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OFFICIAL  REPORT 


DEBATES  km  PROCEEDMGS 


CONSTITUTIONAL  CONVENTION 


<f  tjntc  ai  §tVMU, 


ASSEMBLED     AT     CARSON    CITY,    JULY     4™.     18(i4, 


FORM  A  CONSTITUTION  AND  STATE   GOVERNMENT. 


ANDREW    J.    MARSH,    OFFICIAL    REPORTER. 


SAN  FRANCISCO  : 

FRANK    EASTMAN,    PRINTER. 
1S6G. 


A  1 


CONTENTS. 


Wi                                                                                                                                                                                Page. 
».  Note  by  the  Reporter iv 

iT  Organic  Act  of  the  Territory  of  Nevada v-ix 

c 

5  Ena«i,ix(;  Act  and  Act  amendatory  thereof x-xii 

-    Proclamation  of  the  Governor  of  the  Territory  calling  the  Convention xiii 

:    Abstract  of  Votes  upon  the  Constitution xiv 

:    Proclamation  of  the  President  admitting  the  State  of  Nevada  into  the  Union xv 

■     HoMOGRAPHic  Chart  op  the  Convention xvi 

Debates  and  Proceedings  of  the  Convention 1-829 

Constitution  of  the  State  of  Nevada 830-855 

Index  of  Debates  and  Proceedings 856-929 

Index  of  Constitution 928-943 

Errata 944 


;587G9 


«:?(-:«"■,'/ 

(<»•< 


NOTE  BY  THE  REPORTER. 


The  preparation  and  publication  of  the  volume  of  Debates  and  Proceedings  haf  b'een  very 
much  delayed,  by  causes  beyond  the  control  of  the  Reporter  or  Printer  ;  and  the  work  is  now 
presented,  from  necessity,  without  the  contemplated  introductory  pages,  the  committee  ap- 
pointed by  the  Convention  to  prepare  an  introduction,  embracing  a  brief  outline  of  the  history 
of  the  Territory  of  Nevada,  not  having  performed  that  duty  in  season.  The  volume  Is  respect- 
fully submitted  to  the  people  of  Nevada,  with  a  full  consciousness  on  the  part  of  the  Reporter 
that  he  has  discharged  faithfully,  and  to  the  utmost  of  his  ability,  every  duty  devolved  upon  him, 
in  connection  with  its  preparation,  revision,  and  indexing.  He  takes  this  occasion  to  return  his 
sincere  thanks  to  all  the  members  of  the  Convention  for  their  cordial  and  friendly  cooperation. 

ANDREW  J.  MARSH, 

Official  Reporter. 

Sax  Fu-occisco,  Gil.,  November.  18C6. 


ACT  OF  CONGRESS 


OEGANIZINa    THE    TERRITORY    OF    NEVADA 


An  Act  to   Organize  the   Territory  of  Nevada. 

[Approved  March  2,  1861.] 


Be  it  enacted  by  the  Senate  and  House  of  Hep- 
reseniatives  of  the  United  States  of  America  in 
Congress  assembled,  That  all  that  part  of 
the  territory  of  the  United  States  included 
within  the  following  limits,  to  wit : —  Begin- 
ning at  the  point  of  intersection  of  the  forty- 
second  degree  of  north  latitude  with  the 
thirty-ninth  degree  of  longitude  west  from 
Washington ;  thence  running  south  on  the 
line  of  said  thirty-ninth  degree  of  west  longi- 
tude, until  it  intersects  the  northern  boundary 
line  of  the  Territory  of  New  Mexico  ;  thence 
due  west  to  the  dividing  ridge  separating  the 
waters  of  Carson  Valley  from  those  that  flow 
into  the  Pacific  ;  thence  on  said  dividing  ridge 
northwardly  to  the  forty-first  degree  of  north 
latitude  ;  thence  due  north  to  the  southern 
boundary  line  of  the  State  of  Oregon ;  thence 
due  east  to  the  place  of  beginning — be.  and 
the  same  is  hereby,  erected  into  a  temporary 
Government,  by  the  name  of  the  Territory  of 
Nevada ;  provided,  that  so  much  of  the  terri- 
tory within  the  present  limits  of  the  State  of 
California,  shall  not  be  included  within  this 
Territory  until  the  State  of  California  shall 
assent  to  the  same,  by  an  act  irrevocable  with- 
out the  consent  of  the  United  States  ;  provided, 
further,  that  nothing  in  this  x\ct  contained  shall 
be  construed  to  impair  the  rights  of  person  or 
property  now  pertaining  to  the  Indiaas  in  said 
Territory,  so  long  as  such  rights  shall  remain 
unextinguished  by  treaty  between  the  United 
States  and  such  Indians,  or  to  include  any  ter- 
ritory which,  by  treaty  with  any  Indian  tribe, 
is  not,  without  the  consent  of  said  tribe,  to  be 
included  within  the  territorial  limits  or  juris- 
diction of  any  State  or  Territory  ;  but  all  such 


territory  shall  be  excepted  out  of  the  bounda- 
ries, and  constitute  no  part  of  the  Territory  of 
Nevada,  until  said  tribe  shall  signify  their  as- 
sent to  the  President  of  the  United  States,  to 
be  included  within  the  said  Territory,  or  to 
affect  the  authority  of  the  Government  of  the 
United  States  to  make  any  regulations  respect- 
ing such  Indians,  their  lands,  property,  or  other 
rights,  by  treaty,  law,  or  otherwise,  which  it 
would  have  been  competent  for  the  Govern- 
ment to  make  if  this  Act  had  never  passed ; 
provided,  further,  that  nothing  in  this  Act  con- 
tained shall  be  construed  to  inhibit  the  Govern- 
ment of  the  United  States  from  dividing  said 
Territory  into  two  or  more  Teri'itories,  in  such 
manner  and  at  such  times  as  Congress  shall 
deem  convenient  and  proper,  or  from  attaching 
any  portion  thereof  to  any  other  Territory  or 
State. 

Sec.  2.  And  be  it  further  enacted,  That  the 
Executive  power  and  authority  in  and  over 
said  Territory  of  Nevada  shall  be  vested  in  a 
Governor,  who  shall  hold  his  oflBce  for  four 
years,  and  until  his  successor  shall  be  appointed 
and  qualified,  unless  sooner  removed  by  the 
President  of  the  United  States.  The  Governor 
shall  reside  within  said  Territory,  shall  be  com- 
mander-in-chief of  the  militia  thereof,  shall 
perform  the  duties  and  receive  the  emoluments 
of  Superintendent  of  Indian  Affairs,  and  shall 
approve  all  laws  passed  by  the  Legislative  As- 
sembly before  they  shall  take  effect ;  he  may 
grant  pardons  for  offenses  against  the  laws  of 
said  Territory,  and  reprieves  for  offenses  against 
the  laws  of  the  United  States,  until  the  decision 
of  the  President  can  be  made  known  thereon  ; 
he  shall  commission  all  ofiScers  who  shall  be 


VI 


ORGANIC  ACT. 


appointed  to  office  imder  the  laws  of  said  Ter- 
ritory, and  shall  take  care  that  the  laws  be 
faithfully  executed. 

Sec.  3.  And  be  it  fudher  enacted,  That  there 
-hall  be  a  Secretary  of  said  Territory,  who  shall 
reside  therein,  and  hold  his  ottico  for  four  years, 
uuU'Sa  sooner  removed  by  the  President  of  the 
United  States  ;  he  shall  record  and  preserve  all 
the  laws  and  proceedings  of  the  Legislative 
Assembly  hereinafter  constituted,  and  all  the 
acts  and  proceedings  of  the  Governor  in  his 
Executive  Department;  he  shall  transmit  one 
copy  of  the  laws  and  one  copy  of  the  Execu- 
tive proceedings,  on  or  before  the  first  day  of 
December  in  each  year,  to  the  Tresident  of  the 
Initeil  States,  and  at  the  same  time  two  copies 
of  the  laws  to  the  Spealver  of  the  House  of 
Representatives  and  the  Tresident  of  the  Sen- 
ate, for  the  use  of  Congress  ;  and  in  case  of  the 
death,  removal,  or  resignation,  or  other  neces- 
sary absence  of  the  Governor  from  the  Terri- 
tory, the  .Secretary  shall  have,  and  he  is  hereby 
authorized  and  required  to  execute  and  per- 
form, all  the  powers  and  duties  of  the  Governor, 
during  such  vacancy  or  necessary  absence,  or 
until  another  Governor  shall  be  duly  appointed 
to  fill  such  vacancy. 

Sec.  4.  And  he  it  further  enacted,  That  the 
legislative  power  and  authority  of  said  Terri- 
tory shall  be  vested  in  the  Governor,  and  a 
Legislative  Assembly.  The  Legislative  Assem- 
blv  <hall  consist  of  a  Council  and  House  of 
Representatives.  The  Council  shall  consist  of 
nine  members,  which  may  be  increased  to  thir- 
teen, having  the  tiualificalions  of  voters  as 
hereinafter  i)rescribed,  whose  term  of  service 
shall  continue  two  yeai-s.  The  House  of  Rep- 
resentatives shall  consist  of  thirteen  members, 
which  may  be  increased  to  twenty-six,  possess- 
ing the  same  qualifications  as  prescribed  for 
members  of  the  Council,  and  whose  term  of 
i-rvice  shall  continue  one  year.  An  appor- 
tionment shall  be  made,  as  nearly  equal  as 
practicable,  among  the  several  counties  or  dis- 
lricL'<,  for  the  election  of  the  Council  and  of  the 
House  of  Representatives,  giving  to  each  sec- 
tion of  the  Territory  representation  in  the  ratio 
of  its  population,  (Indians  excepted,)  as  nearly 
a-s  may  be  ;  and  the  members  of  the  Council 
an<l  of  the  House  of  Representatives  shall  re- 
ide  in.  and  be  iidiabitants  of  the  district  for 
■A  hich  tlii-y  may  be  elected,  resj)eclively.  I're- 
viouJJ  to  the  first  election,  the  Governor  shall 
cauKo  a  I  ensuH  ur  enumeration  of  the  inhabit- 


ants of  the  several  counties  and  districts  of  the 
Territory  to  be  taken  ;  and  the  first  election 
shall  be  held  at  such  time  and  places,  and  be 
conducted  in  such  manner,  as  the  Governor 
shall  appoint  and  direct ;  and  he  shall,  at  the 
same  time,  declare  the  number  of  the  members 
of  the  Council  and  House  of  Representatives 
to  which  each  of  the  counties  or  districts  shall 
be  entitled  under  this  Act.  The  number  of 
persons  authorized  to  be  elected  having  the 
highest  number  of  votes  in  each  of  said  Coun- 
cil Districts  for  members  of  the  Council,  shall 
be  declared  by  the  Governor  to  be  duly  elected 
to  the  Council  ;  and  the  person  or  persons  au- 
thorized to  be  elected  having  the  greatest  num- 
ber of  votes  for  the  House  of  Representatives, 
equal  to  the  number  to  which  edch  county  or 
district  shall  be  entitled,  shall  be  declared  by 
the  Governor  to  be  elected  members  of  the 
House  of  Representatives ;  provided,  that  in 
case  of  a  tie  between  two  or  more 'persons 
voted  for,  the  Governor  shall  order  a  new  elec- 
tion, to  supply  the  vacancy  made  by  such  tie. 
And  the  persons  thus  elected  to  the  Legislative 
Assembly,  shall  meet  at  such  place  and  on  such 
day  as  the  Governor  shall  appoint ;  but  there- 
after, the  time,  place,  and  manner  of  holding 
and  conducting  all  elections  by  the  people,  and 
the  apportioning  the  representations,  in  the 
several  counties  or  districts,  to  the  Council  and 
House  of  Representatives,  according  to  the 
population,  shall  be  prescribed  by  law,  as  well 
as  the  day  of  the  commencement  of  the  regular 
sessions  of  the  Legislative  Assembly  ;  provided, 
that  no  one  session  shall  exceed  the  tiani  of 
forty  days,  except  the  first,  which  may  be  ex- 
tended to  sixty  days,  but  no  longer. 

Skc.  5.  And  he  it  further  enacted.  That  every 
free  white  male  inhabitant  of  the  United  States 
above  the  age  of  twenty-one  years,  who  shall 
have  been  a  resident  of  said  Territory  at  the 
time  of  the  passage  of  this  Act,  shall  be  enti- 
tled to  vote  at  the  first  election,  and  shall  be 
eligible  to  any  office  within  the  said  Territory  ; 
but  the  qualifications  of  voters,  and  of  holding 
office  at  all  subsequent  elections,  shall  be  such 
as  shall  be  prescribed  by  the  Legislative  As- 
sembly ;  provided,  that  the  right  of  suffrage 
and  of  holding  office  shall  be  exercised  only  by 
citizens  of  the  United  States,  and  those  who 
shall  have  declared  on  oath  their  intention  to 
become  such,  and  shall  have  taken  an  oath  to 
support  the  Constitution  of  the  United  States. 

Sec.  6.    And  he  il  further  enacted,  That  the 


ORGANIC  ACT. 


vn 


Legislative  power  of  the  Territory  shall  extend 
to  all  rightCiil  subjects  of  legislation  consistent 
with  the  Constitution  of  the  United  States,  and 
the  provisions  of  this  Act ;  but  no  law  shall  be 
passed  interfering  with  the  primary  disposal  of 
the  soil ;  no  tax  shall  be  imposed  upon  the 
property  of  the  United  States  ;  nor  shall  the 
lands  or  other  property  of  non-residents  be 
taxed  higher  than  the  lands  or  other  property 
of  residents  ;  nor  shall  any  law  be  passed  im- 
pairing the  rights  of  private  property ;  nor 
shall  any  discrimination  be  made  in  taxing 
ditferent  kinds  of  property ;  but  all  property 
subject  to  taxation  shall  be  in  proportion  to 
the  value  of  the  property  taxed. 

Sec.  7.  And  he  it  further  enacted,  That  all 
township,  district,  and  county  officers,  not  here- 
in otherwise  provided  for,  shall  be  appointed, 
or  elected,  as  the  case  may  be,  in  such  manner 
as  shall  be  provided  by  the  Governor  and  Leg- 
islative Assembly  of  the  Territory.  The  Gov- 
ernor shall  nominate,  and,  by  and  with  the  ad- 
vice and  consent  of  the  Legislative  Council, 
appoint  all  officers  not  herein  otherwise  pro- 
vided for :  and,  in  the  first  instance,  the  Gov- 
ernor alone  may  appoint  all  said  officers,  who 
shall  hold  their  offices  until  the  end  of  the  first 
session  of  the  Legislative  Assembly,  and  shall 
lay  off  the  necessary  districts  for  members  of 
the  Council  and  House  of  Representatives,  and 
all  other  officers. 

Sec.  8.  And  he  it  further  enacted,  That  no 
member  of  the  Legislative  Assembly  shall  hold 
or  be  appointed  to  any  office  which  shall  have 
been  created,  or  the  salary  or  emoluments  of 
which  shall  have  been  increased  while  he  was 
a  member,  during  the  term  for  which  he  was 
elected,  and  for  one  year  after  the  expiration 
of  such  term  ;  and  no  person  holding  a  com- 
mission or  appointment  under  the  United  States, 
except  Postmasters,  shall  be  a  member  of  the 
Legislative  Assembly,  or  shall  hold  any  office 
under  the  Government  of  said  Territory. 

Sec.  9.  And  he  it  further  enacted,  That  the 
Judicial  power  of  said  Territory  shall  be  vested 
in  a  Supreme  Court,  District  Courts,  Probate 
Courts,  and  in  Justices  of  the  Peace.  The  Su- 
preme Court  shall  consist  of  a  Chief  Justice 
and  two  Associate  Justices,  any  two  of  whom 
shall  constitute  a  quorum,  and  who  shall  hold 
a  term  at  the  seat  of  Government  of  said  Ter- 
ritory annually,  and  they  shall  hold  their  offices 
during  the  period  of  four  years.  The  said 
Territory  shall  be  divided  into  three  Judicial 


Districts,  and  a  District  Court  shall  be  held  in 
each  of  said  districts  by  one  of  the  Justices  of 
the  Supreme  Court,  at  such  time  and  place  ag 
may  be  prescribed  by  law  ;  and  the  said  Judges 
shall,  after  their  appointments,  respectively, 
reside  in  the  districts  which  shall  be  assigned 
them.  The  jurisdi  ction  of  the  several  courts 
herein  provided  for,  both  appellate  and  origi- 
nal, and  that  of  the  Probate  Courts  and  of  the 
Justices  of  the  Peace,  shall  be  as  limited  by 
law  ;  provided,  that  Justices  of  the  Peace  shall 
not  have  jurisdiction  of  any  matter  in  contro- 
versy when  the  title  of  boundaries  of  land  may 
be  in  dispute,  or  where  the  debt  or  sum  claimed 
shall  exceed  one  hundred  dollars  ;  and  the  said 
Supreme  and  District  Courts,  respectively,  shall 
possess  chanceiy  as  well  as  common  law  juris- 
diction ;  and  authority  for  redress  of  all  wrongs 
committed  against  the  Constitution  or  laws  of 
the  United  States,  or  of  the  Territory,  affecting 
persons  or  property.  Each  District  Court,  or 
the  Judge  thereof,  shall  appoint  its  Clerk,  who 
shall  also  be  the  Register  in  Chancery,  and 
shall  keep  his  office  at  the  place  where  the 
Court  may  be  held.  "Writs  of  error,  bills  of 
exception,  and  appeals,  shall  be  allowed  in  all 
cases  fi'om  the  final  decisions  of  said  District 
Courts  to  the  Supreme  Court,  under  such  regu- 
lations as  may  be  pi-escribed  by  law  ;  but  in  no 
case  removed  to  the  Supreme  Court  shall  trial 
by  jury  be  allowed  in  said  Court.  The  Su- 
preme Court,  or  the  Justices  thereof,  shall  ap- 
point its  own  Clerk,  and  every  Clerk  shall  hold 
his  office  at  the  pleasure  of  the  Court  for  which 
he  shall  have  been  appointed.  Writs  of  error 
and  appeals  from  the  final  decisions  of  said 
Supreme  Court  shall  be  allowed,  and  may  be 
taken  to  the  Supreme  Court  of  the  United 
States,  in  the  same  manner  and  under  the  same 
regulations  as  from  the  Circuit  Courts  of  the 
United  States,  where  the  value  of  the  property, 
or  the  amount  in  controversy,  to  be  ascertained 
by  the  oath  or  affirmation  of  either  party,  or 
other  competent  witness,  shall  exceed  one  thou- 
sand dollars  ;  and  each  of  the  said  District 
Courts  shall  have  and  exercise  the  same  juris- 
diction in  all  cases  arising  under  the  Constitu- 
tion and  laws  of  the  United  States,  as  is  vested 
in  the  Circuit  and  District  Courts  of  the  United 
States ;  and  the  said  Supreme  and  District 
Courts  of  the  said  Territory,  and  the  respectiv 
Judges  thereof,  shall  and  may  grant  writs  of 
habeas  corpus  in  all  cases  in  which  the  same 
are  grantable  by  the  Judges   of  the  United 


VI 11 


ORGANIC  ACT. 


States  in  the  District  of  Columbia  ;  and  the 
first  six  (lays  of  every  terra  of  said  Courts,  or 
so  much  thereof  as  shall  be  necessary,  shall  be 
appropriated  to  the  trial  of  causes  arising  un- 
der the  said  Constitution  and  laws  ;  and  writs 
of  error  and  appeals  in  all  such  cases  shall  be 
made  to  the  Supreme  Court  of  said  Territory 
the  same  as  in  other  cases.  The  said  Clerk 
shall  receive,  in  all  such  cases,  the  same  fees 
which  the  Clerks  of  the  District  Courts  of  Utah 
Territory  now  receive  for  similar  services. 

Sec.  10.  .l/(f7  be  it  furiher  enacted,  That  there 
shall  be  appointed  an  Attornej^  for  said  Terri- 
tory, who  shall  continue  in  office  for  four  years, 
unless  sooner  removed  by  the  President,  and 
who  shall  receive  the  same  fees  and  salary  as 
the  Attorney  of  the  United  States  for  the  pres- 
ent Territory  of  Utah.  There  shall  also  be  a 
Marshal  for  the  Territory  appointed,  who  shall 
hold  his  office  for  four  years,  unless  sooner  re- 
moved by  the  President,  and  who  shall  execute 
all  processes  issuing  from  the  said  Courts  when 
exercising  their  jvirisdictiou  as  Circuit  and  Dis- 
trict Courts  of  the  United  States  ;  he  shall  per- 
form the  duties,  be  subject  to  the  same  regula 
tions  and  penalties,  and  be  entitled  to  the  same 
fees,  as  the  Marshal  of  the  District  Court  of  the 
United  States  for  the  present  Territory  of  Utah, 
and  shall,  in  addition,  be  paid  two  hundred 
dollars  Annually  as  a  compensation  for  extra 
services. 

Sec.  11.  And  he  it  furiher  enacted,  That  the 
Governor,  Secretary,  Chief  Justice,  and  A.sso- 
ciate  Justices,  Attorney,  and  Marshal,  shall  be 
nominated,  and.  by  and  with  the  advice  and 
consent  of  the  Senate,  appointed  by  the  Presi- 
dent of  the  United  States.  The  Governor  and 
Secretary,  to  be  appointed  as  aforesaid,  shall, 
before  they  act  as  siich,  respectively  take  an 
oath  or  affirmation  before  the  District  Judge, 
or  some  Justice  of  the  .Peace  in  the  limits  of 
said  Territory,  duly  authorized  to  administer 
oaths  and  affirmations  by  the  laws  now  in  force 
therein,  or  before  the  Chief  Justice,  or  some 
Associate  Justice  of  the  Supreme  Court  of  the 
United  States,  to  support  the  Constitution  of 
the  United  States,  and  faithfully  to  discharge 
the  duties  of  their  respective  offices;  which 
said  oaths,  when  so  taken,  shall  be  certified  by 
the  person  by  whom  the  same  shall  have  been 
taken,  and  such  certificates  shall  be  received 
and  recorded  l»y  the  Secretiiry  among  the  I-lvec- 
utive  proceedings;  and  the  Chief  Justice  and 
Ahsociale  Justices,  and  all  other  civil  officers 


in  said  Territory,  before  they  act  as  such,  shall 
take  a  like  oath  or  affirmation  before  the  said 
Governor  or  Secretary,  or  some  Judge  or  Jus- 
tice of  the  Peace  of  the  Territory,  who  may  be 
duly  commissioned  and  qualified,  which  said 
oath  or  affirmation  shall  be  certified  and  trans- 
mitted by  the  person  taking  the  same  to  the 
Secretary,  to  be  by  him  recorded  as  aforesaid  ; 
and  afterwards,  the  like  oath  or  affirmation 
shall  be  taken,  certified,  and  recorded  in  such 
manner  and  form  as  may  be  prescribed  by  law 
The  Governor  shall  receive  an  annual  salary  of 
fifteen  hundred  dollars  as  Governor,  and  one 
thousand  dollars  as  Superintendent  of  Indian 
Affairs  ;  the  Chief  Justice  and  Associate  Jus- 
tices shall  each  receive  an  annual  salary  of 
eighteen  hundred  dollars.  The  .Secretary  shall 
receive  a  salary  of  eighteen  hundred  dollars. 
The  said  salaries  shall  be  paid  quarfer-year- 
ly  at  the  Treasury  of  the  United  States.  The 
members  of  the  Legislative  Assembly  shall 
be  entitled  to  receive  three  dollars  each  per 
day  during  their  attendance  at  the  session 
thereof,  and  three  dollars  for  every  twenty 
miles'  travel  in  going  to  and  returning 
from  the  said  session,  estimated  according 
to  the  nearest  usually  traveled  route.  There 
shall  be  appropriated  annually  the  sum  of 
one  thousand  dollars,  to  be  expended  by  the 
Governor,  to  defray  the  contingent  expenses  of 
the  Territory.  There  shall  also  be  appropri- 
ated annually  a  sufficient  sum,  to  be  expended 
by  the  Secretary  of  the  Territory,  and  upon  an 
estimate  to  be  made  by  the  Secretary  of  the 
Treasury  of  the  United  States,  to  defray  the 
expenses  of  the  Legislative  Assembly,  the  print- 
ing of  the  laws,  and  other  incidental  expenses  ; 
and  the  Secretary  of  the  Territoi'y  .shall  annu- 
ally account  to  the  Secretary  of  the  Treasury 
of  the  United  States  for  the  manner  in  which 
the  aforesaid  sum  shall  have  been  expended. 

Skc.  12.  And  he  it  furUter  enacted,  That  the 
Legislative  Assembly  of  the  Territory  of  Ne" 
vada  shall  hold  its  first  session  at  such  time  and 
place  in  .said  Territory  as  the  Governor  thei-eof 
shall  appoint  and  direct ;  and  at  said  first  ses- 
sion, or  as  soon  thereafter  as  they  shall  deem 
expedient,  the  Governor  and  Legislative  As- 
sembly shall  proceed  to  locate  and  establi.sh 
the  seat  of  Government  for  said  Territory,  at 
such  place  as  they  may  deem  eligible  ;  which 
place,  however,  shall  thereafter  be  subject  to 
be  changed  by  the  said  Governor  and  Legisla- 
tive A.ssembly. 


ORGANIC  ACT. 


IX 


Sec.  13.  A7id  he  it  furiher  enacted,  That  a 
Delegate  to  the  House  of  Representatives  of 
the  United  States,  to  serve  during  each  Con- 
gress of  the  United  States,  may  be  elected  by 
the  voters  qualified  to  elect  members  of  the 
Legislative  Assembly,  who  shall  be  entitled  to 
the  same  rights  and  privileges  as  are  exercised 
and  enjoyed  by  the  Delegates  from  the  several 
other  Territories  of  the  United  States  to  the 
said  House  of  Representatives.  The  first  elec- 
tion shall  be  held  at  such  time  and  places,  and 
be  conducted  in  such  manner,  as  the  Governor 
shall  appoint  and  direct ;  and  at  all  subsequent 
elections,  the  times,  places,  and  manner  of 
holding  elections,  shall  be  prescribed  by  law. 
The  person  having  the  greatest  number  of  votes 
shall  be  declared  by  the  Governor  to  be  duly 
elected,  and  a  certificate  thereof  shall  be  given 
accordingly. 

Sec.  14.  And  be  it  further  enacted,  That  when 
the  land  in  said  Territory  shall  be  surveyed, 
under  the  direction  of  the  Government  of  the 
United  States,  preparatory  to  bringing  the  same 
into  market,  sections  numbered  sixteen  and 
thirty-six  in  each  township  in  said  Territory 
shall  be,  and  the  same  is  hereby,  reserved  for 
the  purpose  of  being  applied  to  schools  in  the 
States  hereafter  to  be  erected  out  of  the  same. 

Sec.  15.  And  be  it  further  enacted.  That  tem- 
porarily, and  until  otherwise  provided  by  law, 
the  Governor  of  said  Territory  may  define  the 
Judicial  Districts  of  said  Territory,  and  assign 


the  Judges  who  may  be  appointed  for  said  Ter- 
ritory to  the  several  districts,  and  also  appoint 
the  times  and  places  for  holding  Courts  in  the 
several  counties  or  subdivisions  in  each  of  said 
Judicial  Districts,  by  proclamation  to  be  issued 
by  him  ;  but  the  Legislative  Assembly,  at  their 
first  or  any  subsequent  session,  may  organize, 
alter,  or  modify  such  Judicial  Districts,  and 
assign  the  Judges,  and  alter  the  times  and 
places  of  holding  the  Courts,  as  to  them  shall 
seem  j)roper  and  convenient. 

Sec.  16.  And  be  it  further  enacted,  That  the 
Constitution  and  all  laws  of  the  United  States 
which  are  not  locally  inapplicable,  shall  have 
the  same  force  and  etfect  within  the  said  Terri" 
tory  of  Nevada  as  elsewhere  withiu  the  United 
States. 

Sec.  17.  And  be  it  further  enacted,  That  the 
President  of  the  United  States,  by  and  with  the 
advice  and  consent  of  the  Senate,  shall  be,  and 
he  is  hereby,  authorized  to  appoint  a  Surveyor- 
General  for  Nevada,  who  shall  locate  his  office 
at  such  place  as  the  Secretary  of  the  Interior 
shall  from  time  to  time  direct,  and  whose  duties, 
powers,  obligations,  responsibilities,  compensa- 
tion, and  allowances  for  clerk  hire,  office  rent, 
fuel,  and  incidental  expenses,  shall  be  the  same 
as  those  ot  the  Surveyor-General  of  New  Mex- 
ico, under  the  direction  of  the  Secretary  of  the 
Interior,  and  such  instructions  as  he  may,  from 
time  to  time,  deem  it  advisable  to  give  him. 


ENABLING  ACT. 


Chap.  XXXYl.—An  Act  lo  enaUe  (he  People  of 
Nevada  to  form  a  Constitution  and  State  Gov- 
ernment, and  for  the  Admission  of  such  Slate 
into  the  Union  on  an  equal  fooling  with  the 
original  States. 

Be  it  enacted  by  the  Senate  and  House  of  Bep- 
resentalives  of  the  United  States  of  America  in 
Congress  assemhled,  That  the  inhabitants  of  that 
portion  of  the  Territory  of  Nevada  included  in 
the  boundaries  hereinafter  designated  be,  and 
the}'  are  hereby,  authorized  to  form  for  them- 
selves, out  of  said  Territory,  a  State  Govern- 
ment, with  the  name  aforesaid,  which  said 
State,  when  formed,  shall  be  admitted  into  the' 
Union  upon  an  equal  footing  with  the  original 
States,  in  all  respects  whatsoever. 

Sec.  2.  And  be  it  further  enacted,  That  the 
said  State  of  Nevada  .shall  consist  of  all  the 
territory  included  within  the  following  bound- 
aries, to  wit :  Commencing  at  a  point  formed 
by  the  intersection  of  the  thirty-eighth  degree 
of  longitude  west  from  Washington  with  the 
thirty-seventh  degree  of  north  latitude  ;  thence 
due  west  along  said  thirty-seventh  degree  of 
north  latitude  to  the  eastern  boundary  line  of 
the  State  of  California  ;  thence  in  a  northwest- 
erly direction  along  the  said  eastern  boundary 
line  of  the  State  of  California  to  the  forty-third 
degree  of  longitude  west  from  Washington  ; 
thence  north  along  said  forty-third  degree  of 
west  longitude  and  said  eastern  boundary  line 
of  the  State  of  California  to  the  forty-second 
degree  of  north  latitude  ;  thence  due  east  along 
the  said  forty-second  degree  of  north  latitude 
to  a  point  formed  by  its  intersection  with  the 
aforesaid  thirty-<'ighth  degree  of  longitude  west 
from  AVashington  ;  thence  due  south  down  said 
thirty-eightli  degree  of  west  longitude  to  the 
place  of  beginning. 

Skc.  3.    And  be  it  further  enacted,  Tliat  all 


persons  qualified  bylaw  to  vote  for  representa- 
tives to  the  general  assembly  of  said  Territory, 
at  the  date  of  the  passage  of  this  Act,  shall  be 
qualified  to  be  elected,  and  they  are^authorized 
to  vote  for  and  choose  representatives  to  form 
a  Convention,  under  such  rules  and  regulations 
as  the  Governor  of  said  Territory  may  pre- 
scribe ;  and  also  to  vote  upon  the  acceptance 
or  rejection  of  such  Constitution  as  may  be 
formed  by  said  Convention,  under  such  rules 
and  regulations  as  the  said  Convention  may 
prescribe  ;  and  if  any  of  said  citizens  are  en- 
listed in  the  army  of  the  United  States,  and  are 
still  within  said  Territory,  they  shall  be  per- 
mitted to  vote  at  their  place  of  rendezvous ; 
and  [if]  any  are  absent  from  said  Territory,  by 
reason  of  their  enlistment  in  the  army  of  the 
United  States,  they  shall  be  permitted  to  vote 
at  their  place  of  service,  under  the  rules  and 
regulations  in  each  case  to  be  prescribed  as 
aforesaid  ;  and  the  aforesaid  representatives  to 
form  the  aforesaid  Convention,  shall  be  appor- 
tioned among  the  several  counties  in  said  Ter- 
ritory in  proportion  to  the  population,  as  near 
as  may  be  ;  and  said  apportionment  shall  be 
made  for  said  Territory  by  the  Governor, 
United  States  District  Attorney,  and  Chief  Jus- 
tice thereof,  or  any  two  of  them  ;  and  the  Gov- 
ernor of  said  Territory  shall,  by  proclamation, 
on  or  before  the  first  Monday  of  Miy  next, 
order  an  election  of  the  representatives  as 
aforesaid,  to  be  held  on  the  first  Monday  in 
June  thereafter  throughout  the  Territory,  and 
such  election  shall  be  conducted  in  the  .same 
manner  as  is  prescribed  by  the  laws  of  said 
Territory  regulating  elections  therein  for  mem- 
l)ers  of  the  House  of  Representatives,  and  the 
number  of  members  to  said  Convention  shall 
be  tiie  same  as  now  constitute  both  branches  of 
the  Legi-slature  of  the  aforesaid  Territory. 
Sec.  4.    And  be  it  further  enacted,  That  the 


ENABLING  ACT. 


XI 


members  of  the  Convention,  thus  elected,  shall  I 
meet  at  the  Capital  of  said  Territoiy  on  the  | 
first  Monday  in  July  next,  and.  after  organiza- 
tion, shall  declare,  on  behalf  of  the  people  of 
said  Territory,  that  they  adopt  the  Constitution 
of  the  United  States.  Whereupon  the  said 
Convention  shall  be,  and  it  is  hereby,  author- 
ized to  form  a  Constitution  and  State  Govern- 
ment for  said  Territory.  Provided,  That  the 
Constitution,  when  formed,  shall  be  republican, 
and  not  repugnant  to  the  Constitution  of  the 
United  States,  and  the  principles  of  the  Declara- 
tion of  Independence.  And,  provided  further, 
That  said  Convention  shall  provide,  by  an  ordi- 
nance irrevocable,  without  the  consent  of  the 
United  States  and  the  people  of  said  State  : — 

First.  That  there  shall  be  neither  slavery 
nor  involuntary  servitude  in  the  said  State, 
otherwise  than  in  the  punishment  of  crimes, 
whereof  the  party  shall  have  been  duly  con- 
victed. 

Second.  That  perfect  toleration  of  religious 
sentiment  shall  be  secured,  and  no  inhabitant 
of  said  State  shall  ever  be  molested  in  person 
or  property  on  account  of  his  or  her  mode  of 
religious  worshii). 

Third.  That  the  people  inhabiting  said  Ter- 
ritory do  agree  and  declare  that  they  forever 
disclaim  all  right  and  title  to  the  unappropri- 
ated public  lands  lying  within  said  Territory, 
and  that  the  same  shall  be  and  remain  at  the 
sole  and  entire  disposition  of  the  United  States  ; 
and  that  the  lands  belonging  to  citizens  of 
the  United  States  residing  without  the  said 
State  shall  never  be  taxed  higher  than  the  land 
belonging  to  the  residents  thereof ;  and  that  no 
taxes  shall  be  imposed  by  said  State  on  lands 
or  property  therein  belonging  to,  or  which  may 
hereafter  be  purchased  by,  the  United  States. 

Sec.  5.  And  he  it  further  enacted,  That  in 
case  a  Constitution  and  State  Government  shall 
be  formed  for  the  people  of  said  Territory  of 
Nevada,  in  compliance  with  the  provisions  of 
this  Act,  that  said  Convention  forming  the  same 
shall  provide  by  ordinance  for  submitting  said 
Constitution  to  the  people  of  said  State  for 
their  ratification  or  rejection  at  an  election  to 
be  held  on  the  second  Tuesday  of  October,  one 
thousand  eight  hundred  and  sixty-four,  at  such 
places  and  under  such  regulations  as  may  be 
prescribed  therein,  at  which  election  the  lawful 
voters  of  said  new  State  shall  vote  directly  for 
or  against  the  proposed  Constitution,  and  the 
returns  of  said  election  shall  be  made  to  the 


acting  Governor  of  the  Territory,  who,  with 
the  United  States  District  Attorney  and  Chief 
I  Justice  of  said  Territory,  or  any  two  of  them, 
shall  canvass  the  same,  and  if  a  majority  of 
legal  votes  shall  be  cast  for  said  Constitution 
in  said  proposed  State,  the  said  acting  Gov- 
ernor shall  certify  the  same  to  the  President  of 
the  United  States,  together  with  a  copy  of  said 
Constitution  and  ordinances ;  whereupon  it 
shall  be  the  duty  of  the  President  of  the  United 
States  to  issue  his  proclamation  declaring  the 
State  admitted  into  the  Union  on  an  equal  foot- 
ing with  the  original  States,  without  any  further 
action  whatever  on  the  part  of  Congress. 

Sec.  6.  And  be  it  further  enacted,  That  until 
the  next  general  census  shall  be  taken,  said 
State  of  Nevada  shall  be  entitled  to  one  Rep- 
resentative in  the  House  of  Representatives  of 
the  United  States,  which  Representative,  to- 
gether with  the  Governor  and  State  and  other 
officers  provided  for  in  said  Constitution,  may 
be  elected  on  the  same  day  a  vote  is  taken  for 
or  against  the  proposed  Constitution  and  State 
Government. 

Sec.  7.  And  he  it  further  enacted,  That  sec- 
tions numbers  sixteen  and  thirty-six,  in  every 
township,  and  where  such  sections  have  been 
sold  or  otherwise  disposed  of  by  any  Act  of 
Congress,  other  lands  equivalent  thereto  in 
legal  subdivisions  of  not  less  than  one  quarter 
section,  and  as  contiguous  as  may  be,  shall  be, 
and  are  hereby,  granted  to  said  State  for  the 
support  of  common  schools. 

Skc.  8.  And  be  it  further  enacted.  That  pro- 
vided the  State  of  Nevada  shall  be  admitted 
into  the  Union,  in  accordance  with  the  forego- 
ing provisions  of  this  Act,  that  twenty  entire 
sections  of  the  iinappropriated  public  lands 
within  said  State,  to  be  selected  and  located  by 
direction  of  the  Legislature  thereof,  on  or  be- 
fore the  first  day  of  January,  anno  Domini 
eighteen  hundred  and  sixty-eight,  shall  be, 
and  they  are  hereby,  granted,  in  legal  subdi- 
visions of  not  less  than  one  hundred  and  sixty 
acres,  to  said  State,  for  the  purpose  of  erecting 
public  buildings  at  the  Capital  of  said  State, 
for  legislative  and  judicial  purposes,  in  such 
manner  as  the  Legislature  shall  prescribe. 

Sec.  9.  And  he  it  further  enacted,  That  twenty 
other  entire  sections  of  land,  as  aforesaid;  to 
be  selected  and  located  as  afoi'esaid,  in  legal 
subdivisions,  as  aforesaid,  shall  be,  and  they 
are  hereby,  granted  to  said  State  for  the  pur- 
pose of  erecting  a  suitable  building  for  a  pen- 


Xll 


ENABLING  ACT— AMENDATORY  ACT. 


itentiarv  or  State  prison  in  the  manner  afore- 
said. 

Skc.  10.  And  be  ii  further  enacted,  That  five 
percentum  of  the  proceeds  of  the  sales  of  all 
public  lands  lying  within  said  State,  which 
shall  be  sold  by  the  United  States  subsequent 
to  the  admission  of  said  State  into  the  Union, 
after  deducting  all  the  expenses  incident  to 
the  same,  shall  be  paid  to  the  said  State  for  the 
purpose  of  making  and  improving  piiblic  roads, 
constructing  ditches  or  canals,  to  effect  a  gen- 
eral system  of  irrigation  of  the  agricultural 
land  in  the  State,  as  the  Legislatiire  shall  direct. 

Sec.  11.  And  he  it  further  enacted,  That  from 
and  after  the  admission  of  the  said  State  of 
Nevada  into  the  Union,  in  pursuance  of  this 
Act,  the  laws  of  the  United  States,  not  locally 
inapplicable,  shall  have  the  same  force  and 
effect  within  the  said  State  as  elsewhere  within 
the  United  States,  and  said  State  shall  consti- 
tute one  judicial  district,  and  be  called  the  Dis- 
trict of  Nevada. 

Apj'kuvkd,  March  21,  1864. 


AMENDATORY    ACT. 

Chap.  XCIY. — An  Act  to  amend  an  Act  entitled 
''An  Act  to  enable  the  People  of  Nevada  to 
form  a  Constitution  and  State  Government,  and 
for  the  Admission  of  such  Slate  into  the  Union 
on  an  equal  footing  with  the  original  Stalest' 

Be  it  enacted  by  the  Senate  and  House  of  Sep- 
resentatives  of  the  United  States  of  America  in 
Congress  assembled,  That  so  much  of  the  fifth 
section  of  the  Act  to  which  this  Act  is  an 
amendment  as  provides  by  ordinance  for  sub- 
mitting the  Constitution  to  the  people  of  said 
State,  for  their  ratification  or  rejection,  at  an 
election  to  be  held  on  the  second  Tuesday  of 
October,  be  so  amended  as  to  read  "  on  the  first 
Wednesday  of  September,"'  and  thSt  the  elec- 
tion for  the  purposes  aforesaid  be  held  on  that 
day  instead  of  the  second  Tuesday  of  October. 

Approvkd,  May  21,  18G4. 


PROCLAMATION. 


Teemtokt  of  Nevada,  Execittive  Depaetment,  1 
Cakson  City,  May  2,  18G4.  | 

Whereas,  By  the  foregoing  Act  entitled  "An  Act  to  enable  the  People  of  Nevada  to  form  a 
Constitution  and  State  Government,  and  for  the  admission  of  such  State  into  the  Union  on  an 
equal  footing  with  the  original  States,"  it  is  made  obligatory  upon  the  Governor,  Chief 
Justice,  and  United  States  Attorney,  to  apportion  "  among  the  several  counties  in  said  Terri- 
tory in  proportion  to  the  population,  as  near  as  may  be,"  representatives  to  form  the  said 
Convention,  and  likewise  obligatory  upon  the  Governor,  when  said  apportionment  is  made  as 
aforesaid,  to  issue  a  proclamation  ordering  an  election  as  prescribed  in  said  Act. 

Now,  therefore,  I,  .James  W.  Nye,  Governor  of  the  Territory  of  Nevada,  do  order  and  direct 
that  an  election  be  held  in  the  several  counties  of  this  Territory,  on  the  first  Monday  of  June 
next,  for  the  purpose  of  electing  Delegates  or  Representatives  to  the  Constitutional  Conven- 
tion for  said  Territory,  "  in  the  same  manner  as  is  prescribed  by  the  laws  of  said  Territory,  reg- 
ulating elections  therein  for  members  of  the  House  of  Representatives,"  and  that  the  num- 
ber of  Representatives,  to  be  elected  in  the  several  counties,  as  this  Caj  apportioned  by 
.he  Governor,  Chief  Justice,  United  States  Attorney,  or  of  the  Teri-itory  of  Nevada,  shall  be  as 
follows : 

Counties.  Is'o.  of  Delegates. 

Storey 10 

Lyon 4 

Churchill 1 

Ormsby 5 

Washoe  and  Roop 5 

Douglas 2 

Esmeralda 4 

Humboldt 3 

Lander 3 

Nye 2 

In  testimony  whereof,  I  have  hereunto  subscribed  my  hand  and  caused  the  great  seal  of 
the  Territory  to  be  affixed  this  second  day  of  May,  1864,  at  the  City  of  Carson,  Territory  of 
Nevada. 

[SEAL.]  JAMES  W.  NYE, 

Governor  of  the  Territory  of  Nevada. 
Attest  : 
Okion  Clsmens, 

Secretary  of  the  Territory. 


ABSTRACT  OF  VOTE    BY  COUNTIES  FOR  AND  AGAINST  THE   CONSTITUTION 

OF   NEVADA. 


Yes.  *  No. 

"Washoe  County 1055 115 

Nye  County 148 '. . . .  53 

Humboldt  County 320 * 544 

Omsby  County 999 90 

Churchill  County 178 100 

Storey  County 5448 142 

Douglas  County 470 76 

Esmeralda  County 8.)9 72 

Lyon  County 898 - 92 

Total  Yes 10,375.  Total  No 1,284 

Majority  in  favor  of  the  Constitution 9,091 

The  foregoing  does  not  embrace  the  vote  of  Lander  County,  as  It  was  not  certified  to  the 

Board  of  Canvassers  in  time  to  be  considered.     There  was  no  material  difiference  in  the  vote* 

however,  and  consequently  it  could  not  have  changed  the  result. 

C.    N.   NOTEWARE, 

Secretary  of  State. 


BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA : 

A  PROCLAMATION. 


Whereas,  the  Congress  of  the  United  States  passed  an  Act,  which  was  approved  on  the  21st 
day  of  March  last,  entitled  •■  An  Act  to  enable  the  people  of  Nevada  to  form  a  Constitution 
and  State  Government,  and  for  the  admission  of  such  State  into  the  Union  on  an  equal  footing 
•with  the  original  States  :" 

And  whereas,  the  said  Constitution  and  State  Government  have  been  formed,  pursuant  to  the 
conditions  prescribed  by  the  fifth  section  of  the  Act  of  Congress  aforesaid,  and  the  certificate 
required  by  the  said  Act,  and  also  a  copy  of  the  Constitution  and  ordinances,  have  been  sub- 
mitted to  the  President  of  the  United  States  : 

Now,  therefore,  be  it  known,  that  I,  Abraham  Lincoln,  President  of  the  United  States,  in 
accordance  with  the  duty  imposed  upon  me  by  the  Act  of  Congress  aforesaid,  do  hereby  de- 
clare and  proclaim  that  the  said  State  of  Nevada  is  admitted  into  the  Union  on  an  equal  footing 
with  the  original  States. 

In  witness  whereof,  I  have  hereunto  set  my  hand,  and  caused  the  seal  of  the  United  States  to 
be  aflBxed. 

Done  at  the  city  of  Washington  this  thirty-first  day  of  October,  in  the  year  of  our  Lord  one 
[l.  s.]     thousand  eight  hundred  and  sixty-four,  and  of  the  independence  of  the  United  States 
the  eighty-ninth. 

ABRAHAil   LINCOLN. 

By  the  President : 

William  H,  Seward,  Secretary  of  State, 


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OFFICIAL   REPORT 


DEBATES  AND  PROCEEDINGS 


NEVADA  STATE  CONSTITUTIONAL  CONVENTION  OF  1864. 


Monday.] 


TEMPORARY  ORGANIZATION. 


[July  4th. 


FIRST  DAY. 


Carson,  N.  T.,  July  4,  1S64. 

Pursuant  to  the  provisions  of  an  Act  of  Con- 
gress, approved  March  21,  1864,  entitled  "  An 
Act  to  enable  the  people  of  Nevada  to  form  a 
Constitution  and  State  Government,  and  for 
the  admission  of  such  State  into  the  Union  on 
an  equal  footing  with  the  original  States,"  a 
Convention  of  Delegates  representing  the  vari- 
ous Counties  in  the  Territory,  assembled  in  the 
Chamber  of  the  House  of  Representatives  at 
Carson  City,  for  the  purpose  of  framing  a  Con- 
stitution and  form  of  State  Government. 

Mr.  JOHNSON  called  the  Convention  to  or- 
der, at  ten  o'clock,  A.  M.,  and  said  : — 

Gentlemen,  Members  of  the  Convention  : — 
At  the  request  of  several  delegates,  the  hour 
having  arrived  when  it  is  proposed  that  this 
Convention  shall  meet,  I  now  call  yon  to  order, 
and  move  that  Judge  Brosnan,  of  Storey,  be 
requested  to  serve  as  temporary  President. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Mr.  BROSNAN  took  the  Chair  as  President 
pro  tern,  of  the  Convention,  and  said  : — 

Gentlemen  of  the  Convention  : — I  thank  you 
most  sincerely  for  this  mark  of  your  kind  at- 
tention and  respect  for  me.  You  will,  I  know, 
excuse  me  from  making  any  observations  at 
this  time.  Our  work  lies  in  hand,  and  we  in- 
tend to  get  through  with  our  business  for  to-day 
as  rapidly  as  we  can,  in  order  to  celebrate  this 
glorious  anniversary. 

Mr.  JOHNSON  moved  that  Mr.  Tozer  be 


chosen  temporary  Secretary  ;  which  motion 
was  agreed  to. 

Mr.  COLLINS.  I  would  inquire  if  there  is  a 
quorum  present. 

Mr.  JOHNSON.     I  believe  there  is  not. 

Mr.  TOZER,  the  Secretary  pro  tern.,  suggested 
that  in  order  to  ascertain  the  fact,  members 
rise  and  be  counted. 

This  was  done,  and  only  nineteen  members, 
(one  less  than  a  quorum),  wore  present. 

Messrs.  JOHNSON  and  GIBSON  suggested 
that  one  or  two  others  were  in  town,  and  would 
be  in  in  a  moment. 

Mr.  STURTEVANT.  I  suggest,  that  perhaps 
it  would  be  a  good  idea  for  Mr.  Clemens,  the 
Secretary  of  the  Territory,  to  call  the  roll  of 
the  members  elect  to  the  Convention.  Then 
we  shall  not  only  know  whether  or  not  a  quo- 
rum is  in  attendance,  but  any  existing  errone- 
ous impressions  will  be  corrected  in  regard  to 
who  are  members.  For  instance,  it  docs  not 
appear  from  the  list  as  published  in  the  news- 
papers, that  I  am  a  member. 

Mr.  JOHNSON.  We  already  have  a  tempo- 
rary Secretary  of  the  Convention,  but  never- 
theless I  will  suggest  that  Secretary  Clemens, 
as  he  has  the  roll,  or  list  of  names  of  members 
elected,  oblige  the  Convention  by  calling  the 
roll.    I  will  make  that  as  a  motion. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

ROLL  CALL. 


The  Hon.  ORION  CLEMENS,  Secretary  of 
the  Territory,  proceeded  to  call  the  roll  of  the 
Convention  by  counties,  in  the  order  in  which 
the  election  returns  had  been  received  by  him. 


TEMPORARY  ORGANIZATION. 


[1st  day. 


Monday.] 


Collins— Opening  Pkayer. 


[July  4th. 


The  following  gentlemen  answered  to  their 
names : — 

i  Frank  H.  Kennedy, 
George  A.  Hudson, 
J.  S.  Crosman. 

ijT   1     f   D      /I      <•      (  George  A.  Nourse. 
Washoe  &c  Roop  Cmnties,  -j  j^^^-  jj  gturtevant. 

Churchill  County Nelson  E.  Murdock. 

Nye  County, Frank.  M.  Proctor. 

f  John  A.  Collins, 
Charles  E.  DeLong, 
Lloyd  Frizell, 
Samuel  A.  Chapin, 

Storey  County, '.  -|  Thomas  Fitch. 

Nath'l  A.  II.  Ball. 
Charles  Tozer, 
Almon  Hovey. 
[Cornelius  M.  Brosnan. 

r  J.  Neely  Johnson, 

n      I    n      ,  J.  II.  Kinkcad, 

Ormsbii  Count)/, i  ■,        ,  r>        e    \ 

•^  ^'  I  Israel  Crawford, 

[  George  L.  Gibson. 
Humboldt  County, James  A.  Banks. 

The  following  gentlemen  were  absent : — 
H.  G.  Parker, 
W.  W.  Belden, 
H.  B.  Brady, 
G.  N.  Folsom. 


J.yon  County, 

Washoe  S^  Roop  Counties, 


Esmeralda  County,. 


Douglas  County,. 


f  William  Wetherill, 
j  B.  S.  Mason, 
I  J.  G.  McClinton, 
I  D.  Wellin^iton. 
(  Albert  T.  Hawley, 


James  W.  Haines. 

Xye  County, Frank  Tagliabue. 

Storey  County, .' .  Josiah  Earl. 

Ormshy  County, A.  J.  Lockwood. 

Humboldt  County \  Ity,'  """"^-       , 

"  i  William  Henry  Jones. 

f  J.  H.  Warwick, 

Lander  County -|  R.  H.  Williams, 

( E.  A.  Morse. 

The  Territorial  Secretary  announced  that 
twenty-one  members  were  present. 

The  PRESIDENT  pro  tern.  There  is  a  quo- 
rum of  members  present,  and  before  proceed- 
ing any  furtiier  I  suggest  to  the  Convention  the 
firopriety  of  opening  our  proceedings  with 
i)rayer,  inasmuch  as  I  see  tliat  tlie  Rev.  Mr. 
White  is  present. 

Mr.  COLLINS  moved  that  Rev.  Mr.  AVhite  l)e 
invited  to  offer  prayer,  which  was  agreed  to. 

The  Rev.  E.  F.  WHITE  came  forward  and 
oftered  the  following 


Our  Father  in  Heaven,  Thou  art  clothed  in 
majesty  and  might !  Thou  art  infinite  in  wis- 
dom and  truth — glorious  in  holiness,  and  ever- 
lasting in  being !    Heaven  and  earth  are  full 


of  Thy  presence  and  can  not  contain  Thee ! 
Thou  hast  given  us  life.  Thy  unwearying  care 
has  ever  been  extended  over  us,  and  we  have 
dwelt  and  rejoiced  '•  under  the  shadow  of  Thy 
wing."  AVe  acknowledge  Thy  mercy  in  direct- 
I  ing  our  ways, — in  appointing  our  changes,  and 
in  bestowing  upon  us  all  the  personal,  social 
and  political  blessings  essential  ta  our  highest 
temporal  and  eternal  well-being.  We  thank 
Thee  for  the  civil  order  which  has  been  estab- 
lished and  maintained  in  this  remote  part  of  our 
land — that  among  these  mountains,  and  amid 
these  desert  wilds,  where  hidden  treasures  are 
hoarded  in  their  primal  beds,  neighborhoods, 
villages,  cities,  and  the  institutions  of  an  en- 
lightened Christian  civilization  have  been 
planted,  as  in  a  day  ;  and  we  thank  Thee  that 
now  the  foundations  of  a  permanent  Common- 
wealth are  being  laid, — that  here,  as  we  trust, 
a  State  is  to  be  reared  in  righteousness, — an  en- 
during monument  to  the  honor  of  Thy  name — 
a  solid  pillar  in  the  great  temple  of  human 
freedom,  and  a  tower  of  strength  to  the  Gen- 
eral Government,  through  all  time.  We  be- 
seech Thee.  Heavenly  Father,  to  bless  every 
member  of  this  Convention.  Imbue  each  heart 
with  wisdom  from  on  high,  and  grant  that  no 
selfish  purposes,  no  sordid  motives,  no  unholy 
ambition,  may  bear  influence  upon  this  floor. 
May  every  mind  realize  its  dependence  upon 
Thee,  and  be  assured  of  the  enlightening  influ- 
ences of  Thy  word,  and  of  the  blessed  teach- 
ings of  Thy  Holy  Spirit.  Let  harmony  prevail 
through  all  the  deliberations  and  enactments  of 
this  body,  and  grant  that  the  Constitution  about 
to  be  made  may  be  deeply  founded  in  truth  and 
equity,  and  secure  to  all  classes  of  the  inhab- 
itants of  the  new  State  their  natural,  inalien- 
able rights.  And  now,  oh  Lord  our  God,  we 
commend  to  Thy  guardian  care  our  bleeding 
country.  We  thank  Thee  for  Thy  goodness  in 
rearing  and  thus  far  preserving  our  nation. 
We  confess  that,  as  a  people,  we  have  wanderetS 
far  from  Thee.  We  have  neglected  Thy  word 
and  Thy  sanctuary.  We  have  not  heard  the 
cry  of  the  poor  and  of  the  oppressed.  We  have 
abused  Thy  mercies — have  grown  proud,  and 
have  trusted  in  our  own  wisdom  and  strength. 
Forgive  us.  oh  Lord,  all  our  sins;  cleanse  our 
nation  from  every  iniquity,  and  use  it  as  a 
chosen  instrument  for  good  in  all  coming.ages. 
AVe  ask  that  thou  will  abundantly  ))less  all  in 
authority  over  us,  especially  the  President  of 
these  United  States,  his  Cabinet,  and  the  heads 
of  all  the  departments  of  our  Government ; 
grant  to  watcli  over  them,  and  to  give  them 
wisdom  and  strength  to  enable  them  to  dis-. 
charge  every  duty  faitlifully  and  in  Thy  fear. 
Remem])er  in  merciful  kindness  our  armies  and 
our  navy  ;  guide  their  generals  and  officers,, 
and  guard  and  sustain  all  under  thr-ir  author- 
ity. In  the  hour  of  battle  be  thou  their  shield 
and  defence  ;  give  them  victory,  and  crown 
their  efforts  to  sustain  this  great  nation  and  to 
restore  peace  with  success.  Bless  the  wounded, 
the  sick,  the  destitute,  the  suffei;ing,  and  the  be- 


2d  day.] 


TEMPORARY  ORGANIZATION. 


Tuesday,]      Collins — Ball— Sturtevant — Gibson — Nourse — Chapin — Frizell.       [July  5th. 


reaved  ;  bind  up  every  broken  heart,  and  supply 
the  wants  of  all  the  needy.  "We  pray  for  our  en- 
emies ;  show  them,  oh  Lord,  the  wickedness  of 
their  rebellion  ;  lead  them  to  repentence,  and 
pardon  their  great  siu;  overcome  evil  with  good 
Cause  "  the  wrath  of  man  to  praise  Thee,  and 
the  remainder  of  wrath  restrain."  Grant  that 
the  hour  may  hasten  on  when  righteousness  and 
peace  shall  prevail  in  all  our  borders.  Bless 
the  nations  of  the  earth  ;  send  abroad  the  light 
of  Thy  word  ;  regenerate,  purify,  and  ennoble 
all  the  masses  of  our  race,  and  fill  the  world 
with  a  knowledge  of  Thy  name.  Hear  our 
prayer ;  mould  our  characters,  and  ever  let  the 
light  of  Thy  love  abide  upon  us  in  all  its  ful- 
ness and  richness  ;  and  to  Thy  name,  Father, 
Son,  and  Holy  Spirit,  be  all  the  praise,  world 
without  end.     Amen. 

COMMITTEE  ON  CREDENTIALS. 

Mr.  COLLINS.  I  move  that  the  Chair  ap- 
point a  committee  of  three,  on  Credentials,  to 
report  at  the  next  meeting. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

The  PRESIDENT  pro  tern,  appointed  as  such 
committee,  Messrs.  Collins,  Johnson,  and  Ken- 
nedy. 

ADJOURNMENT. 

Mr.  BALL.  I  move  that  the  Convention  now 
adjourn  till  to-morrow  at  ten  o'clock,  A.  M.,  in 
order  that  Ave  may  participate  in  the  celebra- 
tion of  Independence  Day. 

Mr.  STURTEVANT.  I  move  to  amend  that 
motion  so  as  to  adjourn  to  meet  to-morrow,  at 
twelve  o'clock.  I  think  most  of  the  members 
will  agree  with  me  that  we  are  likely  to  be 
somewhat  sleepy  to-morrow  morning,  after  the 
festivities  and  fantastics  of  the  day. 

Mr.  GIBSON.  I  am  in  favor  of  that  amend- 
ment. It  will  give  time  for  members  to  get 
here  who  are  now  absent.  The  Esmeralda 
members  probably  will  not  arrive  before  twelve 
o'clock.  The  stage  does  not  get  in  before  that 
hour. 

Mr.  BALL.  I  insist  on  my  motion.  I  did 
not  come  down  here  to  attend  balls,  and  par- 
ties, and  get  sleepy,  but  to  work.  I  came  here 
for  business. 

Mr.  TOZER.     I  hope  the  motion  will  prevail. 

Mr.  NOURSE.  I  move  to  amend  the  amend- 
ment so  as  to  meet  at  one  o'clock.  It  seems  to 
me  that  the  hour  should  be  either  ten  or  one, 
because  twelve  o'clock  is  the  usual  hour  for 
lunch. 

Mr.  CHAPIN.  I  think  the  gentleman  from 
Washoe,  (Mr.  Nourse,)  is  correct.  If  we  do 
not  meet  at  ten  o'clock,  we  should  defer  it  till 
one. 

Mr.  STURTEVANT  accepted  Mr.  Nourse's 
amendment. 

Mr.  FRIZELL.  I  suggest,  before  this  motion 
to  adjourn  is  put,  that  we  shall  be  adjourning 
without  finishing  our  business  properly.  It 
seems  to  me  that  we  ought  to  appoint  a  com- 
mittee on  permanent  organization. 


Mr.  CHAPIN.  Oh,  I  think  not.  I  would 
not  do  that  when  there  is  so  small  a  number  of 
members  present. 

The  PRESIDENT  pro  tern.  The  question  is 
on  the  motion  to  adjourn. 

Messrs.  DeLONG  and  FITCH  suggested  that 
the  question  should  be  taken  on  the  shortest 
time  first ;  which  was  agreed  to. 

The  question  was  taken  on  Mr.  Ball's  motion, 
that  the  Convention  adjourn  until  ten  o'clock, 
A.  M.,  to-morrow  ;  and  it  was  agreed  to,  upon 
a  division — ayes,  12  ;  noes,  (i. 

Accordingly,  at  thirty  minutes  after  ten 
o'clock,  A.  M.,  the  Convention  adjourned. 


SECOND  DAY. 

Carson,  July  5,  1864. 

The  Conventionmet  pursuant  to  adjournment, 
and  was  called  to  order  at  twenty-five  minutes 
before  eleven  o'clock,  by  the  President  pro  teni. 

Prayer  was  offered  by  the  Rev.  E.  F.  White. 

The  roll  was  called,  and  twenty-eight  mem- 
bers were  present,  viz  : — 

Mef^srs.  Ball,  Banks,  Belden,  Brady,  Brosnan, 
Chapin,  Collins,  Crawford,  Crosman,  DeLong, 
Earl,  Fitch,  Frizell,  Folsom,  Gibson,  Hawley, 
Hovey,  Hudson.  Johnson,  Kennedy,  Kinkead, 
Lockwood,  Murdock,  Nourse,  Proctor,  Sturte- 
vant, Tagliabue,  and  Tozer. 

The  journal  of  yesterday  was  read  and  ap- 
proved. 

CREDENTIALS. 

Mr.  COLLINS  submitted  the  following  re- 
port :— 

Your  Committee  on  Credentials  beg  leave  to  report 
the  following  list  of  delegates,  as  returned  by  the  sev- 
eral County  Clerks  to  the  Secretary  of  the  Territory. 
There  are  several  counties  that  have  made  no  returns, 
or  at  least,  none  have  been  handed  to  the  committee. 
The  following  is  the  Ust  of  delegates  returned : — 


Lander  County, . . 
Humboldt  County, 

Oniisby  County, . . 


Storey  County,. 


Nye  County, 

Douglas  County,.. 
Churchill  County, 


J.  H.  Warwick, 

R.  H.  Williams, 

E.  A.  Morse. 
(  James  A.  Banks, 
]  E.  F.  Dunn, 
( WUliam  Henry  Jones, 
f  J.  Neely  Johnson, 
I  A.  J.  Lockwood, 
\  J.  H.  Kinkead, 
I  Israel  Crawford, 
\  George  L.  Gibson. 

John  A.  CoUins, 

Charles  E.  DeLong, 

Lloyd  FrizeU, 

Samuel  A.  Chapin, 
)  Thomas  Fitch, 
1  Josiah  Earl, 
I  Nath'l  A.  H.  Ball, 

Charles  W.  Tozer, 
I  Alinon  Hovey, 
( Cornelius  M.  Brosnan, 
( Frank.  Tagliabue, 
( F.  M.  Proctor. 
( Albert  T.  Hawley, 
\J.  W.  Haines. 
.  .Nelson  E.  Murdock, 


PERMANENT  ORGANIZATION. 


[2d  day. 


Tuesday,] 


Stcrtevant — Chapin — Johnson — Collins — Crosman — Tozer. 


[July  5. 


Lyon  County,. 


{Frank.  H.  Kennedy, 
George  A.  Hudson, 
J.  S.  Crosman, 
H.  G.  Parker. 
1  George  A.  Noiirse, 
W.  W.  Belden, 
H.  B.  Brady, 
James  H.  Sturtevant, 
[  G.  N.  Folsom. 
C  William  Wetherill, 
B.  S.  Mason, 

Esmeralda  County, <  J.  G.  McClintou, 

( D.  Wellington. 

All  of  which  is  respectfully  submitted. 

J.  A.  COLLINS,  Chairman. 

On  motion  of  Mr.  CHAPIN,  the  report  was 
received  and  the  committee  discharged. 

On  motion  of  Mr.  CRAWFORD,  the  report 
was  adopted. 

OATU  OF  OFFICE. 

Mr.  STURTEVANT.  I  move  now,  Mr.  Pres- 
ident, that  we  proceed  to  a  permanent  organi- 
zation of  ihe  Convention,  by  the  election  of  a 
President,  and  other  officers. 

Mr.  CHAPIN.  Before  that  motion  is  put,  I 
suggest  that  the  oath  be  administered  to  the 
members. 

Mr.  JOHNSON.  Judge  Wright.  Probate 
Judge  of  this  County,  is,  I  understand,  in  the 
adjoining  room,  and  as  he  is,  probably,  the 
highest  judicial  authority  now  at  the  capital, 
it  would  be  proper,  I  think,  to  invite  him  to 
administer  the  oath. 

Mr.  CHAPIN.  Very  well  ;  I  move  that  a 
committee  of  three  be  appointed  to  wait  upon 
Judge  Wright,  and  request  him  to  attend  and 
administer  the  oath  of  office  to  the  members. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

The  PRESIDENT  pro  tern,  appointed  as  such 
committee,  Messrs.  Chapin,  Hudson,  and  Gib- 
son. 

The  committee  retired,  and  immediately 
thereafter  returned,  accompanied  by  Judge 
Wright. 

Mr.  JOHNSON.  I  think  we  had  better  in- 
form our.selves,  if  we  are  not  already  advised, 
as  to  what  oath  should  be  administered.  My 
own  memory  is  at  fault  at  th(;  present  moment, 
in  respect  to  the  Enabling  Act,  but  I  suppose,  il 
there  is  nothing  in  regard  to  the  oath  in  that 
act,  that  we  shall  have  to  resort  to  that  form  of 
oatii  which  was  prescril)ed  for  all  public  offi- 
cers by  Act  ot  Congress,  passed  some  two  years 
since,  rather  than  to  the  one  prescribed  by  the 
laws  of  the  Territory. 

Mr.  COLLINS.  I  think  the  Eiiaijliug  Act  is 
silent  upon  tbe  subject.  I  suggest  that  Gov- 
ernor .Johnson  procure  a  copy  of  the  oath  pre- 
scribed by  Congress,  if  he  has  one. 

Mr.  JOHNSON.  I  think  I  can  procure  it  in  a 
moment. 

Mr.  STURTEVANT.  I  do  not  know  but  it 
would  expedite  matters  to  administer  the  old 
oath  and  the  new  one  too  ;  the  new  one  is  very 
strong,  and  if  the  old  one  is  stronger  it  will 
not  hurt  us  any. 


After  a  few  moments'  delay,  Mr.  Johnson  re- 
turned with  a  copy  of  the  oath  prescribed  by 
Congress?,  in  18C2. 

The  members  of  the  Convention  rose,  and 
Judge  W'right  administered  the  oath  in  the  fol- 
lowing words  : — • 

You  and  each  of  you  do  solemnly  swear,  that  you  have 
never  voluntarily  borne  arms  against  the  United  States 
since  you  have  been  citzeus  thereof  ;  that  you  have  vol- 
iintarily  given  no  aid,  countenance,  counsel,  or  encour- 
agement to  persons  engaged  in  armed  hostility  thereto ; 
that  you  have  neither  sought  nor  accepted,  nor  at- 
tempted to  exercise  the  functions  of  auy  office  what- 
ever, under  any  authority,  or  pretended  authority  in 
hostility  to  the  llnited  States;  that  you  have  not  yielded 
a  voluntary  support  to  auy  pretended  government, 
authority,  power,  or  constitution  within  the  United 
States,  hostile  or  inimical  thereto.  And  you  do  further 
swear,  that  to  the  best  of  your  knowledge  and  ability 
you  will  suijjjort  and  defend  the  Constitution  of  the 
United  States  against  all  enemies,  foreign  and  domestic; 
that  you  will  bear  true  faith  and  allegiance  to  the  same ; 
that  yovi  take  this  obhgation  freely,  without  any  mental 
reservation  or  purpose  of  evasion  ;  and  that  you  will 
well  and  faithfully  discharge  the  duties  of  the  office  on 
which  you  are  about  to  enter — So  help  you  God. 

The  above  oath  having  been  transcribed  by 
the  Secretary,  was  subscribed  by  the  members 
present. 

permanent  organization. 

Mr.  CROSMAN.  I  now  renew  the  motion 
to  proceed  to  the  election  of  permanent  officers. 

Mr.  JOHNSON.  It  has  been  suggested 
that  another  member  has  arrived  since  the 
oath  was  administered — Mr.  H.  G.  Parker,  of 
Lyon  County — I  propose  that  he  be  sworn  in 
now. 

Mr.  PARKER  come  forward,  was  sworn,  and 
took  his  seat  as  a  member  of  the  Convention. 

Mr.  STURTEVANT.  I  renew  the  motion  to 
proceed  to  a  permanent  organization  by  the 
election  of  permanent  officers. 

Mr.  CHAPIN.  I  hope  the  gentleman  will 
define  the  motion  more  clearly  ;  if  he  will  say 
for  the  election  of  President  and  Secretary,  we 
shall  then  be  in  working  condition,  and  can 
proceed  to  the  election  of  subordinate  officers 
afterwards. 

Mr.  STURTEVANT.  I  do  not  know  what  the 
objection  is  to  going  on  now  with  the  election 
of  all  the  officers,  from  the  commencement ;  I 
would  like  to  finish  it  up. 

Mr.  TOZER.  I  hope  the  gentleman  from 
Washoe,  (Mr.  Sturtevant),  will  accept  the 
amendment  suggested  by  my  colleague.  If  we 
elect  a  President  and  Secretary,  we  can  then 
proceed  to  dclerniine  what  other  officers  we 
shall  require,  what  tueir  compensation  shall  be, 
etc. ;  by  proceeding  to  ulect  officers  promiscu- 
ously, we  might  get  more  officers  than  we  want, 
or  not  so  many  as  we  ought  to  have. 

Mr.  STURTEVANT.  Then  I  will  amend  my 
motion  so  as  to  lie,  that  we  proceed  to  a  per- 
manent organization  of  the  Convention,  by  the 
election  of  a  President  and  Secretary. 

Mr.  CliOS.MA-N.  How  are  we  to  elect  offi- 
cers ? —  Viva  voce? 

Mr.  HAWLEY.     There  is  known  to  be  more 


2d  day.] 


PERMANENT  ORGANIZATION. 


Tuesday,]   Crosmax — Fitch— Sturtevant—Chapin — Kennedy — Collins — Johnson.   [July  5th. 


than  one  candidate  for  Secretary,  and  as  the 
votinf!^  may  be  pretty  even,  I  think  it  would  be 
equally  as  expeditious  to  vote  by  ballot. 

Mr.  CROSMAN.  I  suppose  the  first  thing  in 
order  will  be  nominations  for  President,  and  I 
think  there  will  be  no  objection  to  electing  that 
officer  by  acclamation.  I  move  that  we  pro- 
ceed to  the  election  of  a  President  viva  voce. 

Mr.  FITCH.  If  there  is  only  one  candidate 
for  President,  I  have  no  objection  ;  but  for  the 
other  ofBcprs.  I  should  be  opposed  to  it. 

Mr.  STURTEVANT  accepted  Mr.  Crosman's 
amendment. 

The  question  was  taken  on  the  motion  as 
modified,  and  it  was  agreed  to. 

ELECTION    OF    PRESIDENT. 

The  PRESIDENT  pro  tern.  Nominations  are 
in  order  for  President. 

Mr.  CHAPIN.  I  have  the  honor  of  submitting 
the  name  of  the  Hon.  John  A.  Collins,  of  Storey 
County,  as  a  candidate  for  President. 

Mr.  KENNEDY.  I  have  the  honor  to  place 
in  nomination  the  Hon.  J.  Neely  Johnson,  of 
Ormsby  County. 

Mr.  COLLINS.  Mr.  President,  I  would  re- 
turn my  thanks  to  my  friend  and  colleague,  for 
presenting  my  name  to  this  Convention  for  so 
honorable  a  position  ;  but  I  beg  leave  to  decline 
the  nomination,  and  will  with  great  pleasure 
second  the  nomination  of  my  friend  J.  Neely 
Johnson,  and  I  move  that  we  elect  him  as  Pres- 
ident of  this  Convention  by  acclamation. 

The  question  was  taken,  and  the  motion  was 
agreed  to  unanimonslv- 

J.  NEELY  JOHNSON  was  thereupon  de- 
clared elected  President  of  the  Convention. 

Mr.  STURTEVANT  moved  the  appointment 
of  a  committee  of  three  to  conduct  the  Presi- 
dent elect  to  the  chair. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Messrs.  Sturtevant,  Frizell,  and  Kinkead 
having  been  appointed  as  such  committee,  con- 
ducted the  President  elect  to  the  chair. 

REMARKS    OF    THE    PRESIDENT. 

Mr.  JOHNSON,  on  taking  the  chair  as  Pres- 
ident, said  : — 

Gentlemen  of  the  Contention  :  I  do  not 
propose  to  make  this  the  occasion  of  any  ex- 
tended remarks,  as  I  feel  well  assured  that  it  is 
your  desire  to  enter  at  once  upon  the  more  im- 
portant duties  which  have  called  us  together. 
For  this  evidence  of  your  partiality  and  confi- 
dence in  selecting  me  by  the  unanimous  voice 
of  the  Convention  to  preside  over  its  delibera- 
tions, you  have  my  sincere  thanks,  and  it  shall 
be  my  constant  endeavor  to  execute  the  duties 
of  the  position  with  strict  impartiality,  and 
with  a  just  sense  of  their  great  responsibility 
and  importance.  But,  gentlemen,  whatever  of 
rules  you  may  adopt  for  our  government,  or 
however  earnest  and  faithful  may  be  your  pre- 
siding officer  in  their  enforcement,  yet  are  we 
chiefly  dependent  upon  the  action  of  each  in- 


dividual member  that  our  deliberations  may  be 
harmonious,  and  efiSciency  charactize  the  labors 
of  the  Convention,  and  with  confidence  I  shall 
rely  upon  your  aid  and  assistance,  so  that  our 
proceedings  may  be  marked  with  all  the  dig- 
nity and  decorum  befitting  an  assemblage  of 
men  convened  for  such  a  noble  purpose  as  the 
present. 

In  conclusion,  I  may  be  permitted  to  add, 
that,  in  view  of  the  provisions  of  the  "  Ena- 
bling Act,"  authorizing  the  meeting  of  this 
Convention,  we  have  a  great  and  important 
duty  to  perform,  both  to  the  nation  and  to  the 
people  we  represent.  TheCongress  nf  theUnited 
States  has  made  most  liberal  and  beneficial 
concessions  to  us  in  providing  for  the  forma- 
tion of  our  new  State,  and  the  circumstances 
which  surround  us  augur  most  favorably  for 
the  speedy  establishment  here  of  a  State  gov- 
ernment. You,  as  the  representatives  of  the 
people,  come  directly  from  their  midst,  and 
know  their  essential  wants  and  requirements  in 
framing  a  Constitution  and  form  of  govern- 
ment for  them  ;  and  when  you  have  incorporated 
in  that  instrument  those  needs,  no  longer  can  a 
possible  doubt  arise  but  that  the  Constitution 
thus  framed  will,  at  the  next  September  elec- 
tion, be  endoised  and  ratified  by  an  overwhelm- 
ing majority  of  the  popular  vote,  and  thence- 
forth Nevada  will  be  numbered  among  the 
States  of  the  Federal  Union.  That  this  may  be 
the  result  of  our  labors  is  my  most  earnest 
wish  and  hope.     [Applause.] 

ELECTION    OF   SECRETARY. 

On  motion  of  Mr.  CHAPIN,  the  Convention 
proceeded  to  the  election  of  a  Secretary. 

Mr.  CROSMAN.  I  take  pleasure  in  placing 
before  the  Convention,  for  the  office  of  Secre- 
tarv,  the  nami'  of  R.  G.  Clark. 

Mr.  STURTEVANT.  I  place  in  nomination 
for  Secretary  of  the  Convention,  the  name  of 
Hon.  William  Martin  Gillespie.  Gentlemen  are 
aware  that  he  has  had  some  experience  in  that 
capacity. 

There  being  no  further  nominations  the  Con- 
vention proceeded  to  ballot  for  a  Secretary, 
and  with  the  following  result : 

For  Mr.  Gillespie. — Messrs.  Ball,  Brosnan, 
Brady,  Chapin,  Collins,  Folsom,  Gibson,  Hud- 
son, Hawley,  Hovey,  Kennedy,  Lockwood, 
Nourse,  Parker,  Sturtevant.  Tozer,  and  Mr.  Pres- 
ident—17. 

For  Mr.  Clark. — Messrs.  Banks,  Belden,  Cros- 
man,  Crawford,  DeLong,  Earl,  Fitch.  Frizell, 
Kinkead,  Murdock.  Proctor,  and  Tagliabue — 12. 

WILLIAM  MARTIN  GILLESPIE  having 
received  a  majority  of  votes,  was  declared  elect- 
ed Secretary  of  the  Convention. 

OTHER  OFFICERS. 

Mr.  STURTEVANT.  I  now  move  that  we 
proceed  to  elect  a  Sergeant-at-Arms  in  the 
same  manner,  and  such  other  officers  as  the 
Convention  shall  see  fit  to  elect ;  one  at  a  time 
to  be  placed  in  nomination  and  voted  for. 


UNITED  STATES  CONSTITUTION, 


[2d  day. 


Tuesday,] 


Hawlet — Sturtevant — Ball — Collins — Kinkead — Chapin. 


[July  5th. 


Mr.  HAWLEY.  I  think  the  gentleman  had 
better  make  it  a  little  more  definite — one  feer- 
geant-at-Arms.  and  perhaps  two  pages,  and  a 
porter.     I  think  that  is  all  we  sliall  require. 

Mr.  STURTEVANT.  I  will  make  the  motion 
to  elect  a  Sergeant-at-Arms  and  let  it  go  at 
that  ;  though  I  think  it  more  than  likely  that 
we  shall  require  some  one  to  keep  the  room 
clean,  etc. 

Mr.  BALL.  I  suppose  we  shall  take  a  recess 
very  soon,  for  an  hour  ;  if  the  gentleman  will 
allow  me.  I  will  make  this  motion — That  a  com- 
mittee of  three  be  appointed,  to  report  one 
hour  hence,  what  additional  officers  of  the  Con- 
vention are  needed,  and  what  their  compensa- 
tion shall  be. 

Mr.  DeLONG.  And  who  will  pay  it  ?  [Laugh- 
ter.] 

Mr.  BALL.  We  shall  then  elect  persons  who 
will  fully  understand  what  compensation  they 
are  to  receive,  and  what  duties  they  are  to  per- 
form. In  the  last  Convention  there  was  no 
cmpensation  fixed  until  near  the  close,  and  I 
think  we  spent  nearly  the  whole  of  one  day  in 
arranginsr  the  matter  of  compensation. 

Mr.  STURTEVANT.  I  will  withdraw  my 
motion. 

Mr.  BALL.  Then  I  make  the  motion  I  have 
suggested  for  the  appointment  of  a  committee 
of  three,  to  report  what  officers  are  necessary, 
and  to  fix  the  compensation  of  all  the  officers, 
as  well  those  already  elected  as  those  to  be 
elected. 

ADOPTIOX   OF  THE  UNITED  STATES  COXSTITUTIOX. 

Mr.  COLLINS.  I  think,  by  referring  to  the 
Enabling  Act,  we  shall  find  that  we  have  some- 
thing to  do  previous  to  acting  upon  the  motion 
that  is  now  before  the  house.  By  Section  4  of 
the  Enabling  Act,  Congress  impose.s  a  certain 
duty  upon  the  members  of  the  Convention  im- 
mediately after  its  organization.  By  the  elec- 
tion of  a  President  and  a  Secretary,  I  believe 
the  body  is  now  permanently  organized,  and 
therefore,  with  the  permission  of  the  chair,  I 
will  read  that  portion  of  the  Section  to  which  I 
refer  : — 

Section  4.  And  be  it  furtlicr  enacted  :  That  the  mem- 
bers of  the  Convention  thus  elected  shall  meet  at  the 
Capitol  of  said  Territory  on  the  first  Monday  in  July 
next,  and  after  organization,  shall  declare  on  behalf  of 
the  people  of  said  Territory,  that  they  adopt  the  Con- 
stitution of  the  United  States. 

It  occurs  to  me  now,  that  before  we  proceed 
to  any  other  business,  we  ought  to  perform  this 
duty. 

Air.  BALL.  I  withdi-aw  my  motion  tempo- 
raraily. 

Mr.  COLLINS.  As  that  motion  has  been  with- 
drawn. I  will  read  a  preamble  and  resolution 
which  I  have  drawn  up  with  a  view  to  meet  the 
requirements  of  this  occasion. 

AVheheak,  Tlic  act  of  Confjross,  approved  March  12, 
18G4,  "  to  euabli-  tin-  jiooplc  of  tlic  Territory  of  Nevada 
to  form  a  Constitiitinn  and  State  (iovernment,  and  for 
the  admission  of  kiuIi  State  into  the  Union  on  an  equal 
looting  witli  the  original  States, "  requires  that  the  mem- 
bers of  the  Convention  for  forming  said  Constitution, 


shall,  after  organization,  on  behalf  of  the  people  of  said 
Territory,  adopt  the  Constitution  of  the  United  States ; 
therefore,  be  it 

Hesolved,  That  the  members  of  this  Convention, 
elected  by  the  authority  of  the  aforesaid  Enabling  Act 
of  Congress,  assembled  in  Carson,  the  capital  of  said 
Territory  of  Nevada,  and  immediately  subsequent  to 
its  organization,  do  adopt,  on  behalf  of  the  people  of 
said  Territory,  the  Constitution  of  the  United  States. 

The  question  was  taken  on  the  adoption  of 
the  preamble  and  resolution  as  read,  and  they 
were  unanimously  adopted. 

RULES  AND  ORDER  OP  BUSINESS. 

Mr.  COLLINS  offered  the  following  resolu- 
tion, which  was  read : — 

Resolved,  That  a  committee  of  three  be  appointed  by 
the  President,  to  report  rules  for  the  government  of 
this  Convention. 

Mr.  KINKEAD.  Let  me  suggest  that  the 
gentleman  include  in  the  same  resolution,  the 
order  of  business. 

Mr.  COLLINS.  I  would  prefer  a  separate 
resolution,  and  a  separate  committee.  I  think 
the  question  of  rules  will  occupy  all  the  time 
of  one  committee  during  the  recess. 

Mr.  CHAPIN.  I  hope  the  resolution  will  be 
made  to  cover  the  whole  sulyect,  and  I  would 
suggest  also,  that  there  be  a  committee  of  five, 
as  the  business  is  of  considerable  importance. 

Mr.  COLLINS.  Very  well;  I  will  accept 
the  amendment,  and  make  it  a  committee  of 
five  on  rules  and  order  of  business. 

The  Secretary  read  the  resolution  as  modi- 
fied :— 

Resolved,  That  a  committee  of  five  be  appointed  by 
the  President,  to  report  standing  rules,  and  order  of 
business  for  the  government  of  this  Convention. 

The  question  was  taken,  and  the  resolution 
was  adopted. 

The  PRESIDENT  appointed  as  the  commit- 
tee under  the  resolution,  Messrs.  Collins,  Banks, 
Sturtevant,  DeLong,  and  Kennedy. 

PERMANENT  ORGANIZATION — AGAIN. 

Mr.  BALL  oflTered  the  following  resolution  : — 

Resolved,  That  a  committee  of  three  be  appointed  by 
the  Chair,  to  report  the  various  subordinate  offices  to 
be  filled  by  this  Convention,  and  to  13  x  their  compensa- 
tion, as  well  as  the  compensation  of  the  officers  elected. 

Mr.  COLLINS.  I  would  inquire  whether 
that  last  sentence  does  not  embrace  our  Presi- 
dent.    [Laugh  tor.] 

The  PRESIDENT.  I  hope  the  gentleman 
will  "  let  me  out."     [Laughter.] 

Mr.  BALL.  1  think  it  will  be  very  easy  to 
fix  that. 

Mr.  COLLINS.  1  move  to  amend  the  reso- 
lution l)y  striking  out  the  word  "  officers,"  and 
inserting  the  word  "  Secretary." 

Mr.  BALL.     I  will  accept  that  amendment. 

Mr.  KINKEAD.  I  suggest  a  further  amend- 
ment ;  to  strike  out  "  three,"'  and  insert"  five." 

Mr.  BALL.  I  have  no  objection  to  making 
it  five. 

The  resolution  was  read  as  modified  : — 

Resolved,  That  a  committee  of  five  be  appointed  by 
the  Chair,  to  report  the  various  subordinate  offices  to 


2d  day.] 


RULES  OF  THE  CONVENTION. 


Tuesday,]  Bbosnan — Gibson — President — Orion  Clemens— Sturtetant — Collins.  [July  5th. 


be  filled  by  this  Convention,  and  to  fix  their  compensar 
tion,  as  weU  as  the  compensation  of  the  Secretary  elect. 

The  question  was  taken,  and  the  resolution 
was  adopted. 

The  PRESIDENT  appointed  as  the  commit- 
tee under  the  resolution,  Messrs.  Ball,  Chapin, 
Tagliabue,  Tozer,  and  Murdock. 

Mr.  BROSNAN.  I  move  that  the  Committee 
on  Rules  and  Order  of  Business  be  instructed 
to  report  this  afternoon.  I  apprehend  that  they 
will  have  time  to  do  that,  and  the  sooner  we 
get  to  work,  the  better.  If  it  is  necessary  to 
have  rules  and  order  of  business  at  all,  they 
should  be  adopted  at  once. 

Mr.  CHAPIN.  I  hope  that  will  be  done,  so 
that  we  may  get  to  work,  and  that  when  we  ad- 
journ, it  will  be  to  meet  at  two  o'clock,  so  as 
to  give  the  committee  time  enough. 

The  question  was  taken  on  Mr.  Brosnan's 
motion,  and  it  was  agreed  to. 

On  motion  of  Mr.  CHAPIN,  the  Convention 
took  a  recess  until  two  o'clock,  P.  M. 


AFTERNOON  SESSION. 

The  Convention  reassembled  at  two  o'clock, 
and  was  called  to  order  by  the  President. 

seats  of  members. 

Mr.  GIBSON  called  attention  to  the  matter 
of  the  seats  of  members,  and  said,  so  far  as 
the  members  of  the  Ormsby  delegation  were 
concerned,  they  were  satisfied  with  the  seats 
they  then  occupied,  which  wei-e  the  same  as 
they  had  in  the  Convention  of  last  fall.  If 
other  gentlemen,  however,  desired  it,  they 
would  be  willing  to  draw  for  seats,  or  to  give 
up  their  seats  to  any  gentlemen  who  preferred 
them.  He  thought  there  should  be  some  ar- 
rangement, or  understanding,  and  all  he  desired 
was  to  have  the  delegations  from  the  respective 
counties  sit  together. 

Mr.  FITCH  said  the  delegation  from  Storey 
was  composed  of  very  litigious  materials,  and 
he  suggested  they  had  better  be  scattered 
around  among  the  others.     [Laughter.] 

Several  members  expressed  themselves  satis- 
fied with  their  present  seats,  and  no  action  was 
taken  upon  the  subject. 

Messrs.  E.  F.  DUNNE  of  Humboldt,  and  "WIL- 
LIAM WETHERILL  of  Esmeralda  appeared, 
and  presented  their  credentials ;  the  official  oath 
was  administered  to  them  by  Judge  Wright, 
and  having  subscribed  the  same,  they  took  their 
seats  as  members  of  the  Convention. 

STATIONERY. 

The  PRESIDENT.  It  is  well  known  to  you 
all  that  no  provision  has  been  made,  either  by 
Congress  or  by  the  Legislature  of  this  Territo- 
ry, for  the  payment  of  the  expenses  of  this  Con- 
vention ;  but  there  are  some  expenses  which 
will  necessarily  have  to  be  borne  in  some  way, 
such  as  stationery,  &c.  The  Secretary  of  the 
Territory  has  been  kind  enough  to  suggest  to 
members  of  the  Convention  that  he  will  furnish 


them,  from  the  supply  he  has  on  hand,  with 
such  stationery  as  is  necessary.  It  is  an  act 
of  liberality,  to  say  the  least,  on  his  part, 
which  I  have  no  doubt  the  Convention  will 
fully  appreciate.  He  takes  the  responsibility 
of  so  doing  without  any  authority  of  law,  in 
order  to  aid  us  as  far  as  possible  in  our  labors  ; 
and  I  trust  that  members  will  see  the  import- 
ance of  practicing  all  possible  economy  in  the 
use  of  stationery,  as  tlse  supply  is  very  limited. 
As  the  Secretary  of  the  Territory  is  present, 
he  will  state  to  the  Convention  what  he  can 
furnish,  and  his  position  in  the  matter. 

Mr.  ORION  CLEMENS  (the  Territorial  Sec- 
tary.) As  the  President  has  stated,  there  is  no 
provision  made  by  the  Legislature  or  by  the 
United  States  Government  for  stationery  for 
the  Convention,  and  the  only  fund  under  my 
control  is  the  Legislative  fund,  which  comes  to 
me  with  specific  instructions  as  to  the  items  for 
which  I  am  to  use  it,  such  as  per  diem  and  mile- 
age of  members  and  officers  of  the  Legislative 
Assembly  and  other  matters,  which  are  men- 
tioned in  my  instructions.  I  have  thought, 
however,  in  view  of  the  exigencies  of  the  case, 
that  I  might  furnish  the  members  of  the  Con- 
vention with  so  much  of  the  stationery  which  I 
have  on  hand,  that  they  could  get  along  with- 
out serious  inconvenience.  I  will  furnish  them 
with  paper,  pens,  ink,  and  envelops  so  far  as 
they  may  be  required.  I  would  willingly  do 
more,  but  gentlemen  will  see  that,  under  the 
circumstances,  it  is  out  of  my  power. 

Mr.  STURTEVANT.  I  am  not  experienced 
in  these  things  called  conventions,  but  I  sup- 
pose we  will  have  a  regular  routine,  and  com- 
mittees to  take  charge  of  all  these  matters,  to 
be  appointed  by  the  President.  There  will 
necessarily  be  some  expenses,  and  I  suppose  the 
proper  committee  will  make  a  recommenda- 
tion to  the  next  Legislature  to  make  an  apjjro- 
priation  for  their  payment. 

RULES    AND    ORDER    OP    BUSINE.SS. 

Mr.  COLLINS,  from  the  Committee  on  Rules 
and  Order  of  Business,  presented  the  following  : 

The  Committee  appointed  to  report  the  Order  of 
Business  and  Rules  for  the  government  of  this  Con- 
vention, beg  leave  to  submit  the  following  report : — 

OKDER   OF   BUSINESS. 

1—  Calling  the  Convention  to  order. 

2— Calling  the  roU. 

3 — Prayer. 

4 — Reading  the  journal  of  the  preceding  day. 

5 — Reports  of  Standing  Committees. 

6 — Reports  of  Special  Committees. 

7 — Motions  and  resolutions. 

8 — Seeond  reading  and  reference  of  resolutions. 

9 — General  file. 

RULES. 

Adopt  as  far  as  aijplicable  for  the  government  of  this 
Convention  the  Rules  of  the  House  of  Representatives 
of  the  third  session  of  the  Legislature  of  Nevada  Ter- 
ritory, and  Jefferson's  Manual  in  matters  to  which 
the  rules  of  said  Legislature  may  not  apply. 

All  of  which  is  respectfully  submitted. 

JOHN  A.  COLLINS,  Chairman. 

Accompanying  the  report  was  a  copy  of  the 
rules  of  the  House  of  Representatives  of  the 
third  Legislature. 


PERMANENT  ORGANIZATION. 


[2d  day. 


Tuesday,]        Fitch — Gibson — Ball — Collins — Cbosman — Stcrtevant — CflAPm.       [July  5th. 


Tlie  PRESIDENT.  If  these  rules  are  to  be 
adopted  I  suppose  the  word  "  President  "  is  te 
be  substituted  for  "  Speaker  "  wherever  it  oc- 
curs. 

Mr.  FITCH.  I  do  not  see  how  we  can  well 
get  along  under  these  rules  without  each  mem- 
ber being  furnished  with  a  copy,  and  as  there  are 
only  four  or  five  copies  to  be  had.  I  suggest 
the  propriety  of  having  them  printed. 

Mr.  GIBSON.  Mr.  Thomas  Carson,  who  is 
present,  states  that  he  thinlis  he  can  find  over 
a  hundred  copies,  which  were  printed  for  the 
last  Legislature,  and  left  over. 

Mr.  BALL  moved  that  the  report  be  received 
and  the  Committee  discharged,  which  was 
agreed  to. 

The  question  recurred  on  the  adoption  of  the 
report. 

Mr.  COLLINS.  In  the  rules  of  the  third 
Legislature  the  words  "Speaker  "  and  "  Clerk'" 
occur  very  frequently.  I  move  to  substitute 
the  words  "  President  "  and  "  Secretary  "  in 
every  case. 

The  PRESIDENT.  A  motion  will  not  be 
necessary  to  that  effect ;  tlie  Secretary  will 
make  the  corrections,  and  it  will  be  understood 
as  being  the  report  of  the  Committee. 

The  question  was  taken  on  the  adoption  of 
the  report,  and  it  was  adopted. 

ADDITIOXAL   OFFICERS. 

Mr.  BALL,  from  the  Special  Committee  on 
Subordinate  Officers  and  their  Compensation, 
presented  the  following  report : — 

To  tlie  President  and  Members  of  the  Constitutional 
Convention:  Tour  Committee  on  Subordinate  Oificers 
and  Compensation  beg  leave  to  report:  That,  in  view 
of  a  short  session,  they  deem  it  advisable  that  an  As- 
sistant Secretary  be  employed,  and  that  enroUing  and 
engrossing  clerks  be  specially  appointed  when  they 
may  be  needed  at  the  close  of  the  session.  We  recom- 
mend the  adoption  of  the  following  resolutions: 

Resoliu'd,  That  the  Convention  elect  one  Sergeant-at- 
Arms  and  Doorlteei^er,  one  Of&cial  Reporter,  one  Page, 
one  Porter,  one  Assistant  Secretary,  and  that  the  three 
resident  clergymen  of  Carson  be  requested  to  alternate 
in  opening  the  sessions  of  the  Convention  with  i>raycr. 

Resolved,  That  the  following  compensation  be  allowed 
the  otRcers  of  the  Convention : 

To  the  Secretary,  $10  per  diem. 

Assistant  Secretary,  So  per  diem. 

Sergeant-at-Arms  and  Doorkeeper,  $6  per  diem. 

Page,  $4  per  diem. 

Porter,  S4  per  diem. 

Chaplain,  $2  50  per  diem. 

Official  Reporter,  $15  per  diem,  and  thirty  cents  per 
folio  for  writing  up  his  notes;  Provided  such  notes 
shall  only  be  written  up  if  the  Constitution  framed  be 
adopted  by  the  people. 

Resolved,  That  the  President  and  Secretary  are  here- 
by instructed  to  certify  the  accounts  of  the  otJicers  of 
this  Convention  in  dupUcate — one  to  the  iirst  State 
Legislature  convened,  provided  the  Constitution 
framed  be  adopted ;  and  in  the  event  of  its  rejection 
by  the  people,  one  to  the  Territorial  Legislative  Assem- 
biy,  asking  an  appropriation  for  their  pajTuent  on  be- 
lialf  of  this  Convention. 

Mr.  CROSMAN  moved  that  the  report  be 
received  and  the  committee  discharged,  which 
was  agreed  to. 

The  question  was  on  the  adoption  of  the 
report. 

Mr.  FITCH.    From  the  reading  of  the  report 


it  appears  that  we  are  to  have  three  clergymen 
every  day. 

Mr.  BALL.  Oh,  no!  they  are  to  alternate, 
at  S2  50  each.  The  word  '•  chaplain  "  is  in  the 
singular;  not  in  the  plural. 

Mr.  STURTEVANT.  It  strikes  me  quite  for- 
cibly still  that  each  one  of  them  will  get  his 
S2  50  per  day.  There  might  be  a  row  among  the 
clergymen,  and  that  would  be  a  tiling  rather 
discreditable  to  the  town.     [Laughter.] 

The  PRESIDENT.  I  apprehend  that  there 
is  no  difficulty.  It  is  understood,  of  course, 
that  the  per  diem  is  allowed  to  those  who 
officiate,  each  in  his  regular  course. 

The  question  was  taken  on  the  adoption  of 
the  report,  and  it  was  adopted. 

ELECTION    OF   SER(iEANT-AT-AR.\IS. 

Mr.  HAWLEY  moved  that  the  Convention 
proceed  to  the  election  of  subordinate  officers, 
viva  voce ;  which  motion  was  agreed  to. 

The  PRESIDENT  announced  that  nomina- 
tions were  in  order  for  a  Sergeant-at-Arms  and 
Doorkeeper. 

Mr.  MURDOCK.  I  put  in  nomination  Thomas 
Carson,  of  Car.^on. 

Mr.  HAWLEY.    Is  it  one  officer,  or  two  ? 

Mr.  CIIAPIN.  It  is  one  ;  but  he  can  dis- 
charge all  the  duties  of  two. 

Mr.  HAWLEY.  I  move  that  we  dispense 
with  calling  the  roll,  and  elect  him  by  accla- 
mation. 

The  question  was  taken,  and  THOMAS  CAR- 
SON was  unanimously  elected  as  Sergeant-at- 
Arms  and  Doorkeeper. 

ELECTION   OF   OFFICIAL   REPORTER. 

The  PRESIDENT  announced  that  nomina- 
tions were  in  order  for  Official  Reporter. 

Mr.  CHAPIN.  I  put  in  nomination,  Mr. 
President,  Mr.  Andrew  Jackson  Marsh  ;  and  as 
there  are  no  other  nominations,  I  move  that 
the  rules  be  suspended  and  he  be  elected  by 
acclamation. 

The  question  was  taken,  and  ANDREAV  J. 
MARSH  was  unanimously  elected  Official  Re- 
porter. 

ELECTION   OF   PAGE. 

The  PRESIDENT  .said  nominations  were  in 
order  for  a  Page. 

Mr.  GIBSON.  I  put  in  nomination  George 
Richards. 

Mr.  BROSNAN.  I  would  like  to  have  the 
young  gentleman  define  his  position  on  the 
Union. 

Master  RICHARDS  (the  candidate  for  Page). 
Oh.  it  is  sound  !     [Laughter  and  applause.] 

Mr.  BROSNAN.  I  move  that  he  be  elected 
by  acclamation. 

The  question  was  taken  and  the  motion  was 
agreed  to ;  and  Master  GEORGE  RICHARDS 
was  unanimously  elected  as  Page  of  the  Con- 
vention. 

ELECTION   01'   ASSISTANT  SECRETARY. 

The  PRESIDENT  called  fiOr  nominations  for 
Assistant  Secretary. 


2d  day.] 


ADJOURNMENT  WITHOUT  DAY. 


Tuesday,] 


HOVET — KiNKEAD — ChAPIN — PRESIDENT — DuNNE — BaNKS. 


[July  5. 


Mr.  HOVEY  nominated  Andrew  Whitford. 

There  being  no  other  nomination,  under  a 
suspension  of  the  rules  ANDREW  WHITFORD 
was  unanimously  elected,  by  acclamation,  as 
Assistant  Secretary. 

ELECTION   OF   PORTER. 

Nominations  were  called  for  for  a  Porter. 

Mr.  KINKEAD  nominated  WILLIAM  E. 
SKEENE,  who  was  unanimously  elected  by 
acclamation. 

Mr.  CHAPIN.  As  the  officers  are  now  all 
elected,  I  suggest  that  Judge  Wright  be  invited 
to  come  in  and  administer  the  oath  of  office  to 
them. 

The  PRESIDENT  said  he  would  take  that 
course. 

Judge  S.  C.  Wright  came  in  immediately 
thereafter,  and  the  oath  of  office  was  taken  and 
subscribed  by  the  several  officers  of  the  Con- 
vention elected. 

Mr.  KINKEAD.  I  presume  it  Is  necessary  to 
take  some  action  in  regard  to  notifying  the 
clergymen  of  the  request  of  the  Convention 
that  they  officiate  alternately  as  Chaplains.  I 
move  that  the  Secretary  be  instructed  to  notify 
the  three  resident  clergymen  of  Carson  City 
of  the  action  of  the  Convention  in  reference  to 
the  Chaplains. 

The  question  was  taken  and  the  motion  was 
agreed  to. 

BASIS   OF   THE   CONSTITUTION. 

Mr.  CHAPIN.  I  suppose  we  are  now  ready 
to  go  to  work,  as  the  machinery  of  the  Conven- 
tion is  all  in  regular  order.  I  therefore  offer 
this  resolution  : — 

Resolved,  That  the  Constitution  adopted  by  the  late 
Convention  be  taken  as  a  basis  by  this  Convention,  and 
that  the  same  be  taken  xix>  in  Committee  of  the  Whole 
and  acted  ujion  section  by  section. 

ADJOURNMENT   WITHOUT   DAT. 

Mr.  DUNNE.  If  the  gentleman  will  permit 
me,  I  have  a  resolution  which  I  wish  to  ofter, 
and  which  I  think  comes  more  properly  before 
the  one  he  has  presented.  It  will  take  but  a 
moment  to  act  upon  it,  and  I  will  ask  as  a 
favor  that  he  withdraw  his  resolution  for  the 
present  and  allow  me  to  present  mine. 

Mr.  CHAPIN.     Certainly  ;  I  withdraw  it. 

Mr.  DUNNE.  Before  the  resolution  which  I 
offer  is  read,  as  it  is  the  first  time  I  have  had 
the  floor  since  the  marked  courtesy  extended 
by  the  Convention  to  those  who  came  late,  by 
waiting  for  them  before  proceeding  to  business, 
I  desire  to  express  my  appreciation  of  that 
courtesy,  and  the  more  so  because,  perhaps, 
something  in  these  resolutions  might  be  con- 
strued as  not  evincing  that  appreciation  on  my 
part.  The  sentiments  of  these  resolutions  are 
such  that  I  am  satisfied — 

The  PRESIDENT,  (interrupting.)  Will  the 
gentleman  suspend  a  moment  ;  I  think  the 
resolutions  are  not  seconded. 

Mr.  BANKS.    I  will  second  them  in  order  to 


get  them  before  the  house,  though  I  do  not 

know  what  they  are. 

The  PRESIDENT.  Perhaps  they  had  better 
be  read  before  the  gentleman  proceeds. 

Mr.  DUNNE.  Only  one  word.  I  present  these 
resolutions  as  the  sentiments  of  a  large  body 
of  my  constituents,  and  as  the  sentiments  of 
those  people,  I  ask  to  have  them  receive  the 
attention  of  the  Convention.  With  this  ex- 
planation, I  will  ask  the  Secretary  to  read  them. 

The  Secretary  read  as  follows  : — 

Whereas,  This  Convention  has  assembled,  not  from 
any  call  of  the  people  of  this  Territory,  but  in  pursu- 
ance of  an  Act  of  Congress  which  virtually  compels  us 
to  take  action  again  upon  a  question  which  we  believe 
should  be  left  entirely  to  the  imbiassed  judgment  of 
the  peojjle,  uninfluenced  by  the  interested  appeals  of 
aspirants  for  office,  or  by  the  surging  passions  of  par- 
tisan strife;  and 

Whereas,  The  overwhelming  defeat  sustained  by 
the  late  Constitution  from  the  peoiile  themselves  but  a 
few  months  ago,  and  later  still  from  their  Representa- 
tives in  Legislature  assembled,  is  a  convincing  proof 
of  the  sentiments  of  this  Territory  as  to  the  propriety 
of  at  present  assuming  the  responsibilities  of  a  State 
Government;  and  that  the  vote  some  time  before  in 
favor  of  such  action  was  no  test,  inasmuch  as  no  can- 
vass on  the  subject  was  had,  and  the  question  consti- 
tuted no  part  of  the  real  issue  in  the  contest;  and    . 

Whereas,  The  conducting  of  a  State  Government 
upon  even  the  most  economical  basis  is  necessarily  at- 
tended with  a  burden  of  expense,  greater  than  the  peo- 
ple at  present  can  bear,  and  which  would  necessitate  a 
ruinous  system  of  credit  and  depreciation  of  the  paper 
of  the  State,  because  of  the  absence  of  the  necessary 
basis  of  revenue  upon  which  the  peoi^le  vnU  willingly 
consent  to  be  taxed;  and 

Whereas,  The  reasoning  of  the  supporters  of  the 
late  Constitution,  that  twelve  months'  time  would  show 
the  taxable  property  of  the  Territory  doubled  in 
amount  and  trebled  in  value,  has  faUed  to  be  sustained 
by  the  facts  in  the  case;  but  that,  on  the  contrary,  a 
deiareciation  instead  of  an  increase  has  ensued ;  and 

Whereas,  The  submission  of  another  Constitution 
to  the  people,  at  present,  would  be  to  force  upon  them 
again  an  election  at  a  great  expense  for  the  settlement 
of  a  question  ujjon  which  they  have  just  given  their 
decision — so  recently,  in  fact,  that  the  echo  of  their  re- 
monstrance has  scarcely  yet  died  in  our  ears ;  and 

Whereas,  Of  aU  possilale  times  for  the  submission 
of  such  a  question,  the  present  is  the  least  appropriate, 
the  question  being  one  which  should  be  determined 
upon  from  its  intrinsic  merits  alone :  one  which  calls 
for  the  exercise  of  the  calmest  judgment,  and  for  a 
consideration  of  its  effects  upon  the  whole  people,  and 
not  as  to  how  it  may  benefit  the  interested  few;  and  the 
time  pi'oposed  for  action  upon  it  being  not  only  at  the 
red-hot  heat  of  a  Presidential  campaign,  but  of  a  con- 
test the  like  of  which,  for  partisan  enthusiasm  and  party 
bittex'ness,  the  world  has  not  yet  witnessed ;  when  the 
mingled  indignation  and  loathing,  and  fierce,  \'indic- 
tive  hate  of  patriotic  men  against  the  infamy  of  treason 
may  easOy  be  stirred  by  designing  j>oliticians  to  carry 
this  Constitution  through,  if  for  no  other  reason  than 
because  it  would  inflict  an  additional  pang  upon  the 
rebellion  to  see  another  star  rise  grandly  to  its  place  in 
the  constellation  sought  to  be  shrouded  in  the  pall  of 
death;  and 

Whereas,  Though  we  yield  to  no  portion  of  this  na- 
tion in  our  love  or  devotion  to  our  country,  or  in  wil- 
lingness to  sacrifice  our  interests  for  the  public  good, 
we  do  not  beUeve  the  Government  is  menanced  by 
any  danger  which  requires  of  us  the  assiimption  of  the 
attitude  of  a  State  to  prevent;  and 

Whereas,  We  have  assembled  here  as  the  represen- 
tatives of  the  real  interests  of  this  TeiTitory,  in  order 
that  no  action  prejudicial  to  those  interests  shoiUd  be 
had  in  this  body:  and 

Whereas,  There  is  nothing  in  the  act  caUing  us  to- 
gether which  imposes  any  obligation  upon  us  to  form  a 
Constitution;  and 


10 


ADJOURNMENT  WITHOUT  DAY. 


[2d  day. 


Tuesday,] 


Dunne — Brosnan — DeLong — President. 


[July  5th. 


Whereas,  It  slioiUd  be  our  first  duty  to  represent, 
by  our  action  here,  the  expressed  sentiment  of  the  peo- 
ple we  claim  to  represent ;  therefore 

Resolved,  That  the  paramount  allegiance  of  every  citi- 
zen of  the  United  States  is  due  to  the  Federal  Grovern- 
nient;  that  we  heartily  endorse  the  general  policy  of 
the  present  Administration  in  its  eflorts  to  maintain 
the  national  authority  over  the  rebellious  Territory  of 
the  United  States;  that  we  are  in  favor  of  the  most 
thorough  and  vigorous  prosecution  of  the  war,  without 
delay  or  compromise,  uutO  the  heresy  of  rebellion  be 
forever  eradicated  from  the  land ;  that  we  are  for  the 
employment  of  all  means  of  civilized  warfare  for  the 
accompUshmeut  of  that  end ;  but  that  when  rebels  re- 
sort to  the  atrocities  of  savage  cruelty,  we  beheve  re- 
taliation justifiable. 

Resolved,  That  we  beheve  the  initiative  steps  towards 
the  forming  of  a  State  Government  should  only  be 
taken  under  the  direction  of  the  XJeople  themselves  by 
direct  expression  of  their  will,  and  particularly  so 
when  it  is  required  to  be  done  at  their  exijense. 

Resolved,  That  under  the  circumstances,  we  deem  it 
our  duty  to  return  to  our  constituents,  leaving  to  them 
the  right  to  call  a  Convention  for  the  formation  of  their 
State  Constitution,  whenever  they  shall  deem  it  advis- 
able for  their  own  interests  to  do  so. 

Resolved,  That  when  this  Convention  adjourn  it  ad- 
journ sine  die. 

Mr.  DUNNE.  I  have  only  a  few  words  to  say, 
Mr.  President,  ia  regard  to  these  resolutions, 
I  hope  that  each  member  of  the  Convention 
will  endeavor  to  vote  upon  them  exactly  as 
he  believes  the  sentiments  of  a  majority  of  his 
constituents  demands.  I  do  think,  however,  so 
far  as  I  myself  am  concerned,  that,  when  we 
consider  the  action  of  the  people  of  this  Terri- 
tory, talien  in  conjunction  with  the  considera- 
tion of  our  circumstances — a  careful  compari- 
son of  our  present  state  with  what  it  was 
twelve  months  ago,  financially  speaking,  or 
what  it  was  at  the  time  when  the  previous  Con- 
stitution was  proposed  and  rejected — we  should 
be  induced  to  refrain  from  presenting  another 
Constitution  to  the  people  at  the  present  time. 
I  think  that  the  depreciation  of  property,  the 
depreciation  of  the  value  of  mining  stocks,  and 
the  cessation  of  investments  necessarily  conse- 
quent upon  the  downfall  of  all  mining  stocks, 
have  rendered  such  a  measure  impolitic.  I  say 
that  all  these  things  taken  together,  tend  to 
show  that  if  the  people  did  not  wish  to  adopt 
a  Constitution  and  State  Government,  some 
months  ago,  when  everything  looked  more 
prosperous  and  promising  than  now,  they  cer- 
tainly do  not  wish  to  do  so  at  this  time. 

Then,  in  regard  to  the  basis  of  revenue,  I 
think  it  is  unmistakably  apparent  to  all  that 
the  last  Constitution  was  rejected  because  the 
mines  were  taxed  ;  there  can  be  no  question  as 
to  that  proposition.  Now,  if  there  is  to  be  a 
Constitution  submitted  to  the  people,  leaving 
that  clause  out,  or  recommending  the  proposi- 
tion that  the  mines  shall  not  be  taxed,  I  tliink 
it  would  undoubtedly  ]>e  satisfactory  to  the 
people  in  that  regard  ;  but  I  doubt  whether 
such  a  Constitution  would  be  satisfactory  to 
the  office-holders  under  that  Constitution,  for 
I  do  not  see,  for  my  part,  where  their  pay 
would  come  from.  There  is  scarcely  any  prop- 
erty, when  you  come  to  look  at  the  vast  budget 
of  State  debt  which  would  be  accruing  every 
year,   aside  from  the   mining  property,  from 


which  you  can  hope  to  raise  funds  to  carry 
on  a  State  Government.  There  is  scarcely 
any  property  to  speak  of  in  this  Territory,  out- 
side of  mining  property,  and  the  people  will  not 
willingly  consent  to  see  that  species  of  property 
taxed.  In  my  own  county,  to  my  knowledge, 
since  the  assessor,  under  the  revenue  act  of  last 
winter,  began  his  operations,  the  people  have  ex- 
pressed the  most  unlimited  abhorrence  of  that 
mining  law — the  law  taxing  mining  property — 
and  they  have  expressed  their  determination 
that  that  law  shall  be  repealed  at  the  next  ses- 
sion of  the  Legislature.  They  expressed,  farther 
than  that,  their  determination  never  to  consent 
to  have  such  a  law  remain  on  the  statute  books. 

Those  who  believe  that  a  Constitution  can 
be  adopted  now  with  the  mining  tax  clause  in 
it,  think  we  can  go  on  under  it  and  get  a  rev- 
enue, because  they  have  succeeded  in  having  a 
law  passed  by  the  Legislature  taxing  this  species 
of  property  ;  and  so  long  as  that  law  remains, 
they  say,  then  everything  is  sure  and  as  they 
want  it.  Because  the  Legislature  adopted  that 
measure  once,  they  contend  that  we  can  adopt 
it  again,  and  safely  allow  it  to  go  before  the 
people  without  any  clause  exempting  the  mines 
from  taxation.  I  hope,  however,  that  their  ex- 
pectations will  be  disappointed  in  that  respect. 

But  I  know  that  the  minds  of  most  of  the 
members  have  been  specially  exercised  on  this 
subject,  as  it  has  been  before  the  people  in 
many  ways  since  the  late  Constitution  was  re- 
jected, and  I  am  satisfied,  therefore,  that  the 
Convention  will  be  willing  to  determine  this 
matter  without  further  debate.  Hence,  as  I  do 
not  wish,  above  all  things,  to  set  the  example 
of  making  long  speeches,  I  will  submit  my 
resolution  to  the  action  of  the  Convention,  with- 
out any  further  remarks,  unless  they  shall  meet 
with  some  opposition  which  may  call  for  reply. 

Mr.  BROSNAN.  I  move  that  the  preamble 
and  resolutions  be  indefinitely  postponed. 

Mr.  DeLONG.  I  have  asked  that  the  reso- 
lutions be  read.  I  am  informed,  however,  that 
they  are  very  long,  and  I  will  withdraw  that 
request  if  some  gentleman  will  state  the  pur- 
port of  them. 

The  PRESIDENT.  The  purport,  so  far  as 
the  Chair  understands  it,  is  a  proposition  that 
we  dissolve  this  Convention  and  go  home  to 
our  constituencies  without  doing  anything 
further. 

Mr.  BROSNAN.  I  wish  to  make  one  or  two 
suggestions  before  the  vote  is  taken  on  the 
pending  question.  I  have  listened  to  the  read- 
ing of  the  preamble  and  resolutions  with  a 
great  deal  of  attention,  and  I  have  been  struck 
very  much,  Mr.  President,  with  the  loyalty  of 
the  sentiments  which  they  embrace.  1  should 
be  the  last  person  in  the  world  to  vote  against 
those  sentiments,  or  to  willingly  favor  any  oppo- 
site doctrines.  But  that,  I  conceive,  is  not  the 
question  here.  I  consider  that  our  duty  is 
marked  out  for  us  by  the  highest  authority  of  the 
land,  and  that,  as  sensible  men,  who  have  been  , 
sent  hei-e  to  discharge  a  specific  duty,  we  should 


2d  day.] 


ADJOURNMENT   WITHOUT  DAY. 


11 


Tuesday,]    Dunne — Fitch — DeLong — Hawlet — Nourse — Parxer — Tozer — Banks.     [July  5. 


be  playing  the  part  of  children  to  dissolve  our 
Convention  at  the  present  time  without  having 
done  what  we  came  here  to  perform.  So  far 
as  the  loyalty  of  the  sentiments  expressed  in 
the  resolutions  is  concerned,  I  most  heartily  ac- 
cord with  them  each  and  every  one,  and  lest  it 
might  be  deemed  by  my  friend  from  Humboldt 
that  I  intended  any  disrespect  either  to  him 
or  to  the  loyal  sentiments  which  he  has  em- 
bodied in  his  resolutions  in  moving  their 
iudefluite  postponement,  I  will  ask  permission 
to  change  my  motion,  and  move  instead  that 
they  be  laid  upon  the  table. 

Mr.  DUNNE.  I  said  that  I  would  make  no 
further  remarks  unless  some  point  should  be 
made  against  the  resolutions,  and  I  notice  now 
that  there  is  a  point  made,  namely,  that  it  is 
our  duty  here  to  form  a  Constitution  ;  that  that 
path  of  duty  has  been  marked  out  for  us  by  the 
supreme  authority  of  the  nation  ;  that  we  have 
come  here  in  obedience  to  that  call,  and  would 
be  recreant  to  our  duty  if  we  adjourned  our 
Convention  without  performing  that  work 
which  we  came  here  to  do. 

Mr.  FITCH,  (interrupting.)  I  rise  to  a  ques- 
tion of  order  I  dislike  to  interrupt  the  gen- 
tleman from  Humboldt  ;  but  certainly,  upon  a 
motion  to  lay  upon  the  table,  debate  is  not  in 
order. 

Mr.  DeLONG-  I  do  not  think  my  colleague 
from  Storey  (Mr.  Brosnan)  intended  by  his  mo- 
tion to  cut  off  debate,  and  I  would  request  him 
to  withdraw  the  motion.  It  is  rather  a  harsb 
way  for  a  gentleman  to  make  a  speech  and 
wind  up  with  a  motion  to  lay  upon  the  table, 
which  necessarily  prevents  any  one  from  reply- 
ing. 

The  PRESIDENT.  The  motion  is  not  de- 
batable, and  unless  it  is  withdrawn  the  Chair 
will  rule  debate  out  of  order. 

Mr.  DUNNE.  I  should  think  that,  having 
made  a  portion  of  an  argument  against  the 
resolutions,  the  gentleman  from  Storey  would 
be  willing  to  have  them  farther  discussed. 

Mr.  HAWLEY.  I  would  suggest  that,  judg- 
ing from  the  drift  of  the  remarks  of  the  gen- 
tleman from  Humboldt  (Mr.  Dunne),  so  far  as 
he  has  been  allowed  to  proceed — I  am  inclined 
to  think  at  least  that  a  point  was  about  to  be 
raised  which  it  would  probably  be  well  enough 
for  the  Convention-  to  take  into  consideration. 
If  it  is  in  oi'der,  I  will  ask  that  the  rules  be  sus- 
pended to  allow  the  gentleman  to  make  his  ex- 
planation. 

Mr.  FITCH.  The  only  way  to  settle  it,  I 
take  it,  is  to  vote  down  the  motion  to  lay  on 
the  table,  or  for  the  mover  of  that  motion  to 
withdraw  it  ;  there  is  nothing  else  in  order 
while  that  motion  is  pending. 

Several  gentlemen  objected  to  the  with- 
drawal of  the  motion  to  lay  on  the  table. 

Mr.  CROSMAN.  I  hope  the  Convention 
will  consent  to  its  withdrawal  temporarily. 

Mr.  NOURSE.  I  hope  it  will  not  be  with- 
drawn ;  these  resolutions  have  been  thrown  in 
here  as  a  sort  of  firebrand,  and  I  hope  the  mo- 


tion now  pending  will  not  be  withdrawn,  but 
that  we  shall  dispose  of  the  whole  subject  in  a 
summary  manner  and  proceed  with  our  busi- 
ness.   I  object  to  its  withdrawal. 

Mr.  PARKER.  I  ask  for  information  in  re- 
gard to  the  rules.  If  this  matter  be  laid  on  the 
table  I  want  to  know  whether,  under  the  rules, 
either  a  majority  or  two-thirds  can  take  it  up 
again.  That  may  make  a  vast  difference,  be- 
cause if  it  is  liable  to  be  taken  up  again,  we 
may  be  annoyed  with  this  question  for  weeks 
here. 

The  PRESIDENT.  The  Chair  has  no  more 
opportunity  of  ascertaining  what  the  rules  are 
than  the  rest  of  the  Convention,  as  they  are 
not  accessible  in  print,  and  there  is  only  a 
single  copy  on  the  table  ;  but  the  impression  of 
the  Chair,  from  his  past  experience,  is,  that  lay- 
ing a  subject  upon  the  table  is  about  the  last 
of  it. 

Mr.  COLLINS.  I  think  there  is  another  rule 
equally  applicable,  which  is,  that  a  majority 
can  take  it  up  again  at  any  time. 

Mr.  DeLONG.  Certainly,  the  best  way  is  to 
withdraw  the  motion,  and  move  an  indefinite 
postponement.  Then  if  the  gentlemen  do  not 
want  debate,  they  can  move  the  previous  ques- 
tion, and  have  a  vote  on  that.  If  the  previous 
question  be  sustained,  and  the  motion  to  indefi- 
nitely postpone  carried,  we  get  rid  of  the  ques- 
tion forever.  For  one,  I  would  like  to  have  it 
discussed  as  long  as  the  gentleman  wants  it  dis- 
cussed. I  do  not  understand  that  it  makes  any 
difference  whether  it  requires  a  majority  or  a 
two-thirds  vote  to  take  it  up  again,  because  in 
either  case  it  may  be  taken  up  at  any  time. 

Mr.  FITCH.  I  understand  the  rule  to  be  in 
California,  that  a  majority  vote  may  take  any 
subject  from  the  table. 

Mr.  BANKS.  The  practice  in  California  has 
been  to  require  a  two-thirds  vote  when  the  mo- 
tion to  take  up  was  not  made  in  the  regular 
order  of  business,  but  under  the  head  of  '•  mo- 
tions and  resolutions,"  or  under  the  head  of 
"  unfinished  business,"  any  matter  could  be 
taken  up  by  a  majority. 

The  PRESIDENT.  This  discussion  is  some- 
what out  of  order,  but  it  has  been  tolerated  by 
the  Chair  in  order  that  the  Convention  may  un- 
derstand the  effect  of  the  vote  to  be  taken. 

Mr.  TOZER.  It  seems  to  me  desirable  to  dis- 
pose of  this  resolution  finally  at  this  time  ;  but 
I  dislike  very  much  to  dispose  of  it  without  a 
full,  fair,  and  free  discussion  upon  it.  It  is  a 
matter,  certainly,  of  considerable  importance, 
as  the  gentleman  from  Humboldt  says  it  em- 
bodies the  views  and  wishes  of  a  large  portion 
of  his  constituency  ;  and  I  really  hope  that 
nothing  will  be  done  in  the  Convention  which 
will  cut  off  the  discussion  of  the  matter.  Let 
it  be  amply  discussed,  and  then  finally  disposed 
of. 

The  PRESIDENT.  This  discussion  is  all  out 
of  order.  An  inquiry  was  made  in  reference 
to  the  effect  of  the  vote  about  to  be  taken,  and 
the  Chair  is  now  prepared  to  state,  from  the 


12 


ADJOURNMENT  WITHOUT  DAY. 


[2d  da)^ 


Tuesday,]       DeLoxg — Gibson — Hawlet — Tozee— Crosman — President — Banks.       [July  5. 


limited  oppoptuaity  given  him  to  examine  the 
rules,  that  in  the  opinion  of  the  Chair,  a  major- 
ity vote  would  be  sufficient  to  talvc  the  resolu- 
tions from  the  table,  inasmuch  as  only  a  ma- 
jority vote  is  necessary  to  lay  them  upon  the 
table. 

The  question  was  stated  on  the  motion  to  lay 
the  preamble  and  resolutions  on  the  table. 

Several  gentlemen  demanded  the  yeas  and 
nays,  and  a  vote  was  taken  by  yeas  and  nays. 

During  the  voting — 

Mr.  DeLONG.  I  ask  leave  to  explain  my 
vote,  and  merely  wish  to  say  a  word.  I  intend 
to  vote  in  the  negative  on  this  question,  simply 
out  of  courtesy  to  the  gentlemen  who  ottered 
the  resolutions,  and  not  because  I  think  there 
is  no  necessity  for  a  State  Government,  nor  be- 
cause I  do  not  intend  to  support  the  Constitu- 
tion which  may  be  framed  here.  I  vote  ''no," 
solely  out  of  courtesy,  and  I  regret  that  the 
motion  was  made,  because  I  would  like  to  give 
to  the  Convention,  and  through  it  to  the  peo- 
ple, my  reasons  for  favoring  a  State  Govern- 
ment at  this  time,  when  it  is  well  known  that 
one  year  ago  I  opposed  it  with  all  my  might. 
I  vote  '•  no." 

Mr.  GIBSON.  I  shall  vote  '•  no,"  for  the 
simple  reason  that  I  wish  to  have  the  subject 
ventilated. 

Mr.  IIAVVLEY.  I  ask  leave  to  say  a  word  in 
explanation.  I  shall  vote  "no,"  upon  the  ques- 
tion of  laying  on  the  table,  partly  because  I 
wish  to  see  an  opportunity  extended  to  the  gen- 
tleman from  Humboldt,  (Mr.  Dunne,)  to  explain 
his  peculiar  views  on  the  question  which  he  in- 
troduced, or  intimated  in  his  remarks,  as  far  as 
he  went.  If  '•  coming  events  cast  their  shad- 
ows before,"  I  am  inclined  to  think  that  the 
gentleman  from  Humboldt  was  about  to  raise 
certain  propositions  based  upon  the  remarks  of 
the  gentleman  from  Storey,  (Mr.  Brosnan,)  to 
the  effect  that  he  did  not  consider  this  Conven- 
tion iu  duty  Ijound  to  take  into  consideration, 
or  to  take  any  notice  whatever,  of  the  call  of 
the  national  government  convening  us  here  for 
a  specific  purpo.se.  How  much  further  he  might 
have  gone  if  he  had  not  been  interrupted,  we 
have  no  means  of  knowing ;  and  for  my  part,  as 
a  member  of  the  Convention,  and  a  delegate 
representing  a  loyal  community,  I  feel  some- 
what anxious  to  understand  the  gentleman's 
entire  i)roposition. 

Mr.  TOZKli.  I  ask  leave  to  explain  my  vote 
briefly.  1  vote  "  no,"  on  the  motion  to  lay  the 
resolutions  on  the  table,  and  I  do  so  for  the 
Fame  reasons  which  have  been  given  l)y  other 
gentlemen  of  the  Convention, — not  liecauso  I 
do  not  at  this  time  favor  tliu  organization  of  a 
State  government,  but  simply  because  I  am  op- 
posed to  this  manner  of  disposing  of  the  ques- 
tion. 

The  result  of  the  vote  was  announced  as  fol- 
lows : — 

I'«tt»— McBSfH.  Ball,  Banks,  Bclden,  Brosnan,  Brady, 
Chapin,  C^oUins,  Crawford,  Earl,  Fit<;h,  Frizell,  Fol- 
8oni,  HudHon,  Hovey,  Kennedy,  Murdock,  Noursc, 
Proctor,  Sturtevant,  Tagliabue,  and  Wetherill— 21. 


Nays — Messrs.  Crosman,  DeLong,  Dunne,  Gibson, 
Hawlcy,  Kinkead,  Lockwood,  Parker,  Tozer,  and  the 
President — 10. 

Mr.  CROSMAN.  I  voted  "  no,"  for  the  rea- 
sons which  have  already  been  assigned  by  gen- 
tlemen. It  was  my  expectation,  or  at  least  my 
hope,  that  this  motion  to  lay  upon  the  table 
would  have  been  voted  down,  in  order  that  I 
might  make  a  motion  to  indefinitely  postpone 
the  res(jlutions.  Upon  that  motion,  my  friend 
from  Huml)oldt  could  have  explained  his  posi- 
tion. 

The  PRESIDENT.  The  gentleman  is  not  in 
order,  except  by  consent  of  the  Convention. 
["  Leave.    Leave."] 

Mr.  CROSMAN.  Only  one  word  further.  I 
wanted  the  gentleman  to  have  the  privilege 
of  explaining ;  and  believing  that  the  sense  of 
the  Convention  was  in  favor  of  disposing  of  the 
resolutions  immediately,  the  vote  could  then  be 
taken  on  indefinite  postponement.  For  my 
part,  I  am  in  favor  of  a  State  organization,  and 
I  am  in  favor  of  doing  anything  that  the  Gen- 
eral Government  asks  at  our  hands,  to  sustain 
it  in  this  conflict. 

The  PRESIDENT.  In  this  same  connection, 
with  the  permission  of  the  Convention,  while 
explanations  are  the  order,  I  desire  to  say  that  I 
am  opposed  to  every  thing  contained  in  those 
resolutions,  except  the  very  loyal  sentiments 
expressed  therein,  which  I  of  course  heartily 
approve.  For  the  same  reasons  which  have 
been  expressed  by  other  gentlemen,  I  voted 
against  laying  the  resolutions  on  the  table, 

Mr.  BANKS.  I  ask  leave  to  say  a  few  words 
in  explanation  of  my  vote.  I  will  only  say, 
that  with  all  my  desire  to  extend  courtesy  to 
my  colleague,  for  whom  I  entertain  the  most 
profound  respect,  I  so  thoroughly  disagree 
with  the  sentiments  advanced  in  these  resolu- 
tions, so  far  as  they  pertain  to  the  people  whom 
I  represent,  and  so  far  as  they  pertain  to  the 
propriety  of  adopting  a  State  government,  that 
I  felt  compelled  to  vote  in  favor  of  laying  them 
on  the  table,  because  I  regarded  that  vote  as  a 
tost  vote,  and  I  wished  to  place  myself  right 
on  the  record  against  those  resolutions. 

Mr.  HAWLEY.  Will  the  Convention  allow 
me  a  moment  to  explain  my  vote '.'  I  merely 
wish  to  say  that  I  am  decidedly  in  favor  of  a 
State  organization,  and  opposed  to  everything 
in  the  resolutions  except  their  patriotic  senti- 
ments. I  wanted  to  say  this  now,  because  I- 
ntglected  to  do  so  when  I  had  the  floor  before. 

Mr.  DUNNE  Some  gentlemen,  in  explaining 
their  votes,  have  expressed  a  desire  to  extend 
courtesy  to  the  gentleman  from  Humlmldt. 
Now,  I  would  .«ay  that  with  me  there  is  not  a 
particle  of  personal  consideration  in  this  mat- 
ter— the  gentleman  from  Humboldt  has  not  the 
slightest  feeling  about  it.  He  understood  that 
the  vote  was  simply  on  the  principle  involved 
in  the  resolutions  which  he  had  felt  it  his  duty 
to  offer,  conceiving  it  to  be  the  wish  of  his  con- 
stituents that  resolutions  of  this  nature  should 
be  presented  for  the  consideration  and  action 
of  the  Convention.    So  far  as  the  gentleman 


2d  day.] 


ADJOURNMENT  WITHOUT  DAY. 


13 


Tuesday,]  Nourse — Kinkead — Tozer— President — Chapin — Fitch — Earl — DeLoxg.  [July  5. 


from  Humboldt  is  concerned,  therefore,  there 
need  be  no  hesitancy  on  the  score  of  courtesy. 

Mr.  NOURSE.  If  there  are  any  others  who 
desire  to  explain  their  votes,  I  suggest  that 
they  be  allowed  to  do  so  in  the  columns  of  the 
Carson  Independent. 

Mr.  KINKEAD.  After  the  explanation  which 
has  now  been  made  by  the  gentleman  from 
Humboldt,  I  desire  to  change  my  vote  to  the 
af3Brmative. 

Mr.  GIBSON.    I  desire  to  do  the  same. 

Mr.  CROSMAN.    I  wish  to  change  mine  also. 

Mr.  TOZER.  I  wish  to  explain  before  chang- 
ing my  vote.  I  voted  "  no  "  only  as  a  matter  of 
courtesy  to  tbe  gentleman,  and  now  I  vote  in 
the  affirmative. 

The  PRESIDENT.  I  will  state,  with  the 
permission  of  the  Convention,  that  I  am  not 
prepared  to  refer  to  the  gentleman's  explana- 
tion as  a  reason  why  I  should  change  my  vote. 
I  voted  in  the  negative,  because  I  wanted  to 
have  the  matter  discussed.  I  wanted  to  hear 
from  some  gentlemen  whom  I  knew  had  hither 
to  opposed  the  adoption  of  a  State  Govern- 
ment, and  who  are  now  the  ardent  friends  of 
that  policy.  I  desired  to  hear  from  them  an 
explanation  of  the  reasons  which,  in  their  judg- 
ment, now  exist  in  favor  of  a  State  Govern- 
ment which  did  not  formerly  appear,  and  I 
wanted  that  explanation  to  go  forth  to  the 
people,  to  show  them  the  reasons  why  we  desire 
now  to  adopt  a  State  Government.  I  wanted 
the  subject  ventilated,  and  believed  there  was 
no  better  time  for  this  discussion  than  at  the 
initiatory  stage  of  our  proceedings,  in  order 
that  the  people  may  be  instructed,  so  far  as  the 
views  of  their  delegates  are  concerned,  as  to 
the  reasons  and  arguments  in  favor  of  the  form- 
ation of  a  State  Government.  I  do  not  change 
my  vote,  therefore,  and  I  hope  the  matter  will 
still  be  discussed,  and  possibly  I  may  participate 
in  such  discussion.  I  will  repeat,  however,  my 
former  statement,  that  I  am  opposed  to  every- 
thing in  the  resolutions,  save  and  except  their 
loyal  and  patriotic  sentiments. 

Messrs.  Parker  and  Hawley  changed  their 
votes  from  the  negative  to  the  affirmative. 

The  result  of  the  vote  was  again  announced. 
as  follows  : — 

Yeas — Messrs.  Ball,  Banis,  Belden,  Brosnan,  Brady, 
Chapin,  Crosmau,  Crawford,  Collins,  Earl,  Fitch,  Friz- 
ell,  Folsom,  Gibson,  Hudson,  Hawley,  Hovey,  Kin- 
kead, Kennedy,  Murdock,  Nourse,  Parker,  Proctor, 
Sturtevant,  TagUabue,  Tozer,  and  Wetherill— 27. 

Nays — Messrs.  De  Long,  Dunne,  Lockwood,  and  Mr. 
President — i. 

So  the  preamble  and  resolutions  were  laid 
on  the  table. 

Mr.  CHAPIN.  I  desire  to  say  that  I  voted 
aye  for  an  entirely  different  reason  from  any 
that  has  yet  been  stated.  I  voted  to  lay  the 
resolutions  on  the  table  for  the  simple  reason 
that  I  believe  we  are  here  for  business,  not  for 
the  presentation  of  arguments  for  or  against 
the  adoption  of  a  State  Constitution.  I  came 
here  to  work,  and  I  want  to  go  to  work,  and 
work  every  hour  till  I  get  through,  and  go 


home  to  attend  to  my  private  business ;  and 
then  let  every  man  who  wants  to  present  argu- 
ments for  or  against  the  Constitution  which  we 
shall  have  adopted,  go  home,  and  work  and 
talk  as  long  as  he  pleases.  Those  are  my  sen- 
timents, and  those  are  the  reasons  why  I  wanted 
the  resolutions  laid  on  the  table  and  allowed  to 
remain  there. 

Mr.  FITCH.  I  would  like  to  explain  my 
vote.  I  have  only  this  to  say — that  1  raised 
the  question  of  order  upon  the  motion  to  lay 
on  the  table,  not  out  of  any  discourtesy,  but 
solely  because  I  believed  it  to  be  important 
that  we  should  enforce  the  common  parliamen- 
tary rules  in  the  outset. 

Mr.  DeLONG.  Now,  I  am  compelled  to 
rise  to  a  point  of  order,  because  these  gentle- 
men who  put  the  gag  on  me  are  themselves 
making  long  speeches.  My  point  of  order  is, 
that  there  is  no  question  before  the  house. 

The  PRESIDENT.  The  gentleman  from 
Storey  (Mr.  Fitch)  asked  leave  to  explain,  and 
leave  was  given  him,  by  the  assent  of  the  Con- 
vention, to  proceed. 

Mr.  FITCH.  I  only  want  to  say  that  I 
raised  the  question  of  order,  not  out  of  dis- 
courtesy to  any  one,  nor  from  any  desire  to 
stifle  discussion,  but  simply  because  I  saw  that 
the  discussion  was  flagrantly  and  clearly  out  of 
order. 

Mr.  EARL  offered  the  following  resolution, 
which  was  read  by  the  Secretary  : — 

Resolved,  That  we  now  enter  into  a  Committee  of  the 
WTiole,  and  ask  of  Congress  to  give  us  a  change  in  our 
Judiciary,  and  that  this  body  now  propose  such  change 
necessary  to  be  made,  and  forward  the  same  to  Con- 
gress. That  we  then  adjourn,  hoping  that  Congress 
will  grant  our  prayer;  that  we  say  to  the  people  of 
this  Territory  that  if  this  change  is  granted  us,  we 
think  it  better  for  the  present  to  remain  as  we  are, 
under  a  Territorial  Government. 

Mr.  EARL.  I  offer  this  resolution,  think- 
ing it  will  do  no  great  hurt  at  least,  to  ascer- 
tain what  the  feeling  is  amongst  delegates  from 
different  parts  of  the  Territory  in  relation  to 
our  passing  now  from  a  Territorial  to  a  State 
form  of  government :  I  offer  it  for  that  purpose 
wnolly. 

Mr.  DeLONG.  Mr.  President,  I  am  frank  to 
confess  that  if  the  recommendation  in  that  res- 
olution could  be  carried  into  effect  immedi- 
ately, and  we  could  be  assured  that  the  desired 
chauge  in  our  judicial  system  would  be  effected 
in  that  mode,  I  would  certainly  favor  it,  and  it 
would  be  all  I  should  ask.  I  went  into  the  can- 
vass and  opposed  the  adoption  of  the  Constitu- 
tion last  year,  and  the  main  grounds  of  my 
argument  were,  that  in  my  opinion,  we,  as  a 
people,  were  too  young  ;  that  the  amount  of 
public  property  in  this  Territory  which  would 
be  taxable  under  that  Constitution  was  too 
small  to  warrant  this  people  in  assuming  the 
responsibilities  and  obligations  of  a  State  Gov- 
ernment, the  support  of  which  must  fall  so 
onerously  upon  the  small  amount  of  property 
which  was  then  within  our  confines.  I  pro- 
posed that  we  should  wait  until  we  had  the 


I 


14 


BASIS  OF  CONSTITUTION. 


[2d  day. 


Tuesday,] 


NouKSE — President — Chapin — DeLon  g. 


[July  5. 


material  wealth  on  which  to  base  a  State  Gov- 
ernment, so  far  as  property  was  concerned,  so 
that  our  revenues  might  be  sufficient  to  meet 
our  expenses.  But,  sir,  since  that  time,  in  the 
short  space  of  less  than  a  year,  I  have  seen  so 
many  of  the  evil  worlvings  of  a  Territorial 
Government  Yike  ours,  situated  so  far  distant 
from  the  central  Government,  to  which  men  are 
looking  for  appointments;  I  have  seen,  in  our 
judicial  department,  such  an  extraordinary  lack 
of  ability  to  come  up  to  the  requirements  of 
our  condition,  in  the  men  who  have  received 
appointments  in  that  department,  that  I  have 
come  to  the  conclusion  that  some  remedy  is 
absolutely  demanded.  Nor  is  it  alone  a  lack 
of  ability  on  the  part  of  our  judges.  Of  our 
three  judges  at  nisi  irrius,  at  this  time,  one  is 
sick  and  the  others  have  absented  themselves, 
and  thus  blocked  the  wheels  of  justice  ;  so  that 
in  reality  we  have  no  Courts  at  all ;  although 
I  know,  and  every  lawyer  knows,  that  we  have 
interests  in  litigation  so  vast  in  importance  that 
the  parties  interested  in  them  could  almost 
attbrd  to  pay  the  expenses  of  a  State  Govern- 
ment for  one  year  if  by  that  means  they  could 
have  their  rights  judicially  determined.  This 
is  what  impels  me  to  favor  a  State  organiza- 
tion. It  is  to  obtain  the  power  of  electing  our 
own  judges,  and  just  as  many  of  them  as  we 
want,  to  transact  our  criminal  and  civil  busi- 
ness. But  I  feel  sure  that  if  this  resolution 
should  pass,  or  one  embodying  the  same  propo- 
sitions, and  we  should  petition  Congress  for 
this  change  of  judiciary,  the  petition  would 
hang  there  and  probably  never  be  acted  upon  ; 
or  even  if  it  were  acted  upon  we  should  not  be 
sure  of  obtaining  any  relief  whatever  ;  conse- 
quently, I  have  made  up  my  mind  to  vote  for 
and  support  a  State  Government,  and  I  shall 
vote  against  this  resolution. 

Mr.  NOURSE.  It  seems  to  me  that  this  is 
not  the  place  to  discuss  the  question  whether 
or  not  we  should  adopt  a  State  Government, 
and  therefore  I  am  opposed  to  the  resolution. 
We  are  here  to  make  and  submit  to  the  people 
a  Constitution  and  form  of  State  Government, 
and  then  let  them  say  whether  or  not  they  will 
have  a  State  Government.  I  move  that  the 
resolution  be  indefinitly  postponed. 

The  question  was  taken  on  the  motion  to 
po.stpone  the  resolution  indefinitely,  and  it  was 
agreed  to. 

BA.S1S    OF    THE    CONSTITUTIOX. 

Mr.  CHAPIN.    I  now  call  up  my  resolution, 
and  ask  that  the  Secretary  read  it  as  modified. 
The  Secretary  read  as  follows : — 

Hesolved,  That  the  Constitution  adopted  by  the  late 
Convention  be  taken  as  the  basis  of  the  Constitution  to 
be  adopted  by  this  Convention,  and  that  the  same  be 
taken  up  in  Committee  of  the  Whole,  and  acted  upon 
section  by  section. 

Mr.  NOURSE.  I  would  inquire  in  relation 
to  that,  Mr.  President,  whether  that  will  pre- 
vent the  examination  of  different  portions  of 
the  Constitution  by  committees  ?    If  so,  I  am 


not  prepared  to  say  whether  it  would  be  well 
or  ill.    I  would  like  to  have  that  understood. 

The  PRESIDENT.  I  suppose  it  would  be 
entirely  competent  for  the  Convention  at  any 
stage  to  raise  a  committee  to  consider  any  por- 
tion of  it. 

Mr.  CHAPIN.  I  will  explain  my  view  of  it, 
Mr.  President.  I  notice  that  the  committee 
which  was  appointed  before  we  took  a  recess 
did  not  report  a  recommendation  that  we 
should  have  any  standing  committees;  conse- 
(juently,  as  we  must  Ijring  up  our  business  in 
some  manner,  I  think  that  this  would  be  the 
best  method.  We  can  take  up  the  Constitution, 
adopting  it  as  a  basis,  and  consider  it  in  Com- 
mittee of  the  Whole.  Let  us  go  on  with  it 
there,  until  we  come  to  a  disagreement,  or 
until  discussion  arises,  and  then,  if  it  should 
seem  to  be  necessary,  we  can  appoint  a  special 
committee  of  five  or  any  other  number,  to  which 
may  be  referred  any  particular  section  or  arti- 
cle in  regard  to  which  there  may  be  differences 
of  opinion.  I  thinii  it  would  be  the  better  way 
to  take  up  the  Constitution  in  the  manner  the 
resolution  proposes,  and  then  as  we  see  the 
necessity  ot  appointing  committees  upon  any 
particular  portions,  let  them  be  appointed  to 
report  at  subsequent  meetings.  I  believe  we 
can  expedite  business  in  that  way  much  more 
rapidly  than  we  can  by  referring  the  whole 
matter  to  various  standing  committees. 

Mr.  DeLONG.  I  wish  to  offer  an  amendment 
to  that  resolution.  I  move  to  strike  out  the 
words — "  The  Constitution  adopted  by  the  late 
Convention,"'  and  insert  the  words — "The 
amended  Constitution  of  California  ;  "  so  as  to 
read  :  ^'Resolved,  That  the  amended  Constitution 
of  California  be  taken  as  a  basis,"  etc. 

Mr.  BANKS.     I  second  that  motion. 

Mr.  DeLONG.  I  trust,  Mr.  President,  that 
the  Convention  will  bear  with  me  in  the  few 
remarks  which  I  desire  to  malie  on  this  subject, 
because,  whether  successful  or  unsuccessful  in  the 
enforcement  of  the  views  which  I  present,  it  will 
propably  be  the  last  occasion  on  which  I  shall 
make  any  lengthy  remarks  in  the  Convention. 
F  hope,  therefore,  that  I  may  be  heard  patiently. 
Now,  sir,  I  came  here  with  this  as  a  particular 
pet  object  which  I  had  in  view — that  this  Con- 
vention should  adopt  the  amended  Constitution 
of  California  as  the  basis  of  the  one  which  they 
were  to  frame  for  submission  to  the  people  of 
Nevada.  My  reasons  for  wishing  that  are 
these  :  I  know  that  this  Territory  is  peopled 
almost  exclusively  by  Californians — by  men 
that  have  lived  and  acquired  property  there  for 
years  past — who  have  lived  under  and  arc  ac- 
quainted with  the  Constitution  of  that  State  as 
it  has  been  construed  from  time  to  time  by  the 
Supreme  Court  of  that  State.  They  have  come 
into  this  Territory  and  found  that  here  the 
leading  and  paramount  interests  of  our  Terri- 
tory are  similar  to  those  which  they  left  behind 
them  in  the  State  of  California.  This  import- 
ant fact  renders  the  Constitution  and  laws  of 
California  peculiarly   applicable  to  us;  for  if 


2d  day.] 


BASIS  OF  CONSTITUTION. 


15 


Tuesday,] 


DeLong. 


July  5. 


they  were  applicable  to  the  wishes  and  wants  of 
Californians  at  home,  they  are  equally  applicable 
here,  so  long  as  our  leading  and  paramount  in- 
terests are  the  same.  These  men  have  acquired 
interests  here  under  a  knowledge  of  the  laws 
as  they  are  established  there.  Tliey  have  regu- 
lated their  intercourse  with  each  other  here  as 
it  is  regulated  there,  to  a  greater  or  less  ex- 
tent. In  fact,  they  have  brought  with  them  the 
peculiar  customs  and  usages  which  prevail 
there,  under  the  Constitution  and  laws  of  that 
State,  and  they  have  been  governed  by  them  in 
the  acquirement  of  property  here.  Now  no 
other  State  in  the  Union,  and  no  other  land  on 
the  globe,  except  perhaps  some  of  our  remote 
Territories,  have  those  peculiar  interests  which 
we  have  in  common  with  California,  and  conse- 
quently the  Constitution  and  laws  of  any  other 
State  would  be  decidedly  more  inapplicable  to 
lis  than  would  the  Constitution  and  laws  of 
California.  The  people  of  that  State  have  gone 
on  under  their  Constitution  for  fifteen  years. 
and  have  been  pleased  with  it.  It  has  worked 
well,  and  as  a  truly  loyal,  energetic,  enterpris- 
ing, and  intelligeot  people,  they  are  fully 
satisfied  with  it.  Then  why  should  we  desire 
or  expect  to  obtain  anything  better  than  that  ? 
Then,  another  thing,  if  you  adopt  any  other 
Constitution,  I  care  not  whether  it  be  better 
or  worse  than  the  one  I  propose  by  my 
amendment,  and  if  in  any  single  clause  of  that 
Constitution  there  is  a  difference  in  the  reading, 
if  any  case  arises  which  involves  a  construction 
of  that  clause  of  the  Constitution,  parties  litigant 
will  not  rest  content  with  a  trial  in  the  court 
of  first  instance,  but  in  all  cases,  advised  by 
their  attorneys,  they  will  appeal,  and  there 
will  be  the  necessity  of  a  construction  of  that 
clause.  The  opposing  counsel  on  either  side 
will  always  desire  to  have  the  Supreme  Court 
of  the  State  construe  the  clause  for  them. 
That  is  what  led  to  that  multifarious  system  of 
litigation  in  California.  Perhaps  the  Supreme 
Court  of  California  has  had  more  business  before 
it  during  the  last  twelve  or  fifteen  years  than 
the  first  appellate  court  of  any  other  State 
in  the  Union,  within  the  same  period  of  time. 
And  why  ?  Because  simply  the  people  never 
will  rest  content  with  the  decisions  of  the 
lower  courts,  but  always  appeal  to  the  Supreme 
Court  upon  every  possible  Constitutional  ques- 
tion, until  they  get  the  entire  instrument  con- 
strued by  the  court  of  last  resort.  Now,  if  we 
adopt  the  Constitution  of  California  we  have 
the  benefit,  without  cost  to  us,  of  fifteen  years 
of  jurisprudence  there,  and  all  the  litigation  of 
their  courts  and  the  constructions  which  the 
Supreme  Court  have  given  to  that  instrument. 
The  Supreme  Court  of  that  State  has  been 
presided  over  by  men  of  marked  ability.  Such 
men  as  Stephen  J.  Field,  and  other  eminent  ju- 
rists whom  I  might  name,  have  adorned  that 
bench  with  their  learning  and  legal  talent,  and 
their  decisions  would  be  received  here  by  our 
courts,  and  by  parties  litigant,  with  scarcely 
ever  a  question,  and  without  the  expense  and 


trouble  of  going  to  our  Supreme  Court  to  as- 
certain the  true  construction.  If  we  find  that 
Judge  Field  and  other  eminent  judges  have 
thrown  the  light  of  their  genius  upon  any 
clause  of  the  Constitution,  we  shall  be  willing 
at  once  to  accept  that  construction. 

Another  thing  :  the  California  Reports  are  in 
nearly  every  lawyer's  library  here,  and  they 
are  familiar  to  every  business  man  ;  and  they 
would  become  standard  authorities  on  questions 
of  law.  because  they  are  reports  of  decisions 
upon  the  same  instrument  which  we  would 
have  as  our  fundamental  law.  1  think  it  w  ould 
save  a  world  of  expense,  and  a  vast  amount  of 
litigation.  And  I  think  also — and  in  my  opin- 
ion this  is  worthy  of  consideration — that  when 
the  question  is  presented  before  the  people, 
whether  or  not  we  are  to  have  a  State  Govern- 
ment, this  action  would  prevent  many  men 
from  doubting  the  wisdom  of  the  instrument 
submitted  for  their  approval  or  rejection.  It 
would  prevent  men  from  going  into  the  can- 
vass and  telling  the  people,  who  do  not  always 
stop  to  consider  or  to  study,  that  the  Consti- 
tution proposed  contained  some  new-fangled 
machine  that  would  blow  them  all  up.  [Laugh- 
ter.] The  reply  to  that  would  be  that  we 
had  adopted  the  same  instrument  that  Cali- 
fornia has,  and  under  which  that  State  has 
lived  and  prospered  for  fifteen  years,  and  if 
California  has  got  a  good  Constitution,  then  we 
have  a  good  one  also. 

Now,  I  know,  Mr.  President,  how  much  men 
become  attached  to  their  own  works — to  the 
things  of  their  own  creation.  I  know  that  a 
large  and  respectable  number  of  gentlemen  in 
this  Convention  were  members  of  the  last  Con- 
stitutional Convention — gentlemen  who  framed 
this  Constitution  which  I  now  hold  in  my  hand  ; 
and  it  is  natural  for  them  to  believe  thatiu  the 
framing  of  it  they  had  framed  a  wise  funda- 
mental law.  But  they  will  agree  with  me  when 
I  state  that  on  that  poiut  they  and  the  people 
disagreed.  That  Constitution  was  repudiated. 
They  may  say  it  was  not  on  account  of  any  in- 
herent defects  in  the  instrument  itself ;  but  I 
say  this,  that  there  were  defects,  and  glaring 
defects,  which  met  with  disapproval  at  the 
hands  of  this  community,  and  which,  if  they 
were  reiterated  to-morrow,  would  secure  to  the 
work  of  our  hands  the  same  popular  condem- 
nation. It  would  be  a  fatal  error,  which  would 
blast  all  our  hopes  that  the  people  will  adopt 
what  we  here  shall  construct. 

I  say,  also,  that  there  were  many  objection- 
able things  contained  in  this  instrument  which 
were  not'brought  to  the  attention  of  the  people 
during  the  canvass,  as  they  would  have  been, 
if  there  had  not  been  more  salient  points  to  be 
assailed — thiugs  which  were  never  mentioned 
by  those  who  opposed  this  Constitution  and 
State  Government  before  the  people.  I  know 
that,  for  I  was  one  of  the  number  that  opposed 
it,  and  I  was  in  most  of  their  conferences.  I 
know  that  the  Constitution  was  assailable  in 


16 


BASIS  OF  CONSTITUTION. 


[2d  day. 


Taesday,] 


DeLong—Chapin— Dunne. 


[July 


many  other  points  than  those  which  we  saw  fit ; 
to  submit  to  the  people. 

Now  in  following  the  line  of  the  California 
Constitution,  we  are  only  following  in  that  of 
the  Constitution  of  a  still  greater  State  ;  a  Con- 
stitution which  received  the  indorsement  of 
many  wise  men.  I  speak  of  the  Constitution 
of  the  State  of  New  York  ;  a  State  which  has 
given  her  Constitution  to  very  many  of  the 
western  States  of  this  Union.  The  Constitution 
of  California  was  derived  from  that  of  New 
York,  and  from  California  it  comes  to  us.  and 
then  we  have  a  Constitution  which  all  may  un-  i 
derstand  and  upon  which  there  need  be  no  dis- : 
agreement. 

I  hope  no  feeling  of  personal  pride,  or  desire 
to  uphold  that  which  they  have  themselves  cre- 
ated, will  prevent  any  gentlemen  on  this  floor  j 
from  selecting,  as  the  basis  of  our  new  Consti- 1 
tution.  that  which  is  the  best.      We  desire  to  ; 
give  this  people  a  fundamental  law  wbicli  will 
be  wise,  and  which  all  may  understand,  and  one 
also  which  they  will  adopt  when  called  upon  | 
to  vote  upon  it.     We  desire  to  remove  as  many 
as  possible  of  the  grounds  of  opposition,  and 
of  tbe  arguments  against  a  State  government 
by  those  who  are  opposed  to  it,  and  who  would 
naturally  in  the  canvass  attack  the  instrument 
itself  as  being  unwise. 

Now,  sir,  with  these  views,  submitted  hastily. 
I  leave  this  proposition  with  the  Convention. 
Ib  it  not  better  to  take  that  Constitution  that 
we  know  to  be  a  good  one,  because  it  fully  pro- 
tects the  people  in  their  lives,  in  their  liberty. 
in  their  property,  and  in  the  pursuit  of  happi- 
ness ;  a  Constitution  that  is  better  understood 
than  any  other  one  could  be  in  this  State,  and 
one  that  is  more  applicable  than  any  other,  be- 
cause our  interests  are  more  nearly  identical 
with  those  of  California  than  with  those  of  any 
other  State  in  the  Union  ?  Why  sliould  we  not. 
for  these  reasons,  take  up  that  instrument  which 
has  received  this  tiiorough  trial,  and  which  has 
been  found  to  be  good  and  beneticent  ?  Why 
not  take  that  up  and  make  it  the  basis  of  our 
action '!  And  if  in  any  particulars  we  .see 
grounds  of  objection,  we  can  offer  amendments, 
and  improve  upon  that  which  has  been  adopted 
and  acted  upon  so  lung  by  the  people  of  Cali- 
fornia. Let  UH  improve  upon  it  if  we  can,  but 
let  us  a.ssume  it  as  the  basis  of  our  own  funda- 
mental law,  and  tiien  we  will  have  a  fundamen- 
tal law  which  originates  not  with  us.  not  with 
a  ft--w  men  assi-mbUd  here  who  may  be,  and 
probably  are.  h>H  wise  in  their  generation  than 
many  of  the  men  who  have  thrown  the  light  of 
their  minds  upon  the  Constitutions  of  Califor- 
nia and  of  New  York  ;  but  we  will  have  the 
bemlit  of  the  wisdom  of  the  past,  thi;  ))enefit 
of  the  jurisprudence  of  the  i)ast,  tlie  benefit  of 
past  experience  ;  and  I  camiidly  believe  that 
we  shall  then  present  to  the  people  an  instru- 
ment which  they  will  be  more  ready  to  adopt 
than  any  new  or  untried  experiment  which 
could  pDSHilily  lie  brought  forth  l)y  u.s. 
i!r.   CHAl'IN.    I   have   a   few   remarks  to 


make.  I  hope  the  amendment  offered  by  my 
colleague,  (Mr.  DeLong,)  will  not  prevail. 
The  resolution  whicli  1  offered  admits  of  every 
facility  for  amending  every  section,  and  every 
line  throughout  the  whole  document.  And 
now  I  would  like  to  inform  my  colleague  that, 
as  the  President  very  well  knows,  this  Consti- 
tution which  I  offered  as  the  basis  for  us  to  act 
upon  now,  was  framed  under  a  resolution  offer- 
ed l)y.Iudge  Bryau  in  the  late  Convention, 
that  the  Constitution  of  California  should  be 
tlie  basis  of  the  Constitution  there  to  be  framed. 
Under  that  resolution  we  went  to  work,  and 
this  Constitution  was  framed  and  adopted  by 
that  Convention.  Now  I  believe  it  will  fa- 
cilitate the  business  very  much,  to  take  up 
this  document  which  was  passed  by  the  last 
Convention,  and  let  us  proceed  under  that  as  a 
basis  ;  so  that  we  will  not  have  to  begin,  and 
do  the  whole  work  over  again,  which  was  done 
by  the  last  Convention.  This  document  is  al- 
ready a  remodelling  of  the  Constitution  of  Cal- 
ifornia, so  as  to  adapt  it  to  our  own  peculiar 
circumstances,  and  our  own  local  divisions  and 
subdivisions,  geographically,  with  reference  to 
our  courts,  and  every  thing  else  ;  and  it  would 
require  at  least  four  times  as  much  labor  to  go 
back  and  adapt  the  Constitution  of  California 
to  all  these  things,  over  again,  as  it  would  to 
proceed  under  this  Constitution.  I  hope  the 
amendment  will  not  prevail. 

Mr.  DUNNE.  I  conceive  that  the  manner  in 
which  this  resolution  itself  operates,  is  a  suffi- 
cient illustration  of  the  fact  that  we  shall 
hardly  ever  get  through  with  the  Constitution, 
if  we  attempt  to  discuss  every  one  of  its  pro- 
visions in  Committee  of  the  Whole.  Large 
bodies  move  slowly.  In  half  an  hour  we  have 
not  determined  on  this  simple  question,  and  I 
think  in  two  months  we  shall  not  have  finished 
the  entire  Constitution,  if  we  attempt  to  do  the 
whole  work  in  Committee  of  the  Whole.  I] 
think  well  of  the  proposition  to  accept  the  last 
Constitution  as  the  basis  of  our  action,  for  that 
Constitution  was  the  result  of  grave  delibera- 
tion on  the  part  of  the  best  talent  in  the  Terri- 
tory, and  I  think  for  that  reason  it  is  entitled 
to  our  respect.  At  the  same  time,  many  per- 
sons here  do  not  feel  —  I  know  it  from  the  re- 
marks made  about  me  here  —  like  taking  up 
with  old  clothes.  Still,  I  think  we  had  better 
take  the  last  Constitution  as  our  basis.  But  I 
think,  however,  that  we  cannot  get  along  with 
the  work  with  advantage  in  Committee  of  the 
Whole,  and  I  will  therefore  offer  this  resolution 
■  as  a  substitute  : — 

;  Jtisolfcd,  That  there  be  appointed  a  Standing  Cora- 
'  niittee.  on  Doclaratiou  of  Itifihts,  whose  duty  it  shall  be 
'  to  report  upon  tlic  first  thnc'  Artirlesof  the  late  Consti- 
tution of  Ni-vada;  a Standiu^  (,'oiiiiiiittee  on  Legislative 
Ueiiartment,  to  report  on  Article  IV;  also  on  Executive 
Deparlnient,  to  report  on  Article  V;  also,  on  Judiciary, 
to  report  on  Article  VI.  which  shall  also  report  upon 
Article  VII  of  last  Constitution :  also,  on  Municipal  and 
I  other  Corporations,  to  report  on  Article  VIII;  also,  on 
Finance  and  State  Debt,  to  report  on  Article  IX,  which 
committee  shall  also  report  on  Articles  X  and  XI;  also, 
;  on  Education,  to  report  on  Article  XII;  also,  on  Mili- 
I  tia,  to  report  on  Articles  XIII,  XIV,  and  XV,  and  that 


t2d  day. 


BASIS  OF  CONSTITUTION. 


17 


Tuesday,] 


BROSNA^f — Fitch — Kennedy — President. 


[July 


the  balance  of  the  late  Constitution  be  reported  from 
Committee  of  the  Whole ;  and  that  the  several  com- 
mittees appointed  be  requested  not  to  consider  them- 
selves limited  in  their  powers  to  the  consideration  of 
the  Articles  referred  to  them,  but  are  requested  to  pre- 
sent any  amendments  thereto  they  may  deem  advisa- 
ble. 

Mr.  BROSNAN.  I  second  the  substitute,  in 
order  to  get  it  before  the  house. 

Mr.  FITCH.  I  trust  that  the  substitute 
ofifered  by  the  gentleman  from  Humboldt  will 
not  be  adopted.  We  have  now  before  us,  under 
the  resolution  of  the  gentleman  from  Storey 
(Mr.  Chapin),  the  Constitution  adopted  by  the 
last  Convention,  and  if  the  amendment  of  the 
other  gentleman  from  Storey  (Mr.  De  Long)  be 
adopted,  we  shall  then  be  in  exactly  the  same 
condition  that  we  would  be  if  we  were  to  adopt 
the  resolution  offered  by  the  gentleman  from 
Humboldt  (Mr.  Dunne),  so  far  as  our  practical 
work  is  concerned.  You  take,  for  instance, 
the  Constitution  of  Nevada  or  the  Constitution 
or  California,  and  bring  it  into  Committee  of 
the  Whole,  and  you  can  there  take  up  the 
propositions  advanced,  seriatim,  and  pass  upon 
them  without  difficulty.  But  if  committees  are 
appointed  upon  the  different  provisions  in  either 
of  those  Constitutions,  and  consider  them,  and 
bring  them  into  the  Convention,  then,  after  that, 
we  have  got  to  consider  them  in  Committee  of 
the  Whole.  We  can  just  as  well  proceed  in  the 
first  place  in  Committee  of  the  Whole,  without 
considering  them  in  a  standing  committee  first, 
and  then  in  Committee  of  the  Whole  after- 
ward. I  do  not  see  that  anything  would  be 
gained,  but,  on  the  contrary,  it  seems  to  me 
much  valuable  time  would  be  lost,  by  adopting 
the  suggestions  of  the  gentleman  from  Hum- 
boldt. 

The  question  was  taken  on  the  substitute 
proposed  by  Mr.  Dunne,  and  it  was  rejected. 

The  question  recurred  on  the  amendment 
proposed  by  Mr.  De  Long. 

Mr.  KENNEDY  demanded  the  yeas  and  nays. 

[Mr.  Fitch  in  the  chair.] 

Mr.  JOHNSON  (the  President).  It  is  not 
my  purpose  to  unreasonably  detain  the  Con- 
vention in  the  course  of  this  discussion,  but 
some  views  have  been  expressed  which  seem  to 
me  to  call  for  a  reply,  and  are  entitled  to  the 
respectful  consideration  of  the  Convention. 
First,  it  is  proposed  to  adopt  the  Constitution 
of  Nevada,  framed  by  the  late  Convention,  and 
rejected  by  the  people,  as  the  basis  of  our  ac- 
tion ;  and  the  pending  amendment  is  that  the 
Constitution  of  California  be  substituted  as 
such  basis  of  action.  We  well  know  that  no 
appropriation  has  been  made  to  pay  the  ex- 
penses of  this  Convention,  and  no  inconsider- 
able part  of  the  expenditures  of  the  late  Con- 
stitutional body,  and,  I  may  say,  in  all  bodies 
of  like  nature,  assembled  under  ordinary  cir- 
cumstances, has  been  the  item  of  printing. 
Now,  if  we  secure  the  California  Constitution 
as  a  basis  of  action  for  this  body,  we  will  neces- 
sarily require  a  considerable  amount  of  print- 
ing, as  it  will  be  impossible  for  us,  with  that 
B 


considerate  regard  which  the  subject  demands, 
to  pass  upon  the  varied  subjects  treated  of, 
without  having  them,  in  some  form,  presented 
for  our  inspection,  and  this  City  cannot  furnish, 
in  sufficient  number,  copies  of  the  Constitution 
of  California  to  supply  each  member  of  the 
Convention  ;  to  say  nothing  of  the  facilities 
which  would  be  required  for  making  amend- 
ments, and  placing  them  properly  before  the 
Convention,  so  as  to  be  understood.  But,  on 
the  contrary,  if  we  take  the  Constitution  of  the 
State  of  Nevada,  as  adopted  by  the  late  Con- 
vention, as  the  groundwork  and  base  of  our 
action,  we  have  it  ,already  in  print.  Several 
hundred  copies  of  it  are  accessible,  and  when 
the  necessity  of  amendments  arises,  as  doubtless 
it  will,  we  can  use  those  printed  copies,  sepa- 
rating the  different  parts,  and  so  obviate  the 
necessity  of  any  expense  in  the  item  of  print- 
ing, and,  at  the  same  time,  furnish  all  needed  in- 
formation. I  speak  without  any  pride  of  opinion 
j  in  this  matter,  although,  as  most  of  you  know, 
I  had  considerable  hand  in  the  framing  of  that 
document.  I  care  nothing  for  that  ;  I  want 
the  Convention  to  adopt  a  good,  loyal  Consti- 
tution, and  one  which  will  receive  the  indorse- 
ment of  our  respective  constituencies  ;  and  I 
care  not  whose  handiwork  it  may  be.  If  it  is 
such  as  to  assure  us  a  good  State  Government 
I  am  content. 

Again,  as  has  been  correctly  remarked  by  the 
gentleman  from  Storey,  (Mr.  Chapin),  the  Con- 
stitution of  California  was  adopted  as  the  basis 
of  action  of  the  late  Convention  which  framed 
the  Constitution  referred  to  in  the  original  mo- 
tion. The  gentleman  from  Storey,  (Mr.  De- 
Long.)  has  referred  to  the  Constitution  of  New 
York.  I  have  had  occasion,  perhaps  more  than 
he  has,  or  if  less,  then  his  memory  is  more  at 
fault,  to  compare  the  Constitution  of  New 
York  with  that  of  California,  and  I  cannot  per- 
ceive that  twenty  sections  of  the  one  earlier 
framed,  that  of  New  York,  has,  without  some 
material  alterations,  been  incorporated  in  the 
Constitution  of  California  ;  and  I  think  it  would 
be  within  the  bounds  of  truth  to  assert  that  not 
even  ten  consecutive  sections  of  the  California 
Constitution  are  to  be  found  in  the  fundamental 
law  of  New  York.  There,  the  Judicial  system 
is  entirely  unlike  that  of  California.  The  same 
may  be  said  of  their  Legislative  and  Executive 
departments.  The  Declaration  of  Rights  of 
California  contains  not  three  consecutive  lines 
as  embodied  in  the  Constitution  of  New  York. 
Indeed,  in  all  its  essential  features,  the  differ- 
ences are  important  and  essential.  So  that,  to 
my  mind,  the  gentleman's  argument  should 
have  no  possible  weight.  But,  on  the  contrary, 
the  embodied  labors  of  the  late  Convention  has 
section  following  section,  without  the  substitu- 
tion of  a  word,  or  change  of  a  single  clause, 
copied  from  the  Constitution  of  California  as  it 
now  exists.  In  all  essential  features  of  the  Ju- 
dicial department,  it  is  word  for  word  with  that 
of  California.  In  the  Legislative  department 
it  proceeds  further,  and  provides  annual  sessions 


18 


BASIS  OF  CONSTITUTION. 


[2d  day. 


Tuesday,] 


President — Tozee — Nockse. 


[July  5. 


for  a  given  time,  in  the  infancy  of  our  State 
Government ;  but.  following  in  the  same  beaten 
track  that  Caiiforaia  has  pursued,  by  the 
am 'ndments  recently  adopted  by  her,  after  a 
limited  time,  their  Constitution  also  proposes 
biennial  sessions  of  its  Legislature. 

I  miglit  go  on  and  enumerate  instance  after 
instance  where  this  Constitution  is  word  for 
word,  and  line  for  line,  the  same  ;  and  I  might 
say  article  after  article  have  been  taken,  trans- 
ferred without  cliange,  from  tlie  Constitution  of 
the  State  of  California.  Now.  why  should  we 
go  back  and  do  this  work  over  again,  in- 
volving the  necessity  of  this  additional  expense 
and  trouble,  by  adopting  the  Constitution  of 
California  as  our  basis  instead  of  taking  some- 
thing which  we  have  already  before  us  in  print, 
and  which  we  can  use  for  every  purpose? 

I  recognize  the  force  of  the  gentleman's  0)1- 
jection  in  reference  to  judicial  decisions,  and  1 
will  say  to  the  gentleman,  that  in  the  late  Con- 
vention, when  I  advocated  the  adoption  of  the 
Constitution  of  California  as  the  basis,  among 
the  reasons,  stated  by  myself  and  other  gentle- 
men, was  this  very  argument  ;  and  I  think  we 
have  all  the  advantages  to  which  he  refers  in 
reference  to  that  subject,  in  this  instrument. 
There  may  have  been  some  changes,  but  if 
they  are  unnecessary  we  can  reject  them. 
I  have  no  douljt  there  will  be  disagreement 
as  to  many  of  the  features  contained  in  this 
instrument,  but  nevertheless,  as  a  basis,  it 
is  substantially  the  same  as  the  Constitution 
of  California,  and  I  think  it  would  be  a  great 
auxiliary,  and  will  very  much  facilitate  our 
labors  to  adopt  the  Constitution  framed  by  our 
predecessors.  I  hope  we  shall  vote  down  the 
amendment  and  adopt  the  resolution  as  pro- 
posed by  the  gentleman  from  Storey,  (Mr. 
Chapin),t^aking  the  Constitution  framed  for  the 
State  of  Nevada  as  the  basis  of  our  action. 

Mr.  TOZER.  I  am  opposed  to  the  amend- 
ment offered  by  my  colleague,  (Mr.  DeLong), 
and  shall  vote  in  favor  of  the  original  resolu- 
tion as  presented  by  my  other  colleague,  (Mr. 
Chapin.)  During  the  session  and  debates  of 
the  Constitutional  Convention  which  met  in 
this  room.  I  believe,  when  their  labors  were 
well  nigh  completed,  a  public  meeting  was  held 
in  Storey  County,  composed  of  a  goodly  num- 
ber of  the  citizens  of  that  county  ;  and  T  was 
one  of  a  committee  of  several— I  do  not  know 
how  many — appointed  to  come  down  to  Carson 
and  confer  with  our  delegates  here,  expressing 
our  views  and  the  views  of  the  meeting  which 
appointed  us,  upon  that  Constitution.  The 
Constitution  had  been  published  from  time  to 
time,  and  we  were  in  various  ways  apprised  of 
its  provisions.  It  was  well  nigh  completed, 
and  it  met  with  entire  approval,  except  in  one 
or  two  i)arti(iilars.  We  came  here  to  confer 
with  our  delegates,  and  with  delegates  from 
other  portions  of  the  Territory,  and  we  told 
them  that  the  Constitution,  in  most  particulars, 
met  with  our  approval,  and  we  should  support  it 
heartily  and  cheerfully,  and  were  in  favor  of  a 


State  organization ;  but  that  if  the  objection- 
able features  referred  to  were  allowed  to  remain 
as  a  part  of  the  Constitution,  we  should  feel  it  to 
I)e  our  duty  to  ourselves  and  to  the  entire  peo- 
ple of  the'  Territory  to  opjjoso  that  Constitu- 
tion. Those  features  were  retained,  and  that 
Constitution  met  with  disapproval  and  strong 
resistance,  and  was  defeated.  Now  I  know, 
from  converations  with  many  people,  not  only 
in  the  county  which  I  have  the  honor,  in  part, 
to  represent,  but  with  people  from  other  sec- 
tions of  the  Territory,  that  this  Constitution 
which  I  hold  in  my  hand,  adopted  by  the  late 
Convention,  will  now  meet  with  their  approval 
if  those  few  objectionable  features,  to  which  I 
have  referred,  are  stricken  out  of  it,  and  if,  in 
perhaps  some  few  other  slight  particulars,  it 
should  be  amended. 

The  argument  of  ray  colleague  (Mr.  DeLong) 
that  the  old  Constitution,  if  adopted  as  the 
basis  of  the  one  we  are  about  to  frame,  will 
lead  to  opposition  merely  on  that  account,  and 
that  the  old  Constitution  might  have  met  with 
opposition  in  other  particulars  besides  those 
which  were  referred  to  before  the  people,  and 
will  meet  with  such  opposition  now,  if  taken  as 
a  basis  for  the  new  one  which  we  are  about  to 
form,  it  seems  to  me  goes  for  naught.  What- 
ever Constitution  we  frame,  >vhatever  we 
adopt  as  a  basis,  will  most  undoubtedly  meet 
with  some  opposition,  and  with  great  opposi- 
tion, perhaps  ;  but  I  do  not  think  that  any 
Constitution  can  be;  framed  by  this  Convention 
which  will  be  more  nearly  perfect,  and  more  in 
accordance  with  the  general  views  and  wishes 
of  the  people  of  this  Territory,  than  the  one 
which  was  formed  by  the  late  Convention,  withi 
the  exceptions  to  which  I  have  alluded. 

For  these  reasons,  and  for  many  others, 
which  1  shall  refrain  from  giving  at  this  time, 
I  hope  that  the  original  resolutions  as  pro- 
posed by  my  colleague  (Mr.  Chapin)  will  pre- 
vail. 

[The  PKKsinKXT  in  the  Chair.] 

Mr.  NOURSE.  I  only  wish  to  say  a  word  on 
this  matter  for  the  reason  that  1  want  to  .say 
that  word  which  the  well  known  modesty  of 
the  President  and  the  other  gentleman  who' 
were  members  of  the  former  Convention,  nat- 
urally will  not  allow  them  to  utter ;  that  is,, 
that  I  think  the  Constitution  adopted  by  the 
former  Convention  is  an  excellent  one  ;  [laugh- 
ter]. 1  think  that  that  Convention  performed  its 
duty  with  rare  lidelify  and  ability.  If  the  Cal- 
ifornia Constitution  I)e  suitalile  lor  us  because 
California  is  like  Nevada,  why  then  the  Ne- 
vada Constitution  is  more  suitable  In'cause 
Nevada  is  more  like  us  than  California  is.. 
[Laughter.]  This  Constitution  has  been  pre- 
pared by  our  best  talent,  and  with  a  full  con- 
sideration of  all  the  other  State  Constitutions, 
including  that  of  California. 

Now,  in  regard  to  the  argument  of  the  gen- 
tleman from  Storey  (Mr.  DeLong),  my  reading 
of  the  judicial  decisions  of  California  has  not 
been  such  as  to  inspire  me  with  any  profound 


2d  day.] 


BASIS  OF  CONSTITUTION. 


19 


Tuesday,] 


Collins. 


[July  5. 


respect,  either  for  the  decisions  of  California, 
or  for  the  judges  who  made  them.  While  there 
has  been  much  merit  in  some  of  them,  yet  in 
others,  so  far  as  I  can  judge,  I  do  not  think 
that  the  decisions  according  to  California,  upon 
matters  that  have  also  been  decided  in  other 
States — and  these  are  after  all  the  bulk  of  the 
decisions — are  such  as  would  be  entitled  to  or 
would  receive  much  weight ;  and  I  do  not  think 
that  the  bulk  of  the  California  decisions  upon 
questions  that  come  up  will,  after  a  little  while, 
have  as  much  weight  here  as  they  have  now. 
I  do  not  think  that  disputed  questions  that  may 
come  up  under  the  Constitution,  even  if  they 
be  in  the  very  wording  of  the  Constitution  of 
California,  will  by  any  means  necessarily  be 
deemed  to  have  been  settled  by  the  decisions 
which  the  Supreme  Court  of  California  may 
have  already  made  upon  the  same  questions. 
Therefore,  although  I  submit  these  views  with 
diffidence — having  come  here  as  an  immigrant, 
and  never  having  been  a  Californian — I  no  not 
give  as  much  weight  to  that  point  which  the 
gentleman  makes  as  to  others. 

I  confess  that  I  am  not  well  posted  in  the 
Constitution  of  California,  though  I  have  had 
occasion  to  examine  it  somewhat ;  but  I  have 
examined  this  Constitution  of  Nevada  with  a 
good  deal  of  care,  and  I  think  it  is  as  good  a 
one  as  I  ever  did  examine.  I  think  there  are 
changes  which  must  be  made,  on  account  of 
the  changed  condition  of  our  affairs,  and  some 
changes  in  principle,  perhaps  ;  but  I  think 
that  those  changes  will  be  much  more  slight 
than  would  have  to  be  made  in  any  other  Con- 
stitution which  we  might  adopt  as  a  basis  to 
meet  the  wants  of  our  people.  I  presume  that 
I  shall  have  myself  some  propositions  to  make, 
and  I  presume  that  they  will  be  voted  down 
[laughter]  ;  and  others  may  have  propositions 
to  make,  and  perhaps  they  will  be  voted  up  ; 
but,  on  the  whole,  I  am  satisfied  that  the  Con- 
stitution prepared  and  submitted  by  the  other 
Convention  was  not  voted  down  for  want  of 
merit  in  it  contained  ;  but  it  was  voted  down, 
rather,  because  the  people  did  not  want  a  State 
Government,  for  which  the  state  of  society  or 
the  state  of  litigation  has  now  produced  a  de- 
mand, bringing  about  a  great  revulsion  in  the 
feeling  of  the  Territory  on  that  subject.  I  be- 
lieve that  that  Constitution,  or  one  substantially 
like  it,  if  submitted  to  the  people  this  summer, 
will  carry,  and  under  it  we  will  grow  and  flour- 
ish, and  have  quite  as  good  a  state  of  society 
as  even  California  has. 

Mr.  COLLINS.  I  hope,  also,  that  the  amend- 
ment of  my  colleague  (Mr.  DeLong)  will  not 
prevail.  I  was  a  member  of  the  last  Constitu- 
tional Convention,  though  I  had  very  little  to 
do  with  the  framing  of  that  instrument,  on  ac- 
count of  a  severe  and  dangerous  attack  of  ill- 
ness, and  therefore  I  can  be  allowed  to  speak 
with  more  fulness  and  freedom  on  that  subject 
than  those  gentlemen  present  who  aided  in  the 
labors  of  that  Convention. 

In  the  first  place,  I  agree  with  the  gentleman 


from  Washoe  (Mr.  Nourse)  that  this  Constitu- 
tion— I  mean  the  Constitution  adopted  by  the 
last  Convention — is  well  adapted  to  meet  the 
wants  of  the  people  of  this  Territory,  with  a 
very  few  modifications.  I  well  remember  that 
in  that  Convention,  before  I  was  taken  sick, 
Judge  Bryan,  Governor  Johnson,  Mr.  Stewart, 
Judge  Brosnan,  and  other  members,  urged  with 
a  great  deal  of  force  the  propriety  and  impor- 
tance of  adopting  the  Constitution  of  the  State 
of  California  as  a  basis  for  the  framing  of  the 
new  Constitution.  And  I  know  that  I  received 
positive  information  from  two  or  three  of  those 
gentlemen,  subsequent  to  the  adoption  by  the 
Convention  of  the  California  Constitution  as  a 
basis,  that  where  it  was  deemed  advisable  to 
incorporate  the  language  of  the  Constitution 
of  California  into  the  new  Constitution,  especi- 
ally in  those  clauses  involving  cases  which 
might  arise  in  our  own  Courts,  similar  to  cases 
that  had  already  been  adjudicated  in  Califor- 
nia, they  would  incorporate  the  words  fully  and 
completely  which  they  found  in  the  Constitu- 
tion of  California,  in  order  to  meet  that  very 
want. 

And,  again,  with  the  gentleman  from  Washoe, 
I  have  not  that  very  profound  admiration  for  the 
judiciary  of  California — some  of  its  decisions, 
at  least — that  my  colleague  (Mr.  DeLong)  has. 
To  my  knowledge,  members  of  that  Supreme 
Court,  to  whom  have  been  accorded  great  ju- 
dicial and  legal  ability,  have  rendered  decis- 
ions that  subsequently  the  same  Court,  being 
differently  constituted,  has  reversed,  and  in 
many  instances  I  would  hardly  know  which 
side  of  those  judicial  decisions  I  would  take. 
As  the  gentleman  from  Washoe  has  remarked, 
I  do  not  believe  that  the  decisions  of  California 
will  be  binding,  er  will  to  a  great  extent  control 
the  Courts  of  Nevada.  We  are  different  from  Cal- 
ifornia. In  almost  every  respect  this  Territory 
may  be  declared  tohe sui generis.  There  is  nothing 
on  the  east  or  the  west,  the  north  or  the  south, 
like  her,  and  she  needs  a  Constitution  based 
upon  her  own  peculiarities —  a  Constitution 
adapted  to  her  own  condition — a  Constitution 
that  will  meet  the  wants  of  her  mining,  her 
agricultural,  and  such  other  interests  as  she 
may  have. 

I  regret,  however,  that  my  colleague,  (Mr. 
Chapin,)  should  have  presented  the  resolution 
ho  did,  providing  that  we  should  take  up 
this  Constitution  section  by  section.  This 
Constitution  was  adopted  with  great  care,  and, 
I  will  say,  without  any  disrespect  to  this  body, 
by  gentlemen  equally  as  competent,  I  think,  as 
this  Convention  ;  and,  after  its  adoption,  I  took 
a  great  deal  of  pains  to  read  the  newspapers  of 
this  Territory,  and  the  newspapers  of  California 
and  Oregon,  in  their  comments  in  regard  to  this 
Constitution,  and  their  general  judgment  was 
one  of  hearty  approval.  They  all  agreed,  with- 
out an  exception,  that  it  was  one  of  the  best 
instruments  of  the  kind  that  had  ever  been 
offered  to  a  people.  The  Convention  adopted 
it  after  five  or  six  weeks  of  hard  labor,  and  se- 


20 


BASIS  OF  CONSTITUTION. 


[2d  day 


Tuesday,] 


DeLoxg. 


[July 


rious  and  sober  deliberation.  The  members  of 
that  Cotivcatioa  came  fre^h  from  the  people, 
and  they  represented  their  constituents  faith- 
fully. It  was  submitted  to  the  people  for  their 
ralilication,  and  I  have  yet  to  learn  of  any  re- 
spectable body  of  men  ;  I  have  yet  to  learn  ol 
any  newspaper  in  this  Territory  ;  I  have  yet  to 
learn  of  any  individual  on  the  stump  in  this 
Territory,  that  e%-er  assailed  that  Constitution 
in  any  of  its  features,  save  and  except  those 
four  or  five  clauses  which  it  is  not  necessary 
for  me  at  this  time  to  nam<^  With  these  four 
or  five  exceptions,  it  was  all  and  every  thin,": 
that  the  people  could  possibly  desire.  1  ask. 
then,  why  this  change  in  our  feelings  at  the 
present  time?  I  a.«k,  then,  why  not  take  this 
Constitution  as  a  basis  of  our  new  Consti  tution  ? 
Let  us  adopt  this  Constitution  as  a  basi.s,  and 
then  I  would  say,  scatter  it  around  on  every 
desk,  give  each  member  twenty-four  hours  to 
write  out  any  emendations  or  additions  which 
he  may  think  necessary,  then  let  the  several 
propositions  be  referred  to  a  committee  for 
arrangement  and  segregation,  that  we  may  havt 
clearly  and  distinctly  before  the  minds  of  this 
Convention  the, several  alterations  that  may  be 
required,  and  upon  those  alterations  let  us  agree 
in  Committee  of  the  Whole.  Take  this  course, 
and  I  will  vouch  for  it  that  in  five  days'  time  w. 
will  have  this  Constitution  completed  and  ready 
to  be  submitted  to  the  people.  It  occurs  to  mu 
that  this  is  the  most  simple,  straightforward 
way.  I  can  hardly  see  the  propriety  or  reason 
for  pursuing  a  ditt'erent  course.  We  will  then 
take  up  those  sections,  considering  four  or 
five  alterations  proposed  by  me,  half  a  dozen 
by  my  colleague,  as  many  more  by  some  other 
gentleman,  and  so  on,  and  that  will  be  all  that 
will  be  necessary  to  consider  ;  after  which,  I 
have  no  doubt,  we  shall  be  ready  to  pass  it  as  a 
whole.  Then  why  spend  our  time  here,  run- 
ning up  a  bill  against  the  new  State  ?  Or 
why  should  the  Legislature  be  called  upon  to 
pass  upon  bills  that  may  be  created  here  in  the 
course  of  a  session  of  three,  four,  or  five  weeks  ; 
for  we  shall  be  compelled  to  continue  in  session 
for  that  length  of  time  if  we  take  it  up  section 
by  section,  whereas  the  work  might  all  bt 
done  in  four  or  five  days.  With  a  few  ex- 
ceptions, I  am  willing  to  give  this  Constitu- 
tion my  approving  vote  now  ;  and  you  an 
willing,  and  every  other  member  is  willing  to 
give  it.  his  vote,  after,  perhaps,  some  trifling 
amendments.  But  if  it  is  taken  up  .section  b)? 
section,  some  ni'-mbi'r  will  speak  upon  a  pro])- 
osition  in  it,  and  tlicu  I  may  feel  called  ni)oii 
to  rei)ly  i;y  some  remarks,  and  others  may  think 
it  necessary  to  defend  their  views,  and  thus  W( 
shall  spend  as  much  time  upon  it  as  though  W( 
took  the  Constitution  of  some  other  State.  It 
will  all  be  new  work. 

1  therefore  hope  that  some  gentleman  will 
move  that  each  inemlier  be  recpiested  to  maki 
such  amendm<;nts  as  he  desires  within  a  limited 
time,  and  that  then  we  go  into  Committee  ol 
the  Whole  and  act  upon  them,  and  that  there- 


after no  new  matter  be  introduced  unless,  per- 
haps, by  a  two-thirds  vote.  If  we  adopt  this 
plan,  I  fully  believe  that  four  or  five  days  will 
be  ample  to  complete  our  work. 

Mr.  DeLONG.  I  feel  heartily  gratified,  Mr. 
President,  to  find  how  cordially  I  am  supported 
in  my  views,  especially  by  members  of  my  own 
delegation.  [Laughter.]  In  the  first  place,  I 
am  assailed,  or  my  position  is  attempted  to  be 
beaten  down,  by  my  exceedingly  plausible  col- 
league who  rises  and  insists  that  it  is  abso- 
lutely preposterous  to  make  any  such  basis  as  I 
propose.  And  then  the  Chair  descends  from 
that  high  position  in  which  I  helped  to  place 
him,  and  gives  as  a  reason  why  my  views 
should  not  be  adopted,  the  impossibility  of  ob- 
taining a  sufficient  number  of  copies  of  the 
Constitution  of  the  State  of  California  for  the 
consideration  of  the  members  of  this  body. 
Now,  if  we  adopt  my  amendment  I  will  agree 
to  furnish  every  man  in  the  Convention  with 
a  copy  by  to-morrow  night,  and  if  Carson  be 
indeed  so  poor  that  she  has  not  twenty-five  or 
thirty  copies  within  her  limits,  I  can  procure 
them  from  my  own  city  by  return  of  mail. 

Now  one  word  also  in  reply  to  the  remarkable 
attack  upon  my  position  that  the  California 
Constitution  is  the  offspring  of  the  Constitution 
of  New  York.  I  did  not  state  that  it  was  liter- 
ally copied  from  that  of  New  York,  but  I 
Slated  that  it  w'as  drafted  in  its  general  princi- 
ples from  that  instrument,  and  I  still  so  state  ; 
and  in  support  of  the  position  [  assume,  I  re- 
fer the  Ciiair,  or  any  body  else,  to  the  reports 
of  the  debates  of  the  Constitutional  Convention 
of  California  which  framed  that  instrument. 

Then  it  is  said  that  the  California  Consti- 
tution was  taken  as  a  basis  when  this  Constitu- 
tion of  Nevada  was  drawn.  If  so,  then  the 
basis  I  propose  is  a  correct  one,  or  else  the 
basis  upon  which  this  Constitution  is  drafted 
must  be  wrong,  one  of  the  two.  Now,  sir, 
the  basis  being  correct,  why  should  we  adopt 
as  our  i)asis  a  basis  built  upon  another  basis 
rather  than  the  basis  upon  which  that  instru- 
ment was  originally  predicated  ? 

I  said  there  were  many  other  objections  to 
this  Constitution  of  Nevada  which  were  not 
urged  against  it  on  the  stump,  but  which  might 
have  been  taken  up,  and  would  have  been,  but 
that  it  was  sufficiently  assailable  upon  the 
points  upon  which  we  did  assail  it.  I  still  say 
that,  and  it  is  my  candid  belief,  taking  this  en- 
tire instrument  into  consideraton.  I  do  not 
care  if  it  has  been  overwiielmed  with  new.spaper 
com])linieuts.  Why,  sir,  they  always  compli- 
ment such  things.  Newspaper  editors  are  not 
always  the  most  competent  of  men.  and  do  not 
always  know  whether  a  thing  is  wise  or  unwi.se, 
nor  do  they  always  thoroughly  examine  it ; 
consequently,  their  endorsement  does  not  go 
far  with  me,  unless  I  am  sure  that  they  have 
iV(ll  considered  what  they  are  talking  about, 
which  is  not  commonly  the  case  with  newspa- 
per editors,  I  wish  to  say  further,  that  the 
basis   being  correct,   as  has   been    conceded, 


2d  day.] 


BASIS  OF  CONSTITUTION. 


21 


Tuesday,] 


Earl — Fitch — DeLong. 


[July  5. 


with  the  Constitution  of  California  before  us 
we  can  make  such  few  amendments  as  are  ne- 
cessary to  make  it  applicable  to  our  own  in- 
terests in  a  very  short  time. 

How  is  it,  I  should  like  to  know,  that  we  are 
such  a  peculiar  people  as  my  colleague  (Mr. 
Collins)  has  remarked,  different  from  the  North 
and  the  South  and  the  East  and  the  West?  I  do 
not  so  understand  it.  AVhat  is  the  paramount 
interest  of  our  Territory?  Why,  the  mining 
interest.  What  is  the  paramount  interest  of 
California  ?  The  mining  interest.  Where  do 
our  people  come  from  ?  There  are  immigrants 
here  from  every  portion  of  the  globe,  and  so 
there  are  in  California.  Our  people  and  the 
people  of  California  are  alike  in  that  respect. 
I  say  I  cannot  perceive  in  any  leading  particu- 
lar any  difference  between  our  wants  and  the 
necessities  for  a  good  government  for  us  and 
the  wants  and  necessities  of  California. 

These  gentlemen  have  backed  up  their  views 
by  assailing  the  Supreme  Court  of  California, 
and  even  my  worthy  friend,  the  immigrant,  as 
he  styled  himself,  informs  us  that  he  differs  with 
that  Court  in  its  decisions,  and  in  company 
with  my  colleague,  (Mr.  Collins.)  he  assails  the 
character  of  the  decisions  of  the  Supreme 
Court  of  California.  Now  I  think  I  know  the 
real  objection  that  my  worthy  colleague  has  to 
that  Court,  and  its  jurisprudence.  I  know  that 
that  gentleman  has  entertained  a  strong  antip- 
athy to  the  Supreme  Court  of  California,  ever 
since  the  time  when  that  Court  gave,  as  the 
saying  was.  "  the  law  to  the  North,  and  the  nig- 
ger to  the  South,"  in  the  decision  involving  the 
right  to  hold  the  slave  Archie.  But  I  know 
that  there  are  men  who  have  held  positions 
upon  that  Supreme  Court  Bench,  whose  equals 
as  lawyers,  and  as  judges,  are  not  to  be  found 
in  this  Territory  or  upon  the  Pacific  coast ;  and 
in  speaking  thus.  I  believe  I  shall  be  borne  out 
by  the  entire  legal  profession  in  this  Territory, 
and  in  California  also.  I  know  that  occasion- 
ally some  rather  shabby  decision  may  have 
been  made,  following,  perhaps,  on  the  heels  of 
some  unworthy  purpose  ;  but  still,  as  a  general 
thing.  I  guarantee  that  the  decisions  of  the  Su- 
preme Court  of  California  will  not  be  over- 
turned by  the  California  Courts  hereafter,  and 
hardly  can  be  by  our  Courts  here.  Then  if  my 
views  on  this  subject  are  correct,  the  adoption 
of  the  California  Constitution  as  a  basis  will 
save  this  people  an  immense  deal  of  litigation. 

I  made  this  proposition,  well  knowing  that  I 
should  meet  with  a  great  deal  of  opposition — 
that  kind  of  opposition  which  is  founded  upon 
that  principle  which  leads  the  indulgent  and 
delighted  mother  to  imagine  the  homeliest  baby 
in  Christendom  to  be  a  beauty,  and  to  claim 
that  others  ought  to  view  it  in  the  same  way. 
I  knew  very  well  that  the  members  of  the  Con- 
vention which  framed  this  Constitution  would 
be  likely  to  endorse  it,  but  I  hardly  expected 
that  their  converts  would  number  so  many  that 
they  would  be  able  to  carry  it  in  this  Conven- 
vention.    At  all  events,  I  have  considered  it 


my  duty  to  urge  the  adoption  of  the  California 
Constitution  as  a  basis.  I  believe  it  is  economy 
of  time,  and  if  we  take  it  up  section  by  section, 
and  consider  it,  I  do  not  believe  that  a  dozen 
features  of  it  will  ultimately  be  amended  by 
this  Convention ;  while  I  know  that  this  Con- 
stitution of  Nevada,  if  it  is  taken  as  the  basis, 
will  receive  multifarious  amendments.  This 
instrument  is  filled  with  legislation,  and  the 
people  have  shown  that  they  are  opposed  to 
legislation  in  the  Constitution  It  fixes  the  sal- 
ary of  State  officers ;  it  ties  the  hands  of  the 
Legislature,  so  as  to  give  it  scarcely  anything 
to  do  ;  and  I  recollect  that  that  feature  in  par- 
ticular, met  with  the  greatest  amount  of  sarcasm 
last  fall.  It  was  said  then,  and  very  justly  too, 
that  the  Constitutional  Convention  which  met 
one  year  ago,  seemed  to  be  impressed  with  the 
idea  that  it  contained  the  only  wise,  just,  true, 
and  honest  men  that  were  ever  going  to  be.  or 
ever  could  be  got  together  in  this  Territory, 
and  that  they  consequently  went  to  work  to 
legislate,  to  fix  salaries,  and  to  do  everything 
else,  and  left  the  Legislature  nothing  whatever 
to  do  but  to  enact  into  laws  those  strange  and 
wild  provisions  which  are  to  be  found  in  no 
other  fundamental  law  in  Christendom.  I  know 
that  these  things  have  had  weight  with  many 
men,  and  I  am  satisfied  that  much  more  of  op- 
position will  be  manifested  against  our  work, 
if  we  take  this  Constitution  of  Nevada  as  a 
basis,  than  if  we  take  as  our  basis  that  which 
they  say  was  the  basis  of  this,  namely,  the  Con- 
stitution of  the  State  of  California. 

Mr.  EARL.  I  offer  this  resolution  as  a  sub- 
stitute : — 

Resolved,  That  eacli  member  of  this  Convention  be 
requested  to  hand  in,  by  to-morrow,  at  ten  o'clock,  A. 
M.,  such  amendments  and  changes  as  he  may  deem  ne- 
cessary to  be  made  in  the  Constitution  formed  for  the 
so  called  State  of  Nevada ;  and  that  such  changes  shall 
be  considered  in  Committee  of  the  Whole,  and  the  re- 
mainder of  the  Constitution  shall  be  adopted  in  Com- 
mittee of  the  Whole  to-morrow. 

Mr.  FITCH.  I  rise  to  a  point  of  order. 
There  is  already  an  amendment  pending,  and 
the  substitute  is  not,  therefore,  in  order. 

The  PRESIDENT.  A  substitute  was  offered, 
which  has  been  voted  down,  and  the  question 
now  is  upon  the  amendment  of  the  gentleman 
from  Stoi-ey,  (Mr.  DeLong.)  The  Chair  thinks 
the  substitute  is  in  order. 

Mr.  DeLONG.  I  would  like  to  have  the  time 
changed.  I  think  to-morrow  morning  would 
give  us  too  short  a  time. 

Mr.  EARL.  It  seems  to  me  that  this  resolu- 
tion will  save  us  torrents  of  talk.  All  we  want 
IS  to  get  on  with  our  business,  and  in  this  way 
we  can  cut  short  an  immense  amount  of  argu- 
ment. This  Constitution  is  undoubtedly  as 
good  a  one  as  we  can  expect  to  get  up.  We 
have  had  the  experience  of  those  who  have 
gone  before  us,  and  they  have  given  their  care- 
ful attention  to  the  subject,  and  all  we  need  is 
to  make  a  few  changes.  So  far  as  I  am  con- 
cerned I  have  already  taken  a  copy  of  it,  and 
marked  in  it  all  the  changes  I  desire  to  pro- 


22 


BASIS  OF  CONSTITUTION. 


[2d  day. 


Tuesday,] 


NouRSE— Earl — Fitch —Crosman — President— Chapin. 


[July  5. 


pose.  I  think  others  caa  do  the  same  in  a  short 
time,  and  in  that  way  I  have  no  doubt  we  can 
get  through  our  work  in  a  few  days. 

Mr.  NOURSE.  I  would  like  my.self  to  change 
that  resolution,  so  as  make  it  apply  only  to  a 
portion  of  the  instrument.  It  seems  to  me  that 
it  is  rather  forcing  matters  to  require  us  to  exam- 
ine the  whole  thing  before  to-morrow  morning, 
and  be  prepared  then  to  offer  our  amendments, 
or  else  to  be  cut  ofl",  finally.  It  is  more  of  a 
task  than  I  can  perform,  for  one,  to  read  through, 
and  carefully  consider  this  whole  document ; 
and  I  suggest  the  propriety  of  only  taking  the 
first  three  articles  for  to-morrow,  and  then  two 
or  three  more  for  the  next  day.  and  so  on.  It 
strikes  me  that  the  resolution,  as  it  stands,  is 
slightly  overrating  our  ability. 

Mr.  EARL.  I  will  accept  an  amendment,  if 
the  gentleman  desires,  requiring  the  amend- 
ments to  be  offered  to  all  that  part  of  the  Con- 
stitution up  to  the  fifth  Article. 

Mr.  FITCII.  I  will  make  a  suggestion,  which, 
if  adopted,  will  enable  us  to  save  several  days' 
time.  If  we  take  up  some  of  the  first  of  these 
Articles  first — the  Bill  of  Rights,  the  right  of 
suffrage,  and  other  things  liable  to  provoke  dis- 
cussion—  we  shall  be  likely  to  occupy  several 
days'  time  in  their  consideration.  This  being 
the  early  part  of  the  session  of  the  Convention, 
gentlemen  will  feel  more  at  liberty  to  speak  at 
length.  But  if  we  leave  those  things,  and  com- 
mence in  the  middle,  going  through  the  Consti- 
tution to  the  end,  and  leaving  those  controverted 
subjects  to  the  last,  probably  members  will  be 
considerably  tired  of  sitting  here,  and  not  dis- 
posed, therefore,  to  occupy  so  much  time  in  the 
consideration  and  discussion  of  those  sections. 
The  latter  portion  of  the  Constitution  will  not 
lead  to  much  discussion,  and  in  the  way  I  have 
proposed,  we  can  shorten  the  time  considerably. 

Mr.  EARL.  Perhaps,  then,  we  had  better 
commence  with  Article  VIII,  and  consider  the 
latter  portion  of  the  Constitution  first. 

Mr.  CRO.S.MAN.  I  think  there  had  better  be 
an  amendment  to  this  sulmtitute,  if  it  is  going 
to  be  adopted,  providing  that  a  standing  com- 
mittee be  appointed  upon  the  schedule.  That 
is  a  matter,  it  strikes  me,  which  it  would  be  im- 
possilde  to  arrange  in  the  manner  propo.sed  by 
either  of  the  resolutions  originally  offered,  or 
the  substitute.  It  strikes  me  that  it  is  neces- 
sary to  have  a  committee  on  the  schedule  to 
arrange  for  the  change  from  the  Territorial  to 
the  State  organization,  and  for  that  reason  I  of- 
fer an  amendment  to  the  snlistitute,  that  a  com- 
milt"(;  of  fiv  •  be  appointi'd  upon  the  schedule. 

The  PRESIDENT,  i  tliiiik  gentlemen  are 
proceeding  too  fast.  We  have  here,  first,  a 
proposition  to  adopt  the  old  Constitution  as  a 
basis  ;  then  an  amendment  to  adopt  the  Con- 
stitution of  the  State  of  California  as  a  basis  ; 
and  finally  a  suljstitute  is  offered  for  the  latter. 
I  think  no  furtiier  amendments  can  be  enter- 
tained at  this  time.  If  the  Convention  will 
tolerate  a  suggestion,  I  would  say  that  the 
schedule  should  be  the  last  matter  to  consider, 


because  everything  else  must  be  first  proposed 
and  acted  upon,  before  you  can  know  how  to 
make  it  harmonious  in  all  its  different  parts. 
I  trust  that  gentlemen  will  not  propose  amend- 
ments so  fast  that  we  shall  lose  sight  of  our 
starting  point.  The  question  was,  first,  on  the 
resolution  to  adopt  the  Constitution  of  Ne- 
vada as  a  basis  ;  then  on  the  amendment  to 
that,  adopting  the  Constitution  of  California  ; 
and  now  the  question  comes  on  the  substitute 
or  amendment,  offered  by  the  gentleman  from 
Storey.  (Mr.  Earl.) 

Mr.  DeLONG.  I  rise  to  a  point  of  order.  It 
is,  that  tJie  pi-oposition  of  my  colleague,  (Mr. 
Earl),  is  not  a  substitute,  because  it  does  not 
relate  to  the  subject  matter  of  the  original  mo- 
tion. 

The  PRESIDENT.  It  embraces  a  part,  at 
least,  of  the  subject  matter  ;  but  the  Chair  will 
suggest  that  it  will  simplify  matters  to  take  the 
vote  first  on  the  original  proposition. 

Mr.  EARL.  In  order  to  get  a  vote  upon  that 
proposition.  I  will  withdraw  my  motion  for  the 
present,  and  after  the  vote  is  taken  I  will  offer 
my  resolution. 

Mr.  CHAPIN.  I  am  glad  the  gentleman  has 
withdrawn  it,  for  I  am  not  willing  to  ask  mem- 
bers who  are  comparatively  unacquainted  with 
it  to  take  this  whole  document  and  swallow  it 
at  once,  without  even  reading  it,  or  having  an 
opportunity  of  intelligently  passing  upon  it. 
I  believe  we  ought  not  to  do  that. 

The  PRESIDENT  (interrupting.)  The  only 
question  now  is  on  the  original  motion,  with 
the  pending  amendment  of  the  gentleman  from 
Storey  (Mr.  DeLong)  to  substitute  the  Consti- 
tution of  California. 

The  question  was  taken  on  Mr.  DeLong'a 
amendment,  and  it  was  not  agreed  to. 

The  question  recurred  on  the  original  reso- 
lution offered  by  Mr.  Chapin. 

Mr.  P]ARL.  I  will  now  offer  my  resolution 
as  an  amendment  to  that  resolution. 

The  Secretary  read  the  proposed  amendment, 
which  had  been  modified,  as  follows: — 

Resolved,  That  each  member  of  this  Convention  be 
requested  to  hand  in  by  to-morrow,  at  10  o'clock,  A.  M. 
siicli  amendments  as  he  may  deem  necessary  to  that 
portion  of  the  Constitution  formed  for  the  "so-called 
State  of  Nevada  which  commences  vnih  Section  8  and 
continues  to  the  end  of  said  Constitution;  and  that 
such  changes  be  considered  in  Committee  of  the  Whole 
to-morrow,  and  that  the  remainder  of  said  Constitution 
be  adopted. 

Mr.  IIAWLEY.  Does  the  gentleman  include 
the  schedule  ? 

Mr.  EARL.    I  include  all  after  Section  8. 

Mr.  NOURSE.  I  move  to  amend  so  as  to 
read,  ••commencing  with  Article  IV."  That 
will  take  in  the  whole  Legislative  Department, 
and  I  think  there  is  likely  to  be  as  little  dis- 
cussion there  as  anywhere.  I  mean  to  include 
only  Article  IV. 

Mr.  FITCII.  I  suggest  that  we  take  in  Ar- 
ticles IV,  V,  and  VI.  That  is  about  as  much 
as  we  can  do  in  one  day's  work. 

The  PRESIDENT.     The  Chair  will  suggest 


2d  day.] 


BASIS  OF  CONSTITUTION. 


23 


Tuesday,] 


Earl — Fitch— Brosnan — Banks. 


[July  5. 


to  the  gentleman  from  Storey,  (Mr.  Earl,)  that 
his  motion  now  embraces  the  schedule,  and 
gentlemen  will  see  that  it  will  be  impossible 
to  complete  that  until  we  have  completed  the 
balance  of  the  instrument. 

Mr.  EARL.  I  suggest  that  we  take  up  from 
Article  V  to  Article  VIII,  inclusive,  and  con- 
sider the  remainder.  Certainly,  it  seems  to  me 
that  any  gentleman  could  take  up  this  whole 
document,  after  having  had  it  before  him  for  a 
month,  and  no  doubt  made  up  his  mind  upon 
its  provisions,  as  nearly  every  gentleman  prob- 
ably has  done,  and  state  what  changes  he 
thinks  are  necessary.  I,  for  one,  can  make  all 
the  changes  necessary  in  my  opinion  between 
now  and  to-morrow  at  10  o'clock  ;  in  fact,  I 
have  done  so  since  yesterday,  and  have  marked 
them  all  in  my  copy.  I  think  I  will  fall  back 
on  my  original  motion,  to  take  it  all  up  from 
the  first  to  the  fifth  articles. 

Mr.  FITCH.  I  will  move,  as  an  amendment, 
that  we  commence  by  taking  up  Articles  III, 
IV,  V,  and  VI,  that  is,  "  the  distribution  of 
powers,"  and  the  legislative,  executive  and 
judicial  departments.  If  that  is  too  much  to 
consider  in  one  day,  it  is  not  too  much,  I  think, 
for  gentlemen  to  go  over  and  prepare  their 
amendments  to  in  one  evening.  We  can  take 
up  those  four  articles,  and  if  we  do  not  succeed 
in  getting  through  with  them  in  one  day,  we 
can  take  another  day  for  them.  I  trust  the 
gentleman  will  not  insist  on  our  considering 
the  first  and  second  articles  at  present,  namely, 
the  "  Bill  of  Rights  "'  and  the  '•  Right  of  Suf- 
frage," which  would  be  calculated  to  produce 
an  immense  amount  of  discussion  at  this  time. 
I  make  my  motion,  Mr.  President,  upon  the 
hypothesis  that  the  motion  of  the  gentleman 
from  Storey  (Mr.  Chapin)  be  adopted,  making 
this  Constitution  the  basis.  My  amendment 
will  simply  be  that  Articles  IV,  V,  and  VI  be 
noted  for  to-morrow. 

Mr.  EARL.    I  will  accept  the   amendment. 

Mr.  BROSNAN.  I  do  not  see  the  object  of 
this  proposition  ;  I  cannot  see  that  it  econo- 
mizes time  at  all.  If  we  are  to  have  discus- 
sion upon  the  first,  or  upon  the  second  article, 
it  must  come  at  some  time,  and  we  may  as  well 
have  it  at  once.  I  am  one  of  those  who  think 
that  if  I  have  to  meet  the  devil  on  the  way,  I 
would  prefer  to  meet  him  boldly,  in  front,  at 
the  outset,  and  then,  after  overcoming  him,  my 
journey  is  smooth  and  easy  the  rest  of  the  way. 
I  therefore  see  no  use  in  adopting  this  proposi- 
tion aud  commencing  at  the  middle  of  our 
work.  I  think  the  more  direct,  as  well  as  the 
most  expeditious  way,  is  to  commence  with 
Article  I,  and  go  through  our  work  in  its  reg- 
ular sequence.  If  we  can  get  through  with  Arti- 
cle I,  well  and  good  ;  or  if  we  can  finish  the  first 
and  second  Articles  in  one  day,  so  much  the 
better.  At  any  rate,  we  shall  know  that  we 
are  progressing  on  our  journey  in  a  consecutive 
and  harmonious  manner.  lam  decidedly  op- 
posed to  the  amendment,  the  proposition,  or 
the  suggestion,  whatever  it  may  be  called,  pre- 


sented by  my  colleague  on  my  right,  (Mr.  Fitch), 
and  I  had  thought  that  the  proposition  made 
by  my  other  colleague,  (Mr.  Chapin),  as  orig- 
inally made,  would  cover  the  whole  ground. 
It  may  be  said  that  by  taking  up  this  first  Ar- 
ticle in  Committee  of  the  Whole,  it  will  be 
necessary  to  read  it  through.  Undoubtedly  it 
will  have  to  be  read  through  in  Committee  of 
the  Whole,  and  then,  after  any  amendments 
which  may  be  moved  are  acted  upon,  we  adopt 
it  in  committee  and  report  it  to  the  house, 
where  it  is  passed,  and  there  is  an  end  of  it. 
When  we  come  to  a  section  that  needs  amend- 
ment, in  order  to  satisfy  gentlemen,  if  we  can- 
not agree  readily  upon  such  amendment,  the 
Convention  may  refer  the  section  to  a  special 
committee,  to  report  subsequently,  and  go  on 
with  the  consideration  of  the  following  sections. 
I  do  think  that  is  the  best  and  most  expeditious 
way,  and  I  hope  all  these  amendments  will  be 
voted  down. 

Mr.  FITCH.  I  am  perfectly  willing,  as  well 
as  my  colleague,  to  meet  the  devil  boldly  in  the 
face  ;  but  if  it  be  necessary  to  have  a  contest 
with  him,  I  prefer  that  it  should  be  limited  in 
duration.  I  am  quite  confident  that  if  we  com- 
mence the  deliberations  of  the  Convention  by 
considering  the  proposition  in  the  first  and  sec- 
ond Articles — if  we  begin  with  the  discussion 
of  the  much  vexed  question  of  the  paramount 
allegiance  clause,  or  the  equally  vexed  question 
of  allowing  the  right  of  suffrage  to  persons  who 
have  been  in  arms  against  the  Government,  I 
am  quite  sure,  from  what  I  have  learned  of 
the  views  of  members  here,  that  the  discussion 
will  keep  us  in  session  till  doomsday,  or,  at 
least,  till  the  patience  of  the  Convention  is  worn 
out,  before  we  come  to  any  conclusion.  But 
let  us  go  on  and  discuss  first  the  more  practical 
questions — those  principles  upon  which  we  are 
to  form  our  local  government,  and  by  the  time 
we  have  disposed  of  them,  we  shall  perhaps 
have  consumed  so  much  of  the  time  of  the  Con- 
vention, and  have  so  wearied  members  out  with 
speeches,  that  they  will  be  willing  to  let  us  otf 
with  perhaps  only  one  day  upon  "  paramount 
allegiance,"  and  another  on  the  "  right  of  suf- 
frage." They  will  say,  ''  Any  way  to  get  rid 
of  it  and  enable  us  to  go  home."  But  if  we 
get  into  these  discussions  now,  they  will  con- 
sume four  or  five  days  at  least.  For  these  rea- 
sons I  am  for  postponing  those  sections  which 
are  likely  to  provoke  discussion  until  we  have 
disposed  of  and  settled  those  which  are  not 
likely  to  provoke  discussion. 

Mr.  BANKS.  I  understand  the  question  to 
be  this  :  shall  we  commence  at  the  beginning 
of  our  work  and  pursue  it  regularly  in  the  or- 
dinary course  of  a  business-like  transaction,  or 
shall  we  commence  in  the  middle  of  our  work  ? 
Now,  any  man  of  ordinary  experience  in  life 
would  say,  upon  general  principles,  that  it  is 
best  to  commence  at  the  beginning.  What  rea- 
sons, tlien,  have  we  heard  offered  for  changing 
the  rule  which  governs  in  the  ordinary  afiliiis 
of  life?   Simply  such  reasons  as  are  based  upon 


24 


BASIS  OF  CONSTITUTION. 


[2d  day. 


Tuesday.] 


Banks. 


[July  5. 


the  assumption  that  we  are  not  a  grave,  delib- 
erative body,  but  a  mere  set  of  schoolboys,  inca- 
l»ablp  ot  regulating  our  own  conduct,  incapable 
of  doing  what  we  all  feel  to  be  necessary  and 
right,  and  then  going  home.  But  I  think  the 
logic  of  those  gentlemen  is  singularly  defective 
in  this  particular,  that  they  insist  upon  our 
putting  otf  the  hardest  work  until  the  last  part 
of  the  session.  On  the  other  hand.  I  insist  that 
it  will  be  much  better  to  take  up  those  sections 
which  are  likely  to  consume  most  time  at  the 
lirst.  ))ecause  that  will  give  all  of  us  an  oppor- 
tunity to  investigate  the  remaining  portions  of 
the  Constitution  at  our  leisure  moments,  while 
in  public  here  we  are  considering  and  debating 
those  ditficult  propositions.  It  will  give  us  an 
opportunity  in  the  evenings  and  mornings,  and 
at  all  times  when  we  are  not  here  in  session,  to 
consider  the  grave  questions  arising  in  this 
Constitution.  I  confess,  for  one,  that  although  I 
have  had  considerble  experience  in  deliberative 
bodies,  yet  I  am  not  prepared,  and  will  not  be 
prepared  until  I  have  heard  everything  within 
the  bounds  of  reason  which  is  to  be  offered,  pro 
and  con.,  concerning  each  of  those  propositions, 
to  decide  what  will  be  my  vote  upon  them.  If 
gentlemen  here  are  so  wise  as  to  be  able  to  sit 
down  in  a  room  by  themselves,  and  without  any 
discussion,  or  comparison  of  views,  decide  what 
they  will  or  will  not  do  in  every  case,  why,  all 
I  can  .say  is,  that  they  possess  more  wisdom 
than  any  man  with  whom  it  has  been  my  for- 
tune to  communicate  in  regard  to  the  forma- 
tion of  views.  Therefore,  I  hope  that  the  sug 
gestion  just  now  made  by  the  gentleman  from 
Storey,  (Mr.  Brosnan),  will  prevail.  Let  each 
man.  as  he  finds  time,  prepare  any  amendments 
he  may  deem  necessary,  bring  ttiem  in  on 
paper,  and  present  them.  I  insist  that  we  ought 
to  take  up  the  first  Article  and  pass  through  it. 
and  then  the  next  Article,  in  the  ordinary  course 
of  business,  and  so  on  till  we  get  through  Mith 
the  whole  instrument,  and  when  we  get  through 
we  shall  be  ready  to  adjourn. 

Mr.  EARL'S  amendment  was  modified  so  as 
to  read  as  follows  : — 

Hi:s'ili'ed,  That  (',a<-h  member  of  this  Convention  be 
rcqiK-stj-d  to  hand  in  by  to-morrow,  at  10  o'clock,  A.  M., 
Huch  ami.-iidnii'ntH  an  he  may  deem  necessary  to  that 
IKirtion  of  the  Constitution  formed  for  the  so-called 
State  of  Nevada,  as  may  be  emboided  in  the  Illd,  IVth, 
Vth  and  Vlth  Articles,  and  that  the  said  Articles  be  con- 
sidered in  Committee  of  the  Whole,  to-morrow. 

The  question  was  taken,  and  the  amendment 
was  not  agreed  to. 

The  question  was  taken  on  the  original  reso- 
lution, as  proposed  by  Mr.  Chapin,  and  it  was 
agreed  to. 

So  the  Con.stltution  framed  by  the  Conven- 
tion of  1SC3  was  adopted  as  a  basis,  as  fol- 
lows : — 

PREAMBLE. 

We,  the  people  of  the  State  of  Nevada,  prateful  to 
Almighty  God  for  our  freedom,  in  order  to  secure  its 
blessings,  insure  domestic  tranquility,  and  form  a  more 
perfect  (iovernment,  do  establish  this  Constitution. 


ARTICLE  L 


DECLAJRATION   OF   RIGHTS. 

Section  1.  All  men  are  by  nature  free  and  equal, 
and  have  certain  inalieniilik-  rights,  among  which  are 
those  of  enjoying  and  dctVnding  life  and  liberty;  ac- 
quiring, jjossessing  aiul  jirotectiiig  property;  and  pur- 
suing and  obtaining  sut'ity  ami  hai)piness. 

Sec.  2.  All  political  powrr  is  inherent  in  the  people. 
Government  is  instituted  for  the  iirotection,  security 
and  benefit  of  the  people ;  and  they  have  the  right  to 
alter  or  reform  the  same  whenever  the  xjublic  good  may 
require  it.  But  the  paramount  allegiance  of  every  cit- 
izen is  due  to  the  Federal  Government;  and  no  power 
exists  in  the  joeoiole  of  this  or  any  other  State  of  the 
Federal  Union  to  dissolve  their  connection  therewith, 
or  perform  any  act  tending  to  impair,  subvert  or  resist 
the  suiireme  antliority  of  the  (iovernment  of  the  United 
States.  The  Constitution  of  the  United  States  confers 
full  power  on  the  Federal  Government  to  maintain  and 
perpetuate  its  existence,  and  whensoever  any  portion 
of  the  States,  or  people  thereof,  attempt  to  secede  from 
the  Federal  Union,  or  forcibly  resist  the  execution  of 
its  laws,  the  Federal  Government  may,  by  warrant  of 
the  Constitution,  employ  armed  force  in  compelling 
obedience  to  its  authority. 

Sec.  3.  The  right  of  trial  by  jury  shall  be  secured 
to  all,  and  remain  inviolate  forever;  but  a  jury  trial 
may  be  waived  liy  the  parties,  in  all  ci^'il  cases,  in  the 
manner  to  be  prescribed  by  law;  and,  if  three-fourths 
of  the  jurors  agree  upon  a  verdict,  it  shall  stand  and 
have  the  same  force  and  effect  as  a  verdict  by  the  whole 
jury;  provided,  the  Legislature,  by  a  two-third  vote  of 
each  branch  thereof,  may  require  a  unanimous  verdict 
uotmthstanding  this  provision. 

Sec.  4.  The  free  exercise  and  enjoyment  of  religious 
lirof(!ssion  and  worship,  without  discrimination  or  pref- 
erence, shall  forever  be  allowed  in  this  State;  and  no 
person  shall  be  rendered  incompetent  to  be  a  witness 
on  accoiint  of  his  opinions  on  matters  of  religious  be- 
lief: but  the  liberty  of  conscience  hereby  secured  shall 
not  be  so  construed  as  to  excuse  acts  of  licentiousness,, 
or  justify  practices  inconsistent  with  the  iicace  or  safety^ 
of  this  State. 

Sec.  ,').  The  privilege  of  the  \\Tit  of  habeas  corpus 
shall  not  be  suspended,  unless  when,  in  cases  of  rebel- 
lion or  invasion,  the  public  safety  may  require  its  sus- 
jiension. 

Sec.  6.  Excessive  bail  shall  not  be  required,  nor  ex- 
cessive lines  imposed,  nor  shall  cruel  nor  unusual  pim- 
ishment  be  inflicted,  nor  shall  witnesses  be  unreason- 
ably detained. 

Sec.  7.  All  pers(jns  shall  be  bailable  by  sufficient 
sureties ;  unless  for  oai^ital  offenses,  when  the  proof  is 
cedent  or  the  prcsuiuiJtion  great. 

Sec.  8.  No  person  shall  be  held  to  answer  for  cap- 
ital or  otherwise  infamous  crime,  (except  in  cases  of 
impeachment,  and  in  cases  of  the  militia  when  in  actual 
service,  and  the  land  and  naval  forces  in  time  of  war, 
or  which  this  State  may  keep,  with  the  consent  of  Con- 
gress, in  time  of  ]ieace,  and  in  cases  of  petit  larceny,, 
under  the  regulation  of  the  Legislature,)  except  on  pre- 
sentment or  indictment  of  a  grand  jury;  and  in  any 
trial  in  any  court  whatever,  the  party  accused  shall  be 
allowed  to  appear  and  defend  in  person  and  with  coun- 
sel, as  in  civil  actions.  No  person  shall  be  subject  to 
be  twice  put  in  jeojiardy  for  the  sauKi  ofren.se;  nor  shall 
he  be  coiupilkd.  in  any  criminal  case,  to  be  a  wit- 
ness against  liimsill'.  nor  be  deprived  of  life,  liberty,  or 
property,  without  due  process  of  law  ;  nor  shall  pri- 
vate property  hv  taken  for  jiublic  use  \vithoutjusrt  com- 
pensation having  been  first  jnade  or  sectired,  except  in 
casesof  war,  riot,  fire,  or  great  jiublic  peril,  in  which  case 
comjiensation  shall  be  afterwards  made. 

Kkc.  !I.  lOvery  citizen  may  freely  speak,  write  and:. 
puljUsh  his  sentiments  on  all  sulyects,  being  resijonsi-. 
ble  for  the  abuse  of  that  right;  and  no  law  shall  be- 
passed  to  restrain  or  abridge  the  liberty  of  speech  or- 
of  the  press.  In  all  criminal  prosecutions  and  civil 
■ictions  for  libels,  the  truth  may  l)e  given  in  evidence 
to  the  jury;  and  if  it  shall  appear  to  the  jury  that  the 
matter  (charged  as  libelous  is  triKs  and  was  pviblished 
with  good  mf>tives  and  for  justifiable  i-nds,  the  party 
shall  be  ac<iuitled  or  exonerated;  and  the  jury  shall- 
have  the  right  to  determine  the  law  and  the  fact. 


[2d  day. 


BASIS  OF   CONSTITUTION. 


25 


Tuesday,] 


[July  5. 


Sec.  10.  The  people  shall  have  the  right  freely  to 
assemble  together  to  consult  for  the  common  good,  to 
instruct  their  representatives,  and  to  petition  the  Leg- 
islature for  redress  of  grievances. 

Sec.  11.  The  Legislature  shall  not  grant  to  any  cit- 
izen, or  class  of  citizens,  ijrivileges  or  immunities, 
which,  upon  the  same  terms,  shall  not  equally  belong 
to  all  persons. 

Sec.  12.  The  military  shall  be  subordinate  to  the 
civil  power.  No  standing  army  shall  be  maintained  by 
this  State  in  time  of  peace,  and  in  time  of  war  no  ap- 
propriation for  a  standing  army  shall  be  for  a  longer 
time  than  two  years. 

Sec.  13.  No  soldier  shall,  in  time  of  peace,  be  qiiar- 
tered  in  any  house  without  the  consent  of  the  owner, 
nor  in  time  of  war  except  in  the  manner  to  be  pre- 
scribed by  law. 

Sec.  14.  Representation  shall  be  apjportioned  accord- 
ing to  population. 

Sec.  15.  The  privilege  of  the  debtor  to  enjoy  the 
necessary  comforts  of  life  shall  be  recognized  by  whole- 
some laws,  exempting  a  reasonable  amount  of  proijerty 
from  seizure  or  sale  for  ijayment  of  any  debts  or  ha^ 
bilities  hereafter  contracted ;  and  there  shall  be  no  im- 
prisonment for  debt,  except  in  case  of  fraud,  and  no 
person  shaU  be  imprisoned  for  a  militia  fine  in  time  of 
peace. 

Sec.  16.  No  bill  of  attainder,  ex-post  facto  law,  or 
law  impairing  the  obligation  of  contracts,  shall  ever  be 
passed. 

Sec.  17.  Foreigners  who  are  or  who  may  hereafter 
become  bona  fide  residents  of  this  State,  shall  enjoy  the 
same  rights,  in  respect  to  the  possession,  enjoyment, 
and  inheritance  of  property,  as  native-born  citizens. 

Sec.  18.  Neither  slavery  nor  involuntary  servitude, 
unless  for  the  punishment  of  crimes,  shall  ever  be  tol- 
erated in  this  State. 

Sec.  19.  The  right  of  the  people  to  be  secure  in  their 
persons,  houses,  papers,  and  effects,  against  unreason- 
able seizures  and  searches,  shall  not  be  violated ;  and 
no  warrant  shall  issue  but  on  x^robable  cause,  supported 
by  oath  or  affirmation,  jjarticularly  describing  the  place 
to  be  searched,  and  the  persons  and  things  to  be  seized. 

Sec.  20.  Treason  against  the  State  shall  consist  only 
in  levying  war  against  it,  adhering  to  its  enemies,  or 
giving  them  aid  and  comfort. 

Sec.  21.  This  enumeration  of  rights  shall  not  be 
construed  to  impair  or  deny  others  retained  by  the 
people. 

ARTICLE  11. 

EIGHT  OF   SUFFRAGE. 

Section  1.  Every  white  male  citizen  of  the  United 
States,  (not  laboring  under  the  disabOities  named  in  this 
Constitution,)  of  the  age  of  twenty-one  years  and  up- 
wards, who  shall  have  resided  in  the  State  six  months, 
and  in  the  district  or  coimty  thirty  days  next  preceding 
any  election,  shall  be  entitled  to  vote  for  aU  officers 
that  now  are  or  hereafter  may  be  elected  by  the  people, 
and  upon  aU  questions  submitted  to  the  electors  at  such 
election. 

Sec.  2.  No  person  who  has  been  or  may  be  convicted 
of  treason  or  felony,  in  any  State  or  Territory  of  the 
United  States,  unless  restored  to  civil  rights,  and  no 
person  who,  after  arriving  at  the  age  of  eighteen  years, 
shall  have  voluntarily  borne  arms  again.st  the  United 
States,  or  held  civU  or  military  office  under  the  so-called 
Confederate  States,  or  either  of  them,  unless  an  am- 
nesty be  granted  to  such  by  the  Federal  Government, 
and  no  idiot,  insane,  or  disloyal  person,  shall  be  enti- 
tled to  the  privilege  of  an  elector. 

Sec.  3.  For  the  purpose  of  voting,  no  person  shaU 
be  deemed  to  have  lost  a  residence  by  reason  of  his 
absence  whUe  employed  in  the  service  of  the  United 
States  or  of  this  State,  nor  gained  a  residence  whUe  a 
student  In  any  seminary  of  learning. 

Sec.  4.  No  soldier  in  the  army  of  the  United  States 
shall  be  deemed  a  resident  of  this  State  in  consequence 
of  being  stationed  vrithin  this  State. 

Sec.  5.  The  right  of  suffrage  shall  be  enjoyed  by  aU 
persons  otherwise  entitled  to  the  same  who  may  be  ab- 
sent from  this  State  In  the  military  or  naval  service  of 
the  United  States  ;  promded,  that  the  payment  of  a  poU 
tax,  or  registration  of  such  a  voter,  shall  not  be  required 
as  a  condition  to  the  right  of  voting.    Provision  shall 


be  made  by  law,  regulating  the  manner  of  voting,  hold- 
ing elections,  and  making  returns  of  such  elections. 

Sec.  6.  During  the  day  on  which  any  general  elec- 
tion shall  be  held  in  this  State,  no  qualified  elector  shall 
be  arrested  by  virtue  of  any  civil  process. 

Sec.  7.  All  elections  by  the  people  shall  be  by  ballot, 
and  aU  elections  by  the  Legislature,  or  by  either  branch 
thereof,  shall  be  vix^a  voce. 

Sec.  8.  Provision  shall  be  made  by  law  for  the  reg- 
istration of  the  names  of  the  electors  within  the  coun- 
ties of  which  they  may  bo  residents,  and  for  the  ascer- 
tainment by  proper  proofs  of  the  persons  who  shall  be 
entitled  to  the  right  of  suffrage  as  hereby  established. 

Sec.  9.  The  Legislature  shall  provide  by  law  for  the 
payment  of  an  annual  poll  tax  of  not  less  than  two  nor 
exceeding  four  dollars  from  each  male  jjerson  resident 
in  the  State  of  the  age  of  twenty-one  years  or  uj^wards, 
one-half  to  be  applied  for  State  and  one-half  for  county 
Ijurposes  ;  and  the  Legislature  may  make  such  pay- 
ment a  condition  to  the  right  of  voting. 

Sec.  10.  All  citizens  of  the  United  States  and  bona 
fide  residents  of  the  Territory  of  Nevada,  at  the  time 
provided  in  this  Constitution  for  the  first  election  to  be 
held  under  its  provisions,  and  who  shall  possess  the 
other  qualifications  of  electors  herein  provided,  shall 
be  entitled  to  vote  for  the  election  of  aU  officers  to  be 
elected  at  such  election  and  upon  the  question  of 
adopting  or  rejecting  this  Constitution. 

ARTICLE  III. 

DISTBIBUTION  OF   POWERS. 

Section  1.  The  jDowers  of  the  Government  of  the 
State  of  Nevada  shall  be  divided  into  three  .separate  de- 
partments— the  Legislative,  the  Executive,  and  Judi- 
cial— and  no  persons  charged  with  the  exercise  of  pow- 
ers properly  belonging  to  one  of  these  departments, 
shall  exercise  any  functions  appertaining  to  either  of 
the  others,  except  in  the  cases  herein  expressly  directed 
or  permitted. 

ARTICLE  IV. 
legislative  department. 

Section  1.  The  Legislative  authority  of  this  State 
shall  be  vested  In  a  Senate  and  Assembly,  which  shall 
be  designated,  "The  Legislature  of  the  State  of  Ne- 
vada," and  the  sessions  of  such  Legislature  shall  be 
held  at  the  seat  of  government  of  the  State. 

Sec.  2.  The  sessions  of  the  Legislature  shall  be 
biennial,  and  shaU  commence  on  the  first  Monday  of 
January  next  ensuing  the  election  of  its  members,  un- 
less the  Governor  of  the  State  shall,  in  the  Interim,  con- 
vene the  Legislature  by  proclamation. 

Sec.  3.  The  members  of  the  Assembly  shall  be  chosen 
biennially  by  the  quahfied  electors  of  their  respective 
districts  on  the  Tuesday  next  after  the  first  Monday 
in  November,  and  their  term  of  office  shall  be  two 
years  from  the  day  next  after  their  election. 

Sec.  4.  Senators  shall  be  chosen  at  the  same  time 
and  places  as  members  of  the  Assembly,  by  the  quali- 
fied electors  of  their  respective  districts,  and  their  term 
of  office  shall  be  two  years  from  the  day  next  after 
their  election. 

Sec.  5.  Senators  and  members  of  the  Assembly  shall 
be  duly  qualified  electors  in  the  respective  counties 
and  districts  which  they  represent,  and  the  number  of 
Senators  shall  not  be  less  than  one-third,  nor  more 
than  one-half  of  that  of  the  members  of  the  Assembly. 

Sec.  6.  Each  House  shall  judge  of  the  qualifications, 
elections  and  returns  of  its  o^vn  members,  choose  its 
own  officers,  (except  the  President  of  the  Senate.)  de- 
termine the  rules  of  the  proceedings,  and  may  punish 
its  members  for  disorderly  conduct,  and,  with  the  con- 
currence of  two-thirds  of  all  the  members  elected,  ex- 
Xiel  a  member. 

Sec.  7.  Either  House,  during  the  session,  may  pun- 
ish, by  imprisonment,  any  person  not  a  member,  who 
shaU  have  been  guilty  of  disrespect  to  the  House  by 
disorderly  or  contemptuous  behavior  In  its  presence  ; 
but  such  imprisonment  shall  not  extend  beyond  the 
final  adjournment  of  the  session. 

Sec.  8.  No  Senator  or  member  of  Assembly  shall, 
during  the  term  for  which  he  shall  have  been  elected, 
nor  for  one  year  thereafter,  be  appointed  to  any  civil 
office  of  profit  imder  tliis  State  which  shall  have  been 


26 


BASIS  OF  CONSTITUTION. 


[2d  day. 


Tuesday,] 


[July  5. 


created,  or  the  emoluments  of  which  shall  have  been 
increased  during  such  term,  except  such  office  as  may 
be  filled  by  elections  by  the  i)eople. 

Sec.  9.  No  person  holding  any  lucrative  office  under 
the  GoVLrument  of  the  United  States,  or  any  other 
power,  shall  be  eUgible  to  any  civil  office  of  profit 
under  this  State  ;  jirui-ided,  that  Postmasters  whose 
compensation  does  not  exceed  five  himdred  dollars  per 
quarter,  or  commissioner  of  deeds,  shall  not  be  deemed 
as  holding  a  lucmtive  office. 

Sec.  10.  Any  person  who  shall  be  con\icted  of  the 
embezzlement  or  defalcation  of  the  public  funds  of  this 
State,  or  who  may  be  convicted  of  having  given  or 
offered  a  bribe  to  procure  his  election  or  appointment 
to  office,  or  received  a  bribe  or  reward  to  aid  in  the  pro- 
curement of  office  for  any  other  person,  shall  be  dis- 
quahfied  from  holding  any  office  of  profit  or  trust  in 
this  btate. 

Sec.  11.  Members  of  the  Legislature  shall  be  privi- 
leged from  arrest  on  civil  process  during  the  session  of 
the  Legislature,  and  for  fitteen  days  next  before  the 
commencement  of  each  session. 

Sec.  12.  When  vacancies  occur  in  either  House,  the 
Governor  shall  issue  WTits  of  election  to  fiU  such  va- 
cancy. 

Sec.  13.  A  majority  of  all  the  members  elected  to 
each  House  shall  constitute  a  quorum  to  transact  busi- 
ness, but  a  smaller  number  may  adjourn  from  day  to 
day,  and  may  compel  the  attendance  of  absent  members, 
in  "such  manner  and  under  such  penalties  as  each  House 
may  prescribe. 

Sec.  14.  Each  House  shall  keep  a  journal  of  its  own 
proceedings,  which  shall  be  pubhshed,  and  the  ayes 
and  noes  of  the  members  of  either  House  on  any  ques- 
tion shall,  at  the  desire  of  any  three  members  present, 
be  entered  on  the  journal. 

Sec.  15.  The  doors  of  each  House  shall  be  kept  open 
during  its  ses.sion,  and  neither  shall,  without  the  con- 
sent of  the  other,  adjourn  for  more  than  three  daj-s, 
nor  to  any  other  place  than  that  in  which  they  may  be 
holding  their  sessions. 

Sec.  1G.  Any  bill  may  originate  in  either  House  of 
the  Legislatm-e,  and  all  bills  passed  by  one  may  be 
amended  in  the  other. 

Sec.  17.  Each  law  enacted  by  the  Legislature  shall 
embrace  but  one  subject  and  matter,  properly  con- 
nected therewith,  which  subject  shall  be  briefly  ex- 
pressed in  the  title;  and  no  law  shall  be  revised  or 
amended  by  reference  to  its  title;  but,  in  such  case, 
the  act  as  revised,  or  section  as  amended,  shall  be  re- 
enacted  and  jjubhshed  at  length. 

Sec.  18.  Every  bill  shah  be  read  by  sections  on  three 
several  days,  in  each  House,  unless,  in  case  of  emer- 
gency, two-thirds  of  the  House,  where  such  bill  may  be 
pending,  shall  deem  it  oxiiedient  to  di.spense  with  this 
rule ;  but  the  reading  of  a  bill  by  sections,  on  its  final 
passage,  shall  in  no  case  be  dispensed  with,  and  the 
vote  on  the  passage  of  every  bi.'l,  or  joint  resolution, 
shall  be  taken  by  ayes  and  noes,  to  be  entered  on  the 
journals  of  each  House ;  and  a  majority  of  all  the  mem- 
bers elected  to  each  House,  shall  be  necessary  to  pass 
every  bill  or  joint  resolution,  and  all  bills  and  joint 
resolutions  so  passed,  shall  be  signed  by  the  ijresiding 
officers  of  the  resijective  Houses. 

Sec.  I'J.  No  money  shall  be  drawn  from  the  Treasury 
but  in  consequence  of  api^ropriations  made  by  law.  An 
a-curate  statement  of  tlie  receipts  and  expenditures  of 
the  public  money  shall  be  attai-hed  and  publislied  with 
the  laws  at  every  regular  session  of  the  Legislahire. 

Sec.  20.  The  Legislature  shall  not  pass  Incal  or  npe- 
cial  laws  in  any  of  thr  following  enuineratid  cases,  that 
is  to  say :  Regulating  the  jurisdirtion  and  duties  of  Jus- 
tices of  the  Peace  and  of  ConstableH ;  for  tlic  iiuiiishnient 
of  crimes  and  misdemeanors;  regulating  thipraiticc  of 
courts  of  justice;  providing  for  changing  tlic-  venue  in 
••ivil  and  criminal  cases  ;  granting  divorces;  changing 
the  names  of  pc-rsons  ;  vacating  roads,  town  plots, 
Htreets,  allies,  and  pubhc  squares  ;  summoning  and 
i-mpanneling  grand  and  petit  juries,  and  providing  for 
thiir  iiimpcn.iatioii;  regulating  county  and  touniHhip 
businiKs;  regulating  the  election  of  county  and  town- 
sliip  officers,  and  their  compensation  for  tlie  asses.s- 
ment  and  collection  of  taxes  for  State,  county,  and 
township  purposes;  in  relation  to  fees  and  salaries;  in 


relation  to  interest  on  money ;  providing  for  opening 
and  conducting  elections  of  State,  county,  or  townshij) 
officers,  and  designating  the  place  of  voting;  providing 
for  the  sale  of  real  estate  belonging  to  minors  or  other 
persons  laboring  under  legal  disabilities. 

Sec.  21.  In  all  cases  enumerated  in  the  preceding 
sections,  and  in  all  other  cases  where  a  general  law  can 
be  made  applicable,  all  laws  shall  be  general,  and  of 
uniform  oi^eration  throughout  the  State. 

Sec.  22.  Provision  may  be  made  by  general  law  for 
bringing  suit  against  the  State  as  to  all  liabihties  origi- 
nating after  the  adoiition  of  this  Constitution. 

Sec.  23.  The  enacting  clause  of  every  law  shall  be  as 
follows:  "The  iieople  of  the  State  of  Nevada,  repre- 
sented in  Senate  and  Assembly,  do  enact  as  follows  " — 
and  no  law  shall  be  enacted  except  by  bill. 

Sec.  2-t.  No  lottery  shall  be  authorized  by  the  State, 
nor  shall  the  sale  of  lottery  tickets  be  allowed. 

Sec.  25.  The  Legislature  shall  estabhsh  a  system  of 
county  and  township  government,  which  shall  be  uni- 
form throughout  the  State. 

Sec.  26.  The  Legislature  shall  provide  for  the  elec- 
tion of  a  Board  of  County  Commissioners,  in  each 
county,  and  these  County  Commissioners  shall  jointly 
and  individually  perform  such  duties  as  may  be  pre- 
scribed by  law. 

Sec.  27.  Laws  may  be  made  to  exclude  from  ser\'ing 
on  juries  all  persons  not  qualified  electors  of  this  State, 
and  all  persons  who  shall  have  been  convicted  of  bri- 
bery, perjurj',  forgery,  larceny,  or  other  high  crimes, 
unless  restored  to  civil  rights ;  and  laws  shah  be  passed 
regulating  elections,  and  ijrohibiting,  under  adequate 
penalties,  all  undue  intluence  thereon,  from  power,  bri- 
bery, tumult,  or  other  improijcr  practice. 

Sec.  28.  No  money  shall  be  drawn  from  the  State  treas- 
ury as  salarj'  or  compensation  to  any  officer  or  emploj'e 
of  the  Legislature,  or  either  branch  thereof,  except  in 
cases  where  such  salary  or  compensation  has  been  fixed 
by  a  law  in  force  prior  to  the  election  or  appointment, 
of  such  officer  or  employe ;  and  the  salary  or  compen- 
sation so  fixed  shall  neither  be  increased  nor  dimin- 
ished so  as  to  apply  to  any  officer  or  employe  of  the 
Legislature,  or  either  branch  thereof,  at  such  session ; 
provided,  that  this  restriction  shall  not  apply  to  the  first 
special  and  regular  sessions  of  the  Legislature. 

Sec.  29.  The  first  regular  session  of  the  Legislature 
under  this  Constitution  may  extend  to  ninety  days,  but 
no  subsequent  regular  session  shall  exceed  sixty  days, 
nor  any  sjjecial  session  convened  by  the  Governor  ex- 
ceed twenty  days. 

Sec.  30.  A  homestead  not  exceeding  one  hundred 
and  sixty  acres  of  land,  outside  of  the  limits  of  a  town 
or  city,  or  not  exceeding  one  acre  ^vithin  the  limits  of 
any  town  or  city,  occupied  as  a  residence  by  the  family 
of  the  owner,  together  with  all  the  improvements  on 
the  same,  of  the  aggregate  value  of  five  thousand  dol- 
lars, shall  be  exempt  from  forced  sale  under  any  pro- 
cess of  law,  and  shall  not  be  ahenated  without  the  joint 
consent  of  husband  and  wife,  when  that  relation  exists; 
but  no  projierty  shall  be  exempt  from  sale  for  taxes,  or 
for  the  payment  of  obligations  contracted  for  the  pur- 
chase of  said  premises,  or  for  the  erection  of  improve- 
ments thereon:  provided,  the  prorisions  of  this  section 
shall  not  ajiply  to  any  process  of  law  obtained  by  virtue 
of  a  lien  given  by  the  consent  of  both  husband  and 
wife ;  and  laws  shall  be  enacted  providing  for  the  re- 
cording of  such  homestead  within  the  county  in  which 
the  same  may  be  situated. 

Sec.  31.  All  property,  both  real  and  personal,  of  the 
wife,  owned  or  claimed  by  her  before  marriage,  and 
that  acquired  afterward  by  gift,  devise  or  descent,  shall 
be  her  separate  property;  and  laws  shall  be  passed 
more  clearly  defining  the  rights  of  the  wife,  in  relation 
as  well  to  lier  separate  property  as  to  that  held  in  com- 
mon with  her  husband.  Laws  shall  also  be  passed 
providing  for  the  registration  of  the  wife's  separate 
property. 

Sec.  32.  No  law  shall  be  passed  authorizing  married 
women  to  carry  on  Vjusiness  as  sole  traders. 

Sec.  33.  The  Legislature  shall  provide  for  the  elec- 
tion by  the  people  of  a  Clerk  of  the  Supreme  Court, 
County  Chtrks,  County  Keeordt^rs,  who  shall  be  ex- 
officio  County  Auditors,  District  Attorneys,  Sheriffs, 
County  Surveyors,  Pubhc  Admiuistrators,  and  other 


2d  day.] 


BASIS  OF   CONSTITUTION. 


27 


Tuesday,] 


[July  5. 


necessary  ofiScers,  and  fix  by  law  their  duties  and  com- 
pensation; provided,  that  in  no  case  such  compensation 
shall  exceed  in  the  aggregate,  as  salary  and  fees  in 
oflace,  the  sum  of  four  thousand  dollars  per  annum,  to 
any  one  of  such  oflicers,  exclusive  of  the  necessary  ex- 
l^enses  attendant  iiiiou  the  discharge  of  the  duties  of 
the  office,  except  the  Sherifl"s,  whose  compensation  in 
fees  and  salary  shall  in  no  case  exceed  the  sum  of  six 
thousand  dollars  per  annum,  exclusive  of  expenses 
necessarily  incurred  in  the  discharge  of  the  duties  of 
said  office.  County  Clerks  shall  be  ex-officio  Clerks  of 
the  Courts  of  Record  in  and  for  their  respective  coun- 
ties. 

Sec.  34.  The  members  of  the  Legislature  shall  re- 
ceive as  compensation  for  their  services,  the  sum  of 
eight  doUars  for  each  day's  actual  attendance  upon  their 
legislative  duties,  at  any  regular  or  sjoecial  session,  and 
thirty  cents  for  each  mile  traveled  by  the  usual  route 
in  going  to  and  returning  from  the  place  of  meeting  of 
the  Legislature,  and  no  further  compensation  or  allow- 
ance shall  be  made  to  any  member  of  the  Legislature 
for  the  performance  of  his  official  duties;  provided, 
that  an  apiDropriatiou  may  be  made  for  the  payment  of 
such  actual  expenses  as  members  of  the  Legislature 
may  incur  for  postage,  express  charges,  newspapers, 
and  stationery,  not  exceeding  the  sum  of  forty  doUars 
for  any  general  or  special  session,  to  each  member; 
and  furthermore  provided,  that  the  Speaker  of  the  Assem- 
bly, and  Lieutenant  Governor,  as  President  of  the  Sen- 
ate, shall  each,  dviring  the  time  of  theii"  actual  attend- 
ance as  such  presiding  officers,  receive  an  additional 
allowance  of  two  dollars  per  diem. 

Sec.  35.  In  all  elections  for  United  States  Senators, 
such  elections  shall  be  held  in  joint  convention  of  both 
Houses  of  the  Legislature.  It  shall  be  the  duty  of  the 
Legislature  which  convenes  next  preceding  the  expira- 
tion of  the  term  of  such  Senator,  to  elect  his  successor. 
If  a  vacancy  in  such  Senatorial  representation  from 
any  cause  occurs,  it  shall  be  the  duty  of  the  Legislature 
then  in  session,  or  at  the  succeeding  session  thereof, 
to  supply  such  vacancy.  If  the  Legislature  shall  at 
any  time  as  herein  provided,  fail  to  unite  in  a  joint 
convention  within  twenty  days  after  the  commence- 
ment of  the  session  of  the  Legislature  for  the  election 
of  such  Senator,  it  shall  be  the  duty  of  the  Governor, 
by  iDroclamation,  to  convene  the  two  Houses  of  the  Leg- 
islature in  joint  convention,  within  not  less  than  five 
days  nor  exceeding  ten  days  from  the  publication  of 
his  proclamation,  and  the  joint  convention,  when  so 
assembled,  shall  proceed  to  elect  the  Senator  as  herein 
provided. 

Sec.  3(5.  Every  bill  which  may  have  passed  the  Leg- 
islature, shall,  before  it  becomes  a  law,  be  presented  to 
the  Governor.  If  he  approve  it,  he  shall  sign  it;  but  if 
not  he  shall  return  it,  with  his  objections,  to  the  House 
in  which  it  originated,  which  shall  enter  such  objec- 
tions upon  the  journal,  and  proceed  to  reconsider  it. 
If,  after  such  reconsideration,  it  again  pass  both  Houses 
by  ayes  and  noes,  by  a  majority  of  two-thirds  of  the 
members  elected  to  each  House,  it  shall  become  a  law 
notwithstanding  the  Govenor's  objections.  If  any  biU 
shall  not  be  returned  within  five  days  after  it  shall  have 
been  presented  to  him.  (Sunday  excepted,)  exclusive  of 
the  day  on  which  he  received  it,  the  same  shall  be  a 
law,  in  hke  manner  as  if  he  had  signed  it,  unless  the 
Legislature,  by  its  final  adjouiwment,  prevent  such  re- 
turn, in  which  case  it  shall  be  a  law,  unless  the  Gover- 
nor, within  ten  days  next  after  the  adjournment,  (Sun- 
day excepted,)  shall  file  such  bUl,  with  his  objections 
thereto,  in  the  office  of  the  Secretary  of  State,  who  shall 
lay  the  same  before  the  Legislature  at  its  next  session, 
in  like  manner  as  if  it  had  been  returned  by  the  Gover- 
nor; and  if  the  same  shall  receive  the  vote  of  two- 
thirds  of  the  members  elected  to  each  branch  of  the 
Legislature,  ujion  a  vote  taken  by  ayes  and  noes,  to  be 
entered  upon  the  journals  of  each  House,  it  shall  be- 
come a  law. 

ARTICLE  V. 

EXECUTIVE  DEPABTMENT. 

Section  1.  The  supreme  executive  power  of  this 
State  shall  be  vested  in  a  Chief  Magistrate,  who  shall 
be  Governor  of  the  State  of  Nevada. 

Sec.  2.  The  Governor  shall  be  elected  by  the  quali- 
fied electors  at  the  time  and  places  of  voting  for  mem- 


bers of  the  Legislature,  and  shall  hold  his  office  for  two 
years  from  the  time  of  his  installation  and  until  hia 
successor  shall  be  qualified. 

Sec.  3.  No  person  shaU  be  ehgible  to  the  office  of 
Governor,  who  is  not  a  qualified  elector,  and  who,  at 
the  time  of  such  election,  has  not  attained  the  age  of 
twen ty -five  years ;  and  who,  except  at  the  first  election 
under  this  Constitution,  shaU  not  have  been  a  citizen 
resident  of  this  State  for  two  years  next  preceding  the 
election. 

Sec.  4.  The  returns  of  every  election  for  Governor, 
and  other  State  officers  voted  for  at  the  general  election, 
shall  be  sealed  up  and  transmitted  to  the  seat  of  Gov- 
ernment, directed  to  the  Secretary  of  State,  and  on  the 
third  Monday  of  December  succeeding  such  election, 
the  Chief  Justice  of  the  Supreme  Court  and  the  Asso- 
ciate Justices  shall  meet  at  the  office  of  the  Secretary  of 
State,  and  open  and  canvass  the  election  returns  for 
Governor  and  aU  other  State  officers,  and  forthwith  de- 
clare the  result  and  publish  the  names  of  the  candi- 
dates elected.  The  persons  having  the  highest  number 
of  votes  for  their  respective  offices  shall  be  declared 
elected,  but  in  case  any  two  or  more  have  an  equal,  and 
the  highest  number  of  votes  for  the  same  office,  the 
Legislature  shall  by  joint  vote  of  both  Houses,  elect 
one  of  said  persons  to  fiU  said  office. 

Sec.  5.  The  Governor  shall  be  Commander-in-Chief 
of  the  MUitary  forces  of  this  State,  except  when  they 
shall  be  called  into  the  ser%'ice  of  the  United  States. 

Sec.  6.  He  shall  transact  all  executive  business  with 
the  officers  of  the  Government,  civU  and  mihtary,  and 
may  require  information,  in  writing  from  the  officers 
of  the  Executive  Department,  upon  any  subject  relat- 
ing to  the  duties  of  their  respective  offices. 

Sec.  7.  He  shall  see  that  the  laws  are  faithfully  exe- 
cuted. 

Sec.  8.  When  any  office  shaU,  from  any  cause,  be- 
come vacant,  and  no  mode  is  provided  by  the  Consti- 
tution and  laws  for  filling  such  vacancy,  the  Governor 
shaU  have  the  power  to  fiU  such  vacancy  by  granting 
a  commission,  which  shall  exijire  at  the  next  election 
and  qualification  of  such  officer. 

Sec.  9.  The  Governor  may,  on  extraordinary  occa- 
sions, convene  the  Legislature,  by  a  proclamation,  and 
shall  state  to  both  houses,  when  organized,  the  pur- 
pose for  which  they  have  been  convened,  and  the  Leg- 
islature shall  transact  no  legislative  business  except 
that  for  which  they  were  specially  convened,  or  such 
other  legislative  business  as  the  Governor  may  caU  to 
the  attention  of  the  Legislature  while  in  session. 

Sec.  10.  He  shall  communicate,  by  message,  to  the 
Legislature,  at  every  regular  session,  the  condition  of 
the  State,  and  recommend  such  measures  as  he  may 
deem  expedient. 

Sec.  11.  In  case  of  a  disagreement  between  the  two 
houses,  with  resjject  to  the  time  of  adjournment,  the 
Governor  shall  have  power  to  adjourn  the  Legislatiire 
to  such  time  as  he  may  think  proper;  providal,  it  be 
not  beyond  the  time  fixed  for  the  meeting  of  the  next 
Legislature. 

Sec.  12.  No  person  shall,  while  holding  any  office 
under  the  United  States  Government,  hold  the  office  of 
Governor,  except  as  herein  expressly  provided. 

Sec.  13.  The  Governor  shaU  have  the  power  to  sus- 
pend the  collection  of  fines  and  forfeitures,  and  to 
grant  reprieves  for  a  period  not  exceeding  sixty  days  dat- 
ing from  the  time  of  conviction,  for  all  offences,  except 
in  cases  of  impeachment.  Upon  conviction  for  treason 
he  shall  have  power  to  suspend  the  execution  of  the 
sentence  until  the  case  shall  be  reported  to  the  Legis- 
i  lature  at  its  next  meeting,  when  the  Legislature  shall 
either  pardon,  direct  the  execution  of  the  sentence,  or 
grant  a  further  rejirieve.  And  if  the  Legislature  should 
faU  or  refuse  to  make  final  disposition  of  such  case,  the 
!  sentence  shall  then  be  enforced  at  such  time  and  place 
as  the  Governor  by  his  order  may  direct.  The  Gover- 
I  nor  shall  communicate  to  the  Legislature,  at  the  begin- 
j  ning  of  every  session,  every  case  of  fine  or  forfeit- 
I  ure  remitted,  or  reijrieve,  jjardou,  or  commutation 
!  granted,  stating  the  name  of  the  convict,  the  crime 
1  of  which  he  was  convicted,  the  sentence,  its  date,  and 
the  date  of  the  remission,  commutation,  pardon,  or 
reprieve. 

Sec.  14.  The  Governor,  Justices  of  the  Supreme  Court, 
I  and  Attorney  General,  or  a  major  i^art  of  them,  of 


28 


BASIS  OF  CONSTITUTION. 


[2(i  day. 


Tuesday.] 


[July  5. 


whom  the  Governor  shall  be  one,  may,  upon  siich  con- 
ditions and  w-ith  such  limitations  and  restrictions  as 
they  may  think  proper,  remit  fines  and  forfeitures, 
comnnitt"  punishments,  and  praut  pardons  after  con- 
>ictions  in  all  cases,  except  treason  and  imiieachments, 
subject  to  such  regulations  as  may  be  pro\-ided  by  law, 
relative  to  the  manner  of  applj-ing  for  pardons. 

Sf.c.  15.  There  shall  be  a  seal  of  this  State,  which 
shall  be  kept  by  the  Governor,  and  used  by  him  offi- 
cially, and  shall" be  called  the  "  Great  Seal  of  the  State 
of  Nevada." 

Sec.  Ui.  AH  grants  and  commissions  shall  be  in  the 
name  and  the  authority  of  the  State  of  Nevada,  sealed 
with  the  Great  Seal  of  the  State,  signed  by  the  Gover- 
nor, and  countersigned  by  the  Secretary  of  State. 

Sec.  17.  A  Lieutenant  Governor  shall  be  elected  at 
the  same  time  and  places,  and  in  the  same  manner  as 
the  Governor,  and  his  term  of  office,  and  his  ehgibUity, 
shall  also  be  the  same.  He  shall  be  President  of  the 
Senate,  but  shall  only  have  a  casting  vote  therein.  If 
during  a  vacancy  of  the  office  of  Governor,  the  Lieu- 
tenant Governor  shall  be  impeached,  displaced,  resign, 
die,  or  become  incaimble  of  performing  the  duties  of 
the  office,  or  be  absent  from  the  State,  the  President 
pro  tempore  of  the  Senate,  shall  act  as  Governor,  untU 
the  vacancy  be  tilled  or  the  disability  cease. 

Sec.  18.  In  case  of  the  impeachment  of  the  Gover- 
nor, or  his  removal  from  office,  death,  inability  to  dis- 
charge the  duties  of  the  said  office,  resignation,  or  ab- 
sence from  the  State,  the  powers  and  duties  of  the  office 
shall  devolve  upon  the  Lieutenant  Governor,  for  the 
residue  of  the  term,  or  until  the  disability  shall  cease. 
But  when  the  Governor  shall,  with  the  consent  of  the 
Legislature,  be  out  of  the  State  in  time  of  war,  and  at 
the  head  of  any  military  force  thereof,  he  shall  con- 
tinue Commander-in-Chief  of  the  military  force  of  the 
State. 

Sec.  19.  A  Secretary  of  State,  a  Treasurer,  a  Con- 
troller, and  an  Attorney  General,  shall  be  elected  at  the 
time  and  jjlaces,  and  in  the  .same  manner  as  the  Gover- 
nor. The  term  of  office  of  each  shall  be  the  same  as  is 
prescibed  for  the  Governor.  .\ny  elector  shall  be  eligi- 
ble to  either  of  said  offices. 

Sec.  20.  The  Secretary  of  State  shall  keep  a  true 
record  of  the  official  acts  of  the  Legislative  and  Kxccu- 
tive  Departments  of  the  Government,  and  shall,  when 
required,  lay  the  same,  and  all  matters  relative  thereto, 
before  either  branch  of  the  Legislature. 

Sec.  21.  The  Governer,  Secretary  of  State,  and  At- 
torney General,  shall  constitute  a  Board  of  State  Prison 
Commissioners,  which  Board  shall  have  such  supervi- 
sion of  all  matters  connected  with  the  State  Prison  as 
may  be  provided  by  law.  They  shall  also  constitute  a 
"Board  of  Examiners,"  with  power  to  examine  all 
claims  against  the  State  (except  salaries  or  compensa- 
tion of  officers  fixed  by  law,)  and  perform  such  other 
duties  as  may  De  prescribed  by  law. 

Sec  22.  The  Secretary  of  State,  State  Treasurer, 
State  Controller,  Attorney  General,  and  Superintendent 
of  Public  Instruction,  shall  perform  such  other  duties 
as  may  be  prescribed  by  law. 

ARTICLE  VI. 

JUDICIAL   DEPARTMENT. 

Section  1.  The  .Judicial  power  of  this  State  shall  be 
vested  in  a  Supreme  Court,  in  District  Courts,  in  County 
Courts,  and  in  .Justices  of  the  Peace.  The  Legislature 
may  also  establish  Onirts  for  municipal  purjioses,  in 
incori)orated  Ionntih  and  cities,  and  may,  by  a  two-thirds 
vote  of  the  members  elect  to  each  branch  of  the  Legis- 
lature, establish  a  Court  with  original  jurisdiction  over 
till-  estates  of  deceased  persons,  and  the  persons  and 
estates  of  minors  and  insane  persons,  in  anj"  county 
where  the  same  may  be  deemed  necessary. 

Sec.  2.  The  Supreme  Court  shall  consist  of  a  Chief 
.Justice  and  two  Associate  .Justices,  a  majoritj'of  whom 
shall  constitute  a  quorum;  provided,  that  the  Legisla- 
ture, by  a  majority  of  the  members  elected  to  ea<-h 
branch,  may  at  its  second  session,  or  at  any  time  there- 
after, jirovide  for  tlie  (lection,  at  the  judicial  election,  of 
two  additional  .Associate  Justices,  and  if  so  increased, 
three  shall  constitute  a  quorum.  The  concurrence  of  a 
majority  of  the  whole  Court  shall  be  necessary  to  render 
&  decision. 


Sec.  3.  The  Justices  of  the  Supreme  Court  shall  be 
elected  at  the  judicial  election,  and  shall  hold  office  for 
the  term  of  six  years  from  the  first  Monday  of  July  next 
after  their  election :  jiniviiii'd,  that  there  shall  be  elected 
at  the  first  election  inider  this  Constitution,  three  Jus- 
tices of  the  Supreme  Court,  who  shall  hold  office  until 
the  first  Monday  of  July  next  after  their  election,  and 
they  shall  continue  in  office  thereafter  fur  two,  four,  and 
six  years  respectively,  and  they  shall  determine,  by  lot, 
the  term  of  office  each  shall  fiU,  and  the  Justice  draw- 
ing the  shortest  term  shall  be  Chief  Justice,  and  after 
the  expiration  of  his  term,  the  one  having  the  next 
shortest  term  shall  be  (^hief  Justice,  after  which  the 
senior  Justice  in  commission  shall  be  Chief  Justice ; 
and  in  case  the  commission  of  any  two  or  more  of  said 
Justices  shall  bear  the  .same  date,  they  shall  determine 
by  lot  who  shall  be  Chief  Justice. 

Sec. -4.  The  Supreme  Court  shall  have  appellate  ju- 
risdiction in  all  cases  in  equity;  also,  in  all  cases  at  law 
in  which  is  involved  the  title  or  possession  of  real  es- 
tate or  mining  claims,  or  the  legality  of  any  tax,  impost, 
assessment,  toll  or  municipal  fine,  or  in  which  the  de- 
mand, (exclusive  of  interest,)  or  the  value  of  property 
in  controversy  amounts  to  two  hundred  dollars ;  also, 
in  all  other  ci\-il  cases  not  included  in  the  general  sub- 
divisions of  law  and  equity,  and  also  in  aU  criminal 
cases  amounting  to  felony  on  questions  of  law  alone. 
The  Court  shall  also  have  power  to  issue  writs  of  man- 
damus, certiorari,  prohibition,  quo  warranto,  and  ha- 
beas corpus,  and  also  aU  writs  necessary  or  proper  to 
the  complete  exercise  of  its  appellate  jurisdiction. 
Each  of  the  Justices  shall  have  power  to  issue  writs  of 
habeas  corpus  to  any  part  of  the  State,  upon  petition 
on  behalf  of  any  person  held  in  actual  custody,  and 
may  make  such  writs  returnable  before  himself  or  the 
Supreme  Court,  or  before  any  District  Court,  or  any 
County  Court  in  the  State,  or  before  any  Judge  of  said 
Courts. 

Sec.  5.  The  State  is  hereby  divided  into  four  Judi- 
cial Districts.  The  county  of  Storey  shall  constitute 
the  first  Judicial  District.  The  counties  of  Washoe, 
Ormsby  and  Lyon  shall  constitute  the  second  Judicial 
District.  The  counties  of  Humboldt  and  Lauder  shaU 
constitute  the  third  Judicial  District;  and  the  counties 
of  Douglas  and  Esmeralda  shall  constitute  the  fourth 
Judicial  District.  For  judicial  iiurposes  the  county  of 
Roop  shall  be  attached  to  the  county  of  Washoe,  and 
the  county  of  Churchill  shall  be  atta,ched  to  the  county 
of  Lyon,  untU  otherwise  provided  by  law.  As  the  con- 
venience of  the  pubhc  may  require,  the  Legislature 
may,  by  a  two-third  vote  of  all  the  members  elected  to 
each  branch  of  the  Legislatiire,  jirovide,  by  an  altera- 
tion in  the  boundaries  of  the  districts  as  herein  pre- 
scribed, for  additional  Judicial  Districts,  and  the  elec- 
tion of  District  Judges  therein  for  the  term  of  six  years 
from  the  first  Monday  of  Jidy  succeeding  such  election. 
There  shall  be  elected  at  the  first  election,  liy  the  elec- 
tors in  each  of  the  ri'spcctivc  districts,  a  District  Judge, 
who  shall  hold  his  office  until  the  first  Monday  of  JiUy 
next  after  such  election,  and  for  two  years  thereafter, 
after  which  said  Judges  shall  be  elected  by  the  quahfied 
electors  of  their  respective  districts  at  the  judicial  elec- 
tion which  immediately  precedes  the  expiration  of  the 
term  of  their  predecessors,  and  shall  hold  office  for  the 
term  of  six  years.  The  Legislature  shall  have  no 
power  to  grant  leave  of  absence  to  a  judicial  officer,  and 
any  such  officer  who  shall  absent  himself  from  the 
State  for  upwards  of  forty  consecutive  days  shall  be 
deemed  to  have  vacated  his  office. 

Sec.  6.  The  District  Court  shall  have  original  juris- 
diction in  all  cases  in  equity;  also  in  all  cases  at  law 
which  involve  the  title  or  possession  of  real  property, 
or  mining  claims,  or  the  legality  of  any  tax,  impost, 
assessment,  toll,  or  mvmicipal  fine,  and  in  aU  other 
cases  in  which  the  demand,  (exclusive  of  interest,)  or 
the  value  of  the  property  in  controversy  amounts  to 
one  th(msand  dollars;  also,  in  all  other  civil  cases  not 
provided  for  in  this  Constitution,  and  also  in  all  crim- 
inal cases  where  the  punishment  may  be  death.  And 
they  shall  havi^  appellate  jurisdiction  to  try  de  novo, 
under  such  regidatious  as  may  be  prescribed  by  law, 
all  cases  relating  to  the  estates  of  deceased  i^ersons  and 
of  the  persons  and  estates  of  minors.  The  District 
Courts  and  their  Judges  shaU  have  power  to  issue  writs 
of  mandamus,  injunction,  quo  warranto,  certioraxi,^ 


2d  day.] 


BASIS  OF  CONSTITUTION. 


29 


Tuesday,] 


[July  5. 


and  all  other  writs  necessary  to  the  complete  exercise 
of  their  jurisdiction ;  and  also  shall  have  power  to  issue 
writs  of  habeas  corpus  on  petition  by,  or  on  behalf  of 
any  person  held  in  actual  custody  in  their  respective 
Districts. 

Sec.  7.  There  shall  be  elected,  at  the  first  election 
provided  for  in  this  Constitution  in  each  of  the  organ- 
ized counties  of  this  State,  a  county  Judge,  who  shall 
hold  his  office  untU  the  first  Monday  in  July  next  after 
such  election,  and  for  two  years  thereafter.  After 
which  a  County  Judge  in  each  county,  shall  be  elected 
at  the  jiidicial  election  next  preceding  the  expiration  of 
the  term  of  office  of  his  predecessor,  or  succeeding  the 
organization  of  each  county,  who  shall  hold  his  office 
for  the  term  of  four  years  from  the  first  Monday  of 
July  succeeding  such  election.  He  shall  hold  the  County 
Court,  which  shall  have  jurisdiction  in  aU  cinU  cases 
where  the  title,  possession,  or  boundaries  of  land,  or 
mining  claims,  are  not  involved,  and  the  amoimt  iu  dis- 
pute is  a  money  demand,  or  jiersoual  property,  and  the 
amoimt  of  such  demand,  (exclusive  of  interest,)  or  the 
value  of  such  property  is  over  two  hundred  dollars  and 
does  not  exceed  one  thousand  dollars,  and  in  criminal 
cases  not  otherwise  pro^^ded  in  this  Constitution.  The 
grand  jury  shall  be  empanneled  in  and  make  then-  pre- 
sentments and  finding  of  indictments  to  the  County 
Court;  and  indictments  of  which  the  County  Court  has 
no  jurisdiction  shaU  be  transferred  to  the  District 
Court  for  trial.  The  County  Court  shall  also  exercise 
jurisdiction  over  the  estates  of  deceased  persons,  and 
jurisdiction  of  the  persons  and  estates  of  minors  and 
insane  persons,  untU  a  Probate  Court  be  created  as 
herein  provided.  The  County  Courts  and  their  Judges 
shall  also  have  power  to  issue  writs  of  habeas  corpus, 
on  petition  by  or  on  behalf  of  any  person  in  actual  cus- 
tody in  their  respective  counties ;  and  said  Courts  and 
the  Judges  thereof  shall  also  have  power  to  issue  all 
other  writs  necessary  to  the  complete  exercise  of  their 
jurisdiction. 

Sec.  8.  The  County  Courts  shall  have  appellate  juris- 
diction in  cases  arising  in  Justices'  Courts,  and  also 
such  appellate  jurisdiction  from  other  inferior  courts 
and  ti'ibunals  as  the  Legislature  may  prescribe ;  but  it 
shall  have  no  original  jurisdiction,  except  as  provided 
in  the  last  preceding  section. 

Sec.  9.  The  times  and  places  of  holding  the  terms  of 
the  Supreme  Court,  and  the  general  and  special  terms 
of  the  District  Courts,  withiu  the  several  Districts, 
County  and  Probate  Courts,  in  the  several  Counties, 
shall  be  as  pro\-ided  by  law. 

Sec.  10.  The  Legislature  shall  determine  the  nnm- 
ber  of  Justices  of  the  Peace  to  be  elected,  and  fix  by 
law  their  powers,  duties,  and  responsibilities  ;jj)-ouided, 
that  they  shall  have  no  jurisdiction  in  the  trial  of  cases 
were  the  title  or  right  of  possession  of  real  estate  or 
mining  claims  is  involved.  It  shall  also  determine  in 
what  cases  appeals  may  be  made  from  Justices'  Courts 
to  County  Courts. 

Sec.  11.  No  judicial  officer,  except  a  Justice  of  the 
Peace,  shall  receive  to  his  own  use  any  fees  or  perqui- 
sites of  office. 

Sec.  12.  The  Justices  of  the  Supreme  Court  and  of 
the  several  Districts,  shall  each  receive  the  sum  of 
seven  thousand  dollars  per  annum;  provided,  that  after 
five  years  the  Legislature  may  diminish  said  amount. 

Sec.  13.  The  Legislature  shaU  provide  for  the  pay- 
ment of  the  salaries  of  the  Judges  of  the  Supreme  and 
District  Courts  quarterly,  in  cash,  and  shall  provide  for 
the  setting  apart  from  each  year's  revenue  sufficient 
moneys  to  pay  such  salaries,  but  the  Legislature  shall 
have  power  to  increase  or  diminish  the  salaries  of  said 
Judges  as  hereinbefore  provided. 

Sec.  14.  The  salaries  of  the  County  Judges  shall  be 
paid  quarterly,  in  cash,  out  of  the  moneys  received  in 
the  county  treasury  in  each  year  in  their  respective 
counties ;  and  such  salaries  shall  be  as  pro\-ided  by  law, 
but  shall  not  be  increased  or  diminished  during  the 
time  for  which  they  shall  have  been  elected,  except  the 
salaries  of  the  County  Judges  elected  at  the  first  elec- 
tion provided  for  in  this  Constitution. 

Sec.  15.  The  Justices  of  the  Supreme  Court  and  the 
District  Judges  shaU  be  ineligible  to  any  office  other 
than  a  judicial  office,  during  the  term  for  which  they 
shall  have  been  elected,  and  all  elections  or  appoint- 
ments of  any  such  Judges,  by  the  people,  Legislature, 


or  othei-wise,  during  said  period,  to  any  office  other 
than  judicial,  shall  be  void. 

Sec.  16.  Judges  shall  not  charge  juries  in  respect  to 
matters  of  fact,  but  may  state  the  testimony  and  declare 
the  law. 

Sec.  17.  The  style  of  all  process  shall  be,  "The  State 
of  Nevada,"  and  aU  prosecutions  shall  be  conducted  in 
the  name  and  by  the  authority  of  the  same. 

Sec.  18.  There  shaU  be  but  one  form  of  civil  action, 
and  law  and  equity  may  be  administered  in  the  same 
action. 

Sec.  19.  There  shall  be  a  regular  election  for  judicial 
officers  at  a  judicial  election  to  be  held  on  the  Tuesday 
after  the  first  Monday  of  Maj-. 

ARTICLE  VII. 
impeachment  aud  removal  from  office. 

Section  1.  The  Assembly  shall  have  the  sole  power 
of  impeaching,  but  a  majority  of  all  the  members 
elected  must  concxu-  in  an  impeachment.  All  impeach- 
ments shall  be  tried  by  the  Senate,  and  when  sitting 
for  that  purpose,  the  Senatars  shaU  be  upon  oath  of 
affirmation,  to  do  justice  according  to  law  and  evidence. 
No  person  shall  be  con^^cted  without  the  concurrence 
of  two-thirds  of  the  Senators  elected. 

Sec.  2.  The  Governor  and  other  civil  officers  under 
this  State  Government,  shaU  be  Uable  to  impeachment 
for  misdemeanor  or  malfeasance  iu  office;  but  judg- 
ment in  such  case  shaU  not  extend  further  than  re- 
moval from  office  and  disquahflcation  to  hold  any  office 
of  honor,  profit  or  trust  under  this  State.  The  party, 
whether  competed  or  acquitted,  shaU  nevertheless  be 
liable  to  indictment,  trial,  judgment,  and  punishment, 
according  to  law. 

Sec.  3.  For  any  reasonable  cause,  to  be  entered  on 
the  journals  of  each  House,  which  may  or  may  not  be 
sufficient  grounds  for  impeachment,  the  Chief  Justice 
and  Associate  Justices  of  the  Supreme  Court  and  Judges- 
of  the  District  and  County  Courts  shall  be  removed 
from  office  on  the  vote  of  two-thirds  of  the  members 
elected  to  each  branch  of  the  Legislature,  and  the  Jus- 
tice or  Judge  complained  of  shall  be  served  with  a  copy 
of  the  complaint  against  him,  and  shall  have  an  opjior- 
tunity  of  being  heard  in  person,  or  by  counsel  in  his 
defense ;  provided,  that  no  member  of  either  branch  of 
the  Legislature  shall  be  eligible  to  fill  the  vacancy  occa- 
sioned by  such  removal. 

Sec.  5.  Pro%'isiou  shall  be  made  by  law  for  the  re- 
moval from  office  of  any  civil  officer  for  malfeasance  or 
nonfeasance  in  the  performance  of  his  duties. 

ARTICLE  \an. 

MUNICIPAL   AND   OTHER  COEPOEATIONS. 

Section  1.  The  Legislature  shall  pass  no  special 
act  in  any  manner  relating  to  corporate  powers,  except 
for  municipal  purposes;  but  corporations  may  be 
formed  under  general  laws;  and  aU  such  laws  may, 
from  time  to  time,  be  altered  or  repealed. 

Sec.  2.  All  real  property  and  possessory  rights  to 
the  same,  as  well  as  personal  property  in  this  State, 
belonging  to  corporations,  now  existing  or  hereafter 
created,  shall  be  subject  to  taxation  the  same  as  jsrop- 
erty  of  individuals;  provided,  that  the  propert5-  of  cor- 
porations formed  for  municipal,  charitable,  rehgious  or 
educational  purposes  may  be  exempted  by  law. 

Sec.  3.  Dues  from  corporations  shall  be  secured  by 
such  means  as  may  be  prescribed  by  law;  provided, 
that  corporators  in  corporations  formed  under  the  laws 
of  this  State  shall  not  be  individually  hable  for  the 
debts  or  habilities  of  such  corporation. 

Sec.  i.  Corporations  created  by  or  under  the  laws 
of  the  State  of  Nevada  shall  be  subject  to  the  pro-Nis- 
ions  of  such  laws  until  the  Legislature  shall  pass  laws 
regulating  the  same,  in  pursuance  of  the  provisions  of 
this  Constitution. 

Sec.  5.  Corporations  may  sue  and  be  sued  in  all 
Courts,  in  like  cases  as  individuals. 

Sec.  6.  No  bank  notes  or  paper  of  any  kind  shall 
ever  be  permitted  to  circulate  as  money  in  this  State, 
except  the  Federal  currency  under  the  laws  of  Con- 
gress. 

Sec.  7.  No  right  of  way  shall  be  appropriated  to  the 
use  of  any  corporation  until  full  compensation  be  first 
made  therefor. 


I 


30 


BASIS  OF  CONSTITUTION. 


[2d  day. 


Tuesday,] 


[July  5. 


Sec.  8.  The  Legislature  shall  provide  for  the  organ- 
ization of  cities  and  towns  by  general  laws;  and  restrict 
their  power  of  taxation,  assessment,  bor^o^^•ing  money, 
coutracting  debts,  and  loaning  their  credit,  except  for 
procuring  supplies  of  water. 

Sec.  9.  The  State  shall  not  donate  or  loan  money  or 
its  credit,  subscribe  to  or  be  interested  in  the  stock  of 
any  company,  association  or  corporation,  except  cor- 
porations formed  for  educational  or  charitable  purpo- 
ses: provkled.  that  the  State  may  issue  bonds  to  an 
amount  not  exceeding  three  million  dollars,  on  such 
terms  as  the  Legishiture  may  prescribe,  to  the  company 
that  shall  tirst  inniplrte  a  railroad  to  the  State  hne, 
connecting  this  State  with  the  navigable  waters  of  Cal- 
ifornia, or  with  the  navigable  waters  of  the  Mississippi 
river;  but  no  law  to  issue  bonds  shall  be  effective,  un- 
less .sanctioned  by  a  vote  of  the  people. 

Sec.  10.  No  county,  city,  to^vn,  or  other  municipal 
cori)oration  shall  become  a  stockholder  in  any  joint 
stock  company,  corporation,  or  association  whatever, 
or  loan  its  credit  in  aid  of  any  such  company,  corpo- 
ration or  association. 

ARTICLE  IX. 

FINANCE   AND   STATE   DEBT. 

Section  1.  The  fiscal  year  shall  commence  Jan- 
uary 1st. 

Sec.  2.  The  Legislature  shall  provide  for  an  annual 
tax  sufficient  to  defray  the  estimated  expenses  of  the 
State  for  each  fiscal  year ;  and  whenever  the  expenses 
of  any  year  shall  exceed  the  income,  the  Legislature 
shall  provide  for  le\'ying  a  tax  sufficient,  with  other 
sources  of  income,  to  pay  the  deficiency,  as  well  as  the 
estimated  expenses  of  such  ensuing  year  or  two  years. 

Sec.  3.  For  the  purpose  of  enabling  the  State  to 
transact  its  business  upon  a  cash  basis,  from  its  organ- 
ization, or  for  the  purpose  of  defraying  extraordinary 
expenses,  the  State  may  contract  public  debts ;  but  such 
debts  shall  never  in  the  aggregate,  exclusive  of  inter- 
est, exceed  the  sum  of  three  hundred  thousand  dol- 
lars ;  prnvidfd,  that  the  further  amount  of  indebtedness 
authorized  by  Ai-ticle  VIII,  of  this  Constitution,  shall 
be  deemed  legal  and  valid  whenever  said  debt  shall  be 
incurred  in  accordanc'e  with  the  provisions  therein  ex- 
pressed; and  said  debts  shaU  be  separate  and  inde- 
pendent of  the  State  debt  herein  iDrovided  for.  Every 
Buch  debt  shall  be  authorized  by  law  for  some  purpose 
or  purposes,  to  be  distinctly  specified  therein,  and 
every  such  law  shaU  provide  for  levjong  an  annual  tax 
sufficient  to  i^ay  the  interest  semi-annually,  and  the 
principal  within  twenty  years  from  the  jiassagc  of  such 
law,  and  shall  specially  appropriate  the  proceeds  of 
said  taxes  to  the  i)ayment  of  said  jirincipal  and  inter- 
est; and  such  appropriation  sliall  nut  be  rf-pcaled,  nor 
the  taxes  be  iiostponed  or  diniinislied  until  llie  princi- 
pal and  interest  of  said  debts  sluill  havr  been  wholly 
paid.  Every  contra<'t  of  indebtedness  i  iitrred  into  or 
assumed  by  or  on  behalf  of  the  State,  wIhii  all  its  debts 
and  Uabilaties  amount  to  said  sum  beliir<'  mentioned, 
shall  be  void  and  of  no  effect,  excijit  in  cases  of  money 
borrowed  to  repel  invasion,  suppri  ss  insurrection,  de- 
fend the  State  in  time  of  war,  or  if  liostilitics  be  threat- 
ened, ijrovide  for  the  public  defense. 

Sec.  4.  The  State  shall  never  assume  the  debts  of 
any  county,  town,  city,  or  other  corporation  whatever, 
unless  such  debts  have  been  created  to  repel  invasion, 
suppress  insurrection,  or  defend  the  State  in  time  of 
war. 

Sec.  5.  No  scrip,  certificate,  or  other  evidence  of  State 
debt  whatsoever,  shall  be  issued,  for  the  payment  of 
which  there  are  no  funds  in  the  treasury,  except  for 
such  debts  as  are  authorized  by  the  third  Section  of  this 
Article. 

ARTICLE  X. 

TAXATION. 

Section  1.  The  Legislature  shall  provide  by  law  for 
a  uniform  and  equal  rate  of  assessment  and  taxation, 
and  shall  prescribe  such  regulations  as  shall  secure  a 
just  valuation  for  tiixation  of  all  property,  both  real 
and  personal,  including  mines  and  mining  property; 
excepting  such  property  only  as  may  be  exempted  by 
law  for  municii)al,  educational,  literarj',  scientific,  re- 
ligious or  charitable  purposes. 


AKTICLE  XI. 
salaries. 
Section  1.  The  Governor  shall  receive  an  anntial 
salary  of  six  thousand  dollars.  The  Secretary  of  State 
shall  receive  an  annual  salary  of  four  thousand  dollars. 
The  State  Controller  shall  receive  an  annual  salary  of 
four  thousand  dollars.  The  State  Treasurer  shall  re- 
ceive an  annual  salary  of  four  thousand  dollars.  The 
Attorney  General  shall  receive  an  annual  salary  of 
eighteen  hundred  dollars.  The  Superintendent  of  Pub- 
lic Instruction  shall  receive  an  annual  salary  of  two 
thousand  dollars.  Such  salaries  shall  be  iiaid  quarterly. 
Said  officers  shall  receive  no  fees  or  perquisites  to  their 
own  use  for  the  performance  of  any  duties  connected 
with  their  offices. 

ARTICLE  XII. 

EDUCATION. 

Section  1.  The  Legislature  shall  encourage  by  aU 
suitable  means  the  promotion  of  intellectual,  scientific, 
moral,  and  agricultural  improvement.  It  shall  provide 
for  the  election  by  the  people  (at  such  time  as  the 
judiciary  may  be  elected)  of  a  Superintendent  of  Pub- 
he  Instruction,  whose  term  of  office  shall  be  two  years 
from  the  first  Monday  of  July  succeeding  such  elec- 
tion, and  until  the  election  and  quaUfication  of  his 
successor,  and  whose  duties  shall  be  prescribed  by 
law. 

Sec.  2.  The  Legislature  shaU  provide  for  a  system 
of  common  schools,  by  which  a  school  shaU  be  estab- 
hshed  and  maintained  in  each  school  district,  at  least 
six  months  in  every  year;  and  any  school  cUstrict  neg- 
lecting to  establish  and  maintain  such  a  school  may  be 
deprived  of  its  proportion  of  the  interest  of  the  pubUc 
school  fund  during  such  neglect.  The  Legislature 
shall,  within  two  years,  pass  such  laws  as  shaU  make  it 
compulsory  vrith  parents  and  guardians  that  aU  white 
chUdren  under  their  charge,  between  the  ages  of  six 
and  fourteen  years,  shaU  receive  educational  instruc- 
tion for  at  least  three  months  in  each  year,  unless  phy- 
sicaUy  or  mentally  incapacitated;  but  no  sectarian 
instruction  shall  be  aUowed  at  any  public  school  estab- 
Ushed  by  them. 

Sec.  3.  All  lands,  including  the  five  hundred  thou- 
sand acres  of  land  granted  to  the  new  States  under  an 
Act  of  Congress  distributing  the  proceeds  of  the  pub- 
lic lands  among  the  several  States  of  the  Union,  ap- 
proved A.  D.  1841 ;  and  aU  proceeds  of  lauds  that  have 
been  or  may  be  granted  or  appropriated  by  the  United 
States  to  this  State;  aU  estates  that  may  escheat  to  the 
State ;  aU  of  such  per  cent,  as  may  be  granted  by  Con- 
gress on  the  sale  of  land ;  aU  fines  coUected  under  the 
penal  laws  of  the  State;  all  i)roperty  given  or  be- 
queathed to  the  State  for  educational  purposes;  and  all 
proceeds  derived  from  any  or  all  of  said  sources,  shaU 
be,  and  the  same  are  hereby  solemnly  pledged  for  edu- 
cational pui^oses,  and  shall  not  be  transferred  to  any 
other  fund  for  other  uses ;  and  the  interest  thereon 
shaU,  from  time  to  time,  be  apportioned  among  the 
several  counties,  in  proportion  to  the  ascertainc^d  num- 
ber of  persons  between  the  ages  of  six  and  eighteen 
years  in  the  diflerent  counties.  And  the  Legislature 
shall  provide  for  the  sale  of  floating  land  warrants  to 
cover  the  aforesaid  lands,  and  for  the  investment  of  all 
l)roceeds  derived  from  any  of  the  above-mentioned 
sources  in  United  Slates  bonds  or  the  bonds  of  this 
State ;  prornded,  that  the  interest  only  of  the  aforesaid 
proceeds  shall  be  used  for  educational  purposes,  and 
any  surplus  interest  shall  be  added  to  tlicin-incipal  sum; 
(ind  pniviili'd.furlhrr.  that  such  portion  of  said  inter- 
est as  may  be  neccssay,  may  be  appn>priated  for  the 
support  of  the  State  llnivcrsity. 

Sec.  4.  The  l.igislaturc  sliall  provider  for  the  estab- 
lishment of  a  State  University,  or  Agricultural  CoUege, 
with  a  Mining  I)i  partnient,  which  shall  be  free  to  aU 
white  pupils  between  the  ages  of  fourteen  and  twenty- 
one  years,  possessing  sucli  qualifications  as  may  be 
l)rescribed  by  the  Board  of  Regents,  and  whose  pa- 
rents or  guardians  are  citizens  of  this  State. 

Sec.  .').  The  Legi.slatnre  shall  provide  a  special  tax 
of  one-half  of  one  mill  nn  the  doUar  of  aU  taxable  prop- 
erty in  the  State,  in  addition  to  the  other  means  pro- 
vided for  the  suppoi't  and  maintenance  of  said  Univer- 
eity  or  Agricultural   College,  and  common  schools;. 


2d  day.] 


BASIS  OF  CONSTITUTION. 


31 


Tuesday,] 


July  5. 


provided,  that  at  the  end  of  ten  years  they  may  reduce 
said  tax  to  one-quarter  of  one  mill  on  each  dollar  of 
taxable  property. 

Sec.  6.  The  Governor,  Secretary  of  State,  and  the 
Superintendent  of  Public  Instruction,  shall,  for  the 
first  four  years,  and  until  their  successors  are  elected 
and  qualified,  be  a  Board  of  Kegents,  to  control  and 
manage  the  affairs  of  the  University,  or  Agricultural 
College,  and  the  funds  of  the  same,  under  such  regu- 
lations as  may  be  provided  by  law;  but  the  Legislature 
shall,  at  the  expiration  of  that  time,  jirovide  for  the 
election  of  a  Board  of  Regents,  and  define  their  duties. 

Sec.  7.  The  Board  of  Kegents  shall,  from  the  inter- 
est accruing  from  the  first  funds  which  come  under 
their  control,  immediately  organize  and  maintain  the 
said  Mining  Department,  in  such  manner  as  to  make  it 
the  most  effective  and  useful. 

ARTICLE  xrn. 


Section  1.  The  Legislature  shall  provide  by  law  for 
the  organizing  and  discipUning  the  rnilitia  of  this  State, 
for  the  effectual  encouragement  of  volunteer  corjjs, 
and  the  safe  keeping  of  the  pubUc  arm.s. 

Sec.  2.  The  Governor  shall  have  power  to  call  out 
the  mihtia  to  execute  the  law  of  the  State,  or  to  sup- 
press insurrection  or  repel  invasion. 

ARTICLE  XIV. 

PUBLIC   INSTITUTIONS. 

Section  1.  Institutions  for  the  benefit  of  the  in- 
sane, blind,  and  deaf  and  dumb,  and  such  other  benevo- 
lent institutions  as  the  public  good  may  require,  shall 
be  fostered  and  supported  by  the  State,  subject  to  such 
regulations  as  may  be  prescribed  by  law. 

Sec.  2.  A  State  Prison  shall  be  established  and 
maintained  in  such  manner  as  may  be  prescribed  by 
law,  and  provision  may  be  made  by  law  for  the  estab- 
lishment and  maintenance  of  a  House  of  Refuge  for 
juvenile  offenders. 

Sec.  3.  The  respective  counties  of  the  State  shall 
provide,  as  may  be  prescribed  by  law,  for  those  inhab- 
itants who,  by  reason  of  age  and  infirmity,  or  other 
misfortunes,  may  have  claim  upon  the  sympathy  and 
aid  of  society. 

ARTICLE  XV. 

BOUNDAEY. 

Section  1.  The  boundary  of  the  State  of  Nevada 
shall  be  as  follows  : — 

Beginning  at  the  point  of  intersection  of  the  forty- 
second  degree  of  north  latitude,  with  the  thirty-eighth 
degree  of  longitude  west  from  Washington;  thence 
running  south  on  the  said  thirty-eighth  degree  of  west 
longitude  imtil  it  intersects  the  northern  boundary 
line  of  New  Mexico ;  thence  due  west  along  the  north- 
ern boundary  line  of  New  Mexico  until  such  line  inter- 
sects the  eastern  boundary  of  the  State  of  Cahfornia; 
thence  northerly  along  the  eastern  boundary  line  of 
the  State  of  California  until  such  line  intersects  the 
forty-second  degree  of  north  latitude;  thence  east  with 
said  forty-second  degree  of  north  latitude  to  the  place 
of  beginning. 

And  whenever  Congress  shall  authorize  the  addition 
to  the  Territory  or  State  of  Nevada  of  any  portion  of 
the  territory  on  the  easterlj'  border  of  the  foregoing 
defined  limits,  not  exceeding  in  extent  one  degree  of 
longitude,  the  same  shall  thereupon  be  embraced  within 
and  become  a  part  of  this  State.  And  furthermore  pro- 
vided, that  all  such  territory  lying  west  of  and  adjoin- 
ing the  boundary  line  herein  prescribed,  which  the 
State  of  CaUfornia  may  relinquish  to  the  Territory  or 
State  of  Nevada,  shall  thereupon  be  embraced  within 
and  constitute  a  part  of  this  State. 

ARTICLE  XVI. 

miscellaneous  peovisions. 

Section  1.  The  scat  of  Government  shall  be  at  Car- 
son City,  but  no  apiiroj^riation  for  the  erection  or  pur- 
chase of  capitol  buildings  shall  be  made  during  the 
next  six  years. 

Sec.  2.  Members  of  the  Legislature,  and  all  olficers. 
Executive,  Judicial,  and  Ministerial,  shall,  before  they 


enter  upon  the  duties  of  their  respective  offices,  take 
and  subscribe  to  the  following  oath  or  affirmation : — • 

"  I ,  do  solemnly  swear  (or  affirm)  that  I  will  sup- 
port, protect  and  defend  the  Constitution  and  Govern- 
ment of  the  United  States,  and  the  Constitution  and 
Government  of  the  State  of  Nevada,  against  all  ene- 
mies, whether  domestic  or  foreign,  and  that  I  will  bear 
true  faith,  allegiance,  and  loyalty  to  the  same,  any  or- 
dinance, resolution  or  law  of  any  State,  Convention  or 
Legislature  to  the  contrary  notwithstanding;  and  liu-- 
ther,  that  I  do  this  with  a  full  (Icti-niiiuation,  pledge, 
and  purpose,  without  any  mental  reservation  or  eva- 
sion whatsoever.  And  I  do  further  solemnly  swear  {or 
affirm)  that  I  have  not  fought  a  duel,  nor  sent  or  ac- 
cepted a  challenge  to  fight  a  duel,  nor  been  a  second  to 
either  party,  nor  in  any  manner  aided  or  assisted  in 
such  duel,  nor  been  knowingly  the  bearer  of  such  chal- 
lenge, or  acceptance,  since  the  adoption  of  the  Consti- 
tution of  the  State  of  Nevada,  and  that  I  wiU  not  be  so 
engaged  or  concerned,  directly  or  indirectly,  in  or 
about  any  such  duel,  during  my  continuance  in  office. 
And  further,  that  I  will  weU  and  faithfidly  perform  all 

the  duties  of  the  office  of on  which  I  am  about 

to  enter;  so  help  me  God." 

Sec.  3.  No  person  shall  be  eligible  to  any  office  who 
is  not  a  quahfled  elector,  or  who  has  fought  or  been  in 
any  manner  concerned  in  a  duel  since  the  adoption  of 
this  Constitution. 

Sec.  4.  The  general  election  shall  be  held  on  the 
Tuesday  next  after  the  first  Monday  of  November. 

Sec.  5.  The  aggregate  number  of  members  of  both 
branches  of  the  Legislature  shall  never  exceed  seven- 
ty-five. 

Sec.  6.  The  term  of  State  officers  elected  at  the  first 
election  under  this  Constitution,  shall  continiie  until 
the  Tuesday  after  the  first  Monday  of  January,  A.  D. 
1867,  and  until  the  election  and  qTialification  of  their 

Sec.  7.  The  Sheriffs,  County  Clerks,  County  Treas- 
urers, County  Judges,  and  County  Recorders,  shall 
hold  their  offices  at  the  county  seats  of  their  respective 
counties. 

Sec.  8.  The  Legislature  shall  provide  for  the  speedy 
publication  of  aU  statue  laws  of  a  general  nature,  and 
for  such  judicial  decisions  as  it  may  deem  expedient; 
and  all  laws  and  judicial  decisions  shall  be  free  for 
pubUcation  by  any  person;  provided,  that  no  judgment 
of  the  Supreme  Court  shall  take  effect  and  be  operative 
untU  the  opinion  of  the  Court  in  such  case  shaU  be 
filed  with  the  Clerk  of  said  Court,  and  notice  thereof 
given  by  said  Clerk  in  some  newspaper  published  at 
the  place  of  holding  said  Court,  or  nearest  thereto. 

Sec.  9.  The  Legislature  may,  at  any  time,  by  a  vote 
of  two-thirds  of  the  members  elected  to  each  branch 
thereof,  provide  by  law  for  increasing  or  diminishing 
the  salaries  or  compensation  of  any  of  the  officers  (ex- 
cept judicial)  whose  salaries  or  compensation  is  fixed 
in  this  Constitution;  provided,  no  such  change  of  sala- 
ry or  compensation  shall  apjily  to  any  officer  during 
the  term  for  which  he  may  have  been  elected. 

Sec.  10.  All  officers  whose  election  or  appointment 
is  not  otherwise  provided  for,  shall  be  chosen  or  ap- 
pointed as  may  be  prescribed  by  law. 

Sec.  11.  The  tenure  of  any  office  not  herein  iirovided 
for  may  be  declared  by  law,  or  when  not  so  declared, 
such  office  shall  be  held  during  the  pleasure  of  the  au- 
thority making  the  appointment;  but  the  Legislature 
shall  not  create  any  office,  the  tenure  of  which  shall  be 
longer  than  four  years. 

Sec.  12.  A  State  Printer  shall  be  elected  at  the  same 
time  and  places,  and  in  the  same  manner,  and  for  the 
same  term,  as  the  Governor.  He  shall  do  all  the  pub- 
lic printing  for  the  State  which  may  be  prescribed  by 
law.  The  rates  to  be  paid  him  for  such  printing  shall 
be  fixed  by  law. 

Sec.  13.  The  Governor,  Secretary  of  State,  State 
Treasurer,  State  Controller,  and  Clerk  of  the  Supreme 
Court,  shall  keep  their  respective  offices  at  the  seat  of 
Government. 

Sec.  14.  The  enumeration  of  the  inhabitants  of  this 
State  shall  be  taken  under  the  direction  of  the  Legisla- 
ture in  the  year  1864.  and  1867,  and  1875,  and  every  ten 
years  thereafter;  and  these  enumerations,  together 
with  the  census  that  may  be  taken  under  the  direction 
of  the  Congress  of  the  United  States  in  the  year  1870, 


32 


BASIS  OF  CONSTITUTION. 


2d  day.] 


Tuesday,] 


[July  5. 


and  every  subsequent  ten  years,  shall  serve  as  the 
basis  of  representation  in  both  Houses  of  the  Legisla- 
ture. 

Sec.  15.  A  plurality  of  votes  given  at  an  election 
by  the  people,  shall  constitute  a  choice,  where  not  oth- 
erwise provided  by  this  Constitution. 

ARTICLE  X\^I. 

AMESDJLENTS. 

Section  1.  Any  amendment  or  amendments  to  this 
Constitution,  may  be  jjroxJosed  in  the  Senate  or  Assem- 
bly; and  if  the  same  shall  beagi-eed  ti>l)y  a  majority  of 
the  members  elected  to  each  of  the  two  Houses.such  pro- 
posed amendment  or  amendments  shall  be  entered  on 
their  journals  with  the  ayes  and  noes  taken  thereon,  and 
referred  to  the  Legislature  then  next  to  be  chosen,  and 
shall  be  pubUshed  for  three  months  next  preceding  the 
time  of  making  such  choice.  And  if  in  the  Legislature 
next  chosen  as  aforesaid,  such  proposed  amenilmeut  or 
amendments  shall  be  agreed  to  by  a  majority  of  all  the 
members  elected  to  each  House,  then  it  shall  be  the  duty 
of  the  Legislature  to  submit  such  isroposed  amend- 
ment or  amendments  to  the  people  in  such  manner 
and  at  such  time  as  the  Legislature  shall  prescribe; 
and  if  the  people  shall  apjirove  and  ratify  such  amend- 
ment or  amendments  by  a  majority  of  the  electors  quali- 
fied to  vote  for  members  of  the  Legislature  voting  there- 
on, such  amendment  or  amendments  shall  become  a 
part  of  the  Constitution. 

Sec.  2.  If  at  any  time  two-thirds  of  the  Senate  and 
Assembly  shall  tliiuk  it  necessary  to  revise  and  change 
this  entire  Constitution,  they  shall  recommend  to  the 
electors  at  the  next  (flection  for  members  of  the  Legis- 
lature to  vote  for  or  against  a  Convention,  and  if  it 
sliall  appear  that  a  majority  of  the  electors  voting  at 
such  election  have  voted  in  favor  of  calling  a  Conven- 
tion, the  Legislature  shall,  at  its  next  session,  provide 
by  law  for  caUing  a  Convention,  to  be  holden  within 
six  months  after  the  passage  of  such  law,  and  such 
Convention  shall  consist  of  a  number  of  members  not 
less  than  that  of  both  branches  of  the  Legislature. 

ARTICLE  XYllI. 

SCHEDULE. 

Section'  L  That  no  inconvenience  may  arise  by  rea- 
son of  a  change  from  a  Territorial  to  a  permanent 
State  Government,  it  is  declared  that  all  rights,  actions. 
prosecutions,  judgments,  claims,  and  (■outracts,  as  well 
of  indi^jduals  as  of  bodies  corporate,  including  coun- 
ties, towns,  and  cities,  shall  continue  as  if  no  change 
had  taken  place ;  and  aU  process  wliich  may  issue  un- 
der the  authority  of  the  Territory  of  Nevada,  i)revious 
to  its  admission  into  the  Union  as  one  of  the  United 
States,  sliall  be  as  valid  as  if  issued  in  the  name  of  the 
State  of  Nevada. 

Kkc.  2.  All  laws  of  the  Territory  of  Nevada,  in  force 
at  the  time  of  the  admission  of  this  State,  not  repug- 
nant to  this  Constitution,  shall  remain  in  force  until 
they  expire  by  their  <jwn  limitations,  or  be  altered  or 
repealed  by  the  Legislature. 

Sec.  '.i.  All  fines,  penalties  or  forfeitures  accruing 
to  the  Territop'  of  Nevada,  or  to  the  people  of  the 
United  States  in  the  Territory  of  Nevada,  shall  inure 
to  the  State  of  Nevatla. 

Sec.  4.  All  re<-ognizance8  heretofore  taken,  or  which 
may  be  taken  before  the  cliange  from  a  Territorial  to  a 
]>ermaiient  Stat<-  Government,  shall  remain  valid,  and 
Bliall  jiass  to,  and  may  be  jirosecuted  in  the  name  of 
the  .State;  and  all  bonds  executed  to  the  Governor  of 
the  Territory,  or  to  any  other  officer  or  court  in  his  or 
their  ortleial  capacity,  or  to  the  p<oi)le  of  tlie  United 
"Htates  in  the  Territory  of  Nevada,  sliall  pass  to  the 
Governor,  or  other  othcer  or  court,  and  liis  or  their 
succesHorH  in  othce,  for  the  uses  therein  respectively 
expressed,  and  may  be  sued  on,  and  recovery  had  ac- 
cordingly; and  all  projjcrty,  real,  personal  or  mixed, 
and  all  judgments,  bonds,  specialtieH,  choses  inaction, 
clainiH  and  debttt  of  whatsoever  description,  and  all 
records  and  public  archives  of  the  Territory  of  Neva- 
da, shall  issue  to  and  vest  in  the  State  of  Nevada,  and 
may  be  sued  for,  and  recovered  in  the  same  manner, 
and  to  the  same  ext<;nt  by  the  State  of  Nevada,  as  the 
same  could  have  been  by  the  Territorj-  of  Nevada.  All 
criminal  prosecutions  and  x>enal  actions  which  may 


have  arisen,  or  which  may  arise  before  the  change  from 
a  Territorial  to  a  State  Government,  and  which  shall 
then  be  pending,  shall  be  prosecuted  to  judgment  and 
execution  in  the  name  of  the  State.  All  offences  com- 
mitted against  the  laws  of  the  Territory  of  Nevada 
before  the  change  from  a  Territorial  to  a  State  Govern- 
ment, and  which  shall  not  be  ijrosecuted  before  such 
change,  may  be  prosecuted  in  the  name  and  by  the 
authority  of  the  State  of  Nevada,  with  like  effect  as 
though  such  change  had  not  taken  place,  and  aU  penal- 
ties incurred  shaU  remain  the  same  as  if  this  Constitu- 
tion had  not  been  adoiJted.  All  actions  at  law,  and 
suits  in  equity,  which  may  be  jiending  in  any  of  the 
courts  of  the  Territory  of  Nevada  at  the  time  of  the 
change  from  a  Territorial  to  a  State  Government,  may 
be  continued  and  transferred  to,  and  determined  by, 
auy  court  of  the  State  which  shall  have  jurisdiction  of 
the  subject  matter  thereof. 

Sec.  5.  For  the  purpose  of  taking  the  vote  of  the 
electors  of  this  Territory  for  the  ratification  or  rejec- 
tion of  this  Constitution,  and  for  the  election  of  all 
State  officers — Supreme,  District  and  County  Judges, 
members  of  the  Legislature  and  Representative  to 
Congress — an  election  shall  be  held  in  the  several  coun- 
ties of  the  Territory  (at  such  places  as  may  be  desig- 
nated by  the  Commissioners  of  each  of  the  counties, 
respectively),  on  the  third  Tuesday  of  January,  A.  D. 
1864.  The  judges  and  inspectors  of  said  election  shall 
be  api^oiated  by  such  county  Commissioners,  and  the 
election  shall  be  conducted,  as  nearly  as  practicable,  in 
conformity  wath  the  existing  laws  of  the  Territory  in 
relation  to  the  holding  of  the  general  election — except 
as  otherwise  provided  in  this  Constitution. 

Sec.  6.  Each  elector  shall  express  his  opinion  by 
depositing  in  the  ballot-box  a  ticket  whereon  shall  be 
written  or  printed,  "Constitution  Yes,"  or  "Constitu- 
tion No,"  or  such  words  as  will  distinctly  convey  the 
intention  of  the  voter. 

Sec.  7.  At  the  close  of  the  election,  the  judges  and 
uispectors  shall  carefully  coimt  each  ballot,  and  forth- 
with make  duphcate  returns  thereof  to  the  Clerk  of  the 
Board  of  County  Commissioners  of  their  respective 
counties,  and  said  Clerk  shall  transmit  an  abstract  of 
the  same,  by  the  most  safe  and  expeditious  convey- 
ance, to  the  Secretary  of  the  Territory  (inclosed  in  an 
envelop),  marked  "Klection  Returns." 

Sec.  8.  Upon  the  receipt  of  said  returns,  or  within 
twenty  days  after  the  elections,  if  the  returns  be  not 
sooner  received,  it  shall  bo  the  duty  of  a  Board  of  Can- 
vassers, to  consist  of  the  Secretary  of  the  Territory,  and 
the  President  and  Secretary  of  this  Convention,  to  can- 
vass the  returns  of  said  election,  in  presence  of  all  who 
may  choose  to  attend,  and  immediately  publish  an  ab- 
stract of  the  same,  in  one  or  more  of  the  newspapers 
of  the  Territory  of  Nevada ;  and  said  Board  shall,  after 
the  adoiJtion  of  this  Constitution  and  canvass  of  said 
votes,  issue  certificates  of  election  to  such  persons  as 
were  elected  on  .said  third  Tuesday  of  January,  A.  D. 
1864.  And  the  Governor  of  this  Territory  shall,  im- 
mediately after  ascertaining  that  the  Constitution  has 
been  ratified  by  the  people,  make  proclamation  of  the 
fact,  and  thenceforth  this  Constitution  shall  be  ordain- 
ed and  estabUshed  as  the  Constitution  of  the  State  of 
Nevada. 

Sec.  9.  Until  otherwise  provided  by  the  Legislature, 
the  apportionment  of  Senators  and  Assembljnnen  in 
the  ditferent  counties  shall  be  as  follows: — Douglas 
county,  one  Senator  and  two  Assemblymen ;  Esmer- 
alda county,  two  Senators  and  four  Assemblymen  ; 
Humboldt  county,  two  Senators  and  three  Assembly- 
m(,'n ;  Lander  county,  two  St^uators  and  three  Assem- 
blymen; Lyon  and  Churchill  counties,  two  Senators 
atid  four  Assemljlymen ;  Ormsby  county,  two  Senators 
and  three  Assmblymen ;  Storey  county,  four  Senators 
and  twelve  Assemblymen;  and  Washoe,  and  Boop  coun- 
ties, two  Senators  and  three  Assemblymen. 

Sec.  10.  If  this  Constitution  be  ratified  by  the  peo- 
ple, the  President  of  this  Convention,  or  in  case  of  his 
iuabihty,  the  Governor  of  the  Territory  of  Nevada, 
shall,  within  thirty  days  after  the  result  of  the  election 
shall  be  declared,  convene  the  Legislature  for  the  pur- 
pose of  electing  two  United  States  Senators. 

Sec.  11.  A  eoijy  of  this  Constitution  certified  to  be 
correct  by  the  President  and  Secretary  of  this  Conven- 
tion, shall  be  pubhshed  by  them  in  one  newspaper  in 


2d  day.] 


NAME  OF  STATE. 


33 


Tuesday,] 


KiNKEAD — ChAPIN — TOZER — ^DUNNE — BaLL — FiTCH — CoLLINS. 


[July  5. 


each  county  of  this  Territory,  (where  a  newspaper  is 
published),  as  soon  as  practicable  after  the  final  ad- 
journment of  this  Convention.  Such  President  and 
Secretary  shall  forward  a  copy  of  this  Constitution, 
certified  as  aforesaid,  to  the  President  of  the  United 
States,  President  of  the  Senate,  Speaker  of  the  House 
of  Kepresentatives,  and  the  delegate  in  Congress  from 
this  Territory. 

Sec.  12.  All  debts  and  liabilities  of  the  Territory  of 
Nevada,  lawfully  incurred,  and  which  remain  unx^aid 
at  the  time  of  the  admission  of  this  State  into  the 
Union,  shall  be  assumed  by  and  become  the  debt  of 
the  State  of  Nevada;  providtd,  that  an  amount  not  ex- 
ceeding the  sum  of  twenty  thousand  dollars  shall  be 
assumed  for  such  debts  or  habiUties  contracted  or 
incurred  on  and  after  the  first  day  of  January,  A.  D. 
1864. 

Sec.  13.  The  Senators  to  be  elected  at  the  first  elec- 
tion under  the  Constitution,  shall  draw  lots,  so  that 
the  term  of  the  one  hah  thereof  shah  expii-e  on  the 
day  succeeding  the  general  election  in  A.  D.  1864,  and 
the  term  of  the  other  half  shall  expire  on  the  day  suc- 
ceeding the  general  election  in  A.  D.  1866;  provided, 
that  in  dra'tting  lots  for  all  Senatorial  terms,  the  Sena- 
torial representation  shaU  be  allotted  so  that  the  coun- 
ties having  two  or  more  Senators,  the  terms  thereof 
shall  be  di\"ided  as  equally  as  may  be  between  the  long 
and  short  terms. 

Sec.  14.  At  the  general  election  in  A.  D.  1864,  and 
thereafter,  the  term  of  Senators  shall  be  for  four  years 
from  the  day  succeeding  such  general  election,  and 
members  of  Assembly  for  two  years  from  the  day  suc- 
ceeding such  general  election,  and  the  terms  of  Sena- 
tors shall  be  allotted  in  long  and  short  terms,  as  herein- 
before pro^-ided ;  so  that  one-half  thereof,  as  nearly  as 
may  be,  shah  be  elected  every  two  years. 

Sec.  15.  The  term  of  members  of  the  Assembly 
elected  at  the  first  election  under  this  Constitution, 
shaU  expire  on  the  day  succeeding  the  general  election 
in  A.  D.  1864. 

Sec.  16.  The  first  regular  Session  of  the  Legisla- 
ture under  this  Constitution,  shall  be  held  at  such  time 
after  the  admission  of  this  State  into  the  Union  as  the 
Executive  of  the  State  shall  by  his  proclamation  direct; 
provided,  such  time  shah  not  be  less  than  twenty  nor 
more  than  sixty  days  after  such  admission. 

Sec.  17.  The  second  regular  session  of  the  Legisla- 
ture shall  convene  on  the  first  Monday  of  January,  A. 
D.  1865,  and  such  regular  sessions  shall  thereafter  be 
held  on  the  fii'st  Monday  of  January,  biennially. 

Sec.  18.   All  county  officers,  (except  Probate  Judges), 
and  aU  township,  city  and  town  olficers,  under  the  laws 
of  the  Territory  of  Nevada  at  the  time  when  this  Con-  ! 
stitution   shall  take  eti'ect,  and  whose  offices  are  not  j 
inconsistent  with  the  provisions  of  this  Constitution,  j 
shall  continue  in  office  until  their  successors  shall  be 
elected  and  qualified.     The  time  of  such  election  and 
quaUfication  shall  "be  as  prescribed  by  law;  j)rovided, 
that  the  time  of  such  election  shall  not  be  i^ostponed  be- 
yond the  general  election  in  A.  D.  1864,  and  the  time  of 
the  qualification  of  such  officers  shaU  not  exceed  thirty 
days  after  such  election. 

Sec.  19.  At  the  first  regular  session  of  the  Legisla- 
ture to  convene  under  the  requirements  of  this  Con- 
stitution, pro\'ision  shall  be  made  by  law  for  the  pay- 
ment of  the  pubhcation  of  six  huudi'ed  copies  of  the 
proceedings  of  this  Convention,  in  book  form,  to  be 
disposed  of  as  the  Legislature  may  direct;  and  the 
Hon.  J.  W.  North,  President,  and  A.  J.  Marsh,  one  of 
the  reporters,  of  this  Convention,  shall  contract  for 
and  supervise  the  pubhcation  of  such  x^roceedings. 
Provisions  shall  be  made  by  law  at  such  first  session  of 
the  Legislature  for  the  compensation  of  the  official 
reporters  of  this  Convention  for  then-  services  resjiec- 
tively;  and  they  shall  be  paid  in  coin  or  its  equivalent. 
The  rates  of  compensation  shall  be  as  follows :  to  the 
official  reporters  jointly,  forty  cents  i^er  foho  for  re- 
porting the  same  for  i^ublication,  and  to  A.  J.  Marsh 
for  supervising  such  pubhcation,  the  sum  of  fifteen 
dollars  per  day  during  the  time  actually  engaged  in 
such  ser%"ice. 

Sec.  "20.  After  the  admission  of  this  State  into  the 
Union,  and  untU  the  Legislature  shall  otherwise  pro- 
vide, the  several  district  and  county  judges  shall  hold 

C 


Courts  in  their  respective  districts  and  counties  at  such 
times  and  places  as  they  may  respectively  appoint; 
and  until  provision  shall  be  made  by  law  for  holding 
the  terms  of  the  Supreme  Court,  the  Governor  shaU 
fix  the  time  and  jilace  of  holding  such  Court. 

Done  in  Convention,  at  Carson  citj',  the  eleventh  day 
of  December,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixts'-three,  and  of  the  Independ- 
ence of  the  United  States  the  eighty-eighth,  and  signed 
by  the  delegates. 

Mr.  KINKEAD  moved  that  the  Conventioa 
adjouru  to  meet  at  tea  o'clock,  to-morrow  morn- 
ing. 

Mr.  CHAPIN.  Oh,  no !  Let  us  work  an  hour 
longer ;  let  us  fix  the  name  of  the  State,  at 
least. 

The  question  was  taken  on  the  motion  to  ad- 
journ, and  upon  a  division,  it  was  not  agreed 
to — ayes  13 — noes  17. 

COMMITTEE    OF   THE    -WHOLE. 

Mr.  CHAPIN.  I  now  move  that  the  Conven- 
tion go  into  Committee  of  the  Whole,  and  take 
up  the  subject  before  us — the  Constitution. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Accordingly  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  (Jlr.  Chapin  in 
the  Chair),  and  proceeded  to  the  consideration 
of  the  preamble. 

PREAMBLE — XAME    OF    THE    STATE. 

Mr.  TOZER.  I  move  the  adoption  of  the 
preamble. 

The  CHAIRMAN.  I  suppose  the  question 
should  first  be  on  adopting  the  name  of  the 
State. 

Mr.  TOZER.  That  is  contained  in  the  pre- 
amble. 

The  SECRETARY  read  the  preamble,  as 
follows  : — 

PREAMBLE. 

We,  the  people  of  the  State  of  Nevada,  grateful  to 
Almighty  God  for  our  freedom,  in  order  to  secure  its 
blessings,  insure  domestic  tranquiUty,  and  form  a  more 
perfect  Government,  do  establish  this  Constitution. 

Mr.  DUNNE.  I  move  to  amend  by  striking 
out  the  word  "  Nevada  "  and  inserting  the  word 
"  Washoe." 

Mr.  BALL.  I  suggest  that  this  is  out  of  or- 
der, for  the  reason  that  the  Enabling  Act  fixes 
the  name  as  the  State  of  Nevada. 

Mr.  BANKS.     I  do  not  read  it  so. 

Mr.  FITCH.  The  title  of  the  act  is,  "An  act 
to  enable  tlie  people  of  Nevada  to  form  a  State 
Government,"  etc.  Now  what  Nevada?  It 
must  be  Nevada  Territory;  the  people  of 
Nevada  Territory  are  to  form  a  State  govern- 
ment. 

Mr.  COLLINS.    Read  the  second  section. 

Mr.  FITCH.     Very  well— 

"  Sec.  2.  And  be  it  further  enacted.  That  the  said 
State  of  Nevada  shall  consist  of  aU  the  Territory  in- 
cluded within  the  foUomng  boundaries"— 

I  do  not  consider  that  binding  upon  us. 

Mr.  COLLINS.  I  am  inclined  to  think  that 
Congress  had  really  no  definite  idea  or  prefer- 
ence in  regard  to  a  name,  but  that,  rather  out  of 


34 


NAME  OF  STATE. 


[2d  day. 


Tuesday,] 


Pr  ESI  DENT — StURTE  VANT. 


[July  5. 


deference  to  theConveation  of  last  year,  which 
had  agreed  upon  the  name  of  Nevada,  that 
body  gave  it  that  name,  calling  it  Nevada  in 
the  Act.  I  do  not  think,  however,  that  that 
would  prevent  the  President  from  proclaiming 
us  as  a  State,  if  we  sliould  take  any  other 
State  name.  I  do  not  imagine  that  there 
would  be  any  serious  objection,  that  is,  in 
Congress,  and  the  name  of  Nevada  is  cer- 
tainly a  misnomer,  for,  if  it  conveys  any  mean- 
ing at  all,  it  is  a  great  falsehood.  I  would  be 
glad  if  we  could  select  some  other  name.  The 
State  of  Washoe  would  sound  well,  and  every- 
body knows  us  by  the  name  of  Washoe,  while, 
if  we  are  christened  Nevada,  we  are  liable  to 
be  confounded  with  the  city  of  Nevada,  Nevada 
County,  and  the  Nevada  Mountains.  Quite  re- 
cently we  sent  some  very  handsome  silver 
bricks  to  the  East  in  aid  of  the  Sanitary  Fund, 
and  I  notice  that  the  county  of  Nevada,  in 
California,  was  given  the  credit  for  sending 
those  bricks  to  St.  Louis.  I  say,  independent 
of  its  being  a  falsehood,  it  is  too  common. 
Tho.se  who  understand  the  meaning  of  the  word 
are  aware  that  it  is  wholly  inapplicable  to  us. 
When  you  hear  it,  you  are  inclined  to  button 
your  coat,  and  shiver.  Here  we  have  an 
almost  semi-tropical  climate,  and  to  call  it 
Nevada  is  an  outrage  upon  the  people  and 
the  climate  of  almost  the  whole  of  the  Ter- 
ritory. Almost  any  other  name  would  be 
better  than  Nevada,  and  Washoe  seems  to 
be  the  most  appropriate  word.  We  are  known 
everywhere,  north  and  south,  east  and  west, 
as  Washoe,  and  why  should  we  give  people 
the  impression  that  this  is  a  species  of  north- 
pole  climate?  Why  should  we  convey  the 
groundless  idea,  that  to  make  an  expedition 
here  a  man  is  required  to  fit  himself  out  with 
furs  and  moccasins,  and  everything  else  of  that 
kind,  to  prevent  his  freezing?  Therefore  I 
hope,  if  it  be  possit)le,  unless  the  Enabling 
Act  is  deemed  to  be  absolutely  binding  upon 
us,  that  we  shall  christen  the  State  by  some 
other  name. 

Mr.  JOHNSON  (the  President).  Whilst  I  con- 
cur in  the  views  presented  by  my  friend  from 
Storey,  (Mr.  Collins)  in  favor  of  adopting  some 
other  name  for  our  State,  yet  at  the  same  time  I 
must  say  1  think  we  are  precluded  from  so  do- 
ing by  the  language  contained  in  the  Enal)ling 
Act.  We  should  not  seek  for  information  re- 
garding tiie  sen.sc  of  the  act,  upon  that  sub- 
ject, from  the  preamble,  or  from  its  title, 
but  we  shall  find  it  in  the  body  of  the  act 
itself  Section  2,  which  has  already  been  re- 
ferred to,  provides  that  the  said  State  of  Ne 
vada  shall  consist  of  certain  specified  Terri- 
tory— "  the  said  State  of  Nevada."  Then 
reading  further,  we  find  that  Section  6  is  as 
follows  : — 

"  Sec.  C.  And  be  it  further  enacted.  That  until  the 
next  geueral  cenKus  shall  be  taken,  said  State  of  Ne- 
v.vla  Hhall  be  entitled  to  one  Representative  in  the 
House  of  Representatives  of  the  United  States,  which 
Representative,"  etc. 

Then  iu  Section  8  we  have  this  language : — 


"Sec.  8.  And  be  it  further  enacted,  That  pro^^ded 
the  State  of  Nevada  shall  be  admitted  into  the  Union, 
in  accordance  with  the  foregoing  provisions  of  this 
act,  that  twenty  entire  sections  of  unappropriated  pub- 
lic lands  \vithin  said  State,  to  be  selected  and  located 
by  direction  of  the  Legislature  tliereof,  on  or  before 
the  first  day  of  January,  .\nno  I>omini  1868,  shall  be, 
and  they  are  hereby  granted,  in  legal  subdivisions  of 
not  less  than  160  acres,  to  said  State,  for  the  purpose  of 
erecting  public  buildings  at  the  Capital  of  said  State, 
for  legislative  and  judicial  purposes,  in  such  manner 
as  the  Legislature  shall  prescribe." 

Again,  in  Section  11.  there  is  this  language  : 

"  Sec.  11.  And  be  it  further  enacted.  That  from  and 
after  the  admission  of  the  said  State  of  Nevada  into  the 
Union,  in  pursuance  of  this  act,  the  laws  of  the  United 
States  not  locally  iu.appUcable,  shall  have  the  same 
force  and  efifect  within  the  said  State  as  elsewhere 
within  the  United  States,  and  said  State  shaU  contain 
one  judicial  district,  and  be  called  the  District  of  Ne- 
vada." 

The  terms  of  admission  into  .the  Union  are 
predicated  from  the  beginning  upon  the  name, 
•'  State  of  Nevada."  I  lliink,  from  an  examina- 
tion of  this  act,  we  are  clearly  restrict'd  to 
that  name,  and  without  that  name  tlicre  would 
be  grave  doubts  whi  ther  there  would  be  any 
authority  by  which  we  could  obtain  these  public 
lands,  and  possibly  there  might  even  be  some 
doubt  as  to  our  right  to  send  a  Representative 
to  the  Congress  of  the  United  States,  without 
further  Congressional  action.  To  my  mind 
it  is  quite  obvious  that  we  are  precluded,  by 
the  action  of  Congre.ss,  from  taking  any  other 
name. 

Mr.  STURTEVANT.  I  was  not  aware  but 
that  every  State,  if  it  be  a  State  at  all,  has  a 
right  to  be  represented  in  Congress,  and  I  think 
in  that  respect  it  would  make  no  difference 
what  we  called  our  State.  I  think  we  can 
name  it  any  thing  we  please,  and  still  we  should 
bo  entitled  to  everything  that  other  States  are 
entitled  to,  because  we  come  into  the  Union 
on  an  equality.  Now,  every  State  which  is  ad- 
mitted is  entitled  to  certain  grants  of  lands,  and 
certain  rights  and  privileges,  and  if  we  do  not 
have  the  same  as  other  States  have,  we  do  not 
want  to  be  admitted.  This  same  question  was 
up  in  the  Convention  of  last  year.  Then  the 
Legislature  had  passed  an  Enabling  Act,  au- 
thorizing the  Convention  to  form  a  Constitu- 
tion and  State  Government  for  the  "  State  of 
Washoe,"  but  the  Convention  saw  fit  then  to  alter 
the  name  to  Nevada.  I  tiiink  we  have  as  much 
right  to  alter  the  name  in  this  Convention,  and 
it  would  be  much  better  to  call  the  new  State 
Washoe  than  to  make  it  a  mere  namesake  of 
every  stable  and  every  picayune  liquor  shop  in 
the  Territory.  I  hope  we  sliall  adopt  the  name 
of  Washoe. 

Mr.  JOHNSON.  Every  State  admitted  into 
the  Union  is  entitled  to  such  rights,  in  the 
matter  of  representation  in  the  lower  branch 
of  Congress,  and  grants  of  p  iblic  lands,  and 
like  matters,  as  may  be  given  to  it  by  the  act 
under  which  it  is  admitted,  whether  that  act  be 
an  enabling  act,  authorizing  the  formation  of  a 
State  Government  and  its  admission  liy  subse- 
quent proclamation,  or  an  act  of  Congress 
authorizing  such  admission  when  the  State  has 


2d  day.] 


NAME  OF  STATE. 


35 


Tuesday,] 


TozER — Ball — Fitch. 


[July  5. 


been  previously  organized.  There  is  an  exist- 
ing act  of  Congress  establishing  the  ratio  of 
representation,  and  under  that  act,  as  every 
member  knows,  our  population  is  so  meagre  as 
to  constitute  but  a  small  fraction  of  that  which 
would  entitle  us  to  a  Representative.  But  the 
rights  we  have  as  a  State,  in  this  particular,  are 
such  as  Congress  in  its  wisdom  has  granted  to  us. 
Congress  has  provided  that  a  State  called  the 
State  of  "  Nevada"  shall  be  admitted  after  cer- 
tain proceedings  have  been  had,  and  the  Presi- 
dent is  authorized  to  declare  by  proclamation 
the  admission  of  the  State  of  '■  Nevada"  into 
the  Union  ;  and  I  conceive  that  no  other  name 
■would  comply  with  the  terms  under  which  we 
are  to  be  admitted.  It  is  true  that  the  late  Con- 
stitutional Convention  did  override  the  act  of 
the  Legislature  by  substituting  the  name  of 
"  Nevada"  for  "Washoe ;"  but  that  cannot  be 
regarded  as  a  precedent,  because  the  Con- 
vention was  held  entirely  without  author- 
thority  having  previously  been  given  by  Con- 
gress. The  entire  action  of  that  Conven- 
tion depended  upon  the  subsequent  approval  of 
Congress,  for  it  rested  with  Congress  to  say 
v?hether  we  should  be  admitted  under  that 
Constitution  or  not,  and  we  could  just  as  well 
have  been  admitted  by  one  name  as  by  another. 
The  people,  however,  refused  to  ratify  the  action 
of  the  Convention,  and  consequently  Congress 
took  no  action  upon  it,  but  provided  for  the  as- 
sembling of  a  Convention,  by  the  passage  of  our 
Enabling  Act.  In  that  Enabling  Act,  as  I  con- 
ceive. Congress  has  specifically  prescribed  our 
name.  By  that  name  alone  we  acquire,  not 
only  the  right  of  representation,  but  all  the 
other  rights  referred  to  in  that  act.  I  think 
there  are  some  objections  to  that  name  ;  but, 
if  so,  those  objections  should  have  been  made 
known  to  Congress  before  the  passage  of  this 
Enabling  Act.  Now  the  child  is  named  ;  it  has 
been  baptized  by  the  name  of  Nevada,  and 
nothing  short  of  an  act  of  Congress  can  change 
that  name. 

Mr.  TOZER.  I  shall  leave  the  discussion  of 
the  point  as  to  whether  or  not  we  are  concluded 
by  the  Enabling  Act  in  regard  to  the  name,  to 
others.  But  I  have  been  heretofore,  and  am 
now  in  favor  of  the  name  of  "  Nevada,"  for 
this  country.  I  think  it  is  a  beautiful  and 
euphonious  name.  My  colleague,  (Mr.  Collins,) 
says  it  is  unpleasant  and  meaningless  to  him, 
and  the  gentleman  from  Washoe,  (Mr.  Sturte- 
vant,)  urges  that  it  is  liable  to  be  confounded 
with  towns,  cities,  and  mountains.  It  does  not 
seem  to  me  that  there  is  more  liability  of  con- 
fusion on  that  score,  than  there  would  be  with 
almost  any  other  name  that  can  be  suggested. 
We  are  already  well  known  as  the  Territory  of 
Nevada,  and  a  great  part  of  our  Territory  lies 
throughout  its  course  at  the  base  of  the  Sierra 
Nevada  Mountains.  I  think  it  proper  to  call 
the  State  "Nevada,"  on  that  account  alone.  My 
colleague  is  in  favor  of  the  name  of  "  Washoe," 
on  the  ground  of  euphony.  I  take  issue  with 
him  thei-e.      In  my  opinion,  it  is  a  miserable, 


guttural,  meaningless  word,  especially  when 
it  is  pronounced  by  that  half-clad,  abject  tribe  of 
Indians  who  go  by  the  name  of  "  The  Washoe." 
It  is  certainly  a  very  harsh  sounding  word ; 
and  its  meaning  I  have  never  yet  been  able  to 
learn,  either  from  the  aborigines  themselves,  or 
from  those  who  are  acquainted  with  their  lan- 
guage. For  these  reasons,  if  not  for  more  po- 
tent ones,  I  am  in  favor  of  retaining  the  name 
of  •'  Nevada." 

Mr.  BALL.  There  is  another  reason  why 
the  name  of  Nevada  should  be  retained.  In 
the  last  Convention,  a  motion  was  made  to  call 
the  State  Esmeralda,  another  to  call  it  Hum- 
boldt, a  third  Washoe,  and  a  fourth  Nevada ; 
and  the  latter  was  finally  adopted.  The  discus- 
sion on  that  subject  induced  me  to  make  inqui- 
ries of  various  gentlemen  who  came  to  this 
Territory  for  two  or  three  months  thereafter, 
either  on  pleasure  or  on  business,  and  whose 
homes  are  in  the  East.  Without  exception, 
those  gentlemen  told  me  that  they  never  heard 
the  name  of  Washoe  applied  to  this  country  at 
all,  until  they  came  to  California,  except  by 
some  of  their  friends  who  had  resided  in  Cali- 
fornia, and  who  spoke  of  the  mines  of  Washoe  as 
being  very  rich  ;  and  they  said  they  were  sur- 
prised when  they  found  that  by  Washoe  they 
meant  Nevada  Territory.  They  each  and  all 
assured  me  that  the  name  by  which  we  are 
known  throughout  the  East  is  Nevada.  That 
is  one  great  reason,  to  my  mind,  why  we  should 
adopt  that  name.  Then  we  shall  still  be 
known  as  Nevada  at  home  ;  and  when  there 
are  any  reports  or  statements  made  there  in 
reference  to  Nevada,  everybody  will  understand 
where  it  is  at  once.  I  think  there  is  no  good 
reason  why  we  should  change  our  name,  and 
certainly  very  few  persons  in  this  Territory,  or 
among  my  constituents,  at  least,  desire  to 
adopt  the  name  of  Washoe. 

The  question  was  taken  on  the  amendment  to 
strike  out  "  Nevada,"  and  insert  "  Washoe," 
and  the  amendment  was  not  agreed  to. 

The  question  was  taken  on  the  adoption  of 
the  Preamble,  as  originally  read,  and  it  was 
adopted. 

Mr.  FITCH  moved  that  the  Committee  rise, 
report  progress,  and  ask  leave  to  sit  again. 
The  question  was  taken,  and  the  motion  was 
agreed  to  ;  and  the  Convention  accordingly 
rose. 

IN  CONVENTION. 

The  PRESIDENT  having  resumed  the  Chair, 

The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
the  Preamble,  Declaration  of  Rights,  and  other 
matters  ;  had  made  some  progress  therein,  and 
had  instructed  him  to  ask  leave  to  sit  again. 

Mr.  FITCH.  The  Committee  of  the  Whole 
have  reported  the  Preamble,  as  I  understand. 
I  move  that  the  Preamble  be  adopted  by  the 
Convention. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 


36 


RULES  OF  CONVENTION. 


[3d  day. 


Wednesday,]    Crosman— Brosn an— Tozer— President— Hawley—Belden— Dunne.     [July  6. 


HOURS  or  SESSION. 

Mr.  CROSMAN  moved  that  the  regular  hour 
of  daily  meeting  hereafter,  be  nine  o'clock,  A. 
W. 

Mr.  BROSNAN.  I  have  a  resolution  here  in 
regard  to  that  subject  which  I  will  offer,  if  the 
gentleman  will  withdraw  his  motion. 

.Mr.  CROSMAX.     Certainly  ;  I  withdraw  it. 

The  SECRETARY  read  Mr.  Brosnan's  reso- 
lution as  follows  : — 

Sesolved,  That  this  Conventiou  shall,  until  otherwise 
ordered,  meet  at  nine  o'clock,  A.  M.,  each  day,  {Sun- 
days excepted,)  and  continue  in  session  until  noon,  at 
•which  hour  a  recess  shall  be  taken.  It  shall  meet  again 
at  one,  and  hold  its  session  until  five  o'clock,  P.  M. 

The  question  was  taken,  and  on  a  division, 
the  resolution  was  adopted — ayes,  19  ;  noes,  4. 

On  motion  of  Mr.  CROSMAN,  at  twenty -five 
minutes  before  six  o'clock,  P.  M.,  the  Conven- 
tion adjourned. 


THIRD  DAY. 

Carson,  July  G,  1864. 

The  Convention  met  at  ton  o'clock,  A.  M., 
and  was  called  to  order  by  the  President. 

In  the  temporary  absence  of  the  Secretary 
the  Official  Reporter  called  the  roll,  and  twen- 
ty-eight members  responded  to  their  names,  the 
ab.sent  members  being  Messrs.  Belden,  Fitch, 
Haines.  Jones,  Mason,  McClinton,  Morse,  War- 
wick, Wellington,  Wetheriil,  and  Williams. 

Prayer  was  offered  by  Rev.  Mr.  Riley. 

The  journal  of  yesterday  was  read  and  ap- 
proved. 

Mr.  TOZER.  I  find  there  is  a  newly  arrived 
member,  my  friend  Mr.  B.  S.  Mason,  of  Esmer- 
alda ;  and  at  a  proper  time  I  shall  propose  that 
he  be  sworn  in. 

The  PRESIDENT.  Our  order  of  business 
is  "  Reports  of  Standing  Committees,"  but 
we  have  as  yet  no  Standing  Committet'S,  and 
all  the  Special  Commictees,  I  understand,  made 
their  reports  yesterday. 

RULES   OK   THE    CONVENTION. 

Mr.  BROSNAN.  I  rise  for  information.  I 
would  like  to  ascertain  from  some  gentleman 
from  Ormsby  County  whether  or  not  it  is  pnssi- 
ble  to  obtain  copiis  of  the  Rules  of  the  last 
A8S(  mbly. 

Mr.  HaWLEY.  I  have  inquired  of  the  Ser- 
geant-at-Arms.  and  be  inform-'  me  that  lie  is 
unable  to  find  them.  I  have,  therefore,  pre- 
pared a  resolution  to  print  them. 

The  PRESIDENT.  Motions  and  resolutions 
are  in  order  as  the  regular  order  of  business. 

Mr.  IIAWLEY.  Then  I  will  send  up  my 
resolution.  The  Sergeant-at-Arms  now  illtb^m^ 
me,  however,  that  he  thinks  there  is  a  desk  in 
the  County  Clerk's  ofllce,  in  which  there  are  a 
number  of  copies,  and  as  soon  as  he  can  get 
into  that  office  he  will  try  to  find  them. 


The  PRESIDENT.  If  the  gentleman  desires, 
the  resolution  can  be  read  and  then  withdrawn 
or  laid  over. 

The  SECRETARY  read  :— 

Resolved,  That  this  Convention  order  to  be  printed 
one  hundred  copies  of  the  Kules  and  Order  of  Busi- 
ness of  the  Territorial  Legislative  Assembly,  adopted 
by  this  Convention  July  ,5,  1864. 

Mr.  HAWLEY  withdrew  the  resolution  tem- 
porarily. 

LIMITATION   OF   SPEECHES. 

Mr.  BELDEN  offered  the  following,  which 
was  read  : 

W' HEREAS,  The  people  of  the  Territory  of  Nevada 
expect,  and  it  is  due  to  them,  that  the  term  of  this 
Convention  be  made  as  short  as  possible ;  and  whereas, 
considering  the  grounds  upon  which  the  Convention 
has  based  its  proceedings  for  fraiming  a  Constitution 
for  the  coming  State  of  Nevada,  it  is  believed  that  the 
work  can  soon  be  accompUshed ;  therefore  be  it 

Resolved,  That  each  member  of  this  Conventiou  shall 
be  allowed  fifteen  minutes,  and  no  more,  for  his  own 
expressions  upon  any  one  subject  matter  that  may 
come  before  this  Convention  during  its  term. 

Mr.  STURTEVANT.  I  second  the  resolu- 
tion. 

The  PRESIDENT.  Before  I  put  the  ques- 
tion on  this  resolution  I  desire  to  call  attention 
to  one  of  the  rules  which  we  have  already 
adopted,  because  there  may  be  some  conflict  be- 
tween the  resolution  proposed  and  that  rule.  I 
refer  to  rule  XII,  which  reads  as  follows  : — 

12.  No  member  shall  speak  more  than  twice  to  the 
same  general  question,  ■without  leave  of  the  House, 
uutil  every  member  desiring  to  speak  on  the  question 
pending  shall  have  spoken. 

That  there  may  be  no  confusion  in  our  rules, 
I  simply  suggest  that  the  resolution  be  so 
framed  as  not  to  conflict  with  one  of  the  estab- 
lished rules  of  the  Convention.  There  may  be 
some  question  arising  hereafter  as  to  the  con- 
struction to  be  given  to  this  resolution. 

Mr.  BELDEN.  I  believe  the  Convention 
owes  it  to  itself  to  adopt  this  resolution  as  it 
is  offered. 

Mr.  DUNNE.  Do  not  the  rules  require  that 
a  notice  of  one  day  shall  be  given  before 
changing  one  of  the  standing  rules  of  the  Con- 
vention ? 

The  PRESIDENT.  I  have  not  a  copy  of  the 
rules,  but  the  Secretary  informs  me  that  there 
is  such  a  standing  rule. 

Mr.  DUNNE.  I  supposed  there  was,  and  I 
would  suggest  to  the  gentleman  that  he  give 
notice  that  to-morrow  he  will  move  to  amend 
that  standing  rule  ;  I  think  the  rule  should  be 
amended  in  that  respect,  and  if  the  gentleman 
does  not  do  so,  I  will  give  that  notice  myself. 

Mr.  BROSNAN,  We  might  su.spend  that 
rulr,  and  h^t  the  resolution  be  acted  upon  now. 

The  I'Rl-JSIDENT.  The  rub  s  which  we  have 
adoplel  provide  that  no  standing  rule  or  order 
of  tiie  House  shall  be  changed,  except  upon  a 
motion  of  which  at  least  one  day's  notice  shall 
liave  been  given,  stating  the  specific  object  of 
such  change  ;  and  the  amendment  to  be  made 
mus-t  be  distinctly  specified.  These  rules,  it  oc- 
curs to  me,  do  not  all  apply  very  well  to  this 


3d  day.] 


RULES  OF  CONVENTION. 


37 


Wednesday,]      Dunne — President — Mason — Hawley — Tozer — Nourse — DeLong.      [July  6. 


body.  There  seems  to  me  to  be  a  very  wide 
diiference  between  a  Convention  and  a  Legisla 
tare ;  and  the  rules  which  would  properly  be 
applicable  to  a  Legislature  would  not  always 
apply  to  a  Convention. 

Mr.  DUNNE.  I  imagine  not ;  but  it  seems 
to  me.  however  they  may  be  construed,  that  if 
two  thirds  of  any  parliamentary  body  wish  to 
amend  a  rule,  they  may  do  so.  And  for  the  pur- 
pose of  seeing  wlaether  or  not  this  amendment 
can  be  made  now,  I  move  that  that  portion  of 
the  standing  rule  of  the  Convention  which  re- 
lates tothe  time  that  may  be  occupied  by  a  speak- 
er, whether  it  be  embraced  in  one  or  two  of  the 
rules,  be  suspended,  for  the  purpose  of  making 
an  amendment,  and  as  it  requires  to  be  dis- 
tinctly stated,  I  offer  this  as  an  amendment : — 

Resolved,  That  no  person  shall  be  allowed  to  speak 
more  than  fifteen  minutes  on  any  one  subject,  nor 
more  than  once  upon  that  subject,  so  long  as  any  other 
member  who  wishes  to  express  his  opinions  has  not 
been  heard. 

The  PRESIDENT.  I  suggest  that  the  gen- 
tleman from  Humboldt  should  reduce  his  mo- 
tion to  writing,  as  it  is  intended  to  become  one 
of  our  standing  rules. 

Mr.  DUNNE.     I  will  do  so,  sir. 

The  PRESIDENT.  On  examination  of  these 
rules,  so  far  as  1  can  discover,  it  is  not  neces- 
sary that  one  day's  notice,  or  that  any  notice, 
shall  be  given ;  because  1  find  that  it  is  pro- 
vided that  any  rule  may  be  altered  or  changed 
by  a  two-thirds  vote.  It  will  be  entirely  in 
order,  therefore — I  address  myself  to  the  gen- 
tleman (Mr.  Belden)  who  first  offered  the  reso- 
lution— to  move  to  amend  the  rule  as  it  now 
stands,  by  substituting  his  resolution.  And 
then,  if  the  gentleman  from  Humboldt  (Mr. 
Dunne)  desires,  he  can  offer  an  amendment  in 
order. 

Mr.  BELDEN.    I  make  that  motion. 

The  PRESIDENT.  The  Secretary  will  read 
the  amendment  proposed  to  Rule  XII. 

The  SECRETARY  read  :— 

Each  member  of  this  Convention  shall  be  allowed 
fifteen  minutes,  and  no  more,  for  his  own  expressions 
upon  any  one  subject  matter  that  may  come  before 
this  Convention  during  its  term. 

member  sworn. 

Mr.  TOZER  reminded  the  President  that  Mr. 
Mason,  of  Esmeralda,was  present,  and  suggested 
that  he  be  sworn  in. 

Mr.  B.  S.  MASON,  of  Esmeralda,  came  for- 
ward, and  after  taking  the  oath  of  office,  ad- 
ministered by  Judge  Wright,  and  subscribing 
to  the  same,  took  his  seat  as  a  member  of  the 
Convention. 

THE   RULES — AGAIN. 

Mr.  DUNNE.  I  now  desire  to  offer  my  amend- 
ment to  the  standing  rule  ;  to  add  these  words  : 
''And  in  no  case  shall  any  member  be  allowed 
to  occupy  more  than  fifteen  minutes  at  any  one 
time."     So  that  the  rule  as  amended  will  read  : 

No  member  shall  speak  more  than  twice  to  the  same 
general  question  without  leave  of  the  house,  until  every 
member  desiring  to  speak  on  the  question  pending 


shall  have  spoken,  and  in  no  case  shall  any  member  be 
allowed  to  occupy  more  than  fifteen  minutes  at  any  one 
time. 

Mr.  HAWLEY.  I  would  suggest  that  that  rule 
would  be  likely  to  become  rather  obsolete,  and 
I  will  ask  the  gentleman's  permission  to  add 
the  words,  "  unless  by  leave  of  the  House." 

Mr.  DUNNE.  The  Convention  seems  to  have 
varied  somewhat  from  the  opinion  which  pre- 
vailed yesterday  against  protracted  discus- 
sion. 1  stated  yesterday  that  I  did  not  wish  to 
set  a  bad  example,  therefore  I  limited  myself 
to  five  minutes.  I  do  not  wish  to  see  any  such 
bad  example  set ;  but,  at  the  same  time,  I  do 
not  wish  to  limit  every  man  to  five  minutes, 
and  therefore  I  say  that  no  one  shall  speak 
more  than  fifteen  minutes.  It  seems  to  me  that 
that  is  long  enough. 

Mr.  NOURSE.  It  seems  to  me  that  there 
might  happen  occasions  where  justice  would 
require  a  prolongation  of  that  time. 

Mr.  DUNNE.  Then  it  can  be  done  by  a  two- 
thirds  vote  suspending  the  rule. 

Mr.  NOURSE.  I  would  like  to  have  inserted, 
"  unless  the  House  grants  leave." 

Mr.  DUNNE.  Do  you  mean  by  that,  unan- 
imous leave  ? 

Mr.  NOURSE.    Certainly. 

Mr.  DUNNE.     Very  well ;  I  will  accept  that. 

The  PRESIDENT.  The  Chair  will  state  the 
position  of  the  question  :  If  the  amendment 
be  adopted,  as  proposed  by  the  gentleman  from 
Humboldt,  the  rule  will  be,  that  a  member  may 
speak  twice  with  the  leave  of  the  House,  but 
not  more  than  fifteen  minutes  in  the  aggregate, 
unless  by  leave  of  the  House— unless  the  rule 
be  suspended  for  that  purpose. 

Mr.  TOZER.  It  is  poor  economy  of  time,  it 
strikes  me,  to  spend  the  whole  day  in  f  xing 
this  rule,  when  we  might  be  progressing  with 
the  work  before  us.  I  hope  we  shall  come  to 
some  determination. 

Mr.  NOURSE.  I  understand  the  gentleman 
from  Humboldt  to  accept  my  amendment  to 
add  the  words,  "  unless  by  leave  of  the  House." 

Mr.  DUNNE.  The  gentleman  made  that  pro- 
position, and  I  asked  him  if  he  meant  it  to  be 
"  unanimous  leave  of  the  House."  He  assent- 
ed to  that,  and  I  accepted  it  in  that  language. 

Mr.  TOZER.  I  move  to  lay  the  whole  sub- 
ject matter  of  the  amendment  of  this  rule  on 
the  table. 

The  question  was  taken  by  a  division,  and 
the  motion  to  lay  on  the  table  was  not  agreed 
to — ayes,  11  ;  noes,  18. 

Mr.  DeLONG.  As  I  prefer  the  original  to 
the  substitute,  I  move  to  lay  the  substitute  on 
the  table. 

The  question  was  taken  by  a  division,  and 
the  motion  to  lay  on  the  table  was  not  agreed 
to — ayes,  13  ;  noes,  14. 

Mr.  NOURSE  called  for  the  reading  of  the 
substitute  as  modified. 

The  SECRETARY  read  :— 
No  member  shall  speak  more  than  twice  to  the  same 
general  question  without  leave  of  the  Convention,  un- 
til every  member  desiring  to  speak  on  the  question 


2QH'7ii{) 


38 


RULES  OF  CONVENTION. 


[3d  day 


Wednesday,]         President— DeLoxg — Hawlkt— Sturtevant— Chapix — Banks.         [July  6. 


pending  shall  have  spoken,  and  in  no  case  shall  any 
member  be  allowed  to  occupy  more  than  fifteen  mln- 
ntes  at  any  one  time,  except  by  unanimous  consent  of 
the  Convention. 

The  question  was  taken  on  the  adoption  of 
the  substitute,  and  it  was  adopted. 

The  PRESIDENT.  The  position  of  the  ques- 
tion now  is,  that  the  substitute  having  been 
adopted  for  the  amendment  to  the  rule  propos- 
ed by  the  gentleman  from  Washoe,  (Mr.  Bel- 
den,)  the  question  rtcurs  upon  the  adop- 
tion of  that  amendment  to  the  rule,  as  amend- 
ed, and  upon  that  a  two-thirds  vote  is  required. 

Mr.  DkLONG.  Can  the  standing  rules  be 
amended  without  a  preliminary  notice? 

The  PRESIuENT.  That  inquiry  was  made 
a  little  while  ago.  and  I  could  not  find  any 
standing  rule  requiring  a  preliminary  notice. 

Mr.  DUNNE.  I  would  ask  Ihat  the  Secreta- 
ry read,  for  information,  the  rule  in  regard  to 
amendment  of  the  rules. 

The  PRESIDENT.  The  question  is  on  the 
adoption  of  the  substitute  for  Rule  XII. 

Mr.  CROSMAN.  I  understand  it  is  not  a 
substitute,  but  an  addition  to  that  rule. 

The  PRESIDENT,  The  gentleman  is  cor- 
rect. 

Mr.  DeLONG.  I  call  for  a  division  on 
adopting  the  amendment. 

The  question  was  taken  by  a  division,  and 
the  vote  stood— ayes,  19  ;   noes,  9. 

Mr.  DeLONG.  I  understand  that  the  amend- 
ment is  lost,  because  the  affirmative  side  has 
not  a  two-thirds  vote  of  all  the  members  elect- 
ed. 

Mr.  STURTEVANT.  It  seems  to  me  that 
that  would  V)e  rather  a  singular  precedent  to 
establish.  Suppose  there  were  not  two-thirds 
of  the  members  I'lected  here? 

The  PRESIDENT.  The  gentleman  from  Sto- 
rey is  correct ;  the  amendment  is  lost. 

Mr.  FITCH.  It  occurs  to  me,  Mr.  President 
that  we  made  a  mistake  yesterday,  and  one 
that  we  might  just  as  well  coirect  this  morn- 
ing. When  the  committee  reported  back  the  [ 
Preamble,  I  moved  its  adoption,  and  it  is  re- 
corded as  adopted,  on  the  minutes.  Now  ] 
have  not  read  the  rules,  but  I  would  suggest 
that  the  Preamble  will  rcquiri?  to  receive  three 
several  readings  ;  and  I  further  suggest  that 
we  take  it  up  and  read  it  now. 

Mr.  DkLONG.  What  is  the  regular  order  of 
bu'^iness? 

The  PRESIDENT.     Motions  and  resolutions. 

Mr.  HAWLEY.  I  learn  from  the  Sergeant- 
at-Arm-i  that  he  has  bi'eii  unable  to  find  copies 
of  the  rules  we  have;  adopted,  and  they  are  en- 
tirely lost.  I  therefore  renew  my  resolution  — 
that  the  Secretary  be  required  to  furnish  a 
copy  of  the  rules  to  the  printer,  to  be  printed 
for  the  use  of  the  members  ;  Ijut  I  do  not  know 
as  he  will  print  them  without  some  promise 
of  compensiition. 

Tlie  SECRETARY  read  the  resolution,  as  fol- 
lows : — 

Retolved,  That  this  Convention  order  to  be  printed 
100  copies  of  the  rules  and  order  of  business  of  the 


Territorial  Legislative  Assembly,  adopted  by  this  Con- 
vention July  5,  1864. 

Mr.  FITCH.  If  any  gentleman  here  thinks 
the  printer  will  do  it  and  take  the  rough 
chances  of  pay.  I  think  we    had  better  let  him. 

Mr.  DkLONG.  I  suggest  that  we  call  upon 
the  gentleman  from  Ormsby,  (Mr.  Crawford,) 
for  information. 

Mr.  STURTEVANT.  I  wish  to  give  notice 
of  a  motion  to  amend  that  two-thirds  arrange- 
i  ment,  [laughter  ]  so  that  we  shall  be  able  to 
[do  business.  AVe  might  perhaps  be  caught 
without  any  two-thirds  of  the  members  elected 
here,  and  then  we  should  find  ourselves  in  a 
tight  place,  not  being  able  to  do  anything  at 
all.  1  think  that  any  gentleman  who  was  a 
member  of  the  last  Legislature  will  understand 
pretty  well  what  I  mean.  We  were  "  tight  up" 
there  pretty  nearly  all  the  time,  from  the  be- 
ginning to  the  end. 

The  PRESIDENT.  The  gentleman's  notice 
will  be  entered  upon  the  minutes. 

Mr.  CHAPIN.  I  hope  that  this  resolution 
to  print  will  not  be  adopted,  and  for  this  rea- 
son :  Those  rules  were  prepared  for  another 
and  difi'erent  body  entirely,  and  they  are  not 
it  all  appropriate  to  the  government  of  the 
proceedings  of  this  body.  It  would  be  a  great 
expense  to  print  them  ;  it  would  occasion  con- 
siderable delay  ;  and  they  would  be  of  no  ac- 
count whatever  after  they  were  printed.  Now, 
I  wish  to  avoid  that  expense  and  inconvenience, 
and  I  propose,  as  a  substitute  for  that  resolu- 
tion, that  we  do  as  we  did  at  the  last  Convention 
— adopt  the  rules  prescribed  in  Jefferson's  Man- 
ual, and  let  us  be  governed  by  tbem  wholly, with- 
out going  any  further.   I  now  make  that  motion. 

Mr.  BANKS.  I  apprehend  that  every  practi- 
cal difficulty  will  be  avoided  by  common  con- 
sent in  regard  to  that  motion.  The  reason  why 
these  rules  were  adopted  by  the  Convention 
was  the  statement  which  has  been  repeated 
here,  that  we  eouM  probaljly  find  a  hundred 
copies  of  them  already  printed.  But  for  that 
supposition,  the  committee  probably  would 
have  reported  in  favor  of  a  proposition  sim- 
ilar to  that  now  made  by  the  gentleman  from 
Storey,  (Mr.  Chapin.)  I  hope,  under  the  cir- 
cumstances, that  the  motion  will  prevail,  and 
that  we  shall  adopt  Jtfferson's  Manual  as  the 
embodiment  of  the  rules  for  the  government  of 
this  body.  The  rules  laid  down  in  Jefferson's 
Manual  have  become  the  common  law  in  par- 
liamentary matters.  They  are  understood  by 
all  those  who  are  accustomed  to  the  delibera- 
tions of  bodies  of  this  character.  And,  then, 
with  a  few  books,  we  can  get  along  much  better 
here  than  we  could  with  a  few  copies  of  these 
rules.  I  hope  the  motion  will  prevail,  and  a 
number  of  copies  of  Jefferson's  Manual  can 
tiien  be  procured  and  passed  around  among  the 
members,  and  we  can  get  along  much  more 
eeononiicallv  than  l»y  any  other  course. 

The  PRESIDENT— The  Chair  would  suggest 
that  the  gentleman  from  Storey,  (Mr.  Chapin,) 
reduce  his  motion  to  writing. 


3d  day.] 


RULES  OF  CONVENTION. 


39 


Wednesday,]        Hawlet— Chapin— Nourse — Proctor— Dunne— DeLong — Fitch.        [.July  C. 


Mr.  HAWLEY.  I  merely  introduced  this  I 
resolution  to  get  the  matter  before  the  Conven-  j 
tion.  I  presumed  myself  that  there  would  be  | 
difficulty  in  obtaining  the  printing,  and  1 1 
think  there  will  be  no  opposition  to  the  amend- ! 
ment  of  the  gentleman  from  Storey.  I  will  j 
therefore,  with  the  leave  of  the  Convention, ; 
withdraw  my  resolution. 

Mr.  CHAPIN.    I  will  offer  the  following  : 

Resolved,  That  the  rules  prescribed  in  Jefferson's 
Manual  be  adoiDted  for  the  government  of  this  Conven- 
tion. 

Mr.  NOURSE.  I  second  the  resolution,  for 
the  purpose  of  making  a  remark  upon  it.  I 
suppose,  as  it  stands  now,  the  rules  of  the  last 
House  are  the  rules  of  this  body,  and  they  can- 
not be  suspended,  except  by  a  two-thirds  vote. 
Now,  I  find,  by  reference  to  those  rules,  that  a 
motion  to  reconsider  is  in  order,  and  I  would 
inquire  whether,  if  this  resolution  be  withdrawn, 
and  a  motion  to  reconsider  passed,  it  w'ill  not 
leave  us  where  we  were  before  adopting  those 
rules.  If  so,  then  we  could  adopt  Jefferson's 
Manual  instead. 

Mr.  CHAPIN.  I  will  withdraw  the  resolu- 
tion for  that  purpose. 

Mr.  NOURSE.  Then  I  move  that  the  vote 
by  which  the  Convention  adopted  the  rules  of 
the  last  Legislature  be  reconsidered,  they  hav- 
ing been  adopted  simply  because  it  was  be- 
lieved that  we  had  a  large  number  of  printed 
copies,  and  it  now  appearing  that  that  was  a 
mistake.  I  see  no  reason  for  adopting  them 
whatever,  as  this  is  a  different  body  altogether 
from  a  Legislature,  and  as  the  only  reason  given 
for  adopting  them  has  been  found  not  to  exist. 

Mi-.  DeLONG.  As  a  question  of  order,  I  will 
state  that  a  motion  to  reconsider -can  only  be 
made  on  notice  given. 

Mr.  NOURSE.  No,  sir  ;  the  rule  says,  sim- 
ply, that  a  motion  to  reconsider  shall  not  be 
made,  except  upon  the  same  day,  or  the  follow- 
ing day,  and  I  will  add,  for  the  information  of 
the  gentleman,  that  I  voted  in  the  majority. 

The  question  was  taken,  and  the  motion  to 
reconsider  was  agreed  to. 

Mr.  CHAPIN.    I  now  offer  my  resolution. 

The  PRESIDENT.  The  vote  having  been  re- 
considered, the  question  now  before  the  Con- 
vention is  upon  the  adoption  or  rejection  of 
the  report  of  the  Committee  recommending 
these  rules.  That  is  open  to  amendment,  and 
I  understand  the  gentleman  from  Storey  (Mr.  I 
Chapin)  now  offers  this  as  an  amendment  to  the  | 
report  of  the  Committee.  I 

The  SECRETARY.  The  report  is— first,  the  , 
order  of  business  ;  second,  recommending  the  j 
adoption  of  the  rules,  so  far  as  applicable  ;  and  | 
third,  recommending  the  adoption  of  Jeffer- 
son's Manual  in  matters  to  which  the  rules  of 
of  said  Legislature  may  not  apply. 

The  PRESIDENT.  The  amendment,  then,  ap- 
plies only  to  that  portion  which  relates  to  the 
rules. 

The  question  was  taken  on  the  adoption  of 
Mr.  Chapin's  amendment,  and  it  was  adopted. 


The  question  recurred  upon  the  adoption  of 
the  report  of  the  Committee  on  Rules  and 
Order  of  Business  as  amended,  and  it  was 
adopted. 

PRINTING. 

Mr.  PROCTOR  offered  the  following  resolu- 
tion, which  was  read  and  adopted  : — 

Resolved,  That  a  committee  of  three  be  appointed  to 
make  arrangements  for  the  necessary  printing  for  thia 
Convention. 

The  PRESIDENT  appointed  as  such  Com- 
mittee, Messrs.  Proctor,  Fitch,  and  Crawford. 

LIMITATION   OF   SPEECHES — AGAIN. 

Mr.  DUNNE.  Now,  Mr.  President,  while  I 
cannot  but  admire  the  parliamentary  tact  of 
those  gentlemen  who  are  opposed  to  limiting 
the  time  of  speaking,  yet  I  cannot  but  notice 
their  practical  ingratitude,  manifested  by  so 
soon  rejecting  the  very  means  by  which  they 
carried  their  point.  But,  as  the  two-thirds  rule 
is  now  out  of  the  question,  I  offer  this  resolu- 
tion, which  I  send  up  to  the  desk. 

Mr.  DeLONG.  I  would  ask  if,  under  the 
Manual,  it  is  in  order  to  offer  the  same  resolu- 
tion twice  on  the  same  day,  after  a  final  vote 
upon  it? 

The  PRESIDENT.  The  Chair  is  in  doubt 
about  it;  the  Convention  changes  its  rules  so 
often. 

Mr.  DeLONG.  I  submit,  that  after  the  ac- 
tion of  the  Convention,  adopting  Jefferson's 
Manual,  a  proposition  submitted  and  voted 
upon  on  one  day  cannot  on  that  day  be  again 
brought  before  the  House. 

Mr.  DUNNE.  Even  admitting  that  to  be 
the  case,  which  I  do  not  doubt,  still  it  was  not 
an  original  resolution  which  was  formerly 
voted  upon,  but  only  an  amendment. 

The  PRESIDENT.  The  Chair  conceives  that 
the  resolution  offered  by  the  gentleman  from 
Humboldt  embi'aces  substantially  the  same 
subject  matter  as  that  which  has  already  beeu 
voted  upon.  The  Chair  is  therefore  constrained 
to  rule  the  point  of  order  well  taken. 

THE  PREAMBLE. 

The  PRESIDENT  announced,  as  the  order  of 
business,  the  second  reading  and  reference  of 
bills. 

Mr.  FITCH.  Now,  I  move  that  the  Pream- 
ble to  the  Constitution,  the  adoption  of  which 
was  carried  yesterday,  be  taken  up  and 
read  a  second  time.  We  committed  an  error, 
yesterday,  in  adopting  it  as  a  finality,  and  I 
want  to  get  out  of  it  as  easily  as  possible.  If 
we  pass  it  to  its  second  reading,  I  think  it  might 
be  well  to  defer  the  third  reading  until  the  en- 
tire Article  —  the  Declaration  of  Rights  —  be 
also  considered  and  adopted.  Then  we  can 
give  them  their  third  reading  all  together,  and 
pass  them  as  one  bill. 

Mr.  DeLONG.  I  think  we  made  a  mistake, 
yesterday,  by  adopting  this  Preamble,  when  it 
should  have  been  only  read  a  second  time,  and 
referred  to  the  Committee  of  the  Whole,  to  be 


40 


PREAMBLE. 


[3d  day. 


Wednosday,]        Banks— Stubtevant— Fitch— DeLoxg— President— Nourse. 


[July  6. 


there  considered,  and  reported  back  again  for 
the  action  ol  the  Convention.  It  strikes  me. 
that  the  only  question  now  is,  on  the  third 
reading:  and  passage  of  the  Preamble  as  report- 
ed back  from  the  Committee  of  the  Wbole,  and 
then  we  can  order  it  to  an  engrossment. 

Mr.  BANKS.  We  have  been  guilty  of  an 
error  in  this  matter,  and  now  we  wish  to  reme- 
dy it,  so  as  to  give  the  Preamble  its  three  read- 
ings, and  pass  upon  it  three  times,  in  regular 
course  of  business.  The  first  reading  is  always 
for  information,  according  to  the  rules,  and  no 
motion  is  then  in  order  except,  ".'■hall  the  bill 
or  resolution  be  rejected  ?  "  We  should  have 
read  it  yesterday,  ibr  information,  but  we  in- 
dulged in  the  informality  of  referring  it  at 
once.  Now  we  have  read  it  once,  and  acted 
upon  it  in  Committee,  but  we  have  not  read  it 
a  second  time.  The  proi)osition  now  is.  to  take 
it  up,  and  read  it  a  second  time:  and  if  we  do 
that,  we  have  complitd  with  all  the  require- 
ments of  parliamentary  law.  It  is  not  necessa- 
ry that  we  should  be  guilty  of  any  informality 
to-day  because  we  were  yesterday,  and  I  hope 
we  shall  not  discuss  our  errors  of  yesterday,  to 
the  detriment  of  our  progress. 

Mr.  STURTEVANT.  This  motion  looks  to 
me  like  splitting  hairs.  If  we  desire  to 
read  the  Preamble  three  times,  we  can  do  so  ; 
but  it  makes  no  difference  whether  we  do  or 
not,  because  it  all  has  to  go  before  the  people 
of  the  country,  and  we  can  make  nothing  out 
of  it,  except  by  the  vote  of  the  people. 

Mr.  DeLONG.  Under  our  own  rules,  we 
shall  have  to  refer  it  to  the  Committee  of  the 
Whole  again,  and  I  really  think  we  may  as  well 
pass  it  now. 

Mr.  FITCH.  I  think  we  might  do  anything,  ra- 
ther than  prolong  this  discussion.  I  am  willing 
to  read  it  three  times  now,  or  do  anything  else. 

Mr.  CIL\PIN.  Let  us  act  upon  it,  and  go 
to  work. 

The  PRESIDENT.  I  think  the  gentleman 
from  Storey  is  correct —  that  we  will  have  to 
go  over  the  same  ground,  if  we  take  this  up 
again  ;  and  the  difficulty  arises,  possibly,  from 
the  exercise  of  undue  haste  in  attempting  to  get 
throiiL'h  our  liusiness  in  a  few  days.  I  think  if 
we  adopt  rules,  we  should  try  to  conform  to 
them,  and  if  we  want  our  rules  simplified,  we 
Bhould  devise  such  rules  as  will  be  calculated 
to  meet  our  purposes.  It  is  naturally  sup- 
posed that  the  requisite  time  will  be  taken 
to  comply  with  all  the  rules.  The  proposition 
now  will  be,  as  the  Chair  understands  it,  to 
place  the  Preamble  upon  its  third  reading. 

Mr.  FITCH.  Is  it  desired  to  read  the  Pre- 
amble and  Declaration  of  Rights  all  together? 

Mr.  DkLONG.  I  understand  it  comes  up  as 
the  report  of  a  committee,  and  the  question 
shouhl  1)1-  on  adopting  the  report. 

Mr.  FITCH.  I  move  that  the  Preamble  be 
placed  on  it'^  IhirrI  reading. 

The  PRESIDE.VT.  Does  the  gentleman  from 
Storey.  (Mr.  DeLong.)  raise  any  point  of  order? 

Mr.  DeLONG.    No  sir. 


I      The  PRESIDENT.     The  question  will  be  on 
1  the  third  reading  of  the  Preamble.     The  Sec- 
i  retary  will  read  it. 
I      The  SECRETARY  read  as  follows  :— 

PEE.^MBLE. 

j     We,  the  people  of  the  State  of  Nevada,  grateful  to 
'  Almighty  God  for  our  freedom,  in  order  to  secure  its 
;  blessings,  insure  domestic  tranquility,   and    form    a 
more  perfect  Government,  do  establish  this  Constitu- 
tion. 

I  Mr.  NOURSE.  It  strikes  me,  Mr.  President, 
that  that  should  be  the  last  thing  we  do.  We 
do  not  want  to  establish  this  Constitution  until 
we  know  what  Constitution  we  have  adopted, 

I  and  are  soing  to  establish. 

Mr.  STURTEVANT.     It   appears   to   me   it 

1  would  be  better  to  finish  the  thing  up  as  we  go 

:  along.  Then  the  last  day's  work  we  do  we 
have  it  all  done,  and  done  with  it.'  If  we  go 
on  and  do  not  have  the  engrossing  done  till  we 

,  iiave  the  whole  finished,  we  shall  have  to 
adjourn  over  several  days,  and  then  meet  for 
the  purpose  of  adopting  tlie  whole  Constitution. 
But  if  we  finish  the  work  as  we  no  along  by 
sections,  then  the  moment  we  get  through  with 

j  the  last  of  them,  our  work  is  all  completed, 
and  we  can  adopt  it  as  a  whole,  and  go  home 
about  our  business. 

The  question  was  taken  on  ordering  the  Pre- 
amble to  a  third  reading,  and  it  was  agreed  to, 

MODE  OP   PROCEDDRE. 

Mr.  BANKS.  In  order  to  get  information,  so 
as  to  understand  just  what  we  are  about,  and 
where  we  are,  I  wish  to  ask  the  Chair  a  few 
questions  as  to  what  is  the  understanding  of 
the  Convention,  and  what  the  decision  of  the 
Chair  will  be,  in  reference  to  our  mode  of  pro- 
cedure. It  occurs  to  me  that  it  would  not 
he  improper  to  regard  the  adoption  of  this 
basis  as  the  first  reading  of  a  bill,  and  to  con- 
sider ourselves  as  a  deliberative  body  about  to 
proceed  to  the  second  reading  of  a  bill.  If  we 
pursue  that  course,  I  think  our  way  is  plain. 
We  can  refer  the  instrument,  or  any  parts  of 
it,  to  the  Committee  of  the  Whole,  and  then, 
when  they  report  it  back,  we  have  the  question, 
shall  the  report  be  adopted?  and  if  adopted, 
then  comes,  in  the  ordinary  legislative  course, 
the  third  reading  of  the  bill. 

The  PRESIDENT.  The  Chair  is  not  prepared 
to  .say  tliat  passing  a  resolution  making  this 
Constitution  the  basis  of  our  action  is  equiva- 
lent to  giving  the  whole  instrument  its  first 
reading.  The  Chair  considers  that  we  have 
adopted  it  as  our  basis,  but  not  that  the  whole 
instrument  has  received  its  first  reading.  It 
is  competent  for  the  Convention  to  take  ac- 
tion now,  or  at  any  time,  to  give  the  Constitu- 
tion its  first  reading,  or  consider  it  read  a  first 
time. 

Mr.  BANKS.  It  strikes  me  that  that  ruling 
is  eminently  proper;  but  as  a  matter  of  con- 
venience, and  I  think  it  will  meet  the  wishes  of 
the  Convention,  I  suggest  that  it  would  be 
proper  to  consider  the  whole  Constitution  as 
having  been  read  a  first  time.    I  move,  thercx 


3d  day.] 


DECLARATION  OF  RIGHTS. 


41 


Wednesday,] 


Banks — President — DeLong — Wakwick— Fitch. 


[July  6. 


fore,  that  this  entire  document  be  read  a  first 
time  by  title  —  this  Constitution  of  the  State  ot 
Nevada,  as  we  have  it  here  printed. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

The  SECRETARY  read  the  title  — "Consti- 
tution OF  THE  State  of  Nevada." 

Mr.  BANKS.  Now  there  is  another  point 
upon  which  I  de.sire  informatiom  myself.  I 
wish  to  know  whether  we  are  to  proceed  with 
this  matter  as  a  whole  bill  divided  into  sec- 
tions, or  to  regard  each  section  or  article  as 
one  bill. 

The  PRESIDENT.  As  the  whole  matter  has 
been  read  once,  the  entire  Constitution  is  be 
before  the  Convention  for  its  action,  ex- 
cept the  Preamble,  which  has  already  been 
adoptf'd,  and  passed  to  a  third  reading  ;  and 
the  Chair  will,  upon  each  successive  occasion, 
when  going  into  Committee  of  .the  Whole  upon 
any  particular  part  of  the  Constitution,  hold 
that  only  so  much  of  it  as  is  referred  to  tht 
Committee,  from  time  to  time,  isunder  consid- 
eration. The  Chair  may  not  be  correct  in  this 
view,  considering  that  we  have  already  passed 
the  whole  instrument  to  the  first  reading  ;  but 
perhaps  it  will  relieve  the  matter  of  some  difii- 
culty  if  we  understand  that  each  article  is  to 
be  considered  separately  and  distinctly. 

Mr.  BANKS.  With  the  explanation  of  the 
Chair,  and  with  the  decision,  as  I  understand  it, 
I  am  content. 

Mr.  DeLONG.  I  think  a  little  time  wasted 
in  considering  this  matter  will  be  a  saving  of 
time  in  the  end. 

The  PRESIDENT.  The  Chair  will  be  happy 
to  hear  any  suggestions  from  the  gentleman's 
experience. 

declaration  op  rights. 

Mr.  DeLONG.  This  Constitution  is  divided 
into  articles,  and  it  is  impossible  that  in  any 
one  day,  or  one  half  of  a  day  —  any  one  sit- 
ting—  we  should  dispose  of  it  in  Committee. 
And  we  have,  in  addition,  to  report  it  back 
Now  why  not  treat  it  as  if  composed  of  sepa- 
rate bills  ?  For  instance,  to-day  we  call  up  the 
first  article,  and  refer  it  to  the  Committee  of 
the  Whole ;  then  the  Convention  goes  into 
Committee  of  the  Whole  to  consider  the  first 
article.  If  they  get  through  with  it,  or  if  they 
wish  for  further  time,  they  report  back  to  the 
Convention  accordingly,  and  then  they  go  into 
Committee  of  the  Whole  on  the  second  article, 
in  the  same  way,  and  we  progress  with  our  work 
in  an  orderly  manner.  For  instance,  if  we 
agree  in  the  Convention  on  the  first  article,  as 
reported  from  the  Committee  of  the  Whole, 
and  pass  it  through  its  several  stages,  there  is 
no  further  amendment,  but  it  is  like  a  bill  that 
has  passed  and  become  a  law.  We  have  now 
read  that  article  for  the  first  time  to-day.  The 
first  reading  is  for  information,  but  you  can 
read  it  a  second  time  on  the  same  day,  and  re- 
fer it  to  the  Committee  of  the  Whole ;  but  it  is 
required  to  be  read  the  third  time  on  the  next. 


or  some  subsequent  day.  Now,  I  move  to  sus- 
pend the  rules  so  as  to  read  the  first  article  of 
the  Constitution  by  title,  the  second  time,  and 
refer  it  to  the  Committee  of  the  Whole,  to  day. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

The  SECRETARY  read  Article  I,  entitled 
Declaration  of  Rights,  by  title,  and  it  was 
referred  to  the  Committee  of  the  Whole. 

member  qualified. 

J.  H.  WARWICK,  of  Lander  County,  having 
arrived,  took  and  subscribed  the  oath  of  office, 
administered  by  Judge  Wright,  and  took  his 
seat  as  a  member  of  the  Convention. 

declaration  op  rights,  again. 

Mr.  DeLONG.  I  now  move  that  the  Con- 
vention consider  itself  in  Committee  of  the 
Whole — the  President  remaining  in  the  Chair — 
lor  the  consideration  of  Article  I,  entitled, 
Declaration  of  Rights. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

committee  of  the  whole. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (the  President 
remaining  in  the  Chair,)  for  the  consideration 
of  Article  I  of  the  Constitution,  entitled  Decla- 
ration of  Rights. 

The  SECRETARY  read  Section  1,  as  fol- 
lows : — 

Section  1.  All  men  are  by  nature  free  and  equal, 
and  have  certain  inalienable  right.s,  among  which  are 
those  of  enjoying  and  defending  life  and  liberty;  ac- 
quiring, possessing,  and  protecting  proj^erty ;  and  pur- 
suing and  obtaining  safety  and  happiness. 

No  amendment  being  offered  to  this  section, 
it  was  agreed  to. 

PARAMOUNT  ALLEGIANCE. 

Section  2  was  read,  as  follows  : — • 
Sec.  2.  All  political  power  is  inherent  in  the  people. 
Government  is  instituted  for  the  protection,  security, 
and  benefit  of  the  people ;  and  they  have  the  right  to 
alter  or  reform  the  same  whenever  the  public  good 
may  require  it.  But  the  paramount  allegiance  of  every 
citizen  is  due  to  the  Federal  Government;  and  no  pow- 
er exists  in  the  people  of  this  or  any  other  State  of  the 
Federal  Union  to  dissolve  their  connection  therewith, 
or  perform  any  act  tending  to  impair,  subvert  or  resist 
the  supreme  authority  of  the  Government  of  the  Uni- 
ted States.  The  Constitution  of  the  United  States  con- 
fers full  power  on  the  Federal  Government  to  maintain 
and  perjietuate  its  existence,  and  whensoever  any  por- 
tion of  the  States,  or  people  thereof,  attempt  to  secede 
from  the  Federal  Union,  or  forciblj'  resist  the  execution 
of  its  laws,  the  Federal  Government  may,  by  warrant 
of  the  Constitution,  employ  armed  force  in  compelling 
obedience  to  its  authority. 

Mr.  BANKS.  I  propose  the  following  amend- 
ment: after  the  words  "Federal  Government," 
where  they  first  occur,  insert  the  words,  "in  the 
exercise  of  all  its  Constitutional  powers." 

Mr.  FITCH.  I  offer  an  amendment  to  the 
amendment,  to  add  after  the  amendment  pro- 
posed by  the  gentleman  from  Humboldt,  the 
words,  "  as  the  same  have  been  or  may  be  de- 
fined by  the  Federal  Judiciary."  Also,  to  strike 
out  the  last  clause  of  the  section  commencing : 


42 


DECLARATION  OF  RIGHTS. 


[3d  day. 


Wednesday.] 


Banks— Fitch— NouRSE — Proctor — DeLong — Brosnax. 


[July  6. 


"  The  CoDstitutioa  of  the  Uaited  States  confers 
full  power."  &c. 

Mr.  BANKS.  I  understand,  from  a  cursory 
examination  of  this  amendment,  that  all  the 
change  proposed  to  be  made  by  the  gentleman, 
is  the  insertion  of  those  words  :  "as  interpret- 
ed by  the  Federal  Courts  ;"  or  substantially 
that. 

Mr.  FITCH.     Yes,  sir. 

Mr.  BANKS.  Presuming  that  that  was  im- 
plied in  the  language  of  my  amendment,  I  did 
not  insert  it ;  but  I  most  cheerfully  accept  the 
amendment. 

Mr.  NOURSE.  I  move  to  amend  that  amend- 
ment, by  striking  out  all  after  the  words,  "due 
to  the  Federal  Government."  It  seems  to  me 
that  we  would  then  say,  and  say  well,  all  that 
need  be  said  by  us,  and  anything  more  than 
that  would  be  merely  a  gloss  upon  the  Federal 
Constitution  —  a  construction  of  ours,  which 
would  not  affect  the  interpretation  of  that  in- 
strument in  any  manner  whatsoever.  When  we 
say  that  paramount  allegiance  is  due  to  the 
Federal  Government,  of  coui'se  we  mean,  in  its 
Constitutional  powers  only.  Not  to  the  men 
who  happen  to  be  at  the  head  of  the  Govern- 
ment, but  to  the  Government  itself,  is  our  alle- 
giance due  ;  an  allegiance  paramount  to  that 
which  is  due  to  the  State  Government,  I  think 
it  would  be  the  worst  of  errors  to  undertake  to 
venture  further  than  that,  and  to  attempt  to 
define  the  respective  spheres  of  the  Slate  and 
National  Governments,  and  I  therefore  have  of- 
fered this  amendment,  to  strike  out  all  that 
concluding  portion, 

Mr.  BAiNKS.  I  just  wish  to  state,  very  brief- 
ly, what  I  understand  to  be  the  philo.sophy  of 
this  section,  as  amended  by  the  gentleman  from 
Storey,  (Mr.  Fitch,)  which  amendment  was  ac- 
cepted by  myself.  Now,  the  gentleman  who 
has  just  addressed  the  Chair  and  myself  very 
materially  differ  as  to  the  theory  upon  which 
this  Government  was  framed.  I  understand  it 
to  be,  as  we  propose  to  express  it  by  this  sec- 
tion, simply  this,  —  that  in  the  first  place,  as  we 
say,  our  paramount  allegiance  under  the  Con- 
stitution, as  interpreted  by  the  Supreme  Court 
of  the  United  States,  is  due  to  the  Government 
of  the  Unit  d  States,  But,  as  a  State,  we  also, 
in  our  Constitution,  say,  that  whatever  questions 
may  be  raised,  we  waive  all  claims  to  the  fol- 
lowing enumerated  rights.  However  the  Su- 
preme Court  may  decide  ;  however  much  they 
may  be  disposed  to  accede ;  we,  as  the  Slate  ot 
Nevada,  waive  all  our  claims  to  any  rights  em- 
braced in  the  following  enumerated  cases.  No 
power,  we  say,  exii^ts  in  the  people  of  this  or 
any  other  State  of  the  Federal  Union  to  per- 
form any  act  tending  to  im])air.  subvert,  or  re- 
sist the  authority  of  the  Government.  Even  if 
the  Courts  give  that  power,  we  disclaim  it. 
Again,  we  say  that  the  Constitution  of  the  Uni- 
ted States  confers  full  power  on  the  Govern- 
ment to  maintain  its  existence: — 

And  whensoever  any  portion  of  the  .States,  or  people 
thereof,  attempt  to  secede  from  the  Federal  Union,  or 


forcibly  resist  the  execution  of  its  laws,  the  Federal 
Government  may,  by  warrant  of  the  Constitution,  em- 
ploy armed  force  in  compelling  obedience  to  its  au- 
thority. 

I  understand,  then,  that  we  are  just  in  this 
position  :  We  recognize  the  Constitution  of  the 
United  States  as  paramount  ;  we  yield  obedi- 
ence to  that,  as  interpreted  by  the  Supreme 
Court ;  and  further,  we  disclaim  all  claim  or 
pretension  to  any  right  or  authority  in  the  cases 
enumerated  in  the  latter  part  of  the  section. 

Mr.  PROCTOR.  I  desire  to  offer  an  amend- 
ment to  these  various  amendments  :  to  strike 
out  all  the  latter  part  of  the  section. 

The  CHAIRMAN  (interrupting.)  There  is 
already  an  amendment  to  an  amendment. 

Mr.  DeLONG.  The  amendment  to  the  amend- 
ment was  offered  by  my  colleague,  (Mr.  Fitch), 
and  it  was  accepted  by  the  gentleman  from 
Humboldt.  (Mt  Bank.s).  Being  now,  therefore, 
a  part  of  the  original  amendment,  an  amend- 
ment to  that,  I  think,  would  be  in  order, 

Mr,  NOURSE,  I  think  the  gentleman  is 
mistaken.  The  amendment  of  the  gentleman 
from  Storey  being  accepted,  I  moved  to  amend 
the  amendment  by  striking  out  all  after  the 
words  "  duo  to  the  Federal  Government." 

Mr.  PROCTOR.  I  offer  my  amendment  as 
a  substitute.  I  move  to  strike  out  all  after  "  may 
require  it,"  at  the  end  of  the  second  sentence, 
so  as  to  leave  the  section  reading  as  follows: — 

Sec.  2.  All  political  power  is  inherent  in  the  people. 
Government  is  instituted  for  the  protection,  security 
and  benefit  of  the  people ;  and  they  have  the  right  to 
alter  or  reform  the  same  whenever  the  public  good 
may  require  it. 

Mr.  BROSNAN.  I  rise  to  a  point  of  order. 
I  apprehend  that  that  is  not  a  substitute  for  the 
amendments.  It  proposes  to  strike  out  those 
portions  to  which  amendments  are  pending, 
and  those  amendments  must  first  be  acted 
upon. 

Mr.  FITCH.  I  trust,  Mr.  Chairman,  that  we 
shall  not  forget,  while  we  are  desirous  of  ex- 
pressing our  individual  and  collective  patriot- 
ism, that  we  have,  at  the  same  time,  a  duty  to 
perform  requiring  calmness  and  deliberate  con- 
sideration. I  trust  that  we  shall  not  cease  to 
remember,  while  we  are  expressing  our  patri- 
otic sentiments  and  feelings,  that  we  are  at  the 
same  time  called  upon  to  protect  our  own  local 
rights. 

The  PRESIDENT,  (interrupting.)  If  the 
gentleman  will  yield  for  one  moment — there 
was  a  point  of  order  raised  by  the  gentleman 
from  Storey,  (Mr.  Brosnan.) 

Mr.  FITCH.  I  thought  that  had  already 
been  decided. 

The  PRESIDENT.  The  Chair  will  rule  that 
the  point  of  order  is  not  well  taken.  The  gen- 
tleman from  Nye,  (Mr.  Proctor),  offers  his 
amendment  as  a  substitute,  and  it  can  be  con- 
sidered as  such. 

Mr.  FITCH.  I  understand  that  the  substi- 
tute offered  by  the  gentleman  from  Nye  is  now 
before  the  committee.  Now.  Mr.  Chairman,  I 
should  equally  oppose  what  I  should  regard  as 


3d  day.] 


DECLARATION   OF  IMGHTS. 


43 


Wednesday,] 


l^'rrc'H. 


[July  6. 


a  manifestation  of  that  lack  of  patriotism  that 
would  fail,  in  the  formation  of  an  organic  law, 
to  express  a  proper  allegiance  and  devotion  to 
the  Government  of  the  United  States,  and  that 
enthusiastic  zeal  which  would  encumber  our 
declaration  of  rights  with  ambiguity.  We 
should  be  particularly  careful  to  avoid  either 
extreme,  and  especially  should  we  be  careful 
when  the  waves  of  revolution  are  surging  over 
all  this  land,  that  we  do  not  through  a  zealous, 
through  what  I  may  perhaps  properly  designate 
as  an  over-zealous  devotion  to  political  ab- 
stractions, permit  ourselves  to  be  led  into 
inserting  in  our  organic  law  provisions  or  ex- 
pressions which  may  properly  be  classed  as 
ambiguous,  and  which,  perhaps,  those  who 
come  after  us  may  find  it  extremely  difBcult  to 
understand  or  explain. 

Now,  sir,  if  we  are  wedded  to  this  phrase 
"paramount  allegiance" — a  phrase  which  I 
may  be  permitted  to  say  is  an  unhappy  combi- 
nation of  terms  at  the  best,  because  allegiance 
is  the  attribute  of  sovereignty,  and  sovereignty 
is  supreme,  an  integral  part  of  itself,  an  ulti- 
mate atom  which  cannot  be  divided,  and  there- 
fore there  can  be  no  such  thing  as  a  paramount 
allegiance — I  say  if  we  are  wedded  to  this 
phrase,  why  not  explain  in  what  it  consists, 
and  wl3at  we  mean  by  the  expression?  As  to 
the  rest  of  the  language  of  this  original  section 
— that  the  "Constitution  of  the  United  States 
confers  full  power  on  the  Federal  Government," 
etc.,  and  that  upon  any  "  attempt  to  secede  from 
the  Federal  Union,  or  forcibly  resist  the  execu- 
tion of  its  laws,  the  Federal  Government  may, 
by  warrant  of  the  Constitution,  employ  armed 
force,"  etc.,  I  suppose  no  one  will  insist  on  its 
being  placed  in  the  section,  because  it  follows 
by  implication  among  the  powers  of  Govern- 
ment. But  if  we  insert  the  words,  "  but  the 
paramount  allegiance  of  e\ery  citizen  is  due 
to  the  Federal  Government,"  then  I  am  in  fa- 
vor of  adding  the  words,  "  in  the  exercise  of  all 
its  Constitutional  powers,  as  the  same  have 
been  or  may  be  defined  by  the  Federal  Judi- 
ciary." 

I  trust  that  no  gentleman  will  misunderstand 
my  position  on  this  question.  I  yield  to  no 
man  in  my  devotion  to  the  Federal  Union,  nor 
in  my  abhorrence  of  the  doctriuts  of  secession 
and  nullificatiou.  And  I  have  no  hesitation  iu 
avowiug  my  belief  in  the  full  and  complete 
right  and  Constitutional  power  of  the  Govern- 
ment to  put  down  any  and  all  attempts  to  sub- 
vert its  authority  by  armed  force.  It  has  that 
power,  and  I  believe  it  ought  to  and  will  con- 
tinue to  exercise  that  power,  as  it  is  exercising 
it  now,  until  the  last  vestige  of  the  rebellion  is 
driven  from  the  land.  I  believe  that  above  all 
the  flames  of  war,  the  groans  of  the  dying, 
the  shrieks  of  the  wountled  in  battle,  and 
above  all  the  turmoil  and  strife  of  this  wicked 
rebellion,  the  power  and  dignity  of  the  Federal 
Government  will  stand  unmoved,  unsubverted, 
undestroyed.  But,  nevertheless,  I  believe  that 
while  we   should  express  our   loyalty  at  all 


proper  times,  and  in  all  proper  places,  there  is 
no  necessity  of  making  a  useless  parade  of  it. 
I  do  not  think  that  by  stopping  here  after  the 
words  "  Federal  Government,"  omitting  what 
follows  to  the  end  of  the  section,  and  inserting 
instead  an  explanation  of  the  paramount  alle- 
giance therein  referred  to,  we  shall  either  be 
bringing  our  loyally  into  disrepute,  or  doing 
any  injustice  to  those  who  are  to  come  after  us, 
and  who  may  not,  and  certainly  will  not,  with 
such  ambiguous  expressions  as  are  here  con- 
tained, be  able  to  explain  exactly  what  we 
meant  in  this  Declaration  of  Rights. 

I  believe,  Mr.  Chairman,  that  the  allegiance, 
and  not  only  the  allegianee,  but  the  property, 
the  life,  and  all  that  he  has,  of  every  citizen  is 
due  to  his  Government ;  but  I  believe  there  is 
no  such  thing  as  a  "  paramount  "  allegiance. 
If  the  Congress  of  the  United  States  shall  pass  a 
law  which  is  unpleasant,  odious  or  repulsive  to 
any  portion  of  the  people  of  the  United  States, 
and  that  law  shall  be  declared  constitutional 
by  the  Federal  Judicial  tribunals,  I  believe  it 
is  our  duty  to  obey  it,  without  any  attempt  at 
resistance.  And  if  the  local  Legislature  passes 
a  law  that  is  unpleasant  to  the  people  of  the 
United  States,  and  that  local  law  passed  by  the 
local  Legislature  be  declared  constitutional, 
also,  by  the  Federal  Judicial  tribunals,  we  owe 
just  as  much  allegiance  to  that  law  as  we  do  to 
any  law  passed  by  Congress.  A  constitutional 
law,  enacted  by  Congress,  declared  constitu- 
tional by  the  Federal  Judicial  tribunals,  and  a 
constitutional  law  enacted  by  the  Legislatui'e 
of  the  State  of  Nevada,  declared  constitutional 
by  the  Federal  Judicial  tribunals,  are  equally 
binding,  and  equal  allegiance  is  due  to  both. 
There  can  be,  therefore,  no  such  thing  as  a  par- 
amount allegiance,  because  "  paramount  "  im- 
plies superior,  and  the  allegiance  due  to  one 
constitutional  law  is  not  superior  to  the  alle- 
giance due  to  another.  The  allegiance  of  the 
citizen  is  equally  due  to  either,  whether  it  be 
a  Federal  or  a  State  law. 

I  should  be  sorry.  Mr.  Chairman,  while  I  am 
earnestly  desirous  that  the  loyalty  of  the  peo- 
ple of  Nevada  shall  be  properly  expressed  in 
her  organic  law,  to  see  her  come  limping,  and 
halting,  and  bound,  into  the  Union.  I  should 
be  sorry  to  see  her  come  into  the  sisterhood  of 
States  hampered  by  an  ambiguity.  I  should  be 
sorry  to  see  her  enter  the  Union  lied  hand  and 
foot,  when  such  a  thing  is  odious  to  the  self- 
respect  of  the  citizen,  and  is  uncalled  for  by  the 
necessities  of  the  times,  or  by  the  requirements 
of  the  Enabling  Act,  which  gives  us  the  right 
to  form  a  State  Government,  and  become  a 
State.  I  do  not  intend,  and  indeed  I  would  not 
have  the  right  to  use  the  time  of  the  Convention 
by  opening  up  a  discussion  of  the  relative 
rights  of  the  Federal  and  State  Governments, 
and  the  relative  allegiance  due  to  the  Federal 
and  to  the  State  Constitutions.  We  all  under- 
stand that  where  the  local  laws  come  in  con- 
flict with  the  Constitution  and  laws  of  the  Uni- 
ted States,  the  latter  over-ride  and  blot  out  the 


44 


DECLARATION   OF  RIGHTS. 


[3d  day. 


Wednesday,] 


Fitch — Earl — DeLong — Proctok. 


[July  6. 


former,  and  therefore  no  paramount  alleofiance, 
nor  any  other  allegiance,  is  due  to  the  State  law 
in  sucli  case,  because  all  allegiance  is  due  to  the 
one,  and  none  to  the  other.  But,  at  the  same 
time,  when  our  Constitution  and  laws  are  in 
accordance  with,  and  not  hostile  to,  the  letter 
or  spirit  of  the  Constitution  and  laws  of  the 
United  States,  we  owe  just  as  much  allegi- 
ance to  the  laws  passed  by  the  Stale  Legisla- 
ture, as  we  do  to  the  laws  passed  l)y  Congress. 

Why,  Mr.  Chairman,  what  do  gentlemen 
want  ?  Is  not  this  language  strong  enough,  and 
loyal  enough  ?  It  says  that  our  paramount  al- 
legiance is  due  to  the  Federal  Government. 
How?  What  does  it  mean?  Clearly  that  it  is  due 
to  the  Federal  Government  in  the  exercise  of  its 
constitutional  powers.  Gentlemen  surely  do 
not  mean  to  say  that  our  allegiance  is  due  to 
the  Federal  Government  in  the  exercise  of  un- 
constitutional powers  ;  because  if  we  say  that, 
we  reduce  all  government  to  anarchy.  We 
place  ourselves  at  the  absolute  mercy  of  any 
despotic  government  which  may  chance  by  the 
exigencies  of  the  hour  to  obtain  the  control  of 
affairs.  When  we  say '-paramount  allegiance," 
we  should  define  what  we  mean,  and  say  that 
the  "  paramount  allegiance  of  every  citizen  is 
due  to  the  Federal  Government  in  the  exercise 
of  all  its  constitutional  powers."  Is  there  any 
objection  to  that  ? 

Now,  who  is  to  define  those  Constitutional 
powers?  I  do  not  advocate  the  theory  that  the 
State  Judiciary,  the  Legislature  of  the  State, 
or  the  Executive,  or  the  people  of  the  State, 
should  be  allowed  to  judge  of  the  Constitution- 
ality of  an  act  of  Congress.  If  I  were  to  say 
that,  I  should  be  advocating  a  wrong.  I  should 
be  advocating,  or  at  least  giving  my  influence, 
to  the  theory  of  nullification, — a  theory  which 
I  condemn  and  reprobate.  But  I  say,  "the 
paramount  allegiance  of  every  citizen  is  due  to 
the  Federal  Government  in  the  exercise  of  all 
its  Constitutional  powers,  as  the  same  have 
been  or  may  be  defined  by  tlie  Federal  Judicia- 
ry." That  is  the  tribunal  by  which  they  are  to 
be  defined.  Surely  the  most  uncompromising 
loyalty,  the  most  intense  and  unmitigated  de- 
votion to  the  Government,  can  ask  no  more  than 
that  AVill  gentlemen  consider  this  question  ? 
Why  should  we  wish  to  fetter  the  people  who 
will  come  after  us  with  an  ambiguity  ?  Why 
not  define  what  we  mean  ?  Tlie  most  intense 
patriotism  cannot,  certainly,  object  to  our  say- 
ing that  we  mean  only  that  our  allegiance  is 
due  to  the  Federal  Government  in  the  exercise 
of  its  constitutional  powers  as  defined  by  the 
Federal  Judicial  tribunals.  1  trust  that  gentle- 
men will  consider  that  it  is  a  fundamental  law 
that  we  are  framing. — not  a  political  platform, 
nor  tlie  resolutions  of  a  mass  met'ting.  I  trust 
that  we  shall  exhil)it  a  decent,  respectful,  and 
proper  patriotism  ;  a  patriotism  that  shall  be 
in  accordance  with  the  ideas  and  wishes  of  our 
constituents;  and  at  the  same  time,  that  we 
shall  frame  an  organic  law  that  may  be  explain- 
ed and  understood  by  those  who  come  after  us. 


and  not  engraft  in  it  a  wild,  Jacobinical 
creed. 

We  enter  the  Union,  sir, — if  the  people  shall 
decree  that  we  enter  it  at  this  time — under  cir- 
cumstances most  peculiar.  Our  young  State 
will  be  battle-born,  but  she  will  live  and  grow 
when  the  civil  strife  surrounding  us  shall  have 
become  only  a  memory.  The  organic  law  we 
are  creating  will  be  a  rule  of  action,  I  trust, 
for  a  great  people,  when  the  gates  of  eternity 
shall  have  closed  upon  the  old  age  of  our 
grand-children.  Our  functions  are  higher  than 
those  of  any  body  legislating  only  for  the  im- 
mediate future,  and  our  sense  of  responsibility 
should  be  so  much  greater.  Let  us  try  and  be 
prudent,  if  we  cannot  be  altogether  wise.  Let 
us  not  mar  the  symmetry  of  the  structure  we 
hope  to  erect  by  the  language. of  extravagance, 
even  if  it  be  the  extravagance  of  loyalty,  or  by 
the  insertion  of  an  uncomely  surplusage  of 
what  those  who  come  after  us  may  designate  as 
questionable,  and  indistinct  patriotism.  In  a 
word,  let  us  keep  our  political  extravagances 
for  our  political  platforms,  and  make  our  Con- 
stitution an  enduring  chart  of  government, 
rather  than  a  string  of  glittering  and  unex- 
plained generalities. 

Mr.  EARL.  I  desire  to  offer  an  amendment 
to  the  amendment,  or  substitute  pending.  My 
amendment  is,  to  strike  out  the  third  sentence, 
or  paramount  allegiance  clause,  altogether ; 
and  I  will  ask  the  Secretary  to  read  the  section 
as  it  will  then  stand. 

The  SECRETARY  read  as  follows  :— 
Sec.  2.  All  political  power  is  inherent  in  the  peo- 
ple. Government  is  instituted  for  the  pi-otection,  se- 
curity and  benefit  of  the  people;  and  they  have  the 
right  to  alter  or  reform  the  same  whenever  the  pubho 
good  may  require  it.  The  Constitution  of  the  United 
States  confers  full  power  on  the  Federal  Government 
to  maintain  and  perpetuate  its  existence,  and  whenso- 
ever any  jjortion  of  the  States,  or  people  thereof,  at- 
tempt to  secede  from  the  Federal  Union,  or  forcibly 
resist  the  execution  of  its  laws,  the  Federal  Govern- 
ment may,  by  warrant  of  the  Constitution,  employ 
armed  force  in  compelling  obedience  to  its  authority. 

Mr.  EARL.  Now,  Mr.  Chairman,  it  seems  to 
me  that  this  is  all  we  want. 

Mr.  DeLONG,  (interrupting.)  I  rise  to  a 
question  of  order.  It  is  a  disagreeable  duty, 
and  esp(!cially  so  in  the  case  of  my  colleague, 
but  it  must  be  done,  because  if  the  violation  of 
the  rule  is  tolerated  in  this  instance  it  must  be 
again.  My  point  is,  that  an  amendment  to  an 
amendment  is  as  far  as  we  can  go  in  the  way 
of  amendments.  We  have  tolerated  a  substi- 
tute beyond  that,  but  we  certainly  cannot 
amend  a  substitute,  under  any  rules,  or  under 
the  most  lilx'ral  construction  of  any  rules. 

Mr.  PROCTOR  said  he  would  accept  of  Mr. 
Earl's  amendment  in  the  place  of  his  own  sub- 
stitute. 

Mr.  DkLONG  contended  that  still  Mr.  Earl's 
amendment  was  not  in  order,  under  the  rules 
as  laid  down  in  Jefferson's  Manual. 

Mr.  PROCTOR  said  he  would  withdraw  his 
substitute  altogether,  to  allow  Mr.  Earl's  to 
come  in. 


3d  day.] 


DECLARATION  OF  RIGHTS. 


45 


Wednesday,] 


E.tRL— President — DeLong — Hawley. 


[July  6. 


Mr.  EARL  offered  his  amendment  as  a  substi- 
tute. 

Ttie  PRESIDENT.  Tlie  question  now  comes 
up  whether  or  not  a  substitute  is  in  order,  an 
amendment,  and  an  amendment  to  an  amend- 
ment being  pending.  The  Chair  has  heretofore 
been  led  into  error  in  its  ruling  on  this  point, 
because  we  have  ordinarily  been  governed  by 
the  rules  adopted  by  legislatures,  and  what  ot 
experience  the  Chair  has  had  has  mostly  been  in 
the  California  Legislature,  in  which,  under  the 
rules,  or  at  least  under  the  prevailing  practice, 
substitutes  have  been  recognized.  But  upon 
examination  of  Jefierson's  Manual,  which  now 
governs  us,  I  can  nowhere  find  substitutes 
recognized  at  all.  I  think  we  can  go  no  fur- 
ther than  an  amendment  to  an  amendment, 
under  the  rules  we  have  adopted,  and  the  substi- 
tute is  therefore  not  in  order.  The  question  now 
is  on  the  amendment  proposed  by  the  gentle- 
man from  Washoe  (Mr.  Nourse)  to  the  amend- 
ment offered  by  the  gentleman  from  Humboldt 
(Mr.  BanliS).  The  apparent  confusion  has 
arisen  from  the  frequent  changes  of  the  rules  ; 
we  have  this  morning  fallen  back  upon  Jeffer- 
son's Manual  as  embodying  our  only  rules,  and 
if  we  understand  and  adhere  to  these,  there 
will  be  no  confusion  or  difficulty  in  the  future. 

Mr.  DeLONG.  The  pending  amendment  oi 
the  gentleman  from  Washoe,  I  understand,  is 
to  strike  out  all  after  "  Federal  Government," 
where  those  words  occur  in  the  section.  Now. 
Mr.  Chairman,  I  like  this  language  which  it  is 
proposed  to  strike  out — 

No  power  exists  in  the  people  of  this  or  any  other 
State  of  the  Federal  Union  to  dissolve  theii'  connection 
therewith,  or  perform  any  act  tending  to  impair,  sub- 
vert or  resist  the  supreme  authority  of  the  (govern- 
ment of  the  United  States.  The  Constitution  of  the 
United  States  confers  full  power  on  the  Federal  Gov- 
ernment to  maintain  and  perpetuate  its  existence,  and 
whensoever  any  portion  of  the  States,  or  people 
thereof,  attempt  to  secede  from  the  Federal  Union,  or 
forcibly  resist  the  execution  of  its  laws,  the  Federal 
Government  may,  by  warrant  of  the  Constitution,  em- 
ploy armed  force  in  comxJelling  obedience  to  its  au- 
thority. 

It  may  be  considered  as  surplusage,  possibly, 
but  in  no  other  way,  I  think,  can  that  lan- 
guage be  deemed  objectionable,  at  least  by 
persons  who  are  presumed  to  be  of  the  proper 
way  of  thinking  politically,  that  is,  by  m.-n 
who  disbelieve  in  the  doctrine  of  the  right  oi 
secession,  which  class  includes  the  major  por- 
tion of  our  community  at  the  present  time.  I 
would  like  very  much  to  see  the  amendment 
adopted  which  was  offered  by  my  colleague. 
(Mr.  Fitch,)  or  by  the  gentleman  from  Hum 
boldt,  (Mr.  Banks,)  and  amended  by  my  col- 
league, but  striking  out  the  balance  of  tbe  sec- 
tion might  give  dissatisfaction  to  some  of  oui 
Union  brethren,  and  really  I  do  not  know  but 
they  would  have  good  reason  for  dissatisfac- 
tion. 

Mr.  HAWLEY.  I  trust,  most  sincerely,  that 
the  amendment  offered  by  the  gentleman  from 
Washoe  will  not  prevail.  The  gentleman  from 
Storey,  (Mr.  DeLong,)  stated  a  moment  siuca 


that  the  only  possible  objection  which  he  im- 
agined could  be  urged  against  this  latter  por- 
tion of  Section  2,  now  under  consideration,  wag 
that  of  surplusage.  I  have  examined  it  care- 
fully, very  frequently  before  I  came  to  this  Con- 
vention, and  quite  frequently  since,  and  I  am 
utterly  at  a  loss,  taking  into  consideration  the 
present  condition  of  our  national  affairs,  to 
perceive  that  there  is  anything  like  surplusage, 
or  anything  like  tautology  in  the  section. 
There  is  not  a  word  in  it,  in  my  opinion,  which 
can  possibly  be  objectionable  to  a  man  who 
stands  hrmly  and  squarely  upon  that  platform 
which  every  man  who  loves  his  country  ought 
to  stand  upon  at  this  time. 

It  is  generally  understood  and  conceded  that 
all  rights  and  powers  not  delegated  to  the  Gov- 
ernment are  reserved.  Now,  Mr.  Chairman,  we 
delegate,  negatively,  certain  rights  to  the  Fed- 
eral Government.  We  insert  in  this  section,  if 
it  be  adopted,  a  declaration  that  the  Federal 
Government  has  a  right  to  compel  the  obedi- 
ence of  all  its  subordinate  members,  if  any  at- 
tempt is  made  to  set  aside  any  enactment  of 
the  Federal  Government.  And  that,  sir,  is  a 
doctrine  to  which  every  loyal  man  ought  to  be 
willing  to  subscribe.  It  is  a  doctrine  which 
every  true  man  ought  to  be  willing  to  see 
written  in  letters  of  fire  upon  the  firmament, 
that  he  who  runs  may  read.  There  is  one 
objection,  however,  which  might  possibly  be 
urged  to  this  Section  2,  leaving  out  the 
amendment  proposed  by  the  gentleman  from 
Storey,  (Mr.  Fitch,)  but  it  is  an  objection 
which  would  probably  only  be  raised  by  men 
who  are  tainted  with  the  heresy  of  State 
flights.  And  the  amendment  proposed  by  the 
gentleman  from  Storey  covers  that  ground 
precisely  and  exactly.  He  who  is  unwilling  to 
subscribe  to  the  doctrine  that  the  paramount 
lUegiance  of  every  citizen  is  due  to  the  Fed- 
.■ral  Government  in  the  exercise  of  its  consti- 
tutional powers,  as  prescribed,  and  direct  d, 
and  exemplified  by  the  decisions  of  the  Federal 
courts,  certainly  cannot,  I  think,  claim  to  re- 
present fairly  and  correctly  the  loyal  senti- 
ments of  the  people  of  the  Territory  of  Nevada. 

And,  sir,  I  trust,  in  view  of  the  position  of 
our  national  affairs — in  view  of  the  duty  which 
rests  upon  this  Convention  to  place  themselves 
fairly  and  squarely  upon  the  record,  that  any 
motion  to  strike  out  this  language,  so  eminently 
proper,  just,  and  correct,  may  be  overruled  by 
ihe  Convention,  and  that  the  motion  of  the  gen- 
ileman  from  Humboldt,  as  amended  by  the 
.centleman  from  Storey,  may  prevail  by  the 
unanimous  voice  of  this  Convention.  That 
action  will  do  more  to  give  confidence  to  the 
loyal  people  of  this  Territory— more  to  satisfy 
them  that  their  delegates  are  men  who  do  not 
-brink  from  their  duty — than  any  other  course 
whicli  we  might  pursue.  By  incorporating  the 
cunendments  proposed  into  this  section,  we  shall 
render  our  meaning  clear  and  plain  to  every 
man  who  can  read  and  properly  construe  the 
English  language.    And  not  only  that,  but  we 


46 


DECLARATIOX   OF  RIGHTS. 


[3d  day. 


Wednesday,] 


NOURSE. 


[July  6. 


shall  silence  every  argument  which  could  be 
made  against  this  section  when  presented  to 
the  loyal  people  of  Nevada— arguments  which 
would  be  employed  by  those  men  who,  whether 
openly  ur  covertly,  are  acting  in  sympathy 
with  that  party  which  has  plunged  this  country 
into  rebellion  and  war,  and  made  a  Golgotha 
of  many  a  beautiful  valley  in  the  East. 

Mr.  5.0URSE.  I  wish  to  state  very  briefly 
my  reasons  for  moving  the  amendment  which 
I  offered.  If  no  amendment  had  been  offend, 
I  should  have  been  content  to  let  the  section 
stand  ;  but  if  it  is  to  be  amended  at  all,  I  would 
like,  of  course,  to  have  it  so  ti.xed  as  to  satisfy 
my  own  ideas,  as  no  doubt  other  gentlemen 
would  like  to  amend  it  so  as  to  suit  their  own 
peculiar  views. 

On  one  side  of  the  House  the  objection  is 
taken,  that  by  striking  out  what  my  amend- 
ment proposes  to  strike  out.  the  section  would 
be  left  too  loyal,  while,  on  the  other  hand,  the 
gentleman  who  last  spoke  seems  to  think  it 
would  not  leave  it  loyal  enough.  Perhaps  the 
true  medium  is  just  between  the  two  extremes — 
in  medio  iutis,si7nus  ibis.  It  leaves,  as  the  only 
clause  in  the  Constitution  on  this  subject  of  par- 
amount allegiance,  the  clause  already  there — 
"  But  the  paramount  allegiance  of  every  cit- 
izen is  due  to  the  Federal  Government."  That 
clause — precisely  that,  no  more  and  no  less — is 
in  the  Constitution  of  the  United  States.  It 
may  not  be  necessary  to  insert  it  here  in  our 
Constitution  ;  but  in  these  days  of  secession 
heresy  it  has  been  thought  best  that  Nevada 
should  recognize  that  doctrine  fully  in  her 
fundamental  law — that  she  should  assert  it 
full  out,  flat-footed  ;  and  I  think  she  should 
Other  State.s  have  not  done  so  in  their  Consti- 
tutions, it  is  true  ;  but  that  is  because  the  ques- 
tion has  not  been  raised  heretofore  practically 
on  that  point,  as  it  has  been  during  the  lasi 
few  years,  under  tiie  clause  in  the  Constitution 
of  the  United  States.  I  understand  that  what 
we  mean  to  express  is  no  more?  and  no  less  than 
that  the  Constitution  of  the  United  States,  and 
the  laws  of  the  United  States,  and  all  treaties 
made  by  the  United  States  under  the  authority 
of  the  Constitution,  shall  be  the  supreme  law 
of  the  land.  The  Constitution  of  the  United 
States  says  that.  The  language  of  that  instru- 
ment is  : — 

This  Constitution,  and  the  laws  of  the  United  States 
which  shall  be  made  in  pursuance  thereof;  and  aU 
treaties  made,  or  which  shall  be  made  under  the  au- 
thority of  the  United  States,  shall  be  the  supreme  law 
<jf  the  land;  and  the  .Judges  in  every  State  shall  be 
bound  thereby,  anythinj;  iu  the  Constitution  or  laws 
of  any  State  to  the  contrary  notwithstandinj,', 

Now  if  there  were  no  compact  or  agreement 
of  this  kind  in  the  Constitution  of  the  United 
States,  then  tlie  people  in  each  of  the  sovereign 
States  would,  as  the  secessionists  claim,  owe 
paramount  allegiance  to  that  State.  But  the 
bargain  is  made.  It  is  written  down  in  the 
Constitution  of  the  United  States,  and  it  is  a 
bargain  that  noliody  has  any  right  to  secede 
from,  any  more  than  the  maker  of  a  promissory 


note  can  secede  from  his  promise  to  pay,  with- 
out paying  the  note.  We  say  the  paramount 
allegiance  of  every  citizen  is  due  to  the  United 
States.  No  matter  if  the  State  does  undertake 
to  withdraw  its  allegiance,  the  allegiance  of 
the  citizen  is  still  due  to  the  United  States. 
That  means,  that  he  is  a  citizen  of  the  United 
States  all  the  time — that  he  owes  all  alletriance 
and  duty  to  the  United  States,  and  the  United 
States  in  return  owes  protection  to  him,  no 
matter  what  the  State  may  do.  And  if  the 
laws  of  the  State  come  in  conflict  with  the  Con- 
stitution and  laws  of  the  United  States,  then 
the  question  comes  up  under  which  sovereignty 
the  citizen  is  to  act.  Then  there  must  be  a 
paramount  allegiance,  because  it  must  be  that 
one  has  a  higher  claim  than  the  other,  for  if 
not,  how  is  the  conflict  ever  to  be  decided? 
When  that  question  comes  up,  then  we  say  the 
citizen  must  go  where  the  United  States  leads. 
It  does  not  mean  merely  that  you  submit  to 
that  law  of  the  United  States,  but  that  you  owe 
service  to  the  United  States,  as  in  feudal  times 
the  vassals  and  serfs  owed  allegiance  and  ser- 
vice to  the  liege  lord.  That  is  what  it  means. 
And  the  portion  of  the  section  proposed  to  be 
cut  off  is  merely  surplusage,  as  it  seems  to  me. 
I  would  not  disturb  it,  if  nobody  else  did,  be- 
cause it  does  no  harm  ;  but  when  the  question 
comes  up — when  we  have  begun  to  amend  and 
improve — then,  I  say,  let  us  do  it  thoroughly. 

The  language  of  the  section  goes  on,  and 
gives  a  gloss,  or  construction,  to  this  first 
clause — as  to  the  seceding  of  States,  and  the 
power  of  the  Government  to  use  force,  if  they 
undertake  to  secede.  Why  should  it  not  go  on 
just  as  well  to  say,  that  under  the  Federal  Con- 
stitution the  Congress  of  the  United  States  has 
power  to  return  fugitive  slaves;  that  it  has 
power  to  make  the  judicial  records  of  one  State 
legal  proof  in  another  State?  Why  does  it  not 
go  on  to  enumerate  the  whole  list  of  the  pow- 
ers vested  in  Congress,  and  give  our  gloss  and 
construction  to  the  entire  instrument?  It 
seems  to  me,  while  I  admit  the  truth  of  this 
portion  of  the  section  perfectly — the  whole  of 
it — that  that  one  clause,  "the  paramount  alle- 
giance of  every  citizen  is  due  to  the  Federal 
Government,"  covers  the  whole  thing,  and  ex- 
presses it  tea  thousand  times  more  forcibly, 
more  clearly,  and  indisputably,  than  we  can 
express  it.  I  fancy,  by  the  addition  of  all  this 
surplusage. 

Now,  as  I  have  said,  I  would  very  much  pre- 
fer that  no  question  should  be  raised,  but  that 
we  should  let  the  section  stand  as  it  is.  I  only 
say  that  if  the  Convention  is  in  a  mood  for 
amendment,  then  we  should  allow  this  one 
I'lause  to  stand  there  alone.  It  is  sharp,  clear, 
decisive;  it  expresses  just  what  we  mean,  and 
it  is  more  impressive  than  it  would  be  to  have 
the  addition  of  all  this  which  I  propose  to 
strike  out. 

I  do  not  like  the  other  addition,  proposed  by 
the  gentleman  from  Humboldt,  (Mr.  Banks.) 
I   am   not  prepared   to  say,  at  this  moment, 


3d  day.] 


DECLARATION  OF  RIGHTS. 


47 


Wednesday,] 


Fitch — Nocrse — Eari,. 


[July  6. 


whether  or  not  I  would  like  the  addition  pro- 
posed by  the  gentleman  from  Storey,  (Mr. 
Fitch,)  in  reo;ard  to  the  matter  of  decisions  by 
the  Federal  Judiciary.  Exactly  to  what  extent 
it  is  to  go  1  am  not  prepared  to  say.  I  thinlv, 
however,  that  there  are  two  other  coordinate 
departments  of  the  General  Government  be- 
sides the  Judiciary  ;  and  I  think,  possibly,  we 
should  recognize  the  fact,  that  some  questions 
the  Legislative  and  Executive  departments 
must  decide  for  themselves.  I  am  not  prepar- 
ed, therefore,  to  vote  for  that  amendment.  I 
am  not  prepared,  certainly,  to  say  that  every 
decision  of  the  United  States  Supreme  Court  is 
to  be  accepted  as  indisputably  right.  Of  course, 
any  decision  of  that  tribunal  is  the  law,  in  the 
case  in  which  it  is  given,  and  must  be  obeyed 
as  the  law  in  that  case.  But  I  remember  that 
the  Federal  Judiciary  decided  that  the  fugitive 
slave  law  was  constitutional  ;  and  I  should  be 
sorry  to  think  that  I  was  precluded  from  rais- 
ing that  question  again,  in  every  way  I  could, 
convinced  as  I  am  that  that  decision  was  a 
most  flagrant  and  gross  abuse  of  power.  It 
may  be  that,  upon  examination  and  reflection. 
I  shall  come  to  the  conclusion  that  this  addi- 
tion, as  regards  decisions  by  the  Supreme  Court 
of  the  United  States,  is  all  right,  but  I  am  not 
now  prepared  to  say  it  is,  and  it  strikes  me  that 
it  might  bring  about  confusion. 

Mr.  FITCH.  Will  the  gentleman  allow  me 
to  ask  him  a  question?  Do  I  understand  him 
to  say  that  each  of  the  three  coordinate  branches 
of  the  Government  have  a  right  to  pass  upon 
the  constitutionality  of  the  laws  enacted  by 
Congress  ? 

Mr.  NOURSE.  Certainly  not.  But  they  are, 
nevertheless,  the  powers  which  must  decide  by 
their  action,  in  some  cases,  whether  their  course 
is  constitutional  or  not.  I  judge  from  the  tone 
of  the  gentleman's  remarks  that  he  is  rather 
too  much  inclined,  as  I  look  upon  it,  to  favor 
certain  doctrines  of  the  old  Whig  school.  Now. 
I  wish  to  state  that  I  was  brought  up  in  the 
strictest  school  of  State  Rights  Democracy,  and 
I  continued  with  that  party  until  it  ran  pretty 
nearly  into  secession,  when  I  left  it.  I  believe 
that  General  Jackson  was  right  when  he  said, 
when  the  question  came  before  him  either  to  sign 
or  to  veto  a  bill  establishing  a  United  States 
Bank,  that,  notwithstanding  the  Supreme  Court 
had  held  in  prior  cases,  and  in  more  than  one 
instance,  that  Congress  had  the  power  to  pass 
such  a  law,  he  conscientiously  believed  it  to  be 
bis  duty  to  veto  that  bill,  because  he  must 
judge  for  himself  as  to  its  constitutionality. 
What  I  mean  is  this — that  the  Executive,  in 
his  action,  must  judge  for  him.self  what  is  con- 
stitutional and  what  is  not.  And  when  a  ques- 
tion comes  up  in  a  Court  of  law,  in  a  case  at 
law,  and  is  brought  to  the  United  States  Su- 
preme Court,  as  the  Court  of  last  resort,  then 
the  decision  of  the  United  States  Supreme 
Court  is  the  law  in  that  case.  There  is  no 
doubt  about  that.  If  the  law  is  held  to  be 
constitutional  by  the  Court,  it  is  constitutional 


and  binding  in  that  case,  and  if  it  is  held  un- 
constitutional, it  is  unconstitutional  in  that 
case.  Let  the  decision  be  on  the  one  side  or 
the  other,  the  decision  is  law  in  that  case.  But 
the  question  may  be  raised  again  in  a  new  case, 
and  a  future  Supreme  Court  may  decide  it  the 
other  way.  Hence  I  am  not  prepared  to  say, 
Mr.  Chairman,  that  this  would  be  a  wise  ad- 
dition. 

It  seems  to  me  that  we  have  stated,  in  what 
this  section  says  down  to  that  point,  all  that 
need  be  stated,  and  then  this  addition,  in  re- 
gard to  constitutional  powers  and  the  decisions 
of  Federal  tribunalswould  be  mere  gloss.  The 
Constitution  of  the  United  States  was  very  care- 
fully prepared,  and  that  Constitution,  so  care- 
fully prepared,  and  so  often  and  thoroughly 
discussed,  in  Congress,  and  in  the  Courts  all 
over  our  land,  must  be  the  best  interpretation 
of  itself,  and  the  best  interpretation  of  this 
Constitution  which  we  are  framing.  So  far  as 
the  power  of  the  United  States  Courts  goes.  I 
have  no  doubt  that  the  sections  of  the  Consti- 
tution which  establish  and  define  the  powers  of 
the  United  States  Courts  are  the  best  interpre- 
tation. And  the  Constitution  of  the  United 
States  is  the  best  definer  of  what  the  extent  of 
our  allegiance  is.  That  we  owe  paramount 
allegiance  to  the  Federal  Government — that, 
whatever  happens  in  our  State,  we  are  still  sub- 
jects or  citizens  of  the  United  States,  and  owe 
to  the  United  States  our  service,  rather  than  to 
our  State — is  all  we  say  or  need  to  say.  That 
is  all  that  our  language  can  be  twisted  into 
when  we  say  that  we  owe  paramount  allegiance 
to  the  Government  of  the  United  States. 
Though  I  am,  for  one,  in  favor  of  leaving  the 
section  as  it  stands  down  to  '•  Federal  Govern- 
ment," yet  I  have  no  feeling  in  the  matter,  and 
if  I  am  voted  down  shall  submit  cheerfully. 

Mr.  EARL.  I  have  at  one  time  handed  in  a 
substitute  which  was  not  considered  as  being 
in  order  at  the  time,  and  as  the  matter  seems 
to  create  considerable  talk.  I  shall  not  press  it, 
nor  otfer  any  other  amendment,  because  it  ap- 
pears to  me  that  the  proposition  of  my  col- 
league, (Mr.  Fitch,)  clears  up  the  whide  matter. 
I  regarded  this  paramount  allegiance  clause  as 
entirely  surplusage,  and  I  still  think  it  is 
not  necessary  at  all ;  but  we  find  it  here  already, 
and  since  it  is  possible,  if  we  strike  it  out.  that 
we  may  be  considered  as  being  tender-footed 
on  the  question,  I  think  the  propriety  of  that 
course  is  at  least  doubtful.  Therefore  I  am 
disposed  to  leave  it  there,  although  it  is  true 
that  it  makes  the  section  a  little  longer  than  is 
really  necessary.  The  amendment  I  proposed 
was  to  strike  out  this  portion  : — 

But  the  paramount  allegiance  of  every  citizen  is  due 
to  the  Federal  Government;  and  no  power  exists  in  the 
people  of  this  or  anj'  other  State  of  the  Federal  Union 
to  dissolve  their  connection  therewith,  or  perform  any 
act  tending  to  impair,  subvert  or  resist  the  supremo 
authority  of  the  Government  of  the  United  States. 

If  that  were  taken  out  we  should  still  have 
all  that  is  necessary.     Wc  recognize  the  powers 


48 


DECLARATION  OF  RIGHTS. 


[3d  day. 


Wednesday.] 


Hawley — Proctor. 


[July  (i. 


conferred  by  the  Constitution  of  the  United 
States  upon  the  Government,  and  the  right  to 
enforce  its  authority,  and  that  would  be  suf- 
ficient. But,  at  the  same  time,  we  find  these 
lines  in  the  document  which  we  have  adopted 
as  our  basis,  and  I  fear  that  the  attempt  to 
strilve  them  out  at  this  time  would  bo  construed 
as  a  sign  of  weakness  on  the  part  of  the  Con- 
vention not  at  all  in  harmony  with  its  known 
proclivities.  I.  for  one,  do  not  wish  to  have 
any  one  doubt  my  position  on  that  score  at  all. 
Now,  to  avoid  any  further  talk  on  the  subject. 
I  propose  that  we  take  the  amendment  which 
was  ottered  this  morning  by  my  colleague,  (Mr. 
Fitch.)  That  clears  up  the  meaning  of  the 
whole  thing,  and,  as  it  stands  now,  it  is  cer- 
tainly ambiguous.  If  we  do  not  do  that,  I 
hope  we  shall  adopt  the  original  section. 

Mr.  HAWLEY.  I  desire  to  say  one  word  fur- 
ther. I  should  not  have  felt  called  upon  to  say 
anything  more  if  the  argument  of  the  gentle- 
man from  Washoe,  (Mr.  Nourse),  had  not  been 
so  carefully  worded.  I  think  we  occupy  an 
extremely  responsible  position  here.  Every- 
body knows  that  in  the  contest  pending  now 
for  the  possession  of  the  civil  government  of 
the  United  States  for  the  next  four  years,  there 
is  a  party  thoroughly  orgaoized  on  this  coast, 
watching  every  move,  and  seeking  some  '•  coign 
of  vantage  "  from  which  more  effectually  to 
promulgate  their  peculiar  views.  And  I  do 
assure  gentlemen,  from  what  I  know  of  their 
purpses  and  designs,  that  the  very  act  of 
striking  out  these  declarations  which  follow  the 
sentence — "but  the  paramount  allegiance  ol 
every  citizen  is  due  to  the  Federal  Govern- 
ment"— would  prove  a  tower  of  strength  to 
that  party.  And  if  it  did  not  result  in  a  tri- 
umph for  the  so-called  but  terribly  misnamed 
Democratic  party,  I  believe  it  would  at  least 
tend  to  make  an  immense  difference  in  the  vote 
of  the  Pacific  coast  as  compared  with  the  last 
two  elections,  and  thus  do  more,  when  the  re- 
sult of  the  election  shall  be  known,  than  we 
can  readily  conceive  of,  to  strengthen  the 
hands  of  tljose  who  are  in  arms  against  the 
General  Government.  Why,  sir,  it  would  be 
said  at  once  that  tbis  Convention  was  disposed 
to  pander  to  those  men  who  are  asking  the 
Federal  Government  to  lay  down  its  arms  and 
submit  to  a  dishonoralile  pence.  I  believi 
that  to  be  the  fact,  and  I  believe,  moreover,  to 
be  as  brief  as  possible,  that  if  we  insert  at  the 
proper  place  the  words  proposed  by  the  amend- 
ment of  the  gentleman  from  Storey  (Mr.  Fitch), 
and  the  aincjudraent  offered  Ijy  the  gentleman 
from  Humholdt,  (Mr,  Banks),  all  those  men 
who  would  go  upon  the  stump  and  alttMnpt  to 
convince  people,  who  perhaps  think  little  and 
read  less,  that  we  are  bound  hand  and  foot  to 
the  Federal  Government,  and  have  left  to  us 
only  such  rights  as  are  usually  accorded  to 
municipal  corporations,  would  find  their  mouths 
stopped  Those  words  would  do  more  to  con- 
demn them  than  any  other  language  we  could 
use,  because  every  man  must  know  and  admit, 


that  he  who  refuses  to  subscribe  to  the  doctrine 
that  every  citizen  owes  allegiance  to  the  Fed- 
eral Government,  in  the  exercise  of  its  func- 
tions as  prescribed  and  defined  by  the  Supreme 
Court  of  the  United  States,  thereby  stamps 
himself  plainly  and  ineffaceably  with  the  brand 
of — call  it  what  you  will — Copperheadism, 
State  Rights-ism,  or  any  other  ism  that  can  be 
found  in  the  ranks  of  that  party  and  among 
those  men  who  have  plunged  this  country  into 
the  war  that  is  now  desolating  its  fair  fields 
and  its  once  happy  homes.  Therefore  I  trust 
that  these  amendments  will  be  adopted,  no  man 
contradicting.  They  will  be  a  tower  of  strength 
to  the  Union  party,  while  on  the  other  hand, 
their  rejection  would  be  the  occasion  of  weak- 
ness to  that  party,  and  a  tower  of  strength  to 
those  who  are  opposed  to  it  and  its  principles. 

Mr.  PROCTOR.  I  hope  that  the  amendment 
offered  by  the  gentleman  from  Storey,  (Mr. 
Fitch),  will  not  prevail,  but  perhaps  for  differ- 
ent reasons  than  have  been  given  by  any  who 
have  heretofore  spoken.  It  is  a  question  of  ex- 
pediency as  much  as  of  anything  else.  I,  for 
one,  am  in  favor  of  a  State  Government,  and 
I  hope  a  Constitution  will  be  adopted  here 
which  I  can  support.  Now  it  is  a  well  known 
fact  that  this  clause — this  paramount  allegiance 
question — had  more  to  do  with  the  defeat  of 
the  last  Constitution  than  any  thing  else  in  it. 
and  I  am  satisfied  that  if  you  send  it  back  to 
the  people  again  to  be  voted  upon  with  that 
clause  in  it,  the  result  will  be  the  same  as  it 
was  at  the  last  election.  It  seems  to  me  that  if 
you  are  going  to  adopt  a  clause  which  has 
already  been  decided  on  and  rejected  by  the 
people,  you  might  as  well  at  once  adopt  the 
resolution  which  was  offered  yesterday  by  the 
gentleman  from  Humboldt,  (Mr.  Dunne),  and 
adjourn  your  Convention  and  go  home.  If  you 
take  that  course  I  do  not  see  any  necessity  of 
our  spending  further  time  here.  Not  that  I  do 
not  my.self  recognize  the  principles  contained 
in  that  clau.se  to  a  very  great  extent,  but  I  re- 
gard their  incorporation  in  the  section  as 
surplusage  entirely.  I  think  they  are  fully 
covered  by  the  Enabling  Act.  That  requires 
us,  in  the  first  place,  to  adopt  the  Federal  Con- 
stitution, and  we  did  that  in  the  outset.  Now, 
the  allegiance  we  owe  to  the  Fed(;ral  Govern- 
ment is  a  natural  allegiance,  and  it  must  be 
vs-ell  understood,  or  at  least  it  is  sufficiently 
defined  in  the  Constitution  of  the  United  States 
which  we  have  already  adopted.  At  all  events, 
such  a  clause  has  never  been  inserted  before  in 
any  other  State  Constitution,  so  far  as  I  can  dis- 
cover, and  there  is  nothing  in  the  Constitution 
of  the  United  States  nor  in  the  Enabling  Act 
requiring  it.  The  gentleman  from  Washoe, 
(.Mr.  Nourse),  read  a  clause  from  the  Constitu- 
tion of  the  United  States  declaring  that  the 
Constitution  and  laws  of  the  United  States 
shall  be  the  supreme  law  of  the  land,  anything 
in  the  Constitution  and  laws  of  any  State  to 
the  contrary  notwithstanding.  Well,  we  have 
adopted   that  already,  and  it  seems  to  me  that 


*i 


3d  day.] 


DECLARATION  OF  RIGHTS. 


49 


Wednesday,] 


Fitch — DeLong — Brosnan — Warwick. 


[July  6. 


is  suflBcient.  I  hope,  for  these  reasons,  that 
the  amendment  may  be  rejected,  and  I  trust,  in 
order  that  we  may  be  able  to  prepare  such  a 
Constitution  as  the  people  will  willingly  in- 
dorse, that  all  matters  relating  to  this  question 
of  paramount  allegiance  will  be  stricken  out. 

Mr.  FITCH.  I  think  the  reason  given  by 
the  gentleman  from  Nye,  who  has  just  taken  his 
seat,  for  the  defeat  of  the  last  Constitution,  can- 
not be  exactly  correct.  He  is  of  the  opinion 
that  it  was  defeated  because  of  the  insertion  of 
the  Paramount  Allegiance  clause.  Now,  sir, 
he  has  a  much  higher  estimate  of  the  strength 
and  influence  of  the  party  of  which  he  is  the 
sole  and  able  representative  on  this  floor  than 
I  have,  if  he  entertains  that  opinion.  I  do  not 
think  the  late  Constitution  was  defeated  for 
any  such  reason.  That  may  have  been  the  rea- 
son why  he,  and  others  of  his  political  faith, 
voted  against  it,  but  he  must  haA'e  fed  upon  some 
mighty  Caesarian  diet  if  he  thinks  that  his 
party  in  this  Territory  could  adopt  or  defeat 
anything.  I  think  that  Constitution  was  de- 
feated by  a  combination  of  fortuitous  circum- 
stances. Some  charge  its  defeat  upon  the  Min- 
ing Tax  clause  ;  others  to  the  Paramount  Al- 
legiance clause  ;  some  lay  it  to  one  thing,  and 
some  to  another.  I  think  myself  that  it  was 
defeated  because  the  bolting  delegation  from 
Storey  County  was  not  admitted  into  the  Union 
State  Convention.     [Laughter.] 

The  CHAIRMAN.  The  Chair  has  a  little  ac- 
count to  settle  in  connection  with  that  matter. 

Mr.  FITCH.  I  do  not  think  we  are  fram- 
ing a  Constitution  for  six  months  or  a  year 
merely,  but  we  are  framing  a  Constitution 
to  last  when  we  are  in  our  graves  ;  and  for 
that  reason  I  am  in  favor,  without  particular  rf(  - 
gard  to  the  effect  upon  the  fall  elections,  li 
defining  exactly  what  we  mean.  I  differ  from 
the  views  of  the  gentleman  from  Washoe  (Mr. 
Nourse)  most  essentially.  That  gentleman  is 
opposed  to  inserting  the  words  "  in  the  exer- 
j  else  of  all  its  constitutional  powers,  as  the 
same  have  been  or  may  be  defined  by  the  Fed- 
eral Judiciary,"  not  because  Congress  or  the 
Executive  have  any  right  to  construe  the  law, 
but  because  they  must  be  judges  of  their  own 
powers  in  certain  contingencies  ;  and  he  cites 
in  illustration  the  case  of  General  Jackson  and 
the  United  States  Bank.  Now,  I  do  not  think 
that  case  applies  at  all  to  this  sentence,  as  It  is 
worded  here.  We  say  :  "  The  paramount  alle- 
giance of  every  citizen  is  due  to  the  Federal 
Government  in  the  exercise  of  all  its  constitu- 
tional powers,  as  the  same  have  been  or  may 
be  defined  by  the  Federal  Judiciary."  Now, 
while  I  concede  that  each  department,  the  Ex- 
ecutive and  Legislative,  as  well  as  the  Judicial, 
may  be  its  own  judge  of  the  constitutionality 
of  laws  coming  within  their  respective  spheres, 
I  do  not  allow  that  the  private  citizen  has  the 
right  to  be  his  own  judge  of  the  constitution- 
ality of  an  act  of  Congress.  The  only  way  in 
which  he  can  oppose  such  an  act  is  in  the  courts, 
and  if  it  is  decided  to  be  constitutional  by  the 
D 


courts,  it  is  his  duty  to  obey  it  till  the  decision 
is  reversed  or  the  law  repealed.  Although  it 
Is  true  that  the  decision  may  be  reversed,  still 
until  it  is  so  reversed  it  is  his  duty  to  obey  It. 
I  would  insert  the  words  "  in  the  exercise  of  all 
its  constitutional  powers,"  not  out  of  any  de- 
sire to  cater  to  any  disloyal  sentiment,  nor  with 
the  idea  that  they  will  have  any  such  effect, 
but  simply  to  define  what  we  mean,  to  let  those 
who  are  to  come  after  us  understand  what  we 
mean  when  we  say  "  the  paramount  allegiance 
of  every  citizen  is  due  to  the  Federal  Govern- 
ment." Of  course  it  is  not  due  to  unconstitu- 
tional acts  of  Congress,  but  only  to  those  acts 
that  are  constitutional. 

Mr.  DeLONG  (interrupting).  I  would  sug- 
gest that  the  hour  of  recess  is  approaching, 
and  unless  we  get  to  a  vote  now  on  this  ques- 
tionand  get  it  out  of  Committee,  we  shall  have 
to  discuss  it  all  over  again. 

Mr.  FITCH.  I  will  not  detain  the  Conven- 
tion further.    I  ask  that  the  question  be  stated. 

Some  discussion  took  place  as  to  the  priority 
of  pending  amendments  under  the  rules. 

The  CHAIRMAN  decided  that  the  vote  must 
first  be  taken  on  the  amendment  offered  by  Mr. 
Banks,  (as  modified  at  the  suggestion  of  Mr. 
Fitch,)  and  then  on  the  amendment  proposed 
by  Mr.  Nourse,  to  strike  out  the  latter  part  of 
the  section. 

Mr.  BROSNAN.  The  question  seems  to  have 
taken  a  different  course  from  what  I  expected. 
I  had  proposed  to  myself  to  have  an  opportu- 
nity, after  the  amendment  offered  by  the  gentle- 
man from  Washoe  should  be  disposed  of,  to  sub- 
mit an  fiiiendment  to  that  of  the  gentleman 
^  '    (Mr.  Banks);  but  if  the  ques- 

/  on  the  amendment  of  the 
.^  Humboldt  I  may  be  precluded. 

xne  CHAIRMAN.  Certainly  not  ;  the  sec- 
tion can  still  be  amended  in  any  other  respect. 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Banks,  as  modified  at  Mr.  Fitch's 
suggestion,  and  it  was  agreed  to. 

The  question  was  then  taken  on  the  amend- 
ment ottered  by  Mr.  Nourse,  and  it  was  not 
agreed  to. 

Mr.  BROSNAN.  Now  a  further  amendment 
Is  in  order,  I  suppose.  I  merely  present  It,  and 
do  not  propose  to  discuss  it.  It  is  an  amend- 
ment which  I  offered  in  the  last  Convention, 
and  I  repeat  it  now,  believing  that  It  would  ob- 
viate all  the  difficulties  which  have  been  appre- 
hended. I  will  ask  that  the  section  be  read 
as  it  will  stand  if  my  amendment  shall  be 
adopted. 

The  SECRETARY  read  as  follows  :— 

Section  2.  All  political  power  is  inherent  in  the  peo- 
ple. Government  is  instituted  for  the  protection,  se- 
curity and  benefit  of  the  people,  and  they  have  the 
right  to  alter  or  reform  the  same  whenever  the  pubUc 
good  may  require  it.  But  no  power  exists  in  the  peo- 
l^le  of  this  or  any  other  State  of  the  Federal  Union  to 
dissolve  their  connection  therewith,  or  to  do  any  art 
tending  to  impair,  subvert  or  resist  the  supreme  au- 
thority of  the  Government  of  the  United  States. 

Mr.  WARWICK.    Notwithstanding  that  the 


50 


ORDINANCE. 


[3d  day. 


Wednesday.]       E.utL — DeLosg — Brosxax — Collins — Bxsks — President — Chapin.        [July  6. 


clock  has  been  stopped,  and  our  thanks  may 
be  due  to  our  modern  Joshua  for  arresting  the 
wheels  of  time,  still  time  rolls  on.  and  the  time 
for  our  recess  has  arrived.  I,  therefore,  move 
that  the  Committee  rise,  report  progress,  and 
ask  leave  to  sit  again. 

Mr.  DeLONG.  That  would  leave  our  busi- 
ness unfiaished  in  the  Committee. 

Mr.  EARL.  I  hope  the  motion  will  not  pre- 
vail ;  we  are  in  a  condition  now  to  come  to  a 
vote. 

Mr.  DeLONG.  I  hope  it  will  not  prevail, 
for  the  members  of  the  Committee  cannot  come 
back  after  recess  with  the  subject  fresh  in  their 
minds.     Let  us  vote. 

Mr.  BROSNAN.  To  relieve  the  Committee 
from  any  embarrassment,  I  withdraw  the 
amendment  for  the  present. 

The  question  was  taken  on  the  motion  that 
the  Committee  rise,  report  progress,  and  ask 
leave  to  sit  again,  and  the  motion  was  agreed  to. 

IN   CONVENTION. 

The  SECRETARY  reported  that  the  Com- 
mittee of  the  Whole  had  had  under  consider- 
ation Article  I,  entitled  Declaration  of  Rights  : 
had  made  some  progress  therein,  and  had  in- 
structed him  to  ask  leave  to  sit  again. 

The  report  was  received,  and  leave  granted 
accordingly. 

The  hour  (12  o'clock,)  fi.xed  by  resolution 
for  recess  having  passed,  the  President  de- 
clared the  Convention  at  recpsp  until  one 
o'clock,  P.  M 

AI  ' 

The  Convei' 
P.  M.,  and  wai 


Mr.  COLLI-/-.  ['■  M  !.'[■.  In...  ■  .  il-.t  \.  i.i 
clause  of  the  fourth  section  of  the  Enabling 
Act.  Mr.  President,  you  will  observe  that  it  is 
required  of  this  Convention  to  e.^tublish  by  or- 
dinance certain  provisions  in  regard  to  slavery. 
in  regard  to  religious  toleration,  and  in  regard 
to  the  public  lands,  yielding  all  right  and  title 
to  them  to  the  Federal  Government.  In  obe- 
dience to  that  requirement,  I  have  drafted  an 
ordinance,  which,  with  your  permission,  I  will 
read  : — 

0UniN.l\CE. 

In  obedience  to  the  requirements  of  an  act  of  the 
ConpreBs  of  the  Unit<;d  States,  approved  March  21, 
18B4,  to  enable  the  people  of  Nevada  to  form  a  Con- 
stitution and  State  Government,  this  Convention, 
elected  and  convened  in  obedience  to  said  Enabling 
Act,  do  ordain  as  follows,  which  Ordinances  shall  be 
irrevocable,  withoiit  the  consent  of  the  United  States 
and  the  people  of  the  State  of  Nevada  :— 

First  — That  there  shall  be  in  the  said  State  of 
Nevada  neither  slaverj-  nor  involuntary  Ber\itude, 
otherwise  than  for  the  punishment  for  crimes  whereof 
the  party  shall  have  been  duly  convicted. 

.SVconrf— That  perfect  toleration  of  religious  senti- 
ment shall  be  secured,  and  no  inhabitant  of  said  State 
shall  ever  be  molested  in  person  or  property  on  ac- 
count of  his  or  her  mode  of  religious  worship. 


Third — That  the  people  inhabiting  said  Territory  do 
agree  and  declare  that  they  forever  disclaim  all  right 
and  title  to  the  unappropriated  public  lands  Ijong 
within  said  Territory,  and  that  the  same  shall  be  and 
remain  at  the  sole  and  entire  disposition  of  the  United 
States ;  and  that  the  lands  belonging  to  the  citizens  of 
the  United  States  residing  without  the  said  State  shall 
never  be  taxed  higher  than  the  land  belonging  to  res- 
idents thereof;  and  that  no  taxes  shall  be  imposed  by 
said  State  on  lands  or  property  therein  belonging  to  or 
which  may  hereafter  be  purchased  by  the  United  Slates. 

Mr.  BANKS.  Is  it  proposed  to  pass  this  in- 
dependent of  the  Constitution?  It  occurred 
to  me,  from  the  reading  of  the  Enabling  Act, 
that  the  design  was  to  have  something  of  this 
kind  incorporated  in  the  Constitution,  although 
I  admit  that  the  language — '•  on  behalf  of  the 
people,"  and  so  on,  would  tend  to  lead  one  to 
an  opposite  conclusion.  The  reason  why  I 
thought  .so,  was  that  in  the  first  part  of  this 
Section  4  of  the  Enabling  Act  it  is  provided 
that,  after  the  organization,  the  Convention 
"  shall  declare,  on  behalf  of  the  people  of  said 
Territory,  that  they  adopt  the  Constitution  of 
the  United  States.  Whereupon  the  said  Con- 
vention shall  be,  and  it  is  hereby  authorized  to 
form  a  Constitution  and  State  Government  for 
said  Territory."  And  then  follows  the  require- 
ments for  the  disclaiming  of  these  things  here 
enumerated.  I  think,  from  the  connection  and 
order  in  which  these  things  occur,  that  this 
proposition  should  constitute  a  part  of  the 
Constitution,  but  upon  that  point  I  would  like 
to  hear  from  gentlemen  who  have  reflected 
mnre  nnon  it  than  I  have  myself. 

•  :ESIDENT.  If  the  Convention  will 
■^  Chair  to  make  a  suggestion — I  have 
.  onsultation  with  the  framer  of  that 
and  it  seems  to  me  to  be  anticipated 
nabling  Act  that  something  in  this 
lid  be  introduced,  and  become  a  part 
nstitution,  under  the  name  or  in  the 
1  Ordinance.     And  for  the  action  pro- 

■  ..■!.  ..<.  have  a  precedent  in  one  State,  at 
least,  where  there  has  been,  previously,  similar 
action, — for  instance,  in  the  State  of  Kan- 
sas, where  the  Ordinance,  in  the  Constitution  as 
published,  is  made  to  precede  all  other  matters, 
under  the  name  of  '•  Ordinance." 

Mr.  COLLINS.  I  have  it  here.  It  is  headed, 
"The  Constitution  of  Kansas,  adopted  July," 
etc.,  and  then  follows  the  "Ordinance." 

Mr.  BANKS.  Connected  with,  and  following 
the  heading  of  the  Constitution?  That  covers 
the  whole  ground. 

Mr.  COLLINS.  Then  follows  the  Bill  of 
Right.s,  and  then  the  different  Departments. 

The  PRESIDENT.  I  suppose  it  is  perfectly 
competent  for  the  Convention  to  make  that  ar- 
rangement. 

Mr.  BANKS.  I  suggest,  then,  that  the  Ordi- 
nance take  its  second  reading  by  title. 

Mr.  CHAPIN.  I  suggest  the  propriety  of 
incorporating  with  the  Ordinance  the  resolu- 
tion adopted  yesterday.  AVe  arc  getting  too 
many  separate  and  distinct  documents.  We 
have  been  required  to  pass  a  re.>-olutiou  adopt- 
ing the  Constitution  of  the  Unified  States,  ancj 


3d  day.] 


ORDINANCE. 


51 


Wednesday,]  Crosman — Collins — President — Tozer — DeLong — Sturtevaxt.  [July  6. 


I  would  like  to  see  that  resolution  incorporated 
with  this  Ordinance. 

Mr.  CROSMAN.  I  suppose  that  can  be  ar- 
ranged hereafter.  I  move  that  the  Ordinance 
be  read  a  second  time  by  title,  and  referred  to 
the  Committee  of  the  Whole. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

The  Ordinance  was  read  a  second  time  by 
title,  and  referred  accordingly. 

RESOLUTION  ADOPTING  THE  U.  S.  COXSTITDTIOX. 

Mr.  CHAPIN.  Now  I  move  that  the  resolu- 
tion adopted  yesterday,  be  also  referred  to  the 
Committee  of  the  Whole. 

The  PRt;SIDENT.  That  resolution  has  al- 
ready been  adopted  by  the  Convention,  and  it 
would  seem  superfluous  now  to  refer  it. 

Mr.  DeLONG.  We  might  reconsider  the 
adoption  of  the  resolution. 

Mr.  BROSNAN.  I  suppose  all  there  is  to  be 
done,  is  to  give  the  resolution  a  place  in  con- 
nection with  the  Constitution.  Its  adoption  is 
all  that  the  Enabling  Act  requires. 

Mr.  COLLINS.  I  suppose  it  should  be  adopt- 
ed with  all  the  formalities.  If  through  inad- 
vertance  or  haste  we  have  adopted  it  in  an  im- 
proper manner,  I  hope  we  shall  reconsider  it. 

COL.  CRADLEBACGH. 

Mr.  HAWLEY.  I  observe  that  there  is  a 
distinguished  gentleman  in  the  House,  whom  I 
am  sure  we  all  delight  to  honor,  and  I  move 
that  Col.  Cradlebaugh  be  invited  to  take  a  seat 
within  the  bar  of  the  Convention.     [Applause.] 

The  PRESIDENT.  I  suppose  to  that  motion 
there  is  no  dissenting  voice.  Col.  Cradlebaugh 
will  please  take  a  seat  inside  the  bar. 

Col.  Cradlebaugh  came  forward  within  the 
bar  and  was  provided  with  a  seat. 

THE    RESOLUTION — AGAIN. 

Mr.  COLLINS.  To  facilitate  matters,  I  move 
to  reconsider  the  vote  by  which  the  Convention 
yesterday  passed  the  resolution  adopting  the 
Constitution  of  the  United  States. 

The  PRESIDENT.  The  first  duty  of  the 
Convention  was  to  adopt  that  resolution.  That 
was  required  to  be  done  before  the  adoption, 
even,  of  any  rules  ;  and  the  records  of  the 
Convention  show  that  it  has  been  done.  That 
is  all,  in  the  opinion  of  the  Chair,  that  de- 
volved upon  the  Convention  to  do  ;  and  that 
having  been  done,  and  evidenced  by  the  records 
of  our  proceedings,  it  stands  in  a  position 
dififerent  from  any  other  suViject  matter  before 
the  Convention.  If,  however,  it  is  the  opinion 
of  the  Convention  that  anything  more  is  neces- 
sary to  perfect  the  adoption  of  the  Constitution 
of  the  United  States,  the  Chair  will  be  happy 
to  put  any  motion  which  may  be  made. 

Mr.  TOZER.  The  Enabling  Act  itself,  I  was 
about  to  observe,  prescribes  the  time  when  this 
act  was  to  be  done — the  adoption  of  the  Con- 
stitution of  the  United  States — namely,  imme- 
diately following  the  organization  of  the  Con- 


vention ;  and  now,  after  the  lapse  of  a  day  or 
two,  to  reconsider  the  vote  by  which  we  com- 
plied, at  the  proper  time,  with  the  requirement 
of  the  Enabling  Act,  seems  to  be  out  of  place, 
at  least,  if  not  out  of  order.  I  oppose  the  mo- 
tion on  that  ground. 

Mr.  COLLINS.  As  the  reconsideration  does 
not  meet  with  the  approbation  of  the  Conven- 
tion, I  withdraw  the  motion. 

COMMITTEE    OF   THE   WHOLE. 

On  motion,  the  Convention  resolved  itself 
into  Committee  of  the  Whole,  (Mr.  Chapin  in 
the  Chair,)  for  the  consideration  of  the  Ordi- 
nance just  previously  introduced  by  Mr.  Col- 
lins, in  relation  to  slavery,  religious  toleration, 
and  the  public  lands. 

ORDINANCE   C0NCER^^NG   SLAVERY,    ETC. 

The  Ordinance  was  read  by  the  Secretary. 

Mr.  DeLONG.  I  move  that  the  Committee 
rise,  report  the  ordinance  back  to  the  Conven- 
tion, and  recommend  its  passage. 

Mr.  STURTEVANT.  I  would  inquire  if  this 
ordinance  would  not  conflict  with  our  right  to 
the  si.xteenth  and  thirty-sixth  sections  of  the 
public  lands,  which  belong  to  us,  under  the 
Enabling  Act. 

Mr.  COLLINS.  In  answer  to  that  sugges- 
tion, I  will  say  that  the  Enabling  Act  provides 
that  the  sixteenth  and  thirty-sixth  sections  in 
every  township,  or  their  equivalents  in  other 
lands,  where  such  sections  have  been  otherwise 
disposed  of,  shall  belong  to  us  for  common 
schools;  and,  in  addition  to  that,  there  are 
numerous  other  grants  of  public  lands.  Fur- 
ther than  that,  we  are  to  be  admitted  on  an 
equal  footing  with  all  the  other  States,  which 
gives  us  the  swamp  and  overflowed  lands  within 
our  limits.  This  ordinance  will  not  conflict 
with  those  rights  and  grants  at  all. 

The  question  was  taken  on  the  motion  that 
the  Committee  rise  and  report  the  ordinance 
back  to  the  Convention,  and  it  was  agreed  to. 

IN   CONVENTION. 

The  PRESIDENT  having  resumed  the  chair, 
The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
the  Ordinance  relating  to  slavery,  etc.,  and  had 
instructed  him  to  report  the  same  back  to  the 
Convention  without  amendment,  and  recom- 
mend its  passage. 

On  motion  of  Mr.  DeLONG,  the  report  was 
received  and  the  Ordinance  placed  on  file. 

COMMITTEE   OF   THE   WHOLE. 

On  motion  of  Mr.  DeLONG,  the  Convention 
resolved  itself  into  Committee  of  the  Whole, 
(the  President  remaining  in  the  chair),  for  the 
further  consideration  of  Article  I,  entitled 
Declaration  of  Rights. 

PARAMOUNT   ALLEGIANCE. 

The  question  was  stated  on  agreeing  to  sec- 
tion two,  which  was  read  by  the  Secretary,  as 
heretofore  amended,  as  follows : — 


52 


DECLARATION  OF  RIGHTS. 


[3d  day. 


Wednesday.] 


Brossax — DeLong — Secretary — Fitch — Banks. 


[July  6. 


Sec.  2.  All  political  power  is  inherent  in  the  people. 
Government  is  instituted  for  the  protection,  security 
and  benefit  of  the  people;  and  they  have  the  right  to 
alter  or  reform  the  same  whenever  the  public  good 
may  require  it.  But  the  paramount  allegiance  of  every 
citizen  is  due  to  the  Federal  Government  in  the  exer- 
cise of  all  its  constitutional  powers,  as  the  same  have 
been  or  may  be  defined  by  the  Federal  Judiciary;  and 
no  power  exists  in  the  people  of  this  or  any  other 
State  of  the  Federal  Union  to  dissolve  their  connection 
therewith  or  perform  any  act  tending  to  impair,  sub- 
vert or  resist  the  supreme  authority  of  the  Govern- 
ment of  the  United  States. 

Mr.  BROSNAN.  I  now  ofiFer  my  amendment 
I  propose  to  amend  section  two  so  as  to  read  as 
follows  : — 

Sec.  2.  AH  political  power  is  inherent  in  the  people. 
Government  is  instituted  for  the  protection,  security 
and  benefit  of  the  people;  and  they  have  a  right  to 
alter  or  reform  the  same  whenever  the  public  good 
may  require  it.  But  no  power  exists  in  the  people  of 
this  or  any  other  State  of  the  Federal  Union  to  dissolve 
their  connection  therewith,  or  to  do  any  act  tending  to 
impair,  subvert  or  resist  the  supreme  authority  of  the 
Government  of  the  United  States. 

Mr.  DeLONG.  I  rise  for  information  in  re- 
gard to  tbe  section  as  it  now  stands.  As  I 
understood  ttie  Secretary  to  read  it,  we  have 
already  stricken  out  the  latter  part  of  the 
printed  section  —  all  after  the  words  "  Govern- 
ment of  the  United  States' — but  1  did  not  so 
understand  the  action  of  the  Convention. 

The  SECRETARY.     I  so  understood  it. 

Mr.  DeLONG.  No.  sir  ;  nothing  was  stricken 
out.  Only  the  words  were  inserted — "  In  the 
exercise  of  all  its  constitutional  powers,  as  the 
same  have  been  or  may  be  defined  by  the  Fed- 
eral Judiciary."' 

The  SECRETARY.  I  understood  that  the 
proposition  of  the  gentleman  from  Storey,  (Mr. 
Fitch),  was  not  only  to  insert  certain  words, 
but  to  strike  out  the  latter  part  of  the  section  ; 
and  that  it  was  accepted  by  the  gentleman  from 
Humboldt  (Mr.  Banks). 

Mr.  FITCH.  My  motion  was  that  we  leave 
off  there — at  the  words  "  Government  of  the 
United  States"  —  striking  out  that  latter  por- 
tion of  the  section.  I  regarded  it  as  entirely 
unnecessary. 

Mr.  DeLONG.  Well,  then,  most  certainly 
there  has  been  a  misunderstanding. 

The  CHAIRMAN.  If  that  was  the  amend- 
ment, I  voted  under  a  misapprehension. 

[Several  voices — '•  So  did  I."] 

Mr.  BANKS.  When  the  gentleman  from 
Storey  offered  his  amendment,  I  asked  what  he 
intended  by  it,  and  he  said  he  intended  nothing 
more  than  to  add,  after  my  amendment,  the 
words,  "  as  the  same  have  been  or  may  be  de- 
fined by  the  Federal  Judiciary."'  It  was  with 
that  understanding  that  I  accepted  the  amend- 
ment. 

Mr.  FITCH.  It  is  true  that  I  stated  that  as 
my  object,  but  at  the  same  time  my  amend- 
ment went  further,  as  will  be  seen  by  examina- 
tion. It  was  read  as  I  offered  it.  and  in  my 
remarks  I  referred  to  the  concluding  portion 
of  the  section  as  uanecessary  or  surplusage. 
I  supposed  it  was  understood  by  the  Convention. 

Mr.  BANKS.    The   words  I   sent  up   were 


I  simply   these :  "Amend  by  adding   after   the 
I  word  '  Government,'  in  line  seven,  the  words '  in 
I  the  e.xercise  of  all  its  Constitutional  powers.'" 
j  And  to  that  was  added  these  words  :  "As  the 
j  same  have  been  or  may  be  defined  by  the  Fed- 
;  eral  Judiciary."     These  words  were   inserted, 
!  and  I  certainly  voted  under  a  most  monstrous 
;  misapprehension  if  anything  was  stricken  out. 
Mr.   DeLONG.      I   will   ask    my   colleague 
nearest  me,  (Mr.  Brosnan),  to  consent  to  with- 
draw  his  amendment  for  a  moment,  in  order 
I  that  we  may  get  this  misunderstanding  straight. 
I  will  then  move  to  amend  the  section  as  it 
now  stands  by  adding  the  portion  which  has 
been  stricken  out  through  a  misapprehension. 
Mr.  BROSNAN.     Very  well  ;  I  withdraw  it. 
Mr.  DeLONG.     I  now  move  to  amend  Sec- 
tion 2  by  adding  the  words  which  follow  "Gov- 
ernment of  the  United  States,"  in  the  Section 
as  printed,  to  wit  : 

"  The  Constitution  of  the  United  States  confers  full 
power  on  the  Federal  Government  to  maintain  and 
perpetuate  its  existence,  and  whensoever  any  portion 
ol  the  States,  or  people  thereof,  attempt  to  secede  from 
the  Federal  Union,  or  forcibly  resist  the  execution  of 
its  laws,  the  Federal  Government  may,  by  warrant  of 
the  Constitution,  employ  armed  force  in  compelling 
obedience  to  its  authority." 

Mr.  FITCH.  I  am  willing  to  accept  the 
amendment.  I  am  not  tenacious  about  it,  but 
I  do  not  think  the  language  is  necessary. 

The  question  was  taken,  and  the  amendment 
was  adopted. 

Mr.  BROSNAN.  I  now  renew  my  amend- 
ment. 

The  SECRETARY  again  read  Mr.  Brosnan's 
amendment. 

Mr.  BROSNAN.  I  wish.  Mr.  President,  to 
say  a  word  or  two  in  regard  to  my  position,  in 
oflering  this  amendment.  I  acknowledge  per- 
fect adherence  to  and  belief  in  the  truth  of 
the  section  as  it  now  stands  in  the  old  Consti- 
tution. There  is  not  an  idea  or  a  word  in  it  to 
which  I  do  not  yield  implicit  credence  and  obe- 
dience. I  consider,  however,  that  the  last  part 
of  the  section,  commencing  with  the  words — 
"  Tbe  Constitution  of  the  United  States  con- 
fers full  power  "  might  very  well  be  left  out, 
because  all  expressed  therein  is  necessarily  im- 
plied as  one  of  the  first  principles  of  govern- 
mental existence.  Every  government  must 
have  that  vital  element  of  power,  or  it  is  no 
government.  It  must  necessarily  be  able  to 
enforce  obedience  to  its  authority  in  all  respects. 
Hence,  upon  the  ground  of  its  being  super- 
fluous, I  would  have  that  portion  omitted.  And 
inasmuch  as  some  gentlemen  have  expressed 
dissatisfaction  with  the  term  "  paramount  alle- 
giance," I  have  omitted  those  words  also,  in  or- 
der that  we  may  unite  as  speedily  as  possible 
upon  the  idea,  or  upon  a  section  which  shall 
accord  all  the  vitality  and  power  to  the  Gov- 
ernment that  could  be  embodied  in  it  by  the 
use  of  th(jse  words,  and  at  the  same  time  not 
give  oft'ense  to  any  person.  In  this  way,  I  trust, 
we  may  come  to  a  vote  speedily,  and  dispose  of 
this  dilScult  question. 


3d  day.] 


DECLARATION  OF  RIGHTS. 


53 


Wednesday,] 


Sturtevaxt — DeLoxg — Chair>L'VX — Fitch — Hawley — Banks. 


[July  6. 


Mr.  STURTEVANT.  I  desire  to  ask  whether 
this  is  a  substitute  for  the  whole  section  or  an 
addition. 

Mr.  BROSNAN.  If  it  is  adopted  as  I  offer 
it,  it  will  be  a  complete  section  of  itself. 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Brosnan,  and  upon  a  division  it 
was  not  agreed  to — ayes,  6  ;  noes,  20. 

The  question  recurred  upon  the  adoption  of 
Section  2,  as  amended. 

Mr.  DeLONG.  I  move,  instead  of  adopting 
the  section  by  a  vote,  that  when  the  Committee 
rise  they  report  Section  2  back  to  the  Conven- 
tion, as  amended.  I  think  that  would  be  a 
more  proper  course. 

The  CHAIRMAN.  It  occurs  to  me  that  we 
had  better  adopt  the  sections  as  far  as  we  go, 
and  then  when  we  get  through  with  the  Arti- 
cle the  motion  to  report  back  will  apply  to  the 
whole.  After  the  Committee  has  amended  and 
adopted  the  sections  as  a  Committee  we  can  go 
back  into  Convention  and  adopt  the  amend- 
ments of  the  Committee,  or  further  amend. 

Mr.  DeLONG.  Very  well.  I  will  ask  for 
the  reading  of  the  section  as  it  now  stands,  be- 
fore the  vote  is  taken  on  its  adoption. 

The  section,  as  amended,  was  read  as  fol- 
lows : — 

"  Sec.  2.  All  political  power  is  inherent  in  the  peo- 
ple. Government  is  instituted  for  the  protection,  se- 
curity, and  benefit  of  the  people  ;  and  they  have  the 
right  to  alter  or  reform  the  same  whenever  the  piibUc 
good  may  require  it.  But  the  paramount  allegiance  of 
every  citizen  is  due  to  the  Federal  Government,  in  the 
exercise  of  all  its  constitutional  powers,  as  the  same 
have  been  or  may  be  detined  by  the  Federal  Judiciary ; 
and  no  power  exists  in  the  people  of  this  or  any  other 
State  of  the  Federal  Union  to  dissolve  their  connection 
therewith,  or  perform  any  act  tending  to  impair,  sub- 
vert, or  resist  the  supreme  authority  of  the  Govern- 
ment of  the  United  States.  The  Constitution  of  the 
United  States  confers  full  power  on  the  Federal  Gov- 
ernment to  maintain  and  perpetuate  its  existence,  and 
whensoever  any  portion  of  the  States,  or  people  there- 
of, attempt  to  secede  from  the  Federal  Union,  or  forci- 
bly resist  the  execution  of  its  laws,  the  Federal  Gov- 
ernment may,  by  warrant  of  the  Constitution,  employ 
armed  force  in  compelling  obedience  to  its  authority." 

The  question  was  taken  on  the  adoption  of 
the  section,  as  read,  and  it  was  adopted. 

TRIAI,   BY    JURY. 

Section  3  was  read,  as  follows  : — 

Sec.  3.  The  right  of  trial  by  jury  shall  be  secure  to 
all,  and  remain  inviolate  forever;  but  a  jury  trial  may 
be  waived  by  the  parties,  in  all  ci^'il  cases,  in  the  man- 
ner to  be  prescribed  by  law;  and  if  three-fourths  of 
the  jurors  agree  upon  a  verdict,  it  shall  stand  and  have 
the  same  force  and  effect  as  a  verdict  by  the  whole 
jury;  provided,  the  Legislature,  by  a  two-thtrds  vote 
of  each  branch  thereof,  may  require  a  unanimous  ver- 
dict notwithstanding  this  provision, 

Mr.  FITCH.  I  move  to  amend  the  section 
by  striking  out  all  after  the  words  "  prescribed 
by  law.'' 

Mr.  DeLONG.  As  an  amendment  to  the 
portion  proposed  to  be  stricken  out,  I  move  to 
insert  after  the  word  "jurors,"  the  words  "  in 
civil  cases,"  so  as  to  read  "  and  if  three-fourths 
of  the  jurors,  in  civil  cases,  agree  upon  a  ver- 
dict," etc. 


Mr.  CHAPIN.  You  will  find  that,  "  in  all 
civil  cases,"  a  line  or  two  above. 

Mr.  DeLONG.  That  only  applies  to  waiving 
a  jury. 

Mr.  HAWLEY.  If  the  gentleman  will  give 
way  for  a  moment  I  will  offer  an  amendment 
which  I  think  will  cover  the  case  as  he  desires. 
I  will  move  to  insert  after  the  words  "  upon  a 
verdict,"  the  words  "  in  civil  cases. 

Mr.  DeLONG.  That  only  puts  it  in  a  differ- 
ent place.  My  object,  and  I  presume  the  object 
of  the  gentleman  from  Douglas  is  the  same,  is 
this :  I  am  willing  to  allow  a  three-fourths 
verdict  in  civil  cases,  but  I  want  to  require  a 
unanimous  verdict  in  all  criminal  cases.  As  it 
now  stands,  three-fourths  of  a  jury  may  convict 
a  man  of  a  criminal  offense,  the  wisdom  of 
which  innovation  I  doubt. 

Mr.  HAWLEY.  We  cannot  be  too  explicit 
in  cases  of  so  much  importance,  where  the  con- 
struction of  the  constitutional  provision  might 
be  diflScult,  and  perhaps  disputed. 

Mr.  DeLONG.  I  think  the  amendment  will 
come  in  better  after  "jurors"  than  after  "  ver- 
dict," although  I  have  read  it  hastily.  Or  sup- 
pose we  insert  it  between  "  and  "  and  "  if,"  so 
as  to  read  "  and,  in  civil  cases,  if  three-fourths 
of  the  jurors  agree  upon  a  verdict,"  etc. 

Mr.  BANKS.  That  will  make  it  good  lan- 
guage. 

Mr.  HAWLEY.  I  will  accept  that  as  my 
amendment. 

The  CHAIRMAN.  Under  the  rule,  the  ques- 
tion will  first  be  on  the  amendment  of  the  gen- 
tleman from  Douglas,  (Mr.  Hawley,)  as  mod- 
ified by  the  gentleman  from  Storey  (Mr. 
DeLong). 

The  question  was  taken,  and  on  a  division 
the  amendment wasagreed  t.i  ;  ayes,  22 — noes,  6. 

The  question  recurred  on  the  amendment 
offered  by  Mr.  Fitch,  to  strike  out  all  the  sec- 
tion following  the  words  "  prescribed  by  law." 

Mr.  BANKS.  I  have  an  amendment  which 
would  be  in  order  now,  but  I  prefer  that  the 
vote  should  first  be  taken  on  the  proposition 
now  before  the  Convention. 

Mr.  FITCH  raised  a  question  of  order,  that 
after  a  vote  striking  out  or  refusing  to  strike 
out  a  portion  of  the  section,  it  would  not  be 
open  to  amendment. 

After  some  discussion,  the  Chairman  decided 
that  it  would  be  necessary  to  perfect  the  clause 
before  taking  the  vote  on  the  proposition  to 
strike  out. 

Mr.  BANKS.  Then  I  will  offer  my  amend- 
ment now,  as  it  proposes  to  perfect  that  por- 
tion which  the  gentleman  from  Storey  desires 
to  strike  out.  I  move  to  insert  after  the  word 
"if"  the  words  "the  number  prescribed  by 
law,  which  shall  not  be  less  than  ;"  also,  to 
strike  out  the  whole  of  the  proviso  following 
the  words  "  the  whole  jury  ;"  so  that  the  sec- 
tion would  read  : 

Sec.  3.  The  right  of  trial  by  jury  shall  be  secured 
to  all,  and  remain  inviolate  forever;  but  a  jury  trial 
may  be  waived  by  the  parties  in  all  civil  cases,  in  the 
manner  to  be  prescribed  by  law;  and  in  civil  cases,  if 


54 


DECLARATION  OF  RIGHTS. 


[3d  day. 


Wednesda)-,] 


Fitch — Hawley — DeLoxg — Chaikmax. 


[July  6. 


the  number  prescribed  by  Jaw,  wliich  shall  not  be  less  | 
than  three-fourths  of  the  jurors,  agree  upon  a  verdict,  ', 
it  shall  stand,  and  have  the  same  force  and  effect  as  a  | 
verdict  by  the  whole  jury.  j 

What  this  amuiidmeiit  affects,  or  what  I  pro- 1 
pose  to  accomplisli   by  it,  is  simply  this :     To 
provide  that  the  Legislature  shall,  in  its  dis- 
cretiou,  prescribe  by  law  that  auy  portion  of  a 
jury  above  and  including  three-lourths  shall 
decide  a  civil   case.     That   is  the   proposition 
embraced  in  my  amendment,  and  nothing  else. 
As  this  section  now  stands  there  is  a  provision 
to  the  effect   that  the   Legislature,  by  a  two- 
thirds  vote  of  each  house,  may  require  a  unan- 
imous verdict ;  so  that,  as  it  now  stands,  there  1 
is  a  discrimination  in  favor  of  allowing  three- ; 
fourths  to  render  a  verdict,  while  I  propose  by  ^ 
my  amendment  to  maiie  a  discrimination  against 
the  three-fourths  verdict. 

Mr.  FITCH.  I  will  not  detain  the  Conven- 
tion two  minutes,  but  here  is  as  good  a  place 
as  any  to  express  my  opposition  to  this  whole 
theory  of  a  three-fourths  verdict.  I  consider 
it  an  innovation,  and  nothing  else  but  exper- 
imental legislation,  and  I  think  an  organic  law 
is  the  last  place  in  the  world  in  which  exper- 
imental legislation  should  be  permitted  or  tol- 
erated. I  know  that  there  are  arguments 
against  compelling  an  entire  jury  to  agree  be- 
fore returning  a  verdict,  but  I  think  it  is  bet- 
ter to 

"bear  those  ills  we  have 

Than  fly  to  others  that  we  know  not  of." 

And  I  think  this  thing  has  never  been  attempted 
in  any  other  State  in  the  Union.  It  is  an  ex- 
periment taken  from  the  jury  system  of  Scot- 
land, and  I  believe  it  would  be  about  as  illy 
fitted  to  this  State  as  to  any  other  in  the  world. 
I  have  no  doubt  that  the  proposition  will  pass, 
but  I  desire  to  enter  on  the  record  my  opposi- 
tion to  it. 

Mr.  HAWLEY.  Not  knowing  what  the  ac- 
tion of  the  Convention  was  likely  to  be  on  this 
subject,  I  favored  the  amendment  which  was 
first  proposed  by  the  gentleman  from  Storey, 
(Mr.  DeLong,)  and  for  which  my  amendment 
was  afterwards  substituted.  But  my  mind  is 
decidedly  made  up  in  opposition  to  the  innova- 
tion which  has  biicn  referred  to  by  the  other 
gentleman  from  Storey,  (Mr.  Fitch.)  I  cannot 
conceive  that  any  good  can  possibly  result 
from  it.  It  is  a  well  known  fact  to  all  at- 
torneys and  counsellors-at-law  that  very  fre- 
quently parties  litigant,  availing  themselves  of 
the  right  given  to  them  by  the  statute,  choose  to 
have  their  cases  tried  by  a  sniall(,'r  number  than 
twulve  jurors.  Frequently  five  juror.s,  or  seven 
jurors,  perhaps,  are  selected  to  try  a  case  ;  and 
in  either  of  these  cases  it  would,  of  course,  l)e 
impossiljle  to  get  a  tlireo-fourlhs  vote  of  the 
jury  ;  and  then  the  result  would  be  that  the 
case  would  have  to  be  remanded  for  a  new 
trial,  an  event  now  of  very  frecjuent  occurrence 
in  the  case  of  a  jury's  failing  to  agree.  I  can- 
not (or  the  life  of  me  see  how  any  good  is  to 
result  to  our  judicial  .system  from  this  innova- 
tion.   I  voted  for  the  amendment  because  I  did 


not  know  whether  this  part  of  the  section 
would  be  ultimately  stricken  out  or  not  ;  but 
I  intended  to  move  to  strike  it  out  myself,  if 
nobody  else  had  done  so.  I  sincerely  trust,  in 
view  of  the  difficulties  which  would  surround 
the  experiment,  if  adopted,  and  in  view  of  the 
facts  that  experimental  legislation  is  dangerous, 
and  that  the  jury  system  of  our  country,  as  at 
present  organized  and  established,  furnishes 
sufficient  protection  to  life  and  property,  that 
the  motion  of  the  gentleman  from  Storey,  (Mr. 
Fitch.)  will  prevail,  and  that  all  relating  to 
this  three-fourths  experiment  will  be  stricken 
out  by  the  Convention. 

Mr.  DeLONG.  If  I  feared  that  the  adoption 
of  this  article,  or  the  defeat  of  the  amendment 
of  my  colleague,  (Mr.  Fitch),  would  ever  pro- 
duce such  a  disastrous  result  as  to  compel  a 
District  Judge  to  divide  a  man  up  into  frac- 
tions in  order  to  get  an  exact  three-fourths 
vote  of  a  jury,  I  should  certainly  vote  for  the 
amendment.  But  I  have  such  an  abiding  con- 
fidence in  the  intelligence  and  humanity  of  the 
judges,  that  I  do  not  believe  they  would  ever 
allow  a  case  to  go  to  a  jury  of  twelve,  or  of 
any  less  number,  in  such  a  way  that  it  would 
be  necessary  to  cut  anybody  up  in  order  to  get 
a  fractional  verdict.  Now  I  will  state  that,  as 
my  colleague  has  said,  it  is  true  that  this  is  an 
innovation  upon  our  present  jury  system,  but 
we  find  a  precedent  for  it  in  the  Scottish  law, 
and  the  experience  of  that  country,  for  many 
years,  has  been  favorable  to  its  operation.  It  is 
just  such  an  innovation,  it  strikes  me,  as  we 
ueed  in  this  country.  In  my  experience  as  an 
attorney,  I  find  it  is  the  man  that  has  a  bad 
cause,  rather  than  he  who  has  a  good  one,  who, 
as  a  general  thing,  asks  for  a  jury,  with  the 
hope  of  getting  upon  that  jury  at  least  one  man 
of  his  way  of  thinking,  in  order  to  "hang" 
the  jury. 

The  CHAIRMAN.  Then  that  one  juror 
would  be  less  humane  than  the  judge  you  re- 
ferred to  ;  the  one  would  divide  up  one  man 
only,  while  the  other  would  hang  the  whole 
jury.     [Laughter.] 

Mr.  DeLONG.  Well,  I  know  a  great  many 
jurors  that,  no  doubt,  ought  to  be  hung.  But, 
in  all  seriousness,  Mr.  (Chairman,  I  do  think 
that  this  would  be  an  innovation  which  would 
be  ind  rsisd  by  the  people.  I  remember  that, 
last  fall,  wlicn  tliis  C-onstitution,  which  we  are 
now  seeking  to  alter  and  improve,  was  earn- 
estly assailed  by  men  excei'dingly  desirous  and 
anxious  to  find  something  in  it  which  they  could 
find  fault  with  before  the  people  ;  when  they 
came  to  that  clause,  the  only  objection  they 
would  venture  to  urge  was,  its  applicability  to 
criminal  cases.  They  referred  to  the  hardships 
which  might  result  to  persons  unjustly  accused 
of  crime,  and  cited  cases  where  one  man  alone, 
on  a  jury,  had  stood  out,  with  apparent  obsti- 
nacy, against  a  verdict  of  guilty,  and  the  event 
had  proved  that  he  was  correct,  and  by  his  firm- 
ness had  savi'd  an  innocent  man  from  the  scaf- 
fold or  the  dungeon.    And  they  insisted  that 


3d  day.] 


DECLARATION  OF  RIGHTS. 


55 


Wednesday,] 


E.UIL — ^Wabwick. 


[July  6. 


sach  sacred  rights  as  life  and  liberty  should  be 
carefully  guarded,  and  not  be  allowed  to  be 
put  in  jeopardy  by  anything  less  than  the  unan- 
imous verdict  of  twelve  of  a  man's  peers — that 
unless  a  jury  of  twelve  impartial  men  all  agree 
that  he  is  guilty,  the  man  shall  not  go  to  the 
scaffold  or  the  dungeon — that  the  case  should 
be  so  clear  as  to  convince  the  minds  of  the 
whole  twelve,  or  that  mercy  should  intervene 
with  a  doubt,  and  snatch  the  accused  from 
the  impending  danger.  But  no  one  questioned, 
during  that  canvass,  the  propriety  of  the  three- 
fourths  verdict  in  civil  cases,  because  it  is  well 
known  that  there  is  no  place  under  the  canopy 
of  Heaven  where,  in  the  experience  of  men,  it 
has  been  found  so  difficult  to  prevent  one  man 
at  least,  on  a  jury,  from  being  tampered  with, 
as  in  this  country  ;  and  especially  in  these  min- 
ing cases,  involving  immense  interests.  One 
man  stands  out,  and  thus  enables  a  company  to 
continue  in  possession  of  a  rich  mine,  adminis- 
tering its  proceeds,  and  enjoying  its  revenue, 
to  the  detriment  of  the  proper  owners,  all 
through  the  trickery,  and  dishonesty,  perhaps, 
of  that  one  man,  until,  in  the  course  of  time, 
perhaps  a  year  or  two,  the  case  comes  up  on  the 
calendar  for  a  new  trial.  I  think  this  is  an 
innovation  to  which  the  people  will  consent, 
and  that  the  verdict  by  tliree-fourths  or  more 
of  a  jury,  will  be  found  in  practice  fully  as 
safe,  and  even  more  likely  to  be  right,  than 
where  one  single  juror  has  the  power  to  stand 
out  and  "  hang  "  the  jury. 

Mr.  EARL.  I  hope  the  section  will  be  al- 
lowed to  remain  as  it  is.  I  have  heard  in  Vir- 
ginia City  of  cases  of  this  kind,  where  men 
have  been  known  to  say  in  advance  that  such 
and  such  cases  could  never  come  to  trial,  be- 
cause, as  they  said,  "  we  can  hang  the  jury.'" 
I  think  it  is  necessary  for  the  general  inter- 
est and  good  of  the  country,  and  for  the  pro- 
gress and  development  of  our  mines,  that  we 
should  retain  that  section  as  it  now  stands.  The 
civil  cases  which  come  before  our  Courts  are 
of  great  importance,  differing  in  that  respect 
from  those  of  California,  or  of  any  other  State 
in  which  we  have  had  any  experience.  I  think 
we  certainly  should  adopt  this  provision  for  a 
three-fourths  verdict. 

Mr.  WARWICK.  I  perfectly  agree  w^ith  the 
gentleman  from  Storey,  (Mr.  DeLong,)  in  re- 
gard to  the  amendment  proposed,  providing 
that  a  unanimous  verdict  shall  be  required  in 
all  criminal  cases.  But  there  is  surely  less 
danger  of  injustice  being  done  by  a  two-thirds 
verdict  of  a  jury  in  civil  cases  than  there 
would  be  under  the  requirement  of  a  unan- 
imous decision.  As  the  gentleman  has  urged 
upon  the  Convention,  it  is  the  easiest  matter 
in  the  world,  in  cases  pending  before  the  Courts 
with  probably  a  million  of  dollars,  more  or 
less,  in  the  balance,  to  get  at  least  one  indi- 
vidual on  the  jury  who  can  be  improperly  in- 
fluenced. It  would  certainly  be  easier  to  do 
that  than  it  would  if  a  verdict  could  be  ren- 
dered by  eight  or  nine  out  of  the  twelve.     The 


object,  undoubtedly,  of  all  trials  in  the  Courts 
is  to  secure  justice  to  all  parties,  and  that  be- 
ing done,  it  is  all  the  law  requires.  The  im- 
portant point  is  to  get  at  the  readiest  and 
surest  means  of  securing  justice,  and  if  any 
gentleman  can  prove  to  me  that  a  unanimous 
verdict  will  be  more  likely  to  secure  that  end 
than  a  two-thirds  or  three-fourths  verdict  would, 
then  I  certainly  should  vote  for  the  former 
proposition. 

Still,  in  a  criminal  case,  where  the  life  of  an 
individual  may  be  trembling  in  the  balance,  I 
should  be  in  favor  of  requiring  a  unanimous 
verdict,  preferring  rather  to  allow  ninety-nine 
guilty  men  to  escape  than  that  one  innocent 
man  should  suffer.  But  in  a  civil  case,  and, 
sometimes,  perhaps,  one  of  the  utmost  impor- 
tance, involving  millions,  or,  at  all  events, 
hundreds  of  thousands  of  dollars,  I  certainly 
think  that  a  three-fourths  verdict  would  be 
more  apt  to  secure  justice  to  all  parties  than  a 
unanimous  verdict  would  be  likely  to  do.  I 
suppose  that  there  is  no  gentleman,  either  exer- 
cising any  judicial  functions  or  engaged  in  prac- 
tising law  in  Nevada,  but  is  fully  aware  of  the 
manifest  injustice  which  time  and  again  liti- 
gants are  subjected  to,  and  the  sometimes  im- 
mense expense  to  which  they  are  put,  on  ac- 
count of  there  being  some  improper  persons 
on  the  jury.  Perhaps,  while  the  party  thinks 
that  he  has  carefully  guarded  every  avenue  of 
approach,  he  finds  that  still,  by  some  means 
or  other,  some  one  man  out  of  the  twelve  has 
been  secured  to  the  adverse  interest,  and  he 
loses  the  verdict.  The  man  who  is  thus  se- 
cured by  the  artful  policy  of  one  or  other  of 
the  litigants,  is  enabled  to  defeat  the  ends 
of  justice.  I  hope  the  proposition  contained 
in  this  section  will  carry,  howev(#  much  it 
may  be  deemed  to  be  dr  proved  to  be  an  exper- 
iment. 

But,  sir,  it  is  not  altogether  an  experiment. 
I  believe  that  it  has  been  tried  in  the  State  of 
Louisiana,  or  elsewhere,  and  that  it  is  not,  cer- 
tainly, altogether  confined  to  Scotland.  Of 
this,  however,  I  will  not  be  po.sitive.  But, 
whether  it  is  or  not  an  experiment,  I  do  not 
believe  in  sacrificing  to  any  time-honored 
evil,  simply  because  it  has  the  sanction  of  time, 
if  our  present  circumstances  demonstrate  to 
us  that  a  new  condition  of  things  would  be 
better  for  us,  that  a  new  system  would  work 
better  in  our  country  than  the  system  of  injus- 
tice to  which  we  have  submitted  in  the  past, 
I  am  not,  for  one,  certainly,  afraid  to  try  the 
experiment.  Any  melioration  you  might  at- 
tempt to  make,  either  in  law  or  ethics,  would 
meet  with  this  same  opposition  in  behalf  of 
anything  which  has  the  sanction  of  time. 
You  are  always  met  with  this  old-time  cry  of 
"innovation!"  No,  sir!  although  I  am  in 
favor,  where  right  guides  tlie  way,  of  treading 
in  the  beaten  path,  still,  if  innovation  is  neces- 
sary, I  am  not  afraid  to  innovate.  Why,  sir, 
our  government  was  an  experiment  in  the  past, 
but  it  has  now  the  sanction  of  a  great  nation. 


56 


DECLARATION   OF  RIGHTS. 


[3d  day, 


Wednesday,] 


Chapix — NouRSE — Fitch — DeLong — Brosxax. 


[July  6. 


I  hope  in  this  case  we  shall  not  fear  to  innovate 
where  the  ends  of  justice  demand  the  adoption 
of  this  change  in  our  judicial  system. 

Mr.  CHAPIN.  The  amendment  proposed  by 
my  colleague,  (Mr.  Fitch),  is  to  prevent  this 
experiment,  or  this  innovation,  and  to  adhere  to 
the  old  law,  or  rule  of  practice,  of  requiring  a 
full  verdict  by  a  jury  of  twelve  men.  I  hope 
that  amendment  will  not  prevail,  because  I 
want  to  try  that  experiment,  or  that  innova- 
tion. This  is  the  very  country  to  try  it  in.  Our 
circumstances  are  not  like  those  of  any  other 
people  in  these  United  States.  "We  are,  as  my 
friend  from  Washoe,  (Mr.  Nourse),  remarked 
yesterday,  mostly  immigrants  here.  We  are 
from  all  parts  of  the  world,  unknown  to  each 
other.  We  have  our  juries  .sitting  upon  cases 
where  millions  of  dollars  are  at  stake,  and  we 
are  obliged  to  take  men  for  such  juries  who  are 
unknown  to  us,  whose  integrity  has  never  had 
a  test ;  and  we  know  that  it  has  been  proved, 
time  and  again,  that  some  of  those  men  can  be 
approached — that  they  can  be  bribed  to  stand 
out — and  verdicts  have,  in  that  manner,  been 
prevented  in  cases  where  the  greatest  injustice 
has  thereby  been  done.  I  have  resided  more 
than  four  years  in  this  Territory,  and  I  can  go 
out  into  this  community  and  count  up  scores 
of  men  who  have  been  ruined  in  tliat  very 
manner ;  simply  because  twelve  men  were  re- 
quired to  find  a  verdict,  and  perhaps  one  single 
man  who  stood  out  would  prevent  it.  The  re- 
sult has  been,  that  where  poor  men  have  been 
engaged  in  litigation  with  rich  companies,  they 
have  been  utterly  unable  to  come  into  Court  to 
try  their  causes  over  again.  I  see  a  great  deal 
more  safety  in  depending  upon  a  verdict  of 
three-fourths  of  a  jury,  than  in  requiring  a 
unanimous  verdict  from  twelve  men  whom  you 
do  not  know.  Therefore  I  hope  the  amend- 
ment will  be  voted  down,  and  we  shall  adhere 
to  the  section  as  it  stands.  It  will  not  apply 
to  criminal  cases,  but  to  civil  cases  alone.  And 
again,  there  is  another  safeguard  in  the  fact 
that  we  leave  it  to  the  Legislature,  so  that  if 
they,  in  their  wisdom,  think  that  the  experi- 
ment does  not  work  well,  they  can,  by  a  vote  of 
two-thirds,  at  any  time  alter  the  law,  and  re- 
quire a  unanimous  verdict.   I  say,  let  us  try  it. 

Mr.  NOURSE.  I  am  opposed  to  the  amend- 
ment, for  the  reason  that  I  like  exceedingly  this 
provision  for  a  three-fourths  verdict  in  civil 
cases.  The  reason  for  my  objection  to  the  pres- 
ent sytem  is,  that  where  interests  of  enormous 
magnitude  are  in  litigation,  it  is  quite  easy  to 
tamper  with  some  one  of  the  jurymen  ;  but 
where  a  verdict  can  be  rendered  by  three- 
fourths,  it  make  the  number  to  be  tampered 
with  larger,  and  therefore  increases  the  difficul- 
ties in  the  way  of  such  tampering.  I  can  see 
no  great  difficulty  or  danger  in  it,  for  when  we 
go  into  the  Supreme  Court,  and  two  judges  out 
of  three  decide  against  us,  we  do  not  complain. 

But  the  gentleman  from  Douglas.  (Mr  Haw- 
ley),  presents  an  argument  against  it  on  the 
score  of  humanity.    Now  I  suppose  that  if  a 


verdict  by  three-fourths  of  the  jury  is  required, 
and  a  larger  number  than  three-fourths  should 
agree  to  it,  it  would  not  vitiate  the  verdict. 
The  gentleman  seems  to  think  it  would,  and 
that,  in  such  a  case,  instead  of  juries  being 
"hung,"  they  would  have  to  be  drawn  and 
quartered.  [Laughter.]  I  would  like  to  know, 
if  in  the  Scottish  authorities,  there  are  any 
cases  mentioned  of  the  division  of  jurymen  in 
that  way. 

Mr.  FITCH.  Men  who  are  engaged  in  the  pro- 
fession of  the  law  do  not  naturally  respect  the 
jury  system.  They  come  so  much  incontactwith 
the  evils  of  that  .system  that  they  are  willing  to 
do  anything  in  order  to  mitigate  them.  But, 
nevertheless,  the  people  are  wedded  to  the  jury 
system,  and  I  do  not  think  we  could  adopt  any 
clause  which  would  be  so  hurtfi^l  to  the  chances 
of  the  adoption  of  our  Constitution  as  this  pro- 
posed innovation.  My  colleague,  (Mr.  DeLong,) 
called  our  attention  to  the  fact  that  nobody  ob- 
jected to  this  three-fourths  verdict  modification 
of  the  jury  system,  except  in  so  far  as  it  applied 
to  criminal  cases.  Now,  the  gentleman's  mem- 
ory is  certainly  very  much  at  fault.  I  can  re- 
member of  hearing  the  gentleman's  eloquent  and 
most  sonorous  periods,  and  his  loftiest  flights, 
during  the  last  canvass,  over  in  Dayton,  and 
Silver  City,  and  Como,  where  he  made  speeches, 
in  which  he  called  particular  attention  to  this 
terrible  innovation  upon  our  jury  system;  a  sys- 
tem, he  said,  which  had  been  handed  down  to 
us  from  King  John,  from  whom  it  was  wrested 
in  magna  charta  by  the  barons  of  Runnymede. 
That  sacred  guarantee  of  our  liberties,  he  told 
us,  had  been  interfered  with  by  the  Constitu- 
tional Convention  of  Nevada,  and  that  innova- 
tion on  our  chartered  rights  he  repudiated  and 
denounced  with  all  the  force  of  his  invective 
and  .sarcasm.  Now,  while  I  did  not  altogether 
indorse  the  entire  accuracy  of  all  my  colleague's 
historical  allusions,  I  do  think  that  this  is  an 
innovation  of  at  least  doubtful  propriety.  So 
far  as  bribing  jurors  is  concerned,  I  presume 
that  if  a  man  can  "  hang  "  a  jury  by  bribing 
one  man,  he  can,  with  a  little  more  eSbrt,  ac- 
complish the  same  thing  by  bribing  three  or 
four  men. 

Mr.  DeLONG.  Will  the  gentleman  allow 
me  to  correct  him?  I  do  not  remember  the 
rounded  periods  and  lofty  flights  to  which  he 
refers  [laughter];  but  if  I  did  indulge  in  that 
style  of  argument,  I  must  be  pardoned  for  act- 
ing on  the  same  principle  as  the  man  up  in  Ken- 
tucky, who,  as  the  story  runs,  turned  his  jacket 
in  order  to  save  his  life.  But,  Mr.  Chairman, 
as  all  the  delegates  here  are  supposed  to  be 
politicians,  I  imagine  that  nobody  is  going  to 
hold  me  to  account  for  not  recollecting  all  that 
I  ever  said  on  the  stump      [Laugliter.] 

Mr.  BROSNAN.  I  am  not  disposed  to  say 
much  on  the  question  now  before  the  Conven- 
tion, but  I  cannot  see,  for  the  life  of  me,  why 
men  are  so  wedded  to  the  system  of  requiring 
a  unanimous  decision  by  twelve  men.  In  the 
last  Convention  I  introduced  this  innovation. 


3d  day.] 


DECLARATION   OF  IIIGHTS. 


57 


Wednesday,] 


Banks — Hawley — Fitch — Warwick. 


[July  6. 


as  it  is  called,  and  I  suppose  I  may  be  consid- 
ered, to  some  extent,  bound  to  give  the  reason 
why  I  did  so.  I  am,  however,  relieved  from 
that  necessity  by  the  full  explanations  given 
by  gentlemen  who  favor  the  section  as  it  now 
stands. 

Still,  I  would  ask  gentlemen   who  are  op- 
posed to  the  section,  at  what  time  or  period  of 
time  in  the  history  of  the  world  it  became  ne- 
cessary to  dispose  of  questions  of  interest  be- 
tween man  and  man  by  the  unanimous  decision 
of  twelve  men  ?    As  to  the  origin  of  juries,  if 
history   is  not   at  fault,  I   believe   they  com- 
menced with  the  Goths,  long  before  the  Saxons 
had  anything  to  do    with  them.     There  were 
two  juries,  the   extraordinary,  and  what  was 
called  the  grand  assize,  or  ordinary.     This  ex- 
traordinary jury  was  composed  in  this  way  : 
A  summons  was  issued  by  the  Sheriff  of  the 
county  to  four  knights,  who,  upon  meeting  to- 
gether, had   the  privilege  of  electing  twelve 
others  to  act  with  them.     Then  these  sixteen 
knights  sat  in  judgment,  and  when  any  twelve 
of  them  agreed,  their  decision  became  a  ver- 
dict.    Then   complete  unanimity  was  not  re- 
quired, and  we  have  no  authority  at  all  for  re- 
quiring it,  if  we  go  back  to  the  origin  of  the 
jury   system.     So,   in   cases   before   the   High 
Court  of  Parliament,  where  the  peer  was  tried 
by  his  peers  upon  the  principle  of  the  jury  sys- 
tem ;  it  was  not  necessary  there  that  all  should 
agree  in  the  judgment.     It  was  required  that 
twelve   should   agree — a  majority — but  never 
less  than  twelve.    So,  in  the  Court  of  the  Lord 
High  Steward  of  England,  it  was  only  required 
that  a  majority  should  decide,  but  that  majority 
must  not  be  less  than  twelve.    The  particular 
number  appears  to  have  been  a  mere  matter  of 
fancy,  but  in  no  case  was  it  requisite  that  there 
should  be  a  unanimous  verdict  of   the  jury. 
And  the  practice  was  similar  in  an  inquiry  into 
I  a  case  of  lunacy.     A  jury  in  a  case  de  lunatico 
inquirendo  was  composed  of  seventeen,  but  the 
;  concurrence  of  twelve  only  was  necessary  to 
1  find  the  fact  that  the  man  was  non  compos  mentis. 
\  And  next  we  see  further  that  in  cases  of  coro- 
I  ners'  inquests,  twelve  was  necessary  to  render 
j  a  verdict,  and  the  practice  came  at  length  to 
I  be  to  summon  only  twelve  upon  such  juries ; 
I  and  thence,  I  suppose,  was  the  origin  of  the 
I  jury  of  twelve.     When  twelve  only  were  nom- 
inated, of  course  they  must  unanimously  agree 
j  upon  a  verdict.    But  one  of  the  most  learned 
I  annotators  has  said,  Mr.  Chairman,  that  it  is 
strange   that   any   such  unanimity   should    be 
I  required  of  twelve  men,  where  their  passions 
I  and  education  are  ditt'erent,  as  well  in  respect 
'  to  their  passing  judgment  upon  rights  between 
'  individuals  as  in  regard  to  any  other  of  the  or- 
dinary questions  of  life.     In  the  determination 
j  of  any  other  question  of  business,  or  other- 
wise,  a   majority  is  competent    to   determine 
!  either  the  right  or  the  wrong  of  the  question 
'•  to  be  determined. 

Another  learned  commentator  says  : — 
"The  unanimity  of  twelve  men  is  so  repugnant  to 


all  experience  of  human  conduct,  passions  and  under- 
standing, that  it  could  hardly  in  any  age  have  been 
introduced  into  practice  by  a  deliberate  act  of  legis- 
lation." 

With  these  comments  upon  the  question,  I 
hope,  sir,  that  the  motion  of  my  colleague  will 
not  prevail,  and  that  we  will  maintain  and  ad- 
here to  the  plan  of  a  three-fourths  verdict  of 
juries  in  civil  cases. 

The  question  was  stated  on  Mr.  Banks' 
amendment. 

Mr.  BANKS.  I  will  withdraw  my  amend- 
ment so  as  to  get  a  direct  vote  on  the  amend- 
ment of  the  genleman  from  Storey  (Mr.  Fitch). 

The  CHAIRMAN.  The  Chair  is  of  the  opin- 
ion that  the  vote  upon  that  amendment  would 
preclude  any  further  amendment  of  that  por- 
tion of  the  section. 

Mr.  BANKS.    Undoubtedly  so. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  Fitch,  and  it  was  not  agreed 
to. 

Mr.  HAWLEY.  Inasmuch  as  this  innovation 
prevails  in  the  Convention,  and  inasmuch,  too, 
as  the  learned  gentleman  from  Storey,  (Mr. 
Brosnan),  has  virtually  attacked  the  principle 
that  twelve  men  should  constitute  a  jury ; 
and,  furthermore,  inasmuch  as  it  becomes  our 
bounden  duty  to  be  as  explicit  as  possible  in 
expressing  our  meaning,  and  to  leave  no  room 
for  misconstruction,  I  move  that  this  section 
be  further  amended  by  inserting  after  the 
words  "  unanimous  verdict,"  the  words  "  in 
such  civil  cases,"  so  that  the  proviso  will 
read  : — 

Provided,  The  Legislature,  by  a  two-thirds  vote  of 
each  branch  thereof,  may  require  a  unanimous  verdict, 
in  such  civil  cases,  notwithstanding  this  provision. 

Mr.  FITCH.  There  is  no  necessity  for  that 
amendment.  I  think. 

Mr.  HAWLEY.  Very  well,  I  will  withdraw 
it. 

Mr.  FITCH.  I  desire  to  move  to  amend  that 
proviso  by  striking  out  the  words  "  two-thirds," 
and  inserting  "  a  majority,"  so  as  to  provide 
that  the  Legislature,  by  a  majority  vote,  may 
require  a  unanimous  verdict. 

It  may  be  that  I  am  entirely  wrong,  and  that 
this  innovation  in  our  jury  system  is  entirely 
right.  If  that  be  the  case,  then  of  course  the 
State  Legislature  will  indorse  the  proposition 
and  reject  mine.  But  I  think  we  should  be 
willing  to  leave  all  those  matters  to  the  peo- 
ple, so  far  as  possible.  And  if  we  provide  here 
that  the  Legislature  may  abrogate  this  provis- 
ion, we  give  the  people  an  opportunity  to  ex- 
press their  judgment  upon  it.  I  am  in  favor  of 
doing  that  whenever  it  can  be  done  without 
inconvenience. 

The  question  was  taken  on  Mr.  Fitch's 
amendment,  and  it  was  not  agreed  to. 

Mr.  WARWICK.  I  move  to  amend,  by  in- 
sertine,  after  the  words  "  civil  cases,"  where 
they  first  occur,  the  words,  '•  in  all  criminal 
cases  where  the  ofiense  amounts  only  to  a  mis- 
demeanor." 

My  reason  is  this  :  as  it  stands  at  present,  a 


58 


DECLARATION  OF  RIGHTS. 


[3d  day. 


Wednesdaj',] 


JoHxsox — NoLRSE — Eaul — DeLoxg. 


[July  6. 


person  charged  with  a  small  ofifense,  as  assault 
aud  battery,  for  example,  has  no  right  to  waive 
a  jury,  even  though  he  may  be  willing  to  plead 
guilty  to  the  otteuse.  Therefore  I  offer  the 
amendment  with  a  view  to  expedite  the  admin- 
istration of  justice. 

The  question  was  taken,  and  on  a  division, 
the  amendment  was  not  agreed  to — ayes,  9 — 
noes,  14. 

The  CHAIRMAN.  There  is  one  matter  here, 
in  regard  to  which  I  desire  to  make  a  remark, 
and  it  is  a  matter  which  I  discussed  and  thought 
of  much  in  the  previous  Convention.  This 
section  seems  to  establish  a  different  rule  for 
the  passage  of  a  law  than  is  contemplated  in 
other  parts  of  the  Constitution,  and  I  suggest 
whether  it  would  not  be  well  to  have  uniform- 
ity in  that  respect.  The  Legislature,  by  a  two- 
thirds  vote,  may  over-ride  the  veto  of  the  Gov- 
ernor, and  it  occurs  to  me  that  this  provision, 
allowing  the  Legislature,  by  a  two-thirds  vote, 
to  make  the  change,  would  differ  with  the  gen- 
eral system  adopted  for  the  passage  of  laws  by 
the  Legislature. 

Mr.  NOURSE.  If  it  is  passed  by  a  two- thirds 
vote  originally,  then  of  course,  if  it  is  vetoed, 
the  Legislature  will  pass  it  again. 

The  CHAIRMAN.  But  it  might  happen  that 
the  bill  would  pass  by  a  two-thirds  vote,  and 
then  after  it  is  vetoed  it  might  not  receive  a 
two-third  vote.  The  question  is,  then,  under 
the  language  of  the  proviso,  would  the  bill, 
notwithstanding,  become  a  law  ?  It  seems  to 
me  that  it  will  be  better  to  give  a  delinite  mean- 
ing and  construction  to  our  labors,  as  we  pro- 
gress, so  that  if  hereafter  any  question  should 
arise,  it  may  be  determined  by  a  reference  to 
the  reported  Debates  and  Proceedings  of  the 
Convention. 

Mr.  EARL.  I  understand,  from  the  reading 
of  the  section,  that  a  two-thirds  vote  of  the 
Legislature  is  all-sufScient  to  make  the  change. 

Mr.  DeLONG.     I  think  that  the  plain  con- 
struction of  the  article  is,  that  the  bill  shall  be 
passed  by  two-thirds  nf  the  Legislature  before 
it  can   Ijccome  a  law  by  the  signature  of  the 
Governor,  and  then   it  must  be  sigiu'd  by  the 
Governor  and  returned  in  order  to  become  a 
law.     In   any  event,    if  the   Governor   should 
veto  it  and  return  it,  although  it  is  passed  by  a  j 
two-thirds  vote  of  the  Legislature,  it  could  not ' 
be  contended    that  it  became  a  law  unless  it 
was  again  passed  by  a  two-thirds  vote,  over  the  ] 
Governor's  veto.      For  instance' — in  order  that 
I  may  be  clearly  understood— if  it  is  passed  by 
a  majority  vote,   and   approved   by  the  Gov- ' 
ernor,  it  is  not  a  law  that  would  affect  a  change 
in  the  jury  system.  It  must  be  passed,  in  the  first  i 
place,  by  a  two-thirds  vote  of  the  Legislature, , 
aud   then  it   is  immaterial  whether  it   is   ap- 
proved by  tlie  Governor  or  not,  because  if  it  is 
returned  witli  Ijis  veto,  the  same  vote  can  pass  I 
it  again,  and  it  becomes  a  law  over  his  veto.  | 
That  is  my  construction. 

[.Mr.  CHA.PI.V  in  the  Chair.] 

Mr.  JOHNSON.    The  construction  which  I 


was  disposed  to  place  on  this  provision — a  lit- 
tle out  of  place,  perhaps,  when  occupying  the 
Ciiair — was  intended  to  obviate  any  difficulty 
which  might  possibly  ari.se  hereafter,  in  view 
of  differences  of  opinion  in  this  body.  Now,  as 
I  understand  the  gentleman  from  Storey,  (Mr. 
DeLong.)  he  contends  that  such  an  enactment 
would  require  the  approval  of  the  Governor, 
or  if  not  so  approved,  would  need  a  two-third 
vote  of  the  Legislature  to  pass  it  over  his  veto. 
Afld  my  other  friend  from  Storey,  (Mr.  Earl,) 
seems  to  entertain  a  different  opinion.  It  is 
for  this  reason  that  I  now  call  the  attention  of 
the  Convention  to  the  subject.  I  want  the  lan- 
guage so  framed  that  there  can  be-  no  possible 
misconception  as  to  what  we  do  mean.  Here 
are  two  diverse  views,  or  constructions,  given 
by  members  of  this  body — andto  my  mind,  that 
fact  is  suggestive  of  the  great  need  of  changing 
the  language  of  the  section  in  such  manner 
that  our  views  may  be  harmonized,  so  that 
hereafter  there  may  exist  no  misconception  of 
our  meaning.  Now,  sir,  I  differ  entirely  with 
the  gentleman  from  Storey  who  last  spoke  to 
this  question,  in  the  construction  he  has  given 
to  this  proviso.  As  a  proposition  of  law,  it 
must  be  conceded  that  it  is  competent  for  this 
body  to  lodge  the  law-making  power  solely  in 
the  Legislative  branch  of  the  Government ; 
aud  if  we  possess  this  unlimited  power,  is  it  not 
most  assuredly  within  the  province  of  the  Con- 
vention to  confer  on  them  a  part  of  this  author- 
ity?   Most  assuredly  so. 

Mr.  DeLONG.  If  the  Chair  will  excuse  the 
interruption,  I  will  ask  if  this  amendment  will 
remove  the  doubt, — to  insert  after  the  word 
"  Legislature,"  the  words,  "  by  a  law  passed ;" 
so  that  the  proviso  will  read  : — 

Provided,  The  Legislature,  by  a  law  passed  by  a  two- 
thirds  vote  of  each  bi-aneh  thereof,  may  require  a 
unanimous  verdict,  notwithstanding  this  prorision. 

Mr.  JOHNSON.  Any  words  will  do,  that 
will  render  definite  our  meaning.  If  we  re- 
quire it  to  be  done  by  an  act  requiring  the 
same  formalities  that  are  observed  in  reference 
to  other  laws,  then  let  us  express  it  in  such  lan- 
guage as  shall  leave  it  certain.  That  is  all  I 
desire.  I  do  not  suppose  it  was  the  intention 
of  the  Convention  to  bestow  the  power  solely 
on  the  Legislature.  I  think  the  amendment  of 
the  gentleman  from  Storey  will  obviate  all  diffi- 
culty. I  have  no  objection  to  the  section,  as  it 
is  proposed.  I  know  that  the  reasons  urged,  in 
the  late  Convention,  for  the  incorporation  of 
this  proviso,  were,  that  it  might  possibly  be 
found,  being  but  an  experiment,  unadvisable  to 
retain  the  three-fourths  verdict  clause,  and 
that  powi'r  should  be  lodged  somewhere,  other- 
wise than  in  the  general  mode  pointed  out  for 
amendments  to  tlie  Constitution,  to  rcenact  the 
old  rule  of  requiring  a  unanimous  verdict.  It 
was  thought  that  the  experiment  might  prove  a 
failure,  and  if  so,  then  the  requisite  two-thirds 
vote  of  the  Legislature  could  be  readily  ob- 
tained to  effect  the  change.  Something  has 
been  said  about  a  majority  ;  but  that  having 


3d  day.] 


DECLARATION  OF  RIGHTS. 


59 


\\'L'dnesday,]      Collins — DeLong — Banks — Brosnax — Proctor— Nourse — Fitch. 


[July  6. 


been  voted  down,  I  think  it  is  not  advisable  to 
lodge  the  power  with  a  mere  majority  of  the 
Legislature  to  change  a  prominent  feature  in 
our  Constitution. 

[The  President  in  the  Chair.] 

The  question  was  stated  on  Mr.  DeLong's 
amendment,  to  insert  the  words,  "  by  a  law 
passed,"  and  the  amendment  was  agreed  to. 

Mr.  COLLINS.  I  desire  to  offer  a  mere 
verbal  alteration.  I  move  that  between  the 
words  "jury,"  and  "agree,"  be  inserted,  by 
way  of  amendment,  the  word  "  shall,"  so  as  to 
read,  "  if  three-fourths  of  the  jury  shall  agree 
upon  the  verdict."  I  think  the  propriety  of 
the  amendment  will  suggest  itself  to  every 
mind. 

The  question  was  taken,  and,  on  a  division, 
the  amendment  was  not  agreed  to, — ayes,  10 — 
noes,  10. 

Mr.  DeLONG.  I  move  that  the  section,  as 
now  amended,  be  adopted. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

RELIGIOUS   toleration. 

Section  4  was  read,  as  follows  : — 

Section  i.  The  free  exercise  and  enjoyment  of  re- 
ligious profession  and  worship,  without  discrimination 
or  preference,  shall  forever  be  allowed  in  this  State; 
;  and  no  person  shall  be  rendered  incompetent  to  be  a 
TOtness  on  account  of  his  opinions  on  matters  of  re- 
hgious  belief;  but  the  hberty  of  conscience  hereby 
secured  shall  not  be  so  construed  as  to  excuse  acts  of 
hcentiousness,  or  justify  practices  inconsistent  with 
the  peace  or  safety  of  this  State. 

Mr.  COLLINS.  I  will,  state  that  we  have 
had  before  us  an  ordinance  drawn  by  authority 
of  the  Enabling  Act,  which  embodies  the  samt 
general  principles  in  regard  to  religious  liberty 
and  toleration.  It  appears  to  me  to  be  entirely 
unnecessary,  therefore,  to  incorporate  this  in 
the  Constitution  itself.  I  do  not  see  that  il 
will  add  any  strength  or  force  whatever  to  the 
Constitution,  or  to  the  principles  set  forth  in 
this  section. 

Mr.  DeLONG.  It  shuts  up  the  bars,  though, 
against  polygamy. 

Mr.  BANKS.     It  seems  to  me  that  wherever 
else  this  provision  belongs,  it  ought  certainly 
i  to  be  here,   in    the   regular    order    of  const, - 
tutional  arrangement.     That  ordinance  is  some- 
thing which  we  are  not  likely  to  be  very  fa- 
miliar with  in  the  examination  of  the  Consti 
tution,  but  as  it  seems  to  have  been  required 
separate  and  apart   from  the  Coustitutiou,  it 
:  may  be  well  to   pass  it  separately,  as  an  ordi- 
I  nance  ;  but,  at   the  same   time,  it  seems  to  m  ■ 
;  very  well  to  pass  this  provision  in  this  secii(jn 
just  as  it  is,  in  the  regular  order  of  arrange- 
ment. 

Mr.  BROSNAN.  There  is  a  further  reason 
why  it  should  be  retained,  and  that  is,  there  is 
a  provision  here  in  relation  to  the  competency 
of  witnesses,  and  also  a  prohibition  of  acts  ol 
licentiousness,  etc.,  neither  of  which  are  pro- 
'  vided  for  in  the  ordinance  referred  to. 
I  ,Mr.  CHAPIN.  I  do  hope  the  section  will 
pass  as  it  is. 


The  question  was  taken  on  the  adoption  of 
the  section,  and  it  was  adopted. 

habeas  corpus. 

Section  5  was  read,  as  follows  : — 

Sec.  5.  The  privilege  of  the  wi-it  of  habeas  corpus 
shall  not  be  suspended,  unless  when,  in  cases  of  rebel- 
lion or  invasion,  the  pubHc  safety  may  requii'e  its  sus- 
pension. 

Mr.  PROCTOR.  I  have  an  amendment  to 
ofler.  I  move  to  add  to  the  section  these 
words :  "  and  then  only  by  the  Legislature,  who 
shall  be  the  judges  of  that  necessity." 

Several  voices — "  No.  no  !" 

The  PRESIDENT.  The  amendment  is  not 
seconded. 

No  other  amendment  being  proposed,  the 
question  was  taken  on  the  adoption  of  the  sec- 
tion, and  it  was  adopted. 

Section  6  was  read,  as  follows: — 

Sec.  6.  Excessive  bail  shall  not  be  required,  nor  ex- 
cessive fines  imposed,  nor  shah  cruel  nor  unusual  jjun- 
ishment  be  inflicted,  nor  shall  witnesses  be  unreason- 
ably detained. 

No  amendment  being  offered,  the  section  was 
adopted. 
Section  7  was  read,  as  follows  : — 

Sec.  7.  All  persons  shall  be  bailable  by  sufficient 
sureties ;  unless  for  capital  offenses,  when  the  proof  is 
evident  or  the  presumption  great. 

No  amendment  being  proposed,  the  section 
was  adopted. 

the  grand  jury  system. 

Section  8  was  read,  as  follows  : — 

Sec.  8.  No  person  shall  be  held  to  answer  for  cap- 
ital or  otherwise  infamous  crime,  (except  in  cases  of 
impeachment,  and  in  cases  of  the  militia  when  in  ac- 
tual service,  and  the  land  and  naval  forces  in  time  of 
war,  or  which  this  State  may  keep,  with  the  consent  of 
Congress,  in  time  of  peace,  and  in  cases  of  petit  lar- 
ceny, under  the  regulation  of  the  Legislature,)  except 
on  ijresentment  or  indictment  of  a  grand  jury;  and  in 
any  trial,  in  any  Court  whatever,  the  party  acLUsed 
shall  be  aUowed  to  appear  and  defend  in  person  and 
with  counsel,  as  in  civil  actions.  No  person  shall  be 
subject  to  be  twice  put  in  jeopardy  lor  the  same  offense ; 
nor  shall  he  be  compelled,  in  any  criminal  case,  to  be 
a  witness  against  himself,  nor  be  deprived  of  life,  lib- 
erty, or  property,  without  due  process  of  law ;  nor  shall 
private  property  be  taken  for  public  iise  without  just 
compensation  having  been  first  made  or  secured,  ex- 
cept in  cases  of  war,  riot,  fire,  or  great  pubUc  peril,  in 
which  case  compensation  shall  be  afterwards  made. 

Mr.  NOURSE.  I  wish  to  inquire  as  to  the 
effect  of  that  first  clause.  It  would  seem  that 
that  might  shut  out  the  authority  for  binding 
over  by  a  justice  by  a  preliminary  examination, 
and  yet  my  recollection  is  that  it  is  the  word- 
ing of  the  Constitution  of  the  United  States. 
If  so,  it  is  all  right. 

Mr.  DeLONG.  It  is  the  language  of  the 
California  Constitution. 

Mr.  NOURSE.    I  guess  we  can  trust  it,  then. 

Mr.  FITCH.  I  would  like  to  inquire  in  what 
portion  of  the  Territory — I  ask  for  information 
— we  are  likely  to  And  men  engaged  in  the 
'■  naval  forces  of  the  United  States." 

Several  voices — "Carson  river!"  "King's 
Canon!"  "Humboldt  Lake!"  "  Lake  Tahoe  I" 
[Laughter.] 


60 


DECLARATION  OF  RIGHTS. 


[3d  day. 


Wednesday.] 


FrrcH — Proctor— DeLoxg — Noirsk — Banks — Johnson. 


[July  6. 


Mr.  FITCH.     Oh !  I  did  not  know  ;  I  simply  I 

inquired  for  information.     There  might  possibly  | 
be  naval  forces  over  in  Humboldt  or  Lauder, 
Bomewhere.     [Laughter.] 

Mr.  PROCTOR.  I  offer  the  following  as  a  ' 
substitute  for  Sectioa  8  : —  ' 

Sec.  8.  All  crimiual  offenses  (except  in  cases  of  Im- 
peachment, and  in  cases  of  the  mihtia  when  in  actual  I 
service,  and  the  land  and  naval  forces  in  time  of  war, 
or  which  this  State  may  keep,  wtli  the  consent  of  Con- 
gress, in  time  of  peace,  and  in  cases  of  petit  larceny 
and  o^her  offenses  as  may  be  regulated  by  the  Legisla- 
ture,) shall  be  tried  upon  written  complaint  or  accusa- 
tion to  be  made  by  the  prosecuting  attorney  of  the  re- 
spective counties  of  this  State,  without  the  interven- 
tion of  a  Grand  Jury,  iinless  the  Legislature  shall 
otherwise  provide.  Laws  shall  be  enacted  to  regulate 
the  proceeding  and  to  give  effect  to  this  pro^^sion. 
And  in  any  trial  in  any  court  whatever,  the  party  ac- 
cused shall  be  allowed  to  appear  and  defend  in  person 
and  with  counsel,  as  in  civil  actions.  No  person  shall 
be  subject  to  be  twice  put  in  jeopardy  for  the  same  of- 
fense ;  nor  shall  he  be  compelled,  in  any  crimiual 
case,  to  be  a  witness  against  himself,  nor  be  deprived 
of  life,  liberty,  or  property,  without  due  jirocess  of  law; 
nor  shall  private  property  be  taken  for  public  use 
without  just  compensation  having  been  first  made  or 
secured. 

That  section  embodies  the  substance  mainly 
of  the  oriijinal  section,  with  the  exception  of  do- 
ing away  with  the  grand  jury  system.  Whilst 
innovations  on  the  jury  system  seem  to  be  the 
order  of  the  day,  and  as  it  has  been  a  question 
in  my  mind  for  many  years  whether  grand  ju- 
ries should  not  be  abolished,  I  have  thought 
proper  to  introduce  this  amendment.  I  may 
state,  from  my  own  experience  in  regard  to  the 
jury  system,  that  the  burdens  of  taxation  im- 
posed upon  counties  in  this  Territory,  and  in 
California,  have  arisen  mainly  from  the  extra- 
ordinary manner  of  trying  cases  before  a  grand 
jury.  It  seems  to  me,  therefore,  that  some 
amendment  of  that  kind  ought  to  be  adopted, 
or  that  the  experiment  should  be  tried,  at  least, 
if  we  are  disposed  to  change  the  jury  .system 
at  all.  For  that  reason  I  have  submitted  the 
amendment  for  the  consideration  of  the  Con- 
vention, but  I  do  not  propose  to  argue  it. 

The  question  was  taken,  and  tlie  amendment 
was  not  asretd  to. 

SECURITY    FOR    PRIVATE    PROPERTY. 

Mr.  DeLONG.  I  wish  to  call  attention  lo 
one  thing  in  the  last  few  lines  of  this  section. 
It  says : — 

"  Nor  shall  private  property  be  taken  for  public  use 
without  jnst  coniijensation  having  been  first  made  or 
secured,  except  in  cases  of  war,  riot,  fire,  or  great 
public  peril,  in  which  case  compensation  shall  be  after- 
wards made." 

We  can  easily  imagine  a  case  where  it  is  es- 
sentially necessary  for  the  public  good  that 
private  property  should  be  taken  for  pul)lic 
u.se,  and  yet  the  party  owning  it  might  refuse 
to  allow  it  to  be  taken  ;  and  in  that  case  it 
strikes  me  there  should  be  a  sutlicient  guaran- 
tee of  compensation,  If  it  is  taken.  Would  it 
not  be  proper  to  make  use  of  the  words  "  made, 
secured,  or  tendered,"  in^itead  of  as  it  now 
stands,  "  made  or  secured  ?"  I  do  not  sec  how 
it  could  be  "  secured,"  although  I   can  see 


how  it  might  be  "  tendered."  I  will  move  to 
amend,  so  that  it  will  read  ••  made,  secured,  or 
tendered." 

Mr.  NOURSE.  I  think  the  Constitution  of 
the  United  States  has  that  language. 

Mr.  DeLONG.  I  do  not  think  it  has  the 
word  '■  secured."  The  language  of  our  Con- 
stitution is  different  from  that  of  the  Constitu- 
tion of  the  United  States  in  this  respect.  The 
Constitution  of  the  United  States  reads:  "Nor 
shall  private  property  be  taken  for  public  use 
without  just  compensation  " — and  stops  there. 
This  Constitution,  going  on  from  that  point, 
reads,  "  having  been  first  made  or  secured." 
All  that  is  additional  to  the  language  in  the 
United  States  Constitution,  and  if  we  insist 
upon  retaining  that  additional  language,  thus 
altering  the  sense  of  the  clause,  I  would  sug- 
gest that  it  would  be  better  to  use  the  lan- 
guage "  having  been  first  made,  secured,  or  ten- 
dered," so  as  to  prevent  any  party  from  with- 
holding the  property  until  he  obtains  the  se- 
curity. 

Mr.  CHAPIN.    I  second  that  motion. 

Mr.  NOURSE.  I  think  we  had  better  amend 
it  so  as  to  make  our  Constitution,  wherever  we 
can,  like  a  Constitution  which  has  been  already 
adjudicated  authoritatively.  I  would  like  to 
strike  out  the  words  "  having  been  made  or  se- 
cured," altogether. 

Mr.  BANKS.  I  would  object  very  much  to 
that  amendment,  because  it  has  been  decided 
in  California  that  the  security  must  be  made 
before  the  transfer,  and  we  know  how  improve- 
ments have  been  kept  back  by  that  decision.  I 
hope  that  the  idea  suggested  by  the  gentleman 
from  Yuba,  or  rather  the  gentleman  from  Vir- 
ginia, [a  laugh]  will  prevail,  and  that  we  shall 
adopt  the  words  "  made,  secured,  or  tendered  ;" 
so  that  it  will  beheld  sufficient  to  either  secure 
the  compensation  to  a  party,  or  to  tender  him 
compen,«ation. 

[.Mr.  Collins  in  the  Chair.] 

Mr.  JOHNSON.  We  have  already,  in  pur- 
suance of  the  Enabling  Act,  adopted  the  Con- 
stitution of  the  United  States.  Now,  the  in- 
quiry I  am  going  to  make  is,  whether  it  would 
not  be  an  inconsistent  act  on  our  part  to  incor- 
porate or  to  interpolate  language  in  the  Bill 
of  Rights  which  is  seemingly  at  variance 
with  the  language  employed  in  the  Con- 
stitution of  the  United  States.  Tf  it  imports 
anything  more  than  the  language  contained 
in  the  Constitution  of  the  United  States,  we 
have  no  right  to  place  it  there;  if  it  means  noth- 
ing more,  then  it  is  unnecessary.  Therefore,  my 
opinion  is,  that  we  should,  in  this  relation,  use 
simply  the  language  contained  in  the  Consti- 
tution of  the  United  States.  For  that  rea- 
son. 1  am  advcr.se  to  the  addition  proposed 
by  the  amendment,  and,  even  further,  I  am 
in  favor  of  striking  out  the  additional  words 
already  there,  and  leaving  the  language  ex- 
actly as  contained  in  the  Constitution  of  the 
United  States. 

Mr.  DeLONG.    I  disagree  with  my  friend. 


3d  day.] 


DECLARATION  OF  RIGHTS. 


61 


Wednesday,] 


DeLong — NouRSE — Hawlet. 


[July  6. 


the  President,  in  this.  In  passing  that  resolu- 
tion adopting  the  Constitution  of  the  United 
States,  we  did  not  adopt  the  Constitution  of 
the  United  States  as  our  Constitution.  All  we 
did  by  that  act  was  simply  this  :  we  adopted  it 
so  far  as  to  make  it  the  paramount  law  of  the 
land — so  far  as  to  signify  our  willingness  that 
in  case  there  should  be  anything  in  our  Con- 
stitution which  conflicts  with  the  Constitution 
of  the  United  States,  then  our  Constitution 
shall  yield,  and  the  Constitution  of  the  United 
States  shall  govern.  But  to  say  that  we  adopt 
it  as  our  Constitution,  would  be  incorrect.  We 
have  no  right  to  adopt  anything  at  all  as 
our  State  Constitution,  but  only  to  prepare  a 
Constitution  to  submit  to  the  people.  But 
that  Constitution  must  not  be  at  variance  with 
the  Constitution  of  the  United  States,  which 
says  that  private  property  shall  not  be  taken 
for  public  use  without  just  compensation  there- 
for. We  can  easily  imagine  a  case,  when  in 
time  of  war  or  public  peri),  or  even  in  time  of 
peace,  there  may  arise  a  necessity  for  the  ap- 
propriation of  private  property  for  public  pur- 
poses— a  case  which  may  happen  unforeseen  ; 
as,  for  instance,  the  taking  of  building  lots  on 
the  line  of  streets  in  a  city,  for  the  purpose  oi 
a  public  improvement,  which  would  benefit  noi 
only  the  public,  but  even  the  owners  themselves. 
The  owners  of  such  lots,  conceiving  that  they 
had  an  advantage,  might  stubbornly  refuse  tu 
sell  without  receiving  an  immense  compensa- 
tion, entirely  inordinate  in  its  amount.  In 
such  a  case  I  think  it  would  be  a  sufficient 
guarantee  of  the  man's  rights,  if  he  would  tak< 
such  an  advantage  of  the  public  necessities,  to 
have  the  money — an  amount  sufficient  to  be  h 
fair  compensation — tendered  to  him.  Then,  if  h( 
refuses  to  accept  the  tender,  what  is  the  result? 
He  brings  his  suit,  or  presents  his  bill  for  reliet 
from  the  State,  and  the  jury,  or  the  Legislature, 
as  the  case  may  be,  will  assess  and  determine 
the  value  of  the  property,  and  if  they  find  thai 
he  was  tendered  as  much  as  it  was  worth,  hf 
will  be  obliged  to  take  the  money  and  pay  all 
the  costs  ;  and  if  they  find  that  the  tender  wa> 
too  little,  they  will  award  him  the  additional 
amount,  and  the  costs  with  it.  I  think  thert 
is  more  danger  of  an  individual  taking  advan- 
tage of  the  Government  when  he  has  an  oppor- 
tunity, than  of  the  Government  taking  advan- 
tage of  an  individual.  I  can  see  nothing  in 
conflict  with  the  language  we  propose  to  use, 
in  the  Constitution  of  the  United  States. 

I  think  there  is  a  case  in  Peters'  Reports  in 
which  the  same  decision  was  made  as  has  been 
made  in  California— that  the  compensation  had 
to  be  made  first,  before  the  property  could  be 
taken.  Now,  if  that  is  the  case,  how  does  it 
work  ?  Why,  public  improvement  is  stopped — 
all  work  is  stopped  by  some  dog-in-the-manger, 
who  cannot  himself  eat,  and  is  bound  not  to 
let  others  eat  if  he  can  prevent  it.  He  cannot 
eat  the  property,  and  he  will  not  let  the  Gov- 
ernment have  it  until  they  first  make  compen- 
sation.   Now  a  tender  is  not  compensation. 


Perhaps  the  Government  agents  and  the  owner 
cannot  agree,  and  they  have  to  condemn  the 
property  under  the  right  called  "  eminent  do- 
main," which  exists  in  the  Government— the 
right  to  condemn  property  for  public  use  in 
case  an  individual  refuses  to  sell  or  give  pos- 
session of  it. 

We  had  an  illustration  of  this  subject  in  Cal- 
ifornia, in  the  case  of  the  grounds  around  the 
State  Prison.  Estell  and  the  old  managers  of 
that  concern  bad  succeeded  in  selling  to  the 
Government  a  tract  of  land  encircled  within  an 
area  of  land  owned  by  themselves,  which  they 
had  reserved  from  the  sale.  They  then  built 
the  walls  of  the  prison  partly  on  the  Gov- 
ernment property  and  partly  on  their  own, 
and  having  got  what  they  wanted,  what  did 
they  do  but  set  to  work  and  enjoin  the  Govern- 
ment, and  they  refused  to  allow  a  thing  to  be 
done  till  compensation  was  first  made.  A 
tender  of  a  reasonable  amount  did  not  relieve 
the  matter,  and  everything  had  to  be  held  in 
abeyance,  until  finally  the  State  was  compelled 
to  submit  to  all  the  exactions  of  those  men. 
Not  a  thing  could  be  done  upon  the  work  until 
<uch  time  as  a  jury  could  as.sess  and  award  the 
damages  and  those  men  were  satisfied.  I 
should  not  like  to  see  the  State  of  Nevada  get 
-uto  such  a  fix  as  that,  and  I  think  that  when 
tender  is  made,  if  the  party  refuses  to  take  it, 
the  State  should  be  allowed  to  go  on  and  use 
the  property  the  same  as  one  man  migbt  that 
of  auotber  in  certain  cases.  The  party  could 
(hen  bring  his  action,  if  the  case  is  that  of  a 
inunicipal  corporation,  or  the  like,  or  his  claim 
lefore  the  Legislature  for  relief,  if  his  prop- 
■rty  has  been  taken  by  the  State,  and  then  jus- 
tice could  be  done. 

Mr.  NOURSE.  It  seems  to  me  that  the 
insertion  of  the  word  "  tendered  "  will  not 
remedy  the  fault  which  the  gentleman  seeks  to 
remedy ;  if  it  is  made  to  read,  "  made,  secured, 
or  tendered,"  then  the  question  would  be,  what 
would  be  considered  a  good  tender  ?  Would 
it  be  sufficient  to  tender  a  certain  amount  for 
du  unascertained  debt?  And  if  the  tender 
s  good  before  the  amount  is  ascertained,  then 
you  could  give  security  before  the  amount  is 
iscertained.  But  my  impression  is  that  we 
■annot  provide  for  giving  security,  nor  for  a 
tender,  until  the  amount  is  ascertained  to  be 
tendered,  or  to  be  secured.  I  do  not  think  we 
can  improve  the  wording  of  the  Constitution 
of  the  United  States  in  this  matter,  upon  which 
laws  have  been  based,  and  upon  which  deci- 
sions have  so  often  been  rendered.  I  should 
rather  trust  to  that  wording  than  to  make  a 
new  wording,  and  for  that  reason  I  am  in  favor 
of  retaining  the  language  as  it  is  in  the  Consti- 
tution of  the  United  States. 

Mr.  HAWLEY.  I  would  merely  remark,  to 
use  the  language  of  common  pleading,  that  the 
amendment  offered  by  the  gentleman  from 
Storey,  (Mr.  DeLong),  is,  to  say  the  least, 
vague,  unintelligible,  and  uncertain.  For  if  we 
provide  that  no  property  shall  be  taken  for 


62 


DECLARATION  OF  RIGHTS. 


[3d  day 


Wednesday.] 


Johnson — Nourse — Banks — DeLong. 


[July  6. 


public  use  unless  just  compensation  has  been 
first  "'made,  tendered,  or  secured,"  we  leave  the 
question  open  as  to  who  that  tender  is  to  be 
made  by.  That  matter,  I  think,  could  more 
appropriately  be  attended  to  by  the  Legisla- 
ture. The  language  proposed  does  not  settle 
the  question  at  all,  and  I  thinli  myself  we  could 
hardly  employ  any  better  language  by  which 
the  Legislature  is  to  be  governed  in  tbis  mat- 
ter than  that  of  the  Constitution  of  the  United 
State-s.  Therefore,  I  hope  that  the  words  "hav- 
ing been  first  made  or  secured."  will  be  stricken 
out,  and  I  will  move  to  add  instead,  these 
words: — 

And  the  Legislature  of  the  State  of  Nevada,  at  its 
first  regular  session,  shall  prescribe  the  means  hy  and 
the  terms  on  which  firivate  property  shall  be  taken  for 
public  use. 

Mr.NOURSE.  I  would  like  to  hear  that 
amendment  again.  If  it  covers  the  ground,  I 
will  accept  it. 

The  SECRETARY  read  the  amendment. 

Mr.  JOHNSON.  From  all  I  have  heard,  I 
am  constrained  still  to  entertain  the  same 
views  which  I  have  before  presented  to  the 
Committee.  Now,  sir,  I  recognize  the  public 
necessity  which  exists,  in  many  cases,  for  the 
taking  of  private  property  for  public  use.  I 
know  that  instancfs  of  such  necessity  occur 
frequently  in  our  Territory.  But  my  objection 
goes  further.  As  I  before  said,  if  this  clause 
means  more  than  the  Constitution  of  the  Uni- 
ted States  implies,  we  have  no  right  to  put  it 
there.  To  us  is  not  given  the  power  of  amend- 
ing the  Constitution  of  the  United  States ; 
such  is  not  the  purpose  for  which  we  are  con- 
vened. I  repeat,  that  if  the  clause  is  meaning- 
less, it  is  unnecessary  to  place  it  there.  We 
ought  not  to  cumber  our  fundamental  law  with 
meaningless  and  useless  verbiage.  My  prop- 
osition is  this,  that  if  the  Constitution  of  the 
United  Statesdoes  not  give  to  the  public  author- 
ities, municipal  or  State,  the  power  of  taking 
private  property  for  their  own  u'e  without  first 
making  conipi'nsation,  then  it  is  not  competent 
for  tbis  Convention  to  interpolate  words  in  the 
State  Constitution  which  will  give  tbem  the 
power  of  doing  so  by  securing  the  payment  of 
the  valuation  of  such  property.  It  is  giving  a 
judicial  construction  not  intended.  By  inter 
poiating  these  words  in  our  Constitution,  we 
as-ume  authority  which  legitimately  belongs  to 
the  judicial  power.  We  have  already  declared 
that  the  Constitution  of  the  United  States  is 
the  supreme  law  of  the  land,  and  if  it  is  para- 
mount, as  we  have  already  enunciated,  if  it  (!X- 
ceeds  in  jurisdictional  power  the  Constitution 
we  are  proceeding  to  frame,  then,  unquestion- 
ably, wlienever  the  question  arises  in  tlie  courts, 
they  will  have  to  give  such  construction  as  will 
conform  with  the  Federal  Constitution.  If  the 
Constitution  of  the  United  States  conflicts  with 
the  Constitution  of  the  State,  the  latter  must 
yield.  In  that  view  I  do  conceive  that  the 
adoption  of  the  amendment  proposed,   or  of 


any  of  the  amendments  proposed,  is  entirely 
unnecessary  and  useless. 

At  some  proper  time,  if  no  other  member 
proposes  the  amendment,  or  if  it  is  not  already 
pending  among  the  multifarious  amendments 
now  before  the  Committee,  I  will  move  to  strike 
out  that  which  follows  the  word  "  compensa- 
tion,"' and  leave  the  subject  as  we  find  it  in  the 
Constitution  of  the  United  States,  thereby  reserv- 
ing it  as  a  matter  of  judicial  construction,  as  it 
undoubtedly  must  be,  whatever  words  we 
may  employ  in  this  instrument.  I  hope  all  the 
amendments  will  be  voted  down,  and  that  ac- 
tion will  be  taken  by  the  Convention  which 
will  be  con.sistent  with  its  previous  action, — 
that  we  shall  do  nothing  which  is  obviously  in 
conflict  with  the  Constitution  of  the  United 
States. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  Hawley,  and  it  was  not  agreed 
to. 

The  question  was  next  taken  on  the  amend- 
ment offered  by  Mr.  Nourse,  and  it  was  not 
agreed  to. 

Mr.  NOURSE.  I  wish  now  to  renew  my  mo- 
tion to  amend  the  section,  by  striking  out  the 
words,  "  having  been  first  made  or  secured," 
and  all  thereafter ;  making  the  provision  exact- 
ly like  that  in  the  Constitution  of  the  United 
States. 

Mr.  BANKS.  I  am  convinced  that  we  are 
compelled  to  take  that  course,  much  as  I  might 
desire  to  insert  the  other  words  here  incorpo- 
rated. I  am  satisfied  it  will  be  better  to  avoid 
litigation,  by  adopting  the  language  of  the 
Constitution  of  the  L'nited  States,  which  has 
been  passed  upon  in  the  State  of  California, 
the  decision  there  being  to  the  effect  that  com- 
pensation must  be  made  before  the  citizen  can 
be  divested  of  his  property  right.  That  is  to 
say  that  A,  B,  C,  and  all  the  rest  of  the  twenty- 
six  letters,  can  each  of  them  hold  on  to  his 
property  until  the  compensation  is  made.  Now 
suppose  we  in  this  Constitution  say  that  if 
compensation  is  secured,  that  issuSicient — will 
not  there  then  be  clearly  a  conflict  between  the 
Constitution  of  the  State  of  Nevada,  and  that 
of  the  United  States?  The  latter  would  say 
that  a  citizen  shall  not  be  deprived  of  his 
property  until  a  certain  thing  is  done,  and  the 
former  would  say  that  he  may  be  deprived  of  it, 
when  something  short  of  that  thing  is  done. 
There  will  plainly  be  a  conflict,  and  at  the  very 
least,  the  provision  would  be  more  injurious 
than  beneficial. 

Mr.  DeLONG.  The  Constitution  is  inop- 
erative of  itself,  until  there  is  legislation  ;  it 
looks  to  legislation.  If,  under  such  a  Consti- 
tutional clause,  the  Legislature  goes  on  and 
says  that  private  property  may  be  taken  legit- 
imately for  public  use,  on  the  tender  or  pay- 
ment of  compensation,  all  the  Supreme  Court 
has  to  do  is,  to  examine  and  see  whether  there 
is  a  conflict  or  not  between  the  legislative  en- 
actment and  the  Constitutional  provision.  I 
think  there  is  not,     And  I  think  we  would  be 


3d  day.] 


DECLARATION  OF  RIGHTS. 


63 


Wednesday.] 


NouRSE — DeLong — Banks. 


[July  6. 


placing  a  stumbling-block  in  our  own  way,  if 
we  were  to  say  that  a  man  should  only  be  con- 
sidered as  compensated  when  the  amount  he 
demands  is  actually  paid,  although  in  many 
cases  the  party  may  refuse  to  take  any  price, 
except  an  exorbitant  one,  and  so  the  wheels  of 
progress  must  stop.  I  think  we  can  reach  such 
a  case,  and  it  is  important  to  do  so,  if  we  can. 
I  would  like  to  see  it  remedied  right  here. 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Nourse,  and  on  a  division,  it  was 
not  agreed  to, — ayes,  11  ;  noes,  16. 

No  further  amendment  being  proposed,  the 
section  was  adopted. 

FREEDOM  OF  SPEECH  AND  THE  PRESS. 

Section  9  was  read,  as  follows  : — 
.  Sec.  9.  Every  citizen  may  freely  speak,  WTite  and 
publish  his  sentiments  on  all  subjects,  being  responsi- 
ble for  the  abuse  of  that  right ;  and  no  law  shall  be 
passed  to  restrain  or  abridge  the  liberty  of  speech  or 
of  the  press.  In  all  criminal  prosecutions  and  civil 
actions  for  libels,  the  truth  may  be  given  in  evidence 
to  the  jury;  and  if  it  shall  appear  to  the  jury  that  the 
matter  charged  as  libelous  is  true,  and  was  published 
with  good  motives  and  for  justifiable  ends,  the  party 
shall  be  acquitted  or  exonerated;  and  the  jury  shall 
have  the  right  to  determine  the  law  and  the  fact. 

Mr.  NOURSE.  I  move  to  amend  this  section, 
by  striking  out  that  last  clause — "  and  the  jury 
shall  have  the  right  to  determine  the  law  and  the 
fact."  It  strikes  me  as  being  the  most  absurd 
thing  in  the  world,  that  twelve  men,  drawn 
from  the  different  walks  of  life,  should  be  em- 
powered to  determine  nice  questions  of  law. 
Yon  might  just  as  well  set  an  attorney  to 
mending  a  watch.  By  this  absurd  proposition, 
you  takeaway  the  proper  occupation  of  a  Judge, 
and  leave  him  merely  to  exercise  the  functions 
of  a  chairman  of  a  town  meeting. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

There  being  no  further  amendment,  the  sec- 
tion was  adopted. 

Section  10  was  read,  as  follows  : — 

Sec.  10.  The  people  shall  have  the  right  freely  to 
assemble  together  to  consult  for  the  common  good,  to 
instruct  their  representatives,  and  to  petition  the  Leg- 
islature for  redress  of  grievances. 

No  amendment  being  offered,  the  section  was 
adopted. 

EQUAL  PRIVILEGES  AND  IMMUNITIES. 

Section  11  was  read,  as  follows  : — 

Sec.  11.  The  Legislature  shaU  not  grant  to  any  cit- 
izen, or  class  of  citizens,  privileges  or  immunities, 
which,  upon  the  same  terms,  shall  not  equally  belong 
to  all  persons. 

Mr.  DeLONG.  I  ask  some  gentleman  who 
understands  this  section,  to  explain  it.  It  is 
entirely  new  to  me,  although  I  have  compared 
this  Constitution  with  the  Constitution  of  Cal- 
ifornia.    Let  us  consider  it  a  moment — 

The  Legislature  shall  not  grant  to  any  citizen,  or  class 
of  citizens,  privileges  or  immunities,  which,  upon  the 
same  terms,  shall  not  equally  belong  to  aU  persons. 

I  want  to  know  if,  under  that  provision,  the 
Legislature  can  pass  a  toll-road  franchise,  or 
ftuthorize  the  construction  of  a  bridge,  by  cer- 


tain parties,  and  then  pass  an  act  prohibiting 
other  parties  from  building  a  road  or  bridge  a 
certain  distance  from  them  ?  I  think  they  can- 
not, under  this  section,  and  the  consequence 
would  be.  that  you  could  have  none  of  those 
improvements.  A  man  would  have  no  guar- 
antee that  the  moment  bis  bridge  is  built,  or 
his  road  completed,  another  bridge  or  road  will 
not  be  constructed,  right  by  his  side.  The  pro- 
vision is  entirely  new  to  me,  and  I  confess  that 
I  do  not  understand  its  object.  I  move  to 
strike  out  the  section. 

■Mr.  NOURSE.  I  understand  that  the  object 
of  the  section  is.  to  prevent  such  disgraceful 
proceedings  as  occurred  in  the  last  Legislature. 
(I  hope,  if  there  are  any  members  of  that  body 
here,  they  will  not  take  offence.)  We  then  pro- 
ceed to  provide,  by  general  laws,  for  the  forma- 
tion of  corporations,  and  to  establish  the  rights 
of  corporations,  instead  of  allowing  the  Legis- 
lature to  grant  special  favors  and  valuable 
privileges  to  Tom,  Dick,  and  Harry.  I  must 
say  that  I  approve  of  the  section.  It  may  cut 
down  the  rights  and  privileges  of  the  Legisla- 
ture ;  I  know  it  is  open  to  that  charge  ;  but  it 
is  simply,  as  it  seems  to  me.  a  prohibition  of 
special  legislation — that  you  shall  not  grant  to 
John  Smith  and  his  associates,  a  charter  to 
build  a  road  here  or  there,  but  you  may  pass  a 
general  act,  providing  that  persons  who  wish, 
may  incorporate  so  and  so,  and  thereupon,  if 
you  choose,  may  have  the  right  of  wny  across 
private  property — may  have  the  power  to  have 
it  condemned  to  their  own  use  by  such  course 
as  may  be  prescribed  by  the  Legislature  ;  leav- 
ing the  whole  thing  open  to  public  competition, 
and  not  tied  up  to  any  right  given  specially, 
and  irrevocably,  to  any  favored  corporation, 
like,  for  example,  the  Camden  and  Amboy  Rail- 
road in  New  Jersey.  That  is  just  such  a  mo- 
nopoly as  we  desire  to  guard  against  here.  I 
do  not  know  as  the  section  is  drawn  in  the  best 
manner,  but  I  should  be  sorry  to  see  our  Con- 
stitution go  out  from  our  hands  without  some 
such  clause  contained  in  it. 

Mr.  BANKS.  I  should  perfectly  agree  with 
the  gentleman  from  Washoe,  but  for  another, 
and  more  explicit  section  in  this  instru'''ent, 
which  is  Section  20.  of  Article  IV,  in  which 
are  enumerated  certain  things,  in  relation  to 
which  the  Legislature  shall  not  pass  local  or 
special  laws.  It  seems  to  be  the  intention  to 
provide  against  this  class  of  dansrorous  lesrisla- 
tion  in  that  section,  and  it  occurs  to  me  that  if 
we  adopt  the  section  under  consideration,  we 
go  too  far,  leaving  it,  perhaps,  dangerously 
vague  and  indefinite.  I  think  we  had  better 
leave  this  matter  for  Article  IV,  and  in  that, 
provide  against  just  such  things  as  we  desire 
to  exclude  from  special  legislation.  I  hope  the 
section  will  be  stricken  out. 

Mr.  DeLONG.  Section  1.  of  Article  VIII, 
provides  against  the  same  class  of  laws  which 
the  gentleman  speaks  of.     It  says  : — 

The  Legislature  shall  pass  no  special  act  in  any  man- 
ner relating  to  corporate  powers,  except  for  municipal 


64 


DECLARATION  OF  RIGHTS. 


[3d  day. 


Wednesday,] 


NoiRSE — Earl — DeLoxg— Ball — Johnson". 


[July  6. 


purposes,  but  corporations  may  be  formed  under  gen- 
eral laws,  and  all  such  laws  may,  from  time  to  time,  be 
altered  or  repealed. 

Now  I  submit  that  there  is  not  a  man  in  this 
room  that  can  tell  what  this  section,  which  we 
are  considering,  means,  to  save  him.  It  is  a 
clause  which  cannot  be  found,  word  nor  line. 
in  the  Constitution  of  California,  and,  I  ven- 
ture to  say.  in  no  other  Constitution  in  the 
world.  I  do  not  know  what  it  means.  It 
says : — 

The  Legislature  shall  not  grant  to  any  citizen,  or  class 
of  citizens,  pri%'ileges  or  immunities  which,  upon  the 
same  terms,  shall  not  equally  belong  to  all  persons. 

I  never  knew  or  heard  that  they  had  passed 
any  such  acts,  upon  any  such  terms,  except  that 
when  the  franchise  expired  it  should  revert  to 
the  State.  Those  are  the  only  terms  I  ever 
knew  of.  But  this  would  seem  to  imply  that 
franchises  were  to  be  bought,  as  they  were  in 
the  days  of  Henry  IV,  when  a  valuable  part  of 
the  State's  rights  was  the  sale  of  franchises. 

Mr.  NOURSE.  I  am  willing  to  strike  it  out ; 
I  had  not  looked  over  those  other  clauses. 

Mr.  EARL.  I  think  the  section  is  designed 
to  leave  all  these  privileges  and  immunities 
equally  open.  For  instance,  if  I  desired  to 
build  a  toll-road  alongside  of  another,  I  have 
that  privilege  ;  or  to  place  a  ferry  within  a 
given  distance  of  another  ferry  ;  or  a  store,  if 
you  please,  alongside  of  another  man's  store. 
It  is  certainly  a  correct  idea.  We  have  seen 
in  California  the  detriment  of  this  special  leg- 
islaiion.  We  there  find  that  a  ferry  cannot  be 
established  within  one  mile  of  another  ferry, 
nor  a  road  within  a  certain  distance  of  another 
road.  Those  things  should  be  left  equally 
open  to  competition,  as  we  leave  the  compe- 
tition of  farm  against  farm,  or  merchant  against 
merchant.  We  want  roads,  and  bridges,  and 
ferries,  and  we  need  not  fear  but  that  people 
will  build  them,  if  they  are  allowed  to  do  so 
and  there  is  a  public  necessity  for  them.  No 
man  will  invest  his  capital  unless  he  thinks  it 
is  going  to  be  a  good  investment,  and  if  there 
is  already  one  good  road  made,  he  will  not  be 
so  foolish  as  to  build  another  alongside  of  it, 
and,  if  he  does,  the  public  will  have  the  advan- 
tage of  cheap  tolls.  I  should  regret  very 
much  to  have  the  section  stricken  out.  It 
seems  to  me  clear  in  its  meaning,  and  I  think  I 
can  very  readily  understand  it.  It  prohibits 
the  Legislature  from  granting  to  one  citizen  or 
class  of  citizi'ns  privileges  or  immunities  which 
are  not  equally  open  to  all  other  citizens.  That 
is,  if  one  man  is  allowed  to  build  a  road  or  a 
bridge,  anotner  must  be  allowed  to  do  the 
same.  I,  for  one  want  to  see  that  section  re- 
tained. 

Mr.  NOURSE.  1  only  want  to  say  that  while 
my  ideas  in  regard  to  such  a  provision  remain 
unchanged,  still,  in  my  opinion,  it  is  better  to  j 
place  it  in  that  part  of  the  Constitution  which  ! 
limits  the  powers  of  the  Legislature  ;  though  | 
I  do  not  think  there  is  anything  now  in  that, 
article  which  covers  the  ground.    I  shall  vote  j 


to  strike  it  out  here,  with  a  view  to  inserting 
it  in  its  proper  place. 

Mr.  DeLONG.  We  certainly  do  not  want  it 
in  the  Declaration  of  Rights. 

Mr.  BALL.  If  I  recollect  aright,  this  section 
was  introduced  in  the  old  Convention  at  the 
time  the  Bill  of  Rights  was  reported,  not  know- 
ing then  what  provision  would  be  made  in  the 
subsequent  articles  of  the  Constitution.  It 
was  an  inadvertence,  I  think,  on  the  part  of 
the  Convention  not  to  strike  it  out  here,  since 
it  is  provided  for  in  other  sections. 

Mr.  EARL.  Now  it  strikes  me  that  this  pro- 
vision is  certainly  in  its  proper  place,  among 
the  declarations  of  rights.  It  is  a  right  which 
I  have,  and  you  have,  and  every  individual  has, 
to  make  roads  to  travel  on,  or  other  improve- 
ments of  a  puljlic  nature.  I  think  the  provision 
is  in  the  proper  place,  and  if  it  is  obnoxious  in 
its  form,  let  gentlemen  amend  it.  Now  is  the 
proper  time. 

Mr.  JOHNSON.  I  well  remember  the  cir- 
cumstances under  which  this  section  was  intro- 
duced. It  was  offered  by  a  very  worthy  gen- 
tleman, now  no  more,  who  found  it,  I  believe, 
incorporated  in  the  Constitution  of  Kansas, 
and  thought  there  was  some  merit  in  it.  I  re- 
fer to  Judge  Ralston.  He  was  one  of  a  com- 
mittee of  which  I  had  the  honor  to  be  Chair- 
man, and  the  provision  was  the  subject  of  con- 
siderable discussion  in  committee,  and  finally 
it  was  acceded  to  by  the  other  members,  in 
order  to  make  the  report  unanimous.  It  was 
introduced,  and  it  was  deemed  to  have  sufficient 
merit  to  receive  the  indorsement  of  the  Conven- 
tion at  a  time  anterior  to  the  action  of  the 
committee  to  which  had  been  intrusted  the 
subject  matter  of  incorporations,  and  long  be- 
fore any  action  of  the  Convention  on  that  sub- 
ject matter.  It  will  be  found,  I  think,  by 
referring  to  the  article  in  relation  to  cor- 
porations, that  there  is  matter  sufficiently  pro- 
hibitory in  that  article  to  guard  against  the 
evils  which  the  gentleman  has  foreshadowed, 
even  if  we  strike  out  the  section  now  under 
consideration.  The  prohibitory  matter  which 
I  refer  to  will  be  found  in  Section  1  of  that 
Article,  which  I  believe  has  already  been  read. 
It  says: — 

Sec.  1.  The  Legislature  shall  pass  no  special  act 
in  any  manner  relating  to  corporate  powers,  except 
for  municipal  purposes;  but  corporations  may  be 
f  )rmed  under  general  laws;  and  all  such  laws  may, 
fi'om  time  to  time,  be  altered  or  repealed. 

This  section,  coupled  with  the  other  pro- 
visions in  Article  IV,  the  guards  and  restric- 
tions which  are  thrown  around  the  Legislative 
Department,  cover,  I  think,  the  entire  ground. 
It  may  V)e  said,  perhaps,  that  I  am  anticipating 
the  action  of  the  Convention,  in  foreshadowing 
what  may  be  their  wish  as  to  continuing  those 
restrictions  and  guards  which  the  old  Conven- 
tion deemed  it  necessary  to  incorporate  in  the 
Constitution  ;  but,  be  that  as  it  may,  we  have 
it  in  our  power  to  retain  those  beneficial  pro- 
visions relating  to  the  Legislative  Department, 
as  well  as  that  which  I  have  read,  contained  in 


3d  day.] 


DECLARATION   OF  IlIGHTS. 


65 


Wednesday.] 


Bkosnmx — Earl. 


[July  6. 


the  Article  on  Corporations,  and  these,  I  am  |  if  you  please,  that  which  is  secured  by  the  pro- 
sure,  will  prevent  all  the  evils  of  which  gen- 1  visions  of  the  article  touching  municipal  and 
tlemen  seem  to  he  so  apprehensive.  '  other  corporations,  as  contained  in  Section  1,  of 

Now,  sir,  I  defy  any  two  gentlemen  upon  th^t  Article  ;  and  also  the  provisions  in  Section 
the  floor  of  this  Convention  to  give  construe-  i  20  of  the  Article  on  the  legislative  department, 
tions  to  this  section  under  consideration  which  I  think  it  would  be  well  enough  to  retain  those 
shall  completely  agree.  I  do  not  think  any  }  articles,  but  they  do  not  cover  the  whole  ground, 
two  gentlemen  here  can  possibly  agree  in  opin-  j  In  these,  we  should  observe,  are  express  cases, 
ion  as  to  what  it  means.  I  want  nothing  of  \  and  ihe  rule  expressio  unius  est  exclusio  alterius, 
that  kind  in  our  Constitution.  I  want  nothing  1  would  apply.  Insomuch  as  a  recital  of  acts  pro- 
that  is  not  susceptible  of  plain  construction  :  I  hibited  is  made,  of  course  it  is  to  be  understood 
nothing  that  is  not  to  be  comprehended  by  the  i  that  acts  not  prohibited  from  special  legislation 
most  ordinary  mind  ;  and  I  am  sure  that  the  re- !  in  that  recital  are  permitted.  I  think  the  inten- 
tention  of  this  section  will  give  rise  to  contro-  j  tion  is  to  guard  against  the  formation  of  large 
versy  and  discussion  to  an  extent  which  we  can-  monopolies  like  that  which  has  grown  up  in 
not  now  anticipate,  except  that  we  can  clearly  I  California  in  connection  with  navigation,  and  it 
foresee  that  it  will  be  a  troublesome  question  for  would  make  no  difference  whether  the  power 
the  courts.  All  the  restrictions  necessary  to  were  given  to  one  man.  or  granted  to  a  large 
guard  against  the  evils  of  special  legislation  are  j  corporation.  In  my  opinion  it  dees  not  harm 
found  subsequently  in  this  instrument,  and  if  [the  Constitution  to  have  the  section  there, 
the  Convention  will  do  what  accords  with  my  i  although  I  think  the  language  does  not,  with 
judgment,  they  will  retain  those  beneficial  pro- 1  sutficient  clearness,  express  what  is  meant.  If 
visions,  and  thus  avoid  the  evils  apprehended  1  you  strike  out  the  words  "  class  of  citizens,"'  I 
fi'om  special  legislation  ;  but  we  might  work  a  i  think  it  would  be  better.     It  would  then  pro- 


great  injury  and  detriment  to  works  of  internal 
improvement,  to  railroad  enterprises,  if  you 
please,  if  we  should  incorporate  this  section  in 
our  Constitution,  coupled  with  that  which  is 
contained  in  the  article  in  relation  to  corpora- 
tions.   The  section  in  that  article  which  I  have 


vide  that  no  one  citizen  should  have  privileges 
or  immunities  to  which  no  other  citizen  is  en- 
titled. The  provision,  as  I  before  remarked,  was 
put  there  e.i;  industna,  to  guard  against  special 
legislation. 
Mr.  EARL.    I  stand  where  I  did  before  on 


read  goes  as  far,  I  conceive,  as  any  people  in  j  this  question,  because  I  have  seen  the  fruits  of 
this  progressive  age  ought  to  be  willing  to  go  |  granting  privileges  to  these  great  monopolies. 
in  restricting  the  powers  and  operations  of  cor- !  It  is  true,  there  have  been  some  isolated  in- 
porations.    No  power  is  given,  but  on  the  con-  i  stances,  where  monopolies  have  been  a  benefit. 


trary,  it  is  inhibited  to  the  Legislature  to  grant 
special  corporate  powers,  except  for  municipal 
purposes  :  but  by  general   enactments,  provi- 


Where  a  country  is  new,  and  the  development 
of  enterprises  of  a  public  nature  is  much  needed, 
it   may  be  unwise   to   have   a  clause   of  this 


sions  for  the  formation  of  corporations  may  be  j  kind  enforced  in  all  cases  ;  but,  certainly,  I 
placed  upon  the  statute  book,  granting  rights;  think  the  provision,  as  a  general  thing,  is  a  wise 
and  privileges  to  one  as  well  as  to  another.  Un- 1  one,  and  if  gentlemen  do  not  understand  this 
der  such  enactments,  all  persons  will  have  the  !  language,  they  can  amend  it.  Gentlemen  say 
privilege  of  availing  themselves  alike  of  those  j  that  the  prohibition  comes  in  hereafter,  where  the 
provisions  of  law.  That,  I  conceive,  is  quite  i  matter  of  special  legislation  is  regulated,  and 
far  enough  for  us  to  go.  Certainly  it  is  too  far  ;  I  think  there  can  be  no  objection  to  that,  but 
to  go,  to  incorporate  in  this,  our  fundamental  law.  I  this  is  among  the  rights  which  we  wish  to  as- 
language  in  the  construction  of  which  no  two  !  sert ;  and  I,  for  one.  want  it  to  remain  there, 
gentlemen  in  the  Convention  can  be  found  to  and  hope  it  will  not  be  stricken  out. 
agree.  This  uncertainty  of  construction  of  it- '  The  question  was  taken  on  the  motion  to 
self  would  be  a  sufficient  reason  to  induce  me  |  strike  out  the  section,  and  on  a  division,  it  was 
to  vote  in  favor  of  striking  out  the  section.         j  agreed  to — ayes.  IS  :  noes,  not  counted. 

Mr.  BROSNAN.  I  regret  very  much  that  j  Mr.  BROSNAN.  1  give  notice,  that  when  we 
the  state  of  my  health  will  prevent  me  from  I  get  into  Convention,  I  shall  move  to  reinstate  this 
saying  anything  in  extenso  upon  this  subject,  j  section. 

I  do  not  agree  with  some  of  the  gentlemen  who  i      g^^^j^^^  j,  was  read,  as  follows  :- 
nave  spoken,  certamly  not  with  my  friend  who  i     „  „,        .,.  ,   „  ,        ,     ,. 

has  itist  tiken  his  seat  in  vpoird  tn  this ';pptinn  ^^^-  ^^-  ^^^  military  shaU  be  subordinate  to  tlie 
uds  jusi  laKen  nis  seat,  in  i  egara  to  tnis  section,  ^j^^  power.  No  standing  army  shaU  be  maintained  by 
in  the  first  place,  this  subject  is  not  provided  '  this  state  in  time  of  peace,  and  iu  time  of  war  no  ap- 
for  elsewhere  as  it  is  in  the  section  before  us.  propriatiou  for  a  standing  army  shall  be  for  a  longer 
The  section   in  relation  to  corporate   powers  |  time  than  two  years. 


which  has  been  read,  applies  only  to  corpora- 
tions, and  this  was  inserted,  I  take  it,  e.c  Indus-  \ 
tria,  to  prevent  special  legislation,  or  to  prevent ! 
the  passage  of  acts  giving  to  individuals,  pow- 
ers and  privileges  individually,  which  they 
might  exercise  for  a  time  themselves  and  after- 


No  amendment  being  offered,  the  section  was 
adopted. 

Section  13  was  read,  as  follows  : — 


Sec.  13.    No  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  house  without  the  consent  of  the  ow-icr, 
,      ^         ,.        ,  .   ,  ,  , .  nor  in  time  of  war  except  in  the  manner  to  bt  pre- 

wards    transier    to    associates,    thus   evading, .  scribed  by  law. 


66 


DECLARATION  OF  RIGHTS. 


[3d  day. 


Wednesday.] 


JoHXSOX— NouRSE — Earl — Brosnax. 


[July  6. 


No  amendment  being  oflFered,  the  section  was 
adopted. 
Section  14  was  read,  as  follows : — 
Sec.  14.    Kepresentation  shall  be  apportioned  accord- 
ing to  population. 

No  amendment  being  ofiFered,  the  section  was 
adopted. 
Section  15  was  read,  as  follows  : — 
Sec.  15.  The  iirivilege  of  the  debtor  to  enjoy  the 
necessary  comforts  of  life  shall  be  recognized  by  whole- 
some laws,  exempting  a  reasonable  amount  of  jiroperty 
from  seizure  or  sale  for  payment  of  any  debts  or  lia- 
bihties  hereafter  contracted ;  and  there  shall  be  no  im- 
prisonment for  debt,  except  in  case  of  fraud,  and  no 
person  shall  be  imprisoned  for  a  mihtia  fine  in  time  of 
peace. 

No  amendment  being  offered,  the  section  was 

adopted. 

Section  IG  was  read,  as  follows: — 

Sec.  16.    No  bill  of  attainder,  ex-poxt  facto  law,  or 

law  impairing  the  obhgation  of  contracts,  shall  ever  be 


No  amendment  being  offered,  the  section  was 
adopted. 

Section  17  was  read,  as  follows  :— 
Sec.  17.    Foreigners  who  are  or  who  may  hereafter 
become  bona  fide  residents  of  this  State,  .shall  enjoy  the 
same  rights,  in  respect  to  the  possession,  enjoyment, 
and  inheritance  of  property,  as  native-born  citizens. 

No  amendment  being  offered,  the  section  was 
adopted. 

PKOHIBITIOX   OF   SL.4.\'ERY. 

Section  18  was  read,  as  follows  : — 

Sec.  18.  Neither  slavery  nor  involuntary  servitude, 
unless  for  the  punishment  of  crimes,  shall  ever  be  tol- 
erated in  this  State. 

Mr.  JOHNSON.  This,  I  believe,  is  the  same 
language  as  is  employed  in  the  ordinance 
which  we  have  adopted.  I  am  in  favor  of  the 
proposition  ;  but  is  it  not  subject  to  the  same 
objection  which  was  raised  against  the  section 
in  relation  to  religious  toleration?  This  sec- 
tion is,  I  think,  in  words  identical  with  those 
embraced  in  the  ordinance  before  the  Conven- 
tion, and  I  will  call  attention  here  to  the  lan- 
guage which  there  occurs,  so  that  we  may  com- 
pare it  with  this  section  :— 

That  there  shall  be,  in  the  said  State  of  Nevada, 
neither  slavery  nor  involuntary  servitude,  otherwise 
than  for  the  punishment  for  crimes  whereof  the  party 
shall  have  been  duly  convicted. 

This  section  reads  : — 

Neither  slavery  nor  involutary  servitude,  unless  for 
punishment  of  crimes,  shall  ever  be  tolerated  in  this 
ijtate. 

It  is  only  a  transposition,  and  the  verbiage 
is  almost  identical.  I  do  not  sec  the  necessity 
of  having  the  same  matter  in  two  distinct  por- 
tions of  the  Constitution. 

Mr.  NOURSE.  Does  the  gentleman  refer  to 
the  ordinance  proposed  by  Congress?  I  like 
the  wording  of  that  better  than  this  .section, 
and  I  move  that  the  wording  of  that  clause  be 
substituted  for  this  .section- that  is.  the  sub- 
stance of  it.  I  like  the  language  better  than 
this,  a  good  deal.     Then  it  will  read  : — 

There  shall  be  in  this  State,  neither  slavery  nor  in- 


voluntary servitude,  otherwise  than  for  the  punishment 
of  crimes  whereof  the  party  shall  have  been  duly  con- 
victed. 

Mr.  JOHNSON.  I  submit  to  the  considera- 
tion of  the  Convention,  whether  the  ordinance, 
although  it  is  known  by  the  name  of  an  ordi- 
nance— being  one  of  the  terms  and  conditions 
under  which  we  are  authorized  to  form  this 
Constitution — has  not  the  same  binding  force 
and  obligation  as  the  Constitution  itself?  In 
other  words,  whether  it  does  not  become  part 
and  parcel  of  the  Constitution  when  adopted? 

Now.  I  think  it  will  be  found,  by  reference  to 
the  Constitution  of  Kansas,  which  State  came 
in  under  the  provisions  of  a  law  of  Congress 
prescribing  certain  ordinances,  that  in  the 
adoption  of  those  ordinances  they  used  lan- 
guage not  materially  differing  from  that  which 
we  find  in  this  ordinance,  and  I  believe  it  is  not 
repeated  in  any  other  part  of  that  Constitution. 
I  submit,  therefore,  whether  it  is  necessary, 
indeed,  is  it  advisable  for  us  to  incorporate  the 
same  matter  in  the  body  of  our  Constitution 
which  we  have  already  adopted  in  an  ordinance 
which  becomes  a  part  of  the  same  Constitution  ? 
Now.  I  am  in  favor  of  the  proposition  which 
this  section  embodies,  but  I  do  not  want  it 
repeated.  It  is  unnecessary  so  to  do,  since  it 
has  the  same  binding  force  in  that  ordinance  as 
it  would  have  if  found  in  any  other  part  of  our 
fundamental  law. 

Mr.  EARL.  I  may  be  wrong,  it  is  true,  but 
I  understand  that  ordinance  to  be  one  thing, 
and  our  Constitution  quite  another.  The  En- 
abling Act  provides  how  we  are  to  get  up  a 
Constitution,  and  if  we  wish  to  prohibit  slavery 
in  our  Constitution.  I  think  it  will  do  no  hurt 
to  have  the  prohibition  in  the  instrument  itself. 
Then,  certainly,  there  can  be  no  dispute  about 
our  having  excluded  slavery.  It  is  true,  we 
have  adopted  an  ordinance  to  exclude  slavery  ; 
but  that  only  seems  to  anticipate  a  section  of 
this  kind  in  our  Constitution,  and  I  cannot  see 
any  harm  in  allowing  the  section  to  stand  as  it 
does. 

Mr.  BROSNAN.  I  call  the  attention  of  the 
Convention  to  Section  4  of  the  Enabling  Act. 
It  seems  by  that  section  that  the  ordinance  can- 
not be  revoked  ■'  without  the  consent  of  the 
United  States  and  the  people  of  said  State " 
of  Nevada.  Now,  this  Constitution  will  un- 
floubtedly  provide  for  its  own  amendment, 
whenever  it  may  be  necessary  to  amend  it,  and 
unless  we  have  retained  this  present  section  in 
some  part  of  the  Constitution,  independent  of 
the  ordinance,  we  cannot  well  amend  it.  We 
cannot  change  the  ordinance,  but  we  might 
desire  to  put  this  prohibition  in  some  different 
shape. 

Mr.  NOURSE.  It  is  clear,  to  my  mind,  that 
the  Enabling  Act  is  not  a  part  of  the  Constitu- 
tion itself  It  is  simply  to  enable  us  to  form 
a  Constitution.  It  is  a  statemtmt  by  the  United 
States  of  the  terms  upon  which  wc  may  go  to 
work  to  form  a  Constitution.  I  should  be  ex- 
ceedingly sorry,  for  one,  to  have  a  Constitution 


3d  day.] 


DECLARATION  OF  RIGHTS. 


67 


"Wednesday.] 


DeLoxg —Warwick— Fitch— Brosxan  -  Sturteva.nt. 


[July  6. 


go  forth  from  us  which  should  be  silent  on  this 
subject.  I  wish  it  to  say  something  about  it,  at 
least. 

Mr.  DeLONG.  I  agree  with  the  gentleman  ; 
good  things  will  bear  repetition. 

Mr.  AVARWICK.  I  wish  to  inquire  whether 
the  Enabling  Act  does  not  say  to  us  that  we  shall 
engraft  in  our  Constitution  such  a  provision — 
whether  it  is  not  mandatory  upon  us  to  engraft 
in  our  Constitution  this  very  provision,  and  in 
about  the  same  form,  substantially,  as  we  see  it 
here  ?  Now,  that  Enabling  Act  simply  says,  as 
I  understand  it,  that  the  people  of  Nevada  shall 
adopt  such  and  such  provisions,  and  we  are 
about  to  adopt  this  as  one  of  those  provisions. 
It  is  in  the  right  place,  and  therefore  I  would 
like  to  see  it  adopted  just  as  it  stands,  without 
any  amendment  whatever. 

Mr.  BANKS.     So  would  I. 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Nourse,  and  it  was  not  agreed  to. 

No  other  amendment  being  offered,  the  sec- 
tion was  adopted. 

Section  19  was  read,  as  follows  : — 

Sec.  19.  The  right  of  the  people  to  be  secure  in  their 
persons,  houses,  papers,  and  effects,  against  unreason- 
able seizures  and  searches,  shall  not  be  violated ;  and 
no  warrant  shall  issue  but  on  probable  cause,  supported 
by  oath  or  affirmation,  particularly  describing  the  place 
to  be  searched,  and  the  persons  and  things  to  be  seized. 

No  amendment  being  offered,  the  section  was 
adopted. 

TREASON. 

Section  20  was  read,  as  follows  :— 

Sec.  20.  Treason  against  the  State  shall  consist  only 
in  levying  war  against  it,  adhering  to  its  enemies,  or 
giving  them  aid  and  comfort. 

Mr.  DeLONG.  I  will  make  a  motion  to 
amend  that  section.  The  Constitution  of  Cal- 
ifornia has,  in  addition  to  what  is  provided  in 
ours,  this  language  : — 

No  person  shall  be  con^^cted  of  treason,  unless  on 
the  testimony  of  two  witnesses  to  the  same  overt  act, 
or  on  confession  in  open  Court. 

The  Constitution  of  the  United  States  says  : 

Treason  against  the  United  States  shall  consist  only 
in  levying  war  against  them,  or  in  adhering  to  their 
enemies,  giving  them  aid  and  comfort.  No  person 
shall  be  convicted  of  treason,  unless  on  the  testimony 
of  two  witnesses  to  the  same  overt  act,  or  on  confession 
in  open  Court. 

Now,  whilst  our  Constitution  defines  what 
treason  is,  it  does  not.  like  the  Constitution  of 
the  State  of  California,  define  how  a  person 
shall  be  convicted  of  treason.  I  think  it  would 
be  safe  to  follow  the  rule  adopted  in  California 
with  perhaps  one  exception.  It  says  there,  that 
"no  person  shall  be  convicted,  except  on  the 
evidence  of  two  witnesses  to  the  same  overt 
act."  I  would  like  to  leave  out  the  words  '•  to 
the  same  overt  act,"  so  that  it  would  read  : 
'•  No  person  shall  be  convicted  of  treason,  un- 
less on  the  testimony  of  two  witnesses,  or  on 
confession  in  open  Court."  I  will  move  to 
amend  by  adding  those  words.  I  never  could 
see  the  object  of  requiring  two  witnesses  to  the 
same  overt  act.    Under  that  provision  a  party 


might  commit  treason  and  escape  punishment 
for  a  lifetime.  There  might  be  a  thousand  wit- 
nesses, each  one  of  whom  could  testify  to  the 
commission  of  some  one  overt  act  of  treason, 
but  it  requires  that  there  shall  be  two  witnesses 
to  the  same  act. 

Mr.  FITCH.  I  hope  the  amendment  will  not 
prevail.  Neither  the  Constitution  of  the  United 
States  nor  that  of  California  has  been  found 
equal  to  the  emergency  which  has  come  upon 
the  country  during  the  last  four  years.  I  think 
we  should  leave  it  to  the  Legislature  to  decide 
what  is  and  what  is  not  necc'ssary  to  constitute 
evidence  sufficient  to  convict  a  man  of  the 
crime  of  treason.  I  am  in  favor  of  leaving  it 
for  the  Legislature  to  define. 

Mr.  BROSNAN.  I  would  like  to  ascertain 
why  there  is  a  necessity  of  two  witnesses  to 
prove  a  man  guilty  of  treason,  when  one  wit- 
ness would  he  competent  to  prove  him  guilty 
of  murder.  If  the  gentleman  will  answer  that, 
possiblv  I  will  vote  for  his  amendment. 

Mr.  STURTEVANT.  In  case  a  question  of 
that  kind  should  come  up  in  Court,  what  would 
be  the  effect,  if  the  attorney  should  appeal  to 
the  Constitution  of  the  United  States,  and  read 
that  to  the  jury?  It  would  be  rather  a  stum- 
I)ling-block  to  anything  in  the  way  of  convic- 
tion. I  should  thiiik.  That  says  that  there  shall 
be  two  witnesses  to  the  same  overt  act.  in  order 
to  convict  of  treason,  and  it  will  be  a  hard 
matter,  in  my  opinion,  for  the  Legislature  to 
make  a  law  which  will  repeal  the  Constitution 
of  the  United  States. 

Mr.  DeLONG.  One  answer  is  this— that  the 
clause  requiring  two  witnesses  to  the  same  overt 
act,  applies  only  to  treason  against  the  United 
States.  Now  upon  what  basis,  or  by  what  rule, 
would  you  say  that  a  person  should  be.  or 
might  be  convicted  of  treason  against  the  State 
of  Nevada,  upon  the  testimony  of  one  witness, 
when  it  requires  two  witnesses  to  convict  him 
of  treason  against  the  United  States,  or  against 
any  other  State  in  the  Union,  the  same  clause 
being  in  the  Bill  of  Rights,  in  every  other  State 
in  the  Union  ? 

The  gentleman  from  Storey,  (Mr.  Brosnan.) 
has  asked  me  to  give  him  my  reasons  for  think- 
ing that  it  shoiild  require  two  witnesses  to  con- 
vict a  man  of  treason,  while  one  is  sufificient  to 
convict  him  of  murder.  The  only  reason  I  can 
give  him  is  simply  this  :  that  from  the  earliest 
time,  down  to  the  present,  witli  the  wise  and 
good  of  every  people  and  nation  which  have 
claimed  civilization,  the  crime  of  treason  has 
been  ranked  and  considered  as  the  most  odious 
of  all  crimes  which  a  man  could  be  convicted 
of;  and  on  account  of  its  very  odium,  which,  in 
all  lands  and  nations  prior  to  our  own  time,  in- 
flicted upon  the  subject  the  attainder  of  blood — 
for  it  was  not  only  a  conviction  of  the  man  con- 
victed, but  it  attainted  his  blood,  and  the  crime 
descended  to  his  children,  depriving  them  of 
the  freedom  of  subjects,  and  the  riglits  of  citi- 
zenship —  the  laws  have  universally  guarded, 
with  special  care,  the  rights  and  privileges  of 


68 


DECLARATION   OF  RIGHTS. 


[3d  day. 


Wednesday] 


DkLoncj  -Fitch. 


[July  G. 


the  person  accused  of  such  an  odious  crime. 
From  the  very  circumstance  of  the  crime  of 
treason  being  so  regarded,  it  has  been  deemed 
necessary  to  require  extraordinary  proofs,  to 
secure  a  conviction  of  that  crime.  That  bus 
been  the  rule  in  all  civilized  nations,  and  it  is 
in  order  that  we  may  not  be  looked  upon  as 
adventurers  and  innovators  in  making  such  a 
change  in  regard  to  the  rights  and  privileges  of 
persons  accused  of  so  grave  a  crime,  that  I  pro- 
pose we  should  follow  the  beaten  path  which 
has  been  marked  out,  and  recognized  as  proper 
and  sufBcient,  by  the  wise  men  of  every  civil- 
ized nation. 

As  my  colleague,  (Mr.  Fitch.)  has  said,  the 
laws  have  been  found  insufficient  to  punish  the 
crime  in  the  United  States;  but  the  reason  is 
that  it  requires  two  witnesses  to  the  same  overt 
act.  biifore  a  conviction  can  be  had.  It  is  very 
seldom  that  a  man  can  be  convicted,  where  the 
evidence  of  more  than  one  person  is  required 
to  the  same  act,  and  that  has  been  the  great 
stumbling  block  in  the  way  of  convictions  of 
treason.  But  had  the  clause  read  a  little  differ- 
ently, I  think  there  would  have  been  no  diffi 
culty  in  convicting  many  of  those  villains  and 
traitors,  who.  since  this  rebellion  began,  have 
been  arrested,  and  released,  for  want  of  evi 
dence.  Now  if  wc  provide  that  they  may  be 
convicted  by  two  witnesses,  one  of  whom  may 
have  seen  the  party  in  one  place  committing  an 
overt  act,  and  the  other  in  another  place  com 
mitting  another  overt  act,  there  would  be  no 
diihcuity  in  securing  convictions.  But  from  the 
fact  that  this  is  a  crime  which  works  not  merely 
the  attainder  of  blood,  but  works  also  the  ruin 
of  all  concerned,  pecuniarily  and  socially,  as 
must  be  its  effect  if  the  crime  is  stamped 
upon  them,  as  it  will  be,  by  public  condemna 
tion.  afcer  this  war  is  passed,  I  think  we  should 
provide  the  additional  safeguard  of  requiring 
two  w-taeisis  to  ccnvlct  of  treason. 

Mr.  FITUH.  AVill  the  gentleman  allow  me 
to  ask  him  a  question  ?  What  does  he  mean  by 
an  overt  act? 

Mr.  DeLOXG.  Well,  sir,  I  will  give  the  gen- 
tleman my  understanding  of  it.  It  is  an  act 
committed  in  furtherance  of  the  crime  of  trea- 
son. 

Mr.  FITCH.  Does  my  colleague  hold  that  a 
man  can  be  tried  and  convicted  of  treason  un 
der  this  provision  rcqiiring  two  or  more  wit- 
nesses, unless  each  and  every  act,  or  the  act 
conitiluing  the  crime  of  treason  is  proved? 

Mr.  DeL'JXG.  I  do  not  understand  the  ques- 
tion, but  I  hold  this:  The  Constitution  says 
that  no  person  shall  be  convicted  of  the  crime 
of  tre.ison  except  upon  the  testimony  of  two  or 
more  witness,ses  to  the  same  overt  act,  and  1 
say  that  under  an  indictment  framed  in  the 
courts  cf  the  United  Slatis  for  treason,  you 
CDuld  not  convict  a  man  by  proving  by  one 
witness  that  he  committed  an  overt  act  of  trea- 
son here,  and  by  another  witness  that  he  com- 
mitted an  overt  act  of  treason  there.  You  would 
have  to  prove  by  two  witnesses  the  commission 


of  the  same  overt  act.  And  this  has  been  the 
stumbling-block  in  the  courts  of  the  United 
States,  which  has  prevented  convictions  of  trea- 
son. That  is  my  answer.  I  say,  if  you  adopt 
the  amendment  which  I  propose,  a  man  may  be 
indicted  for  treason  before  the  State  Courts, 
and  tried,  and  if  two  witnesses  come  forward 
and  testify,  one  that  he  has  committed  treason 
in  one  place,  and  the  other  that  he  has  com- 
mitted treason  in  another,  he  may  be  convicted. 
That  is  all  I  am  laboring  for  ;  to  remove  this 
stumbling-block. 

Mr.  FITCH.  'That  is  not  my  idea  of  an  overt 
act :  I  understand  that  it  is  the  crime  charged 
itself ;  the  act  of  treason. 

Mr.  DeLONG.  I  will  endeavor  to  define 
more  clearly  my  idea  of  what  constitutes  an 
overt  act ;  it  may  be  that  I  have  too  much  of 
the  Fourth  of  July  left  in  me  to  make  myself 
clearly  understood.  [Laughter.]  It  has  been 
said  by  some  that  perhaps  the  South  would 
have  been  justified  in  their  rebellion  if  they  had 
waited  for  Mr.  Lincoln  to  commit  some  '•  overt 
act "  against  the  rights  of  the  South.  Now, 
what  does  that  mean  ?  It  means  some  act  vio- 
lative of  a  right.  In  that  sense,  and  in  that 
sense  only,  is  it  used  in  the  Constitution.  In- 
asmuch as  treason  consists  in  levying  war 
against  the  United  States,  or  giving  aid  and 
comfort  to  its  enemies,  if  you  give  aid  and  com- 
fort, or  levy  war.  or  proceed  to  do  either,  you 
commit  an  overt  act  of  treason.  That  is  what 
I  understand  to  be  the  meaning  of  the  term 
••  overt  act."  Now,  a  person  may  do  both. 
A  person  may  give  aid  and  comfort  to  the  en- 
emies of  the  Republic,  and  he  may.  besides 
aiding  and  comforting  them,  himself  rise  in 
arms  against  the  Government.  And  you  may 
not  be  able  to  prove  by  but  one  person  that 
he  rose  in  arms,  and  by  one  person  that  he 
gave  aid  and  comfort.  And  what  I  propose  is, 
that  upon  the  evidence  of  those  two  facts,  es- 
tablished by  two  witnesses,  he  may  be  con- 
victed of  treason.  That  is  what  I  am  laboring 
for.     Does  my  colleague  understand  me  ? 

Mr.  FITCH.  Yes  ;  but  I  think,  though,  that 
the  gentleman  is  wrong. 

Mr.  DeLONG.  If  the  gentleman  has  got  so 
that  he  understands  me,  I  do  not  care  what  hia 
opinions  are. 

Mr.  FITCH.  I  may.  perhaps,  have  a  little  of 
the  Fourth  of  July  left  in  me.  too.  inasmuch  as 
I  was  not  able  readily  to  understand  my  col- 
league ;  but  it  seems  to  me  that  his  conclusion 
bears  about  the  same  relation  to  his  premises 
as  did  the  wagon  to  the  horse,  in  an  illustration 
of  a  faulty  argument  made,  I  think,  by  Tom 
Hood— when  the  horse  ran  away  and  went  down 
the  hill,  getting  detached  from  the  wagon— it 
don  t  follow.  If  a  man  is  indicted  for  treason, 
for  murder,  or  for  any  other  offense,  he  can  only 
be  tried  at  one  time  for  one  offense  charged. 
For  instance,  John  Smith  is  indicted  for  the 
murder  of  I'eter  Jones  and  William  Hopkins, 
but  he  can  only  be  tried  for  the  murder  of  OAe 
of  them.    So  in  cases  of  treason,  the  party  can 


3d  day.] 


DECLARATION  OF  RIGHTS. 


69 


Wednesday.] 


DkLoxg— Fitch— Warwick— TczER—NouESE. 


[July  C. 


only  be  tried  for  the  overt  act  which  is  charger] 
in  the  indictment,  and  that  overt  act  is,  there 
fore,  the  offense  with  which  he  is  charged  a1 
that  time. 

Mr.  DkLONG.  Is  not  treason,, like  any  other 
offense,  a  compound  proceeding,  made  v;p  of 
various  acts,  which  may  be  alleged  in  an  indict 
ment?  You  may  allege  a  felony,  for  example 
but  you  may  prove  more  than  one  act  consti 
tuting  that  felony.  So  you  charge  treason,  and 
then  you  go  on  to  prove  the  various  acts,  which 
taken  together,  constitute  the  cnime  of  treason 

Mr.  FITCH.  No  ;  for  you  cannot  charge 
grand  larceny  and  then  go  on  to  prove  tha 
the  defendant  stole  one  thing  in  one  place  and 
another  thing  in  another  place.  So  in  case  ol 
indictment  for  treason,  you  must  allege  when 
and  where  the  treasonable  act  was  committed 
and  the  prisoner  cannot  be  tried  for  more  than 
one  act. 

Mr.  WARWICK.  On  a  trial  for  treason, 
would  not  the  prosecution  be  allowed  to  prove 
circumstances  other  than  those  laid  in  the  indict- 
ment? For  instance,  hurrahing  for  Jeff.  Davis 
at  another  time?  Would  not  the  prosecution 
be  allowed  to  prove  any  single  fact  which 
would  go  to  show  or  to  substantiate  the  main 
charge  ? 

Mr.  FITCH.  The  prosecution  might  be  al- 
lowed to  prove  that,  for  the  sake  of  proving  the 
animus,  or  as  a  part  of  the  res  gesice ;  but  they 
could  not  be  permitted  to  produce  testimony  to 
prove  that  the  defendant  hurrahed  for  Jeff. 
Davis  in  Virginia,  when  in  the  indictment  it  is 
alleged  that  he  did  it  in  Carson. 

Mr.  DeLONG.    Nobody  pretends  that. 

Mr.  FITCH.  Well,  my  colleague  is  in  favor 
of  altering  this  section  so  as  to  read  :  '"No 
person  shall  be  convicted  of  treason,  unless  on 
the  testimony  of  two  witnesses,  or  on  confession 
in  open  Court."  Now,  if  he  be  convicted  on 
the  testimony  of  two  witnesses  of  the  overt 
act,  then  that  overt  act  must  be  the  crime  with 
which  he  is  charged,  for  you  cannot  try  him  on 
more  than  one  charge  at  a  time. 

Mr.  DeLONG.  The  difference  between  us  is. 
that  I  understand  that  a  man  is  to  be  indicted 
for  treason,  and  not  for  any  overt  act,  as  levy- 
ing war  or  aiding  and  assisting  the  enemy  who 
are  levying  war.  If  the  indictment  charges 
that,  it  must  be  alleged  by  a  separate  count - 
that  in  the  Territory  of  Nevada,  in  1864,  or 
at  some  other  given  date,  the  act  of  treason  was 
committed,  by  levying  war  against  the  Federal 
Government,  or  giving  aid  and  comfort,  etc.. 
by  which  overt  act  the  accused  committed  tiie 
crime  of  treason.  When  you  charge  that  in 
your  indictment,  then  you  will  be  allowed  to 
prove  either  one  of  the  charges,  which  are  overt 
acts  in  themselves— either  that  the  prisoner 
levied  war,  that  he  conspii'ed  with  others  to  do 
it,  or  that  he  gave  aid  and  comfort  to  those  who 
did  do  it.  Those  overt  acts,  or  as  many  of 
them  as  are  proved,  are  compounded  in  the 
one  term  of  treason  when  they  are  proved. 

Mr.  FITCH.    I  do  not  think  that  such  an  in- 


dictment would  hold  water.  I  believe  the  in- 
diciment  would  have  to  be  particular  in  stating 
fhat  at  such  a  time,  and  at  such  a  place,  the  de- 
fendant committed  an  act  which  constituted 
the  crime  of  treason,  and  it  would  be  necessary 
to  prove  that  particular  act. 

Mr.  TOZER.  I  wish  to  call  these  gentlemen 
to  order.  I  do  not  think  that  any  long  winded 
speeches  in  regard  to  the  meaning  of  the  term 
■  overt  act  '•  will  add  one  scintilla  to  the  infor- 
mation of  the  Convention  on  the  subject.  I 
would  like  to  see  these  long  discussions  brought 
'0  an  end.  Let  us  take  a  vote,  and  not  spend 
our  time  listening  to  long  harangues  from  those 
who  seek  to  enlighten  us.  without  effect. 

Mr.  NOURSE.  At  the  risk  of  displeasing 
the  gentleman  from  Storey  who  last  spoke,  I 
wish  to  say  that  the  reason  I  think  two  witnesses 
are  desirable  in  a  case  of  treason  is,  that  it  is 
purely  a  political  crime.  It  is  more  easy,  per- 
haps, to  indict  a  person  and  convict  him  of  a 
conspiracy  for  treason  in  times  of  high  political 
excitement  than  it  should  be.  I  "know  that 
now,  as  the  saying  is,  the  boot  is  on  the  other 
leg  ;  but  I  have  seen  the  time  when  the  Ad- 
ministration flunkies  talked  lustily  about  us, 
who  would  not  acknowledge  the  Dred  Scott  de- 
cision, and  turn  in  to  catch  runaway  darkeys,  and 
threatened  us  with  indictments  for  treason  and 
all  that  sort  of  thing.  Those  times  have  changed 
now,  but  they  may  come  again.  I  do  not  think 
we  should  be  carried  away  by  our  desire  to 
convict  those  who  have  been  guilty  of  treason, 
and  I  do  think  that  in  a  case  of  treason  there 
is  more  necessity  for  two  witnesses  than  there 
is  in  a  case  of  murder,  where,  of  course,  men's 
minds  are  not  so  likely  to  be  influenced  by 
political  or  any  undue  excitement. 

Now,  in  regard  to  this  amendment,  why 
should  those  words  be  left  out  here— "to  the 
same  overt  act?"  It  seems  to  me  there  is  no 
good  reason  for  it  whatever.  I  am  very  sure, 
as  a  matter  of  law,  that  the  gentleman  from 
Storey  farthest  from  me.  (Mr.  Fitch.)  is  correct. 
Certainly,  I  think  that  an  indictment  charging 
that  a  man  is  guilty  of  treason,  without  specify- 
ing the  act  which  constitutes  the  treason,  would 
not,  as  the  gentleman  says,  '•  hold  water."  and, 
to  use  a  rather  common  expression,  you  could 
drive  a  six-horse  coach  through  it.  I  "think  that 
an  indictment  for  treason  must  charge,  as  an  in- 
dictment for  perjury  or  any  other  felony  must, 
the  time,  place  and  circumstance.  It  must  charge 
some  "  overt  act,"  in  contradistinction  from  the 
old  doctrine  of  constructive  treason.  That  is 
what  it  goes  upon.  The  word  "  overt "  comes 
from  '•  ouvert"  which  simply  means  '•  open." 
And  in  old  times,  those  familiar  with  the  his- 
tory of  the  law  will  recollect  the  case  wherein  a 
man  was  indicted  for  treason  for  wishing  that 
the  horns  of  a  stag  were  in  the  belly  of  the 
king.  Now,  it  is  in  contradistinction  from  that 
kind  of  doctrine,  which  was  the  doctrine  of 
Great  Britain  at  that  time,  that  this  doctrine 
was  settled  upon,  that  there  should  be  no  con 
structive  treason,  so  that  one  man  could  no 


70 


RIGHT  OF  SUFFRAGE. 


[3d  day. 


Wednesday.] 


DeLoxu— Fitch — Bank.s 


[July  G. 


readily  charge  another  with  a  crime  which  was 
regarded  as  so  infamous,  at  a  time  when  there 
was  so  much  disposition  to  pander  to  the  ruling 
power— that  is,  to  the  king.  It  was  provided 
in  England,  therefore,  that  there  should  be  two 
witnesses  to  the  same  '•  overt  act.'"  which  act 
must  be  alleged  in  the  indictment  to  constitute 
treason,  or  else  there  could  be  no  conviction. 
If  we  are  to  have  any  change  at  all.  I  should 
prefer  that  the  section  should  be  made  to  cor- 
respond with  the  provision  on  the  same  subject 
matter  in  the  Constitution  of  the  United  States 
and  the  Constitution  of  the  State  of  Caliibrnia. 

Mr.  DeLONG.  Will  the  gentleman  allow  me 
to  ask  a  question  ?  Because,  as  I  understand 
him,  he  must  have  misunderstood  me.  He  says 
that  my  understanding  was  that  an  indictment 
for  treason,  drawn  without  specifying  where 
and  when  the  offense  was  committed,  would 
be  valid.  I  did  not  state  that.  I  stated  only 
that  such  indictment  might  contain  a  statement 
of  more  than  one  thing  constituting  the  crime 
of  treason,  as,  for  instance,  both  that  the  party 
had  levied  war,  and  that  he  had  aided  and 
abetted  others  in  doing  the  same  thing,  and 
that  the  proof  might  establish  the  crime  of  trea- 
son, if  consistent  with  the  indictment,  on  either 
count.  Then,  I  say,  that  there  might  be  a  wit- 
ness to  prove  that  the  party  aided  others,  and 
also  another  witness  to  prove  that  he  himself 
waged  war. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  DeLong,  and  on  a  division  it 
was  not  agreed  to — ayes,  10  ;  noes,  lU. 

No  further  amendment  being  offered,  the  sec- 
tion was  adopted. 

Mr.  DeLONG.  I  give  notice  that  I  shall  in- 
sist on  my  amendment  in  the  Convention. 

Section  21  was  read,  as  follows  :— 

Sec.  21.  This  enumeration  of  rights  shall  not  be 
construed  to  impair  or  deny  others  retained  by  the 
people. 

No  amendment  being  offered,  the  section  was 
adopted. 

Mr.  FITCH.  As  we  have  now  passed  through 
the  article,  I  move  that  the  Committee  now  rise 
and  report  it  back  to  the  Convention,  with  a 
recommendation  that  it  be  passed. 

The  question  was  taken  and  the  motion  was 
agreed  to. 

IX  COXVEXTION. 

The  PRESIDENT  having  resumed  the  chair. 

The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Article  I,  entitled  Declaration  of  Rights  ;  had 
made  some  amendments  thereto,  and  had  in- 
structed him  to  report  the  same  back  to  the 
Convention,  with  a  recommendalion  that  the 
article  be  passed,  with  the  amendments. 

The  report  was  accepted,  and  the  article  was 
placed  on  the  general  file  for  a  third  reading. 

lUOHT   OF  SUI-TRAUE. 

Mr.  BANKS.  I  move  that  Article  II,  entitled 
Eight  of  Sutfrage,  be  read  a  second  time  by 


title  and  referred  to  the  Committee    of  the 
Whole. 

The  motion  was  agreed  to,  and  the  article 
was  read  a  second  time  by  title  and  referred 
accordingly. 

IN   COMMITTEE    OF   THE    WHOLE. 

On  motion  of  Mr.  BANKS,  the  Convention  re- 
solved itself  into  a  Committee  of  the  Whole, 
(the  President  remaining  in  the  Chair.)  for  the 
considei-ation  of  Article  II,  entitled  Right  of 
Suffrage. 

The  SECRETARY  read  Section  1,  as  fol- 
lows : — 

Sectiok  1.  Every  white  male  citizen  of  the  United 
States,  (not  laboring  under  the  disabilities  named  in  this 
Constitution,)  of  the  age  of  tweutj^-one  years  and  up- 
wards, who  shall  have  resided  in  the  State  six  months, 
and  in  the  district  or  county  thirty  days  next  preceding 
any  election,  shall  be  entitled  to  vote  for  all  officers 
that  now  are  or  hereafter  may  be  elected  by  the  people, 
and  upon  all  questions  submitted  to  the  electors  at  such 
election. 

RESIDENCE   OF  VOTERS. 

Mr.  BANKS.  I  move  to  amend  Section  1  of 
this  article  by  adding  the  following  : — 

"This  section  shall  not  be  so  construed  as  to  permit 
the  exercise  of  the  right  of  suffrage  on  the  ground 
that  the  person  proposing  to  vote  started  to  come  to 
this  State  six  months  or  more  from  the  time  at  which 
he  proposes  to  cast  his  vote." 

The  members  of  the  Convention  are  aware 
that  there  has  been  a  construction  put  upon  this 
constitutional  provision,  as  it  exists  in  the  Con- 
stitution of  California,  by  which  persons  are 
admitted  to  the  right  to  vote  who  started  to 
come  to  that  State,  or  to  go  somewhere,  six 
months  previous  to  the  election,  notwithstand- 
ing that  they  may  not  have  been  in  the  State 
more  than  three  days.  The  practice  of  al- 
lowing such  men  to  exercise  the  privilege 
of  voting,  I  believe,  grew  out  of  a  decision  or 
construction  placed  upon  this  clause  by  the 
Attorney  General  of  the  State  of  California.  I 
do  not  know  that  that  construction  has  ever  re- 
ceived any  judicial  sanction,  but  I  do  know 
that  very  great  abuses  have  grown  up  under 
that  construction  of  the  law.  I  hope,  therefore, 
that  we  shall  debar  persons  from  the  privilege 
of  voting  in  our  State,  unless  they  can  show 
that  they  have  actually  resided  within  our  bor- 
ders for  the  length  of  time  prescribed.  At  any 
rate,  I  hope  we  shall  define  it,  so  that  the  ques- 
tion shall  not  arise  at  every  election.  At 
the  election  last  fall,  I  knew  of  persons  who 
had  crossed  the  plains  recently,  and  were  too 
conscientious  to  exercise  the  right  of  sullrage, 
aUhougii  they  were  told  they  might  do  so,  while 
at  the  same  time,  no  doubt,  there  were  many 
others  less  conscientious  — whose  consciences 
sat  more  loosely  upon  them  —  who  did  exercise 
the  right  of  suffrage,  claiming  it  under  that 
construction  given  by  an  Attorney  General  of 
California.  I  think,  therefore,  that  we  should 
construe  this  provision  so  as  to  require  persons 
to  actually  reside  here  for  the  length  of  time 
prescribed,  before  they  are  entitled  to  vote. 

Mr.  DeLONG.    a  person  must  have  a  resi- 


3d  day.] 


RIGHT  OF  SUFFRAGE. 


71 


Wednesday,] 


Banks — DeLong — Nourse— Collins— Frizell. 


[July  6. 


dence  somewhere,  I  suppose,  and  it  has  been 
held,  in  all  the  States,  that  a  person  loses  his 
residence  immediately  upon  leaving  the  State. 
In  the  language  of  Chief  Justice  Marshall,  a 
man  cannot  be  made  a  human  balloon,  but  he 
must  be  in  some  place  all  the  time.  Now.  after 
a  man  leaves  New  York,  he  has  not  a  right  to 
exercise  the  right  of  franchise  there,  and  I  do 
not  know  where  he  should  be  permitted  to  ex- 
ercise it,  unless  it  is  in  the  land  to  which  he  has 
emigrated.  It  strikes  me  that  a  person  should 
not  be  disfranchised  just  for  travelling  from 
one  place  to  another. 

Mr.  BANKS.  Many  persons  leave  a  State,  to 
go  to  some  place  or  other,  without  having  set- 
tled upon  any  place,  in  particular,  to  go  to ; 
and  yet,  because  they  happen  to  come  here,  and 
are  landed  on  our  shores,  should  we  give  them 
credit  for  residence  for  all  the  time  since  they 
left  the  State  they  came  from  ? 

Mr.  DeLONG.  You  must  recollect  that  the 
party  has  to  be  sworn  to  the  fact  that  he  started 
at  such  a  time  with  the  bona  fide  intention  of 
making  this  State  his  residence.  If  he  is  a  man 
who  would  perjure  himself,  you  cannot  prevent 
him  from  doing  so  by  a  constitutional  provi- 
sion. He  has  to  swear  that  he  started  within  six 
months  previous  to  the  election,  from  the  place 
of  his  former  residence,  with  the  6o?ia_/icZe  inten- 
tion of  becoming  a  citizen  here. 

Mr.  NOURSE.  I  cannot  give  my  adhesion  to 
such  a  mysterious  doctrine  as  that.  I  think  a 
man  may  lose  his  residence.  If  he  chooses  to 
make  a  caravan  of  himself,  he  does  cease  to  be 
a  citizen  of  the  State  he  leaves,  or  of  any  State, 
though  still  a  citizen  of  the  United  States.  Here 
he  is  obliged  to  be  thirty  days  in  the  district, 
and  ten  days,  I  suppose,  before  the  election,  in 
the  precinct  where  he  is  to  vote.  Now  he 
moves  from  Carson  to  Virginia  within  that  time, 
and  he  has  no  right  to  vote  in  Virginia,  although 
he  has  gone,  bag  and  baggage,  from  Carson, 
and  has  no  right  to  vote  there.  Should  he  be 
allowed  to  vote  in  Virginia,  on  the  ground  that 
he  must  vote  somewhere  ?  It  seems  to  me  it  is 
very  clear  that  a  man  may  lose  his  right  to 
vote,  and  that  is  one  of  the  privations  which  a 
man  must  suffer,  upon  coming  here,  or  upon 
travelling  from  any  one  place  to  any  other. 
He  must  endure  the  deprivation  of  being  de- 
nied the  privilege  of  voting  anywhere,  until  he 
gains  a  residence  ;  and  how  a  man  can  be  said 
to  have  a  right  of  residence,  except  by  living 
in  the  State,  passes  my  understanding. 

Mr.  COLLINS.  I  think  the  views  taken  by 
my  friend  and  colleague.  (Mr.  DeLong,)  certainly 
carry  on  their  face  a  very  great  absurdity. 

Mr.  DeLONG.     Thank  you. 

Mr.  COLLINS.  I  am  glad  the  gentleman 
feels  grateful.  The  idea  that  a  man  cannot  lose 
his  vot'-.  is  a  monstrous  absurdity,  because  men 
do  lose  their  votes.  Men,  when  they  commit 
crime,  lose  their  votes.  In  States  where  they 
have  registry  laws,  if  a  man  fails  to  "  come  to 
time  "  in  getting  his  name  registered,  he  will  lose 
his  vote.    I  might  name  a  hundred  cases,  where 


a  man  may  lose  his  right  to  vote,  and  it  is  the 
most  absurd  doctrine  ever  pre-sented,  that  be- 
cause a  man  starts  from  New  York  six  months 
previously,  though  he  may  have  spent  all  the 
intervening  time  on  the  passage,  yet,  on  his  ar- 
rival, he  may  claim  six  months  residence  here. 
What  is  the  object  of  requiring  this  residence  ? 
Why,  that  the  man  may  become  acquainted 
with  the  usages,  customs,  and  wants  of  the  peo- 
ple. That  is  the  reason  ;  and  unless  he  resides 
here  long  enough  to  fuUil  that  requirement,  it 
is  the  purest  absurdity  to  exact  any  residence, 
in  any  case.  A  man  might  come  into  the  Ter- 
ritory and  know  nothing  about  its  people,  its 
condition,  its  resources,  or  its  wants,  and  yet, 
under  this  doctrine,  he  would  be  entitled  to 
vote.  Therefore,  the  remarks  of  the  gentleman 
from  Humboldt,  (Mr.  Banks,)  are  just  in  place, 
and  some  provision  should  be  made  here, 
by  which  those  men,  who  are  less  scrupulous 
than  others,  coming  here  from  the  Eastern 
States,  shall  be  prevented  from  claiming,  under 
this  sweeping  provision,  the  right  to  vote,  while 
the  better,  or  more  conscientious  class,  are  kept 
away  from  the  polls,  leaving  them  to  be  con- 
trolled by  the  less  conscientious  class  of  men. 
I  do  hope  that  the  amendment  proposed  by  the 
gentleman  from  Humboldt,  or  some  modification 
of  it  at  least,  will  be  adopted.  I  think,  how- 
ever, that  the  insertion  of  those  four  or  five  lines 
may  be  avoided,  by  simply  amending  the  clau.se 
as  it  already  stands,  so  as'  to  read  something 
like  this  : — •'  who  shall  actually  have  resided  in 
the  State  six  months,"  or,  "  who  shall  have  per- 
sonally resided  in  the  State  six  months,"  I  will 
move  the  first  as  an  amendment  to  the  amend- 
ment of  the  gentleman  from  Humboldt. 

Mr,  FRIZELL,  It  seems  to  me  that  the 
amendment  would  operate  rather  harshly  upon 
a  class  of  persons  upon  whom,  certainly,  we  do 
not  want  to  place  any  additional  hardship.  If 
we  can  readily  give  the  right  to  vote  at  once  to 
the  overland  emigrants  who  may  settle  in  our 
State,  I  would  rather  be  inclined  to  favor  it.  I 
will  propose  this  amendment :  to  insert  the 
word  "actually"'  before  '"resided,""  so  as  to 
read,  "  who  shall  have  actually  resided  in  the 
State  six  months."  I  think  the  insertion  of  that 
one  word  is  all-sufificient. 

Mr.  BANKS.  It  occurred  to  me  to  insert  the 
word  •'  actually  "  in  that  connection,  and,  if  any 
qualifying  word  is  to  be  inserted  there,  that  is, 
no  doubt,  the  word  which  should  be  selected  ; 
but  upon  reading  it,  it  seems  to  me  that  the 
language  is  already  so  clear  that  there  should 
be  no  possibility  of  misconstructiou.  How  can 
a  man  reside  in  a  State  and  not  actually  reside 
in  it?  How,  by  any  possibility,  the  language 
could  have  been  construed  or  understood  as  it 
has  been  construed,  I  cannot  conceive.  The 
language  is,  '•  who  shall  have  resided  in  the 
State  six  months."  Now,  if  I  had  been  framing 
that  section  in  the  first  instance,  those  are  the 
ver_y  words  I  should  wish  to  use.  They  seem 
to  me  perfectly  plain  and  clear,  and  if  we  u.- e 
the  word  "  actually,"  I  do  not  see  that  it  strength- 


72 


RIGHT  OF  SUFFRAGE. 


[3d  day 


Wednesday.] 


DeLong— Fitch — Nouksk. 


[July  6. 


ens  the  meaning  at  all.  It  seems  to  convey  the 
game  idea  ;  and  yet,  as  the  language  has  been 
misconstrued.  I  thiniv  it  desirable  to  place  at 
the  end  of  the  words,  language  which  shall  be 
beyond  the  power  of  misconstruction.  We 
must  remember  that  it  is  not  a  question  of  lit- 
eral meaning,  but  a  question  of  construction. 
It  is  to  avoid  the  difficulty  arising  from  the 
possibility  of  misconstruction,  and  not  on  ac- 
count of  any  want  of  appropriate  words,  that  1 
add  this  proviso,  so  that  the  section  shall  be  con- 
strued in  a  particular  way — so  that  whatever 
the  words  actually  mean,  or  whatever  be  their 
want  of  meaning,  they  must  be  construed  so 
and  so.  I  put  it  in  that  way  in  order  that  there 
may  be  no  possible  mistake  as  to  our  intention. 
Mr.  DeLOXG.  It  seems  that  I  am  unsup 
ported  in  my  views  by  any  member,  and  I 
should  probably  sink  under  the  sarcasms  of  my 
colleague,  (Mr.  Collins),  were  it  not  that  I  am 
sustained  by  a  greater  man  than  either  he  or 
myself.  I  refer  to  the  language  of  Chief 
Justice  Story,  of  the  Supreme  Bench  of  the 
United  States,  and  to  that  of  the  illustrious 
Marshall,  to  which  I  have  often  had  occasion  to 
refer,  and  more  especially  in  the  contested  elec- 
tion case,  so  well  known  in  California,  of  Doc- 
tor Duncombe,  of  Sacramento,  where  the  whole 
question  was  fully  and  fairly  considered.  Jus- 
tice Marshall,  in  the  case  citeJ,  used  that  Ian 
guage,  so  preposterous  to  the  gentleman  from 
Washoe,  (Mr.  Nourse),  that  a  man  could  not  be 
a  human  balloon,  but  must  be  a  citizen  and  resi- 
dent of  some  place  at  all  times.  He  is  always  a 
subject  or  citizen  of  some  country.  If  the 
gentleman  from  Washoe  thinks  his  view  in  that 
matter  is  right,  I  would  ask  him  what  he  thinks 
would  be  the  effect  in  the  case  of  a  draft,  if  a  man 
had  left  Iowa  six  months  ago  ?  He  is  not,  surely, 
a  resident  of  Iowa  ;  and  if.  in  the  meantime,  a 
draft  had  been  ordered,  would  he  be  subject  to 
enrollment  here  and  not  there?  If  he  owes 
allegiance  and  duty  as  a  suljject,  in  the  sense  of 
the  word  by  which  the  subject  and  the  alien 
are  distinguished,  he  should  be  compelled  to 
be  enrolled  and  drafted  in  one  place  or  the 
other ;  and  if  he  is  liable  to  be  enrolled  and 
drafted,  why  should  he  be  deprivcid  of  the 
right  of  franchise  ?  I  think  he  should  not,  and 
I  am  surprised  to  hear  my  friend  from  Washoe 
taking  a  position  which  bears  so  severely  upon 
this  immigrant  population  when  he  claims  him- 
self to  be  one  of  that  sort.  [Laughter.]  I  am 
surprised  at  that.  I  think  I  have  committed  no 
offense  whatever,  when  I  have  left  California 
with  the  intention  of  becoming  a  resident  of  the 
State  of  Nevada ;  and  I  think  most  certainly, 
that  I  have  committed  no  such  offense  in  so 
doing  as  ought  to  dcjprive  me  of  the  right  of  the 
elective  franchise.  I  am  deprived  of  the  privi- 
lege of  voting  there  ;  why  should  I  not  vote 
here?  Certainly  I  should  have  the  right  some- 
where, because  I  am  a  native-born  freeman, 
and  citizen  of  the  United  States.  I  am  a  citizen 
over  twenty-one  years  of  age,  and  I  am  deprived 
of  the  privilege  of  voting  by  the  common  law 


I  which  precludes  me  from  voting  anywhere  but 
j  here.     I  think  I  should  have  the  right,  and  gen- 
i  tlemen  may  insert  '•  actually,"  or  any  other  qual- 
[  ifying  word,  till  they  are  blind,  and  yet,  if  we 
j  leave  that  clause  to  the  examination  of  the  Su- 
I  preme  Court,  following  the  line  of  jurisprudence 
1  marked  out  by  those  greater  lights  which  never 
will  ])e  dimmed,  they  will  decide  that  a  man  is 
an  actual  resident  here  from  the  time  he  left 
home  with  a  bona  fide  intention  of  taking  iip 
his  residence  here.     They  will  decide  that  to 
be  the  construction,  unless  the  provision  sug- 
gested by  the  gentleman  from  Humboldt,  (Mr. 
Banks.)  is  incorporated.    '•  Actually  '"  makes  no 
difference,  but  if  you  wish  to   carry  out  those 
views  and  say  that  a  man  shall  have  been  liv- 
ing within  the  limits  of  the  Territory  for  six 
months  previous,  then  you  will  have  to  adopt 
the  other  words  which  have  been  suggested. 
Otherwise  the  courts  will  say,  as  it  has  been  de- 
cided in  California  and  elsewhere,  that  the  man 
lias  been  an  actual  resident  here,  because  he 
has  been  a  resident  nowhere  else,  and  therefore, 
so  far  as  exercising  all  the  privileges  which  the 
laws  give  him  is  concerned,  he  is  actually  a  re- 
sident here. 

Mr.  FITCH.  The  learned  authority  of  Story 
and  Marshall  may  suffice  to  prove  that  a  man 
is  a  citizen,  but  it  seems  to  me  that  though  a 
man  may  be  a  citizen,  still  he  may  not  be  a 
voter.  A  man  may  be  a  citizen,  and,  notwith- 
standing, lose  the  right  of  suffrage  ;  and  it  is 
not  contemplated  by  this  section  to  say  that  he 
is  not  a  citizen  until  he  has  been  an  actual  re- 
sident here  for  six  months. 

Mr.  NOURSE.  The  gentleman  from  Storey, 
over  the  way.  [Mr.  DeLong]  cites  authorities 
with  which  I  do  not  happen  to  be  familiar. 
Chief  Justice  Story  I  do  not  know,  but  Chief 
Justice  Marshall  I  have  heard  of.  They  claim 
that  we  must  say  that  the  party  seeking  to  vote 
has  actually  ''  lived  "  in  this  State  six  months, 
in  order  to  keep  out  this  idea  of  constructive 
residence.  Now,  we  do  say  "  resided."  Is 
there  a  distinction  between  "  resided "  and 
'•  lived  ?"  If  there  is,  it  seems  to  me  a  dis- 
tinction without  a  difference.  I  shall  oppose 
the  amendment  for  the  simple  reason  that  I  do 
not  like  to  attach  to  a  clause  of  the  Constitu- 
tion other  clauses  explanatory  of  it.  It  seems 
to  me  that  when  we  have  put  in  the  words  '•  ac- 
tually resided  in  the  State  six  months,"  that 
means  only  one  thing,  and  there  can  be  no  two 
constructions.  The  doctrine  that  a  person  who 
stiirted  from  the  East  to  come  here  has  a  right 
to  date  his  residence  here  from  the  time  he 
started  is  a  doctrine  of  constructive  residence, 
in  contradistinction  from  the  doctrine  of  actual 
residence  which  the  amendment  ])roposes  to 
insert  in  the  Constitution. 

Mr.  DeLONG.  The  Supreme  Court  of  Cali- 
fornia have  so  decided. 

Mr.  NOURSF.  So  much  the  worse  for  the 
Supreme  Court  of  California.  I  thank  God  we 
are  not  in  the  way  of  being  controlled  by  the 
decisions  of  the  Supreme  Court  of  California. 


3d  day.] 


RIGHT  OF  SUFFRAGE. 


73 


Wednesday,]        Fitch -Earl— VVakwick—Brosnan—Nourse—DeLoxg— Ha wley.         [July  fi. 


Mr.  FITCH.  I  think  my  colleague  is  mis- 
taken ;  I  think  the  question  was  never  decided 
by  the  Supreme  Court  of  California. 

Mr.  EARL.  I  hope  we  shall  come  to  a  vote. 
and  let  this  discussion  be  ended. 

Mr.  WARWICK.  Is  it  in  order  to  offer  an 
amendment  at  this  time? 

The  CHAIRMAN.  No,  sir;  there  is  an 
amendment  now  pending. 

Mr.  WARWICK.  Will  it  be  in  order  as  a 
substitute. 

The  CHAIRMAN.  No,  sir  ;  we  have  ruled 
them  all  out. 

Mr.  WARWICK.  Will  it  be  in  order  after 
the  amendment  is  disposed  of? 

The  CHAIRMAN.  Certainly,  if  it  is  of  a 
proper  character. 

The  SECRETARY  read  the  amendment  pro- 
posed by  Mr.  Collins,  to  insert  the  word  '•  ac- 
tually "  before  the  word  "  resided." 

Mr.  EARL.  I  hope  that  amendment  will  be 
voted  down,  as  I  do  not  think  it  strength- 
ens the  language. 

The  question  was  taken  on  the  amendment, 
and  on  a  division  it  was  agreed  to — ayes,  18  ; 
noes  not  counted. 

The  question  recurred  on  the  amendment  of- 
fered by  Mr.  Banks. 

Mr.  WARWICK.  I  desire  to  offer  a  further 
amendment.  I  move  to  amend  by  inserting  af- 
ter the  words  "next  preceding  any  election,'' 
the  following  :— 

"  Who  shall  have  paid  his  State  and  Federal  poll  tax, 
and  whose  name  shall  have  been  registered  in  the  dis- 
trict in  which  he  is  residing,  by  some  person  appointed 
by  the  County  Commissioners,  at  least  ten  days  previ- 
ous to  the  election." 

Now,  sir,  there  are  various  reasons  why  this 
amendment  should  be  adopted.  In  the  first 
place,  it  would  secure  to  the  State  its  proper 
revenue  ;  and,  far  above  that,  sir,  it  woixld  as- 
sure the  purity  of  the  ballot-box.  There  is. 
probably,  no  law  that  can  possibly  be  enacted 
that  would  do  more  to  secure  the  rights  of  the 
people  of  the  new  State,  which  I  hope  is  about 
to  be  born,  than  this  amendment  which  I  here 
propose,  and  which  involves  the  adoption  of  a 
registry  law.  It  is  well  known  to  those  who 
have  had  experience  in  the  State  of  California, 
that  from  the  fraudulent  manner  in  which  elec- 
tions have  been  conducted  there,  men  have 
been  inducted  into  office,  in  the  election  of 
whom  the  people — that  is,  a  majority  of  the  re- 
spectable portion  of  the  people  —  have  had 
scarcely  any  voice  whatever.  It  has  been  the 
desire  of  all  good  men  there,  who  have  reflected 
on  the  subject,  to  secure  in  some  manner  the 
purity  of  that  palladium  of  our  liberties,  the 
ballot-box,  beyond  all  peradventure.  if  such  a 
thing  is  possible  to  be  done.  We  have  looked 
on  every  side  for  some  ark  of  security,  and  the 
only  thing  which  I  can  think  of  for  effecting 
that  purpose  is  the  amendment  which  I  have 
suggested,  namely,  the  registration  of  voters,  at 
least  ten  days  before  the  election,  in  the  dis- 
tricts in  which  they  reside. 


Mr.  BROSNAN.  The  gentleman  will  find  the 
same  thing  provided  for  in  Sec.  fl  of  this  article. 

Mr.  WARWICK.  I  had  not  had  an  opportunity 
to  examine  this  article  ;  but,  as  I  see  it  is  pro- 
vided for.  I  withdraw  the  amendment ;  and,  as 
my  friend  here  on  my  left.  (Mr.  DeLong,)  sug- 
gests, I  quietly  subside.     [Laughter.] 

The  question  was  taken  on  the  amendment 
proposed  by  i\fr.  Banks,  and  it  was  not  agreed  to. 

Mr.  NOURSE.  I  wish  to  make  one  motion 
here,  which  I  suppose  will  be  voted  down,  but 
I  will  not  occupy  much  time  with  it.  I  move 
to  simply  strike  out  the  word  ■■  white."  in  the 
first  line.  I  think  it  is  pandering  to  an  old  and 
disgraceful  prejudice— and  none  the  less  dis- 
graceful, I  will  say.  because  I  myself  have  par- 
taken of  it— against  that  race  which  is  certainly 
doing  grand  work  for  the  Union  now.  I  sup- 
pose that  here  this  is  not  in  reality  a  practical 
question,  and  while  I  would  not  be"  in  favor  of 
the  proposition  in  a  population  where  there 
would  be  a  great  many  of  those  ignorant  peo- 
ple to  turn  loose  at  the  polls,  still  I  think  here 
it  is  a  mere  theoretical  matter.  I  offer  the 
amendment,  therefore,  although  I  presume  it 
will  be  voted  down,  simply  because  I  think  it 
my  duty  to  do  so. 

The  amendment  was  not  seconded. 

No  further  amendments  being  offered,  the 
section  was  adopted. 

Mr.  DeLONG.  As  the  time  fixed  for  adjourn- 
ment has  nearly  arrived.  I  move  that  the  Com- 
mittee rise,  report  progress,  and  ask  leave  to 
sit  again. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

IN   CONVENTION. 

The  SECRETARY  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
the  subject  referred  to  them,  had  made  some 
progress  therein,  and  had  instructed  him  to  ask 
leave  so  sit  again. 

The  report  was  received,  and  leave  was  granted 
accordingly. 

Mr.  FITCH.  I  move  that  when  the  Conven- 
tion adjourn,  it  adjourn  to  meet  at  seven  o'clock 
this  evening. 

Mr.  DeLONG.  We  cannot  do  it ;  we  have  a 
standing  rule  to  the  contrary. 

Mr.  FITCH.  Oh.  we  rescinded  all  our  rules, 
and  adopted  Jefferson's  Manual  only. 

Mr.  DeLONG.  We  only  rescinded  the  rules 
of  the  Legislature,  but  the  resolution  fixing  the 
hours  of  session  was  not  rescinded,  and  that 
resolution,  when  adopted,  became  a  standing 
rule  of  the  House. 

Mr.  FITCH.  Very  well.  Mr.  President,  I 
hereby  give  notice  that  tomorrow  I  will  move 
to  reconsider  or  rescind  that  resolution,  so  as 
to  meet  hereafter  in  the  evening. 

Mr.  HAWLEY.  I  am  infoimed  that  there  is 
a  young  man  in  the  house  here.  Master  Ashim, 
who  is  studying  phonography,  and  wishes  to 
avail  himselif  of  facilities  for  practising  the  art 
here. 


74 


COMMITTEES. 


[4th  day. 


Thursday,]         Fitch — Dunne— Tozer—Bakks—Presidext—DeLoxg — Brosnax. 


[July  7. 


The  PRESIDENT.  I  would  suggest  that  there 
is  another  already  here.  Master  Lewis. 

Mr.  FITCH.  I  do  not  suppose  that  any  mo- 
tion is  necessary  in  regard  to  them  ;  they  can 
undoubtedly  come  in,  and  sit  at  the  reporters' 
table  with  the  others. 

On  motion  of  Mr.  DeLONG,  at  five  o'clock. 
P.  M.,  the  Convention  adjourned. 


FOURTH  DAY. 

Carson-,  July  7,  1864. 

The  Convention  met  at  nine  o'clock,  and  was 
called  to  order  by  the  President. 

The  roll  was  called,  and  twenty-nine  mem- 
bers responded  to  their  names ;  those  who 
failed  to  respond  being  Messrs.  Ball,  Earl. 
Haines,  Jones,  McClinton,  Morse.  Parker,  Stur- 
tevant,  Wellington,  and  Williams. 

Prayer  was  offered  by  the  Rev.  Mr  Nims. 

The  journal  of  yesterday  was  read  and  ap- 
proved. 

LIMITATION   OF    SPEECHES. 

Mr.  DUNNE  offered  the  following  resolution, 
which  was  read  and  adopted  : — 

Resolved,  That  no  member  of  this  Convention  be 
allowed  to  speak  more  than  twice  upon  any  question 
pending,  without  a  two-thirds  leave  of  the  Convention, 
if  objection  be  made,  and  not  longer  than  fifteen  min- 
utes at  any  one  time,  without  a  like  consent  of  the  Con- 
vention. 

COMMITTEE   OX   ENGROSSMENT. 

Mr.  TOZER.  I  move  that  a  committee  of 
three  be  appointed  on  engrossment,  whose  duty 
it  shall  be  to  see  that  these  articles  which  are 
adopted,  from  time  to  time,  in  Committee  of 
the  Whole,  be  properly  engrossed  for  the  con- 
sideration of  the  Convention.  If  I  understand 
the  ruling  of  the  President  correctly,  this  busi- 
ness now  goes  on  the  general  file,  and  if  it  is 
allowed  to  pass  over  for  several  days  without 
further  action,  the  minds  of  members  of  the 
Convention  are  likely  to  become  somewhat  ob- 
livious as  to  the  condition  of  the  several  arti- 
cles as  they  are  passed.  They  should,  there- 
fore, be  engrossed  from  day  to  day,  or  from 
time  to  time,  to  see  that  tliey  are  correct,  and 
to  prevent  any  confusion  which  might  other- 
wise arise  towards  the  close  of  the  session,  or, 
when,  at  a  subsequent  time,  we  take  these  mat- 
ters again  into  consideration. 

Mr.  BANKS.  I  have  no  objection  to  the  ap- 
pointment of  such  a  committee  at  this  time,  but 
does  the  gentleman  contemplate  the  engrossing 
of  these  articles  before  tliey  are  ordered  en- 
grossed by  the  Convention'.'  They  are  still 
open  to  amendment,  until  the  question  is  taken 
on  ordering  them  to  be  engrossed  for  a  third 
reading. 

The  PRESIDENT.  I  presume  they  will  all 
be  ordered  engrossed,  but  the  Convention  may, 
from  time  to  time,  consider  an  article  as  having 
been  engrossed. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 


The  PRESIDENT  subsequently  appointed  as 
such  Committee  on  Engrossment,  Messrs.  Tozer, 
Frizell,  and  Crosman. 

EVENING     SESSIONS. 

Mr.  FITCH.  In  accordance  with  notice  given 
yesterday.  I  move  that  the  vote  be  reconsid- 
ered by  which  the  Convention  adopted  the  rule 
in  respect  to  the  hours  of  meeting  and  adjourn- 
ment, with  a  view  to  offering  an  amendment, 
as  follows : — 

Resolved,  That  hereafter,  the  Convention  meet  daily 
at  nine,  A.  M.  and  adjourn  at  twelve,  M.  ;  that  it  meet 
again  at  one,  P.  M.,  and  adjourn  at  five,  P.  M. ;  thatit 
meet  again  at  seven,  P.  M.,  and  adjourn  at  such  time 
thereafter  as  a  majority  of  the  members  may  deter- 
mine. 

Mr.  DeLONG  raised  a  question  of  order,  that 
the  motion  could  not  be  entertained,  because 
notice  had  not  been  given  in  writing,  specifying 
the  particular  amendment  to  be  made  in  the 
rules. 

The  PRESIDENT,  after  discussion,  and  fre- 
quent reference  to  Jefferson's  Manual,  sustained 
the  point  of  order,  but  held  that  it  would  be  in 
order  to  move  to  rescind  the  resolution  referred 
to  by  Mr.  Fitch. 

Mr.  FITCH  moved  to  rescind  the  resolution. 

Mr.  DeLONG  raised  another  question  of  order 
on  this  motion,  and  the  subject  was  further  dis- 
cussed at  considerable  length. 

Mr.  BROSNAN  moved  to  lay  the  whole  mat- 
ter on  the  table. 

The  question  was  taken  on  the  latter  motion, 
and  upon  a  division,  it  was  agreed  to — ayes, 
14;  noes,   13. 

JUDICIAL   DEPARTMENT. 

Mr.  BROSNAN.  I  wish  to  make  a  motion 
for  the  appointment  of  a  committee.  I  make  it 
thus  early,  in  order  that,  if  the  motion  prevail, 
the  committee  it  proposes  to  raise  can  be  pre- 
pared to  report  as  soon  as  the  Convention  shall 
reach,  in  its  regular  course,  Article  VI  of  this 
Constitution,  entitled  "Judicial  Department." 
That  article,  in  my  judgment,  will  have  to  be 
materially  changed,  and  perhaps  it  will  be  nec- 
essary to  make  copies  of  such  report  as  the 
committee  may  agree  upon,  and  have  them 
ready  for  distribution  among  the  members  of 
the  Convention.  I  therefore  move  that  a  com- 
mittee of  five  be  appointed  by  the  President  to 
report  an  article,  or  amendments  to  the  article 
on  the  Judicial  Department,  and  that  the  Com- 
mittee be  instructed  to  make  their  report  by 
tile  time  the  Convention  shall  reach  the  consid- 
eration of  that  article  in  the  regular  course  of 
proceeding. 

Mr.  BANKS.  I  hope  the  gentleman  from 
Storey  will  so  frame  his  resolution  as  to  require 
the  committee  to  report  as  soon  as  possible.  If 
they  can  report  before  we  reach  that  article,  it 
will  be  an  advantage  to  the  Convention.  For 
one.  I  should  like  the  privilege  of  examining 
the  report  before  it  is  to  be  acted  upon. 

Mr.  BROSNAN.  I  have  no  objection  to  ac- 
cepting any  amendment  to  that  effect. 


4th  day.] 


COMMITTEES. 


75 


Thursday,]       Banks— Bbosnan—Nodrse-^DeLoxg— Warwick— Chapin— Kennedy.       [July 


Mr.  BANKS.  I  move  to  amend  the  motion 
so  as  to  instruct  the  committeee  to  report  "  on 
or  before  "  the  time  when  Article  VI  shall  be 
reached. 

Mr.  BROSNAN.  Very  well ;  I  will  accept 
that  amendment,  and  in  order  that  as  many 
of  the  members  of  the  bar  here  as  practicable 
may  have  an  opportunity  to  aid  in  preparing 
the  report,  and  examining  it  before  it  reaches 
the  Convention,  I  will  further  modify  the  motion 
so  that  the  committee  shall  consist  of  seven 
members. 

Mr.  NOURSE.  If  the  gentleman  _  gets  too 
many  on  the  committee,  I  fear  they  will  not  be 
able  to  make  rapid  work. 

The  question  was  taken  on  Mr.  Brosnan's 
motion  as  modified,  and  it  was  agreed  to. 

The  PRESIDENT  subsequently  appointed 
as  such  Committee  on  the  Judicial  Department. 
Messrs.  Brosnan,  Nourse,  DeLong,  Collins, 
Dunne,  Fitch,  and  Kennedy. 

COMMITTEE   ON   ENTIOLLJIENT. 

Mr.  DeLONG.  I  move  the  appointment  of 
a  committee  of  five  on  enrollment.  Of  course, 
after  we  shall  have  passed  the  various  articles, 
everything  will  have  to  be  enrolled  properly. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

The  PRESIDENT  subsequently  appointed  as 
such  Committee  on  Enrollment,  Messrs.  Haw- 
ley,  Gibson,  Hovey,  Mason,  and  Lockwood. 

THE    RULES. 

Mr.  WARWICK.  I  offer  the  following  reso- 
lution :— 

"  Resolved,  That  the  Standing  Rules  of  the  House  of 
Eepresentatives  of  the  United  States,  as  reported  in 
Jefferson's  Manual,  be  adopted  for  the  government  of 
this  Convention." 

Mr.  FITCH.  I  move  to  lay  the  resolution  on 
the  table. 

The  question  was  taken  on  the  motion  to  lay 
on  the  table,  and,  upon  a  division,  it  was  agreed 
to — ayes,  13  ;  noes,  7. 

Mr.' NOURSE.  I  propose  the  following  reso- 
lution : — 

"Resolved,  That  the  term  'Jefferson's  Manual,'  shall 
be  deemed  to  include  the  Eules  of  the  House  of  Repre- 
eentatives  of  the  United  States,  included  within  the 
book  published  under  that  title,  no  less  than  that  por- 
tion of  said  book  compiled  from  English  Parhamentary 
practice." 

This  is  a  mere   question   of  interpretation. 


The  question  was  taken  on  the  motion  to  lay 
on  the  table,  and,  upon  a  division,  it  was  agreed 
to — ayes,  17  ;  noes,  7. 

COMMITTEE   ON   STATE   SEAL,   ETC. 

Mr.  CHAPIN.  It  occurs  to  me  that  there  is 
another  matter  requiring  some  little  labor,  upon 
which  a  committee  might  very  well  be  appoint- 
ed. I  therefore  move  that  a  committee  of  seven 
be  appointed  on  a  State  Seal  and  Coat  of  Arms, 
in  order  that  we  may  have  that  subject  in  read- 
iness when  we  get  to  it. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Subsequently  the  President  appointed  as 
such  Committee  on  State  Seal,  etc.,  Messrs. 
Chapin,  Warwick,  Tagliabue,  Earl.  Wetherill, 
Folsom,  and  Hudson. 

EVENING  SESSIONS— AG.UN. 

Mr.  KENNEDY.  I  give  notice,  that,  on  to- 
morrow, I  will  move  that  the  Convention  hold 
evening  sessions  hereafter,  commencing  at  seven 
o'clock. 

Mr.  DeLONG.  I  move  that  that  be  laid  on 
the  table,  too.     [Laughter.] 

Mr.  BANKS.  I  move  that  when  this  House 
adjourn,  it  adjourn  to  meet  at  seven  o'clock, 
this  evening. 

Mr.  DeLONG.  Now  that  is  really  out  of  all 
order.     [Laughter.] 

Mr.  NOURSE.  I  understand  that  that  would 
dispense  with  the  afternoon  session. 

Mr.  BANKS.  Not  at  all ;  we  take  only  a  re- 
cess at  noon,  and  do  not  adjourn  till  five  o'clock, 
under  our  rule. 

Mr.  DeLONG.  I  rise  to  a  question  of  order. 
The  gentleman  is  amending  a  Standing  Rule  by 
a  simple  motion.  There  is  no  parliamentary 
authority  for  that. 

The  PRESIDENT,  after  some  discussion,  over- 
ruled the  point  of  order. 

Mr.  NOURSE  moved  to  lay  the  motion  of  Mr. 
Banks  on  the  table. 

The  question  was  taken  on  the  latter  motion, 
and,  upon  a  division,  it  was  not  agreed  to — ayes, 
11 ;  noes,  1.5. 

The  question  recurred  on  the  motion  of  Mr. 
Banks. 

Mr.  NOURSE.  I  would  ask  whether  a  cer- 
tificate from  this  body  to  those  gentlemen  who 
are  making  these  motions,  testifying  to  their 
extraordinary  diligence,  and  that  they  are_  ex- 
tremely anxious  to  get  through  in  a  short  time, 


There  is  a  difficulty  as  to  what  shall  be  deemed  !  would  not  an.swer  every  purpose 


and  taken  to  be  Jefferson's  Manual,  so  far 
our  resolution  adopting  it  refers  to  it.  and  1 
offer  this  resolution  for  the  purpose  of  clearing 
away  all  doubt  on  the  matter,  that  we  may 
avoid  these  long  discussions. 

Mr.  DUNNE  raised  a  question  of  order  on 
the  resolution,  that  a  proposition  to  the  same 
effect  had  once  been  voted  down  to-day,  and 
could  not  be  renewed  on  the  same  day. 

Mr.  CROSMAN.  I  move  that  the  matter  go 
upon  the  table,  with  the  balance  of  the  propo- 
sitions on  the  same  subject. 


:Mr.  BANKS.  I  wish  to  say  a  word  in  reply 
to  the  insinuation  of  the  gentleman  from  Washoe. 
Now.  sir,  I  have  been  opposed  to  all  the  mo- 
tions made  here  for  the  purpose  of  cutting  off 
debate,  and  I  never  in  my  lite  voted  for  the 
previous  question.  I  do  not  wish  to  curtail  the 
time  allowed  to  any  gentleman  in  speaking  upon 
any  proposition  before  us  ;  let  every  gentleman 
have  a  reasonable  opportunity  to  present  his 
views.  But  I  am  anxious  that  we  may  get 
through  speedily,  and  get  home  to  our  legiti- 
mate business,  and  to  that  end  I  am  willing  to 


76 


EVEXIXG    SESSION: 


[4th  day 


Thui-sday.]        Coluxs— Tozer— Lockwood— DeLoxg— Eari. — Banks— Ckawford.         [July  7. 


work  night  and  day.  I  do  not  see  any  reason 
■why  we  should  stand  around  the  streets  here, 
or  spend  our  time  in  comparing  views  on  gene- 
ral topics,  as  most  of  us  perliaps  will,  unless 
we  meet  in  the  evening.  I  think  we  ought  to 
attend  to  our  duty  during  all  the  time  we  can 
possibly  have,  and  by  that  means  we  can  se- 
cure more  thorough  discussion,  and,  in  conse- 
quence, a  better  Constitution. 

.Mr.  COLLINS.  The  gentleman  from  Hum- 
boldt has  discovered  the  thought  in  my  own 
mind,  and  well  expressed  it.  It  occurs  to  me 
as  being  reasonable  and  proper  that  we  should 
hold  evening  sessions.  As  a  general  thing 
large  deLberative  bodies  are  divided  up  into 
committees,  and  the  consequence  is,  that  the 
evenings  must  be  devoted  to  the  meetings  of 
those  committees ;  but  here  we  have  no  com- 
mittees, save  two  or  three,  which  were  appoint- 
ed this  morning  ;  and  the  report  of  one  of  those 
committees  is,  I  believe,  already  drafted.  It 
becomes,  therefore,  a  binding  obligation  upon 
us  to  hold  evening  sessions,  and  I  hope  the  mo- 
tion will  prevail. 

Mr.  TOZER.  The  action  of  the  Convention, 
on  the  first  day  —  or  rather,  the  second  day,  the 
first  being  Independence  Day  —  has  done  away 
with  most  of  the  labor  which  usually  and  ne- 
cessarily devolves  upon  a  Convention  of  this 
kind,  —  I  mean,  the  long  and  laborioiis  work  of 
framing  and  preparing  a  Constitution,  every 
part  of  which  shall  be  suited  to  all  the  other 
parts.  That  labor  has  been  almost  wholly  done 
away  with,  by  the  action  of  the  Convention  in 
adopting  (he  Constitution  which  was  prepared, 
after  great  labor  and  long  deliberation,  by  the 
former  Convention.  Nevertheless,  the  tedium, 
or  the  labor  of  going  through  with  the  work  of 
this  former  Convention,  section  by  section,  care- 
fully looking  over  and  criticising  each  provis- 
ion, necessarily  devolves  upon  us,  and  that  la- 
bor will,  of  course,  take  some  time  ;  but  it  can 
just  as  well  be  performed  by  lengthening  out 
our  sessions  into  the  evenings,  as  not.  For  one. 
I  am  anxious  to  finish  our  lal^ors,  and  get  away 
as  soon  as  possible,  and  therefore  I  hope  the 
motion  will  prevail,  and  that  we  shall  sit  an 
hour  or  two,  if  not  a  longer  time,  every  evening, 

Mr.  FITCII.     I  move  the  previous  question. 

Mr.  CRO.SM.W.  I  wish  to  ask  a  question. 
for  information  as  to  IIh;  operation  of  this  mo- 
tion. It  is,  that  when  we  adjourn,  we  adjourn 
to  meet  in  the  evening — I  wish  to  know  wheth- 
er that  will  cut  off  the  afternoon  session. 

Mr.  IJANKS.     No,  sir. 

Mr.  LOCKWOOI).  I  am  oi)]»oscd  to  evening 
sessions  generally,  but  I  observe  a  little  notice  in 
a  Virginia  paper  here,  which  says  that  the  Sto- 
rey delegation  are  endeavoring  to  expedite 
matters,  and  rather  intimating  that  the  Ormsby 
delegation  are  opposing  them  in  that  laudable 
purpose.  For  that  reason,  I  shall  vote  for  the 
motion. 

The  J'RE,SIDENT.  This  discussion  is  all  out 
of  order,  the  previous  question  having  been 
moved  and  seconded. 


Mr.  DeLONG  raised  a  question  of  order,  that 
the  demand  for  the  previous  question  had  not 
been  seconded. 

The  PRESIDENT,  after  some  discussion,  over- 
ruled the  point  of  order. 

The  question  was  taken  — "  Shall  the  main 
question  be  now  put?"  —  and.  on  a  division, 
the  vote  was— ayes,  10  ;  noes.  13, 

So  the  demand  for  the  previous  question  was 
not  sustained. 

Mr.  DkLONG  raised  a  question  of  order,  that 
the  motion  of  Mr.  L'anks  —  that  when  the  Con- 
ventio.T  adjourn,  it  adjourn  till  seven  o'clock, 
in  the  evening  —  could  not  be  entertained,  as 
such  a  motion  could  only  be  made  for  an  ad- 
journment to  a  particular  day. 

The  PRESIDENT  overruled  the  point  of  or- 
der, holding  that  though  it  might  involve  a 
change  of  the  rules,  there  was  nothing  to  pre- 
vent the  motion  from  being  made  at  any  time. 

Mr.  NOURSE  appealed  from  the  decision  of 
the  Chair. 

The  point  of  order  was  discussed  by  Messrs. 
Nourse,  Fitch,  Collins,  Warwick,  and  DeLong. 

The  question  was  taken. — "Shall  the  decision 
of  the  Chair  stand  as  the  judgment  of  the  Con- 
vention? " — and  the  vote  being  in  the  affirma- 
tive, the  decision  of  the  Chair  was  sustained, 

Mr.  EARL.  It  seems  to  me  that  this  lengthy 
discussion  has  all  been  upon  a  mere  quibble. 
If  we  want  to  change  the  rule,  we  can  do  it,  as 
the  President  has  decided,  by  a  majority  vote  ; 
and  why  not  offer  a  simple  resolution  to  have 
night  sessions,  vote  upon  it,  and  then  go  to 
work. 

Mr.  BANKS.  I  have  no  objection  at  all  to 
the  change  proposed,  but  it  occurs  to  me  that 
there  is  some  misapprehension  in  regard  to  the 
force  of  the  rule  concerning  adjournments.  It 
is  necessary  to  have  a  previous  resolution  to 
fix  the  time  of  meeting  after  the  adjournment, 
because,  otherwise,  when  the  hour  for  adjourn- 
ment arrives,  we  should  stand  adjourned  till 
the  next  day.  If  the  gentleman  from  Storey 
desires  to  substitute  the  word  "  recess,"  for  "  ad- 
journ," I  have  no  objection. 

Mr.  CRAWFORD.  We  have  consumed  a 
great  deal  of  time  on  this  question  without  ar- 
riving at  any  d<'finite  result,  and  now,  for  the 
purpose  of  settling  the  matter,  I  propose  this 
as  a  substitute  for  the  motion  of  the  gentleman 
from  Humboldt : — 

Rfsnlved,  That  when  the  hour  of  five  o'clock  arrives, 
this  (Convention  will  take  a  recess  until  seven  o'clock 

this  evcninti. 

Mr.  DkLONG.  It  strikes  me  that  that  would 
be  a  broad-faced  farce,  after  the  decision  of 
the  Chair,  which  has  just  l)een  sustained. 

The  PRESIDENT.  The  Chair  will  rule  the 
substitute  out  of  order. 

Mr.  NOURSF.  [  move  to  amend  the  motion 
of  the  gentleman  from  Humboldt,  by  adding 
the  words.  '•  and  continue  in  session,  day  and 
night,  without  ceasing,  until  a  Constitution  shall 
be  produced."    [Laughter.] 


4th.  day.] 


ENaROSSMENT. 


77 


Thursday,] 


XouRSE— DeLoxg— TozER— FiTcu— Chapi.n— DuxxE— Hawi.ey. 


[July 


The  PRESIDENT.  The  Chair  rules  that  out 
of  order. 

Mr.  NOURSE.  I  appeal  from  the  decision 
of  the  Chair,  for  the  purposs  of  stating  the  rea- 
son why  I  offered  it,  because  I  know  it  may 
look  like  a  burlesque. 

The  PRESIDENT.  The  gentleman  can  only 
state  the  grounds  of  his  appeal. 

Mr.  NOURSE.  My  grounds  are,  that  an 
amendment  to  a  resolution  is  always  in  order.  | 
if  it  is  respectful  in  its  character,  and  refers  to 
reason,  and  is  reasonable.  [Merriment.]  Now 
I  wish  to  state  that  I  offered  the  amendment 
seriously.  Why  I  oppose  night  sessions,  and 
why  I  took  part  in  the  fillibustering  which  has 
been  going  on  here,  was  not  that  I  wished  to 
exhaust  the  time,  but  I,  for  one,  would  be  phys- 
ically unable  to  endure  night  sessions.  It  is 
very  exhausting  labor  in  which  we  are  engaged. 
It  calls  for  the  exercise  of  all  the  higher  mental 
faculties.  And  I  find  myself  after  seven  hours  of 
such  mental  and  physical  exertion,  completely  ' 
exhausted.  That  is  the  reason,  and  no  other,  i 
why  I  oppose  the  resolution  ;  not  because  I  am 
not  willing  to  work  as  hard  as  anybody,  within 
reasonable  bounds,  but  because  1  find  that  time 
is  not  gained,  but  rather  is  lost,  by  attempting 
to  do  too  much,  and  working  too  many  hours. 
Now  having  stated  my  reasons,  I  withdraw  the 
appeal  and  my  amendment  also. 

Mr.  WARWICK.  I  move  that  the  subject  be  , 
indefinitely  postponed. 

The  question  was  taken,  and,  upon  a  division, 
the  motion  was  not  agreed  to — ayes,  11  ;  noes, 
15. 

Mr.  DeLONG.  I  move  that  the  i-esolution  of 
the  gentleman  from  Humboldt  (Mr.  Banks)  be 
made  the  special  order  for  to-morrow. 

Mr.  TOZER.  I  move  that  that  motion  be  in- 
definitely postponed. 

Mr.  WARWICK.  I  move  that  it  be  laid  on 
the  table. 

Mr.  FITCH.  That  would  caiTy  the  whole 
subject  to  the  table. 

Mr.  WARWICK.  I  call  the  gentleman  to  or- 
der ;  the  motion  to  lay  on  the  table  is  not  de- 
batable. 

The  question  was  taken  on  the  motion  to  lay 
on  the  table,  and  it  was  not  agreed  to. 

The  question  was  stated  on  Mr.  Tozer"s  mo- 
tion to  indefinitely  postpone. 

Mr.  BANKS.  I  hope  that  will  be  withdrawn. 
The  efiect  will  be,  of  course,  to  indefinitely 
postpone  the  whole  matter,  and  I  am  sure  the 
gentleman  does  not  want  to  do  that. 

Mr.  TOZER.  We  have  consumed  nearly,  if 
not  quite  a  whole  hour,  on  this  matter,  and  if 
my  motion  to  indefinitely  postpone  will  have 
the  elf 'Ct  of  getting  rid  of  the  subject  in  some 
way.  I  shall  be  glad  to  see  it  carried. 

The  question  was  taken  on  the  motion  to  in- 
definitely postpone,  and,  upon  a  division,  it  was 
not  agreed  to— ayes.  9  ;  noes,  14. 

The  question  was  taken  on  Mr.  DeLong's  mo- 
tion to  make  the  motion  of  Mr.  Banks  the  special 
order  for  to-morrow,  and  it  was  not  agreed  to. 


The  question  was  then  taken  on  Mr.  Banks' 
motion,  and  it  was  agreed  to. 

Mr.  DeLONG.  I  voted  with  the  majority,  and 
I  give  notice  of  a  motion  to  reconsider. 
[Laughter.] 

Mr.  CHAPIN.  I  trust  that  my  colleague  will 
be  allowed  to  waste  as  much  time  as  he  pleases, 
now ;  we  have  consumed  nearly  two  hours 
already,  to-day,  and  accomplished  scarcely  any- 
thing. 

The  PRESIDENT.  The  gentleman  is  not  in 
order  ;  there  is  nothing  before  the  Convention. 

Mr.  CHAPIN.  I  rise,  not  to  a  question  of 
order,  but  to  a  question  of  business. 

The  PRESIDENT.  Business  does  not  seem 
to  be  before  the  Convention  this  morning. 
[Laughter.] 

Mr.  TOZER.  I  rise  to  make  a  motion.  It  is, 
that  my  colleague  on  my  left.  (Mr.  DeLong.)  be 
furnished  with  a  large  copy  of  Jefferson's  Man- 
ual and  a  small  room  adjacent  to  this,  so  that 
he  can  practice  by  himself     [Great  laughter.] 

order  of  business. 

Mr.  FITCH.  I  suggest  that  we  take  up  the 
general  file,  and  dispose  of  Article  I,  which 
was  reported  from  Committee  of  the  Whole 
yesterday,  and  then  go  into  Committee  of  the 
Whole  on  Article  II. 

Mr.  DeLONG.  Is  that  the  order  of  business 
— the  general  file? 

The^RESIDENT.  No  ;  it  is  the  last  in  the 
order  of  business.  The  order  is  the  second 
reading  and  reference  of  resolutions,  and  under 
that  we  can  refer  any  matters  to  the  Committee 
of  the  Whole. 

Mr.  DeLONG.  Then  if  we  go  into  Committee 
of  the  Whole,  we  should  never  reach  the  gen- 
eral file. 

The  PRESIDENT.  The  Secretary  informs 
me  that  the  general  file  should  have  preceded 
the  eighth  order  of  business,  and  I  think  it 
would  be  better  than  to  make  it  last,  as  has 
been  done.  If  it  is  the  desire  of  the  Conven- 
tion, the  order  of  business  can  be  changed. 

Mr.  DL'NNE.  I  move  to  change  the  order 
of  business,  so  that  the  general  file  shall  be 
the  eighth  on  the  list. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

DECI.ARATIOX   OF   RIGHTS. 

The  PRESIDENT.  Business  on  the  general 
file  is  now  in  order,  the  question  being  on  the 
engrossment  of  Article  I,  entitled  Declaration 

of  Rights. 

Mr.  HAWLEY.  The  committees  on  Enroll- 
ment and  Engrossment  should  be  authorized 
to  employ  clerical  labor,  at  so  much  per  folio. 
I  am  under  the  impression  that  that  course  will 
be  found  to  save  expense,  secure  the  perform- 
ance of  the  labor,  and  be  the  most  satisfactory 
to  the  Convention  ;  but.  no  arrangements  having 
yet  been  made,  if  that  article  is  passed  to  en- 
grossment, the  committee  will  be  at  a  stand- 
still. 


78 


ENGROSSMENT. 


[4th  day. 


Thursday,]        DeLoxg  — Hawi.ey— Warwick—Tozer— Noursb— Brosxan— Chapix.        [July  7. 


Mr.  DeLOXG.  The  Convention  generally 
disagrees  with  me  on  questions  of  order.  I  know  : 
but  I  suggest  that  a  bill  is  only  engrossed  be 
tore  it  is  passed,  and  enrolled  afterwards.  The 
object  of  engrossing  is  to  get  it  quite  correct 
before  we  pass  it,  and  then,  after  its  passage,  we 
enroll  it. 

The  PRESIDENT.  The  gentleman  is  correct. 
but  it  may  be  considered  engrossed. 

Mr.  BANKS.  The  question  comes,  without 
any  motion,  upon  the  engrossment  of  the  Article. 

Mr.  FITCH.  I  movelhat  the  Article  be  con- 
sidered engrossed,  and  placed  upon  its  third 
reading  and  final  passage. 

Mr.  HAWLEY.  I  suggest  whether,  in  view 
of  the  fact  that  certain  amendments  were  madi 
in  the  Article,  it  should  not  be  actually  engrossed 
before  we  pass  it,  and  let  the  Engrossing  Com 
mittee  report  upon  it  regularly.  I  think  tha' 
is  the  best  policy. 

Mr.  DeLONG.  I  hope  it  will  be  engrossed 
Is  the  Convention  willing  to  consider  a  con 
fused  lot  of  amendments,  pasted  on,  interlined 
in  pencil,  and  every  way.  as  having  been  en 
grossed,  and  pass  the  article  in  that  shape? 
Especially  in  so  serious  a  matter  as  a  funda 
mental  law.  the  bill  should  certainly  first  be 
engrossed  plainly,  and  compared  by  the  reg 
ular  committee.  I  know  it  is  the  practice  some 
times  in  legislative  bodies  to  consider  bills  en 
grossed,  but  I  should  certainly  desire,  in  so  im 
portant  a  matter,  to  have  a  committee  examine 
and  report  upon  it,  before  its  final  passage. 

Mr.  WARWICK.  As  we  are  now  about  or- 
ganizing a  State  Government,  I  shall  object,  in 
every  instance,  to  considei'ing  anything  en 
grossed. 

Mr.  FITCH.    I  withdraw  the  motion. 

Mr.  BANKS.  Now  I  submit  that  the  ques 
lion  is  on  the  engrossment,  without  anv  motion. 

The  PRESIDENT.     That  is  the  question. 

EXGROSSMEXT. 

Mr.  HAWLEY.  The  Committee  will  find 
themselves  at  a  loss,  and  the  Secretary  of  the 
Convention  will  find  no  one  to  whom  he  can 
hand  the  document  to  be  engrossed,  because  no 
provision  has  been  made  for  engrossing.  ] 
will  make  a  motion  tiiat  (he  Committee  on  En 
grossment  Ik-  authorized  to  cniijloy  clerical 
labor,  at  thirty  cents  ]>vv  folio,  for  the  purpo.sc 
of  having  properly  engrossed  the;  Resolution 
Ordinance,  Preamble,  and  Article  I  of  the  Con 
etitution. 

The  PRESIDENT.  That  motion  cannot  be 
entertained  without  a  suspension  of  the  ordei 
of  business. 

Air.  IIAWEEY.  Very  well  ;  I  move  that  the 
rules  be  suspended,  in  order  to  get  the  motion 
before  the  (convention. 

The  PRESIDENT.  In  order  that  the  C<m 
vention  may  understand  what  has  already  been 
done,  the  Secretary  will  read  that  jjortion  o' 
the  report  of  the  "Committee  on  Olfieers  and 
Salaries,  adopted  on  the  second  day  of  the  ses 
sion,  which  has  reference  to  this  subject. 


The  SECRETARY  read,  as  follows  :— 

To  the  President  and  Members  of  the  Constitutional 
Convention  :  Your  Committee  on  Subordinate  Officers 
and  Compensation  bep  leave  to  report;  That  in  view 
of  a  short  session,  they  deem  it  advisible  that  an  as- 
.sistant  Secretary  be  employed,  and  that  enrolling  and 
engrossing  clerks  be  specially  appointed,  when  they 
may  be  needed,  at  the  close  of  the  session. 

The  question  was  taken  on  the  motion  to 
suspend  the  rules,  and  it  was  agreed  to. 

Mr.  TOZER.  I  have  prepared  a  resolution 
which,  with  the  leave  of  the  gentleman  from 
Douglas,  I  will  offer. 

Mr.  HAWLEY.     Very  well. 

The  SECRETARY  read  Mr.  Tozer's  resolu- 
tion, as  follows  : — 

Resolved,  That  the  committees  on  Engrossment  and 
Enrollment  are  hereby  authorized  and  empowered  to 
appoint  a  clerk  to  each  of  said  committees  respectively, 
it  a  salary  to  be  fixed  by  the  said  committees,  and  its 
payment  to  be  provided  for  as  the  salaries  of  other  offi- 
cers and  attaches  of  the  Convention. 

Mr.  NOURSE.  I  do  not  think  that  is  the 
best  way.  I  think  the  best  way  would  be  for 
fhe  committees  to  employ  the  clerks  as  they 
find  they  need  them.  I  do  not  fancy  having 
clerks  on  salaries,  who  would  be  half  the  time 
idle.  There  is  plenty  who  are  idle  now.  Let 
them  put  the  compensation  at  a  reasonable 
figure,  and  employ  no  more  than  is  necessary. 

Mr.  TOZER.  Nothing  can  be  more  neces- 
sary than  to  employ  clerical  labor,  to  enable  us 
to  get  through  our  business. 

Mr.  NOURSE.  I  oppose  the  appointment  of 
a  standing  clerk  for  each  committee. 

Mr.  HAWLEY.  I  suggest  that  the  resolution 
be  amended  so  as  to  authorize  each  committee 
to  employ  a  clerk,  at  such  price  per  folio  as 
they  may  fix  upon,  to  perform  the  necessary 
labor. 

Mr.  NOURSE.  I  suggest  that  it  be  made  to 
read,  that  they  procure  such  writing  as  is  neces- 
sary to  be  done. 

Mr.  TOZER.  I  understand  that  some  writing 
must  be  done  every  day,  and  the  committees 
cannot  very  well  run  off.  upon  the  spur  of  the 
moment,  and  find  the  man  that  will  do  the  work 
cheapest.  We  must  have  somebody  all  the 
while,  at  two,  three,  four,  or  five  dollars  a  day, 
or  at  so  much  a  folio,  to  be  here  all  the  while, 
ready  to  do  the  work.  The  committees  can 
make  the  compensation  so  much  a  folio. 

Mr.  HAWLEY.  I  believe  in  employing  com- 
petent clerks  and  paying  them  well.  I  will 
offer  no  amendment. 

Mr.  BROSNAN.  I  move,  as  an  amendment, 
^0  insert  after  ''  salary  "  the  words  "  not  to  ex- 
ceed ten  cents  a  folio.'"  He  is  a  poor  clerk 
who  cannot  write  more  than  one  hundred  and 
fifty  folios  a  day. 

Mr.  PROCTOR.  But  the  enrolling,  at  least, 
must  be  done  very  nicely. 

Mr.  TOZER.  I  think  the  sum  named  is  too 
^mall,  altofrcther. 

Mr.  NOUFiSE.  It  appears  to  me  that  twenty 
cents  a  folio  would  be  about  right. 

Mr.  CHAPIN.    The  enrolling  cannot  be  done 


4th  day.] 


ENGROSSMENT. 


79 


Thursday,] 


Hawlet — Chapix — Banks — Tozer — President— Crosman. 


[July  7. 


at  any  such  price ;  it  must  be  done  with  the 
greatest  care  and  nicety.  As  for  the  engross- 
ing, however.  I  do  not  see  the  necessity.  Here 
we  have  made  only  slight  amendments  to  Arti- 
cle I,  and  why  not  let  the  committee  examine 
that  and  see  that  it  is  all  correct,  without  en- 
grossing it.  If.  in  any  case,  there  are  extensive 
alterations,  let  them  procure  a  clerk  to  do  the 
work,  and  pay  him  what  it  is  worth.  I  hope 
it  will  be  left  in  the  hands  of  the  committees ;  in 
that  way  they  can  avoid  a  great  deal  of  ex- 
pense. 

Mr.  HAWLEY.  I  understand  the  lowest 
price  paid  here  for  any  official  copying  is  twenty- 
five  cents  per  folio  ;  it  was  formerly  thirty- 
five  cents. 

Mr.  CHAPIN.  I  am  just  informed,  by  the 
clerk  of  the  former  Convention,  that  the  bill  of 
the  engrossing  clerk  last  year  was  S580.  And 
— I  am  glad  to  have  from  him  an  expression  on 
the  subject— he  tells  me  that  there  is  no  neces- 
sity for  that  expense  whatever.  I  am  fully  sat- 
isfied that  the  expense  may  be  avoided  if  we 
leave  the  subject  with  the  committee,  after  this 
expression  of  the  sense  of  the  Convention  on 
the  subject. 

Mr.  BANKS.  I  have  seen  so  many  serious 
errors  committed  in  much  less  important  mat- 
ters than  a  State  Constitution,  that  I  am  in- 
clined to  insist  that  we  should  have  all  these 
matters  presented  to  us  in  a  clear  and  con- 
nected form,  as  they  only  can  be  presented  by 
an  engrossment.  Gentlemen  will  remember 
that  in  the  last  Convention  there  were  engross- 
ment and  re-engrossment,  but  in  this  Conven- 
tion I  think  there  will  be  no  such  bill  as  five 
hundred  dollars.  In  order  that  we  may  have 
our  proceedings  correctly  filed  away,  in  such  a 
form  that  there  can  be  no  mistake  about  them, 
in  view  of  the  importance  of  the  work  we  are 
engaged  upon,  I  do  insist  that  we  go  through 
with  all  the  regular  parliamentary  practices 
and  formalities,  which  are  designed  for  secur- 
ing safety.  Let  us  have  the  whole  Constitution 
engrossed,  so  that  our  engrossed  and  enrolled 
bills  can  all  be  filed  away  in  such  a  condition 
as  to  leave  no  doubt  in  regard  to  what  our  ac- 
tion may  have  been.  I  know  that  when  the 
late  amendments  to  the  Constitution  of  Califor- 
nia were  passed  by  the  Legislature  of  1862. 
there  were  some  careless  proceedings,  the  re- 
sult of  which  was  that  it  required  the  expen- 
diture of  a  large  amount  of  money  in  the  em- 
ployment of  experts,  and  the  sending  off  of 
committees,  to  find  what  the  Legislature  of 
1862  had  really  done.  And  even  to  this  day. 
I  defy  any  person  to  determine,  with  any  de- 
gree of  certainty,  just  what  that  Legislature  did 
enact,  in  regard  to  amending  the  Constitution 
of  California.  I  hope  that,  in  our  desire  to  save 
a  little  by  doing  without  engrossment,  we  shall 
not  run  upon  any  snag  of  that  kind. 

Mr.  TOZER.  I  believe  that  the  Engrossing 
Committee  is  entirely  competent  to  take  super- 
vision of  this  matter,  and  see  that  the  amend- 
ments made  are  all  properly  engrossed  and  cor- 


rectly presented  for  the  subsequent  action  of 
the  Convention.  I  wish  to  avoid  all  unneces- 
sary expense,  but,  at  the  same  time,  let  us  em- 
ploy such  clerical  labor  as  may  be  required,  at 
a  fair,  reasonable  price — not  an  exorbitant  price 
— whether  it  amounts  to  one,  two,  or  five  hun- 
dred dollars. 

The  PRESIDENT.  At  thirty  cents  per  folio, 
the  engrossing  of  the  whole  Constitution  would 
amount  to  about  six  hundred  dollars,  but  I  pre- 
sume the  Committee  would  have  the  power  to 
direct  the  engrossment  of  such  parts  only  as 
may  be  amended. 

Mr.  CHAPIN.  Yes,  sir ;  we  shall  depend, 
mainly,  on  the  enrolled  copy,  and  examine  that 
more  critically. 

Mr.  BANKS.     Suppose  that  is  wrong  ? 

Mr.  CHAPIN.     Then  make  it  right. 

Mr.  BANKS.  Why,  Mr.  President,  it  is  passed, 
then  ;  we  want  to  examine  it  critically,  while 
we  have  still  power  and  opportunity  to  correct 
it. 

Mr.  CROSMAN.  The  proposition  now  before 
us  leaves  it  all  to  the  discretion  of  the  commit- 
tees, and  I  hope  the  Convention  will  leave  it 
with  them,  and  let  them  employ  such  clerical 
labor  as  they  need.  The  presumption  is  that 
they  will  not  employ  more  than  is  absolutely 
required.  I  call  for  the  question  on  the  adop- 
tion of  the  resolution. 

The  resolution  was  again  read. 

Mr.  CHAPIN.  I  move  to  amend  the  resolu- 
tion, by  striking  out  the  word  "  salary,'"  and  in- 
serting the  word  •'  compensation." 

Mr.  TOZER.    I  accept  the  amendment. 

The  question  was  taken  on  the  adoption  of 
the  resolution,  as  modified,  and  it  was  adopted. 

The  PRESIDENT.  The  question  now  is  on 
ordering  these  several  matters  to  be  engrossed 
for  a  third  reading — the  Resolution.  Ordinance, 
Preamble,  and  Article  I  of  the  Constitution. 

Mr.  CROSMAN.  I  suggest  that  they  be  read 
by  title,  and  referred  to  the  Committee  on  En- 
grossment. 

Mr.  HAWLEY.  I  suggest  that  they  be  ar- 
ranged in  the  following  order  :  The  Preamble, 
the  Resolution,  the  Ordinance,  and  the  Article. 

The  PRESIDENT.  That  can  be  decided  upon 
hereafter. 

Mr.  BANKS.  It  occurs  to  me  that  we  had 
better  settle  the  order  now.  I  think  our  Ena- 
bling Act— I  am  not  quite  clear  upon  that  point 
— requires  that  the  first  thing  wo  do.  after  our 
organization,  should  be  the  adoption  of  that 
resolution  which  was  proposed  and  passed  on 
the  first  or  second  day  of  the  session,  and  there- 
fore I  think  that  should  come  first,  or  before 
the  preamble,  and  I  will  move  that  it  have  that 
position. 

The  PRESIDENT.  I  suppose,  in  the  absence 
of  instructions,  the  Committee  on  Engrossment 
could  arrange  it  as  they  please. 

Mr.  BANKS.  In  order  to  settle  any  question 
of  doubt,  I  will  move,  further,  that  the  ordi- 
nance be  placed  next  in  the  list,  over  the  pre- 
amble. 


80 


RIGHT  OF  SUFFRAGE. 


[4th  day. 


Thursday.] 


Chapin — President— HovKY — Dunne — Warwick. 


[July  7. 


Mr.  CHAPIN.    It  occurs  to  me  that  we  shall       Mr.  DUNNE.     I  move  to  amend  the  substi- 
find  it  necessary  many  times  before  we  get  i  tutc  by  striking  out  the  words  "  or  disloyal,"  in 


through  to  discuss  this  matter  of  arrangement, 
and  I  think  it  would  be  well  now,  or  at  some 
other  time,  to  appoint  a  Committee  on  Arrange- 
ment. 

Mr.  BANKS.  With  that  understanding,  I  am 
verv  willing  to  withdraw  my  motion. 

The  PRESIDENT.  We  found  it  necessary  in 
the  old  Convention  to  appoint  a  committee  on 
the  phraseology  and  arrangement  of  the  differ- 
ent sections,  and  they  were  arranged  and  re- 
arranged at  different  times.  Parts  of  the  Con- 
stitution, report;ed  by  a  committee  on  one  de- 
partment, when  they  came  to  be  acted  upon.  {  Fecierai'Goveriinient 
were  sometimes  discovered  not  to  be  in  the 
proper  place,  and  were  therefore  transferred  to 
another  department.  The  appointment  of  such 
a  committee  is  doubtless  the  most  feasible  way 
of  disposing  of  the  matter. 

The  question  was  taken  en  masse  (by  general 
consent,)  on  ordering  the  Resolution,  Ordinance. 
Preamble,  and  Article  I,  to  be  engrossed  for  a 
third  reading,  and  decided  in  the  affirmative. 

Accordingly,  the  resolution  adopting  the 
Constitution  of  the  United  States,  the  ordinance 
concerning  slavery  and  other  matters,  the  pre- 
amble, and  Article  I  of  the  Constitution,  en- 
titled Declaration  of  Rights,  were  severally 
read  by  title,  ordered  engrossed,  and  referred 
to  the  Committee  on  Engrossment. 


the  last  sentence,  and  inserting  the  word  "  or" 
before  ■•  insane,"  so  that  it  will  read  : 

And  no  idiot  or  insane  person  shall  be  entitled  to 
the  privilege  of  an  elector. 

Mr.  WARWICK.  If  I  understand  the  drift 
of  the  substitute  now  offered,  it  is  to  strike  out 
from  the  section  as  it  now  stands  that  portion 
which  reads  as  follows  : — 

And  no  person  who,  after  arriving  at  the  age  of 
eighteen  years,  shall  have  voluntarily  borne  arms 
against  the  United  States,  or  held  civil  or  military  office 
under  the  so-called  Confederate  StateB,  or  either  of 
them,  unless  an  amnesty  be  granted  to  such  by  the 


RIGHT   OF   SUFFRAGE. 


Mr.  FITCH  moved  that  the  Convention  re- 
solve itself  into  a  Committee  of  the  Whole,  for 
the  further  consideration  of  Article  II,  entitled 
Right  of  Sufi'rage. 


The  CHAIRMAN.    Yes,  sir. 

Mr.  WARWICK.  I  would  respectfully  in- 
quire of  the  gentleman  who  offers  that  substi- 
tute, the  reason  for  desiring  to  confer  the  priv- 
ilege of  the  elective  franchise  upon  such  as 
have  borne  arms  in  this  rebellion,  for  the  pur- 
pose of  destroying  the  government  under  which 
we  live.  I  would  ask  the  gentleman  if  he  is  not 
willing  to  await  the  action  of  the  General  Gov- 
ernment in  this  matter  hereafter,  by  an  act  of 
amnesty,  pardon,  or  otherwise,  or  if  he  is  will- 
ing that  those  who  have  raised  their  hands  in 
treason  against  that  Government,  and  endeav- 
ored to  destroy  its  life,  shall  participate  in  the 
elective  franchise  among  us — that  when  they 
are  no  longer  able  to  bear  arms  against  the 
Government  they  may  be  permitted  to  strike  at 
it  covertly,  through  the  ballot-box,  in  order  to 
accomplish  that  destruction  which  they  have 
been  unable  to  effect  with  arms  in  their  hands. 
I  can  see  no  good  reason  for  the  substitute  pro- 


The  question  was  taken,  and  the  motion  was  i  posed  ;  the  section  suits  me  as  it  stands,  and  I 
agreed  to.  I  lio\)>^  it  will  be  adopted  without  amendment. 

Mr.  DUNNE.  I  rise  to  a  point  of  order.  I 
believe  the  gentleman  is  speaking  to  the  sub- 
stitute, while  the  question  is  on  the  amendment 
offered  by  myself.  That  amendment  leaves  in 
the  portion  which  he  is  arguing  ought  not  to 
be  stricken  out. 

The  CHAIRMAN.  The  gentleman  is  speak- 
ing. I  understand,  to  the  whole  subject  matter 
which  is  before  the  Committee. 

Mr.  WARWICK.    I  am  willing  to  give  way 
till  the  gentleman  from  Humboldt  explains  his 
amendment. 
Mr.  DUNNE.    By  permission  of  the  gentle- 
^^^^^.l^V^^Z'^H^^^l^^^   from   Lander,  then.  I  will   say   that  my 
,  unless  restored  to  civil  rights,  and  no   amendment  simply  Strikes  out  the  word     dis- 
fter  arriving  at  the  age  of  eighteen  years, ,  loyal."     The  effect,  as   distinguished  from  the 
shall  have  voluntarily  borne  arms  against  the  United    substitute   of   the   gentleman   from   Storey,  (Mr. 
States,  or  held  civil  or  military  office  under  the  so-called  |  it  n  .vnnlil    he    th'it  whiM-eas   the  substitute 

Confederate  States,  or  either  of  them,  unless  an  am-    tiovcy,)  wouiu    De,  tnai  wnueas  me  suDSiuuie 
nesty  be  granted  to  such  by  the  Federal  Government,  .  would  prevent  all  persons  who  have  voluntarily 


COMMITTEE' OF    THE   WHOLE. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (Mr.  Fitch  in  the 
chair.)  and  resumed  consideration  of  Article  II, 
entitled  Right  of  Suffrage. 

The  Committee  proceeded  to  consider  the 
Article  by  sections,  commencing  with  Section 
2,  which  had  been  reached  when  the  Article 
was  last  under  consideration  in  Committee.  ^ 

DISFRANCHISEMENT  OF    REBELS. 

Section  2  was  read,  as  follows  : — 

Sec.  2.  Xo  person  vifho  has  been  or  may  be  convicted 
of  treason  or  -      • 

United  States 
person  who,  after  arriving  at  the  age  of  eighteen  years. 


and  no  idiot,  insane,  or  disloyal  person,  shall  be  enti 
tied  to  the  privilege  of  an  elector. 

Mr.  HOVEY.     I  offer  the  following  as  a  sub- 
stitute for  the  section  :  - 


borne  arms  from  voting,  unless  an  amnesty  be 
granted,  the  striking  out  of  the  word  "  disloyal  " 
alone,  still  leaving  those  words  in,  would  allow 
those  persons  who  may  be  pardoned  under  the 


Sec.  2.  No  person  who  has  been  or  maybe  convicted  '  amnesty  proclamation,  the  right  to  vote  ;  but  it 
of  treason  or  felony,  in  any  State  or  Territory  of  the  I  would,  at  the  same  time,  prevent  the  man  who 
United  States,  unless  restored  to  cjvil  rights,  and  no  .j^.^^  g^.,,^,^.^   ^^  Colonel,  or  in  any  higher  rank, 


idiot,   insane  or  disloyal  persor,  shall  be  entitled  to 
the  privilege  of  an  elector. 


in  the  army  of  the  rebellion,  (who  are  not  in- 


4th  day.] 


RIGHT   OF  SUFFRAGE. 


81 


Thursday,] 


Warwick — Hawlet — Hoat:y. 


[July  7. 


eluded  in  the  amnesty,)  from  voting,  witliont 
the  necessity,  in  order  to  preclude  them,  of  their 
being  convicted  of  treason.  The  fact  of  such 
men  holding  these  positions  would  alone,  under 
my  amendment,  prevent  them  from  exercising 
the  right  of  suffrage. 

Mr.  WARWICK.  I  oppose  both  the  amend- 
ment and  the  substitute  jiroposed.  I  can  see 
no  good  reason  why  those  who  are  now,  or  who 
have  been,  in  the  past,  fighting  with  arms  in 
their  hands  against  the  life  of  this  Government, 
should  be  admitted  to  the  privilege  of  the  elec- 
tive franchise  in  our  new  State.  It  is  well 
known,  sir,  the  thing  is  patent  to  every  mem- 
ber here  who  has  traveled  this  Territory,  that 
it  has  been  made  the  place  of  refuge  for  the 
scum  and  offscourings  of  the  rebel  States.  Un- 
able to  bear  arms  longer  against  the  Govern- 
ment, they  have  sought  a  refuge  in  our  moun- 
tains and  hills,  and  to-day  many  of  them  are 
scarcely  able  to  restrain  the  treason  with  which 
they  are  filled  to  bursting  in  every  pore.  I 
have  met  them  by  the  score  in  the  county  I 
have  the  honor  to  represent.  Hundreds  of 
rebels,  open  mouthed,  are  there,  ready  for  any 
enterprise  which  is  not  too  dangerous.  Whole 
neighborhoods  there,  are  infected  with  treason. 
Now,  I  ask  if  we  are  going  to  open  the  door  to 
admit  to  the  elective  franchise  men  of  that 
class,  at  the  moment  when  we  are  forming  a 
new  State  ?  For  what  reason  are  we  to  be- 
come a  State  ?  To  add  strength  to,  and  not  to 
weaken,  the  General  Government.  AVe  are  to 
be  the  first  State  of  that  chain  of  States  which 
is  hereafter  to  connect  the  Western  borders 
of  the  Republic  with  the  East.  It  is  well  known 
that  our  Territory  is  so  large,  and  our  popula- 
tion so  spai-se  and  so  little  organized,  that  this 
is  the  place  sought  out  already  as  the  home  of 
rebels  from  Missouri,  from  Kentucky,  from 
Alabama,  and  from  all  the  reViel  States  of  the 
South-west.  Unable  to  find  any  longer  a  re- 
fuge at  home,  they  have  sought  it  here,  bearing 
their  treason  along  with  them.  For  that  rea- 
son I  am  for  surrounding  the  ballot-box  here 
with  every  possible  safeguard  which  we  can  de- 
vise. I  am  willing,  for  our  own  safety,  until 
the  General  Government  shall  grant  an  am- 
nesty, at  least,  to  say  to  every  one  of  those 
men  who  have  dared  to  raise  their  hands 
against  the  nation's  life,  "  You  have  forfeited 
the  right  of  suffrage,  sacred  to  freemen,  and 
never  shall  you  exercise  it  again."  For  this  rea- 
son I  hope  'that  this  Section  2,  as  adopted  by 
the  former  Convention,  will  be  allowed  to 
stand,  line  for  line,  and  letter  for  letter,  so  that 
no  disloyal  man,  no  man  tainted  with  treason, 
covered  with  the  stain  of  rebellion,  spotted 
with  the  leprosy  of  national  murder,  shall  be 
allowed  to  share  in  the  elective  franchise  with 
us  who  have  battled  to  drive  treason  from  our 
shores,  and  to  save  California,  and  Nevada, 
and  Oregon,  from  the  grasp  of  those  who 
wouli  have  murdered  the  nation  if  they  could. 
I  sincerely  trust  that  this  section  will  stand 
unaltered,  and  that  no  amendment  will  be 
F 


allowed  to  imperil  it  in  the  slightest  de- 
gree. 

Mr.  ITAWLEY.  I  conceive  that  the  duty 
which  this  Convention  has  to  perform,  in  refer- 
ence to  either  the  adoption  of  this  section  un- 
der consideration,  or  its  amendment,  is  a  diffi- 
cult one. 

Mr.  HOVEY,  (interrupting.)  If  the  gentle- 
man will  give  way  a  moment,  I  will  accept  the 
amendment  of  the  gentleman  from  Humboldt, 
(Mr.  Dunne,)  which  cures  the  evil  he  antici- 
pated. 

Mr.  HAWLEY.  Even  then,  I  say.— and  I 
have  but  a  few  remarks  to  make— tha't  tlie  duty 
before  the  Convention,  in  either  the  adoption 
or  the  rejection  of  the  section  under  considera- 
tion, is  beset  with  difficulties.  One  principal 
objection  to  this  Constitution,  and  to  the  arti- 
cle we  have  under  consideration,  when  sub- 
mitted to  the  people  last  fall  for  their  adop- 
tion or  rejection,  was  that  it  legislated  too 
much.  _  Now,  sir,  to  come  directly  to  the  point, 
I  submit  to  the  Convention  whether  it  becomes 
us  to  legislate  upon  this  subject,  when,  in  the 
very  nature  of  things,  such  legislation  can  ef- 
fect nothing  at  present.  No  provision  of  this 
kind  can  have  any  effect  at  the  en.suing  elec- 
tion. I,  sir,  was  born  and  raised  in  the 
South,  and  have  been  subject  all  my  life 
to  the  influences  which  have  been  brought  to 
bear  upon  the  young  men  of  that  section,  and 
I  assert  that  I  believe  no  man  exists  who  is 
freer  from  the  taint  of  disloyalty  to  the  Gov- 
ernment of  ti.0  United  States' than  I  am.  And, 
sir,  I  am  utterly,  uncompromisingly  opposed  to 
the  extension  of  the  elective  franchise  to  those 
men  who  nourish  in  their  hearts  one  atom  of 
hostility  to  the  Constitution  of  the  United 
States,  or  to  the  Federal  Government,  as  it  was 
established  by  our  forefathers.  But  I  never- 
theless question  very  much  whether  the  adop- 
tion of  this  section  as  it  now  stands  will  be  of 
any  benefit.  I  submit  to  the  Convention  that 
it  is  a  matter  which  should  be  left  entirely  to 
the  action  of  the  first  Legislature  which  is  to 
convene  under  our  State  Constitution.  One 
thing  is  certain,  that  if  this  section  stands,  (and 
I  have  no  objection  to  allowing  it  to  stand  so 
far  as  the  princi2)lcs  involved  are  concerned,) 
it  can  have  no  possible  effect,  however  wise 
and  judicious  it  may  bo,  upon  the  status  of  the 
voters  at  the  election  at  which  the  adoption  or 
rejection  of  the  Constitution  is  to  l)e  deter- 
mined. Now,  sir,  you  will  find,  by  following 
through  this  section,  that  it  is  provided  — and  I 
trust  that  the  Constitution  we  are  aljout  to 
frame  may  contain  the  same  feature — that 

"  Provision  shall  be  made  by  law  for  the  registration 
of  the  names  of  the  electors  within  the  counties  of 
which  they  may  be  residents,  and  for  the  ascertain- 
ment by  proper  proofs  of  the  persons  who  shall  be  en- 
titled to  the  right  of  suflrage  as  hereby  established." 

I  trust  that  the  first  Legislature  under  this 
Constitution  will  provide  such  a  registiy  law, 
and  that  in  it  they  will  provide  not  only  that 
every  man  who  seeks  to  vote  shall  have  been 


82 


RIGHT  OF  SUFFRAGE. 


[4th  day. 


Thursday,] 


DeLoxg — Hawley — Dunne. 


[July  7. 


six  months  a  resident  of  the  State,  and  thirty 
days  a  ronidont  of  the  county,  and  that  it  shall 
bca  duty  iiicuiiibenl  upon  him  to  have  his  nami' 
registered  ))i'fore  the  recurrence  of  every  gene- 
ral election  at  \vhich  he  seeks  to  exercise  the 
right  of  the  elective  franchise,  but  that  at  the 
time  of  such  registration,  every  man  shall  take 
and  subscribe  an  oath  to  support  the  Constitu- 
tion of  the  United  States  ;  that  there  and  then 
he  shall  perform  a  lustration  by  which  he  shall 
])urge  himself  of  any  taint  of  treason,  if  any 
such  taint  remains  upon  him.  Now,  sir,  the 
only  question  with  me  is,  whether  it  is  expedi- 
ent'to  retain  this  language  in  the  second  sec- 
tion ;  whether  it  is  not  too  much  to  place  in  a 
State  Constitution  ;  whether  it  is  not  better  for 
us  to  leave  the  regulation  of  the  qualifications 
of  voters  to  an  enactment  to  be  made  by  the 
first  Legislature. 

I  fully  agree  with  the  gentleman  from  Lan- 
der, (Mr.  Warwick,)  that  there  are  men  in  this 
Territory  who  are  tainted  with  the  crime  of| 
treason  ;  men  who  are  hostile  to  the  Constitution 
of  their  country  and  the  institutions  of  our  fore- 
fathers, men  who.  if  their  acts  could  be  known 
and  placed  proi)erly  before  the  legal  tribunals, 
would  forfeit  their  lives  to  the  outraged  laws  of 
their  country.  And,  sir,  I  believe  in  he<lging 
these  men  around,  not  only  with  legislative  pro- 
scriptions, but,  if  necessary,  with  bayonets  also  ; 
and  1  would  so  close  up  the  hedge  as  to  render 
it  certain  that  they  should  be  powerless  to  do 
harm.  I  have  myself  conversed  with  men  born 
under  the  flag  of  our  country,  who  stated  that 
they  considered  themselves  merely  as  aliens  in 
our  midst,  and  did  not  ask  to  be  protected.  All 
they  asked,  they  said,  was  the  same  protection 
as  was  accorded  to  other  foreigners.  For  such 
men  I  have  only  the  most  supreme  contempt.  I 
cannot  but  despise  the  man,  born  and  reared 
under  our  government,  who  professes  to  sympa- 
tlii/.c  with  rebellion,  and  yet  remains  here  with 
iblded  hands,  or  covertly  seeks,  while  enjoying 
our  [irotection,  to  overthrow  our  institutions.  I 
believe  the  proper  place  for  such  men  would 
Ite  in  tlie  rebel  ranks.  I  can  have  some  respect 
for  the  man  who,  yielding  to  the  impulses  of  the 
moment,  or  to  the  prejudices  of  years,  goes  into 
the  rel)(d  ranks  and  fights  for  what  he  believes 
to  be  the  rigtit  ;  liut  for  the  man  wlio  remains 
here,  and  covertly  seeks  to  inaugurate  that  state 
of  attairs  which  exists  at  the  East,  1  think  no 
language  of  reju'obation  can  be  too  severe,  and 
no  sentiments  of  contempt  too  strong.  J5ut  the 
only  question  is,  whether  it  is  better  for  the 
Convention  now  to  legislate,  when  it  can  hav<! 
n(»  i(racti(;al  effect,  or  \shrtlier  it  is  Ix'tter  to 
give  a  full  and  free  exposition  of  our  sentiments 
here,  and  then  leave  it  to  the  Legistature  to 
pr()vid(;  the  qualifications  of  voters. 

Mr.  DeLONG.  I  desire  to  ask  the  gentleman 
from  Douglas  a  question.  While  I  admire  very 
much  the  sentiments  h(!  has  expressed,  as  wcdl 
as  those  of  otiicr  gi-ntlemi-n  who  have  spok(ni 
on  this  sultject,  still  I  think  there  is  one  dilfi- 
culty  which  has  not  been  met,  and  that  is,  if  the 


Constitution  now  makes  a  sweeping  restriction 
that  no  disloyal  person  shall  be  allowed  to  vote, 
who  is  to  judge  upon  the  question  of  disloyal- 
ty? We  find,  even  among  good  Union  men,  as 
we  would  all  regard  them,  that  one  is  accusing 
another  of  disoyalty,  becaiise  he  thinks  h(>  does 
not  go  far  enough  in  his  views  or  opinions.  It 
looks  to  me  a  little  unmanageable  ;  that  is  my 
objection.  Su])pose  a  man  is  challenged  at  the 
polls,  how  are  you  to  determine  it?  Ily  his 
simply  taking  the  oath  of  allegiance?  Would 
that  be  sufficient  to  purge  him?     Or  what? 

Mr.  HAWLEY.  The  gentleman  from  Storey 
will  remember  that  I  stated  it  as  my  desire  and 
hope  that  the  Legislature  would  pass  such  a 
law  as  would  rencler  challenges  at  the  polls  un- 
necessary, except  in  order  to  insure  the  pro- 
duction of  the  certificate  of  the  registration  of 
voters. 

Mr.  DeLONG.  Yes,  it  might,  perhaps,  be 
covered  in  that  way. 

Mr.  DUNNE.  I  think  it  is  necessary  to  say 
but  a  word  in  support  of  the  amendment  which 
I  have  offered.  No  one  doubts  the  propriety  of 
preventing  disloyal  persons,  or  secessionists, 
from  exercising  the  right  of  suffrage  until  their 
status  be  determined  by  the  General  Govern- 
ment, but  this  clause  begins  with  disfranchising 
all  who  are  convicted  ot  treason  or  felony,  and 
then  goes  on  to  say  that  "  No  person  who,  after 
arriving  at  the  age  of  eighteen  years,  shall  have 
voluntarily  borne  arms  against  the  United 
States,  or  lield  civil  or  military  olfice  under  the 
so-called  Confederate  States,  or  either  of  them, 
unless  an  amensty  be  granted,"  etc.,  shall  be 
entitled  to  vote.  Then,  in  God's  name,  is  not 
that  enough?  But  then  you  go  further,  and 
say  that  no  "  disloyal  person  "  shall  be  allowed 
to  vote.  I  repeat  the  question.  Who  is  the  '■  dis- 
loyal person  ?"  How  are  you  to  determine  it  ? 
If  you  know  that  a  man  is  disloyal — that,  as  the 
gentleman  from  Lander,  (Mr.  Warwick.)  says, 
treason  is  bursting  from  every  pore — then  make 
your  charge,  ])rove  it,  and  convict  him,  if  you 
can.  If  you  cannot  })rove  the  charge,  you  may 
retain  your  opinion,  perhaps,  but  unless  you 
can  prove  it,  do  not  make  it  against  a  man,  and 
attempt  to  dei)rive  him  of  the  right  of  suffrage. 
•We  have  already  restricted  the  class  of  i)eople 
to  which  we  stipjioscd  tiiis  would  jjartirularly 
refer.  We  have  re(£uired  that  every  man  shall 
be  for  six  months  an  actual  resident  of  the  State 
before  voting.  You  have,  in  that  case,  made  a 
swee])iug  distinction,  and  one  which  I  did  not 
api)rove,  because  it  was  in  o])])osition  to  a  prin- 
cii)le  which  has  been  acted  upon  for  seven  or 
eight  years  in  (Jaliloruia.  as  long  at  least  as  it 
was  sujiposed  that  the  class  of  j)ersons  coming 
to  that  State  would  be  politically  favorable  to 
the  dominant  i)arty,  and  only  when  that  ceased 
to  be  the  case  was  this  error  discovered,  and 
the  rule  changed.  Dut  that  is  not  the  (piestioa 
here.  It  is  sinqjly  whether  you  may  be  allowed 
to  charge  a  man  with  being  disloyal,  and  so 
prevent  him  from  voting,  or  throw  the  whole 
burden  of  the  investigation  upon  the  days  of 


4tli  day.] 


RIGHT  OF  SUFFRAGE. 


83 


Thursday,] 


NouRSE— Earl. 


[July  7. 


election,  when  you  have  no  one  to  cletei-mine  it. 
Although  the  iiiau  challenged  may  have  the 
records  of  courts,  and  docunii'iits  well  authenti- 
cated, you  have  but  to  say — •■  This  man  is  dis- 
loyal ;  'l  challenge  his  vote," — and  how  is  he  to 
prove  that  he  is  loyal '!  He  may  be  ready  to 
swear  to  support  the  Constitution,  ready  to  take 
any  and  all  oaths  prescribed,  but  that  is  of  no 
avail,  and  you  cannot  try  the  case  on  election 
day.  I  think  the  amendment  is  right,  and  those 
dangerous  words  should  be  stricken  out. 

Mr.  NOURSE.  I  wish  to  offer  an  amendment 
to  the  substitute,  or  rather  to  the  portion  pro- 
posed to  be  omitted  or  stricken  out.  I  move 
to  strike  out  the  words  in  the  original  section, 
■'  unless  an  amnesty  be  granted  to  such  by  the 
Federal  Government." 

The  question  was  stated  on  the  amendment. 

Mr.  NOURSE.  Now  I  desire  to  call  the  can- 
did attention  of  members  to  this  amendment, 
and  I  hope  no  feeling  of  prejudice  of  any  kind 
will  prevent  gentlemen  from  giving  it  such  at- 
tention. I  think  the  objection  to  that  phrase, 
as  it  is  inserted  in  the  original  section,  arises 
from  a  misapprehension  of  what  is  intended  by 
this  exclusive  clause.  I  do  not  understand,  Mr. 
Chairman,  that  we  are  here  assuming  the  prov- 
ince of  the  National  Government,  to  punish 
these  men  who  have  borne  arms  against  it.  If 
that  were  so,  I  could  see  a  peculiar  propriety 
in  putting  in  this  clause,  "  unless  an  amnesty 
be  granted."  But  we  are  doing  no  such  thing. 
That  is  the  exclusive  work  of  the  General 
Government ;  and  the  laws  of  the  United  States 
provide  for  tl^e  punishment  of  treason  ;  for  the 
punishment  of  those  who  levy  war  and  bear 
arms  against  the  Government.  And  when  the 
United  States  Government  proclaims  an  amnes- 
ty, that  punishment  is  at  an  end.  We  have  nothing 
to  do  with  that.  But  now  the  question  is  before 
us,  whom  will  we  have  for  our  fellow  electors  ? 
To  whose  hands  will  we  intrust  the  election  of 
our  officers,  and  the  making  of  our  laws  ?  Shall 
that  trust  be  confided  to  those  men  whose 
hands  are  red  with  the  blood  of  our  own  sol- 
diers ?  Shall  it  be  given  to  Price's  army  ?  Shall 
it  be  given  to  the  men  who,  under  Forrest  and 
Chalmers,  in  cold  blood,  mui'dered  the  garrison 
of  P^ort  Pillow?  Shall  we  bestow  that  pri^a- 
lege  upon  the  men  who  are  now  defending 
Richmond  and  Petersburg  against  the  gallant 
assaults  of  General  Grant?  Shall  we  give  it  to 
the  rel)el  army  now  holding  out  at  Jackson 
against  General  Sherman  ?  We  exclude  no 
man  who  does  these  things  by  compulsion.  If 
a  man  is  conscripted  into  the  rebel  army,  that 
does  not  exclude  him.  But,  can  it  be  possible. 
I  ask  gentlemen  to  consider,  that  any  merciful 
amnesty  on  the  part  of  the  General  Govern- 
ment, any  declaration  that  the  Government  will 
proceed  no  further  in  the  way  of  punishment. 
will  do  anything  more  than  merely  whitewash 
them?  Can  it  change  the  leopard's" spots?  Can 
it  make  worthy  to  be  intrusted  with  the  elective 
franchise,  and  fit  to  hold  the  highest  offices  in 
our  gift,  the  men  who  have  willingly  borne 


arras  against  the  Federal  Government — against 
the  best  Government  the  world  ever  knew? 
Can  it  restore  to  innocence  those  men  guilty  of 
a  worse  crime  than  parricide  ?  No !  I  say,  for 
one,  I  am  not  willing  that  my  vote  shall  ))e  off- 
set and  neutralized  by  the  vote  of  a  man  who 
has  willingly  served  under  the  rebel  Price,  and 
as  a  guerrilla  and  bush-whacker  has  murdered 
pei'haps  dozens  of  the  soldiers  of  the  United 
States,  as  well  as  peaceable  farmers.  And  yet, 
an  amnesty  being  proclaimed,  men  of  that 
stamp  will  come  into  our  State.  Now  it  seems 
to  me  very  clear,  as  I  said  before,  that  that 
saving  clause  is  iiut  in  under  a  misapprehen- 
sion of  what  we  are  doing.  We  are  not  pun- 
ishing these  men.  We  are  only  setting  down 
our  deliberate  opinions — and  it  seems  to  me, 
with  all  respect,  that  in  the  framing  of  an  or- 
ganic law  is  peculiarly  the  place  for  that — as 
to  who  should  or  who  should  not  be  the  men 
to  carry  on  the  Government,  and  make  the  laws 
for  this  new  State. 

If  those  men  who  have  committed  all  these 
crimes,  and  the  one  great  crime  embodies  them 
all,  can  be  purified  in  heart  and  soul,  and 
brought  back  to  love  of  country  and  true  loy- 
alty to  its  institutions,  I  would  not  object  to 
admitting  them  to  the  right  of  suffrage.  But 
the  fact  is,  that  the  secessionists  who  have  come 
hero  across  the  plains  from  the  eastern  States, 
are  the  men  who,  because  of  their  continued 
wickedness  and  bitter  disloyalty,  will  not  stay 
around  their  old  homes  to  see  the  new  order  of 
things  there.  It  galls  them  to  see  the  power  of 
the  Government  re-established  ;  the  iron  enters 
their  souls.  It  is  therefore  the  most  disloyal  of 
the  disloyal  who  persist  in  coming  here.  If 
they  persist,  very  well ;  let  them  come,  though 
they  are  no  very  desirable  accessions  to  society 
in  any  place  ;  but,  for  God's  sake,  let  us  put  up 
the  bars  against  allowing  thirty  or  forty  of 
them  to  annul  the  votes  of  every  member  of 
this  Convention.  It  seems  to  me  that  this  clause, 
as  it  stands,  has  been  misapprehended.  Gen- 
tlemen have  not  enough  considered  it;  and 
when  it  has  been  properly  considered,  I  think 
the  Convention  will  agree  with  me  that  it  should 
be  stricken  out. 

Mr.  EARL.  I  can  see  no  objection  at  all  to 
allowing  this  Section  2  to  remain  as  it  is.  If  I  un- 
derstand it,  the  Amnesty  Proclamations— for 
such,  no  doubt,  there  will  be  from  time  to  time, 
and  we  have  one  already — will  do  away  with 
our  restriction.  That  proclamation  already 
made  sets  forth  who  shall  and  who  shall  not  be 
admitted  to  the  rights  and  i)rivilegcs  of  citizen- 
ship ;  and,  in  the  absence  of  any  such  nile,  by 
authority  of  the  Federal  Government,  we  pre- 
scribe oiir  own  rules.  Now,  sir,  I  cannot  .see 
any  such  objection  as  has  been  urged  here,  from 
the  very  fact  that  the  Amnesty  Proclamation 
does  set  forth  and  prescribe  who  shall  be  re- 
stored to  citizenship.  We  may,  hereafter,  pre- 
scribe men  who  are  disloyal,  by  our  registry 
law,  but  that  is  the  only  way  we  can  reach 
them.    We  can  alter,  change,  increase,  or  dimin- 


84 


RIGHT  OF  SUFFRAGE. 


[4th  day. 


Thursday,]        Noibse—E-uil—Bkosxax—DeLoxg— Fitch— "Warwick— Hawley.  [July  7. 


i<h  the  force  of  the  hinguape  we  use  here  ;  but, 
after  all,  I  do  not  see  lu.w  tiiat  is  goiiifi  to  alfeet 
the  matter,  since  the  (.ieneral  Government  tells 
us  who  eaa  and  who  cannot  vote. 

Mr.  Norii.^^K.  Will  the  oroutleman  allow  me 
to  ask  a  question'.'  Does  he  say  that  the  Am- 
nesty rroclamatiou  aiijilies  to  this  new  State, 
or  to  anv  ."^late  not  now  in  rebellion? 

Mr.  KAilL.  It  tells  us.  in  etfect,  who  is  to 
vote,  and  in  that  way  it  cuts  oti'  any  action  of 
ours  in  relation  to  tn-ason  against  the  General 
(ioveriiment.  I  understand  that  very  Avell. 
Tills  section  .«uits  me  as  it  stands.  I  hope  we 
shall  adopt  it.  and  if  we  want  to  alter  the  matter 
in  anv  way.  we  can  do  it  in  the  registry  law. 

Mr."  CliO.-^MAN.  As  it  is  time  for  the  noon 
reees,s,  I  move  that  the  Committee  rise,  report 
proirros.  ami  ask  leave  to  sit  again. 

The  iinestion  was  tjiken,  and  the  motion  was 
agreed  to. 

IX   COXYEXTIOX. 

The  PUE'^IDENT  having  resumed  the  Chair. 

The  ClIAIIIM  AN  r.'pcirt.-d  that  the  Committee 
of  the  Wliok-  had  had  under  consideration  the 
suV)ject  referred  to  them,  had  made  some  pro- 
gress therein,  and  asked  leave  to  sit  again. 

The  report  was  received,  and  leave  granted 
accordingly. 

On  motion  of  Mr.  CHAPIN,  at  12  o'clock,  the 
Convention  took  a  recess  until  1  o'clock,?.  M. 


AFTERNOON  SESSION. 

The  Convention  met  at  one  o'clock,  P.  M., 
and  was  called  to  order  by  the  President. 

OJMMITTEE  ox   l'lIK.\.SE0t,0i;Y  AXD  ARUAXOEMENT. 

Mr.  BROSN.\N.  I  have  a  resolution  here 
which  I  wL'h  to  offer,  for  the  ap;)ointment  of  a 
coinmittec,  and  I  ask  that  the  u<ual  ))aiiiamen- 
tary  courtesy,  iu  respect  to  the  ai)i»ointiui'nt  of 
the  Committee,  be  waived,  as  I  cannot  serve  as 
the  chairnuiu  of  the  committee. 

The  re>iolulion  was  ri-ad.  as  follows  : — 
Jirmlrrit,  Tliat  a  f"oiniiiitt»'e  on  Pliraseolcifjy  and  Ar- 
rauK'-nicnt  of  tin-  HcHolution,  Ordinance,  Preamble,  and 
CiiuHtitutkiu,  to  couMint  of  Heven  uifiubcrs  Of  this  Con- 
veutiou,  tie  appoiuUnl  by  the  I'rewideut. 

The  rjucstion  wa,s  taken,  and  the  resolution 
was  ado|it<-d. 

The  l'i:i:siI)ENT  ai)pointi'd  as  th.-  Commit- 
tee, undi-r  the  resolution,  .Messrs.  Kinkea<l,  Par- 
ker, llank>i,  Drosuan,  iJelden,  Ihady,  and  Mur- 
dock. 

jrmciAnY  com.mittee. 

Mr.  DkT-ONG.  I  move  that  two  more  mem- 
b(M>  be  ailded  to  the  .Judiciary  Committee. 

1  lie  (pie.-tion  was  taken,  and  the  motion  was 
agreed  to. 

The  PKIv^lDENT  appointed  as  such  addition- 
al meiiil>en<,  Messrs.  Warwick  and  Hawley. 

UICHT  OK  StKn!A(iE. 

Mr.  FITCH.    1  move  that  the  Conveution  re- 


solve itself  into  Committee  of  the  Whole,  for 
the  further  consideration  of  Article  II,  entitled. 
Right  of  Siitfrage. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

-    committee  of  the  whole. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (Mr.  Fitch  in  the 
Chair.)  and  resumed  the  consideration  of  Arti- 
cle 11,  entitled.  Right  of  Suflrage. 

DIStTt-VXCHISEMEXT  OF  REBELS. 

The  CHAIRMAN.  The  question  before  the 
Committee  is  upon  the  amendment  offered  by 
Mr.  Nourse  to  the  amendment  of  Mr.  Hovey  to 
the  second  section.  Mr.  Ilovey  moves  to  amend, 
by  striking  out  the  words,  '•  and  no  person  who, 
after  ari'iving  at  the  age  of  eighteen  years,  shall 
have  voluntarily  borne  arms  against  the  United 
States,  or  held  civil  or  military  office  under  the 
so-called  Confederate  States,  or  either  of  them, 
unless  an  amnesty  be  granted  to  such  by  the 
Federal  Government."  Mr.  Nourse  moves  to 
amend  that  amendment,  by  striking  out  only 
the  words,  '•  unless  an  amni'sty  be  granted  to 
such  l)y  the  Federal  Government."'  The  ques- 
tion now  is  upon  the  latter  amendment. 

Mr.  TOZER.  Is  a  further  ameudmeut  in  or- 
der ? 

The  CH.URMAN.    It  is  not. 

Mr.  BANKS.  I  understand  there  was  an 
amendment  offered  by  my  colleagtie,  (Mr. 
Dunne,)  to  strike  out  the  word  "  disloyal." 

The  CHAIRMAN.  That  amendment  was  ac- 
cepted by  Mr.  Hovey,  and  therefore  becomes  a 
part  ()f  his  original  amendment.  The  Chair 
should  have  so  stated  it. 

Mr.  WARWICK.  AVas  not  the  amendment  of 
the  gentleman  from  Humboldt,  (Mr.  Diuine.) 
aecei)ted  by  the  gentleman  from  Storey,  (Mr. 
Hovey.)  as  a  substitute  for  his  own,  and  not  as 
an  amendment  ? 

The  CHAIRMAN.  The  Chair  understood  it 
was  accejited  as  an  amendment. 

Mr.  WAliWICK.  Did  it  not  do  away  with 
the  amendment  of  the  gentleman  from  .Store}% 
entirely  ?  Did  he  not  accept  it  in  lieu  of  his 
own,  thereby  doing  away  with  the  one  he  offer- 
ed previotisly  ? 

The  CH.VIRMAN.  The  Chair  thinks  the  gen- 
tleman is  correct. 

Mr.  WARWICK.  Then  the  original  amend- 
ment is  withdrawn,  and  substituted  by  that  of 
the  gentleman  from  Humboldt,  striking  out  the 
words  ••  disloyal  or,"  in  the  latter  i)art  of  the 
section,  ami  the  amendment  pending  of  the 
gentleman  from  AVaslioe.  (Mr.  Nourse,)  is  pro- 
■  posed  as  an  auieiidmeiit  to  that? 
I  The  CHAIRMAN.  That  is  the  understanding 
of  the  Chair. 

Mr.  HAWLEY.  I  think  it  would  be  infinitely 
better  to  retain  the  section  as  a  whole,  or,  per- 
haps, striking  o\it  only  the  word  "  disloyal," 
than  it  would  be  to  adopt  the  amendment  of 
the  geutleman  from  AVashoe,     I  believe  I  take 


4th  day.] 


RIGHT  OF  SUFFRAGE. 


85 


Thursday,] 


NocRSE — Haw'ley — Coixrxs. 


[July  7. 


a  position  which  cannot  be  controverted,  when 
I  assert  that  the  Federal  Government  possesses 
the  imprescriptible  right  of  declaring  the 
qnalificiitions  of  citizens  of  the  United  States, 
and  that  when  the  Federal  Goveniment.  by  an 
enactment  of  Congress,  declares  that  a  man,  or 
a  class  of  men,  are  citizens  of  the  United  States, 
those  men,  so  established  in  citizenshij)  by  Fed- 
eral enactment,  are  entitled  to  all  the  rights  of 
citizens  ;  regulated,  it  is  true,  in  a  certain  man- 
ner and  to  a  certain  extent,  hj  State  enactments. 
They  are  subjects  or  citizens  of  the  Federal 
Government.  Now.  sir,  it  is  a  right  of  which 
a  citizen  cannot  be  divested,  that  he  should  bo 
allowed  to  exercise  the  right  of  suffi'age. 

Mr.  NOURSE.  AVill  the  gentleman  allow  me 
t«  ask  him  a  question  ?  Black  men  are  citizens, 
and  women  are  citizens  of  the  United  States, 
but  does  the  gentleman  say  that  women  and 
black  men  cannot  be  excluded  from  voting  ? 

Mr.  HAWLEY.  I  do  not  pretend  to  say  that 
Ave  cannot  exclvide  black  men  from  voting  ;  or 
that  Me  cannot  exclude  women  from  voting,  but 
I  do  say,  and  I  assert  it  most  positively  as  my 
conviction,  although  I  may  be  wrong,  that  we 
have  no  right  whatever  to  exclude  a  white  man, 
who  has  been  pronounced  by  the  Federal  Gov- 
ernment to  be  eligible  to  all  the  rights  of  citi- 
zenship, from  the  right  of  voting.  There  may 
be  some  questions,  in  this  connection,  which  1 
shall  not  stop  to  argue,  but  I  lay  down  the  pro- 
position that  if  the  Federal  Government  declares 
that,  under  certain  conditions,  a  man  who  has 
been  in  the  Confederate  army,  a  man  who  has 
borne  arms  against  the  Federal  Government, 
becomes  purged  of  the  offense  he  has  commit- 
ted, and  is  restored  to  all  the  rights  he  before 
jjossessed,  it  will  be  impossible  for  this  State  to 
divest  him  of  the  elective  franchise. 

Now,  sir.  the  gentleman  from  "Washoe  (Mr. 
Nourse)  laid  particular  stress  on  the  fact  that 
the  vote  of  one  of  those  parties — of  a  man  who 
has  been  in  arms  against  the  Federal  Govern- 
ment— can  offset,  or  nullify  his  vote.  That  may 
be  true,  but  I  think  when  gentlemen  take  coun- 
sel fi'om  such  suggestions,  they  are  governed  by 
a  sentiment  which  is,  to  use  the  language  of  a 
great  jjoet,  '•  an  impostor  to  true  fear."  I  be- 
lieve, sir,  taking  into  consideration  the  enlarged 
intelligence,  the  more  perfect  understanding  of 
our  rights  and  duties,  and  privileges,  Avhich  Ave 
noAV  possess,  that  but  little  danger  exists  of 
outrages,  in  the  future,  upon  the  ballot-box. 
I  believe  that  the  loyal  sentiment  of  the  Pacific 
Coast  is  so  united,  that  the  men  Avho  do  not  fal- 
ter in  their  deA*otion  to  the  National  Government 
are  so  determined,  that  men  coming  here  even 
Avith  this  stain  of  treason  upon  them,  will  be 
so  closely  Avatched,  and  that  tlie  elections  will  be 
canvassed  so  thoroughly,  that  but  little  danger 
exists  of  men  being  placed  in  oflSce  here  Avho 
Avould  folloAV  the  example  of  those  Avho  have 
become  so  infamous  in  our  history,  or  who 
Avould  even  attempt  to  betray  us,  as  States  have 
been  betrayed  heretofore. 

Even  admitting  that  we  have  the  right  to  ex- 


clude from  the  right  of  suffrage  those  men  who 
have  been  restored  to  citizenship  by  the  procla- 
mation of  the  President,  I  believe  that,  by  so 
doing,  Ave  should  place  ourselves  in  a  position 
of  antagonism  to  the  Federal  Government ; 
that  Ave  should  raise  questions  which,  to  saj-  the 
least,  it  would  be  unAvise  to  raise — questions 
Avhich  could  but  result  in  long,  useless,  expen- 
sive litigation.  I  believe  it  becomes  us.  as  men 
Avho  onght  to  knoAv  no  such  Avord  as  fear,  in  re- 
gard to  the  result  of  any  attempt  to  betray  our 
liberties  here,  to  open  the  ballot-box  fi-eely  to 
receive  the  votes  of  all  men  who  comply  with 
the  laAvs.  Our  duty  lies  not  in  attempting  to 
set  aside  any  declaration  of  the  Federal  Govern- 
ment, but  in  a  firm,  resolved,  fixed  determina- 
tion, to  become,  each  and  every  one  of  us,  can- 
vassers, and  to  use  all  those  legitimate  and  nat- 
ural means  of  persuasion,  argument,  and  en- 
treaty, Avhich  will  result  in  such  Union  majori- 
ties, at  all  elections  to  be  held  in  the  future,  as 
to  prevent  forever  all  danger  or  apprehension 
of  the  election  of  any  man.  or  any  considerable 
number  of  men,  at  least,  to  positions  in  Avhich 
they  might  be  enabled  to  do  us  injury,  or  to  at- 
tempt to  injure  or  betray  us. 

And,  if  this  section  is  to  be  retained  in  part, 
I  think  this  Convention  will  be  pursuing  a  Avise 
and  proper  course  by  alloAviug  it  to  remain 
altogether  intact.  I  should  prefer  that  the 
qualifications  of  voters  should  be  left  altogether 
to  the  Legislature  ;  but  if  we  are  going  to  pre- 
scribe any  qualifications,  do  not  let  us  cut  out 
or  set  aside  this  saving  clause,  for,  by  so  doing, 
I  think,  as  I  before  observed,  that  AA'e  are  jilae- 
ing  ourselves  in  a  position  of  antagonism  to  the 
Federal  Government,  only  to  gratify  an  im- 
pulse, or  a  sentiment,  which,  to  speak  for  myself 
at  least,  finds  no  place  of  lodgment  in  my 
breast. 

Mr.  COLLINS.  I  would  inquire  Avhat  ques- 
tion is  noAv  before  the  Convention. 

The  CHAIRMAN.  The  amendment  of  the 
gentleman  from  Washoe.  (Mr.  Nourse,)  to  strike 
out  the  Avords,  "  unless  an  amnesty  be  granted 
to  such  by  the  Federal  GoA^ernment." 

Mr.  COLLINS.  Then  that  question  does  not 
embrace  the  word  "  disloyal,"  proposed  pre- 
A-iouslv  to  1)0  stricken  out  ? 

The' CHAIRMAN.    No,  sir. 

Mr.  COLLINS.  I  am  decidedly  opposed  to 
striking  out  those  AVords  proposed  by  the  gen- 
tleman from  Washoe,  because  I  think  the  appli- 
cation of  that  amendment  Avould  be  decidedly 
unjust  to  a  great  many  of  the  citizens  of  this 
State  in  the  future.  By  implication,  the  gen- 
tleman, in  offering  his  amendment,  assents  to 
the  propriety  of  depriving  all  men  of  the  right 
to  vote  who  have  voluntarily  taken  up  arms 
against  the  Federal  Government,  or  held  office, 
militarj"  or  civil,  under  the  Confederate  Gov- 
ernment. We  occupy  the  double  position  of 
citizens  of  the  United'  States  and  citizens  of  a 
separate  State,  and  hence  I  take  issue  Avith  the 
gentleman  from  Douglas.  (Mr.  HaAvley.)  entirely, 
that  we  have  not  a  right  to  exclude  any  class 


86 


RIGHT   OF  SUFFRAGE. 


[4th  day-. 


Thursday,] 


Earl. 


[July  7. 


of  men  from  the  elective  franchise.  It  is  the 
privili'KO  i)f  everv  State,  as  such,  (anil  it  matti-rs 
not  what  the  laws  of  the  General  Covfrnmcnt 
may  W  in  regard  to  her  own  citizi-ns,  for  it  is  a 
rii^iit  wliich  the  General  Government  always 
has  aeconleil  to  the  si-veral  States,)  to  regulate 
the  elective  franchise.  And  1  should  be  very 
s  >rry  indeed  to  think  that  th(>  resolution  we 
l>;Wed  the  other  day.  adopting  the  Constitution 
of  the  I'nited  States,  was  going  tt>  conflict  with 
that  right—  that  the  Constitution  of  the  Tnited 
States  would  contlict  in  any  way  with  the  right 
of  each  State  to  make  regulations,  hy  its  own 
Constitution  or  otherwise,  in  regard  to  elections. 
I  take  it  thatj  the  force  of  that  resolution 
was  simi>ly  in  regard  to  our  recognizing  the 
sovereignty  of  the  Cnited  States,  the  sovereignty 
of  the  Federal  Constitution,  and  the  laws  which 
Congress  may  enact  from  time  to  time  affecting 
the  .States  aiid  Territories.  But  the  action  of 
the  Federal  Government  must  have  some  spe- 
cific and  direct  connection  with  us,  or  some 
direct  and  i)ositive  declaration  as  to  the  act  to 
he  tlone  hy  the  State,  hefore  it  can  he  ))in(ling 
upon  us.  Look  at  the  injustice  whicli  the  con- 
struction of  the  Amnesty  Proclamation  con- 
tended for  would  do  to  tlie  loyal  citizens  of  this 
State.  We  may.  and  ])rol)ahly  shall  have  com- 
ing among  us  men  from  Kentucky,  from  Mis- 
souri, anil  from  States  which  are  still  engaged 
in  making  war  against  the  Government  of  the 
Cnited  States  ;  and  wlieii  this  rebellion  shall 
Ije  jitit  down.  I  am  strongly  impressed  with  the 
ciiuviction  that  the  mass  of  these  men  will  out- 
llemd  llerod  himself  in  their  sujjport  of  the 
Constitution  of  the  United  States.  They  will 
)m'  the  ardent  sui)i)orters  of  every  movement 
cuh'ulated  to  give  strength  to  the  Government, 
and  will  l)ecome  the  most  active  and  determined 
of  our  h)yal  citizens.  IJnt  if  we  jjroscribe  them, 
as  we  should  do  l)y  striking  otit  this  clause, 
what  wiinld  be  flu-  consequence?  Why,  they 
are  eligilile  to  any  ottice  within  the  gift  of  the 
(lovernuu-nt  of  the  I'nited  States,  and  the  very 
men  whom  we  disfranchise  here,  the  President 
of  the  I'nited  States  may  seleet  to  be  Ministers 
at  foreign  courts,  lie  may  a))])oiut  these  very 
men  as  Collectors  of  j)orts.  as  Postmasters,  as 
Consuls,  as  .Judges.  They  may  be  selected  as 
jurors,  to  decide  upon  the  rights,  and  the  lil)- 
erties  even,  of  their  fellow  citizens.  I  am  look- 
ing now  at  the  injustice,  at  the  ineipiality  which 
would  result  if  we  .should  make  this  discrim- 
ination. 

f  remember  that  last  year,  when  this  section 
was  under  consideration,  I  was  opposed  to  it 
(')())  ro-hi.  ;nnl  the  last  spei'cli  1  made  in  that 
Convention,  j)revious  to  my  long  illness,  ^\■as 
in  regiird  to  this  very  subject.  IJiit  1  shall  not 
enlarge  further  upon  this  j>oint  at  ]»resent.  I 
agree  with  the  gentleman  from  Houglas,  (Mr. 
llawley.)  in  thiiddng  that  this  (piestjon  of  the 
elective  franchise  should  lie  lefl  to  the  Legisla- 
ture. This  s|>eci;il  legislation  on  our  part  ]ire- 
sii|iposes  that  we  know  more,  and  understand 
Ijc'ter   tlie   wants  of  the   jn'ojde   in  the  future. 


than  future  Legislatures  can,  coming  fresh  from 
the  i)eople  every  year,  knowing  the  w'ants  of 
the  i)eople,  knowing  the  exact  condition  of 
the  State  from  time  to  time,  knowing  what  the 
difliculties  are  to  be  met,  and  what  forces  are 
required  to  meet  them.  I  say  that  such  a  sup- 
position is  not  well  founded,  and  I  think  it  bet- 
ter becomes  us,  out  of  deference  to  the  people 
of  this  State,  to  leave  this  matter  of  legislation 
entirely  to  them. 

Mr.  EARL.  I  probably  was  in  error  in  the 
early  part  of  the  day,  in  relation  to  this  section. 
I  took  the  view,  and  it  seems  that  the  gentle- 
man from  Douglas  [Mr.  Hawley]  takes  the 
same  view,  that  we  have  no  right  to  override 
the  acts  of  the  General  Government ;  but  if  this 
Convention  considers  it  advisable  to  leave  this 
section  in  full  force  as  it  stands  here,  I  shall  go 
against  striking  out  the  words  proposed  to  be 
stricken  out  by  the  gentleman  from  Washoe 
[Mr.  Nourse.]  It  seems  to  me  that  when  we 
undertake  to  be  rigid  in  our  action,  and  to  dis- 
franchise a  certain  portion  of  our  people,  we 
should  be  very  cautious  how  we  do  it.  If  the 
Convention  shall  decide  that  this  article  may 
properly  be  put  in  force  in  every  particular,  I 
trust  we  shall  scrutinize  it  very  closely  be- 
fore we  ijass  it.  It  occurs  to  me  that,  as  my 
colleague  [Mr.  Collins]  has  remarked,  we 
should  leave  this  matter  to  the  Legislature,  un- 
conditionally. The  truth  is,  that  if  we  take  the 
course  which  has  been  proposed  and  urged,  that 
course  will  weigh  very  much  against  the  adop- 
tion of  the  Constitution  by  the  people.  Would  I, 
if  I  had  at  some  time  committed  some  treasona- 
ble act  against  the  Government,  vote  for  the 
adoption  of  a  Constitution  which  would  dis- 
franchise myself?  No,  sir.  Again,  we  cannot 
draw  the  distinction  between  those  who  have 
volunteered  in  the  Southern  army  and  those  who 
have  not.  That  would  be  impossible.  Many 
young  men.  and  even  mere  boys,  have  been 
conscripted  into  the  armies  of  the  Rebellion, 
and  the  effect  of  the  action  proposed  would  bc^ 
that  if  they  escape  and  come  here  they  will 
find  themselves  disfranchised,  and  outlaws  in 
every  sense  of  the  word.  Would  not  the  ten- 
dency be  to  convert  them  into  desperadoes,  and 
enemies  of  society?  That  would  be  a  result 
which  we  sliould  certainly  deprecate  and  de- 
jilore.  I  believe  that  the  strong  should  always 
l»e  liberal,  and  I  trust  that  if  this  section  is  to 
stand  at  all,  those  words  will  J)e  rc-tained.  Then 
it  will  be  shown  conclusively  that  we  leave  those 
cases  to  be  dealt  with  entirely  by  the  General 
Governnu'ut. 

If  i  am  wrong.  I  hope  some  gentleman  will 
correct  me  ;  ))ut  I  think,  now,  that  this  amnesty 
clause  covers  the  whole  ground  and  leaves  the 
whole  matter  just  where  I  want  it  to  be  left — 
with  the  fJi'iu'ral  Governnumt.  Then  we  leave 
the  ( lovernuK'nl  to  say  who  are  citizens,  and,  con- 
seqiieiitly,  voters,  imd  who  are  not.  That  is  the 
correct  jiosition.  As  to  tiie  (lisrraiH;hising  of  each 
and  every  individual  wlio  may  have  been  con- 
cerned in  the  reljellion,  it  is  true  that  some  of 


4th  day.] 


RIGHT  OF  SUFFRAGE. 


87 


Thursday,] 


Johnson. 


[July 


them  ought  to  be  disfranchised,  but  we  cannot 
draw  the  necessary  distinction  as  well  as  the 
General  Government  can,  which  will  have  to 
deal  with  them  directly.  It  has  been  shown, 
or  intimated,  that  only  the  worst  of  the  rebel 
outlaws  come  to  this  country,  but  I  cannot  see 
it  so.  I  believe  that  many  are  immigrating  to 
this  Territory  now  who  have  become  tired  of 
the  war,  and  have  come  away  from  it  on 
that  account.  Many  of  them  have  become  con- 
vinced that  it  is  wrong.  Now,  would  it  not  be 
mistaken  policy  in  us  to  adopt  a  sweeping  pro- 
vision to  disfranchise  them  entirely  ?  They 
may  become  good  citizens,  and  therefore  do 
not  let  us  prevent  them  by  cutting  them  off  en- 
tirely from  the  privileges  of  citizenship. 

Mi-.  JOHNSON.  This  subject  has  already 
been  very  fully  discussed,  not  only  during  the 
sittings  of  this  Committee,  but  also  by  the  news- 
paper press  of  thisTerrritory,  from  the  rostrum, 
and  in  the  former  Convention,  charged  with  the 
performance  of  the  duty  of  framing  a  Consti- 
tution to  be  submitted  to  the  people.  I  do  not 
propose  to  prolong  that  discussion,  by  putting 
forth  my  individual  opinions,  for  the  sake  of 
any  intrinsic  merit  they  might  be  supposed  to 
possess,  but  I  simply  desire,  in  a  few  words, 
to  give  my  views  on  this  subject,  in  order 
that  my  silence  may  not  be  construed  as 
indicating  a  fear  on  mj^  part  to  take  part  in 
the  discussion,  or  to  place  myself  on  the 
record  on  the  important  questions  involved.  I 
shall  beg  the  indulgence  of  gentleman,  in  the 
few  remarks  I  have  to  offer  on  the  suViject 
before  us,  in  order  that  those  remarks,  as  is 
usual  in  Committee  of  the  Whole,  may  be  per- 
mitted to  take  a  somewhat  discursive  range. 

There  are  two  amendments.  I  understand, 
before  the  Committee  ;  one,  that  of  the  gentle- 
man from  Humboldt,  (Mr.  Dunne),  to  strike  out 
the  word  "  disloyal,"  and  the  other,  the  amend- 
ment of  the  gentleman  from  Washoe,  (Mr. 
Nourse),  to  strike  out  so  much  as  relates  to  an 
amnesty  being  granted  by  the  Federal  Govern- 
ment. Now,  sir,  in  the  outset,  I  will  state  what 
my  position  is,  not  only  in  regard  to  those  two 
amendments,  but  regarding  the  whole  subject — 
the  reasons  why  I  maintain  that  position — why, 
on  the  one  hand,  I  am  in  favor  of  the  proposition 
of  the  gentleman  from  Humljoldt,  and.  on  the 
other  hand,  am  opposed  to  that  of  the  gentle- 
man from  Washoe.  Various  opinions  have 
been  advanced  and  advocated  by  members 
here  as  to  the  extent  of  the  authority  of  this 
Convention  to  impose  restrictions  upon  the 
right  of  voting.  In  that  respect  many  gen- 
tlemen, I  think,  labor  under  a  very  great 
error.  I  insist  that  it  is  entirely  within  our  pro- 
vince to  declare  who  shall  and  M^ho  shall  not 
vote  for  the  various  offices  that  will  be  created 
under  this  Constitution,  notwithstanding  any 
Amnesty  Proclamation,  or  any  action  whatso- 
ever on  the  part  of  the  Government  of  the 
United  States.  Yet,  at  the  same  time,  whilst  I 
disagree  with  gentlemen  in  the  opinions  which 
they   have   advanced,   and   believe   that  it   is 


within  our  power  to  do  this,  I  say  that  I 
cannot  concur  in  the  views  expressed  by  the 
gentleman  from  Washoe,  (Mr.  Nourse),  when 
he  maintained  that  we  ought  inexorably  to  ex- 
clude even  those  who  have  been  or  may  be 
exempted  from  the  penalties  of  the  law  by  the 
the   operation   of   an   Amnesty  Proclamation. 

And  for  the  views  and  opinions  I  here  express, 
so  far  as  I  am  personally  concerned,  I  am  re- 
sponsible only  to  the  people  who  sent  me  here. 
I  only  enunciate  the  same  views  which  I  have  on 
previous  occasions  expressed,  in  the  former 
Convention  and  elsewhere,  and  after  the  ex- 
pression of  which  I  have  had  the  honor  to  be 
indorsed  by  my  constituents,  and  returned  to 
this  Convention,  with  a  full  knowledge  of  the 
views  and  sentiments  I  entertained  on  this,  as 
well  as  other  public  questions. 

Now,  sir,  I  am  decidedly  in  favor  of  the 
amendment  to  strike  out  the  word  "  disloyal,"' 
as  proposed  by  the  gentleman  ii-om  Hum- 
boldt (Mr.  Dunne).  I  am  opposed  to  retaining 
the  word  "  disloyal."  and  for  this  reason  :  it 
would  place  it  in  the  power  of  every  petty 
inspector  or  judge  of  elections  throughoiit  the 
State  to  determine  and  decide  the  question  as 
to  who  is  loyal  and  who  is  not  loyal.  I  do 
not  propose  to  invest  them,  nor  to  invest  any 
other  subordinate  authority ,with  such  extraordi- 
nary power.  Why,  sir.  it  might  seem  to  be  per- 
sonal, and,  therefore,  perhaps  not  strictly  in  or- 
der, for  me  to  say  that  I  have  heard  ascri))ed  to 
members  of  this  Convention,  (men  who  have 
received  the  indorsement  of  as  loyal  constituen- 
cies as  any  of  us  have.)  disloyal  sentiments;  but 
I  will  say  that  I  have  heard  such  sentiments 
ascribed  in  this  Territory  to  gentlemen  whom  I 
believe  to  be  as  loyal  as  any  man  in  this  Con- 
vention. Such  accusations,  here  or  elsewhere, 
may  have  no  real  foundation,  but  would,  in  the 
hands  of  a  petty  tyrant,  invested  with  the  neces- 
sary authority  to  render  effective  the  purposes 
of  this  clause,  become  an  instrument  of  oppres- 
sion, and  a  power  most  likely  to  be  abused. 
This  elective  franchise  is  too  great  a  boon  and 
privilege  to  be  put  in  that  way  upon  the  hazard 
of  the  caprice  or  whim  of  any  such  subordinate 
officer,  clothed  with  extraordinary  powers ; 
and  it  is  for  that  reason  that  I  am  opposed  to 
this  language,  and  in  favor  of  striking  it  out. 

As  to  the  other  proposition,  I  say  I  am  not 
willing  to  go  beyond  the  wisdom,  the  intelli- 
gence, the  patriotism,  and  the  loyalty  which  has 
thus  for  marked,  and  which  I  fondly  hope  will 
continue  in  the  future  to  mark  the  administra- 
tion of  our  Federal  affairs,  by  Abraham  Lin- 
coln, the  President  of  the  United  States.  I  am 
willing  to  be  instructed  in  my  action  here,  as  a 
member  of  this  body,  by  the  same  considera- 
tions of  humanity,  the  same  wise  and  enlight- 
ened policy,  and,  withal,  unselfish  patriotism, 
which,  amid  the  most  eventful  and  trying  period 
of  our  nation's  history,  have  marked  the  career 
of  our  Federal  Executive  ;  and  I  am  willing 
that  my  vote  and  speech  on  this  exciting  ques- 
tion shall  be  tested  by  the  platform  of  princi- 


S8 


RIGET  OF  SUFFRAGE. 


[4th  day. 


Thursday.] 


Proctor — Johnson— Chaplv— Kennedy. 


j^July 


pies  on  which  tliat  distinguished  man  now 
s  ands.  and  that  his  oflicial  acls,  in  connection 
with  this  unholy  rcla'llion.  shall  serve  as  my 
guide  in  the  i)eri'ormance  of  my  duties  here. 

It  now  ajipears  as  if.  when  this  matter  was 
under  discussion  in  the  preceding  Convention, 
some  gentlemen  who  were  engaged  in  that  dis- 
cussion must  have  heen  imbued  with  the  spirit 
of  prophecy;  for  at  that  very  time,  while  sonuMd' 
the  members  of  that  ('(invention  were  enun- 
ciating their  views  in  favor  of  making  an  ex- 
ception in  belialf  of  such  a.s  should  be  granted 
an  amnesty  by  the  Federal  Government— on 
that  very  day.  I  say.  when  those  utterances 
were  made,  the  President  of  the  United  States 
was  engaged  at  Washington  in  the  pre])aration 
of  this  same  celebrated  aniuesty  rroclamation, 
which  was  soon  thereafter  sent  forth  to  the 
world.  Now.  sir.  the  position  assumed  on  this 
subJL'et  by  Abraham  Lincoln,  who.  I  hope,  is 
thepreferVed  presidential  caiulidate  of  us  all— 
assuvdly  is  of  all,  save  one—for  I  know  that 
my  friend  from  Nye,  [Mr.  Proctor,]  is  probably 
w'liting  lor  the  unveiling  of  the  mysteries  of 
the  Chicasro  Convention 

Mr.  PKUCTOR,  (in  his  seat.)  Oh.  no  ;  Fre- 
mont. 

Mr.  JOIIN.'^ON.  Well,  that  is  probalily  about 
as  ol»j.-ctionable.  With  this  one  excejition.  I  ap- 
jirehend  that  there  is  no  man  in  this  Convention 
but  stands  fully  upon  the  i)latform  of  the  Balti- 
more Convention,  and  unreservedly  supports  its 
nominees.  I  am  willing,  for  one,  to  place  my- 
self squarely  on  that  platform,  and  now,  and 
upon  all  future  oecasions.  to  labor  for  the  suc- 
eess  and  defend  the  ])ublic  acts  of  the  nom- 
inees of  that  Convention.  And  I  say  1  am  not 
willing  to  go  beyond  that.  I  am  willing  to 
trust  to  the  wisdom  and  ])atriotism  of  the  Exec- 
utive and  of  Congress,  and  to  let  them  govern 
us  in  this  matter  of  the  elective  franchise.  For 
that  reason,  I  am  ojjposed  to  striking  out  that 
clause  which  has  Ihtu  ]U'()])osed  to  be  stricken 
out  by  the  gentleman  from  Washoe.  I  am 
willing  to  embrace  within  the  terms  of  our  Con- 
stitution, so  far  as  relates  to  the  rights  and  pri- 
vileges of  eilizenship.  all  those  who  may  be  em- 
braced within  the  words  and  within  the  sjiirit  of 
the  Amnesty  i'roclamation.  or  any  siniilai'  ])ro- 
claniation  which  may  liere;ifter  be  prumulgaled, 
and  I  am  desirous  oi'  excluding  all  who  are  not 
KO  em))raced.  I  want  it  distinctly  and  emphat- 
ically undei-stood.  that  1  indiuse  the  sentiments 
which  the  geiitli-man  from  Washoe  has  uttered, 
and  the  similar  sentiments  nllered  by  others,  so 
far  as  they  e<Hidemn  those  who  have  not  jiurged 
thcm-elves  by  tiie  terms  of  the  Anuiesty  I'rocla- 
liiation,  those  whosi-  hands  are  yet  dyed  in 
the  liloocl  of  our  fellow  citizens,  those  who 
havi-  not  come  up  fairly  and  stpiaridy  to  the 
mark  ami  purgeil  tln'mselves  from  this  vile  and 
terrilile  crime  of  treason.  I  am  r<ady  to  say 
that  such  as  tliey  shall  not  be  permiKeti  to  enjoy 
the  benefits  and  jirivileges  of  the  elective  fian- 
ehise.  Ibit  1  am  imt  willing  to  go  further  than 
that,  in  the  manner  proposed. 


With  these  views,  I  am  prepared  to  submit 
these  (juestions  to  the  action  of  the  Convention, 
well  assured  that,  whatever  action  the  Con- 
vention may  take  in  the  matter,  it  will  be  such 
as  to  meet  the  ajjproval  and  indorsement  of  our 
respective  constituencies. 

Mr.  CIIAPIN.  I  am  very  glad.  Mr.  Chairman, 
once  more  to  indulge  in  the  hope  that  that  word 
'■  disloyal ""  will  be  stricken  out.  I  was  anxious 
to  ha\-e  it  stricken  out  in  the  last  Convention, 
and  1  am  still  anxious  to  have  it  done.  I  think  it 
is  a  dangerous  word  to  have  incorporated,  in  the 
manner  it  is,  in  that  section,  especially  in  our 
organic  law.  It  does  put  too  much  power  into 
the  hands  of  those  officers  who  have  charge  of 
the  various  election  polls  all  over  the  State. 
And  who  knows  how  soon  it  may  come  to  pass 
that  our  opponcsnts  may  themselves  be  the  gen- 
tlemen to  preside  over  the  ballot-boxes  on  elec- 
tion day?  and  then  they  might  decide  that  I  am 
a  disloyal  man,  or  that  you  are,  or  that  any 
other  member  of  this  Convention  is  disloyal. 
In  the  heat  and  excitement  of  an  election, 
many  absurd  and  ridiculous  things  are  done, 
and  it  would  not  be  strange  if  one  or  two  men 
could  be  ibund  to  come  up  to  the  polls  and  tes- 
tify that  a  man  had  said  or  done  certain  disloy- 
al things.  I  say,  such  a  provision  would  operate 
very  har.shly,  and  I  feel  confident  that  great  in- 
justice and  injury  might  result  from  a  clause  of 
that  kind.  1  therefore  hope  that  the  word  "  dis- 
loyal ■'  Avill  be  stricken  out.  In  regard  to  the 
other  amendment,  I  trust  the  section  will  be  al- 
lowed to  renuiin  as  it  is. 

Mr.  KENNEDY.  Like  the  gentleman  from 
Ormsby,  (Mr.  .Johnson.)  I  wish  to  explain  my 
position.  I,  like  him.  am  opposed  to  one  of  the 
amendments,  and  in  favor  of  the  other.  But, 
unlike  him,  I  am  in  favor  of  the  amendment 
projjosed  by  the  gentleman  from  Washoe,  and 
opposed  to  the  one  offered  by  the  gentleman 
from  Humboldt.  Like  the  gentleman  from 
( )rmsliy.  also.  I  say  that  mj'  opinions  are  known 
by  my  constituents  upon  this  qtiestion.  In 
every  precinct  in  our  county,  I  have  advo- 
cated those  doctrines  which  I  here  advo- 
cate, and  I  also  have  been  returned  to  this 
Convention. 

Now.  first  in  regard  to  striking  out  this  jiart 
of  the  section,  which  reads,  "unless  an  amnesty 
be  granted  to  such  by  the  Federal  CoNcrn- 
ment,"  I  believe  I  may  say,  in  few  words,  this  : 
That  where  a  man  has  voluntarily  borne  arms 
against  the  Federal  Government,  or  held  any 
ci\ll  or  military  otlice  under  the  Ccmfederate 
(Jovernment,  that  man  has  l)eeu  imbued  with 
the  s|)irit  of  secessicui  to  such  an  extent  that 
you  never  will  be  able  to  make  a  good  citizen 
of  him  afterwards.  I  believe  there  is  such  a 
l)oison  connected  with  that  doctrine,  that  when 
a  man  once  voluntarily  embraces  it  he  cannot 
be  cured.  I  lielieve.  further,  that  it  will  take 
generation  after  generation  to  root  that  jioison 
out  of  the  minds  of  thcjse  who  have  embraced 
it.  For  that  reason  1  am  ojiposed  to  allowing 
any  man  who  has  voluntarily  adopted  secession 


4th  day.] 


RIGHT  OF  SUFFRAGE. 


89 


Thursday,] 


NOURSE — JOHXSON — COLLINS. 


[July  7. 


as  a  good  doctrine,  to  come  into  this  new  State 
and  neutralize  my  vote. 

1  have  known  some  of  these  gentlemen.  We, 
in  our  county,  know  numbers  of  them,  for  those 
immigrants  which  have  been  spoken  of,  many 
of  them,  remain  with  us,  and  we  are  made  to  feel 
the  practical  ett'ects  of  this  poison.  I  know  of 
men  in  my  own  town  who  have  been  in  the 
militaiy  service  of  the  Confederate  Govern- 
ment, and  have  since  taken  the  oath  of  allegi- 
ance prescribed  by  the  United  States  Govern- 
ment ;  and  I  know,  sir,  that  they  are  still  se- 
cessionists, that  they  are  plotting  and  scheming 
to  injure  the  Federal  Government.  I  know 
that  they  would  do  anything  to  kill  this  very 
Constitution  we  are  framing,  or  that  of  any 
other  loyal  State.  I  have  had  a  little  experi- 
ence with  these  men,  for  some  of  them  ^re  my 
friends,  so  far  as  other  matters  are  concerned. 
I  know  this  measure  which  I  am  advocating 
will  occasion  some  hardship  in  a  few  instances. 
There  ai'e  cases,  no  doubt,  where  a  man  who 
has  served  the  Confederate  cause  may  beconu' 
a  good  and  loyal  citizen.  A  man  may,  upon 
the  spur  of  the  moment,  have  been  led  to  com- 
mit a  crime,  and  he  may  have  subsequently 
repented  of  it.  but  should  we,  for  that  reason 
alone,  extend  to  him  an  offer  of  pardon  ?  Does 
not  the  murderer,  before  his  execution,  fre- 
quently repent  in  sackcloth  and  ashes  ?  But 
when  the  law  is  otfended,  the  offender  must  pay 
the  penalty.  Now,  then,  if  treason,  if  disloy- 
alty of  this  character,  is  a  greater  crime  than 
murder,  and  I  contend  that  it  is,  for  it  embraces 
all  the  crimes  known  to  the  law,  then  why  in 
this  instance,  though  they  sincerely  rei)ent, 
should  we  say  that  the  penalty  shall  not  be  in- 
flicted ? 

Now,  Mr.  Chairman,  in  regard  to  this  word 
'•  disloyal,"  unlike  an  old  friend  of  ours  who  was 
in  the  last  Convention,  I  am  a  little  '•  tena- 
cious," and  I  will  give  my  reasons.  I  do  not 
agree  with  the  gentleman  ft'om  Ormsby,  (Mr. 
Johnson),  that  it  would  place  it  in  the  power  of 
any  petty  inspector,  or  judge  of  election,  to  de- 
cide ujion  this  question  of  loyalty.  I  will  state 
my  idea  of  the  object  of  that  word  in  this  sec- 
tion. In  the  first  place,  I  take  it,  that  to  make 
these  questions  practical,  the  Legislature  must 
pass  the  necessary  laws  ;  and  I  believe  that  if 
that  word  ••  disloyal  "  is  left  in  the  section 
where  it  is,  the  Legislature  will  prescribe  a  cer- 
tain oath  stronger,  if  possible,  than  the  one  we 
have  all  taken  ;  and  when  you  challenge  a  man 
at  the  polls  on  the  ground  of  disloyalty,  this 
oath  will  be  administered  to  him,  and  when  he 
takes  it,  he  will  have  a  right  to  vote.  Then,  if 
you  can  prove  that  he  has  perjured  himself  by 
taking  that  oath,  he  will  be  liable  to  a  criminal 
prosecution  for  perjury.  Now  can  you  do  more 
than  that  in  regard  to  the  other  disabilities '!  i 
Suppose  a  man  has  committed  a  felony  in  the  I 
State  of  California.  He  goes  to  the  polls,  and 
you  challange  him  on  that  ground.  Suppose, 
even,  that  you  have  all  the  certified  records, 
all  the  proofs  which  would  be  necessary  to  es- 


tablish his  guilt  in  a  Court  of  justice,  if  you 
were  to  present  them  there  ;  still,  if  the  man 
swears  that  he  has  not  been  convicted  of  a  fel- 
ony, can  the  judges  and  inspectors  examine 
your  proofs  and  say  that  the  man  shall  not 
vote?  No,  sir.  If  he  demands  it,  they  must 
administer  the  oath,  and  let  him  swear  that  he 
has  not  been  convicted,  and  if  he  does  that, 
then  he  has  a  right  to  vote,  and  your  only  rem- 
edy in  such  a  case-is  to  prosecute  and  convict 
him  of  perjury.  For  these  reasons,  I  say  that 
the  word  disloyal  is  right.  When  I  see  a  man 
whom  I  believe  to  be  disloyal  coming  up  to  the 
polls  to  nullify  my  vote,  I  "tell  him  that  he  must 
take  that  oath. 

And  that  thing,  I  will  say,  has  been  done  in 
some  of  the  extremely  loyal  towns  in  our  Ter- 
ritory already,  and  I  thank  God  for  it,  though, 
perhaps,  it  was  not  altogether  legal.  Now,  I 
wish  to  make  this  a  legal  proceeding,  and  not  a 
mere  mob  law,  as  I  think  it  has  been.  If  you 
compel  a  man  to  take  this  oath,  and  if  he  is 
willing  to  perjure  his  soul  before  God  and  man 
I)y  taking  a  false  oath,  I  do  not  know  that  we 
can  help  his  voting,  although  we  may  punish 
his  perjury  afterguards. 

Mr,  NOL'RSE,  I  wish  to  say  a  few  words  in 
relation  to  this  matter.  It  seems  to  me  there  is 
a  singular  misapprehension,  either  on  my  part 
or  on  the  part  of  other  gentlemen,  as  regards 
the  powers  of  the  Government  of  the  United 
States  upon  this  matter  of  voting,  or  of  defining 
who  shall  vote.  I  find  no  power  whatever 
given  in  the  Constitution  of  the  United  States 
to  Congress  to  point  out  the  class  of  men  who 
shall  be  entitled  to  exercise  the  elective  fran- 
chise. There  is  but  one  section  in  the  whole 
Constitution  where  it  is  spoken  of. 

Mr.  JOHNSON.  Will  the  gentleman  permit 
me  to  interrupt  him.  The  gentleman  from 
Washoe,  when  he  speaks  of  those  Avho  entertain 
that  singular  misapprehension  as  to  the  powers 
of  the  Government,  uses  the  term  "  gentlemen  " 
—  the  plural  form.  For  m_y  part.  I  do  not  wish 
to  be  included,  and  from  my  recollection  of  the 
range  which  the  discussion  has  already  taken.  I 
do  not  understand  that  there  is  more  than  one 
gentleman  in  this  Convention  M'ho  now  asserts 
the  proposition  that  it  is  competent  for  Con- 
gress to  prescribe  the  rules  of  voting,  or  the 
qualifications  of  voters. 

Mr.  NOURSE.  I  understand  the  gentleman 
fi'om  Douglas,  (Mr.  Hawley,)  also  the  gentleman 
from  Storey,  (Mr.  Collins,)  who  sits  near  the 
gentleman  from  Ormsby,  as  taking  the  same 
view. 

Mr.  COLLINS.  The  gentleman  from  Storey 
disclaims  it  entirely. 

Mr.  NOURSE.  I  am  very  glad  to  hear  it. 
But  some  of  those  gentlemen  did  say  that  these 
men  whom  we  propose  to  exclude  from  the  ex- 
ercise of  the  right  of  suffrage  might  become 
grand  and  petit  jurors  in  the  United  States 
Courts,  and  occupy  other  positions  under  the 
authority  of  the  United  States.  Now,  I  have  to 
say  that  that  cannot  be,  because  the  grand  and 


90 


RIGHT  OF  SUFFRAGE. 


[4th  day. 


Thursday,] 


NOURSE. 


[July  7. 


petit  juries  are  drawn  in  the  same  manner  in 
the  United  States  Courts  as  is  i)ractised  in  the 
Couri^  of  the  State  where  such  United  States 
Ciiurts  are  held,  and  tiiis  Constitution  provides 
that  all  i>ei-sons  who  are  required  to  sit  on  juries, 
whether  j;rand  or  petit,  siiall  ))e  electors  of  the 
State.  No  man.  therefore,  who  is  not  an  elector 
of  the  State  of  Nevada  can  find  a  place  in  the 
Grand  Jury  room  of  the  United  States  Courts 
in  the  State  of  Nevada,  noi-  on  juries  in  the 
State  Courts  either.  So  much  for  that.  The 
United  States  do  not  assume  to  regulate  the 
mat«er  in  any  way  whatever.  The  United 
States  have  no  right  to  a.ssunie  it ;  it  has  never 
been  claimed  by  any  Administration  since 
our  Government  was  formed.  They  leave 
both  the  matters  of  the  (pialitications  of  jurors 
and  the  elective  fraiudiise  entirely  to  the 
State,  or  to  the  Govei-nment  of  the  State,  and 
while  in  one  State  it  is  provided  that  a  man 
must  be  a  citizen  of  the  United  States  in  order 
to  vote  :  in  another,  the  right  to  vote  is  given  to 
Kuch  persons  only  as  havt'  resided  in  the  State 
six  mcMiths.  as  in  the  State  of  Illinois  ;  and  so 
on,  through  other  electoral  qualifications. 
These  qualifications  vary  in  different  States. 

Now,  I  wish  to  re])ly  to  a  doctrine  which 
seems  to  me  to  be  a  monstrous  heresy,  namely, 
that  all  citizens  have  the  right  to  vote.  Why,  I 
can  remember  that  there  was  once — though  it 
seems  to  me  more  like  a  horrid  dream  than  a 
reality— a  decision  of  the  Supreme  Court  that 
black  men  are  not  citizens,  and  that  they  have 
no  rights  which  white  men  are  bound  to  respect. 
Hut,  at  the  present  time,  it  is  conceded  that 
black  nu'n  are  citizens  ;  they  are  so  recognized 
everywhere;  and  yet  we  have  struck  them  out 
from  the  list  of  voters,  and  they  are  excluded 
from  the  ballot-l)ox  evi'n  in  California.  We 
have  excluded  them  from  the  franchise  in  our 
Constitution,  and  we  fiml  no  ditliculty  on  that 
score.  Again,  there  is  no  doubt  or  question  but 
that  women  are  citizens,  just  as  nnich  as  men 
are,  an<l  yet  we  do  not  allow  wonu'U  to  vote,  if 
we  know  it.  So  that  yiieslion  of  citizenshi])  in 
the  United  .'^tates  has  no  bearing  on  this  matter. 
It  is  for  US  to  say  whether,  under  the  Constitu- 
tion which  we  an-  framing,  any  man,  or  class  of 
men,  citizens  of  the  United  i^iates,  or  not  citi- 
zens of  the  Unitcil  States,  shall  be  alloweil  to 
vote.  Under  the  Cunsiitution  of  the  United 
States,  it  is  jirovided  that  "  the  citizens  of  each 
State  shall  be  entitled  to  all  the  privileges  and 
immunities  of  citizens  in  the  several  States ;" 
and  yet,  who  claims  that  a  citizen  of  Massachu- 
setts can  g<i  to  South  Carolina  ami  vole  th<'re. 
mendy  because  he  is  a  citizen  of  .Massachusetts'.' 
Now,  as  to  what  course  we  shall  ])ursue.  and 
a**  to  following  Aliraham  Lincoln,  and  all  that, 
no  man  is  inclined,  1  think,  to  support  the  Ad- 
ministration more  fully  and  thoroughly  than  I 
am.  I  have  had  the  honor  of  holding  ollice  un- 
der the  Administration,  ami  I  feel  grateful  to 
it.  And  yet  I  do  not  feel  that  that  bin. Is  me  to 
apjtrove  i,\'  every  act  of  the  .Vdininistration.  )je- 
cau.se  I  .suppose  our  Administration  may  com- 


mit errors.  But,  aside  from  all  that,  I  do  not 
understand  that  the  proclamation  of  the  Presi- 
dent gives  any  light  in  this  matter  upon  the  track 
which  one  gentleman  wishes  us  to  pursue.  I 
understand  the  Amnesty  Proclamation  to  take 
away  the  punishment  which  is  due  to  those  men 
who  have  rebelled — that  whereas,  before  the 
proclamation,  those  men  were  all  liable  to  be 
tried,  convicted,  and  punished,  for  their  trea- 
son, now  the  Amnesty  Proclamation  comes  in 
and  says  that  upon  taking  a  certain  oath  they 
shall  be  relieved  of  all  those  disagreeable  con- 
sequences of  treason.  But  it  does  not  say  that 
those  men  may  go  to  Massachusetts  and  vote. 
It  does  not  pretend  to  lay  down  any  rule  of 
action  for  the  States.  It  simply  takes  away 
tiu'  punishment  for  the  the  crime  of  those  men. 
If  they  remain  in  the  States  where  they  are, 
and  there  is  no  law,  or  constitutional  provision, 
prohibiting  them  from  voting  there,  then  they 
will  not  be  disqualified  by  their  crime.  They 
are  not  in  danger  of  being  disqualified  by  con- 
viction, because  of  the  proclamation,  and  they 
may  vote.  That  is  all  there  is  of  that.  AVe  are 
here  left  at  perfect  liberty  to  take  that  course 
which  shall  seem  to  us  best,  and  I  insist  on 
coming  to  that  issue  without  any  clap-trap,  or 
anything  of  the  sort.  Is  it  best  for  this  young 
State  to  allow  those  men  who  have  deliberately 
committed  these  crimes— and  they  must  have 
done  it  willingly,  under  this  provision — to 
have  a  voice  in  making  our  laws  and  choosing 
our  officers  ? 

Some  gentlemen  seem  to  be    tender-footed 
on  that  issue.     They  seem  to  fear  that  we  shall 
lose  votes  by  this  proposition.    We  have  to  sub- 
mit this  Constitution  to  a  constituency,  among 
whom  are  sonu>  such  men  as  have  been  referred 
j  to,  who  have  the  right  of  voting  upon  it,  and 
I  they  therefore  do  not  want  to  raise  that  issue. 
I      Now.  Mr.  Chairman,  I  do  think,  in  view  of 
1  this  objection,  that  the  political  condition  of 
things  here  in  Nevada  must  be  most  unhealthy. 
[  What  do  we  see  ?  With  the  exception  of  one  or- 
'  ganizati(Hi,  the  Union  party,  we  find  that  we 
have  here  o])en  and  avowed  rebels  and  seces- 
j  sionists  of  every  shade  and  hue.  They  are  crawl- 
ing into  our  caucuses,  crawling  into  our  con- 
ventions, and  taking  part  in  our  deliberations. 
Instead    of    having    a    square    stand-up   fight 
over   prinr'iples,   they    get   the    advantage    of 
I  \is  by  cuiniiug.     Cuniung  copperheads  get  into 
]  our   ])olitical   organizations,    under    otir    own 
I  Ijanner,  and  there  they  juanage  to  defeat  the 
:  real  end  and  object  of  Union  men.     I  say  that 
is  unhealthy.      I    say,   with    all  deference,   of 
course,  that  nothing  could  be  better  for  this  new 
State,   than    that  the  issue   should   be  plainly 
drawn  tn'twei-n  unconditional  Union  men  and 
reijel  symi)athizers. 

Now,  I  ask  gentlemen,  in  all  sincerity,  to  an- 
I  swer  to  themselves— I  do  not  ask  for  an  answer 
here,  lint  at  any  future  time  —  this  question. 
i  My  ac({uaiiitanee  with  this  class,  personally,  is 
j  not  large,  though  1  have  heard  of  many  rebels 
I  being  among  us,  but  I  would  like  to  have  gen- 


4tli  day.] 


RIGHT  OF  SUFFRAGE. 


91 


Thursday,] 


DeLoxg — Kennedy — Collins — Banks — Nourse. 


[July  7. 


tlenien  say  to  themselves  whether  they  know  a 
single  man  that  has  served  in  the  armies  of  the 
rebels,  and  has  got  out  here  at  last  safely  away 
from  danger,  that  is  a  good  Union  man'i  There 
may  be  one,  two,  three,  or  a  dozen,  possibly, 
here  in  town,  but  is  there  one  such  out  of  town? 
The  Convention  has  already  decided — it  is  said 
here,  in  our  first  article — that  "All  men  are  by 
nature  free  and  equal."  We  do  not  mean  equal 
politically  or  sociallj^,  of  course.  We  do  not 
mean  to  say  that  all  men  must  weigh  one  hun- 
dred and  fifty  pounds  each  ;  and  we  have 
said  that  blacks  are  not  equal  to  whites.  Now 
that  we  have  changed  the  Ethiopian's  skin,  I 
ask  if  we  will  go  the  whole  figure  and  say  that 
the  leopard  can  change  his  spots?  Have  not 
we  gone  quite  as  far  on  that  tack  as  we  can  go  ? 
Is  it  possible  that  the  large  population  which 
has  come  to  us  from  the  rebel  armies — and 
more  to  follow,  if  this  provision  is  left  in  the 
article  before  us — will  be  good,  reliable  Union 
men?  They  may  take  as  many  oaths  as  you 
have  a  mind  to  impose,  but  the  reptile  snake  is 
in  them  still,  and  whenever  the  opportunity  is 
given,  the  poison  will  be  struck  into  the  heart 
of  our  system  of  government  again  and  again. 
It  is  because  I  have  no  faith  in  the  taking  of 
oaths,  by  rebels,  to  change  their  dispositions, 
and  it  is  because  I  do  not  believe  that 
Abraham  Lincoln's  pardon  will  purge  them 
from  their  wickedness,  that  I  go  for  this  amend- 
ment. It  is  purely  because  I  believe  that  this 
provision,  allowing  rebels  to  vote,  will  ])rove  a 
misfortune  to  the  State,  the  effects  of  which  we 
do  not  know,  and  shall  not  know  till  the  mis- 
chief is  done,  that  I  desire  to  have  this  clause 
excluded. 

Mr.  DeLONG.  The  gentlemen  who  have  ad- 
dressed the  Convention  on  that  side  which  is 
supported  by  the  gentleman  from  Washoe,  (Mr. 
Nourse,)  seem  to  consider  the  effects  of  the  Am- 
nesty Proclamation  in  a  light  entirely  different 
from  what  I  do.  It  is  true,  the  proclamation 
only  relates  to  the  consequences  of  crime,  and 
only  relieves  those  who  have  been  gnilty  of 
treason,  from  punishment.  But  I  submit,  that 
wlien  a  man  is  convicted  of  larceny,  or  robbery, 
or  murder,  or  manslaughter,  or  any  other  fel- 
ony, the  punishment  of  which  is  imprisonment, 
and  one  of  the  consequences  of  which  is  that 
he  is  disfranchised,  unless  relieved  by  the 
pardoning  power  ;  when  that  power  does  inter- 
vene, it  operates  exactly  like  this  proclamation 
of  amnesty.  It  relieves  him  from  the  conse- 
quences of  the  crime,  and  in  thus  relieving  him. 
it  restores  the  offender  entirely  to  his  former 
position.  It  is  very  disagreeable,  no  doubt,  to 
gentlemen — it  is  to  me,  at  all  events — to  see  a 
notorious  thief,  who  has  served  in  the  peniten- 
tiary, and  been  pardoned  only  a  few  days  be- 
fore the  election,  perhaps,  come  up  to  the  polls, 
and  checkmate  my  influence,  by  casting  a  vote 
in  opposition  to  mine.  It  seems  to  be  all  wrong, 
as  in  the  case  of  the  rebel,  who  comes  up  and 
nullifies  yonr  vote  under  this  Amnesty  Procla- 
mation.    But  in  the  former  case,  the  wisdom  of 


that  policy  has  not  been  doubted.  It  is  the  law 
of  every  State,  and,  I  believe,  of  every  civilized 
country  on  the  face  of  the  globe,  that  among 
the  consequences  of  a  pardon,  is  a  restoration 
to  all  the  rights  which  the  person  pardoned 
possessed  before  the  conviction.  Now  if  the 
x\mnesty  Proclamation  intervenes,  and  says  to 
those  who  have  been  shedding  our  brothers' 
blood  on  a  thousand  battle-fields,  that  their 
crimes  are  pardoned,  and  they  are  restored  to 
the  rights  of  citizens,  and  if  the  power  that  is- 
sues that  proclamation  is  paramount,  how  can 
we  say  that  they  are  not  restored  to  those  rights  ? 
How  can  we  say  that  notwithstanding  that 
proclamation,  notwithstanding  the  law  of  Con- 
gress, here  in  our  midst,  with  the  Constitution 
of  the  United  States  adopted  over  us,  Avith  the 
proclamation  of  amnesty  supposed  to  be  made 
in  accordance  with  the  Ciinstitution  by  the  head 
of  the  (xovernment,  we  shall  assert  the  negative 
of  what  the  President  proclaims  in  that  procla- 
mation ?  I  do  not  see  how  we  can  legally  do 
it.  And  I  believe  that  anything  in  our  Consti- 
tution contrary  to  wliat  is  provided  in  that 
proclamation,  would  have  to  give  way  to  it — 
that  any  Court  would  determine  that  that  Am- 
nesty Proclamation  has  the  elfect  of  restoring 
the  party  affected  by  it  to  all  the  rights  which 
he  enjoyed  before  he  became  engaged  in  the 
rel>ellion. 

Mr.  KENNEDY.  I  wish  to  ask  the  gentleman 
a  question.  Does  he  contend  that  we  have  not 
the  right,  in  this  Constitution,  to  fix  the  qualifi- 
cations of  voters,  notwithstanding  the  Amnesty 
Proclamation?  Could  not  we  shut  out  any 
class  of  men  we  saw  fit? 

Mr.  DeLONG.  No,  sir.  I  say  we  have  a 
clause  in  tiie  Federal  Constitution  which  guar- 
antees to  the  citizen  of  each  State  '•  all  the 
privileges  and  immunities  of  citizens  in  the  sev- 
eral States,"  and  if  we  embraced  in  our  Consti- 
tution a  clause  providing  that  any  man  who  is 
born  in  Louisiana  .shall  be  prohibited  from  vot- 
ing here,  it  would  be  not  only  wrong,  but  un- 
constitutional. It  would  be  violative  of  the 
spirit  of  the  Constitution  and  the  laws  of  the 
Fedei'al  Government. 

Mr.  COLLINS.  Will  the  gentleman  state 
that  proposition  again. 

Mr.  DeLONG.  1  say  that  I  believe  that  if  we 
should  embrace  In  this  Constitution  a  clause 
saying  that  a  man  born  in  Louisiana,  or  in  the 
State  of  Maine,  or  any  other  State,  shall  not  be 
entitled  to  exercise  the  right  of  an  elector  here, 
it  would  be  unconstitutional.  And  that  shows 
that  we  have  no  right  to  discriminate  in  this 
way. 

Mr.  BANKS.  I  will  ask  the  gentleman,  since 
in  some  States  negroes  have  a  right  to  vote,  and 
we  have  provided  that  they  shall  have  no  such 
right  here,  whether  he  does  not  think  the  same 
rule  would  apply  to  that  provision? 

Mr.  DeLONG.  We  in  effect  deny,  by  the 
adoption  of  the  first  section,  that  the  negro  is  a 
citizen. 

Mr.  NOURSE.    If  that  be  so,  why  do  we  say 


92 


RIGHT  OF  SUFFRAGE. 


Thursday,] 


DeLong. 


[4tli  day. 


[July  7. 


.  ••every  vshUe  male  citizen,"  showing  that  some 
citizi-ns  an-  i-xcliidod  t 

Mr.  I)kL(»NG.  1  <lo  not  know  the  reason  for 
usinj:  t!i.il  laMj;uatr«'.  Vmt  I  will  suggest  that  it 
wii.*  j.rt.ljalily  eiiiiilnyeil  in  order  to  leave  no 
doiitit  on  the  sul»jeet.  Itecause  there  i.s  a  very 
considerable  and  respeetable  number  of  gentle- 
nu-n  who  claim  that  the  negro  is  a  citizen,  dif- 
fering from  otheiN  in  their  oiiinion  on  that  sub- 
ji-ct.  and  conseiiuently  the  word  "  white  "  may 
have  been  |iut  in  so  that,  even  if  the  negro  is  a 
citi/en.  not  l»eing  a  white  man,  he  is  still  not 
entitled  to  vole. 

But  I  <lo  not  care  about  discussing  tiiat  point. 
I  sjiv  that  whether  we  have  the  right  to  exclude 
tlio>e  who  were  included  by  tlie  auuiesty  pro- 
clamation or  not.  we  .should  be  governed  by 
that  policy  which  prevails  in  every  civilized 
land,  under  whicii.  when  a  man  is  pardoned  by 
tlie  pardoning  power,  it  is  held  to  be  a  lair  pre- 
sumption that  he  was  pardoned  for  good  and 
sudicient  reasons,  and  ihat  the  executive,  in 
pmnting  tlie  ])ardon,  ha.s  done  tiiat  which  re- 
iilor«'.>  him  to  citi/.i-nship.  That  is  my  view.  We 
con-ider  that  the  Governor  has  goud  reasons  for 
his  actictn,  when  he  pardons  a  man  from  the 
jieiiitentiary,  and  restores  him  to  citizenship,  al- 
though he  may  have  been  convicted  of  an  infa- 
mous crinu',  and  we  do  not  allow  ourselves  to 
doubt  but  that  he  has  a  rigid  to  vote  ;  I  never 
have  lieard  it  doubted  in  any  legislative  body. 
or  any  convention,  or  elsewhere,  that  in  such  a 
ca.-e  all  the  original  rights  of  citizenship,  in- 
cluding the  elective  franchise,  are  restored  to 
him,  as  purely  as  if  they  had  never  been  con- 
taminated. 

Now.  I  look  upon  the  future,  in  regard  to  this 
war.  a  liltli-  dilferently  from  my  friend  from 
Lyon.  (Mr.  Kennedy.)  As  I  kxjk  ui)nn  it,  the 
war  is  now  being  conducted  by  southern  men 
nujre  from  a  feeling  of  jnide  for  their  section, 
than  from  any  attachment  to  their  so-called  Con- 
federacy. I  ))elieve  that  nine-tenths  of  the  luen 
who  are  .serving  in  the  army  of  Jelferson  Davis, 
to-day,  if  brought  right  down  to  a  fair  and  can- 
did exposition  of  their  views,  would  say  that 
they  disbelieve  in  (he  doctrine  of  secession,  and 
if  they  were  pre.<s«'d  its  to  the  reason  why  they 
were  fighting  in  the  secex-ion  army,  they  would 
Kiy  they  were  doing  it  for  the  honor  of  their 
wction.  or  the  honor  of  their  particular  .'^late. 
They  inaugurated  tins  war  under  a  fearful  mis- 
apprehension. They  inaugurated  it  under  the 
niistiiken  idea,  first,  tiiat  the  northern  man 
Would  not  light,  and  next,  under  the  equally 
mistaken  ide.i,  that  northern  men  would  ndt 
expend  their  money  to  con<luct  the  war.  Tiiey 
went  into  the  war  lalioring  under  tliese  two 
fearful  mistakes,  and  afiiT  having  got  into  it. 
tiieir  inliorn  .Vmericiin  spirit  prompts  them  to 
fight  it  out,  right  or  wrong,  and  tiiey  iut<'nd  to 
light  it  through,  jii-l  from  tliat  spirit  of  pride 
alone;  and  afu-r  the  w.ir  is  Ihroiigh,  you  will 
fi:id  ihil  they  will  return  to  their  allegiance  in 
good  f.iitli.  ,\nd,  «Mi  liie  same  jirinciple  that  a 
burned  child  dread:*  the  (ire,  will  they  dread  re- 


bellion, and  repudiate  it  more  than  any  other 

class  of  men.  when  once  they  have  so  returned 
to  their  allegiance  in  good  faitli. 

I  have  but  little  confidence  in  the  oaths  of 
allegiance  or  in  the  unionism  of  southern  men 
who  have  recently  taken  these  oaths,  and  i>ro- 
claimed  their  unionism  so  loudly,  especially  as 
long  as  any  hope  of  the  success  of  the  rebellion 
exists.  These  men  have  been  so  long  proclaim- 
ing the  doctrine  of  secession,  asserting  the  suc- 
cesses of  tlie  Confederate  troops,  doubting  the 
reports  of  Union  victories,  and  receiving  with 
unquestioning  faith  the  reports  of  Southern 
successes,  that  1  am  compelled  to  douljt  all 
their  professions  of  loyalty  and  unionism.  I  do 
not  believe  a  word  of  it.  I  do  not.  to  use  a  com- 
mon vulgarism,  "go  one  cent  on"  their  union- 
ism and  loyalty,  whoever  or  wherever  they  are. 
But  I  say,  "while  wc  are  engaged  in  making,  not 
a  legislative  enactment,  but  a  law  for  all  time, 
a  Constitution,  which  we  hope  is  to  endure,  per- 
haps for  centuries,  wo  should  be  very  careftil 
how  we  word  our  legislation.  After  this  war 
shall  have  been  ended,  and  it  .'^hall  have  become 
a  settled  conviction  that  those  Mho  were  en- 
gaged in  it  have  returned  in  good  faith  to  their 
allegiance,  our  Legislature  may  desire  to  over- 
look the  past,  and  allow  them  again  to  stand 
among  us  as  equals  ;  for,  if  we  do  not  take  that 
course,  we  may  never  expect  one  of  them,  or 
their  children,  ever  to  be  loyal  again.  We  .shall 
have  thrown  down  the  gauntlet,  challenging 
them  to  continue  their  hostility  to  the  govern- 
ment, and  they  will  continue  it.  A  feeling  of 
hatred,  a  feeling  that  they  are  lieing  subjected 
to  persecution,  will  animate  them.  They  will 
feel  that  we  have  put  them  down  among  the  ne- 
groes and  Chinamen,  and  refused  to  give  them 
a  chance  to  be  good  citizens  again,  on  equal 
terms  with  ourselves,  if  they  would  be.  I  say, 
our  adoption  of  that  policy  would  strike  like 
iron  to  the  heart  of  every  i)roud-spirited  south- 
ern man  in  llie  Territory.  They  would  say,  and 
they  would  Ije  right  in  it,  that  though  they  may 
have  intended  to  becom^^  good  citizens,  yet  they 
could  not  do  it,  because  we  have  an  odious  pro- 
vision of  tht'  Constitution  standing  there  against 
them,  and  impending  over  their  heads  for  all 
time  to  come.  There  is  no  encouragement  for 
the  evil-doer  to  repent.  1  would  like  to  see 
the  amendment  defeated,  and  then  I  would  like 
to  see  this  whole  section  so  remodeled  as  to 
leave  out  this  proscriptive  feature  altogether, 
leaving  the  section  to  read  in  this  manner  : — 

Skc.  2.  No  person  who  has  l)oon  or  may  be  convicted 
ol'  treason  or  felony  in  any  State  or  Territory  of  the 
t'niti  (1  States,  unless  rostoreti  to  civil  I'iRhts,  and  no 
idiot  or  insane  iJerson,  shall  be  entitled  to  the  privilege 
of  an  elector. 

I  would  not  like  to  have  that  word  "  disloyal  " 
left  in  as  a  constitutional  provision.  Then, 
after  amending  the  section  so  as  to  read  in  that 
w.iy.  I  w(Hild  put  in  a  jn-ovision  that  the  Lc^gis- 
lature  may.  from  time  to  time,  lix  the  (pialilica- 
ti(Uis  of  voters.  1  would  be  willing  even  to 
^  strike  out  all  these  other  provisions — to  strike 


4tli  day.] 


RIGHT  OF  SUFFRAGE. 


93 


Thursday.] 


Kexxedy — DeLong — Eakl. 


[July  7. 


out  "  idiots "  and  "  insane  persons,"  if  you 
please  ;  and  then,  if  we  fear  any  evil  results 
from  permitting  the  elective  franchise  to  dis- 
loyal men,  we  can  arm  the  Legislature  with 
power  to  prevent  the]n  from  voting,  until  such 
time  as  in  the  wisdom  of  the  future  it  may  be 
determined  that  those  men  shall  be  allowed 
again  to  come  into  the  fold  as  equals.  But  1 
cannot  see  any  wisdom  in  tying  up  tlie  Legisla- 
ture forever  in  this  respect,  if  we  wish  to  re- 
claim these  men  and  restore  them  to  their  for- 
mer position  of  brothers. 

I  have  as  much  cause  as  any  man  to  feel  irate 
and  revengeful  towards  the  Southern  rebellion. 
I  have  met  with  my  losses  at  its  hands,  and  have 
as  much  reason  to  feel  indignant  and  outraged 
in  regard  to  it  as  any  otlier  man.  But  \\'hile  1 
sit  in  this  Convention,  I  will  not  forget  my 
duties  to  the  future  on  account  of  my  passions 
concerning  the  present.  I  say  I  wish  to  see 
this  Constitution  so  modeled  that  no  man  con- 
victed of  crime,  or  who  is  idiotic  or  insane, 
shall  be  allowed  to  vote  in  the  present  or  in 
the  future,  and  then  I  would  leave  the  rest  in 
the  hands  of  the  Legislature.  If,  when  this  war 
is  over,  we  allow  those  who  have  been  disloyal 
to  share  with  us  in  the  right  of  suftrage,  and  in 
all  the  rights  of  citizenship,  as  our  ecjuals,  they 
may,  and  probaljly  will  become  loyal  citizens, 
or  else  the  whole  doctrine  of  the  Christian  re- 
ligion is  a  mistake.  The  argument  of  the  gen- 
tleman from  Lyon,  (Mr.  Kennedy,)  would  be 
that  this  crime  is  of  such  a  nature  that  no  man 
can  repent  of  the  sin  he  has  committed,  and  re- 
turn to  allegiance  and  loyalty. 

Mr.  KENxNEDY.  That  is  not  my  idea  at  all. 
I  said  they  could  not  escape  the  penalty,  and 
that  is  in  accordance  with  the  Christian  doctrine, 
which  asserts  that  Christ  had  to  suffer  the  pen- 
alty for  the  sins  of  others,  in  order  that  they 
might  themselves  escape  from  suffering. 

Mr.  DeLONG.  I  was  attempting  to  state 
only  what  I  conceived  to  be  the  purport  of  the 
gentleman's  argument — that  he  did  not  believe 
that  those  men  who  had  willingly  and  actively 
participated  in  this  rebellion  were,  or  ever 
could  become,  truly  loyal,  and  that  he  believed 
for  generations  hereafter  their  descendants 
would  be  imbued  with  this  same  spirit  of  dis- 
loyalty and  hatred  towards  our  Government. 
For  my  part,  I  look  forward  to  no  such  state  of 
affairs.  I  believe  that  this  war  will  convince 
those  men  that  there  is  inherent  within  our  sys- 
tem of  republican  government,  such  immense 
power  to  enforce  its  own  laws  and  protect  its 
existence,  that  they  will  be  compelled  now  and 
forever  hereafter  to  respect  it.  I  believe  that 
they  were  led  into  disrespect  towards  our  Gov- 
ernment from  a  mistaken  idea  of  its  power,  and 
that  they  are  now  convinced  of  their  mistake, 
and,  in  my  opinion,  there  would  not  to-day  be 
left  a  corporal's  guard  of  secessionists  in  the 
United  States  of  America  if  they  could  only 
escape  from  the  consequences  of  their  rebellion 
and  be  restored  to  the  same  civil  rights  which 
they  formerly  enjoyed.    I  believe  that  they  have 


become  convinced  of  those  two  fatal  mistakes 
which  led  them  into  the  war— first,  that  the 
Northern  men  will  fight ;  and,  second,  that  they 
will  expend  their  money,  as  long  as  they  have 
got  a  cent  of  money  or  of  credit,  or  a  machine 
with  which  to  make  paper,  in  order  to  get  the 
means  to  put  down  this  rebellion  and  sustain  the 
Government. 

If  they  had  only  known  these  two  things  before 
the  rebellion,  the  knowledge  of  which  has  cost 
them  so  dearly,  there  never  would  have  been 
an  organized  rebellion  in  our  Union.  These 
mistakes  are  what  underlaid  the  whole  of  it, 
and  they  are  willing  now  to  get  out  of  it  in  any 
way  they  can,  with  the  loss  of  everything  but 
honor.  That  is  my  opinion,  and  I  do  insist,  on 
behalf  of  men  who  I  know  are  not  secessionists 
at  heart,  men  who  do  desire  to  return  to  their 
allegiance,  men  who  do  desire  to  become  good 
citizens,  and  to  retrieve  their  past  errors,  that 
we  shall  not  cast  such  men  aside,  and  throw  a 
shadow  over  their  names,  so  that  they  may  not 
hope,  for  long  years  to  come,  to  stand  fairly  be- 
fore their  fellow  men  on  the  score  of  loyalty. 
I  hope  we  shall  not  compel  any  man  to  remain 
disloyal.  I  desire  that,  if  they  will  come  in  as 
good  citizens,  under  that  Amnesty  Proclamation, 
and  demean  themselves  properly,  they  shall  not 
be  reduced  to  a  condition  of  vassalage,  but 
shall  be  received  as  equals.  But  if  this  provi- 
sion stands,  they  are  branded  and  stigmatized, 
just  as  long  as  they  are  living  and  breathing 
men.  I  do  not  see  why  we  should  consider  our- 
selves more  wise  or  more  patriotic  than  all  who 
are  to  come  after  us.  and  should,  therefore,  re- 
fuse to  allow  the  Legislature  to  determine  who 
shall  and  who  shall  not  exercise  the  elec- 
tive franchise,  so  long  as  we  take  the  pains 
to  say  that  they  shall  not  admit  to  the  rights 
of  suftrage  any  man  who  has  been  convicted 
of  treason  or  felony,  or  who  is  insane  or  idiotic. 
And  I  do  not  see  what  benefit  the  Amnesty 
Proclamation  would  be  to  any  white  man,  pos- 
sesssing  the  soul,  and  spirit,  and  lu'ide  of  a  white 
man,  if  by  that  prochunatiim  he  is  to  lie  merely 
relieved  from  the  punishment  inflicted  upon 
the  traitor,  but  not  restored  to  any  of  the 
rights  which  belong  to  white  men.  I  do  not 
believe  that  that  is  the  spirit  of  the  proclama- 
tion, or  that  that  is  its  intention.  I  believe  it  is 
intended  to  act  like  the  pardon  of  the  Governor 
of  a  State  extended  to  a  culitrit  in  the  peni- 
tentiary, restoring  him  to  all  his  former  civil 
rights.  And  if  we  had  the  power  to  run  coun- 
ter to  the  spirit  of  that  proclamation,  I  do  not 
think  we  ought  to  do  it,  but  we  should  rather 
act  in  accordance  and  in  harmony  with  the 
spirit  of  those  who  are  high  in  power,  ad- 
ministering the  affairs  of  the  nation. 

]\Ir.  EARL.  I  shall  not,  upon  this  question, 
detain  the  Convention  long.  I  am  glad  to  see 
that  there  is  a  spirit  of  liberality  manifested 
here.  1  feared  at  one  time  that  this  proposition 
would  be  defeated,  but  I  now  feel  that  the  way 
is  clear  again.  I  ask  if  it  would  not  savor 
somewhat  of  State  Rights  doctrine  if  we  here, 


94 


RIGHT  OF  SUFFRAGE. 


[4th  day 


Thureday.] 


Hawley— Crosmax — TozEK— LocKwcon. 


[July  7. 


in  the  face  and  eyes  of  the  Government,  stand 
np  unJ  siiy  tliat  the  Govornnu'iit  has  done 
wninj;  in  f'xU'iidiiijr  it-'  ninncsty  to  those  iiu'ii 
who  have  hei-u  eiiira^'eil  ill  relnllion.  I  tliink, 
for  my  iiart.  it  woiihl  savor  strongly  of  State 
Kif:lits.  It  wiiiiKl  he  one  of  those  extremes 
which  we  ought  to  avoid. 

Now,  sir.  in  regard  to  the  disfranchisement 
of  those  iieople.  we  have  but  to  look  at  other 
nations.  If  you  look  at  the  history  of  Scot- 
hind,  what  do  you  find?  They  have  become  a 
tlioroiighly  loyal  people  to  the  British  (Govern- 
ment, because,  alter  they  were  practically  sub- 
jugated, tiiey  were  not  Itorne  down  l)y  the  power 
of  (Jreat  IJritain.  but  were  treated  as  ecpials. 
(»n  the  other  hand,  look  at  Ireland.  As  long 
as  her  people  have  left  tlie  spirit  of  men  within 
them  they  will  be  ct)nstantly  endeavoring  to  re- 
volutionize, and  the  time  may  come  when  they 
will  succeed.  And  wiiy  ?  Because  they  are  and 
hav»'  been  down-trodden  by  the  British  Govern- 
ment, just  as  the  people  of  the  South  wouhl  be  if 
we  attt-mpted  to  tread  them  under  foot.  Those 
people,  so  long  as  they  had  a  spark  of  man- 
hood in  them,  would  resent  it.  1  hope,  if  the 
Beclioii  remains  at  all.  that  the  Convention  will 
not  strike  out  the  words  proposed  to  be  stricken 
out  by  the  gentleman  from  Washoe,  which 
wtuild  di-i|'raneliise  them  in  every  way.  1 
would  prefer  to  leave  the  whole  matter  to  the 
Legislature,  believing  they  would  be  better 
judges  llian  we  as  to  who  should  be  admitted, 
from  time  to  lime,  to  the  privilege  of  the  elec- 
tive franchise. 

.Mr.  IlAWi.EV.  I  hold  that  all  acts  of  the 
Legislature  wiiich  can  have  no  practical  ellVct. 
are  worse  than  sui)ertluous.  Now.  sir.  I  submit  to 
the  gentlemen  who  have  advocated  the  striking 
out  of  this  paragrajdi  which  has  led  to  so  long  a 
debate,  wiiat  metiioil  can  l)e  iulopted  l)y  the 
autliorities  to  discriminate  between  those  j)artics 
who  ha\  e  borne  arms,  and  held  civil  and  mili- 
tary oflices  under  the  Confederate  (xovernment, 
ami  .John  Smith,  or  John  Jones,  or  any  other 
individual?  Is  the  State  of  Nevada  to  .send 
Commis-ifuiers  to  the  Confederate  capiUil,  to 
demand  of.b'if.  Davis's  Ailjiitant  (leneral  an  in- 
Hpeeiion  of  tile  muster  rolls  of  the  Confederate 
army?  Are  we  to  send  Connnissioners  to  the 
Be  vera!  so-called  Confederate  States,  and  to  de- 
mand of  their  respective  Secretaries  of  State 
that  our  Commissioners  be  allowed  to  examine 
tlie  connnissions  of  all  tiu-ir  several  officers? 
The  enai-tmeiit.  if  it  is  an  enactment,  must,  in 
tJie  nature  of  tilings,  prove  inoperative.  It 
would  be  a  work  of  Herculean  dilliculty  to 
achieve  anv  residts  under  an  enactment  of  this 
kind,  providing  that  tlie  classes  of  men  speci- 
fied therein  shall  lie  ileprived  of  the  elective 
franchise.  For  lliat  rea-im.  if  Ibr  no  other,  I 
think,  with  ail  resjiect  to  tlie  gentleman  who 
offered  it.  that  this  amendment  shonhl  lie  re- 
jected l»y  tlie  Convention,  and  llial  either  tlie 
Hection  should  remain  lus  it  is,  or  tlie  whole  siili- 
ject  matt«T  should  be  left  to  the  Legislature  of 
the  proposed  new  State,  in  order  that  liiey  may 


i  prescribe  the  regulations  controlling  elections, 
'  and  determine  who  shall  and  who  shall  not  ex- 
ercise the  elective  franchise. 

.Mr.  CUOSMAN.     1  have  but  a  few  words  to 
offer   in   relation   to  this  matter.     In  the  first 
place,   i  will  state  my  position,  which  is  this  : 
I  am  ojiposed  to  any  alterations  of  the  Article 
before  us.     Tiie  first  proposition  of  the  gentle- 
man from  Washoe  (Mr.  Nourse)  w'ould  not  meet 
with   my  ajijiroval.  for  the  reason  that,  in  my 
judgment,  it  would  lie  a  violation  of  the  princi- 
jiles  of  liberty  and  justice.     The  doctrine  we 
started  out  with  at  an  early  day,  the  doctrine 
which  we  wish  to  carry  out,  is  that  those  men 
who  have  been  engaged  in  the  rebellion  have 
erred — that  those  men  who  have  been  shedding 
the  blood  of  our  brothers  have  gone   astray, 
but  that  if  they  are  willing  to  come  back,  and 
\  be  good  citizens,  we  are  willing,  or  I  am  will- 
ing, at  least  for  one,  to  forgive  them,  although, 
'  under  the  circumstances,  it  may  seem  hard.     It 
would  be  hard  to  see  men   coming  up  to  the 
ballot-boxes  whom  we  know  are  still  traitoi'S 
I  at  heart ;  but  w'e  know  that  there  are  many  who 
I  have  sincerely  re])ented.     Doubtless  there  are 
'  many  still  in  the  rebel  ranks  who  have  repented, 
and  who  remain  there,  perhaps,  from  the  force 
of  circumstances  over  which  they  have  no  con- 
,  trol.     The  progress  of  events  may  have  forced 
,  them  along  until  they  found  themselves  in  the 
rebel  army.     Some  such  men  have  got  away, 
peihaps.  as  soon  as  they  could,  and  now,  if  they 
are  willing  to  take  an  oath  of  allegiance  to  the 
!  Government.  I  am   willing  to  extend  to  them 
the  hand  of  friendship.     I  think  that  humanity 
demands  it.     I  think  that   that  is  shown   to  be 
the  policy  of  our  (lOvernment.  and  1  think  that 
we  ought  to  extend  our  approval  to  that  policy, 
if  these  men  come  among  us.     So  far  as  relates 
to  striking  out  the  word '■  disloyal."  I  can  see 
no  necessity  for  it.     If  the  Legislature  is  going 
to  pass  laws  for  the  regulation  of  the  ballotdjox, 
they  may  lu-ovide  a  suitable  oath   for  parties 
to  take  who  are  suspected  oi  disloyal  acts.     The 
j  Article,  as  it  stands,  suits  me,  and  I  do  not  see 
the  necessity  for  any  alteration  whatrver. 
i     Mr.   TOZi'^R.     I  "hope   the   Convention   will 
come  speedily  to  a  vote,  and  act  upon  the  va- 
rious (piestions  pending  before  it.    And.  without 
discussing   the   matter   further,  or  giving  any 
reasons  why  and  wherefore.  I  will  only  say  that 
I  hojie  the  amendments  will   V)e  voted  down  ; 
and,  if  they  are,  I  have   prepared  an   amend- 
ment, in  accordance  with  the  suggestions  of  my 
colleague.  (Mr.  DeLong,)  which  1  hope  M'ill  then 
be  adoptecl. 

;     Mr.   LOCK  WOOD.    I  have  not  occupied  the 
'time  of  tlie  Convention  hitherto,  and  the  state 
()f  my  health  will  not  permit  me  to  make  any 
.  exf^-nded   remarks   upon    this   cpiestion.      But 
,  there  seems  to  me,  from  listening  to  the  discus- 
sion thus  far.  to  be  a  disposition  here  to  pander 
to  the  disloyal  sentiment  existing  in  the  Terri- 
tory.     One   gentleman    tells  us   he  is   fearful 
that  this  Constitution  will  not  be  adopted  if  we 
do  not  amend  this  section.     I,  for  one,  like  the 


4th  dav.] 


]IIGHT  OF  SUFFRAGE. 


95 


Thursday,] 


Kexxedy — TozER — Warwick. 


[July  7. 


clause  just  as  it  stood,  exactly.  There  has  been 
a  great  deal  said  about  justice.  Justice  to 
whom?  A  great  deal  has  been  said  about  Con- 
stitutional obligation.  Obligations  to  whom  ? 
Justice  and  Constitutional  obligations  to  the 
men  who  have  been  trying  to  stab  to  the  heart 
one  of  the  best  Governments  ever  known  in 
history?  Have  we  so  soon  forgotten  the  brave 
men  who  have  gone  forth  to  battle  for  our  lib- 
erties ?  Shall  we  so  soon  forget  the  new-made 
graves  all  along  the  banks  of  the  Potomac  and  all 
over  the  South,  that  we  should  be  over  prompt  to 
do  "justice  "  to  those  men  that  are  trying  to  stab 
the  Government  to  the  heart?  If  those  men 
have  proved  to  be  traitors  once,  if  they  have, 
under  certain  circumstances,  tried  to  destroy 
this  Government  once,  what  guarantee  have  we. 
I  ask,  that,  under  like  circumstances,  they  will 
not  attempt  to  do  the  same  thing  again  ?  Who 
would  be  so  inconsistent  as  to  hire  a  thief  to 
guard  his  treasure  ?  I  consider  that  the  ballot- 
box  is.  as  another  has  said,  the  palladium  of 
American  liberty,  and  I  would  guard  it,  and 
hedge  it  around  in  every  possible  way  ;  and  I 
believe  that  here  in  our  organic  act  is  the  place 
to  hedge  it  around  ;  the  place  to  build  bulwarks 
for  the  protection  of  that  sacred  pi'erogative. 
We  should  provide  that  no  one  having  even  the 
taint  of  treason  upon  him  shall  be  allowed  to 
come  to  the  ballot-box.  side  by  side  with  us 
Avho  have  sustained  the  Governmeut  in  its  hour 
of  darlvest  peril.  We  should  not  permit  them 
to  come  up  and  vote  with  us.  Shall  they  be 
permitted  to  govern  this  new-born  State  ?  Now, 
sir.  you  talk  about  justice.  I  feel,  for  one,  that  it 
is  but  justice  to  those  brave  men  who  have  given 
all,  even  their  lives,  to  their  country  ;  to  those 
men  who  have  fallen  around  Richmond  like 
leaves  in  the  autumn  forest,  that  those  who  par- 
ticipated in  this  cursed  rebellion  should  be  for- 
ever excluded  from  the  elective  franchise.  I 
know  there  are  many  loyal  men  in  that  section  of 
our  country,  and  some  of  them  may  have  reached 
our  Territory,  but  they  are  the  exceptions  to  the 
general  rule.  I  say  that  our  ballot-box  should 
be  securely  guarded,  and  controlled  only  by 
loyal  men.  1  agree  with  the  gentleman  from 
Lander,  [Mr.  Warwick],  as  to  the  character  of 
our  immigration.  I  know  of  men  here  who 
are  just  from  the  rebel  ranks ;  men  who 
have  served  under  Price,  in  Missouri,  and  if  we 
leave  the  ballot-box  open  to  that  class,  enough 
of  them  may  come  by  and  by  to  carry  the  elec- 
tions. I  think  if  a  man  were  ever  so  virulent 
a  copperhead,  he  could  scarcely  show  brass 
enough  in  his  face  to  come  out  and  attempt 
to  oppose  this  Constitution  for  the  reason  that 
we  have  retained  the  word  "  disloyal "  in  it.  I 
believe  that  it  is  good  enough  as  it  stands.  I 
was  not  a  member  of  the  last  Constitutional 
Convention,  and  therefore  I  can,  with  propriety, 
do  that  Convention  the  justice  and  the  courtesy 
to  say  that  I  believe  that  clause  as  it  stands  is 
just  what  it  should  be,  and  I  trust  this  Conven- 
tion will  leave  it  just  as  it  is,  voting  all  these 
amendments  down. 


Mr.  KENNEDY.  The  objection  is  made  here 
to  the  use  of  this  word  "  disloyal  "  that  it  is 
vagiie  and  impracticable,  and  to  meet  that  ob- 
jection. I  desire  to  read  one  section  from  the 
Constitution  of  Vermont,  as  it  was  passed  in 
1793  :— 

Sec.  21.  Every  man  of  the  full  age  of  tw'eiitj--one 
years,  having  resided  in  this  State  for  the  si)ace  of  one 
whole  year,  next  before  the  election  of  represcuta- 
tives,  and  is  of  a  quiet  and  peaceable  behavior,  and 
vnU  take  the  following  oath,  or  affirmation,  shall  be  en- 
titled to  all  the  privileges  of  a  freeman  of  this  State. 

Now.  since  1793,  they  have  had  no  trouble 
in  Vermont  in  making  that  language  practica- 
ble. Have  we  in  this  State  less  sense  than  the 
people  of  Vermont,  so  that  it  is  impossible  for 
us  to  make  this  provision,  in  regard  to  the  dis- 
loyalty of  persons,  something  that  shall  be  of 
practical  benefit? 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Nourse,  to  strike  out  the  words. 
'•  unless  an  amnesty  be  granted  to  such  by  the 
Federal  Government,"'  and  the  amendment  was 
not  agreed  to. 

The  question  recurred  upon  the  amendment 
offered  by  Mr.  Dunne,  to  strike  out  the  word 
•'  disloyal." 

Mr.  TOZER.  I  move,  as  a  substitute  for  the 
section,  the  following  : — 

Sec.  2.  No  person  who  has  been  or  may  he  con- 
tacted of  treason  or  felony  in  any  State  or  Territory 
of  the  United  States,  unless  restored  to  ci^^l  rights, 
and  no  idiot  or  insane  person  shaU  be  entitled  to  the 
privileges  of  an  elector.  And  the  Legislature  may  by 
law  determine  for  what  other  reasons  or  causes  any 
other  class  of  persons  than  those  mentioned  shall  or 
may  be  disqualified  from  exercising  the  elective  fran- 
chise. 

Mr.  WARWICK.  For  the  same  reasons,  sir, 
that  I  opposed  the  first  amendment  offered  this 
morning,  I  oppose  the  present  amendment.  I 
am  adverse  to  the  idea  of  striking  out  that  por- 
tion which  I  read  this  morning,  and  which  is 
the  portion,  above  all  others,  of  this  section  that 
1  desire  to  see  incorporated  in  the  oi'ganic  law 
that  we  are  now  about  perfecting — that  portion 
which  reads  as  follows  : — 

No  person  who,  after  arriving  at  the  age  of  eighteen 
years,  shall  have  voluntarily  borne  arms  against  the 
United  States,  or  held  ci\Tl  or  military  office  under  the 
so-called  Confederate  States,  or  either  of  them,  unless 
an  amnesty  be  granted  to  such  by  the  Federal  Govern- 
ment. 

Until  such  time  as  that  treasonable  act  shall 
be  covered  by  the  Amnesty  Proclamation,  to 
which  we  all  look  forward  for  the  peaceful  and 
triumphant  solution  of  the  war.  I  desire  to  ex- 
clude those  who  have  been  guilty  of  treason 
from  participating  in  the  elective  franchise.  I 
know  it  is  said  to  be  noble  to  have  a  giant's 
strength  and  yet  not  use  it  like  a  giant.  But  I 
contend  now,  as  I  contended  this  morning,  that 
every  principle  of  self-preservation  demands 
that  this  section,  above  all  others,  should  be 
incorporated  in  our  organic  law.  Why  is  it 
that  gentlemen  now,  in  this  our  hour  of  peril, 
while  we  are  battling  for  the  life  of  the  nation, 
desire  to  have  men  whose  hands  are  red  with 
the  blood  of  our  fathers,  and  brothers,  and  sons. 


96 


RIGHT  OF  SUFFRAGE. 


[4th  dny. 


Tbursday.] 


NOCRSE — Baj.'ks. 


[July  7. 


come  in.  and  fharc  with  us  in  the  elective  fran- 
chise urouiid  tliut  s.u-iv.l  palhuliuiii  ot  freoiloni. 
the  h.ilU.t  box  r  Why  do  thi-y  .U-sue  to  havo 
thin  iiix.vi^ioii  striL-k.-ii  out.  wbu-h.  ahoyo  all 
olhen*.  is  ih.'  iiii|)iTial  s.ilVjriuiril  ot  our  rights. 
What  is  it  we  a-kr  .^iiiiply  that  those  who 
are  enttajteil  in  rebellion  now  —  uot  those  who 
httve  bei-ii  iiiii>res.si'il ;  not  those  wlio.  under  a 
con<cri|>tioii  act  have  been  conipelled  to  bear 
inns  whether  willing'  or  not  -should  be  ex- 
cluded. Ihil  the  man  who  ean  stand  up  and 
Bay,  ••  1  have  not  willingly  borne  arms  against 
uiv'eouutrv  -no,  I  was  forced  into  the  ranks. 
add  1  ii'pent  mv  action."  is  not  e.vchulid.  This 
iiro\  i^iim  tloes  not  cover  him.  15ut  gentlemen 
are  not  satislied  with  that.  They  claim  that  all 
the  others  should  be  allowed  to  come  in  — that 
though  their  sin  be  as  scarlet,  yet  shall  they  be 
a**  white  x-'  wool.  Now  all  1  ask  is.  that  those 
who  \oluntarily  went  forward  and  raised  their 
KK-rilegious  ha'mls  against  the  Government  — 
thos«-  who  have  sought  to  tear  it  down  ;  those 
who  have  struggletl  to  murder  it.  when  the  life 
of  the  nation  was  trembling  in  the  balance ; 
Iho-^e  who  willingly  went  forward  — not  these 
who  were  compell«"-d  to  join  in  that  treasonable 
work— shall  be  excluded  from  the  elective  fran- 
chise in  the  coming  State.  Why.  here  we  are 
surrounded  witli  rebellion.  It  is  well  known 
that  there  is  no  Slate  or  Territory  in  the  Union 
which  hits  become  so  much  a  harbor  of  refuge 
for  secessionists  as  Nevada  and  California.  As 
u  gentleman  who  preceded  mc  remarked,  it  is 
here  they  tly  as  to  their  city  of  refuge.  In  my 
own  county  of  Lamler.  I  know  that  treason  is 
blut.mt  in"  almost  every  hamlet  and  village. 
Therefore  we  ask  that  this  provision  be  incor- 
|>imit<-d  in  our  Constitution,  whatever  else  you 
wc  tit  to  strike  out.  We  do  not  ask  that  those 
who  have  been  forced  into  the  ranks  of  rebel- 
lion shall  be  excludeil  from  the  ballot-box.  l)ut 
tho«-  who  hav4'  viduntiirily  l)orne  arms  ;  those 
who  have  contributed  to  aid  the  rebellion  — 
from  wh  itever  motive  ;  whether  it  be  southern 
cupidity,  or  southern  pride,  or  hatred  of  north- 
cm  institutions  — all  those  men  who  have  vol- 
untarily sought  to  overthrow  the  (Jovernment. 
at  leiL«t  until  riiat  (iov<-rnment  be  placed  again 
upon  u  stable  foundation.  Let  us  use  every 
means  in  our  jtower  for  the  .security  of  our  lilj- 
erties.  uiid  our  rights. 

Now,  then,  the  proposition  niaile  here,  to 
Rtrike  out  these  words,  "  disloyal  persons,"  it 
w«'ms  to  me,  ouglit  to  rover  every  ground  of 
obji-ction.  Tin-  only  objectitui  raised  is.  that 
tlje  words  are  vague,  ami  that  it  would  be  al- 
nioMi  impossible  to  define  the  character  of  the 
offiMife.  We  know,  nn  ha.<»  been  stated  on  the 
floor  of  thi.s  Convention,  that  men  dilfering  in 
opinion,  whow  loyalty  is  liki-  the  virtue  of 
Ca-siir's  wife,  not  only  ])ure  liut  above  susjii- 
cion.  hive  been  (•harge<l  and  re-charged  with 
dlslovaltv,  although  those  charges  have  no  more 
weigiil  tliaii  that  of  a  feather  in  the  balance. 
TberiTofe.  uA  the  offen.se  ]n  undefinable.  and  as 
there  woulil  be  no  pos.sibility,  under  this  jirovi- 


I  sion.  of  arriving  at  just  conclusions,  I  am  will- 
!  ing  to  sec  those  words  stricken  out,  but  I  tru-st 
'■  that  the  lu-iginal  section  will  remain  otherwise 
just  as  it  was  adoijted  by  the  Convention  of  last 
i  fall,  leaving  in  the  provision  excluding  those 
;  who  have  voluntarily  borne  arms  against  the 
(Jovernment. 

1      That  provision  humanely  sets  a  limit  in  regard 
'  to  age.     The  boy  of  sixteen  can   scarcely  be 
considered  as  accountable,  and  the  provision 
extends  only  to  those  who  have  been  in  the  re- 
bellion  after  arriving  at  the  age  of  eighteen 
I  years.     How  merciful  the  provision!     He  shall 
I  "be  a  man  with  an  intellect  capable  of  jmlging 
;  between  right  and  wrong— not  a  cliild  stolen 
j  from  his  mother's  side,  or  a  lad  misled  by  the 
example  and  influence  of  bad  companions,  who 
rushes  headlong  into  the  fight.     But  if  he  is  a 
man   capal)le   of  judging   lictween   riglit  and 
wrong,  and  if  he  has  voluntarily  sought  to  de- 
!  stroy  this  (Jovernment.  then  all  we  say  is,  not 
'  that"  any  great  punishment  shall  be  inflicted,  but 
i  siin])ly'that  he  shall  not  share  with  us  in  the 
elective  franchise,  until  such  time  as  an  amnesty 
l)roclamation  shall  have  wa.shed  away  his  fear- 
ful  crime.     I   think   that   when    this   question 
comes  to  a  vote,  this  Convention,  owing  to  the 
vagueness  of  descrijition  in  the  word  '•  disloyal," 
will  l»e  willing  to  strike  that  out,  and  will  then 
insist  that  the  remainder  of  the  section  shall 
stand  as  originally  incorporated  by  the  former 
Convention. 

y\r.  NOCRSE.  I  desire  to  make  one  remark. 
I  think  the  gentleman  who  has  offered  this 
amendnu'nt  hardly  noticed  how  wide  is  the 
door  it  oi)ens.  Cnder  it  the  Legislature  may 
exclude  any  person  under  heaven.  It  may  ex- 
clude gray-headed  men,  or,  far  worse  for  some 
of  us.  it  may  exclude  bald-headed  men,  or  any- 
thing of  that  sort.  [Laughter.]  It  seems  to 
nil-  that  the  gentleman  who  offered  the  amend- 
ment will  hardly  insist  upon  it  when  he  finds 
that  it  ojjens  the  door  so  as  to  permit  the  Leg- 
islature to  exclude  any  class  of  men  it  pleases. 
Mr.  BANKS.  The  proposition  offered  by  my 
colleague,  (Mr,  Dunne,)  is  one  which  has  been 
vt'i'y  fairly  discussed  here,  and  I  do  not  propo.so 
to  rejicat  what  has  been  so  alily  said  by  others 
ujjon  that  ]M'opositii)n.  I  will  siin})ly  say  that 
1  am  in  favor  of  striking  out  the  word  "  dis- 
loyal." on  account  (jf  the  indefiniteness  of  that 
word,  at  least  in  the  opinion  of  th(!  very  au- 
thority liy  which  its  meaning  would  have  to  be 
ilctermined— to  wit,  the  members  of  this  Con- 
vention. 

But  there  has  been  introduced  here,  by  the 
gentleman  from  Storey  on  my  right,  (Mr.  Tozer,) 
an  amendment  which  embraces  propositions 
which  I  conceive  to  ])e  most  dangerous,  if  they 
are  not  altogether  foreign  to  the  institutions  of 
our  country.  His  ])roposition.  narrowed  down 
to  a  few  words,  may  l»e  thus  stated  :  He  pro- 
poses that  till'  Legislature,  by  a  majority  vote, 
may  determine  who  shall  and  who  shall  not 
vote — who  shall  aiul  who  shall  not  exercise  the 
greatest   of  American   privileges,  the   right  of 


4th  day.] 


RIGHT  OF  SUFFRAGE. 


97 


Thursday,] 


Banks — Frizell. 


[July  7. 


the  elective  franchise.  Now,  without  entering 
into  anything  which  may  be  regarded  as  the 
philosophy  of  this  question,  let  us  view  it  in 
the  light  of  tlie  practical  affairs  of  life,  as  we 
see  them  aroun<i  us  every  day,  and  iiu|uire 
how  the  thing  will  work  in  practice.  At  one  time, 
by  means  of  those  agencies  which  politicians 
know  so  well  how  to  use,  popular  sentiment 
may  be  aroused  ;  unphilosophical  ]>olitical  doc- 
trines may  be  promulgated,  and,  for  the  time, 
the  popular  ear  may  be  controlled  )>y  them  ; 
the  i)opnlar  mind  may  be  deceived  ;  and  the 
populai'  heart  may  be  made,  for  the  time  being, 
if  not  altogether  wrong,  at  least  to  move  in  a 
wrong  direction.  Take  an  instance  which  is 
within  the  memory  of  all.  I  recall  the  time 
when  men,  from  the  press  and  the  pul])it,  and 
other  prominent  points,  began  declaiming 
against  our  citizens  of  foreign  birth,  and  in  time 
a  dangerous  sentiment  was  aroused,  to  such  an 
extent  that  had  a  Legislature  then  met,  possess- 
ing the  power  which  this  amendment  proposes 
to  confer,  of  deciding  who  shall  and  who  shall 
not  be  permitted  to  vote  at  our  elections, 
all  that  class  of  our  fellow-citizens  would  have 
been  excluded  from  the  exercise  of  the  elective 
franchise.  Now,  sir.  I  ask,  with  our  present 
feelings  upon  that  subject,  would  we  be  willing 
to  have  any  such  event  happen  in  our  Territory  '! 
I  hope  the  right  to  exercise  this  high  prerog- 
ative will  l)e  so  fixed  in  the  Constitution  that 
passion  will  not  be  able  at  any  time  to  exert 
such  an  influence  upon  it  as  it  might  do  under 
the  provision  which  this  amendment  proposes 
to  place  in  our  Constitution.  I  see  no  diflSculty 
in  allowing  the  section  to  stand  as  it  is,  with 
the  word  "  disloyal "'  stricken  out.  "We  shall 
then  leave  our  Legislature  to  be  guided  by  a 
certain  rule,  and  all  persons  who  have  raised 
their  arms  against  the  Government  will  be  ex- 
cluded until  that  Government  sees  fit  to  pardon 
their  offenses.  AVe  then  secure  every  advan- 
tage to  be  derived  from  such  persons  becoming 
rejientent. 

We  all  know  that  men  judge  more  wisely  as 
they  grow  older.  I  have  myself;  in  common 
with  many  others  here,  stood  on  the  stump,  and 
acknowledged  Avith  shame — aye,  with  burning 
shame — that  I  once  trained  in  the  ranks  of  the 
Democracy,  and  proclaimed  slavery  to  be  a 
divine  institution.  I  was  willing  at  one  time, 
as  others  were,  to  march  in  those  ranks,  and 
to  maintain  that  doctrine.  But  we  feel  that 
we  were  monstrously  wrong  in  the  position 
which  we  then  held,  and  in  our  declarations 
of  what  we  were  willing  to  do  in  an  emer- 
gency in  defense  of  the  principles  which  we 
then  believed  in,  and  we  now  repent  of  that 
wrong.  Now  if  you  or  I,  Mr.  Chairman,  at 
the  outbreak  of  this  rebellion,  had  belonged 
to  the  State  Rights  party,  and  had  lived  in  the 
South  ;  if  we  had  been  roused  to  enthusiasm 
in  the  support  of  those  principles,  in  which  we 
fully  believed,  who  knows  but  we,  too,  might 
have  raised  our  hands  against  the  Government 
of  our  country  ?  We  might,  perhaps,  have  been 
G 


promoted  to  positions  above  that  of  the  rank 
of  Colonel,  and  then  we  could  not  even  have 
come  in  under  the  provisions  of  this  part  of  our 
Constitution. 

Now,  in  view  of  all  the  circumstances  of  the 
case,  in  view  of  what  we  know  of  human  na- 
ture— that  men  may  be  thoroughly  wrong  one 
day,  and  at  heart  and  in  principle  right  the  next 
day — in  view  of  the  past  history  of  our  country, 
in  view  of  what  we  know  in  regard  to  the  dan- 
ger likely  to  arise,  why  should  we  give  the  Le- 
gislature the  power  to  determine  that  no  one 
who  is  not  a  gray-headed  man,  or  a  bald-headed 
man,  or  any  other  description  of  a  man  they 
please,  shall  be  allowed  to  vote,  or  that  the 
volunteers,  or  any  other  class  of  our  citizens, 
shall  be  excluded  from  that  right  ?  In  view  of 
the  dangers,  I  say,  arising  from  human  passions 
exercised  in  that  way,  I  do  hope  that  we  shall 
adopt  no  such  monstrous  provision  as  is  con- 
tained in  this  amendment,  allowing  a  temporary 
majority  in  the  Legislature  to  control  so  im- 
portant a  matter. 

Mr.  FRIZELL.  I  rise  to  make  a  few  remarks 
in  support  ot  the  amendment  offered  by  my 
friend  and  colleague  from  Storey,  (Mr.  Tozer.) 
Gentlemen  will  perceive,  by  close  attention  to 
the  section,  as  proposed  to  be  amended,  that 
everything  which  properly  belongs  to  a  consti- 
tution, or  which  should  be  fixed  in  a  State  con- 
stitution, in  this  regard,  is  contained  in  that 
amendment.  The  amendment  reads  in  this^wise  : 

"No  iiersou  who  has  been  or  maybe  convictecl  of 
treason,  or  felouy,  in  any  State  or  Territory  ol'  the  Uni- 
ted States,  unless  restored  to  civil  rights,  and  no  idiot, 
or  insane  person,  shall  be  entitled  to  the  privilege  of 
an  elector,"  etc. 

All  that,  in  the  middle  of  Section  2,  as  printed, 
which  applies  or  relates  to  disloyal  persons,  is 
omitted  from  this  amendment,  and  left  entirely 
to  the  Legislature  of  our  future  State  of  Nevada. 
I  think  that  is  the  proper  course,  and  I  will  pro- 
ceed, in  my  feeble  manner,  to  tell  you  why  I 
think  so.  Gentlemen  are  aware  that  I  have 
made  Tnit  few  remarks  in  this  Convention,  ov*'- 
ing  to  indisposition,  and  I  am  scarcely  able  to 
address  the  Convention  now.  As  to  the  rights 
of  the  different  States  in  the  regulation  of  the 
rights  of  suffrage,  it  will  be  observed  that  the 
different  States  have  taken  quite  different  action 
upon  this  subject.  In  some  States,  as  has  been 
remarked  by  the  gentleman  from  Washoe,  on 
my  left,  (Mr,  Nourse,)  colored  men  have  been 
allowed  to  vote  ;  in  othoir  States,  again,  the 
statutes  have  required  a  pi'operty  qualification  ; 
and  in  still  others,  the  Legislature  have  i-equired 
men  to  pay  a  poll-tax,  as  a  prerequisite  to  the 
right  of  voting  ;  but  none  of  the  requirements  or 
measures  advocated  by  gentlemen,  so  far  as  I 
have  examined,  have  been  inserted  in  the  Con- 
stitution of  any  State.  Another  particular  rea- 
son for  leaving  this  subject  to  the  Legislature, 
is  this  :  that  the  very  nature  and  course  of  this 
rebellion  may,  and  probably  will,  take  different 
shapes  and  shades  every  year,  and  what  form  it 
may  ultimately  assume,  we  cannot  foresee. 


;iS 


RIGHT  OF  SUFFRAGE. 


[4tli  cla^^ 


Thursday,] 


Coixixs. 


[July  7. 


Now.  the  gentlorann  from  Humboldt  who 
la«t  *iiok<'  [Mr.  Hanks]  roforrcd  to  passion.  Ho 
d.ii.l  timt  the  Li-i.'islntiuv  niisht  ))l'  actnatvd  by 
1.  i"i..ii.  Itiit  wi>  mi'i't  hiTi'  ill  till'  most  critical 
i»-;."l.  as  I  l.iok  at  it.  of  the  rebellion,  and  wc 
jir..]...M'  now  t'>  (i.v.  and  establish,  and  stamp,  a 
law  in  our  State  Constitution  that  is  almost  ir- 
revocable—a law  which  is  to  govern  in  all  fu- 
ture times,  notwithstanilinji  the  fact  that  this 
n-bellion  will  inevitably  take  ditferent  sliades 
fri.m  ye;ir  to  year.  1  certainly  tliink  it  would 
be  t.etter  t..  leave  it  to  tile  Le.u:i>l:»tun'.  Why 
sh,.  lid  not  a  Lef^islature  of  the  State  of  Ne- 
vada, a  fjreat  State,  as  we  hope  it  will  be  in  the 
future,  comiu}?  up  fresh  from  the  people,  be 
the  proper  bo«ly  to  refer  such  a  subject  to?  It 
n>uv  be  larger  in  numl>ers.  and  even  a  more  in- 
telliircnt  and  ilijrnitied  ))ody  than  this  Conven- 
tio'.i  and  wliy  siiould  we  be  afraid  to  entrust 
our  rijrht*  to  such  a  body  ? 

If  we  refer  back.  ^Ir.  Chairman,  to  the  his- 
i-irv  of  other  nations,  to  the  civil  wars  of  Eng- 
land, to  tlie  wars  of  the  Jvosc:*.  or  the  wars  of 
the  Lonjr  I'ariiament  with  James  or  Charles. 
w.-  will  lind  that  after  once  tlu>  wars  had  closed 
the  ditliL-ulties  were  healed  up  and  forgotten; 
and  tliat  there  was  no  persecution  against  those 
whii  had  been  in  arms.  Now.  I  hold  that  any- 
tliin'^  like  this  in  our  State  Constitution  would 
be  jiersecution.  I  say.  let  the  rebels  ))e  pun- 
i^he  1  if  the  Keileral  Government  sees  fit.  and 
to  tlie  ext"nt  it  sees  lit.  but  do  not  persecute  ; 
and  I  apjieal  to  you,  Mr.  Chairman,  whether 
you  ever  knew  of  any  sect,  political  or  re- 
iifjious,  which  was  persecuted  for  its  pe- 
culiar tenets.  Imt  what  that  sect  increased  and 
jirospered  ■/  I  say.  then,  punish,  but  do  not 
jieiN.'cnte.  Leave  tlu'  door  open  for  tlu'  rebels 
to  retnrn  to  their  allegiance,  and  leave  it  to 
the  Legislature  of  our  future  State  to  regulate, 
frtim  year  to  year,  this  subject  of  the  elective 
franchi-'e.  I  do  think  that  this  ])oison  of  seces- 
nioii.  tijMiken  of  by  the  gentleman  on  my  left 
[Mr.  Nourse].as  being  infused  in  the  veins  and 
vitals  of  the  Republic,  can  be  eradicated. 
and  that  the  best  way  to  eradicate  it  from  so- 
ciety would  be  to  leave  those  men  a  chance  to 
return,  und  not  persecute  them.  If  this  matter 
is  left  to  the  Legislature,  they  could  shape  a 
law  Jir  laws,  from  time,  to  time,  to  meet  the 
ca-e  ill  all  its  phitses. 

Mr.  CI  iLLINS.  I  do  not  feel  at  liberty  to  al- 
low this  subject  to  come  to  ii  v(de  without  say- 
ioif  a  few  words  in  Veganl  to  it.  I  tiiink  that 
tin-  amendment  ]iro]Mised  by  my  colleagiu'  [.Mr. 
T<i/.<-r]  covers  the  entire  u'round.  It  leaves  the 
(|ii-lion  entirely  at  lln-  di-^jiosal  of  future 
I.'gislatures  to  meet  any  of  those  extraordinary 

iieri^encie.s   that  may  arisi-.  retpiiring  action 

ich  a.s  this  section  contemplates.  This  origi- 
nal section  pnjjioses  to  jooscribe  men  who  have 
borne  arms  against  the  (lovernment.  f)r  who 
h:ive  hi'ld  oflice,  either  military  or  civil,  under 
that  (iovernineut.  J{iit  I  do  )n<iti'st  that  we 
fMijiht  to  be  very  cautious  alioiit  incorporating 
into  our    organic  law  any  section,   cluase  or 


phrase,  that  shall  point  continually  to  any  par- 
ticular class  of  men.  or  that,  in  its  operation, 
shall  consjiire  constantly  to  excite  their  hostility, 
awaken  their  pride,  or  arouse  their  passions.  We 
do  not  wish  to  excite  men  to  hostility  against 
the  State,  but  rather  to  beckon  them  on  to 
a  V)etter  and  higher  condition.  I  am  fully 
conlident  myself  —and  I  l)elieve  that  I  have  about 
as  much  of  human  nature  in  my  composi- 
tion as  most  nu-n — that  if  1  were  compelled  to 
stand  proscribed,  by  my  position  in  any  com- 
munity. I  should  feel  it  a  constant  challenge  to 
excite"  my  hostility.  The  sense  of  persecution 
and  wrong  -would  be  constantly  awakened 
within  me.  and  I  should  be  induced  to  try  to 
enlist  the  feelings  and  sympathies  of  rny  neigh- 
bors and  associates,  to  incite  them  to  unite  with 
me,  •'  like  kindred  drops  in  one.""  in  carrying 
out  the  per])etual  antagonism  which  would  be 
aroused  in  my  own  breast.  That,  I  believe, 
w'onld  bo  the  ordinary  impulse  of  human  na- 
ture. 

Now.  I  say.  let  this  rebellion'  be  put  down. 
Let  all  the  force  at  the  command  of  the  Gen- 
eral Government  l)e  employed  ;  let  the  back- 
bone of  the  rebellion  be  broken  ;  let  the  author- 
rity  of  the  nation  be  maintained  ;  let  the  lead- 
ers of  the  rebellion  be  strung  up  between 
heaven  and  earth,  expatriated  and  imprisoned, 
and  their  property  confiscated.  But  when  that 
shall  be  done,  let  the  hatchet  be  buried,  and  let 
those  who  have  Ijeen  the  subordinates  and 
dupes  of  those  rebel  leaders  be  friends  with  us 
again.  It  is  not,  or  should  not  be,  our  oliject  or 
intention  to  devise  any  ways  or  means,  or  to 
enact  any  provisions.  Jiy  which  this  spirit  of 
antagonism  or  hostilty  shall  l)e  constantly  inten- 
sified. We  shonld.  I'ather  than  aggravate,  seek  to 
conciliate,  so  that  when  the  asperities  of  the  war 
shall  have  passed  aw'ay,  the  animosities  it  has 
engendered  ma)'-  be  forgotten,  and  we  may  be 
onco  more  brothers  and  friends,  instead  of 
cherishing  against  each  otlier  a  si)irit  of  perpe- 
tual antagonism.  When  the  war  is  ended,  let 
the  i)rejndices  and  iiassions  which  it  has  awak- 
ened into  life  lie  buried  forever. 

Gentlemen  talk  about  the  passions  of  the 
Legislature.  Is  there  a  probal)ility,  I  ask,  that 
the  passions  of  the  Legislature  in  the  future 
will  be  more  excited  on  this  su))ject  than  our 
own  passions  now  are.  when  our  hearts  are 
blee<ling  afresh  with  the  losses  we  have  sus- 
tained of  fathers,  and  brothers,  and  sons,  whose 
bones  are  bleaching  on  southern  soil '?  As  we 
pass  through  the  country  and  .see  Avhole  fam- 
ilies in  the  weeds  of  mourinng,  as  we  look 
ujion  the  dark  cloud  of  sorrow  and  suffering 
which  has  si)read  over  the  land,  can  we  help 
[  thinking  that  if  there  is  any  time  in  the  history 
[  of  the  war  at  which  men  are  liable  to  be  ex- 
cited by  passsion,  it  is  the  present  moment? 
I  would  warn  gentlemen  of  the  Convention  not 
to  allow  themselves  to  be  governed  by  that 
excitement  and  jiassion  which  now  prevails.  I 
know  it  is  ])opular  to  rail  and  to  proscribe,  but 
1 1  have  myself  seen  too  much  proscription  from 


4th  day.] 


RIGHT  OP  SUFFRAGE. 


99 


Thursday,] 


Collins. 


[July  7. 


the  very  party  which  has  brought  this  war  into 
existence,  not  to  understand  and  recognize  the 
danger  of  proscription,  and  the  want  of  sound 
judgment  and  philosophy  in  those  who  would 
advocate  it.  No!  The  proper  time  for  this  pro- 
scription, if  Ave  must  have  it — and  I  do  not 
know  but  the  future  will  demand  it — will  be 
wlien  the  occasion  shall  arrive.  If  the  rebels 
in  this  Territory,  or  State  as  it.is  to  be,  shall  con- 
spire together  to  overthrow  the  Govei'ument, 
and  endeavor  to  plant  their  feet  upon  the  neck 
of  freedom,  then  it  will  be  time  enough  to  use 
the  means  which  the  proposed  amendment  to 
the  Constitution  gives  us,  for  our  own  jirotection. 
And,  by  the  amendment  offered  l)y  my  col- 
league, the  Legislature  will  have  full  power  to 
adopt  this  policy  of  proscription.  God  send 
that  the  occasion  may  never  come !  I  have  full 
faith  to  believe  that  when  the  re]>ellion  is 
crushed,  as  it  may  be  at  an  early  day,  the  loyal 
sentiment  of  the  country  will  be  ample  to  absorb 
and  control  the  hostile  element.  I  believe  that 
those  men  who  are  now  contending  against  the 
Government,  when  they  shall  cross  the  moun- 
tains and  the  plains  to  this  State,  will  be- 
come as  firmly  convinced  of  their  wrong  as  we 
now  are — that  their  suffering,  and  self-denial, 
and  poverty,  will  be  a  lesson  that  will  teach 
them  to  appreciate  the  blessings  of  free  institu- 
tions. And  when  they  mingle  with  us,  and  find 
that  we  receive  them  in  a  liberal  spirit,  that  the 
right  hand  of  fellowship  is  not  withheld,  I  do  be- 
lieve that  there  will  l)e  no  difficulty  in  moulding 
them  into  good  citizens.  Having  full  faith 
in  this  moral  power,  in  the  efficiency  of  free 


Then  comes  in  this  section,  proposed  by  my 
colleague,  to  be  amended  so  as  to  read  : — 

Sec.  2.  No  person  who  has  been  or  may  be  convicted 
of  treason  or  felony,  in  any  State  or  Territory  of  the 
United  States,  unless  restored  to  civil  rights,  and  no 
idiot  or  insane  person  shall  be  entitled  to  the  privileges 
of  an  elector,  and  the  Legislature  may,  by  law,  deter- 
mine for  what  other  reasons  or  causes' any-  other  class 
of  persons  than  those  mentioned  shall  or  may  be  dis- 
qualilied  from  exercising  the  elective  franchise. 

Now,  I  would  like  to  invite  the  serious  attention 
of  the  Convention  to  another  matter,  and  that 
is,  the  entire  impracticability  of  this  section,  or 
clause,  proposed  to  be  stricken  out.  I  want 
gentlemen  to  look  at  it  carefully.  It  is  gener- 
ally admitted,  by  the  members  of  the  Conven- 
tion, that  the  word  "disloyal,"  in  that  last 
clause,  shall  be  stricken  out.  And  why?  Merely 
because  it  is  so  difficult  to  decide  as  to  who  is 
disloyal.  A  man  may  have  been  disloyal  last 
year,  and  to-day  he  may  be  exceedingly  loyal. 
Why,  sir,  I  can  remember,  twenty,  twenty-five,  or 
thirty  years  ago,  that  when  a  man  dared  to  stand 
up,  in  the  Northern  States,  in  New  England,  in 
New  York,  in  Ohio,  in  any  of  the  Northern 
States,  and  declare  that  he  believed  slavery  was 
wrong,  that  it  was  contrary  to  every  principle 
of  republican  government,  and  to  the  teachings 
of  the  Gospel,  those  very  men,  who  now  are 
the  loudest  and  most  earnest  in  their  hostility 
against  slavery,  the  most  earnest  advocates  of 
the  war,  the  readiest  and  firmest  supporters  of 
the  President  and  of  the  Emancipation  Procla- 
mation, Avere  then  the  readiest  and  most  eager 
to  throAV  addled  eggs  at  the  man  Avho  declared 
those  sentiments.     Do  they  entertain  such  feel- 


principles,  in  the  efficacy  of  free  schools,  and  ings  noAV  ?    Certainly  not.   And  Avhy  ?  Because 


in  the  power  of  this  free  i)eople,  Avith  its  intel 
ligence,  its  industry  and  its  energy,  I  am  confi 
dent  that  we  shall  be  more  than  equal  to  the 
absorption  of  all  of  that  rebellious  element 
which  may  come  among  us. 

A  little  buncomljo  has  been  introduced  by 
some  gentlemen  Avho  have  spoken  on  the  other 
side,  to  the  effect  that  if  this  amendment  shall 
be  adopted,  as  introduced  by  my  colleague,  the 
Legislature  may  exclude  from  A'oting  the  bald- 
headed  men,  or  gray-headed  men,  or,  perhaps, 
the  red-headed  men,  Avhieh  I  suppose  would  in- 
clude my  friend  from  Humboldt.  [Laughter.] 
They  tell  us  that  there  is  danger  of  such  classes 
of  men  Ijeing  proscribed.  Why,  if  gentlemen 
will  read  the  first  section  of  this  Article,  they 
Avill  find  that  this  difficulty  is  all  made  clear. 
I  Avill  read  it,  for  the  benefit  of  those  gentlemen, 
that  they  may  know  that  they  are  entirely  mis- 
taken, and  that  the  Convention  may  see  that  this 
argument  is  merely  for  buncombe,  and  nothing- 
more  : — ■ 

Section  1.  Every  white  male  citizen  of  the  United 
States,  (not  laboring  under  the  disabihties  named  in 
this  Constitution,)  of  the  age  of  twenty-one  years  and 
iipwards,  who  shaU  have  resided  in  the  State  six  months, 
and  in  the  district  or  county  thii-ty  days  next  preceding 
any  election,  shall  be  entitled  to  vote  for  all  officers  that 
now  are  or  hereafter  may  be  elected  by  the  people,  and 


circumstances  have  transpired  to  change  the 
prevailing  sentiment,  and  the  sentiments  of  men 
have  therefore  been  changed,  so  that  those  men 
are  to-day  among  our  best  and  most  devoted 
Union  men.  Then,  I  say,  are  we  to  shut  down 
and  close  forever  the  gates  against  future  re- 
pentance ?  Sir,  I  knoAV  of  men  Avho  have 
been  earnest  secessionists,  men  who  have  been 
zealous  enemies  of  the  Government  of  the  Uni- 
ted States,  Avho  have  already  seen  their  folly, 
and  Avho  noAV  stand,  shoulder  to  shoulder,  de- 
fending their  country  against  the  assaults  of  re- 
bellion. I  ask  Avhether  there  is  to  be  no  door 
of  escape  for  them?  Are  they  to  haA^e  no 
hope?  Are  not  the  power  and  force  of  free 
principles,  and  the  power  and  force  of  the  arms 
of  the  Federal  Government,  equal  to  the  task 
of  couA'crting  and  persuading  them  to  a  better 
life,  and  to  good  citizcnslii])  ?  My  faith  in  the 
good  that  is  in  men,  and  in  the  poAver  of  justice, 
is  such  as  to  lead  me  to  rely  on  that  good  and 
that  poAver. 

My  friend,  the  gentleman  from  Lyon,  [Mr. 
Kennedy,]  has  attempted  to  arraign  the  good 
old  State  of  Vermont,  and  has  brought  her 
Constitution  here,  when  the  argument  of  imprac- 
ticability Avas  presented  in  regard  to  this  word 

^ _  "  disloyal."     He  says  that  certainly  if  such  lan- 

upon  all  questions  submitted  to  the  "electors  at  such  |  guage  was  good  enough  for  Vermont,  it  Avill  be 
election.  I  good  enough  for  us     Now,  I  have  to  say  that  I 


100 


RIGHT   OF  SUFFRAGE. 


[4th  day,^ 


Thursday.] 


Kex.vedy — DeLong — Collins. 


[July  7. 


have  a  little  knowledge  of  the  history  of  that 
tiwte.  and  1  know  tlu-  tioubk'.  perpUxity  and 
annovaiice  that  thi'  pcojtK-  have  siirtV'ied  iiiuKt 
that  i>r.>vi>lon  which  hi-  has  ivad.  on  accuiiiit  of 
iho  ch  ip_'»->  whioli  liad  or  ovor-/A'alt)US  nu-u  liavi' 
»>nni}:ht  ag.uiisi  tiiose  wliom  tiii-y  desired  to 
jiroscrihe.  For  nearly  twenty  years  the  citizens 
of  Vermont  strufr^'leirearnestly  to  that  end.  and 
finallv.  in  l^If^,  they  succeeded  in  dianginfj;  the 
Constitution  in  snefi  a  way  that  tiiat  ambiguity 
and  tiuulde  wa.s  entirelv  removed. 

Mr.  KENNEDY.  Did  they  change  that 
clause  ? 

Mr.  Ci  >LLINS.  They  did  change  that  clause. 

Mr.  ICKSNEDV.  It  does  not  appear  to  have 
lieeu  changed  in  this  published  volume  of 
••  American  Constitutions." 

Mr.  COLLINS.  In  Vermont,  in  1828,  the 
Constitution  was  amended  as  follows  : — 

S',.  )..  r-  u  who  is  not  already  a  freeman  of  this  State 
f]:  1  lo  exeri'i.<e  the  in-ivilege  of  a  freeman, 

i;:  .  natural  born  citizen  of  tliis  or  some 

n:  -    ■.  s,  or  until  he  shall  have  been  natural- 

izeJ  ai,';ii-.»bly  to  the  .\ots  of  Congress. 

Mr.  KENNEDY.  That  has  no  reference  what- 
ever to  the  clause  which  I  read. 

Mr.  COLLIN.S.  That  is  the  article  on  the 
right  of  sutfrage.  1  would  ask  tlio  gentleman 
how  it  is  possil)le  that  this  language  can  be  of 
any  service  ;  and  I  will  read  that  portion  of 
the  section  proposed  to  be  stricken  out,  in 
order  tliat  we  may  look  at  it  squarely  in  the 
face,  ir  it  can  be  of  the  least  possible  service, 
if  it  will  add  one  iota  to  the  strength  of  the 
fjovernment,  I  would  be  willing  to  incorporate 
fifty  pages  against  rebels ;  but  I  do  protest 
against  incorporating  in  our  organic  law  any- 
thing against  rebels,  or  against  the  retjellion, 
unless  it  be  shown  that  there  is  an  absolute, 
l)ressing  and  urgent  necessity  upon  us  for  doing 
it.    L'.'i  us  look  at  this  language  : — 

Ami  no  j>erRon  who,  after  arrivinR  at  the  age  of 
•■i«ht<<n  vi'an',  Hhall  have  voluntarily  borne  arms 
a«rBinKt  the  I'uited  States  Government,  or  held  civil 
or  luihtar)'  oIHcj-  under  the  so-called  Confederate 
8UUrK,  or  either  ot  them,  unless  an  amnesty  be  grant- 
ed to  uuch  by  tlic  Federal  Government. — 

Now,  in  tlie  first  place,  I  ask  what  Court  is 
lo  1m;  rai.s«'d  to  try  those  men '/  For  I  contend 
that  it  will  )>e  inciimliunt  upon  the  Convention 
tocstaldi^h  u(;ourt  liy  whiuh  this  whole  matter 
vhall  be  adjudicated.  What  Court  is  going  to 
decide  it?  An  immigrant  comes  over,  and 
Madame  Rumor,  with  her  thousand  tongues, 
pr(»claims  that  the  man  was  in  the  reltel  army, 
or  that  lie  held  an  ollice  under  tlie  civil  govern- 
ment of  the  relM'llion  ;  and  how  an- you  going 
to  prove  it?  As  my  frieml  froin  Douglas  lias 
atiked.  are  you  going  to  send  a  Commissioner 
to  the  Capital  of  the  Confederacy,  (and  where 
that  Capiiul  is  to  be  ne.xt  year  or  next  montli 
(ifxl  only  knows,)  and  there  to  ascertain 
whether  John  Jones  or  Uicliard  Williams,  or 
any  other  man,  has  ever  Itoriie  arms  under  tlie 
Confederacy  against  the  I'nited  .States?  And 
suppose  it  to  be  true,  how  is  it  to  Ix!  adjudged, 
or  how  are  you  going  to  prove  it?    J  low  are 


you  to  know  his  age  ?  The  yonng  man  may  say 
'•I  was  only  fifteeen  years  of  age,"  and  there 
is  another  question  to  be  brought  out  on  proof. 
He  may  say  tliat  he  went  into  tlie  rebel  ranks 
involuntarily  ;  that  he  was  conscripted  and 
forced  into  the  rebel  army. 

And  when  you  have  proved  all  these  things, 
I  ask  what  then  ?  Allowing  it  to  be  possible 
that  such  a  thing-could  l)e  proved,  what  then? 
Why.  you  might  chance  to  fall  upon  one  of  the 
very  best  Union  men  in  the  State  of  Nevada, 
who  may  be  laboring  shoulder  to  shoulder  with 
you  to  sustain  this  State,  and  to  uphold  the 
Federal  Government.  He  may  be  one  of  the 
mo.st  earnest  Union  men  we  have,  and  he  may 
be  assailed,  while  there  arc  hundreds  and  hun- 
dreds of  others  who  may  be  inditt'ereiit  or  opposed 
to  the  Government,  whom  you  cannot  bring  to 
the  bar.  Thus  the  Union  man  may  suffer  disfran- 
chisement while  those  others  escape.  I  tell 
you  it  is  a  dangerous  instrument  of  power.  It 
is  a  dangerous  declaration  to  insert  in  our  or- 
ganic law,  when  we  are  liable  to  do  so  much 
injury  to  individuals  by  means  of  that  declara- 
tion. I  say  it  were  better  to  let  ten  secession- 
ists escape,  than  that,  in  the  future,  one  Union 
man  should  suffer  at  our  hands.  Now,  the 
proposition  is,  to  leave  this  matter  to  the  Leg- 
islature ;  that  is,  to  the  bodies  of  men  who 
come  directly  up  from  the  people,  chosen  to  de- 
liberate upon  the  wants  of  the  State;  to  those 
men  who  know  precisely  what  the  wants  of 
the  State  are. 

But  I  will  trespass  no  longer  upon  the  Con- 
vention, as  I  am  courteously  informed  by  a 
friend  here  that  I  have  already  spoken  over 
fifteen  minutes. 

Mr.  DeLONG.  I  think  there  is  no  limit  to 
the  debate,  as  to  time,  in  the  Committee  of  the 
Whole. 

Several  voices — "Go  on  !"'  "Leave  !*"  "leave  !" 

Mr.  COLLINS.  I  desire  only  to  say  that  the 
Legislature  is  the  proper  body  to  take  this 
matter  into  consideration  ;  that  it  is  better 
(pialified  for  it  than  we  are.  One  gentleman — 
1  think  it  Mas  the  gentleman  from  Humboldt, 
(Mr.  Banks.) — has  suggested  that  the  Legisla- 
ture would  be  excited  and  impassioned  on  the 
suliject.  As  I  said  before,  we  are  the  body  that 
is  most  likely  to  be  excited  and  stimulated  by 
passion.  I  want  nothing  incorporated  into  the 
Constitution  that  is  not  al)Solutely  neces.sary. 
I  consented,  yesterday,  in  that  section  relating 
to  imramount  allegiance,  to  allow  a  gloss  to 
pass  upon  the  Constitution  of  the  United  States, 
after  we  had  adopted  it  as  a  whole.  I  was 
willing  that  tlie  meaning  might  be  clearly  ex- 
pressed, because  I  thought  it  might  do  some 
good,  and  certainly  could  do  no  harm.  But 
I  am  decidedly  opposed  to  employing  in  the 
organic  law  of  the  State  any  language  which 
is  not  really  necessary,  and  which  may  con- 
spire in  its  operation  to  do  immense  harm  to 
individuals.  I  do  not  see  how  this  language 
can  possibly  do  any  good.  I  believe  that  when 
this  rebellion  shall  be  overcome  there  will  be  a 


4t]i  day.] 


.    RIGHT  OF  SUFFRAGE. 


101 


Thursday,] 


Collins. 


[July  7. 


general  reunion   and  sympathy  of  feeling  all 

over  the  North  and  the  South.  The  people  of 
the  South  will  feel  that  the  people  of  the  North 
are  of  a  ditfereut  character  from  what  they  had 
been  led  to  understand.  They  have  had  the 
impression,  as  my  colleague,  (Mr.  DeLong,)  has 
said,  that  Nortliern  men  would  not  fight.  They 
have  imaij;ined  that  the  Northern  people  were 
composed  of  a  class  of  men  in  whose  pockets 
every  sixpence  would  stick,  as  if  made  of  putty 
or  dough  ;  that  they  were  too  mean  to  spend 
their  money  to  defend  their  free  institutions. 
But  they  have  been  convinced  thoroughly  in 
this  war — first,  that  the  North  will  fight ;  and, 
second,  tliat  they  will  pour  out  their  money 
like  water  to  defend  their  liberties  and  their 
rights.  And  when  they  shall  have  been  thor- 
oughly and  completely  overcome,  they  will 
acknowledge  their  condition.  They  will  cry 
for  peace,  and  they  will  freely  harmonize  with 
the  men  of  the  North,  and  of  the  entire  nation. 
They  will  be  glad  to  coalesce  and  cooperate 
with  you,  and  endeavor  with  you  to  build  up 
a  government  of  which  they  will  themselves 
be  proud.  They  undoubtedly  possess  a  spirit 
of  patriotism,  although  instead  of  being  ex- 
panded so  as  to  embrace  the  whole  nation, 
it  is  now  confined  to  their  particular  State  or 
their  particular  section.  But  they  will  here- 
after transfer  that  spirit  from  the  State  to  the 
nation,  and  will  be  as  ambitious  of  the  glory 
of  the  nation,  and  as  proud  of  its  prosperity 
and  greatness,  when  a  few  years  shall  have 
passed  away,  as  you  are. 

I  remember  that  a  few  years  ago  there  was  a 
great  war  between  the  cantons  of  Switzerland. 
While  that  war  raged,  the  people  of  those  can- 
tons were  brought  into  antagonism,  and  as 
strong  passions  were  excited,  and  as  strong 
prejudices  aroused,  it  seems  to  me,  as  ever  have 
existed  between  the  North  and  the  South.  But 
when  the  Northern  cantons  overcame  the 
Southern  cantons,  and  peace  was  proclaimed, 
then  universal  harmony  was  soon  reestablished, 
and  now  you  can  hardly  see  the  scars  of  that 
great  gash  that  almost  severed  the  country  in 
twain. 

I  remember  being  in  Ireland  just  before  the 
last  insurrection,  and,  in  consequence  of  my 
acquaintance  with  men  in  that  country,  when 
that  rebellion  did  break  out,  I  watched  its  pro- 
gress and  history  with  earnestness.  When  the 
British  Government  had  overcome  those  who 
had  taken  up  arms,  and  Meagher,  and  Mitchell, 
and  others  were  convicted,  and  sentenced  to  be 
drawn  and  quartered,  the  Government  having 
fully  vindicated  its  authority,  that  sentence  was 
commuted  to  banishment  to  New  South  Wales, 
and  a  general  amnesty  was  proclaimed  ;  no  man, 
save  a  few  of  the  leaders,  being  proscribed. 
Now  I  ask  any  gentleman,  if  Ireland  is  less 
loj'al    to-day,  in  consequence  of  that  leniency? 

I  remember,  too,  the  history  of  the  whiskey  re- 
bellion, in  Pennsylvania.  When  Washington 
ordered  out  troops  to  subdue  the  insurgents, 
and  when  that  rebellion   had  been  put  down, 


and  the  authority  of-  the  Government  rees- 
tablished, there  was  no  trace  ot  bitterness 
left.  The  Federal  Government,  having  .sus- 
tained the  law,  has  proclaimed  that  all  under 
the  rank  of  colonel,  if  my  memory  serves  me 
correctly,  who  should  come  in,  in  obedience 
to  the  proclamation,  and  take  and  subscribe 
an  oath  of  allegiance,  should  there))y  be  ab- 
solved and  purged  from  all  taint  of  trea- 
son, and  thereafter  entitled  to  all  the  rights 
and  immunities  of  citizenship,  the  same  as 
if  they  never  had  been  rebels.  That  is  what 
is  done  now,  right  in  the  heart  of  the  re- 
bellion. Right  in  the  midst  of  it,  while  the 
graves  of  our  soldiers  are  yet  green,  while  their 
bones  on  the  battle-fields  are  yet  whitening, 
while  the  weeds  of  the  widow,  and  the  orphan, 
and  of  the  aged  parent,  bereft  of  support, 
are  yet  to  be  seen  all  over  the  free  States:  in 
spite  of  all  this,  the  Government  has  issued  that 
proclamation.  If  they  could  do  it  there,  I  ask. 
how  much  more  should  we  do  it  here — three, 
four,  or  five  thousand  miles  removed  from  the 
scenes  of  strife — where  only  a  few  stragglers 
reach  us,  now  and  then,  across  the  rocky  moun- 
tains, and  alkali  flats,  and  arid  and  desolate 
plains. 

I  ask,  how  should  we  receive  them?  Should 
it  be  with  the  uufrieudly  greeting — "  clear  out, 
you  worthless  devils,  we  know  you  not?" 
Rather  let  us  say, — "  we  know  your  folly,  and 
your  wrong-doing;  yet,  notwithstanding,  if  you 
come  here  to  work  with  us,  to  cooperate  with 
us,  as  true  and  loyal  citizens  should,  you  shall 
be  received  into  all  the  rights  and  privileges  of 
citizenship  ;  but  if  you  do  not,  there  stands  a 
provision  in  our  Constitution  by  which  our 
Legislature  is  authorized  to  proscribe  and 
drive  you  from  the  polls, and  deprive  you  of  cit- 
izenship." I  ask  it  that  is  not  a  thousand  fold 
better  than  it  would  be  to  foster  captiousness 
and  strife,  and  to  legislate  here  as  if  this  rebel- 
lion was  to  exist  for  all  time  to  come  ? 

And  when  this  rebellion  is  put  down,  if 
we  adopt  this  policy,  it  will  not  be  planted 
merely  to  sprout  up  again,  like  the  heads  of 
Hydra,  if  you  cut  otf  one  of  which,  ten  others 
would  spring  up  anew  in  its  place ;  but  when 
once  it  is  put  down,  it  is  put  down  for  all  time 
in  the  future.  Its  memory  will  be  a  monument 
for  all  coming  ages  to  look  back  upon,  and 
when  men  regard  its  history,  they  will  tremble 
at  the  might  and  majesty  of  that  Government 
which  unsheathed  the  sword,  and  put  down  a 
rebellion  of  such  power  and  magnitude  as 
this  which  is  now  raging. 

I  ask  the  Convention  to  look  at  this  Constitu- 
tion as  an  instrument  which  will  go  down  to 
posterity.  You,  and  I,  sir,  may  die,  but  this 
Constitution  never.  I  ask,  then,  if  this  immor- 
tal instrument  shall  be  so  framed  as  hereafter 
to  be  pointed  out  to  every  man  who  crosses 
the  plains,  who  has  been  in  the  confederate 
army,  although  he  may  be  now  as  good  a  Union 
man,  and  as  devoted  a  republican  as  you  and  I 
— I  a&k  if  this  instrument  shall  point  at  and 


102 


RIGHT  OF  SUFFRAGE. 


[4tli  day/ 


Thursday.] 


Kennedy — Fitch. 


[July  7. 


;.va  brand  and  stigma  upon  liim?  Is  it  for 
ibv  piml  of  our  State  that  that  provision  Phonld 
I  -main  tUcrt-r  I  trust  that  the  Couvonliou  will 
1  .ok  at  this  matter  earnestly,  and  without  pas- 
-.on.  and  tbeu  decide  according  to  its  best 
ulpinent. 

[The  I'ltKsiPENT  In  the  Chair.] 

Mr.  K  KNNKI) V.  I  desire  to  make  a  personal 
cxplanaiiou.  I  have  read  a  section  from  the 
Cjustitution  of  Vermont,  and  the  gentleman 
from  .^torey.  who  has  just  taken  his  seat,  seems 
to  think  that  that  section  has  been  repealed.  I 
wi.-^h.  in  order  that  I  may  be  placed  in  a  proper 
position  before  the  Convention,  to  read  the  two 
sections  which  have  been  referred  to.  The  lirst 
section  to  which  I  referred  and  read,  was  Sec- 
tion 21  of  Chapter  H.  which  reads  as  follows:— 

"  Ev.-ry  mail  vt  the  full  aai.-  of  twenty  one  years,  liav- 

-  -   '.    I   Ml  this  Stiito  for  the  space  of  one  whole 

re  the  e!e>-tion  of  rel)ro^^eutativl•.s,  and  is 
1  in-aeeable  behaviour,  and  will  take  the 

1. .^iij  or  atUrniation,  shall  be  eutitled  to  all 

llie  i)rivueyi-i<  of  a  frieniaii  of  this  .State." 

The  article  which  the  gentleman  refers  to  as 
repealing  this  section,  i.s  an  amendatory  article, 
adopted  in  1828.  and  reads  as  follows : — 

••  Xo  pi>rson,  who  is  not  already  a  freeman  of  this 
SUK-,  Khali  be  entitlL-d  to  exercise  the  privilege  of  a 
Irt-i-m.in  unKss  he  be  a  natural-boru  citizen  of  this 
IT  >.'iin-  one  of  the  United  States,  or  until  he  shall 
hav.-  I..CU  naturalized  agreeably  to  the  acts  of  Cou- 
f."riKs." 

That  amendatory  article  simply  provides  that 
a  citizen  shall  not  be  made  such  without  uatu- 
raliztition.  and  has  no  reference  to  the  section 
which  I  previously  cited. 

Mr.  FITCH.  It  was  not  my  purpose,  Mr. 
'"hairinaii,  to  have  occupied  the  time  of  this 
Cotninitiee  in  the  consideration  of  this  section  of 
Article  II.  but,  inasmuch  as  the  debate  has  taken 
a  turn  unexpected  to  me,  and  inasmuch  as  a 
jtortion,  and  a  large  portion,  of  tiie  delegation 
Irom  Storey  County,  of  wliich  I  have  the  honor 
to  be  a  member,  have  assumed  a  position  upon 
this  (pi'-sliuu  unluoked  for  l>y  me.  I  feel  myself 
e:ille<l  ujion.  in  (iitl'T  that  there  may  lie  no  mis- 
take ulHiut  my  jtosilion,  at  least,  to  say  a  few 
words  upon  the  subject  un<ler  consideration. 

I  most  heartily  approve,  sir.  of  tiie  action  of 
this  Cotntiiitlr-e  ju  refusing  to  strik'!  out  the 
word"  '•  uul"s.«  an  amnesty  be  (jranted  to  such 
by  the  Federal  (loverninent,'"  wliich  was  the 
:imendin<-nt  proposed  by  tiie  gentleman  from 
Wiwhoe.  [.Mr.  Noiir.-Je.]  uml  votcil  down  liy  this 
•omtnittee.  I  most  heartily  concur  in  the 
orijfinal  amendment  of  the  committee,  jtroposed 
by  the  tr.-iitl.-m  in  from  Storey,  as  ameiwled  by 
the  p'Mitloman  from  Humboldt,  piovidjn;,'  that 
the  word  "disloyal"  shall  be  stricken  out. 
I'.ut,  sir.  I  can  hardly  a^ree.  in  any  jiarticuiar. 
»vith  tiie  view.H  reci-ntiy  advanced  l)y  my  col- 
leajjii"  from  Storey.  [.Mr.  Collins.]  with  a  force 
which  I  cannot  hope  to  compass,  and  an  elo- 
(jueticf  which  I  crtunot  hope  to  emulati-.  I 
think  that  t"-ntlem.in  is  filled  with  the  milk  of 
human  kindness  to  an  extent  which  certainly 
does  not  aaiuiiile  my  bosom,  at  least.    I  am  not  i 


I  in  favor  of  holding  outinducements  to  persons 
who  have  been  disloyal  to  the  United  States, 
and  have  been  in  the  service  of  the  Southern 
,  Confederacy.  I  am  not  in  favor  of  holding  out 
inducements  to  that  class  of  men  to  immigrate 
to  this  Territory,  or  State.  So  far  as  the  word 
"disloyal "'  is  concerned.  lam  in  favor  of  strik- 
ing it  out.  because  I  think  it  would  be  inoper- 
ative. For,  if  a  man  who  was  challenged  on 
the  ground  of  disloyalty,  swore  his  vote  in. you 
would  be  comixdled  to  convict  him  of  treason 
before  you  could  convict  him  of  perjury.  But, 
on  the  other  hand,  a  per.son  challenged  for  hav- 
ing been  in  the  rebellion,  and  not  pardoned  by 
having  brought  himself  within  the  provisions  of 
the  Amnesty  Proclamation,  could  be  convicted 
for  illegal  voting.  It  would  be  only  necessary 
to  prove  on  the  trial  that  he  had  been  in  the 
Confederate  service  and  bad  not  been  includid 
within  the  terms  of  the  proclamation — a  thing 
probably  easy  enough  to  prove,  because  those 
who  had  been  in  the  United  States  service,  or 
who  knew  suflicient  of  the  facts  to  authorize 
them  to  make  a  challenge,  might  have  all  the 
information  necessary  to  prove  those  facts. 

Now,  sir,  I  am  opposed  to  leaving  out  this 
clause.      I   am    opposed   to   leaving    out    the 
words  which  provide  that  "  no  person  who,  af- 
'  ter  arriving  at  the  age  of  eighteen  years,  shall 
j  have  voluntarily  borne  arms  against  the  United 
i  States  or  held  civil  or  military  service  under 
j  the  so-called  Confederate  States,  or  either   of 
j  tliem,  unless  an  amnesty  be  granted  to  such  by 
the  Federal  Government,''  shall  be  entitled  to 
the  privilege  of  an  elector.    I  am  strongly  in 
I  favor  of  keeping  those  words  in.    It  is  my  opin- 
j  ion   that    it  would  not  be  wise  or  good  jiol- 
j  icy  to   strike    them  out  ;    I   do    not    think    it 
would  be  just  to  the  Union  party  ;  in  my  o]iin- 
ion  it  would  not  be  just  to  the  loyal  soldiers  of 
I  tlie  United  Stales.     I  do  not  think  that,  in  that 
I  view,  I  am  unjust  to  any  persons  who  may  do- 
'  sire  to  become  citizens  of  this  State  ;  and  I  do 
i  not   think    the    accusation   of  buncombe    will 
properly  lie  against  a  proposition  of  this  na- 
ture. 

Why,  sir,  not  for  the  purpose  of  awakening 
prejudice,  but  for  the  purpose  of  calling  the 
attention  of  gentlemen  to  facts  which  are  passing 
immediately  around  them,  almost  under  their 
eyes,  I  would  refer  gentlemen  to  the  condi- 
tion of  things  in  the  Atlantic  States  to-day. 
We  find  that,  while  wi;  are  discussing  these 
questions  here,  a  million  of  men— our  brothers, 
our  fathers,  and  our  sons — are  in  front  of  Rich- 
mond now,  under  command  of  Grant,  or  in 
(ieorgia,  with  the  army  of  Sherman,  fredy 
laying  down  their  lives,  being  slain  by  hun- 
dreds and  Ihousands.  for  the  defense  of  our 
Gov<'rnment.  And  it  seems  to  me  when,  in 
times  like  these,  in  times  of  revolution,  we  are 
engaged  in  framing  an  organic  law  for  the 
youngest,  and  what  we  hope  will  lie  among  the 
proudest  and  most  ]irfisperous  of  the  States,  we 
should  be  recreant  to  duty  if  we  failed  to  express 
in  some  unmistakable  way,  our  reprobation  of 


4th  day.] 


RIGHT  OF  SUFFRAGE. 


103 


Thursday,] 


Fitch. 


[July  7. 


those  men  who  are  doing  all  they  can  to  destroy 
that  Government  which  our  kindred  are  defend- 
ing, and  our  approbation  of  the  men  who  are  so 
gloriously  upholding  the  flag  and  the  Govern- 
ment of  the  United  States.  Why,  Mr.  Chairman, 
we  might  go  through  the  Northern  and  AVestern 
States,  to-day,  any  one  of  us,  and  when  we  wit- 
nessed the  scenes  of  poverty  and  suffering  which 
are  transpiring  all  over  those  loyal  States,  in 
consequence  of  the  sacrifices  which  their  peo- 
ple have  undergone  in  behalf  of  their  coun- 
try, we  should  feel,  perhaps,  lilce  doing  more  and 
saying  something  stronger  in  reprobation  ol 
the  men  who  have  brought  on  and  are  now 
conducting  this  rebellion.  There  is  scarcely  a 
household,  from  Maine  to  Minnesota,  from  Lake 
Superior  to  the  Ohio  River,  over  whose  thresh- 
old the  beating  wings  of  the  angel  of  death  has 
not  passed  ;  not  a  family  but  has  given  up  some 
member  to  the  cause  of  their  country.  There  is 
notaState,noracounty,  nor  a  school  district  but 
has  suffered  immensely,  in  life  and  in  treasure, 
in  consequence  of  this  most  inexcusable,  most 
damnable  rebellion — not  one,  sir.  And  shall 
we,  stationed  here,  removed  far  away  from 
all  the  suffering  and  sorrow,  fail  to  express 
at  least  our  reprobation  of  the  men  who 
have  caused  that  suffering  and  sorrow?  Shall 
we  fail,  Mr.  Chairman,  to  insert  in  our  or- 
ganic law  a  provision  disqualifying  those 
men  from  becoming  citizens  on  an  equality 
with  us,  unless  they  shall  first  have  been  par- 
doned through  an  amnesty  granted  by  the 
Federal  Government  ?  Why,  sir,  we  scarcely 
know  the  amount  of  suffering  which  is  endured 
by  our  fellow-citizans  in  the  East.  We  have 
no  conception  of  it.  I  do  not  speak  alone  of 
the  men  who  have  gone  down  to  battle  and  to 
death  before  Richmond,  or  the  men  who,  on 
other  Southern  battle  fields,  have  spilled  their 
blood  in  the  defense  of  their  country,  but  I 
speak  of  those  whom  they  have  left  behind — 
of  the  children  made  fatherless,  and  the  wives 
made  husbandless.  I  tell  you  if  we  could 
travel  over  that  land  and  see  the  suffering 
there,  we  might  be  induced  to  place  in  our 
Constitution  even  a  stronger  provision  against 
the  men  who  have  caused  this  suffering  to  be 
brought  upon  the  nation. 

I  disagree  with  my  colleague  from  Storey, 
(Mr.  Collins,)  upon  another  proposition.  He 
is  of  the  opinion,  sir,  that  when  this  war  is 
over,  when  the  armies  of  the  rebellion  shall 
have  been  entirely  crushed,  when  the  federal 
flag  shall  wave  in  triumph  over  every  portion 
of  the  rebellious  territory,  then  those  men  who 
have  been  in  arms  three  years,  battling  against 
the  Government  of  the  United  States,  doing 
all  they  could  do  to  destroy  the  lives  of  our 
soldiers  and  overthrow  our  government,  are 
going  to  be  converted  into  the  best  kind  of 
citizens — that  they  will  lay  down  their  arms, 
and  suddenly  become  the  best  and  most  loyal 
of  neighbors  and  citizens.  1  believe  the  thmg 
is  impossible,  sir.  I  very  much  mistake  the 
character  of  the  men — not  only  of  those  who  in- 


stigated this  rebellion,  but  those  who  are  con- 
ducting it — if  they  do  anything  of  the  sort. 
There  may  be  some  hungry  ones,  and  a  few 
tired  ones,  perhaps,  and  it  may  be  that  a  con- 
siderable number  of  such  will  take  that  course; 
but  I  think,  as  a  general  rule,  that  we  shall  be 
compelled,  to  a  certain  extent,  at  least,  to  de- 
nationalize the  whole  southern  country,  to  col- 
onize and  fill  it  up  with  a  northern  emigration, 
to  infuse  loyal  Ijlood  into  the  veins  of  the  peo- 
ple, before  we  can  ever  hope  that  they  will  re- 
turn to  the  Union  and  be  what  they  were  a 
generation  ago.  The  men  who  have  been  beaten 
in  battle  are,  to  a  certain  extent,  humiliated, 
because  they  have  had  their  power  destroyed. 
But  if  you  restore  them  to  civil  rights  im- 
mediately, and  visit  them  with  no  punish- 
ment, and  if  you  give  them  the  right  of  suf- 
frage unconditionally.  I  think  there  will  be  dan- 
ger of  a  renewal  of  the  trouble.  I  do  not 
know  what  the  policy  of  the  Government  is  to 
be,  in  the  States  in  rebellion,  but  1  think  I  see, 
in  the  adoption  of  such  a  policy  as  my  colleague 
recommends,  the  seeds  of  future  outbreaks, 
and  cruel  warfare  for  years  to  come.  I  tell 
you  the  only  way  is  to  carry  the  war  out  to  the 
bitter  end.  We  have  got  not  only  to  destroy 
the  rebel  armies,  but,  to  a  certain  extent,  to 
expatriate  the  whole  population,  and  fill  the 
country  up  with  loyal  northern  elements,  be- 
fore we  can  do  anything  with  that  people. 
Those  are  my  ideas,  in  contradistinction  to 
those  of  my  colleague.  Why,  Mr.  Chairman, 
the  idea  that  the  man  who  has  been  in  the  ser- 
vice of  the  Confederate  States  should  immi- 
grate here  to  the  western  side  of  the  Rocky 
Mountains,  and,  without  a  single  expression  of 
disapprobation,  should  be  allowed  to  exercise 
the  rights  of  citizenship  ;  that  we  should  be  so 
tender-spirited,  so  kind-hearted,  so  generous, 
so  unwisely  magnanimous,  that,  not  even  in 
framing  our  organic  law,  will  we  adopt  a  pro- 
vision telling  him  that  he  has  done  something 
wrong  for  which  he  deserves  to  lose  all,  but 
that  we  still  will  not  deprive  him  of  the  rights 
of  suffrage,  provided  the  General  Government 
will  grant  him  an  amnesty— that  we  should  be 
so  generous  and  tender-hearted,  and  careful  of 
the  feelings  of  traitors,  as  to  avoid  all  allusions 
to  their  treason,  is  an  idea  which  does  not  meet 
with  my  approval. 

Sir,  I,  for  one,  am  not  in  favor  of  extend- 
ing so  much  consideration  as  that  to  those 
who  have  tried  their  best  to  destroy  the  Gov- 
ernment. I  am  not  so  filled  with  the  milk  of 
human  kindness.  I  have  too  great  and  too 
recent  a  sense  of  the  depredations  which  have 
been  made  upon  my  kindred  and  my  country. 
I  remember  how  Ellsworth  took  his  young  life 
in  his  hand,  and  on  behalf  of  liberty,  like  the 
noble  Roman  youth,  leaped  into  that  yawning 
gulf  which  closed  upon  him  forever  ;  I  remem- 
ber the  grand  devotion  of  the  noble  soldiers  ia 
the  West,  and  how  every  banner  in  Missouri  is 
draped  in  sable,  and  every  bird  seems  to  sing 
a  song  of  sorrow  for  Lyon's  death  ;  I  remember 


104 


RIGHT  OF  SUFFRAGE. 


[4th  dav. 


Thursday.] 


DeLoxg— Warwick— Kennedy— DrxxE. 


[July  7. 


bow  Baker,  tbe  noblest  Roman  of  them  all. 
exchanged  tho  Senator's  toga,  which  hail  hon- 
ored him  and  which  he  had  honored,  tor  the 
soldierV  swonl.  freely  poured  out  his  life,  and 
went  np  into  tiie  presence  of  the  (Jod  of  bat- 
tles :  1  rerneniher  how.  in  Kentucky,  the  stream 
runs  darker  to-<lay  with  the  blood  of  McCook  ; 
I  rememlM?r  how  hundredss  of  other  brave 
men  have  falieti  and  died  on  scores  of  battle- 
fields, while  leading  their  countrymen  against 
the  legion-s  of  the  rebellion  :  1  remember  how. 
Tefterd.iy.  the  tidings  Hashed  along  tlie  ••  mill- 
ion chorded  lyre  of  thought  "  which  spans 
the  continent,  that  Hooker  lies  bleeding  and 
euffering;  I  remember  how  the  whole  land 
has  been  hllcd  with  wailing  and  wo.  not  for 
those  alone,  but  for  tiie  thousands  and  thou- 
e.-iods  of  unrecorded  dead.  I.  sir,  have  too 
rwent  a  nii'mory  of  those  tilings.  Although 
the  more  advunced  age  and  cooler  judgment  of 
pome  may  render  them  more  considerate  ;  al- 
though I  have  every  disposition  to  extenuate  the 
faults  and  follies  of  my  countiymen.  and  nodis- 
jmsition  whatever  to  invoke  the  anger  or  resent- 
ment, or  to  stir  uj)  the  bad  passions  of  men  ; 
yet.  if  other  geiuk-inen  are  willing  to  give  to 
these  men.  who  have  lirought  upon  the  nation 
this  great  load  of  mourning  and  wo,  all  the 
rights  and  privileges  of  good  and  loyal  citi- 
zens, without  expressing  one  word  of  disappro- 
bation. 1  am  not.  .Such  .sentiments  and  feel- 
ings may  animate  the  minds  of  some,  but  they 
do  not  mine,  nor  do  I  believe  that  they  ani- 
mate the  minds  of  a  majority,  nor  any  very 
considerable  portion,  of  my  constituents  in 
Storey  County. 

The  ipiestion  was  taken  on  the  amendment 
oflered  by  .Mr.  Toz  r,  and.  on  a  division,  the 
am<-(idmeiit  was  not  agreed  to  ;  ayes,  5 — noes 
not  counted. 

.Mr.  DkIvONG.  I  do  not  believe  the  Conven- 
tion understood  the  question.     [Laughter.] 

The  (jmstion  recurred  on  the  amendment 
oflVnd  by  .Mr.  Dunne,  (accepted  subse(|uently 
by  .Mr.  llovey.)  to  strik.-  out.  in  the  lalt.r  part 
of  the  Beetiou,  the  words  'or  ilisloyal."  and  to 
insert  Itelween  the  words  "idiot  "  and  "insane  '' 
the  word  ••  or."'  so  as  to  read.  "  and  no  idiot  or 
insane  person  shall  be  entitled  to  the  privilege 
of  an  elector.'' 

The  (juestion  was  taken  by  a  division,  and 
the  voif  was.  ayes.  1  J — noes,  it. 

.Mr.  1)kI.().\(;.     How  does  the  Chair  vote? 

Mr.  W.VK\VI(;K.  I  think  there  is  an  inac- 
curacy in  th'-  .""tcndary's  count. 

The'  CH.AIUM.X.V.  '  In  Conmiittee  of  the 
\Vholf  tliere  must  be  a  miijority.  or  the  propo- 
Bilion  is  lost  ;  Imt  the  Cluiir  will  vote  in  favor 
of  ttn-  amendiu'-nt. 

.Mr.  M.\S(».\.  i  give  notice  that  1  will  move 
a  r<-coiisid<'ration  io-morr(iw. 

Mr.  \V.\invi(;K.  It  in  not  in  order  in  Com- 
Tnitl<M-  i,r  the  Whole. 

Mr.  I)kI-<).\(;.  Ah  the  Kenlleman  from  Lan- 
diT.  (.Mr.  Warwick.)  says  there  has  been  an  in- 
accuracy iu  the  couat,'l  call  for  u  re-count. 


Mr.  CHAPIN.  I  understood  the  Chairman 
to  vote  in  the  allirmative,  which  carries  the 
amendment. 

Mr.  DkLOXG.     Then  I  withdraw  my  demand. 

Mr  WAKWlCIv,  aud  several  other  members, 
demanded  a  re-count. 

The  CHAIRMAN.  Perhaps  it  would  be  bet- 
ter to  have  a  re-count,  that  all  may  be  satisti.d. 
If  there  is  no  objection,  the  question  will  be 
taken  again. 

The  question  was  again  taken,  and.  upon  a 
division,  the  amendment  was  adopted;  ayes, 
15 — noes,  14. 


Mr.  KENNEDY.  I  have  an  amendment  to 
offer.  I  move  to  insert,  utter  the  word  •■iusano," 
in  place  of  that  which  has  been  stricken  out, 
the  words:  "or  any  person  who  refuses  to  take 
the  oath  or  alKrmatiou  of  loyalty,  as  prescribed 
in  this  Constitution."' 

Mr.  DUNNE.  I  think,  as  it  stands  now.it 
does  not  read  well.  The  word  "  person  ''  should 
come  in.  It  should  read,  "  no  idiot  or  insaue 
person,  or  any  person  who  refuses."'  etc. 

Mr.  DkLO.N'G.  I  would  ask  the  mover  of 
this  amendment  if  he  has  exiimined  the  oath 
which  he  refers  to.    The  oath  reads  : — 

"  I ,  do  solemnly  swear  (or  affirm)  that  I  will  .sup- 
port, protect  and  deleud  the  Coustitutiou  and  Govern- 
ment of  the  United  JState.s,  and  the  Constitution  aud 
Government  of  the  State  of  Nevada,  against  all  ene- 
mies, whither  domestic  or  foreign,  and  that  I  will  bear 
tnie  faith,  alli'giaiice,  aud  loyalty  to  the  same,  any  or- 
dinance, rcsiihition  or  law  of  any  State  Convention  or 
I,ef,'isliilnre  to  the  eontrar.v  notwithstanding;  and,  fur- 
ther, tliat  I  do  this  with  a  full  deterniinatiou,  pledge, 
and  purpose,  without  any  mental  resirvatiou  or  eva- 
sion whatsoever." 

So  far  it  is  all  right,  but  the  balance  I  do  not 
like.    It  reads  in  this  wise  : — 

!  "  .\nd  I  do  further  solemnly  swear  (or  aflirm, 
that    I    have    not    fought    a    duel,    nor    seut    or   ac- 

1  cepted  a  challenge  to  tight  a  duel,  nor  been  a  second  to 
eitlic  r  party,  nor  iu  any  manner  aided  or  assisted  in 
siuli  duel,  nor  been  knowingly  the  bearer  of  such  chal- 
lenge, or  acceptance,  since  the  adoption  of  the  Consti- 
tution of  the  State  of  Nevada,  aud  that  I  will  not  be  so 
eiigagi'd  or  concerned,  directly  or  indirectly,  in  or 
about  any  such  duel,  during  my  continiiauce  in  office. 
.\nd  fiu-ther,  that  I  will  well  and  faithfully  jK-rtVu-m  all 
the  (hities  of  the  office  of ,  on  which  1  aiu  about 

I  to  enter;  .so  help  me  God." 

I     Mr.  KENNEDY.     Will  the  gentleman  allow 

I  me  to  explain?     So  far  as  I  am  concerned,  I 

I  do  not  intend   that  that  shall  be  in.     I  do  not 

,  lielieve  it  is  necessary  to  entitle  a  man  to  vote 

that  he  should  swear  he  has  never  fought  a  duel, 

I  or  that  he  has  never  taken  part  in  one. 

!      Mr.   WARWICK.      That   is  only  after   the 

adoption  of  the  Constitution  ;  it  only  provides 

that,  in  the  future,  men  shall  not  settle  their 

litllo  ditl'i-rences  in  that  way.     It  has  nothing 

to  do  with  what  they  have  done  heretofore,  but 

I  it  provides    that  they  shall    not   light  a  duel 

j  hi're-after.     As  we  propose  to  have  a  peaceable 

j  State,  we  would  like  to  bar  out  all   that  class 

of  gentlemen  especially — those  who  go  out  of 

'  a  cloudy  morning,  with  pi.stols  or  other  weapons, 

I  with  which  to  mend  their  wounded  hoiror.     I 


4th  day.] 


PJGHT  OF  SUFFRAGE. 


105 


Thursday,] 


Kexxedy  — BitosxAX — Baxks — DeLong. 


[July  7. 


tliiiik,  as  this  provision  is  being  incorporated 
in  the  Constitutions  of  most  of  the  States  in 
the  American  Union,  it  is  a  good  idea  for  us  to 
have  it  here.  If  gentlemen  have  little  difficul- 
ties, we  propose  that  they  shall  settle  them  in 
a  way  which  will  not  endanger  life.  We  arc 
now  approaching  an  age  whose  civilization 
should  frown  down  all  those  barbarous  modes 
of  settling  quarrels,  and,  as  the  thing  has  been 
accomplished  in  almost  every  State  of  the 
American  Union,  I  hope  we  shall  incorporate 
it  in  our  Constitution. 

Mr.  KENNEDY.  I  do  not  understand  that 
we  have  adopted  this  oath  yet.  My  amendment 
contemplates  that  we  will  adopt  some  test  of 
loyalty  in  this  Constitution — either  this  oath, 
or  another  in  place  of  this.  I  do  not  myself 
think  this  is  the  oath  which  ought  to  be  taken  ; 
it  is  not  strong  enough  to  suit  me. 

Mr.  BROSNAN.  I  am  inclined  to  think  that 
my  friend  from  Lyon  will  not  reach  his  object 
by  his  amendment.  I  understand  his  object  is 
to  exclude  from  voting,  those  persous  who  have 
been  disloyal  to  the  General  Governm  mt.  Now. 
if  we  take  this  oath,  or  any  oath  incorporated 
in  place  of  this  oath,  it  must  act  in  futuro.  It 
applies  only  to  things  to  be  done  after  the  adop- 
tion of  our  Constitution,  and  I  think  that  will 
not  reach  the  object  which  the  gentleman  has 
in  view,  that  is,  to  exclude  from  the  elective 
franchise  those  who  have  been  disloyal. 

Mr.  KENNEDY.  I  do  not  see  what  difficulty 
there  will  be  in  attaining  the  object  by  an  oath 
acting  in  futuro.  Of  course,  it  may  relate  to 
things  past,  but  I  see  no  difficulty  in  arranging 
it  so  as  to  reach  the  desired  end. 

Mr.  BANKS.  This  matter  seems  to  have 
arisen  here  by  accident,  and  I  think  it  is  very 
fortunate.  I  approve  of  what  there  is  of  this 
oath,  and  I  conceive  it  is  exceedingly  desirable 
to  apply  this  test  to  those  who  come  up  to 
the  polls.  I  do  not  think  that,  by  the  most 
elaborate  plan  that  can  be  devistd.  the  Legisla- 
ture could  provide  so  efficient  a  remedy  against 
the  practice  of  dueling  as  we  provide  by 
this  test.  It  does  not  attect  the  past,  so  far  as 
loyalty  is  concerned,  but  it  requires  people  to 
bear  true  faith  and  allegiance  to  the  Federal 
Government,  and  it  requires  the  voter  to  make 
oath  that  he  has  not  been  engaged  in  fighting  a 
duel  since  the  adoption  of  this  Constitution. 
It  provides  that  if  he  cannot  swear  this, he  shall 
suffer  tin?  penalty  of  being  excluded  from  vot- 
ing. I  like  it  exceedingly — it  is  not,  ex  pod  facto 
in  any  sense  ;  it  does  not  touch  the  past  at  all. 
but  it  dates  from  the  adoption  of  the  Constitu- 
tion. I  hope  it  will  be  adopted,  whether  or  not 
the  design  was,  as  it  would  have  been  with  me 
if  I  had  proposed  the  amendment,  that  we 
should  adopt  it  as  a  safeguard  against  the  evil 
of  dueling  ;  because  experience  has  shown  that 
it  cannot  be  fully  provided  against  by  any  other 
system. 

Mr.  BROSNAN.  I  am  afraid  that  I  have  not 
been  so  fortunate  as  to  be  clearly  understood 
in  regard  to  this  oath.    I  expressed  no  objec- 


tion to  the  oath  itself,  but  I  apprehend  that  the 
mover  only  intended  to  supply  something  in 
place  of  the  word  disloyal,  which  had  been 
stricken  out.  That  is  to  say,  that  he  intended 
to  provide  that  persons  who  have  been  con- 
cerned in  the  rebellion  should  be  precluded 
from  the  exercise  of  the  rights  of  franchise 
until  they  have  taken  the  oath  of  fealty.  I  did 
not  find  any  fault  with  the  oath,  but  I  stated 
that  I  thought  it  would  not  accomplish  the  gen- 
tleman's object. 

Mr.  DeLONG.  To  relieve  myself  from  the 
possible  imputation  of  being  a  "chivalry" 
man,  or  a  duelist,  I  desire  to  say  that  I  do  not 
go  with  that  crowd.  But  I  know  that  the  same 
kind  of  provision  which  is  here  contemplated 
has  been  contained  in  the  laws  of  California 
ever  since  it  was  a  State — making  it  a  felony  to 
fight,  or  to  be  concerned  in  a  duel,  and  that 
very  fact  has  led  to  people's  utterly  disregard- 
ing the  law  on  the  subject,  and  California  has 
in  consequence  been  a  perfect  dueling  ground, 
for  the  last  fifteen  years.  Many  of  the  bright- 
est and  best  of  her  citizens  have  gone  to  their 
graves  with  the  Constitution  and  the  Statutes 
of  that  State  with  that  clause  in  them,  hang- 
ing over  their  heads.  Now,  when  you  make 
a  prohiljition  as  strong  as  it  is  made  here, 
I  think  it  never  will  result  in  prohibiting 
or  preventing  dueling.  You  say  here,  that  a 
man,  in  order  to  prove  his  loyalty,  has  got  to 
swear  that  he  never  fought  a  duel.  Well,  sup- 
pose he  has  fought  a  duel,  cannot  he  do  that 
and  yet  remain  loyal  ?  All  those  provisions  I 
consider  entirely  out  of  place.  I  think  that  it 
would  result  in  this — that  those  who  go  to  the 
polls  and  take  the  oath,  will  utterly  disregard 
that  part  of  it.  I  do  not  consider  that  any 
such  restriction  in  regard  to  dueling  is  advis- 
able. Those  who  want  to  fight  will  disregard 
such  provisions,  and  those  who  do  not  want  to 
fight  will  conceive  themselves  at  liberty  to  in- 
sult a  man  outrageously,  and  then  when  they 
are  challenged,  will  shelter  themselves  behind 
such  a  provision,  and  say  :  '•  Oh,  I  cannot  fight 
a  duel,  because  if  I  do  I  am  disfranchised.  I 
would  like  to  exceedingly,  but  for  the  law.'' 
I  think  we  shall  have  much  less  of  persons 
insulting  each  other— a  thing  which  is  con- 
stantly going  on  in  halls  of  legislation  and 
through  the  public  press— if  we  refrain  from 
making  any  such  provision.  As  long  as  a  man 
feels  tiiat  another  man  has  a  right  to  hold  him 
responsible,  he  will  not  be  so  ready  to  deal  in 
insulting  language,  or  so  flippant  in  talking  or 
writing  about  the  character  of  his  neighbor,  as 
he  would  otherwise  be.  Now,  the  provision 
which  is  submitted  here  is,  that  before  a  man  is 
allowed  to  vote,  he  shall  be  required  to  take 
that  oath.  Suppose  a  man's  friend  wanted  to 
fight  a  duel ;  suppose  he  had  been  outraged  iu 
every  conceivable  way — 

The  CHAIRMAN  (interrupting).  The  gen- 
tleman is,  I  think,  a  little  out  of  order  ;  the 
question  is  on  the  amendment  requiring  the 
voter  to  take  the  oath  of  loyalty,  "  as  provided 


106 


RIGHT  OF  SUFFRAGE. 


[4tli  clay. 


Thursday.] 


DeLong — Kexxeut— Ha^vtjsy— Chapin — Banks. 


[July  7. 


in  this  Constitution,"  and  the  suhjcct  to  which 
tiif  {lontli-uiiin's  reninrks  are  addiv.^Bcd  is  that 
oath  i)rii^.Tilx'd  for  civil  and  military  ollicers. 
That  has  no  nljtion.  I  take  it,  to  this  provision, 
and.  consiquently,  1  think  his  remarks  arc  not 
iu  order. 

Mr.  DkLONG.  But  that,  I  believe,  is  the 
onlv  oath  in  the  Constitution. 

The  CHAIUM.VN.  This  Constitution  has 
only  been  adopttd  as  a  basis,  and  I  think  the 
adojition  of  the  amendment  jiroposed  would 
presuppose  some  future  action  iu  adoptin;^  an 
oath  of  loyalty.  I  do  not  conceive,  therefore, 
that,  until" this  matter  is  disposed  of  at  least,  it 
is  at  all  iu  order  to  discuss  the  sul>ject  of 
dueling. 

Mr.  DeLONG.  Well,  then,  I  will  .«ay,  let 
th<  in  frame  the  oath  which  they  desire  to  pre- 
scribe, and  insert  it  here,  aud  if  it  suits  me,  I 
will  iio  lor  it. 

Mr.  KKXNEDY.  Suppose  we  do  not  adopt 
any  oath. 

Mr.  DkLOXG.  Then  the  amendment  would 
be  eutirely  si-nseless. 

Mr.  KI-^.NNI^DY.  Suppose  we  see  fit  to  adopt 
an  oalh  of  loyalty  hereafter. 

Mr.  DkLoSg.  Then  it  may  not  suit  me.  If 
the  Chair  ph-ase.  I  am  opposed  to  the  amend- 
ment until  the  oath  is  prepared  which  it  is  pro- 
positi to  adopt.  If  it  is  not  yet  drawn,  how 
can  we  tell  whether  or  not  it  would  be  wisdom 
to  rf(|uire  it  to  be  taken  7  The  gentleman 
shouhl  have  been  prepared  to  submit  the  oath 
at  the  same  time  with  his  amendment,  aud 
should  have  said,  that  no  man  shall  be  allowed 
to  vote  who  has  been  convicted  of  felony,  etc., 
or  who  is  idiotic,  or  insane,  or,  if  he  refuses  to 
take  the  following  oath — then  and  there  recit- 
iug  the  oath. 

Mr.  H.WVLEY.  I  move  to  lay  the  .section 
on  the  table,  for  the  present,  in  order  to  give 
the  gi-ntleman  time  to  draw  up  a  form  of  oath. 

Mr.  CIIAI'IX.  I  hope  that  course  will  not 
Ik*  tak.-u,  but  that  we  .•-hall  linish  the  suly.'ct 
now.  J  think  if  the  mover  will  modify  his 
ameiiduii-iit  a  little,  we  can  act  upon  it  now. 

•Mr.  11A\VLI-:V.  I  did  not  make  the  motion 
out  of  any  opposition  to  the  amendment.  1 
Lave  uo  objection  to  the  requirement  jiroposed 
by  the  ameudmeut,  and  1  will  withdraw  the 
moti'in. 

.Mr.  IS-VNIC.*^.  I  wish  to  offer  an  amendment. 
I  propoH-  to  insert  the  oath  prescribed  in  Sec- 
tion 2.  of  .\rticl.-  \V1.  of  the  old  Constilutiou. 
I  regard  it  as  an  adiniralde  oalh  to  aecompli.sh 
the  purpose  which  I  desire,  whatever  may  have 
been  the  object  of  the  original  mover  of  the 
amendment.  It  will  then  liesignate  this  oath 
an  the  oath  to  be  taken  : — 

"  '•  .  '!'>  Koleiiiiily  Mw.ar  (or  amrni)  that  I  will 

•iiiiiH.rt.  lin.t.Mt.antl.lef.ii.l  theCoiiHtiliiti.Mi  and  (Jov- 
•  riiiiiint  ..f  th-  IiiU.mI  SUileH.  and  llioCi.iiwtitutiim  and 

*''"'■" ''<■  Ktat<'   of  Nevada,  aKainm  all  ene- 

'"'•  '  ;■  "til-  or  foreign,  and  that  I  will  hear 

tril'   :  '■  and  loyalty  to  the  h;iim>',  any  ordi- 

IUIK-. ,  ..  r  .Mill  .11  ,ir  law  of  any  Htale,  Convention,  or 
Lcglalaturc,  to  the  contrary  notwithbUiuding  ;  aud, 


1  further,  that  I  do  this  with  a  full  determination,  pledge, 
[  and  purjioi-e,  without  any  mental  reservatiou  or  evar 
.'^iiin  \vli;its(i(ver.  Aud  I  do  further  solemnly  swear, 
(or  iilHrni,)  that  I  have  not  fouf,'ht  a  duel,  nor  sent  or 
aeeei)ted  a  challeiiKO  to  fight  a  duel,  nor  heen  a  second 
to  either  party,  nor  in  any  manner  aided  or  assisted 
iu  such  duel,  nor  been  knowingly  the  bearer  of  such 
challenge,  or  acceptance,  since  the  adoption  of  the 
Constitution  of  tlie  State  of  Nevada,  aud  that  I  will 
not  be  so  engaged  or  concerned,  directly  or  indirectly, 
iu  or  about  any  such  duel  ;  so  help  me  God." 

The  question  was  stated  upon  the  adoption 
of  the  amendment  to  the  amendment. 

Mr.  BANKS.  The  oath  to  wliicli  attention 
has  been  directed,  .seems  to  cover  all  the  ground 
desirable,  under  the  circumstances.  A  man 
comes  up  to  the  ])olls,  his  loyalty  is  questioned, 
and  then  he  is  sworn  to  support  the  Constitu- 
tion of  the  United  States,  and  the  Constitution 
of  the  State  of  Nevada  ;  that  is  one  proposi- 
tion, lie  is  sworn  lirst  to  abide  by  tliose  con- 
stitutions hereafter  ;  and  then  he  is  also  sworu 
as  to  participating  in  a  duel. 

ifr.  DkLONG.  I  wish  to  ask  the  gentleman 
a  question.  This  says,  tliat  uo  man  shall  be 
allowed  to  vote  who  has  fought  a  duel  since 
the  adoption  of  this  Constitution.  I  wish  to 
ask  if  he  intends  it  to  apply  to  those  who  may 
come  to  this  State  hereafter,  having  previously 
Ibught  a  duel  elsewhere,  without  any  know- 
ledge that  there  was  such  a  provision  iu  our 
Constitution  ? 

Mr.  BANKS.  I  presume  it  would  apply  to 
them,  if  the  courts  should  rule  as  strictly  as  the 
giaiMcinan  intimates,  but  we  can  guard  against 
that  by  inserting  an  amendment,  when  we 
come  to  it.  adding  after  "fought  a  duel,"  the 
words  "  in  this  State,"  and  then  there  will  be 
no  ambiguity.  I  presume  that  the  courts 
would  clear  up  the  matter  by  their  decisions, 
but  to  avoid  any  such  necessity  I  will  propose 
to  have  those  words  inserted.  The  reasons 
why  I  advocate  the  oath  proposed  are  not  the 
reasons  which  the  geutlomau  has  advanced,  but 
I  believe  thev  are  sulficient. 
j  Mr.  KENNEDY.  With  the  permission  of  the 
Convention,!  will  modifj'^  my  amendment  by 
!  inserting  that  oath  which  we  have  already 
i  taken. 

The  CHAIRMAN.    I  think  it  will  hardly  be 
'  in  order,  unless  the  gentlenuin  from  Humboldt 
withdraws  his  amendment. 

Mr.   BANKS.      I  consider    my   amendment 
I  much  better. 

I     Mr.  DiiLONG.    Take  either  position— wheth- 
I  er  he  inserts  the  words  "  in  this  State  "  or  not 
;  — the   gentleman    from    Humboldt   is   at   sea. 
1  What   good   will   the  provision   do,    when  we 
I  have  put  that  in  '!    If  two  men  want  to  fiyht  a 
I  duel  they  eau  cross  th(!  line  and   light  it  in  the 
j  State  of  California,  in  order  to  avoid  the  civil 
authorities  here  and  the  penalties  you  impose. 
If  you  do  not  put  that  in,  then  a  party  who 
m  ly  have  fought  a  duel  in  another  State,  with- 
out any  knowledge  of  the  provisions  of  the 
Nevada    Constitution,    upon    coming '  to    our 
State  would  be  deprived  not  only  of  the  right 


4tli  day.] 


RIGHT  OF  SUFFRAGE. 


107 


Thursday,]     DeLoxg — Banks — Kennedy — Collins — Crawford — Warwick — Frizell.     [July  7. 


of  voting,  but  of  the  right  to  sit  ou  a  jury.  I 
think  that  oath  is  all  fudge. 

The  CHAIRMAN.  I  do  not  think  the  oath 
refers  to  fighting  a  duel  "  in  this  State."' 

Mr.  DkLONG.  No,  sir  ;  but  the  gentleman 
from  Humboldt  said  he  would  amend  the  oath 
in  that  respect,  so  as  to  avoid  couvicting  a  man 
who  had  fought  a  duel  in  another  State,  where 
there  may  have  been  no  such  legal  penalties. 

Mr.  BANKS.  I  had  not  examined  the  lan- 
guage of  Ihe  oath  particularly.  I  was  not  pro- 
posing or  trying  to  amend  it  at  that  time,  but 
I  was  simply  olFering  it  by  way  of  throwing 
out  a  hint  of  what  amendment  might  be  made, 
in  order  to  obviate  the  difficulty.  We  might 
use  ditfcrent  language  from  that.  We  might 
say,  perhaps,  that,  "  while  a  citizen  of  this 
State  "  he  shall  not  have  fought  a  duel.  But 
it  seems  to  me  that  there  is  no  necessity  for 
us  to  consider  the  exact  phraseology  at  this 
time. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  Banks,  and  it  was  not  agreed  to. 

Mr.  KENNEDY.  1  now  move  to  insert  the 
oath  which  we  have  all  taken,  omitting  only 
the  words  "that  I  will  well  and  truly  discharge 
the  duties  of  the  office  on  which  I  am  about  to 
enter."  I  will  ask  that  the  concluding  portion 
of  the  section  be  read  as  it  will  then  stand. 

The  SECRETARY  read  as  follows  :— 

And  no  idiot  or  insane  person,  or  any  fierson  who 
refuses   to  take  the  toUowing  oath  or  affirmation,  to 

wit: — "I ,  do  solemnly  swear  that  1  have  never 

voluntarilj'  borne  arms  against  the  United  States  since  I 
have  been  a  citizen  thereof;  that  I  have  voluntarily 
given  no  aid,  countenance,  counsel,  or  encoiiragemeut 
to  isersons  engaged  in  armed  hostility  thereto;  that  I 
have  neither  sought  nor  accepted,  nor  attempted  to 
exercise  the  functions  of  any  office  whatever,  imder 
any  authority,  or  pretended  authority,  in  hostility  to 
the  United  States;  that  I  have  not  yielded  a  volun- 
tary support  to  any  pretended  government,  authority, 
power,  or  Constitution  within  the  United  States,  hos- 
tile or  inimical  thereto.  And  I  do  further  swear,  that 
to  the  best  of  my  knowledge  and  ability  I  will  suii- 
port  and  defend  the  Constitution  of  the  United 
States  against  all  enemies,  foreign  and  domestic; 
that  I  will  bear  true  faith  and  allegiance  to  the  same ; 
that  I  take  this  obhgation  freelj',  without  any  men- 
tal reservation  or  pur^iose  of  evasion — So  help  me 
God," — shall  be  entitled  to  the  privilege  of  an  elector. 

Mr.  DeLONG.  a  person  cannot  take  that 
oath  who  comes  under  this  Amnesty  Proclama- 
tion which  we  have  already  adopted  ;  so  that 
after  all  they  would  be  excluded,  notwith- 
standing the  President's  Amnesty  Proclama- 
tion. He  cannot  swear  that  he  has  not  borne 
arms  against  the  General  Government,  al- 
though he  might  take  an  oath  that  after  hav- 
ing done  so  he  had  been  pardoned  by  the 
Amnesty  Proclamation.  Such  a  man  comes 
here  and  finds  that,  notwithstanding  his  full 
pardon,  he  is  not  allowed  to  vote  unless  he 
swears  that  he  never  was  in  the  Confederate 
service.  That  conflicts  with  the  provision 
which  we  just  now  refused  to  strike  out. 

Mr.  CHAPIN.  I  am  in  favor  of  that  oath 
in  its  proper  place,  but  I  do  not  think  this  is 
the  place  for  it. 


Mr.  DeLONG.  But  the  man  who  comes  un- 
der the  Amnesty  Proclamation  cannot  take  it, 
anyway. 

Mr.  COLLINS.  This  seems  to  me  not  only 
unnecessary,  but  manifestly  wrong.  It  oc- 
occurs  to  me  that  it  will  necessarily  deprive 
many  men  of  the  right  of  voting  who  are  en- 
titled to  it  by  the  previous  part  of  the  sec- 
tion. And  then,  under  peculiar  circumstan- 
ces, a  combination  or  conspiracy  may  be 
made  at  the  polls,  by  which  every  man  may  be 
challenged  and  required  to  take  this  oath,  and 
the  consequence  would  be  that  you  would  not 
get  one  hundred  votes  polled  in  the  course  of 
the  day.  There  are  some  polls,  in  the  populous 
counties,  where  there  are  from  twelve  hundred 
to  two  thousand  votes  to  be  cast,  and  under  a 
provision  of  this  kind,  l)y  which  every  man 
could  be  compelled  to  take  this  oath,  you 
would  not  get  one  quarter  of  them  in.  It 
seems  to  me  that  the  provision  is  unjust  and 
unnecessary,  and  I  hope  it  will  not  prevail. 

Mr.  CRAWFORD.  I  desire  to  offer  a  substi- 
tute. I  move  to  amend,  by  substituting  for  the 
oath  here  proposed,  the  hrst  part  of  the  oath 
contained  in  the  old  Constitution,  and  which 
reads  as  follows  : — 

-,  do  solemnly  swear  (or  affirm)  tliat  I  will 


"I,, 
support,  protect  and  defend  the  Constitution  and 
Government  of  the  United  States,  and  the  Constitution 
and  Government  of  the  State  of  Nevada,  against  all 
enemies,  whether  domestic  or  foreign,  and  that  I  wUl 
bear  true  faith,  allegiance  and  loyalty  to  the  same,  any 
ordinance,  resolution  or  law  of  any  State,  Convention, 
or  Legislature,  to  the  contrary,  notwithstanding  ;  and, 
further,  that  1  do  this  with  a  full  determination,  pledge 
and  purpose,  without  any  mental  reservation  or  evasion 
whatsoever." 

Mr.  KENNEDY.  I  will  accept  that  amend- 
ment. We  will  change  it,  however,  before  it 
reaches  its  final  passage,  I  think. 

The  question  was  taken  on  the  adoption  of 
Mr.  Kennedy's  amendment,  as  modified  by  Mr. 
Crawford,  and  it  was  agreed  to. 

Mr.  WARWICK.  I  think  it  is  necessary  to 
add  something  to  that.  I  think  we  should  add 
the  words  "  so  help  me  God,"  in  order  to  make 
it  perfect.     I  move  to  add  those  words. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

The  question  was  taken  on  the  adoption  of 
the  section  as  amended,  and,  upon  a  division, 
it  was  adopted — ayes,  19  ;  noes,  5. 

residence  of  voters. 

Section  3  was  read,  as  follows  : 

Sec.  3.  For  the  purpose  of  voting,  no  person  shall 
be  deemed  to  have  lost  a  residence  by  reason  of  his 
absence  while  employed  in  the  service  of  the  United 
States,  or  of  this  State,  nor  gained  a  residence  while  a 
student  in  any  seminary  of  learning. 

Mr.  FRIZELL.  I  move  to  amend,  by  striking 
out  the  words  "  nor  gained  a  residence  while  a 
.student  in  any  seminary  of  learning."  I  think 
if  there  is  anything  which  should  qualify  a  man 
to  cast  an  intelligent  vote,  that  is  the  very 
thing  ;  a  man  who  is  in  attendance  upon  a  col- 


lOS 


RIGHT  OF  SUFFRAGE. 


[4tli  day. 


Thursday.]  Hawlev-Crosmax-Fbizell-Lockwood- 


-CnAWFORD— DeLoxg— Brosnax.  [July  7. 


Weo  or  a  temiuarv  of  learning  ought  certainly 
to  Ik-  .iualili.-.l  tocast  an  intelligont  vote. 

The  rilAlKMAN.  If  the  tominittce  will 
allow  the  Chair,  in  order  to  save  time,  I  will 
gu"L'i«t  that  the  ettl'Ct  would  be  that  a  man 
would  lose  residence  by  being  absent  at  a  semi- 
uarv  of  learning  in  another  State.  As  it  is 
now.  after  an  absence  of  twelve  months,  he 
would  be  entitled  to  vote,  notwithstanding  such 

al*seoeo.  ,,..•■         . 

Mr.  IIAWLEV.  The  words  "  or  lost  do  not 
occur  in  this  part  of  the  section.  It  reads, 
'•nor  gained  a  residence.*'  ! 

Mr.  CUOSMAN.  I  apprehend  that  the  point 
to  l>o  avoided  is  this  :  I  understand  if  there 
should  be  a  seminary  of  learning  here,  contain- 
ing, perhaps,  .some  three  or  four  hundred 
students,  unlei^s  there  were  a  provision  ot 
this  kind,  those  students  might  control  all  the 
local  ofliee.>i.  Sucli  things  will  l)e  lilcely  to 
occur  if  we  have  seminaries  of  learning,  as  we 
bi.pe  we  shall  have,  under  this  Constitution. 
I  hope,  tlierelore.  that  the  section  will  remain. 
If  bv  a  si.\  months'  residence  in  a  seminary  of 
learning,  students  could  gain  a  right  to  vote, 
thev  might  combine  in  a  way  which  would  be 
prejudicial  to  the  interests  of  the  permanent 
population,  they  themselves  being  only  tran- 
sient residents. 

Mr.  rUiZKLL.    The   argument  is,  that   in 
some  particular   locality,  three,  four,  or    five 
hundred  men.  who  should  be  students  in  a  seni- 
inarv  of  learning,  might  control   the   vote  of 
that"  particular  locality  at   the  polls.     No\v,  if 
that  urirnineiit  is  good,  what  do  you  say  in  re- 
gard  to  the  army  ?     That  constitutes  a  perfect  | 
comliination.  and  not  only  that,  but  they  have  I 
a  military  organization,  and  nevertheless  they  | 
are  allowed  to  vote.     I  think,  if  there  is  any  j 
class  of  men  in  the  world  who  should  be  allowed 
to  vote  away  from   the  i)laces  of  their  actual  j 
residence,  it  is  that  class  of  men  who  may  be  i 
found  in  an  institution  of  learning. 

Mr.  LOCKWOOl).     The  gentleman  refers  to 
tlie  soldiers'  vote  ;  but  soldiers  are  only  allowed  j 
to  vote  for  olliecs  in   their  own  States  or  local- 
ilies,  and  not  for  olliees  in  the  State  or  locality  ] 
where,  at  the  time  of  voting,  they  happen  to  be 
station"  d  or  on  service. 

Mr.  FKIZELL  I  am  aware  of  that,  sir. 
Mr.  C!£.\\VK()IU).  In  onler  to  make  it  more 
distinct,  I  move  to  insert  after  the  word  "  have," 
in  the  first  part  of  the  section,  the  words 
*'gain«'d  or,*'  so  as  to  read.  '•  U>r  the  juirpose  of 
voting,  no  person  sliall  be  deemed  to  have 
gained  or  lost  a  resiikMiee."'  etc. 

.Mr.  DkLO.N'G.  1  would  suggest  to  the  gen- 
tleman whether  it  would  not  be  well  to  sub- 
stitute the  language  which  is  to  be  found  in 
Section  1.  .\rtie|e  II,  of  the  California  Consti- 
tution, wiiieli.  1  think,  covers  the  idea  of  both 
gentlemen.     It  reads  as  follows  : — 

'•KiirtlM-inirjioBPof  v<itln(?,  no  person  Hlmllbe doomed 
in  have  ((uiiii'il  or  liiHt  u  reHidi-iio-  liy  reuHoii  of  his 
prcw'liec  or  Btiiiciico  while  ••iiij)lc)jcd  In  tlir  M-rvicc  of 
the  I'uitt-d  SlatvM  ;  nor  whllu  engaged  iu  the  uuvigutiou 


of  the  waters  of  tliis  State  or  of  the  United  States,  or 
of  tlie  lii^h  t^t-as:  nor  while  a  stuJuut  of  any  seminary 
ol  ll■arni^l^':  nor  while  keiit  at  any  alinshonse  or  other 
asylnni  at  public  expense;  nor  while  eoutiuea  iu  any 
public  prison." 

I  see  nothing  in  that  which  would  be  inap- 
plicable, except  it  may  be,  perhaps,  the  words, 
••  i,vhile  engaged  in  the  navigation  of  the  waters 
of  this  Stattv' 

Mr.  FUIZELL.  I  think  the  less  said  about 
that  the  better. 

Mr.  CRAWFORD.  I  will  accept  that  amend- 
ment. 

Mr.  DkLONG.  I  will  oflfer  the  section,  then, 
as  an  amendment,  with  the  navigable  waters 
i  of  this  State  stricken  out,  so  that  it  will  read  : 


"Forthc  pui-pose  of  voting,  no  person  shall  be  deemed 
to  have  gained  or  lost  a  residence  by  reason  of  his 
prcsriicu  or  absence  while  employed  in  the  service  of 
tlic  rnit.'d  States;  nor  while  engaged  in  the  navigation 
of  the  waters  of  the  United  States,  or  of  the  high  seas; 
nor  while  a  student  of  any  seminary  of  learning;  nor 
while  kept  at  any  almshouse  or  otln  r  asylum  at  public 
expense;  nor  wliilc  confined  in  any  publir  prison." 

Mr.  LOCKWOOD.  I  move  to  strike  out  all 
relating  to  the  high  seas. 

Mr.  DkLONG.  Oh,  no !  there  may  be  men 
iu  the  naval  service  of  the  United  States  \yho 
go  from  this  State,  as  well  as  from  any  other. 

Mr.  BANKS.  Certainly,  men  may  be  in  the 
naval  service  of  the  United  States  from  Nevada, 
and  it  strikes  me  that  the  language  is  quite 
proper,  and  even  indispensable. 

The  amendment  ottered  by  Mr.  Lockwood 
was  not  seconded. 

The  amendment  offered  by  Mr.  Frizcll  was 
withdrawn. 

The  question  was  taken  on  Mr.  DeLoug's 
amendment,  and  it  was  agreed  to. 

The  section,  as  amended,  was  adopted. 
j      Section  4  was  read,  as  follows  : — 
I      "No  soldier  in  the  anny  of  the  United  States  shall  be 
]  deemed  a  resident  of  this  State  in  consequence  of  be- 
ing stationed  within  this  State." 
I     Mr.  LOCKWOOD.    It  seems  to  me  that  that 
is  entirely  covered  by  the  section  which  we 
j  have  just  adopted. 

Mr.  HAWLEY.    That  is  so,  Mr.  Chairman  ; 
I  if  I  remember  the  phraseology  of  the  section 
which  we  have  just  adopted,  it  provides  that  no 
i  person  shall  be  deemed  to  have  gained  or  lost 
a  residence  while  in  the  service  of  the  United 
'States,  and  I  therefore  move  that  this  section 
[be  stricken  out,  the  ground  being  already  com- 
pletely covered. 

The  (juestiou  was  taken,  and  the  motion  was 
agreed  to. 

THE   soldiers'  VOTE. 

Section  .'5  was  read,  as  follows  : — 
Sice.  .').     The  right  of  suftrage  shall  be  enjoyed  by  all 
persons  otherwise  entitled  to  the  samewho  may  be  ab- 
si-iit  from  this  State  iu  tlie  military  or  naval  service  of 
I  the  United  States;  provi<hil,  that  tlie  payment  of  a  poU- 
I  tax,  or  a  registration  of  sueh  a  voter,  shall  not  t)e  re- 
quired as  a  condition  to  tlie  ri^ht  of  voting.     Provision 
hIuiU  be  made  by  law,  regulating  the  manner  of  voting, 
holding  elections,  and  making  returns  of  such  elections. 

i     Mr.  bROSNAN.   I  do  not  like  the  conaection 


4th  day.] 


RIGHT  OF  SUFFRAGE. 


109 


Thursday,] 


Earl — Brosnan — Banks — Nourse. 


[July' 


of  the  last  part  of  the  section  here.  It  says:  "Pro- 
visioa  shall  be  made  by  law,  regulating  the  man- 
ner of  voting,  holding  elections,  and  making  re- 
turns of  such  elections."  There  is  not,  in  any 
other  part  of  the  article,  any  provision  made,  that 
I  can  find,  for  the  regulation  of  other  elections, 
and  being  in  this  connection,  it  may  be  under- 
stood as  applying  only  to  elections  held  by  this 
class  of  voters.  I  have  prepared  a  section  here, 
a  new  section,  in  relation  to  general  elections, 
which  might  come  in  to  explain  this  Section  5. 
It  embodies  the  same  matter,  and  I  think 
makes  it  more  harmonious.  The  section  I  pro- 
pose, reads  as  follows  : — 

Sec.  5.  All  citizens  of  this  State  in  the  military  or 
naval  service  of  the  United  States,  if  otherwise  enti- 
tled to  the  rights  of  suffrage,  may  vote  at  their  respec- 
tive posts  or  places  of  rendezvous,  for  the  election  of 
all  candidates  above  the  grade  of  county  officers,  at 
such  time  and  in  such  manner  as  may  be  jirovided  by 
law;  and  the  Legislature  shall  enact  laws  to  give  effect 
to  this  provision;  jirovided,  that  the  payment  of  a  poll- 
tax,  or  registration,  shaU  not  be  required  as  a  condi- 
tion to  the  right  of  voting. 

I  will  offer  that  as  a  substitute  for  this  sec- 
tion, and  will  state  that  I  intend  to  add  another 
section,  in  these  words  : — 

Sec.  — .  Laws  may  be  passed  excluding  from 
voting  all  i^ersous  who  have  been  or  may  be  convicted 
of  bribery,  larceny,  or  any  other  infamous  crime ;  and 
all  persons  who  have  been  or  may  be  interested  in  any 
wager  or  bet  depending  upon  the  resiilt  of  any  elec- 
tion. 

Mr.  EARL.  I  move  to  strike  out  from  this 
propo.sed  substitute  for  Section  5,  all  that  por- 
tion wliich  refers  to  a  poll-tax  and  to  registra- 
tion, as  a  qualification  for  voting.  It  savors  too 
much,  I  imagine,  of  property  qualification. 

Mr  WARWICK.  I  think  there  is  nothing  of 
that  kind  in  it. 

Mr.  EaRL.  I  would  inquire  if  the  amend- 
ment does  not  anticipate  a  registry  law? 

Mr.  BROSNAN.  It  is  in  anticipation  of  a 
registry  law,  of  course.  I  thought  I  would 
provide  against  any  such  incumbrance  upon 
the  right  of  the  soldier  who  is  shouldering  his 
musket  in  defense  of  his  country.  That  is  what 
my  amendment  does. 

Mr.  EARL.  I  have  no  objection,  then,  to  the 
amendment. 

Mr.  BANKS.  I  do  not  know  that  I  have  a 
full  understanding  of  the  purport  of  the  amend- 
ment, but  if  I  am  wrong.  1  trust  the  gentleman 
will  correct  me.  I  think  the  difference  between 
Section  .'S,  as  it  stands,  and  the  gentleman's 
amendment,  is  this:  that  the  section  allows 
the  soldier  to  vote  for  all  officers,  and  the 
amendment,  as  the  gentleman  proposes  it,  pro- 
vides that  they  shall  only  have  the  right  to 
vote  for  all  officers  above  the  grade  of  county 
officers.    Is  that  the  case? 

Mr.  BROSNAN.     Yes,  sir. 

Mr.  BANKS.  Now,  Mr.  Chairman,  we  all 
understand  very  well,  that  in  many  counties  in 
any  State,  the  election  of  county  officers,  par- 
ticularly in  large  cities,  is  regarded  as  perhaps 
the  most  important  matter  to  be  decided  at  the 
election.    For  instance,  in  the  State  of  Califor- 


nia, the  election  of  county  officers  in  San  Fran- 
cisco is  not  con.sidcred  second  in  importance  to 
the  election  of  any  other  officers  in  that  State. 
It  is  a  question  upon  which  the  people  feel 
deeply  ;  it  is  one  with  which  their  minds  are  all 
engros.sed  at  the  time  the  election  comes  on. 
It  is  a  question  upon  which  the  soldiers  of  that 
State,  perhaps,  take  a  deeper  interest  than  they 
do  in  the  election  of  Governor.  So  in  this 
State,  if  it  becomes  a  State,  the  fact  may  be  the 
same.  I  do  hope  that  a  privilege  so  important 
as  voting  for  officers  of  the  county  govern- 
ments will  not  be  denied  to  the  soldiers.  I  see 
no  necessity  for  such  discrimination.  If  the 
soldier  is  capable  of  judging  of  the  competency 
of  candidates  for  State  otificers — many  of  whom 

would  be  men  whom  he  would  never  see he 

certainly  would  be  competent  to  judge  in  rela- 
tion to  county  officers  in  his  own  county,  where 
he  is  more  likely  to  know  the  men,  their  ante- 
cedents and  qualifications.  If  any  good  reason 
can  bo  shown  against  the  soldiers'  right  to  vote 
for  the  minor  officers,  I  would  like  to  hear  it, 
and  hope  it  will  be  shown. 

Mr.  BROSNAN.  I  will  merely  say  that  I 
offered  the  amendment  in  this  way,  not  from 
any  desire  to  exclude  the  soldiers  from  voting 
for  these  minor  offices,  but  because  it  is  a  cum- 
bersome piece  of  business  to  obtain  the  sol- 
diers' vote  for  every  county,  stationed,  or 
serving,  as  they  may  be,  at  remote  and  scat- 
tered points.  It  was  merely  to  save  the  expense 
and  trouble  of  getting  the  returns. 

The  CHAIRMAN.  The  Enabling  Act  con- 
tains, I  think,  certain  provisions  which  this  sec- 
tion does  not  meet.  The  word  "rendezvous" 
is  used  where  the  soldier  is  in  the  Territory, 
and  ■'  place  of  service  "  is  employed  when  he  is 
absent  from  the  Territory. 

Mr.  BROSNAN.  I  will  modify  it,  then,  so  as 
to  read  according  to  the  Eiialding  Act  —  that 
they  mny  vote  at  their  respective  rendezvous, 
if  within  the  State  ;  and  if  without  the  State, 
at  their  respective  places  of  service— so  that  it 
will  read: — 

"AU  citizens  of  this  State  in  the  military  or  naval 
service  of  the  United  States,  if  otherwise  entitled  to 
the  right  of  suffrage,  may  vote  at  their  respective  posts 
and  rendezvous,  if  ^vithin  the  State,  and  if  without  the 
State,  at  their  places  of  service,  for  the  election,"  eta. 

Mr.  EARL.  I  will  offer  an  amendment,  to 
strike  out  the  words,  "  above  the  grade  of 
county  officers,"  so  as  to  provide  that  they 
shall  vote  for  all  officers. 

Mr.  NOURSE.  Then  I  do  not  see  how  we 
gain  anything  by  it,  over  Section  5,  as  it  now 
stands.  If  there  is  anything  to  be  gained,  I 
should  be  glad  to  have  it,  but  if  not.  my  feel- 
ing is  in  favor  of  retaining  the  old  Constitu- 
tion. I  do  not  see  but  what  the  section  in 
the  old  Constitution  covers  the  ground  as  well 
as  this. 

Mr.  BROSNAN.  My  object  in  moving  that 
section,  was  mainly  to  avoid  the  troul)le  and 
expense  of  collecting  these  scattered  returns  of 
the   elections  of  county  ^officers.    It  may  take 


110 


RIGHT  OF  SUFFRxlGE. 


[4tli  day. 


Thureday.]        Bkosxax — Johnson — Nourse — Banks— DeLoxg — Fitch — Warwick.  [July  7. 


two  or  throe  months  to  get  the  returns.  But 
inasmuch  as  that  does  not  appear  to  meet  with 
the  favor  of  the  Convention.  I  think  the  old 
section  covers  the  case  as  well,  and  I  withdraw 
the  amendment. 

The  CHAIRMAN.  No  olijection being  made, 
the  amendment  is  withdrawn. 

Mr.  I3R0SNAN.  I  propose  now  to  add  to 
the  section  the  following  words:  '-wherein 
other  provisions  are  not  contained  in  this  Con- 
stitution." 

[Mr.  Fitch  in  the  Chair.] 

Mr.  JOHNSON.  I  think  this  is  a  very  ma- 
terial and  necessary  provision,  and  I  will  say, 
it  was  ottered  at  my  instance.  The  concluding 
sentence  will  then  read  :  — 

Pro-^-ision  shall  be  made  by  law,  regulating  the  man- 
ner of  voting,  holding  elections,  and  making  returns  of 
such  elections,  wherein  other  provisions  are  not  con- 
tained in  this  Constitution. 

Now.  this  Constitution  has  elsewhere  provid- 
ed no  method  for  holding  elections,  and  making 
returns  of  such  elections,  and,  without  the  lan- 
guage contained  in  that  amendment,  it  occurs 
to  me,  that  no  election  could  be  held  under  the 
provisions  of  this  Constitution,  until  after  the 
Legislature  shall  have  convened,  and  enacted 
laws  in  pursuance  of  this  Section  5.  I  con- 
ceive that  it  is  absolutely  necessary,  therefore, 
that  the  amendment,  or  words  of  like  import, 
be  inserted,  so  as  to  give  full  force  and  vitality 
to  the  provisions  contained  in  other  portions  of 
the  instrument.  I  hope  that  the  amendment 
will  be  adopted. 

Mr.  NOURSE.  It  does  not  strike  me  that  it 
is  necessary.  I  take  it  that  the  principle  is 
established  that  any  constitutional  provision 
overrides  a  statutory  provision,  and  where  laws 
are  passed  by  the  Legislature,  tliey  must  relate 
only  to  matters  not  provided  for  in  tlie  Consti- 
tution. Where  there  is  a  constitutional  provi- 
sion for  an  election,  therefore,  no  provision 
made  by  law  can  do  away  with  that  constitu- 
tional enactment. 

Mr.  JOHNSON.  That  may  be  all  true.  That 
may  be  the  result  of  judicial  decisions  and  in- 
terpretations of  the  Constitution,  but,  by  the 
adoption  of  the  language  proposed  in  this 
amendment,  we  leave  the  question  beyond  all 
doubt  and  uncertainty.  We  thus  give  a  judi- 
cial exposition  ourselves,  without  leaving  it  for 
the  courts  to  pass  upon  hereafter. 

The  question  was  taken  upon  the  adoption  of 
the  amendnii'nt,  and  it  was  adopted. 

No  further  amendments  being  proposed,  the 
section  was  adopted. 

Mr.  B.\NKS.  I  move  that  the  Committee 
TisC-  report  progress,  and  ask  leave  to  sit  again 
at  a  quarter  past  seven  o'clock,  this  evening. 

Mr.  />;LONG.  I  object  to  that  motion  ;  the 
Committe;^  cannot.ask  leave  to  sit  at  a  certain 
time.  Tlie  Y  ^^^^  "^""'y  ^^^  leave  to  sit  again, 
and  the  Coi'*^''^"*^'°"  directs  the  time  of  that 
sitting.  ^  .      . 

Mr.  BANKsf-  ^  ^^^'^'^  °°  objection  to  modify- 
ing my'motio!P'  *^  ^^  involves  a  question  of 


parliamentary  law.  I  will  move  that  the  Com- 
mittee rise,  report  progress,  and  ask  leave  to 
sit  again,  and  tlien  the  Convention  can  deter- 
mine the  parliamentary  question. 

The  (jnestion  was  talien,  and  the  motion  was 
agreed  to. 

IN  convention. 

The  PRESIDENT  having  resumed  the  Chair, 

The  CHAIRMAN  reported  that  the  Commit- 
tee had  had  under  consideration  Article  II,  en- 
titled "  Right  of  Sutfrage,''  had  made  some 
progress  therein,  and  had  instructed  him  to  ask 
leave  to  sit  again. 

The  report  was  received,  and  leave  granted 
accordingly. 

Mr.  DeLONG.  I  move  that  the  Conventiou 
do  now  adjourn. 

Mr.  FltCH.  I  hope  the  gentleman  will 
withdraw  that.  I  have  a  very  necessary  and 
important  motion,  and  I  am  sure  the  gentle- 
man will  withdraw  his  motion,  if  he  under- 
stands the  object  of  mine. 

Mr.  DkLONG.  I  do  not  withdraw  it,  for  any 
such  purpose. 

Mr.  BANKS.  I  rise  to  make  a  motion, 
which  is  in  accordance  with  parliamentary  law ; 
I  move  that  when  this  Convention  adjourn,  it 
adjourn  to  meet  this  evening  at  seven  o'clock. 
I  b(dieve  that  that  motion  has  to  be  put  first. 

]Mr.  DeLONG.  I  rise  to  a  point  of  order 
upon  that  motion. 

Mr.  FITCH.  I  rise  to  a  point  of  order,  that 
no  point  of  order  is  in  order  when  there  is  a 
motion  to  adjourn.     [Laughter.] 

The  PRESIDENT.  The  Chair  will  hear  the 
gentleman's  point  of  order. 

Mr.  DeLONG  stated  that  his  point  of  order 
was,  that  the  motion  of  Mr.  15anks  was  an 
amendment  to  a  standing  rule,  and  that  the 
question  must  first  be  taken  on  the  motion  to 
adjourn. 

After  some  discussion,  the  point  of  order 
having  been  overruled. 

Ou  motion  of  Mr.  BANKS,  at  five  o'clock, 
the  Convention  adjourned  until  seven  o'clock 
in  the  evening. 

EVENING  SESSION. 

The  Convention  met  at  seven  o'clock,  P.  M., 
and  was  called  to  order  by  the  President. 

member  QUALIEIEI). 

J.  G.McCLINTON,  Delegate  from  Esmeralda 
County,  took  his  seat  as  a  member  of  the  Con- 
vention, having  first  taken  the  oath  of  office 
before  Judge  Wright,  and  subscribed  the  same. 

RIGHT    OF   SfKFRAGE. 

Mr.  WARWICK.  I  move  that  the  Conven- 
tion resolve  itself  into  Committee  of  the  Whole, 
for  the  further  consideration  of  Article  II  olj 
the  Constitution,  entitled  "  Right  of  Suffrage.' 

The  question  was  taken,  and  the  motioil! 
was  agreed  to. 


4tli  da)'.] 


RIGHT   OF   SUFFRAGE. 


Ill 


Thursday,] 


Bkosxax — JoHxsox — Hawley — DuxxE — Earl. 


[July 


COMMITTEE    OP   THE    WHOLE. 

The  Convention  accordingly  rcsnlved  itself 
into  Committee  of  the  Whole.  (Mr.  Warwick  in 
the  chair,)  and  resumed  consideration  of  Article 
II.  entitled  Ris^lit  of  Suttraue. 

The  CHAIRMAN.  Section  5  having  been 
disposed  of  at  the  previous  sitting  of  the  Com- 
mittee, the  Secretary  will  read  the  next  section. 

Section  6  was  read,  as  follows  : — 

Sec.  6.  During  the  day  on  which  any  general  election 
shall  be  held  in  this  State,  no  qualified  elector  shuU  be 
arrested  by  virtue  of  any  civil  process.  ; 

No  amendment  being  offered,  the  section  was 
adopted. 

Section  7  was  read,  as  follows  : — 

Sec.  7.  AU  elections  by  the  people  shall  be  by  ballot,  j 
and  all  elections  by  the  Legislature,  or  by  either  branch  j 
thereof,  shall  be  viva  voce. 

No  amendment  being  offered,  the  section  was 
adopted.  , 

REGISTRY   LAW. 

Section  8  was  read,  as  follows  : —  | 

Sec.  8.  Provision  shall  be  made  by  law  for  the  regis- 
tration of  the  names  of  the  electors  within  the  coun- 
ties of  which  they  may  be  residents,  and  for  the  ascer- 
tainment, by  proper  proofs,  of  the  persons  who  shall  , 
be  entitled  to  the  right  of  suffrage  as  hereby  established. 

Mr.  BROSNAN.  I  am  not  quite  satisfied, 
Mr.  Chairman,  with  the  provisions  in  this  Con- 
stitution, or  its  instructions  to  the  Legislature, 
in  regard  to  regulating  the  mode  of  holding 
elections.  This  section,  to  my  mind,  is  not 
snfticiently  full  on  the  subject,  and  the  only  ' 
other  section  we  have  touching  it  is  Si-ction  .5, 
which  may  be  considered  as  merely  providing 
for  the  voting  of  the  soldiers.  I  would  there- 
fore move,  as  an  amendment  to  this  section, 
the  following  :— 

Sec.  8.  Prorision  shall  be  made  by  law  for  the  regis- 
tration of  the  names  of  the  electors  within  the  counties 
of  which  they  may  be  residents,  and  for  the  ascertain- 
ment, by  proper  iiroofs,  of  the  persons  who  shall  be 
entitled  to  the  right  of  sutl'rage  as  hereby  established; 
to  in-eserve  the  purity  of  elections;  and  to  regulate 
the  manner  of  holding  and  milking  returns  of  the  same. 

Mr.  JOHNSON.  I  will  make  a  suggestion, 
I  whether  we  cannot  obviate  that  difficulty  by 
striking  out  the  word  "  such,''  which  is  next  to 
the  last  word  in  Section  5.  as  printed,  and  in- 
serting the  word  "  all  '*  in  lieu  of  it,  so  that  that 
,  provision  would  read  : — 

I      "  Provision  shall  be  made  by  law  regulating  the  man- 
I  ner  of  voting,  holding  elections,  and  making  returns 
j  of  all  elections,  except  as  herein  other\nse  provided 
by  this  Constitution." 

I  Mr.  BROSNAN.  My  object  is  that  there 
shall  be  no  mistake  about  the  action  of  the 
Convention  on  the  subject. 

Mr.  JOHNSON.  I  would  inquire  whether 
that  would  not  obviate  the  difficulty  and  save 
the  necessity  of  adding  a  considerable  num- 
ber of  words  at  the  end  of  this  section. 
;  Mr.  BROSNAN.  I  am  afraid  it  would  not 
imeet  the  difficulty  altogether.  I  would  state 
that  this  clause,  "  to  preserve  the  purity  of 
elections,"  would  necessarily  imply  the  power 
to  impose  penalties  on  persons  guilty  of  infrac- 


tions of  the  law,  and  I  deem  it  proper  to  inter- 
polate that  language  here,  with  that  view.  i\l- 
thoughthe  Legislature  would  undoubtedly  have 
a  right  to  impose  penalties  for  infractions  of  the 
law,  still  I  prefer  to  .see  it  written  plainly  in  the 
Constitution,  so  as  to  have  no  question  about 
that  right. 

The  question  was  taken  on  Mr.  Brosnau's 
amendment,  and  it  was  agreed  to. 

Mr.  HAWLEY.  I  move  to  add,  after  the 
word  "established,''  in  Section  8,  the  words, 
"  and  the  Legislature  shall  prescribe  the  proof 
required  to  be  made  in  such  cases."  As  I  have 
previously  remarked,  I  consider  Section  2  as 
partaking  more  of  the  character  of  a  legisla- 
tive enactment  than  properly  belongs  to  a  con- 
stitution ;  but,  in  this  case,  lest  there  should 
be  some  misapprehension — lest  there  should  be 
no  enactment  to  which  reference  could  be  made 
in  the  case  of  disputed  and  contested  elections, 
in  order  to  prevent  the  trouble  which  might 
arise,  I  propose  to  incorporate  that  language, 
I  that  the  duty  of  the  I  egislature  shall  be  so  de- 
fined that  they  will  not  neglect  to  make  the 
required  enactments  prescribing  the  proper 
I  proofs  of  the  qualifications  of  an  elector.  It 
:  may  be  regarded  as  sur])lusage,  but  I  submit  it 
to  the  judgment  of  the  Convention. 

Mr.  DUNNE.  I  do  not  think  the  amendment 
is  necessary  at  all.  because  the  greater  includes 
the  less.  In  the  last  amendment  adopted,  we 
give  the  Legislature  the  power  to  make  laws  to 
'  jjreserve  the  purity  of  elections,  and  I  think 
all  that  this  amendment  proposes  is  embodied 
iu  that. 

Mr.  HAWLEY.  I  am  inclined  to  think  so 
myself,  on  reflection,  and  I  will  withdraw  the 
I  amendment. 

!  No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

POLL-TAX. 

I     Section  9  was  read,  as  follows  : — 

Sec.  9.  The  Legislature  shall  provide  by  law  for  the 
payment  of  an  annual  poll-tax  of  not  less  than  two,  nor 
exceeding  four  dollars,  from  each  male  person  resident 
iu  the  State  of  the  age  of  twenty-one  years  or  upwards, 
'  one  half  to  be  applied  for  State,  and  one  half  for  county 
purposes;  and  the  Legislature  maj- make  such  payment 
a  condition  to  the  right  of  voting. 

j  Mr.  EARL.  I  move  to  strike  out  this  section. 
As  I  remarked  previously  to-day,  it  savors  too 
much  of  a  property  qualification.  Sir.  I  have 
seen  the  time  in  California,  at  an  early  da^^ 
when  to  compel  me  to  pay  that  four  dollars 
would  have  taken  away  my  pork  and  beans. 
We  may  all  possibly  see  such  a  time  again. 
We  have  even  now  a  pecuniary  crisis  ujjon  us, 
and  do  not  know  where  it  will  end.  I  certainly 
think  that  section  should   be  stricken  out,  for 

I  it  may  preclude  many  good  citizens  from  the 

j  exercise  of  the  elective  franchise. 

!  Mr.  HAWLEY.  Before  making  the  motion 
which  I  propose  to  make  to  amend  the  gentle- 
man's amendment,  I  desire  to  say  that  it  seems 
to  me  he  is  unnecessarily  alarmed.  This  poll- 
tax  is  left  discretionary  with  the  Legislature. 


11-2 


RIGHT  OF  SUFFRAGE. 


[4tli  day 


Thursday,] 


E-Uii. — Hawi^et — DeLoxg— JOHXSOX. 


[July  7. 


The  section  says  thfy  "  may  •'  levy  it.  it  doei? 
doi-.<  not  say  tlu-y  "  /inill  "  do  sn.  uiid  I  am  very 
mucb  iiiciiiled  to  tbluk  it  would  be  diflicuU  to 
get  together  a  legishilivi'  liudy  iii  tills  State 
which  would  do  so. 

Mr.  E.\liL.  If  the  gentleman  will  allow  me, 
I  will  u,«iv  him  this  questiou  :  Is  "  shall '' dis- 
cretionary'' 

Mr.  H.\\VLEV.  The  word  is  ••  may  ;"'  it  is 
in  the  sulfjiuKtlve  mood. 

Mr.  UkLONG.  But  ••  shall "'  and  "  may  "  are 
gynonvuious  term^s  iu  law. 

Mr."  II.VWLEV.  Very  well.  I  move  to 
an-end  the  freutloman's  amendment,  liy  strik- 
ing out  of  the  section  all  after  the  word  '•  pnr- 
posos;"  that  is,  to  striice  out  "and  the  Le<i;isla- 
tiire  may  make  sucli  payment  a  condition  to 
the  riyht  of  voting.'" 

Mr.  EARL.  I  consider  that  this  section  is 
merely  legislating.  We  liave  here  provided  that 
the  Legi>ialure  may  raise  funds,  and  that  those 
funds  shall  he  devoted  to  certain  purposes  ;  and 
1  think  we  are  interfering  too  much  with  the 
province  of  the  Legi.-lature. 

Mr.  DkLONG.  this  provision  is  under  the 
head  of  liigbt  of  Saftrage.     Now,  if  you  strike 

0  t  this  concluding  sentence  there  is  not  asiiigle 
thing  left  in  the  section  which  relates  to  the  right 

01  sullVage.  It  merely  provides  what  the  Legis- 
lature may  do  ;  that  it  may  levy  a  certain  ta.\ 
upon  c  Ttain  p  rsons.  and  that  one-half  shall 
be  applied  ft>r  State  and  one-half  for  county 
purposes.  There  is  nothing  in  that  which  af- 
ftcts  the  right  of  sutlrage  at  all,  and  therefore 
there  is  nothing  whicli  gives  it  a  place  under 
the  head  of  tlie  Right  of  Snlfrage.  If  that 
sentence  is  stricken  out,  I  sliuU  go  for  striking 
out  the  wholi  section. 

Mr.  IIAWLEV.  It  is  well  known  that  in  al- 
most every  .State  all  men  are  liable  to  pay  a 
poll  tax,  and  certain  means  are  prescribed  by 
legi.-lative  enactm'-nts  for  the  collection  of 
eueli  lax.  I  thiidv,  by  delining  the  purpose  to 
which  such  tax  is  to  be  applied,  and  author- 
izing and  refpiiring  the  Legislature  to  levy  it, 
we  do  nothing  more  than  we  ought  to  do. 

Mr.  1)kL(JN(;.  Then  put  the  provision  in 
another  jdac. 

.Mr.  JOHNSON.  I  am  opposed  to  both 
am'Midments.  Jn  the  (irst  place,  as  to  the  legal 
proposition,  though  I  may  encounter  difficulty, 
p'rhaps,  by  calling  out  the  gentleman  from 
Storey.  [Mr.  DeLong.]  to  explain  his  interpre- 
tation, yet  I  must  say  that  where,  in  the  same 
section,  the  word  "  nny  "  is  used  in  one  place, 
and  ••  Miall  "  in  another,  it  is  a])parent  that 
they  are  used  in  contradistinction  to  each 
other  ;  that  is.  "  may  "  is  used  with  a  diller- 
enl  meaning  from  that  which  attaches  to  the 
Word  "  shall."'  and  you  cannot,  by  any  reason- 
able conslrnction.  determine  in  such  a  case  that, 
wh<-n  you  say  "  may  "  you  mean  to  say  •'  shall." 

Mr.  1)kIJ)SG.  I  made  that  remark  in  reply 
to  the  gentleman  from  Douglas  [Mr.  Ilawhry]. 
I  will  fuy  this,  that  in  all  public  acts  where 
a  public  iKMly  in  directed  to  do  a  thing  by  t*ie 


!  word  "  may."  it  is  held  that  it  means  "  shall." 
But  where  the  language  applies  to  individuals 
and  not  to  a  public  body,  "  may  "  means  '•  may." 

'  We  had  that  (lueslion  argued  the  other  day,  be- 

'  fore  Judij;!'  North. 

j  Mr.  JOlIN.>()N.  AVill  the  gentleman  allow 
me  to  interrupt  him  ?     Does  not  he  mean  that, 

I  when  api)lied  to  public  bodies,  the  word  '•  may  " 

!  means  '■  may,"  and  when  applied  to  private  iudi- 

j  viduals  it  means  "  shall "'  " 

I      Mr.  De LONG.    No,  sir  ;  there  was  a  case  ar- 

1  gued  a  few  years  ago  in  which  a  large  number 
of  leading  members  of  the  bar  participated, 
and  the  whole  argument  was  upon  the  con- 
struction to  be  given  to  the  words  •'  may  "'  and 
"shall"  in  the  statutes,  where  a  municipal 
corporation  was  directed.  And  it  was  con- 
ceded, after  a  very  full  argument,  that  the 
word  ■'  may  "  meant  '•  shall  "  iu  a  law  or  ordi- 
nance which  directed  a  body  corporate  to  do 
a  certain  thing.  But  when  the  right  of  private 
parties  was  involved,  it  was  dilferently  con- 
strued by  the  court. 

Mr.  JOHNSON.  It  matters  not  what  con- 
struction may  have  been  given  ;  if  it  is  what 
we  mean  by  that  section  it  will  be  so  held. 
In  this  case  both  words  are  used  in  the  same 
section.  In  the  one  case  it  is  imperative,  and 
the  word  '•  shall  "  is  used,  and  in  the  other, 
the  word  used  differing  from  that  which  pre- 
ceded it,  evidently  conveys  a  different  mean- 
ing. In  the  first  part  of  the  section  we  say 
that  '•  the  Legislature  shall  provide  by  law 
for  the  payment  of  an  annual  poll-tax," 
etc.,  and  then  following  that,  we  say,  '•  and 
the  Legislature  »uiy  nrake  such  payment  a 
condition  to  the  right  of  voting."  I  under- 
stand the  proposition  of  the  gentleman  from 
Storey  is,  that  the  use  of  this  word  '-may" 
renders  it  imperative  upon  the  Legislature  to 
make  the  payment  of  the  poll-tax  a  condition 
prt.'Cedent  to  the  right  to  vote.  Am  I  correct? 
Mr.  DeLOXG.  1  do  not  make  it  my  argu- 
ment at  all,  but  the  same  language  was  used  in 
the  act  relative  to  the  consolidation  of  actions, 
and  that  is  where  the  argument  sprung  up  to 
which  1  have  referred.  The  act  said  in  one  sec- 
tion, that  iu  certain  cases  the  courts  •'  shall  " 
consolidate,  and  in  another  place,  in  other  cas^s 
it  said,  the  court  '•  may  "  do  it.  The  counsel 
on  the  opposite  side  were  contending  for  this 
very  interpretation  of  the  act — that  though  the 
two  words  were  used  in  the  same  statute,  as 
here  they  are  used  in  the  same  section,  they 
meant  the  .'^ame  thing,  and  must  be  so  construed. 
And  that  opinion  was  concurred  in  by  the  Judge 
with  the  concurrence  of  eminent  counsel  after 
that  argument — that  in  an  act  directing  a  thing 
to  be  done  by  a  public  body,  "  may "  meant 
"shall."' 

Mr.  JOHNSON.  I  do  not  think  that  is  a  fair 
illustration.  There  it  is  confessedly  acknow- 
ledged that -'shall"  was  used  in  reference  to 
a  portion  of  the  practice  act,  and,  of  course, 
there  was  no  escaping  the  binding  force  of  that 
word.    Iu  the  other  case,  where  "may"  was 


4th  day.] 


RIGHT  OF  SUFFRAGE. 


113 


Thursday,] 


JoHxsox — Banks — Hawlet. 


[July 


employed,  it  was  dependent  upon  that  which 
preceded  it,  so  that  it  could  not  avoid  the 
operation  of  tiie  stronger  or  more  manda- 
tory word  which  preceded,  to  wit,  the  word 
'•  shall."'  Therefore.  I  say,  it  is  not  a  fair  illus- 
tration of  the  proposition  as  contained  in  this 
section.  Now,  sir,  this  section  applies  to  two 
subjects,  and  that  is  an  additional  argument 
to  that  which  the  gentleman  has  suggest- 
ed. If  you  strike  out  the  latter  part  of  the 
section,  then  there  is  nothing  left  pertaining  to 
the  right  of  suffrage  ;  therefore  there  are  here 
two  propositions,  neither  of  which  is  depend- 
ent upon  the  other.  One  is  mandatory,  and 
the  other  discretionary. 

Now.  sir,  I  do  not  like  to  invoke  the  action 
had  by  the  former  Convention,  because  that  is 
a  delicate  matter,  so  far  as  I  am  concerned,  and 
so  far  as  many  other  members  of  this  Conven- 
tion arc  concerned ;  but  there  are  some  mem- 
bers of  this  Convention  who  participated  in 
the  deliberations  of  the  former  Convention, 
and  in  the  discussion  of  this  subject,  and 
every  one  of  them  will  remember  full  well 
the  report  which  emanated  from  the  committee 
of  which  I  had  the  honor  to  be  chairman,  and 
the  discussion  which  ensued  upon  it.  They  will 
remember  the  change  which  was  made,  and  the 
reasons  which  suggested  that  change,  in  the 
language  of  this  section.  I  am  free  to  say 
that  I  did  then  infinitely  prefer  that  the  word 
".shall"  should  be  used  where  ''may "' occurs. 
I  was  in  favor  of  adopting  words  conceded 
to  be  of  a  compulsory  nature,  and  we  re- 
ported it  from  the  committee  in  that  condition, 
but  it  was  afterwards  changed.  My  friend  on 
my  left.  (Mr.  Brosnan.)  made  an  eloquent  and 
timely  appeal  to  that  Convention,  which,  at  a 
later  stage  of  tbe  proceedings,  had  a  controll- 
ing etfect,  for,  with  almost  unanimous  voice,  the 
Convention  consented  to  substitute  the  word 
'•may '' for  the  word  ■' shall,"  thus  leaving  it, 
according  to  the  understanding  of  that  Con- 
vention, discretionary  with  the  Legislature  to 
impose  a  poll-tax  as  a  condition  precedent 
to  the  right  of  voting,  or  not,  as  they  in  their 
best  judgement  saw  fit.  That  is  my  recollec- 
tion, and  I  will  ask  the  gentleman  from  Storey. 
(Mr.  Brosnan,)  if  I  am  not  right.  Such  is,  at 
all  events,  my  recollection  of  the  proceedings 
in  that  Convention,  and  I  know  that  members 
at  that  time  entertained  the  opinion  that  tbere 
was  a  marked  distinction  between  those  two 
words. 

So  much  for  the  one  branch  of  the  proposition ; 
now  for  the  other.  In  the  first  place,  if  we 
establish  here  a  State  Government,  I  say  now, 
and  I  may  have  occasion  to  repeat  it  hereafter 
when  we  come  to  consider  a  more  important 
feature  of  this  instrument,  that  I  want  ti  to 
be  a  self-sustaining  Government.  I  want  all 
within  our  borders  to  contribute  their  just  pro- 
portion towards  the  support  of  that  Govern- 
ment. "Whether  they  have  little  or  much  prop- 
erty, their  interest  in  the  well-being  and  pros- 
perous condition  of  the  State  is  the  same,  and 
H 


the  man  who  has  not  a  great  deal  of  this  world's 
goods  should  yet  be  compelled  to  pay  his  quota 
in  that  small  tlegree  which  he  has.  And  such  is 
the  object  and  intent  of  this  section.  It  is  not 
property  alone,  but  the  man  himself  who  is  also 
protected,  in  all  his  various  relations  and  inter- 
ests, by  the  Government;  and  it  is  provided  in 
this  section  that  all  male  citizens  of  the  age  of 
twenty-one  years  or  over,  be  they  white  or 
black,  yellow  or  copper-colored,  shall  pay 
an  annual  poll-tax  in  addition  to  any  tax  that 
may  be  assessed  upon  their  pn  perty,  for  the 
protection  which  the  Government  attbrds  to 
their  persons.  I  want  this  clause  extended 
so  as  to  reach  every  class  of  individuals.  You 
know.  Mr.  Chairman,  and  every  gentleman  on 
the  floor  recognizes  the  fact,  that  there  are 
many  persons  who  are  the  owners  of  property 
which  is  never  reached  by  the  tax-gatiier':r. 
although  they  are  abundantly  able  to  pay ; 
and  I  propose,  as  one  individual  member  of  tl.ij 
Convention,  that  there  shall  be  incorporated  in 
our  Constitution  such  provisions  as  are  best 
calculated  to  reach  that  class  of  persons. 

As  to  the  matter  of  the  right  of  voting,  I  am 
willing  to  accede,  as  I  did  on  that  occasion,  iu 
the  former  Convention,  to  the  opinions  of  the 
majority,  and  not  make  the  obligation  impei'- 
ative  upon  the  Legislature  to  incorporate  into 
the  statutes  a  provision  that  the  right  of  voting 
.-hall  be  conditional  upon  the  payment  of  the 
poll-tax.  I  am  willing  to  leave  that  to  the  dis- 
cretion of  the  Legislature,  If  the  times  be 
hard,  and  men  find  it  difiicult  to  raise  the 
small  amount  of  a  poll-tax,  then  the  members  of 
the  Legislature,  coming  fresh  from  the  people, 
may  not  deem  it  wise  to  incorporate  into  the 
statutes  a  provisiou  of  that  kind  ;  but  the  next 
ensuing  session  the  case  may  be  ditferent,  and 
they  may  deem  it  the  part  of  wisdom  to  take 
that  action,  I  propose,  therefore,  to  leave  it  to 
the  repres  }ntatives  of  the  people  in  the  Legis- 
lature, although,  as  I  said  before,  I  would  per- 
sonally prefer  to  make  it  compulsory  upon  every 
voter  to  pay  this  poll-tax.  Now,  1  do  hope  that 
no  part  of  this  section  will  be  stricken  out — nei- 
ther the  one  making  it  compulsory  upon  the  Leg- 
islature to  levy  a  poll-tax,  one-half  of  the  pro- 
ceeds of  which  are  to  go  to  the  State,  and  the 
other  half  to  the  county  ;  nor  the  other  pro- 
position which  authorizes  the  Legislature  in 
their  discretion  to  make  such  payment  a  con- 
dition to  the  right  of  voting,     1  am  in  favor  of 

I  allowing   the   Legislature  to  put  in  operation 
such  a  law  whenever   they  may  deem  it  expe- 

,  dient. 

I     Mr.   BANKS,     To  avoid  the  difficulty  sug- 

I  gested  in  regard  to  construction,  I  will  offer 
an  amendment. 

Mr,  CHAIRMAN.  The  Chair  will  call  the 
gentleman's  attention  to  the  fact  that  there  is 
already  an  amendment  pending. 

Mr.  HAWLEY.  I  am  fully  satisfed  as  to 
the  proper  construction  to  be  put  upon  this 
language  which  I  propose  to  strike  out,  and 
Jjeing  fully  of  the  opinion,  as  expressed  by  the 


lU 


RIGHT  OF  SUFFRAGE. 


[4tli  da}'. 


Tbureday,] 


B.vxKs—E.vuh—NouiwE— Johnson— Brosnak. 


[July  T. 


eeotleman  from  Ormsby,  (Mr,  Jobnson,)  that 
Ihe  poll-tux  >huuia  be  collected,  and  that  the 
p-naliv.  if  auv.  should  be  left  discretionary 
with  t  e  Legislature,  I  now  withdraw  my 
aoiL-udiu-nt,  in  order  to  leave  the  section  as  it 
n  iw  g'.auds. 

Mr.  HANKS.  Then  I  suppose  my  amendment 
will  Ix-  in  order.  1  oiler  it  to  obviate  tiie  ditii- 
cultv  in  reuard  to  the  construction.  I  move  to 
add.' after  the  word  "  may,"  the  words,  "  in  its 
discretion."' 

Kvery  lawyer  knows  how  easy  it  is  to  cite 
authorities,  and  to  make  arguments  upon  the 
construction  of  the  words  ••  may  "  and  ".shall.' 
1  have  often.  lhou;xh  1  am  not  a  lawyer  myself. 
participated  in  such  discussions,  and  1  have 
tound  that  it  was  just  as  easy  to  advocate  one 
8ide  as  the  other.  [Laughter.]  And  I  often 
had  occasion  in  the  Legislature  of  Galiroriiia 
to  advocite  the  insertion  of  these  same  word.'^. 
••  in  its  di.scretion,''  in  order  to  avoid  that  very 
diiticulty  of  construction.  I  so  fully  and  ex- 
actly agree  with  the  gentleman  from  Orm-iby, 
(Mr!  Johnson),  as  to  the  necessity  of  requiring 
every  man  to  aid  in  the  support  of  the  Govern- 
ment, and  especially  at  this  particular  time. 
wlii-n  we  are  just  entering  upon  our  career  as  a 
,State.  that  I  will  not  add  anything  to  his  re- 
marks npi.-n  that  suliject. 

Mr.  E.\11L.  If  we  are  going  to  say  that  the 
Legislature  may,  in  their  discretion,  do  this. 
why  not  leave  the  section  out  altogether  aiid 
b't  tliem  use  their  discretion'.'  Why  should  we 
dictate  to  t'icni  in  this  matter  at  all  ?  Has 
it  come  to  this,  that  we  must  have  a  prop- 
erty qualification'.'  Why.  sir,  I  could  find  you 
two  hundred  men  now  in  our  city  of  Virginia 
who  would  be  unable  to-day  to  pay  that  four 
dollars.  I  say  it  savors  of  property  qualifica- 
tion, and  I  hope  to  God  this  Convention  will 
not  tolerate  the  idea.  Are  we  to  be  disfron- 
chiwMl  merely  because  we  are  not  able  to  raise 
four  dolliirs?  Is  this  a  rej  ublican  government. 
or  is  it  not?  Are  we  to  disfranchise  not  only 
the  young,  but  the  old,  because  they  do  not 
poiMies*  wi-.iUh'.'  Is  that  the  proposition?  I 
hope  the  Convention  will  strike  out  the  sec- 
tion. .My  frii-n  I  fnmi  Wa-hoe,  (.Mr.  Nourse). 
has  prepared  an  amendment  to  another  clause 
of  thiB  (constitution,  and  in  the  event  that  this 
HKl'utn  must  go  into  the  Constitution,  I  hope 
that  ain'-ndnienl  will  lie  adopted.  J5ut  it  seems 
to  m«'  that  if  we  ntl-ct  a  moment  we  shall  see 
that  it  in  taking  away  the  ritrht  of  voting  from 
many  good  citizeuK.  and  shall  therefore  repudi- 
ate the  iilea  altogether. 

Mr.  XOITRSE.  I  cannot  feel  the  force  of 
the  remarks  of  the  gentleman  from  .Storey, 
who  hi''  lust  spoken.  It  s<ems  to  me  there  are 
two  adviintagf.s  which  the  jteople  derive  from 
Government,  nam>'ly — the  protection  of  per- 
HonK  and  the  protection  of  property  ;  and  that 
while  properly  should  p.iy  its  share  for  the  sup- 
port of  the  (iovernment.  and  for  its  jirotection, 
pcr^onH  should  also  jmy  their  share  for  the  pro- 
tection alforded  them  by  the  Government.  Aa(i 


I  am  particularly  and  peculiarly  in  favor  of 
retaining  this  section,  especially  that  portion 
of  it  giving  this  power  to  the  Legislature — and 
I  hope  the  Legislature  will  use  it — for  the 
e.speeiul  reason  that  it  will  tend  greatly  to  pro- 
mote the  purity  of  elections.  If  there  should 
be  one  or  two  cases  of  hardship,  such  as  the 
gentleman  from  Storey,  (Mr.  Earl),  suggests — 
and  the  number  of  such  cases  must  be  very  few, 
where  a  man  cannot  raise  one,  two,  three  or  four 
dollars — still  tlu;  advantage  to  be  gained  in  the 
aggregate  will  more  than  compensate  for  those 
cases  of  hardship.  AVliy.  sir,  this  poll-tax  would 
not  amount  to  ni<ire  than  one  day's  work  of  a 
laljoring  man,  and  I  do  not  believe  that  in  this 
Territory  there  are  any  consideral)le  number  of 
laboring  men  of  ordinary  industry,  who  cannot 
well  att'ord  to  give  one  (lay's  work  every  year 
to  the  support  of  the  Government  which  pro- 
tects them.  And  when  this  is  made  a  condition 
to  the  right  of  voting,  if  a  whole  year  is  given 
in  which  to  look  around  and  get  the  money, 
I  think  you  will  find  that  there  will  be  scarcely 
a  man  who  will  be  deprived  of  the  right  of  vot- 
ing on  that  account.  In  other  States,  nothing 
has  been  found  so  etticieut  to  make  the  regis- 
tration of  voters  perfect,  ami  so  to  preserve  the 
purity  of  elections,  as  to  require  the  payment 
of  a  poll-tax  as  a  coudilioa  ol  the  right  of  vot- 
ing. 

Mr.  JOHNSON.  There  is  one  question 
which  has  been  asked  by  the  gentleman  from 
Storey  (Mr.  Earl,)  whicii  I  think  can  lie  i-eadily 
answered.  He  asks  why  we  do  not  .strike  out 
the  section  altogether,  and  leave  it  to  the  dis- 
cretion of  the  Legislatui'e.  My  reply  i.s,  that 
if  you  strike  it  out  entirely,  and  make  no  pro- 
vision of  the  kind,  the  Legislature  can  never 
put  it  in. 

Mr.  EAKL  [in  his  seat].  I  should  hope  to 
God  they  never  could. 

Mr.  .jijIINSON.  The  gentleman  now  dis- 
closes by  that  «o//o  voce  exclamation  his  position, 
and  the  true  ground  of  his  objection — not  that 
the  Legislature  might  do  so  hereafter,  but  that 
he  holies  they  may  never  be  able  to  do  it. 

Mr.  EAKL.     That  is  so. 

Mr.  JOHNSON.  Then  the  gentleman— I  say 
it  with  all  deference — was  rather  unfair  in  his 
argument.  He  now  discloses  the  whole  ground- 
work of  his  oi)position.  The  Legislature  can 
have  no  discretion  in  the  matter,  unless  we  in- 
corporate a  provision  in  this  instrument  giving 
them  sLich  discretion. 

m-.  BROSNAN.  I  will  not  detain  the  Con- 
vention long  on  this  sul)ject,  but  I  cannot,  cer- 
tainly, concur  in  the  doctrines  which  have  been 
asserted  by  tiie  gentleman  from  Ormsby  (Mr. 
Johnson.)  If  I  understand  him  correctly,  he 
has  just  said  that  if  this  section  were  omitttnl 
from  the  organic  law  of  the  State,  the  Legisla- 
tur(!  can  never  make  such  a  provision  after- 
wards. I  say  that  is  not  law,  neither  constitu- 
tional nor  statutory.  I  say  that  all  power  ex- 
ists in  the  Legislature  of  a  State,  except  so 
fur  as  the  same  is  limited  expressly  by  the  Con- 


4th  day.] 


RIGHT  OF  SUFFRAGE. 


115 


Tliursday.] 


Brosnax — Johnson. 


[July  7. 


stitution,  and  I  say  that  that  provision  is  ex- 
prt-ssly  within  the  powers  of  the  Legislature — 
that  the  subject  matter  thereia  is  a  proper  sub- 
ject of  legislation.  And  iiuisuiuch  as  it  ought 
not  to  be  in  tbis  Constitution,  and  might  well 
be  provided  for  by  an  act  of  the  Legislature, 
I  shall  vote  against  the  provision,  not  because 
I  am  opposed  to  the  payment  of  a  poll-tax,  but 
because  1  am  opposed  to  making  such  payment 
a  condition  of  the  right  of  Totlng.  For  my- 
self, as  my  friend  from  Ormsby,  (Mr.  Johnson,) 
has  stated,  I  opposed  It  in  the  last  Convention, 
with  such  feeble  opposition  as  I  could  bring  to 
bear  against  that  side  of  the  question,  and 
such  advocacy  as  I  could  give  to  the  side  I  had 
espoused.  I  shall  not  take  that  course  upon 
this  occasion.  My  views  were  then  given 
freely  and  at  length  ;  the  Convention  over- 
ruled my  objections,  and  I  found  no  fault  on 
that  account.  It  is  true,  however,  as  my  friend 
who  has  just  taken  his  seat  has  observed,  that 
they  did  subsecpieutlj'  modify  this  section,  out 
of  what  I  considered  as  a  disposition  to  be 
courteous  toward  me,  in  view  of  the  ellbrt  I 
had  made  to  prevent  the  incorporation  of  the 
language  originally  proposed.  They  did  alter 
the  last  paragraph  by  changing  the  word 
••  shall '"'  to  •■  ma}%''  making  it,  as  I  understood, 
and  as  ray  friend  has,  I  think,  correctly  ob- 
served, discretionary  with  the  Legislature,  in 
the  imposing  of  that  tax,  to  make  it  a  condi- 
tion ot  llie  right  of  voting. 

My  objection  is,  I  repeat,  that  it  is  a  matter 
subjf^ct  to  and  properly  within  the  sphere  of 
legislation,  and  no  man,  either  learned  or  ig- 
norant in  constitutional  or  statutory  law,  will, 
I  think,  venture  to  deny  that  proposition.  No 
man  can  successfully  maintain  that  it  is  not  a 
proper  subject  of  legislative  action  ;  and  that, 
tberefore,  it  is  here  supererogatory,  is  beyond 
question.  As  I  said  before,  all  inherent  powers 
of  legislation  belong  to  the  Legislature  of  the 
State,  except  so  far  as  they  may  be  limited  )jy 
orgmic  acts  or  constitutions — by  written  con- 
stitutions, if  the  State  is  governed  by  them,  as 
we  are  in  this  country.  In  other  words,  in  the 
language  of  old  writers  upon  government,  the 
Legislature  is  omnipotent.  We  have  merely 
limited  that  omnipotent  power,  in  the  United 
States,  by  our  written  constitutions,  Ijecause 
we  have  considered  it  necessary  to  put  a  re- 
striction upon  that  omnipotence.  I  shall  vote 
against  the  section,  Mr.  Chairman,  not  because 
I  am  opposed  to  a  poll-tax  ;  not  because  I  am 
opposed  to  the  payment  of  a  poll-tax  being 
m.vde  a  condition  precedent  to  the  right  of 
voting — although  I  would  myself  regret  to  see 
the  day  when  the  boon  of  the  elective  franchise 
should  be  bought  with  paltry  gold — not  because 
a  man  has  to  pay  four  dollars  for  the  privilege 
of  voting  merely,  but  because  it,  in  some  re- 
spects, denationalizes  a  man. 

Mr.  EARL  [in  his  seat].     That  is  so. 

Mr.  BROSNAN  [proceeding].  Because  it 
reduces  the  American  citizen  to  the  level  of 
the  man  who,  in  other  countries,  is  allowed  to 


vote  only  because  he  is  possessed  of  a  freehold 

estate  ;  because  it  is  not  putting  the  estimate 
upon  the  man  which  belongs  to  liim  as  a  muu. 
It  is  not  viewing  the  man  in  the  light  of  him 
who  said — 

"  Rank  is  but  the  guinea's  stamp; 

A  man  's  a  mau  for  a'  that." 

But  I  oppose  it  here  not  upon  that  ground 
particularly,  so  much  as  because  it  is  out  of 
place  in  the  Constitution  of  the  State. 

Mr.  JOHNSON.  I  should  not  have  arisen  to 
address  the  Committee  again  upon  this  subject, 
if  my  very  worthy  and  learned  friend  who  has 
just  taken  his  seat,  (Mr.  Brosnan,)  had  not 
deemed  it  proper  to  attack  the  legal  proposition 
which  I  had  enunciated  to  the  Committee.  Now 
let  us  see  how  the  matter  stands.  The  first  sec- 
tion of  this  article  as  it  has  already  in  Commit- 
tee been  adopted,  provides  as  follows: — 

Section  1.  Everj'  white  male  citizen  of  the  linited 
States  (not  laboring  under  the  disabilities  named  in 
this  Constitution,)  of  the  age  of  twenty-one  years  and 
iipwards,  who  shall  have  resided  in  the  State  six 
months,  and  in  the  district  or  county  thirty  days  neit 
preceding  any  election,  shaU  be  entitled  to  vote  for  all 
officers  that  now  are  or  hereafter  may  be  elected  by 
the  peoijle,  and  upon  all  qiiestions  submitted  to  the 
electors  at  such  election. 

That,  we  have  already  adopted.  I  assume  now, 
as  the  predicate  of  my  remarks,  that  the 
Convention  w,ll  ratify  what  the  Comntittee 
have  done  in  the  adoption  of  that  section. 
Then,  sir,  when  that  is  done,  and  when  this 
Section  i)  is  stricken  out,  am  I  to  be  told  that 
the  Legislature  still  has  the  power  to  im- 
pose the  payment  of  a  tax  as  the  prerequisite 
of  the  rightof  voting?  Is  that  the  gentleman's 
proposition  ? 

Mr.  BROSNAN.    Yes.  sir.  it  is. 

Mr.  JOHNSON.  Well,  sir,  I  differ  entirely 
with  the  gentleman,  and  I  now  submit  to  every 
lawyer  within  or  without  this  body,  and  to  every 
member  of  this  Committee,  whether  such  a  prop- 
osition is  not  most  preposterous?  When  the 
Constitution  h  is  declared  that  all  persons  pos- 
sessing certain  enumerated  qualifications  shall 
have  the  right  to  vote,  the  position  is  advanced 
Ihat  yet  it  is  within  the  province  of  the  Legis- 
lature to  declare  nevertheless  that  those  per- 
sons, if  they  have  not  paid  a  poll-tax,  shall  not 
have  the  right  to  vote.  The  proposition  reduces 
itself  simply  to  this:  that  the  Legislature,  by 
their  act.  may  override  what  is  expressed  la 
the  Constitution.  Now,  sir,  upon  more  occasions 
than  the  present,  have  these  propositions  been 
advanced.  In  the  Constitution  of  California — 
there  is  one  gentleman  on  this  floor  who.  I 
know,  is  a  little  nervous  on  the  subject  of  C;il- 
lifornia.  and  especially  California  decisions,  but 
this  being  a  political  as  well  as  a  legal  proposi- 
tion, we  may  not  inaptly  refer  to  that  State  for 
illustration  of  the  subject— in  the  State  of  Cal- 
ifornia, the  Constitution  of  that  State  pre- 
scribing certain  conditions  of  the  right  of 
voting,  time  and  time  again  has  been  discuss 'd 
within  the  legislative  halls  of  that  State  the  ne- 
cessity, and,  sir,  every  man  on  this  floor  who  has 


110 


RIGHT  OF  SUFFRx\.GE. 


[4th  day. 


Thursday.] 


Brosnax — Johnson— Eari.. 


[July 


ver  lived  ia  that  Stete  has  recognized  that  ne-  [ 
c.<snv.  if  it  could  be  done  under  that  Constitu- 
tion, of  enacting  l-.iws  which  would  more  se- 
ciirclv  protect  the  purity  of  the  Iwllot-box.  You. 
Mr.  Ohairniun.  have  had  occasion  to  recur  to 
vour  experience  and  observation  there.  And 
why  h:is  it  not  been  done  '  Not  because  the 
jjublic  pulse  did  not  beat  in  unison  with  that, 
d'.-iu.knd  ;  not  because  the  neces.«ity  of  i)rovis- 
it>us  of  this  character  was  not  recognized  :  but ' 
it  was  because  the  Constitution  had  laid  down 
ciriain  rules  and  conditions  regulating  the 
rii:ht  of  voting,  and  it  was  not  within  the  power 
of  the  Legislature  to  transcend  those  provisions 
prescribed  in  that  instrument.  These  are  some  j 
of  the  reasons,  sir.  why  California  has  passed 
through  many  ."icenes  of  peril  ;  why  California 
has.  in  earlier  years,  been  a  by-word  and  a  re- 
proach, in  respect  to  the  exercise  of  the  elective 
Iranchise.  Sir,  the  hands  of  the  legislative  de- 
]iartmeut  were  tied — were  securely  bound — by  ' 
the  jirovisioas  of  the  Constitution.  Now,  sir,  I 
I  do  not  propose  further  to  discuss  this  ques- ' 
tioa  :  I  am  content  to  submit  it,  as  a  legal' 
I>ropisition,  to  the  consideration  of  every  re-' 
tl'vting  mind  in  this  Convention.  And.  whilst; 
1  have  tlie  greatest  of  regard  and  appreciation. ' 
as  the  honorable  gentleman  from  Storey  full  t 
well  knows,  for  the  general  correctni^ss  of  his 
\k'\\n  upon  questions  of  constitutional  and  stat- 
utory construction,  yet.  sir.  I  must,  as  I  have 
gtatvd,  ditlcr  entirely  with  him  upon  this  prop- 
osition. 

But,  again,  I  would  not  leave  this  a  ques- 
tion of  doubt,  if  it  could  be  regarded  as  at  all 
doubtful.  I  propo.«e,  in  unmistakable  lan-j 
guaje,  to  vest  the  power  in  the  Legislatures 
which  are  to  come  after  us.  in  the  representa- 
tives of  the  people  in  the  legislative  department. 
of  incor|>ordting  in  our  statute  books  a  condi- 
tion of  tills  character.  I  cannot  foresee  any  of 
the  hardships  to  result  which  gentlemen  have 
aiiliciiiated.  My  friend  from  Storey.  (Mr.  E-.irl,) 
wh.j  is  opposed  to  this  system,  and  my  olher 
friend  from  Storey,  (Mr.  hrosnan.)  have  sug- 
gested evils  to  follow  sucii  action,  but  I  can  see 
none  of  those  evils.  Sir,  tho.se  who  would  most 
j)rate  about  the  i)altry  two  dollar  poll-tax— 
those  in  the  comnmnity  who  would  be  most 
likely  to  oppose  its  payment— are  generally  that 
cli«-vi  of  men  wlio  would  be  'ikely  to  spend  more 
in  a  day  for  rot-gut  whiski-y  than  would  sufiBce ' 
to  pay  the  wliole  of  their  tax. 

Mr.  BiiOS.NWN.  Will  the  gentleman  allow 
me  to  m.ike  an  inquiry,  which  is  merely  for  in- 
formation, and  that  is.  has  the  Legislature  of 
Ciilifornia  enacted  a  poll-lax  law  for  wliich 
Ihep;  is  no  jirovision  in  the  State  Constitution.  I 

Mr.  JUH.N'SON.  Yes.  sir;  they  have  a  poll- 
tax  law  :  but  the  Constitution  gives  the  Legis- 
lature the  jiower  to  impose  taxes,  and  thatj 
ne.jes-arily  involves  the  power  to  levy  a  poll- 
tax.  Th'.-  word  lax  is  used  in  the  Constitution 
w.ihout  fpecifying  wheth<r  it  shall  be  a  tax  on 
r'ully,  i)erMouulty,  or  what.  The  poll-tax  is 
levied  upon  every  male  person  of  a  certain  age ' 


within  the  borders  of  the  State.  But  the  prop- 
osition I  advanced  was  in  reference  to  this  latter 
clause,  this  matter  of  a  poll-tax  being  made  a 
pre-requisite  to  tlie  right  of  voting.  J  repeat 
that  when  wc  have  provided  in  tliis  instrument 
that  all  persons  possessing  particular  qualifica- 
tions shall  have  the  right  to  vote,  we  place  it 
beyond  the  power  of  the  first,  or  any  succeeding 
Legislature,  to  impose  any  additional  condi- 
tions upon  that  right.  And.  sir,  for  the  same 
reason  that  the  good  sense  of  this  Committee 
has  been  evinced  in  incorporating  here  a  pro- 
vision that  the  Legislature  shall  establish  a 
system  of  registration,  I  trust  we  shall  also 
incorporate  a  provision  giving  the  Legislature 
power,  in  its  discretion,  to  require  the  payment 
of  a  poll-tax.  as  a  pre-requisite  to  the  rigiit 
of  voting.  Why  was  not  this  objection  made 
in  reference  to  the  registration  clause  ?  If  the 
Legislature  had  the  power  to  act  in  reference 
to  this  matter  without  express  authority  con- 
ferred in  the  Constitution,  they  certainly 
would  have  the  power  to  provide  for  the  regis- 
tration of  voters.  But,  sir,  they  will  not  have 
the  power  in  either  case  unless  we  confer  it  iu 
this  Constitution,  and  the  reverse  of  that  prop- 
osition is  altogether  untenable. 

I  repeat  that,  if  we  are  to  establish  a  govern- 
ment here.  I  want  to  see  it  a  government  which 
will  sustain  itself.  I  want  every  portion  of 
the  community  to  contribute  to  its  support,  and 
especially  those  who  are  apt  to  complain  the 
most  about  taxes,  while  they  spend  their  money 
for  needless  and  vicious  purposes,  and  generally 
fail  to  pay  this  kind  (,f  a  tax,  when  they  can 
avoid  it.  I  am  willing  to  leave  the  power  dis- 
cretionary with  the  Legislature  to  enforce  the 
payni'mt  of  the  poll-tax  in  this  way.  I  want  my 
friend  fi'om  Storey.  (Mr.  Brosnan.)  and  my 
other  friend  from  Storey.  (Mr.  Earl.)  if  they 
represent  their  constituents  in  the  Legislature, 
to  be  at  liberty  to  exercise  such  discretion  as 
sliall  best  accord,  at  the  time,  with  the  wants 
and  circumstances  of  the  people  whom  they  rep- 
resent. I  want  those  who  represent  me  to  have 
the  power  of  exercising  this  discretion,  if  the 
public  exigencies  shall  demand  or  require  it. 
Whilst  I  think  wc  should  go  still  fnrtiier.  and 
make  it  imperative  upon  the  Legislature  to  im- 
pose the  payment  of  a  poll  tax  as  a  pre-requi- 
site to  the  right  of  voting,  I  am  not  willing  to 
fall  short  of  tlie  provision  as  it  stands  here, 
and  ileny  them  the  power  altogether. 

Mr.  E.\liL.  I  do  not  wish  to  be  unfair  in 
my  oppo<iiion,  nor  to  be  misunderstood.  The 
gentleman  from  Ormsby  maintained  that  if  this 
clause  were  stricken  out.  the  Legislature  never 
could  reach  sucli  a  provision,  and  my  answer 
to  tliat  was  that  I  hoped  to  God  they  never 
would  reach  it,  and  I  still  hope  so.  1  think  I 
should  not  be  doing  my  duty  to  my  constit- 
uents if  I  did  not  strenuously  oppose  this  pro- 
vision, although  I  may,  perhaps,  occupy  more 
of  the  time  of  the  Convention  than!  ought. 
It  is  a  uuitter  of  great  importance  to  the  peo- 
ple of  my  county,  though  it  may  not  be  in  this 


4tli  day.] 


RIGHT  OF  SUFFRAGE. 


117 


ThurscLay.] 


Fitch — Eari. — Kexnedt. 


[July  7. 


county,  which  the  gentleman,  (Mr.  Johnson,) 
has  the  honor  to  represent.  There  may  be  in 
this  county  none  of  that  class  who  Avould  be 
unable  to  pay  their  poll-taxes  ;  but,  as  I  said, 
there  are  at  least  two  hundred — yes,  sir,  I 
might  say  a  thousand — in  our  county,  as  good 
citizens  as  you  or  I,  or  any  other  man,  whom 
such  a  provision  would  disl'ranchise,  and  I,  for 
one,  never  can  consent  to  do  it.  If  I  did,  1 
could  not  go  home  with  a  clear  conscience. 

So  far  as  relates  to  the  Government  being 
self-sustaining,  let  it  be  sustained  otherwise 
than  by  robbing  the  poor  man  of  the  right  ol' 
franchise.  We  can  devise  other  and  better 
means  of  sustaining  our  Government. 

Now,  sir,  as  to  spending  money  foolishly  and 
unnecessarily,  I  do  not  know  but  I  do,  but  the 
remai'k  on  that  subject  reminds  me  of  that 
drunken  man  who  was  tottering  about  in  a 
bar-room,  proclaiming  that  every  man  around 
him  was  drunk,  for  the  reason  that  he  was 
looking  at  them  with  drunken  eyes.  I  do  not 
think  that  I  spend  much  money  unnecessarily  ; 
I  economise  at  all  times,  whether  money  is 
plentiful  with  me  or  otherwise.  I  have  seen 
the  time  when  I  had  plenty  of  money,  and  I 
have  also  seen  the  time  when  I  have  been 
without  the  four  dollars  which  would  be  re- 
quired to  pay  this  tax,  and  that  time  may  come 
again.  I  do  not  know  from  the  appearance  of 
the  times  but  it  may  be  near  at  hand  ;  but  if  it 
does  come,  I  hope  I  shall  stand  up  to  it  and  not 
shrink  from  any  responsibility. 

I  say,  let  the  revenue  which  is  to  make  our 
Government  self-sustaining  come  from  other 
sources.  I  have  in  my  mind  a  proposition 
which  I  think  will  tend  to  make  the  judiciary 
self-.sustaining.  and  I  will  submit  that  proposi- 
tion in  due  time.  At  all  events,  do  not  let  us 
make  a  property  qualification,  and  say  to 
every  immigrant,  to  every  man  who  comes  into 
our  State,  tliat  he  shall  not  vote  unless  he  has 
money  in  his  pockets.  I  know  of  many  men 
laboring  in  our  mines  who  to-day  could  not 
pa}"-  four  dollars  if  called  upon  —  not  only 
foreigners,  but  American  citizens,  plenty  of 
of  them.  Now,  sir,  if  we  are  going  to  dis- 
franchise a  man  for  poverty,  and  come  down 
to  a  property  qualilication.  I  prefer  that  the 
voter  shall  be  required  to  be  the  owner  of  a 
house,  as  in  England,  before  he  can  be  allowed 
to  vote  for  representatives. 

Gentlemen  say  it  will  not  be  a  hardship,  but 
I  hope  that  this  republican  free  Government 
will  never  stoop  to  anything  of  that  kind. 
Never  would  I  willingly  go  home  and  suffer 
such  a  clause  to  remain  iu  the  Constitution.  ] 
ask  if  it  would  not  work  a  hardship  upon  im- 
migrants, who.  when  they  arrive  here,  find 
employment  scarce  and  money  unheard  of,  hav- 
ing, from  some  mysterious  cause,  all  disap- 
peared ?  I  know  that  is  the  case  from  my 
own  experience,  though  there  may  be  other 
members  with  whom  it  is  more  plentiiul.  I  think 
there  is  a  statute  which  requires  that  every  man 
commencing  a  h^wsuit  shall  have  paid  his  taxes, 


and  I  think  the  statute  requires  an  exhibition  of 
the  poll-tax  receipt.  I  do  not  know  as  there 
is  much  olijection  to  that,  but  I  do  strenuously 
object  to  having  any  property  qualification  for 
the  right  of  voting  enter  into  this  Constitution. 

Mr.  FITCH.  I  would  like  to  ask  my  col- 
league a  question. 

Mr.  EARL.    Certainly. 

Mr.  FITCH.  If,  in  spite  of  the  gentleman's 
opposition,  this  provi-sion  should  go  in,  what 
does  he  propose  to  do  about  it  ? 

Mr.  EARL.  Well,  sir,  I  could  only  regret  to 
see  it  there.  I  should  be  sorry  for  it,  though  it 
is  true  I  would  not  be  likely  to  emigrate  in  or- 
to  avoid  living  under  such  a  Constitution.  I 
do  not  wish  to  be  responsible  for  such  a  pro- 
vision as  this.  I  shall  not  vote  against  the 
Constitution  on  that  account,  if  itis  put  in, 
but  I  am  satisfied  that  many  will  vote  against 
it  at  the  election,  and  I  raise  my  voice  against 
placing  any  such  clause  in  the  Constitution.  I 
think  it  will  work  a  hardship,  by  disfranchising 
the  poor  man. 

Mr.  KENNEDY.  I  do  not  wish  to  detain  the 
Committee  at  all.  but  I  would  like  to  have  an 
opportunity  to  define  my  position  upon  this 
question,  for,  strange  to  say,  the  gentleman 
from  Ormsby,  (Mr.  JohnsonJ  and  myself,  for 
once,  agree  in  every  particular.  In  regard  to 
this  section,  I,  like  him,  would  prefer  to  see  this 
word  ••  may  ''  changed  to  "  shall  ";  and  if  any 
stronger  terra  could  be  used,  I  would  like  to 
use  that  stronger  term.  I,  perhaps,  have  not  a 
right  to  state  my  experience  in  opposition  to 
that  of  the  other  members  of  this  Convention, 
being  its  youngest  member,  but  in  answer  to 
the  gentleman  from  Storey  who  last  spoke, 
(Mr  Earl,)  who  I  know  has  not  had  the  ex- 
perience, even  in  this  Territory,  that  I  have 
had  upon  this  subject,  I  will  say  this  — that  I 
know  who  it  is,  in  our  section  of  country  at 
least,  who  complain  of  this  poll-tax.  It  is  not 
your  poor  miner,  for  they  have  always  come  up 
nobly  and  contributed  to  that  other  poll-tax 
which  has  been  devoted  to  the  noblest  of  all 
uses,  the  relief  of  the  sick  and  wounded  sol- 
diers in  our  army.  It  is  not  those  men  \\ho 
object  to  paying  two  or  four  dollars  a  year,  but 
it  is  your  meu  who  have  plenty  of  funds,  whose 
treasuries  are  overflowing.  They  are  the  men 
wl]o,  in  order  to  throw  some  impediment  in  the 
way  of  our  Government,  have  invariably  com- 
plained of  and  refused  to  pay  this  loyal  tax.  I 
tell  you.  there  is  not  an  honest  miner  in  this 
whole  country  who  will  refuse  to  pay  his  two 
dollars.  Gentlemen  have  spoken  about  this 
amount  of  four  dollars,  ignoring  the  fact  that 
that  is  the  limit,  and  that  the  Legislature  may 
fix  the  lax  anywhere  from  two  to  four  dollars. 
Those  are  the  limits.  I  tell  ynu,  it  is  not  your 
honest  laboring  man  who  will  refuse  to  come 
up  and  contribute  to  this  fund  for  the  support 
of  the  Government,  and  if  gentlemen  wish  to 
make  this  an  economical  and  self-sustaining 
Government,  this  is  one  of  the  best  provisions 
for  doing  it  which  they  will  find  contained  in 


lis 


RIGHT  OF  SUFFRAGE. 


[4th  day. 


Thursilay.] 


NOURSE— MURDOCK. 


[July 


ti  is  whole  Constitution.  Let  every  man  feel 
xh;it  his  right  of  .-ulfra^e  l.s  somotliiaji-  worth 
jiayiiig  for,  even  if  it  is  the  paltry  sum  of  two 
dollars. 

Why,  sir.  what  has  been  the  result  of  this 
])ulicy  in  other  States?  I  came  from  a  State 
vht-re  a  law  of  this  kind  has  been  in  operation 
since  long  before  you  and  I  were  born— the  old 
State  of  I'enusylvania.  There  you  always  liad 
to  pav  your  judl-tux  before  you  were  entitl'  d 
to  vote.  Is  there  any  complaint  made  there? 
If  there  were  any  man  so  poor  that  he  could 
i:ot  attbrd  to  pay  the  tax.  there  were  always 
]ilcnty  of  politicians  to  pay  it  for  him  t(Mi  days 
before  the  election,  so  that  he  .should  be  re- 
corded as  a  voter.  The  poor  man  felt  it  no 
incoaveuience,  and  was  still  able  to  vote  for 
whom  he  pleased,  and  at  the  same  time  the 
Government  derived  a  benefit  from  it. 

Now,  sir,  this  section  provides  that  one-half 
of  the  amount  of  the  receipts  of  this  tax  shall 
go  to'  pay  the  expenses  of  the  State  Govern- 
ment, and  the  other  half  lor  the  benefit  of  the 
cuuiily  ;  and,  Mr.  Chairman,  if  you  pass  that 
inta.-ure.  your  taxes  will  be  so  reduced  that  there 
tan  no  longer  be  any  dispute  among  the  voters 
of  Nevada  Territory  as  to  our  capability  of  sus- 
taining our  own  Governun.'ut.  And  I  contend 
tliat  it  is  no  hardship.  The  gentleman  fiom Sto- 
r>'y.  (Mr.  Karl.)  says  he  may  not  be  able  to  pay 
ii.  but  I  think  he  is  able  to  pay  fifty  dollars  where 
I  am  able  to  pay  one,  and  I  am  willing  that 
that  should  go  into  the  record  against  me  ;  ami, 
if  I  cannot  raise  the  two  or  four  dollars,  which- 
ever it  may  be,  then  I  am  willing  to  be  dei)rived 
of  my  right  of  sntlVage,  although  I  probably 
think  as  much  of  it  as  any  other  man  upon  this 
floor,  ill  have  not  the  money  I  shall  go  to  work 
by  the  day,  if  necessary,  or  take  any  other  hon- 
orable means  to  obtain  it.  in  ord'r  to  secure  my 
right  of  suffrage.  And  I  think  it  will  be  so 
with  every  young  man  in  this  State.  I  know 
of  no  persons  who  would  be  unwilling  to  pay 
the  tax,  unless  it  be  those  per.sons  who  are 
alio:;i-tlier  opposeil  to  our  State  Government. 
The  opposition  to  this  feature  comes  from  them, 
and  I  know  it,  because  I  discussed  this  question 
list  fall  in  our  county,  and  1  know  what  the 
feeiitig  is  there.  I  expressed  myself  freely,  as 
I  always  do.  and  I  found  that  the  only  men  who 
opposed  this  feature  in  the  Constitution  were  the 
men  who  opposed  the  State  Government  en- 
tirijy.  and  for  no  other  reason  in  the  world 
than  bi-cause  tliey  were  unwilling  to  a.ssist  the 
I'ederal  (iov(  lament. 

Mr.  .NOIRSK.  I  listened  with  a  great  deal 
of  pleasure  to  the  remarks  of  my  friend  from 
Storey,  (Mr.  Karl),  although  I  thongiit  him  on 
the  wrong  .side  of  the  fiuestion.  On  one  point, 
in  the  lieut  of  his  di'sire  to  carry  his  point.  I 
think  he  has  certainly  been  a  litib;  disingiju- 
UOU-.  mid  not  (piite  fair  ;  though,  of  course,  the 
g'-ntlernan  did  not  intend  it.  His  argumenirt, 
t!ioiigii  very  able,  do  ntjt  .seem  to  me  to  lie  ol'  a 
character  well  calculated  to  get  at  the  truth  in 
regard  to  this  matter.    It  seems  to  mj  thut  he 


did  not  present  this  point  in  its  proper  light  : 
it  is  not  that  we  seek  to  sell  this  privilege  of 
voting  ;  wiih  all  respect  to  the  gentleman,  that 
is  not  so.  The  point  is  this  :  here  this  Govern- 
ment protects  the  persons  and  property  of  all 
that  live  under  it.  It  protects  persons  no  Ic-^s 
than  property.  Property  is  taxed  without  ob- 
jection to  pay  for  that  protection.  The  tax 
upon  that  property  can  be  collected  and  se- 
cured, for  the  property  is  there  to  ansv/er  the 
demand  upon  it.  Then  the  person  is  taxed  for 
the  protection  that  Government  gives  to  the 
person,  but  that  we  cannot  collect  with  cer- 
tainty. We  cannot  sell  the  person.  How, 
then,  shall  we  secure  the  tax  ?  We  fay  that 
Governnrent  having  performed  its  duty  to  the 
person,  having  given  the  protection  of  its  laws, 
all  the  time,  to  the  man,  and  he  having  neg- 
lected or  refused  to  do  his  duty  in  return,  to 
perform  his  part  of  the  contract,  he  shall  not 
be  allowed  to  take  part  in  our  elections,  in 
forming  our  government  or  electing  otiicers  to 
cary  it  on,  until  he  docs  perform  his  part  of  the 
contract.  There  is  no  sale  of  the  right  of  vot- 
ing about  it,  but  the  man  owes  so  much  to  the 
Government  ;  every  man  owes  it,  whatever  his 
proportion  may  be  ;  and  we  compel  him  to  pay 
it  under  the  penalty  of  forfeiting  his  share  in 
the  Governiuent.  We  call  it  a  poll-tax,  and  it 
is  only  from  two  to  four  dollars  a  year,  as  I 
said  before — merely  one  day's  work  at  the  out- 
side. 

Now  the  gentleman  froiu  Storey  makes  the 
broad  assertion  that  there  are  thousands  in  Vir- 
ginia City,  or  in  Storey  Couny,  who  cannot  pay 
that  amount  ;  but  I  am  yet  of  the  opinion  that, 
except  in  a  very  few  exceptional  cases — cases  of 
sickness  or  something  of  that  sort — there  will 
be  found  no  person,  or  no  considerable  number 
of  persons,  at  least,  in  this  Territory,  who  can- 
not in  the  course  of  a  year,  without  any  trouble, 
if  he  be  industrious  and  temperate,  lay  aside  this 
amount  without  any  difficulty.  We  say  to  every 
person  that  he  can  and  nmst  do  this.  There 
may  be  some  exceptions,  but  they  only  serve 
to  i)rove  the  rule.  We  sny  to  every  man,  it  is 
your  duty  to  do  this,  and  if  you  do  not  comply 
with  this  obligation  to  your  Governmiuit,  you 
shall  have  ntj  share  in  the  election  of  the  offi- 
cers of  that  Government.  Now,  is  not  that 
fair?  and  does  that  savor  of  property  qualifica- 
tion? 

Mr,  MURDOCK.  I  trust  the  committee  will 
indulge  me  in  making  a  few  remarks.  I  am 
not  aecustomed  to  speaking,  but  I  feel  that  I 
could  not  return  to  my  constituents  with  a 
good  face  without  expressing  the  reasons  why 
I  am  going  to  vote  no  on  this  occcasion.  In 
the  first  place,  I  can  see  nothing  in  this  provision 
short  of  a  property  qualification  for  tlie  voter. 
We  have  in  the  first  place  said,  tliat  every  white 
male  citizen  shall  be  allowed  to  vote".  Now 
shall  we  turn  around  and  say  that  if  he  hap- 
pens to  l(e  so  unfortunate  as  not  to  have  one, 
two,  three,  or  four  dollars,  he  shall  not  vote? 
The  principle  is  the  same — I  do  not  care  for 


4th  day.] 


RIGHT  OF  SUFFRAGE. 


119 


Thursday,] 


KeXXEDY — MURDOCK — EaRL — LOCKWOOD. 


[July  7. 


the  amount  a  picayune — it  is  the  principle  I 
contend  for.  I  say  it  will  impose  a  hardship 
in  the  county  I  come  from.  Tbougjh  I  happen 
to  be  the  only  one  from  that  county,  yet  I  rep- 
resent more  territory,  and  more  sage-brush 
than  half  a  dozen  of  these  gentlemen  who  rep- 
resent one  county.  I  represent  a  great  extent 
of  our  territory,  a  large  amount  of  sage-brush, 
and  very  few,  and  very  poor  men.  My  constit- 
uents are  digging  and  delving  in  the  ground, 
prospecting  and  trying  to  develope  the  mines. 
They  pay  their  poll-tax,  and  I  am  willing  the 
Legislature  should  impose  upon  them  a  poll-tax 
of  two.  four  or  six  dollars,  if  they  wish,  and 
they  will  pay  it.  They  may  make  it  as  string- 
ent as  tliey  please,  and  tliey  will  take  their 
coats  otf  and  earn  it.  But  for  God's  sake  do 
not  say  they  shall  not  vote  if  they  cannot  raise 
the  money.  Now,  gentlemen,  would  you  not 
be  ashamed  to  say  to  an  old  man  like  me,  who 
should  step  up  to  the  polls  to  vote,  that  he  was 
disf'rancliised  because  he  was  minus  four  dol- 
lars? I  would  not  mind  it,  perhaps,  but  that 
is  not  it ;  it  is  the  principle. 

In  my  native  State  of  New  York,  they  once  had 
a  provision  that  every  voter  must  be  a  house- 
holder to  the  tune  of  two  hundred  and  fifty 
dollars,  lint  that  provision  became  obnoxious, 
and  tliey  aljolished  it.  What  are  you  doing 
here  but  the  same  thing?  Now  the  gentleman 
from  Ormsby  says,  that  if  you  leave  this  out, 
the  Legislature  would  have  no  power  to  make 
the  poll-tax  a  condition.  Well,  I  hope  to  God 
they  will  have  no  power.  That  is  what  I  stand 
here  to  prevent.  I  should  go  back  with  sharae- 
faccdness  to  my  constituents,  if  I  did  not  stand 
up  here  and  oppose  a  property  qualification  for 
the  voter. 

Mr.  KENNEDY.  I  desire  to  ask  the  gentle- 
man a  question.  How  much  is  Churchill  Coun- 
ty paying  in  the  way  of  poll-taxes  now?  Did 
it  pay  fifty  dollars  last  vear  ? 

Mr.  MURDOCK.  I  cannot  answer  that.  I 
was  there  last  year  myself,  but  I  was  not  the 
collector.  I  know  that  some  of  them  paid,  and 
I  know  that  this  year  they  are  paying  the  poll- 
tax  readily,  and  they  are  willing  to  pay  it.  I 
know  they  are  generally  disposed  to  pay  their 
fixes,  and,  if  they  are  not,  I  object  to  their 
being  swindled  out  of  their  right  to  vote.  Our 
county  is  as  loyal,  I  believe,  as  any  county, 
and  I  want  every  man  in  it  to  vote.  You  may 
make  your  law  as  stringent  as  you  please ;  j^ou 
may  stop  men  in  the  roads  and  pull  oft'  their 
coats,  and  pull  off  their  boots,  to  pay  the  tax. 
but,  for  God's  sake,  do  not  deprive  them  of  the 
right  of  voting.  Those  are  my  views.  It  is 
the  principle,  and  not  the  four  dollars,  that  I 
am  after,  though  I  may  not  myself  lie  able  to 
pay  it.  and  do  not  know  that  I  will. 

Mr.  LOCKWOOD.  In  Ormsby  County,  at 
the  present  time,  I  am  informed  that  the  poll- 
tax  hardly  pays  for  collecting.  Now,  sir,  I 
take  it  that  no  man  in  this  Convention  is  trying 
to  disfranchise  anybody.  The  only  question. 
to  my  mind,  is,  is  it  necessary  to  collect  a  poll- 


tax?  and  if  it  is  necessary,  we  propose  to  adopt 
the  most  efficient  means  Now  this  bugbear, 
that  any  man  that  is  a  man,  and  ought  to  be 
entitled  to  the  right  of  sufl'rage,  cannot  raise 
the  paltry  sum  of  two  dollars,  seems  to  me  like 
nonsense.  I  undertake  to  say  that  the  sum  of 
two  dollars  would  not  weigh  as  much  as  a 
feather  in  the  mind  of  any  man  in  the  whole 
Territory  of  Nevada,  and  I  believe  there  are  few- 
men  in  the  Territory  who  did  not,  during  the 
last  year,  spend  more  than  two  dollars  for 
whiskey.  Why,  sir.  I  have  no  doubt  that  a  ma- 
jority of  men  in  this  Territory  have  paid  out, 
at  the  very  l^-ast,  from  twelve  to  twenty-five 
dollars  a  year  in  that  way.  Now,  sir.  the 
man  who  has  not  the  energy,  if  he  is  allo\ved  a 
whole  year  to  do  it,  to  raise  two  dollars  to  pay 
his  poll-tax.  ought  not,  in  my  opinion,  to  be 
allowed  to  vote. 

Mr.  EARL.  Will  the  gentleman  allow  me  to 
ask  him  a  question  ? 

Mr.  LOCKWOOD.    Yes.  sir. 

Mr.  EARL.  I  want  to  know  if  you  make  it 
four  dollars,  or,  if  you  please,  you  make  it  a 
horse,  and  demand  the  four  dollars  or  the  horse 
for  the  poll-tax,  which  is  it  that  votes — the  four 
dollars,  the  horse,  or  the  man? 

Mr.  LOCKWOOD.  Really.  I  do  not  under- 
stand that  there  is  any  question  about  it.  I 
was  not  talking  about  horses  voting.  I  was 
talking  about  collecting  a  poll-tax  of  two  dol- 
lars, and  (he  most  efficient  way  to  do  it.  One 
half  of  this  tax,  in  our  county,  goes  to  sup- 
port the  hospital,  but  we  have  got  no  hospital 
yet,  and  the  fact  is.  that  the  tax  is  not  colh  cted. 
iSTow,  I  arrived  in  California  without  anything, 
and  I  have  held  my  own  pretty  well  for  ten 
years,  but  I  always  paid  my  taxes  ;  somehow, 
they  always  found  me.  [Merriment].  How 
does  it  work?  AVhy.  you  go  to  ask  a  man  for 
his  tax  one  day,  and  he  tells  you  he  has  got 
no  mnupy.  and  you  must  come  some  other 
day.  They  all  say  that.  Well,  you  visit  him 
three  or  four  times,  and  charge  the  county 
ten  dollars  for  it.  while  you  only  collect  two 
or  three  dollars.  I  think  this  provision  will 
secure  the  payment  of  the  tax,  and  I  think  it  is 
just  and  ample.  To  hear  gentlemen  talk  here, 
one  would  think  that  the  poll-tax  was  sorne- 
thing  new.  or  something  preposterous :  while 
in  fact  it  has  been  in  force  ever  since  we  have 
had  a  government  of  any  kind.  I  hope  the 
amendment  will  be  rejected,  and  the  section 
pass,  exactly  as  it  is. 

Mr.  KENNEDY.  I  wish  to  make  one  .state- 
ment in  regard  to  the  speech  of  the  gentleman 
from  Churchill.  (Mr.  Murdock.)  as  I  am  a  little 
acquainted  with  the  finances  of  his  county.  I 
know  that  that  county,  in  connection  with 
Lyon,  ran  in  debt,  the  first  year  of  our  organi- 
zation, five  thousand  dollars,  and  Churchill 
County,  since  that  time,  has  not  paid  fifty  dol- 
lars in  poll-taxes,  and.  I  believe,  never  will. 

Mr.  MURDOCK.  I  have  lived  there  some 
time,  and  I  happen  to  know  something  about 
that.    They  do  pay  their  poll-tax  now,  in  pro- 


120 


RIGHT  OF  SUFFRAGE. 


[4tli  day. 


Thursday.]         Mi-kdock— DeLoxg — Hovet— Sabl— Brosxan— Nourse — Hawlet.         [July  7. 


portion  to  the  number  of  inhabitants,  and  the 
amount  tbey  have  paiil  will  come  to  much  more 
than  that,  accordiup:  to  the  records.  I  think 
they  have  paid  as  much,  if  not  more,  than  the 
county  which  tliey  were  so  unfortunately  at- 
tadied  to.  and  (hey  will  have  no  more  dolin- 
ijueut!?.  in  proportion  to  their  population,  than 
that  county  will. 

Mr.  KENWICnV.    During  last  year  ? 

Mr.  .Ml'KDOi'K.  Yes,  during  last  year. 
Now.  then.  I  wish  to  say  .something  to  the  gen- 
tleman who  was  last  up,  (Mr.  Lockwood.)  wiio 
spoke  al)0ut  poll-taxe.s  as  not  being  new  and 
unheard-of.  Everybody  knows  that  poll-taxes 
have  been  collected,  and  it  is  not  so  terrible  a 
thing  to  collect  them  as  some  gentlemen  sup- 
)>ose  ;  people  grumble  a  good  deal,  but  tbey  pay. 
I  have  done  some  of  that  collecting  business  in 
California,  and  1  know  it  is  not  a  hard  thing  to 
collect  poll-taxes:.  Another  reason  why  I  am 
opposed  to  this  section  would  be  this :  A  man 
being  a  little  short,  and  unable  to  rai.«!e  four 
dollars,  politicians  would  liover  around  him. 
and  try  to  get  him  to  go  for  Whafs-his-name, 
for  .SherilT.  on  condition  that  they  would  pay 
his  poll-tax.  I  know  that  some  men,  for  the 
privil.'ge  of  voting,  would  be  willing  to  vote 
for  the  devil,  for  high-priest  [laughter],  and  so. 
for  the  privilege  of  voting,  they  would  sell 
their  votes  to  politicians.  I  do  not  want  that 
class  of  men  to  have  anything  to  do  with  it. 

Mr.  DeLOXG.  I  would  like  to  inquire  of 
the  gentleman,  if  that  illustrative  remark  ap- 
plies to  Churchill  County. 

Mr.  MUIiDOCK.  No,  sir;  not  particularly. 
I  know  tliat  tlie  poll-tax  is  no  new  thing,  but 
the  idea  of  making  it  a  condition  of  voting  is 
what  I  object  to.  I  would  as  soon  a  man  should 
say  to  me,  ••  y.iu  shan't  vote  unless  you  own  a 
pair  of  good  horses,"  as  to  say.  "  you  shan't 
vote  uuless  you  have  got  four  dollars."  If  you 
can  make  it  four  dollars  now.  when  the  times 
are  easy  you  might  put  it  up  to  twenty-five  or 
fifty  d.)llars,  and  so  make  more  money  by  it. 
In  thiit  way.  by  making  it  a  condition  of  vot- 
ing, we  would  have  a  rich  Stale  here  presently.  1 
but  I  do  not  want  a  rich  State  on  any  such  ; 
terms.     It  is  (lie  principle  that  I  go  for.  1 

Mr.  UeLONG.  I  wish  to  ask  if  there  are ' 
going  to  lie  many  candidat-s  for  office  in  case 
this  Constitution  is  adopted,  because  if  iren- 
tlemen  are  themselves  going  to  be  e;uidiilates. 
they  had  better  vote  against  it.  or  all  the  l,iun- 
ni.T<  will  l)e  after  (hem  to  pay  their  poll-ta.\es 

Th.-  CIlAlllNf AN.  The  r'hair  would  suggest 
that,  in  his  opinion,  there  is  no  gentleman  in 
thi'  Convention  better  f|nalilie(l  to  answer  Ijiat 
qu'^-tion  than  the  gentleman  from  Storey  him- 
fcelf.     [Laughter.]  •' 

Mr.  DkF.ONG.  I  accept  the  explanation. 
But  in  all  si-rictUHness.  I  would  say  to  those  who 
int^'Md  to  be  candidates,  that  tliev  had  better 
vo(e  a-,iinst  this  whole  section.  "  I  ho])e  (hat 
gentl.-men  will  vote  for  this  amendment,  how- 
ever, so  that  if  th.;  section  is  not  stricken  out, 
it  may  at  least  be  improved. 


The  question  was  taken  on  the  amendment 
offered  by  Mr.  Banks,  to  insert  after  the  word 
'•  may,"  the  words,  "in  their  di.scretion,"  audit 
was  agreed  to. 

Mr.  IIOVEY.  I  move  to  amend,  by  striking 
out  the  words  "  of  the  age  of  twenty-one  years 
or  upwards,"  and  inserting  instead  the  words 
"  between  the  ages  of  twenty-one  and  sixty 
years,"  so  that  the  section  would  read  : — 

Sec.  9.  The  Legislature  shall  provide  by  law  for  the 
paynieut  of  an  animal  pt>ll-tax  of  not  less  than  two  nor 
exceeding  four  dollars  from  each  male  person  residtait 
in  the  State,  betwi  en  the  at,'es  of  twenty-one  and  sixty 
years,  one-half  to  be  applied  for  State  and  one-half  for 
county  purposes;  and  the  Legislature  may  make  such 
payment  a  condition  to  the  right  of  voting. 

Mr.  EARL.  I  shall  vote  for  this  amendment, 
because  I  want  to  make  it  as  little  olnioxious 
as  possilde  ;  but  I  hope  the  section  will  not  be 
adopted. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

Mr.  DeLONG.  I  move  to  amend  the  section 
by  inserting  after  the  word  "ispwards,"  or 
rather  after  the  words  "  sixty  year.*,-'  as  now 
amended,  the  words  "Indians  excepted." 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

The  question  was  then  taken  on  the  motion 
of  Mr.  Earl,  to  strike  out  the  entire  section, 
and  it  was  not  agreed  to. 

Mr.  BROSNAISr.  I  propose  to  amend  the 
section  by  striking  out  the  words,  "  one  half  to 
be  applied  for  State,  and  one  half  for  county 
purposes,"  and  inserting  in  lieu  thereof,  the 
words,  '•  to  be  devoted  to  the  support  of  com- 
mon schools." 

Mr.  NOURSE.  Then  we  lo.se  every  dollar 
for  county  revenue.  If  this  poll-tax  is  taken 
from  general  purposes,  and  applied  to  schools, 
we  certainly  shall  be  short  in  our  county 
finances.  I  think  we  should  be  just  before  we 
are  generous,  and  provide  the  means  for  the 
payment  of  our  county  expenses,  which  must 
be  met  liefore  we  go  to  giving  away  money  to 
the  schools. 

Mr.  IIAWLEY.  As  superintendent  of  pub- 
lic schools  in  the  county  I  live  in,  I  have  had 
occasion  to  examine  very  closely  the  general 
condition  of  the  .school  fund,  and  the  approxi- 
mate amount,  at  least,  likely  to  be  realized 
from  the  taxes  which  will  be  devoted  to  the 
purposes  of  education  during  the  next  year.  So 
far  as  my  own  county  is  concerned,  I  am  satis- 
fied tliat  ample  provision  is  made  by  the  enact- 
ments already  on  the  statute  book,  to  meet 
all  the  necessary  and  ordinary  expenses,  and  to 
leave,  proliably.  a  surjilus  over  and  above  those 
•'xpenses.  And  in  conversations  I  have  had  with 
the  SujH'rintendent  of  Puldic  Instruction  for 
the  Territory.  I  have  been  led  to  believe  that 
the  common  school  system  will  derive  from  the 
present  system  of  taxation— which  will  proba- 
bly be  continued,  if  we  become  a  State,  until 
(he  Legislature  shall  see  fit  to  remodel  it — a 
sufficient  amount  of  revenue  to  meet  all  neces- 
sary and  ordinary  expenses  in  all  the  other 


4th  day.] 


RIGHT  OF  SUFFRAGE. 


121 


Thursday,] 


Eakl — Chapix — Bkosxax — Ckosman — Hawley. 


[July  7. 


counties  in  the  Territory  or  State.  I,  sir, 
would  not  probably  be  a  member  of  this  Con- 
ventiou  it'  it  had  not  been  for  the  earnest  desire 
in  my  county,  that  some  man  from  that  county 
should  be  sent  here,  who  would  take  a  peculiar 
interest  in  the  subject  of  education.  I  came 
here  for  the  purpose,  more  particularly,  of  pay- 
ing special  attention  to  that  subject,  more  than 
to  any  other  that  may  come  before  us.  I  will 
state,  that  in  my  opinion,  the  position  taken  by 
the  gentleman  from  Washoe,  (Mr.  Nonrse),  is 
correct,  that  the  new  State  will  need  all  the  rev- 
enue derivable  from  all  sources  in  the  way  of 
taxation,  to  enable  it  to  carry  on  the  functions 
of  government  without  embarrassment ;  and 
therefore  I  hope  that  the  amendment  of  the 
gentleman  from  Storey  will  not  prevail,  but 
that  the  funds  to  be  derived  from  the  poll-tax- 
will  be  applied  in  the  manner  originally  pro- 
posed by  the  section  under  consideration,  as 
adopted  by  the  former  Convention,  whose  labors 
we  have  lakeu  as  the  basis  of  our  action. 

Mr.  EARL.  I  shall  vote  for  the  amendment, 
and  I  hope  it  will  pass.  It  is  true,  the  gentle- 
man from  Douglas,  (Mr.  Hawh/y.)  seems  to 
think  they  will  obtain  all  that  bj  necessary  to 
maintain  the  schools  under  the  pi'esent  system, 
and  the  gentleman  from  Washoe,  (Mr.  Nourse.) 
is  of  the  same  opinion.  I  think  it  is  very  likely 
that  that  is  true  in  our  agricullural  counties, 
but  we  have  a  very  heavy  population  in  our 
county,  and  a  great  many  children  to  take  care 
of,  and  I  submit  to  this  Convention  whether  we 
should  not  prepare  ourselves  for  the  education 
of  those  children.  Are  we  to  let  them  grow 
up  without  education?  I  have  seen  and  felt 
the  want  of  education  myself,  and  I  hope  we 
shall  have  a  large  and  liberal  fund  for  educa- 
tional ))urposes. 

Mr.  CHAPIN.  I  beg  leave  to  say  only  a  few 
words  on  this  subject.  I  should  regret  very 
much  to  have  the  amendment  offered  by  my 
frieud  and  colleague  adopted.  Not  but  what  1 
feel  as  deep  an  interest  as  any  man  in  the  wel- 
fare of  common  schools.  But  if  gentlemen 
peruse  this  document — the  old  Constitution — 
through,  tbey  will  see  that  the  most  ample  pro- 
visions have  been  made  for  common  schools, 
lu  regard  to  Storey  County,  I  will  say  that 
that  county,  at  this  time,  needs  money  more 
for  hospital  and  other  purposes  than  she 
does  for  common  schools.  And  it  is  the 
same  \a  this  county,  and  every  other  county. 
They  need  it  for  county  purposes,  and  I  do  hope 
my  colleague  will  withdraw  his  amendment 
The  State  will  need  her  share.  The  tax  will 
raise  a  handsome  fund.  If  we  have  14,000 
voters,  as  we  probaljly  shall  have,  a  tax  of  two 
dollars  apiece  will  raise  §28.000  ;  or,  if  the 
Legislature  fixes  it  at  four  dollars,  it  will 
amount  to  $50,000.  That  will  be  a  very  ma- 
terial aid  in  the  .support  of  our  new  State  Gov- 
ernment, and  lor  the  payment  of  the  necessary 
expenses  of  the  counties.  I  do  hope  that  the 
section  will  remain  as  it  is. 

Mr.  BROSNAN.    My  friend  and  colleague, 


(Mr.  Chapin.)  refers  to  the  ample  provision 
which  has  been  already  made,  in  that  Constitu- 
tion which  has  not  been  adopted  by  the  people 
of  this  Territory,  for  our  common  schools.  I 
would  remind  the  gentleman  of  the  fact,  and 
that  is  one  of  the  reasons  why  I  offered  the 
amendment,  that  by  the  Enabling  Act  a  large 
portion  of  the  fund  upon  which  we  then 
calculated  for  public  schools,  is  diverted  from 
that  channel — that  is  to  say,  the  percentage 
derived  from  the  sales  of  public  lands.  By 
the  terms  of  the  Enabling  Act  we  cannot 
devot"  that  percentage  to  the  common  schools, 
and  therefore  we  are  divested  of  that  item 
so  far  as  relates  to  educational  purposes, 
being  constrained  by  the  Enalding  Act  to 
devote  it  to  other  purposes.  That  is  accord- 
ing to  my  construction  ot  the  Act,  and  that 
is  one  of  the  reasons  why  I  have  moved  this 
amendment. 

I  am  sorry  to  say,  Mr.  Chairman,  that  I  can- 
not entirely  agree  with  the  gentleman  from 
Douglas  who  has  just  spoken,  (Mr.  Hawley.)  in 
regard  to  the  prosperous  condition  of  our  com- 
mon schools.  If  I  am  correctly  informed  by 
the  State  Superintendent,  there  is  great  need 
of  funds  for  building  school  houses.  I  am  in- 
formed that  even  in  Douglas  County  a  man 
might  thrust  his  hands  between  the  planks  or 
boards  which  cover  the  school  house  there,  and, 
if  that  be  the  case.  I  can  think  of  no  more 
sacred  use  to  which  this  fund  derived  from  the 
poll-tax  can  be  put,  than  to  the  building  and  re- 
pairing of  school  houses  for  the  improvement 
of  the  rising  genei'ation. 

Mr.  CROSMAN.  Like  other  gentlemen  who 
have  spoken  on  this  subject,  I  am  willing  to  do 
what  we  can  for  the  common  schools,  to  nourish 
them  and  aid  tliem  ;  but  I  hope  all  tlie  friends 
of  this  section  will  vote  against  this  amend- 
ment, because  it  is  not  a  friendly  move  towards 
the  section.  This  money  will  be  more  needed 
for  the  purposes  of  the  State  and  county  gov- 
ernments tlian  for  the  schools. 

Mr.  HAWLEY.  I  rise  for  the  purpose  of 
explair.ing  a  statement  which  appears  to  have 
been  made  by  th''  Superintendent  of  Public  In- 
struction of  this  Territory,  in  relation  to  a 
school  house  in  Douglas  County.  It  is  very 
probable  that  when  he  was  there  he  found  the 
school  houses  in  a  very  dilapidated  condition. 
But  since  he  has  been  there,  in  the  extreme 
.southern  district  of  the  county,  they  have  built 
a  frame  school  house,  at  a  cost  of  five  or  six 
hundred  dollars,  and  it  is  now  completed  and 
will  be  hard-finished.  In  the  Genoa  precinct, 
a  brick  school-house,  to  cost  about  $2000,  is 
building.  It  will  be  ready  for  occupancy  in 
January,  and  only  four  hundred  dollars  remain 
unpaid  of  the  entire  cost.  Twelve  hundred 
dollars  were  raised  by  private  subscription.  In 
the  extreme  northern  district,  thej  have  raised 
two  hundred  dollars,  and  preparation  has  been 
made  to  expend  it  for  repairs.  The  school 
house  will  be  thoroughly  repaired,  ceiled, 
painted,  and  furnished  anew,  and  I  think  I  may 


122 


RIGHT  OF  SUFFRAGE. 


[4th  day. 


Thursday,] 


BKosxAX—KiRL— Proctor— FrrcH—JoHysox—CROSMAx. 


[July  7. 


eay,  without  boasting  of  our  affairs  at  all,  that 
we  sliall  have  as  jruod  school  accomiiioclations, 
and  as  aceoinplisLed  teachers,  also,  in  the  three 
districts  of  our  county,  as  can  be  found,  at 
any  rate  in  any  of  the  cow  counties,  in  this 
Territory.  We  cannot  expect  to  compare,  of 
conrse,  with  the  wealtliy  county  which  the  gen- 
tleman from  Storey  represents,  l)ui  I  think  onr 
schools  are  in  a  very  creditable  condition. 
Moreover,  we  have  received  from  the  public 
school  fund  three  or  four  hundred  dollars  to 
expend  in  supporting  our  scliools.  and  we  do 
not  owe  any  teaciier  a  dollar.  We  have  four 
or  live  hundred  dollars  to  our  credit,  besides  a 
prospect  of  probably  a  thousand  dollars  before 
December  next. 

Mr.  I3R0SXAN.  I  wish  to  remove  an  im- 
pression whicli  seems  to  rest  u])on  the  mind  of 
my  friend  from  Lyon.  (.\Ir.  Crosman,)  that  this 
is  not  a  fVietidly  move.  I  declare  to  the  gen- 
tleman that  I  have  no  hostile  motive  what- 
ever respecting  this  provision,  and  have  been 
actuated  liy  no  such  feeling  in  offering  this 
amendment. 

The  question  was  taken  on  Mr.  Brosuan's 
amendment,  and  it  was  not  agreed  to. 

Mr.  HROSNAN.  I  give  notice  that  I  shall 
move  that  amendment  in  Convention,  and  call 
for  the  yeas  and  nays  upon  it. 

Mr.  EAUL.  I  move  to  amend  the  section  by 
striking  out  so  much  as  provides  that  the  tax 
shall  he  devoted  to  State  and  county  purposes. 
and  inserting  instead,  "  to  the  Sanitary  Fund 
during  the  war." 

The  CHAIRMAN.  The  Chair  will  rule  the 
amendment  out  of  order. 

No  further  amendments  being  offered,  the 
section  was  adopted. 

TUE    VOTE   UPOX   THE   COXSTITITIOX. 

Section  10  was  read,  as  follows  : — 
Sec.  10.  .A.U  citizens  of  the  United  States  and  hona 
Jitlt  re.-uleuts  of  th.-  Territory  of  ^'evada,  at  the  time 
provided  in  this  Constitution  for  the  first  election  to  be 
held  under  its  provisions,  and  who  shall  possess  the 
other  quaUfications  of  electors  herein  provided,  shaU 
be  entitled  to  vote  for  the  election  of  all  ollieers  to  be 
elected  at  such  election,  and  upon  the  question  of 
adoptni),'  or  rejecting  this  Constitution. 

Mr.  PROCTOR.  I  have  an  amendment  to 
offer  as  a  sulistitute  for  Section  10. 

Tile  SKCRETAIIY  read  tlie  amendment,  as 
follows  : — 

8ec.  10.  All  citizens  of  the  T'nited  States  and  hona 
fidt  residents  of  the  Territory  of  Nevada  on  the  twenty- 
first  day  of  March,  A.  D.  181i4,  (lualiiied  bv  law  to  vote 
for  representatives  to  the  General  Assembly  of  said 
Territory,  shall  be  qualified  to  vote  for  or  against  this 
Constitution. 

Mr.  PROCTOR.  My  object  in  offerinsr  this 
amendment  is  to  comply  with  the  provisions  of 
the  Kuabling  Act,  which  I  will  read  :— 

Ki;<-.  rj.  And  be  it  fiirthfr  ena<'tcd,  That  all  pcr- 
Bons  qualitied  by  law  to  vote  for  n-iiresentatives  to  the 
General  Asseiably  of  said  Territory,  at  the  date  of  the 
passage  of  this  act,  shall  be  qualilied  to  be  elected,  and 
they  are  authorized  to  vote  for  and  choose  representa- 
tiv.st'iforni  a  Convention,  under  such  rules  and  re^'u- 
lations  as  the  Governor  of  said  Territory  may  prescribe, 


and  also  to  vote  for  the  acceptance  or  rejection  of  such 
Constitution. 

This  act  was  approved  March  21.  1864. 

Mr.  FITCH.  I  do  not  exactly  see  the  oc- 
casion of  this  amendment,  and  1  hope  it  will 
not  prevail.  As  I  understand  the  Enabling 
Act.  it  provides  that  all  persons  who  were  qual- 
itied  to  vote  for  representatives  to  the  last 
General  Assembly  shall  be  competent  to  vote 
for  delegates  to  this  Constitutional  Convention. 

I\fr.  PROCTOR.  Yes,  sir,  and  to  vote  for  or 
against  this  Constitution. 

Mr.  FITCH.  But  cannot  we  extend  the  priv- 
ilege ? 

Mr.  JOHNSON.  It  reads  that  they  may  vote 
for  or  against  the  Constitution  "under  such  rules 
and  regulations  as  the  said  Convention  may 
prescritie."'"    That  is  the  language. 

Mr.  CROSMAN.  I  move  to  strike  out  the 
section  entirely.  It  belongs  iu  the  schedule. 
I  move  that  as  an  amendment. 

Mr.  JOHNSON.  I  think  the  gentleman  is 
mistaken  ;  but  even  if  it  does  belong  iu  the 
schedule,  it  is  in  the  power  of  the  Convention 
to  arrange  it  afterwards.  This  appears  to  me, 
however,  to  be  the  proper  place  for  it,  right 
here  in  the  article  on  the  right  of  sullVage,  be- 
cause it  is  prescribing  the  qualifications  of 
voters.  And  furthermore,  I  think  my  Iriend 
from  Nye,  (Mr.  Proctor,)  is  laboring  under  a 
misapprehension  as  to  the  purport  and  mean- 
ing, not  only  of  this  section,  but  of  the  lan- 
guage employed  in  the  Enabling  Act.  Now, 
sir,  by  reference  to  that  act.  I  find  that  it  is 
true  in  part,  as  stated  by  him,  that  the  laws 
which  had  existed  in  the  Territory  shall  and  do 
prescribe  the  qualification  of  electors  in  the 
election  of  delegates  to  this  Convention.  But, 
sir,  beyond  that  Congressional  action  has  not 
gone.  Beyond  that  it  is  left  in  the  power  of 
this  Convention  to  prescribe  the  qualifications 
of  those  who  are  to  vote  for  or  against  this 
Constitution.    I  will  read  the  provision  : — 

Sec.  3.  And  be  it  further  enacted,  That  all  persons 
quahtied  by  law  to  vote  for  representatives  to  the  Gen- 
eral Assembly  of  said  Territory,  at  the  date  of  the  pas- 
sage of  this  Act,  shall  be  qualified  to  be  elected,  and 
they  are  authorized  to  vote  for  and  choose  representa- 
tives to  form  a  Convention  under  such  rules  and  regula- 
ticms  as  the  Governor  of  said  Territory  may  prescribe ; — 

This  absolutely  fixes  the  qualification  of 
voters  for  that  election  ;  and  what  follows  is 
divided  from  the  first  part  by  a  semicolon: — 

— "And  also  to  vote  upon  the  acceptance  or  rejection 
of  such  Constitution  as  may  be  formed  by  said  Con- 
vention, under  such  rules  and  regulation  as  the  said 
Couventiou  maj-  prescribe." 

Here  are  two  clauses — one  clearly  relating  to 
the  election  of  delegates,  and  the  other  as 
clearly  relating  to  voting  upon  the  acceptance 
or  reji'ction  of  the  Constitution.  Such  being 
the  fact.  I  think  it  is  entirely  within  the  pro- 
vince of  this  Convention  to  prescribe  the  quali- 
fications of  voters  upon  this  instrument,  and 
from  thenceforth.  All  that  Congress  proposed 
to  do  was  to  fix  tlie  qualifications  with  reference 
to  the  electiou  of  delegates  to  the  Convention, 


4tli  day.] 


RIGHT   OF  SUFFEAGE. 


123 


Thursday,] 


Crosmax — Proctor — Comjxs — Johnson — DeLong. 


[July  7. 


and  the  representatives  of  the  people  so  elected 
■vvure  then  to  have  the  power  to  prescribe  such 
conditions  of  voting  thereafter  as.  in  their  p;ood 
judgment,  might  he  deemed  proper.  And  for 
the  reasons  which  I  suggested  in  the  first  place. 
I  trust  that  the  motion  to  strike  out  entirely 
will  not  prevail ;  and  for  the  further  reason,  that 
the  section  does  not  conflict  with  the  Enabling 
Act.  I  hope  the  motion  of  my  friend  from  Nye 
to  amend  will  not  prevail. 

Mr.  CROSMAN.  I  was  under  the  impre.=sion 
that  this  Enabling  Act  provided  for  this  election, 
and  therefore  I  thought  the  section  was  out  of 
place.  Alter  the  explanation  given  by  the  gen- 
tleman irom  Ormsby  I  am  satisfied,  and  will 
withdraw  my  motion. 

Mr.  PROCTOR.  I  look  upon  this  portion  of 
the  Enabling  Act  as  giving  us  power  to  provide 
how  the  election  is  to  be  held.  l)ut  not  power  to 
fix  any  rule  touching  the  qualification  of  voters 
at  all. 

Mr.  COLLINS.  Upon  reading  this  section,  I 
am  rather  impressed  with  the  conviction  that 
the  gentleman  from  Nye  is  correct  in  his  inter- 
pretation.    I  will  read  it  all : — 

"  That  aU  persons  qualified  bj'  law  to  vote  for  repre- 
seutativts  to  the  general  assembly  of  said  Territory 
at  the  date  of  the  passage  of  this  Act,  shall  be  qualified 
to  be  elected,  and  they  are  authorized  to  vote  for  and 
choose  reijresentatives  to  form  a  Convention,  under 
such  rules  and  regulations  as  the  Governor  of  said  Ter- 
ritory may  prescribe" ; — 

That  is  for  the  election  of  delegates,  and  that 
which  follows,  providing  for  the  election  upon 
the  Constitution,  relates  to  the  same  persons 
who  were  qualified  to  vote  on  the  21st  of  March 
last.  It  is  a  continuation  of  the  same  sentence, 
conjoined  by  the  word  "  and,"  as  gentlemen 
will  perceive  : — 

— ".\nd  also  to  vote  upon  the  acceptance  or  rejection  of 
such  Constitution  as  may  be  formed  by  said  Con- 
vention, under  sxich  rules  and  regulations  as  the  said 
Convention  may  prescribe." 

Not  in  this  instance  under  rules  and  regula- 
tions prescribed  by  the  Governor,  but  the  sanu' 
persons  are  to  vote  under  such  rules  and  regu- 
lations as  the  Convention  may  prescribe.  I 
think  the  language  is  very  clear  and  explicit, 
and  that  those  persons  who,  under  our  Territo- 
rial laws,  were  entitled  to  vote  at  the  time  the 
Enabling  Act  was  passed,  by  the  very  reading  | 
of  that  Act  will  be  entitled  to  vote  for  the  ac- 1 
ceptance  or  rejection  of  this  Constitution. 

Mr.  JOHNSON.      I  am   very   sorry  indeed, ; 
on  this  or  any    other  occasion,    to  be   under 
the   necessity   of  disagreeing  with    my  friend 
from  Storey,  (Mr.  Collins,)  but  my  convictions 
are  the  same  now  as  when  I  before  addressed  ' 
the  Committee  on  this  matter.     I   cannot  con- 
ceive that  there  is  any  doubt  of  the   power  of 
this  Couvention  to  prescribe  rules  and  regula-  i 
tions  for  the  voting  on  the  Constitution.     Now. ' 
sir,  the  gentleman  from  Nye,  (Mr.  Proctor,)  has  i 
sought   to  make  a  distinction  between  a  rule 
and  a  law.     What  is  a  law  but  a  rule?     Wiiy. 
sir,  one  of  the  very  earliest  writers  upon  law,  | 
in  one  of  the  first  text-books   placed   in   the ; 


hands  of  the  student,  defines  law  to  be  a 
rule  of  action.  Upon  this  point  there  could, 
I  think,  be  no  question— namely,  as  to  what 
was  the  intent  of  Congress  in  adopting  that 
section.  They  had  no  conception  probably  of 
what  provisions  were  contained  in  our  Territo- 
rial laws  in  respict  to  the  qualifications  of 
voters,  but  so  far  as  Congress  has  legislated,  it 
has  proposed  to  indicate  what  should  be 
the  manner  of  electing  representatives  to  this 
Convention,  and  when  that  was  done,  then  the 
Convention  was  clothed  with  the  power  pre- 
scribed in  that  Enabling  Act.  Then  the  Con- 
vention, composed  of  representatives  of  the  peo- 
ple, had  authority  to  say  who  should  vote  upon 
the  adoption  or  reji  ction  of  the  instrument  they 
were  framing,  as  well  as  who  should  vote  for 
the  officers  thereafter  to  be  elected.  From 
thenceforth  was  removed  from  the  halls  of  Con- 
gress the  power  of  prescribing  to  us  the  rule  of 
action,  in  respect  to  the  qualification  of  voters. 

I  repeat  that  the  word  "rule."  or  "regula- 
tion," cannot  be  construed  in  any  other  sense 
than  it  would  be  if  the  word  "  law''  had  been 
employed  instead.  Why,  sir,  it  is  perfectly 
preposterous  and  absurd  to  say  that  an  instru- 
ment shall  be  framed  containing  certain  propo- 
sitions, and  that  while  you  give  a  certain  class 
power  to  vote  upon  the  rejection  or  approval 
of  that  instrument,  you  at  the  same  time  say  that 
the  framers  of  it  shall  not  have  the  right  to  de- 
clare that  certain  persons  shall  be  prohibited 
from  voting  for  the  rejection  or  approval  of 
that  instrument,  though  they  may  have  the  right, 
at  the  same  time,  to  declare  who  may  and  may 
not  vote  for  officers  to  be  elected  under  it.  It  is 
too  preposterous  for  belief  that  Congress  ever 
sought  to  do  any  such  thing.  Now,  sir.  in  my 
mind,  there  is  no  doubt  that  the  latter  clause  in 
the  portion  of  this  section  which  has  been  read, 
invests  the  Convention  absolutely  with  the 
power  of  prescribing  the  conditions  upon  which 
all  or  any  persons  shall  vote  for  or  against  the 
Constitution,  and  for  officers  to  be  elected  un- 
der it.  For  that  reason,  I  think  this  section 
.'should  be  retained  as  it  now  stands.  Do  not 
let  us  assert  that  Congress  has  said,  much  less 
done,  so  foolish  and  inoperative  a  thing  as  to 
prescribe  the  qualifications  of  voters  upon  this 
instrument. 

Mr.  DkLONG.  L^pon  examination  of  this 
Section  3  of  the  Enal)ling  Act,  I  have  come  to 
the  conclusion  that  it  would  be  very  dangerous 
to  subiuit  this  Constitution  with  a  provision 
regulating  the  qualification  of  electors  different 
from  what  is  prescribed  in  this  section.  The 
section  s  ys  as  plainly  as  anything  can  be,  that 
all  persons  qualified  by  law  to  vote  for  repre- 
sentatives to  the  Assembly  at  the  date  of  the 
passage  of  this  Act.  which  was  March  21,  1864, 
shall  also  vote  upon  the  question  of  the  accept- 
ance or  rejection  of  this  Constitution.  Now, 
why  cannot  we  just  as  well  save  the  whole  mat- 
ter by  amending  this  section  in  the  old  Consti- 
tution so  as  to  read  in  the  language  of  this 
Act :— 


124 


RIGHT  OF  SUFFRAGE. 


[4tli  day. 


Thursday.] 


Jduxsox— DkLoxg — Banks— Fitch. 


[Jiily 


".UI  persons  who  arc  citizens  of  the  United  States, 
and"  (inalitii-d  rl.'ctors,  and  hona  Jide  residents  of  the 
Ttrritory  of  Nt-vada  on  the  twcntrj-first  day  of  March, 
11S04,  shiiJl  bi-  eutitlud  to  vote,"  A:c. 
That.  I  think,  would  roach  the  whole  thing. 
I  think  it  would  be  unsafe  to  diwiuahty  a 
man  who  wa-s  a  qualified  voter  at  the  time  of 
the  election  of  delegates  to  this  Convention. 
IVrhaps  it  would  be  as  well  to  provide  that  all 
who  were  voters  on  the  twenty-lirst  of  March, 
or  have  since  become  so,  shall  be  entitled  to 
vote. 

Mr.  JOHNSON.  "Will  the  gentleman  read 
the  whole  clause,  or  sentence? 

Mr.  DkLONG.     Yes,  .sir.     it  says  :— 

"  That  all  xx-rsous  qiiaUfied  by  law  to  vote  for  reiire- 
sentatives  to  the  General  .\ssciiibly  of  said  Territory 
at  the  date  of  the  passaj^'e  of  this  act,  shall  be  qaiaUtied 
to  be  electA^'d,  and  they  are  authorized  to  vote  for,  and 
choose  representatives  to  form  a  Convention,  under 
sxieli  rides  and  regulations  as  the  Governor  of  said 
Territory  may  prescribe"; — 

That  is  one  complete  provision,  and  then  fol- 
lows : — 

— '•  .A.nd  also  to  vote  upon  the  acceptance  or  rejection 
of  such  Constitution  as  may  be  formed  by  said  Con- 
vention, under  such  rules  and  regulations  as  the  said 
Convention  may  prescribe." 

Now,  will  it  be  pretended  that  the  Conven- 
tion may  prescribe  such  rules  and  regulations 
as  will  not  allow  them  to  vote  at  all  ?  It  says 
tht-y  may  vote  under  such  regulations  as  we 
may  prescribe,  but  we  cannot  prescribe  such 
regulations  that  they  shall  not  be  able  to  vote 
at  all. 

Jlr.  J(,)HNSON.  We  might  prescribe  rules 
which  would  prohibit  anybody  from  voting.  1 
think  it  is  absurd  to  say  that  we  cannot  pre- 
scribe whatever  rules  and  regulations  we  deem 
proper. 

Mr.  DkLONG.  I  say  it  is  absurd,  also.  We 
agree,  possibly,  better  than  the  gentleman  sup- 
poses. I  think  we  had  better  pass  over  that 
one  clause,  and  give  members  an  opportunity 
lietween  this  tim(;  and  the  next  meeting  of  the 
Convention,  to  draft  a  section  whicli  will  suit 
the  purpose.  I  am  a  little  afraid  to  vote  upon 
it.  either  one  way  or  the  other,  as  it  now  stands ; 
1  do  n(d  think  it  will  answer  the  purpose.  1 
certainly  do  nut  think  we  can  prohiliit  any  man 
from  voting  on  tiie  Constitution  who  was  a 
(pialilicd  elector  at  the  time  of  the  election  of 
the  delegates.  I  think  we  have  got  to  say  they 
may  vote,  and  as  to  permitting  any  person  to 
vote  that  wa.s  not  a  voter  on  the  twenty-fir.'^t 
day  of  March,  I  am  not  so  c<rtaiu.  1  will  ask 
tor  the  reading  of  the  substitute  of  the  gentle- 
man from  Nye. 

The  substitute  was  read. 

Mr.  DkLONG.  What  is  the  objection  to 
that? 

.Mr.  I5U0SNAN.  I  do  not  think  it  covers  the 
ground. 

Mr.  DkLONG.  I  see  that  a  porson  may  have 
hiiice  1)1  ciune  a  (inalilii-d  elector,  and  yet,  under 
a  strict  couslruciion.  he  would  not  be  entitled 
to  vote.  1  think  it  po.-sible  that  we  are  getting 
the  thing  mi.\ed.     [.\ierriment.] 


Mr.  BANKS.  This  is  a  much  more  serions 
matter  than  I  supposed  it  was  when  we  first 
commenced  to  consider  it,  and  I  must  say  that 
the  spirit  of  the  language  here  diffens  very  rad- 
ically from  the  letter.  Now  if  there  is  any 
meaning  in  the  language  at  all,  it  provides  that 
those  who  at  the  date  named  were  electors, 
shall  have  the  right  to  vote  upon  the  adoption 
of  the  Constitution.  But  there  is  this  other, 
and  very  important  question  that  I  would  like 
to  see  discussed  somewhat,  which  has  not  yet 
l>een  referred  to  except  by  the  gentleman  from 
Ormsby,  (Mr.  Johnson.)  incidentally  ;  that  is, 
that  those  who  might  not  have  been  electors 
upon  that  day  named,  although  they  would  be 
entitled  to  vote  upon  other  matters  to  be  voted 
upon  at  the  coming  election  to  he  held  for  the 
purpose  of  adopting  or  rejecting  the  Constitu- 
tion, would  not  be  entitled  to  vote  upon  that 
very  question.  Now  if  we  construe  this  En- 
abling Act  as  conferring  power  to  vote  on  this 
question  upon  a  certain  class,  and  that  those 
upon  whom  that  power  is  not  conferred  cannot 
vote  upon  it,  then  we  must  arrive  at  the  con- 
clusion that  those  who  were  not  voters  on  the 
tweuty-flrst  of  March  last,  cannot  be  permitted 
to  vote  at  all  upon  this  Constitution.  And  I 
understand  that  the  amendment  offered  hj  the 
gentleman  from  Nye,  provides  for  just  that 
thing — that  those  who  were  qualified  at  that 
time,  shall  be  allowed  to  vote  upon  the  accept- 
ance or  rejection  of  the  Constitution,  and  that 
all  other  persons  who,  since  that  time,  may 
have  become  qualified  voters,  shall  not  be  al- 
lowed to  vote  upon  that  question. 

Mr.  PROCTOR.  I  will  suggest  that  a  clause 
has  been  prepared  which  will  cover  that  ol sec- 
tion. 

Mr.  FITCH.  I  desire  to  call  the  attention  of 
gentlemen  to  another  clause  in  this  same  En- 
abling Act : — 

Sec.  5.  And  be  it  further  enacted,  that  in  case  a  Con- 
stitution and  State  Government  shall  be  formed  for 
the  people  of  said  Territory  of  Nevada,  in  compUance 
with  the  provisions  of  this  Act,  that  said  Convention 
forming  the  same  shall  iirovide  by  ordinance  for  sub- 
luittiug  said  Coustitutiou  to  the  iieojjle  of  said  State, 
for  their  ratiflciitinii  or  rejection,  at  an  election  to  be 
held  on  the  second  Tuesday  of  October,  one  thousand 
eight  hundred  and  sixty-four,  at  such  jjlaces  and  under 
such  regulations  as  may  be  prescribed  therein,  at 
which  election  the  lawful  voters  of  said  new  State  shall, ' ' 
etc. 

Mr.  BANKS.  That  says  "  the  lawful  voters  of 
said  new  State."  I  would  like  to  hear  an  ex- 
pression of  the  opinions  of  gentlemen  upon 
that  point  before  we  vote.  I  would  like  to 
hear  the  section  read  as  now  proposed  to  be  modi- 
lied  by  the  gentleman  from  Nye. 
The  SECRETARY  read  as  follows:— 
"All  citizens  and  bona,  fide  residents  of  the  Territory 
of  Nevada  on  the  twenty-tirst  day  of  March,  A.  D.  18^4, 
qualified  by  law  to  vote  for  re  preseutalives  to  the  ti-en- 
eral  Assembly  of  said  Territory,  and  all  who  have  be- 
eonie  qualified  voters  and  electors  since  that  date, 
shall  be  qualified  to  vote  for  or  against  this  Constitu- 
tion." 

Mr.  BANKS.  I  understand  that  that  covers 
the  ground  entirely.    It  provides  that  all  who 


4tli  day.] 


RIGHT  OF  SUFFRAGE. 


125 


Thursday,] 


DeLoxg — Pkoctor — Banks— DuNXE — Hovey. 


[July 


were  voters  at  the  date  mentioned,  whether 
they  have  gone  out  of  the  Territory,  or  in  any 
other  way  have  become  disqualified  under  the 
Territorial  laws,  or  not,  shall  be  allowed  to 
vote,  and,  also,  every  person  who  since  that 
date  has  acquired  a  residence  and  the  right  to 
vote  in  this  Territory.  I  understand  that  thnt 
is  the  condition  of  the  thing,  and,  under  the 
provisions  of  the  Enabling  Act,  I  certainly  feel 
that  it  is  indispensable  for  us  to  adopt  that 
amendment.  As  I  look  at  it,  it  is  necessary  for 
us  to  adopt  a  provision  in  conformity  with  this 
Enabling  Act. 

Mr.  DeLONG.  Why  should  we  leave  out 
that  they  are  "  entitled  to  vote  for  the  election 
of  all  officers  ?''  I  do  not  see  why  that  is  left 
out. 

Mr.  PROCTOR.  I  thiuk  that  is  provided  for 
in  the  Organic  Act. 

Mr.  BANKS.  I  understand  that  last  year 
the  officers  were  to  be  elected  at  the  same  time 
th'at  the  people  voted  upon  the  ratification  of 
the  Constitution,  but  this  year  I  do  not  under- 
stand that  there  are  any  officers  to  be  elected 
at  that  time. 

Mr.  DUNNE.  From  all  the  lights  I  have  be- 
fore me  in  the  case,  I  do  not  think  the  last 
amendment  proposed  is  necessary,  nor  that  it 
will  be  in  accordance  witli  tiie  Enabling  Act. 
I  think  one  great  cause  of  the  difficulty  of  un- 
derstanding this  subject  has  been,  and  is.  that 
gentlemen  forget  the  circumstances  under  wbicli 
we  are  forming  this  Constitution.  We  are  act- 
ing here  under  very  peculiar  circumstances. 
We  are  forming  this  Constitution  simply  and 
entirely  by  the  permission  of  Congress.  Con- 
gress has  provided  that  if  we  comply  with  cer- 
tain restrictions  and  requirements,  which  are 
laid  down  by  the  Enabling  Act,  in  framing  our 
Constitution,  the  President  of  the  United  States 
may,  Ijy  proclamation,  admit  the  State  into  the 
Union,  with  that  Constitution.  But  there  is  no  \ 
power  to  admit  the  State  unless  we  do  comply 
in  all  respects,  and  it  depends  wholly  upon  our 
having  complied  strictly  in  every  particular 
with  the  Enabling  Act.  The  case  is  therefore 
different  from  that  of  a  community  seeking  of 
its  own  motion  to  become  a  State  in  the  Union. 
In  such  a  case,  the  Convention  might  make 
whatever  limitations,  rules  and  regulations 
they  might  see  fit,  because  they  would  have 
still  to  go  before  Congress  with  their  Constitu- 
tion, and  with  their  rules  and  regulations  in 
connection  with  it,  and  then,  if  Congress  chose 
to  approve  of  their  action,  well  and  good  ;  they 
would  be  admitted.  Under  such  circumstances 
we  would  have  a  right  to  make  these  exper- 
iments— to  make  whatever  regulations  and  re- 
strictions we  pleased,  and  then  take  our  chances 
for  admission  by  Congress.  But  we  have  no 
such  lil)erty  allowed  to  us  here,  as  I  under- 
stand it.  The  President  can  only,  by  procla- 
mation, admit  this  State  into  the  Union,  if  the 
people  should  adopt  the  Constitution,  when 
it  can  be  shown  that  wo  have  complied  in  every 
particular  with  the  Enabling  Act  granting  us 


permission  to  form  that  State  Constitution. 
Now  Congress  has  pointi  d  out,  as  I  think,  most 
distinctly,  what  course  we  are  to  follow  in  this 
regard.  It  defines  most  clearly  who  the  per- 
sons are  who  shall  be  allowed  to  vote  upon  the 
adoption  of  the  Constitution.  It  says  most 
distinctly  that  only  such  persons  shall  vote 
upon  that  question  as  were 'authorized  to  vote 
for  representatives  under  the  Territorial  law  at 
the  time  of  the  passage  of  that  Act. 

Mr.  BANKS.  "Only?"  Where  does  the 
gentleman  get  that  word  "only?" 

Mr.  DUNNE.  It  limits  and  defines  it  as  dis- 
tinctly as  it  can  be  done,  in  these  words: — 

"  And  be  it  further  enacted,  That  all  persons  quali- 
fied by  law  to  vote  for  representatives  to  the  General 
Assembly  of  said  Territory  at  the  date  of  the  passage 
of  this  Act,  shall  be  qualified  to  be  elected,  aud  they 
are  authorized  to  vote  for  and  choose  representatives 
to  form  a  Convention,  imder  such  rules  and  resulatious 
as  the  Governor  of  said  Territory  may  prescribe  ;  and 
also  to  vote  upon  the  acceptance  or  rejection,"  etc. 

As  I  understand  it,  thei-e  are  no  other  per- 
sons qualified  to  vote  upon  this  Constitution, 
and  if  we  allow  any  other  persons  to  vote  upon 
it,  our  Constitution  will  have  been  unlawfully 
adopted.  And  the  same  would  be  true  if  we 
did  not  allow  all  those  persons  to  vote.  Now, 
in  the  first  part  of  Si'ction  5,  which  has  been 
referred  to  by  the  gentleman  from  Storey,  (Mr. 
Fitch,)  where  the  phrase  '-lawful  voters"  is 
used,  it  means,  to  my  mind,  not  lawful  voters 
under  our  laws,  for  the  election  of  all  officers, 
but  lawful  voters  under  the  Enabling  Act,  un- 
der which  this  Constitution  is  framed,  and 
according  to  this  Act,  those  only  are  lawful 
voters  who  were  legally  qualified"  electors  for 
lepresentatives  on  the  21st  day  of  March  last. 
As  I  understand  it,  we  have  no  right  to  allow 
any  other  persons  to  vote  upon  the  adoption  or 
rejection  of  the  Constitution,  and  if  we  do  al- 
low other  persons  to  vote,  then  ihe  election 
would  be  frandulent  of  itself,  and  the  President 
would  not  be  authorized  to  admit  the  new  State 
by  proclamation. 

Mr.  HOVEY.  I  understand  that  the  report- 
ers for  the  press  here  would  like  some  oppor- 
tunity to  prepare  their  reports,  and,  as  many  of 
us  are  pretty  well  tired  out,  I  move  that  the 
Committee  rise,  report  progress,  aud  ask  leave 
to  sit  again. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

IX   COXVEXTIOX. 

The  PRESIDENT  having  resumed  the  Chair, 

The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Article  II  of  the  Constitution,  had  made  some 
progress  therein,  aud  had  directed  him  to  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  leave  was 
granted  accordingly. 

Mr.  DeLONG.  If  the  Convention  is  going 
to  hold  evening  sessions,  I  propose  that  we  meet 
at  ten  in  the  morning,  instead 'of  nine  ;  then  we 
can  sit  till  twelve  j  meet  again  at  one  o'clock, 


126 


EVE>^ING  SESSIONS. 


[otli  day. 


Friday.] 


Ckosmax — DeLoxg —  Kennedy — roHxsoN. 


[July  8. 


and  8it  till  five;  then  take  a  recess  till  seven 
o'clock,  and  sit  iu  the  evening  as  late  as  we 
please.  I  therefore  move  that  the  Convention 
adjourn  till  to-morrow  at  ten  o'clock.  The  re- 
portiT-s  nuist  have  some  t'uie  to  write  out  their 
notes,  or  we  shall  be  entirely  ignored  by  the 
press. 

Mr.  CROSMAX.  I  move  to  adjourn  till  to- 
morrow at  nine  o'clock. 

.Mr.  DeLO.N'G.  Very  well.  I  am  agreeable; 
I  am  siitislii'd  that  I  am  generally  wrong  on 
time.     [Merriment.] 

The  question  was  taken  on  Mr.  Crosman's 
motion,  and  it  was  agreed  to. 

Accordingly,  at  twenty-live  minutes  past  nine 
o'clock.  1*.  M.'  the  Conveution  adjourned. 


FIFTH  DAY. 

Carson,  July  8,  ISfi^. 

The  Convention  met  at  nine  o'clock,  and,  in 
the  temporary  absence  ol'  the  Tresident,  was 
called  to  order  by  Mr.  KINKEAD,  on  whose 
motion  Mr.  COLLINS  took  the  Chair  as  Presi- 
dent pro  ttin. 

The  roll  was  called  and  twenty-seven  mem- 
bers were  present.  Those  who  failed  to  re- 
spond to  their  names  w^re  Messrs.  Ball,  De- 
Long,  Fitch,  Haines,  Jones.  .Morse,  Parker, 
Sturtevant,  Wellington,  Wetherill,  Williams, 
and  Mr.  President. 

Prayer  was  ohl-red  by  the  Rev.  A.  F.  White. 

The  Journal  of  yesterday  was  read  and  ap- 
proved. 

During  the  reading  of  thj  Journal  the  Pres- 
ident appeared  aud  took  the  Chair. 

EVENING   SE.SSIONS. 

Mr.  KENNEDY.  Pursuant  to  notice  given 
yesterday,  I  otter  the  following  : — 

Rit'ilwil,  Tiiat  the  Conveution,  on  and  after  this 
clato,  Uold  evening  sessions,  commencing  at  saveu 
©•cloek.  P.  M. 

The  (piestion  was  stated  on  the  adoption  of 
the  resolution. 

[Mr.  Cou.ixs  in  the  Chair.] 

Mr.  JOIIN.SON  [the  President.]  I  had  hoped 
that  there  would  i»e  something  said  upon  this 
J^ul'j'ct  by  some  other  member  of  the  Conven- 
ii(ui.  fur  it  occurs  to  me  there  are  potent  rea- 
.-o:is  why  we  ought  not,  at  least  at  this  stage 
of  <jur  proceedings,  to  adopt  this  resolution. 
It  was  probably  well  enough  to  hold  an  even- 
ing session  as  we  did  last  night,  but  it  is  within 
the  knowledge  of  the  Convention  that  a  num- 
Ijer  of  standing  committees  have  been  created, 
to  some  of  which,  no  doubt,  will  be  intrusted 
matler.s  of  great  moment,  and  if  these  com- 
mittei.'s  are  to  l^e  of  any  service  to  this  Con- 
\ention,  it  is  quite  important  that  they  have 
some  lime  allowed  for  the  purpose  of  transact- 
ing the  business  delegated  to  them.  Now, 
if  this  resolution  be  adopted,  what  time  will 
tho.se  committees  have  to  consider  such  busi- 


ness and  prepare  their  reports  ?  We  meet  here 
at  nine  o'clock  in  the  morning,  and  take  a  re- 
cess from  twelve  to  one  o'clock — only  one  hour 
— we  then  sit  from  one  to  five  o'clock  iu  the 
afternoon,  and  then  it  is  proposed  by  this  reso- 
lution that  we  take  a  recess  from  five  to  seven 
D'clock.  allowing  only  two  hours  for  dinner. 
Then,  if  we  meet  at  seven  o'clock,  under  this 
resolution,  our  session  may  be  extended  inde- 
finitely to  any  hour  of  the  night.  Under  that 
arrangement  I  think  it  must  be  perfectly  ap- 
parent that  no  time  will  be  allowed  for  the  labor 
of  committees  iu  the  transaction  of  the  business 
intrusted  to  them.  And,  in  addition  to  that 
consideration,  we  have  here  an  Official  Re- 
porter who  has  certain  laborious  duties  to  per- 
form ;  and  we  have  also  a  Secretary,  and  his 
assistant,  every  moment  of  whose  time,  it  must 
be  evident  to  gentlemen,  is  occupied,  during 
our  session,  iu  simply  keeping  the  minutes  and 
arranging  the  papers  and  documents.  The  Se- 
cretary should  be  allowed  suffii>ient  time  to  write 
up  his  minutes,  or  he  will  be  unable  to  give  us, 
the  next  morning,  an  intelligible  record  of  our 
proceedings  of  the  preceding  day.  After 
a  week  or  two,  when  tlie  committees  shall  have 
completed  their  labors,  and  wo  find  that  the 
Convention  has  nothing  to  do  but  to  discuss 
the  matters  before  it,  if  it  shall  appear  that 
the  session  of  the  Convention  is  being  unrea- 
sonably protracted,  it  may  be  well  enough  to 
hold  evening  .sessions,  but  at  present  it  occurs 
to  me  that  it  is  altogether  uuadvi.sable.  I  re- 
ally do  not  think  we  shall  gain  anything  by  it. 

Mr.  KENNEDY.  I  would  like  to  ask  the 
gentleman  a  question.  How  long  did  the  Com- 
mittee on  the  Judiciary,  of  whicli  he  was  a 
member,  sit  during  the  last  Convention? 

Mr.  JOHNSON.  There  were  several  mem- 
bers of  that  committee  who  did  not  attend  its 
sessions.  At  one  session  I  remember  there 
were  four  in  attendance  for  about  a  half  an 
hour.  Subsequently,  Mr.  Stewart,  the  Chair- 
man, made  repeated  ettbrts  to  get  the  committee 
together,  but  faild  to  do  so,  except  on  one  oc- 
casion. After  that  the  business  of  the  com- 
mittee was  transacted  mainly  by  .Mr.  Stewart 
and  myself.  The  committee  was  not  in  ses- 
sion, as  a  committee,  to  exceed  perhaps  two 
hours  iu  the  aggregate,  but  if  the  members  of 
that  committee  had  performed  their  duties  as  they 
.should  have  done,  the  committee  would  have 
been  iu  session  a  much  longer  time.  I  bestowed  a 
great  deal  of  labor  upon  the  business  properly 
belonging  to  that  committee,  and  Mr.  Stewart 
did  the  same,  and  we  then  compared  notes.  It 
does  not  follow,  however,  that  the  committee 
ought  not  to  have  met,  or  ought  not  to  have 
had  oi)portunities  for  meeting.  I  hope  this  reso- 
lution will  not  be  passed  this  week,  at  least ; 
let  us  see  what  progress  we  make,  and  then,  if 
we  find  it  necessary,  we  can  hold  evening  ses- 
sions. 

Mr.  KENNEDY.  I  will  amend  the  resolution 
so  as  to  hold  evening  sessions  commencing 
next  Monday. 


5th  day.]  EVENING   SESSIONS.  127 

Friday,]  Johnson — Tozer — Dunne — Chawx  -Kenneby— Bkosnan.  [July  8. 

Mr.  JOHNSON.  My  only  objection  to  that  ]  our  labors  very  much.  As  to  the  Secretary,  I 
is,  aside  trom  considerations  existing  at  the  also  recognize  the  point  that  it  will  be  im- 
present  time,  that  we  do  not  know  that  there  possible  for  him  to  write  up  his  minutes  and 
will  be  any  necessity  for  evening  sessions,  report  them  the  next  morning,  if  he  has  to 
Though  I  am  opposed  to  the  proposition  now,  attend  here  at  the  deslv  in  tiie  evening  ;  and  as 
yet  at  some  future  stage  of  our  proceedings,  we  wish  to  get  through  speedily,  and  it  is  all 
when  I  conceive  the  necessity  has  arisen.  I  may  one  thing  whether  we  do  it  by  working  an  ad- 
be  in  favor  of  evening  sessions.  I  prefer  to  ditional  time  at  night,  or  during  the  day,  I 
postpone  the  subject  till  the  necessity  shall  would  be  in  favor  ot  having  an  additional  See- 
arise  hereafter,  if  it  shall  arise.  I  retary  to  write  up  the  minutes — anything  and 
Mr.  TOZbiR.  The  labor  of  the  Judiciary  everything  to  shorten  the  session.  I  hope  the 
Committee  of  the  last  Convention,  or  the  re-   resolution  will  prevail. 

suit  of  that  labor,  is  now  the  property  of  tbe  Mr.  CHA.PIN.  I  have  been  in  favor  of  hav- 
people  of  this  Territory,  and  this  Convention  ing  evening  sessions,  in  order  to  accomplish  all 
has  resolved  to  make  use  of  that  public  property,  i  we  can,  if  it  was  any  way  consii^tent  to  do  so  ; 
The  gentleman  from  Ormsby  tells  us  that  indi- 1  but  there  are  many  objections  urged  against 
vidual  members  bestowed  a  great  deal  of  labor  evening  sessions,  and  now,  as  a  sort  of  a  com- 
upon  the  subject.  Very  well ;  we  have  adopted  :  promise,  until  we  can  hold  our  sessions  a  larger 
the  results  of  their  labor  as  a  part  of  our  own,  |  number  of  hours,  I  propose  this  as  an  ameud- 
and  therefore  we  have  all  the  benefit,  without   raent  to  the  resolution  : — 

the  necessity  of  losing  time  upon  the  subject.  !  ^,,,,„,,,_  That  the  daily  sessions  of  this  Conveution 
I  do  not  know  that  any  new  matter  is  likely  to  be  as  follows:  From  niue  o'clock,  A.  M.,  to  oue  o'clock, 
come  before  the  Judiciary  Committee,  or  be- ;  P.  M.,  and  from  two  o'clock,  P.  M.  to  six  o'clock,  P.  M. 
fore  any  other  committee  of  this  Convention,'  Thus  we  gain  one  hour,  in  broad  daylight, 
that  will  so  occupy  them  that  we  cannot  hold  ;  for  the  business  of  the  Convention,  and  have 
evening  sessions  lor  an  liour  or  two  each  even-  '•  the  evening  before  us  for  the  labor  of  the  com- 
ing, at  least,  and  so  greatly  expedite  our  labors,  mittees.  I  am  sure  that  will  shorten  our 
and   bring  about  an   early   adjournment.     We    labors. 

now  meet  at  nine  o'clock,  and  occupy  a  consid-  j  Mr.  KENNEDY.  I  wish  to  state  my  objec- 
erable  part  of  the  time  in  parliamentary  quib-  tion  to  that  resolution.  It  provides  for  a  ses- 
bles  and  pointless  debates,  which  enlighten  none  I  sion  here,  from  nine  o'clock  in  the  morning  till 
of  us.  If  we  continue  that  course  we  shall  i  one  o'clock  in  the  afternoon — four  hours,  with- 
prolong  the  session  a  week  or  two  unneccs-  out  intermission  or  rest — and  I  do  not  want  to 
sarily.  and  few  of  us  can  afford  that.  j  be  shut  up  in  this  room  for  four  hours  at  a 

Mr.  DUNNE.  I  agree  with  the  gentleman  ;  time.  I  would  prefer,  if  gentlemen  are  anxious 
who  last  addressed  the  Convention,  in  regard  to  give  the  committees  an  opportunity  to  meet, 
to  the  time  required  by  the  Committee  on  the  ^  that  we  should  give  them  till  three  o'clock 
Judiciary  to  make  their  report.  I  think  they  j  some  afternoon,  or  even  give  them  the  whole  of 
will,  in  all  probability,  have  ample  time,  even  |  some  afternoon  in  which  to  make  up  their  re- 
if  we  hold  evening  sessions,  to  prepare  their  re-  '  ports,  but  let  us  have  our  night. sessions — more 
port  between  now  and  Monday,  and  I  do  not  frequent  sessions,  but  shorter,  at  any  rate  ;  I 
think  there  is  any  chance  of  reaching  that  arti-  ;  do  not  care  whether  they  are  in  the  night  or 
cle,  in  its  regular  course,  before  that  time.  I  not.  By  having  more  frequent  and  shorter 
imagine  there  is  but  very  little  change  pro- 1  sessions  we  shall  get  through  with  more  busi- 
posed  to  be  made  in  that  regard,  upon  the  i  ness,  because,  after  we  have  been  sitting  here 
basis  of  action  which  we  have  adopted  here  :  ;  three  hours  at  one  time,  we  are  all  tired  out, 
and  I  think  there  will  be  plenty  of  time  for  the  i  and  unable  to  do  anything  well.  Besides,  this 
committee  to  do  all  they  have  to  do  between  resolution  would  keep  us  here  during  the  heat 
this  time  and  Monday.  In  regard  to  the  Official  of  the  day,  and  I  think  that  is  possiblj'  a  mis- 
Reporter.  I  recognize  most  distinctly  the  point  t^ike  in  the  present  arrangement.  We  ought 
made  by  the  gentleman  from  Ormsby.  our  ^  not  to  meet  till  two  o'clock  in  the  afternoon, 
worthy  President,  respecting  the  additional  j  and  so  give  all  the  officers  and  the  committees 
labor  which  will  be  imposed  upon  him  by  hold-  \  the  time  from  twelve  till  two  o'clock.  That,  I 
ing  evening  sessions,  and  I  will  also  recognize  |  think,  is  the  best  time  to  get  the  committees 
the  propriety  of  giving  him  additional  compen-  together  ;  because  I  remember,  at  the  Conveu- 
sation,  in  consideration  of  such  additional  tion  last  year,  it  was  very  difficult  to  get  meet- 
labor  ;  and  in  the  event  of  the  adoption  of  this  ings  of  the  committees  in  the  evenings,  and  we 
resolution.  I  shall  propose  to  pay  him  one  half-  used  to  call  meetings  after  the  adjournment  in 
day's  additional  salary  for  each  evening  ses-  j  the  morning.  I  think  this  amendment  of  the 
sion.  I  am  willing  to  make  this  distinction  in  '  gentleman  from  Storey  would  certainly  wear 
favor  of  the  Reporter  only,  for  as  to  these  other  \  us  all  out. 

gentlemen,  I  do  not  think  if  we  continue  in  j  Mr.  BROSNAN.  I  will  move  as  an  amend- 
session  in  the  evening,  it  will  make  any  con- 1  ment,  that  we  meet  at  nine  o'clock,  sit  till 
siderable  or  material  addition  to  their  labors.  \  twelve,  and  then  take  a  recess  till  two  o'clock. 
I  would  like  to  see  these  evening  sessions  de-  i  Mr.  BANKS.  Does  that  contemplate  eveu- 
cided  upon,  because  I  think  they  will  shorten  i  ing  sessions? 


128 


EVENING  SESSIONS. 


[5th  dky 


Friday,]  Brosx-vx—Chapis—Dcxne—Fbizell—Tozek—DeLoxg— Warwick— Mckdock.  [July  8 . 


Mr.  BROSNAN.  It  leaves  that  matter  open 
for  tlu'  pro.sout.  I  will  ask  for  the  reading  of 
the  resolution  as  it  would  be  with  my  amend- 
ment. 

The  Secretary  read  as  follows  : — 

/f.<.,'.-<-.(.  That  the  daily  sessions  of  this  Convention 
be  a^  l.)Uows:  From  nine  o'clock,  A.M.,  to  twelve 
o'clock,  M.;  and  trom  two  o'clock,  P.  M.,  to  six  o'clock, 
P.  M. 

Mr.  CHAPIN.  I  do  not  like  that  amend- 
ment ;  it  is  cutting  our  time  all  up.  I  would 
rather  retain  the  old  arrangement,  giving  the 
cotuinitees  the  whole  evening,  and  in  that  way 
they  can  accompli-sh  much  more.  Now  we  only 
get"fairly  warmed  up,  and  ready  for  work  in 
the  morning. 

Mr.  1)L'NNE  raised  a  question  of  order,  that 
the  original  resolution  being  an  amendment 
of  the  rules,  the  amendment  of  Mr.  Grossman 
was  an  amendment  in  the  third  degree,  and 
could  not.  therefore,  be  entertained. 

The  ]>oint  of  order  was  not  sustained. 

Mr.  FUIZELL.  Industry  and  close  applica- 
tion are  good  things,  but  it  is  within  the  bounds 
of  possibflity  to  have  too  much  of  a  good  thing. 
I  have  never  heard  of  a  deliberative  body  that 
la'iorcd  more  hours  than  we  do. 

Mr.  TOZER.    And  brought  forth  lcf?s. 

Mr.  FRlZb-LL.  And  brought  forth  less. 
Wtiy.  sir,  our  fathers,  during  tiie  war  of  the 
rieviilution,  when  there  was  real  danger  around 
them,  did  not  work  harder.  Beu.  Franklin  and 
Sam.  Adams  and  the  other  great  men  of  that 
day,  did  not  work  harder,  even  when  in  the 
midst  of  danger.  I  am  working,  as  we  all 
are,  for  what  I  believe  to  be  the  best  good 
of  my  constituents  ;  but,  at  the  same  time, 
I  do  not  wish  to  sit  here  and  work  more  than 
nine  hours  out  of  the  twenty-four.  I  really 
want  time  to  sleep  and  take  my  meals,  and,  as 
it  is  an  office  of  some  dignity,  I  want  an  oppor- 
tunity occasionally  to  take  a  cocktail  and 
smoke  a  cigar,  and  get  my  feet  up  as  high  as 
my  head,  .S'j  as  to  show  that  I  am  a  free  Amer- 
ican citizen.  [Laughter.]  I  hope  this  resolu- 
tion and  all  tliese  amendments  will  be  voted 
down,  and  that  we  shall  continue  to  sit  here 
nine  hours  a<lay,  as  we  have  bt-en  doing.  Then, 
as  the  gentleman  from  Ormsby  remarked,  if  it 
i.s  necessary,  towards  the  close  of  our  labors,  to 
hold  evening  sessions,  we  can  at  any  time  pro- 
vifh-  for  them. 

Mr.  TOZER.  I  suggest  that  it  might  be  dan- 
gerous for  the  gentleman  to  get  his  feet  as  high 
as  his  head,  lest  his  brains  should  run  down 
into  his  ht-ad.     [Merriment.] 

.Mr.  t'KIZKLL.  No  danger  ;  I  was  not  born 
in  August,  as  I  have  heard  my  colleague  was, 
conseciuontly  I  did  not  melt  and  all  ruu  to  feet. 
[Laughter.] 

The  question  was  taken  on  the  amendment 
Oflered  by  Mr.  Brosnan,  and  it  was  not  agreed  to. 

The  question  was  then  taken  on  the  amend- 
ment offered  by  Mr.  Chapin,  and  it  was  not 
agreed  to. 

The  question  recurred  on  the  adoption  of  the 
rcuolutioQ. 


Mr.  BROSNAN.  I  move  to  amend  the  reso- 
lution by  inserting  after  the  word  "Conven- 
tion," the  words"  until  otherwise  ordered." 

Mr.  DeLONG.  I  move  to  lay  the  resolution 
on  the  table. 

The  question  was  taken  on  the  latter  motion, 
and,  upon  a  division,  the  vote  was — ayes,  15  : 
noes,  10. 

So  the  resolution  was  laid  on  the  table. 

[The  PiiESTiiENT  in  the  chair.] 

Mr.  DeLONG.  Mr.  President,  I  rise  simply 
to  say  that  "  truth  crushed  to  earth  will  rise 
again."     [Laughter.] 

LEAVE    OF  ABSEXCE. 

Mr.  KENNEDY.  I  ask  leave  of  absence 
until  Monday  noon. 

Mr.  WARWICK.  In  view  of  the  industry 
of  the  gentleman  from  Lyon,  and  his  efforts  in 
keeping  the  rest  of  us  here,  I  certainly  hope 
ho  will  not  lose  so  much  time.     [Merriment.] 

The  question  was  taken  on  granting  Mr. 
Kennedy  leave  of  absence  till  Monday,  and  it 
was  agreed  to. 

Jlr.  HOVEY.  I  ask  leave  of  absence  till 
Monday. 

Mr.  BROSNAN.  If  there  are  good  reasons 
why  gentlemen  should  be  ex'cused,  it  is,  per- 
haps, well  that  they  should  be  ;  but  I  hope  the 
Convention  will  consider  the  importance  of  the 
business  we  have  come  here  to  do,  and  that 
quite  a  number  of  members  have  not  appeared 
here  at  all  to  help  us  in  our  deliberations.  I 
certainly  am  not  willing  that  any  gentleman 
should  be  excused,  unless  there  is  good  reason 
for  it. 

Mr.  FRIZELL.  I  will  state  that  my  colleague 
who  asks  leave  of  absence  has  a  good  Christian 
reason— he  was  married  only  about  ten  days 
since.     [Merriment.] 

Mr.  DkLONG.  That  is  a  good  reason  why 
he  should  stay  here  and  send  for  his  wife. 

Mr.  HOVEY.  I  have  really  urgent  business 
which  requires  my  absence. 

Mr.  TOZER.  I  hope,  if  he  is  going  to  see 
his  uncle,  and  his  wife,  too,  he  will  have  leave. 
[Laughter.] 

The  question  was  taken  on  granting  Mr. 
Hovey  leave  of  absence  till  Monday,  and  it 
was  agreed  to,  upon  a  division — ayes,  23  ;  noes 
not  counted. 

Mr.  MURDOCK.  In  consequence  of  personal 
business,  and  further,  perhaps,  for  the  iMMiefit  of 
my  constituents  at  home,  I  ask  leave  of  absence 
until  this  afternoon. 

The  question  was  taken,  and  leave  was 
granted. 

Mr.  BELDEN.  I  ask  leave  of  absence  from 
to-morrow  morning  until  Monday  morning. 

The  question  was  taken,  and  leave  was 
granted. 

SECOXD   READIXG   OF   ARTICLES. 

On  motion  of  Mr.  DeLONG,  Article  III,  en- 
titled Distribution  of  Powers,  and  Article  IV, 
entitled  Legislative  Department,  were  taken 
from  the  general  file,  read  a  second  time  by 


5th  day.] 


RIGHT  OF  SUFFRAGE. 


129 


Friday,] 


DeLoxg — CoLiJNS— Johnson. 


[July  8. 


title,  and  referred  to  the  Committee  of  the 
Whole. 

Mr.  DkLOXG.  I  now  move  that  the  Con- 
vention resolve  itself  into  Committee  of  the 
Wholf*  for  the  consideration  of  Articles  II,  III, 
and  IV. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

COMMITTEE   OF   THE   Vt^OLE. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (Mr.  DeLong  in 
the  Chair,)  for  the  consideration  of  the  several 
matters  referred  to  the  Committee,  first  resum- 
ing the  consideration  of  Article  II. 

RIGHT    OF    SUFFRAGE. 

The  CHAIRMAN.  The  question  is  on  adopt- 
ing the  sul»stitute  oflered  by  the  gentleman 
from  Nye,  (Mr.  Proctor,)  for  Section  10.  of  Ar- 
ticle II,  entitled  Right  of  Suftrage.  The  Secre- 
tary will  read  the  substitute  proposed. 

The  SECRETARY  read,  as  follows  :— 

Sec.  10.  All  citizens  of  the  United  Slates,  and  hona  ! 
Jkle  residents  of  the  Territory  of  Nevada,  on  the  21st 
day  of  ftlarch,  A.  D.  1861,  qualified  by  law  to  vote  for 
representatives  to  the  General  Assembly  of  said  Terri- 
tory, and  all  who  have  become  qualified  voters  of  tliis 
Territory  since  that  time,  shall  be  qualified  to  vote  for 
or  against  this  Constitution. 

Mr.  COLLINS.  I  find  that  Section  3  of  our 
Enaljling  Act  permits  no  one  to  vote  on  the 
acceptance  or  rejection  of  our  State  Constitu- 
tion, except  those  who,  Vjy  the  laws  of  this  Ter- 
ritory, were  entitled  to  vote  on  the  2 1st  of 
March.  1864.  But  subsequently,  in  Section  5. 
the  same  question  is  brought  up  again.  I  will  ^ 
read  a  portion  of  that  section  : — 

Sec.  5.  And  be  it  further  enacted.  That,  in  case  a 
Constitution  and  State  Government  shall  1)e  formed  for 
the  peoiale  of  said  Territory  of  Nevada,  in  compUance 
with  the  provisions  of  this  Act,  that  said  Convention 
forming  the  same  shall  provide  by  ordinance  for  sub- 
mitting said  Constitution  to  the  people  of  said  State  for 
their  ratification  or  rejection,  at  an  election  to  be  held 
on  the  second  Tuesday  of  October,  one  thousand  eight 
hundred  and  sixty-four,  at  such  places,  and  under  such 
regulations  as  may  be  prescribed  therein,  at  which 
election  the  lawful  voters  of  said  new  State  shall  vote 
directly  for  or  against  the  iiroi^osed  Constitution. 

Evidently,  the  author  of  this  section  had  in 
his  mind  the  six  months,  or  nearly  that  time, 
intervening  between  the  2 1st  of  March,  or  the 
date  of  the  passage  of  this  Enabling  Act,  and 
this  second  Tuesday  of  October  ;  and  evidently 
the  design  is  here  to  give  to  all  persons  who 
may  be  lawful  voters  under  the  Territorial 
laws,  at  the  time  the  Constitution  is  submitted, 
the  privilege  of  voting  on  the  adoption  or  re- 
jection of  that  Constitution.  I  have  therefore 
drawn  up  a  section,  a  part  of  which  is  as  nearly 
as  possible  in  the  language  of  that  portion  of 
*he  Enabling  Act.    I  will  read  it : — 

Sec.  10.  All  persons  qualified  by  law  to  vote  for 
representatives  to  the  General  Assembly  of  the  Terri- 
tory of  Nevada  on  the  21st  day  of  March,  1861,  and  all 
other  persons  who  may  be  lawful  voters  in  said  Terri- 
tory on  the  first  Wednesday  of  September  next  follow- 
ing, shall  be  entitled  to  vote  directly  vipon  the  question 
of  adopting  or  rejecting  this  Constitution  ;  and  further, 
that  aU  citizens  of  the  United  States,  bona  fide  residents 


of  said  Territory  at  the  time  pro\-ided  in  tliis  Constitu- 
tion for  the  first  election  to  be  holden  under  its  pro- 
^'isions,  and  who  shall  possess  the  other  qualifications 
of  electors,  herein  provided,  sliaU  be  entitled  to  vote 
for  the  election  of  all  officers  to  be  elected  at  such 
election. 

I  am  aware  that  there  are  difficulties  con- 
nected with  this  subject,  inasmuch  as  it  may 
probably  be  said  that  those  parties  who  may  be 
entitled  by  this  section  to  vote  in  September, 
may  have  infracted  some  of  the  conditions 
prescribed  in  Sections  1  and  2  of  this  Ar- 
ticle ;  but  I  see  no  way  of  escape  from  this 
direct  obligation  imposed  upon  us  by  the  Or- 
ganic Act.  and  I  think  it  unsafe,  and  likely 
to  jeopardize  the  Constitution  if  we  attempt- 
ed it ;  because  Congress  has  made  certain 
provisions,  and  marked  out  a  certain  path  for 
us  to  pursue,  and  the  President  of  the  United 
States  will  not  be  entitled  to  proclaim  that  Ne- 
vada is  a  State  in  the  Union,  under  the  author- 
ity given  by  Congress,  even  after  the  adoption 
of  the  Constitution  by  the  people,  if  we  do  not 
fulfil,  in  letter  and  spirit,  all  the  requirements 
of  the  Enabling  Act.  Now,  there  may  be  doubt 
in  the  minds  of  some,  whether  or  not  this  Sec- 
tion 5  does  really  contemplate  that  those  parties 
shall  vote  on  the  Constitution  who  shall  have 
acquired  a  residence,  and  become  legal  voters, 
subsequent  to  March  21,  18(i4 — whether  or  not 
the  writer  had  that  in  his  mind.  For  you  will 
readily  see  that  if  the  provision  in  Section  5 
did  not  exist,  no  one  but  those  who  were  elect- 
ors on  the  2Ist  of  March,  1864,  would  be  enti- 
tled to  vote  at  the  subsequent  election.  And 
if  the  3d  Section  did  not  exist,  but  the  5th 
Section  only,  then  all  persons  who  were  quali- 
fied electors  at  the  time  of  the  submission  of 
the  Constitution  to  the  people,  and  none  others, 
would  be  entitled  to  vote  upon  it.  Then  there 
may  be  a  doubt  either  way,  but  if  such  a  doubt 
exists,  we  have  a  right  to  interpret  it  in  favor  of 
allowing  those  to  vote  who  are  qualifii  d  under 
the  provisions  of  this  Enabling  Act,  as  well  as 
those  who  may  have  become  qualified  at  the 
time  of  the  submission  of  the  Constitution  ; 
and  I  think  the  President  of  the  United  States, 
if  the  matter  were  brought  to  his  attention, 
would  be  of  the  same  opinion.  I  think  it  will 
be  safe  for  us  to  amend  this  section  as  I  have 
proposed,  and  then  adopt  it. 

Mr.  JOHNSON.  Now.  Mr.  Chairman,  if  I 
conceived  there  was  any  doubt  as  to  who  were 
authorized  to  vote  upon  the  acceptance  or  re- 
jection of  the  Constitution,  I  should  certainly 
vote  for  the  amendment  oflered  by  the  gentle- 
man from  Nye,  (Mr.  Proctor).  But  I  do  not 
think  this  amendment  oftered  by  the  gentleman 
from  Storey  meets  the  difficulty  ;  because  if 
this  section  is  susceptible  to  objection,  as  it 
stands  in  the  original,  without  the  amendment 
of  the  gentleman  from  Nye,  on  the  ground  that 
it  does  not  give  the  right  of  voting  to  those 
who  are  prescribed  as  voters  in  the  Enabling 
Act,  then,  with  this  amendment,  it  is  liable  to 
the  same  objection,  because  it  gives  the  right 
of  voting  to  others  than  those  defined  in  the 


130 


RIGHT  OF  SUFFRAGE. 


[5th  day. 


Friday,] 


Johnson — Baxks. 


[July  8. 


Enabline  Act.  as  specified  in  the  amendment  i  certain  resolution  and  ordinances.    These  are 


of  Ibe  jieiitk-mau  from  Storey.  (Mr.  Colhus) 
Now.  ?ir.  if  it  he  true  that  those  who  were  legal 
voters  on  the  21st  of  March  last,  by  the  laws 
of  the  Territory  of  Nevada,  are  entitled  to 
vote  on  the  Constitution,  it  is  equally  true 
that  nobody  el.se  is  entitled  to  vote  upon  that 
instrument. 

The  CH.\IRMAN.  Does  the  gentleman  from 
Storey,  (Mr.  Collins.)  oft'er  his  ameudment  as 
an  ameudment  to  the  amendment  oll'ered  by 
the  gentleman  from  Nye'' 

Mr.  COLLINS.  Yes,  sir,  as  an  amendment 
to  the  amendment. 

Mr.  JOHNSON.  I  hope  I  may  be  able  to 
make  myself  understood  on  this  propo.sition. 
If  we  are  bound  by  the  Enabling  Act,  and  that 


the  conditions  precedent  to  our  admission.  But 
as  to  other  matters,  in  which  thi-re  might  seem 
ti)  be  to  some  extent  a  conflict  between  the 
Enabling  Act  and  our  State  Constitution,  there 
is  no  authority  existing  on  the  part  of  the 
President  to  refuse,  and  he  would  not  assume 
the  prerogative  of  refusing  us  admission  on  that 
account.  In  those  matters,  as  I  have  said,  the 
State  Constitution  would  necessarily  yield  to 
the  superior  authority  of  the  Enabling  Act. 

I  care  little  what  the  action  of  the  Conven- 
tion shall  be  in  this  matter.  If  the  judgment 
and  sense  of  the  Convention  be  that  all  those 
who  were  authorized  to  vote  under  the  laws  of 
the  Territory  on  the  21st  day  of  March,  1864, 
hall  have  the  power  and  authority  to  vote  for 


does  prescribe  who  shall  vote  upon  the  accept-  j  the  acceptance  or  rejection  of  this  Constitution, 
ance  or  rejection  of  the  Constitution,  then,  I  be  it  so  ;  I  am  not  particular  about  it,  save  in 
Bav,  vou  cannot  go  beyond  it,  and  say  that  the  matter  of  consistency.  I  do  not  propose, 
other  than  those  shall  vote.  I  think  that  is  the  |  so  far  as  my  individual  action  goes,  to  prescribe 
logical  si(iuence  of  the  proposition.  And,  for  |  rigid,  strict,  stringent  rules  in  this  Constitution 
that  reason,  I  say  that  one  of  two  things  is}  to  guide  and  govern  every  voter,  in  every  elec- 
true  :  either  we  are  invested  with  the  absolute  tion  to  be  held  hereafter,  and  yet,  forsooth, 
power  and  authority — as  I  conceive  to  be  the  j  upon  the  important  question  of  the  adoption  of 
fact — of  saying  who  shall  vote,  or  else  we  are  this  same  instrument,  to  say  that  persons  who 
bound  down  by  the  conditions  which  gentle- !  could  not  be  allowed  the  privileges  of  voters 
men  conceive  are  contained  in  the  Enabling  1  under  the  terms  propo.sed  to  be  established  by 
Act.  There  is  no  halting  place  between  these  :  it,  shall  nevertheless  have  the  privilege  of  corn- 
two  propositions.  We  can  no  more  say  that  ing  in  and  voting  under  that  same  instrument, 
others  shall  vote,  who  were  not  legal  voters  on  for  its  acceptance  or  rejection.  That  is  my 
the  21st  day  of  March  last,  than  we  can  say;  position,  and  I  do  not  think  that  the  Enabling 
that  they  shall  possess  other  qualifications,  [  Act  has  anything  to  do  with  the  matter  at  all, 
such  as  those  which  are  contained  in  the  Con-  or  that  it  binds  or  restricts  us  on  the  subject  in 
etitution   which   constitutes   the   basis   of  our  1  any  degree  whatever. 

action.  It  is  unnecessary  to  go  over  the  ground,  i  Mr.  BANKS.  Either  the  gentleman  from 
or  repeat  the  arguments  which  were  advanced  |  Storey,  who  has  just  spoken,  (Mr.  Collins),  and 
by  various  gentlemen  last  evening.  The  ex- 1  the  gentleman  from  Ormsby,  (Mr.  Johnson), 
amiuation  I  have  made  of  this  Act  on  repeated  |  are  both  very  much  mistaken  in  regard  to  this 
occasions  has  satisfied  me,  at  bsast,  that  we  are  matter,  or  I  am  ;  and  I  would  like  to  tind  out 
not  bound  and  restricted  in  this  respect,  and !  which,  or  who,  are  laboring  under  this  very 
that  those  restrictions  as  to  the  qualifications  |  serious  mistake.  And  in  order  to  do  that,  if 
of  voters  under  the  laws  of  the  Territory  ap-  j  the  committee  are  willing,  I  would  like  to  ask 
plied  solely  to  the  election  of  members  or  del- 1  those  gentlemen  a  few  questions.  It  has  been 
egates  to  this  Convention.  I  think,  therefore, !  claimed,  I  think  with  a  great  deal  of  force,  by 
that  it  is  not  a  tenable  projjosition  to  say  that  the  gentleman  from  Storey,  (Mr  Collins),  that 
if  we  incorporate  a  provision  admitting  to  the  |  Section  .5  of  this  Enabling  Act  provides  that 
rijiht  of  voting  others  than  those,  or  others  in  ;  every  person  who  shall  be  an  elector  at  the 
addition  to  those  who   were  voters  on  the  21st    time  the  Constitution    is   submitted,  shall   be 


day  of  March.  18(54,  \'„  would  operate  neces 
sarily  to  induce  a  refusal  on  the  part  of  the 
President  to  proclaim  our  State  admitted  into 


allowed  to  vote.  And  he  bases  his  argument, 
and  I  think  properly,  upon  these  words — I 
would  like  to  call  the  especial  attention  of  the 


the  Union.     Because,  if  there  were  anything  in  i  gentleman  from  Ormby  while  I  read  them 

our  Constitution  inimical  or  contrary  to  the  |      The  CHAIRMAN.     The  Chair  has  no  power 

provisions  of  the  Ena'iling  Act.  the  construe-    to  command  gentlemen's  attention. 

tion  would  be  simply  this,  that  the  Enabling  Act  I      Mr.    BANKS.     The    election   at   which   this 

would  take  precedence,  and  override  whatever  I  Constitution  shall  he  submitted,  the  Enabling 

there  might  be  in  the  Constitution  adver.se  to  I  Act  provides,  shall  be  held 

that  Aft  of  CongresH;  that  any  such  adverse!      "At  su.-h  placr.s  and  under  such  regulations  as  may 


provision  in  the  Constitution  would  be  held  in 
aljeyance,  and  would  be  compelled  to  difer  to 
the  Enabling  Act.  The  President  is  to  admit  us 
by  his  procldtnation,  upon  our  compliance  with 
ctTtuin  pre-re(|uisites.  amongst  which  are  the 
adoption  of  a  Constitution  that  must  be  rc;- 
publicau  in  its  form,  and  aUo  the  adoption  of  a 


be  prescribed  therein  "- 

That  is,  in  the  Constitution. 

—  "At   which  election  the  lawful  voters  of   said  new 

State  shall  vote  directly  for  or  against  the  proposed 

Constitution." 

That  is,  the  lawful   voters  of  the  proposed 
new  State  shall  be  allowed  to  vote.    Now,  I 


5th  day.] 


RIGHT  OF  SUFFRAGE. 


131 


Friday,] 


Johnson — Banks. 


[July  8. 


did  not  desire  to  interrupt  the  gentleman  from 
Ormsby,  but  I  ask  him,  atid  I  ask  gentlemen  of 
the  Convent'on,  whether  tbe,-e  words  rtferring 
to  the  electors  of  the  proposed  new  State  do 
not  mean  just  this — those  who.  under  our  own 
local  regulations,  are  allowed  to  vote?  Cer- 
tainly there  can  be  no  language  more  clear 
and  plain  than  that.  Now.  in  addition  to  that, 
it  is  prescribed  in  Section  3  that 

"All  persons  qualified  by  law  to  vote  for  represen- 
tatives to  tlie  General  Assembly  of  said  Territory  at 
the  passage  of  this  act,  shall  be  quaUfied  to  be  elected, 
and  they  are  authorized  to  vote  for  and  choose  repre- 
sentatives to  form  a  Convention." 
That  is  one  thing,  but  it  is  not  all.  They  are 
also  authorized 

"  To  vote  upon  the  acceptance  or  rejection  of  such  \ 
Constitution  as  may  be  formed  by  said  Convention."      \ 

1 
Then,  in  Section  5,  we  have  a  clause  which  ' 
authorizes  them  to  vote,  and  in  Section  3  we 
have  another  clause  which  authorizes  them  to 
vote.  These  things  are  specifically  provided 
in  the  Enabling  Act,  and  I  want  to  know  why  in 
the  name  of  all  that  is  reasonable  we  must  not 
comply  with  them?  If  we  do  not  comply  with 
the  terms  of  these  two  sections,  so  specifically 
laid  down  for  our  government  and  guidance, 
I  do  not  think  the  President  of  the  United  States  ' 
will  have  any  right  to  admit  us  as  a  State  by 
his  proclamation.  At  any  rate,  I  doubt 
whether  he  would  do  so.  Therefore  I  think  it 
is  absolutely  nee  ssary  that  we  should  adopt 
either  the  amendment  offered  by  the  gentleman 
from  Nye,  (Mr.  Proctor,)  or  that  proposed  by 
the  gentleman  from  Storey,  (Mr.  Collins.)  I 
prefer  the  latter,  for  this  reason,  that  it  em- 
bodies the  same  ideas  as  that  of  the  gentleman 
from  Nye,  but  at  the  same  time  the  gentleman 
has  couched  his  amendment  in  the  language  of 
the  Enabling  Act,  and  thus,  I  think,  has  avoided 
any  ambiguity  or  doubt  which  might  arise  under 
the  amendment  as  proposed  by  the  gentleman 
from  Nye. 

Mr.  JOHNSON.  Whilst  questions  are  in 
order,  will  the  gentleman  allow  me  to  ask  him 
a  question,  to  elucidate  this  matter? 
Mr.  BANKS.  That  is  just  what  I  want- 
Mr.  JOHNSON.  If  the  Enabling  Act  pro- 
vides that  those  who  were  voters  on  the  21st 
of  March,  1864,  shall  have  a  right  to  vote 
for  or  against  the  Constitution,  is  it  competent 
for  this  Convention  to  provide  that  any  others 
shall  have  a  right  to  vote  on  the  same  question? 
Mr.  BANKS.  That  is  the  question  in  point, 
exactly,  and  it  brings  out  the  strong  point  in 
this  whole  matter.  The  gentleman  asks  me,  if 
I  understand  him  correctly,  whether,  if  the 
Enabling  Act  provides  that  all  persons  who  are 
qualified  by  law  to  vote  for  representatives  to 
the  General  Assembly  of  the  Territory  on  the 
21st  of  March,  1864,  shall  be  authorized  to 
vote  for  the  acceptance  or  rejection  of  this 
Constitution,  anybody  else  can  be  authorized 
to  vote.    Is  that  the  question  ? 

Mr.  JOHNSON.    Yes,  sir ;  whether  we  can 
authorize    anybody    else   to    vote,    upon   the 


acceptance  or  rejection  of  the  Constitution. 
Is  it  competent  for  the  Convention  to  enlarge 
the  area  of  voters,  as  prescribed  by  the 
Enabling  Act? 

Mr.  BANKS.  Very  good — I  say  no.  It  is 
not  competent  for  this  Convention  to  enlarge 
the  area,  as  to  who  shall  vote,  but  it  was  com- 
petent for  those  who  made  the  Enabling  Act, 
for  those  who  made  this  Section  3,  to  make  an- 
other section— Section  5 — and  to  provide  ia 
that  Section  5  as  follows  : — 

"  The  lawful  voters  of  said  new  State  shall  vote 
directly  for  or  against  the  proposed  Constitution." 

So,  you  will  see,  Mr.  Chairman,  that  while  a 
certain  class  of  voters  is  provided  for  in  the 
third  section,  a  larger  class  is  provided  for  in 
I  the  fifth  section. 

!  Mr.  JOHNSON.  What  does  the  gentleman 
understand  by  that  term  "  lawful  voters  ?" 
Those  who  are  lawful  voters  under  the  laws  of 
the  Territory,  or  under  this  Constitution  ? 

Mr.  BANKS.    That  is  another  question  ia 

point.    '-Lawful  voters  of  said  new  State'"  is 

;  the  language,  and  the  gentleman  from  Ormsby 

asks   what    that    means.      Some   claim,  and  I 

think   the   gentleman  claims  it,  that  it  means 

those   who   are  authorized   to  vote  under  the 

'.  terms  of  this  Enabling  Act.    I  say  that  is  not 

what  Congress  meant.    Congress  meant  by  this 

term,  all  those  who  under  our  local  regulations 

are  authorized  to  vote  at  the  time  the  Consti- 

'  tution  is  submitted.     It  saj'S,  •'  lawful  voters  of 

said  new  State."'     If  Congress  had  meant  only 

those  who  were  authorized  to  vote  in  Section  3, 

;  Congress  would  not  have  made  use  of  this  uni- 

j  versal  language,  but  would  have  said,  "  those 

who  under  the  provisions  of  this  Act  are  en- 

j  titled  to  vote."    That  would  be  the  invariable 

phraseology  in  such  a  case.    But  they  do  not 

use  it.     They   say   what  they   mean,  that  the 

'  lawful   voters   of  the  propo.sed  or   new  State 

shall  be  entitled  to  vote. 

Mr.  JOHNSON.  I  think  the  gentleman 
misapprehends  me.  I  ask,  does  he  understand 
that  term  "lawful"'  as  applying  to  those  who 
i  are  lawful  voters  under  the  laws  of  the  Ter- 
ritory, or  those  who  are  declared  lawful  voters 
under  this  Constitution  ? 

i  Mr.  BANKS.  Under  the  laws  of  this  Ter- 
I  ritory. 

i  Mr.  JOHNSON.  Then  how  is  it  possible 
;  that,  under  this  amendment,  proposed  by  the 
1  gentleman  from  Storey,  (Mr.  Collins,)  we  can 
!  admit,  in  addition  to  those  who  are  lawful 
I  voters  under  the  laws  of  the  Territory,  those 
I  who  are  lawful  voters  under  the  Constitution 
which  we  propose  to  adopt? 

Mr.  BANKS.    I  do  uot  think  that  construc- 
I  tion  is  correct.  , 

j  Mr.  JOHNSON.  That  certainly  is  the  effect 
!  of  it.  I  will  state  the  language  of  the  amend- 
i  raent  again,  with  the  permission  of  the  Com- 
mittee. It  reads  :— 
I  "All  persons  quahfled  by  law  to  vote  for  represerta 
I  tives  to  the  General  Assembly  of  the  Territory  of  Ke. 
;  vada  on  the  21st  day  of  March,  1864,  and  aU  other  per- 


132 


RIGHT  OF  SUFFRAGE. 


[5th  da}'. 


Friday,] 


CoLi.ixs — Johnson — Banks — Dunne. 


[July  8. 


Bons  who  m»y  be  lnwf  lU  voters  in  said  Territory  on  the 
first  Wean.'silav  of  Supteuiber  next  foUowmK.  sball 
b..'  tiitiUoa  to  \\.t.>  ainvtly  upon  the  question  of  adopt- 
insjor  rfj"etin;j  this  Coiistitution:  and,  further,  that 
■ifiitizoas  of  the  Tuited  St;ites,  Imna  fide  residents  of 
sa' 1  Territory  at  the  time  provided  in  this  Constitution 
for  i!iu  first  i-lectiou  to  be  holdeu  under  its  provisions, 
BUd  who  shall  possess  the  other  qualifications  of  elec- 
tors herein  provided  " — 
That  is,  ia  tliis  Constitution  provided — 
— "Sliall  be  entitled  to  vote  for  the  election  of  all  officers 
tob  •  eleelid  at  sueh  election." 

Mr.  COLLINS.  The  first  part  of  it  refers  to 
thiit  which  is  embodied  in  Section  3  of  the  En- 
abling Act.     It  says:— 

••.\U  persons  qualified  by  law  to  vote  for  representa- 
tives to  the  General  Assembly  of  the  Territory  of  Ne- 
vada on  the  21st  day  of  .March,  18G4." 

That  embodies,  in  substance,  the  language  em- 
ployed inS  ction  3.  Then,  six  months,  or  nearly 
that,  intervening  between  the  21st  of  March 
and  the  second  Tue.sday  in  October,  the  time 
originally  fixed  for  the  election  upon  the  Con- 
stitation,"  the  writer  of  this  Enabling  Act  saw 
the  injustice  which  was  being  done  to  all  those 
who  would  become  legal  voters  in  the  interim, 
and  he  add-;  the  words  in  Section  5,  which  are 
substantially  embraced  in  the  following  clause  : 

".And  all  other  persons  who  may  be  lawful  voters  in. 
Slid  Territory." 

That  is,  who  may  be  lawful  voters  under  the 
laws  of  the  Ti-rritory  of  Nevada.  Because  the 
Lnalding  Act,  in  Section  3,  says  that  all  persons 
who  may  be  legal  voters  of  the  Tenitory  of  Ne- 
vada on  the  21st  of  March,  li^lH,  shall  bo  enti- 
tled to  vote,  etc.,  therefore  we  have  a  right  to 
suppose  that  the  writer,  when  he  drew  the  5th 
Section,  had  in  view  the  si.x  months  intervening 
tinii'.  and  the  idea  that  a  consideral)le  number 
of  ixTsons  might  l)ecome  voters  in  the  interim, 
a;id  therefore  provided  that  all  other  persons 
who  might  become  lawful  voters  should  be  al- 
lowed to  vote  for  the  acceptance  or  rejection  of 
this  Constitwiion.  Hence  we  provide,  by  this 
arnoinlment.  that  Ijoth  classi's,  or  all  who  come 
within  either  deseri])tion,  on  the  lirst  Wednesday 
in  .■^••ptenil)er,  tlie  date  when,  under  the  Act 
ami'iidatory  of  the  Enabling  Act,  the  Constitu- 
tion is  to  be  .submitt<'d,  ••  shall  be  entitled  to 
vote  directly  upon  the  ipu'stion  of  adoi)ting  or 
rejecting  this  Constitution"'  Now  what  follows 
that  language  has  nothii;g  to  do  with  the  vote 
upon  the  Constitution.  The  Enabling  Act  makes 
no  provi?<ion  in  regard  Ui  the  election  of  State 
oflieers  iimler  liie  Constitution,  and  this  j)art  of 
tlie  amendatory  section  is  adiled  as  lu-arly  as 
possible  in  the  language  of  the  original  Section 
10.  of  Artiel.-  II,  of  the  old  Constitution.  That 
whirh  I  have  already  read  has  reference  only  to 
the  adoption  of  the  Constitution,  and  is  drawn, 
or  atleinptefl  to  be  drawn,  in  conformity  with 
the  Enabling  .Vet ;  all  following  that,  has  refer- 
entre  solely  lo  the  election  of  the  ollicers  who 
may  be  created  by  this  Constitution.  1  will 
road  that  portion  : — 

Tliat  all  riti7.<'nH  of  the  United  States,  ttonn  fide  resi- 
dcntH  of  «aid  Tirritory  at  the  time  provided  in  this 
CoUDtituliou  for  the  tixat  election,  to  be  holdeu  under 


its  provisions,  and  who  shall  possess  the  other  qualifi- 
cations of  electors,  herein  provided,  shall  be  entitled 
to  vote  for  the  election  of  all  otiicers  to  be  elected  at 
such  election." 

Mr.  JOHNSON,  ^\^lat  do  you  do  with  the  latter 
part  of  this  clause?  Upon  the  hypothesis  that 
the  Constitution  cannot  prescribe  who  shall  be 
the  voters  at  that  election,  upon  what  authority 
do  you  adopt  the  latter  clause  —  "and  who 
shall  possess  the  other  qualifications  of  electors 
herein  provided?  •' 

Mr.  COLLINS.  I  will  try  to  make  myself 
clear  on  this  third  proi)osition,  if  I  have  suc- 
ceeded in  doing  so  on  the  other  two.  First,  we 
provide  who  shall  be  the  voters  on  the  adoption 
or  rejection  of  this  Constitution,  conforming  our 
action  in  that  regard  to  the  requirements  of  the 
Enabling  Act,  and  then  comes  in,  after  the 
adoption  of  the  Constitution,  another  clause, 
which  I  have  just  read,  iu  reference  to  those 
who  are  to  vote  in  the  election  of  officers  un- 
der the  Constitution,  in  regard  to  which  election 
the  Eiuibling  Act  is  entirely  silent,  and  there- 
fore this  Convention,  I  conceive,  is  omnipotent 
on  that  question.  This  is  an  entirely  independ- 
ent clause,  as  gentlemen  will  perceive. 

Mr.  JOHNSON.  Then  it  might  be  made  a 
new  section. 

Mr.  COLLINS.  Yes  ;  but  in  the  old  Consti- 
tution it  is  all  in  one  section,  and  you  will  find 
that  that  requires  and  establishes  the  same 
qualifications  for  voters  iu  the  election  of  offi- 
cers as  in  the  election  upon  the  Constitution. 
It  goes  on  first  to  specify  the  qualifications,  and 
says  that  all  citizens  thus  qualified  — 

"Shall  be  entitled  to  vote  for  the  election  of  all  officers 
to  be  elected  at  such  election,  and  ux>ou  the  question  of 
adopting  or  rejecting  this  Constitution." 

Both  subjects  are  embodied  in  the  same  sec- 
tion, and  I  have  taken  the  liberty  of  doing  the 
same  thing  here  in  my  amendment. 

jAlr.  BANKS.  I  am  glad  the  gentleman  has 
exi)lained  the  matter,  and  I  think  we  had  ])etter 
divide  his  amendment  into  two  sections.  Here 
he  has  provided  for  voting  on  the  Constitution, 
recognizing  the;  two  classes  of  voters  provided 
for  in  the  Enabling  Act ;  and  he  has  provided  in 
the  latter  part,  which  ought  to  constitute  a  sep- 
arate section,  I  think,  for  the  exercise  of  the 
constitutional  right  of  suffrage  under  the  Con- 
stitution, after  its  adoption.  So  far  as  the 
adoption  of  the  Constitution  is  concerned,  the 
construction  of  the  gentleman  from  Orinsby, 
(Mr.  Johnson.)  is  not,  I  think,  justified  by  the 
langimge  of  the  amendment,  and  I  hope  it  will 
be  adopted  substantially  as  proposed  by  the 
gentleman  from  Storey. 

Mr.  DL'NNE.  I  confess  that,  notwithstanding 
the  lengthy  discussion  we  have  had,  I  am  still 
of  the  same  opinion  I  was  last  night.  I  adhere 
to  that  opinion  for  this  reason  :  I  believe  that 
the  general  rule  in  regard  to  the  construction  of 
statutes  is,  that  where  there  are  powers  granted 
in  any  two  different  portions  of  the  same  stat- 
ute, and  where  the  subsequent  portion  seems  to 
distinctly  and  intentioiuilly  enlarge  or  abridge 
the  power  granted   in   the  first  portion,  and 


5th  day.] 


RIGHT  OF  SUFFRAGE. 


133 


Friday,] 


JOHXSOX — DUXXE — Frizei-l. 


[July  8. 


where  it  was  evident  that  it  was  the  intention 
distinctly  of  the  Legislature  so  to  do,  the  sub- 
sequent portion  of  the  statute  governs.  I  think 
gentlemen  have  been  in  error,  or  else  I  am,  in 
considering  that  Section  5  of  the  Enabling  Act 
intentionally  enlarges  the  powers  granted  in 
Section  3.  The  powers  are  distinctly  recited  in 
Section  3,  and  Section  5  relates  to  another  sub- 
ject altogether.  Section  3  relates  to  the  right 
of  suffrage  ;  it  defines  who  shall  be  allowed  to 
vote  ;  and  Section  5  applies  to  another  snbject 
altogether,  because  it  does  nothing  to  further, 
explain,  limit  or  abridge,  in  any  way  whatever, 
the  right  of  suffi'age.  It  relates  expressly  to  a 
different  subject,  and  whatever  else  is  mentioned 
in  it  is  mentioned  incidentally,  because  the  ob- 
ject of  Section  5  is  merely  this — to  empower  the 
President  of  the  United  States,  by  his  proclama- 
tion, to  admit  the  new  State,  after  it  shall  have 
complied  with  all  the  provisions  and  require- 
ments of  this  Enabling  Act.  That  l)eing  the 
intention  of  the  section,  and  the  words  in  it 
relating  to  the  right  of  suffrage  being  used  only 
incidentally.  I  do  not  think  it  can  be  considered 
as  enlarging  the  powers  granted  in  Section  3. 
I  consider,  again,  if  I  understand  the  gentleman 
from  Ormsby  correctly,  that  I  differ  with  him 
materially  with  regard  to  the  jjowers  which  the 
people  of  this  Territory  have,  by  their  re2)re- 
sentatives  here  in  Convention  assembled,  with 
regard  to  limiting  the  right  of  persons  to  vote 
npon  the  ratification  or  rejection  of  the  Consti- 
tution which  we  may  adopt  here.  Because,  I 
conceive,  tliat  whatever  of  }iolitical  rights  we 
have  in  this  Territory,  we  derive  altogether 
from  the  General  Government. 

Mr.  JOHNSON  (interrupting).  I  do  not  as- 
sume that  Congress  had  not  the  power  to  re- 
strict us — bv  no  means. 

Mr.  DUNNE.  Will  the  gentleman  state  his 
explanation  again. 

Mr.  JOHNSON.  It  comes  to  this  :  I  say  that 
Congress  has  not  done  it ;  not  that  Congress 
had  not  the  power  to  do  it. 

Mr.  DUNNE.  Then  we  still  differ ;  because 
Congress  has  defined.  I  think,  what  powers  we 
have.  That  is  the  point  of  difference.  I  hold 
that  the  only  powers  the  people  of  this  Territory 
possess,  are  derived  from  the  express  grant  of 
Congress — that  until  our  Organic  Act  was 
passed,  we  constituted  no  ])art  of  the  people  of 
the  United  States.  We  had  no  hand,  nor  vote, 
nor  voice,  in  the  making  or  framing  of  the 
laws  :  we  had  no  power  in  regard  to  our  own 
local  affairs  ;  we  had  no  ])olitical  rights  what- 
ever. The  Organic  Act  is,  in  one  sense,  a  Con- 
stitution to  us.  It  is  a  charter  of  rights  granted 
to  us  by  Congress.  Congress  has  the  power  of 
enlarging  those  rights,  or  of  limiting  them. 
■The  Enabling  Act  being  subsequent  to  the  Oi'- 
ganic  Act,  so  far  as  it  contains  anything  in  con- 
flict with  that  act,  is  an  amendment  of  it,  and 
fc-'upersedes  it.  and  from  that  I  think  it  follows 
that  we  have  no  rights  whatever,  except  what 
are  expressly  granted  to  us  in  this  Eimbling 
Act.   Then  the  question  in  my  mind  is,  whether 


j  or  not  Congress  has  prescribed  the  persons  who 
are  to  be  allowed  to  vote  on  this  Constitution  ; 
and,  then,  if  my  theory  be  correct  in  regard  to 
j  the  effect  of  Section  5 — that  it  docs  not  enlarge 
the  powers  granted  in  Section  3,  because  it  does 
not  expressly  relate  to  the  Right  of  Suffrage,  but 
!  mentions  it  incidentally,  employing  only  the 
words   "lawful  voters,"  and  not  defining  what 
are  lawful   voters  —  I    think    that    the"  word 
: "  lawful,"  there  employed,  refers  back  to  the 
I  third  section  of  the  Enabling  Act,  Avhere  the 
right  of  suffrage  is  specifically  defined.     If  that 
position  be  correct,  and  1  thiiik  it  is,  I  shall  be 
obliged  to  vote  against  the  amendment. 
I     Mr.  FRIZELL.    I  suppose  this  debate  has 
continued  about  long  enough,  but  I  propose, 
nevertheless,  to  say  a  few  Avords  on  the  subject. 
Here  we  find  that  Section  3,  which  section  ap- 
plies almost  entirely  to  the  organization  of  this 
Convention,  to   the   election   of  its  members, 
contains  certain  provisions  in  regard  to  voting. 
j  Then  we  find  in  Section  5,  where  the  Enabling 
Act  directs  that  the  Constitution  shall  be  sub- 
j  mitted  to  the  people,  that  the  same  language 
j  precisely  is  used,  or  its  equivalent — the  phrase 
'•lawful  voters" — that  we  find   in  Section   8. 
Now.  the  query  arises,  as  propounded  l)y  the 
gentleman  from  Ormsby,  (Mr.  Johnson),  what 
meaning  or  construction  you  are  to  put  upon 
that  term  "  lawful  voters."    By  taking  Section 
j  3  and  Section  5  in  conjunction,  considering  both 
I  together,  I  think  the  construction  to  be  put  on 
the  two  is  perfectly  and  easily  apparent.    Then 
I  again,  when  you  consider  that  this  Section  3  ap- 
plies  tliroughout  its  entire  construction,  every 
j  way.  to  the  organization  of  this  body  ;  that  one 
!  portion  of  the  section  merely  says  who  shall  be 
'  legal  or  lawful  voters  at  the  time  of  voting  for 
the  delegates  to  this  Convention,  and  also  who 
shall  be  eligible  as  delegates  to  this  Conven- 
tion, I  tliink  it  is  rendered  still  more  plain.     It 
there  declares  who  are  the  lawful  voters.  Now, 
I  how  are  they  lawful  ?  Under  what  laws  ?  What 
j  law  could  it  be  that  should  make  them  lawful 
voters   but  the    law    of   this  Territory  ?      Of 
course.  Congress  knew  we  had  an  organization 
and  laws  here  under  the  Organic  Act  which 
liad  Ijeen  passed  by  Congress,  and  it  must  be 
})lain  that  this  term  '■  lawful  voters,"  used  in 
Section  3.  refers  to  voters  under  the  Territorial 
laws.    Now,  Mr.  Chairman,  when  we  come  down 
to  Section  5,  you  find  it  reads  : — 

And  he  it  further  enacted,  That  in  case  a  Constitution 
and  State  Government  shall  be  formed  for  the  people 
of  the  said  Territory  of  Nevada,  in  compliance  with 
the  provisions  of  this  Act,  that  said  Convention  forming 
the  same  shall  provide  by  ordinance  for  submittuig 
said  Constitution  to  the  peojile  of  said  State  for  their 
ratification  or  rejection,  at  an  election  to  be  held  on  the 
second  Tuesday  in  October,  ISGi,  at  such  places  and 
vmder  such  regulations  as  may  be  prescribed  therein, 
at  which  election  the  lawful  raters  of  said  new  State 
shall  vote  directly  for  or  against  the  in-oposed  Consti- 
tution. 

Here  we  find  precisely  the  same  term  used^ 
!'•  lawful  voters."  Now.  looking  at  the  matter 
[  philosophically,  and  from  the  point  of  law,  are 
:  we  to  suppose  that  Congress,  in  passing  this 


134 


RIGHT  OF  SUFFRAGE. 


[5th  day. 


Friday,] 


Ghapin— Ckosman— Pkoctok— Brosxax. 


[July  8. 


Act,  on  the  21st  of  March  last,  intended  to 
decliire  that  the  men  who  wore  then  lawful 
TottTs  in  this  Territory  should  be  the  only  men 
allowed  to  vote  at  an  "election  to  be  held  six 
months  tliereafter  ?  Did  tiiey  intend,  in  other 
words,  to  eut  otf  every  man  that  should  become 
a  lawful  voter  within  one.  two,  three,  or  four 
months  after  that  date  ?  Certainly  not.  Con- 
sequently. I  think,  on  the  seore  of  reason  and 
good  sense  in  tiie  interpretation  of  the  lan- 
guage, the  meaning  of  the  Enabling  Act  un  this 
subject  is  perfecllv  i)lain. 

Mr.  CHAl'lN.  '  1  desire  to  say  just  a  few 
words  only,  in  explanation  of  uiy  views.  1 
think  there  is  no  use  in  trying  to  get  around 
that  third  section.  We  have  got  to  face  that, 
and  to  ju-ovide  that  every  person  who  was 
entitled  to  vote  under  our  laws  on  the  2l3t 
of  March  last,  shall  be  allowed  to  vote  for  or 
against  this  Constitution.  Now  this  fifth  section 
Contains  a  ftirther  provision,  by  which  we  are 
also  to  allow  every  person  who  is  a  lawful 
voter  in  tliis  new  State  to  vote  upon  the  adop- 
tion or  rejection  of  our  Constitution — that  is, 
every  person  who  shall  have  become  a  voter 
eiace  the  21st  of  March,  is  also  entitled  to 
vot*,'.  That  is  my  construction  ;  and  even  il 
I  ha<l  to  force  that  construction,  I  would  not 
insult  the  people  of  this  Territory  by  attempt- 
ing to  crowd  upon  them  a  Constitution  upon 
winch  tliey  are  not  ])ermitted  to  vote.  A  great 
number  oi'  men.  no  doubt  hundreds  and  thou- 
sands, have  become  voters  in  this  Territory 
since  the  2Ist  of  March,  and  to  say  that  they 
are  to  be  deprived  of  the  jjrivilege  of  express- 
ing their  pri-ference  as  to  the  adoption  or 
rejection  of  this  instrument,  would,  I  think,  be 
an  absurdity,  and  I  certaiidy  would  not  sanc- 
tion it  by  my  vote.  Now  this  amendment  of 
my  colleague,  (Mr.  Collins,)  provides  for  both 
clas.ses  of  voters  to  which  1  have  referred,  and 
I  am  in  favor  of  adopting  that  anu-ndment. 

Mr.  CRO.-^M.VN.  1  fully  and  lu'arlily  concur 
•with  the  gentleman  who  lias  just  taken  his  seat, 
that  those  two  classes  of  voters  are  fully  pro- 
vided for  by  this  amendment,  and  thai  they 
should  have  the  right  of  voting  u})on  the  accept- 
ance or  rejection  of  this  Constitution.  1  ])elieve 
that  the  Knalding  .\ct  gives  the  right  of  voting 
to  all  who  may.  under  the  Territorial  law,  be 
legal  voters  at  the  tinu-  ihe  Constitution  is  sub- 
mitted. Hut.  if  1  mistake  not.  the  amendment 
of  the  gentleman  from  .Storey  jirovides  for  an- 
other ehuss  still  -•' all  honu  jidi-  residents."'  1 
do  not  think  that  language  should  be  there.  I 
can  see  no  good  reason  for  it,  unl  -.ss  it  is  be- 
cause the  same  language  occurred  in  the  old 
Constitution. 

Mr.  I'l{()(  'TOU.  IJefore  the  (pu'stion  is  take  i. 
I  should  like  to  state  my  objections  to  the 
amendment  olfered  by  tin-  gentlenum  from  .Sto- 
rey. (Mr.  C(iHins).  i  look  upon  the  ret|uire- 
iiient.s  contaitieil  in  this  lllth  sei'lion  of  the  JOii- 
abling  .\ct  in  a  very  dilferent  light  from  that  in 
which  som<'  geiiilemen  view  tliem,  who  have 
Spoken  here  to-day.     I    look   U])on    the  section 


as  providing  simply  for  the  manner  in  which 
the  election  shall  be  conducted,  and  I  think 
that  matter  should  be  provided  for  in  an  entirely 
dilferent  portion  of  our  Constitution  from  this 
article  in  which  we  are  providing  generally 
for  the  right  of  suffrage.  If  you  read  this  En- 
abling Act  can^fully.  you  will  observe  that  it 
requires  us  to  provide,  by  an  ordinance,  for 
submitting  this  Constitution  to  the  people,  on 
the  si'cond  Tuesday  of  October,  or,  as  it  has 
since  been  amended,  on  the  first  Wednesday  in 
September.  We  shall  have  to  provide  by  ordi- 
nance for  some  other  matters,  and  there  is 
where,  it  occurs  to  me,  this  requirement  of  the 
Enabling  Act  should  be  brought  in,  and  com- 
plied with.  But  so  far  as  relates  to  that  fifth 
section  affecting,  in  any  way,  the  right  of  suf- 
frage, as  provided  in  the  third  section,  I  cannot, 
for  the  life  of  me,  see  how  that  application  can 
be  given  to  it.  It  looks  to  me  so  plainly  aiul 
clearly  expressed  in  this  third  section,  that  1 
am  really  astonished  that  any  gentleman  should 
get  up  here  and  say  that  we  have  a  right  to  say 
■  or  do  any  thing  different,  or  that  we  have  any- 
j  thing  in  the  world  to  do  with  the  right  of  suf- 
!  frage  in  the  elections  there  provided  for,  except 
I  to  comply  with  that  section  of  the  Enabling 
>  Act. 

1     Now,  if  w^e  were  going  to  submit  the  Consti- 
I  tution,  after  its  adoption,  to  the  next  Congress, 
j  and  ask  for  admission  into  the  Union  under  it, 
I  it  might  be  well  enough  to  go  outside  of  the 
provisions  of  the  Enabling  Act.      But  we  are 
;  going  to  do  nothing  of  the  kind.     We  have  got 
I  to  comply  strictly  with   the  terms  of  that  Act, 
I  and  if  we  do  not  do  that,  we  cannot  hope  for 
i  admission    by   the    President's    proclamation. 
And,  sir,  I  shall  move,  before  the  vote  is  taken 
on  my  amendment,  to  strike  out  the  addenda, 
or  latter  portion  of  it,  for  the  reason   that  I  do 
not  think  we  have  any  right  to  confer  the  right 
of  voting  upon  anybody  who  became  a  legal 
voter  of  the  Territory  after  the   21st  of  March 
last.     I  hoi)e  the  amendment  of  the  gentleman 
from  Storey  will  not  prevail ;   and  at  a  i)roper 
time,  1  hoi)e  we  shall  pass  an  ordinance  con- 
taining the  necessary  provisions,  in  conformity 
with  the  Enabling  Act,  for  submitting  the;  Con- 
stitution to  the  peo])le.     If  this  amendment  is 
voted  down,  I  give  notice  that  I  will  move  to 
amend   my    amendment.   l)y   striking   out   the 
latter  portion,  relative  to  those  who  may  have 
become  (jualitied  voters  subsequent  to  the  pass- 
age of  the  Enabling  Act  by  Congress. 

Mr.  BPvOSN.VN.  1  have  given  this  subject 
some  consideration,  Mr.  Chairman,  and  the  re- 
sult of  that  consideration  is  briefly  this:  1 
consider,  in  Ihe  first  phu'c,  that  the  terms,  so  to 
sj)eak.  of  this  filth  section,  are  wholly  non-essen- 
tial in  this  matler.  even  taking  the  section  in  its 
literal  sense.  I  conceive!  that,  in  regard  to  the 
adoption  of  the  Constitution  which  wo  may 
frame  here,  if  it  })e  voted  ui>on  and  adopted  by 
the  per)]>le  and  then  ])resented  to  the  I'resident 
of  the  Ciiited  States,  it  will  make  no  difference 
how  we  have  regarded  that  section,  because 


5th  day.] 


RIGHT  OF  SUFFRAGE. 


135 


Friday,] 


Brosnan — Collins. 


[July  8. 


it  will  not  be  at  all  considered.  It  will  not 
be  regarded  as  material,  whatever  way  the  peo- 
ple may  have  voted,  provided  they  have  been 
legal  voters  and  have  given  a  majority  for  the 
Constitution.  There  are  conditions  precedent 
which  I  think  are  essentials,  and  which  we  have 
complied  with,  thus  far.  Now,  it  will  be  re- 
membered that  the  intention  of  Congress  could 
not  certainly  have  been  to  disqualify  any  voters 
in  this  Territory.  It  must  be  assumed  that  the 
members  oC  Congress  who  passed  this  Enabling 
Act  understood  the  qualifications  required  in 
the  Territory  of  Nevada,  to  entitle  a  citizen 
of  that  Territory  to  vote.  That  may  reason- 
ably be  assumed,  and  therefore  we  may  infer 
that  they  knew  that  the  time  required  to  be- 
come a  voter  in  our  Territory,  so  far  as  rt;si- 
dence  is  concerned,  was  six  months.  And  Con- 
gress fixed  and  established  those  qualifications 
in  this  third  section,  both  for  those  who  might 
be  eligible  as  delegates  to  this  Convention  and 
for  those  who  were  to  vote  for  such  delegates, 
as  electors.  Then  the  act  provides  that  after 
that  body  of  delegates,  so  elected  and  by  such 
electors,  have  in  Convention  formed  this  Con- 
stitution for  the  new  State,  the  legal  voters  may 
vote  upon  the  question  of  its  adoption  or  rejec- 
tion— that  is.  the  legal  voters  of  the  Territory. 
The  act  says  "  the  lawful  voters  of  said  new 
State,''  but  in  place  of  that,  suppose  the  words 
'•  of  said  Territory  "  had  been  used.  It  would 
not  have  made  the  slightest  difference,  and 
there  can  be  no  question  that  the  legal  voters 
of  the  Territory  are  intended,  for  necessarily 
there  could  be  no  State  at  the  time  of  voting  on 
the  question  of  becoming  a  State.  The  lan- 
guage of  the  act  assumes  the  ftict  of  its  being  a 
State  the  moment  the  Constitution  is  framed, 
and  if  j'ou  follow  out  that  language  strictly,  no 
person  could  vote  at  all,  because  there  would 
in  reality  be  no  State.  I  say,  then,  it  would  be 
unreasonable  to  consider,  or  to  believe,  that 
Congress  did  intend  to  disqualify  legal  voters 
in  this  Territory  from  voting  upon  the  adoption 
or  rejection  of  the  Constitution. 

Now,  who  are  the  lawful  voters  ?  \Vliy.  they 
are  the  legal  voters  of  this  Territory  at  the 
time  of  voting.  Besides,  the  Chair  and  the 
Convention  will  remember,  in  connection  with 
that,  that  this  Constitution  was  at  first  to  be 
submitted  in  the  month  of  October,  a  longer 
period  after  the  passage  of  the  act  than  was 
necessary  to  make  a  man  a  qualified  elector  by 
residence  in  the  Territory.  Is  it,  then,  a  possi- 
ble, or  rather,  is  it  a  reasonable  construction,  to 
say  that  Congress  intended  to  cut  off  every  per- 
son from  the  right  of  the  elective  franchise  on 
so  momentous  a  question,  who  did  not  happen 
at  that  time  to  have  been  six  months  in  the  Ter- 
ritory ?  Is  it  reasonable  to  believe  that  Congress 
would  not  consent  to  allow  any  man,  though 
qualified  by  the  laws  of  the  Territory,  to  vote 
upon  a  question  so  important  to  his  welfare, 
and  to  the  welfare  of  the  community  ?  I  cannot 
come  to  any  such  conclusion. 
"  I  would  prefer  to  see  this  section,  as  proposed 


by  my  colleague,  (Mr.  Collins,)  separated,  so 
as  to  have  that  portion  which  relates  to  the 
adoption  of  the  Constitution  by  itself,  and  that 
which  relates  to  the  first  election  to  be  held 
under  the  Constitution  as  adopted,  stand  also 
by  itself;  which  would  greatly  simplify  the 
mattev,  and  then  I  should  be  willing  to  vote  for 
both  propositions. 

Mr.  COLLINS.  While  I  agree  in  the  main 
with  my  respected  friend  the  gentleman  from 
Storey  who  has  just  spoken,  I  differ  with  him 
entirely  upon  the  construction  which  he  gives 
to  this  Section  5  of  the  Enabling  Act.  Now,  I 
believe  it  is  a  general  principle  of  interpreta- 
tion that  where  two  sections  differ,  or  come  in 
conflict,  or  do  not  perfectly  harmonize,  the  gen- 
eral spirit  and  intention  of  the  author  should 
be  discovered,  if  possil)le.  Now,  what  is  the 
general  spirit  and  intention  of  Congress  in  giv- 
ing us  this  Enabling  Act  ?  It  is,  first,  that  we 
shall  organize  a  State  government.  It  provides 
that  electors  shall  be  chosen  as  delegates  to 
convene  here  and  frame  a  Constitution.  And 
in  making  that  provision.  Congress  declares  ex- 
pressly that  all  persons  in  the  Territoiy,  who 
are  legal  voters  at  the  time  of  the  passage  of 
the  act,  under  the  laws  of  the  Territory,  shall 
vote  for  the  election  of  those  delegates,  and 
further,  following  that,  that  they  shall  also  be 
permitted  to  vote  for  the  acceptance  or  rejec- 
tion of  that  Constitution  which  their  delegates 
may  frame.  Now,  while  Congress  contemplated 
giving  us  a  State  Government,  and  a  State  Con- 
stitution, it  also  contemplated  that  every  legal 
voter  should  have  a  voice  in  the  establishment 
of  that  Constitution  and  State  Government. 
And  how  often,  Mr.  Chairman,  have  you  and  1, 
in  drafting  some  document,  omitted  or  failed  to 
insert  in  the  body  of  the  document,  some 
thought  or  idea  which  properly  belonged  there, 
and  when  the  document  was  perhaps  half  written, 
the  thought  presenting  itself,  we  have  availed 
ourselves  of  the  first  opportunity  to  throw  it  into 
a  subsequent  portion,  without  re-writing  the 
document.  I  take  it  that  this  was  the  way  it  was 
in  Congress  in  the  drafting  of  this  Enabling 
Act.  When  the  authors  were  writing  the  sec- 
tion providing  for  the  election  in  October,  tho 
thought  disclosed  itself  to  their  minds  that  they 
might  be  doing  injustice  to  a  great  body  of  men 
who  might  subsequently  to  the  passage  of  the 
act  come  in,  gain  residence  in  the  Territory, 
and  become  legally  qualified  electors,  and  they 
availed  themselves  of  the  first  opportunity  to 
throw  that  provision  in,  in  order  to  give  that 
class  the  right  to  vote  also  on  the  acceptance  or 
rejection  of  the  Constitution.  And  I  will  show 
you,  I  think,  by  the  very  language,  that  that 
was  what  it  contemplated.  It  is  speaking  of 
the  State  Government  for  the  new  State,  and  of 
those  who  are  to  be  qualified  to  vote  upon  its 
adoption,  and  here  in  Section  5  it  says  : — 

"At  an  election  to  be  held  on  the  second  Tuesday  of 
October,  1864"— 

The   thought  coming  to   the  writer   of  the  dis- 


136 


EIGHT  OF  SUFFRAGE. 


[5th  day. 


Friday.] 


Brosxax— Collins— Proctor— Johnson. 


[July  8. 


tancc  of  time  betM-ccn  the  elections,  and  the 
vrc;»t  iniustice  whidi  would  Ije  done  to  those 
who  woiiKl  Vieconio  lejral  voters  iu  the  interinK  he 
then  endeavors  to  remedy  the  difficulty  and  re- 
move the  injustice,  and  goes  on  to  say  :— 

— ••  \t  su.'h  places  and  under  such  regulations  as  may 
l>e  pns. rilxd  tlnriiu.  at  which  election  the  lawful 
voters  of  taid  new  State/' — 

"Lawful  voters!"'  Now,  if  it  had  referred 
)iarticnlarlv,  or  only,  to  those  lawful  voters 
descriheil  "in  f^ectioii  3.  it  would  have  said 
■  said  lawful  voters."'  ]5ut  it  goes  on.  imme- 
diatelv  following  that,  to  refer  to  the  State— 
••  the  lawful  voters  of  said  new  State"— so  that 
;here  sliu\ild  be  no  niisunderstauding.  If  the 
writer  had  contemplated  to  embrace  only  those 
referreil  to  in  Section  3.  those  who  were  elec- 
tors on  the  21st  of  March,  he  would  have  drawn 
it  to  read,  "at  which  election  the  said  lawful 
voters."' 

Mr.  BROSNAN.  In  that  I  agree  with  the 
gentleman. 

Mr.  COLLINS.  Then  I  have  certainly  mis- 
understood my  colleague.  Now,  I  tliink  it 
uuist  be  i)lain  to  the  Convention  that  such  must 
have  l)teii  the  intention  of  Congress — the  mean- 
ing of  the  Committee  or  member  that  drafted, 
and  the  meaning  of  Congress  in  adopting  this 
section.  Xeitiier  you,  nor  I,  nor  any  one  else, 
can  bi'lieve  that  Congress  had  a  desire  to  dis- 
franchise any  of  the  lawful  voters  of  this  Ter- 
ritory. The  aim  and  object  of  Congress  was, 
as  evinced  l»y  the  declaration  or  language  used 
in  Section  3,  to  frame  an  l->nabling  Act,  coming 
under  the  provisions  of  the  Federal  laws  in 
respect  to  the  right  of  voting ;  and  whoever 
our  law  has  declared  to  be  a  voter,  Congress, 
also,  l)y  making  use  of  that  language,  declares 
to  be  a  voter.  Now,  I  am  willing  to  bow  to 
the  will  of  Congress,  and  however  bene- 
ficial we  might  deem  it  to  be  to  disfranchise 
certain  classes,  I  believe  that  every  loyal  man 
here,  when  he  sees  it  clearly,  will  be  willing  to 
obey  th<"  bi'hests  of  Congress. 

Hut  ail  interitretation  so  monstrotis  as  has 
been  put  by  some  ujton  this  language,  should 
certainly  not  be  received,  if  it  can  be  avoided, 
.•^hali  Wf,  liy  one  sweejt,  disfranchise  perhaps 
one-half  of  the  voters  of  the  Territory?  Who 
believes  tiiat  (.'ongress  ever  dreamed  of  such  a 
thing.'  I  ask  gentlemen  to  look  at  it.  Of 
course,  if  we  are  forced  to  it  by  the  ])lain  lan- 
guage of  the  Act,  we  must  do  it ;  but  1  say,  if 
tliere  be  u  shadow  of  a  ]»ossil)le  doubt,  then 
we  Imve  a  right  to  construe  it  in  favor  of  those 
who,  according  to  the  opinions  of  some  gentle- 
men, were  intended  by  Congress  to  be  dis- 
franchised. 

Now.  as  to  the  proposed  division  of  the  sec- 
tion. I  sJKMild  have  no  objection  at  all  to  that. 
Tlie  original  ,<ection  10.  in  theohl  Constitution, 
embrace.'^  botii  feiitures,  and  I  have  drawn  lliis 
ii|i  acc'idingiy,  inciiidiiig  tiie  i)rovisioii  for  the 
<'lecii(pii  of  (illicers,  on  whidi  suliject  the  Kn- 
abling  Act  iu  perfectly   silent.     We  are  per- 


fectly free  to  make  any  provisions  we  please, 
our  power  being  omnipotent  on  that  subject, 
and  1  have  in  this  amendment  blended  the  two 
elections  together  ;  but  it  is  a  very  easy  matter 
for  the  Convention  to  divide  it  into  two  sections. 

Mr.  PROCTOR.  I  hope  we  shall  discard 
that  portion  entirely,  and  put  it  in  the  ordi- 
nance, which  Ave  must  pass,  to  provide  in  full 
for  the  election. 

Mr.  COLLINS.  The  ordinance,  as  contem- 
plated in  Section  5,  has  nothing  to  do  with  the 
electors ;  it  is  merely  to  prescribe  the  mode 
and  manner  of  the  election.  The  section  simply 
declares  that  this  Convention  will  submit  the 
Constitution  to  the  people  "  at  such  places  and 
under  such  regulations  as  may  be  prescribed 
therein,"  but  it  has  nothing  to  do  with  the 
qualifications  of  the  voters,  nor  Av.ith  the  elec- 
tion of  officers. 

Mr.  PROCTOR.  Has  the  ordinance  nothing 
to  do  with  the  Constitution  ? 

Mr.  COLLINS.  Yes  ;  the  ordinance  should 
be  a  part  of,  or,  at  least,  with  the  Constitution. 
I  think  I  should  prefer  to  have  it  connected 
with  the  schedule. 

Mr.  JOHNSON.  While  this  discussion  em- 
braced only  what  seemed  to  be  comprehended 
in  the  proposed  amendments,  I  was  content 
that  the  vote  should  be  taken  by  the  Committee 
without  further  discussion  on  ray  part.  Put  it 
seems  to  me  that  the  two  gentlemen  who  have 
last  spoken,  in  their  remarks  have  taken  a 
wider  range.  The  Committee  has  been  told  a 
a  great  deal  about  the  disfranchising  of  voters, 
and  the  intimation  seems  to  be  conveyed  that 
possibly  some  of  those  who  are  opposing  these 
amendments  are  the  advocates  of  a  proposition 
which  would  disfranchise  a  large  class,  or,  at 
least,  a  large  number  of  the  voters  of  this  Ter- 
ritory. Now,  sir,  it  is  only  necessary  to  refer 
to  the  original  proposition,  as  contrasted  with 
these  amendments,  to  ascertain  whose  proposi- 
tion it  is  that  is  going  to  disfranchise  the  great- 
est number  of  voters. 

Either  of  these  propositions  comprehend 
those  who  are  legal  voters  under  the  laws  of  the 
Territory.  Now  it  is  unnecessary  for  me  to  tell 
this  Committee  that  the  laws  of  our  Territory  re- 
quire that  the  voter  shall  be  a  resident  for  four 
months  only.  That  is  to  say,  under  the  oper- 
ation of  the  amcMidment,  as  amended  by  the 
original  mover  of  that  amendment  himself,  the 
gentleman  from  Nye,  (Mr.  Proctor,) — under  (hat 
proiiosition  in  its  enlarged  sense,  as  originally 
introduced,  only  those  legal  voters  Avho  were 
voters  on  the  21st  day  of  March  last  would  be 
entitled  to  vote  on  this  Constitution.  That  is 
to  say.  only  thf)se  who  had  resided  in  the  Ter- 
ritory four  months  anterior  to  the  21st  of  March 
could  vote  on  the  accei)taiice  or  rejection  of 
the  Constitution.  As  afterwards  amendeil,  on 
the  gentleman's  own  motion,  it  extended  the  pri- 
vilege to  those  who  had  been  residents  for  ibnr 
months  i»receding  the  first  Wednesday  of  Sep- 
tember, which  occurs,  1  believe,  on  the  7th  day 
of  September. 


5tli  day.] 


RIGHT  OF  SUFFRAGE. 


137 


Friday,] 


Crosman— Johnson — Warwick— Dunne. 


[July  8. 


Mr.  CROSMAN  (interrupting.)  Six  montlis 
residence  is  the  term  required. 

Mr.  JOHNSON.  It  is  not  material  whether 
it  is  four  or  six  months  ;  my  recollection  is  that 
it  is  four  months.  At  any  rate,  whether  it  is 
four  months  or  six  months,  necessarily,  under 
the  operation  of  the  original  amendment,  no 
person  could  vote  upon  this  Constitution  who 
had  not  resided  either  the  fuur  or  the  six 
months,  as  the  case  may  be,  in  the  Territory 
prior  to  the  seventh  day  of  September.  And 
the  amendment  to  the  amendment  pro])()sed  by 
the  gentleman  from  Storey,  (Mr.  Collins),  is  the 
same  in  its  effect  and  operation.  Now,  sir, 
under  this  original  section,  how  does  that  ap- 
ply ?    It  says  : — ■ 

All  citizens  of  tlie  United  States,  and  hnna  fide  resi- 
dents of  the  Territory  of  Nevada,  at  the  time  provided 
in  this  Constitution  for  the  first  election  to  be  held 
under  its  provisions,  and  who  shall  possess  the  other 
qualifications  of  electors  therein  provided,  shall  be  en- 
titled to  vote  in  the  election  of  all  offlcers  to  be  elected 
at  such  election,  and  iijoon  the  question  of  adopting  or 
rejecting  this  Constitution. 

Therefore,  sir,  I  say,  that  under  the  operation 
of  the  section  as  it  stood  originally  before  the 
committee,  all  those  who  possess  the  legal  qual- 
ifications provided  in  the  Constitution,  and 
who,  at  the  time  of  that  election,  are  bona  fide 
residents  of  the  Territory,  can  vote  for  or 
against  this  Constitution.  Now,  I  think  it  must 
be  quite  obvious  to  the  committee  that  if 
there  be  any  amendments  which  would  estab- 
lish a  rule  operating  to  the  exclusion  of  a  large 
number  of  persons  in  the  Territory  from  vot- 
ing, they  are  the  several  amendments  which 
have  been  proposed  to  this  original  section. 
That,  it  seems  to  me,  absolves  me  from  the  inti- 
mation that  I  am  advocatmg  measures  which 
are  going  to  exclude  a  large  number  of  persons 
from  voting  on  this  instrument.  For  one,  1 
am  in  favor  of  the  original  section,  and  I 
think  that  we  who  advocate  it — or  I  will  say 
myself,  for  I  do  not  know  particularly  who 
there  are  upon  the  floor,  of  this  committee, 
who  favor  it  as  it  stands — so  f;xr  as  I  am  con- 
cerned, I  repeat,  it  is  sufficient  merely  to  ex- 
plain the  operation  of  these  amendments  to 
show  that,  so  far  from  being  in  favor  of  exclud- 
ing anybody  from  voting,  unless  of  disloyal 
character,  or  such  as  are  included  within  some 
of  the  inhibitions  of  this  Constitution,  (and 
upon  such  I  do  not  care  to  confer  the  privilege 
mentioned,  but  prefer  that  they  shall'  be  ex- 
cluded in  conformity  with  the  provisions  of  the 
Constitution  as  ^^'e  have  thus  far  established 
them),  1  am  in  favor  of  opening  the  door  to  all : 
hoiia  fide  residents  on  the  day  of  election,  j 
Though  be  may  have  arrived  within  the  State  j 
only  the  day  before,  I  am  willing  to  give  him  ' 
the  right  to  vote  for  or  against  the  adoption  of , 
this  Constitution  under  which  we  expect  him  to  i 
live.  i 

Mr.  WARWICK.  I  believe  this  subject  has  } 
been  already  exhausted  by  these  contestants ; 
who  have  been  fighting  over  it  for  the  last  four  [ 
Lours,  and  believing  that  no  further  enlighten- 


ment can  be  had  upon  it,  I  trust  we  shall  be  al- 
lowed to  have  a  vote  upon  it  at  once. 

Mr.  DUNNE.  The  gentleman  from  Storey, 
(Mr.  Collins,)  has  indulged  in  a  flight  of  imag- 
ination. Going  entirely  beyond  the  literal 
reading  and  thc^  spirit  of  the  Enabling  Act,  he 
has  proposed  to  dive  down  into  the  imaginations 
of  the  Congressional  Committee  which  framed 
that  act.  He  has  endeavoi-ed.  by  plausible  re- 
presentation to  this  Committee,  to  bring  before 
us  what  he  thinks  were  the  inner  motives  which 
probaldy  prompted  and  actuated  that  Com- 
mittee in  performing  that  labor.  Now,  if  that  is 
allowable  in  the  gentleman's  case,  it  must  be  al- 
lowable in  mine.  His  supposition  was  a  very 
plausible  one  indeed,  but  allow  me  now  for  a 
moment  to  make  another  supposition.  At  the 
time  when  this  Enabling  Act  was  passed,  it  M^as 
proposed  that  the  election  to  be  held  under  it 
should  take  place  in  October.  I  suppose  all  gen- 
tlemen present  will  agree  with  me,  that  one 
great  argument  in  favor  of  the  passage  of  that 
Enabling  Act  was  the  desirableness  of  having 
a  new  loyal  State  in  the  Union,  with  a  loyal 
representation  in  Congress,  that  would  be  fully 
and  heartily  in  favor  of  the  iVdministration  and 
the  war.  Now,  that  being  the  case,  and,  as  I 
suppose  it  was,  a  strong  jioint  with  Congress  in 
securing  the  passage  of  the  Enabling  Act,  let 
me  indulge  in  the  supposition  that  in  putting 
in  this  clause  limiting  the  right  of  voting  to 
those  who  were  voters  on  tiie  21st  day  of 
March,  their  intention  may  have  been  to  cut  off 
the  possibility  of  a  large  number  of  persons, 
coming  from  the  western  portions  of  the  United 
States,  who  would  be  opposed  to  sending  a 
loyal  re])resentation  to  Washington — that  their 
object  might  have  been  to  provide  that  none 
but  loyal  men  should  be  allowed  to  have  a 
voice  in  framing  our  State  Constitution.  Think- 
ing, perhaps,  that  the  fate  of  war  would  termi- 
nate the  residence  of  many  disloyal  men  in 
these  western  and  south-western  Stales,  and 
drive  thousands  of  them  to  a  residence  in  this 
Territory,  it  is  possible  that  for  the  purpose  of 
cutting  off  that  immense  immigration  which 
was  in  prospect,  that  clause  may  have  been  put 
in,  providing  that  none  but  the  old  residents, 
those  who  were  then  really  interested  here, 
and  residents  among  us,  should  be  allowed  to 
vote.  Knowing  that  we  had  at  that  time  a 
loyal  majority,  there  could  be  no  doubt,  or  pos- 
sibility of  doubt,  under  such  an  arrangement, 
that  we  should  have  a  loyal  representation  in 
Congress — that  we  should  send  men  there  who 
would  heartily  support  the  Administration. 
Then,  again,  many  gentlemen  seem  to  think 
that  if  we  overcome  the  Constitutional  scruplea 
of  the  President  in  regard  to  issuing  the  pro- 
clamation admitting  us  into  the  Union,  that  is 
all  the  difficulty  we  have  to  encounter.  But 
there  is  a  great  possibility — for  anything  is 
possible  if  not  probable  in  politics — there  is  at 
least  a  possibility,  a  bare  one  it  may  be,  but 
still  a  possibility,  and  one  that  we  must  con- 
sider, that  in  the  ai)proaching  contest  the  elec- 


13S 


RIGHT  OF  SUFFRAGE. 


[5th  day. 


Friday,] 


Chapin — Johnson — Warwick — Hovey. 


[July  8. 


tion  of  a  President  of  the  United  States  may 
be  thrown  into  the  House  of  Representatives. 
It  mav  be  a  nuuter  oC  great  iiioincnt.  therefore, 
whether  or  not  this  State  is  admitted,  whether 
or  not  the  vote  of  tliis  State  shall  be  allowed 
to  be  cast  for  the  President.  And  in  such  an 
event  we  have  to  t-neounter  more  than  the  con- 
stitutional scruples  of  the  President  ;  we  have 
to  encounter  the  advantages  or  the  disadvan- 
tages of  the  vote  likely  to  l)e  cast  here  in  favor 
of  this  or  that  jiarticular  candidate  for  the 
Presidency.  I  do  not  think  it  is  ])robable,  and 
I  hope  it  is  not.  that  the  election  will  be  thrown 
into  the  House  of  llepresentatives.  but  it  is 
within  the  limits  of  po.ssibility.  and  therefore  a 
thing  which  we  ought  to  keej)  in  mind. 

[fries  of  •■question,  question !'"] 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Collins,  as  an  amendment  to  the 
amendment  of  Mr.  I'roctor.and  it  was  agreed  to. 

Mr.  CHAPIN.  Now,  I  hope  the  amendment 
of  my  colleague  which  has  just  been  adopted, 
as  a  substitute  for  that  of  the  gentleman  from 
Nve.  will  be  substituted  for  this  original  Sec- 
tion 10. 

The  CHAIRMAN.  That  is  the  question  pend- 
ing. 

Mr.  JOHNSON.  I  want  to  call  the  attention 
of  the  Committee  to  one  matter  in  this  connec- 
tion. The  language  is,  ••  shall  be  entitled  to  vote 
for  the  election  of  all  otlicers  to  be  elected  at 
euch  election."  Now,  1  think  here  is  about 
as  proper  a  place  as  any  other  to  express 
our  views  as  to  having  the  election  of  State 
officers  occur  at  the  same  time  as  the  vote  on 
the  Constitution.  If  it  is  proposed  l)y  the  Con- 
vention to  have  the  election  of  olhcers  take 
place  at  the  same  time,  then  let  us  incorporate 
the  provision  in  this  section  ;  and  if  it  is  not 
the  intention  of  the  Convention  to  repeat  that 
great  act  of  folly  which  was  committed  last 
year— for  I  can  characteriz((  it  as  nothing  less 
— then  let  us  say  so  now.  This  provision,  it 
seems  to  me,  is  entirely  de])enilent  on  that 
question  :  and  1  think  the  author  of  the  amend- 
ment will  admit  that  it  can  only  be  in  view  of 
tlie  supposition  that  our  St.ite  olhcers  are  to  be 
elected  at  the  same  time,  that  there  is  any  ne- 
cessity whatever  for  incorporating  it  into 
the  section  now  under  consideration.  There- 
fore, for  the  purjjose  of  taking  the  sense  of  the 
Committee  upon  the  question,  (iw  I  conceive 
it  involves  no  less  than  that.)  whether  or  not 
we  shall  elect  our  oflieers  under  the  Constitu- 
tion at  the  time  when  it  is  submitted  to  the  vote 
of  the  people,  to  wit :  on  flie  first  Wednesday 
in  September,  I  move  to  strike;  out  the  latter 
part  of  this  section,  as  it  has  been  amended. 

Mr.  W.VllWICK.  I  understand  the  gentle- 
man proposes  to  slriki'  out  only  so  much  as  re- 
fers to  the  election  of  officers. 

.Mr.  J(»IINS(>.\.  My  motion  is,  to  .strike  out 
entirely  the  latter  pr)rtion  of  the  section,  begin- 
ning— '■  .\nd  further,  that  all  citizens  of  the 
I'nited  States  "  Ac.,— so  that  the  section  will  be 
left  in  this  wise  : — 


Section  10.  All  persons  qualified  by  law  to  vote  for 
representatives  to  the  General  Assembly  of  the  Terri- 
tory of  Nevada  on  the  21st  day  of  March,  1864,  and  all 
other  persons  who  may  be  lawful  voters  in  said  Terri- 
tory on  the  first  Wednesday  of  September  next  foUow- 
ing,  shall  l)e  entitled  to  vote  directly  upon  the  question 
of  adopting  or  rejecting  the  Constitution. 

The  part  I  propose  to  strike  out  can  possibly 
relate  only  to  the  election  of  officers  at  the 
same  time  that  the  Constitution  is  submitted. 

Mr.  HO^'EV.  I  certaiialy  cannot  see  that  this 
language  proposed  to  be  stricken  out,  has  ref- 
erence to  the  election  of  officers  at  the  time  the 
Constitution  is  submitted  for  adoption  or  rejec- 
tion.    It  reads  in  this  way  : — 

"And  further,  that  all  citizens  of  the  United  States, 
bnna  fide  residents  of  said  Territory  at  the  time  provi- 
did  in  this  Constitution  for  the  first  election  to  be 
holden  under  its  provisions,  and  who  shall  possess  the 
other  qualifications  of  electors,  herein  provided,  shall 
be  entitled  to  vote  for  the  election  of  all  officers  to  be 
elected  at  such  election." 

It  does  not  seem  to  me  to  bear  the  constnic- 
tion  the  gentleman  puts  upon.it,  and  we  have 
got  to  specify,  in  some  place,  who  shall  be  the 
electors  of  the  officers  to  be  elected  under  the 
Constitution. 

Mr.  JOHNSON.  That  is  already  specified,  in 
a  previous  section,  which  takes  effect  immedi- 
ately after  the  Constitution  is  adopted. 

Mr.  HOVEY.     Very  well  ;  I  am  satisfied. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  Johnson,  and  it  was  agreed  to. 

The  question  recurred  on  the  adoption  of  the 
section  as  amended,  and  it  was  adopted. 

DISTRIBUTION  OF  POWERS. 

Article  HI,  entitled  Distribution  of  Powers, 
was  next  taken  up  by  the  Committee  of  the 
Whole,  and  read,  as  follows  : — 

ARTICLE   III. — BISTBIBUTION  OF   POWERS. 

Section  1.  The  powers  of  the  Government  of  the 
State  of  Nevada  shall  be  divided  into  three  .separate  de- 
partments— the  Legislative,  the  Executive,  and  Judi- 
cial— and  no  persons  charged  with  the  exercise  of  pow- 
ers iiroperly  belonging  to  one  of  these  departments, 
shall  exercise  any  functions  appertaining  to  either  of 
the  others,  except  in  the  cases  herein  expressly  directed 
or  permitted. 

No  amendment  being  offered,  the  article  aa 
read  was  adopted. 

LEGISL.VTIVE  DEPARTMENT. 

Article  IV,  entitled  Legislative  Dcipartment, 
was  next  taken  up  by  the  Committee  of  the 
Whole. 

Section  1  was  read,  as  follows  : — 

Section  1.  The  Legislative  authority  of  this  State 
shall  be  vested  in  a  Senate  and  Assembly,  which  shall 
be  designated,  "  The  Legislature  of  the  State  of  Ne- 
vada," and  the  sessions  of  such  Legislature  shall  be 
held  at  the  seat  of  government  of  the  State. 

No  amendineni  being  offered,  the  section  was 
adoi)ted. 

BIENNIAL   SESSIONS. 

Section  2  was  read,  as  follows  : — 

Sec  2.  The  sessions  of  the  Legislature  shall  be 
bi(auiial.  and  shall  commence  on  the  first  Monday  of 
.January  next  ensuing  the  election  of  its  members,  un- 
less the  Governor  of  the  State  shall,  in  the  interim,  con- 
vene the  Legislature  by  prochimatiou. 


5th  day.] 


LEGISLATIVE  DEPARTMENT. 


139 


Friday,] 


Johnson — Brosnan — B.\kks — Dunne. 


[July  8. 


Mr.  JOHNSON.  I  will  state  right  here,  as 
there  may  be  some  contrariety  of  views  in  re- 
gard to  ))iennial  sessions,  that  gentlemen  will 
find  in  the  latter  portion  of  this  Constitution, 
provision  made  for  having  annual  sessions  of 
the  Legislature  for  the  first  two  years,  and 
thence  after,  biennial  sessions.  As  it  was 
thought  proper  by  the  Convention  to  inaugurate 
the  system  of  biennial  sessions,  and  as  biennial 
sessions  were  to  be  the  rule,  and  annual  sessions 
the  exception,  it  was  deemed  advisable — and  I 
think  there  can  be  no  better  plan — to  adopt  the 
section  as  it  reads  here,  and  then  provide  sub- 
sequently in  the  Schedule,  or  in  Miscellaneous 
Provisions,  as  may  be  judged  best,  in  what 
years  annual  sessions  shall  be  held. 

Mr.  BROSNAN.  My  recollection  is  that  of 
the  gentleman  from  Ormsby  on  this  subject,  but 
I  would  like  to  have  him  refer  to  the  subse- 
quent section,  where  provision  is  made  for 
annual  sessions. 

Mr.  JOHNSON.  I  will  refer  my  friend  to 
Sections  14  to  17  of  the  Schedule,  as  here 
print^'d. 

Mr.  BANKS.  I  move  to  amend  the  section 
by  adding  these  words  :  "  except  as  hereafter 
provided  in  this  Constitution." 

Mr.  JOHNSON.    I  have  no  objection. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

The  question  was  taken  on  the  adoption  of 
the  section  as  amended,  and  it  was  adopted. 

Section  3  was  read,  as  follows  : — 

Sec.  3.  The  members  of  the  Assembly  shall  be  chosen 
bienuially  by  the  quahfied  electors  of  their  respective 
districts  on  the  Tuesday  next  after  the  first  Monday 
in  November,  and  their  term  of  office  shall  be  two 
years  from  the  day  next  after  their  election. 

Mr.  BROSNAN.  I  suggest  that  this  section 
should  be  amended.  I  do  not  see  the  utility  of 
the  words — "  on  the  Tuesday  next  after  the  first 
Monday  in  November."  Had  not  we  better  fix 
the  dav  directly. 

Mr.  JOHNSON.  The  reason  of  that  language 
is,  that  it  is  the  day  on  which  the  Presidential 
election  occurs.  AVe  expected  the  State  Gov- 
ernment to  go  into  operation  last  winter,  and 
gentlemen  will  find  by  referring  to  the  '•  Mis- 
cellaneous Provisions,"  and  "  Schedule,"  in  the 
old  Constitution,  that  provision  was  made  that 
the  members  of  the  first  Legislature  .should 
hold  office  until  their  successors  should  be 
elected  and  qualified.  Then,  tliis  ))eing  the  first 
regular  election,  the  next  election  would  occur 
at  the  same  time,  and  I  think  there  was  great 
propriety  in  the  arrangement.  The  same  rea- 
sons which  existed  then,  exist  now.  The  idea 
is  to  obviate  the  necessity  of  having  two  elec- 
tions in  the  same  year  on  which  the  Presidential 
election  occurs. 

Mr.  DUNNE.  I  suppose,  if  the  Constitution 
is  adopted  this  fall,  we  desire  to  have  a  repre- 
sentation in  Congress,  the  members  of  which 
will  be  there  to  take  their  seats  at  the  opening 
of  Congress.  Is  it  possible  to  do  that  under 
such  a  provision? 


Mr.  JOHNSON.  Yes,  sir.  The  9th  of  Sep 
tember  is  the  time  on  which  the  Constitution  i.s 
to  be  submitted.  Then  it  will  necessarily  take 
two  or  three  weeks  to  collect  the  election 
returns  and  to  transmit  the  report  to  the 
President,  who  is  thereupon  authorized  to  de- 
clare the  State  admitted  into  the  Union.  That 
will  throw  us  necessarily  into  October,  and  it 
would  not  be  possible  before  the  time  men- 
tioned for  the  Presidential  election,  to  hold  a 
political  election  under  the  provision  of  the 
State  Constitution.  It  will  be  remembered — 
and  we  have  the  evidence  of  it  before  us  in  the 
shape  of  the  Enabling  Act — that  originally  it 
was  provided  that  the  vote  upon  the  Constitu- 
tion should  be  taken  in  October  ;  but  after  the 
passage  of  the  Enabling  Act,  as  it  is  here 
printed,  a  memorial  was  prepared  and  signed 
by  many  prominent  citizens — the  Territorial 
officers  and  others — asking  Congress  to  amend 
that  act  so  far  as  to  provide  for  the  submission  of 
the  Constitution  to  the  people  at  the  time  of  the 
Territorial  election,  on  the  first  Wednesday  in 
September.  This  was  done  with  a  view 
not  onl,y  to  obviate  the  necessity  of  hold- 
ing anotlier  election  so  soon  afterwards,  but 
also  to  give  time  within  which  the  election 
could  be  held,  the  votes  canvassed,  return 
made,  and  the  State  thereupon  admitted  into 
the  Union,  that  we  might,  in  part,  then  en- 
joy the  privileges  of  a  State.  I  think  this  may 
be  accomplished,  probably  two  or  three  weeka 
before  the  Presidential  election,  for  we  may  be 
advised  by  telegraph  of  the  action  of  the  Pres- 
ident in  i.ssuing  his  Proclamation,  and  when 
that  act  is  done,  we  are  at  once  admitted,  and 
telegraphic  information  of  the  fact  is  sutficient 
to  authorize  us  to  proceed  to  put  the  machinery 
of  the  new  State  in  operation.  That  would 
give  time  for  the  assembling  of  a  Convention, 
and  the  nomination  of  candidates,  if  deemed 
necessary  or  advisable,  and  the  presentation 
of  the  claims  of  those  candidates  before  the 
people  previous  to  the  November  election. 

Mr.  DUNNE.  The  object  is,  I  understand,  to 
have  all  the  candidates  elected  on  the  first 
Tuesday  of  November ;  that  gives  us  some 
eight  or  nine  weeks,  and  if  the  election  takes 
place  at  that  time,  which  will  be  towards  the 
clo.se  of  the  first  week  in  November,  it  will  then 
take  a  considerable  time  to  get  the  returns  of 
the  votes  in  order  to  hold  a  session  of  the  Leg- 
islature for  the  election  of  United  States  Sena- 
tors. Then  it  will  require  another  month  for 
the  Senators,  after  their  election,  to  get  to 
Washington,  and  I  do  not  see  how  we  could 
expect  them  to  get  there  before  the  latter  part 
of  Februar)'. 

Mr.  JOHNSON.  I  believe  it  is  advisable  to 
hold  the  election  at  the  earliest  possible  time, 
and  in  that  I  agree  fully  with  the  gentleman 
from  Humboldt ;  but  I  scarcely  think  under  the 
operation  of  this  provision,  as  we  are  to  vote 
in  September,  and  the  votes  have  to  be  can- 
vassed, the, returns  made  to  the  President,  and 
his  proclamation  issued  upon  those  returns  be- 


140 


LEGISLATIVE  DEPARTMENT. 


[5tli  day. 


Friday,] 


Bbosxax— JoHxsox— Crosman — Stcrtevant— Warwick. 


[July  8. 


fore  we  are  invested  with  the  right  of  electing 
nuy  offic<TS,  that  there  is  time,  under  such  an 
arrangement,  to  enable  us  to  put  in  opciation 
the  nV-.uliinery  of  party  usage,  or  to  carry  it 
into  eftcct  sn  as  to  liold"  an  election  earVuT  ttian 
the  Novi-mbcr  election.  If  we  are  able  under 
the  ojienition  of  this  provision  to  hold  the  elec- 
tion at  the  earliest  day,  and  avoid  the  necessity 
of  holding  s(i  many  elections,  1  would  certainly 
be  in  favor  of  having  an  earlier  election,  espe- 
cially in  view  of  the  importance  of  having  our 
nu'inljei-s  of  Congress  at  Washington  as  early 
as  possible.  But  if  we  postpone  the  election 
until  November.  I  think  it  probable  that  our 
members  will  be  able  to  reach  Washington 
wifliiii  two  or  three  weeks  after  the  asseinlding 
of  Congre,<s.  That  loss  of  time  is  one  of  the 
dlliculties  which  we  must  inevitably  labor 
under,  from  the  fact  that  it  is  already  so  late  in 
the  season,  and  it  is  im])ossil)le  to  get  an  earlier 
vote  on  the  adoiition  of  the  Constitntiou  by  the 
people.  It  is  an  inconvenience  which  I  do  not 
think  it  is  jiossible  ibr  us  to  obviate  under  ex- 
isting circumstances. 

Mr.  BKt  ).<XAN.  Could  not  the  matter  be  re- 
lieved of  difficulty  by  a  clause  in  the  schedule, 
providing  for  a  dillerent,  and  jierhaps  more 
suitable  time,  for  the  first  election  under  the 
Constitution,  and  leaving  this  section  as  it  is 
here  ? 

The  Cn.VimrAN.  That  question  hardly 
comes  up  under  this  section. 

Mr.  J(  )HN.^()N.  1  will  say,  rather  by  way  of 
answering  the  inquiry — and  I  am  speaking  on 
thissultject  by  the  indulgence  of  the  Committee 
— of  c<ini-se  it  is  entirely  competent,  if  it  is 
dei-med  proper,  to  have  the  election  at  an 
earlier  ilay.  This,  however,  should  be  borne 
In  mind— that  it  is  important  to  ])ostpone  the 
election  of  any  officers  under  the  Constitution 
Ut  a  jieriod  beyond  the  vote  upon  the  Con- 
stitution itself  That  is  a  proposition  which 
I  am  decidedly  in  favor  of  But  there  may 
be  a  nu'dium  time  beyond  the  election  upon 
the  Con-^titution.  which  might  be  fixed  upon 
for  the  lii-st  election  by  a  pro\  ision  incorpo- 
rated in  the  Schedule,  If  tiie  Convention  deem 
it  proj)er.  As  I  said  before,  this  which  we  are 
now  engiged  n]>on.  is  the  general  frame-work. 
and  the  exceptions  to  tbiit  frame-work  should 
properly  be  incbnled  within  the  scojte  of  the 
Schedule,  (u-  the  article  on  Miscellaneous  Pro- 
visir)ns.  Though  it  may  be  a  little  out  of  ])lace 
here,  I  will  say  that  I  was  heartily  in  favor  of 
the  anienrjment  jiroposed  by  tlie  gentleman 
from  Humboldt.  (Mr.  iJanks.)  l)eca>ise  this  is 
Hm-  ;.'eneral  frame-work,  and  any  exce])tions 
ought  to  b''  incorporated  elsewhere,  .so  that 
there  may  be  no  conflict  in  this  ](ermanent  por- 
tion of  the  Constitution. 

.Mr.  <'l{0.>M.\N'.  There  is  one  other  objection 
to  till-  s.-riion,  which  occurs  in  the  last  iine.  as 
it  striio's  me.  It  says:  -their  term  of  ollice 
Hhiill  be  two  vears  from  the  day  ne.\t  after  their 
plcftion."  Now  we  are  aware  that  it  is  impos- 
sible to  know,  for  a  few  davs  after  the  election. 


who  are  elected  and  who  are  not.  It  is  all  very 
well  for  the  first  election,  and  perhaps  that 
miglil  be  provided  for  in  the  Schedule.  But  in 
all  tlu'  States  in  which  I  have  lived,  there  ha.s 
b.'cn  an  interval  of  at  least  sixty  days  after  the 
election  before  the  officers  elected  took  office, 
I  suggest  that  it  be  amended  so  that  their  term 
of  office  shall  be  two  years  next  after  the  31st 
day  of  December,  ensuing. 

The  amendment  was  not  seconded. 

There  being  no  further  amendment,  the  sec- 
tion was  adopted. 

TKRNf.S    OF   OFFICE. 

Section  4  was  read,  as  follows  : — 

Sec.  4. "  Senators  shall  be  choseu  at  the  same  time 
and  places  as  members  of  the  Assembly,  by  the  qiiali- 
tied  electors  of  their  respective  districts,  and  their  term 
of  office  shall  be  two  years  from  the  day  next  after  their 
election. 

Mr.  STURTEVANT.  I  move  to  amend  the 
last  clause  of  the  section  by  striking  out  the 
word  '■  two,-'  and  inserting  the.word  '•  four,"  so 
that  it  will  read — 

"And  their  terni  of  office  shall  be  foiir  years  from  the 
day  next  after  election." 

Mr.  WARWICK.  There  appears  to  me  to  be 
very  good  reasons  for  that  amendment,  for,  in 
Section  14,  of  Article  XVIII,  I  find  the  follow- 
ing language : — 

"  At  the  general  election  in  A.  D.  1864,  and  thereafter, 
the  term  of  Senators  .shall  be  for  four  ye;ir.s  from  the 
day  succeeding  such  general  election,  and  members  of 
Assembly  for  two  years,"  etc. 

Therefore,  in  order  to  have  some  uniformity 
in  this  document,  it  Avill  be  necessary  to  make 
this  amendment,  providing  that  the  term  of 
Senators  shall  be  four  vears. 

Mr.  JOHNSON.  My  recollection  is  that  this 
is  a  misprint,  and  that  the  last  Convention 
adopted  the  term  of  four  years  for  Senators. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

Section  5  was  read,  as  follows  : — 

Sec.  5.  Senators  and  members  of  the  Assembly 
shall  be  duly  qualilied  electors  in  the  respective  coun- 
ties and  districts  which  tliey  represent,  and  the  num- 
ber of  Senators  shall  not  be  less  than  one-third,  nor 
more  than  one-half  of  that  of  the  members  of  the  As- 
scmblj-. 

No  amendment  being  offered,  the  section,  as 
read,  was  ado))ted. 
Section  (i  was  read,  as  follows  : — 
Sec.  6.  Each  House  shall  judge  of  the  qualifications, 
elections  and  returns  of  its  own  members,  choose  its 
own  officers,  (except  the  President  of  the  Senate,)  de- 
termine the  rules  of  the  proceedings,  and  may  punish 
its  members  for  disorderly  conduct,  and,  \rith"tiie  con- 
currence of  two-thii'ds  of  all  the  members  elected,  ex- 
pel a  member. 

Mr.  WARWICK.  I  move  to  amend  bv  in- 
serting instead  of  the  word  "elected,"  where  it 
last  occurs,  the  -word  ••  present." 

'file  amendment  was  not  seconded. 

No  further  amendment  being  offered,  the  sec- 
tion was  adopted. 

Section  7  was  read,  as  follows  : — 


5tli  day.] 


LEGISLATIVE  DEPARTMENT. 


141 


Friday,] 


Kennedy— JoHXdON — Fitch — Bkosnan — Lockwood. 


[July  8 


Sec.  7.  Either  House,  diiring  the  session,  may  pun- 
ish, by  imprisonment,  any  person  not  a  member,  who 
shall  have  been  guilty  of  disrespect  to  the  House  by 
disorderly  or  contemptuous  behavior  in  its  presence  ; 
but  such  imprisoiuiieut  shall  not  extend  beyond  the 
final  adjournment  of  the  session. 

No  amendment  being  offered,  the  section,  as 
read,  was  adojited. 

OFFICES    OF   PROFIT. 

Section  8  was  road,  as  follows  : — 
Sec.  8.  No  Senator  or  member  of  Assembly  shall, 
during  the  term  for  which  he  shall  have  been  elected, 
nor  for  one  year  thereafter,  be  appointed  to  any  civil 
office  of  i)rofit  under  this  State  which  shall  have  been 
created,  or  the  emoluments  of  which  shall  have  been 
increased  during  such  term,  except  such  office  as  may 
be  filled  by  elections  by  the  people. 

]\Ir.  KENNEDY.  I  move  to  strike  out  the 
words.  "  nor  for  one  year  thereafter."' 

Jlr.  JOHNSON.  Now,  Mr.  Chairman,  it  must 
be  apparent  to  the  members  of  this  Committee 
what  is  the  object  of  the  incorporation  of  this 
provision.  I  think  it  is  right  as  it  is,  and  I 
hope  those  words  will  not  be  stricken  out.  It 
is  to  prevent  the  creation  of  offices  which  can 
be  filled  by  those  persons  who  themselves  cre- 
ate them.  Sometimes  it  may  occur  that  a  val- 
uable and  important  office  is  proposed  to  be 
created  by  the  Legislature,  and  a  combination 
can  be  made  to  secure  the  passage  of  the 
bill  establishing  such  an  office  by  the  efforts  of 
the  expected  incumbent.  Under  this  provision, 
if  the  amendment  be  adopted,  the  incumbency 
might  be  so  arranged  as  to  ex]nre  within  a 
short  time,  and  then  it  would,  of  course,  be 
necessary  to  supply  the  office. 

Mr.  KENNEDY.     I  withdraw  the  amendment. 

No  other  amendment  being  offered,  the  sec- 
tion was  adopted. 

Section  9  was  read,  as  follows  : — • 

Sec.  9.  No  person  holding  any  lucrative  office  under 
the  G-overnmeut  of  the  United  States,  or  any  other 
power,  shall  be  eligible  to  any  civil  office  of  xjrofit 
under  this  State  ;  provided,  that  Postmasters  whose 
compensation  does  not  exceed  five  hundred  dollars  per 
quarter,  or  commissioner  of  deeds,  shall  not  be  deemed 
as  holding  a  lucrative  office. 

Mr.  FITCH.  I  move  to  amend  the  section 
by  striking  out  tlie  words,  ''  postmasters  whose 
compensation  does  not  exceed  five  hundred 
dollars  per  quarter,  or,"  so  that  the  proviso 
will  read  : — 

"Provided,  that  commissioners  of  deeds  shall  not  be 
deemed  as  holding  a  lucrative  office." 

Mr.  JOHNSON.  I  have  no  objection  to  mod- 
ifying this  provision,  but  to  strike  out  the 
whole  clause,  I»think,  is  not  advisable. 

Mr.  FITGH.  If  the  gentleman  will  move  to 
make  it  '•  per  annum,"  instead  of  "  per  quarter," 
I  will  accept  it. 

Mr.  JOHNSON.  Very  well;  I  will  make 
that  motion,  to  strike  out  the  word  "  quarter," 
and  insert  the  word  "  annum." 

Mr.  FITCH.    I  accept  the  amendment. 

The  question  was  taken,  and  the  amendment 
as  modified  was  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 


BKIBERT. 

Section  10  was  read,  as  follows  : — 
Sec.  10.  Any  person  who  shall  be  convicted  of  the 
embezzlement  or  defalcation  of  the  public  funds  of  this 
State,  or  who  may  be  convicted  of  having  given  or 
offered  a  bribe  to  procure  his  election  or  appointment 
to  office,  or  received  a  bribe  or  reward  to  aid  in  the  pro- 
curement of  office  for  any  other  person,  shall  be  dis- 
qualified from  holding  any  office  of  profit  or  trust  in 
this  State. 

Mr.  BROSNAN.     I  move  to  amend  that  sec- 
tion by  adding  the  following  : — 
"The  Legislature  shall,  as  soon  as  practicable,  jirovide 
by  law  for  the  punishment  of  such  defalcation,  bribery, 
or  embezzlement,  as  a  felony." 

Mr.  LOCKWOOD.  I  move  further  to  amend 
by  striking  out  the  following  language  : — 

"Or  received  a  bribe  or  reward  to  aid  in  the  procure- 
ment of  office  for  any  other  person." 

I  wish  to-say,  in  explanation  of  my  amend- 
ment, that  because  I  may  happen  to  desire  to 
get  some  man,  whom  I  believe  to  be  capable, 
to  fill  a  certain  office,  or  to  prevent  some  man, 
whom  I  believe  to  be  incapable,  from  filling  it, 
and  because  I  may  take  a  notion  to  spend 
money  in  order  to  get  my  friend  into  that  office, 
I  do  not  believe  that  I  ought  for  that  to  be  dis- 
qualified from  holding  any  office  of  profit  or 
trust  in  this  State.  I  do  not  believe  that  is  a 
consequence  which  should  follow  from  doing 
such  an  act.  when  I  believe  I  am  doing  a  ser- 
vice to  the  public. 

Mr.  JOHNSON.  I  do  not  believe  that  such 
an  interpretation  can  be  given  to  the  section, 
and  I  think  the  whole  force  and  vitality  of  the 
section  would  be  impaired,  if  not  destroyed 
efiectually.  by  the  gentleman's  amendment. 
Gentlemen  will  see  how  easy  it  will  l)e  to  avoid 
the  operation  of  the  provision.  Here,  for  in- 
stance, I  am  a  candidate  for  office. — [a  laugh.] 
Well,  there  are  a  good  many  in  the  same  cat- 
egory, I  think.  [Merriment.]  A  man  is  a  can- 
didate for  office,  and,  under  the  operation  of 
this  section,  as  it  is  proposed  to  be  amended, 
he  may  go  and  otter  a  reward  to  an  individual 
to  aid  him  in  procuring  the  apj^ointment  or 
election  to  such  office.  We  incorporate  a  pro- 
vision here  prohibiting  him  from  doing  this, 
but  there  is  nothing  which  would  prevent 
some  other  person  from  acting  for  him,  and 
thus  the  whole  effect  of  the  law  would  be 
destroyed.  I  hope  these  words  will  not  be 
stricken  out,  for  they  certainly  could  not  have 

i  the  application  Avhich  my  colleague  has  sug- 

j  gested. 

I  Mr.  LOCKWOOD.  I  would  suggest  that  it 
would  take  only  the  same  amount  of  evidence 
to  prove  that  the  candidate  was  instrumental  in 
getting  some  other  man  to  offer  a  bribe  for  him, 
that  it  would  take  to  prove  that  he  offered  it 
himself  It  seems  to  strike  at  the  glorious  pre- 
rogative of  electioneering  for  a  man's  friends. 
If  I  have  a  friend  whom  I  believe  to  be  particu- 
larly fitted  for  a  particular  office,  and  I  have  a 
desire,  for  the  sake  of  the  public  good,  to  get 
him  into  that  office,  I  have  a  right  to  use  all 


142 


LEGISLATIVE  DEPARTMENT. 


[5th  day. 


Friday,] 


HovKT— Banks— Fitch— Wakwick—Proctok— Johnson. 


[July  8. 


honorable  moans  to  that  end,  and,  if  it  is  neces- 1     Mr  FITCH.    I  would  like  to  inquire  what 
«"r"  ™'  buy  u  little  whisk.-y .  also.       _  I  would  ho  the  interpretation  of  the  lan-uage  of 

.Mr.  lloS'KV.     Another  objection  i 


that  it   this  section.     Does  it  mean  tliat  one  body  can- 


might  cut  off  some  of  the  revenue  of  the  State 
in  the  way  of  poll-taxes. 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Lockwood,  and  it  was  not  agreed 

The  question  recurred  on  the  amendment 
offered  bv  Mr.  Brosnan. 

Mr.  IJ.VNKS.  I  move  to  amend  by  striking 
out.  after  the  word  "  bribery,''  the  words,  "  or 
reward." 

It  does  seem  to  me  that  those  words  would 
cut  off  the  power  or  rigid  to  contriljute  money 
to  the  funds  of  a  county  committee,  for  in- 
fiUince.  for  the  purpose  of  securing  the  election 
of  a  jtarticular  man.  There  ai  e  a  great  many 
legitimate  expenses  connected  willi  an  election. 
We  have  to  pav  for  the  jtrinting  of  Itallots. 
and  their  distribution,  and  I  fear  that  these  ex- 
penses might  be  construed  as  coming  within  this 
provision.  I  do  not  know  that  I  am  right,  but 
I  fear  that  that  would  be  considered  a  legiti- 
mate construction. 

The  question   was  taken  on  the  amendment 


not  adjourn  to  another  place  without  tiie  con- 
sent of  the  other,  or  that  they  cannot  adjourn  to 
any  other  place  at  all?  It  seems  to  me  that 
one  construction  of  this  section  would  be  that 
neither  House  shall  adjourn  for  more  than 
three  days  without  the  consent  of  the  other, 
nor  adjoilrn,  in  any  event,  to  any  other  place 
than  that  where  they  may  be  holding  their  ses- 
sions. 

Mr.  WARWICK.  Having  seen  this  question 
tried  under  rather  peculiar  circumstances,  I 
think  I  can  enlighten  the  gentleman.  When 
that  contest  comes,  the  House  can  go  where  it 
pleases,  as  our  Chairman  very  well  knows. 

■\Ir.  rilOCTOR.  I  would  inquire  if  this  lan- 
guage will  not  preclude  either  the  Senate  or 
the  House  from  holding  a  secret  session.  I 
think  it  would  ;  and  I  would  ask  other  members 
if  they  do  not  think  it  would  amount  to  a  pro- 
hilntion  of  secret  sessions. 

Mr.  JOHNSON.  In  my  opinion  it  would, 
and  I  am  in  favor  of  preventing  them,  as  I  was 
in   the  last  Convention.     Mv  view  of  the  sub- 


proposed  by  Mr.  Banks,  and  it  was  not  agreed  to.  j^ct  is,  that  the  Senate  and  the  House  are  com- 
The  question  was  taken  on  the  amendment   posed   of   representatives   of  the  people,  and 

proposed  by  Mr.  Brosnan.  and  it  was  agreed  to.  therefore  they  should  possess  no  authority  to 
No  further  amendments  being  oflered,  that    transact  any   business   of  which  their  constit- 


Bocticm.  as  amended,  was  adopted. 

Section  11  was  read,  as  follows  :— 

Sec.  11.  Members  of  the  Legislature  shall  be  privi- 
leged from  arrest  on  civil  iirocoHS  during  the  session  of 
the  Legislature,  and  for  lilteen  days  next  before  the 
commencement  of  each  Bession. 

No  amendmei>t  being  offered,  the  section  was 
ailopted. 

Section  12  was  read,  as  follows  : — 

Bec.  12.  When  vacancies  occur  in  either  House,  the 
Governor  shall  issue  writs  of  election  to  fill  such  va- 
csncy. 

No  amendment  being  offered,  the  section  was 
adopted. 

Section  i:i  was  read,  as  follows  : — 

Sec.  13. 
Mu-h  Uou> 


uencies  shall  not  have  full  knowledge.  I  do 
not  think  there  is  anything  so  sacred  that  can 
gathei'  about  an  organized  body,  termed  a  Sen- 
ate or  a  House  of  Representatives,  which  should 
give  it  the  right  to  transact  any  public  busi- 
ness whatever,  without  the  people  knowing 
what  it  is. 

The  CHAIRMAN.  We  have  had  occasion  in 
California  to  exclude  the  lobby. 

Mr.  JOHNSON.  Yes,  sir.  But  we  have  a 
provision  here  which  you  did  not  have  there 
to  protect  the  Legislature  against  the  lol)by. 
Here  that  power  is  given,  in  a  preceding  part 
of  this  article,  which  reads  : — 

A  majority  of  all  tlie  members  elected  to       Either  House,  during  the  session,  may  puuish,  by 
hhall  constitute  a  quorum  to  transact  busi- I  uiipriscmnunt,   any  person  not  a  member  who  shall 


h;ivc  been  guilty  of  disrespect  to  the  House  by  disor- 
d<'rly  or  conttinptuous  behavior  in  its  presence  ;  but 
such  imprisoumeut  shall  not  extend  beyond  the  final 
adjournment  of  the  session. 

This  provision  is  additional,  I  believe,  to  the 
clause  of  the  California  Constitution,  and  gen- 
tlemen who  were  present  during  the  discussion 
on  this  subject,  in  the  former  Convention,  will 
recollect  that  the  application  of  this  feature 
was  referred  to.  As  the  body  has  ample 
))rotection  against  any  contemptuous  or  dlsor- 
<lerly  behaviour,  although  occurring  without 
the  limits  of  the  assemblage,  I  think  it  may 
well  be  conjded  with  this  other  proposition, 
(liat  neitlk-r  the  Senate  nor  the  more  populiix 
branch  shall  have  the  power  of  doing  what 
fiBf.  l.'i.    Tlie  doors  of  eacli  HfMise  shalltie  kept  open  I  tiieir  constituency  or  the  other  branch  of  the 

dnrinR  iu  sesBi-m,  and  neither  sliall,  wUhout  tlie  on-  j  |,,.frishitiire  have  not  the  privilege  of  knowing. 

•cut  of  the  <ithi-r,  adjourn  for  more  than  thre<'  days,         .,      jnwrvv       ii-u    iu  n  n         ^« 

n.rr  u.  any  other  pla-  e  than  that  in  which  they  may  be  I      Mr.  HO\  EY.     \\  ill  the  gentleman  allow  mc 

bolding  their  uessions. 


De«i!,  but  a  sniiiUir  numbi'r  may  adjourn  from  day  to 
day,  and  may  compel  the  attendance  of  absent  members, 
in  such  manner  and  under  such  penalties  as  each  House 
may  preiKribe. 

No  amendment  being  offered,  the  section  was 
adopted. 

S<'ction  14  was  read,  as  follows  : — 
Set.  14.  Each  House  shall  keep  a  journal  of  its  own 
procwdingH,  which  shall  be  pubhshed,  and  the  ayes 
•ud  uo«H  of  the  members  of  either  House  on  any  ques- 
tion shall,  at  the  desire  of  4ny  three  members  present, 
be  entered  on  the  journal. 

No  amendment  being  offered,  the  section  was 
adopted. 

SECRKT   8KHSI0NS. 

Section  }!>  was  read,  an  follows  : — 


to  ask  liiin  a  question — and  that  is,  whether  in 


5th  day.] 


LEGISLATIVE  DEPARTMENT. 


143 


Friday,] 


Johxso\—Pkoctor—Sti-rtevant— Banks. 


[July  8. 


case  of  a  rebellion,  it  might;  not  be  necessary, 
at  some  time,  to  have  a  secret  session  ? 

Mr.  JOHNSON.  I  think  that  would  l>e  one 
of  the  great  occasions  -when  the  people  ought 
to  know  exactly  what  their  representatives  are 
doing. 

Mr.  PROCTOR.  I  would  certainly  be  in  favor 
of  making  an  amendment  here,  giving  the  Sen- 
ate the  right  to  close  its  doors  while  doing  a 
certain  class  of  business ;  as,  for  example,  in 
cases  where  the  concurrence  of  the  Senate  is 
required  in  nominations  to  office  by  the  Gover- 
nor. In  such  a  case,  if  the  doors  Avere  open 
while  the  Senate  were  engaged  in  discussing 
the  character  of  the  person  recommended,  there 
would  undoubtedly  be  a  certain  amount  of 
restriction  thrown  around  the  members  of  the 
Senate.  I  mean  that  a  man  would  not  like  to 
express  his  opinions  as  treely  in  the  presence  of 
the  whole  world  as  he  would  if  there  were 
nobody  present  except  the  members  of  the  body. 
I  move  to  amend,  by  inserting  after  the  word 
"  session/'  in  the  second  line,  the  words  "  except 
the  Senate,  while  sitting  in  executive  session."' 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

VACANCIES. 

Mr.  STURTEVANT.  Before  we  go  any 
further,  I  think  we  should  make  a  little  amend- 
ment to  Section  12,  and  I  wish  to  call  the  at- 
tention of  the  Committee  to  it,  although  not 
strictly  in  order.  ["  Leave,  leave."]  It  is  this 
word  "  shall."  The  language  of  the  section 
is  : — 

When  vacancies  occur  in  either  House,  the  Governor 
shall  issue  writs  of  election  to  fill  such  vacancy. 

I  will  move,  if  there  is  no  objection,  to 
amend  the  section  by  sti'iking  out  the  word 
"shall  "  and  inserting  the  word  "may,"  and  I 
will  give  my  reasons  for  proposing  the  amend- 
ment. It  may  be  that  a  member  would  resign, 
or  a  vacancy  might  be  caused,  either  by  resig- 
nation or  otherwise,  within  the  last  few  days  of 
the  close  of  the  session ;  and  yet  by  this  pro- 
vision there  would  be  no  option  with  the  Gov- 
ernor. It  says  he  "  shall  "  issue  the  writs  of 
election  in  any  such  case,  although  it  might  be 
impossible  to  have  an  election  before  the  ses- 
sion would  actually  expire. 

Mr.  JOHNSON.  The  change  of  words  which 
the  gentleman  from  AVashoe  proposes  is  sus- 
ceptible to  this  objection  :  If  the  Governor  is 
clothed  with  this  discretionary  power,  it  may 
possibly  happen  under  circumstances  such  as 
have  occurred  in  our  political  experience, 
not  in  this  Territory,  but  where  political  par- 
ties have  been  so  evenly  balanced  that  it 
was  impossible  to  effect  an  organization  of  one 
branch  of  the  Legislature  without  the  presence 
of  all  the  members  of  that  body,  that  no  organi- 
zation could  possibly  be  effected  without  sup- 
plying a  vacancy  through  the  instrumentality 
of  an  election..   Under  such  circumstances,  the 


Governor  might  chance  to  belong  to  a  political 
party  differing  fi-om  the  one  supposed  to  pre- 
ponderate in  the  place  where  the  election  was  to 
be  held,  and  for  that  reason  he  might  refuse 
to  issue  the  writ  calling  such  election. 

This  matter  was  discussed  somewhat  in  the 
formei'  Convention,  and  for  these  reasons — and  I 
conceive  very  properly— it  was  deemed  neces- 
sary by  that  Convention  to  incorporate  here 
the  word  '•  shall,"  or  in  some  way  to  make  it 
imperative  upon  the  Governor  that  in  case  of  a 
vacancy,  from  any  cause  whatever,  the  duty 
should  devolve  at  once  upon  him  to  apply 
to  the  people  to  fill  that  vacancy,  so  that 
no  county  should  be  deprived  of  its  just  re- 
liresentation  in  the  Legislature.  it  may 
be  very  important  that  the  Executive  shall 
have  no  power  to  refuse  to  provide  for  such 
representation.  It  might  never  hajipen  that 
the  Executive  would  do  anything  of  the  kind, 
but  it  is  best  to  prevent  the'  possibility  of  such 
a  case  occurring. 

The  question  was  taken  on  Mr.  Sturtevant's 
amendment,  and  it  was  not  agreed  to. 

Section  1(5  was  read,  as  follows  :^ 

Sec.  16.  Any  bill  may  originate  in  either  House  of 
the  Legislature,  and  all  bills  passed  by  one  may  be 
amended  in  the  other. 

No  amendment  being  offered,  the  section  was 
adopted. 
Section  17  was  read,  as  follows  : — 

Sec.  17.  Each  law  enacted  by  the  Legislature  shall 
embrace  but  one  subject,  and  matter  properly  con- 
nected therewith,  which  subject  shall  be  briefly  ex- 
pressed in  the  title;  and  no  liiw  shall  be  revised  or 
amended  by  reference  to  its  title:  but,  in  such  case, 
the  act  as  revised,  or  section  as  amended,  shall  be  re- 
enacted  and  pubUshed  at  length. 

No  amendment  being  oflered,  the  section  was 
adopted. 

FINAL    PASSAGE    OF   BILLS. 

Section  18  was  read,  as  follows  : — 

Sec.  18.  Every  bill  shall  be  read  by  sections  on  three 
several  days,  in  each  House,  unless,  in  case  of  emer- 
gency, two-thirds  of  the  House,  where  such  bill  may  be 
pending,  shall  deem  it  expedient  to  dispense  with  this 
rule ;  but  the  reading  of  a  bill  by  sections,  on  its  final 
passage,  shall  in  no  case  be  dispensed  with,  and  the 
vote  on  the  passage  of  every  bill,  or  joint  resolution, 
shall  be  taken  by  ayes  and  noes,  to  be  entered  on  the 
journals  of  each  House;  and  a  m-ijority  of  all  the  mem- 
bers elected  to  each  House  shall  be  necessary  to  pass 
every  bill  or  joint  resolution,  and  all  bills  or  joint 
resolutions  so  passed,  shall  be  signed  by  the  presiding 
officers  of  the  respective  Houses. 

Mr.  BANKS.  Is  it  intended  by  this  section 
that  the  ayes  and  noes  shall  be  taken  upon  the 
reading  of  the  bill,  or  only  upon  the  final  pas- 
sage ? 

Mr.  JOHNSON.     Fpon  the  final  passage. 

Mr.  GIBSON.     That  is  what  it  savs. 

Mr.  BANKS.     It  says— 

"But  the  reading  of  a  bill  by  sections  on  its  final  pas- 
sage shall  in  no  case  be  dispensed  with,  and  the  vote 
on  the  passage  of  every  bUl  or  joint  resolution  shall 
be  taken  by  ayes  and  noes. " 

Now,  upon  the  final  pa.ssage  it  must  be  read 


lU 


LEGISLATIVE  DEPARTMENT. 


[5th  day. 


trjday,]        Johnson— Proctou-Warwick—Chapin—Sturtevant— Dunne— Fitcii.        [July  8. 


l»v  Bections,  but  is  it  intended  that  tlie  ayes  and 

hIk'.-  sli:(ll  b.'  taken  upon  fach  of  the  readings? 

Mr.  JOHNSON.     The  bill  cannot  be  pivssed 

but  once.  ,  ,  ,      ,, 

Mr.  I'.ANKS.  "Well.  I  thuik  that  wouUl  be  the 
reu-'inable  constrnction. 

Mr.  I'KOCTOK.  I  see  one  very  serious  ob- 
joctioii  here,  as  it  appears  to  nie,  and  that  is, 
that  il  requires  a  majority  of  all  the  members 
I'lected  !i)  pii^s  a  bill,  and  the  House  mijrht  get 
di»w!i  sii  low  that,  under  this  jjrovi.sion,  one  vote 
might  kill  a  bill.  We  might  have  a  (luorum  of 
oniv  one  more  than  a  majority;  that  is,  forty 
members  constituting  the  House,  only  twenty- 
oiu-  might  be  present,  and  then  one  man  could 
kill  a  liill.  under  this  section,  as  it  was  read.  _  I 
movi-  to  strike  out  the  word  -'elected,"  and  in- 
sert the  word  -present." 

Mr.  .JOIIN.-^ON.  Now.  it  must  be  apparent 
to  gentlemen  who  have  had  legislative  experi- 
ence, and  even  to  tho.se.  also,  who  have  not, 
what  the  object  of  this  provision  is.  It  Is  to 
prevent  a  great  deal  of  unnecessary  .special  legis- 
lation, and  not  only  that,  lull  to  defeat  the  usual 
course  of  proceeding  of  outside  operators.  If 
they  have  a  bill  before  the  Legislature,  and  that 
bill  has  not  enough  merit  in  it  to  secure  the 
votes  of  a  majority  of  all  the  members  elected, 
I  am,  for  one,  prepared  to  say  that  it  ought  not 
to  i)a.ss.  I  concede  the  extent  of  the  objection 
ma<le  by  the  gentleman  from  Nye,  (Mr.  Proctor.) 
that  if  meinbei-s  are  absent  from  the  House 
in  such  numbers  that  it  is  reduced  to  a  quorum 
nierelv,  the  vote  of  a  single  man  would  defeat 
the  passage  of  any  bill ;  and,  sir,  the  object  of 
this  provTsion  is  to  reach  just  such  cases,  for  I 
have  wen.  and  many  others  have  seen,  that 
when  an  obnoxious  bill  came  u))  there  would 
be  a  general  skedaddling  of  meml)ers.  who 
would  get  out  of  the  way,  leaving  jierhaps 
le.s.s  than  a  quorum  to  defeat  the  bill.  It  was 
to  jirevent  just  such  operations  as  these  that  I 
had  the  honor  of  drafting  this  section  as  it 
ix  here,  and  I  hope  it  will  be  allowed  to  remain 
without  any  change.  The  etfect  of  it  must  be 
benelicial  at  least  to  the  peojjle.altlunigli  it  may 
defeat  the  machinations  of  those  who  are  inter- 
ested in  this  obnoxious  character  of  legislation. 

Mr.  WAltWK'K.  I  have  only  (Uie  word  to 
Bay  on  this  (piestion.  but  I  have  known  of  very 
important  instances  in  point.  One  of  the  inost 
important  measures  which  ever  canu-  before 
the  Legislature  of  California,  of  which  I  had 
the  iioiior  to  br'  a  member,  was  pa.ssed  at  a  time 
when  the  absi'nce  of  a  few  members  would, 
under  this  provision,  havi*  (b-feated  that  nu»a- 
pure.  I  have  known  a  case  where  one  man  has 
ab-iented  liim-elf,  apparently  to  tlefeal  the  con- 
viction of  cirtain  parties  whom  it  was  deenu'd 
vry  desirable  to  convict.  TlnTefore.  I  would 
like  to  see  this  section  amended  )»y  substitut- 
ing the  word  "  present "'  instead  of  the  word 
"  elected." 

Mr.  <"H M'IN.  I  hope  no  amendment  will  be 
muile  in  this  section,  because  we  rely  upon  it 
for  protection  against  those  '•  bumming  "  bills 


which  are  brought  up  at  every  session  of  the 
Legislature.  I  hope  the  section  will  remain  as 
it  is. 

Mr.  STURTEYANT.  I  cannot  help  agreeing 
with  the  gentleman  from  Ornisby,  (Mr.  John- 
son,) and  those  other  gentlemen  who  have  spo- 
ken on  that  side,  in  the  greater  part  of  what 
they  have  said  ;  but  I  desire  to  call  the  atten- 
tion of  men  who  have  had  much  experience  in 
the  Legislature  of  this  Territory  to  the  facts  as 
they  exist ;  and  I  ask  them,  in  all  sincerity,  if 
they  do  not  positively  know  that  the  most  ben- 
elicial acts  ever  passed  in  the  Legislature 
of  this  Tenitory  have  been  barely  carried 
through  by,  perhaps,  one  vote.  AViien  there 
comes  up  in  the  Legislature  a  bill  of  very 
great  conseqiience  to  the  public,  that  is  sure  to 
be  a  measure  that  has  enemies — zealous  ene- 
mies and  warm  friends.  There  is  no  such  thing 
as  a  good  law  but  what  there  are  two  sides  to 
the  question,  and  often  there  are  two  political 
parties  divided  upon  it,  and- divided  pretty 
equally.  I  think,  when  we  cannot  rely  upon 
a  Legislature  of  our  own  choosing,  we  had 
better  choose  again.  Although  it  may  work 
detrimentally,  in  certain  instances,  yet,  I  say, 
"  sleepers  "  are  worse  than  "  bummers."  I  am 
opposed  to  letting  men  run  away  and  shirk  the 
responsibility.  I  think  this  amendment  is  a 
proper  one,  and  I  have  spoken  only  of  what  I 
have  myself  seen  in  this  Territory. 

Mr.  PROCTOR.  I  am  perfectly  willing  to 
admit  the  force  of  the  position  taken  by  the 
gentleman  from  Ormsby,  (Mr.  Johnson.)  in  re- 
gard to  i)arties  who  have  that  sort  of  bills  to 
get  through  the  Legislature ;  but  it  seems  to 
nu-  that  a  better  way  to  provide  against  thieving 
bills  can  be  devised.  Under  this  provision,  I 
can  see  how  a  whole  session  of  the  Legislature 
might  pass  away  without  enacting  a  single  law, 
merely  because  five  or  six  members  happened 
to  be  absent ;  anil  gentlemen  will  observe  that 
more  than  that  number  of  members  are  absent 
from  this  (Jonvention  now. 

Mr.  CIl  APIN.  In  such  a  case,  let  them  move 
a  call  of  thi!  House  aiul  compel  the  absent 
members  to  come  in.     Thev  can  alwavs  do  that. 

Mr.  PliOCTOR.     Not  until  they  have  taken 

the  oath  of  office,  I  think.      If  you  had  but 

twenty-live  juembers  in  the  House,  and  a  bill 

canu?  up  which  live  members  only  were  opposed 

to,  you  could  never  get  that  bill  passed.    I  have 

more  contidence  in  legislative  bodies  than  some 

[  gentlemen  here  seem  to  have,  and  I  think  the 

I  better  way    is    to    provide   other  restrictions 

j  against  thieving  bills. 

Mr.  Dl'NNL.     The  very  objection  the  gentle- 
man urges  constitutes  one  reason  why  I  am  in 
favor  of  this  section.     It  will  prevent  too  much 
t  legislation.     The  fact  is,  that  whenever  the  Le- 
gislature is  in  session,  the  people  wait  with  fear 
and  trembling  for  it  to  adjourn,  and  then  they 
j  thank  Ood  that  it  is  over.     [Laughter.] 
}      Mr.   I'TfCH.      I  do   not   esteem   myself  so 
j  highly,  perhaps,  as  some  of  the  rest  of  the  gen- 
I  tlemen  around  me,  but  I  may  be   pardoned 


5th  day.] 


KIGHT  OF  SUFFRAGE. 


145 


Friday,] 


Banks — Fitch — Dinxe — DeLong — Collins — Brosnan — President. 


[July  8. 


when  I  say  that  I  do  not  think  all  the  honesty, 
intelligence,  and  statesmanship  that  the  present 
Territory  and  future  State  of  Nevada  is  ever 
likely  to  produce  is  concentrated  in  this  Con- 
vention ;  and  I  do  not  know  that  we  have  a 
right  to  make  imputations  upon  Legislatures 
which  may  he  elected  after  us,  or  to  say  that 
they  will  not  be  quite  as  able,  honest,  and  in- 
telligent as  we  are.   • 

Mr.  BANKS.    Yes,  we  have  a  perfect  right. 

Mr.  FITCH.  I  see  a  disposition,  I  think,  to 
endeavor  to  make  this  Constitution  a  little  too 
near  perfection,  not  leaving  enough  to  the 
representatives  of  the  people  who  are  to  be 
elected  hereafter.  For  that  reason,  I  shall  vote 
for  the  amendment. 

The  question  was  taken  on  Mr.  Proctor's 
amendment,  and  it  Avas  not  agreed  to — ayes,  7  ; 
noes,  not  counted. 

Mr.  BANKS.  I  move  to  amend  the  section, 
by  inserting  the  word  '■  final,"'  before  the  word 
'•  passage,"  so  as  to  read — "  and  the  vote  on  the 
final  passage  of  every  bill,"  etc.  I  offer  this 
amendment  for  the  purpose  of  making  it  cor- 
respond with  the  term  supposed  to  have  the  self- 
same meaning  which  occurs  just  previous. 

The  (question  was  taken,  and  the  amendment 
was  agreed  to. 

No  liirther  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

Mr.  DUNNE.  I  move  that  the  Committee 
rise,  report  progress,  and  ask  leave  to  sit  again. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

IN   CONVENTION. 

The  PRESIDENT  having  resumed  the  Chair, 

The  CHAIRMAN  reported  that  the  Com- 
mittee of  the  "Whole  had  had  under  considera- 
tion Articles  II  and  HI  of  the  Constitution,  and 
had  instructed  him  to  report  them  back  to  the 
Convention,  with  some  amendments,  in  which 
he  was  instructed  to  ask  the  concurrence  of 
the  Convention.  Also,  that  the  Committee  of 
the  Whole  had  had  under  consideration  Article 
IV,  had  made  some  progress  thereon,  and  had 
instructed  him  to  ask  leave  to  sit  again. 

Leave  to  sit  again  on  Article  IV  was  granted. 

Mr.  DeLONG.  I  move  to  suspend  the  rule 
requiring  Articles  II  and  HI  to  go  on  file,  and 
that  they  be  now  ordered  engrossed. 

The  question  was  taken  on  agreeing  to  the 
amendments  to  Articles  II  and  III,  as  adopted 
in  Committee  of  the  Whole,  and  the  amendments 
were  agreed  to. 

The  question  was  taken  on  ordering  Articles 
n  and  HI  to  be  engrossed  for  a  third  reading, 
and  they  were  ordered  engrossed. 

The  hour  of  12  o'clock  having  arrived,  the 
President  declared  the  Convention  at  recess 
until  1  o'clock,  P.  M. 

AFTERNOON  SESSION. 

The  Convention  met  at  one  o'clock,  P.  M., 
and  Avas  called  to  order  by  the  President. 


RIGHT   OF  SUFFRAGE. 

Mr.  COLLINS.  I  wish  to  call  the  attention 
of  the  Convention  to  Section  9  of  Article  II,  on 
the  Right  of  Suffrage.  I  think  that  article  has 
passed  to  its  engrossment,  and  I  would  like  to 
know  if  it  would  not  be  in  order  now  to  move 
a  slight  amendment. 

Mr.  BANKS.  I  hope  the  amendment  will  be 
read  for  information. 

EXEMPTION    OF   INDI.VNS. 

Mr.  COLLINS.  I  wish  to  amend  the  sec- 
tion by  inserting  a  proviso,  exempting  Indians 
from  paying  the  annual  poll-tax,  and  I  would 
suggest  the  propriety  of  describing  the  class  of 
Indians  exempted,  in  some  way,  because  here, 
as  in  other  States,  an  Indian  may  acquire  pro- 
perty, and  settle  down  like  other  people,  and  in 
that  case  he  should  be  subject  to  pay  a  poll- 
tax. 

Mr.  DeLONG.  I  will  second  the  amendment, 
because  the  Sujtreme  Court  of  California  have 
decided  that  Chinamen  are  Indians. 

The  I'RKSIDENT.  The  amendment  can  be 
made  by  unanimous  consent. 

Mr.  DeLONG.  The  gentleman  might  shape 
his  motion  so  as  to  instruct  the  Engrossing 
Committee  to  make  the  amendment. 

Mr.  BROSNAN.  I  would  suggest  further, 
that  in  the  case  of  an  educated  American 
Indian — because  they  may  become  educated, 
occasionally,  since  Ave  have  provided  for  insti- 
tutions of  learning — if  he  becomes,  also,  a  man 
of  property,  then  if  he  is  to  be  taxed,  it  seems 
to  me  he  should  also  have  the  right  of  suffrage. 

The  PRESIDENT.  I  Avill  state,  in  illustra- 
tion, that  I  haA'e  knoAvledge  of  one  instance  in 
point.  A  member  of  the  Pah  Ute  tribe  is  now 
living  here  Avho  is  an  educated  Indian,  and  in 
the  service  of  the  Government,  I  believe,  at  a 
regular  salary.  There  may  be  other  instances 
of  that  kind,  and  I  do  not  suppose  it  is  the  de- 
sire of  the  Convention  to  exempt  such  persons 
from  taxation.  The  person  of  Avhom  1  speak 
is  in  the  service  of  our  Government,  in  the 
capacity  of  an  interpreter. 

Mr.  DeLONG.  I  suggest  that  the  amendment 
be,  to  insert  the  Avords,  '-uncivilized  American 
Indians."  and  tl^'U  a  man  of  that  class  Avould 
not  be  exempted. 

Mr.  COLLINS.  In  some  of  the  Southern 
States,  the  Cherokee  tribe  of  Indians  are  civil- 
ized, and  hold  property,  which  is  protected  by 
the  Government  and  the  laws.  The  time  may 
not  be  far  distant  Avhen  the  Indians  of  this  Ter- 
ritory may  come  under  beneficent  influences, 
and  Ijecome  a  civilized  body  of  men.  As  soon 
as  that  is  done,  it  seems  to  me  that  they  should 
Ijecoine  citizens,  at  least  so  far  as  to  share  in 
the  support  of  the  Government.  I  think,  by 
using  the  Avords,  "  Avild  American  Indians,"  or 
"uncivilized  Indians,"  Ave  shall  make  a  clear 
distinction  between  the  Chinese,  Kanakas,  and 
Mongolians,  and  the  Indian  tribes  Avhom  we  do 
not  desire  to  tax. 


14G 


LEGISLATIVE  DEPARTMENT. 


[5th  day. 


Friday,]  Brosnak— Collins— Banks— Lockwood—Hawley— Kennedy— Dunne.       [July  8. 


Mr  BROSXAX.  In  the  California  Constitu- 
tion ilu-v  have  jirovided  that  enlightened  and 
«duc:itt'(l  Indians  may  bo  permitted  to  exerci.se 
the  ri^rht  of  sulfrage. 

Mr.  COLLINS.  1  believe  that  the  motion  is 
that  tlie  Kn<rros.sing  Clerks  be  Instructed  to  in- 
sert tliese  words.  I  will  modify  the  motion  so 
a^  to  rea<l.  -wild  and  unedncated  Indians." 

Mr.  n.VNKS.  I  think  •'uncivilized"  is  best 
-wild.  iiiuivilize(L  and  uneducated  Indians."" 

Mr.  HUi  ).-^NAN.  The  corresponding  section 
of  tlie  California  Constitution  reads  thus  : — 

Kvory  white  lualo  citizen  of  the  tJnited  States,  and 
fvtrv  white  male  citizen  of  Mexico  who  shall  have 
elei-t'eJ  to  become  a  citizen  of  the  Vnif.il  States,  umler 
the  treatv  of  peace  exchanged  and  ratilied  at  tjueretaro 
on  the  aiith  day  of  May,  1S4H,  of  the  age  of  twenty-one 
vears.  who  t^haU  have  been  a  re.«idcnt  of  the  State  six 
inontiis  next  preceding  the  election,  and  of  the  county 
or  dii^trict  iu  which  he  claini.s  his  vote  thirty  days, 
shall  be  entitled  to  vote  at  all  elections  which  arc  now, 
or  hereafter  may  be,  authorized  by  law ;  provided  tliat 
nothing  lierein  contained  shall  be  construed  to  prevent 
the  L<'gi!*Iiiture,  by  a  two-thirds  concurrent  vote,  from 
admitting  to  the  right  of  suflfrage,  Indians,  or  the  de- 
8«.-eudents  of  Indians,  iu  such  spcu-ial  cases  as  such  por- 
tion of  the  legislative  body  may  deem  just  and  proper. 

The  PRlv^^lDKN'T.  That  only  has  reference 
to  thi-  right  of  suffrage. 

Mr.  BliOSNAN.     Yes.  sir. 

Mr.  CULLIN.S  modified  his  amendment  so 
as  to  move  that  the  Committee  on  Engrossment 
be  instrneted  to  amend  Secti(Ui  .s,  (formerly 
Section  9).  of  Article  H,  entitled  '-Right  of 
Siilfrage.""  by  inserting  the  words  "  uncivilized 
American. ■■  Vtefore  the  word  Indian,  so  that  the 
eection  would  read  : — 

Sec.  fi.  The  Legislature  shall  provide  by  law  for  the 
payment  of  an  annual  poll-tax  of  not  less  than  two  nor 
ficeeding  four  dollars  from  each  male  per.son  resident 
in  the  State  of  the  age  of  twenty-one  years  or  upwards, 
uncivilized  .\merican  Indians  excelled  ;  one-half  to  be 
applied  for  State,  and  one-half  for  county  jjurposes  : 
and  the  Legislature  may  make  such  pajTneut  a  condi- 
tion to  the  right  to  voting. 

Mr.  LOCIvWOOl).  I  desire  to  ask  one  ques- 
ti<in  for  information.  I'ndei'  this  section,  would 
the  Legislature  have  the  ))ower  to  e.\eini)t  sick 
or  indigent  persons  from  the  payment  of  a  poll- 
ta.v? 

The  I'KI-^IDENT.     The  Chair  thinks  not. 

Mr.  LOCKWOUI).  Then  I  desire  to  amend. 
or  rather  I  will  throw  it  out  as  a  suggestion. 
tliat  an  amendment  should  be  made  in  that  re- 
spect. 

The  rifESIDE.N'T.  The  section  can  only  be 
amended  at  this  stage  ol  the  proceedings,  by 
unanimous  conscnl. 

Mr.  L()("lv\VO()l).  I  merely  desired  to  call 
atteiitiou  to  till!  fact,  because  the  Constitutions 
of  mo^t  of  the  States  which  1  have  examined, 
h;iM"  a  )irovisi(Ui  of  that  kind  in  them. 

Mr.  KINKK.M).  1  think  the  aiuemlment  sug- 
gesN'd  might  be  submitted,  with  th<'  otluT. 

.Mr.  li.WVLKV.  I  submit  whether  it  would 
not  be  better  to  allow  this  whole  mutter  to  lie 
upon  the  table  until  we  reach  it  iu  the  regular 
cour-cof  business,  anil  then  let  us  e.vamine  it 
thoroughly.  With  all  liue  deference,  I  will 
uiovi'  to  lay  the  subject  on  the  table. 


Mr.  COLLINS.  If  it  should  happen  that  I 
should  not  be  present  when  this  article  comes 
up  again,  will  the  gentleman  .see  to  it  that  such 
an  amendment  is  brought  before  the  Conven- 
tion ? 

Mr.  HAWLEY.  Certainly,  I  will,  if  I  am 
present. 

Mr.  COLLINS.  Then  I  am  willing  to  with- 
draw mv  motion. 

The  PRESIDENT.  Does  the  Chair  under- 
stand that  there  is  unanimous  con.sent  to  the 
amendment  proposed  by  the  gentleman  from 
Ormsby  (Mr.  L(jckwood)  ? 

Mr.  KENNEDY.  I  cannot  agree  to  give 
unanimous  consent,  for  the  reason  that  I  should 
be  opj)Osed  to  such  an  amendment. 

Mr.  LOCKWOOD.  I  do  not  wish  to  offer  the 
amendment  now  ;  I  only  called  attention  to  it. 

The  cpiestion  was  taken  on  Mr.  Collins"s  mo- 
tion, and  it  was  agreed  to. 

EXECUTIVE    DEPARTMENT. 

Mr.  DUNNE.  I  move  that  the  Convention 
resolve  itself  into  Committee  of  the  Whole,  the 
President  remaining  in  the  Chair,  for  the  further 
consideration  of  Article  IV,  entitled  the  Legis- 
lative Department. 

Mr.  KENNEDY.  I  think  it  would  be  well, 
before  putting  that  motion,  to  read  Article  V. 
and  refer  that  also  to  the  Committee  of  the 
Whole.  I  think  we  may  get  through  them  both, 
to-day. 

Mr.  DUNNE.  I  will  withdraw  my  motion, 
for  that  purpose. 

On  motion  of  Mr.  KENNEDY,  Article  V,  en- 
titled Executive  Department,  was  taken  up. 
read  a  second  time  by  title,  and  referred  to  the 
Committee  of  the  Whole. 

LEGISLATIVE   DEP.VRTMENT. 

Mr.  DUNNE.  I  now  renew  my  motion  that 
tlu'  Convention  resolve  itself  into  Committee  of 
the  Wliole.  for  the  consideration  of  the  residue 
of  Article  IV,  entitled  Legislative  Department, 
the  1 'resident  remaining  in  the  Chair. 

The  (juestion  was  taken,  and  the  motion  was 
agreed  to. 

COMMITTEE    OF   THE    WHOLE. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  the  President  re- 
maining in  the  Chair,  and  resumed  considera- 
tion of  Article  IV,  entitled  Legislative  Depart- 
ment. 
Section  19  was  read,  as  follows  : — 
Sec.  19.  No  money  sh.ill  In/  drawn  from  the  Treasury 
but  in  consequence  of  ;iiii]r(iiiiiat  ions  made  l)y  law.     An 

ac<!urate  statement  of  thi'  i .ipts  and  expen"ditures  of 

the  public  money  shall  be  attached  and  publislied  with 
the  laws  at  every  regular  session  of  the  Legislature. 

No  amendment  being  offered,  the  section,  as 
read,  was  adopted. 

SPECIAL  LEGISLATION. 

Section  20  was  read,  as  follows  : — 
SKr.  20.     The  Legislature  shall  not  pass  local  or  spe- 
cial laws  in  any  of  the  following  enumerated  cases,  that 


5tli  day.] 


LEGISLATIVE    DEPARTMENT. 


147 


Friday.] 


Banks— Frizell— Fitch— Colldjs—Hawley. 


[July  8. 


is  to  say:  Eegulating  the  jurisdiction  and  duties  of  Jus- 
tices of  the  Peace  aud  of  Constables ;  for  the  ijunishment 
of  crimes  and  misdemeanors ;  regulating  the  practice  of 
courts  of  ju.'^tice ;  i)roviding  for  changing  the  venue  in 
civil  and  criminal  cases  ;  granting  divorces ;  changing 
the  names  of  persons  :  vacating  roads,  town  plots, 
streets,  alleys,  and  public  squares  ;  summoning  and 
empanneling  grand  and  petit  juries,  and  ijroviding  for 
their  compeusatiim:  regulating  county  and  township 
business ;  regulating  the  election  of  county  and  town- 
ship officers,  and  their  compensation  for  the  assess- 
ment and  collection  of  taxes  for  State,  county,  aud 
townshiii  iiurposes;  in  relation  to  fees  and  salaries:  tn 
relation  to  interest  on  money:  iiroviding  for  oi^ening 
and  conducting  electitms  (if  .State,  county,  or  township 
officers,  aud  designating  the  place  of  voting ;  providing 
for  the  sale  of  real  estate  belonging  to  minors  or  other 
persons  laboring  under  legal  disabilities. 

Mr.  BANKS.  I  move  the  following  amend- 
ment :  after  the  word.s  '•  streets,  alleys,  and  pub- 
lic squares,"  insert  the  following  : — 

"And  the  granting  of  franchises  for  the  construction 
of  toll-roads,  toll-bridges,  and  street-railroads." 

There  are  enumerated  in  this  Section  20.  a 
number  of  things,  upon  which  it  is  designed  to 
prevent  special  legislation.  Now.  I  am  not 
willing  to  concede  that  all  special  legislation  is 
wrong,  and  I  therefore  desire  to  see  some  such 
section  adopted,  aud  to  see  those  things  where 
there  obviously  should  be  no  special  legisla- 
tion enumerated.  Among  those  things,  I  thinlv, 
should  properly  stand  street-railroads,  toll- 
bridges,  and  toll-roads.  There  is  no  material 
provision  concerning  the  construction  of  a  toll- 
road  in  one  part  of  the  country  which  will  not 
apply  to  another  part  of  the  country,  and  there- 
fore it  can  all  be  provided  tor  in  a  general  law, 
leaving  it  to  the  Supervisors  or  County  Com- 
missioners, or  whatever  officers  Ave  provide  for  in 
that  connection,  to  determine  who  shall  enjoy 
such  privileges  under  a  general  law.  And  the 
same  remark  applies  to  toll-roads,  toll-bridges, 
and  street-railroads. 

Mr.  FRIZELL.  I  rise  for  information.  This 
section  says  that  the  Legislature  shall  not  pass 
local  or  special  laws  in  certain  cases,  and  then 
the  cases  are  enumerated.  One  clause  of  it 
seems  to  refer  to  the  fees  and  salaries  of  county 
officers.  Now,  it  appears  to  me.  that,  although 
it  might  be  possible  to  fix  the  fees  of  office  at  a 
uniform  rate,  yet,  in  cases  where  they  are  paid 
by  salaries,  those  salaries  must  necessarily  be 
different.  In  the  county  of  Storey,  for  example, 
the  county  officers  should  have  greater  salaries 
than  the  same  officers  should  be  allowed  in  the 
county  of  Churchill,  or  some  of  the  other 
counties. 

Mr.  BANKS.  I  will  endeavor  to  make  an 
explanation  on  that  point,  and  it  is  one  which 
covers  a  great  many  other  things  in  this  section. 
The  point  which  the  gentleman  makes,  as  I  un- 
derstand him,  and  I  hope  I  shall  be  corrected 
if  I  am  wrong,  is  this :  How  can  we  provide  a 
general  law,  or  how  can  we  make  or  cause  to 
be  made,  a  general  law  which  will  provide  equi- 
tably for  the  salaries  for  the  same  officers  in  dif- 
ferent counties  where  the  duties  are  different  ? 
Now,  take  the  case,  if  you  please,  of  the  County 
Recorders.  Suppose  we  provide  that  the  County 


Recorders  shall  be  compensated  by  salarie.?  in- 
stead of  fees,  as  they  did  in  San  Francisco,  do- 
ing away  with  the  fee  system  entirely,  and 
adopting  a  salary  system  'instead.  Supp<,>e 
we  say  the  Legislature  shall  pass  a  law  pro- 
viding for  salaries,  instead  of  fees.  Then,  the 
way  it  would  be  adjusted  would  properly  be, 
that  where  the  receipts  are  greater,  the  salaries 
should  be  greater  in  proportion.  Of  course, 
the  general  expenses  of  the  office  would  be 
paid  from  the  fees,  and  the  salaries  would  be 
liuid  from  the  county  treasury.  The  fees  being 
paitl  into  the  county  treasuiy,  the  Legislature 
could  provide  that  in  cases  "where  the  fees  so 
paid  by  the  County  Recorder  reached  a  certain 
amount,  the  salary  should  be  so  much,  aud 
where  the  fees  reached  another  certain  amount, 
it  should  be  so  much  more,  regulating  the  mat- 
ter iipon  a  scale  very  nmch  like  that  es- 
tablished in  the  nuttter  of  mercantile  licenses. 
In  that  way  they  could  have  a  general  law 
which  would  be  adajjted  to  the  wants  of  each 
particular  county,  no  matter  what  amount  of 
business  was  done  in  such  county. 

Mr.  COLLINS.  Take  the  case  of  a  Post 
Office,  for  instance. 

Mr.  BANKS.  Yes.  sir ;  that  is  an  illustration 
exactly  in  point ;  I  did  not  think  of  it. 

ilr.  FITCH.  I  wish  to  expreess  my  opposi- 
tion to  this  amendment.  I  think  that  the'granting 
of  toll-i'oad  and  bridge  fnmchises,  when  granted 
at  all.  should  be  left  to  the  Legislature  ;  and  I 
suppose  the  gentleman  does  not  propose  to 
prohibit  them  altogether,  but  only  to  leave 
them  to  the  local  authorities — the  various  li^ile 
local  Legislatures  of  the  respective  counties — 
and  I  have  to  say,  in  respect  to  that,  I  am  of 
opinion  that  franchises  of  that  kmd  are  abso- 
lutely necessary  to  the  development  of  a  nt  w 
country,  and  the  granting  of  them  can  be  left 
with  greater  safety  to  a  Legislature  consist- 
ing of  from  fifty  to  seventy-five  men,  and 
often  a  larger  number,  than  to  a  Board  of 
C(juuty  Commissioners,  consisting  of  only  three, 
five,  seven,  or  nine  men.  For  that  reason  I  op- 
po.se  the  amendment. 

Mr.  HAWLEV.  I  observe  that  in  the  Sched- 
ule, it  is  provided  that — ■ 

"  Bodies  corpoi'ate,  including  counties,  towns,  and 
cities,  shall  continue  as  if  no  cliange  had  taken  plarf, 
and  all  process  which  may  issue  under  the  authority 
of  the  Territory  of  Nevada,  previous  to  its  admissjLin 
into  the  Union  as  one  of  the  United  States,  shall  b.  .:s 
valid  as  if  issued  in  the  name  of  the  State  of  Nevada." 

And  Section  2  provides  as  follows : — 
Sec.  2.  All  laws  of  the  Territory  of  Nevada,  in  force 
at  the  time  of  the  admission  of  this  State,  not  rep^.ig- 
uant  to  this  Constitution,  shall  remain  in  force  tmtil 
they  expire  by  their  own  limitations,  or  be  altered  or 
repealed  by  tiie  Legislature. 

Now,  sir,  it  occurs  to  me,  although  I  may  be 
jumping  hastily  to  the  conclusion,  not  having 
paid  especial  attention  to  the  subject  heretofore, 
that  if  we  incorporate  a  provision  that  the  Le- 
gislature shall  have  no  power  to  grant  these 
franchises,  by  that  act.  the  several  acts  of  in- 
corporation under  the  local  and  special  laws 


143 


LEGISLATIVE  DEPARTMENT. 


[5th  day. 


Friday,] 


Banks— Hawlet — Hovet — Collixs. 


[July  8. 


exisring  at  IhU  time  on  the  statute  books  of  the 
TiTritory  of  Xeviuhi.  granting  to  these  bodies 
corporate,  enunu'rateil  as  counties,  towns,  and 
cities,  certain  powers,  become,  to  a  certain  ex- 
tent, at  le.i-t.  invalidated.  j 
Mr.  BANKS.  No,  sir ;  they  have  their  vested 
risThts. 

\Mr.  HA\VLf3V.    Well,  even  if  that  view  is' 
correct,  still  1  am  very  much  disposed  to  think. 
takin?  into  consideration  the  immense  value  of 
man V  of  tlie  franchises  which  have  lieen  j^ranted 
to  individuals,  and  Imdies  corjiorate  — for  m.iny  ; 
of  thfin  are  extremely  valuable,  and  held  by 
individuals  as  individual  jtropcrty.  without  any 
act  of  incorporation — I  say.it  ai)pears  to  mcj 
that  we  are  impi-riling  the  rights  of  tlie  owners 
of  such   jiropcrty.     Now,  sir.  any  intelligent 
man  who  will  take  into  consideration  the  cost 
of  tlie  construction  of  the  Kingsbury  (Jrade  or 
the  King's  Canon   road,  or  many  other  of  our 
toll-roads  which  have  lielped  to  give  us  access  i 
to  the  world  outside,  and  by  that  means  have 
conferred  such  inestimable  benefits  upon  the 
Territory,  will.  I  think,  come  to  the  conclusion  \ 
that  those  public  benefits  are  such  as  should ! 
entitle  the  holders  of  those  franchises  to  every 
safeguard  which  can  be  thrown  around  their ! 
rights.     It  certainly  cannot  be  the  wish  of  this ' 
Convention,  nor.  I  think,  of  any  memlier  of  it, 
to  interfere  with  their  rights  in  any  way,  shape, 
or  form. 

Now.  sir.  taking  it  for  granted  that  my  first 
suggestion  was  founded  neither  in  law,  nor  fact, 
nor  reason — .netting  that  aside  altogether,  still. 
I  say.  that,  by  this  provision,  we  take  the  power 
of  granting  and  regulating  those  and  similar 
franchb^es  out  of  the  hands  of  a  body  infinitely 
better  capable  to  legislate  upon  and  determine 
with  ju-opriety  the  question  of  a  renewal  of  any 
fra:iL-hise.  than  wcudd  be.  ))y  any  i)ossibilitv.  a 
b.i-.ird  of  county  couuuissioners  composed"  of 
twu.  three,  four,  five,  or  six  niembers,  as  they 
are  now.  or  may  hereafter  be  organized  in  this  | 
Territory  :  ami  I  say  there  is  danger  that  we  may 
imp-Til  ilie  rights  of  men  who  have  in  good  faith 
invented  large  uniounts  of  capital  in  these  import- 
ant enterprises,  and  who  deserve,  instead  of  the 
line  and  cry  which  has  been  raised  against  fran- 
chises, llic  thanks  of  the  comnnmity.  These 
frauchi.se.s  liavo  been  of  almost  inestimable 
value  to  the  Territory.  By  means  of  them, 
jpiiblic  works  have  been  constructed,  under  the 
only  au>]iiees  whicii  could  have  resulted  in  their 
con-itruction.  and,  in  conse(|uence,  we  to-dav 
occupy  a  po>ition  far  sni)eriorto  that  whicii  we 
shouhl  have  occupied  in  re.-^j)eet  to  our  general 
lu-o-jierity,  to  say  the  lea.st  of  it,  without  these 
iVr.nchises. 

It  would  be  a  very  dangerous  movement, 
it  ajipe.irs  to  me.  notwithstanding  the  vari- 
ous allegations  of  fraud  and  corruption 
which  have  been  made  from  time  to  time,  to 
transfer  tin- control  oftlie.se  franchises  to  the 
boards  of  coiiniy  commissioners  in  this  Terri- 
tory. Already  charges  of  fraud  and  C(»rriiption 
have  been   brought  against  these  la.^t  named 


bodies,  and  grand  juries  have  been  sitting  upon 
and  investigating  their  deeds.  They  have  been 
examining  and  inquiring  carefully  into  the  acts 
of  certain  boards  of  county  commissioners,  and 
in  some  cases  tliey  have  reported  adversely 
upon  the  acts  of  such  boards,  although  they 
have  been  governed  in  a  few  cases,  it  may  be, 
by  a  disposition  to  allow  niembers  of  those 
Ijoards  to  retrieve  their  past  errors,  more  than 
by  a  sense  of  duty  in  the  present,  which  would 
have  impelled  them  to  present  those  members 
to  the  authorities  by  indictment.  I  say,  while 
such  a  condition  of  aifairs  exists  in  this  Terri- 
tory, it  is  infinitely  1>etter  that  we  should  leave 
the  disposal  of  these  enterprises,  in  which  so 
much  money  has  been  and  is  continually  being 
invested,  and  the  prosecution  of  which  has  con- 
duced so  much  to  promote  the  interests  of  this 
Territory,  to  a  legislative  body  coming  fresh 
from  the  whole  people,  consisting  of  men  who 
are  well  prepared  to  determine  the  rights  of 
applicants,  and  who  will  be  mote  disposed,  if 
I  may  say  so  without  retiection  upon  the  char- 
acter of  the  people  of  this  Territory,  to  do  jus- 
tice in  granting  or  regranting  these  rights,  than 
any  little  body  of  county  officials  can  be. 

Now,  sir,  I  submit  my  first  proposition  to  the 
consideration  of  the  Convention,  and,  of  couive, 
I  shall  yield  to  their  views  upon  it.  If  it  be 
disputed,  I  freely  admit  that  I  am  not  pre- 
pared to  assert  or  maintain  that  it  is  cor- 
rect ;  but  I  say  that  on  the  face  of  it,  it 
would  appear  that  by  incorporating  this  pro- 
vision suggested  by  the  gentleman  from  Hum- 
boldt, (Mr.  Banks),  we  should  be  interfer- 
ing with  vested  rights  ;  and  1  repeat  that,  in  my 
opinion,  we  should  be  taking  the  matter  from 
the  hands  of  the  hodj  infinitely  better  calcu- 
lated to  do  justice  to  applicants,  and  placing  it 
in  the  hands  of  boilies.  which  do  not,  to  say  the 
least,  stand  fair  and  above  reproach  in  the  dif- 
ferent communities  in  which  they  exercise  their 
I  functions. 

1      Mr.  ll(.)VEY.    As  salaries  have  been  men- 
tioned in  tills  connection,  I  would  like  to  move, 
when  it  shall  be  in  order,  to  strike  out  so  much 
I  of  this  section  as  relates  to  salaries. 

The  CHAIRMAN.    The  motion  would  not  be 
in  order  at  this  time. 

j  Mr.  COLLINS.  I  am  decidedly  in  favor  of 
the  amendment  of  the  gentleman  from  Hum- 
boldt. (Mr.  H-anks).  The  great  curse  that  has 
alllicted  this  Territory,  aiul  that  afflicts  every 
.State  and  Territory  where  it  is  not  i>r(jscribed 
by  law,  is  this  matter  of  special  frauchisi's. 
I  am  therefore  in  favor  of  proscribing  it,  so  far 
'  as  it  can  po.ssibly  be  done  consistently  with  the 
I  wants  of  the  public.  Now  we  had  thought 
that  the  two  Legislatures  of  this  Territory,  i)re- 
cedirig  the  last,  had  given  away  everything  that 
could  be  given;  but  if  you  look  at  the  proceed- 
ings of  the  last  session  of  the  Legislature,  you 
will  find  that  nearly  one-third  of  all  the  acts  of 
that  body  consiste(i  in  thi'  giving  away  of  fran- 
chises and  sjiecial  privileges,  to  individuals 
who  were   lobbyists    about    the    Legislature. 


[5tli  day. 


LEGISLATIVE  DEPAIITMENT. 


149 


Friday,] 


Fitch — Collins — Bkosxax — Johxsox. 


[July  8. 


Now,  why  should  not  these  matters  be  conducted 

in  such  a  way  as  to  allow  those  franchises  and 
lirivileges  to  l)e  equally  open  to  every  citizen  ? 
The  first  Legislature  granted  numerous  special 
railroad  franchises ;  and  what  is  the  result  ? 
Why.  sir,  those  franchises  have  been  knocking 
at  the  doors  of  capitalists  for  three  j'eai's  past, 
and  still  our  railroads  have  not  been  built. 
And  if  they  remain  in  the  same  hands,  thej'  will 
not  be  built  for,  perhaps,  ten  yeai's  to  come, 
and  possibly  never  :  whereas,  if  there  had  been 
a  general  law  on  the  subject  of  railroads,  a 
party  could  go  and  locate  his  road,  and  set  his 
men  to  work  upon  it  without  delay,  and  I 
venture  to  say  that,  between  the  valley  of 
"Washoe  and  Eagle  Valley,  and  the  valley  of  the 
Truckee,  \\e  shouM  to-day  have  been  enabled  to 
hear  the  steam-whistle,  and  see  the  locomotive 
tramping  up  and  down  upon  the  iron  rails. 
I  say  this  special  legislation  ought  at  once  to 
have  the  brakes  placed  upon  it,  so  far  as  the 
public  safety  will  admit. 

Open,  if  you  please,  the  lids  of  the  volume 
which  contains  the  enactments  of  the  last  Legis- 
lature, and  there  you  will  find  some  thirtj-four 
or  Ihirty-five  special  acts,  in  that  neighborhood 
at  least,  providing  for  the  building  oi'  toll-roads 
and  toll-bridges,  for  floating  logs  down  the 
rivers,  etc.  They  have  left  nobody  else  a  right, 
even  if  thej-  own  ever  so  much  upland,  to  float 
logs  down  the  adjacent  streams  ;  but,  by  these 
special  franchises,  they  have  locked  up  the 
rivers  as  effectually  as  if  they  were  chained  by 
ice.  The  amendment  proposed  by  the  gentle- 
man from  Humboldt  puts  a  veto  upon  this  kind 
of  legislation.  It  goes  still  farther  ;  it  not  only 
prohibits  this  special  legislation,  in  respect  to 
])uilding  bridges  and  toll-roads,  but  it  goes  into 
tlie  cities,  and  attacks  that  other  system  of  mo- 
nopoly, in  regard  to  the  railroads  which  traverse 
the  streets  of  cities  and  towns.  I  would  like  to 
see  the  .SA'stem  of  free  competition  extended  to 
water-works,  gas-works,  and  hundreds  of  other 
tilings  which  I  might  mention,  in  regard  to 
■\vlii(.h.  in  my  judgment,  there  should  Ije  no  spe- 
cial privileges  granted.  Let  them  all  be  open 
to  every  citizen. 

But  it  is  suggested  that  if  a  railroad  is  built 
across  the  country,  lietweeii  certain  points,  some- 
body else  will  find  an  adjacent  line  upon  which 
he  can  build  another  and  competing  road,  which 
will  injure  the  one  first  constructed.  Now. 
when  capitalists  invest  their  money,  they  invest 
it  with  their  eyes  wide  open,  and  they  will  exer- 
cise more  judgment  when  they  are  investing  it 
under  general  laws  than  they  would  manifest  by 
coming  here  to  lobby  for  franchises  under  a 
system  that  would  tie  them  tip  forever.  A  rail- 
road from  here  to  Virginia  has  been  proposed. 
Now,  suppose  that  road  was  built :  then,  I  say. 
if  capitalists  will  run  the  risk  of  running  another 
road  over  the  same  route,  by  all  means  let  them 
do  it.  The  owners  of  the  first  road  have  pushed 
it  forward  at  their  own  risk,  and  let  the  others 
do  the  same.  I  have  no  fear  but  that  the  com- 
mon sense  and  judgment  of  business  men  mil 


be  sufficient  for  their  protection,  and,  in  the 
end,  these  matters  will  regulate  themselves. 
I  have  no  fear  of  any  bad  consequences  likely 
to  result  from  leaving  them  to  regulate  them- 
selves, and  I  am  decidedly  opposed  to  special 
legislation.  The  fact  is,  we  are  already  legis- 
lating too  much,  and  the  sooner  we  put  the 
brakes  ou  the  wheels,  the  better  for  us  and  for 
the  new  State  we  desire  to  establish. 

Mr.  FITCH.  I  do  not  see  that  the  amend- 
ment offered  by  the  gentleman  from  Humboldt 
is  calculated  to  reach  the  evils  of  which  the 
gentleman  from  Storey,  (Mr.  Collins,)  com- 
plains. The  amendment  of  the  gentleman 
from  Humboldt  is  merely  to  the  effect  that  the 
Legislature  shall  not  have  power  to  pass  spe- 
cial laws  granting  franchises  for  t(dl-bridges, 
toll-roads,  and  street  railroads.  It  says  nothing 
whatever  about  the  navigation  of  rivers  or 
about  gas  pipes  and  water  pipes,  and  those 
other  and  various  evils  concerning  which  my 
colleague  coiuplains  ;  and  I  do  not  think  it 
reaches  even  what  it  is  intended  to  reach.  It 
simply  proposes  to  take  the  power  of  granting 
franchises  from  the  Legislatiire  and  to  vest  that 
power  in  bodies  of  less  responsibility,  becau.-  e 
they  are  less  numerous. 

Mr.  COLLINS.    Under  general  laws. 

Mr.  FITCH.  Under  general  laws,  of  course  ; 
but  ttnder  general  laws  by  which  you  give  this 
power  to  Ceuntv  Commis.sioners. 

Mr.  BROSNAN.  I  call  attention  to  the  next 
section,  which  supplies  the  omission  to  which 
the  gentleman  refers. 

Mr.  FITCH.  I  perceive  it,  but  in  regard  to 
special  legislation  I  do  not  agree,  Mr.  Chair- 
man, with  the  views  which  have  been  expressed. 
I  think  there  is  nothing  so  well  calculated  to 
develop  and  open  up  a  new  country  as  this  very 
special  legislation,  about  which  so  much  has  been 
said.  I  think  that  the  present  system  of  granting 
toll-road  and  toll-bridge  franchises,  while  it  has 
its  evils,  secures  more  than  compensating  bene- 
fits. If  these  franchises  had  never  been  granted, 
and  these  roads  and  bridges  never  built,  the 
country  would  not  have  been  developed  as  it  has 
been.  It  is  true  that  lobbyists  do  surround 
legislatures,  but  that  is  an  evil  inseparable  from 
the  existing  condition  of  things.  I  do  not  see 
any  way  to  avoid  it.  I  think  that  the  good  pre- 
vented "from  being  done  by  this  amendment  of 
the  gentleman  from  Humboldt  would  be  greater 
than  the  evil  it  proposes  to  destroy,  and  for 
that  reason  I  oppose  the  amendment. 

[Mr.  DeLoxg  in  the  Chair.] 

Mr.  JOHNSON.  I  desire  in  the  outset.  Mr. 
Chairman,  to  be  understood  in  this,  that  I  am  op- 
posed, as  a  matter  of  princijile.  to  the  whole  sys- 
tem or  scheme  of  special  legislatioii.  and,  so  tar 
as  it  can  be  made  applicable,  I  desire  all  legis- 
lation upon  those  several  matters  to  be  general 
in  its  character.  But  it  will  be  seen,  I  think,  that 
general  legislalion.  on  the  subjects  embraced 
in  the  amendment  of  the  gentleman  from  Hum- 
boldt. (Mr.  Banks.)  cannot  be  made  aiiplicalde. 
Now,  let  us  suppose  a  case,  m  connection  with 


1.30 


LEGISLATIVE  DEPARTMENT. 


[otli  day. 


Friday.] 


JoHxsox — Collins. 


[July  8. 


t<»ll-road:»  ami  bridcres.  These  are  subjects 
upon  whiili  a  irreat  deal  of  U'frislation  has  been 
hud  hereti.lore.  and  ^'eneral  laws,  similar  to  such 
a*  are  now  pn.])i>sed.  have  been  enacted.  The 
p-.wer  has  ordinarily  been  lodjred  in  a  Hoard  of 
S'lpervisors  or  ntl'ounty  C'onmiissioners  to  i,M-ant 
t'ranehiBi's  uf  this  natvne.  under  certain  restric- 
tions antl  reffuhitions.  We  all  admit,  in  tiie 
fi'-st  ])laee.  liiat  in  very  many  cases  these  sjte- 
cirtl  franchises  are  beneficial  to  tlie  i)nl)lic.  and 
very  often  they  inure  to  the  1)enetit  of  tlic  jmldic 
in  a  mndi  ^rreater  deixree  than  tliey  do  to  the  i)ro- 
tii  of  the  individuals  who  undertake  tlie  enter- 
prises contem]>lated  ))y  sudi  francliises.  Now, 
in  respect  to  toil-roads  and  brid<;;es.  it  will  ))e 
seen  tiiat  dilliculty  will  be  encountered  in  tlu>  del- 
egation of  the  ]iower(d<rrantin.ir  franchises,  un- 
der any  peneral  law  which  can  be  devised.  The 
ControHin-r  jiower  nuist  necessarily  lie  conferred 
riMin  some  general  autlu)rity.  Take  the  in- 
stance of  a  toll-road  passinjr  thrfmirh  more 
than  one  county,  and  sui)i)ose  the  franchise  for 
{.iich  road  is  to  be  {jranteil  by  the  authority  of 
the  Hoard  of  County  Commissioners  or  Super- 
visors of  the  counties  where  the  work  is  located. 
Su[>itose.  and  it  is  no  unreasoiial)le  or  im- 
pndjable  snjii)osition.  that  one  county  may 
happen  to  be  in  favor  of  granting  the  francliise, 
but  the  otlier  is  oi)poscd  to  it :  or  that  there  is 
a  conflict  of  private  interests — that  whilst  one 
County  is  in  favor  of  giving  the  franchise  to  one 
ajjplicant.  tlie  otlier  county  is  equally  as  favor- 
vorable  to  granting  it  to  anotlier  applicant. 
In  that  niannrr.  the  granting  of  a  franchise, 
which  might  have  resulted  in  conferring  incal- 
culable Ijenefits  ujjon  the  public,  would  be 
utterly  and  entirely  defeated  by  the  practical 
dfffcts  of  the  law. 

it  is  only  necessary  for  me  to  refer  to  the 
prnvi-<ions  nf  the  California  Constitution,  and 
trie  legislation  of  the  last  session  in  that  .State,  to 
iiliistrate  my  views  on  this  subject.  1  will 
instance  a  case,  which  now  occurs  to  my  mind. 
An  application  was  made  to  the  Legisla- 
tiip-  of  California  for  a  franchise  for  a  toll-road 
from  some  joiini  in  Amailor  County  to  the 
nt'wly-erealed  county  of  Al]Miie.  It  was  lirought 
to  the  knowledge  of  the  Legislature,  that  the 
authorities  of  the  counties  in  which  the  road 
WH.«  to  be  conslruc;ted  ri'fus<-d  to  concur  in  their 
uotion  in  regard  to  it.  ami  tliereuimn.  in  a  man- 
ner which  I  ci.nc.Mved  In  In-  entirely  contrary  to 
the -jdrit  of  their  .^taleC(mstit!ition!  the  Legisla- 
ture proceeded  to  regulate  that  matter.  1  l)e- 
lievc  that,  in  ucconlance  with  a  jnsi  inter- 
pretation of  the  Constitution  of  (California,  their 
hanrls  were  so  lied,  that  they  were  not  at  liberty 
to  pnint  any  such  sjdcial  fr inilii-<'.  liut  never- 
thelesH.  thi-y  i|ii|  j,ii>is  the  liill  aski-d  for.  The 
JioviTiior,  for  ironstiluiional  reu'^ons  which 
hi-  alleged  in  hix  message,  vetoed  the  bill,  but 
upon  argunu'Uts  aijvanceil  and  reasons  assigni'd 
In  III.'  Legislature,  that,  and  other  similar  bills. 

received  the  ni s^^aiy  coustiiuiiduiil  majorities 

nnd  became  laws,  not  withstanding  llie  (Jovern- 
or'K  objection-^.     There  have  been  in  California. 


undoubtedly,  instances  where  beneficial  enter- 
prises would  have  been  defeated  l)y  the  legiti- 
mate operation  of  a  constitutional  provision  like 
this  now  under  consideration,  and  it  is  not  mi- 
reasonalile  in  our  own  casi'  to  sn]>pose  that  there 
may  be  similar  cases  arising  iu  the  State  of  Ne- 
vada. 

Again,  take  the  case  of  bridges.  There  are 
streams  which  at  present  do  not  mark  the 
bonmlaries  of  counties,  but  they  may  do  so  in 
the  future,  as  our  ))opulation  increases.  Consider 
the  Truckee  Kivei'  as  a  lioundary  between  two 
counties,  for  example.  Every  gentleman  fami- 
liar with  that  stream,  knows  the  tact  that  it 
is  impos.^^ible.  at  most  seasons  of  the  year,  to 
cross  it  without  a  bi-idge  or  a  ferry.  Now  sup- 
pose a  county  were  organized  on  one  side  of 
the  Truckee  River,  and  another  on  the  other 
side,  in  that  valley,  and  in  that  condition  of 
alfairs,  a  person  or  a  company  desired  to  build 
a  bridge  across  that  stream.  Apjilication  is 
made  to  the  local  authorities  of  the  two  coun- 
ties, but  the  authorities  of  one  county  reply  that 
citizens  of  their  own  county  shall  have  the 
franchi.se,  Mhile  those  of  the  other  county  in- 
sist that  some  of  their  citizens  shall  have  it, 
and  consequently  refuse  to  concur  in  the  action 
of  their  neighbors  ;  so  there  is,  and  can  be,  no 
united  action  had  in  the  matter.  Although  the 
public  necessities  demand  the  construction  of 
the  work,  yet  the  public  interests  are  sacrificed, 
and  the  enterprise  defeated  ))y  the  incorporation 
of  a  feature  of  this  kind  into  our  Constitution. 

Mr.  COLLINS.  Will  the  gentleman  allow 
lue  to  ask  him  a  question? 

Mr.  .JOHNSON.     Most  undoubtedly. 

Mr.  COLLINS.  I  would  ask  if  there  is  any- 
thing in  this  rule,  as  prescribed  in  the  Constitii- 
tutions  of  most  of  the  States,  which  would  ])re- 
vent  the  Legislature  from  ju'ovidiug.  by  a  gen- 
eral law,  for  the  regulation  of  toll-roads,  so 
that  where  a  road  passes  through  two  or  more 
counties,  its  construction  can,  nevertheless,  be 
provided  for?  I  think  it  may  be  done  in  the 
saiue  manner  as  in  the  case  of  railroads.  There 
are  general  laws  in  relation  to  railroads  which 
prescribe  the  mode  in  which  property  shall  be 
condemned,  etc..  and  1  ask  if  the  same  rule 
could  not  be  a])iili(Ml  to  toll-roads,  by  a  general 
law  framed  under  the  sanction  of  this  Constitu- 
tion? 

Mr.  .JOHNSON.  I  can  see  that,  under  the 
operation  of  the  proposed  amendment,  cases 
might  ari.se  which  no  legislation  could  reach. 
Take,  for  instance,  the  county  of  Ormsby  and 
the  county  of  Douglas.  Here  is  a  road  to  be 
constructed  material  to  the  welfare  of  each  ; 
but  those  counties  are  jealous  of  their  respec*«- 
ive  rights,  and  if  it  is  proposed  to  incorporate 
in  the  law  a  ))rovision  that  the  county  of 
Ormsby  shall  have  the  right  to  dis])o.><e  of  and 
regulate  the  franchise,  the  county  of  Douglas, 
naturally  jealous  of  its  rights,  will  oppose  such 
a  jtrovision.  and  it  would  not  be  likely  to 
))ass.  And  the  same  would  be  the  result, 
for  the  same  reasons,  if  the  case  were  reversed. 


5th  day.] 


LEGISLATIVE  DEPARTMENT. 


151 


Friday,] 


JoHXSox — Ban-ks. 


[July  8. 


The  consequence  would  inevitably  be,  that  no 
law  could  be  placed  upon  the  statute-books 
which  would  be  practically  operative  in  such 
cases.  I  can  conceive  that  many  cases  of 
that  kind  would  be  likely  to  arise,  in  the 
event  of  the  adoption  of  the  proposed  amend- 
ment. I  repeat,  that  I  am  willing  to  go  as 
far  as  the  farthest  in  preventing  special  le- 
legislation,  wherever  it  is  practical  to  do  so, 
but  not  farther  than  such  prohibition  can  be 
rendered  of  practical  utility.  The  moment  you 
transcend  that  limit.  I  am  opposed  to  taking 
another  step  in  that  direction. 

Something  has  l)een  said  about  our  Territo- 
rial Legislature  having  granted  franchises. 
Well,  they  have  been  pretty  liberal  in  that  re- 
spect ;  but  in  reference  to  the  failure  to  build 
railroads  under  the  franchises  granted,  I  can 
suggest  a  better  reason,  I  think,  than  has  ))een 
given,  why  such  franchises  have  been  unim- 
proved, and  that  is,  not  because  too  much  power 
has  been  given  by  these  franchises  ;  not  be- 
cause peculiar  privileges  have  been  granted, 
and  because  everybody  else  could  not  enjoy 
the  same  privileges,  but  quite  the  contrary  ; 
the  true  reason,  I  conceive,  is  exactly  the  re- 
verse of  that — because  everybody  could  enjoy 
the  same  privileges  in  the  future,  if  the  Legis- 
lature deemed  it  proper  to  grant  them  the  same 
privileges.  I  have  had  some  little  experi- 
ence in  these  matters.  And,  by  the  way,  I  may 
be  allowed  to  say,  in  this  connection,  that  a 
bill,  granting  certain  franchises  and  creating  a 
corporation,  was  passed  at  the  last  session,  in 
which  my  name  was  used  as  one  of  the  corpo- 
rators, but  I  had  no  knowledge  of  it  at  the 
time,  and  I  soon  thereafter  conveyed  to  another 
pai'ty  all  the  interest  I  had  in  that  matter.  But 
circumstances  have  brought  me  in  contact  with 
those  corporators,  and  1  know  that  not  only 
they  but  other  persons  did  propose  to  invest  in 
that  enterprise.  I  am  referring  now  partic- 
ularly to  the  franchise  for  building  a  railroad 
from  Virginia,  through  Ormsby  and  Washoe 
Counties,  and  I  suppose  the  gentleman  from 
Storey,  (Mr.  Collins),  in  his  remarks  just  now, 
referred  to  the  same  thing.  If  gentlemen  will 
inquire  into  that  matter,  they  will  find  that 
what  I  have  stated  was  the  reason,  and  the  sole 
reason  offered  by  capitalists,  men  with  abund- 
ance of  capital,  for  not  investing  in  that  enter- 
prise. Not  for  a  single  instant  after  they  had 
thoroughly  examined  the  route,  and  the  plans 
and  prospects  of  the  road,  did  they  entertain  a 
doubt  but  that  it  would  prove  to  be  one  of  the 
most  judicious  investments  of  capital,  but 
they  objected  to  undertake  the  enterprise  for 
this  very  reason  —  that  they  had  not  and 
could  not  have  the  exclusive  privilege.  They 
said  the  next  session  of  the  Legislature  might 
grant  the  same  privilege  to  some  other  com- 
pany running  over  a  portion,  if  not  entirely  the 
same  route,  and  tiiat  consideration  rendered  the 
franchise  comparatively  valueless,  when  other- 
wise it  would  have  been  one  of  the  most  valu- 
able corporate  rights  ever  granted  by  a  Legisla- 


ture, both  to  the  corporators  themselves  and  to 
the  public  at  large.  That  is  the  only  reason  why 
this  enterprise  has  not  been  entered  upon,  and 
why,  up  to  this  time,  this  road  has  not  been 
built  or  commenced. 

Now,  whilst  I  am  in  favor  of  trammeling  the 
Legislature  to  the  utmost  possible  degree  of 
propriety  in  this  matter  of  special  legislation, 
yet,  I  say,  let  us  not  go  beyond  a  practical 
point;  and  when  we  reach  that  "point,  let  us  there 
rest.     AVhen  we  see,  as  I  think  we  can  in  this 
j  matter  of  the  power  of  special  legislation,  that 
there  are  evils  growing  out  of  our  proposed  re- 
strictions much  greater  than  any  benefits  which 
j  can  possibly  be  secured  by  them,  then  we  ought 
i  to  refrain  from  making  any  such  restrictions. 

Mr.  BANKS.  I  wish  to  say  a  few  words  in 
reply  to  the  arguments  of  the  gentleman  from 
Ormsby.  He  has  called  up  imaginary  objec- 
tions and  difBculties  supposed  to  have  arisen  in 
California.  Now,  it  is  better,  in  my  opinion,  to 
look  to  history,  than  to  devote  our  attention  al- 
together to  the  future,  calling  up  imaginary 
cases,  that  may,  and  may  not,  arise.  In  the 
State  of  California,  a  few  years  ago,  under  the 
influence  of  a  number  of  Executive  vetoes,  men 
who  desired  to  invest  in  works  of  this  kind 
began  to  do  so  under  the  general  laws  of  the 
State,  which  were  eminently  wholesome  and 
proper  ;  but  more  recently,  it  seems,  they  came 
to  the  conclusion  that  the  provision  on  the  sub- 
ject of  special  legislation  in  the  amended  Con- 
stitution of  that  State  did  not  require  such 
laws,  or  at  least,  did  not  prohi))it  the  granting 
of  special  franchises.  Under  those  general 
laws,  the  most  expensive,  the  most  desirable 
of  public  works  of  this  kind,  have  been  carried 
on  and  completed.  But  since  the  system  of 
special  legislation  has  been  adopted,  the  Legis- 
lature of  California  has  been  surrounded  by  a 
set  of  vampyres,  whose  business  it  has  been  to 
rob  by  statute,  and  steal  by  law.  These  men 
have  systematically  filched  from  the  Legisla- 
ture valuable  franchises,  and  have  demanded 
from  capitalists  extortionate  prices  for  procur- 
ing them.  In  that  way,  many  beneficial  enter- 
prises have  been  defeated.  I  have  known  an 
instance  where  a  franchise  of  considerable 
magnitude  was  pending,  in  which  not  less  than 
$10,000  were  expended  for  whiskey  bills,  and 
matters  of  that  character  alone,  to  say  nothing 
of  other  things,  about  which  the  i^ublic  knew 
nothing. 

Now  I  contend  that  there  are  no  difficulties 
about  toll-bridges,  such  as  the  gentleman  from 
Ormsby  has  suggested.  We  have  no  large 
streams  in  this  State  where  heavy  expenditures 
of  capital  ai-e  required  in  the  construction  of 
bridges.  In  California,  where  such  streams 
exist,  it  has  been  found  not  at  all  difficult  to 
enact  such  laws  as  to  authorize  the  counties  on 
the  two  sides  of  a  stream  proposed  to  be 
bridged,  to  regulate  the  matter  satisfactorily. 
Neither  has  there  been  found  in  California  any 
difficulty  in  enacting  laws  covering  the  whole 
case  of  roads  extending  through  two  or  more 


lo2 


LEGISLATIVE  DEPAETMENT. 


[5th  day; 


Friday,] 


HovEY— Fitch— Frizei.l — Johnson— McClinton. 


[July  8. 


counties.  The  experience  of  California,  in  a 
wonl.  (U'lnonstratcs  this,  that  while  a  sy.stem  of 
general  le<.'i^;lati<•n  was  enforced  there,  in  this 
mutter  of  toll-road  and  bridfjc  franchises,  satis- 
facliiin  was  jriven  to  all  i)arties— to  the  fran- 
chij^e-seeker.  or  the  capitalist,  and  to  tlio  pub- 
lie— while,  under  the  more  recent  system  ol 
^'rantinjr  franciiises.  under  tlie  new  interpieta- 
tiun  of  tile  Constitution  by  the  Lejiislulure, 
tliere  lias  grown  up  a  system  of  lobby  influence 
which  is  most  disgraceful  to  the  .State,  and 
which.  I  hope  and  trust,  never  will  be  sulfered 
to  frrow  u])  in  the  State  of  Nevada. 

.Mr.  IIOVEV.  I  move  to  amend  by  inserting- 
the  words  "and  other,"  between  the  word 
'•  street."  and  the  word  "  railroad,"  so  that  the 
aniendnuMit  will  read  :  "  The  granting  of  fran- 
chises for  the  construction  of  toll-roads,  toll- 
bridges,  and  street  and  other  railroads." 

Th'-  fjiu'stion  was  taken,  and  the  amendment 
to  the  amendnu'nt  was  not  agreed  to. 

Mr.  FITCH.  1  am  ojiposed  to  this  amend- 
ment olfered  by  the  gentleman  from  I{uml)oldt, 
but  I  want  to  have  it  as  perfect  as  possible,  in 
ca.se  it  should  pass,  and  I  theri'fore  move  to 
amend  by  inserting  the  word  ■'  canals." 

The  que.'-tion  was  taken,  and  the  amendment 
was  not  agreed  to. 

Tlie  (piestion  was  taken  on  the  amendment 
offere(l  ]>\  Mr.  Banks,  and  upon  a  division,  it 
was  not  agreed  to — ayes,  11 ;  noes,  12. 

COMPENS.VTroN  OK  ("OINTY  OFKICERS. 

The  (piestion  recurred  on  the  adoption  of  llie 
original  section. 

Sir.  FUIZI-vLL.  I  move  to  amend  the  section. 
by  striking  out  after  the  words  '•  county  and 
townsjiip  dtTicers,"  the  words,  "  and  their  com- 
liensuiioii  ;"  also,  by  striking  out  the  words, 
"  in  relation  to  fees  and  salaries." 

The  SFCRKTAin'  read  the  section  as  it 
would  stand  with  the  proposed  amendment. 

Mr.  FiaZFLL.  Now,  Mr.  Chairman,  and 
gentleiiu-n  of  the  Committee,  my  motives  in 
orti'iiiig  this  aiiicndiiii.'nt  are  th<'se  :  1  do  not 
think  that  any  law  can  ))e  made  which  will 
bear  uiiir>>riuly  in  regard  to  the  fees  and  sala- 
rie-i  of  oflicers  in  this  ]truposed  SUite.  I  do  not 
think  that  any  gi-neral  law  can  reach  that  sub- 
ject fairly,  if  a  general  law  can  be  made  to 
reach  it  at  all.  1  have  no  sinister  mcjiive  in 
jiroposing  this  amendiuent.  but  I  think  the  su))- 
ject  is  siifliciently  regiilate<l  in  Section  21.  whicli 
fcdiows.  where  it  is  made  ol)ligatory  on  the  Le- 
gislature to  niik<^  all  laws  uiiiCorin  and  general 
in  their  operation,  in  all  cases  where  general 
laws  can  bi;  nnde  applical>li'.  JJiit,  cjiiscieii- 
tioii^ly  sjieaking.  [  ilo  not  see  that  any  general 
law  can  opi-rate  uniformly  and  correctly  in  this 
inittiu"  of  the  compensation  of  otTicers.  and 
therefore  f  jiroposed  to  stiike  out  those  words. 
Then  if  till'  f.egi^lature  find  that  such  a  law 
«•  in  bi»  III  ide  to  wirk  uniroiinly.  jiHt  as  well, 
of  course,  under  S.'ction  21.  it  is  obligatory  on 
the  L"gLs|ature  to  pass  such  a  law. 


The  question  was  taken,  and  the  amendment 

was  agreed  to. 

INTEREST   ON   MONKEY. 

Mr.  JOHNSON.  There  is  another  matter 
here  to  whicli  I  desire  to  call  attention,  and 
that  is  in  rcdation  to  the  interest  on  money.  I 
do  not  think  that  subject  ever  had  any  proper 
place  in  this  instrument.  I  will,  therefore, 
submit  an  amendnuMit  to  strike  out  the  words, 
''  in  relation  to  the  interest  on  money."  It  is 
not  likely  that  the  Legislature  ever  would  ])ass 
a  sjtecial  law  npini  this  matter  of  interest  on 
money  ;  but  this  section  appears  to  have  been 
copied  from  the  Constitution  of  Kansas,  and, 
possibly,  it  was  found  also  in  the  Constitution 
of  Indiana.  It  seems  that  it  was  at  the  solicita- 
tion of  one  memlier  of  the  committee  to  whom 
the  mailer  was  entrusted  that  this  language; 
was  retained  ;  but,  inasmuch  as  it  is  not  i)ro- 
bable  that  the  Legislature  would  ever  pass  any 
special  act  in  relation  to  a  subject  of  that  kind, 
I  deem  it  to  l>e  entirely  out  of  place,  and, 
therefore,  hope  it  Avill  be  stricken  out. 

The  ((iiestion  was  taken,  and  the  amendment 
agreed  to. 

Mr.  McCLTNTON.  I  propose  to  amend  this 
section  further,  by  striking  out  the  words,  "])ro- 
viding  for  their  compensation,"  in  the  clause 
relating  to  petit  jurors. 

The  (lueslion  was  taken,  and  tlie  amendment 
was  not  agreed  to. 

No  furl  her  amendment  being  offci'ed,  the  sec- 
tion, as  aineuded,  was  adopted. 

Section  21  ^vas  read,  as  follows  : — 

SF.r.  21.  In  all  casos  enumerated  in  the  preceding 
sections,  and  in  all  oUier  cuhcs  where  a  genei'al  law  oau 
be  made  ai)x>liial)le,  all  laws  shall  be  general,  and  of 
uuiforiii  operation  throughout  the  State. 

No  amendment  being  offered,  the  section  was 
adopted. 
Section  22  was  read,  as  follows  : — 
Sec.  22.     Provision  may  be  made  by  general  law  for 
bringing  suit  against  the  State  as  to  all  liabilities  oiigi- 
natiiig  alter  the  adoi^tiou  of  this  Constitution. 

No  amendment  being  ofl'ered,  the  section  was 
adofited. 
Section  23  was  read,  as  follows  : — 
Sec  23.  The  enacting  clause  of  every  law  shall  be  as 
follows:  "The  people  of  the  State  of  Nevada,  repre- 
sented ill  Senate  and  Assembly,  do  cwM-t  as  follows  " — 
and  no  law  shall  b(;  enacted  excipt  by  bill. 

No  amendment  being  ofl'ered,  the  section  was 

adojited. 

Section  21  Avas  read,  as  follows  : — 
Sec.  21.    No  lottery  shall  be  authorized  by  the  State, 

nor  shall  the  sale  of  lottery  tickets  be  allowed. 

No  amendment  being  offered,  the  section  was 
adopted. 

Section  2.5  was  read,  as  follows  : — 
Sec.  25.     The  Legislature  shall  establish  a  system  of 
c/iunty  and  township  governuieut,  which  shaU  be  uni- 
form throughout  the  State. 

No  amendment  being  offered,  the  section  was 
ado)ite(l. 
Section  2G  was  read,  as  follows  :— 


otli  day.] 


LEGISLATIVE  DEPARTMENT. 


153 


Friday,] 


Proctok — Johnson — Fitch — Stortevant — Kennedy. 


[July  8. 


Sec.  26.  The  Legislature  sball  provide  for  the  elec- 
tion of  a  Board  of  County  Commissioners,  in  eath 
county,  and  tliosc  Coimty  Commissioners  sliaU  jointly 
and  individually  perform  such  duties  as  may  be  pre- 
scribed by  law. 

No  iiiiieiulmeiit  Ijeing  oftered,  the  section  was 
adopted. 

QrALTFICATIOXS   OF   .JURORS. 

Section  27  was  read,  as  follows  : — 

Sec.  27.  Laws  may  be  made  to  exclude  from  serving 
on  jiu'ies  all  persons  not  qualified  electors  of  this  State, 
and  all  persons  who  shall  have  been  convicted  of  bri- 
bery, perjury,  forgeiy.  larceny,  or  other  higli  crimes, 
unless  restored  to  civil  riglits ;  and  laws  shall  be  passid 
regulating  elections,  and  prohibiting,  under  adeipiate 
penalties,  all  undue  influeiue  thereon,  from  power,  bri- 
bery, tumult,  or  other  imi^roper  practice. 

Mr.  TROCTOR.  T  move  to  amend  Section 
27  by  strikiu"-  out  the  words,  "all  persons  not 
qnalitled  electoi's  of  this  State,  and."  My  rea- 
son is  simply  this  :  that  ]ierliaps  it  would  he 
found  a  very  diflicult  matter  to  get  twelve  men, 
or  twenty-four  men,  rather,  to  serve  on  a  jury, 
who  have  paid  a  poll-tax,  and  a  man  may  pur- 
posely refuse  to  pay  the  poll-tax,  in  order  to 
get  rid  of  iurv  dutv. 

Mr.  JOliXSON.  "The  gentleman  will  recollect 
that  it  is  within  the  power  of  the  Legislature 
to  adopt  such  an  enactment  or  not,  as  it 
pleases,  and  it  can  also  make  the  non-payment 
of  a  poll-tax  a  ground  of  exemption  or  not. 
Now,  I  would  prefer  that  laws  should  be  made 
to  exclude  from  jury  duty  all  excei)t  qualilied 
electors,  so  as  to  prevent  tlie  picking  u]i  of  jurors 
f(ir  a  particular  occasion,  or  a  particular  action, 
^\■ll()  have  Ijeen,  ])erhaps.  but  a  short  tinu'  in  the 
Territory.  I  think  the  section  had  better  stand 
as  it  is. 

The  question  was  taken,  and  the  amendment 
was  not  agreed  to. 

Mr.  FITCH.  I  move  to  amend  the  section 
by  striking  out  the  words.  ••  bribery,  perjury, 
forgery,  larceny,  or  other  high  crimes,"'  and  in- 
serting, in  lieu  thereof,  the  word  "felony." 

Tlie  qnesti(ui  was  taken,  and  the  amendment 
was  not  agreed  to. 

.Mr.  ST'URTE\'ANT.  I  move  to  amend  by 
striking  out  the  word  "  may."  and  inserting  tiie 
word  "  shall "  in  the  first  line.  My  reason  is 
this  :  I  think  it  is  a  very  important  section,  and 
I  do  not  like  to  have  it  left  optional  with  the 
Legislat\ire  whether  such  laws  shall  be  made  or 
not.  I  think  it  is  very  essential  that  those  laws 
should  be  made. 

The  (pu'stion  M'as  taken,  and  on  a  division 
the  anuMidiuent  was  agreed  to — ayes,  12  ;  noes 
not  counted. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

Section  28  was  read,  as  follows  : — • 

Sec.  28.  No  money  shall  be  drawn  from  the  .State  trcas- 
m-j-as  salary  orcomiiensatinn to  any  officer  oremploye 
of  the  Legislature,  or  either  branch  tliereof,  except  in 
cases  where  such  salary  or  compensatinu  has  l)ern  fixed 
by  a  law  iu  force  prior  to  the  elcctiou  lU-  appoiutment 
of  such  officer  or  employe:  and  the  salary  or  cunipeu- 
satiou  so  fixed  shall  neither  be  increased  nor  dimin- 
ished so  as  to  apply  to  any  officer  or  employe  of  the 


Legislattire,  or  either  branch  thereof,  at  such  session ; 
j)>-uvuhd,  that  this  restriction  s]iall  not  apply  to  the  first 
special  and  regular  sessions  of  the  Legislature. 

No  amendment  being  offered,  the  section  was 
adopted. 

Section  29  was  read,  as  follows  :— 

Sec.  29.  The  first  regtilar  session  of  the  Legislature 
under  tliis  Constitution  may  extend  to  ninety  days,  but 
no  subsequent  regular  session  sliall  exceed  sixty  days, 
nor  any  special  session  convened  by  the  Governor  ex- 
ceed twenty  days. 

No  amendment  being  offered,  the  section  was 
adopted. 

THE   HOMESTEAD. 

Section  30  was  read,  as  follows  : — 

Sec.  30.  A  homestead  not  exceeding  one  hundred 
and  sixty  acres  of  land,  outside  of  the  hmits  of  a  town 
or  city,  or  not  exceeding  one  acre  within  the  limits  of 
any  town  or  city,  occupied  as  a  residiiice  In-  thi>  family 
of  the  owner,  together  with  all  the  improvements  on 
the  same,  of  the  aggregate  ViUue  of  five  thousand  dol- 
lars, shall  be  exempt  from  forced  sale  under  any  pro- 
cess of  law,  and  shaU  not  be  aUenatcd  withoitt  the  joint 
consent  of  husbaud  and  wife,  when  that  relation  exists; 
l)ut  no  property  sliall  be  exempt  from  sale  for  taxes,  or 
for  the  payment  of  obligations  contracted  for  the  ijur- 
ehase  of  said  premises,  or  for  the  erection  of  imjirovc- 
ments  thereon:  proridcil,  the  pro\-isions  of  this  section 
shall  not  apply  to  any  process  of  law  obtained  by  virtue 
of  a  Ueu  given  by  the  consent  of  both  Imsband  and 
wife;  and  laws  shall  be  enacted  iirovidiug  for  the  re- 
cording of  such  homestead  witliiu  the  county  iu  which 
the  same  may  be  situated. 

Mr.  KENNDEY.  I  move  to  anu-nd  this  sec- 
tion by  striking  out  after  the  word  "  home- 
stead,"* in  the  first  line,  to  and  including  the 
words  "  five  thousand  dollars  ;""  and  inserting  in 
lieu  thereof  the  words  "  as  provided  bylaw."' 
I  ^\ill  state  briefly  my  reason  for  this  amend- 
ment. I  do  not  think  that  we  ought,  iu  this 
Constitution,  to  fix  the  amount  or  value  of  this 
homestead  to  be  exempted.  At  some  time  it 
may  happen  that  five  thousand  dollars  would 
be  an  excessive  amount,  and  at  others  it  may  be 
too  small.  I  think  tlie  amount  is  properly 
sometliiiig  for  the  Legislature  to  fix  upon,  and 
I  am  therefore  in  favor  of  leaving  it  for  the 
Legislature. 

The  (piestiou  was  taken,  and,  on  a  division, 
the  iinu'iulment  was  agreed  to — ayes.  17;  noes.  6. 

m-.  JOHNSON.  I  give  notice  that  at  the 
proper  time,  in  the  Convention,  1  will  move  to 
re-inctu'porate  the  words  which  have  been 
stricken  out. 

Mr.  BANKS.  I  had  risen  with  the  intention 
of  giving  the  same  notice. 

No  further  amendment  being  oflered,  the 
section,  as  amended,  was  adopted. 

SEPARATE    PROPEKTT   OF  TIIE   WIFE. 

Section  31  was  read,  as  follows  : — 
Sec.  31.  All  iiroperty.  both  real  and  iiersonal,  of  the 
\rife,  owned  or  claimed  by  her  before  m.arriage,  aud 
that  acquired  afterward  by  gift.  de\nse  or  descent,  shall 
be  her  separate  i3rt)perty;  and  laws  shall  be  passed 
more  clearly  detinuig  the  rights  of  the  wife,  in  relation 
as  well  to  lur  separate  property  as  to  that  held  in  com- 
mon with  her  husband.  Laws  sh;dl  also  be  passed 
providing  for  the  registration  of  the  wife's  separate 
property. 


154 


LEGISLATIVE  DEPARTMENT. 


[oth  day. 


Friday,] 


Stiktevaxt — Wethekill — Fkizell — Bbosnax — Chapix — Fitch. 


[July  8 


Mr.  STURTEVANT.  I  move  to  strike  out 
the  iMitliv  si'ttion. 

Mr.  JdllNSoN.  I  would  like  to  hear  the 
reason  for  tliut  motion. 

Mr.  STIUTEVANT  [in  his  seat].  I  do  not 
like  he-women.     [Laughter.] 

The  question  was  taken,  and  tlie  amendment 
was  not  agreed  to. 

No  other  amendment  being  offered,  the  sec- 
tion was  adopted. 

SOLE   TRADERS. 

Section  32  was  read,  as  follows  : — 
Sec.  32.     No  law  shall  be  passed  authorizing  married 
woiueu  to  carry  on  business  as  sole  traders. 

Mr.  FITCH.  I  move  to  strike  out  that  sec- 
tion. 

.Mr.  WETIIERILL.  I  hoi)e  the  section  will 
not  be  stricken  out.  We  liave  seen  tlie  evils  of 
the  .«ystem  of  "  sole  traders  "  in  California,  in 
divers  instances.  It  has  led  to  abuses  through- 
out the  State.  Dishonesty  is  practiced  under  it 
in  every  shape,  and  I  hope  the  .section  will  be 
retained. 

Mr.  FRIZELL.  I  hope,  too,  that  section  will 
not  be  stricken  out.  In  striking  out  tliat  sec- 
tion you  Ijonefit  no  class  of  men  or  women 
save  one.  and  that  is  the  jjroprietors  of  news- 
papers ;  for  every  newspaper  will  be  likely  to 
have  about  twenty  advertisements  a  day,  of 
wonu-n  wlio  are  going  to  set  up  for  themselves 
as  sub-  trailei-s. 

Mr.  VAU  )>S.SS.  I  hope  the  Convention  will 
not  strike  out  that  section.  I  recollect  that  in 
the  la.st  Convention  there  was  a  great  deal  of 
discu.ssion  on  this  subject.  It  occupied  much 
of  the  time  of  that  Convention,  and  although 
this  Convention  is  not,  of  course,  bound  by  the 
action  of  that,  yet  some  consideration  is  due  to 
the  investigation  and  the  consideration  which 
was  given  to  this  inijxirtant  section  ))y  that 
body.  As  has  been  remarked  by  the  gentleman 
from  E-^meralda.  (Mr.  Wetherill.)  thts  business 
of  sole  trading  has  been  a  fruitful  source  of 
framl  and  litigation  in  California  :  in  fact  it  be- 
came at  one  time  a  by-wonl  and  reproach  in 
that  State.  Cases  were  tried  in  the  Courts 
of  that  State,  in  wiiidi  it  appe.ired  that  the 
most  unl>ecoming  occupations  were  pursued. 
or  .said  to  have  lieen  pursued  by  the  female 
liranch  of  the  domestic  circle — classes  of  busi- 
ness, sir.  that  female  modesty  would  blush  at, 
but  which,  neveriheh'ss.  were  carried  on,  or 
Haid  to  Ije  carried  on.  liy  wives,  as  sole  traders, 
although  in  reality  merely  for  the  i)nrpose,  as 
was  frefpuMitly  found  there  by  jiu'ies,  of  cover- 
ing up  the  iiideliiedness.  or  the  projierty,  ratlier. 
of  tlie  head  of  the  family,  so  tliat  he  might 
avoid  liie  payment  of  iiis  iionest  de))ts.  For 
instance,  wives  have  J)een  known  to  carry 
on.  r).stensibiy.  the  farming  business,  and  the 
farm  and  the  imi»iemeiits  of  agriculture,  the 
horses,  the  cows,  and  everything  of  that  descrip- 
tion jiertaining  to  the  farm,  was  said  to  be 
owned  and  managed  by  the  wife,  whilst  she 
VfiiH  still  living  under  the  roof  of  tlie  husband. 


owning  property  to  the  amount  of  thousands  of 
dollars,  while,  at  the  .same  time,  some  laboring 
man  who  had  perhaps  a  few  hundred  dollars 
due  him  for  work  done  for  the  husband,  was 
unable  to  (detain  his  pay. 

Mr.  STFRTEVANT.  I  rise  to  a  point  of 
order.  The  gentleman  is  charging  these  things 
ujjon  the  farmers  ;  now,  in  my  opinion,  farmers 
do  not  do  such  things  ;  they  are  done  more  in 
the  big  cities.     [Laughter.] 

The  CHAIRMAN.  The  point  of  order  is  not 
well  taken. 

Mr.  BROSNAN.  I  was  stating  that  such 
cases  had  been  before  the  courts  in  California, 
where  the  heads  of  families  have  been  sued  for 
indebtedness  due  from  tliem  to  their  employers, 
and  have  setup  as  a  defense, in  order  to  escape 
from  that  indebtedness,  that  the  property  all 
belonged  to  their  wives.  Cases  of  that  kind 
have  not  been  infrequent,  and  it  was  with  the 
knowledge  of  these  things,  of  the  great  abuses 
and  evils  which  might  possibly  arise  from 
allowing  a  man  to  carry  on  business  under  the 
cloak  of  the  wife's  doing  business  in  her  own 
name — the  possibility,  I  say,  that  under  such  a 
system  great  wrongs  might  be  perpetrated,  and 
honest  creditors  defrauded  by  debtors — that 
I  was  in  favor,  in  the  other  Convention,  of  in- 
serting that  section  in  the  Constitution.  I  have 
seen  nothing  since  then  calculated  to  change 
my  views.  It  is  etpuxlly  as  necessary  now  as  it 
was  then,  and  I  hope  the  section  will  be  re- 
tained in  the  Constitution  which  we  are  going 
to  adojjt. 

Mr.  CHAPTN.  The  gentleman  has  alluded 
to  the  passage  of  this  section  in  the  last  Con- 
vention. It  did  so  pass,  but  it  was  by  a  bare 
majority  only,  and  1  have  heard  the  most  bitter 
complaints  about  that  provision  in  that  Consti- 
tion  since  that  time.  I  am  more  firmly  con- 
vinced now  than  I  was  then,  of  the  importance 
of  having  it  stricken  out.  Most  of  us  are 
aware  that  many  wives  in  this  Territory  are 
now  suffering  from  having  miserable,  intemper- 
ate husbands  who  are  incapable  of  transacting 
business,  and  those  wives  only  get  a  living  by 
carrving  on  business  for  themselves. 

Mr.  FRIZELL  [in  his  seat.]  Well,  let  them 
get  a  divorce. 

Mr.  CHAPIN.  They  are  doing  that  to  a  liberal 
extent  here  now.  [Laughter.]  And  now  I 
propose  to  strike  out  this  provision,  and  let 
them,  if  they  will,  go  into  some  honorable, 
lionest  ))usiness,  and  get  a  living  by  it.  I  hoi)e 
the  section  will  be  stricken  out. 

The  question  was  taken  on  the  motion  to 
amend,  by  striking  out  the  section,  and,  upon 
a  division,  it  was  not  agreed  to — ayes,  11  ;  noes, 

Mr.  FITCH.  I  give  notice  that  T  shall  renew 
the  motion  wlien  the  question  comes  up  in  the 
Convention. 

_  No  other  amendment  being  offered,  the  sec- 
tion was  adopted,  upon  a  division— ayes,  13 ; 
noes,  10. 


5th  day.] 


LEGISLATIVE  DEPARTMENT. 


155 


Friday,] 


Fitch — Eael — Johnson— Kkxxedt — Warwick. 


[July  8. 


COUNTY   OFFICERS. 

Section  33  was  read,  as  follows  : — 

Sec.  33.  The  Legislature  shall  provide  for  the  elec- 
tion by  the  people  of  a  Clerk  of  the  Supreme  Ctourt, 
County  Ck'rk.s,  County  Recorders,  who  shall  be  ex- 
officio  County  Auditors,  District  Attorneys,  Sheriffs, 
County  Siu'veyors,  PubUc  Adnimistrators,  and  other 
necessary  officers,  and  fix  by  law  their  duties  and  com- 
pensation ;  provided,  that  in  no  case  such  compensa- 
tion shall  exceed  in  the  aggregate,  as  salary  and  fees  in 
office,  the  sum  of  four  thousand  dollars  per  annum,  to 
any  one  of  such  officers,  exclusive  of  the  necessary 
expenses  attendant  upon  the  discharge  of  the  duties  of 
the  office,  except  the  Sheriff's,  whose  compensation 
in  fees  and  salary  shall  in  no  case  exceed  the  sum  of 
six  thousand  dollars  per  annum,  exclusive  of  ex- 
penses necessarily  incurred  in  the  discharge  of  the 
dvities  of  said  office.  County  Clerks  shall  be  cx-officin 
Clerks  of  the  Courts  of  Kecord  in  and  for  their  re- 
spective counties. 

Mr.  FITCH.  I  move  to  amend  the  section  by 
striking  out,  after  the  word  "  compensation," 
the  proviso  down  to  and  including  the  words. 
••  duties  of  said  office,''  so  that  the  section,  if 
amended  as  I  projjose,  would  read  thus  : — 

Sec.  33.  The  Logi.slature  shall  provide  for  the  elec- 
tion bj-  the  people  of  a  Clerk  of  the  Supreme  Court, 
County  Clerks,  County  Recorders,  who  shall  be  ex- 
ojjhAo  County  Auditors,  District  Attorneys,  Sheriffs, 
County  Surveyors,  Public  Administrators,  and  other 
necessary  officers,  and  fix  bj"  law  their  duties  and  com- 
pensation. Coiuity  Clerks  shaU  be  er-oiiicio  Clerks  of 
the  Courts  of  Record  in  and  for  their  I'espective  coun- 
ties. 

My  reasons  for  proposing  this  amendment, 
are  brietiy  these  :  I  wish  to  leave  the  fixing  of 
all  salaries,  especially  those  of  local  and  county 
officers,  to  the  Legislature,  and  I  do  not  desire 
to  have  those  salaries  defined  and  fi.ved  in  the 
Constitution.  That  was  one  of  the  main  objec- 
tions to  the  old  Constitution  when  it  was  sub- 
mited  to  the  people,  and  the  same  objection 
^\ill,  of  course,  be  urged  against  the  new  one 
if  we  retain  such  a  proviso.  I  regard  it  is  as  bad 
policy  to  fix,  in  the  fundamental  law  of  the 
.State,  the  amount  of  salaries,  which,  by  the 
operation  of  changes  in  the  currenc}',  or  on  ac- 
count of  some  increase  or  decrease  of  values, 
may,  in  a  very  short  time,  be  practically  greatly 
reduced  or  increased.  Perhaps  the  salary  of  the 
County  Clerk,  fixed  now  at  four  thousand  dol- 
lars as  a  maximum,  may  be  entirely  correct 
and  sufficient  at  the  present  time,  but  the  na- 
tional currency  may  hereafter  be  adopted,  and 
a  large  increase  of  values  result ;  in  such 
a  case,  four  thousand  dollars  would  be  an  in- 
significant and  paltry  sum.  For  that  reason  I 
am  opposed  to  putting  that  or  any  other  spe- 
cific sum  in  the  fundamental  law  of  the  State. 
I  think  it  is  exclusively  within  the  province  of 
the  Legislature,  and  altogether  out  of  place 
here. 

Mr.  EARL.  I  agree  fully  with  the  gentleman 
in  the  opinion  that,  in  the  event  of  our  having 
a  paper  currency,  the  amount  here  established 
will  not  be  sufficient,  especially  in  some  of  the 
counties  ;  indeed,  I  know  it  will  not  be  suffi- 
cient. I  also  concur  in  the  objection  that  it 
is  improper  to  specify  the  amount  of  any  salary 
in  our  fundamental  law. 


Mr.  JOHNSON.  If  we  could  do  it— if  it  were 
practicable,  as  it  seemed  to  be  at  the  time  this 
Constitution  was  framed  in  the  former  Conven- 
tion, to  make  a  ma.ximum  for  the  salaries  of  all 
these  officers— I  should,  for  one,  like  to  adopt 
that  course.  But  I  tell  you,  Mr.  Chairman,  that 
I  have  learned  one  thing  since  that  time,  and 
that  is,  that  these  county  officers  wield  a  very 
potent  influence,  and  I  am  not  willing  to  incor- 
porate in  this  Constitution  the  elements  of  its 
own  destruction.  I  am  willing  to  leave  this 
whole  question  of  salaries  and  fees  to  the  Leg- 
islature, rather  than  incorporate  such  a  pro- 
vision here,  because  I  do  not  desire  to  provoke 
any  opposition  which  can  be  avoided. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

COMPENSATION   OF   THE   LEGISL.\TURE. 

Section  34  was  read,  as  follows  : — ■ 
Sec.  34.  The  members  of  the  Legislature  shall  re' 
ceive  as  compensation  for  services,  the  sum  of  eight 
dollars  for  each  day's  actual  attendance  upon  theii-  leg- 
islative duties,  at  any  regular  or  special  session,  and 
thirty  cents  for  each  mile  traveled  by  the  usual  route 
in  going  to  and  returning  from  the  place  of  meeting  of 
the  Legislature,  and  no  further  compensation  or  aUovv- 
auce  shall  be  made  to  any  member  of  the  Legislature 
for  the  performance  of  his  official  duties;  -provided, 
that  an  appropriation  may  be  made  for  the  payment  of 
such  actual  expenses  as  members  of  the  Legislature 
may  incur  for  postage,  express  charges,  newspapers 
and  stationery,  not  exceeding  the  sum  of  forty  dollars, 
for  any  general  or  .special  session,  to  each  member;  and 
furthi:rmore provided,  that  the  Speakerof  the  Assembly, 
and  Lieutenant  Governor,  as  President  of  the  Senate, 
shall  each,  during  the  time  of  their  actual  attendance 
as  such  presiding  officers,  receive  an  additional  allow- 
ance of  two  dollars  per  diem. 

Mr.  KENNEDY.  I  have  an  amendment  here 
which  I  desire  to  otter.  It  is  a  copy  of  the 
provision  contained  in  the  California  Constitu- 
tion on  this  subject,  and  I  move  its  adoption  a;3 
a  substitute  for  the  section. 

The  SECRETARY  read  as  follows  :— 

Sec.  34.  The  members  of  the  Legislature  shall  re- 
ceive for  their  services  a  comiJensatiou  to  be  fixed  by 
law,  and  paid  out  of  the  public  treasury ;  but  no  in- 
crease of  the  compensation  shall  take  effect  during  the 
term  for  which  the  members  of  either  House  shall 
have  been  elected. 

Mr.  FITCH.  I  suggest  that  there  should  be 
an  amendment  to  provide  for  the  compensation 

I  of  the  first  Legislature. 

I      Mr.  AVARWICK.     I  will  move  to  amend,  by 

I  allowing  the  members   of  the  first  Legislature 

\  eight  dollars  per  day,  and  thirty  cents  for  each 

I  mile  of  travel. 

i     Mr.  KENNEDY.     That  can  be  done  in  the 

!  Schedule. 

I      Mr.  WARWICK.   There  is  a  suggestion  on  my 
left  that  it  can  be  altered  in  the  Schedule,  and 

I  therefore  I  will  withdraw  my  amendment. 

Mr.  JOHNSON.  I  am  opposed  to  the  sub- 
stitute.    So  far  as  the  provision  is  made  appli- 

j  cable  to  members  of  the  first  Legislature,  1  am 
not  particular  about  it ;  but,  Mr.  Chairman,  I 


156 


LEGISLATIVE  DEPARTMENT. 


[5tli  day. 


Friday,]        Warwick— Kexxedy—Johxsox—Ba^ks — Fitch — Lockwood— Ckos>ux.       [July  8. 


jini  eanu'stly  in  favor  of  the  proviso  contained 
in  tills  section,  to  wit : — 

Provideil  that  an  appropriation  may  be  made  for  the 
pavnitnt  of  siuh  actual  expeiist-s  as  members  of  the 
Le'^,'i>ilatnre  may  incur  lor  postafjo,  express  charges, 
newspaiHTs,  and  stationery,  not  exceeding  the  sum  of 
forty  dollars  for  anj'  general  or  special  session  for  each 
member. 

You  may  fix  the  aninunt  at  forty,  sixty,  or  one 
hundred  dolhirs,  if  you  please  :  but  you  and 
I  know,  that  a  o-rcat  pro]iortion  of  the  items 
which  go  to  make  u])  the  sum  of  h'jiislative  ex- 
penses, consist  of  these  ajjparently  trittin^u;  mat- 
ters. My  observation  has  shown  me  that  these 
small  items  amount  in  the  aggregate  to  an  enor- 
mous sum,  and  I  propose,  by  this  provision,  to 
make  every  member  responsiliU'  lor  wliatever 
of  expense  for  stationt'ry.  ]>apers,  etc.,  he  in- 
curs— to  provide  such  guards  and  restrictions 
as  will  previ'nt  members  of  the  Legislature 
from  being  rpiarteri-d  on  tlie  Treasury,  so  far  as 
to  com  pel" the  State  to  pay  not  only  for  what 
they  use.  l)ut  also  for  what  they  may  choose  to 
carry  away,  or  waste  and  destroy.  I  care  not 
what  amount  may  be  fixed  upon,  but.  at  all 
events,  let  us  designate  some  amount,  so  as  to 
make  each  member  the  guardian  and  custodian 
of  the  public  revenue,  and,  if  yon  do  that,  you 
will  avoid  what  I  know  has  been  a  crying  evil 
in  the  State  of  California — more  particularly  so 
there,  perhaps,  than  here. 

As  to  the  salaries  of  members.  I  am  quite 
satificd  to  leave  that  matter  to  the  Legislature, 
after  we  shall  have  fixed  the  salaries  for  the 
first  session.  In  that  respect.  I  do  not  think  it 
is  necessary  to  have  such  a  guarded  restriction. 

Mr.  WARWICK.  I  miive  to  amend  the 
ann-ndmcnt  by  striking  out  ''eight,-'  and  in- 
serting "  ten.'' 

Mr.  KfJXXEDY.  I  am  inclined  to  accede  to 
the  views  of  the  gentleman  from  Ormsby,  (Mr. 
Johnson.)  who  has  had  more  experience  in 
the.se  legislative  matters  than  1  have  ;  but  I  think 
the  sum  named  here  is  entirely  too  small,  and 
will  suggest  that  it  be  auicndcil.  S(j  as  to  make 
the  amount  named  in  the  proviso  eight}',  in- 
stead of  forty  dollai'S. 

Mr.  JOHNSON.  I  .suggest  that  we  pass  over 
the  section  temjjorarily.  I  think  we  can  har- 
monize our  views,  and  readily  agree  upon  the 
amount  to  be  allowed. 

No  obji'ction  being  made,  the  section  was 
passed  over  t<'mporarily. 

KI.ECTIO.VS  OK  UXITKI)  STATE.S  SENATOIt.S. 

Section  3')  was  read,  as  follows  :^ 

Sec.  3.5.  In  alt  elei-tlonK  for  TTnitid  States  Senators, 
such  elections  sliall  lie  held  in  joint  convention  of  both 
Houxes  of  the  Legislature.  It  sliall  be  the  duty  of  the 
LeKislaturc  wliich  conviMies  next  prec(^dinf{  the  expira- 
tion of  the  term  of  sudi  Senator,  to  c-lect  his  succes.sor. 
It  a  va<'aucy  in  such  Senatorial  representation  from 
any  cause  occurs,  it  shall  be  the  duty  of  tlie  Legislature 
then  in  session,  or  at  the  succeeding  sessifin  thi^reof,  to 
supply  such  vacancy.  If  the  Legislature  sh;Ul  at  any 
time,  as  hirein  provided,  fail  to  unite  in  a  joint  con- 
vention within  twenty  days  after  the  commencement 
of  the  scMsion  of  the  Legislature,  for  the  election  of 
■ucU  Senator,  it  shall  be  the  duty  of  the  Governor,  by 


proclamation,  to  convene  the  two  Houses  of  the  Legis- 
lature in  joint  convention,  within  not  less  than  live 
days,  nor  exceeding  ten  days,  from  the  publication  of 
his  proclamsitiim,  and  the  joint  convention,  when  so 
assembled,  shall  proceed  to  elect  the  Senator,  as  herein 
provided. 

Mr.  BANKS.  I  wish  to  offer  a  slight  verbal 
amendment  here,  althotigh  it  is  not  a  matter  of 
great  imi)ortance.  It  says :  '•  If  a  vacancy  in 
such  Senat()rial  rejjreseutation  from  any  cause 
occurs."  I  think  the  word  should  be  "  occur," 
using  the  subjunctive  form.  I  move  to  amend, 
by  striking  out  the  letter  "s"  from  the  word 
■'  occurs." 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

I  PAY   OF    THE    LEOI.STATIRE — AGAIN. 

The  consideration  of  Section  34  was  resumed. 

Mr.  I'TTCII  offered  the  following,  which  Mr. 

I  Kennedy  accepted,   in   lieu   of   the   substitute 

which  he  had  offered  : — 

I  Sec.  34.  The  members  of  the  Legislature  shall  re- 
i  ceive  for  their  services  a  compensation,  to  be  fi:scd  by 

law,  and  paid  out  of  the  piiltlic  treasury,  but  no  in- 
'  crease  of  compensation  shall  tate  etl'ect  during  the  term 

for  which  the  memVjers  of  either  House  shall  have  been 
j  elected  ;  provhlcd,  that  au  appropriation  may  be  made 
'  for  the  XJaynient  of  such  actual  expenses  as  members 

of  the  Legislature  may  incur  for  postage,  express 
'  charges,  newspapers,  and  stationery,  not  exceeding 
j  the  sum  of  eighty  dollars  for  any  general  or  special  ses- 
,  sion  to  each  member. 

Mr.  LOCKWOOD.  I  see  that  there  is  no 
provision  here  for  the  additional  compensation 
of  the  Lientcnant-Oovernor  and  Sj)eaker. 

The  CHAIRMAN.  The  substitute  will  have 
to  be  amended  in  that  respect,  perhaps. 

Mr.  FITCH.  1  think  the  Legislature  may  be 
allowed  to  fix  the  compensation  of  the  Lieuten- 
ant-Governor and  Speaker.  They  can  place  it 
higher  than  that  of  the  other  members,  if  they 
choose. 

The  question  was  taken  on  the  adoption  of 
the  substitute,  and  it  was  agreed  to. 

Mr.  CROSMAN.  Now.  I  move  to  amend  the 
substitute,  by  striking  out  the  word  "eighty," 
and  inserting  the  word  '•fifty." 

Mr.  FlTedl.  I  would  suggest  that  this  is  not 
only  the  allowance  for  jiostage,  but  for  news- 
papers, and  stationery,  also.  A  large  amount 
of  stationery  must  l)e  used,  and  as  green- 
liaeks  may  be  adojded  as  the  currency,  it  seema 
to  me  that  fifty  dollars  would  l>e  too  small  an 
allowanci'  for  a  three  mouths'  session. 

Mr.  CROSMAN.  It  is  proposed  that  the  first 
session  oidy  shall  contimie  for  three  months, 
and  that  is  "provided  for  elsewhere.  After  the 
first  session  the  time  is  to  be  materially  shortr 
ened,  being  fixed  at  sixty  days.  I  believe.  Be- 
sid<'s.  we  do  not  expect  greenbacks  to  remain 
at  ilieir  i)resent  rates  a  great  while.  We  can  fix 
the  amount  to  lie  allowed  for  the  first  session, 
in  the  Schedule. 

Mr.  FITCH.  If  we  place  the  amount  a); 
eighty  dollars,  we  do  not  necessarily  thereby 
compel  members  to  use  the  whole. 


5tli  day.] 


EXECUTIVE  DEPARTMENT. 


157 


Friday,] 


Crosm-vx — Fitch— Johnson— Kexxedt—Chapix — Duxxe— Earl. 


[July  8. 


m.  CROSMAN.  I  would  ask  the  gentleman 
if  lie  ever  knew  a  case  of  a  limitation  of  that 
kind,  whore  the  limit  was  not  reached.  I  have 
witnessed  it  repeatedly. 

Mr.  FITCH.  I  will  state,  in  answer  to  the 
gentleman's  inquiry,  that  I  know  of  thi-ee  or 
four  members  of  a  recent  California  Legisla- 
ture, who  went  away  and  left  a  hundred  dollars 
worth  of  stationery,  which  they  might  have  ap- 
l>ro]>riated  as  well  as  not,  if  they  had  seen  fit 
to  do  so. 

Mr.  JOHNSON.  I  M-ill  state,  on  the  other 
hand,  that  I  have  known  of  .some  who  sent  away 
trunks  full  of  stationery. 

Mr.  KENNEDY.  Gentlemen  should  inquire 
what  it  costs  for  newspapers,  .and  for  letter  post- 
age, as  well  as  for  all  the  stationery  used.  I  do 
not  think  that  the  sum  mentioned  will  pay  the 
■whole  cost  of  those  things,  and  I  know,  that  for 
mv  own  part.  I  use  more  than  that  amount. 

Mr.  CROSMAN.  This  amendment  is  to  ap- 
ply, as  I  understand,  to  the  State  Legislature 
only  when  the  State  Government  shall  he  in 
working  order,  which  will  j)rol)al)ly  be  about 
two  years  hence.  The  Schedule  will  be  likely 
to  fix  the  per  diem  and  expenses  of  the  first 
Legislature,  if  we  do  not  do  so  in  the  body  of  the 
Constitution.  It  may  be,  that  greenbacks  are 
not  worth  now  more  than  fifty  cents  on  the  dol- 
lar, but  two  years  from  now,  when  the  Consti- 
tution will  be  fairly  in  operation.  I  calculate 
that  fifty  dollars  in  greenbacks  will  be  fifty  dol- 
lars. 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Crosman,  and  it  was  not  agreed 
to. 

Mr.  CHAPIN.  I  move  to  amend,  by  striking 
out  ••  eighty,"  and  inserting  '•  sixty."' 

The  question  was  taken,  and,  upon  a  division, 
the  amendment  was  agreed  to — ayes.  13  ;  noes, 
12. 

No  further  amendment  being  oft'ered,  the  sec- 
tion, as  amended,  was  adopted. 

THE  \'ET0  POWER. 

Section  3(5  was  read,  as  follows  : — 

Sec.  36.  Every  bill  which  may  have  pa.ssed  the  Le- 
gislature, shall,  before  it  becomes  a  law,  be  presented 
to  the  Governor.  II'  he  approve  it,  he  shall  sign  it; 
but  if  not,  he  shall  return  it,  with  his  objections,  to  the 
House  in  which  it  originated,  which  shall  enter  such 
objections  u^jou  the  journal,  and  proceed  to  reconsider 
it.  If,  after  such  reconsideration,  it  again  jiass  both 
Houses  by  ayes  and  noes,  by  a  majority  of  two-thirds 
of  the  members  ele«ted  to  each  House,  it  shall  become 
a  law,  notwitlistandiug  the  Cioveruor's  objections.  If 
any  bill  shall  not  be  returned  within  Ave  days  after  it 
shall  have  been  i^resented  to  him,  (Sunday  excepted,) 
exclusive  of  the  day  on  which  he  received  it,  the  same 
shall  be  a  law,  in  like  manner  as  if  he  had  signed  it, 
unless  the  Legislature,  by  its  final  adjournment,  pre- 
vent such  return,  in  which  case  it  shall  be  a  law,  unless 
the  {.Tovernor,  within  ten  days  next  after  the  adjourn- 
mc!nt,  (Sunday  excei)ted, )  shall  file  such  bill,  with  his 
objections  thereto,  in  tlie  office  of  the  Secretary  of 
State,  who  shall  lay  the  same  before  the  Legislature  at 
its  next  session,  in  like  manner  as  if  it  had  been  re- 
turned by  the  Grovernor;  and  if  the  same  shall  receive 
the  vote  of  two-thirds  of  the  members  elected  to  each 
branch  of  the  Legislature,  upon  a  vote  taken  by  ayes 
and  noes,  to  be  entered  upon  the  journals  of  each 
House,  it  shall  become  a  law. 


Mr.  JOHNSON.  I  suggest  a  verbal  altera- 
tion in  this  section.  Where  the  word  "Sunday"' 
occurs  a  second  time,  the  plural  form  should  be 
used — '•  Sundavs.'" 

The  CHAIR'MAN.  It  is  a  verbal  error  only  ; 
the  Secretary  will  make  the  correction. 

No  further  amendnu'nt  being  proposed,  the 
section  was  apdoted. 

EXECUTIVE  DEPARTMENT. 

The  Committee  of  tlie  Whole  next  took  up 

for  consideration  Article  V,  entitled  Executive 

Department. 
Section  1  was  read,  as  follows  : — 
Section  1.     The  supreme  executive  power  of  this 

State,  shall  be  vested  in  a  Chief  magistrate,  who  shall 

be  Governor  of  the  State  of  Xevada. 

No  amendment  being  oft'ered,  the  section  was 
adopted. 

G0VERN0R"s  TERM  OF  OFFICE. 

Section  2  was  read,  as  follows  : — 
Sec.  2.  The  Governor  shall  be  elected  by  the  quali- 
fied electors  at  the  tune  and  iilaees  of  voting  for  mem- 
bers of  the  Legislature,  and  shall  hold  his  oflice  for 
two  years  from  the  time  of  his  installation,  and  imtil 
his  successor  shall  be  qualified. 

Mr.  DUNNE.  I  move  to  amend  by  striking 
out  the  word  '•  two,"  and  inserting  the  word 
"  four,'"'  so  as  to  read— -.shall  hold  his  ofiice  for 
four  years  from  the  time  of  his  installation,  and 
until  his  successor  shall  be  qualified.'' 

The  question  was  taken,  and  upon  a  division, 
the  amendment  was  agreed  to — ayes,  1(5 ;  noes, 
not  counted. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

ELIGIBILITY  OF  GOVERNOR. 

Section  3  was  read,  as  follows  : — 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of 
Governor,  who  is  not  a  quaUfied  elector,  and  who,  at 
the  time  of  such  election,  has  not  attained  the  age  of 
tweuty-tive  years  ;  and  who,  excex^t  at  the  first  election 
under  this  Constitution,  shall  not  have  been  a  citizen 
resident  of  this  State  for  two  years  next  preceding  the 
election. 

Mr.  EARL.  I  wish  to  offer  an  amendment ; 
to  insert  in  the  second  line,  after  the  Avord 
•'  elector,"'  the  words,  "  who  has  served  one 
term,''  so  as  to  read  : — 

"  No  ijerson  shall  be  ehgible  to  the  office  of  Governor, 
who  is  not  a  qualified  elector,  who  has  served  one 
term,  and  who,  at  the  time  of  such  election,"  iS:c. 

My  idea  is,  that  after  a  person  has  served 
four  years,  he  should  not  be  eligible  until  he 
passes  over  one  term. 

The  question  was  taken,  and  the  amendment 
was  not  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion was  adopted. 

ELECTION  RETIRN.S. 

Section  i  was  read,  as  follows  : — 
Sec.  4.  The  returns  of  every  election  for  Governor, 
and  other  State  officers  voted  for  at  the  general  elec- 
tion, shall  be  sealed  up  and  transmitted  to  the  seat  of 
Government,  directed  to  the  Secretary  of  State,  and  ou 
the  third  Monday  of  December  succeeding  such  elec- 


158 


EXECUTIVE   DEPARTMEXT. 


[5th  day. 


Friday,] 


McClixtox— DuxxE— NouRSE — Fkizell — Banks— JoHNSox. 


[July  8. 


tion,  the  Chief  Justice  of  the  Supreme  Court  and  the 
Associate  Justices  shall  moot  at  the  office  of  the  Secre- 
tary of  Stite,  and  open  ami  cimvass  the  election  returns 
for" Governor  and  all  other  State  officers,  and  forthwith 
diclare  the  result,  and  piiblish  the  names  of  the  can- 
didates elected.  Tlie  persons  having  tin-  hi^'best  tim- 
ber of  votes  for  the  respective  offices,  sliaU  be  drclared 
elected,  but  in  case  any  two  or  more  liave  an  equal,  and 
the  highest  number  of  votes  for  the  same  office,  the 
Le"islature  shall,  by  .ioint  vote  of  both  Houses,  elect 
one  of  said  persons  to  fill  said  office, 

Mr.  l^kCLIXTON.  I  move  to  strike  out  tliLs 
section,  for  tlie  re;i>;ou  tbul  we  can  provide  for 
all  tiiat  in  the  Scliedule. 

Tlie  question  was  taken,  and  the  amendment 
was  not  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion was  addjjted. 

.Section  5  was  read,  as  follows  : — 

Sec.  5.  The  Governor  shall  be  Commander-in-Chief 
of  the  niiUtary  forces  of  this  State,  except  when  they 
shall  be  called  into  the  service  of  the  United  States. 

No  amendment  being  oflered,  the  section  was 
adopted. 

Section  G  was  read,  as  follows  : — 
Sec.  6.  He  shall  transact  all  executive  business  with 
the  officers  of  the  Government,  civil  and  military,  ami 
may  require  information,  in  writing,  from  the  utiirers 
of  the  txecutive  Department,  upon  any  subject  relat- 
ing to  the  duties  of  their  respective  offices. 

No  amendment  being  offered,  the  section  was 
adopted. 

Section  7  was  read,  as  follows  : — 

Sec.  7.  He  shall  see  that  the  laws  are  faithfully  exe- 
cuted. 

No  amendment  being  offered,  the  section  was 
adopted. 

VACANCIES   IX  OFFICE. 

Section  8  was  read,  as  follows  : — 

Sec  8.  When  any  office  shall,  from  any  cause,  be- 
come vacant,  and  no  mode  is  provided  by  the  the  Cou- 
stitvition  and  laws  for  tilling  such  vacancy,  the  Gov- 
ernor shall  have  the  power  to  till  such  vacancy  by 
granting  a  commission,  which  shall  expire  at  the  next 
election  and  quaUficatiou  of  such  officer. 

Mr,  DUNNE.  That  section  seems  to  require 
some  amendment,  I  do  not  know  exactly  what 
it  sliuulil  be.  but  there  should  be  some  change 
ill  thi'  cnneluding  lines--"  wliich  [commission] 
shall  expire  at  the  next  electic»n  and  (pialiflca- 
tioii  of  such  otticer."'  That  seems  to  apply  to 
the  next  inctimbent. 

Mr.  NOL'llSK.  I  will  move  to  amend  the 
section  in  that  particular  l)y  striking  out  the 
words  '•  such  officers "  and  inserting  in  lieu 
thereof  the  words  "tlie  person  elected  to  such 
office, "  so  as  to  read,  '■  wliich  shall  expire  at 
the  next  election  and  qualilication  of  the  per- 
son elected  to  such  office.'' 

The  (pu'stion  was  taken,  and  the  amendment 
was  agreed  to. 

Mr.  FItlZHI.L.  I  do  not  think  that  all  offices 
which  it  is  in  the  power  of  tlie  Covenior  to  till 
by  api»oiiitmeiit  are  tilled  by  issuing  a  commis- 
sion. The  language  of  this  section  is  to  the 
effect  that  the  tiovernor  shall  issue  a  commis- 
sion, and  it  occurs  to  me  that  it  would  read 
belter  if  we  should  strike  out  the  words  "  by 


granting  a  commission,"  and  insert  jthe  words 
"  by  appointment,"  I  will  move  that  as  an 
amendment.  This  is  a  question,  I  confess,  as 
to  the  facts  of  which  I  aiu  not  very  well  posted  ; 
nevertheless,  it  occurs  to  me  that  many  ofifices 
are  filled  by  the  Governor  for  which  it  is  not 
necess.iry  for  him  to  issue  a  commission. 

Mr.  BANKS.  The  real  object  is  to  reqtiire 
the  Governor  to  appoint  by  giving  a  commiss- 
ion, and  whoever  receives  such  commission  takes 
it  as  he  would  a  certificate  of  election  to  the  body 
appointed  to  receive  it,  and  upon  that  he  takes 
his  seat,  or  enters  upon  the  duties  of  his  office, 
as  the  case  may  be.  It  is  merely  providing 
what  shall  be  the  evidence  of  appointment. 

The  question  was  taken,  and  the  amendment 
was  not  agreed  to. 

Mr.  JOHNSON.  There  is  one  matter,  in 
this  connection,  to  which  I  desire  to  call  atten- 
tion. When  this  section  was  adopted  by  the 
former  Convention,  in  the  language  which  is 
used  in  the  printed  copy,  the  Convention 
proceeded  on  the  theory  that  no  provision  was 
to  be  made  by  law  for  appointment  to  office  by 
the  Governor,  except  to  supply  vacancies.  If 
it  is  the  sense  of  the  Committee  that  it  is  proper 
to  invest  the  Governor,  in  any  case,  with  the 
power  of  original  appointment,  then  it  occurs 
to  me  that  something  more  is  necessary  to  be 
added  here.  If,  however,  this  Convention  agree 
with  the  preceding  one  in  withholding  from  the 
Governor  the  power  of  appointing  to  office,  ex- 
cept in  cases  of  vacancies,  then  it  will  not  be 
necessary  to  make  any  change.  If  the  Conven- 
tion do  not  agree  in  that  particular  with  tiie  for- 
mer Convention,  then  I  suggest  that  we  insert, 
after  "  next  election,"  the  words  "  or  appoint- 
ment." That,  it  seems  to  me,  would  be  neces- 
sary if  you  give  the  Governor  original  appoint- 
ing power.  I  do  not  make  a  motion,  but  simply 
suggest  the  matter  to  the  Committee. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted.^ 

Section  9  was  read,  as  follows  : — 

Sec.  9.  The  Governor  may,  on  extraordinary  occa- 
sions, convene  the  Legislature,  by  a  proclamation,  and 
shall  state  to  both  Houses,  when  organized,  the  pur- 
l)ose  for  which  they  have  been  convened,  and  the 
Legislature  shall  transact  no  legislative  business  ex- 
ccjit  that  for  which  they  were  specially  convened,  or 
such  other  legislative  business  as  the  Governor  may 
call  to  the  attention  of  the  Legislature  while  in  ses- 
sion. 

No  amendment  being  offered,  the  section  was 
adopted. 
Section  10  was  read,  as  follows  : — 
Sec.  10.  He  shall  communicate,  by  message,  to  the 
Legislature,  at  every  regular  session,  the  condition  of 
the  State,  and  recommend  such  measures  as  he  may 
deem  expedient. 

No  amendment  being  offered,  the  section  was 
adopted. 
Section  11  was  read,  as  follows: — 
Sec.  11,  In  case  of  a  disagreement  between  the 
two  Houses,  with  respect  to  the  time  of  adjournment, 
the  Governor  shall  have  power  to  adjourn  the  Legisla- 
ture to  such  time  as  he  may  think  proper  ;  provided, 
it  be  not  beyond  the  time  fixed  for  the  meeting  of  the 
next  Legislature. 


5th  day.] 


EXECUTIVE  DEPARTMENT. 


159 


Friday,] 


Brosxan — JoHxsox — ^NouKSE — HovEY — Baxks. 


[July  8. 


No  amendment  being  offered,  the  section  was 
adopted. 
Section  12  was  read,  as  follows : — 
Sec.  12.     No  person  shall,  while  holding  any  office 
wnder  the  United  States  Government,  hold  the  office  of 
Governor,  except  as  herein  expres.sly  provided. 

No  amendment  being  offered,  the  section  was 
adopted. 

PARDOXIXG   POWER. 

Section  1.3  was  read,  as  follows  : — 

Sec.  13.  The  Governor  shall  have  the  power  to  sus- 
pend the  collection  of  lines  and  forfeitures,  and  to 
grant  reprieves  for  a  period  not  exceeding  sixty  days, 
dating  from  the  time  of  conviction,  for  all  oli'enses,  ex- 
cept in  cases  of  impeachment.  Upon  conviction  for 
treason,  he  sh.all  have  power  to  suspend  the  execution  of 
the  sentence  until  the  case  shall  be  rex)orted  to  the  Legis- 
lature at  its  next  meeting,  when  the  Legislature  shall 
either  pardon,  direct  the  execution  of  the  sentence,  or 
grant  a  further  reprieve.  And  if  the  Legislature 
should  faU  or  refuse  to  make  final  disposition  of  such 
case,  the  sentence  shall  then  be  enforced  at  such  time 
and  place  as  the  Governor,  by  his  order,  may  direct.  The 
Governor  shall  communicate  to  the  Legislature,  at  the 
begining  of  every  session,  every  case  of  tine  or  forfeit- 
ure remitted,  or  reprieve,  pardon,  or  commutation 
granted,  stating  the  name  of  the  convict,  the  crime  of 
which  he  was  convicted,  the  sentence,  its  date,  and  the 
date  of  the  remission,  commutation,  pardon  or  re- 
prieve. 

Mr.  BROSNAN.  I  move  to  amend  this  sec- 
tion by  striking  out  the  words,  "  to  suspend  the 
collection  of  fines  and  forfeitures.""  1  do  not 
like  to  give  that  power  to  anv  single  man. 

Mr.  JOHNSON.  I  think  it  will  not  be  found 
that  this  section  invests  the  Executive  with  that 
extraordinary  power.  It  will  be  seen  by  a 
close  examination  of  the  section,  that  it  does 
not  propose  to  invest  the  Executive  with  the 
power  of  pardoning  at  all,  but  he  is  to  consti- 1 
tute  one  of  a  board  which  is  ifivested  with  that 
power.  Now,  the  object  of  this  and  the  succeed- 
ing sections,  and  the  extent  to  which  they  go, 
is  merely  this— that  until  such  time  as  the  I'ardon- 
ing  Board  can  meet  to  consider  any  given  case,  it 
shall  be  within  the  power  of  the  Executive  to 
suspend  the  enforcement  of  sentence — "  to  sus- 
pend the  collection  of  fines  and  forfeitures,  and 
to  grant  reprieves,  for  a  period  not  exceeding 
sixty  days."  Then,  after  such  suspension,  the 
pardoning  power  is  lodged  in  this  Pardoning 
Board.  1  had  the  honor  of  submitting  this  .sec- 
tion to  the  former  Convention,  and  I  then  con- 
ceived it  (piite  improper  that  the  Executive 
should  have  the  extraordinary  power  of  abso- 
lutely pardoning  any  one.  and  for  the  strong 
reason  that  the  responsil)illty  should  not  rest 
upon  one  man  alone.  This  portion  of  the  sec- 
tion only  operates  to  confer  a  power  of  suspen- 
sion until  such  time  as  the  Pardoning  Board  can 
pass  upon  the  case,  and  I  think  the  gentleman 
from  Storey,  (Mr.  Brosnan,)  will  see  the  propri- 
ety of  that  provision. 

*Mr.  NOURSE.  Was  it  intended  that  the  sixty 
days  limitation  should  apply  also  to  the  matter 
of  fines  and  forfeitures  ? 

Mr.  JOHNSON.  I  think  the  language  can 
bear  no  other  construction. 

Mr.  NOURSE.     Then  I  think  the  word  "  to  " 


should  be  stricken  out  where  it  occurs  before 
the  word  -  grant,'"  so  as  to  read,  '•  and  grant  re- 
prieves.-' etc. 

Mr.  BROSNAN.  Upon  examination  of  the 
section,  I  see  that  the  gentleman  from  Ormsby 
is  right — that  the  power  here  grantwl  is  merely 
to  postpone  sentence.  I,  therefore,  withdraw 
my  amendment.  But  I  am  not  satisfied  with 
the  .section  yet.    It  says  : — 

"  The  Governor  shall  communicate  to  the  Legislature, 
at  the  beginning  of  every  session,  every  case  of  tine  or 
forfeiture  remitted,  or  reprieve,  pardon  or  commuta- 
tion granted." 

Now,  if  a  forfeiture  is  remitted,  it  is  blotted 
out  forever.  If  these  things  are  to  be  done  by 
the  Governor,  there  is  no  use,  it  seems  to  me, 
in  applying  to  any  ultimate  power,  stating  the 
name  of  the  offender,  the  character  of  the 
offense,  and  what  is  to  be,  or  has  been  done,  in 
regard  to  such  offense. 

Mr.  HOVEY.  I  would  suggest  that  the  gen- 
tleman refer  to  the  next  section,  by  which  the 
Pardoning  Board  is  to  be  established. 

Mr.  BROSNAN.  AVell.  the  language  here  is, 
nevertheless,  inappropriate.  For.  I  hold  that 
the  word  "  remit,"'  implies  to  blot  out  en- 
tirely. It  says  "the  Governor  shall  com- 
municate every  case  of  fine  or  forfeiture  remit- 
ted;' etc. 

The  CHAIRMAN.  The  Chair  begs  leave  to 
suggest  that  the  ]iardonlng  power  is  exercised 
by  the  board,  and  the  Governor  is  merely  re- 
quired to  rejiort  their  action  to  the  Legislature. 

Mr.  JOHNSON.  That  is  it,  exactly.  And  I 
think  the  recollection  of  the  gentleman  from 
Storey,  (Mr.  Brosnan,)  will  serve  him  in  that 
particular.  We  thoiiglit.  in  the  la.^t  Convention, 
that  the  Governor  would  bo  the  ])roper  person 
upon  whom  to  devolve  the  duty  of  reporting  to 
the  Legislature  the  official  action  of  the  Board 
of  Pardons,  of  which  he  is  ex-officio  a  member. 

Mr.  NOURSE.  I  think  a  careful  examination 
of  the  first  few  lines  of  the  section  will  show 
that,  as  it  at  present  stands,  the  power  of  the 
Governor  is  unlimited,  for  the  sus])ension  of 
fines  and  forfeitures,  at  all  events.  In  order  to 
make  sure  of  this  matter,  I  suggest  that  we 
strike  out  the  word  •'  to,"  after  •'  forfeitures, 
and." 

Mr.  BANKS.  I  hope  that  will  be  done,  and 
that  we  shall  also  strike  out  the  comma  after 
the  word  •'  forfeitures,"  also. 

]\rr.  NOURSE.  No  ;  I  think  that  is  not  neces- 
sary ;  the  meaning  is  plain,  if  we  take  out  the 
word  "  to."  I  move  to  strike  out  the  word 
•'  to." 

The  question  was  taken  on  BIr.  Nourse's 
amendment,  and  it  was  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion was  adopted. 

Section  14  was  I'ead,  as  follows  : — 

Sec.  14.  The  Governor,  Justices  of  the  Supreme 
Court,  and  Attorney  General,  or  a  major  jjart  of  them, 
of  whom  the  Governor  shall  be  one,  may,  upon  such  con- 
ditions and  with  such  limitations  and  restrictions  as 
they  may  think  proper,  remit  iines  and  forfeitures, 
commute  punishments,  and  grant  pardons  after  con- 


IGO 


EXECUTIVE  DEPARTMENT. 


5th  day.] 


Friday.]         Xuukse—Bkosxax—Baxks—Prootor— Dunne— Johnson— Lockwood.         [July  8. 


vicUous,  in  aU  cases  except  treason  and  impeachments, 
subject  to  sui-b  regulations  as  may  be  providea  by  law, 
relative  to  the  manner  of  applying  for  pardons. 

No  anu-udiiiLMit  being  ottered,  the  section  was 
adupted. 

STATE    SEAT,. 

Section  15  was  road,  as  follows  :— 
Sec  15.    There  shall  be  a  seal  of  this  State,  which 
shall  be  kept  bv  the  Governor,  and  used  by  him  ofli- 
eiaUy,  and  shall"  be  called  the  "Great  Seal  of  the  State 
of  Nevada." 

.Air.  XOURSE.  I  supposed  that  the  practice 
was  that  the  great  seal  of  State  should  be  kept 
by  the  Secretary  of  State.  I  will  ask  whether 
tliat  is  not  the  case  ? 

Mr.  BROSNAN.  I  think  the  custom  is.  that 
it  is  kept  by  the  Governor,  and  I  think  the 
gentleman  from  Ormsby,  (Mr.  Johnson,)  will 
tell  vou  tlie  same. 

Mr.  BANKS.  I  believe  the  Governor  is  sup- 
posed to  keep  it,  l)nt  the  Secretary  of  State 
reallv  keeps  it  for  him. 

No  amendment  being  offered,  the  section  was 
adoi)ted. 

Section  16  was  read,  as  follows  : — 

Sec.  16.  All  grants  and  commissions  shall  be  in  the 
name  and  the  authority  of  the  State  of  Nevada,  sealed 
with  the  Great  Seal  of  the  State,  signed  by  the  Gover- 
nor, and  coimtersigntd  by  the  Secretary  of  State. 

The  CHAIRMAN.  I  suggest  Avhether  the 
M-ord  ■•  by  "  sliould  not  be  inserted  there  before 
the  words  ••  tlie  authority.'' 

Mr.  NOURSE.  Most  certainly.  I  move  to 
insert  the  word  ■'  by  "  between  the  word  "  and  '■ 
and  the  word  "  the,"'  so  as  to  read  "  in  the 
name  and  by  the  authority  of  the  State  of  Ne- 
vada."' 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

Section  17  was  read,  as  follows  :— 

Sec.  17.  A  Lieutenant  Governor  shall  be  elected  at 
the  same  time  and  places,  and  in  the  same  manner  as 
the  Governor,  and  his  term  of  office,  and  his  eligibility, 
Hhall  also  be  the  same.  He  sliall  be  President  of  the 
Senate,  i)ut  shall  only  have  a  casting  vote  therein.  If, 
daring  a  vacancy  of  the  office  of  Governor,  the  Lieu- 
tenant Governor  shall  be  impeached,  displaced,  resign, 
die,  or  become  incai)al)le  of  iierforming  the  duties  of 
tlic  office,  or  be  al)seut  from  the  Slate,  the  President 
jiro  U-mpore.  of  the  Senate  shall  act  as  Governor,  until 
the  vacancy  be  filled  or  the  disability  cease. 

No  amendment  being  offered,  the  section  was 
adojjted. 
Section  18  was  read,  as  follows  : — 
Sec.  18.  In  case  of  the  impeachment  of  the  Gover- 
nor, or  his  removal  from  offiee,  deatli,  inability  to  dis- 
charge the  duties  of  the  said  office,  resignation,  or  ab- 
Kence,  from  the  State,  the  powers  and  duties  of  the  office 
shall  devolve  upon  the  Lieutenant  Govenior,  for  the 
residue  of  the  term,  or  until  tlie  disability  sliall  cease. 
But  when  the  Governor  shall,  witli  tlie  consent  of  the 
Ligi^ilature,  be  out  i)f  the  St;ite  in  time  of  war,  and  at 
the  lieiid  of  any  military  fone  thereof,  he  shall  con- 
tinue (Jommauder-iu-Chief  of  the  military  force  of  the 
State. 

Mr.  NOrR.SE.  I  would  like  to  know  how 
that  compares  with  the  former  section,  which 
provide-i  that  the  Governor  shall  be  Comman- 


der-in-Chief of  the  militia,  except  when  called 

into  the  actual  service  of  the  United  States  ?  I 
sujjpose,  however,  as  a  State  we  shall  have  no 
war. 

Mr.  B.VNKS.  We  m.ay  have  an  insurrection 
in  this  State. 

No  amendment  being  offered,  the  section  was 
adopted. 

SURVEYOR    GENERAL. 

Section  19  was  read,  as  follows : — 
Sec.  19.  A  Secretary  of  State,  a  Treasurer,  a  Con- 
troller, and  an  Attorney  General,  shall  be  elected  at  the 
tune  and  places,  and  in  the  same  manner  as  the  Gover- 
nor. The  term  of  office  of  each  shall  be  the  same  as  is 
prescibed  for  the  Governor.  Any  elector  shall  be  eligi- 
ble to  either  of  said  offices. 

Mr.  PROCTOR,  I  move  to  amend  the  sec- 
tion by  inserting  after  the  word  "  Controller," 
the  words  •■  a  Surveyor  General,''  so  as  to  read, 
"  a  Secretary  of  State,  a  Treasurer,  a  Controller, 
a  Surveyor  General,  and  an  Attorney  General, 
shall  be  elected,"  etc. 

The  question  was  taken,  and  the  amendment 
was  not  agreed  to. 

Mr.  DUNNE.  I  move  to  amend  the  section 
by  inserting  after  the  word  "  Controller  "  the 
words  "  a  Superintendent  of  Public  Instruc- 
tion." 

Mr.  BROSNAN.  There  is  another  section 
which  pi'ovides  for  that. 

Mr.  DUNNE.  Very  well ;  if  that  office  is 
provided  for  I  will  withdraw  the  amendment. 

No  further  aincndment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

SECRETARY  OF   STATE. 

Section  20  was  read,  as  follows  : — 
Sec.  20.  The  Secretary  of  State  shall  keep  a  true 
record  of  the  official  acts  of  the  Legislative  and  Execu- 
tive Departments  of  the  Government,  and  shall,  when 
required,  lay  the  same,  and  all  matters  relative  thereto, 
before  either  branch  of  the  Legislature. 

Mr.  JOHNSON.  I  am  not  prepared,  at  the 
present  moment,  to  say  that  this  section  is,  or  is 
not,  exactly  right,  but  it  occurs  to  me  that  it  is 
not.  Would  it  be  right  to  require  the  Secretary 
of  State  to  keep  a  true  record  of  the  proceed- 
ings of  the  Legislature,  when  the  recoi'ds  of 
the  proceedings  of  that  department  are  also  re- 
quired to  be  kept  by  the  proper  officers  of  the 
respective  branches  of  the  Legislature  ?  He  is 
made,  or  should  be  made,  the  custodian  of  the 
records  of  the  Legislature,  when  prepared  by 
the  proper  officers,  as  well  as  of  the  otlier  de- 
partments. The  language  of  the  section  can 
be  amended  hereafter,  however,  if  necessary. 

Mr.  LOCKWOOD.  I  would  like  to  inquire 
if  the  term  of  the  State  Treasurer  and  the  other 

I  State  officers  is  intended  to  be  four  years.  I 
see  it  says  they  shall  be  elected  at  the  "time  and 

I  place  and  in  the  same  manner  as  the  Governor. 

j  The  CHAIRMAN.  The  Cliair  thinks  the  term 
must  be  the  same  from  the  reading  of  the  sec- 

I  tion.    If  there  is  any  eiTor,  the  Chair  will  en- 

I  tertain  a  motion  to  reconsider. 

Mr.  LOCKWOOD.     I  shall  certainly  oppose 

I  that  in  the  Convention. 


5th  day.] 


EXECUTIVE  DEPARTMENT. 


161 


Friday.] 


DuxNE — Banks— LocKwooD — Collins — Brosnan — Johnson. 


[July  8. 


Mr.  DUNNE.     I  think  their  terms  should  be 

the  same  as  that  of  the  Governor  ;  but  as  there  is 
to  be  a  reconsideration  moved  hereafter,  in  re- 
spect to  the  term  of  the  Governor,  I  will  not 
offer  any  amendment  at  this  time. 

No  further  amendment  being  offered  to  Sec- 
tion 20,  the  section  was  adopted. 

Section  21  was  read,  as  follows  : — 

Sec.  21.  The  Governer,  Secretary  of  State,  and  At- 
tornej'  General,  shall  constitute  a  Board  of  State  Prison 
Commissioners,  which  Board  shall  have  such  super^'i- 
sion  of  all  matters  connected  with  the  State  Prison  as 
may  be  provided  by  law.  They  shall  also  constitute  a 
"Board  of  Examiners,"  with  power  to  examine  all 
claiips  against  the  State  (except  salaries  or  compensa- 
tion of  officers  fixed  by  law,)  and  perform  such  other 
duties  as  may  be  prescribed  by  law. 

Mr.  BANKS.  I  move  to  amend  this  section 
by  adding  to  it  the  following  : — 

,,  And  no  claims  against  the  State,  except  salaries,  or 
comiiensatiou  of  officers  fixed  by  law,  shall  be  passed 
upon  by  the  Legislature,  without  having  been  consid- 
ered and  acted  upon  by  said  Board  of  Examiners." 

Mr.  LOCKAVOOD.  I  may  be  more  obtuse 
than  other  gentlemen,  but  I  really  do  not  un- 
derstand that  amendment. 

Mr.  BANKS.  It  merely  provides  that  no 
claims  against  the  State  shall  be  acted  upon  by 
the  Legislature  without  first  passing  through 
the  hands  of  the  Board  of  Examiners.  The 
Chairman  will  recollect  that  in  California,  hav- 
ing no  constitutional  provision  on  the  subject, 
the  Legislature  passed  a  law,  and  agreed  to  be 
bound  by  it,  of  the  same  purport.  It  was  a 
sort  of  tacit  understanding,  by  which  succeed- 
ing Legislatures  required  all  claims  presented 
to  be  first  passed  upon  by  the  Board  of  Exam- 
iners. Under  that  understanding,  so  long  as  it 
was  observed,  they  stood  in  California  just 
where  this  provision  would  place  the  Legisla- 
ture of  the  new  State  of  Nevada  ;  but,  some- 
times, ignoring  that  law,  gentlemen  would  bring 
in  claims,  and  have  them  acted  upon  in  the 
Legislature,  by  means  of  lobby  influence,  in 
spite  of  the  Board  of  Examiners.  Now,  I  want 
this  rule  understood  and  firmly  established, 
that  all  claims,  except  salaries  fixed  by  law, 
shall  first  pass  through  the  hands  of  the  Board 
of  Examiners  before  they  can  be  obtruded  in  any 
way  upon  the  Legislature. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

Mr.  COLLINS.  I  rise  to  make  an  inquiry. 
I  see  it  is  provided  here  that — 

"  The  Governor,  Secretary  of  State  and  Attorney  Gen- 
eral shall  constitute  a  Board  of  State  Prison  Commis- 
sioners, which  board  shall  have  such  supervision  of 
all  matters  connected  with  the  State  Prison  as  may  be 
provided  by  law." 

Now,  I  think,  that  at  the  time  of  the  election 
under  the  old  Constitution  last  year,  a  person 
was  chosen  as  Attorney  General  who  was  a 
resident  of  Lander  County,  and  I  would  inquire 
if  the  intention  of  this  section  is  that  the  Attor- 
ney General  shall  be  required  to  be  a  resident 
at  the  Capital  of  the  State  ;  and  whether  it 
would  not  be  more  proper  to  constitute  some 
other  of  the  State  oflicers  a  member  of  that 


board  ?  "Would  it  not  be  better,  for  instance, 
that  the  Controller  should  be  named,  who,  with 
the  Secretary  of  State,  would  be  at  the  Capital 
at  all  times,  when  required  to  consult  with  the 
Governor.  It  seems  to  me  that  would  be  better 
than  to  impose  this  duty  upon  a  party  who  may 
reside  at  the  remotest  part  of  the  State. 

The  CHAIRMAN.  I  would  suggest  that  this 
objection  could  be  removed  by  requiring  all 
the  State  officers  to  reside  and  keep  their  offices 
at  the  Capital. 

Mr.  BROSNAN.  That  matter  was  discussed 
at  the  former  Convention,  and  it  was  then 
thought  that  there  was  not  salary  enough  at- 
tached to  the  office  of  Attorney  General  to 
justify  such  a  requh-ement. 

Mr.  JOHNSON.      It  will  be  seen  that  the 
Attorney  General  is  one  of  the  State  officers 
who  are  not  required  to  reside  at  the  Capital. 
As  the  gentleman  from  Storey,   (Mr.  Brosnan), 
remarked,  it  was  thought,  in  view  of  the  lim- 
ited amount  of  salary,  and  for  other  reasons, 
perhaps,  that  it  was  not  advisable  to  require  him 
to  keep  his  office  here,  and  I  will  state  one  special 
reason,  which  has  not  been  adverted  to,  why 
I  it  was  thought  best  to  designate  him  as  one  of 
the  members  of  the  State  Prison  Board,  pre- 
mising it  with  the  suggestion  that,  for  my  own 
part,  I  do  not  think  it  absolutely  necessary  that 
either  of  the  members  of  this  Board  should  re- 
side  at   the  seat  of  Government.     They  will 
undoubtedly  have  stated  times  for  their  meet- 
ings.   I  know  it  is  so  in  California,  where  they 
act  under  the  operation  of  a  law  similar  to  this 
provision  ;  and  the  Attorney  General  may  be 
occupied  in  Washoe,  in  Storey,  in  Lyon,  or  in 
any  other  county,  perhaps  in  some  one  of  the 
more  remote  counties,  so  that  it  possibly  may 
not  be  convenient  for  him  to  be  a  frequent 
attendant  at  the  meetings  of  the  Board.     Yet, 
even  if  he  were  absent,  there  would  still  be  a 
quorum  for  the  transaction  of   business,  and 
therefore  I  do  not  know  that  it  is  essential  for 
him  to  attend  upon  all  the  sessions.    Now,  the 
reason  why  these  other  officers  should  not  be 
placed  upon  the  Board  of  State  Prison  Com- 
missioners is  this — that  in   such  case,   in  the 
capacity  of  members  of  the  Board  of  Exam- 
iners, they  would  be  required  to   pass  upon 
their  own  expenditures.  For  example,  the  Con- 
troller would  have  to  issue,  and  the  Treasurer 
would  have  to  pay  the  warrants  drawn  by  the 
Board  of  which,  respectively,  they  are  mem- 
bers ;  and   it  was  deemed  improper   to  con- 
stitute an  officer  a  member  of  the  Examining 
Board,  whose  duty  it  would  thereupon  be  to 
pass  upon  his  own  accounts.     The  members  of 
this  Board  of  Examiners  are  not  clothed  with 
extraordinary  powers  as  individuals,  but  they 
may,  as  a  Board,  refuse  to  pass  upon  claims 
brought  before  them  ;  hence  the  Attorney  Gen- 
eral was  mentioned  as  one  of  the  officers  to 
constitute   this  commission,   and  I  think  the 
reasons  I  have  mentioned  should  influence  the 
committee  and  induce  it  to  retain  him  in  that 
position. 


162 


CORPORATIONS. 


[5  th  day. 


Friday,] 


DrNXE—CROsMAN—DELoNG— Banks— Chapin—Noukse— Proctor. 


[July  8. 


No  further  amendment  being  offered,  the  sec- 
tion was  adoptoti. 
t>ectit)U  22  was  read,  as  follows  :— 
Sfx.  2*2.  Tlje  Secretary  of  State,  State  Treasurer, 
Ktati  CoutroUer,  Attorney  General,  and  Superintendent 
of  Public  Instruction,  shall  perform  such  other  duties 
as  may  be  prescribed  by  law. 

N»i  anu'udmeat  being  ofifered,  the  section  was 

adoptt'il. 

Mr.  Dl'XXE.  I  move  that  the  committee 
rise,  report  progress,  and  ask  leave  to  sit  again. 

Mr.  CIIOSMAX.  No,  no!  Let  us  recommend 
the  p;ussage  of  the  articles  we  have  gone  through 
with. 

Mr.  DU.NyE.  "Very  well ;  I  will  make  that 
motion,  then. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

I.V   COXVENTIOX. 

The  PPlB^IDENT  having  resumed  the  Chair, 

The  CH.\IUMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Articles  HI.  IV,  and  V  of  the  Constitution,  and 
had  made  sundry  amendments  thereto,  in  which 
thev  had  directed  him  to  ask  the  concurrence 
of  the  Convention. 

The  report  was  accepted. 

Mr.  I^UNN'E.  I  move  that  the  rules  be  sus- 
pended, and  that  the  articles  just  reported  from 
the  Committee  of  the  Whole  be  ordered  en- 
grossed as  amended,  for  a  third  reading. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

KEraREXCE   OF   ARTICLES. 

Mr.  DCNXE.  As  Article  VI,  entitled  Judi- 
cial Department,  has  been  referred  to  a  com- 
mittee. I  will  move  that  Articles  VII,  VIII,  IX, 
X,  and  XI,  be  taken  up  and  committed  to  the 
Committee  of  the  Whole. 

The  PRE.SIDEXT.  Has  the  Convention  taken 
action  upon  referring  the  article  on  the  Judi- 
ciary? I  do  not  recollect  such  action  ;  and  if 
is  was  had,  I  think  it  must  have  been  taken  at 
8ome  time  when  I  was  absent. 

Mr.  DLXXE.  If  there  be  any  question  about 
that  action,  it  had  Ijctter,  perhaps,  be  decided. 
I  will  withdraw  my  former  motion,  and  move 
instead,  that  Article  IV,  entitled  Judicial  De- 
partment, be  referred  to  the  Committee  on  the 
Judiciary. 

Mr.  DkLONG.    I  move  to  amend  the  motion 
by   referring,   also.   Article  VII,   entitled   Ini- , 
peachment   and   Removal   from  Oflice,  to  the 
same  comtnitt<,'e. 

Mr.  DUXXE  accepted  the  amendment. 

The  question  wa.s  tixken,  and  the  motion,  as 
modilied,  was  agreed  to. 

(In  motion  of  Mr.  DCNXE,  Article  VIH,  on- 
titled  Muni(ij)al  and  other  Corjjorations  ;  Arti- 
cle IX,  entitled  Finance  and  State  Debt;  Arti- 
cle X,  entitled  Taxation,  and  Article  XI. 
entitled  Salaries,  were  taken  up,  read  a  second 
time  bv  title,  and  referred  to  the  Committee  of 
the  Whole. 


COMMITTEE   OP  THE   WHOLE. 

Mr.  DeLONG.  I  now  move  that  the  Conven- 
tion resolve  itself  into  Committee  of  the  Whole 
for  the  consideration  of  these  articles. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (Mr.  DeLong 
in  the  Chair),  and  proceeded  to  the  considera- 
tion of  the  matters  referred  to  it. 

MU.VICIPAL  AND   OTHER   CORPORATIONS. 

Article  VIII,  entitled  Municipal  and  other 
Corporations,  was  first  considered. 
Section  1  was  read,  as  follows  : — 
Section  1,  The  Legislature  shall  pass  no  special  act 
in  any  manner  relating  to  corporate  powers,  excciJt  for 
municipal  purposes  ;  but  coi-porations  may  be  formed 
under  general  laws  ;  and  all  such  laws  may,  from  time 
to  time,  be  altered  or  repealed. 

No  amendment  being  ofifered,  the  section  was 
adopted. 

TAXATION   OF   CORPORATION,?. 

Section  2  was  read,  as  follows  : — 
• 

Sec.  2.  All  real  property  and  possessory  rights  to 
the  same,  as  well  as  jjersonal  property  in  this  State, 
belonging  to  corporations,  now  existing  or  hereafter 
created,  shall  be  subject  to  taxation  the  same  as  prop- 
erty of  individuals ;  provided,  that  the  ijroperty  of  cor- 
porations formed  for  municipal,  charitable,  religious,  or 
educational  isurposes,  may  be  exemiJted  by  law. 

The  CHAIRMAN.     The   Chair  suggests   an 
inquiry,  whether  this  does  not  contain  the  cele- 
brated mining-tax  clause. 
Mr.  BANKS.     I  think  not. 
Mr.  CHAPIX.    I  move  that  it  be  adopted. 
Ml',  DUNNE,     I  wish  to  propose  an  amend- 
ment. 

Mr.  BANKS.  All  that  this  section  provides, 
if  the  Chair  will  allow  me  to  make  a  sugges- 
tion, is  just  this.  It  provides  that  corporations, 
like  individuals,  .shall  be  taxed  on  whatever 
property  they  own — that  corporations  having 
property,  and  A,  B,  and  C,  as  private  individ- 
uals, having  property,  that  property  shall  all 
be  taxed  under  the  Constitution  and  laws  of 
this  State,  the  property  of  corporations  being 
taxed  just  as  though  it  were  held  by  individ- 
uals. 
Mr.  NOURSE.  That  is  all  it  does. 
Mr.  PROCTOR.  But  w^hat  does  "possessory 
rights"  include? 

The  CHAIRMAN.  It  includes  anything  that 
a  man  has  possession  of,  or  a  legitimate  right 
to  hold  and  use. 

Mr.  DUNNE.  I  move  to  amend  the  section 
by  the  insertion  of  these  words,  after  the  words 
"hereafter  created" — "mines,  and  possessory 
claims  thereto." 

Mr.  CHAPIN.  That  is  provided  for  else- 
where. 

Mr.  NOURSE.  This  section  simply  provides, 
as  the  gentleman  from  Humboldt,  (Mr.  Banks,) 
has  said,  that  corporations  shall  be  taxed  just 
as  individuals  are  taxed.  I  suppose  nobody 
objects  to  that. 


5th  day.] 


CORPORATIONS. 


163 


Friday,] 


DrxxE — NouKSE — Banks — Hovey — Warwick — Earl. 


[July  8. 


Ml'.  DUNNE.  Yes,  sir  ;  I  object  to  the  tax- 
ation of  mines. 

Mr.  NOURSE.  But  it  does  not  relate  to  the 
taxation  of  mines.  It  only  provides  that  where 
an  individual  would  have  to  be  taxed,  whether 
upon  mines  or  anything  else,  a  corporation 
shall  be  taxed  just  the  same.  It  only  provides 
that  all  property  subject  to  taxation  shall  be 
taxed  just  the  same,  if  in  the  hands  of  corpora- 
tions, as  the  same  property  would  be  taxed  if 
in  the  hands  of  individuals. 

Mr.  DUNNE.  I  see  the  point  the  gentleman 
makes,  and  I  withdraw  my  amendment. 

No  other  amendment  being  offered,  the  sec- 
tion, as  read,  was  adopted. 

Section  3  was  read,  as  follows  : — 

Sec.  3.  Dues  from  corporations  shall  be  secured  by 
such  means  as  may  be  prescribed  by  law;  provided, 
that  corporators  in  corporations  formed  under  tlie  laws 
of  this  State  shall  not  be  individually  liable  for  the 
debts  or  Uabihties  of  such  corporation. 

No  amendment  being  offered,  the  section  was 
adopted. 
Section  -t  was  read,  as  follows  : — 

Sec.  4.  Corporations  created  by  or  under  the  laws 
of  the  State  of  Nevada,  shall  be  subject  to  the  pro\-is- 
ions  of  such  laws  until  the  Legislature  shall  pass  laws 
regulating  the  same,  in  pursuance  of  the  provisions  of 
this  Constitution. 

Mr.  BANKS.  I  think  the  word  "  State,"  in 
the  second  line,  has  been  accidentally  sub- 
ptituted  for  ••  Territory."  It  is  obviously  a 
clerical  error.  The  section  should  read — 
"  Corporations  created  by  or  under  the  laws  of 
the  Territory  of  Nevada,  shall  be  subject."  &c. 
I  will  move  to  amend,  by  inserting  the  word 
"  Territory,"  in  place  of  the  word  ••  State."' 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion was  adopk'd. 

Section  5  wa.s  read,  as  follows  : — 

Sec.  5.  Corporations  may  sue  and  be  sued  in  all 
Courts,  in  like  cases  as  individuals. 

No  amendment  being  offered,  the  section  was 
adopt<.'d. 

CITRREXCT. 

Section  6  was  read,  as  follows  : — 

Sec.  6.  No  bauk  notes  or  paper  of  any  kind  shall 
ever  be  permitted  to  circulate  as  money  in  this  State, 
except  the  Federal  currency,  under  the  laws  of  Con- 
gress. 

Mr.  HOYEY.  I  move  to  strike  out  that  sec- 
tion. 

Mr.  NOURSE.    "VATiat  is  the  object  of  that  ? 

Mr.  BANKS.  So  that  we  can  have  banks 
here,  if  we  want  them. 

Mr.  NOURSE.    And  paper  money? 

Sevekal  Members.    Yes  ;  paper  money. 

Mr.  NOURSE.  Well,  I  go  against  all  such 
stuff. 

Mr.  WARWICK.  There  is  one  very  good 
reason  why  this  section  should  be  stricken  out. 
and  that  is.  that  as  it  stands  now,  it  is  in  contra- 
vention of  the  laws  of  the  United  States.  It  is 
well  known  that  under  the  General  Banking 


j  law  passed  by  Congress,  banks  which  issue 

I  paper  money  can,  and  doubtless  will,  be  estab- 

i  lished  here.  and.  quite  probably,  during   the 

\  coming  year.     That  may  be  expedient,  or  other- 

j  ^yise  ;  and  whether  it  is  or  not.  is  an  open  ques- 

I  tion,  in  my  own  mind  :   nevertheless,  we  have 

I  the  fact  staring  us  in  the  face,  that  a  general 

banking  law  has  been  enacted  by  Couo-ress, 

and  that  under  it  we  may  look,  daily  and  hourly, 

for  the  circulation  of  paper  money  in  our  mids*. 

under  the  sanction  of  the  Government  of  the 

United  States. 

Mr.  NOURSE.  Yery  well ;  I  understand  that 
all  those  banks  are  included  in  the  term.  •■  Fed- 
eral currency."  They  are  established  by  the 
Federal  banking  law,  and  their  issues  being 
thus  made  currency  by  the  Federal  Govern- 
ment, therefore  become  Federal  currency.  Now 
does  the  gentleman  wish  to  have  any  other 
kind  of  banks  ?  This  provision.  I  understand, 
only  keeps  out  State  banks,  that  is.  all  banks 
whose  currency  would  be  other  than  Federal 
currency. 

Mr.  WARWICK.      There   is  little   doubt,  I 
think — and  any  man  who  has  watched  the  cur- 
rency for  the  last  year  can   hardly  doubt— that 
;  before  many  years,  the  national  currency  will 
j  absorb  every  issue  now  emanating  from  "eveiy 
bank  in  the  Fnited  States.      Consequently,  ar.y 
such  provision  as  this  stands  in  contravention 
of  the  law  of  the  United  States.     Judging  fi-om 
I  the  peculiar  circumstances  under  Mhich  we  start 
out  as  a  State,  and  from  the  general  demand 
^  which  is  coming  up  from  the  ])eople  throughout 
i  the  State  for  a  change,  or  at  least,  for  some  al- 
1  teration  in  our  currency,  there  is  no  doubt  in 
my  mind  that,  under  the  banking  law  enacted 
by  the  Federal  Government,  in  spite  of  any 
I  and  every  law  which  we  can  enact,  banks  will 
be   established  in  this  State ;    and  that  those 
banks,  established  under  the  sanction  of  the 
National  Government,  and  issuing  the  national 
currency,  will,  in  spite  of  anything  which  we 
can  enact,  go  into  operation  immediately  here 
in  our  midst.     Consequently.  I  am  in  favor  of 
striking  out  this  whole  section. 

Mr.  EARL.  I  hope  the  section  will  be 
stricken  out.  because  of  the  fact  that  if  we  do 
have  a  paper  currency  here,  we  may  at  some 
future  time  want  to  regulate  it  in  a  little  differ- 
ent way  from  the  provisions  of  that  Act  of 
Congress.  We  may  want  a  paper  currency 
here  redeemable  in  a  particular  manner,  differ- 
ent from  that  in  which  the  paper  currency  cir- 
culating in  other  States  is  redeemed,  founded 
upon  a  basis  more  especially  appropriate  to 
this  coast.  We  may  want  a  currency,  if  von 
please,  redeemable  in  gold  and  silver.  Biit  if 
this  clause  remains  we  cannot  have  it :  we  can 
have  only  a  Federal  currency  under  the  laws 
of  Congress.  We  can  have  no  other  class  of 
banks  than  those  which  are  established  or  au- 
thorized by  the  Act  of  Congress.  I  think  we 
shall  undoubtedly  want  some  change  ;  and  we 
desire  to  establish  a  banking  system  peculiar 
to  our  owa  interests  and  necessities  here.    la 


16^ 


CORPORATIONS. 


[5th  day. 


Friday,] 


Fitch— Eael—Nourse— Johnson— LocKWOOD— Banks. 


[July  8. 


order  that  we  may  do  that,  I  hope  this  section 
will  Vte  stricken  uiit. 

Mr.  FITCII.  I  have  an  amendment  here 
which  I  thiuk  will  meet  the  case  and  be  gener- 
ally acceptable.  I  propo.se  to  amend  the  sec- 
tion so  as  to  read  as  follows  : — 

Sec  6.  No  bank  notes,  or  paper  of  any  kind,  shall 
ever  he  permitted  to  cii'culate  as  money  in  this  State, 
except  the  Federal  cui-reucy  under  the  laws  of  Con- 
gress, and  the  cm-reucy  of  banks  established  under 
acts  of  Congress. 

Mr.  EAlvL.  That  is  the  same  thing. 
Mr.  NOURSE.  I  wish  to  say  a  few  words  in 
regard  to  that  amendment.  1  know  that  most 
ot'^the  members  of  the  Convention  have  lived 
in  California,  where  they  have  only  a  metallic 
currency,  and  consequently  they  have  had  lit- 
tle or  no  experience  in  this  infernal  paper  trash 
which  has  cursed  almost  every  one  of  the  East- 
ern states.  15ut  I  come  from  a  State  which  has 
|jeen  cursed  for  years  with  paper  money,  and 
}  go  for  sustaining  the  currency  of  the  United 
Stat4.'s,  and  the  national  banking  law,  which 
provides  for  a  uniform  system  of  paper  money 
that  will  be  safe  and  reliable.  How  far  that 
can  be  done  here,  is  a  matter  of  business  ex- 
periment, and  not  at  all  a  matter  to  be  settled 
bylaw.  I  hope  gentlemen  will  profit  by  the 
experience  of  other  States  in  regard  to  general 
banking  systems,  and  that  they  will  not,  after 
seeing  State  after  State  swamped  with  paper 
money — after  seeing  all  the  evils  which  have 
come'upon  those  States  year  after  year,  in  con- 
sequence of  having  banks  of  issue  which  were 
I)erfectly  worthless  —  attempt  or  consent  to 
throw  our  new  State  right  into  the  same  vortex 
of  ruin  in  which  those  States  have  been  en- 
gulfed. In  Minnesota,  before  the  crash  came, 
in  1^.\>7,  there  was  plenty  of  gold  and  silver  ; 
but  from  the  time  of  the  crash  not  a  dime  re- 
mained, but  year  after  year  we  had  nothing  but 
county  scrip  or  State  scrip,  indorsed  sometimes 
by  swindling  bankers.  We  had  the  Gosport 
Bank,  from  the  State  of  Indiana 

Mr.  JOHNSON.  That  was  the  best  you  had, 
was  it  not 't 

Mr.  NOL'RSE.  Well,  if  it  was,  that  was  not 
Faying  much  for  the  rest.  The  last  I  saw  relat- 
ing to  that  bank,  was  a  notice  stuck  up  on  a 
little  buililing  in  the  reai"  of  another  building, 
^vllich  read  in  this  way  :  "  Gosport  Bank  taken 
liere  at  par."'  That  was  about  the  only  thing- 
it  was  til  for. 

Mr.  JOll.N'SOX.  How  much  was  the  balance 
of  your  banks  worth  then? 

Mr.  N(jL'USE.  The  gentleman  can  draw  his 
own  inference.  We  had  railroad  banks,  and  all 
sort.s  of  wild-cat  banks.  They  would  adorn 
their  bills  beautifully,  with  the  prettiest  of  pic- 
tures, so  lus  to  makt,'  them  currt.'nt,  and  just  as 
soon  a.s  they  got  into  circulation  down  they 
went,  until  they  struck  the  bed-rock.  Then  we 
took  the  Illinois  and  Wisconsin  State  Banks, 
and  thought  that  their  notes  were  particu- 
larly safe  ;  but  just  as  soon  as  they  ))egan  to 
apjiear  prosperous,  down  they  went,  to  some- 


where about  forty  or  forty-eight  cents  on  the 
dollar.  How  many  men  were  ruined  by  this 
means,  it  is  impossible  to  say  ;  but  I  know  that 
the  whole  community  was  crushed  under  the 
load.  I  do  hope  that  gentlemen  will  not  insist 
on  inaugurating  such  a  system  here,  when  they 
know  that  such  has  been  the  history  of  every 
State  where  paper  currency  has  been  tolerated. 
Now  we  are  not  going  to  set  ourselves  up 
against  the  action  of  the  General  Government. 
I  have  no  doubt  that  "  when  this  cruel  war  is 
over,"  greenbacks  will  go  up  so  as  to  be  worth 
about  their  face  in  gold,  and  continue  so  ;  and 
the  bonds  of  the  United  States  will  be  as  good 
as  gold,  and  will  buy  gold  at  par.  But  as  to 
having  anything  else  foisted  upon  us  here — as 
to  attempting  to  set  up  a  system  of  State  banks, 
with  the  right  to  issue  bank-notes,  and  all  that 
sort  of  trash — I  tell  you ,  if  we  do  it,  we  shall 
be  guilty  before  God  and  man.  We  shall  have 
such  a  sin  to  answer  for,  that  we^shall  not  know 
where  to  hide  our  heads,  because  if  we  sin  in 
that  way  now,  we  do  it  with  our  eyes  open  ;  we 
do  it  with  the  experience  of  the  whole  coun- 
try before  us,  and  Avith  the  full  knowledge  of 
all  the  ruin  that  has  been  brought  about  in  other 
States  by  this  miserable,  Avild-cat.  paper  trash. 
I  hope  the  motion  to  strike  out  will  not  prevail, 
but  that  this  section,  substantially  as  it  is,  will 
be  adopted. 

Mr.  LOCKWOOD.  I  propose  to  act  upon 
this  matter  somewhat  in  the  light  of  expediency. 
I  have  been  opposed  to  such  action  as  might 
endanger  this  Constitution  before  the  people, 
upon  the  loyalty  clause,  but  I  warn  members  of 
the  Convention  that  if  we  strike  out  this  clause, 
or  insert  the  clause  proposed  to  be  inserted  in 
the  Constitution,  authorizing  the  issuing  of 
paper  money,  it  will  be  the  skull  and  cross- 
bones  of  the  coming  canvass.  It  is  my  honest 
conviction,  Mr.  Chairman,  that  not  one  third  of 
the  people  in  this  Territory  will  vote  for  this 
Constitution  with  such  a  clause  in  it  as  that 
proposed  to  be  inserted  here,  authorizing  banks 
of  issue.  Designing  men  M'ill  go  before  the 
people,  and  tell  them  all  about  banks  which 
have  broken  in  the  Eastern  States,  and  ruined 
the  people  of  those  States. 

Mr.  BANKS.  Will  the  gentleman  give  way 
one  moment ;  I  believe  he  is  mistaken  as  to  the 
nature  of  the  question.  It  is  not  proposed  to 
insert  any  clause  here  authorizing  a  general 
banking  system. 

Mr.  LOCKWOOD.  I  will  speak  of  that  in  a 
moment.  I  am  not,  myself,  opposed  to  banks, 
if  they  are  founded  upon  a  proper  basis.  If 
the  Congress  of  the  United  States,  sitting  at 
Washington,  has  passed  laws  which  provide  for 
a  general  banking  system,  whether  we  will  or 
not,  that  system  will  certainly  be  established 
amongst  us.  We  cannot  prevent  it  by  any  con- 
stitutional provision  whatever.  And,  sir,  provid- 
ed such  a  system  shall  come  among  us  under  cir- 
cumstances like  that,  then  this  provision  cannot 
be  made  a  bug-bear  of  in  the  canvass,  when  we 
take  this  Constitution  before  our  constituents. 


5tli  day.] 


CORPORATIONS. 


165 


Friday,] 


"Warwick — Fitch — Johnson— Banks— Chapin — Kennedy— Earl. 


[July  8. 


If  it  were  proposed  to  inaugurate  here  a  gen- 
eral system  of  wild-cat  banking.  I  certainly 
sliould  vote  against  it,  and  against  a  Constitu- 
tion containing  such  a  provision  ;  but  if,  upon 
the  other  hand,  it  is  only  proposed  to  sanction 
what  Congress  has  done,  which  we  are  bound 
to  do,  nolens  volens,  it  does  not  amount  to  any- 
thing that  could  be  used  against  us.  Let  us 
look  at  this  matter  just  as  it  is,  and  act  accord- 
ingly. 

ilr.  WARWICK.  The  people  seem  to  have 
a  holy  horror  of  banks. 

Mr.  FITCH.  I  desire  to  make  a  verbal  alter- 
ation in  my  amendment.  I  will  modify  it  so  as 
to  read  as  follows  : — 

Sec.  6.  No  bank-notes,  or  paper  of  any  kind,  shall 
ever  be  permitted  to  circulate  as  money  in  this  State, 
exceiit  the  Federal  currency  and  the  iiotes  of  banks 
authorized  under  the  laws  of  Congress. 

Mr.  JOHNSON.  Now,  sir,  I  am  in  favor  of 
adopting  the  amendment  rather  than  striking 
out  the  whole  section.  From  my  political  an- 
tecedents, I  think  I  cannot  be  regarded  as  be- 
ing opposed  to  any  and  every  system  of 
banking  ;  yet,  sir,  1  am  as  much  as  any  gen- 
tleman opposed  to  this  wild-cat  banking  system 
which  has  been  spoken  of.  1  think,  however, 
that  by  adopting  this  section,  with  the  amend- 
ment as  it  is  now  proposed,  we  shall  relieve  the 
new  State  from  any  possible  danger  of  any  such 
evils  arising  as  have  been  suggested  by  some 
gentlemen  who  have  preceded  me  on  this  occa- 
sion. I  aiu  therefore  in  favor  of  retaining  the 
section  with  this  amendment ;  otherwise  I  would 
advocate  the  striking  out  of  every  thing  relat- 
ing to  this  subject. 

Mr.  BANKS.  Let  us  hear  the  amendment 
again. 

The  SECRETARY  read  the  section,  as  pro- 
posed to  be  amended  by  Mr.  Fitch. 

Mr.  BANKS.  Now  that  is  about  right,  and  I 
hope  it  will  be  adopted. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  being  offered,  the 
section,  as  amended,  was  adopted. 

RIGHT   OF    WAT. 

Section  7  was  read,  as  follows  : — 

Sec.  7.     No  right  of  way  shall  be  approjiriated  to  the 

use  of  any  corporation  until  lull  compensation  be  first 

made  therefor. 

Mr.  BANKS.  I  desire  to  move  to  amend  by 
inserting  in  that  section  the  words,  "  or  se- 
cured,'' so  as  to  read  :  "until  full  compensation 
be  first  made  or  secured  therefor."  But  before 
submitting  the  amendment,  I  wish  to  ask  a 
question.  My  recollection  is  that  the  word 
'•  tendered  "  was  not  inserted  in  the  section  of 
the  Declaration  of  Rights  relating  to  taking 
private  property  for  public  use,  which  was  un- 
der consideration  the  other  day,  and  my  desire 
is  to  make  this  section  correspond  in  its  phrase- 
ology with  that.  I  would  inquire  whether  or 
not  my  recollection  is  correct ''. 

The  CHAIRMAN.     No,  sir ;  we  did  not  in- 


sert the  word  '•  tendered."  That  is  the  recollec- 
tion of  the  Chair. 

Mr.  B^YNKS.  Then  I  move  to  amend  this 
section,  by  inserting  after  the  word  "  made," 
the  words  "  or  secured.'' 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  being  offered,  the 
section,  as  amended,  was  adopted. 

MUNICIPAL    INDEI3TEDNES.S. 

Section  8  was  read,  as  follows : — 
Sec.  8.  The  Legislature  shall  provide  for  the  organ- 
ization of  cities  and  towns  by  general  laws  ;  and  re- 
strict their  power  of  taxation,  assessment,  borro\\'ing 
money,  contracting  debts  and  loaning  their  credit,  ex- 
cept for  i^rocuring  supplies  of  water. 

Mr.  FITCH.  I  suggest  whether  it  would  not 
be  well  to  strike  out  this  exception — "  except 
for  procuring  supplies  of  water." 

Mr.  WARWICK.  It  is  the  experience  of  every 
town  and  county,  that  sometimes  public  debts 
are  necessary,  and  actually  requisite  for  the 
well-being,  and  for  the  carrying  on  of  such 
Governments.  It  is  sometimes  absolutely  nec- 
essary that  the  credit  of  the  town  or  city  should 
be  loaned. 

Mr.  FITCH.  Will  the  gentleman  alloM-  me 
to  interrupt  him.  This  section  does  not  pro- 
vide that  the  Legislature  shall  prohibit  these 
powers,  but  that  it  shall  restrict  them,  and  the 
words  which  I  propose  to  strike  out,  would  in- 
timate that,  in  tliat  respect,  cities  and  towns 
should  be  under  no  restriction. 

Mr.  CHAPIN.  I  hope  it  will  not  be  stricken 
out.  That  subject  was  very  thoroughly  dis- 
cussed in  the  former  Convention.  It  was  there 
considered  that  this  was  a  privilege  which 
should  be  accorded  to  every  town  in  the  State. 
Do  not,  for  heaven's  sake,  restrict  the  towns  in 
regard  to  procuring  supplies  of  water,  but  let 
the  section  remain  as  it  is. 

Mr.  KENNEDY.  There  is  one  objection 
which  I  have  not  heard  advanced  in  connection 
with  this  subject,  and  that  is,  how  can  you 
make  a  general  law  which  will  be  applicable 
in  cases  like  tbis?  For  instance  :  in  the  town 
of  Austin  a  much  larger  expenditure  of  money 
may  be  required  to  supply  the  town  with  water 
than  would  be  necessary  to  supply  other  towns, 
and  for  that  reason  I  think  we  cannot  make  a 
general  law  in  regard  to  this  matter.  It  is  an 
absolute  necessity  to  have  water,  and  if  a  town 
needs  it,  let  it  go  to  as  heavy  an  expenditure 
for  that  purpose  as  it  sees  fit. 

Mr.  EARL.  The  only  argument  in  favor  of 
the  exception  that  I  can  see,  is  this  :  that  if  a 
city  has  been  limited  to  an  expenditure  of  two 
or  "three  hundred  thousand  dollars,  and  if  the 
authorities  of  that  city  find  that  that  amount 
has  been  exhausted  in  endeavoring  to  procure 
supplies  of  water,  without  this  provision  they 
must  have  their  charter  amended  before  they 
can  have  the  right  to  exceed  that  amount  of 
expenditure.  I  do  not  know  but  it  would  bo 
as  well,  on  that  account,  to  leave  the  section  as 
it  is  now. 


166 


PACIFIC  RAILROAD. 


[5tli  day. 


Friday,] 


Frrcu— Proctor — Bakks — Nourse — Jounson. 


[July  8. 


Mr.  FITCH.  I  am  not  particular  about  the 
aiiu-ndmoiit.  I  un.lcrstaud  it  wa.s  loft  in  at  the 
J. articular  ri-qiu'.-^t  of  8i>nie  gentlemen  Mho  are 
eatrajjed  in  a  project  for  supplying  the  city  of 
Yirfrinia  with  water. 

Mr.  ClIAPIX.    No.  sir  ;  that  is  not  so. 

Mr.  FITCII.     Then  I  have  been  misinformed. 

The  question  was  taken  on  the  amendment 
projiosed  hy  -Mr.  Fitch,  and,  upon  a  division,  it 
was  not  ajireed  to~ayes,  V> ;  noes,  not  counted. 

No  further  amendment  being  olfered,  the 
sectiun  was  adopted. 

PACIFIC   RAILROAD. 

Section  9  was  read,  as  follows  : — 
Sec.  9.  The  State  shall  not  donate  or  loan  money  on  its 
credit,  subscribe  to  or  be  interested  in  the  stock  of  any 
company,  as.sooiatiou  ov  corporation,  except  corjiora- 
ti  >us  I'ormed  for  educational  or  charitable  purposes  ; 
ji  -./riWfi/,  that  the  State  may  issue  bonds  to  an  amount 
not  exii<-ding  three  miUiondollars,  on  such  terms  as  the 
I^-t,'isUiture  may  prescribe,  to  the  company  that  shall 
first  lomplite  a"  railroad  to  the  State  line  connecting 
this  Stiite  with  the  navigable  waters  of  California,  or 
■with  the  na^•igable  waters  of  the  Mississippi  Kiver  ; 
tut  no  law  to  issue  bonds  shall  be  effective,  unless  sauc- 
tn'Ued  by  a  vote  of  the  peoi)le. 

Mr.  rilOCTOR.  I  move  to  amend  the  sec- 
tion liy  striking  out  the  word  ''three "in  the 
pi'oviso  where  it  ocuurs  before  the  word  "mil- 
lion," and  inserting,  in  lieu  thereof,  the  w^ord 
'•  ten."' 

The  question  wa.s  taken,  and  the  amendment 
T>"as  not  agreed  to, 

Mr.  HANKS.  I  move  to  amend  by  striking 
out  the  word  "  three;, "'  and  inserting  the  word 
'  five;"  also  by  Inserting  after  the  word  "  bonds," 
the  words  •'  or  .secure  the  payment  of  principal 
anil  interest,  or  both  principal  and  interest  on 
bonds  so  issued."  I  have  also  a  further  amend- 
iiient  to  offer  to  the  section,  when  these  shall 
Lave  been  disposed  of. 

The  section  was  read  as  proposed  to  be 
anientled  l)y  Mr.  I'anks. 

Mr.  FITCII.  If  we  are  going  to  give  five 
niiliuus,  I  do  not  know  but  it  would  be  as 
T>ell  to  go  a  little  further.  I  move  to  amend 
I'V  striking  out  '•  five,"  and  inserting  "  twenty- 
five." 

Mr.  NOURSE.  That  is  it;  I  second  the 
amendment. 

The  (piestion  wivs  taken  on  Mr.  Fitch's 
BTnendmenl,  and  it  was  not  agreed  to. 

Mr.  JOHNSON.  Now,  Mr.  Chairman,  I  think 
this  is  getting  a  little  heavy,  [laughter]  and 
jKUiii'ularly  so.  when  we  consider  that  we  .shall 
ii.ue  to  go  before  the  jjeople  with  this  Consti- 
tution. 1  am  perfectly  content  to  go  belbre 
the  people,  and  say  that  we  have  given  the 
Legislature  ])ower  to  issue  bonds  to  the  extent 
of  three  millions  of  dollais,  to  aid  in  this  rail- 
T'^ad  enterprise.  I  am  (piite  willing  to  let  the 
Miction  stand  without  any  alteration  or  change. 
JJut  if  you  increase  the  amount,  I  am  oj)- 
jiosed  to  it.  Now,  sir,  three  millions  of  dol- 
lars is  a  large  sum  of  money — quite  as  large 
as  we  can  attbrd  to  contribute  to  this  enter- 
prise.    And,  in  my  judgment,  the  people  of 


this  State  in  prospective,  will  not  be  willing  to 
see  incorporated  into  their  Constitution,  not 
only  a  possibility,  but  indeed  the  probability,  of 
very  soon  having  added  to  the  indebtedness  of 
the  State,  an  amount  of  five  millions  of  dollars. 
I  believe  that  if  we  make  this  amendment,  it 
will  exercise  a  most  potent  influence  against  the 
adoption  of  our  Constitution.  Independently  of 
that  fact,  sir,  we  have  not  the  means  to  justify 
us  in  issuing  these  bonds.  We  shall  not  be 
able  to  pay  the  five  millions  of  dollars  when 
the  bonds  become  due,  nor  to  pay  the  interest 
upon  the  bonds,  and  support  a  State  Govern- 
ment at  the  same  time.  What  was  the  great 
objection  of  the  people  last  fall,  against  the 
adoption  of  a  State  Government  ?  It  was,  that 
we  could  not  then  support  a  State  Government. 
We  are  not  much  better  able  now,  than  we 
were  then.  This  is  a  matter  which  is  proposed 
to  be  left  to  the  people,  it  is  true,  and  the  peo- 
ple have  the  power  to  ratify  or  reject  it  here- 
after ;  but  the  amount  specified  'in  this  amend- 
ment would  induce  many  men  to  vote  against 
the  Constitution,  who  would  otherwise  vote  for 
it.  As  I  said  before,  I  am  willing  to  leave  the 
section  just  as  it  stands  in  the  old  Constitution, 
but  I  am  opposed  to  increasing  the  amount  a 
single  dollar. 

Mr.  FITCH.  Is  another  amendment  in  order 
at  the  present  time  ? 

The  CHAIRMAN.  It  is,  if  it  is  an  amend- 
ment to  the  amendment. 

Mr.  FITCH.  I  propose  to  amend  by  insert- 
ing after  the  word  •'  dollars,"  in  the  amendment 
now  under  consideration,  the  words,  '•  provided 
further,  that  no  bonds  shall  be  issued  bearing 
interest  for  a  greater  sum  than  ten  per  cent, 
per  annum. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  Fitch,  and  it  was  agreed  to. 

The  question  recurred  on  the  amendment  of- 
fered by  Mv.  Banks,  as  amended  on  the  motion 
of  Mr.  Fitch. 

Mr.  BANKS.  At  the  request  of  a  number  of 
gentlemen  who  are  interested  as  much  as  I  can 
be  in  the  construction  of  the  Pacific  Railroad, 
I  withdraw  so  much  of  my  amendment  as  pro- 
poses to  strike  out  •'  three  millions  of  dollars  " 
and  insert  "  five,"  leaving  that  portion  of  the 
section  as  it  stands  now. 

The  CHAIRMAN.  I  do  not  think  the  amend- 
ment can  be  withdrawn,  after  it  has  been 
amended. 

Sevkrai,  Member.s.    "Leave,  Leave!" 

The  CHAIRMAN.  If  there  is  no  objection, 
the  amendment  may  be  withdrawn.  The  Chair- 
man hears  no  objection,  and  the  amendment  is 
withdrawn. 

Mr.  B.\NKS.  The  reason  I  have  for  propos- 
ing to  insert  th(>  other  words  contained  in  my 
ainendnuMit  is  just  this  :  I  desire  that  the  power 
shall  exist  in  the  Legislalure  to  jjrovide  for  the 
payment  of  the  interest  upon  the  bonds  of  the 
comi)any,  instead  of  having  bonds  issued  di- 
rectly by  the  State.  That  is  a  policy. in  the  en- 
couragemciiit   of    railroad   enterprises    of    this 


Sth  day.] 


PACIFIC  RAILROAD. 


167 


Friday,]        Lockwood — Johnson^Fitch — Warwick — Nourse — Brosnan— Collins.        [July  8. 


kind,  which  I  think  is  ftilly  as  good  as,  if  not 
better,  than  that  of  the  issuing  of  bonds  direct- 
ly by  the  State,  and  I  want  to  leave  the  Legis- 
lature discretionary  power  in  that  matter.  The 
proviso  will  then  read  : — 

"  Provided,  That  the  State  may  issue  bonds  or  secure 
the  payment  of  the  principal  or  interest,  or  both  prin- 
cipal and  interest  of  bonds  to  an  amount  not  exceeding 
three  millions  of  dollars  ;  provided,  further,  that  no 
bonds  shall  be  issued  bearing  interest  for  a  greater  sum 
than  ten  per  cent,  per  annum,  on  such  terms" — etc. 

— I  will  suggest,  however,  that  this  latter  jjro- 
viso  ought  to  be  made  a  separate  section. 

Mr.  LOCKWOOD.  I  propose,  as  an  amend- 
ment to  this  section,  to  strike  out  all  after  the 
words  "  charitable  purposes,"  so  that  the  sec- 
tion will  read  as  follows  : — 

Sec.  9.  The  State  shall  not  donate  or  loan  money  or 
its  credit,  subscribe  to  or  be  interested  in  the  stock  of 
any  company,  association,  or  corporation,  except  cor- 
porations formed  for  educational  or  charitable  pur- 
poses. 

Mr.  JOHNSON.  I  think  that  amendment  is 
not  in  order  just  at  present,  as  there  is  an 
amendment  to  an  amendment  already  pending. 

Mr.  FITCH.  I  will  suggest  that  my  amend- 
ment, already  adopted,  will  read  better  if  in- 
serted immediately  after  the  words  "  navigable 
waters  of  the  Mississippi  River." 

The  CHAIRMAN.  The  Secretary  will  read 
the  section  as  it  will  then  stand. 

The  SECRETARY  read  the  section,  as  pro- 
posed to  be  amended  by  Mr.  Fitch. 

Mr.  FITCH.  I  perceive  a  still  further  diffi- 
culty with  that  sentence,  as  it  applies  only  to 
the  issuing  of  the  bonds,  and  not  to  the  security 
upon  the  bonds.  If  the  Convention  will  per- 
mit me,  I  will  withdraw  it. 

No  objection  being  made,  the  amendment  was 
withdrawn. 

Mr.  FITCH.  Now  I  move  to  add,  after  the 
words  "  three  millions,"  the  words  ''  at  a  rate 
of  interest  not  exceeding  ten  per  cent,  per  an- 
num." 

The  question  was  taken  upon  Mr.  Fitch's 
amendment,  and  upon  a  division  it  was  agreed 
to — ayes,  18  ;  noes  not  counted. 

The  question  recurred  on  the  amendment 
proposed  by  Mr.  Banks. 

Mr.  JOHNSON.  Now  I  propose  a  further 
amendment,  which  is,  to  strike  out  the  word 
"  ten,"  in  the  amendment  just  adopted,  and  in- 
sert the  word  "  seven,"  so  as  to  read — ''  at  a 
rate  of  interest  not  exceeding  seven  per  cent. 
per  annum." 

Now,  sir,  I  do  not  propose  to  go  before  the 
people  of  this  Territory  with  a  Constitution 
which  provides,  if  we  become  a  State,  for 
paying  ten  per  cent,  interest  on  our  State  secu- 
rities. That  is  a  rate  of  interest  far  beyond  any 
which  can  be  found  established  by  any  State  of 
this  Union,  and  I  think  the  rate  I  propose  is 
quite  enough.  At  seven  per  cent,  per  annum, 
if  the  credit  of  the  State  is  to  be  established 
upon  a  just  basis,  there  can  be  no  question 
but  that  the  bonds  of  the  State  will  be  as  good 
as  any  railroad  bonds  in  the  market ;   and  to 


issue  bonds  bearing  the  rate  of  ten  per  cent, 
would  only  operate  to  the  injury  of  our  credit. 

Mr.  FITCH.  I  will  say,  that  I  shall  be  en- 
tirely satisfied  with  that  rate  of  interest.  I 
think  seven  per  cent,  is  enough. 

Mr.  WARWICK.  I  desire  to  ask  if  the  gen- 
tleman from  Ormsby  is  aware  of  the  present 
rate  of  interest  paid  by  the  General  Govern- 
ment? 

Mr.  JOHNSON.  I  believe  it  is  less  than  sev- 
en per  cent. 

Mr.  NOURSE.  It  is  seven  and  three-tenths 
per  cent.,  I  believe. 

Mr.  WARWICK.  Is  there  not  some  portion 
of  the  government  loan  on  which  ten  per  cent, 
is  paid  ?    That  is  my  impression. 

The  question  was  taken  on  the  amendment  of 
Mr.  Johnson,  and  it  was  agreed  to. 

The  question  was  next  taken  upon  Mr. 
Banks's  amendment,  and  it  was  agreed  to. 

Mr.  BROSNAN.  I  move  to  amend  the  sec- 
tion by  adding  the  following  : — ■ 

"Provided,  further,  that  the  amount  of  money  ao 
raised,  if  raised  on  State  bonds,  shall  be  expended  up- 
on such  railroad  within  the  boundaries  of  the  State." 

Mr.  FITCH.  I  am  opposed  to  that  amend- 
ment, because  I  consider  it  to  a  certain  extent 
impracticable.  For  instance  :  if  the  Legisla- 
ture enacts  that  such  bonds,  to  the  amount  of 
a  million  or  more,  shall  be  given  to  the  railroad 
first  reaching  the  State  line,  then  under  due  pro- 
cess of  law  those  bonds  are  issued,  and  although 
of  course  the  railroad  company  cannot  expend 
them  until  they  get  them,  yet  after  they  are  is- 
sued the  State  has  practically  no  control  over 
the  direction  the  money  shall  take,  as  to  wheth- 
er it  shall  be  expended  within  or  without  the 
State. 

Mr.  COLLINS.  I  would  like  to  inquire  the 
reasons  for  the  amendment  proposed  by  my 
colleague  ? 

Mr.  BROSNAN.  My  reason  is,  that  the 
money  could  then  be  expended  in  doing  some 
of  the  work  within  the  State,  and  not  to  do  it 
all  within  the  limits  of  another  State  or  Terri- 
tory.    That  is  the  only  reason. 

Mr.  WARWICK.  I  sincerely  hope  that  this 
proviso  will  not  be  adopted.  The  main  object 
of  this  Territory  or  State  is,  or  should  be,  to 
secure  a  connection  with  navigable  water.  It 
is  well  known  that  we  are  now  paying  out 
millions  and  millions  of  dollars  for  freights, 
and  it  is  exceedingly  desirable  that  we  should 
have,  as  early  as  possible,  some  means  of  com- 
municating with  navigable  water.  The  propo- 
sition made  here,  is  for  the  encouragement  of 
the  building  of  a  road  for  our  own  benefit,  and 
we  offer  this  as  a  bounty  to  the  railroad  com- 
pany, for  that  end.  1  contend  that  we  are  just  as 
much  benefited  by  the  road  reaching  our  doors, 
if  the  greater  part  of  the  expenditure  for  the 
improvements  are  made  in  another  State,  as  we 
should  be  if  the  whole  of  the  three  millions 
were  expended  within  our  own  borders.  The 
benefit  derived  will  still  be  commensurate  with 
the    amount  expended,  wherever  it  may  be 


168 


PACIFIC  RAILROAD. 


[5th  day. 


Friday.] 


Hawley — Fitch — Nourse. 


[July  8. 


necessary  to  expend  it  upon  the  road,  and  I 
tiinoeivlv  hope,  therefore,  that  this  amendment 
may  not  be  incorporated  into  the  section,  but 
that  this  boiuitv  will  be  granted  to  any  line 
wliich  will  lirst  connect  this  State  Mith  naviga- 
ble waters,  without  specifying  whether  it  shall 
be  expended  within  our  own  borders  or  in 
reaciiiiig  our  borders.  The  requirement  is, 
that  the  road  should  connect  us  with  navigable 
waters,  and  for  that  jjurpose  alone,  the  people 
of  the  .State  are  authorized  to  make  such  a  loan. 

It  is  well  known,  Mr.  Ciiairman,  that  we 
are  paying  luit  enormous  sums,  annually,  for 
freiglit.s.  We  carry  on  an  immense  Ijusiness 
with  the  other  side  of  the  mountains,  and  that 
business  is  increasing  every  year,  causing  im- 
men.«e  outlays  for  the  building  of  roads,  and 
for  freights.  '  The  nnuiey  which  we  shall  pay 
for  freights  withhi  the  next  two  or  three  years, 
would,  of  itself,  be  suthcieut  to  pay  this  loan 
ten  times  over.  And.  in  addition  to  that,  by 
.securing  the  construction  of  this  road,  we  shall 
be  developing  our  State,  to  an  unexampled 
extent.  1  do  not  know  but  it  would  be  worth 
twice  or  three  times  the  amount  proposed  here, 
if  the  railroad  cpuld  be  made  to  reach  the  far- 
off  County  of  Lander,  so  as  to  connect  that 
region  with  navigable  waters.  It  is  well  known 
that  we  have  fabulously  rich  mines  in  that  coun- 
ty, many  of  which  are  still  undeveloped ;  but 
they  will  be  opened  very  speedily  when  we 
once  olitain  facilities  for  communication,  such 
as  u  r.iilroad  would  gi^•e  us.  Why,  sir,  if  the 
railroad  were  once  completed  to  Lander 
County,  there  are  thousands  of  tons  of  rock 
now  lying  there,  regarded  as  worthless,  which 
would  make  their  owners  millionaires.  It  is 
for  tiiese  reasons  that  we  propose  to  offer  this 
bounty,  and  I  sincerely  hope  that  no  selfish 
project  for  ruining  the  value  of  this  loan,  by 
attempting  to  .secure  its  expenditure  withiii 
our  own  borders,  will  be  allowed  to  prevent 
the  completion  of  this  grand  railroad. 

The  (juestion  was  taken  on  Mr.  Brosnan's 
amt'iidnicnt,  and  it  was  not  agreed  to. 

.'.Ir.  IIAWLKV.  I  have  been  absent  a  few 
hours,  and  have  not  had  an  oijjjortunity  to  con- 
verse witli  gentlemen  upon  this  question  ;  but 
the  idcii  lias  suggested  it.«elf  to  my  mind,  that 
it  is  an  invarialde  rule  thiit  when  an  article  of 
this  sort  is  incorporated  into  a  State  Constitu- 
tion, it  slinulil  prescribe  the  manner  in  which 
tli<-  interest  shall  ])e  paid.  If  I  am  mistaken 
on  that  jioint.  I  should  like  to  be  corrected; 
but  I  tliink  tli(!  Legislature  should  l)e  author- 
iz<'d  to  issue  bonds,  with  proper  coupons  at- 
tached. 

Mr.  FITPir.  The  section  provides  that  the 
bonds  shall  be  issued  "  ui)on  such  terms  as  the 
J^egislature  may  prescribe."  and  the  Legisla- 
ture can  attend  to  those  matters  of  detail. 

Mr.  NOL'liSL.  I  understantl  the  question  to 
l)e  now  on  the  adojjtion  of  tiie  section  as 
amemied.  If  that  is  the  ca.se.  I  move  to  strike 
out  all  after  the  word  "  incorporation,"'  so  that 
the  section  would  read  na  follows  : — 


Sec.  9.  The  State  shall  not  donate  or  loan  money 
or  its  credit,  subscribe  to  or  be  interested  in  any  stock 
of  any  company,  association  or  corporation. 

I  suppose  I  shall  be  in  the  minority  on  this 
subject,  but  I  am  used  to  that.  [Laughter.] 
Nevertheless.  I  wish  to  say  that  I  think  I  ha^e 
had  experience,  which  perhaps  not  all  the 
members  of  the  Convention  have  had,  and  op- 
portunities of  seeing  the  working  of  these 
things.  I  propose  to  state  to  the  Convention, 
in  about  two  minutes,  the  result  of  my  experi- 
ence and  observation.  I  do  not  make  any 
charge  for  it.  [Merriment]  I  am  as  desirous 
as  any  member  of  having  the  Pacific  Railroad 
built,  and  indeed,  it  would  be  very  singular  if 
any  man  living  in  Nevada  Territory  could  be 
found  who  was  opposed  to  having  a  railroad 
built  to  cross  our  mountains  and  reach  our 
mines  here.  I  suppose  nothing  could  be  more 
desirable  than  that  for  this  community  ;  and  if 
I  supposed  this  proviso  would  help  the  road  at 
all,  or,  at  all  events,  to  a  degree  bearing  any- 
fair  proportion  to  the  amount  of  debt  which  it 
provides  for  incurring,  I  would  most  certainly 
be  in  favor  of  the  section  as  it  stands.  But  I 
wish  to  strike  out  all  that  latter  portion  of  the 
section,  because  I  believe,  and  I  tell  yon,  Mr. 
Chairman,  that  you  will  hereafter  find  it  to  be 
true,  that  instead  of  hastening  the  road  by  this 
means,  we  shall  be  putting  it  back.  That  may 
not  seem  to  be  a  sensible  conclusion,  but  I  will 
tell  you  how  such  a  provision  will  work.  In 
Minnesota,  I  was  one  of  a  minority  of  sixty-six, 
when  there  were  twelve  hundred  votes  against 
us,  opposed  to  granting  aid  of  this  sort  for  a 
railroad  in  that  State.  For  the  want  of  such  a 
railroad  our  business  there  was  prostrated,  and 
this  railroad  was  expected  to  build  it  up.  The 
railroad  was  to  run  through  some  of  the  finest 
lands  in  the  world,  and  it  had  liberal  grants 
from  Congress,  consisting  of  alternate  sec- 
tions of  land  for  a  breadth  of  six  miles,  for 
the  whole  length  of  the  road,  to  begin  with,  and 
the  route  was  one  over  which  it  was  easy  to 
construct  a  road.  We  were  all  impatient.  We 
must  have  a  railroad  ;  and  as  we  thought  we 
could  not  wait  until  it  could  be  built  in  the 
natural  course  of  things,  by  the  develop- 
ment of  the  industry  and  the  resources  of 
the  country  through  which  it  was  to  pass, 
we  were  called  upon  to  aid  it.  We  were 
asked  to  give  our  credit  to  the  extent  of 
five  millions  of  dollars  to  this  and  other 
railroad  enterjirises  in  the  State.  Well,  we 
went  through  that  operation,  and  voted  to 
issue  the  bonds,  and  the  result  was  that,  at  the 
end  of  only  one  year  from  that  time,  instead  of 
i)arely  sixty-six,  who  originally  voted  against 
the  proposition,  you  could  not  have  found,  if 
the  question  could  possibly  have  been  submitted 
again,  six  men  in  the  State  who  would  have 
voted  for  it.  Now,  how  does  it  work?  Thia 
railroad,  which  we  are  asked  to  aid,  has  secured, 
in  the  first  place,  most  magnificent  grants  from 
the  General  Government.  It  is  abundantly 
aided  by  the  Government— so  abundantly  that, 


5th  day.] 


PACIFIC  RAILROAD. 


169 


Friday,] 


NOCRSE, 


[July  8. 


if  there  is  any  good  faith  about  its  manage- 
ment, I  believe  it  will  be  built  very  speedily, 
provided  you  will  only  let  it  alone.  It  can  and 
will  be  built  reasonably  fast,  if  there  is  nothing 
to  be  gained  by  delay.  We  cannot  get  it  here 
in  a  minute,  do  what  we  will, but  it  will  be  built 
as  fast  as  it  is  possible  to  build  it,  if  it  is  not 
interfered  with.  But  you  leave  this  clause  in 
your  Constitution,  giving  the  railroad  another 
chance  for  securing  help  from  the  public,  and 
you  find  the  managers  hanging  back,  and  hang- 
ing back  continually,  until  they  get  their  hands 
upon  that  three  millions  of  dollars.  If  you  shut 
down  on  that,  if  you  make  them  understand 
that  the  State  cannot  give  or  will  not  give  a 
cent,  knowing  that  they  have  sucked  the  Fede- 
ral Government  dry,  and  have  got  all  the  help 
that  they  can  expect  to  receive  from  the  State 
of  California,  they  will  be  ready  to  push  on  and 
try  to  make  the  road,  and  will  expect,  as  good 
managers,  to  make  it  a  paying  road.  They  will 
display  whatever  energy  they  possess,  and  they 
will  undoubtedly  get  it  through  in  some  way. 
They  have  enough  means  already  to  put  it 
through  in  a  reasonable  time,  but  they  are  like 
other  men,  and  if  they  can  see  a  chance  of 
getting  anything  more  they  will  try  to  get  it.  If, 
in  addition  to  the  magnificent  United  States 
grants,  and  the  help  they  have  already  received 
from  California,  they  obtain  the  three  millions 
which  they  are  endeavoring  to  get  from  Neva- 
da, they  will  be  able  to  build  this  road  without 
the  cost  cf  one  dime  out  of  their  own  pockets, 
or  a  liability  of  one  dollar  upon  the  road  itself 
Of  course  they  will  do  that  if  they  can,  and 
if  you  sanction  tbisproject  of  agrant  tothem  by 
the  Legislature,  or  a  loan  of  the  credit  of  the 
State,  you  in  effect  hold  out  an  inducement  for 
them — to  do  what?  To  hurry  up  the  road'.' 
No  ;  but  to  hang  back,  and  keep  hanging  back, 
until  they  can  grab  that  three  millions  of  dol- 
lars. Now  I  assure  you  that  that  was  just  the 
result  in  the  State  of  Minnesota.  Tbey  went 
on  l)uilding  and  grading  the  road,  and  appa- 
rently putting  forth  great  efforts,  as  long  as 
they  could  get  Ijonds  issued  to  them,  and  when 
they  had  got  all  they  could,  then  the  thing  col- 
lapsed ;  and  now  tbe  State  of  Minnesota  is 
saddled  with  the  load  of  two  and  a  half  mill- 
ions of  those  bonds,  upon  which  not  a  cent  of 
interest  has  ever  been  paid.  The  State  has 
struggled  along  under  this  burden  until  she 
stands  at  last  in  a  position  where  she  must  ei- 
ther repudiate  those  bonds  outright,  or  she 
must  pay  them.  And  the  brokers  are  .^o  confident 
that  she  will  have  to  pay  them  eventually,  thai 
they  are  now  paying  from  2(J  to  30,  and  even,  in 
some  cases,  40  cents  on  the  dollar  for  the  bonds. 
Now  sir,  for  my  part,  I  do  not  believe 
that  this  system  of  State  loans  is  a  good  sys- 
tem anywhere.  Let  us  look  at  the  history  of 
other  States,  and  I  ask,  should  we  not  learn 
something,  gentlemen,  from  the  experience  of 
other  States?  If  you  look  through  the  history 
of  about  every  State  in  this  Union,  you  will 
find  that  that  system  has  proven  to  be  most  in- 


jurious. Take  New  York,  if  you  will ;  a  State 
which  has  derived  more  benefit  from  internal 
improvements  than  any  other,  and  has  been 
more  liberal,  perhaps,  than  any  other  in  grant- 
ing State  aid.  But  what  do  we  find  ?  That 
the  Erie  Railroad,  which  was  so  munificently 
aided  by  that  State,  had  at  last  to  be  built  by 
private  enterprise.  As  long  as  it  was  the  child 
of  public  patronage,  living  upon  public  plun- 
der, it  hung  fire,  and  never  did  get  through 
until  all  hope  of  further  State  aid  had  been  ex- 
hausted. Then,  and  not  till  then,  it  was  put 
through  by  private  means,  and  became  a  good 
paying  investment.  So  it  has  been  in  every 
other  State.  The  system  of  State  loans  to  in- 
ternal improvements  has  in  every  State  proved 
a  disastrous  failure,  and  in  every  State  where 
it  has  been  adopted,  the  load  of  debt  has  been 
saddled  at  last  upon  the  State.  That  has  been 
the  experience  of  New  York,  of  Pennsylvania, 
of  Missouri,  and  of  many  other  States  which  I 
might  name.  Look  at  the  enormous  debt  with 
which  some  of  those  States  have  beeen  saddled 
for  .the  building  of  railroads  which  have  never 
been  built,  and  some  of  which  very  likely  never 
will  be  built.  Now,  shall  we,  with  all  this  ex- 
perience before  us,  when  the  cry  against  our 
State  organization  is  "  poverty,  poverty,  pov- 
erty !"  when  the  people  say  "  we  cannot  possi- 
bly afford  to  run  a  State  Government,"  adopt 
this  same  ruinous  policy? 

If  we  cannot  pay  for  the  running  ex- 
penses of  a  State  Government,  what  is  going 
to  be  the  value  of  our  guarantee  to  pay  the 
inti  rest  on  these  bonds,  the  interest  alone  on 
which  will  amount  to  two  or  three  hundred 
thousand  dollars  a  year  ?  How  much  is  such 
an  indorsement  worth  ?  It  is  ruinous  to  us, 
because  it  plunges  us  hopelessly  into  debt,  and 
it  does  not  help  the  parties  to  whom  we  give 
such  a  guarantee.  It  is  entirely  useless  to 
them — a  mere  mockery.  AVhile  we  are  plung- 
ing ourselves  into  debt,  we  are  not  helping  any- 
body. Now,  will  not  gentlemen  pause  before 
they  assume  so  grave  a  responsibility?  Cir- 
cumstances are  very  difl"erent  now  from  what 
they  were  when  this  section  was  passed  by  the 
other  Convention.  Our  ability  to  pay  is  cer- 
tainly smaller  at  the  present  time  than  it  was 
then.  What  will  be  the  value  of  our  scrip  or 
of  our  bonds,  which  we  shall  be  obliged  to 
issue  for  the  necessary  expenses  of  the  Gov- 
ernment, if  we  also  guarantee  the  payment  of 
this  enormous  amount  of  interest,  to  the  tune 
of  two  or  three  hundred  thousand  dollars  a 
year,  which  we  are  to  pay  for  the  benefit  of 
this  already  rich  corporation,  in  addition  to 
the  two  or  three  hundred  thousand  dollars 
which  we  shall  have  to  pay  for  our  running  ex- 
penses? It  is  well  enough  to  be  generou.s,  and 
far-seeing,  and  not  niggardly,  but  certainly  I 
think  we  ought  to  take  care  to  cut  our  gar- 
ments according  to  our  cloth.  We  certainly 
have  not  the  means  to  pay  this  enormous 
amount  of  interest ;  then  why  should  we  go 
through  the  farce  of  guaranteeing  it  ? 


170 


PACIFIC   RAILROAD. 


[5th  day. 


Friday.] 


Fitch — Nocrse — Stcrtetant — Chapix. 


[July  8. 


I  do  not  know  as  I  shall  have  on  this  ques- 
tion a  single  vote  to  help  me,  but  I  could  not 
refrain  from  giving  the  results  and  coneliisions 
which  a  little  experience  has  impressed  upon 
my  mind.  And  1  do  not  see  why  we  should 
take  stock  even  in  corporations  fur  educational 
or  charilalile  purposes.  Anytliing  we  have  to 
do  in  that  line  we  can  better  do  for  ourselves. 
without  taking  part  in  somebody  else's  enter- 
prises. There  is  no  saying  better  or  wiser  than 
this,  tiiat  that  governm.'nt  is  bust  which  gov- 
erns ieust ;  and  when  we  come  to  taking  stock 
in  corpurations  of  any  kind.  I  think  we  go  far 
beyond  the  proper  sphi  re  of  government. 

Mr.  FITCH.  I  admire  the  ingenuity  with 
which  the  gentleman  from  Washoe  has  argued 
his  side  of  the  question,  but  it  occurs  to  me, 
eir.  although  I  may  periiaps  in  that  do  the  gen- 
tleman injustice,  that  there  may  be  other  rea- 
sons underlying  his  opposition.  Now,  sir,  if  I 
were  so  fortunate  as  to  represent  the  county  of 
Washoe,  1  might  jierhaps  be  opposed  to  grant- 
ing aid  to  this  road,  or  to  any  other  road  de- 
signed to  connect  this  State  with  the  naviga- 
ble waters  of  the  Pacific  Ocean,  or  the  navi- 
gable water.s  of  the  Mississippi  River.  For, 
however  important  such  a  road  may  be  to  the 
rest  of  the  community,  it  is  well  known  that 
the  county  of  Washoe  has  grown  rich,  and  is 
to-day  roUiug  in  wealth,  on  account  of  the 
neces.-.ities  of  Storey  County.  Our  miners  in 
Storey  County  are  developing  mines  of  enor- 
mous wealth,  of  extraordinary  richness,  Init 
the  high  prices  of  freight  which  they  are  com- 
pelled to  pay,  and  the  high  prices  of  all  the 
necessaries  of  life  wliich  are  an  inevitalde  conse- 
quence, have  resulted  hitlierto  in  preventing  all 
but  a  very  small  proportion  of  that  wealth  from 
remaining  in  Storey  County.  Now,  thei^e  high 
prices  of  freight  would  l)e  obviated  by  a  rail- 
road across  the  mountains.  But  we  have  no 
railroad,  and  the  consequence  is  that  the  pro- 
duce of  Washoe  County  has  sold  and  is  selling 
at  enormous  prices,  and  Washoe  to-day  is  rich, 
while  the  county  of  Storey,  which  produces 
more  wealth  than  all  the  rest  of  the  Territory 
togi'lher.  is  poor. 

Mr.  NOIIISK.  Will  the  gentleman  from 
Storey  allow  me  to  interrupt  him?  I  wish  to 
say  merely  that  I  am  .sorry  such  a  motive  as 
that  suggested  liy  tlie  gentleman  could  have 
bee. I  atiriljuled  to  me.  No  thought  ever  en- 
t«'red  my  mind  in  n-gard  to  the  effect  upon 
Wu.shoe  County.  My  own  view  of  the  matter 
is  this — that  Storey  ('duiity  is  this  Territory. 
Without  Virginia  there  could  be  no  Wa>hoe 
and  no  Carson,  and  iis  \'irginia  pio.'ipers  so  do 
we  pro>pi  r.  No  such  idea  as  that  which  the 
geiiiliiii:iM  suggests  ever  crossed  my  mind. 

Mr.  I'"IT(3H.  I  am  glad  that  the  gentleman 
bos  liiiil  no  such  idea,  but  nevi  rtheless,  it  is  a 
fact  that,  while  we  find  Washoe  rich  ami  her 
representative.s  clad  in  purple  and  line  liuen, 
driving  lilood  horses,  and  drinking  champagne 
cocktails,  on  the  other  liand,  we  find  the  re- 
presentativea  of  Storey  County  in  a  .st^te  of 


impccuniosity.  [Merriment.]  Now,  I  do  not 
want  a  blow  struck  against  AVashoe  County, 
lint  I  want  to  see  some  portion  of  the  wealth 
of  Storey  County  allowed  to  remain  at  home. 
I  would  like  to  see  the  miners  of  Storey 
County  reaping  some  portion  of  the  rewards  of 
their  toil ;  and  not  only  the  miners  in  Storey, 
but  in  some  other  portions  of  the  Territory, 
in  regard  to  which  it  is  not  necessary  for  me  to 
speak  at  length.  We  all  know  that  if  we  had 
railroads  we  should  not  only  be  enabled,  by  the 
reduction  of  the  enormous  tariff  of  freights  and 
the  high  cost  of  food,  to  get  the  necessaries  of 
life  at  a  low  figure,  but  also  to  send  a  larger 
amount  of  our  ores  to  points  where  water 
power,  fuel  and  labor  are  comparatively  abun- 
dant and  cheap,  and  thus  we  should  vastly  in- 
crease the  wealth  of  the  Territory.  I  honestly 
believe  that  if  the  whole  three  millions  of  dol- 
lars here  provided  for  were  issued,  the  first 
year  after  the  railroad  .should  be  completed  it 
would  save  three  times  that  amount  to  the  peo- 
ple of  Nevada  in  the  matter  of  freight  alone, 
to  say  nothing  of  numerous  other  important 
advantages. 

Now,  as  to  the  assertion  that  State  aid  will 
not  build  the  railroad,  I  can  only  say  that  the 
Pacific  Railroad  is  now  in  process  of  construc- 
tion from  Sacramento  in  two  ditt'erent  directions, 
and  is  making  very  considerable  progress ;  but 
the  managers  are  impeded  in  their  progress  by 
a  lack  of  money,  and  by  the  indisposition  of 
capitalists  to  invest  in  the  enterprise,  because 
it  does  not  promise  immediate  returns.  Now, 
if  we  authorise  our  Legislature  to  provide  for 
offering  a  bounty  for  the  first  road  which  shall 
cross  the  mountains  to  our  boundary,  it  is  not 
to  be  supposed  that  they  will  necessarily  go  to 
the  full  extent  of  the  three  millions  of  dollars, 
i)ut  they  may  fix  it  at  one  million,  or  two  mil- 
lions, or  any  other  sum  they  please.  The  re- 
sult of  that  will  be,  that  the  most  desperate 
efforts  will  be  made  by  the  rival  roads,  to  get 
to  the  State  line  first,  and  probably  the  build- 
ing of  th(;  road  would  be  expedited  in  that 
way  as  much  as  twelve  months,  or  six  months, 
at  the  very  least.  I  believe  it  would  hastea 
the;  completion  of  the  road  a  fnll  year;  and  by 
having  the  road  here  one  year  sooner  than  it 
would  otherwise  come,  we  should  save  three 
times  the  amount  it  would  cost  us.  But  I  will 
not  dilate  on  this  subj>ct  at  great  length,  lest 
members  should  wish  me  to  die  ca'ly. 

Mr.  STUliTEVANT.  I  desire  to  ask  a  ques- 
tion of  the  gentleman  from  Sto:-ey.  If  we  will 
go  for  this  railroad  provi.so,  will  the  gentleman 
coincide  with  the  views  of  the  Washoe  delega- 
tion in  relation  to  Article  X? 

Mr.  FITCH.  I  think  when  that  article  comes 
up,  the  gentleman  from  Storey  will  be  found 
not  very  far  from  the  Washoe  delegation. 

Mr.  CHAl'IN.  It  seems  to  me  that  the  gen- 
tb-man  from  Washoe  (Mr.  Nourse)  has  entirely 
overlooked  the  careful  provisions  made  in  this 
section.  This  donation  cannot  be  made  until 
the  road  shall  have  reached  the  line  of  the 


[5tli  day 


PACIFIC  RAILROAD. 


171 


Friday,] 


LOCKWOOD — NOURSE — Haavxet. 


[July  8. 


State,  and  I  cannot  see  the  philosophy  of  the 
argument  of  the  gentleman,  when  he  states 
that  there  is  every  inducement  for  the  man- 
agers of  the  road  to  hold  back,  and  not  prose- 
cute the  work  until  this  grant  is  made.  Why, 
sir,  it  seems  to  me  there  is  every  inducement 
for  them  to  hurry  up,  and  put  the  road  through 
rapidly,  so  that  by  reaching  the  line  they  may 
secure  this  bounty.  I  think,  when  it  reaches 
that  State  line,  we  shall  be  in  such  a  condition 
that  we  can  well  aflbrd  to  grant  these  three 
millions  of  dollars  ;  and  we  could  well  afford 
to  give  even  five  millions,  to  secure  that  olyect, 
and  still  save  money  by  it.  We  should  be  the 
gainers,  by  hastening  the  road  one  year,  upon 
transportation  alone.  1  had  thought  that  there 
was  every  possible  inducement  for  them  to  put 
forth  all  possible  speed  in  order  to  secure  this 
grant ;  and,  certainly,  the  amount  which  the 
State  would  save  in  a  single  year,  will  more 
than  twice  cover  the  cost. 

Mr.  LOCKWOOD.  I  desire  to  offer  an 
amendment  to  the  amendment  offered  by  Mr. 
Nourse,  and  it  is  one  which  strikes  me  as  being 
highly  proper. 

The  CHAIRMAN.  It  will  not  be  in  order 
until  the  amendment  proposed  by  the  gentle- 
man from  Humboldt  (Mr.  Banks)  shall  have 
been  disposed  of. 

Mr.  NOURSE.  I  think  the  Chair  is  in  error. 
I  think  the  amendment  offered  by  the  gentle- 
man from  Humboldt  was  adopted. 

The  CHAIRMAN.  The  Chair  stands  cor- 
rected ;  the  amendment  will  be  in  order. 

Mr.  LOCKWOOD.  I  move  to  amend,  by 
striking  out  all  after  the  words  "  charitable 
purposes."  The  difference  between  this  amend- 
ment and  that  offered  by  the  gentleman  from 
Washoe  is,  that  my  amendment  leaves  in  the 
words,  "  except  corporations  formed  for  educa- 
tional or  charitable  purposes."  It  still  strikes 
out  all  of  the  proviso.  Now,  it  is  well  known 
that  provision  has  been  made  by  act  of  Con- 
gress for  donating  to  this  State,  when  it  shall  be- 
come a  State,  certain  lands,  for  the  establish- 
ment of  a  State  Seminary.  If  we  inaugurate 
a  State  Government,  the  State  will  be  inter- 
ested in  that  matter ;  and  I  do  not  believe  we 
ought  to  cut  the  State  Government  off  from 
the  privilege  of  taking  an  interest  in  a  corpo- 
ration of  that  kind. 

Now,  gentlemen  have  talked  here  very  flip- 
pantly and  lightly  about  this  amount  of  three 
millions  of  doHars.  lu  the  commencement,  how- 
ever, let  me  disclaim  any  motive  of  hostility  to 
the  Pacific  Railroad.  I  think  we  are  all  in  favor 
of  that  enterprise  ;  but  for  one,  while  I  would 
like  to  be  possessed  of  property,  still  I  do  not 
believe  in  the  propriety  of  robbing  somebody 
else  in  order  to  obtain  it.  The  taxable  prop- 
ety  of  this  Territory  amounts,  at  the  present 
time,  to  about  twenty-five  and  a  half  millions 
of  dollars,  and  there  was  paid  into  the  Terri- 
torial treasury  last  year  about  ninety  thousand 
dollars  for  taxes.  I  am  referring  now  to  facts 
and  figures.     The  interest  on  this  three  mil- 


lions of  dollars,  at  seven  per  cent,  per  annum, 
is  two  hundred  and  ten  thousand  dollars  a 
year,  or  about  three  times  as  much  as  we  re- 
ceived for  taxes  last  year.  Now,  Mr.  Chairman, 
a  proposition  of  this  kind,  under  such  a  state  of 
affairs,  reminds  me  of  an  anecdote  which  is  re- 
lated of  a  gentleman  in  my  county  who,  it  was 
well  known,  did  not  own  property  to  the  value 
of  a  cent,  in  the  world,  but  who,  one  day, 
supposing  himself  to  be  in  the  last  stages  of 
his  existence,  sent  for  a  lawyer  and  requested 
him  to  draw  up  his  will.  The  lawyer  went  on, 
and  the  man  proceeded  to  bequeath  a  hundred 
thousand  dollars  to  this  charitable  institution, 
another  hundred  thousand  dollars  to  that  char- 
itable institution,  a  like  sum  to  another,  and  so 
on  ;  and  upon  the  attorney  asking  him  where 
the  money  was  to  come  from  to  pay  these  mu- 
nificent bequests,  he  replied,  that  it  was  no 
matter  about  that,  he  only  wanted  to  show  his 
good  will. 

I  do  not  believe  that  this  grant  of  three  mil- 
lions of  dollars  would  bring  the  railroad  one 
month  sooner  into  our  State  than  it  would 
otherwise  come.  I  do  not  believe  that  the  peo- 
ple now  inhabiting  this  Territory  are  able,  iu 
addition  to  the  expense  of  s  ipporting  a  State 
Government,  to  pay  the  interest  on  those  three 
millions  of  dollars.  These  are  facts — stern, 
stubborn  facts — and  they  will  stare  the  people 
in  the  face  when  they  come  to  vote  upon  the 
adoption  of  the  Constitution  we  are  framing. 
Do  gentlemen  believe  that  this  railroad,  which 
is  to  cost  a  hundred  millions  of  dollars,  is 
going  to  be  expedited  in  its  onward  course  by 
a  paltry  grant  like  this,  or  that  it  is  going  to 
be  retarded  for  the  want  of  three  millions  in 
bimds  of  the  poor  little  State  of  Nevada?  I 
am  utterly  opposed  to  doing  anything  of  the 
sort,  and  shall  certainly  vote  against  it.  I 
hope  that  some  gentleman  who  is  advocating 
the  issuing  of  these  bonds  will  show  us  how 
we  are  going  to  pay  them. 

Mr.  HAWLEY.  I  wish  to  say  a  few  words 
on  this  subject,  and  more  especially  since  the 
amendment  proposed  by  the  gentleman  from 
Washoe,  (Mr.  Nourse.)  which  I  had  expected 
would  have  fallen  stillborn  in  the  Convention, 
has  met  with  a  second.  But  for  that  fact  I 
would  not  have  taken  occasion  to  trouble  the 
Convention  with  any  views  of  my  own  upon 
this  matter.  If  there  is  any  one  subject  which 
has  attracted  my  attention  more  than  another 
throughout  my  life,  it  is  thi.«  subject  of  internal 
.improvements,  and  I  therefore  desire  to  offer  a 
few  remarks  in  opposition  to  the  views  ex- 
pressed by  the  gentleman  from  Washoe.  My 
attention  has  been  called,  however,  to  the  fact- 
that  the  hour  of  adjournment  has  about  arrived, 
and  I  will  move  that  the  Committee  rise,  report 
progress,  and  ask  leave  to  sit  again. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

IN   CONVENTION. 

The  PRESIDENT  having  resumed  the  Chair, 


172 


TPIE    JUDICIARY. 


[6th  da5^ 


Saturday,] 


Dixxe—McClintox—Sturtevaxt—Tozer— Fitch— Banks. 


[Jiily  9. 


The  CHAIRMAN  reported  that  the  Com- 
mittee of  thf  Whole  ha.l  had  under  considera- 
tion Article  Vlll.  entitled  Municipal  and  other 
Corporations,  had  made  some  progress  therein. 
and  had  directed  him  to  ask  leave  to  sit  again. 

The  report  was  accepted,  and  leave  was 
granted  accordingly. 

Mr.  BROSNAN  gave  notice  that  the  Judici- 
arv  Committee  would  meet  this  evening. 

bo  motion  of  Mr.  DkLONG,  at  Ave  o'clock, 
the  Conventiou  adjourned. 


SIXTH  DAY. 

Car-sox,  July  9,  1864. 

The  Convention  met  at  nine  o'clock,  A.  M., 
and  «as  called  to  order  by  the  President. 

The  roll  was  called,  and  twenty-eight  mem- 
bers responded  to  their  names ;  those  who 
failed  to  respond  being  Messrs.  Ball,  Fitch,  Fol- 
sora.  Haines.  Jones,  Kennedy,  Morse,  Parker, 
AVarwick,  Wellington,  and  Williams. 

Prayer  was  offered  by  the  Rev.  Mr.  Riley. 

The  journal  of  yesterday  was  read  and  ap- 
proved. 

On  motion  of  Mr.  DUNNE,  leave  of  absence 
was  granted  to  Mr.  Warwick  until  Monday 
aftt-ruoon. 

Mr.  McCLINTON.  I  wish  to  statu  the  rea- 
son, of  the  absence  of  my  colleague,  Mr.  Wel- 
lington, as  a  matter  of  justice  to  him.  I  am 
informed  that  he  is  so  much  indisposed  as  to  be 
unable  to  be  here. 

Mr.  STL'RTEVANT.  My  colleague,  Mr.  Fol- 
Bom,  al.«o  is  quite  unwell,  but  I  think  he  will  be 
here,  nevertheless,  in  a  short  time. 


Mr.  TOZER,  from  the  Committee  on  Engross- 
ment, reported  that  that  committee  had  care- 
fully corni)ared  the  ordinance,  prcamljle,  and 
Article  I  of  the  Constitution,  entitled  Declara- 
tion of  Rights,  and  found  them  severally  cor- 
rectly engros-sed. 

On  motion  of  Mr.  DkLONG,  the  ordinance, 
preamble,  and  Article  I,  were  ordered  on  the 
general  lile. 

JLDICIAKY    SV.STE^f. 

Mr.  DUNNE  offered  the  following  resolution, 
which  wa«  read  by  the  Secretary: — 

Rfxolrrtl,  That  a  coniiuittco  of  five  be  appointed  by 
the  Chair,  Vt  <lraft  ii  nn-iuorial  t<j  CoiiRrcHs,  repuatinj,' 
the  prayer  for  an  alteration  in  oiu- judiciary  system,  to 
be  forwarded  to  ConKreM-s  in  the  event  of  "the  nun- 
adoption  of  the  Conntitvition. 

Mr.  DUNNE.  I  think  it  eminently  proper 
that  that  resolution  should  pass,  as  we  all 
agree  that  a  great  necessity  exists  for  an  alter- 
ation in  our  judiciary  .system,  as  at  present 
constituted  in  the  Territory.  As  that  ueces- 
eity  is  made  by  the  friends  of  the  Con«titntion 
one  of  the  main  arguments  for  tiieir  favorintr 
its  adoption,  and  aij  we  must  look  forward  to 


the  probable  defeat  of  the  Constitution,  or  its 
possible  defeat  at  least,  I  think  it  would  be 
proper  for  us  to  take  such  action  as  is  here 
proposed.  This  resolution  contemplates,  that 
in  case  (he  Constitution  should  be  defeated,  a 
repetition  of  that  prayer,  for  an  alteration  of 
our  judiciary  system,  should  be  placed  before 
Congress  at  the  next  session.  The  memorial 
will  not  be  presented,  of  course,  if  the  Consti- 
tution is  adopted,  and  therefore  it  will  do  no 
harm  ;  but  I  am  satisfied  it  is  the  wish  of  every 
member,  in  case  it  should  not  be  adopted,  that 
that  matter  should  again  be  brought  before 
Congress  in  a  proper  shape. 

Mr.  FITCH.  I  hope  this  resolution  will  not 
pass.  I  do  not  think  we  can  do  anything  which 
would  have  a  greater  tendency  than  this  to 
Secure  the  defeat  of  the  Constitution.  If  we 
do  anything  expressing  officially  a  doubt  as  to 
the  result  of  Our  labors,  we  certainly  tend  to 
make  others  think  the  same  way,  and  thereby 
greatly  discourage  the  friends,  of  a  State  Gov- 
ernment. Besides,  I  do  not  think  that  any- 
thing coming  from  this  Convention  would  have 
any  great  amount  of  inHuence  at  Washingtoa 
if  our  labors  should  be  rejected  by  the  people. 

Mr.  BANKS.  I  think  that  resolution  is  as- 
suming a  little  too  much,  and  I  do  not  think 
that  if  the  Constitution  should  be  rejected,  a 
petition  of  that  kind  coming  from  this  Conven- 
tion, would  have  any  more  weight  with  Con- 
gress than  a  petition  from  so  many  private 
individuals,  on  this  or  any  other  matter.  If 
the  Constitution  shall  be  rejected,  there  will 
then  be  ample  time  to  memorialize  Congress  in 
regard  to  making  this  change,  and  I  see  no 
reason  why  we  should  anticipate  the  action  of 
the  people  in  that  matter.  Again,  it  is  taking 
a  rather  unfair  advantage  in  the  matter  of  de- 
ciding upon  the  Constitution.  It  is  saying  to 
the  people  that  they  have  sent  us  here  to  frame 
a  Constitution  which  we  do  not  expect  will  be 
ratified,  and  do  not  even  propose  or  desire  to 
have  ratified.  It  would  be  so  construed  at 
least.  I  consider  it  out  of  place,  injudicious, 
and  in  no  respect  desiralde. 

Mr.  DUNNE.  In  tlie  event  that  this  resolu- 
tion is  rejected,  what  more  potent  argument 
could  be  adduced  in  Congi'ess  against  the 
change  asked  for  in  our  judiciary  system,  thaa 
calling  up  the  fact  that  a  resolution  of  this 
kind  was  introduced  in  the  Constitutianal  Con- 
ventiou, composed  not  of  merely  private  indi- 
viduals, but  of  representatives  of  the  people  of 
the  Territory  of  Nevada,  and  that  they  had  de- 
clared, by  their  action  thereon,  that  they  did 
not  desire  any  change  in  the  judiciary  system? 
It  will  show  the  sense  of  the  Convention  to  be, 
tlial  they  do  not  deem  it  necessary,  even  with 
lh(!  possible  alternative  of  the  Constitution  be- 
ing rejected,  to  repeat  the  prayer  heretofore 
made  to  Congress  for  a  revolution  or  change  ia 
the  judiciary  system  of  our  Territory; — that, 
in  fact,  they  do  not  wish  any  change  to  be  made, 
(ientlemen  will  agree  with  me,  I  think,  that 
much  opposition  would  be  made  in  Congress  to 


6th  day.] 


THE   JUDICIARY. 


173 


Saturday,] 


DeLong — Fitch — Tozer— Earl — Brosnan— Chapin — Dunne. 


[July  9. 


any  change  of  our  judiciary  system,  and  this 
action  of  our  Convention  would  no  doubt  be  used 
to  prevent  a  change  which  I  know  we  all  de- 
sire, in  case  we  continue  under  the  form  of  a 
Territorial  Government. 

Mr.  DeLONG.  1  am  opposed  to  this  resolu- 
tion. I  know  that  many  are  going  to  vote  for 
the  Constitution,  in  order  that  we  may  be  re- 
leased from  the  present  judiciary  system  ;  but 
if  we  pass  a  resolution  like  this,  many  will  say 
there  is  no  use  of  adopting  the  Constitution  in 
order  to  secure  that  end,  because  we  can  trust 
it  to  Congress.  It  will  therefore  be  used  as  an 
argument  directly  against  the  adoption  of  the 
Constitution. 

The  gentleman  says,  if  we  defeat  this  resolu- 
tion, that  fact  will,  look  bad  for  us  in  Washing- 
ton. Why  then  did  he  introduce  it?  If  he  had 
not  introduced  the  resolution,  certainly  it  would 
not  have  been  beaten.  I  think  it  will  be  a  stul- 
tification of  our  own  action  to  adopt  a  resolu- 
tion of  that  kind.  It  is  easy  enough  for  the 
gentleman  to  withdraw  the  resolution,  and  then 
it  will  not  be  beaten. 

Mr.  FITCH.  There  is  another  point  to  be 
considered,  and  that  is,  it  is  among  the  remote 
possibilities  that  Congress  will  not  occupy  its 
time  in  so  scanning  our  proceedings  as  ever  to 
learn  whether  a  resolution  of  this  kind  was  in- 
troduced or  not. 

Mr.  TOZER.  We  were  selected  to  come  here 
for  a  specific  purpose,  namely,  to  frame  a  State 
Constitution  and  organic  law  for  the  people  ; 
and  it  behooves  us  to  make  that  instrument  as 
acceptable  to  the  people  as  possible,  and  when 
we  have  done  so  to  submit  it  to  them  for  their 
adoption  or  rejection.  It  is  not  our  place  to 
provide  for  any  contingencies,  or  do  anything 
further  than  to  make  the  instrument  as  perfect  as 
we  are  able  to.  I  think  it  augurs  very  illy  for 
the  success  of  the  Constitution  we  are  framing 
to  adopt  such  a  resolution  as  this,  looking  to 
its  defeat,  and  I  hope  the  resolution  will  not 
pass. 

Mr.  EARL.  I  shall  vote  against  the  resolu- 
tion, for  the  reason  that  its  tendency  would  be  to 
prevent  the  passage  of  this  Constitution.  I 
think  we  ought  to  adopt  a  State  Constitution, 
and  a  State  Government,  and  we  may  rest  as- 
sured that  Congress  will  not  give  us  such  a  bill, 
amending  our  judiciary  system,  if  we  reject  the 
Constitution.  I  hope  the  resolution  will  be 
withdrawn. 

Mr.  BROSNAN.  I  regret  very  much  that 
my  friend  from  Humboldt  should  have  intro- 
duced this  resolution,  and  I  do  not  apprehend 
that  it  will  receive  anything  more  than  the  re- 
spectful consideration  of  this  Convention.  I 
would  be  very  much  gratified  if  the  gentleman 
would  withdraw  it  before  a  vote  is  taken  upon 
it.  In  the  first  place,  it  is  calculated,  in  my 
judgment,  to  do  mischief,  because  it  furnishes  a 
pretext  for  men  to  vote  against  the  Constitu- 
tion which  we  may  adopt  here;  and,  in  the 
next  place,  Mr.  President,  Congress,  in  ray 
opinion,  would  pay  no  attention  to.  any  such 


representation  made  from  this  body.  Congress 
and  the  nation,  at  the  present  time,  need  the 
assistance  of  the  State  of  Nevada,  and  that  is 
why  they  have  desired,  after  the  recent  defeat 
of  the  Constitution  which  was  before  presented 
to  the  people,  that  we  should  make  another  ef- 
fort to  adopt  a  State  Constitution  and  become 
a  State.  It  is  in  order  to  strengthen  the  arm 
of  the  General  Government,  in  this  hour  of  her 
peril,when  a  new  nation,  and  a  more  perfect  one, 
is,  we  trust,  about  to  be  created.  And  the  very 
consideration,  with  Congress,  of  the  necessity 
of  this  strength  in  the  councils  of  the  nation, 
would  tend  to  cause  them  to  turn  a  deaf  ear  to 
the  application  of  this  Convention  for  any 
change  in  our  organic  act,  in  the  manner  pro- 
vided by  the  resolution  of  the  gentleman  from 
Humboldt.  Besides,  Mr,  President,  if  this  Con- 
stitution should  be  defeated  by  the  people,  this 
same  application  might  then  be  made,  by  those 
who  had  the  immediate  direction  of  the  former 
memorial,  on  the  meeting  of  Congress,  with 
quite  as  much,  if  not  more  effect,  than  it  could 
be  made  as  emanating  from  this  Convention. 
I  therefore  hope  that  the  gentleman  will  with- 
draw his  resolution,  and  if  he  does  not  do  so, 
I  hope  he  will  stand  alone  in  its  support  before 
this  Convention. 

Mr.  CHAPIN.  I  am  surprised  that  gentle- 
men do  not  appreciate  the  policy  of  the  gen- 
tleman from  Humboldt,  who  proposes,  in  case 
this  Constitution  is  defeated,  to  have  something 
to  fall  back  upon.  He  reminds  me  of  an  ac- 
quantance  of  mine,  of  whom  it  is  said,  that 
while  he  was  about  to  be  married  to  one 
woman,  he  had  got,  as  the  slang  phrase  is, 
"stuck"  after  another  woman,  and  finally 
made  an  arrangement  with  her  that  as  soon  as 
the  first  woman  should  die,  he  would  marry 
the  second.  I  rather  think  that  my  friend  from 
Humboldt,  who  proposes  this  arrangement,  is 
"  stuck  "  after  the  defeat  of  the  Constitution. 

Mr.  DUNNE.  I  am  sorry  to  see  that  my 
motives  are  impugned,  in  introducing  this  res- 
olution. 

Mr.  CHAPIN  [in  his  seat].  Not  a  bit ;  no, 
no. 

Mr.  DUNNE  [continuing].  And  I  also  wish 
to  call  attention  to  this  fact :  Those  who  are 
opposed  to  this  resolution,  seem  to  think  that 
it  is  introduced  for  the  purpose  of  making 
humcombe  capital  against  the  Constitution, 
and  they  say  we  should  not  adopt  it,  for  the 
reason  that  it  will  give  people  an  opportunity, 
or  an  excuse,  rather,  for  voting  against  the 
Constitution,  who  otherwise  would  feel  com- 
pelled to  vote  for  it,  although  they  really,  at 
heart,  do  not  believe  that  we  are  prepared  to 
support  a  State  organization,  and  can  scarcely 
afford  it.  They  think  that  this  class  of  m^n, 
in  order  to  avoid  a  great  evil,  will  choose  the 
lesser  one.  Now,  I  think  it  is  unfair  to  place 
the  people  in  a  position  where  they  will  be 
compelled  to  adopt  the  Constitution,  although 
it  may  be  against  their  will.  It  is  unfair  to 
refuse  them  some  means  of  escaping  from  that 


174 


THE    JUDICIARY. 


[6th  day. 


Saturday.]  Hawley—Lockwood— Fitch— Tozer— Warwick— Pkesident. 


[July  9. 


evil,  if  they  believe  it  to  be  an  evil.  If  mem-  ] 
biT?  of  the  Convention  believe  that  there  is 
iliiager  in  allowing;  the  Constitution  to  go  be- 
fore the  people  with  any  other  means  whereby 
thev  can  have  an  opi)ortunity  of  remedying 
the'greut  evil  which  has  been  complained  of, 
then  I  siy  it  is  wrong,  and  unfair,  to  refuse  to 
face  that  danger.  VV'e  should  open  up  every 
avenue  of  escape,  and  not  tell  the  people,  "you 
must  adopt  the  Constitution,  and  submit  to  the 
evils  which  it  will  entail  upon  you,  or  you 
must  sultmit  to  all  the  evils  which  now  exist.'' 
I  think,  in  that  respect  gentlemen  forget  that 
their  own  motives  are  open  to  censure,  or  they 
would  not,  themselves,  be  making  charges 
a;:ainst  others. 

Mr.  HAW  LEY.  The  .sense  of  the  Convention 
has  been  taken  so  repeatedly  in  respect  to  the 
expediency  of  the  adoption  of  a  Slate  Consti- 
tution, that  I  think  our  time  can  be  more  pro- 
fitably spent  than  in  discussing  the  subject 
further.  The  argument  which  the  gentleman 
from  llumlioldt  has  made  I  think  discloses  his 
real  animus,  and  moreover,  it  defeats  itself, 
when  he  asserts  that  the  true  sense  of  the  Conven- 
tion can  be  obtained  upon  tiiat  resolution  in 
the  event  of  the  r"jection  of  the  Constitution. 
All  that  has  been  said  goes  to  show  that,  so  far 
as  relates  to  the  rejection  of  the  Constitution. 
every  tneml)er  here  is  in  favor  of  a  change  in 
the  judiciary  system  in  that  event ;  and  I  think 
we  need  not  fear  Init  that  Congress  will  be,  as 
it  has  been  heretofore,  full}'  advised  of  our  sen- 
timents on  that  subject.  The  gentleman  ex- 
presses an  apprehension  that  the  rejection  of 
the  resolution  will  damage  our  interests  at 
"Wushington.  Now,  if  Congress  shall  become 
aware  of  the  fact  of  "feuch  rejection  it  can  only 
be  through  a  perusal  of  our  debates,  and  when 
they  come  to  read  those  debates,  tliey  will  also 
ascertain,  and  at  the  same  time,  that  it  is  the 
unanimous  sense  of  the  Convention  that  such 
a  change  should  be  made  in  our  judiciary  sys- 
tem, in  the  event  of  the  rejection  of  the  Con- 
Btitution.  The  desired  object  can  be  obtained 
without  i)assing  any  such  resolution,  and  with- 
out in  that  way  intimating  to  the  voters  of  this 
Territory  that  it  is  our  wish  that  the  Consti- 
tution should  be  rejected.  We  came  here  to 
frame  a  Constitution  and  form  of  (Government 
which  shall  be  acceptable  to  the  people,  and  I 
believe  the  interests  of  the  Territory  demand 
the  adoption  of  such  Constitution  and  form  of 
Government.  Let  us,  therefore,  throw  no  ob- 
stacle in  the  way,  Ijut  let  us  liy  every  means  in 
our  power,  and  on  every  proper  occasion,  give 
expression  to  the  opinion  that  the  Constitution 
should  l)e  adopted,  and  endeavor  to  leave  that 
impression  in  the  minds  of  our  constituents. 

Mr.  LtJCKWUOD,  I  move  the  previous 
question. 

Mr.  FITCH.  I  move  to  lay  the  resolution 
on  the  table  ;  that  is  the  best  way  to  get  rid 
of  it. 

Mr.  LOCKWOOD.  I  will  withdraw  my  mo- 
tion. ^ 


The  question  was  taken  on  the  motion  to  lay 
the  resolution  on  the  table,  and  it  was  agreed 

to. 

THE    JUDICIARY   COMMITTEE, 

[Mr.  CoLT.TXs  in  the  Chair.] 

Mr.  IIAWLEY.  Upon  consultation  among 
members  of  the  Judiciary  Committee,  we  have 
come  to  the  conclusion  that  there  has  been  an 
unintentional  oversight  in  constituting  that 
committee.  I  therefore  move,  in  behalf  of 
the  committee,  that  two  members  be  added 
to  the  Committee  on  the  Judiciary,  one  of  whom 
shall  be  the  President. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Mr.  TOZER.  I  suppose  the  object  is  to  in- 
clude every  lawyer  in  the  Convention,  but  I 
suggest  that  perhaps  it  would  be  as  well  to 
strike  off'  half  the  names  already  on  the  list, 
and  put  on  a  few  clients  instead  of  attorneys, 
that  the  attorneys  may  be  looked  after  a  little. 
[Merriment.] 

The  PRESIDENT  pro  tern.  If  that  is  a  mo- 
tion, the  Chair  will  have  to  rule  it  out  of  order. 

[The  President  in  the  Chair.] 

Mr.  WARWICK  moved  that  the  Sergeant- 
at-Arms  be  instructed  to  remove  the  skylight 
over  the  hall,  in  order  to  promote  ventilation. 

Mr.  FITCH.  I  move  to  amend,  by  instruct- 
ing the  gentleman  from  Lander  to  go  on  the 
roof,  with  a  paving  stone,  and  proceed,  vigor- 
ously, to  create  ventilation.     [Laughter.] 

The  PRESIDENT  said  that  the  Sergeaut-at- 
Arras  would  attend  to  the  ventilation. 

The  PRESIDENT  appointed  Mr.  Frizell,  un- 
der the  motion  just  adopted,  as  an  additional 
member  of  the  Committee  on  the  Judiciary. 

The  PRESIDENT.  The  Chair  will  state  that, 
in  framing  this  committee,  his  oly'ect  was  to 
place  every  lawyer  in  the  Convention  upon  it. 
I  believe,  so  far  as  I  am  advised  at  least,  that 
that  has  been  accomplished.  If  such  is  not  the 
case,  the  Chair  would  like  to  be  informed  of  it, 
because  it  is  a  very  important  committee,  and 
one  which  should  have  the  benefit  of  all  the 
legal  talent  we  have. 

Mr.  BROSNAN.  I  hope,  however,  that  if 
any  more  lawyers  shall  be  appointed  upon  the 
committee,  they  will  be  men  who  will  attend 
to  the  business  of  the  committee. 

The  PRESIDENT.  The  Chair  is  informed 
that  there  is  one  other  legal  gentleman  in  the 
Convention,  Mr.  Proctor,  of  Nye  county.  If 
there  is  no  oVjjection,  he  will  also  be  added  to 
the  committee. 

Mr.  PROCTOR.  I  hope  I  shall  be  excused, 
as  I  am  already  on  one  committee. 

Mr.  NOURSE.  I  think  the  gentleman  from 
Nye  ought  to  be  there,  to  represent  his  party, 
[A  laugh.] 

Mr.  DUNNE.  I  move  tha.t  the  gentleman 
from  Nye  (Mr.  Proctor)  be  added  to  the  Com- 
mittee on  the  Judiciary. 

The  (juestion  was  taken,  and  the  motioa  was 
agreed  to. 


6th  day.] 


PACIFIC   RAILROAD. 


175 


Saturday,] 


BKOsx-i^;— DeLong — Dunne— Chairman— Nourse—Hawley. 


[July  9. 


ADJOURNMENT. 

Mr.  BROSNAN.  I  understand,  Mr.  Presi- 
dent, that  it  is  the  intention  of  a  good  many 
members  of  this  Convention  to  adjourn  at  the 
hour  of  the  noon  recess. 

Mr.  DeLONG  [in  his  seat].  That  is  an 
amendment  to  a  standing  rule;  I  object. 
[Laughter.] 

Mr.  BROSNAN.  I  am  about  to  make  a  state- 
ment, with  a  view  of  following  it  up  with  a 
motion.  I  understand  that  several  members 
desire  an  adjournment  at  noon  to-day,  until 
Monday  morning,  and,  for  my  part,  i  would 
like  to  have  such  an  adjournment  take  place, 
in  order  that  this  Judiciary  Committee  may  de- 
vote this  afternoon  to  the  consideration  of  the 
Article  on  the  Judiciary  Department.  I  think 
we  will  save  much  time  by  that  course,  as  it  is 
very  difficult  to  get  a  majority  of  the  committee 
together  in  the  evening.  If  the  committee 
shall  meet  this  afternoon,  I  think  we  may  be 
able  to  get  through  the  Article,  so  as  to  report 
it  on  Monday.  For  that  reason,  I  move  that  at 
noon  today  the  Convention  adjourn  till  Mon- 
day morning,  at  ten  o'clock. 

Mr.  DeLONG  raised  a  point  of  order,  that 
such  an  adjournment  would  be  in  violation  of  a 
Btandiag  rule  of  the  Convention. 

After  a  long  discussion,  involving  frequent 
reference  to  Jefferson's  Manual. 

The  PRESIDENT  overruled  the  point  of 
order. 

The  question  was  taken  on  Mr.  Brosnan's 
motion,  and  upon  a  division,  it  was  agreed  to — 
ayes,  17  ;  noes,  5. 

•  Mr.  DUNNE.  I  give  notice  that  on  Monday 
I  will  move  for  evening  sessions,  to  make  up 
for  the  time  which  is  to  be  lost  by  this  adjourn- 
ment. 

The  PRESIDENT.  No  notice  is  necessary. 
The  motion  can  be  entertained  whenever  mo- 
tions are  in  order. 

committee  of  the  whole. 

Ou  motion  of  Mr.  DUNNE,  the  Convention 
resolved  itself  into  Committee  of  the  AVhole, 
(the  President  remaining  in  the  Chair,)  for  the 
consideration  of  the  several  articles  pending 
before  that  committee. 

CORPORATIONS. 

The  Committee  resumed  the  consideration  of 
Article  YllI,  entitled  Municipal  and  other 
Corporations. 

PACIFIC  RAILROAD. 

The  CHAIRMAN.  When  the  Committee 
•was  last  in  session,  it  had  under  consideration 
Section  9  of  this  article,  and  to  this  section 
two  amendments  were  pending,  the  first  being 
the  amendment  oflered  by  the  gentleman  from 
Washoe,  (Mr  Nourse,)  to  strike  out  all  after  the 
words  "association  or  corporation,"  in  the 
third  line ;  and  the  second,  an  amendment  to 
that  amendment,  proposed  by  the  gentlemau 


from  Ormsby,  (Mr.  Lockwood,)  to  strike  out 
all  after,  and  including  tho  word  "  provided," 
in  the  fifth  line.  The  question  is  first  upon  the 
amendment  to  the  amendment,  proposed  by  the 
gentleman  from  Ormsby  (Mr.  Lockwood.) 

Mr.  NOURSE.  I  am  willing  to  accept  the 
amendment  of  the  gentleman  from  Ormsby.  as 
I  understand  that  several  gentlemen  desire  me 
to  do  so,  and  I  am  not,  myself,  at  all  strenuous 
upon  that  clause.  As  that  is  all  that  separates 
us,  I  will  accept  the  amendment. 

Mr.  HAWLEY.  Since  the  Convention  ad- 
journed last  evening.  Mr.  Chairman,  I  have  been 
approached  by  several  gentlemen,  not  members 
of  this  Convention,  as  well  as  by  some  who  are 
members,  with  the  expression  of  their  views 
on  the  subject  which  is  now  before  the  Conven- 
tion. I  gave  notice,  yesterday,  of  my  desire 
to  say  a  few  words  in  opposition  to  the  propo- 
sition now  under  consideration,  to  wit,  the 
amendment  of  the  gentleman  from  Washoe,  as 
amended  by  the  gentleman  from  Ormsby. 

In  the  first  place,  sir,  I  will  say  that"  there 
seems  to  be.  in  the  minds  not  only  of  those  gen- 
tlemen who  are  not  members  of  this  Conven- 
tion, who  have  conversed  with  me  on  the  sub- 
ject, but  also  in  the  minds  of  gentlemen  who 
are  members,  and  who  support  this  proposition, 
a  mistaken  idea.  Now  I  have  to  say,  as  to  the 
character  of  the  provisions  of  this  section  of 
the  Constitution  which  was  adopt(d  at  a  for- 
mer Convention,  that  it  seems  to  be  a  settled 
determination  on  the  part  of  certain  gentlemen 
to  construe  that  section  into  a  peremptory 
order,  on  the  part  of  the  Convention,  to  the 
Legislature  of  the  new  State,  to  issue  the  bonds 
proposed,  or  authorised  to  be  issued,  whether 
or  not  they  desire  to  do  so.  or  are  desired  to  do 
so  by  the  people  of  this  Territory,  or  of  this 
State,  as  I  trust  it  is  about  to  become.  It 
seems  to  be  the  determination  of  certain  gen- 
tlemen to  impress  the  public  mind  with  that 
view  of  the  question.  They  seem  determined— 
and  I  say  it  with  all  respect  to  those  gentle- 
men— that  the  public  mind,  so  far  as  they  are 
concerned  at  least,  shall  not  be  disabused  in 
those  premises.  Now,  sir,  if  the  views  of  the 
members  of  this  Convention  are  to  go  abroad, 
if  our  opinions  are  to  be  at  all  considered  in 
the  community,  I  desire,  for  one,  at  least,  to  be 
fully  understood  upon  this  question.  I  do  not 
desire,  at  this  day,  to  be  considered  so  ftr  be- 
hind the  spirit  oY  the  age— to  be  regarded  as 
lagging  so  far  behind  the  march  of  improve- 
ment and  of  intellect,  if  I  may  be  allowed  the 
expression,  as  to  be  opposed  to  permitting  the 
loan  of  the  credit  of  the  State  to  an  enterprise 
of  such  great  public  importance  as  the  con- 
struction of  the  Pacific  Railroad. 

First,  then,  with  the  permission  of  the  Com- 
mittee, I  propose,  briefly,  to  call  the  attention 
of  the  Convention,  and,  if  my  views  should  at- 
tain any  publicity,  the  attention  of  the  people 
of  the  Territory,  who  are  to  be  called  upon  to 
vote  upon  this  instrument,  to  the  character  of 
the  section  as  it  was  formerly  adopted,  and  as 


176 


PACIFIC   RAILROAD. 


[6tli  day. 


Saturday,] 


Hawley. 


[July  9. 


I  trust  it  will  be  readopted  by  this  Convention. 
Sir,  we  are  not  here  to  legislate  ;  we  are  here 
to  recommend,  and  to  provide  rules  for  the 
fruidance  of  those  who  are  to  legislate.  No- 
thing I  Cduld  say  in  regard  to  this  section  could 
add  any  force  to  the  simple  recital  of  its  pro- 
visions. The  proviso  which  it  is  now  pro- 
po.sed  to  strike  out,  reads  as  follows  : — 

"  Proriiled,  that  tUo  State  may  issue  bonds  to  an 
amount  not  excoc-diug  three  inilhon  dollars,  on  such 
terms  as  the  Legislature  may  prescribe,  to  the  com- 
pany that  shall  lirst  complete  a  railroad  to  the  State 
line'connectint,'  this  State  with  the  navigable  waters  of 
Caliloruia,  or  with  the  navigable  waters  of  the  Missis- 
sippi river ;  but  no  law  to  issue  bonds  shall  be  eflfective, 
unless  sanctioned  by  a  vote  of  the  people." 

First,  then,  this  proviso  does  not  prescribe 
any  positive  rule,  but  merely  recommends  a 
course  of  action.  It  places  in  the  hands  of  the 
Legislature  the  power  to  issue  these  bonds; 
and,  sir,  I  ask  whether  that  body,  about  to  con- 
vene, as  I  trust,  coming  fresh  from  the  people, 
and  representing  their  views  fully,  will  not  be 
competent  to  decide  in  accordance  with  the  will 
of  the  people,  in  this  respect.  This  simple  state- 
ment of  fact  does  away  with  that  objection  which 
has  been  urged,  more  in  private  conversation, 
perhaps,  than  in  debate  here— more  by  pri- 
vate individuals  than  by  the  members  of  this 
Convention.  Now,  sir,  when  this  proposition 
is  fairly  understood  by  the  people,  I  believe 
scarcely  a  dissenting  voice  will  be  raised  against 
the  adoption  of  such  a  provision  in  our  proposed 
Constitution. 

Agai n ,  si r,  i  t  is  and  has  been  contended  that  the 
ti'rnis  of  this  provision  will  authorize  the  Leg- 
islature to  issue  tho.se  bonds  and  deliver  them 
at  once  to  the  parties  contracting,  and  that  the 
money  so  raised  by  the  issuing  of  those  bonds 
can  be  expended  outside  of  the  borders  of  the 
State,  not  a  dollar  of  it  inuring  to  the  benetit 
of  the  people  of  this  State.  The  plain  terms  of 
the  proposition,  as  contained  in  the  section 
und'.T  consideration,  does  away  with  that  ob- 
jection, because  it  prescribes,  in  unmistakable 
language,  which  not  all  the  ingenuity  of  the 
lo{;ician,  or  the  aspiring  etfurts  of  any  special 
pleader,  can  misconstrue,  that  not  a  dollar  of 
that  money  shall  be  paid,  nor  one  of  those 
bonds  issued,  nor  one  dollar  of  the  funds  ap- 
propriated, until  the  railroad  to  be  constructed 
shall  be  so  far  completed  as  to  connect  with 
this  State — until  sucli  railroad,  running  from 
navigable  waters,  shall  reach  tlie  boundary  line 
of  the  State  which  is  now  about  to  be  formed. 

Now,  sir,  with  all  deference  to  gentlemen,  I 
wish  to  say  that  another  proposition  lias  been 
raised  in  this  connection  which  is  calculated  to 
mislead  the  puljic  mind  —  another  objection 
which  is  urged  in  opposition  to  the  measure 
now  before  us.  Let  tiie  Legislature  act  upon 
the  recommendation  of  the  Convention  ;  let 
tiiat  body  avail  itself  of  the  provisions  of  this 
section,  and  what  does  it  amount  to?  If  the 
peo|)le  of  this  State,  about  to  be  formed,  shall, 
when  the  Legislature  have  passed  this  act,  be 
of  opinion  that  it  is  unnecessary  to  lend  any 


aid  to  this  great  measure,  or  that  it  can  be  car- 
ried through  without  the  State  aid — that  the 
people  of  Nevada  are  under  no  obligation  to 
take  part  in  the  great  drama  which  is  now 
playing,  then,  sir,  the  question  being  submitted 
to  them,  they,  by  their  action,  can  render  the 
action  of  the  Legislature  nugatory  and  void. 
Not  one  dollar  can  pass  from  the  pockets  of  the 
tax-payers  to  the  State,  and  thence  to  this  rail- 
road enterprise  ;  not  to  the  extent  of  one  dol- 
lar can  the  aid  of  the  State  be  pledged  to  tiiis 
momentous  project — the  most  momentous,  with 
the  single  exception  of  restoring  the  nation  to 
the  rights  and  dignities  which  it  formerly  en- 
joyed, that  has  ever  occupied  the  attention  of 
the  American  people — without  the  consent  of 
the  people  of  the  new  State,  solemnly  recorded 
at  the  ballot-box. 

So  much  for  the  objections  urged  to  the  pas- 
sage of  this  provision.  Now.  sir,  the  question 
naturally  follows,  have  we  any  interest  in  the 
great  cause  at  stake  ?  Does  ft  become  us  as 
intelligent  men,  as  men  wedded  to  the  ideas  of 
the  advancement  of  the  republic  to  that  pinna- 
cle of  greatness  and  glory  which  God  and 
nature  intended  it  to  occupy,  from  the  time  our 
fathers  first  labored  for  the  establishment  of 
free  principles,  to  play  any  part  in  this  great 
drama,  or  to  take  any  step  towards  the  com- 
pletion of  that  grand  design  ;  to  do  anything 
to  aid  the  Government  in  placing  itself  upon  a 
firm  basis?  Why,  sir.  while  we  are  sitting  here 
halting  and  hesitating  about  the  part  we  are  to 
perform,  while  we  are  counting  the  cost  of 
what  little  we  propose  to  do,  the  Government 
of  the  United  States  is  involved  in  a  war,  the 
like  of  which,  and  no  parallel  to  which,  is  to 
be  found  in  history— it  is  daily  called  upon  to 
meet  expenses,  the  amount  of  which  has  found 
no  parallel  in  all  the  past,  in  the  administra- 
tion of  Governmental  affairs.  And  yet,  while 
the  Government  of  the  United  States  is  thus 
engaged,  it  still  finds  time  to  pause,  and  to  give 
new  force  and  effect  to  the  enactments  already 
made  for  our  benefit,  for  the  construction  of 
this  great  enterprise  —  not  only  to  sanction 
what  has  heretofore  been  done,  but  even  to  go 
a  step  farther.  I  find  in  the  latest  news  from 
the  east,  a  dispatch  which  reads  in  this  wise  — 
I  read  from  the  San  Francisco  Bulletin: — 

Washington,  July  2,  1864. 
To  Leland  Stanford  : — Railroad  bill  passed.  It  give.s 
one  year  more  on  first  fifty  miles,  twenty-five  miles 
thereafter  forfeit  is  removed.  No  percentage  is  to  be 
kept  ba(tk.  Gives  double  amount  of  laud.  Allows  a 
first  mortgage  on  the  road  of  equal  amount  to  theGov- 
eruimiit,  making  the  (Jovcrnmeut  mortgage  second. 
Old  l;i\v  rigarding  bond  as  before.  I  was  not  able  to 
do  anything  for  the  road  betw^eeu  Sacramento  and  Sau 
Francisco.  C.  P.  Huntington. 

Here,  then,  the  Congress  of  the  United  States  is 
extending  new  aid  to  this  great  project.  The  men 
who  hold  in  their  hands  the  destinies  of  this  na- 
tion, more  thoroughly  acquainted  with  the  as- 
pect of  our  national  affairs  than  we  can  be  here, 
and  fully  advised  of  their  duty  to  their  coun- 
try, are  giving  liberally,  holding  back  nothing, 


eth  day.] 


PACIFIC  RAILROAD. 


177 


Saturday,] 


Hawley. 


[July  9. 


to  this  great  undertaking  ;  and  they  call  upon 
us,  by  virtue  of  their  enactments,  to  second 
them  in  their  endeavors  to  provide  for  its  early 
completion.  Shall  we  hesitate,  then,  for  the 
paltry  consideration  of  three  millions  of  dol- 
lars ? 

Let  us  take  into  consideration  the  amount  of 
money  which  we  may  be  called  upon  to  pay. 
Look  at  the  early  history  of  this  Territory. 
Why,  sir,  I  can  remember  when,  where  now  are 
farms  overrunning  with  plenty,  and  tasteful  and 
substantial  residences  which  are  a_credit  to  the 
Territory,  and  will  be  a  credit  to  the  new 
State,  nothing  was  to  be  seen  but  the  hut 
of  the  Indian,  and  wild  cattle  roaming  over 
unfenced  lands.  Let  us  examine,  and  endeavor 
to  ascertain  by  what  means  this  great  change 
has  been  produced.  Have  such  results  been 
achieved  by  men  sitting  supinely  down,  and 
trembling  at  the  cost  of  the  works  of  Internal 
improvement  which  are  now  built,  or  approach- 
ing completion  ?  Let  the  men  answer  who  have 
constructed  those  roads  now  connecting  us 
with  the  State  of  California,  by  means  of  which 
our  taxable  property  has  been  increased  from 
a  few  thousand  to  twenty-five  millions  of  dol- 
lars, in  only  four  years,  What  M'ould  have 
been  our  condition  if  those  roads  had  never 
been  built?  The  proposition  cannot  be  dis- 
puted, for  one  moment,  that  it  is  by  means  of 
these  enterprises  that,  within  this  very  short 
period  of  time,  our  Territory  has  jumped,  so  to 
speak,  to  a  condition  of  prosperity,  with  a  ra- 
pidity of  growth  and  development  which,  with 
the  single  exception,  perhaps,  of  California, 
finds  no  parallel  in  the  progress  of  any  State 
or  Territory  of  the  United  States,  or  of  any 
State  that  ever  has  been  in  the  American  Union. 
Consider  the  progress  of  the  past ;  consider  the 
fact  that  from  a  few  thousand  dollars'  worth  of 
property,  in  our  Territory,  a  few  years  ago,  the 
taxable  property  of  the  Territory,  exclusive  of 
the  hundreds  of  millions  now  actually  within 
our  limits,  invested  in  the  mining  interest,  has 
now  risen  to  an  amount  of  over  twenty-five 
millions  of  dollars,  and  then  can  we  doubt  that 
if  this  project  of  a  railroad,  connecting  us  with 
navigable  waters,  shall  be  pu.shed  to  completion, 
during  the  next  four  years  the  taxable  property 
of  the  State  will  be  increased  from  twenty-five 
millions  to  at  least  one  hundred  millions  of  dol- 
lars? Such  being  the  prospect  before  us,  I  ask, 
in  sheer  wonder,  how  can  gentlemen  hesitate  to 
lend  the  sanction  of  their  votes  to  this  provi- 
sion, hedged  around  as  it  is  by  every  possible 
safeguard,  which  will  prevent  any  action  of  the 
Legislature,  unless  first  instructed  and  after- 
wards sanctioned  by  the  people  ?  If  we  were 
to  rush  blindly  into  expenditures,  without  con- 
sulting the  future  ;  if,  without  the  direct  sanc- 
tion of  the  people,  we  were  to  pledge  their 
faith  to  the  payment  of  vast  sums  of  money, 
then  it  might  be  urged,  with  some  plausibility, 
that  we  were  overstepping  the  bounds  of  pru- 
dence. But  we  are  committing  no  such  act, 
and  no  such  charge  can  be  brought  against  us. 


Taking  everything  into  consideration,  there- 
fore, I  urge  gentlemen  to  withdraw  their  objec- 
tions, and  let  us  go  before  the  people  free  from 
the  imputation  that  must  otherwise  rest  upon 
us  that  we  are  afraid  or  unwilling  to  play  our 
part,  or  to  perform  our  duty  in  the  drama  now 
enacting  before  the  country. 

Every  intelligent  man  knows  that  at  this 
time  our  relations  with  foreign  governments 
are  complicated.  Every  man  knows  the  treach- 
erous double-dealing  with  which,  day  after 
day,  the  fairness  that  has  characterized  the 
Federal  Government  has  been  met,  and  the  inso- 
lence and  outrage  which  have  been  heaped 
upon  our  Government  by  titled  despots,  who 
have  no  other  right  to  the  positions  they  oc- 
cupy than  that  right  which  might  gives.  And 
we  know  not  the  day  nor  the  hour,  sir,  when  this 
Government  may  become  involved  In  a  quarrel 
which  will  call  every  man  within  the  sound  of 
my  voice,  and  every  man  upon  the  Pacific 
coast,  to  arms.  That  day  may  be  in  the  imme- 
diate future,  or  it  may  be  remote,  but,  as 
firmly  as  I  believe  that  I  exist  to-day,  do  I  be- 
lieve that  there  is  no  hope  of  escaping  the  final 
arbitrament  of  arms.  I  believe  that  that  doc- 
ti  ine  which  was  asserted  by  one  of  our  earliest 
Presidents  must  be  maintained,  and  that,  sooner 
or  later,  we  must  be  called  upon  to  sweep  from 
the  shores  of  the  American  contlnenti  the 
usurper  and  despot.  I  ask,  in  vierf  of  that  con- 
tingency, Avhether  or  not  it  becomes  us  to  give 
aid  to  a  measure  which  will  strengthen  our 
hands,  and  give  force  to  our  arms  ;  a  measure 
which  gives  us  the  power  and  the  strength  to 
assert  our  right  to  control  the  affairs  of  the 
American  continent,  as  against  European  des- 
potism? 

This  provision  of  our  Constitution  has  re- 
ceived my  serious  consideration  since  I  became 
aware  of  the  fact  that  I  was  entitled  to  occupy 
a  seat  in  this  Convention.  1  have  prepared  a 
large  number  of  statistical  references  which  I 
had  intended  to  use,  if  the  occasion  ever  pre- 
.sented  itself  here  ;  but  taking  into  considera- 
tion all  the/acts  as  they  presented  themselves, 
I  believed  that  not  a  voice  would  be  raised 
against  this  measure,  and  therefore  I  failed  to 
bring  with  me  the  statistics  which  I  had  pre- 
pared. But  I  will  state  this,  that  in  my  own 
experience  in  the  Eastern  States,  I  have  known 
communities  which  had  become  paralyzed  and 
crushed  to  the  earth  by  the  stagnation  of  busi- 
ness, and  which  have  been  suddenly  raised 
to  a  state  of  animation  and  a  pinnacle  of 
prosperity  altogether  beyond  the  expectations 
or  hopes  of  the  most  sanguine,  by  such  enter- 
prises as  that  to  which  it  is  here  proposed  we 
should  give  our  aid  and  countenance.  It  is 
unnecessary  to  enlarge  upon  this  fact.  It  is 
perhaps  useless  to  point  to  the  State  of  Georgia, 
which,  before  the  rebellion,  claimed  the  proud 
preeminence  of  the  Empire  State  of  the  South. 
But  what  was  it  that  raised  her  to  that  posi- 
tion ?  What,  but  the  liberal  aid  which  the 
State  Government  gave  to  measures  of  this 


178 


PACIFIC  RAILROAD. 


[6th  day 


Saturday,] 


HoTEY — DeLoxg — Warwick. 


[July  9. 


cotton 

tant 


Forf  What  was  it  which  raised  the  port  of  I  The  way  the  proviso  is  worded  uow,  if  we  adopt 
Meiuphis  in  a  few  years,  from  a  mere  landing- !  the  old  section,  it  prevents  our  expending  money 
place,  whence  perhaps  four  hniulred  bales  of  in  crossing  the  Sierra  Nevada  Mountains,  which 
cotton  were  exported  in  a  year,  to  a  great  com- ;  the  people  l)y  their  vote  may  decide  to  do.  pro- 

■rcial  city  of  thirty  or  forty  thousand  inhabi- .  vided  they  are  not   prohibited  from   doing  it. 

ats  before  this  rebellion  commenced  ?  What  \  As  it  reads  now  we  are  prevented  from  expend- 
was  it  but  the  system  of  internal  improvements  i  ing  money  outside  of  the  limits  of  the  State, 
iaan"urated  by  the  State  of  Tennessee,  and  I  and  my  amendment  is  to  obviate  that  difficulty. 
pro|"-rly  regulated  and  sanctioned  by  the  peo-  j  Mr.  "WAllWICK.  When  I  spoke  on  this  sub- 
j)l(.'?  LoolTat  the  State  of  Illinois,  and  New 'ject  yesterday  afternoon  I  ha  1  no  intention  of 
York.  also.  I  do  not  believe  it  is  necessary  to  |  referring  to  it  again,  scarcely  dreaming,  from 
go  bciiind  the  arguments  of  the  gentleman  from  I  the  manner  in  which  the  section  was  framed, 
Washoe,  (Mr.  Nourse).  and  attempt  to  show  that  it  would  meet  with  opposition  from  any 
their  fallacy,  for  I  think  the  Convention  will  !  respectable  portion,  as  regards  numbers,  of 
bear  me  out  in  saying  that  his  conclusions  are  I  this  Convention.  Now  let  us  look  calmly  and 
unwarranted.  dispassionately  at  the  section  as  it  stands,  and 

Now.  sir.  I  have  made  these  remarks,  not  so  see  what  it  proposes.  In  the  first  place,  sir,  the 
much  with  the  hope  of  influencing  the  votes  of'  proviso  simply  proposes  to  leave  to  the  peo- 
m  mbers  of  this  Convention,  as  in  order  to  put  i  pie,  and  the  State  Government  that  is  to  be,  I 
mvself  fairly  on  the  record  as  being  utterly  ;  hope,  the  question  whether  they  will  or  will 
opposed  to  the  illiberal  spirit  which,  as  I  con- ;  not  lend  their  aid  to  one  of  the  greatest  na- 
ceive — and  I  say   it  with    all    respect   to    the    tional    enterprises  that  has    ever  been  under 


gentleman  from  Washoe,  (Mr.  Nourse),  and  the 
gentleman  from  Ornisby,  (Mr.  Johnson),  and 
the  other  gentlemen  who  have  given  expres- 
sion to  their  views — would  dictate  the  adop- 
tion of  the  amendment  striking  out  this  proviso. 
Let  us  adopt  the  more  liberal  policy,  and  shak- 
iu''  off  the  trammels  which  have  bound  us,  let 


taken  by  any  people.  It  is  an  enterprise 
undertaken,  not  for  the  benefit  of  the  State 
of  California,  not  for  the  benefit  of  our  neigh- 
bors, but  for  the  development  of  the  State  of 
which  we  ourselves  are  citizens,  and  Mhose 
glory  we  hope  to  see  perpetuated.  Not  that 
narrow  and  selfish   policy  should  prevail  here, 


us  emerge  from  a  state  of  territorial  depend-  which  demands  that  every  dollar  of  this  ai)pro- 
ence  into  the  full  enjoyment  of  the  dignity  of  a  !  priatiou  shall  be  laid  out  in  our  own  borders, 
prosperous  State.  Let  us  adopt  this  liberal  j  but  a  far-seeing,  more  statesmanlike  view,  as  to 
jiolicy,  that  we  may  spring  fully  armed  and  j  what  that  appropriation  should  be,  looking  not 
panoplied  into  the  L'nion.  Uorn  amidst  the  i  only  to  the  present  but  to  the  future, 
fury  of  war,  into  a  nation  baptised  by  fire,  Let  us  in  the  first  place  inquire  how  muck 
and  regenerated  by  the  blood  of  innumerable  the  appropriation  which  we  seek  to  authorize, 
patriots,  resting  in  the  honored  graves  of  the  |  will  benefit  our  people  here  at  home,  in  the  devel- 
glorious  dead,  we  shall  fringe  the  borders  of,  oping  of  the  Territory  or  the  State,  of  which 
the  rejiuldic  with  a  hesperian  light  that  will  we  are  citizens.  Suppose  we  had  in  our  midst 
be  hailed  in  the  future  as  a  proper  adornment  a  mountain  of  gold,  or  a  mountain  of  silver, 
of  that  glory  which,  through  all  time,  shall  en- !  still  if  there  were  no  means  of  connnectiag 
c'.rcle  our  country's  name.  I  ourselves  with  the  outside  world,  it  would  be  as 

Mr.  IIOVEY.  Is  an  amendment  in  order  at ,  dross,  or  the  dirt  which  we  tread  underfoot.  It 
this  time  ?  is  only  by  the  facilities  which  commerce  lends, 

The  CII.VIRMAN.  The  amendment  of  the  only  by  the  connection  whicli  we  have  with  the 
gentleman  from  Ormsby,  (Mr.  Lockwood,)  hav-  {  world  abroad,  that  our  gold  and  silver  become 
iu-i  been  accepted,  an  amendment  is  in  order.  I  valuable  commodities.  A  case  directly  in  point 
Mr.  IIOVLV.  I  move  to  amend  the  portion  [  has  recently  awakened  my  mind  more  particu- 
proposed  to  be  stricken  out.  by  striking  out  the  larly  to  the  necessity  of  some  action  on  this  im- 
words,  "to  the  company  tjuit  shall  fn-st  com- !  portaut  subject,  living  as  we  do  outside  of  the 
plete  a  railroad  to  the  Siate  line."  and  insert- '  great  world,  and  relying  almost  entirely  upon 
ing.  in  lieu  thereof,  the  words,  "  to  some  rail- 1  ourselves,  or  paying  most  onerous  charges  for 
road  to  be  built,"  so  as  to  read.  "  on  such  terms  such  communication  as  we  are  compelled  to 
as  the  Legislature  may  prescribe  to  some  rail-  have.  I  had  occasion,  not  long  ago.  to  conver-se 
road  to  be  built  conin'cting  this  State  with  the  with  a  gentleman,  a  resident  of  Ormsby  County 
navigable  waters  of  California,"'  &c.  j  —one  of  our  mill  owners.    Some  rock  had  been 

Mr.  DeLOSCv.  I  would  like  to  inquire  if  sent  to  be  crushed  at  his  mill,  and— I  refer  to 
th-  S  icramento  Ulver  is  a  navigable  stream.  I  j  this  only  to  show  the  neces.sity  of  some  means  of 
believe  there  is  no  water  in  it  now,  of  any  ac-  communicating  with  the  outside  world,  in  order 
CO  int.  according  to  the  newspapers.  j  to  render  valuable  what  is  now  altogether  worth- 

Mr.  W.VRWICK.  I  wouUl  like  to  have  the  le-s— I  asked  him  what  the  result  of  that  crush- 
gentleman  from  Storey  (Mr.  Ilovey)  explain  j  ing  was.  I  felt  anxious  about  it,  because  the 
how  miieh  and  wherein  his  amendment  alters  rock  came  from  the  district  of  Amador,  to 
the  original  section.  .  which  I  belong.     He  told  me  that  the  rock  was 

.Mr.  1I0\  i:V.  I  will  endeavor  to  explain  it.  worthless.  I  said  I  was  astonished  at  that,  be- 
My  reason  for  oifering  the  amendment  is  this.  I  cause  I  had  seen  that  rock  repeatedly  tested, 


6th  day.] 


PACIFIC  RAILROAD. 


no 


Saturday,] 


Warwick. 


[July  9. 


and  the  silver  actually  oozing  from  it.  "  But," 
said  ho,  "  it  only  pays  one  hundred  dollars  a 
ton,  and  what  is  that  ?"  Now,  sir,  thinlc  of  it ! 
There  are  tliousands  of  tons  of  that  rock — 
enough  to  make  a  nation  of  millionaires — yet"  it 
only  pays  a  hundred  dollars,  and  wiiat  is  that?'' 
It  is  worthless  in  our  midst.  AVhy?  Because 
we  are  shut  out  from  the  world,  with  no  means 
of  communication  to  render  it  valuable,  locked 
up  as  we  are,  with  every  article  of  living  at 
starvation  prices.  Flour  sells  in  that  district 
at  twenty  dollars  per  hundred,  and  every  thing 
we  eat  has  to  pay  a  freight-tax  of  from  sixteen 
to  twenty-five  cents  a  pound.  Therefore  it  is 
that  rock  which  only  pays  one  hundred  dollars 
a  ton  cannot  be  worked.  All  these  things 
come  home  to  us  in  that  far-off  county  of  Lan- 
der, and  we  look  anxiously  for  the  day  when 
the  completion  of  this  great  national  work  will 
not  only  connect  us  by  links  of  iron  with  you 
in  this  more  favored  portion  of  the  Territory, 
and  with  the  State  of  California,  bat  also  with 
all  our  eastern  borders.  Therefore  I  say  that 
it  is  an  illiberal  policy  which  will  not  allow  the 
people — not  foist  upon  them,  but  allow  them — 
if  they  see  tit,  to  subscribe  to  this  railroad. 

But  gentlemen,  speaking  here  in  their  wis- 
dom, tell  us  that  this  appropriation  should  be 
defeated.  One  far-seeing  gentleman,  brought 
up  in  Minnesota,  which  was  ruined  by  bauks — 
brought  up  in  Minnesota,  ruined  by  railroads  ; 
in  Minnesota,  ruined  iu  every  conceivable  way, 
and  on  the  brink  of  repudiation  on  account  o1 
bonds  on  which  she  never  paid  a  cent  of  inter 
est— tells  us  that  this  appropriation  would  ruin 
the  State  of  Nevada.  Why,  sir,  there  is  scarce- 
ly any  provision  in  this  Constitution  thus  far 
bronght  before  the  Convention,  but  what,  ac- 
cording to  that  gentleman,  it  has  been  the  ruin 
of  Minnesota.  [Merriment.]  Now,  sir,  I  have 
had  the  honor  of  living  in  another  State  almost 
as  great  as  Minnesota.  I  came,  like  the  Presi- 
dent of  our  Convention,  from  the  State  of  Illi- 
nois, and  I  became  a  citizen  of  that  State  when 
there  was  not  a  mile  of  railroad  iu  it.  It  was 
then  sparsely  inhabited,  poor  and  feeble  ;  but 
it  has  become  a  grand  and  mighty  State  whose 
sons  to-day  are  gathered  by  hundreds  and  by 
thousands  upon  every  battle-Beld,  defending 
the  life  of  the  Republic.  Those  then  desolate 
prairies  have  since  that  time  been  populated 
and  converted  into  fruitful  fields.  And  what 
have  not  railroads  done  for  that  State  built  up 
in  the  wilderness?  They  have  given  her  an 
impetus  on  the  road  to  prosperity  which  she 
never  would  have  obtained  without  them. 
They  have  caused  cities  to  spring  up  with  hun- 
dreds of  thousands  of  inhabitants,  and  popula- 
tion to  be  poured  into  every  county  and  town. 
The  State  has  been  developed  as  if  touched  by 
the  magic  wand  of  an  euchauter.  The  increase 
of  the  population  of  that  State  has  been  as 
wonderful  as  our  own,  and  the  growth  of  her 
cities  has  never  seen  a  parallel  in  the  United 
States.  I  went  to  the  city  of  Chicago  in  1849, 
when  the  population  only  amounted  to  about 


28,500  people;  but,  five  years  ago,  the  popula- 
tion of  that  city  had  swelled  to  over  100,000 
people.  Think  of  it,  gentlemen.  An  increase 
in  population  of  three  hundred  per  cent.,  in  the 
short  space  of  ten  years!  And  not  only  such 
an  increase  of  population,  but  a  vast  increase 
of  the  wealth  of  tlie  State  ;  and  all,  or  mainly, 
attributable  to  the  beneficial  results  of  railroads. 
That  is  what  has  made  Illinois  not  only  the 
granary  of  the  United  States,  but  in  a' very 
great  measure  the  granary  of  Europe  also. 
The  exports  of  wheat  and  other  grain  from  the 
State  of  Illinois  have  materially  contributed  to 
the  wealth  and  prosperity  of  the  United  States. 
They  have  made  that  State,  simply  by  the  in- 
fluence of  railroad  communication  alone,  one 
of  the  foremost  States  of  the  Union.  These 
facts  are  demonstrable  liy  the  experience  and 
observation  of  every  gentleman  on  the  floor  of 
this  Convention  who  has  taken  the  pains  to  ex 
amine  the  question  at  all. 

Reference  has  been  made  also  to  the  State  of 
New  York.  Now  what  did  New  York  do  ?  The 
State  of  New  York  loamd  her  credit  to  the 
New  York  and  Erie  Railroad,  and  some  gentle- 
man, I  think,  in  his  allusions  to  the  railroad 
system  of  New  York,  has  as.serted  or  inferred 
that  the  result  of  that  loan  was  disastrous. 
Now,  sir,  I  would  inquire  of  the  gentleman  ^\ho 
made  that  assertion  if  he  has  ever  traveled  from 
Lake  Erie  down  to  the  mouth  of  the  Hudson,  tiiat 
river  which  is  celebrated  as  the  most  beautiful 
in  America?  I  have  done  so,  and  I  know  that 
along  that  whole  route,  which  twenty-five  years 
ago  was  almost  a  howling  wikhrness,  there  are 
beautiful  cities  and  populous  towns,  which  have 
sprung  up  in  consequence  of  this  railroad  com- 
munication. That  region  has,  by  this  means, 
become  not  only  a  center  of  agriculture,  liut  an 
emporium  of  manufacture,  and  that  portion  of 
the  State  of  New  York  has  been  rendered  not 
only  the  most  beautiful  but  the  most  productive 
region  within  the  limits  of  that  State. 

There  is  another  consideration,  which  is  wor- 
thy of  our  attention.  The  American  people, 
above  all  others,  I  believe,  on  the  earth,  place 
great  value  upon  time.  We  commence  life  in 
a  hurry,  and  we  hurry  right  through  life,  until 
the  dark  angel  hurriedly  gathers  us  to  the 
tomb,  when  our  race  is  ended,  and  our  task  is 
done.  Now,  I  start  from  my  home  in  Lander 
County,  and,  with  the  utmost  possible  diligence, 
I  consume  two  days  and  a-half,  and  expend  a 
hundred  dollars,  in  order  to  reach  this  Conven- 
tion. But,  how  would  it  be  if  we  had  railroad 
communication?  I  could  leave  my  home,  in 
Lander  County,  in  the  morning,  having  taken 
breakfast  at  home,  and  if  the  Convention  were 
in  session  in  Carson,  I  could  sit  in  your  midst 
at  high  noon,  saving  thereby  one  day  and  a-half 
of  time.  Now,  one  day  and  a-half  saved  to 
each  individual,  where  there  are  thou.sands  who 
are  traveling  in  the  community,  is  an  import- 
ant item  in  the  brief  span  of  life  of  the  whole 
community.  And  it  is  all  the  more  important 
when  a  person  is  approaching  the  end  of  the 


ISO 


PACIFIC   RAILROAD. 


[6tli  day. 


Warwick — DeLong. 


[July  9. 


Saturday.] 

race  when  a  day  or  an  hour  becomes  immensely  iren,  these  wilds  now  iiniiopvilated,  shall  teem 
vihi'able  We  have  to  think  of  that  faet,  in  1  with  a  population  of  millious,  when  we  shall  be 
compiri-oti  with  tlie  small  amount  wliieh  tliis  able  to  send  not  only  silver  and  gold,  but,  if 
proposed  dobt  will  eost  for  each  iudividuiil  in  '  need  be,  our  blood— our  hearts'-blood,  coined 
the  communitv.  '  '"to  drachmas— to  be  offered  for  the  defense  of 

Another  thing  :  these  gentlemen  cling  to  the  '  the  flag.  Not  for  to-day,  or  for  to-morrow.  b\it 
old-time  usages.  They  are  afraid  to  let  tlie  !  for  the  future,  when  the  voice  of  every  mem))cr 
ii.'ople  of  Nevada  say  for  themselves  whether  I  of  this  C<^nvention  .«hall  have  become  silent, — 
thev  sliall  have  this'  great  highway  or  not.  i  when  all  who  hear  me  now  shall  have  turned 
Look  at  our  hii;hwavs  now,  infested "witli  rob- 1  to  ashes  and  dust,— then,  sir,  I  hope,  shall  the 
hers  at  every  tm-n  ;  "not  that  I  fear  them  per- '  State  of  Nevada  continue  to  be  one  of  the  com- 
sonally.  however,  for  reasons  which  my  modesty  jponent  parts  of  a  great,  united,  free  country, 
forbids  me  to  name.  [Laughter.]  I  have  looked  and  the  great  railroad  tie  which  shall  bind  our 
at  this  question  carefully,  and  I  am  at  a  loss  to  j  brethren  of  the  east  with  our  brethren  of  the 
conceive  what  these  gelitlemen  would  retpiire. !  west,  shall  remain  as  an  enduring  monument  of 


This  provision  is  carefully  guarded.  No  law 
can  take  effect  under  it,  unless  tirst  sanctioned 
by  a  direct  vote  of  the  people.    It  says : — 

Pi-oriiUtl,  That  the  State  may  issue  bonds  to  au 
amount  not  exoeeiUng  throe  million  dollars,  on  such 
terms  as  the  Lesi^lat'ire  may  prescribe,  to  the  company 
that  .shall  lir.st  couii>lete  a  railroad  to  the  State  hue  con- 
necting' this  .State  with  the  navi^'able  waters  of  Califor- 
uia,  or  with  the  navigable  waters  of  the  Mississippi 
river  ;  but  no  law  to  issue  bonds  shall  be  effective, 
unless  sanctioned  by  a  vote  of  the  people. 

It  is  this  concluding  clause  that  prevents  any 
waste,  or  any  lavisli  expenditure,  and  that  is 
the  clause  that  obviates  every  reasonable  objec- 
tion. It  is  not  that  we  foist  it  upon  the  people, 
not  that  we  say  the  Legislature  shall  do  so  and 
BO  ;  but  we  .say  to  the  people  of  Nevada  that  if 
they  themselves  will  it.  then  they  sliall  have 
the  power  to  enact  it  in  this  particular  case — 
and  why?  That  the  State  may  be  developed, 
and  that  we  may  take  that  stand  which  we 
ought  to  take,  as  one  of  the  foremost  States  of 
this  Union. 

The  gentleman  from  Washoe  (Mr.  Nourse) 
refi-rred  yesterday  to  tiie  case  of  Minnesota, 
but  there  is  a  practical  dilference  in  our  case. 
Minnesota  is  an  agricultural  State,  and  between 
ber  and  the  great  waters  are  a  great  nlany  oth- 
er agricultural  communities,  which  could  un- 


the  wisdom  of  the  people  who  have  called  us 
together  here.  And  a  great  and  mighty  people 
shall  in  their  wisdom  long  continue  to  sanction 
and  applaud  the  measure  which  I  now  have  the 
honor  to  advocate. 

Mr.  DkLONG.  With  much  that  was  said  by 
the  gentleman  who  has  last  spoken  I  fully 
agree,  for  the  reason  tliat  it  accords,  in  my 
judgment,  with  the  results  of  the  observations 
and  investigations  of  every  tliinking  man.  Cal- 
ifornia, our  sister  State,  started  out  fifteen 
years  ago  in  the  race  of  empire,  attended  by 
the  most  glowing  promises  of  a  glorious  future 
that  any  young  Slate  ever  had  before  it.  It 
had  an  unparalleled  wealth  of  agricultural 
soil,  mineral  possessions  claimed  to  be  unsur- 
passed, and  a  population  composed  of  people 
drawn  from  every  quarter  of  the  globe,  repre- 
senting the  enterprise,  the  intelligence,  the  in- 
dustry, and  the  bravery  of  all  the  nations  on 
the  earth.  It  had  a  seaboard  which  promised 
to  unite  the  commerce  of  the  Indies  with  Amer- 
ica, if  not  with  the  entire  globe.  With  all 
these  advantages  held  out  before  her,  Califor- 
nia, I  say,  .started  upon  the  race  of  empire  a 
few  years  since,  with  the  most  glowing  promise 
and  prospect  of  a  brilliant  future  unfolding  be- 
fore her.     Yet,  strange  to  relate,   to-day  she  is 


der-3'11  her  in  any  of  the  markets  of  the  world  i  the  poorest  State  in  the  Union — without  credit 
because  of  her  greater  distance  from  them,  at  home  or  abroad,  with  more  poor  men  in  her 
She  could  not  compete  with  the  State  of  Illi-  midst,  with  less  of  public  improvements,  with 
nois  or  Iowa,  or  with  others  closely  connected  I  less  of  all  of  which  a  State  may  well  feel 
by  a  railroad  system  with  the  great  lakes  and  1  proud,  than  any  other  State  in  all  the  sister- 
riv<rs  which  are  navigable  to  the  sea.  ISut  bood  of  States  within  this  Union.  This  Terri- 
that  is  not  our  position.  We  have  wealth  with- ,  tory  starts  apparently  in  the  same  way.  With 
in  our  l)oundaries  with  which  no  other  State  |  an  unparalleled,  unprecedented,  almost  un- 
can  compete.  If  this  clause  were  to  bind  the  '  dreamed-of  wealth  of  mineral  resources,  with 
people  of  the  State  to  vote  one  single  dollar,  I  j  whole  mountains  and  vast  caverns  of  min- 
Khould  oppose  it  to  the  last ;  but  when  it  comes' eral  wealth,  we  see  her  at  this  early  day, 
to  saying  to  them.  ••  You  may,  or  you  may  before  slie  has  fairly  started  in  the  race  of  era- 
not,"    the  case   is  different.     Now,  sir.  in  any    pire,  halting  and  hesitating  whether  or  not  to 


ca^e  where  it  is  proposed  to  make  an  appropri 
ation  promising  a  sullicient  return,  or  sutfieient 
of  national  good,  I  am  ever  ready  to  cast  my  vote 
f(jr  it,  and  I  sincendy  trust  that  this  provis'on 
will  comm''nd  itself  to  the  kindly  judgment  of 
every  member  of  this  Convention  who  looks  not 


become  a  State,  fearing  that  her  resources  are 
insuflicient  to  sustain  her  in  that  exalted  posi- 
tion. Why  are  these  things  so?  When  we  see 
such  strange  effects,  we  should  naturally  look 
for  the  cause.  I  agree  with  gentlemen  who 
have  preceded  me,  that  the  reason  is,  the  want 


alone  to  the  present  depressed  slate  of  affairs,  j  of  internal  improvements.  I  say  it  is  remarkable 
but  who.  with  a  more  enlarged  vision,  a  more  that  thsee  people,  with  all  their  enteprise  and 
high  ami  hopeful  forecast  for  the  future,  looks  j  wealth  and  energy,  should  sit  here  in  the  sun, 
forward  to  the  day  wheu  these  wastes  now  bar-  i  and  upon  the   saud,  and  starve  almost,  while 


Gth  day.] 


PACIFIC  RAILROAD. 


181 


Saturday,] 


DeLoxg. 


[July  9. 


right  here  at  their  homes  are  untold  wealths  of 
money  in  their  mines,  but  all  lying  idle  be- 
cause those  mines  cannot  be  developed  for  want 
of  internal  improvements.  The  Comstock  lead 
is  being  worked,  it  is  true,  for  little  blue  sul- 
phurets  ;  but  the  rock  that  will  not  yield  twen- 
ty-five dollars  per  ton,  at  least,  has  to  be  cast 
aside  and  condemned  as  utterly  worthless  ore. 
because  we  lack  the  wood  and  the  water-power 
to  reduce  it.  We  have  to  liaul  wood  now  from 
the  Sierras  with  mule  teams,  at  a  cost  of  twen- 
ty to  twenty-five  dollars  per  cord,  to  crush  rock 
by  steam-power,  and  if  the  rock  will  not  pay 
more  than  twenty-five  dollars  a  ton  it  will  not 
yield  any  profit  beyond  the  cost  of  working, 
aud  consequently  is  worthless  and  waste.  The 
same  thing  is  more  plainly  exemplified  in  Lan- 
der County,  as  has  been  shown  )jy  the  member 
from  that  county.  It  is  situated  in  a  belt  of 
mineral  region  extending  from  Mexico  in  the 
South  to  the  British  possessions  in  the  North, 
hundreds  of  miles  in  width,  and  of  untold  rich- 
ness, yet  almost  wholly  uudeveloprd  for  the 
want  of  connection  with  these  mountains  where 
water-power  may  be  had  in  abundance,  and 
where  there  is  a  boundless  wealtd  of  timber. 
These  two  great  requisites,  which  only  are  ne- 
cessary to  make  our  Territory  a  great  State, 
will  be  obtained  in  abundance  by  a  railroad 
connection. 

But  when  I  go  that  far,  and  when  I  agree 
with  the  gentleman  fi'om  Douglas,  (]\Ir.  Haw- 
ley,)  that  the  ditiiculty  in  the  way  of  our  pro- 
gress is  the  want  of  internal  improvements — 
that  it  is  that  want  which  has  caused  those 
cities  of  California,  which  started  with  such 
glowing  promise,  to  lie  drying  up  and  wither- 
ing upon  her  plains  to-da}' — for  I  think  it  can- 
not be  disputed  that  their  want  of  prosperity 
is  attributable  to  the  lack  of  internal  improve- 
ments— yet,  it  seems  to  me,  I  must  disagree 
with  him  in  his  views  as  to  the  manner  of  sup- 
plying that  want.  He  asks  that  it  may  be  done 
by  means  of  State  aid.  Now,  I  will  say  that 
only  a  few  years  ago  I  was  equally  as  enthusi- 
astic in  support  of  the  idea  that  such  desirable 
results  could  and  should  be  accomplished  by 
that  means,  and  1  labored,  in  the  halls  of  legis- 
lation in  California,  with  all  the  earnest  z  ;al 
and  ability  I  possessed,  to  secure  the  aid  of  that 
State  to  railroad  enterprises  in  the  northern 
part  of  the  State.  We  succeeded  in  getting  a 
bill  through,  grantiug  State  aid  to  the  Yallejo 
and  Marysville  Riilroad  Company,  giving  the 
company  alternate  sections  of  land  along  its 
line,  for  the  purpose  ot'ljuilding  that  road,  and 
granting  them  five  years  time  in  which  to  com- 
plete it— granting  them,  in  fact,  all  the  privi- 
leges and  concessions  which  they  asked  at 
the  hands  of  the  Legislature.  But  that  road 
was  never  built.  Although  the  free  gifts  of  the 
State  were  sufficient,  in  the  judgment  of  every 
business  man,  in  themselves  to  have  paid  for 
the  building  of  the  road,  if  it  had  been  con- 
structed by  the  enterprise  of  private  parties  or 
corporations,  yet  no  part  of  it  was  ever  con^ 


structcd.  Why  was  it  not  built?  It  was  not 
because  the  State  refused  its  aid,  but  it  was  be- 
cause the  rates  of  interest  on  money  were  so 
high  that  men  who  had  money  could  not  be  in- 
duced to  invest  in  railioad  enterprises.  Whca 
we  went  to  the  capitalists  with  the  scheme  cf 
that  Vallejo  and  Marysville  Railroad  Company, 
when  we  went  to  San  Francisco,  and  laid  the 
statistics  before  the  money-lenders,  asking  them 
to  embark  in  that  scheme,  and  help  us  to  build 
that  road,  which  would  connect  California  and 
Oregon  with  ties  of  iron,  and  make  San  Fran- 
cisco a  great  metropolis,  what  was  their  reply  ? 
In  such  a  case  the  capitalist  hears  you  very 
patiently,  admits  all  you  have  to  urge,antl  then 
says  you  must  first  show  him  how  your  road  will 
pay  two  per  cent,  per  month  at  the  start,  and 
a  fair  margin  for  an  increase.  And  this,  too, 
when  capital  is  invested  freely  in  Europe,  and 
in  the  Eastern  States,  with  no  margin  for  aa 
increase  at  all.  at  six,  seven,  and  never  over 
ten  per  cent,  per  annum,  and  investments  of 
that  kind  are  greedily  sought  for.  But  here, 
you  cannot  get  capitalists  to  go  into  any  enter- 
prise, unless  it  promises  two  per  cent,  per 
month.  What  was  the  reply  of  the  money- 
lender when  we  approached  him,  and  sought 
to  gain  his  assistance  in  that  undertaking? 
He  turned  to  us  and  said,  "My  friends,  you  are 
foolish  to  expect  me  to  invest  my  money  in 
enterprises  which  promise  to  pay  but  two  per 
cent,  per  month,  when  I  can  loan  my  money  at 
three  per  cent,  a  month,  and  secured,  too,  by 
bond  aud  mortgage  on  property  in  Sau  Fran- 
cisco." Go  to  men  who  have  capital  to-day  in 
Virginia  City — men  who  might  command  al- 
most the  entire  wealth  of  San  Francisco — and 
ask  them  to  build  a  little  canal  in  these  moun- 
tains, where  water-power,  and  wood,  in  inex- 
haustible quantities,  is  to  be  found,  and  show 
them,  as  we  can,  and  have  shown  them,  how 
they  could  carry  water  aud  wood  enough  to 
.supply  the  State  through  that  little  canal,  aud 
that  the  w'ork  promises  to  pay  two,  and  eveu 
tlu-ee  per  cent,  per  month,  with  the  best  secu- 
rity in  the  world,  and  what  do  they  say  ?  The 
answer  is,  "  I  can  loan  my  money  ou  bond  and 
mortgage  in  the  city  of  Virginia  for  five,  six, 
aud  sometimes  even  eight  per  cent,  per  month, 
and  am  I  going  to  embark  in  a  kind  of  enter- 
prise whieii  promises  to  pay  only  two  or  three 
per  cent?''  No,  sir;  they  do  not  refuse  to 
embark  in  these  things  because  of  any  doubt 
sought  to  be  thrown  around  our  own  enter- 
pris'fc's,  or  around  enterprises  in  California, 
but  because  they  can  make  a  more  profitable 
use  of  their  money.  And  they  will  not  be  any 
more  re^dy  or  willing  to  embark  in  them  be- 
cause the  aid  of  the  State  may  be  given 
to  those  enterprises.  You  must  reach  and 
remedy  the  evil,  by  a  blow  struck  in  anotlicr 
direction.  You  must  accomplish  that  result, 
by  doing  away  with  that  clause  in  this  Consti- 
tution, and  in  that  of  CalifViruia,  which  has 
chained  the  industry  and  enterprise  of  our  cit- 
izens, and  brought  them  dowu  to  their  present 


1S2 


PACIFIC    RAILROAD. 


[6th  day: 


Saturilay.] 


DeLoxg. 


[July  9. 


ignoble  position— tbat  clause  which  gives  to  us 
aa  exclusive  gold  ami  silver  currency.  ^yIly, 
sir.  there  is  not  a  nation  on  the  face  of  the 
earth,  out-ide  of  this  people  on  the  Pacific 
c.->a>t,  which,  if  we  were  to  draw  from  them 
everythinj;  iu  the  fhapc  of  mom  y  except  their 
gold' and  -silver,  would  have  left  a  dollar  ai)icce 
lur  all  the  inliahitants.  England  would  not 
have  it,  nor  any  nation  of  Europe  ;  and  there 
is  not  a  nation  or  a  State  on  the  glohc.  outside 
of  California,  and  Orr'.sron,  and  this  Territory. 
th;it  would  have  it.  And  what  would  be  the 
r-'sult  iu  other  communities,  if  they  were  sud- 
d  lily  reduced  to  a  specie  currency  ?  Why,  sir, 
enterprise,  business,  industry,  internal  improve- 
mi-ntri — everything  would  be  forced  to  stand 
still.  The  interest  on  money  would  be  en- 
hanced beyond  all  bounds,  and  not  a  railroad 
or  a  canal  would  be  built.  I  say,  then,  reach 
the  difficulty,  aud  apply  the  remedy,  in  another 
dir.  ction. 

You  cannot  encourage  and  assist  these  great 
enterprises  by  ajipropriations  of  this  cliaracter. 
Even  three  millions  of  doll  rs  is  but  a  drop  in 
the  bucket  iu  the  building  of  that  road,  and 
vhen  you  reduce  that  amount  down  to  less 
than  one  million,  as  I  contend  this,  in  effect, 
would  be  reduced,  because  we  have  already 
limited  the  intere.-t  to  seven  per  cent.,  which  is 
a  Ijeg^arly  rate  of  intirest  here,  it  will  be  of 
no  jierceptible  advantage  whatever,  to  the  en- 
terprise. Men  in  this  country  would  not  buy 
those  bonds.  They  will  not  be  such  fools  as  to 
invest  in  seven  per  cent.  State  bonds,  when 
they  can  get  three  or  four  times  as  much  for 
the  use  of  their  money  ;  and  we  shall,  there- 
fore, be  CJinptlled  to  seejv  Eastern  ca])ital. 
And  then  what  would  ))e  the  result  ?  Why, 
your  own  people,  although  really  lending  no 
substantial  aid  to  the  railroad,  would,  never- 
theless, be  obliged  to  assume  t!ie  responsibility 
of  paying  this  interest.  That  burden  would 
come  upon  your  State,  upon  the  back  of  the 
cuireni  ("xpi-nses  ever)'  year.  We  do  not  wish 
to  be  called  upon  to  pay  the  interest  upon 
bonds  to  that  amount,  unless,  in  some  way,  we 
derive  a  corresponding  benefit.  I  do  not  be- 
lieve the  bonds  would  ever  sell  for  more  than 
fifty  cents  on  the  dollar,  payable  iu  greenliacks, 
in  New  York,  and  yet  the  Slate  of  Nevada 
woulil  have  to  pay  the  interest  on  the  entire 
amount  of  th,-  Imiids,  amounting  to  several 
liu.idred  thousand  dollars  a  year.  I  say  the 
loss  to  the  people  is  too  great  to  be  compen- 
^at.■d  \,y  the  hope  of  advantages  held  out  iu 
tlw  anticipation  of  this  road  getting  here  a 
little  stjoncr. 

Now  there  arc  two  railroad  enterprises  which 
liavi;  be<;n  fo.-tered  by  the  General  Government. 
Thi-y  are  rivaling  each  other,  and  both  striving 
miglit  and  main  to  reach  the  i)0rder  of  our 
niMV  State,  not  for  the  .sake  of  any  premium 
which  we  are  i-xp'  cted  to  hold  out,  but  for  the 
sake  of  securing  iheir  own  support  by  the  peo- 
ple of  Nevadi.  as  well  as  the  support  of  the 
people  where  those  roads  are  building.     Let 


them  go  on  and  run  their  lines  across  the  coun- 
try, and  across  the  mountains,  just  as  fast  as  it 
Ls  possible  for  them  to  do  so  ;  and  they  will  build 
them  no  faster,  sir,  on  account  of  any  aid 
which  we  here  can  bestow.  They  will  work 
just  as  hard  without  it.  and  then  you  save  to 
Nevada  the  three  millions  of  dollars  with  which 
you  are  now  asked  to  saddle  her  in  her  infancy. 
You  can  hasten  these  roads  luore,  as  I  have  al- 
ready said,  by  striking  a  blow  in  another  di- 
rection— by  giving  us  some  currency  other 
than  coin.  The  moment  you  do  that — I  do  not 
care  whether  you  give  us  greenbacks  or  bank- 
ing institutions — you  make  the  country  rich 
and  prosperous,  because  you  reduce  the  rate  of 
interest,  and  force  money  into  the  market,  to 
bo  loaned  at  so  much  per  month,  to  be  used  in 
the  building  of  railroads  and  canals,  aud  all 
sorts  of  public  improvements,  in  addition  to 
the  opening  and  developing  of  our  mine.'.  That 
is  the  way  to  reach  and  to  remedy  the  evil — by 
striking  a  blow  at  this  infernal  cent-per-cent. 
This  is  a  subject  upon  w  hich  we  ought  to  gain 
wisdom  by  our  knowledge  of  California — by 
our  experience  as  citizens  and  as  pioneers  there. 
That  experience  tells  us  that  the  men  who  laid 
the  foundations  of  that  State  ;  the  men  who  pre- 
pared the  foundations  upon  which  to  build  up 
a  great  and  magnilicent  State  ;  the  men  who 
opened  the  roads  to  the  mountains  and  lu'ought 
water  from  the  streams  to  the  placers  ;  the  men 
who  built  her  cities,  who  prepared  and  improv- 
ed her  farms  ;  tho.se  men,  the  early  and  adven- 
turous California  pioneers,have  generally  gone 
from  our  sight,  or  are  beggars  or  paupers  to- 
day. And  who  is  it,  I  ask,  that  has  reaped  the 
rewar.l  of  their  toil  ?  Who  are  they  who  are 
living  in  the  fine  houses  which  those  men  reared 
to  be  the  homes  of  their  families?  They  are 
these  threc-per-cent.  money-brokers — the  men 
who  crawl  into  their  little  narrow  dens  ten  feet 
by  twelve  ;  men  who  never  built  a  house  thera- 
.selves,  and  never  employed  a  laborer  ;  men  who 
never  did  anything  to  develop  the  country,  ex- 
cept to  make  otiier  people  pay  two  and  three 
per  cent,  per  month  for  the  use  of  their  money. 
They  have  loaned  their  money  in  that  way,  and 
have  rolled  it  over  and  over,  gobbling  up  every 
thing,  until  the  poor  pioneer  was  stripped  of 
all  he  hiid.  turning  it  over  to  these  drivers  of 
liard  bargains.  Many  of  that  class  of  men  have 
found  their  way  here,  and  arc  now  driving  the 
same  hard  bargains  throughout  our  Territory, 
and  playing  exactly  the  same  role.  Are  we  to 
place  ourselves  in  the  hands  of  those  men?  I 
say  give  us  a  different  fate  from  thai.  Let  us 
adopt  what  all  the  world,  except  California, 
has  dioided  to  be  the  part  of  wisdom  to  adopt, 
and  that  is  a  paper  currency.  Let  us  allow 
these  paper  evidences,  or  representatives  of 
currency  and  value,  to  circulate,  and  then  a 
few  mi'u  who  have  happened  to  get  hold  of  all 
the  g(jld  and  silver  in  the  land  Avill  not  be  able 
to  play  into  each  others'  hands  in  such  a  way 
as  to  crush  down  any  and  every  mau  whom 
they  may  choose  to  crush. 


6tli  day.] 


PACIFIC   RAILROAD. 


183 


Saturday,] 


DeLoxg. 


[July  9. 


Two  or  three  men  in  San  Francisco  hare ! 
really  had  the  State  in  their  power  ever  since  j 
California  was  a  State.  And  Nevada  Territory, 
with  all  her  enterprising  merchants  and  busi- 
ness men,  is  equally  in  the  power  of  those  men 
who  know  how  to  crush  and  ruin  business  at 
any  moment  they  please.  And  I  believe  they 
are  pressing  us  even  now.  They  go  to  work 
upon  an  elaborate  system.  They  allow  a  man  to 
pledge  his  stocks  in  the  banks,  and  then  to 
draw  about  twenty  per  cent,  as  a  loan  secured 
by  his  stocks  in  the  mines.  They  continue 
that  very  liberal  system  until  every  man  whose 
necessities  bring  him  within  their  power  is  em- 
barked, and  every  man's  stock  pledged,  and 
then,  by  a  secret  combination  and  understand- 
ing, they  shut  down,  and  every  one  of  their 
victims  is  forced  to  go  into  Montgomery  street 
with  his  stock.  Once  they  get  the  stock  into 
the  market,  these  men  gobble  it  up,  as  they  did 
the  fine  farms  and  the  big  stores  and  ware- 
houses, and  other  property  in  California.  That 
is  what  is  going  on  all  the  time,  and  it  is  the 
natural  result  of  an  exclusive  gold  and  silver 
currency.  If  we  want  railroads,  if  we  want  these 
men  to  come  out  with  their  money  and  make 
investments  in  railroads  and  other  enterprises, 
we  must  have  ottyjr  representatives  of  value  to 
answer  instead  of  gold  and  silver  as  a  medium 
of  exchange.  Then  we  shall  apppreciate  and 
enjoy  the  full  value  of  the  home  article,  for  the 
production  of  which  men  are  toiling  and  ex- 
hausting their  bodily  strength  here  in  our 
midst. 

Now  this  idea  of  submitting  the  proposition 
to  grant  aid  to  the  people,  is  no  doubt  a  very 
good  thing  on  the  stump,  when  we  are  going 
to  talk  about  it  before  the  people.  It  is  all 
verv  fine  on  paper.  Why,  sir,  that  clause  pro-  j 
viding  for  submitting  to  the  people  of  the  State  j 
the  question,  whether  or  not  they  will  vote  this 
three  millions  of  dollars,  at  the  time  of  elec- 
tion would  be  so  far  lost  sight  of  that  you 
you  could  get  fifty  men  to  vote  for  it  on  condi- 
tion that  fifty  others  would  agree  to  vote  for  a 
favorite  candidate  for  constable.  If  every 
political  party  would,  by  agreement,  put  "  Rail 
road  Contribution — Yes,''  on  their  tickets,  then 
it  would  be  universally  voted  for,  and  scarcely 
anybody  would  notice  it  during  the  flection  ; 
and  if,  on  the  other  hand,  by  a  like  agreement, 
they  put  "  Railroad  Contribution— No,''  on 
their  ticki'ts,then  it  would  be  as  universally  voted 
down.  People,  in  the  time  of  an  excited  election, 
would  pay  no  attention  to  such  a  matter.  It  is 
not  that  which  people  get  excited  about.  The 
burdenfallslightly  upon  each  one,  and  the  voter 
thinks  but  little  about  it,  or  if  he  thinks  at  all. 
his  reflection  is,  that  what  he  pays  is  but  a 
trifle,  not  worth  minding ;  consequently  there 
is  no  strife  on  the  subject.  The  strife  is  only 
for  the  success  of  the  party,  or  the  election  of 
favorite  candidates.  I  say,  then,  that  this  talk 
about  submitting  it  to  the  people  is  all  hum- 
bug and  bosh,  because  the  people  will  not  pay 
attention  to  it  at  a  general  election.    If  you 


wish  to  obtain  a  fair  vote  upon  that  proposi- 
tion, provide  in  your  Constitution  that  it 
shall  be  submitted  as  a  separate  question,  at  a 
time  when  men's  minds  are  not  excited  over  a 
general  election,  or  about  the  success  of  this 
or  that  officer  to  be  elected,  and  then,  by  their 
votes,  the  people  will  show  their  honest  senti- 
ments on  that  question,  because  they  will  vote 
with  their  attention  directly  called  to  it,  and 
with  nothing  to  distract  such  attention.  It 
strikes  me  that  we  should  not  willingly  and 
knowingly,  with  the  lessons  of  the  past  before 
us,  and  the  knowledge  that  these  railroad  com- 
panies will  do  all  they  can  to  carry  such  a 
proposition  before  the  people,  trust  the  decis- 
ion of  the  question  to  the  hazard  of  a  general 
election,  at  which  other  important  issues  must 
be  decided.  It  is  a  fact  which  gentlemen  must 
recognize,  that  these  companies  will  labor 
zealously,  because  they  will  have  a  great  inter- 
est at  stake,  while  it  is  nobody's  business  in 
particular  to  oppose  them. 

It  is  said  that  this  appropriation  will  hasten 
the  building  of  the  road,  but  I  do  not  think  so. 
They  are  building  the  road  now  as  fast  as  they 
can  build  it,  and  they  could  not  hurry  it  at  the 
present  time,  no  matter  how  much  money 
might  be  at  their  command,  for  the  simple 
reason  that  they  cannot,  for  love  nor  money, 
oljtaia  rolling-stock  fast  enough.  There  is  a 
lack  of  that  material,  owing  to  the  necessities 
of  the  Government  ;  it  cannot  be  furnished 
fast  enough.  Railroads  are  building  and  have 
been  built  throughout  the  South  for  our  mili- 
tary lines.  The  cost  of  rolling-stock  is  there- 
fore very  heavy,  but  these  railroads  are  buy- 
ing it  up  at  any  cost,  when  it  can  be  had,  and 
shipping  it  out  here.  They  cannot  do  it  any 
faster  than  they  are  doing  it,  and  in  my  opin- 
ion, we  shall  have  the  railroad  here  just  as 
quick  without  this  constitutional  proviso  as  we 
shall  with  it. 

Now,  sir,  I  would  vote  in  favor  of  a  provis- 
ion granting  aid  to  this  railroad  in  one  way, 
and  that  is.  to  provide  that  this  money  shall  be 
taken  and  used  to  commence  a  section  of  the 
proposed  line  of  road,  on  either  of  these  routes 
across  the  mountains,  and  complete  it  as  far  as 
the  money  would  carry  it,  on  that  proposed 
line,  within  this  State.  I  would  go  for  that 
most  heartily,  because  that  would  help  us  some, 
while  I  insist  upon  it  that  this  provision  would 
not  help  us  at  all,  but,  on  the  other  hand,  that 
it  would  crush  the  State  down  into  absolute 
bankruptcy.  It  will  subject  us  to  enormous 
taxation  in  order  to  pay  this  interest  of  two 
hundred  thousand  dollars  a  year.  Where  do 
gentlemen  expect  this  money  is  to  come  from? 
Let  them  figure  a  little  on  our  ways  and  means. 
We  shall  have  to  pay  the  salaries  of  our  judges 
and  other  officers  of  State,  and  we  shall  have 
to  pay  the  current  expenses  of  the  State,  and 
you  may  add  to  that  twenty-five  thousand  dol- 
lars a  year  as  interest  on  our  public  debt 
already  accrued.  Then  if  you  issue  these  bonds, 
you  depreciate  your  State  scrip,  and  start  off 


1^4: 


PACIFIC  RAILROAD. 


[6th  day? 


Saturday,] 


DeLoxg — Collins. 


[July  9. 


on  your  career  of  State  prosperity  with  scrip 
at  tweiity-live  or  thirty  cents  on  the  dol- 
lar, and  not  taken  at  that,  except  by  those 
otfict-rs  who  are  oblijied  to  take  it  in  lieu  of 
money.  I  say  it  wonld  destroy  us  as  a  State, 
and  I  am  willing  to  run  any  risk  there  may  be 
of  bein<(  called  an  old  fogy  on  account  of  my 
opposition  to  tbis  measure. 

liut  I  am  not  opposed  to  the  constructioa  of 
the  railroad.  No  man  in  the  world  lives  or 
Ijreathes  who  can  say  that  be  has  a  more  glow- 
ing hope  of  the  grand  results  to  follow  in  the  fu- 
ture, from  the  construction  of  a  railroad  across 
the  mountains,  tluin  I  have.  1  regard  it  as  an 
achievement  which  should  be  sought  after  and 
labored  for  by  every  man  who  loves  his  couuti-y 
and  hopes  for  its  prosperity.  It  is  the  great 
want  of  our  State.  It  is  what  will  give  us  un- 
bounded prosperity,  and  therefore  I  am  in  fa- 
vor of  it ;  but  I  say  that  this  loan  will  not  aid 
it  in  the  least,  while  it  will  ruin  us  in  the  effort 
to  pav  it. 

Mr'  COLLINS.  I  certainly  should  not  have 
risen  to  make  any  remarks  upon  this  question, 
but  for  the  very  ingenious  speech  of  my  friend, 
the  gentleman  from  Washoe,  (Mr.  Nourse),aad 
tlie  very  enthusiastic  remarks  of  my  colleague 
from  Storey  (Mr.  DeLong.)  I  do  think,  how- 
ever much  the  gentleman  who  last  spoke  ap- 
plauds this  great  movement  for  the  construc- 
tion of  the  I'acific  Raiload.  which  is  to  unite 
the  two  great  oceans  of  the  globe,  however 
much  he  thinks  we  ought  to  endeavor  to  use 
our  influence  in  behalf  of  that  enterprise,  he 
is  opposed,  practically,  to  our  exercising  any 
such  influence  in  its  behalf. 

Mr.  DeLONG  [in  his  seat].  Ob,  no,  I  am 
not. 

Mr.  COLLINS.  Now,  all  that  the  gentleman 
from  Waslioe  (.Mr.  Nourse)  said  in  regard  to 
railroads  in  Minnesota  may  be  true,  and  there 
may  be  reasons  wliy  it  should  be  true,  though 
to  a  certain  extent  I  doubt  their  applicability 
to  our  own  case.  There  may  be  reasons  why 
people  in  various  parts  of  the  country  have 
suftlred  on  account  of  railroad^.  I  have,  my- 
self, known  of  hundreds  and  hundreds  of  indi- 
viduals, who,  in  their  enthusiasm,  have  sub- 
scribed to  the  stocks  of  railroads,  and  have 
been  ruined  thereby;  but  I  would  say  to  gen- 
tlemen of  tbis  Convention,  that  I  know  of  no 
community  where  a  system  of  railroads  has 
ever  been  thoroughly  e.-tablished,  which  coin- 
nuiiiity  woulil  consenl  to  exchange  those  rail- 
ruads  lor  the  amount  of  money  which  they  cost. 
Take,  for  instance,  the  State  of  Illinois,  and 
louk  at  the  advantages  which  she  has  derived 
from  railroads.  I  grant  that  subscribers  to  the 
stock  of  lho.se  railroads  may  have  sulb-red 
much,  but  the  public,  as  a  wiiole.  has  d<  i  ived 
y,v<-.il  bcm-lils  from  them.  Take,  also,  for  an- 
other in.-.taiic'.'.  the  internal  iniprovL-menls  of 
the  State  of  New  York.  It  is  notorious  that 
about  the  time  of  the  opening  of  the  great  Erie 
Canal,  which  unites  the  lakes  with  the  wa- 
ters  of   the  lIudMju  River,    a  little   distance 


from  Utica  westward,  property  was  com- 
paratively worthless ;  but  the  moment  this 
communication  was  opened,  that  property  ac- 
quired great  value,  and  it  added  immensely, 
too,  to  the  value  of  all  the  property  of  Ohio, 
Western  Pennsylvania,  and  Western  New  York, 
and  what  was  the  immediate  result?  Why,  it 
gave  such  immediate  and  immense  advantages 
to  New  York,  that  Pennsylvania  was  forced,  in 
self-defence,  to  open  a  canal  between  tide-wa- 
ter and  her  own  western  boundary.  And  look 
at  the  advantages  which  have  been  derived 
from  these  lines  of  coramuuication ,  by  New  Y'ork, 
Pennsylvania,  and  the  great  West.  These  pub- 
lic works,  of  gigantic  proportions,  at  once  util- 
ized the  idle  lands  of  the  western  wilderness, 
opened  up  improvements,  and  founded  towns 
and  cities  so  rapidly,  that  in  a  short  time  there 
was  a  necessity  for  more  rapid  intercommuni- 
cation between  the  markets  of  supply  and  con- 
sumption, and  for  increased  transportation.  The 
Albany  and  Buffalo,  or  what  is  more  common- 
ly known  now  as  the  New  Y'ork  Central  Rail- 
road, was  the  offspring  of  this  necessity.  A 
similar  result  followed  the  construction  of  the 
Pennsylvania  Canal— the  union  by  iron  rails  of 
Philadelphia  with  the  Ohio  River,  and  by  that 
with  the  great  valley  of  the  Ohio.  The  compe- 
tition of  the  Northern  route  became  so  great, 
and  property  rose  to  such  great  value  on  these 
lines,  that  another  railroad  was  contemplated 
and  has  been  constructed  between  tide-water 
and  the  city  of  Erie,  on  Lake  Erie. 

Now,  the  gentleman  from  Washoe,  (Mr. 
Nourse.)  yesterday  told  us  that  the  New  York 
and  Erie  railroad  was  suspended,  or  its  con- 
struction baffled  and  delaye'd,  in  consequence 
of  State  aid.  I  think  the  gentleman's  memory 
must  have  failed  him  on  that  subject.  He  may 
not  have  designed  to  convey  that  idea,  possi- 
bly, aUhougli,  certainly,  his  language  did  con- 
vey it.  The  managers  of  that  New  Y'ork  and 
Erie  Railroad  commenced  it  with  the  idea  that 
six  years  time,  aud  three  millions  of  dollars, 
were  all  the  time,  and  all  the  money,  that  would 
be  necessary  to  secure  its  completion.  The 
stockholders  paid  their  three  millions,  and  it 
was  all  absorbed,  but  the  road  was  but  fairly 
commenced.  In  consequence  of  the  hard  times, 
nothing  further  was  done  until  New  York  ap- 
propriated three  millions  more.  That,  too,  was 
e.xhausted  without  completing  the  road,  and 
finally,  instead  of  building  the  road  in  six 
years,  as  was  projected  in  the  outset,  it  required 
seventeen  years,  and  instead  of  costing  only 
eight  or  nine  millions,  as  at  first  contemplated,  it 
cost  the  round  sum  of  seventeen  millions  of 
ilollars.  But  the  road  was  eventually  com- 
pletid  ;  and  I  ask  the  gentleman  if  New  York, 
and  Pennsylvania,  aud  Ohio  could  be  induced 
to  exchange  that  railroad,  or  to  tear  up  the 
rails,  and  prevent  their  operation,  for  twice  the 
cost  of  the  road?  I  certainly  believe  they 
would  not.  In  New  York,  all  the  property 
along  that  route  has  risen,  since  IS.oO,  from  lifty 
to  three  hundred  per  cent,  in  value. 


Gth  day. 


PACIFIC  IIAILROAD. 


185 


Saturday.] 


Collins. 


[July  9. 


I  wish  to  call  the  attention  of  gentlemen  to  |  certainly ;  but  now  three  years  and  a  half 
this  point:  They  contend  that  the  railroad  ,  have  elapsed,  and  they  have  only  about  twenty- 
will  be  constructed,  wliether  we  give  it  our  j  five  miles  completed.  I  do  not  believe  the  road 
help  or  not.  I  have  no  doubt  of  it ;  but  the  !  will  be  completed  for  several  years  to  come, 
question  is,  whether  the  offer  of  an  appropria- 1  because  the  conformation  of  the  country,  and 
tion  of  three  millions  will  not  be  a  great  ad-  ]  its  geological  structure  between  here  aod  Cali- 
vantage  and  assistance,  and  greatly  hasten  the  j  fornia,  is  comparatively  utilinown.  It  is  a  terra 
completion  of  the  road.  Much  has  been  said  ;  inccgnita.  They  hardly  know  whether  the  road 
relative  to  the  impossibility  of  securing  the  ;  is  to  pass  through  trap,  or  talc,  or  slate,  or 
investment  of  capital.  It  is  not  to  be  expected  '  gravel,  or  hard  blue  rock.  But  the  greater  the 
that  the  capital  is  coming  from  California,  difficulties  to  be  encountered,  the  more  earnest 
where  the  percentage  is  so  ruinously  high  ;  or  \  should  we  be  to  press  the  work  forward  to  an 
from  Nevada,  where  the  percentage  is  still  j  early  completion,  because  it  is  with  us  a  matter 
higher.    But  in  proportion  as  the  value  of  a  >  of  absolute  necessity. 

railroad  challenges  the  attention  of  the  capital  i  I  regard  this  proviso  as  practically  offering 
of  the  globe,  in  the  same  proportion  will  the !  a  premium,  in  order  to  hasten  the  railroad, 
capital  of  the  globe  run  in  the  direction  of  that ,  Now  let  us  look  at  the  influence  naturally  and 
railroad.     The  very  fact  that  the  Constitution  I  necessarily  exerted  by  premiums.    A  premium  is 


of  Nevada  gives  the  Legislature  permission  to 
subscribe  three  millions  of  dollars  to  the  stock 
of  this  railroad,  will  inspire  the  capitalists  of 
New  York,  and  all  the  Easterii  States,  and  the 
capitalists  of  Europe,  with  the  idea  that  there 
is,  really,  value  in  it. 

My  colleague  has  stated  that  the  Vallejo  and 


offered,  for  instance,  by  ao  association,  for  the 
best  essay  on  a  certain  subject,  and  what  is  the 
result  ?  It  stimulates  hundreds,  and  perhaps 
thousands  of  men,  to  turn  their  attention  to 
that  particular  suliject,  and  before  you  are 
aware  of  it,  piles  of  manuscripts  may  be  accu- 
mulated, some  of  which  may  be  of  great  value. 


Marysville  Railroad  could  not  be  built.  That  |  California,  by  her  Legislature  of  ISGl,  offered 
may  be  true,  but  is  there  any  analogy  between  i  premiums  upon  certain  agricultural  produc- 
that  road  and  this?     This  is  something  which  i  tions,  and  what  has   been   the   result?      The 


is,  iu  reality,  a  national  afl\iir,  and  something, 
also,  which  is  absolutely  indispensable  to  our 
very  existence.     Nothing  can  be  said  like  that. 


farming  interest  has  been  stimulated  to  the 
rearing  of  tobacco  and  cotton,  and  the  other 
productions  for  which  premiums  were  offered, 


in  relation  to  the  road  to  which  he  has  referred.  \  and,  consequently,  new  sources  of  wealth  have 
As  the  gentleman  from  Lander  (Mr.  Warwick)  1  been  developed.  They  also,  at  the  same  time, 
has  said,  every  tiling  in  Nevada,  in  the  way  of  offered  premiums  on  certain  manufactures,  and 
living,  is  held  at  almost  starvation  prices.  We  in  less  than  two  years,  manufacturers  have 
have  to  pay  immense  freights  and  profits  on  come  up  and  received  the  prizes  for  all  those 
everything  we  consume.  Here  we  are  hemmed  |  manufactures,  from  the  hands  of  the  govern- 
in  by  mountains  on  the  east,  and  hemmed  in  by  j  meut.     I  mioht  extend  these  illustrations  in- 


the  Sierras  on  the  west,  and  freights  to  any 
part  of  our  Territory  range  from  three  to  ten 
cents  on  the  pound,  and.  at  the  more  remote 
points — at  Lander,  and  Ilumljoldt,  and  Esme- 
ralda— they  are  very  much  augmented. 

Mr.  BROSNAN  [iu  his  seat].  From  sixteen 
to  twenty-five  cents. 

Mr.  COLLINS.  Yes,  sir,  as  much  as  that. 
Now,  I  ask  gentlemen  if  there  is  not  an  abso 


definitely,  but  I  think  sufficient  has  been  al- 
ready said,  to  show  that  a  premium  will  have  a 
tendency  to  cause  men  to  press  on  with  greater 
vigor  and  energy.  If,  by  this  means,  we  can 
hasten  the  building  of  a  railroad  across  the 
mountains,  it  is  clearly  for  our  interest  to  do 
so.  As  I  have  intimated,  I  do  not  believe  that 
the  railroad  can  or  will  be  brought  ^\iihin  our 
Territory  in  less  than  six  or  eight,  or.  perhaps, 


lute  necessity  for  this  railroad.  If  those  who  j  even  ten  years,  and  if  we  can  advance  it,  or 
are  managing  its  construction  are  pressed  for  i  shorten  the  time,  as  much  as  one  yi  ar,  that  will 
money,  is  there  not  a  necessity  that  we  should  j  certainly  more  than  conipen.'^ate  us  for  this  ap- 
aid  them  as  far  as  we  can  ?  I  believe  that  ne- 1  propriation  of  three  millions  of  dollars.  I 
cessity  will  exist,  for  I  do  not  believe  that  the  ;  have  yet  to  learn,  Mr.  Chairman,  where  any 
engineers,  or  anybody  else,  can  tell  within  ten  j  system  of  internal  improvements  has  ever  pen- 
rQillions  of  dollars  what  will  be  the  cost  ofjetrated  any  section  of  the  country,  east  or 
building  the  line  of  raiload  across  the  nioun-  [  west,  north  or  south,  and  that  section  of  the 
tains  to  Nevada,  nor  do  I  believe  that  they  can  j  country  has  not  been  benefited.  The  real  estate, 
tell  within  five  years,  how  long  it  will  take  to]  and  all  other  property  in  such  sections  of  the 
build  it.  Our  warmest  hopes  are,  that  it  will  I  country,  have  invariably  been  increased  from 
be  built  in  three  years,  while  some  maintain  '  twenty-five  to  fifty  or  one  hundred  pt  r  cent,  in 
that  it  will  take  five,  and  others,  that  it  will  take  j  value.  I  refer  as  illustrations  of  this  universal 
as  many  as  ten  years  to  get  that  road  through,  j  rule,  to  the  Erie  Canal,  to  the  Pennsylvania  Ca- 


I  remember  that  when  one  gentleman  was  here, 
some  time  ago,  when  the  road  was  first  pro- 
jected, he  wanted  to  induce  me  to  procure 
subscribers  to  the  stock  on  this  side,  and  said 
that  the  road  would  be  built  within  three  years, 


nal,  to  the  New  York  Cenfral  Railroad,  to  the 
Erie   Railroad,   and    to    that    railroad    which 
crosses  the  Green  Mountains,  and  by  that  route 
connects  Boston  with  the  great  West. 
And  allow  me  here  to  refer  to  one  interesting 


186 


PACIFIC  RAILROAD. 


[Gth  day. 


Saturday.] 


Gibson— Collins— DeLoxg — Chairman- Hovkt. 


[July  9. 


fa?t.  I  renioniber  distinctly,  tlmt  after  New 
York  had  Sfciind  the  trade  of  the  West  by 
mean*  of  her  railroads  to  the  Hudson  River, 
down  which  that  trade  was  carried  through- 
out the  year,  with  the  exception  of  a  fev; 
nio'iths  in  the  winter  season,  Boston  ingen- 
iously tapped  that  commerce  at  Alliaiiy  by 
mean's  of  the  Western  Railroad,  and  during  the 
winter  months  inana;:ed  to  carry  it  about  all 
oft".  New  York  suffered  Immensely  in  conse- 
quence, and  New  York  in  self-defense  had  to 
create  a  companj-  to  open  a  railroad  direct  to 
Albany.  And  they  are  employing  that  rail- 
road successfully  at  tlie  present  day.  and 
thereby  protecting  themselves  against  the  en- 
croachments of  Boston.  And  I  ask  if  the  prop- 
erty all  along  the  line  of  all  these  railroads 
ha.s  not  been  immensely  augmented  ia  value  in 
consecjuence  of  this  construction? 

1  repeat,  therefore,  that  however  much  rail- 
roads have  injured  individuals,  they  have 
always  benetited  the  public.  I  do  not,  lor  one, 
pretend  to  say  that  this  Pacific  Railrond  is 
going  to  fill  the  pockets  of  its  stock-holders. 
although  it  may  look  very  plausible  at  present. 
"iet.  even  if  it  ruins  the  stock-holders,  it  is 
nevertheless  going  to  benefit  ttiis  State  and  the 
nation.  If  the  ai)i)ropriation  of  tljree  millions 
of  dollars  s^all  prove  to  be  a  dead  loss  to  the 
Territory,  so  far  as  the  money  is  concerned,  it 
will  nevertheless  benefit  the  Territory  in  the 
end.  to  the  extent  of  perhaps  flfty  or  a  hund- 
red millions  of  dollars. 

My  colb-ague  from  Storey  (Mr.  DeLong)  has 
told  us  huw  much  advantage  was  to  be  derived 
from  the  construction  of  a  railroad  that  should 
Btrike  tlie  Sierra  Nevadas,  running  from  the 
more  populous  portions  of  our  Territory,  and 
entering  the  mountains  at  some  point  where 
water  and  wood  may  l^e  liad  in  abundance.  I 
say  that  simple  f.ict  itsilf  should  be  sufficient 
to  induce  us  to  use  all  thi'  iiilhi'Mice  we  can  to 
push  forward  this  work  in  order  to  bring  our- 
eclves  ill  direct  communication  with  the  moun- 
tains. I  presume  that  millions  upon  millions  of 
tons  of  i|iiart/,  in  Storey  County  are  regarded 
to-day  as  utterly  worthless,  which,  if  such  com- 
munication were  opened,  would  enrich  the 
owners,  and  give  employment  t(}  thousaiidsand 
tens  of  thousiinds  of  lal-oring  men  in  this  Ter- 
ritory. All  th'y  need  is  to  have  a  railroad  to 
convey  it  to  some  i)oint  where  wood  and  water 
are  abundant. 

And  we  have  other  advantages  to  consider. 
Look  at  th(.>  enormous  expense  of  freights. 
amounting,  according  to  soin(!.  to  six  millions. 
and  according  to  oth<?rs.  to  as  high  as  eight  or  ten 
millions  of  dollars  a  year,  ami  I  have  heard  of 
eomf  statisticians  carrying  the  estimate  up  as 
high  as  twelve  millions  per  annum.  Look.  too. 
at  till-  niimlier  of  pU'^seng'Ts  who  have  crossed 
the  mountains.  During  the  last  year,  Louis 
McLane  k  Co's  Pioneer  Line  have  carried 
nineteen  thousand  pa.sseDgc.Ts  from  Nevada  to 
Saeramentr).  That  is  nearly  .$400,000  for  that 
company  alone. 


Mr.  GIBSON.  Their  profits  last  year  amount- 
ed to  over  8400,000. 

Mr.  COLLINS.  I  have  no  doubt  of  it  what- 
ever. Now  let  us  look  at  one  other  point. 
Besides  the  cheap  rate  at  which  quartz  could 
be  conveyed  to  the  mills,  and  the  reduction  iu 
the  cost  of  freights  and  passage,  there  would 
be  a  great  saving  of  time.  As  the  gentleman 
from  Lander  (Mr.  Warwick)  has  justly  re- 
marked, a  day  and  a  half  of  time,  or  more 
than  that,  perhaps,  would  be  saved  in  the  jour- 
ney between  here  and  Austin.  Look,  for  in- 
stance, at  the  enormous  iuvestmeuts  which  our 
merchants  are  oldiged  to  make  in  consequence 
of  the  time  consumed  in  transportation. 

Mr.  DeLONG.  I  wish  to  ask  the  gentlemaa 
a  question.  I  desire  to  ask  him  if  he  will 
consent  to  this  proviso,  or  one  embodying 
the  same  ideas,  for  this  is  rather  roughly 
drawn  ?  If  so,  he  and  I  could  agree,  I  think, 
on  this  question,  if  nobody  else.  I  propose  to 
strike  out  the  proviso  as  it  now  stand.*,  and  in- 
sert this : — 

"Provided:  That  the  State  may  issue  railroad  bonds 
to  an  amount  not  exceeding  three  millions  of  dollars, 
bearing  interest  at  seven  jjer  cent,  per  annum,  on  such 
terni.s  as  the  Legislature  may  prescribe,  to  the  com- 
pany tliat  shall  first  conunence  and  continue  to  its 
c(inii)li'tion  a  niilmud  witliin  this  State,  until  the  sum 
of  tliri-e  millions  of  dollars  shall  be  expended  iu  con- 
structing such  road  within  tliis  State,  which  railroad 
shall  connect  this  State  with  the  navigable  waters  of 
California,  or  with  the  navigable  waters  of  the  Mis- 
sissippi Hiver  ;  but  no  law  to  issue  bonds  shall  be 
(  Hrctivi^  unless  sanctioned  by  a  vote  of  the  peojile  at  a 
spicial  cU'ttiou  called  for  that  i)urpose,  and  not  until 
siii-h  railroad  company  shall  be  shown  to  have  actually 
cxpindid  the  sum  of  thrci'  millions  of  dollars  in  the 
construction  of  said  road  within  this  State." 

Mr.  COLLINS.  I  apprehend  that  the  prop- 
osition cannot  ))e  entertained  by  the  Conven- 
tion, at  least  at  this  time. 

The  CHAIRMAN.  A  wide  range  has  been 
allowed  to  the  discussion,  for  the  reason  that 
no  point  of  order  has  been  raised,  but  the  ques- 
tion immediately  before  the  committee  is  the 
amendment  of  the  gentleman  from  Storey,  (Mr. 
Hovey),  to  strike  out  the  words,  "  the  com- 
pany that  shall  first  complete  a  railroad  to 
the  State  line,"  and  insert  instead  the  words, 
"  to  some  railroad  to  bo  built." 

Mr.  IIOVKY.  By  the  consent  of  the  com- 
mittee, I  will  niodity  my  amendment  by  insert- 
ing the  word  -'any"  in  place  of  "some." 

The  CHAIRMAN.  The  Secretary  will  make 
the  alteration. 

Mr.  COLLINS.  Much  has  been  said  against 
this  policy  of  State  aid.  Well,  I  am,  for  one, 
opposed,  as  a  matter  of  principle,  to  granting 
State  aid  to  any  institutions,  unless  there  be 
and  can  be  shown  upon  their  face  very  extia- 
ovdinary  reasons  for  granting  such  aid.  But 
this  great  enterprise  of  uniting  l)y  railroad 
communication  the  waters  of  the  Atlantic  with 
tho.se  of  the  Pacific,  this  great  inter-oceanic 
railroad  across  the  continent,  occurs  to  me  to 
l>e  one  of  the  grandest  and  most  sul)lime  move- 
ments of  this  or  any  age.  Those  vast  monu- 
ments which  now  stand  as  the  especial  wonders 


6th  day.] 


PACIFIC  RAILROAD. 


187 


Saturday,] 


Collins — DeLong. 


[July  9. 


of  the  world,  from  the  pyramids  of  Egypt 
down,  I  tbiuk,  will  sink  into  insignificance  by 
the  side  of  this  great,  this  stupendous  under- 
taking, which  is  ultimately  to  give  the  com- 
merce of  the  globe  to  the  people  of  the  United 
States.  Every  community,  every  people,  that 
has  ever  had  the  control  of  the  commerce  of 
the  Indies,  has  been  enriched  by  it.  It  has 
gradually  and  surely  given  to  every  such  nation 
the  broom  that  swept  the  ocean.  And  we  can 
see  no  reason  now,  since  the  opening  of  this 
silver  laud,  rich  in  silver  and  gold,  which  are 
the  great  commodities  clamortd  for  by  the 
East,  why  we  should  not  obtain  and  secure  the 
entire  control  of  the  commerce  of  the  western 
islands  of  the  ocean,  and  of  India,  and  of  China. 
I  therefore  look  upon  this  Pacitic  Railroad,  and 
the  ultimate  rliect  of  its  operations,  as  an  en- 
terprise which  should  challenge  the  entire  con- 
fidence, nay.  more,  the  enthusiastic  support  of 
every  American,  and  much  more  of  every  citi- 
zen of  Nevada. 

As  I  have  already  remarked,  we  ourselves 
are  hemmed  in  by  mountains.  We  are  depend- 
ent entirely  upon  the  slow  progress  of  wagons, 
of  ox,  mule  and  bull  teams  to  communicate  with 
the  Atlantic,  or  to  connect  ourselves  with  the 
Pacitic.  We  have  heard  here,  (and  I  was  glad 
to  hear  it),  that  the  enormous  capital  necessary 
to  carry  on  the  business  transactions  of  this 
State,  would  be  lessened  by  three-fourths  if 
we  only  had  a  railroad  across  the  mountains. 
That  is  undoubtedly  so,  and  that  proportion 
of  the  capital  now  employed  in  our  busi- 
ness operations  would  then  be  unlocked  and 
ready  fur  investment  in  other  departments 
of  material  progress  and  development.  Our 
heavy  merchants  now  have  to  lay  in  for  the 
winter,  stocks  of  goods  to  the  amount  of  a  hun- 
dred or  two  hundred  thousand  dollars  each, 
whereas  if  we  had  a  railroad  communication 
with  California,  twenty  or  twenty-five  thousand 
dollars  at  most  would  l:»e  sufficient  for  every 
practical  purpose.  That  would  be  an  immense 
reduction  ujion  the  investments  necessarily 
made  at  the  present  time.  Is  not  that  a  consid- 
eration wortiiy  of  our  attention,  and  worthj' 
of  the  consideration  of  every  individual  in  this 
Territory?  More  than  that,  I  say  that  a  means 
of  rapid  communication  between  Nevada  and 
the  Atlantic  or  the  Pacific  coast,  so  far  as  re- 
lates to  personal  transit,  would  be  an  immense 
advantage.  A  railroad  communication  from 
this  Territory  to  the  Atlantic  or  the  Pacific, 
would  lessen  the  expenses  of  this  Territory,  and 
thereby  increase  our  facilities  for  doing  busi- 
ness, to  the  amount  of  many  millions  of  dollars 
a  year,  independent  of  the  millions  upon  mil- 
lions that  would  be  saved  in  consequence  of  the 
reduction  in  freights.  Now  we  are  dependent 
upon  California  for  all  our  machinery.  Not- 
withstanding the  very  extraordinary  tariff  of 
from  three  to  ten  cents  per  pound,  we  have 
been  unable  to  establish  foundries  here  to  any 
considerable  extent,  and  therefore,  practically. 
we   are    dependent   entirely   upon  California. 


We  are  dependent  upon  that  State  also  for  our 
breadstuffs,  for  our  clothing,  and  to  a  certain 
extent,  even  for  our  fuel  for  carrying  on  our 
mining  operations.  How  very  important  it  is, 
then,  that  we  should  adopt  measures  liy  which 
we  can  place  ourselves  in  direct  communica- 
tion with  the  Golden  State. 

I  was  remarking  that  this  premium  which  we 
propose  to  offer,  would  operate  to  stimulate 
this  railroad  company.  I  do  not  absolutely 
know,  liut  I  am  strongly  impressed  with  the 
conviction,  (although  I  would  not  like  to  ex- 
press a  positive  opinion  at  present.)  that  the 
amendment  suggested  by  my  colleague  from 
Storey,  (Mr.  DeLong,)  which  would  forbid  the 
giving  of  any  portion  of  this  money  to  the 
company  until  the  entire  three  millions  shall 
be  expended  in  our  own  Territory,  would  op- 
erate rather  as  a  check  upon  the  construction 
of  this  railroad,  than  as  a  stimulus.  I  think, 
if  we  give  three  millions  of  dollars  when  they 
shall  have  completed  the  road,  and  stocked  it 
with  rolling-stock  to  the  State  line,  it  will  be 
as  much  as  cau  be  expected  from  us,  and,  per- 
haps, no  more  than  we  ought  to  do.  I  would 
like  to  have  it  distinctly  understood,  however, 
that  these  three  millions  of  ours  shall  not  be  ap- 
plied to  furnishing  the  road  with  rolling-stock. 
When  that  amendment  shall  be  made,  and  an- 
other amendment,  which  I  hope  will  be  pre- 
sented— not  that  it  is  of  any  particular  value, 
but  simply  to  prevent  the  enemies  of  the  State 
Government  from  harping  upon  it  before  the 
people — then  I  hope  this  section  will  pass.  I 
am  impressed  with  the  conviction,  that  how- 
ever important  this  enterprise  is  to  our  very 
existence — to  our  very  life  as  a  community — 
there  will  l^e,  nevertheless,  men  passing  through- 
out the  State  during  the  canvass,  who  will  en- 
deavor to  impress  upon  the  people  the  idea 
that  this  provision  is  mandatory  upon  the  Le- 
gislature— that  it  requires  them  to  loan  three 
millions  of  dollars — and  that  therefore  tlie  peo- 
ple must  pay  the  interest  on  that  State  loan, 
from  and  after  the  time  when  their  State  or- 
ganization enters  upon  its  existence. 

The  CHAIRjIAN.  Will  the  gentleman  al- 
low me  to  suggest  that  that  argument  was  used 
last  fall. 

Mr.  COLLINS.  I  am  aware  of  it.  Now,  sir, 
I  would  not  use  the  word  '•  State,"  where  it  is 
first  used  in  the  proviso,  but  rather  the  word 
'•  Legialature,"  for  that  word  "State,"  would 
imply  the  idea  that  the  State  is  now  organized, 
and  it  will  be  contended  that,  by  virtue  of  the 
Con.'^titution,  the  Legislature  is  compelled  to 
take  this  action.  I  would  say,  rather,  that  the 
Legislature  mav,  if  the  interests  of  the  State 
shall  require  it,'is,sue  these  bonds.  That  would 
prevent  all  the  pettifogging  aliout  the  Legis- 
lature being  peremptorily  required  to  do  it. 
Why,  I  have  no  doubt  that  men  will  be  found 
on  the  stump  advocating  tlie  idea  that  in  law, 
the  words  "  the  State  may,"  means,  '•  the  State 
shall." 

Mr.  DeLONG.     That  amendment  has  been 


188 


PACIFIC  RAILROAD. 


[6th  day. 


Saturday.] 


Coi-Lixs— DeLoxg— DcxNE— Earl. 


[Jhly  9. 


made  already.    I  think  it  was  made  yester- 
day. 

Mr.  COLLINS.  I  must  have  been  a  Rip  Van 
Winkle,  then,  for  I  certainly  was  not  aware  of 
it 

The  Cn.VIRMAN.  I  think  no  such  ainend- 
meiit  wiis  niii'li'  yesterday. 

Mr.  DkLOXG.  Tossibly  I  am  in  error  about 
it. 

Mr.  COLLINS.  I  do  hopa  that  we  shall 
make  everythinjr  in  this  Constitution  so  clear 
and  plain,  that  there  can  be  no  opposition  to  it 
on  tlic  ground  of  ambi'ruity,  and.  at  the  same 
tiiiu'.  that  we  shall  make  it  as  \)v'wS  as  is  con- 
sistent with  its  perfection  and  its  perspicuity. 
I  feel  that  the  time  has  arrived  when  we  need 
a  State  Government ;  but  I  should  be  very 
sorry  to  see  this  whole  clause,  permitting  the 
State  to  loan  her  credit  in  aid  of  a  railfoad, 
stricken  out;  or,  on  the  other  hand,  to  see  any 
geuL-ral  clause  adopted,  permitting  the  State  to 
loan  her  credit,  witiiout  restriction,  to  any  very 
great  extent.  I  do  think  it  important,  so  far 
as  that  is  concerned,  that  the  Legislature  should 
be  restricted.  But  in  respect  to  this  great 
movement,  this  grandest  scheme  of  our  age 
and  nation  ;  this  nieasnre  which  the  people  are 
cl.imoring  for.  and  iiave  been  clamoring  for  at 
the  very  top  of  their  lungs  for  the  last  fifteen 
years ;  this  measure  that  has  been  carried 
through,  by  the  greatest  effort,  in  the  Congress 
of  tiie  United  Slates  at  Washington,  over  the 
opposition  of  those  who  are  hostile  to  all  im- 
provements tending  to  tiie  benefit  of  tlie  free 
State.'; — I  do  hope,  now  that  the  Federal  Gov- 
ernment has  taken  hold  in  earnest,  now  that 
Congress  has  made  litjeral  donotions  of  land 
and  money,  now  that  the  government  has 
shown  its  liberality  Ijy  pr'rmitting  the  company 
to  issue  its  own  Ijonds  to  take  precedence  of 
tlie  Itonds  of  the  United  States,  standing  re- 
spoiisilile  for  the  payment  of  tlieir  interest — I 
do  hope.  I  .say,  that  the  people  of  Nevada  will 
also  Ije  willing  to  take  hold,  and  give  to  tliis 
enterprise  an  earnest  support,  in  cooperation 
witli  the  Federal  Government.  I  think  that 
our  refusal  to  do  so  at  this  tini",  when  it  has 
been  lirought  liefure  ns,  would  tend  more  to 
cripjile  that  company,  than  many  millions  of 
dollars  would  aid  it.  I  think  that  the  opera- 
tion of  such  a  refusal  would  be  to  discourage 
capi»alists,  l)ecause  tliey  know  our  peculiar  lo- 
cation, and  they  know  that  no  people  in  the 
World  conhl  enjoy  such  benefits  and  privileges, 
resulting  from  the  success  of  an  enterprise  of 
this  kind,  as  the  people  of  Nevada.  Ttiey  know 
tliat  N'-vada  is  dependent  upon  tliis  railroad 
for  all  she  consumes,  and,  to  a  great  extent,  for 
the  shipment  of  her  mineral  wealth.  They 
know  tliat  such  a  road  would  enable  us  to 
transport  our  richest  ores  to  a  region  where 
they  might  bi;  rednced  at  comparatively  little 
expense.  Knowing  all  tiiese  things,  they  would 
feel  that  if  tin'  people  of  Nevada  would  not  in- 
tcH'st  th'-mscUes— if  they  would  not,  under 
careful  regulatious.  restrictions,  and  safeguards, 


first  by  the  action  of  the  people  through  their 
Legislature,  and  next  by  the  sanction  of  the 
people,  after  such  legislative  action,  give  aid 
to  sue!)  an  enterprise,  then  it  nuist  be  some- 
thing in  regard  to  whicii  they  should,  certainly, 
be  careful,  and  in  which  the  investment  of  their 
money  would  be  a  matter  of  doubtful  pro- 
priety. 

Why  should  the  State  aid  the  Pacific  Rail- 
road ?  Why,  sir,  tliis  enterprise  has  been  before 
the  people  of  these  United  States  for  fifteen 
years.  Thousands,  if  not  millions  of  people, 
have  manifested  their  interest  in  it;  and  yet, 
for  fifteen  years,  it  has  been  languishing  and 
never  has  been  started,  and,  probably,  would 
not  have  been,  for  at  least  fifteen  years  to 
come,  but  for  the  aid  of  the  General  Govern- 
ment, whicli  has  been  so  liberally  bestowed. 
It  is  an  enterprise  too  great  and  mighty  to  be 
left  entirely  to  individuals.  Now,  to  return 
one  moment,  and  I  do  not  mean  to  repeat  my- 
self— 

Mr.  DUNNE  [interrupting].  I  am  very  sorry 
to  rise  to  a  point  of  order  on  this  question,  but 
I  think  the  discussion  had  on  this  subject,  has 
been  of  tliat  character  which  it  should  only 
take  when  the  question  comes  before  the  peo- 
ple, or  before  the  Legislature.  It  has  been  a 
discussion  of  the  propriety  of  making  this  loan, 
and  that  is  a  question  with  which  we  here  have 
nothing  to  do.  Now,  as  the  gentleman  has  oc- 
cupied twice  the  time  allowed  by  the  rules,  as 
we  propo.se  to  adjourn  at  twelve  o'clock,  and 
hold  no  further  session  until  Jlonday  morning, 
and  as  it  is  very  desirable  to  have  the  article 
passed  to  its  engrossment,  so  that  we  may  not 
bu  kept  waiting  for  it — I  will  not  make  any 
point  of  order,  but  would  call  the  gentleman's 
attention  to  the  necessity  of  coming  to  a  vote 
immediately. 

Mr.  EARL.  I  hope  the  discussion  will  take 
as  wide  a  range  now  as  each  and  every  mem- 
ber desires,  because  of  its  iniportaiice,  and  be- 
cause the  discussion  has  already  taken  a  very 
wide  range. 

Mr.  COLLINS.  I  should  be  very  sorry  to 
bore  this  Convention,  but  I  do  look  upon  this 
as  one  of  the  most  important  questions  that 
can  come  before  us,  and  I  do  hope,  therefore, 
that  the  discussion  will  be  allowed  to  take  a 
!  wide  range,  and  that  every  member  will  be  al- 
I  lowed  to  express  himself  freely  and  fully  upon 
!  it,  so  tliat  we  may  pass  this  jirovision,  if  we  do 
{pass  it,  with  the  distinct  and  perfect  under- 
I  standing  of  each  and  every  member  of  this 
Convention. 

!      Now,  1  desire  to  call  the  attention   of  the 

Convention  to  the  very  ingenious  opposition 

which  has  been   made   to  this  measure   by  my 

I  learned   friend  and  colleague   (Mr.    DeLong). 

I  He  has  raised  the  bugliear  of  the  rates  of  iii- 

I  tere.st,  as  an  argument  in  opposition   to   our 

'  giving  aid  to  the   railroad.     Now.  if  I  were  to 

I  present  to  this  body  one  reason  which  I  believe 

to  be  stronger  than  another,  wiiy  the  rates  of 

;  interest  should  be  cut  down,  and  wLy  it  would 


6tli  day.] 


PACIFIC   RAILROAD. 


1S9 


Saturday,] 


Collins — Fitch — Nourse. 


[July  9. 


be  cut  down,  it  would  be  the  introduction  of  a  I  experience  in  railroad  matters,  that  it  will  take 
railroad  into  the  State  of  Nevada,  connecting  much  longer  to  complete  this  road  across  the 
us  with  the  outside  world.  Because  that  would  mountains,  than  gentlemen  may  suppose.  I 
tend  to  develope  our  resources  more  than  any- 1  have  had  a  good  deal  of  experience  in  rail- 
thing  else  that  could  possibly  be  devised.  Just  road  matters,  having  always  talcen  great  inter- 
in  proportion  as  our  resources  are  developed, !  est  in  them,  and  contributed  as  liberally  to  aid 
and  our  products — our  rich  ores  and  our  bul-  \  them  as  I  was  able  to  afford,  and  never  yet 
lion — -find  their  markets,  in  the  East,  in  the  |  have  I  been  forced  to  regret  the  efforts  I  have 
"West,  and  in  Europe,  just  in  that  proportion  made  in  their  behalf.  But  my  experience 
will  the  attention  of  capitalists  be  challenged  j  teaches  me  to  anticipate  that  this  Sierra  Nevada 
to  the  region  of  country  which  produces  such  1  range  of  mountains,  which  the  Pacific  Railroad 
rich  products.  The  cupidity  and  avarice  of  j  must  cross,  will  }  rove  to  be  an  obstacle  requir- 
capitalists  will  be  stimulated,  and, consequently, ;  ing  a  longer  time  to  surmount  than  we  have, 
capital  will  rush  to  this  country  for  investment,  ]  at  the  present  time,  the  least  conception.  I 
and  the  rat-tat  tat  of  mills  will  be  heard  by  I  fear  it  will  take  as  many  as  ten  years,  and  I 
thousands,  where  they  are  heard  now  only  by  j  should  not  be  at  all  astonished  if  it  required 
scores.  All  these  causes  would  operate  in  our  ;  fifteen,  although  it  may,  possibly,  be  ac- 
favor ;  and  before  we  were  aware  of  it,  our  complished  in  six  or  seven  years.  But,  I  ask, 
State  would  be  flooded  with  money,  and  it '  are  we  to  be  deterred  from  giving  this  privi- 
woull  be  cheap  in  proportion  to  the  extent  of  lege  to  the  people  of  Nevada  of  aiding  that 
its  abundance  among  us.  I  agree  with  my  col- 1  road,  whenever  it  shall  have  surmounted  thac 
league,  that  the  system  which  exacts  such  a  ,  obstacle,  simply  because  in  Storey  County  our 
heavy  per  centage  of  interest,  is  a  great  draw-  J  attorneys  happen,  at  this  particular  time,  to  be 
back  to  any  country;  but  I  believe  that  a  rail-  tied  up.  and  likely  to  be  so  until  next  Novem- 
road  would  be  able  to  attract  the  attention  ber?  The  probability  is,  that  before  the  rail- 
of  capitalists  hither,  to  such  an  extent  as  to  ,  road  shall  be  completed  across  those  mountains, 
lessen  the  rate  of  interest,  and  a  railroad,  j  we  shall  be  in  a  condition  of  great  prosperity, 
therefore,  is  one  of  the  best,  readiest,  and  most  i  A  revolution  may  transpire,  and  prosperity 
effective  means  of  lessening  it.  |  may  return,  in  this  fast  age,  before   we   are 

Now,  there  is  another  point  to  which  I  desire  called  upon  to  issue  those  bonds,  or  before  we 
to  refer,  and  that  is,  the  hard  times.  My  friend  j  are  ever  called  upon  by  the  Legislature  to  de- 
and  colleague  was  very  earnest  upon  that  point.  ;  cide  at  the  polls,  whether  or  not  we  shall  grant 
I  see  he  is  suffering,  to  some  extent,  under  a  fit    this  aid. 

of  the  blues,  and  I  want  to  give  the  Convention  j  And  again,  suppose  the  times  should  be  hard, 
a  little  of  the  rationale  of  it.  We  have  law-  and  suppose  that  the  Legislature  should  fail  to 
yers  in  our  county  so  numerous,  that  it  is  said  '  pass  a  bill  to  provide  for  granting  aid  to  this  rail- 
two  of  them  are  obliged  to  ride  on  one  and  the  i  road  if  the  people  shall  desire  to  do  so.  The  gen- 
same  mule.  [Laughter].  They  have  a  calendar  tleman  tells  us  that  the  road  will  be  built  just 
iu  the  couit  there,  which  has  nearly  four  hun- !  as  soon  without  this  aid  as  with  it  ;  and  suppose 
dred  cases  upon  it,  but  by  reason  of  the  ab-  i  the  Legislature  shall  come  to  ihe  conclusion 
sence  of  our  judges,  at  the  time  specified  by  that  the  people  are  really  unable  to  lend  this 
law  for  the  session  of  the  courts,  those  cases  '\  three  millions  of  dollars.  Why,  in  that  event, 
cannot  be  tried,  and  these  gentlemen,  being  '  the  Legislature  would  doubtless  refuse  to  pass 
thus  virtually  tied  up,  are  exceedingly  poor.  I  the  bill,  or  even  if  they  did  pass  it,  it  is  still 
Under  these  circumstances,  they  feel  that  the  ;  left  for  the  people  to  decide,  and  the  people 
whole  community,  which  is  really  alive  with  '  may  reject  it.  The  only  question  here  is,  shall 
activity  and  business,  is  sympathising  with  I  we  deny  to  the  people  the  privilege  of  granting 
them.     They  think  that  the   whole  community    this  aid,  whether  they  are  able  to  grant  it  or 


is  suffering  from  poverty  and  embarrassment, 
simply  because  they  are  poor. 


not.     For  one,  I  say  I  want  to  give  them  that 
privilege  ;  and  I  say  we  do  injustice   to   the 


Now,  my  colleague  talks  to  us  as  though  he  ;  people  of  the  State,  and  injustice  to  the  enter- 
expected  these  three  millions  of  dollars  would  i  prise,  by  refusing  our  influence,  our  moral 
be  calkd  from  the  State  at  once  ;  but,  on  the  ;  influence,  at  least,  in  support  of  this  great  en- 
contrary,  the  section  before  us  contemplates !  ttrprise.  I  am  grateful  to  the  Convention  for 
that  it  will  not  be  called  for  until  the  State  ;  the  audience  it  has  given  me,  and  I  will  occupy 
line  is  reached  by  the  railroad ;  and  my  col-  no  more  time  ou  this  important  subject, 
league  need  have  no  fears  that  the  road  will  be  j  Mr.  FITCH.  I  desire  only  to  say  this:  The 
extended  to  that  line  for  several  years  to  come.  |  argument  of  my  colleague,  (Mr.  DeLong'),  if  it 
But  he  is  now  disposed  to  protract  that  time  j  proves  anything,  proves  too  much.  He  says, 
three  or  four  years  longer,  by  providing  that  j  very  correctly,  that  capitalists  will  not  invest 
the  three  millions  of  dollars  propo.sed  to  be  i  in  railroad  enterprises,  because  they  can  re- 
loaned  by  the  State,  shall  not  be  expended  on  !  ceive  larger  rates  of  interest  in  other  invest- 
the  line  of  this  great  railroad,  which  is  to  unite  1  ments.  Now,  if  that  be  the  case,  then  clearly 
the  two  oceans,  until  it  shall  have  reached  our  [  the  only  way  to  build  the  road  at  all  is  by  pub- 
own  Territory.  Now,  I  verily  believe — and  1 1  lie  aid. 
am  sorry  to  be  forced  to  believe  it— from  my       Mr.  NOUKSE.    I  have  but  a  word  to  say 


190 


PACIFIC   RAILROAD. 


[6th  day. 


SaturJay.] 


HOVEY — E.VKL. 


[July  9. 


upon  the  nmcudment.  When  the  question 
Comts  up  upon  my  iiuieiulinout,  striking  out 
the  chiuse,  1  .-ball  ask  for  the  closing  argu- 
nn-'iit,  as  is  customary.  I  believe,  iu  such  cases  ; 
but  just  uow.  1  merely  wish  to  call  attentiou  to 
one  clause  iu  the  proposed  ameiulment,  and 
that  is  the  phnuse— "  any  railroad."  It  pro- 
vides that  the  Legi.-;lature  may  issue  bonds, 
etc.,  to  •■  any  railroad."  I  suppose  that  cannot 
be  construed  otherwi.se  than  as  applying  to  a 
duZ'.'U  railroads,  if  so  many  should  be  built.  1 
dfsire  to  call  especial  attention  to  that.  When 
the  word  "  some  "  was  used,  it  confined  the  ap- 
propriation to  the  one  railroad  ;  but  if  yon 
ful)stitute  the  word  "  any,"  then,  if  one  rail- 
road gets  it,  it  may  be  demanded  by  any  and 
all  other  railroads. 

Mr.  IIOVEY.  I  will  insert  in  the  amend- 
ment the  word"  one,"  so  that  it  will  read,  "any 
one  railroad." 

Mr.  EAllL.  This  discussion  has  taken  a  very 
wide  range,  but  I  should  regret,  as  I  remarked  a 
short  lime  ago,  to  see  it  dropped  wh(  re  it  is.  I 
think  many  uf  us  do  not  understand  the  amend- 
ments olfered.  and  many  gentlemen  are  in 
doubt  as  to  what  action  they  ought  to  take  in 
that  mitter.  There  have  been  able  and  ingen- 
ious speeches  made  on  the  subject  on  both 
Bides.  Now,  so  lar  as  I  understand  the  amend- 
meut,  it  anticipates  the  expenditure  of  capital 
in  crossing  the  Sierra  Nevada  mountains,  if 
necessity  shall  require  it,  and  1  fully  concur  in 
that  amendment.  I  would  not  be  so  selfish  as 
to  desire  to  check  the  progre.ss  of  the  railroad 
at  any  particular  point,  merely  because  some 
portion  of  our  money  might  be  expended  be- 
yond our  Slate  lines.  If  my  own  particular 
views  could  have  been  consulted,  I  w'ould  have 
said  that  we  should  give  the  railroad  com- 
pany three  milliotis  whenever  the  road  shall  I 
reach  a  certain  point,  and  wluni  it  reaches  the  [ 
Suite  line,  near  Crystal  Peak,  three  millions  j 
more.  That  is  a  basis  which  we  might  witli 
propriety  act  upon,  and  not  cut  ourselves  olf' 
Irom  doing  anything  to  aid  in  s  curing  a  rail- 
road conununicatiou.  The  working  of  our 
mines  would  be  advanced  by  securing  this  rail- 
road communication,  to  an  extent  almost  be- 
yond imagination,  and  it  is  inii)0ssible  to 
estimate  the  lieiufit  which  would  result  to  the 
liilxjring  classes  from  the  development  of  the 
poorer  chiss  of  mines.  As  to  the  State  investing 
in  stock,  that  question  with  me  is  not  a  matter 
of  argument.  So  far  as  such  investments  go,  1 
say.  hhow  me  a  case  where  such  investments 
have  ever  proved  to  be  good  investments.  I 
have  yet  to  learn  of  such  an  instance ;  allhoutrh 
I  have  observed  the  fluctuations  of  stocks  for 
a  long  [)eriod  of  time,  I  have  yet  to  see  where 
the  lirst  investment  of  this  kind  in  a  railroad 
enlerpri.se  has  proved  to  be  a  good  investment. 
But  that  is  not  the  jioiiit.  These  enterprises 
are  a  great  help  to  a  certain  class  of  people,  to 
wit,  the  laliuring  class,  and  they  are  of  im- 
mense importance  in  the  develo](ment  of  a 
country.  I  remember  that,  in  Indiana,  before 
there  were  any  internal  improvements,  the  farm- 


ers were  selling  their  corn  at  six,  eight,  and  tea 
cents  per  bushel.  Then  a  canal  was  constructed 
and  the  price  rose  to  two  bits  per  bushel  ;  and 
then  the  railroad  came  along,  and  it  rose  at  once 
to  fifty  and  seventy-five  cents  a  bushel.  That 
was  the  work  of  the  railroad  iu  that  State, 
although  the  investments  in  the  railroad  may 
not  have  proved  the  best  in  the  world. 

Now  it  is  said,  I  know,  thai  "  a  buint  child 
dreads  the  lire,"'  and  it  may  be  that  in  Minnesota 
the  working  of  their  system  of  internal  improve- 
ments was  bad  ;  Ijut,  nevertheless,  it  does  not 
follow  that  such  a  system  will  be  bad  here.  We 
do  not  propose  to  offer  aid  to  any  particular 
road,  but  we  propose  to  offer  a  premium  to  the 
road  that  shall  be  first  built,  so  as  to  give  ua 
communication  with  navigable  waters.  They 
are  to  build  the  road  first,  and  then  they  will 
get  the  premium. 

The  beneficial  results  arising  from  the  policy 
of  giving   premiums    have   already   been    re- 
j  fcrred  to,  and  illustrated  by  the  fact  that  it  has 
stimulated  the  production  of  certain  articles  in 
[California.      The   correctness  of  that  illustra- 
;  tion  I  can  verify  from  a  circumstance  within 
:  my  own  knowledge.  In  Tehama  County,  where 
!  I  resided  formerly,  no  tobacco  was  raised,  but 
I  a  large  amount  of  it  has  been  grown  there  re- 
j  cently,  in  consequence  of  the  premium  offered 
'  by  the  State  of  California.     And  the  same  ben- 
j  eticial  results  have  been  obtained  iu  California 
by  this  policy  in  regard  to  manufactures.   That 
I  is  the  true  way  to  develop  the  resources  of  a 
country.    The  General  Government  has  taken 
hold  of  this  enterprise  iu  that  spirit,  and  made  lib- 
eral donations,  and  now  are  we  to  stand  looking 
on  like  stupid  ''old  fogies,"  afraid  of  sacrificing 
a  single  dollar  for  fear  we  shall  never  get  a  re- 
turn '!    That  is  not  the  proper  way  to  do  busi- 
ness.   I  have  seen  men  start  out  in  business  in 
a  small  way,  and  never  increase  their  business 
for  fear  of  a  failure.     They  would  go  plodding 
on,  doing  a  small  and  safe  business,  trusting 
that  by  and  by,  in  some  way  they  might  rise. 
Perhaps  they  might  do  so   if  they  lived  long 
enougli,  and    perhaps,   on   the   contrary,    they 
might  die  of  old  age  before  they  would  achieve 
that  success,  which  more  enterprising  men  are 
dailj'  winning. 

Now.  if  we  invest  in  this  enterprise  six  mil- 
lions of  dollars,  or  three  millions,  as  the  section 
stands  now,  would  we  ever  get  any  adequate 
return  ?  That  is  tlie  question.  Let  us  look  at 
the  practical  working  of  this  matter,  in  a  busi- 
ness point  of  view.  Suppose  our  investment 
builds  a  single  mile  of  tlie  road,  will  it  not 
hasten  the  completion  of  the  entire  road  that 
much  ?  If  we  get  the  road  one  year  sooner,  in 
consequence  of  our  investment,  then,  during 
that  year,  we  get  our  supplies,  our  wood,  and 
our  timber  for  the  mines,  at  greatly  reduced 
cost,  and  we  are  enalded  to  work  a  class  of 
roek  which  we  cannot  now  work  at  all.  We 
shall  get  our  freights,  and  everything  else  so 
much  cheaper,  that  the  difference  will  be  more 
than  sufricient  to  pay  the  interest  on  our  invest- 
ment.   Gentlemen  say  that  the  interest  amounts 


6th  dt\y.] 


PACIFIC  RAILUOAD. 


191 


Saturday,] 


Earl — Hovey — Lockwood. 


[July  9. 


to  too  much  for  the  State  to  pay,  and  they  apk, 
how  can  we  raise  this  amount  of  $210,000  a 
year?  Why.  sir,  the  little  city  of  Virginia 
incurs  expenses  every  year,  ainouutinn;  to 
$200,000,  and  are  we  to  stand  here  and  say 
that  this  Territory,  or  this  State,  as  we  hope  it 
is  shortly  to  become,  cannot  raise  $210,000  a 
year  ?  We  have  to  pay  the  expenses  of  not 
only  Virginia  City,  but  of  Storey  County  also, 
which  is  another  very  considerable  item.  Then 
we  have  the  expenses  of  the  city  of  Gold  Hill, 
for  that  is  a  municipal  corporation,  too,  and 
that  constitutes  still  another  considerable  bur- 
den which  has  to  be  borne  by  the  inhabitants 
of  Storey  County.  Altogether,  Storey  County 
pays  for  county  and  municipal  governments 
about  $000,000  annuallj^  And  yet  they  tell  us 
that  the  whole  State  of  Nevada  cannot  pay  this 
interest,  amounting  to  only  $210,000  annually. 
It  seems  to  me  that  such  an  assertion  is  perfectly 
absurri,  or,  at  least,  that  gentlemen  who  make 
it,  must  have  lost  sight  of  the  real  wealth  of 
our  Territory.  They  propose  that  we  shall 
move  along  slowly,  something  like  the  old  ,=tyle 
of  doing  business.  I  say,  we  have  too  much 
of  life  and  energy  for  that. 

Now,  sir,  iu  relation  to  sustaining  a  State 
Government  here,  look  at  the  advantages 
which  would  be  derived  in  a  business  point  of 
view.  It  must  be  obvious  to  every  business  man 
that  it  will  clear  away  the  clouds  that  now 
seem  to  overhang  our  prosperity.  Men  will 
see  that  the  amount  expended  by  the  State 
Government  will  be  returned  ten-fold  in  the 
course  of  trade.  And,  sir,  it  is  equally  plain, 
to  my  mind,  that  the  money  expended  in  aid  of 
this  railroad,  will  be  the  best  investment  the 
State  can  make.  It  will  give  a  great  impetus 
to  our  mercantile  business;  and,  if  it  does 
somewhat  increase  the  taxes  to  be  paid  for  the 
support  of  our  Government,  the  increase  of 
trade  will  be  more  than  sufficient  to  compensate 
for  that. 

There  is  no  question  but  that  this  railroad  is 
a  paramount  necessity  for  us,  and  now  is  the 
time  to  build  it.  I  have  thought,  for  months 
past,  that  if  we  are  to  become  a  State,  we 
ought  to  take  hold,  shoulder  to  shoulder,  and 
push  forward  this  great  enterprise.  I  think  we 
should  offlr  a  premium  for  building  the  road  a 
given  distance,  and  then  another  premium 
when  it  reaches  another  certain  distance,  and 
then,  in  three  years  time,  it  seems  to  me — I 
may  be  wrong  as  to  the  time,  but  I  hope  not — 
the  raiload  may  be  finished  down  to  the  foot  of 
the  mountains  on  this  side,  if  not  even  to  the 
city  of  Virginia.  I  estimate  that  in  one  year 
the  county  of  Storey  pays  to  Washoe  County 
alone,  enough  to  build  a  railroad  from  Virginia 
to  Washoe  City.  I  have  no  hesitation  in  say- 
ing, that  the  amount  we  pay  annually,  in 
freights,  for  timber  and  wood  brought  to  the 
cities  of  Virginia  and  Gold  Hill — for  the  entire 
amount  of  wood  and  timber  that  we  use  must 
come  from  the  Sierras  after  another  year — 
would  be  sufficient  to  build  a  railroad  over  that 


route.  I  have  not  the  slightest  doubt  of  it. 
Then  the  water-power  with  whicli  we  should 
be  conmcted,  would  be  another  very  great 
item  in  the  working  of  our  mines.  Again, 
look  at  Lander  and  Humboldt  counties,  where 
there  are  thousands  of  mines  which  cannot 
be  opened,  whose  vast  resources  must  remain 
undeveloped,  merely  for  the  want  of  trans- 
portation. In  view  of  all  these  advantages 
to  be  derived  from  the  railroad,  ought  we, 
for  fear  of  a  little  State  debt— for  fear  of 
the  expenditure  of  this  comparatively  trifling 
sum  of  money— to  withhold  our  assistance  from 
this  important  work  ?  It  Avould  be  much  better 
to  take  hold  of  it  now,  and  put  it  through  at 
once,  like  sensible,  enterprising,  energetic 
business  men. 

Mr.  HOVEY.  At  the  suggestion  of  the  gen- 
tleman from  Washoe,  (Mr.  Noiu'Sf.)  that  my 
amendment  may  be  more  clearly  understood  to 
refer  to  but  one  railroad.  I  will  modify  it,  so  as 
to  read.  "  to  some  one  railroad,"  instead  of  "  to 
any  railroad." 

The  CHAIRMAN.  The  Secretary  will  make 
the  change. 

Mr.  HOVEY.  The  object  of  this  amendment 
is,  to  give  to  the  people  of  the  State  a  chance 
to  say  whether  they  will  give  a  half  a  million, 
or  three  millions,  or  any  other  sum  under  three 
millions,  towards  the  building  of  that  tunnel, 
the  greater  part  of  which,  I  understand,  lies  in 
California. 

Mr.  LOCKWOOD.  I  do  not  wish  to  occupy 
more  than  three  minutes,  but  I  think  the  dis- 
cussion thus  far  has  been  very  unfair  to  the 
opponents  of  this  measure.  Gentlemea  on  the 
other  side  have  undertaken  to  argue  that  we 
are  opposed  to  the  Pacific  Railroad.  Why,  sir, 
in  the  beginning,  I  distinctly  disclaimed  any 
hostility  to  the  measure,  and  I  think,  if  I  had 
time,  I  could  give  cogent  reasons  which  have  not 
b(en  adduced  in  favor  of  that  enterprise.  Since 
I  came  to  California,  it  has  been  the  dream  of 
my  ambition  to  do  something,  and  to  do  every- 
thing in  my  power  for  the  promotion  of  this 
one  great  enierprise.  The  Pacific  Railroad  will 
make  San  Francisco,  on  the  Pacific  coast,  what 
New  York  is  on  the  Atlantic.  I  believe  it  will 
bring  the  wealth  of  the  world  teeming  along 
that  gi-eat  national  highway.  It  will  secure  to 
us  such  a  commerce  as  tliat  which  has  built  up 
New  York — such  a  commerce  as  that  which,  in 
ancient  times,  built  up  Thebes,  and  Carthage, 
and  those  other  glorious  old  cities,  whose  mem- 
ory and  fame  live  in  the  traditions  and  records 
of  the  past.  But  while  I  fully  believe  this,  I 
must  be  allowed  to  say  that  I  do  not  believe  ia 
the  mode  in  which  it  is  now  attempted  to  pros- 
ecute this  enterprise.  I  lay  down  this  proposi- 
tion, that  I  do  not  believe  it  will  facilitate  the 
construction  of  this  road  one  iota  to  make  this 
loan.  I  do  not  regard  this  question  as  being 
one  of  such  great  importance  as  some  gentle- 
men seem  to  look  upon  it,  because  I  trust  the 
people  ;  but  I  do  not  believe  in  cumbering  our 
Constitution  with  anything  which  is  to  be  a 


10-2 


PACIFIC  RAILROAD. 


[7th  d^. 


Monday.] 


EvKL—LocKwooD—FrrcH—HovEY— Gibson— Dlxxe—Mlrdock. 


[July  11. 


nallity.  I  am  in  favor,  first,  last,  and  all  the 
time,  of  doinsr  anything  that  we  consistently 
can  do  to  fuvor  the  pni.«ccution  of  this  gn  at 
national  wurk  ;  Imt  I  thinlv  that  when  a  gen- 
tleman rises  here,  as  one  gentleman  did  on  a 
previous  oceasion,  and  tells  us  that  two  or 
three  thousand  people  in  Virginia  City  are 
unable  to  pay  tlie  paltry  sum  of  two  dollars  a 
year  as  a  p^ll-tax.  for  the  sake  of  eonsistcncy, 
he  .should  not  rise  the  next  day  and  tell  us  they 
are  able  to  bear  the  burthen  of  still  higher 
taxation.  I  hope  the  gentleman  from  Storey 
will  remember  his  poverty-stricken  constit- 
uency in  his  advocacy  of  this  measure.  I  hope 
the  lieporter  will  put  down  my  remarks  on  this 
subject,  not  that  I  am  at  all  anxious  to  get 
into  print,  but  because  I  want  it  i)ut  plainlyon 
the  record  that  I  am  in  favor  of  the  Pacific 
hailroad.  and  that  in  opposing  this  measure  I 
am  not  seeking  to  defeat  or  hinder  that  enter- 
prise. 

Mr.  EARL.  I  suggest  that  it  is  important 
to  put  the  gentleman  down  as  being  in  favor 
of  the  racilic  Railroad,  because  from  his  course 
h'  re  his  constituents  would  certainly  class  hira 
among  those  who  are  agaiu.st  it. 

Mr.'  LOCKWOOD.  I  should  not  have  said  a 
word  further  upon  this  subject,  but  for  the 
fact  that  almost  every  gentleman  who  has 
risen  here  in  advocacy  of  this  proviso,  has 
taken  the  position  that  we  who  have  o])posed  it 
are  against  the  Pacific  Railroad — atlea.?t  that  is 
the  plain  inference  from  reading  their  speeches, 
as  published  by  the  reporters. 

Mr.  FITCH.  I  think  the  gentleman  is  in  favor 
of  the  Pacific  Railroad,  something  in  the  same 
manner  as  the  Democrats  are  in  favor  of  the 
Union,  at  the  same  time  that  tliey  are  opi)Osed 
to  all  measures  for  its  preservation. 

Mr.  LUCK  WOOD.  Now,  Mr.  Chairman,  I 
hope  that  we  shall  come  to  a  vote  on  this  pro- 
position. I  do  not  desire  to  launch  out  into  a 
speech  to  show  the  great  benefit  of  this  Pacific 
Railroad  :  how  it  would  enable  the  Government 
to  move  armies  readily,  and  so  preserve  the 
peace  of  the  republic  on  the  Pacific  sliores,  and 
all  that.  Nobody  disputes  the  fact  that  the 
road  would  be  of  immense  advantage,  not  only 
to  us,  but  to  the  entire  nation,  and  therefore  I 
do  not  prcjpose  any  thing  of  that  kind.  I  be- 
lieve it  ought  to  be  the  primary  object  of  every 
politician,  and  of  every  man  who  desires  to 
promote  lh<'  welfare  and  the  success  of  our 
Government,  to  aid,  as  much  as  he  can,  in  the 
construction  of  that  work.  I  believe  that  the 
national  aid  ought  to  be  extended  to  it,  but  I 
do  not  believe  in  inserting  a  clause  in  this  Con- 
stitution to  the  ellVct  that  the  Legishiture  are 
going  to  leave  it  to  the  people  of  Nevada  to  de- 
cide whether  they  shall  contribute  three  mil- 
lions of  dollars  towards  it  or  not.  They  cannot 
give  it  if  they  would.  lUit  I  will  not  further 
prolong  my  remarks,  because  I  presume  that  I 
am  belter  (pialified  for  tiioving  the  jiu;k-plane, 
than  for  making  speeches  before  such  a  body  as 
tblH  UouvcQllou. 


Mr.  HOVEY.  In  order  that  the  gentleman 
from  Washoe  (Mr.  Nourse)  i7iay  have  the  op- 
portunity wliicli  he  has  asked,  to  close  the  de- 
bate on  this  proviso,  on  Monday,  I  now  move 
that  the  Committee  rise,  report  progress,  and 
ask  leave  to  sit  again. 

Mr.  NOURSE.  I  hope  we  shall  first  vote  on 
this  amendment. 

The  question  was  taken  on  the  motion  to  rise 
and  report  progress,  and  it  was  agreed  to. 

IX  CONVENTION. 

The  SECRETARY  reported  that  the  Com- 
mittee of  the  Whole  had  had  under  considera- 
tion Article  VIII,  had  made  some  further  pro- 
gress therein,  and  had  instructed  him  to  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  leave  was 
granted  accordingly. 

Mr.  FITCH.  I  would  inquire  if  it  is  under- 
stood that  the  resolution  to  adjourn  over  till 
Monday  was  passed. 

The  PRESIDENT.  Yes,  sir.  It  was  re- 
solved that  when  the  Convention  adjourns  at 
twelve  o'clock,  it  adjourn  to  meet  on  Monday, 
at  eleven  o'clock. 

Mr.  FITCH.  Then  I  move  that  the  Conven- 
tion do  now  adjourn. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Accordingly,  at  five  minutes  before  twelve 
o'clock,  the  Convention  adjourned. 


SEVENTH  DAY. 

Carson,  July  11,  ISG-i. 

The  Convention  met  at  11  o'clock,  and  was 
called  to  order  l>y  the  President. 

The  roll  was  called,  and  the  following  mem- 
bers responded  to  their  names  : — 

Messr.«.  Brady,  Brosnan,  Crawford,  DeLong, 
Dunne,  Folsom,  Frizell,  Gibson,  Ilawley,  Kin- 
kead,  Lockwood,  Mason,  McClinton,  Murdock, 
J'arker,  Proctor,  Tagliabue,  Wetherill,  and  the 
President — P). 

Mr.  GIBSON.  As  there  is  no  quorum  in  at- 
tendance, I  move  that  we  take  a  recess  until 
one  o'clock,  P.  M.  I  name  that  hour,  because 
Langton's  stage,  wliich  will  bring  most  of  the 
members  from  Virginia,  will  not  arrive  until 
about  tliat  time. 

Mr.  DUNNE.    I  move  a  call  of  the  House. 

Mr.  GIBSON.    I  do  not  see  the  use  of  that. 

Mr.  MURDOCK.  I  have  been  requested  to 
ask  leave  of  absence  for  Mr.  Beldeu.  He  will 
be  here  in  the  stage  at  noon. 

Mr.  DkLONG.  This  clock  is  a  little  faster 
than  my  time,  however  it  may  be  with  others. 

Mr.  BRADY.  I  ask  leave  of  absence  for  Mr. 
Earl. 

Mr.  DUNNE.  I  object  to  granting  leave  of 
absence  to  any  one.  We  have  no  quorum,  and 
we  cannot  do  it. 


7th  day.] 


THE    ORDINANCE. 


193 


Monday,] 


Fitch — Proctor— Dunne — Collins. 


[July  11. 


The  question  was  taken  on  the  motion  for  a 
call  of  the  House,  and  it  was  agreed  to. 

Mr.  FITCH  made  his  appearance  at  the  bar, 
presented  his  excuse  for  being  absent,  and  was 
excused. 

Mr.  PROCTOR.  As  there  is  now  a  quorum. 
I  move  that  further  proceedings  under  the  call 
be  dispensed  with. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

On  motion  of  Mr.  BRADY,  indefinite  leave 
of  absence  was  granted  to  Mr.  Hudson. 

On  motion  of  ^Mr.  MURDOCK.  leave  of  ab- 
sence for  the  day  was  granted  to  Mr.  Belden. 

On  motion  of  Mr.  DUNNE,  leave  of  absence 
for  one  day  was  granted  to  Mr.  Banks. 

Prayer  was  offered  by  the  Rev.  Mr.  Nims. 

Messrs.  Banks,  Collins,  Chapin,  Hovey,  Hud- 
son, Nourse,  and  Sturtevant  appeared  and  took 
their  seats. 

The  journal  of  Saturday  was  read  and  ap- 
proved. 

EVENING  SE.SSI0N.S. 

Mr.  DUNNE.  Pursuant  to  notice,  I  move 
that  the  resolution  fixing  the  hours  of  sessions 
of  this  body  be  amended,  so  as  to  read  as  fol- 
lows : — 

Jiesnlved,  That  this  Convention  shaU,  until  otherwise 
ordered,  meet  at  nine  o'clock,  A.  M.,  (Sundays  ex- 
cepted,) and  continue  in  session  until  noon,  at  which 
time  a  recess  sliall  be  taken.  It  shall  meet  again  at 
two  o'clock,  and  hold  its  session  until  five  o'clock,  P. 
M.,  at  which  time  a  recess  shall  be  taken  until  seven 
o'clock,  P.  M.,  of  the  same  day.  This  amendment 
shall  be  in  force  on  and  after  Tuesday,  the  twelfth  in- 
stant. 

There  are  two  advantages  to  be  gained  by 
adopting  this  resolution  as  our  standing  rule. 
One  is,  that  we  shall  liave  an   evening  session, 
and  gain  an  additional  hour  at  the  noon  recess; ' 
the  other  is,  that  as  it  does  not  go  into  force ' 
until  to-morrow  night,  the  Chairman  of  the  Ju- ' 
diciary  Committee  is  allowed  one  more  chance 
of  getting  that  committee  together,  and  I  hope 
he  will  succeed  to-night  in  doing  so. 

The  question  was  taken,  and  the  resolution 
was  adopted. 

THE    ORDINANCE. 

The  Convention  proceeded  to  the  considera- 
tion of  business  on  the  general  file. 

The  Ordinance  in  relation  to  Slavery,  Reli- 
gious Toleration  and  the  Public  Lands,  was 
read  a  third  time,  as  follows  : — 

In  obedience  to  the  requirements  of  an  act  of  Con- 
gress of  the  United  States,  api^roved  March  21st,  A.  D. 
1804,  to  enaV)le  the  people  of  Nevada  to  form  a  Consti- 
tution and  State  Government,  this  Convention,  elected 
and  convened  in  obedience  to  said  Enabling  Act,  do  ! 
ordain  as  foUows ;  which  ordinance  shall  be  irrevoca- 
ble, without  the  consent  of  the  United  States,  and  the 
people  of  the  State  of  Nevada : — 

First.  That  there  shall  be  in  the  said  State  of  Ne- 
vada neither  slavery  nor  involuntary  servitude,  other- 
wise than  tor  the  ijunishmeut  for  crimes  whereof  the 
party  shall  have  been  duly  convicted. 

Second.  That  perfect  toleration  of  religious  senti- 
ment shall  be  secvired,  and  no  inhabitant  of  said  State 
shall  ever  be  molested  in  p>erson  or  property  on  ac- 
count of  his  or  her  mode  of  religious  worship. 

Third.     That  the  people  inhabiting  said  Territory 

M 


do  agree  and  declare  that  they  forever  disclaim  all 
right  and  title  to  the  unappropriated  public  lands  lying 
within  said  Territory,  and  that  th<^  same  shaU  be,  and 
remain  at  the  sole  and  entire  disposition  of  the  United 
States;  and  that  the  lands  bclonKiUK  to  tlie  citizens  Of 
the  United  States  rosidiuj,'  without  the  said  State,  shall 
never  be  taxed  higher  than  the  land  belonging  to  resi- 
dents thereof;  and  that  no  taxes  shall  be  imposed  by 
said  State  on  lands  or  property  therein  belonging  to, 
or  which  may  hereafter  be  purchased  by  the  United 
States. 

Mr.  COLLINS.     I   observe   that   there   is  a 
slight  discrepancy  between   the  Ordinance   as 
read  by  the  Clerk,  and  the  Enabling  Act.    The 
Ordinance  says,  there  shall  be  in  tlie  said  State 
[  of  Nevada,  "  neither  slavery  nor  involuntary 
I  .servitude  otherwise  than  for  the  punishment 
'  for  crimes  whereof  the  party  .«hall  have  been 
I  duly  convicted."     I   regarded    it  merely  as  a 
clerical  error,  and  therefore  hud  changed  the 
j  word  "  for  "  to  the  word  "  in,"  so  as  to  read, 
j  "  otherwise  than  in  the  punishment  for  crimes,'' 
which  is  in  accordance  with  the  language  of 
the  Enabling  Act.     As  this  is  to  be  the  official 
copy,  I  think  we  had  better  make  it  conform 
exactly  to  the  words  of  the  Enabling  Act,  and 
for  that  reason,  and  that  there  may  be  no  infor- 
mality about  it,  I  move  that  the  -word  "  for  " 
be  stricken  out,  and  the  word  •'  in,''  substituted, 
so  that  the  clause  will  read  : — 

"  That  there  shall  be  in  the  said  State  of  Nevada  nei- 
ther slavery  nor  involuntary  servitude,  otherwise  than 
in  the  punishment  for  crimes  whereof  the  ijarty  shall 
have  been  duly  convicted." 

By  unanimous  consent,  the  Secretary  was 
directed  to  make  the  alteration. 

The  question  was  taken  by  yeas  and  nays  oa 
the  final  pa.'sage  of  the  Ordinance,  and  the 
vote  resulted — yeas,  28;  nay.s,  none  —  as  fol- 
lows : — 

I'eas — Messrs.  Banks,  Brady,  Brosnan,  Chapin,  Col- 
Uns,  Crawford,  DeLoug,  Dunne,  Titeh,  FrizeU,  Fol- 
som,  Gilison,  Hawley,  Hovey,  Hudson,  Kinkead, 
Lockwood,  Mason,  McChuton,  Murdock,  Nourse,  Par- 
ker, Proctor,  Sturtevant,  TagUabue,  Tozer.Wetherill, 
and  Mr.  President — 28. 

Xaya — none. 

So  the  Ordinance  was  passed. 

TUE    PREAMBLE. 

The  preamble  to  the  Constitution  was  taken 
up  and  read  a  third  time,  as  follows: — 

PREAMBLE. 

We,  the  peojjle  of  the  State  of  Nevada,  grateful  to 
Almighty  God  for  our  freedom,  in  order  to  secure  its 
blessings,  insure  domestic  tranquillity,  and  form  a 
more  perfect  Government,  do  establish  this  Constitu- 
tion. 

The  question  was  taken  by  yeas  and  nays  ou 
the  final  passage  of  the  preamble,  and  the  vote 
resulted — yeas,  28  ;   nays,  none — as  follows  : — 

Teas — Messrs.  Banks,  Brady,  Brosnan,  Chapin,  Col- 
lins, Crawford,  DeLong,  Dunne,  Fitch,  Frizell,  Fol- 
som,  Gibson,  Hawley,  Hovey,  Hudson,  Kinkead, 
Lockwood,  Mason,  McClinton,  Murdock,  Nourse,  Par- 
ker, Proctor,  Sturtevant,  Tagliabue,  Tozer,  Wetherill, 
and  Mr.  President— 28. 

Nays — none. 

So  the  Preamble  was  passed. 


19-i 


DECLARATION  OF  RIGHTS. 


[7th  day, 


Monday,] 


Dunne. 


[July  11. 


DECLARATION   OF    BIGHTS. 

Article  I.  entitled  Declaration  of  Rights,  was 
read  a  third  time,  as  follows  : — 
ARTICLE  I. 

DKCLAnATION   OF   RIGHTS. 

Section  1.  All  men  are  by  nature  free  and  equal, 
and  have  lertaiu  inaliouabli'  riu'lits,  among  which  are 
thosi' iif  tiijoyiii^:  ami  defi'iuliiii,'  lif,.  and  liberty;  a<> 
quiriui,'.  iiu'-<s"issint:,  and  protictiuj,' ii'"<>l'<=rty;  andpur- 
BUiug  and  obtaining  safety  and  happiness. 

Sec.  2.  .-Ul  pohtieal  power  is  inherent  in  the  people. 
Government  is  instituted  for  the  proteetion,  security 
and  benefit  of  the  people  ;  and  tUey  have  the  right  to 
alter  or  reform  the  same  whenever  the  public  good 
may  require  it.  But  the  paramount  allegiance  of  every 
citizen  i.s  due  to  the  Federal  Government,  in  the  exer- 
cise of  all  its  constitutional  powers  as  the  same  have 
been  or  may  be  defined  by  the  Federal  Judiciary,  and 
no  power  exists  in  the  people  of  this  or  any  other 
State  of  the  Federal  I'nion  to  dissolve  their  connection 
therewith,  or  perform  any  act  tending  to  impair,  sub- 
vert, or  resist  the  supreme  authority  of  the  Govern- 
ment of  the  I'nited  States.  The  Constitution  of  the 
United  States  confers  full  power  on  the  Federal  Gov- 
ernment to  maintain  and  perpetuate  its  existence,  and 
whensoever  any  portion  of  the  States,  or  people  there- 
of, attempt  to  secede  from  the  Federal  Union,  or  forc- 
ibly resist  the  execution  of  its  laws,  the  Federal  Gov- 
ernment may,  by  warrant  of  the  Constitution,  employ 
armed  forcein  compelling  obedience  to  its  authority. 

Sec.  3.  The  right  of  trial  by  jury  shall  be  secured 
to  all,  and  remain  inviolate  forever  ;  but  a  jury  trial  may 
be  waived  by  the  jjarties  in  all  civil  cases  in  the  manner 
to  be  prescribed  bylaw;  and,  in  civil  cases,  if  three- 
fourths  of  the  jurors  agree  upon  a  verdict,  it  shall 
stand  and  have  the  same  force  and  effect  as  a  verdict 
by  the  whole  jury  :  provided,  the  Legislature,  by  a  law 
passed  by  a  two-thirds  vote  of  each  branch  thereof, 
may  require  a  unanimous  verdict,  notwithstanding 
this  provision. 

Sec.  4.  The  free  exercise  and  enjoyment  of  re- 
ligious profession  and  worship,  without  discrimination 
or  preference,  shall  forever  be  allowed  in  this  State; 
and  no  person  shall  be  rendered  incompetent  to  be  a 
witness  on  account  of  his  opinions  on  matters  of  re- 
ligious belief;  but  the  hberty  of  conscience  hereby 
secured  shall  not  be  so  construed  as  to  excuse  acts  of 
bc^ntiousness,  or  justify  prat;tices  inconsistent  with 
the  peace  or  safety  of  this  State. 

.Sec.  5.  The  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  susi)ended,  unless  when,  in  cases  of  rebel- 
lion or  invasion,  the  public  safety  may  require  its  sus- 
X>enHion. 

Sec.  6.  Excessive  bail  shall  not  be  required,  nor 
excessive  fines  imposed,  nor  shall  cruel  nor  unusual 
punishment  be  inflicted,  nor  shall  witnesses  be  un- 
reasonably detained. 

Sec.  7.  All  persons  shall  be  bailable  by  sufficient 
sureties,  \inles8  for  capital  offenses,  when  the  proof  is 
evident  or  the  presumptiov.  great. 

Sec.  8.  No  person  shall  be  held  to  answer  for  cap- 
ital or  otherwise  infamous  crime,  (except  in  cases  of 
imi>eachmeut,  and  in  cases  of  the  militia  when  in  ac- 
tual service,  and  the  land  and  naval  forces  in  time  of 
war,  or  wliich  tliis  State  may  knvp,  with  the  consent  of 
C  ingress,  iu  time  of  peace,  and  in  cases  of  petit  lar- 
ceny, \imli?r  the  regulation  of  the  Legislature,)  except 
on  presentment  or  indictment  of  a  grand  jury;  and  in 
any  trial,  in  any  Court  whatever,  the  party  accused 
shall  be  allowed  to  appear  and  defend  in  person  and 
with  counsel,  as  in  civil  actions.  No  person  sfiall  be 
Bubj<-it  to  be  twice  put  in  jeopardy  for  tlie  same  offiaise ; 
nor  shall  he  be  compelled,  in  any  criminal  case,  to  be 
a  witness  against  himself,  nor  be  dejtrived  of  life,  lib- 
erty, or  proi>erty,  without  due  process  of  law;  nor  shall 
privaU;  jiroperty  be  taken  for  pulilic  u.se  without  just 
compi-nsation  having  been  first  made  or  secured,  ex- 
cept in  lascB  of  war,  riot,  fire,  or  great  public  peril,  in 
which  I  ase  c  impensation  shall  be  afterwards  made. 

Sec.  9.  Every  citizen  may  freely  speak,  write,  and 
publish  liis  seutimeuts  on  all  subjects,  being  rcspousi- 


ble  for  the  abuse  of  that  right ;  and  no  law  shall  be 
passed  to  restrain  or  abridge  the  liberty  of  speech  or 
of  the  press.  In  all  criminal  prosecutions  and  civil 
actions  for  Ubels,  the  truth  may  be  given  in  evidence 
to  the  jury  ;  and  if  it  shall  appear  to  the  jury  that  the 
matter  charged  as  libelous  is  true,  and  was  published 
with  good  motives  and  for  justifiable  ends,  the  party 
shall  be  acquitted  or  exonerated. 

Sec.  10.  The  people  shall  have  the  right  freely  to 
assemble  together  to  consult  for  the  common  good,  to 
instruct  their  reiiresentatives,  and  to  petition  the  Legis- 
lature for  redress  of  grievances. 

Sec.  11.  The  military  shall  be  subordinate  to  the 
civil  power.  No  standing  army  shall  be  maintained  by 
this  State  in  time  of  peace,  and  in  time  of  war  no  ap- 
propriation for  a  standing  army  shall  be  for  a  longer 
time  than  two  years. 

Sec.  12.  No  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  house  without  the  consent  of  the  owner, 
nor  in  time  of  war,  excejit  in  the  manner  to  be  pre- 
scribed by  law. 

Sec.  13.  Repre.sentation  shall  be  apjiortioned  ac- 
cording to  population. 

Sec.  14.  The  privilege  of  the  debtor  to  enjoy  the 
necessary  comforts  of  life  shall  be  recognized  by 
wholesome  laws,  exempting  a  reasonable  amount  of 
property  from  seizure  or  sale  for  payment  of  any  debts 
or  liabilities  hereafter  contracted  ;>  and  there  shall  be 
no  imprisonment  for  debt,  except  in  case  of  fraud,  and 
no  person  shall  be  imprisoned  for  a  militia  fine  in  time 
of  peace. 

Sec.  15.  No  bill  of  attainder,  ex-post  facto  law,  or 
law  impairing  the  obhgation  of  contracts,  shall  ever  be 
passed. 

Sec.  16.  Foreigners  who  are  or  may  hereafter  be- 
come bona  fide  residents  of  this  State,  shall  enjoy  the 
same  rights,  in  respect  to  the  possession,  enjoyment 
and  inheritance  of  projierty,  as  native-born  citizens. 

Sec.  17.  Neither  slavery  nor  involuntary  servitude, 
unless  for  the  punishment  of  crimes,  shall  ever  be  tol- 
erated iu  this  State. 

Sec.  18.  The  right  of  the  people  to  be  secure  in 
their  jjersons,  houses,  papers,  and  effects,  against  un- 
reasonable seizures  and  searches,  shall  not  be  violated  ; 
and  no  warrant  shall  issue  but  on  probable  cause,  sup- 
ported by  oath  or  affirmation,  particularly  describing 
the  x^lace  to  be  searched,  and  the  persons  and  things  to 
be  seized. 

Sec.  19.  Treason  against  the  State  shall  consist  only 
iu  levying  war  against  it,  adhering  to  its  enemies,  or 
givmg  them  aid  and  comfort. 

Sec.  20.  This  enumeration  of  rights  shall  not  be 
construed  to  impair  or  deny  others  retained  by  the 
people. 

EVIDENCE  OF  TREASON. 

Mr.  DUNNE.  I  move  to  recommit  that  ar- 
ticle to  a  select  committee  of  three,  with  special 
instructions  to  amend  .Section  19,  by  adding 
thereto  these  words — "  No  person  shall  be  con- 
victed of  treason,  unless  on  the  evidence  of  two 
witnesses  to  the  same  overt  act,  or  on  confes- 
sion in  open  court."  So  that  the  section  will 
read  as  follows  :— 

Sec.  19.  Treason  against  the  State  shall  consist  only 
in  levying  war  against  it,  adhering  to  its  enemies  or 
giving  them  aid  and  comfort.  No  person  shall  be  con- 
victed of  treason,  unless  on  the  evidence  of  two  wit- 
nesses to  the  same  overt  act,  or  on  confession  in  open 
court. 

Before  the  question  is  taken  on  that  amend- 
ment. I  desire  to  call  attention  of  members  to 
the  necessity  of  its  adoption,  in  order  that 
we  may  be  in  harmony  with  the  action 
which  the  Convention  has  already  taken,  in  re- 
spect to  other  portions  of  this  Constitution. 
vSo  far,  the  Convention,  in  its  amendments  to  the 
Constitution  adopted  by  the  preceding  Conven- 
tion, has  shown  a  dispo.sitioa  to  exercise  a  lib- 


7th  day.] 


DECLARATION  OF  RIGHTS. 


195 


Monday,] 


Fitch — Parker — DeLong — Nourse. 


[July  11. 


eral  sp'rlt  towards  persons  who  may  be  charged 
with  treason.  This  amendment  proposes  to 
give  to  such  persons  the  further  protection  of 
requiring  two  witnesses  to  prove  the  crime  of 
treason.  That  crime  is  one  of  the  gravest 
known  to  the  law.  I  think,  without  attempting 
to  make  any  argument  or  speech  upon  it — for 
I  do  not  wish  to  occupy  the  time — that  the 
propriety  of  the  amendment  will  suggest  itself 
to  every  member,  and  it  certainly  will  be  in 
harmony  with  the  previous  action  of  this  Con- 
vention. 

Mr.  FITCH.  Without  entering  into  any 
lengthy  speech,  I  desire  to  say  only,  that  I  hope 
this  amendment  will  not  prevail.  There  seems 
to  me  to  be  no  reason  for  requiring  two  wit- 
nesses to  convict  of  this  crime,  or  for  extending 
any  special  privilege  to  a  person  who  may  be 
accused  of  treason,  when  but  one  witness  is  re- 
quired to  convict  a  person  accused  of  murder. 

Mr.  PARKER.  I  desire  to  ask  a  question. 
Can  a  grand  jury  find  a  bill,  without  examin- 
ing one  witness? 

Mr.  FITCH.  They  can  find  a  bill  upon  any 
evidence  which  will  make  out  a  prima  facte 
case. 

Mr.  PARKER.  I  think  they  cannot,  accord- 
ing to  the  laws  of  this  Territory. 

Mr.  DeLONG.  I  would  like  to  give  one  rea- 
son why  I  think  this  amendment  ought  to  pre- 
vail, and  that  is,  that  persons  are  not  apt  to  be 
charged  with,  or  tried  for  treason,  except  in 
times  of  war,  or  of  peril  to  the  commonwealth  ; 
and  in  such  a  time,  when  the  public  mind  is 
greatly  excited,  when  conflicting  rumors  and 
alarms  are  startling  the  peace  of  community, 
it  is  but  a  proper  measure  of  precaution  to  re- 
quire at  least  two  witnesses  to  convict  a  man 
of  this  infamous  crime.  A  man  charged  with 
the  crime  of  treason  —  a  crime  most  odious 
in  its  character,  and  most  revolting  to  the  hu- 
man mind — is  liable,  even  before  the  examina- 
tion, to  labor  under  the  condemnation  of  the 
entire  community.  The  cry  goes  forth  against 
him,  and  the  people  demand  his  blood.  It  is 
almost  equivalent  to  a  conviction  to  charge  a 
man  with  the  crime  at  such  a  time.  It  is 
like  charging  one  with  incendiarims  when  a 
city  is  in  flames,  and  when  an  excited  popu- 
lace are  ready  to  throw  him  who  may  be  so 
charged,  into  the  burning  buildings.  So,  in 
cases  of  treason,  or  trials  for  treason  :  greater 
injuries,  more  flagrant  wrongs,  are  liable  to  be 
perpetrated  upon  a  man  charged  with  that 
crime,  than  upon  one  charged  with  any  other 
crime  known  in  the  world.  It  is  for  this 
reason,  that  the  enlightened  men  of  every 
country,  and  of  every  age,  have  invariably  re- 
quired that  two  witnesses,  at  least,  to  the  same 
overt  act,  should  be  necessary  to  convict  a 
man  of  that  charge.  That  has  been  the  re- 
quirement, from  the  days  of  King  John  down 
to  the  present  time.  It  is  contained  in  every 
written  Constitution,  and  in  every  statutory 
law  relating  to  the  crime  of  treason.  The 
wisdom  of  the  fathers  who  framed  the  Consti- 


tution of  the  United  States,  implanted  that  pro- 
vision therein,  and  the  wisdom  of  those  who 
framed  the  Constitutions  of  the  several  States 
of  the  Union,  has  been  manifested  in  the  adop- 
tion of  the  same  provision.  And  why.  then, 
should  we,  in  entering  upon  our  political  exist- 
ence as  a  State,  in  this  time  of  national  peril, 
when  there  is  revolution  in  progress,  when 
every  man's  soul  is  in  arms,  when  party  feeling 
runs  high,  when  we  have  now  actual  rebellion 
in  our  midst,  when  we  have  men  amongst  us 
known  to  be  in  opposition  to  the  Government, 
and  all  who  sympathise  with  the  Government — 
why,  I  ask,  should  we  at  such  a  time,  in  draft- 
ing our  fundamental  law,  omit  that  wise  pro- 
vision, that  humane  and  judicious  safeguard  ? 
I  say  if  we  omit  it,  we  are  treading  the  path  of 
uncertainty,  at  a  wrong,  a  dangerous  period. 
At  any  time,  it  would  be  an  innovation  against 
old-time  usage  and  custom,  much  to  be  dreaded, 
and  it  is  much  more  so  at  the  present  time.  I 
earnestly  hope  that  the  Convention  will  treat 
this  as  a  sob  mn  and  serious  matter,  as  it  cer- 
tainly is.  We  are  now  making  a  fundamental 
law  for  the  future— a  law  which  is  to  live  and 
be  in  force  for  generations  after  we  are  sleep- 
ing in  our  graves.  Let  us,  therefore,  enact 
such  a  law  that  when  the  terrible  charge  of 
treason  is  made — and  against  whom  it  may  be 
made,  we  cannot  foresee — that  whenever  that 
charge  shall  be  made  against  any  citizen,  con- 
viction shall  only  follow  upon  the  testimony  of 
two  competent  witnesses.  Such  has  been  the 
universal  law  of  every  civilized  nation  on  the 
face  of  the  globe ;  and  I  hope,  therefore,  that 
this  Convention  will  adopt  the  amendment  pro- 
posed by  the  gentleman  from  Humboldt. 

Mr.  NOURSE.  I  do  not  lay  much  stress 
upon  the  necessity  of  making  this  section  cor- 
respond with  the  Constitution  of  the  United 
States  ;  for  that  provides  only  for  the  punish- 
ment of  treason  against  the  United  States. 
But  in  the  argument  of  the  gentleman  from 
Storey,  (Mr.  DeLong),  I  recognize  precisely 
the  same  reasons  which  I  tried  to  set  forth,  and 
which  actuated  me  in  voting  for  the  same 
clause  when  this  section  Mas  under  considera- 
tion in  Committeee  of  the  Whole.  I  am  glad 
to  find,  therefore,  that  the  sober  second  thought 
has  brought  other  gentlemen  to  the  same  con- 
clusion. It  is,  as  the  gentleman  from  Storey 
says,  a  crime  which  is  only  charged  against  a 
man  in  times  of  great  political  excitement.  It 
is  altogether  a  political  crime,  and  the  opera- 
tion of  this  section,  as  adopted  in  Committee 
of  the  Whole,  would  be  to  place  it  in  the  power 
of  any  one  man  to  ruin  his  political  opponent 
by  convicting  him  of  this  infamous  crime  of 
treason. 

Mr.  DeLONG.  If  the  gentleman  will  allow 
me,  I  would  like  to  ask  him  what  he  means  by 
"sober  second  thought?"  [Merriment.]  I 
have  been  in  favor  of  this  provision,  now  of- 
fered, all  along,  and  have  all  along  insisted, 
when  the  matter  M'as  previously  under  consid- 
eration, that  there  ought  to  be  two  witnesses 


196 


DECLARATION  OF  RIGHTS. 


[7  th  day. 


Monday,] 


Nourse—DeLoxg— Fitch— Pboctob — Chapix — President. 


[July  11. 


to  convict  a  person  of  treason,  although  I  \ 
dcuined  it  sufficient  to  have  one  witness  to  one  i 
ov(.rt  act,  and  another  to  another.     I  referred  ' 
to   the  Constitution    of  California,   -which   re- 
quires two  witnesses  to  the  same  overt  act,  and 
ulf-Ted    an   amendment    adopting    nearly   the 
same  language  ;  but  inasmuch  as  I  could  not  j 
per.^uade  the  Convention  to  agree  with  me,  I 
toolv  what  I  regarded  as;  the  next  best  course.  I 
certainly  am  in  lavor,  and  have  advocated  the  | 
renuiriug  of  two  witnesses  in  order  to  convict 
of  treason.  i 

Mr.  XOURSE.  I  understood  the  gentleman  I 
from  Storey  to  oppose  this  clause,  and  to  con- 
tend that  there  should  be  but  one  witness  to  ^ 
one  overt  act,  and  another  to  another.  I  am 
only  sorry  that  ihe  gentleman's  •'  sober  second 
thought  "  is  not  as  good,  or  has  not  been  as 
effectual  as  I  had  supposed  it  was.  I  therefore 
withdraw  the  compliment  which  I  had  intended 
to  pay  him.     [Laughtir.]  | 

Th','  question  was  taken  by  yeas  and  nays  on 
Mr.  Dunne's  motion  to  recommit,  and  it  was 
agreed  to — yeas,  ID  ;  nays,  8— as  follows  : — 

Veas — Me.ssrs.  Brady,  Collius,  Crawford,  DeLong, 
Duuu'-.  irizell,  Folsom,  Hawley,  Hovey,  Hudsou,  Kiii- 
keaJ,  MoCliutou,  Noursi;,  Parki-r,  Proctor,  .Sturtevaut, 
Ta-iliabiie,  Tozer,  and  Mr.  Pri'.-idont— lit. 

.Vny.* — Messrs.  Brosjian,  Chapin.  Fitcli,  Gibson, 
Lockwood,  Mason,  Miu'dock,  and  ■\Vothorill — 8. 

Daring  the  voting — 

Mr.  DkLONG.  i  would  suggest  to  the  gen- 
tleman from  Humboldt,  and  also  to  the  Conven- 
tion, that  if  this  motion  to  recommit  the  article 
to  a  special  committee  is  carried,  it  will  t;ave 
to  come  up  again  on  another  day,  and  I  think 
■wo  can  save  a  great  deal  of  time  ))y  suspending 
the  rules  and  adopting  the  am  ■ndmrnt  now. 

Mr.  FITCH.  L^t  us  sec  first  what  is  the 
sense  of  the  Convention. 

Mr.  DicLONG.  Then  it  is  recommitted,  and 
no  longer  within  our  power  to  control  it. 

The  l'RESn)KNT.  No  motion  is  in  order 
during  Ihe  calling  of  the  roll. 

Mr.  DkLOXG.  I  think  a  motion  m'ght  be 
made  in  order,  before  the  vote  is  announced, 
and  before  the  article  is  thereby  placed  out  oi' 
our  power.  I  do  not  wish  to  press  the  matter, 
however  :  I  onlv  desired  to  save  time. 

Mr.  FITCH.  "l  think  wc  had  better  let  it 
take  the  usual  course.  The  article  can  be  re- 
ported hack  in  ten  minutes. 

The  result  of  the  vote  having  been  an- 
nounced. 

The  I'KE.SIDP:NT  appointed  Messrs.  Dunne, 
DeLong,  and  Noiirse  as  the  special  committee, 
to  which  the  article  was  recommitted. 

THE    GRAND   JURY   SYSTEM. 

Mr.  I'IKJCTOR.  I  wish  to  make  a  similar 
motion  in  relation  to  Section  8.  I  move  that 
Section  8  of  Article  I,  l)e  referred  to  a  select 
committee  of  live,  with  instructions  to  make  the 
following  aini;ndraent : 

Strike  out  the  words,  'no  person  shall  be 
held  to  answer  for  capital  or  other  infamous 


crimes,"  and  insert  in  lieu  thereof,  the  follow- 
ing words  : — 

".\11  criniiual  ofifenses  shall  be  tried  ujion  a  com- 
plaint in  writing,  made  by  the  prosecuting  attorneys 
of  the  re.spective  counties,  without  the  intervention  of 
a  grand  jury." 

Mr.  CHAPIN.  I  would  like  to  hear  the  sec- 
tion as  it  is  now,  and  also  as  it  would  stand 
with  that  amendment. 

Mr.  BROSNAN.  I  think  the  amendment 
would  come  in  place  better  after  the  first  two 
lines. 

The  PRESIDENT.  It  seems  to  involve  the 
idea  of  abolishing  the  grand  jury  system  alto- 
gether, and  if  that  be  the  case,  I  think  it  will 
be  necessary  to  strike  out  some  other  language 
in  the  section. 

Mr.  PROCTOR.  Yes,  sir  ;  I  will  include  in 
the  motion  to  strike  out,  the  words,  "  except  on 
presentment  or  indictment  of  a  grand  jury."' 

Mr.  NOURSE.  I  suppose  the  intention  of 
the  amendment  is  to  do  away  with  the  neces- 
sity of  having  a  grand  jury.     Now,  Mr.  Presi- 

I  dent,  I  am  not  prepared  to  say  that  such  an 
amendment  may  not  be  an  improvement  upon 
our  jury  system.  The  grand  jury  system  has 
some  objectionable  features  undoubtedly,  to- 
gether with,  perhaps,  some  good  ones.     But  I 

.  suggest,  for  the  consideration  of  the  Conven- 
tion, that  there  is  a  provision  of  the  Const! tu- 

I  tion  of  the  United  States  which  is  held  to 
apply,  not  merely  to  proceedings  of  the  United 
Slates  Courts,  but  to   all  law  proceedings  in 

j  other  Courts,  to  all  cases  where  a  jury  trial 

[  may  be  had.  It  is  held  to  be  of  universal  ap- 
plication. Now,  can  we  run  counter  to  that 
provision  of  the  United  States  Constitution? 
This  s.  ctioD,  as  propo.-ed  to  be  amended,  says, 
in  effect,  that  a  person  may  be  presented  and 
tried,  without  the  intervention  of  a  grand  jury, 

,  by  presentment  or  indictment.     But  Article  V 

I  of  the  amendments  to  the  Constitution  of  the 

j  United  States,  says  : — 

I  "  No  person  shall  be  held  to  answer  for  a  capital  or 
1  otherwise  infamous  crime,  unless  on  a  presentment  or 
i  indictment  of  a  grand  .jury,  except  in  cases  arising  in 
j  the  land  or  naval  service,  t>r  in  the  militia  when  in  ac- 
!  tual  service  in  time  of  war  or  public  danger." 

Now  the  point  I  wish  to  suggest  for  the  care- 

j  ful   consideration  of  the  Convention  is,  does 

j  not  this  proposed  amendment  clearly  conflict 

with  the  Constitution  of  the  United  States?     I 

j  have  no  feeling  about   the  matter,  one  way  or 

1  the  other,  and   as  a  matter  of  original  prefer- 

I  ence,  1  think  I  should  favor  the  gentleman's 

proposition.     But  it  seems  to  me  that  we  are 

barred  altogether  from  taking  any  such  action 

by  the  Constitution  of  the  United  States,  which 

bays,  in   this  unmistakable    language,  that  no 

person  shall  be  held  to  answer  for  crimes  which 

I  are  capital  or  infamous  without  the  interven- 

tion  of  a  grand  jury.    If  it  could   be  so  ar- 

I  ranged  that  persons  could   be  held  for  crimes 

I  other  than  those  which  are  capital,  or  otherwise 

j  infamous,  without  the  interjXKsition  of  a  grand 

jury,  it  might  be  that  it  would  do. 


7th  day.] 


DECLARATION  OF  RIGHTS 


197 


Monday,] 


Proctor— Johnson — Brosnan — Hotey — Nourse. 


[July  11. 


Mr.  PROCTOR.  I  do  not  understand  that 
provision  of  the  United  States  Constitution  as 
appljnng  to  cases  where  indctuieuts  are 
brought  under  State  laws.  It  refers  simply  to 
violations  of  the  laws  of  the  United  States, 
and  it  seems  to  me  that,  so  far  as  regulating 
the  proceedings  in  regard  to  offenses  against 
the  State  is  concerned,  we  have  a  perfect  right 
to  exercise  full  control,  without  any  conflict  at 
all  with  the  provisions  of  the  Constitution  of 
the  United  States. 

[Mr.  FiTCii  in  the  Chair.] 

Mr.  JOHNSON.    Whilst   I   agree   with  the 
legal  proposition  of  the  gentleman  from   Nye. 
(Mr.  Proctor),  at  the  same  time  1  dissent  from 
his  views  as  to  the  propriety  of  making  the  pro- 
posed   change.      This   matter   was   before    the 
former  Convention,  and  was  there   the  suliject 
of  a  good  deal  of  discussion  in  Committee  of 
the  Whole.     Now,  Mr.  President,  my  judgment 
is,  that   whilst  that   Convention    nuide    many 
innovations  beneficial  in   their  character  upon 
the  jury  system  which  prevails  elsewhere,  and 
whilst  we  have,  with   proper   circumspection, 
bjen  following  in  the  same  path,  thisparticuh\r 
feature  is  oue  of  too   much  consequence  and 
importance  to  justify  us  in  venturing  to  make 
any  change.     I  concede   that  a  system  author- 
izing the  exercise  of  inquisitorial  powers,   by 
grand  juries,  is  one  fraught  with   evil;  but  at  1 
the  same  time,  I  think  that  the  adoption  of  the  ! 
proposed  change  would  also  be  productive  of 
evil  results.     It  would  leave  it  in  the  power  of! 
the  District  Attorney  of  any  county  to  prose- 
cute whonisoevc^r  he  might  think  proper,  or  not 
to  prosecute,  at  his  option.     It  would  be  abol- 
ishing one  S3^stem,  admitted  to  be  fraught  with 
evils,  but  only  to  seek  refuge  in  another  sys- 
tem, abounding  in  yet  greater  evils.    The  differ- 
euce  resolves  itself  into  this — that  whilst  und'r 
the  one  system  you  have  a  grand  jury  of  say  , 
seventeen  men.  and  the  concurrence  of  at  least  | 
twelve  of  them — good  and  lawful  cit  zens—  is  ' 
required  to  fiud  a  bill  of  indictment ;  under  the  | 
other,  oue  man  alone  is  sufficient  to  institute  a 
prosecution    against   any   person.     Under   the 
grand  jui'y  system,  it  requires  the  concurrence  of 
at  least  t\\el»e  good  citizens  to  find  a  bill  of  in- 
dictmciit,  or  to  present  a  person  for  any  offense, 
while    under    this   newly  proposed  system,  in- 
stead of  requiring  the  concurrence  of  twelve  j 
men,  one  man  who  may  happen  to   be  in  the  } 
position  or  office  of  Prosecuting  Attorney,  has 
it  in  his  power  to  find  what  is,  in  effect,  a  bill  of: 
indictment,  or  to  make  a  presentment. 

Now,  sir,  I  have  personally  knov/n  of  in-! 
stances  where  grand  juries  have  been  the  in- 
struuiMitsof  inflicting  irreparable  injury  upon 
individuals,  by  means  of  the  power  with  which 
they  are  invested,  in  the  ordinary  course  of 
judicial  proceedings  in  courts  of  justice  ;  but  I 
can  conceive  of  cases  where  much  greater 
inju-tice  and  wrong  miglit  be  perpetrattd 
through  the  instrumentality  of  a  single  indi- 
vidual, who,  in  the  capacity  of  Prosecuting 
Attorney,  should  have  power  to  pass  upon  the  i 


rights  of  individuals,  or  upon  whatever  ques- 
tions might  arise  in  that  connection,  without 
the  necessity  of  securing  the  concurrence  or 
the  united  action  of  twelve  good  and  true  men, 
I  or  of  any  other  number  of  men.     I  hope,  there- 
Ifoie,  that  the  sense  of  the  Convention  will  be 
I  to  I'etain  the  provision  as  it  now  is. 
j      I  believe  the  experiment  proposed  by  this 
'  amendment  has  already  been  tried  in  one  State 
at  least,  if  not  in  others.     I  think  the  Consti- 
j  tution  of  Indiana  contains  a  provision  of  this 
I  kind.     It  has  been  stated,  if  I  am  not  mistaken, 
:  that  the  experiment  is  one   which  has  never 
been  tried  ;  but  I  believe  that  in  the  Constitu- 
,  tion  of  that  State  there  is  no  provision  in  re- 
spect  to    a  grand  jury   such   as    is  found    in 
I  the  Constitution  which  we  have  adopted  as  our 
basis,  and,  therefore,  it  is  left  open  to  legisla- 
tion, in  that  State,  to  provide  for  a  grand  jury 
system  or  not.     I  do  not  doubt  but  that  this 
Convention   has   the   power,    if    it   is  deemed 
proper  or  necessary,  to  abolish  the  grand  jury 
f^ystem ;  but  I  think  I  can  see  that  the  opera- 
tion of  the  system  proposed  to  be  substituted, 
might  produce  results  which  would  cause  many, 
if  not  all  of  us  to  regret,  or  to  have  occasion 
to  regret,  that  we  had  clothed  any  one  public 
functionary    with    this    extraordinary   power, 
without  proper  check  or  restriction.     I  cannot 
i  conceive  how  it  would  be  possible  for  the  Legis- 
I  lature,  in  the  passage  of  laws  under  this  pro- 
vision, as  the  gentleman  from  Nye  has  proposed 
to  amend  it,  to  throw  such  safeguards  and  re- 
strictions about  it  as  would  prevent  the  possi- 
bility, or  even  the  probability  of  an  undue  and 
improper  exercise  of  this  power.     Therefore,  I 
hope   the   section  will  be   left  as  we   find  it. 
There  have  been  times  when,   without  a  due 
examination  or  consideration  of  this  question, 
I  was  prepared  to  think  that,  possibly,  it  would 
not  be  an  unadvisable  change.  When  the  former 
Convention  was  iu  session,  I  was  inclined  to 
favor  such  a  change  ;  but  alter  more  deliberate 
reflection  upon  the  subject,  and  considering  it 
in  all  its  bearings,  I  have   arrived  at  the  con- 
clusion that  it  would  be,  to  say  the  least,  an 
innovation  of  questionable  expediency. 

Mv.  BROSNAN.  I  shall  vote  for  the  motion 
to  recommit  the  section,  but  I  will  not  detain 
the  Convention  with  any  extended  remarks  in 
regard  to  it.  I  should,  for  myself,  prefer,  how- 
ever, if  we  are  going  to  abolish  the  grand  jury 
system,  to  provide  in  the  ameudment  that  the 
Legislature  may  restore  the  old  rule,  whenever 
they  may  deem  it  proper.  I  shall,  nevertheless, 
vote  for  the  recommittal,  and  leave  the  commit- 
tee to  whom  it  is  referred  to  provide  for  that 
matter  in  such  way  as  they  may  think  fit. 

Mr.  HOVEY.  There  are  gentlemen  absent 
nosv,  who  I  know  desire  to  take  a  hand  in  this 
fight,  and  therefore  I  hope  the  section  will  be 
recommitted.  I  refer  to  the  gentleman  from 
Lander,  (.Mr.  Warwick,)  and  the  gentleman 
from  Lyon.  (Mr.  Kennedy). 

Mr.  NOURSE.  In  regard  to  my  objection 
that  we  are  debarred  by  the  Constitution  of  the 


198 


DECLARATION  OF  RIGHTS. 


[7th  day. 


Monday.] 


TozEK — McCrJxTOx — Johnson. 


[July  11. 


United  States  from  attempting  this  experiment, 
I  would  say  that  the  aiiulogy  which  the  gentk- 
mau  from  Nye  (Mr.  Proctor)  seems  to  think  he 
has  discovered,  does  not  exist  in  the  present 
case.  In  the  matter  of  treason,  the  Constitu- 
tion of  the  United  States  provides  that  treason 
against  the  United  States  ?hall  consist  only  in 
adhering  to  their  enemies,  or  giving  them  aid 
and  comfort ;  and  the  next  clause  provides  that 
no  person  shall  be  convicted  of  treason,  except 
upon  the  testimony  of  two  or  more  witnesses 
to  the  same  overt  act.  The  connection  shews 
to  what  it  is  mi'ant  to  apply.  Now,  in  Article 
VII  of  the  Amendments  to  the  Constitution  ol 
the  United  States,  we  find  the  following  lan- 
guage :— 

"  In  suits  at  common  law,  where  the  vahie  in  con- 
troversy shall  exceed  twenty  dollars,  the  right  of  trial 
by  jury  shall  be  preserved." 

Who  ever  doubted  that  that  applied  to  jury 
trials  in  all  the  courts?  I  happen  to  have 
had  some  practical  experience  in  this  matter. 
because  in  a  trial  before  a  Jus; ice  in  which  I 
v?as  once  engaged,  the  defendant  demanded  a 
jury  trial,  and  there  was  no  provision  of  law 
for  giving  it,  or  rather,  there  was  a  provision 
for  a  jury  of  six,  while  the  defendant  demanded 
a  jury  of  twelve.  And  the  verdict  against  him 
was  set  aside  by  the  highest  court  in  the  State, 
simply  because  of  this  provision  in  the  Consti- 
tution of  the  Uniti'd  Stites — because  it  was 
held  that  that  applied  no  less  to  the  process  of 
trials  in  the  .State  courts  than  to  trials  in  the 
United  States  courts — that  it  was  a  right  guar- 
anteed to  every  person,  no  matter  in  what 
court,  whether  State  or  National,  the  subject 
matter  was  to  bo  tried.  It  is  construed  to  be  a 
per.«onal  right  guaranteed  by  the  Constitution 
of  the  United  States  to  every  citizen.  Now. 
what  is  the  distinction,  so  far  as  relates  to  the 
extent  of  irs  application,  between  that  provis- 
ion and  Article  V.  which  says, — 

"No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  iulamous  crime,  unless  ou  a  presentment  or 
indictment  of  a  grand  jury." 

It  says  distinctly,  that  "  no  person  shall  be 
held,"  etc. ;  it  does  not  say  '•  in  one  of  the 
United  States  Courts ;  ■'  it  does  not  intimate 
that  it  applies  only  to  crimes  against  the  United 
States  ;  but  it  declares,  iii  most  broad,  sweeping. 
and  general  terms,  that  it  is  a  right  \vhii;h  shall 
bt'  preserved  to  every  individual,  whether  the 
trial  is  to  be  in  the  State  or  in  the  National 
court.".  I  would  like  to  know  u])i)n  what  an 
thority  gentlemen  so  summarily  .say  that  the 
provision  applies  only  lo  trials  in  United  Stales 
court.s.  Do  (hey  say  that  the  ('onslit\it,ion  o) 
the-  United  Slates  cannot,  or  does  not.  guard  jier- 
.sonal  rights  against  any  infringi-nieiit,  whether 
l»y  State  or  .National  authorities?  Do  they  sav 
that  it  was  intended  only  to  secure  and  guard 
tiie  personal  privileges  of  citizens,  in  such  mat- 
t<!rs.  against  usurpalioas  by  the  national  courts? 
Jf  that  is  what  tliey  assert,  then  I  have  only  to 
say.  that  they  are  advancing  an  entirely  new 
doctrine. 


Mr.  TOZER.  At  the  time  the  section  was 
before  the  Committee  of  the  Whole,  this  same 
amendment  was  oflered  and  very  fully  dis- 
cussed, and  the  Convention  then  very  decidedly 
expressed  its  convictions  upon  the  subject.  I 
hope,  therefore,  that  no  more  time  will  be  taken 
uj)  in  discussing  it  a  second  time,  and  I  trust  that 
the  motion  to  recommit  will  not  prevail. 

Mr.  M( 'CLINTON.  I  hope,  for  two  reasons,  that 
this  section  will  not  be  recommitted.  One  reason 
is,  that  I  desire  to  economize  time  as  much  as 
possible,  and  the  other  is,  I  think  that  the  pro- 
posed amendment  is  radically  ^v^■ong.  I  indorse 
the  remarks  of  the  gt'Utleman  from  Orm.sby,  (Mr. 
Johnson.)  upon  this  subject.  It  is  an  experi- 
ment, which  I  do  not  think,  in  the  present  state 
of  our  society,  and  the  present  condition  of  our 
atfairs  generally,  we  are  warranted  in  trying. 
I  believe  it  would  be  placing  too  much  power 
in  the  hands  of  one  man,  and  especially,  in  a 
new  country  like  ours,  where  at  best  the  laws 
are  comparatively  badly  administered.  I,  for 
one,  certainly  feel  that  the  experiment  would 
not  be  a  safe  one.  The  man  whom  we  might 
be  called  upon  to  invest  with  this  power,  must 
often,  of  necessity,  be  one  whom  we  do  not 
know,  at  the  time  of  his  election,  to  be  a  proper 
man  to  trust.  I  hope  the  Convention  will  not 
recommit  the  section. 

Mr.  JOHNSON.  I  do  not  desire  to  occupy 
needlessly  the  time  of  the  Convention,  but  I 
find  myself  placed,  by  the  remarks  of  the  gen- 
tleman from  Washoe,  (Mr.  Nourse,)  in  a  position 
which  seems  to  require  some  explanation,  and 
it  is  to  that  only  that  I  propose  to  address  my- 
self at  the  present  time.  I  occupy  substantially 
the  same  position  in  regard  to  the  action  of  the 
Convention  on  this  subject  that  the  gentleman 
from  Washoe  does.  With  that  frankness  which 
I  intend  to  evince,  not  only  on  this,  but  every 
other  subject  which  arises  here,  I  had  conceded 
the  proposition  of  the  gentleman  from  Nye, 
(Mr.  Proctor,)  that  the  provision  of  the  Consti- 
tution of  the  United  States  which  had  been  re- 
ferred to,  applies  to  such  oflfen.ses  as  are  com- 
mitted against  the  laws  of  the  United  States.  I 
believe  yet  that  I  was  correct  in  that  concession. 
The  objection  suggested  by  the  gentleman  from 
Washoe  arises,  possibly,  from  the  difficulty  of 
determining  what  constitutes  a  jury.  Under 
the  Constitution  of  the  United  States,  and  under 
the  Constitutions  of  most  of  the  States — proba- 
bly every  State  in  the  Union  where  the  right 
of  trial  by  jury  is  provided  for,  (and  I  think 
such  is  the  casein  every  State  of  the  Union,) — 
resort  must  be  had  for  ccuistruction  to  what  is 
understood  by  tin;  common  law  right  of  jury 
trial.  Twelve  men  are  required,  or  conceded 
to  be,  under  the  common  law,  a  jury,  and  in  the 
case  to  which  the  gi-ntleman  from  Washoe  re- 
ferred, it  would  bi'  necessary,  under  a  constitu- 
tional provision  simi)ly  declaring  that  the  right 
of  trial  by  jury  shall  remain  inviolate,  that  re- 
sort should  be  had  to  that  common  law  rule  in 
order  to  ascertain  and  determine  what  luunber 
constitutes  a  jury.      There  is  no  doubt  in  my 


7th  day.] 


DECLARATION  OF  RIGHTS. 


199 


Monday,] 


DeLong — Johnson— DtiNTJE. 


[July  11. 


mind  of  the  correctness  of  the  application  of 
this  rule.  The  person  was  entitled  to  a  jury  trial 
under  the  Constitution,  and  under  the  common 
law  rule  that  jury  must  consist  of  twelve  men  ; 
and  the  defendant  could  not,  under  the  Consti- 
tution of  the  State,  or  the  laws  of  the  State,  be 
precluded  from  that  constitutional  right.  But, 
sir,  I  know  of  no  decision  in  which  particu- 
larly and  specifically  the  matter  has  arisen, 
determining  the  question  as  to  whether  or  not 
the  Constitution  of  the  United  States  applies 
alike  to  all.  or  only  to  offenses  cognizable  under 
the  laws  of  the  United  States.  But  this  I  do 
know — and  I  refer  to  it  merely  to  show  that 
other  and  abler  men  than  I  have  entertained  the 
same  views  that  I  have  advanced  on  this  ques- 
tion— that  in  the  Convention  of  1851,  which 
framed  the  present  Constitution  of  the  State  of 
Indiana,  the  same  position  was  assumed  in  re- 
spect to  the  question,  and  sustained  by  jurists, 
too.  of  unquestioned  ability,  who  were  members 
of  that  body.  My  present  recollection  is,  that 
it  was  assumed  in  that  Convention  that  this  pro- 
vision of  the  Constitution  of  the  United  States 
applied  only  to  offenses  committed  against  the 
laws  of  the  United  States,  and  that  the  Conven-  j 
tion  therefore  was  not  circumscribed  or  limited 
by  the  provision  of  the  Constitution  of  the 
United  States  ;  and  my  present  recollection  is, 
further,  (and  it  is  confirmed  by  examining  the 
Bill  of  Rights  as  adopted  by  the  Convention  of 
1851,  which  framed  the  present  Constitution  of 
the  State  of  Indiana,  for  you  will  tind  in  that  Bill 
of  Rights  no  declaration  of  that  character,  pro- 
viding that  no  person  shall  be  held  to  answer, 
unless  by  presentment  or  indictment  by  a  grand 
jury,)  that  the  Convention  took  the  same  view  of 
the  matter,  and  provided  for  carrying  into  effect 
laws  of  that  character,  in  regard  to  offenses 
against  the  State  laws. 

Mr.  DeLONG  [interrupting].  I  desire  to 
suggest  that  it  cannot  be  in  order  to  entertain 
this  motion  to  recommit  at  this  time,  for  the 
reason  that  a  motion  has  already  been  made 
and  carried  to  recommit  the  article,  with  in- 
structions to  amend  another  section,  that  mo- 
tion treating  the  whole  article  as  an  entirety. 
In  that  view  of  the  case,  the  article  is  not  prop- 
erly before  the  Convention. 

the  PRESIDENT  pro  /em.— (Mr.  Fitch  in  the 
Chair.)  The  Chair  thinks  that  the  motion  of 
the  gentleman  from  Nye  was  to  recommit  this 
section  to  the  same  committee. 

Mr.  DeLONG.  But  the  whole  article  has 
been  recommitted,  with  instructions. 

The  PRESIDENT  pro  tern.  It  is  competent, 
in  the  opinion  of  the  Chair,  for  the  Convention 
further  to  instruct  the  committee,  and  this  mo- 
tion is  in  the  nature  of  a  supplementary  instruc- 
tion to  the  committee. 

Mr.  DeLONG.  If  we  are  treating  this  article 
section  by  section,  then  I  think  it  is  too  late  to 
amend  Section  8,  because  we  have  already  pro- 
ceeded as  far  as  Section  19  ;  and  if  we  are  not 
treating  it  by  sections,  but  as  an  entirety,  then 
the  whole  article  was  recommitted  by  the  for- 


mer motion,  and  is  not,  therefore,  before  the 
Convention.     I  make  that  point  of  order. 

The  PRESIDENT  pro  tern.  The  Chair  under- 
stands the  gentleman's  point  of  order.  The 
Chair  holds  that  the  whole  article  was  under 
consideration,  as  an  entirety,  and  not  section  by 
section.  After  the  article  had  been  recommitr 
ted,  the  gentleman  from  Nye  made  his  motion, 
which  the  Chair  treats  as  a  supplementary  in- 
struction to  the  committee  ;  which,  in  the  opin- 
ion of  the  Chair,  it  is  quite  competent  for  the 
Convention  to  give.  The  Chair  therefore  de- 
cides the  point  of  order  not  well  taken. 

Mr.  JOHNSON.  I  will  say,  in  addition,  only 
this — that  I  have  no  knowledge  as  to  how  the 
experiment  has  worked  in  the  State  of  Indiana, 
where  the  system  has  prevailed  which  is  con- 
templated by  this  amendment  (as  it  possibly 
has,  also,  in  one  or  two  other  States — I  do  not 
now  recollect,  or  know  how  many  others  have 
adopted  it.)  But  it  was  only  on  the  constitu- 
tional question  involved  that  I  desired,  at  this 
time,  to  address  myself  to  the  Convention,  be- 
cause, when  I  previously  occupied  the  floor,  I 
allowed  that  question  to  pass  in  a  few  words, 
with  barely  an  indorsement  of  the  position  of 
the  gentleman  from  Nye.  Nevertheless,  I  am 
opposed  to  the  amendment,  as  a  matter  of  pol- 
icy, because  I  think  it  would  be  unwise  and  im- 
politic for  us,  at  this  time,  to  attempt  such  an 
experiment. 

Mr.  DeLONG.  As  my  point  of  order  has 
been  decided  not  well  taken,  I  desire,  Mr.  Pre- 
sident, to  ask  a  few  questions,  for  information 
only.  First,  I  desire  to  inquire  how  we  can 
commit  a  thing  which  has  already  been  com- 
mitted? and,  second,  inasmuch  as  the  motion  of 
the  gentleman  from  Nye  is  to  recommit  the  ar- 
ticle to  a  committee  of  five,  and  it  has  already 
been  recommitted  to  a  committee  of  three, 
which  committee  will  get  it,  if  the  present  mo- 
tion prevails? 

The  PRESIDENT  pro  tern..  The  Chair  did 
not  so  understand  the  motion  of  the  gentleman 
from  Nye  ;  and  furthermore,  the  Chair  is  in- 
formed that  the  article  is  not  yet  in  the  hands 
of  the  committee  to  which  it  was  referred  by 
the  first  motion. 

Mr.  DeLONG.  But  the  motion  to  recommit 
was  put  and  carried. 

Mr.  JOHNSON.  I  hope  the  gentleman  from 
Storey  will  not  insist  upon  his  point  of  order, 
because  probably  it  will  save  time  to  settle  the 
question  in  its  present  condition  before  the  Con- 
vention. 

Mr.  DeLONG.  Very  well ;  I  will  withdraw 
my  point  of  order  upon  the  motion,  although  I 
still  do  not  think  it  is  in  order  to  make  one 
motion  to  recommit  on  the  top  of  another. 

The  question  was  taken  on  Mr.  Proctor's  mo- 
tion to  recommit,  with  instructions,  and  it  was 
not  agreed  to. 

THE  three-fourths  VERDICT. 

Mr.  DUNNE.  I  desire  to  move  a  further 
supplementary   instruction   to   the   committee. 


200 


DECLARATION  OF  RIGHTS. 


[7  th  da;f. 


Monday,] 


DCXXE — NOCRSE. 


[July  11. 


I  move  to  instruct  the  committee  to  which  was  \ 
rfcoiiiinittfil  Article  I,  to  aiiu'iul  Section  3  of 
(Miiil  Article.  )iv  iiisertiiis;  in  the  i)roviso.  after 
the  worils  ••  by"  a  two-tliinls  vote  of,"  the  words  i 
••  all  the  members  elected  to,"'  so  as  to  read  :—  ] 
"  Proriilfil,  The  Legislature,  by  a  law  passed  by  a 
two-thir.ls  voU'  of  all  the  members  elected  to  each 
bnuieh  thereof,  may  reiiuire  a  vmauimous  verdict,  not- 
wiUietauding  this  provision. 

I  have  made  that  motion  for  the  purpose  only 
of  brin-riufr  this  nuestioii  before  the  Conven- 
tion. We  have  heretofore  ailopted  a  provision, 
that  any  and  every  law  must  have  a  majority 
vote  ofall  the  nuMubers  elected  to  each  branch  ; 
und  it  seems  to  have  been  the  intention  of  the 
Convention  to  recpiire,  for  the  purpose  of  mak- 
injr  the  change  .contemi)lated  in  this  proviso, 
somethinjj;  more  than  the  vote  rccjuired  to  pass 
an  ordinary  bill.  Now.  if  yon  will  refer  to  the 
a})portioiunent  made  for  last  year — and  tlie  ap- 
portionment may  Ije  the  same  for  this  year — 
you  will  lind  lliat  the  Senate  is  composed  of 
w'venteen  members,  a  majority  of  which  num- 
her  will  be  nine  members,  but  unless  the  words 
I  propose  to  insert  are  adopted,  merely  a  two- 
thirds  vote  of  a  ([uorum  mijilit  make  this  im- 
portant amendment,  provided  that  two-thirds 
vote  constituted  a  majority  of  all  the  members 
elected  :  and  therefore  there  would  practically 
be  no  distinction  between  the  number  of  votes 
rc(piired  to  make  the  alteration  contemplated 
in  this  proviso,  and  the  number  of  votes  re- 
quired fur  passing;  any  ordinary  law.  But  it, 
by  my  amendnu-nt.  we  require  a  vote  of  two- 
thirds  ofall  the  members  elected,  then  it  would 
be  necessary  to  obtain  twelve  votes  out  of  the 
w'veiiteen  to  make  this  change,  instead  of,  as 
the  section  luiw  stands,  only  a  two-thirds  vote 
of  all  the  members  present,  provided  that  two- 
thirds  constitutes  a  constitutional  majority.  W 
it  be  the  desire  of  the  Conveiitioii  to  require  a 
larger  vote  to  make  this  change  than  to  pass 
any  other  bill,  then  1  think  it  luust  be  obvious 
Uiat  this  amendment  is  necessary. 

The  <pie.-;tion  was  taken  on  Mr.  Dunne's  mo- 
tion, and  on  a  division,  it  was  agreed  to — ayes, 
17  ;  noes,  not  counted. 

P.\I{AM0LXT   AU.EOIAXCK. 

Mr.  Id  NXK.  Now,  I  desire  to  call  the  atten- 
tion of  tlie  Convention  to  the  woi-ding  of  Sec- 
lion  '1  <if  this  Article.  It  says  in  that  section, 
OA  it  now  stands  : — 

"  But  the  ]iRranioiiiit  allepiance  of  every  citizen  is 
due  to  the  Federal  Onveniiiieiit,  in  the  ixirei.se  of  all 
itM  c<inHtituti(iiial  powerH,  aw  the  same  have  been  or  may 
l>e  difliH-d  l)y  the  Federal  .Judiciary,  and  no  jiower  ex- 
iKtH  in  the  peojde  of  tliin  or  any  other  State  of  the  Fed- 
eral Union  to  diHKolve  their  connection  therewith,  or 
perform  any  act  t<-udiiig  to  impair,"  etc. 

1  conceive  that  a  pidnt  is  involved  here  which 
agitates  ilic  minds  (d'  men  all  over  the  I'liion  at 
tliis  tini',  and  that  is,  whether  or  not  the  peojile 
of  a  Slate  have  a  right,  by  their  own  action,  to 
(leK'rmine  the  existence  of  the  State,  as  a  SUxte 
in  the  I'liion.  As  this  clause  now  reads,  I  do 
Dot  think  it  touch<'s  that  point.     It  simply  says 


that  the  people  of  the  State  have  no  right  to 
dissolve  their  connection  with  the  peo))le  of  the 
United  States,  or  to  subvert  the  authority  or  the 
acts  of  the  (Jovernment  of  the  United  Slates. 
That  does  not  reach  the  case  of  the  act  of  a 
State  providing  for  its  own  cessation,  as  a  State, 
because,  if  the  doctrine  advanced  by  many 
statesmen  of  the  I'nion  is  correct,  and  1  believe 
it  is,  then  if  a  State,  by  legislative  enactment, 
or  by  the  action  of  a  convention  of  the  peo]de, 
such  as  is  here  assembled  to-day,  shall  choose, 
subsequent  to  the  adoption  ol' their  Constitution, 
to  meet  and  repeal  that  Constitution,  they  may 
thereby  determine  their  existence  as  a  State. 
Or,  in  other  words,  it  is  held  that  the  same 
power  which  creates  a  State  Constitution  has 
the  right  to  destroy  that  State  Constitution,  and 
end  the  State  organization.  Now,  under  this 
section,  as  it  is  worded  here,  the  positicui  is  en- 
tirely temible,  that  the  people  have  a  right  to 
destroy  the  State  organization,  aiul  the  only 
limitation  is  the  declaration  tlrat  they  have  no 
right  to  sever  their  connection  with  the  United 
Strifes, 

Mv.  DeLONG.  How  does  the  gentleman  wish 
to  ameiul  it  ? 

Mr.  DUNNE.  I  do  not  wish  to  amend  it ;  I 
only  wish  to  call  attt'ution  to  the  fact — for  it  is 
a  question  which  is  now  agitating  the  whole 
Union — whether  or  not  the  people  of  a  Sta'.e 
may  meet  in  convention  to  rescind  a  Constitu- 
tion previously  adopted.  I  believe  that  if  the 
people  of  a  State  do  so  mad  an  act,  it  destroys 
the  State  Constitution  and  the  State  organiza- 
tion altogether,  but  it  still  undoubtedly  leaves 
them,  as  a  people,  under  the  Government  of  the 
United  States,  and  in  the  same  position,  in  re- 
spect to  that  Government,  that  they  were  in  be- 
fore their  organization  as  a  State.  That  is  the 
only  doctrine,  as  I  understand,  which  is  con- 
templated in  this  section,  upon  a  strict  reading 
of  it ;  because,  if  it  be  the  design  to  say  that 
the  people  cannot  sever  their  connection  with 
the  State,  or  destroy  the  organization  of  the 
State,  then  every  one  who  has  studied  Lindley 
Murray  knows  "that  the  word  "  its"  should  be 
substituted  for  the  word  "  their,"  so  as  to  read  : 

"  No  power  exists  in  the  people  of  this  or  any  otlicr 
State  of  the  Federal  Union  to  dissolve  Us  connection 
therewith." 

Of  course  they  cannot  destroy  ffteir  connection, 
because  they  are  part  of  the  Union  ;  but  if  we 
mean  that  there  is  no  power  to  destroy  the  I'X- 
isteiu'c  of  this  State,  as  a  State  in  the  I'nion, 
then  we  must  strike  out  the  word  '■  their,"  and 
insert  the  word  '•  its." 

[The  Phesiokxt  in  the  Chair.] 

Mr.  NOURSH  Let  us  see  if  the  gentleman 
is  giving  the  correct  interpretation.  1  have 
never  ob.-^erved  it  before,  ])ut  it  strikes  me  that, 
as  it  stands,  it  oidy  prevents  tlie  jx'ojjle  from 
severing  their  connection  with  the  State.  Let 
lis  see  how  it  will  read,  leaving  out  the  disjunc- 
tive, and  fdling  up  the  ellip.sis  : — 

"  No  ijowcr  exists  in  the  people  of  this  State,  no 
power  exists  in  the  people  of  any  other  State  iu  the 


Ttli  day.] 


DECLARATION  OF  RIGHTS. 


201 


Monday,] 


DcxxE — DkLoxg— NouRSE — Haines — Frizell. 


[July  11. 


Federal  Union,  to  dissolve  their  connection  there- 
with." 

■ — It  seems  to  ine  it  only  limits  the  power  of  the 
people  of  the  State  in  regard  to  dissolving  their 
connection  with  the  State  ;  therefore.  I  would 
like  to  make  the  amendment  suggested  by  the 
gentleman. 

Mr.  DUNNE.  I  am  satisfied  with  the  language 
of  the  provision  as  it  is  ;  but  I  think  that  mem- 
bers of  the  Convention  have  not  generally  no- 
ticed it.  AVhen  it  says,  "No  power  exists  in 
the  people  of  this  State,"  etc.,  it  is  referring  to 
the  paramount  allegiance  due  to  the  Federal 
Government.  It  says,  '•  The  paramount  allegi- 
ance of  every  citizen  is  due  to  the  Federal 
Government,"  and  then  it  goes  on  to  say  that 
there  is  no  power  in  the  people  of  this  State  to 
dissolve  their  connection  therewith  ;  and  it  goes 
on  further  to  add,  '•  or  performing  any  act  tend- 
ing to  impair,  subvert,  or  resist  the  supreme 
authority  of  the  Government  of  the  United 
States."  I  think  that  it  refers  entirely  to  our 
Federal  relations. 

Mr.  DeLONG.  I  think  the  section  is  right  as 
it  stands.  I  have  always  regarded  the  Federal 
Union  in  the  light  of  a  contract  between  two 
parties,  and  neither  the  State  nor  the  people  of 
a  State  have  the  right  to  destroy  that  contract, 
without  the  consent  of  the  Federal  Govern- 
ment. 

Mr.  NO  URSE.  This  first  clause—"  No  power 
exists  in  the  people  of  this  or  any  other  State 
of  the  Federal  Union  to  dissolve  their  connec- 
tion therewith" — that  is,  with  the  State,  as  it 
seems  to  me  to  read — I  think  is  right,  as  far  as 
it  goes.  Then  the  next  clause — "  or  perform 
any  act  tending  to  impair,  subvert,  or  resist  the 
supreme  authority  of  the  Government  of  the 
United  States" — seems  to  me  to  cover  the  other 
matter,  as  to  their  connection  with  the  Federal 
Union,  so  that  the  whole  section  looks  to  me  to 
be  right  as  it  now  stands. 

Mr.  DUNNE.  But  there  is  nothing  in  it  to 
deny  the  power  of  destroying  the  existence 
of  a  State  as  a  State.  There  is  nothing  what- 
ever in  it  which  says  that  the  State  can  not 
terminate  its  State  existence,  while  continuing 
to  express  loyalty  to  the  General  Government, 
and  a  desire  to  continue  as  a  people  under  the 
(Jeneral  Government.  There  is  nothing  it  in 
which  reaches  acts  of  secession  regarding  the 
existence  of  a  State.  Provided  a  country  has 
once  been  erected  into  the  attitude  of  a  State, 
there  is  nothing  to  prevent  its  returning  to  the 
condition  of  a  Territory. 

Mr.  NOURSE.  Would  not  that  be  in  contra- 
vention of  the  first  clause,  which  says,  "  they 
shall  not  dissolve  their  connection  therewith  " — 
that  is.  as  a  State  ?  And,  secondly,  if  the  peo- 
ple undertook  to  secede  as  a  State,  would  not 
that  be  an  act  tending  to  impair  the  authority 
of  the  United  States,  which  is  prohil>ited  in  the 
following  clause?  It  seems  to  me  that  both  are 
included.  First,  they  cannot  abrogate  their 
Constitution  as  a  State,  and  in  the  next  place, 
they  cannot  impair   or   subvert  the   supreme 


authority  of  the  Government  of  the  United 
States. 

Mr.  DUNNE.  I  desire  to  make  no  change, 
and  unless  some  one  else  does  offer  an  amend- 
ment, there  is  nothing  before  the  Convention  on 
that  point. 

The  PRESIDENT.  This  colloquy  has  been 
a  little  out  of  order,  of  course,  but  supposing 
it  to  be  with  a  view  to  })roposing  some  change, 
the  Chair  has  tolerated  the  discussion.  The  ar- 
ticle is  now  in  the  hands  of  the  committee 
charged  with  the  duty  of  nniking  anu-ndments. 

Mr.  DUNNE.  I  wish  to  make  an  explanation, 
in  order  that  a  reconsideration  may  be  had,  if 
necessary.  It  is  usual,  I  think,  when  a  subject 
is  referred,  that  it  should  go  into  the  hands  of 
its  friends,  and  for  my  part.  I  should  be  opposed 
to  making  the  report  required  Ijy  the  supple- 
mentarv  instructions  of  the  Convention. 

The  PRESIDENT.  Will  the  gentleman  allow 
me  to  correct  him  ?  The  further  instructions  to 
which  the  gentleman  refers,  were  not  adopted. 

MEMBER  QUALIFIED. 

Mr.  J.  W.  HAINES.  Delegate  elect  fi-om  Dou- 
glas County,  having  t  iken  and  subscribed  the 
oath  of  office,  took  his  seat  as  a  member  of  the 
Convention. 


Mr.  DUNNE,  from  the  special  committee  to 
which  was  referred  Article  1,  with  instructions 
to  make  certain  amendments,  reported  the  same 
back  to  the  Convention  with  amendments  in 
accordance  with  such  instructions,  as  follows  : — 

Amend  Section  3  of  said  article  by  inserting  in  the 
proviso  between  the  words  "of"  and  "each,"  the 
words  "all  the  members  elected  to;"  also  amend  Sec- 
tion 19  of  said  article  by  adding  thereto  the  words 
"no  person  shall  be  con\'icted  of  treason,  unless  on 
the  e^idence  of  two  witnesses  to  the  same  overt  act,  or 
on  confession  in  open  court." 

The  question  was  taken  on  adopting  the 
amendments  reported  by  the  committee,  and 
the  amendments  wore  adopted. 

The  question  recurred  on  the  final  passage  of 
the  article,  as  amended. 

Mr.  DUNNE.  I  suggest  that  Sections  3  and 
19.  having  been  amended,  should,  perhaps,  be 
reengrossed.  I  suppose,  however,  that  there 
will  be  no  difficulty  in  considering  them  en- 
grossed at  this  time,  and  placing  the  article  on  its 
final  passage.  I  will  therefore  move  that  Sec- 
tions 3  and  19  be  considered  engrossed. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

The  PRESIDENT.  The  question  is  now  on 
the  final  passage  of  the  entire  article. 

PARAMOrXT    ALLEGIAXCE — AGAIN. 

Mr.  FRIZELL.  If  the  President  please,  and 
'  with  the  leave  of  the  Convention,  I  would  like 
j  to  make  a  few  remarks  on  this  second  section. 
My  reasons  are.  that  if  the  remarks  which  have 
been  made  by  the  gentleman  from  Humboldt, 
(Mr.  Dunne.)  should  be  reported,  and  go  out 
into  the  community,  they  might  create  some 


202 


DECLARATION  OF  RIGHTS. 


[7th  day 


Monday,] 


PnOCTOR— HaWLEY— ChAPUJ— DeLONG— KiNKEAD— HOVET. 


[July  11. 


misnndtTstandinf!:.  and  it  is  well  for  us  all  to  ] 
thon.ujrhtv  midiTJitanil   this  article,  if  we  can 
possililv  arrive  at  a  corroct  conclusion  as  to  its 
meaning.     I  will  not  occupy  more  than  three 
minute-s  time.     ["Leave!    leave!**]  ] 

The  hmgiiafre  hero  used  is  —  ! 

'•All  politji-al  powtr  is  iuUorint  in  the  people.  Gov- 
erninciit  is  iustituttii  fer  the  protection,  security,  and 
beutlit  of  the  people  ;  and  thi y  have,  the  right  to  alter 
or  reform  the  same  whenever  the  public  good  may  re- 
quirt'  it.  But  the  paramount  allegiance  of  every  citi- 
een  is  due  to  the  Federal  Government."  1 

Now.  Mr.  Trcsident.  I  take  it  that  this  first  part . 
of  the  section  applies  to  the  people  of  the 
United  States.  Then  in  the  latter  clause,  as 
read  by  me.  it  applies  to  the  people  in  their 
individual  capacity,  in  their  allegiauee  to  the 
Federal  (iovernment.  ■'  But  the  paramount  al-  \ 
legiance  of  every  citizen  is  due  to  the  Federal 
Government."  Then  gentlemen  will  notice  j 
that  this  language  follows  : —  1 

"And  no  power  exists  in  the  people  of  this  or  any  ' 
other  State  of  the  Federal  Union  to  dissolve  their  con- 
nection therewith."  | 

Now  what  is  the  meaning  of  that  language?  It! 
is  treating  there  of  the  people  in  their  aggregate 
capacity — their  corporate  existence  as  a  State — 
not  a.s  "individuals.  In  the  first  place,  as  the 
section  reads,  it  applies  to  the  whole  people  as  \ 
a  nation — the  whole  people — and  in  the  next 
place.  Mr.  President,  it  dehnes  the  personal  and 
individual  allegiance  of  the  citizen  to  the  Fed- 
eral (iovernment.  We  say  here,  sir.  as  1  under- ' 
stand  it.  in  language  as  concise  and  well  defined 
a.s  we  could  possibly  obtain  in  the  English  lan- 
guage, that  under  our  particular  system  and  j 
theory  of  government— which  is  as  strong  and  ' 
perfect  as  it  can  be  made — "No  power  exists  in  | 
the  jieople  of  this  or  any  other  State  of  the 
Federal  I'nion  " — (evidently,  sir,  referring  to  j 
the  people  in  the  capacity  of  a  State  or  in  their  j 
corporate,  or  aggregated  existence) — to  dissolve  I 
their  connection  therewith.  That  is  my  un- ! 
derstanding  of  the  matter,  and  these  are  the 
only  remarks  which  1  desired  to  make  on  the 
subject. 

Tlie  question  was  taken  by  yeas  and  nays  on 
the  final  passage  of  the  article  as  amendeil,  and 
the  vote  resulted— jeas,  28 ;  nays,  1 — as  fol- 
lows : — 

Yeas — MeRoni.  Banks,  Brady,  Brosnan,  Chapin,  Col- 
llnB,  Crawford,  Defxjng,  Dun.ie,  Fitt.h,  Frizell,  Folwom, 
Oilisou,  Haines,  Hawley,  Hovey,  Hudson,  Kinkead, 
Lockwood,  Mason,  McClinton,  JIurdiK-k,  Nour.sc,  Par- 
ker, .Sturfevant,  Taghabue,  Tozer,  Wetherill,  and  Mr. 
PreHidellt— 2«. 

yayt — Mr.  Proctor — 1. 

So  the  article  was  j)assed. 

Mr.  I'KOCTOH.  I  would  like  to  explain  my 
vote  on  this  article,  if  there  is  no  iibjcctinn.  I 
have  been  (■rinii)ellc(|  to  vote  against  the  wlldle 
articlt-  on  account  of  the  latter  clause  of  .Scf- 
tion  2,  in  ndation  to  jtaramount  allegiance  : 
and  I  have  voted  against  it  also  on  account  of 
the  amendment  of  the  jury  system,  ))y  which 
it  is  providecl,  in  Sectir)n  '.i,  that  a  verdict  may 
be  rendi-red  in  certain  cases  by  two-thirds  of 
the  jury.     I  voted  against  it,  also,  on  account 


of  the  innovation  in  the  grand  jury  system,  ia 
Section  8. 

THE  EXROLLMENT. 

Mr.  HAWLEY.  I  rise  for  some  information. 
As  Chairman  of  the  Enrolling  Committee,  I 
feel  particularly  anxious  to  facilitate  the  com- 
pletion of  our  work.  I  have  been  informed 
by  a  gentleman  who  is  probably  known  to 
every  member,  and  who  is  undoubtedly  com- 
petent to  judge,  that  it  will  require  at  Ipast  two 
days  and  a  halt  to  enroll  the  Constitution.  It 
is  important  to  have  the  work  under  way  as 
soon  as  possible,  but  it  is  impossible  for  the 
Enrolling  Committee  to  take  any  action  upon 
it  until  the  Committee  on  Phraseology  shall 
have  reported,  so  that  we  may  know  whether 
the  ordinance  shall  precede  the  resolution,  or 
the  resolution  the  ordinance,  and  so  on  to  the 
end.  We  cannot  begin  the  work  at  all  until 
we  understand  the  order  of  precedence. 

Mr.  CHAPIN.  I  move  that  ,so  much  of  the 
Constitution  as  has  been  already  finally  passed, 
be  referred  to  the  Committee  on  Phraseology, 
with  the  request  that  they  report  at  their  earli- 
est convenience.  I  understand  that,  upon  Ar- 
ticle II.  there  is  likely  to  be  a  considerable 
amount  of  discussion.  I  shall  take  no  part  in  it 
myself,  but  I  am  satisfied  that  gentlemen  will 
oppose  several  portions  of  it  as  it  now  stands, 
having  been  adopted  in  Committee  of  the 
Whole. 

Mr.  DeLONG.  I  suggest  that  the  article 
which  we  have  already  passed,  should  bo  at 
once  ordered  enrolled. 

Mr.  KINKEAD.  But  the  phraseology  should 
be  first  attended  to. 

The  question  was  taken  on  Mr.  Chapin 's 
motion  to  refer  so  much  of  the  Constitution  as 
had  been  finally  adopted  to  the  Committee  on 
Phraseology,  with  instructions  to  report  at 
their  earliest  convenience,  and  the  motion  was 
agreed  to. 

At  five  minutes  before  twelve  o'clock,  the 
Convention  took  a  recess  until  one  o'clock, 
P.  M. 


AFTERNOON  SESSION. 

The  Convention  reassembled  at  one  o'clock, 
and  was  called  to  order  by  the  President. 

(JIE.STION    OF   I'KIVII.EGE. 

Mr.  HOVEY.  I  rise  to  a  question  of  privilege. 
When  we  had  under  consideration  Section  ti  of 
Article  VHI,  I  moved  to  strike  that  section  out, 
and  I  see  by  the  report  in  the  Virginia  Union, 
that  I  am  rei)resented  as  being  opposed  to 
liaiikiiig  institutions.  I  wish  to  be  correctly 
rejucsented  in  that  respect.  I  am  in  favor  of 
either  giving  the  Legislature  power  to  pass  a 
general  )<anking  law,  or  of  availing  ourselves 
of  the  general  banking  law  of  Congress,  estab- 
lishing L'nite(l  States  ))anking  institutions. 

The  PRESIDENT.  The  gentleman's  position 
will  no  doubt  be  corrected  by  the  reporters. 


7th  day.] 


PACIFIC  RAILROAD. 


203 


Monday,] 


Dunne — Hawley — Fitch — Haines — Hovey — Sturtevaxt. 


[July  11. 


committee  of  the  whole. 

Mr.  DUNNE.  I  move  that  the  Convention 
now  resolve  itself  into  the  Committee  of  the 
Whole,  the  President  remaining  in  the  Chair, 
for  the  further  consideration  of  Article  VIII  of 
the  Constitution. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

MUNICIPAL  AND  OTHER  CORPORATIONS. 

The  Convention  accordingly  resolved  itself 
into  the  Committee  of  the  Whole,  (the  Presi- 
dent remaining  in  the  Chair.)  and  resumed  the 
consideration  of  Article  VIII.  entitled  Munici- 
pal and  other  Corporations. 

PACIFIC  RAILROAD. 

The  CHAIRMAN.  When  this  article  was 
last  under  consideration  in  Committee  of  the 
AVhole,  the  Committee  had  reached,  and  had 
under  consideration  Section  9,  the  question 
being  on  an  amendment  offered  by  the  gentle- 
man from  Storey,  (Mr.  Hovey.)  to  strike  out 
the  words  "  to  the  company  that  shall  first  build 
a  railroad  to  the  State  line,"'  and  insert  instead 
the  words,  "  to  some  one  railroad  to  be  built." 
The  gentleman  from  Ormsby  (Mr.  Lockwood) 
had  also  offered  an  amendment,  to  strike  out 
all  after  the  words  ''  charitable  purposes,"  that 
is,  to  strike  out  the  entire  proviso.  The  imme- 
diate question  before  the  Committee  will  be 
the  amendment  proposed  by  the  gentleman 
from  Storey  (Mr.  Hovey). 

Mr.  HAWLEY.  It  may  be,  perhaps,  a  deli- 
cate suggestion,  inasmuch  as  it  may  render  me 
liable  to  be  classed  with  those  who  are  said  to 
be  desirous  of  wasting  the  time  of  the  Conven- 
tion, but  still  I  will  venture  to  make  the  sug- 
gestion, that  the  gentleman  from  Washoe  (Mr. 
Nourse)  has  expressed  a  wish  to  make  some 
remarks  in  opposition  to  this  Pacific  Railroad 
proviso,  and  his  desire  to  close  the  debate 
upon  the  pending  amendment.  I  would  suggest 
to  gentlemen,  therefore,  inasmuch  as  others 
have  had  an  opportunity  of  expressing  their 
opinions  freelj',  that  it  would  be  no  very  great 
stretch  of  courtesy  to  allow  the  gentleman 
from  Washoe  that  privilege. 

The  CHAIRMAN.  The  Chair  will  suggest 
that  we  could  informallj^  pass  over  this  section. 

Mr.  FITCH.  The  gentleman  from  AVashoe  is 
not  here  at  present,  but  I  suppose  he  will,  in 
any  event,  have  an  opportunity  to  express  his 
views  before  the  vote  on  the  final  passage  of 
the  article.  I  dislike  to  pass  over  our  work,  or 
to  delay  it  because  gentlemen  do  not  happen 
to  be  present. 

Mr.  DUNNE.  It  is  some  time  since  the  gen- 
tleman from  Washoe  expressed  that  desire  to 
the  Convention,  and  he  certainly  knew  that  this 
was  the  next  business  in  order  before  us,  and 
if  he  is  so  extremely  anxious  to  express  his 
views,  he  will  naturally  be  here  in  time  to  do 
so  ;  besides,  he  may  have  changed  his  mind  on 
the  subject. 


The  CHAIRMAN.  The  question  before  the 
Committee  is  the  adopiion  of  the  amendment 
offered  by  the  gentleman  from  Storey  (Mr. 
Hovey). 

Mr.  HAINES.  As  I  have  not  been  here  dur- 
ing the  previous  discussion  of  this  subject,  I 
desire  to  make  a  few  remarks  upon  it.  This  is 
a  question  which  was  agitated  and  debated 
very  fully  in  our  last  Convention,  and  I  must 
say  that  I  do  not  fully  understand  the  amend- 
ment now  proposed.  I  will  therefore  ask  that 
the  Secretary  read  the  amendment  again,  or 
rather,  that  he  read  the  proviso  as  it  will  stand 
with  the  amendment. 

The  Secretary  read  the  proviso  as  proposed 
to  be  amended,  as  follows  : — 

"Provided,  That  the  State  may  issue  bonds,  or  secure 
the  payment  of  principal  or  interest,  or  both  principal 
and  interest,  of  bonds,  to  an  amount  not  exceeding 
three  millions  of  dollars,  at  a  rate  of  interest  not  ex- 
ceeding seven  per  cent,  per  annum,  on  such  terms  as 
the  Legislature  may  prescribe,  to  some  one  railroad 
to  be  built  connecting  this  State  with  the  navigable 
waters  of  California,  or  with  the  navigable  waters  of 
the  Mississippi  River;  but  no  law  to  issue  bonds  shall 
be  etfective  unless  sanctioned  by  a  vote  of  the  people.  * 

Mr.  HAWLEY.  I  rise  for  information.  I 
wish  to  ask  whether  the  amendment  does  not 
contemplate  a  restriction  of  the  issuance  of 
bonds  until  the  railroad  shall  be  completed  to 
the  line  of  the  State  ? — whether  it  is  contem- 
plated by  this  amendment  to  allow  the  bouds  to 
be  issued  before  the  railroad  is  completed  to 
the  boundary  of  the  State?" 

Mr.  HOVEY.  The  object  of  my  amendment 
was,  to  give  the  Legislature  a  chance  to  make 
an  appropriation  for  the  building  of  a  tunnel, 
if  necessary,  on  any  part  of  the  road,  even  be- 
fore it  shall  reach  the  line  of  this  State ;  all 
that  heavy  work  being  understood  to  be  west 
of  the  mountains. 

Mr.  STURTEVANT.  My  objection  to  that 
amendment  would  be,  that  it  gives  too  good  a 
chance  for  speculation.  That  is  to  say,  the 
wording  of  it  being,  "  to  some  one  railroad  to 
be  built,"  nobody  can  tell  who  will  get  the  ap- 
propriation. I  cannot  say,  and  no  member  can 
say  which  road  will  be  built  first,  or  which  road 
will  reach  the  State  line  soonest.  Now.  as  I 
understand  it,  the  object  of  this  appropriation 
is  for  the  purpose  of  encouragement — to  shove 
along  the  road.  The  company  which  gets  here 
first  is  to  be  considered  the  best  fellow,  and 
that  company,  it  is  supposed,  will  stand  the 
best  show  of  securing  the  appropriation.  If 
that  were  really  the  case,  there  would  be  no 
chance  for  speculation  about  it ;  but  the  com- 
pany getting  here  first  would  be  entitled  to, 
and  would  receive,  the  appropriation  author- 
ized in  this  Constitution.  But  according  to  this 
amendment,  if  it  should  prevail,  my  understand- 
ing would  be  that  the  api)ropriation  will  be 
made  to  some  road  to  be  built  thereafter.  Now 
we  all  have  had  some  experience,  undoubtedly, 
in  these  things,  and  we  know  that  strong  influ- 
ences are  brought  to  bear  in  the  Legislature. 
Heavy  log-rolling  is  done  in  pretty  much  every 


204 


PACIFIC  RAILROAD. 


[Tth  day. 


Monday,] 


HovET — Banks — Hawley. 


[July  11. 


Lpgrislahirc.  anrl  this  appropriation  would  rery 
pos<iliIv  he  pivt-n  ti>  soiik'  f(>ni]);iiiy — there  is 
n'»  kiunvinji  who  woiilil  compose  it.  nor  when 
that  company  would  accomidish  the  work. 
That  is  my  undi'r.-tanding  of  the  amendment 
oirered  liythe  gentleman  from  Storey,  and  that 
is  my  e-pecial  ohjection  to  it. 

Mr.  IIOVICV.  I  lo(dv  upon  our  position  here 
a«  being  somewhat  like  that  occui)ied  by  the 
city  of  Hntlalo.  in  respect  to  the  Great  Western 
KaUroail  in  t'anada.  In  order  to  tap  that  road. 
.Bii  tliat  the  city  could  receive  the  benefit  of  it. 
they  appropriated  si.\  linndred  thousand  dol- 
lars, and  they  hiid  every  didlar  of  tliat  ajjpro- 
priatiiMi  out  in  the  province  of  Canada ;  and 
yet  there  is  no  doubt  that  it  was  a  good  invest- 
ment for  the  city  of  Bntfalo.  Now,  we  may 
fiiitl  ourselves  in  the  sanu'  position  in  regard  to 
tliis  tnnnel.  or  deep  cut.  whichever  it  may  be, 
by  which  this  road  is  to  cross  the  Sierras,  and 
it  is  f(ir  that  reason  that  I  propose  to  give  the 
Legislature  a  chance  to  subscribe  towards  the 
work,  or  rather,  to  give  the  Legislature  the 
power  to  allow  the  people,  by  their  votes,  to 
say  whellu-r  they  will  give  one  million,  two 
millions,  or  three  millions,  towards  building 
this  railroad. 

Mr.  HAXIvS.  I  had  prepared  an  amendment 
embracing  the  same  jn-oposition.  substantially, 
as  that  embodied  in  the  amendment  of  the  gen- 
tleman from  Storey.  (Mr.  llovey;)  but  as  his 
was  introduced  before  I  had  a  convenient  op- 
iMirtuuity  of  offering  iniiu'.  I  intend  to  support 
his  anr-'iidment.  and  for  reasfins  which  1  i)ro- 
pose.  very  briefly,  to  state.  I  cannot  hope  to 
cliange  the  opinions  of  gentlemen  of  this  Con- 
vention upon  this  sul)iect,  because  many  of 
them  have.  donl)tless.  devoted  much  more  time 
ami  attention  to  it  than  I  have  :  but  I  deem  it 
jiruper.  nevertheless,  that  1  should  ]iresent  to 
their  consideration  the  reasons  wliicli  will  actu- 
ate ine  in  voting.  perhai)s  in  the  minority,  upon 
this  (pa-stion.  Thi-  proposition  Viefore  us  seems 
to  me  to  be  ))lain.  I  liave  no  disposition  what- 
ever to  disguise  this  (piestion  in  order  to  secure 
the  pa.ssage  of  the  ameiidiiu'iit  under  consider- 
atidu.  upiin  anylliing  liut  a  S(piure,  straight-for- 
ward ba^is.  and  a  distinct  understanding  as  to  the 
iiwneH  involveil. 

Gentlenu-n  here  liave  biddly  proclaimed  that 
we  ought  to  do  nothing  tor  tiie  I'acific  Ilailroad 
that  does  not  invulve  the  expenditure  within 
the  limits  of  our  own  State  of  the  entire 
amount  whiih  may  lie  appro]u-iated.  Xow,  sir. 
for  oui-.  I  am  in  fa\or  of  giving  as  much  as  we 
can  in  aid  of  this  work,  without  restricting  the 
cvpcnditure  to  our  own  Territoiy,  or  within 
our  liorders.     What  we  desire  most  of  all  is,  to 

Hecuie  th< nslructioii   of  the  railroad  to  our 

l»or<lers.  and  as  far  within  them  as  is  ])ractica- 

blc-.  in  the  shortest  spa if  time.      ]   lay   this 

down  aH  a  juoposition  that  no  (uii'  in  this  Ter- 
ritory can  controvert,  that  whatever  may  be 
onr  financial  condition,  how<'ver  unable  we 
may  be  at  this  time  to  pay  heavy  taxes,  how- 
ever poor  in  all  respects  we  may  be,  it  is  cer- 


tainly beyond  question  that  we  are  too  poor  to 
do  W'Uhout  a  railroad  for  any  great  length  of 
time.    Surely  there  never  has  been  a  commu- 
nity in  the  civilized  world,  and  I  do  not  thiidc 
there  ever  will  l)e,  that  can  afford  to  pay  for  all 
it  consunu'S  ten   cents  or  more  ])er  pound.     If 
we  were  a.s  rich  as  the  wildest  imagination  ever 
conceived,  we  could  not  afford  to  pay  six  mil- 
lions, or  even  five  millions,  anniuilly,  for  our 
transportation  across  the  Sierra  Nevada  Moun- 
tains.    The  I'acific  Railroad  is.  therefore,  some- 
thing which  has  become  as  indispensable   to 
our  existence,  almost,  as  the  air  we  breathe. 
We   cannot   afford    to   pay    any   such   tax    on 
freight  as  we  are  no\v  and  have  been  ])aying, 
and  the  only  way  by  which  we  can  avoid  it.  is 
to  secure  the  construction  of  this  Pacific  Rail- 
road, at  least  to  the  eastern  slope  of  the  Sierra 
Nevadas.     Once  complete  the  railroad  up  the 
I  mountains,  and  then  there  is  nothing  to  prevent 
us   from   securing    the    advantages    of    cheap 
transportatiiui,  l>ecause  we  shall  have  a  very 
I  easy  grade   down   hill ;    and  we  may.  if  we 
choose,  roll  down  onr  barrels  of  produce,  or 
slide  down  our  l)oxes  of  merchandise  and  rna- 
■  chinery.     Get  the  railroad  through  to  the  sum- 
i  mit,  and  not  only  do  we  have  on  this  side  an 
\  easy  grade,  that  will  almost  admit  of  the  con- 
i  struction  of  the  rest  of  the  road  by  the  appro- 
I  priation  made  by  Congress,  but  we  have  also 
secured   railroad   commvuiication    to   a    point 
I  where  the  necessity  will  be  greatly  diminished. 
j      Now,  Mr.   Chairman,   this   amendment   pro- 
j  ]iose(l  bv  the  gentleman  from  Storev,  contem- 
plates that  the  Legislature  of  the  State  of  Ne- 
j  vada  may,  in  its  discri'tion,  and  with  the  sanc- 
I  tion  of  the  i)eople,  appropriate  money  or  issue 
:  bonds  for  the  construction  of  this  railroad,  and 
I  also    that    the    Legislature   may    providi'    that 
such  approjiriation  siiall  be  expended  \\iierever 
j  in  their  judgment  is  best  and  most  appro])riate, 
I  or  where  it  will  best  secure  the  early  transporta- 
tion of  freights  to  this  State  at  cheaj)  rates.    The 
heaviest  work,  it  is  notorious,  is  on  the  other  side 
of  the  State  line.    There  the  most  expensive  tun- 
I  nels  are  to  be  bored,  there  the  heaviest  grading 
i  is  to  1)0  done,  and  tlien-  the  most  costly  bridges 
are  to  be  built.    Any  person  who  has  examined 
I  the    reports   made   to    this   railroad  conii)any, 
knows  very  well  that  when  once  the  railroad 
reaches  the  .'^tate  line,  this  State  will  not  neces- 
sarily be  rerpiired  to  furnish  any  aid   in  build- 
ing it  on  this  side,  in  addition   to  the  amount 
approjtriated  by  the  (Jovernment  of  the  I'nited 
Slates.      If.  therefore,   we   desire   to  overcome 
the  great  difficulties,  the  chief  of)Stacles  in  the 
I  way  of  this  w(U'k,  at  the  earliest  practicable  pe- 
'  riod,  let  us  leave  this  jirovision  of  the  Consti- 
tution in  such  a  way  that  the  Legislature  may, 
in ^ its  wise   discretion,  contribute    the   money 
where  it  is  most  wauteil,  and  not  wait  until  the 
railroad   is  comjileted  to  a   ])oint   which    will 
plac<'  it  beyond  the  necessity  of  our  aid.     I 
hope   the   Convention  will  adopt  the   amend- 
ment. 
Mr.  IIAWLEY.     1  wish  to  suggest  that  the 


7tli  day 


PACIFIC  IIAILROAD. 


205 


Monday,] 


Banks — Hawley — Hovey— Fitch — DeIjOxg. 


[July  11. 


amendment  ofifered  by  the  gentleman  from 
Storey,  does  not,  as  I  conceive,  fully  cover  tlie 
ground.  It  does  not,  in  my  judgment,  guard 
the  interests  of  the  State,  in  the  best  manner, 
or  secure  the  best  application  of  the  approjjri- 
ation  to  be  made.  If  I  am  correctly  informed, 
there  are  rival  companies  which  will  be  likely 
to  strain  every  nerve  to  secure,  beyond  the 
possibility  of  forfeiture,  the  appropriation  which 
the  Congress  of  the  United  Slates  has  given, 
or  provided  to  be  given,  to  the  company  which 
shall  lirst  comply  with  the  terms  upon  Avhlch 
that  appropriation  depends. 

Mv.  BANKS.  Will  the  gentleman  give  way 
for  a  question  ? 

Mr.  HAAVLEY.    Certainly. 

Mr.  BANKS.  I  wish  to  ask,  for  my  own  sat- 
isfaction, and  perhaps  that  of  others,  whether 
Congress  has  really  made  any  appropriation 
that  can  be  availed  of  by  anybody  except  this 
Central  Railroad  Company  ?  Is  there  any  pros- 
pect of  any  other  company  whatever  securing 
the  appropriation  made  by  Congress? 

Mr.  HAWLEY.  That  has  been  a  question  in 
my  own  mind.  I  may  be  misinformed  on  the 
subject,  and  entirely  in  the  dark  in  i"elation  to 
it,  but  I  am  told  that  there  is  another  company 
now  striving  to  get  it. 

Mr.  BANKS.  I  do  not  know  anything  about 
it ;  that  is  why  I  asked  the  question. 

Mr.  HAWLEY.  That  is  the  case,  if  I  am 
correctly  informed,  and  if  not,  I  wish  to  be  set 
right.  AVhat  1  wish  to  suggest  is,  that  we  should 
not  pass  this  provision  in  such  a  form  as  to  re- 
strict it  to  one  company.  I  have  no  objection 
to  granting  aid  to  the  company  that  is  going  to 
build  the  road  before  they  get  to  the  State  line, 
but  I  think  it  would  be  almost  a  suicidal  act  to 
pass  this  amendment  and  leave  the  i:)rovision  in 
such  a  form  as  to  allow  those  rival  companies 
to  lobby  for  it  (to  use  the  expression  of  the 
gentleman  from  Washoe)  in  the  Legislature  of 
the  State.  If  such  a  condition  of  affairs  does 
exist,  I  suggest  that  it  would  be  suicidal  to 
pass  the  amendment,  unless  the  Legislature  is 
restricted  to  granting  aid  to  that  company 
which  shall  receive  the  benefits  of  the  grants 
and  donations  made  by  the  Government  of  the 
United  States.  If  the  assertion  made  to  me, 
that  there  is  a  rival  compan3^  has  no  basis  of 
fact ;  if  there  is  no  rival  to  this  Pacific  Rail- 
road Company,  then  it  amounts  to  nothing  ;  but 
if  there  is  such  a  rival,  it  of  course  amounts  to 
a  great  deal. 

Mr.  IIOVEY.  I  think  by  the  time  the  people 
are  called  upon  to  vote  upon  this  question,  they 
will  have  become  satisfied  as  to  which  road 
they  want  to  grant  the  appropriation  to  — 
whether  to  the  Central  Pacific  route,  or  to  the 
Placerville  route. 

Mr.  FITCH.  I  was  at  first  inclined  to  sup- 
port the  amendment  offered  by  the  gentleman 
from  Storey,  (Mr.  Hovey),  but  on  reflection  I 
have  concluded  to  oppose  it,  and  one  reason  for 
such  opposition  is,  that  it  is  my  desire  that  the 
sovereignty,  and  the  glory,  and  the  prosperity. 


and  the  enlightened  and  blessed  institutions  of 
Nevada  generally,  shall  l)c  extended  over  as 
large  an  area  as  possible.  Now,  sir,  if  we  pass 
this  section  hi  such  a  form  as  to  declare  that  aid 
shall  not  be  exteude  1  to  the  Pacific  Railroad 
until  it  reaches  the  State  line,  then,  there  being 
a  necessity  for  doing  a  large  amount  of  grad- 
ing, and  other  heavy  work  west  of  that  line,  as 
at  present  surveyed,  we  are,  in  effect,  offering 
an  inducement  to  the  California  Legislature — 
which  they  will  no  doubt  see  in  an  instant,  and 
in  view  of  which  they  will  probably  not  hesi- 
tate to  act— to  move  the  State  line  sixty  miles 
over  towards  the  Pacific  Ocean.     [Merriment.] 

The  question  was  taken  on  Mr.  Hovey 's  amend- 
ment, and  it  was  not  agreed  to. 

Mr.  DeLONG.  I  move  to  amend  the  section 
by  striking  out  all  after  the  words  "  Mississippi 
River  "  in  the  proviso,  and  substituting  the  fol- 
lowing : — 

"And  provided  further,  that  .such  raih-oad  comisauy 
shall  expend  the  said  amount  of  three  millions  of  dol- 
lar.s  for  the  further  construction  of  said  road  within 
the  border.s  of  this  State  ;  but  no  law  to  issue  bonds 
hereby  authorized  shall  be  effective,  unless  sanctioned 
by  a  vote  of  the  people  at  a  special  election  called  for 
that  purpose." 

Now,  Mr.  Chairman,  that  amendment  contains 
but  two  ideas  ;  one  is,  that  the  three  millions  of 
dollars  shall  not  be  donated  on  the  bonds  issued 
for  that  amount,  except  for  the  building  of  a  rail- 
road in  this  State  —  that  is,  whenever  the  com- 
pany shall  have  expended  three  millions  of  dol- 
lars for  the  railroad,  then  it  will  he  entitled  to  the 
three  millions  in  bonds.  The  other  idea  is,  that 
the  vote  upon  the  subscription  is  to  be  taken  at 
a  special  election,  called  for  that  purpose,  so  that 
the  question  shall  not  be  blended  with  more 
important  questions,  or  lost  sight  of  in  the  ex- 
citement of  a  general  election,  involving  a  strife 
for  County  and  State  officers.  The  consequence 
of  such  a  provision  would  be,  that  whoever 
should  vote  for  the  approjiriation  would  do  so 
knowingly,  and  thus  we  should  obtain  a  cor- 
rect expression  upon  that  vote.  It  is  ti  ue  that 
that  arrangement  is  subject  to  the  objection 
that  there  will  not  be  so  large  a  vote  polled  as 
there  would  be  at  a  general  election,  but  it  has 
also  the  merit  that  every  one  who  votes  at  all, 
will  vote  directly  on  this  one  proposition. 

Now,  as  to  the  first  proposition,  1  have  argued 
it  heretofore,  and  I  do  not  care  aljout  again  \  r  .- 
senting  my  views  upon  it.  I  think  if  we  leave 
this  section  so  as  to  allow  the  Legislature  to 
make  this  appropriation  of  three  millions  of 
bonds,  without  any  restriction,  the  first  Legisla- 
ture we  have  will  find  itself  beseiged  by  the 
emissaries  of  the  companies  engaged  in  loijljy- 
ing  through  the  appropriation,  and  no  doubt 
successfully.  Then  the  next  movement  will  be 
to  have  the  bonds  issued  immediately,  and 
doubtless  they  will  succeed,  also,  in  that ;  and 
before  we  get  a  i-ailroad  within  thirty-five  or 
forty  miles  of  our  borders,  these  three  millions 
in  bonds  will  all  have  been  issued.  Now,  the 
State  is  poor,  having  very  little  taxable  prop- 
erty.     These  bonds,  we  must  bear  in  mind, 


206 


PACIFIC  RAILROAD. 


[7  th  day. 


Monday,] 


Stcktevant — DeLong — Chapin. 


[July  11. 


are  to  bear  so  low  a  rate  of  interest  that  they 
cannot  l>e  st.ld  h.-re.  of  course,  but  will  have  to 
be  sold  in  New  'iork.  or  in  Kiirope.  ami  for 
eiich  eurrencv  a.-<  nuiy  then  and  there  be  in  use. 
The  enrrenev  may  at  that  time  be  more  depre- 
ciated than  It  i.«  t«>-day.  and  bearinji  this  small 
rate  of  interest  of  seven  i)er  cent..  1  do  not  im- 
agine that  our  biuuls  would  really  brin^'.  in 
gold,  more  than  twenty-five  eents  on  the  dollar. 
80  tliat  out  of  an  apjiropriation  of  three  mil- 
lions of  dollars,  the  company  would  derive  the 
actual  benefit  of  only  about  one-fourth  of  that 
amount.  Nevertheless,  we  should  find  our- 
gelves  three  millions  of  dollars  in  de])t.  upon 
which  we  should  be  oblitred  to  pay  seven  per 
cent,  interest  annually,  with  very  littb'  indeed 
in  the  way  of  taxable"  property  from  which  we 
can  derive  a  revenue  to  meet  it.  Now.  it 
strikes  me  that  three  luillions  of  dollars,  granted 
after  th<'  construction  of  the  road  to  our  own 
borders,  will  be  just  as  Iteneficial  to  the  com- 
pany as  it  would  be  if  the  same  amount  were 
aitiM-opriated  to  be  applied  for  the  completion 
of  a  road  which  lies  wholly  in  the  State  of  Cali- 
fornia, if  they  are  ever  coming  here  with  it  at 
all.  Besides!  we  should,  in  that  event,  be  hold- 
ing out  a  powerful  inducement  to  the  railroad 
company  to  push  the  road  through,  and  not 
merely  to  get  it  tip  to  the  heavy  grades  in  Cali- 
fornia', and  there  stop.  It  makes  it  an  object  to 
come  beyond  that  ditticult  point,  and  they  will 
build  their  road  on  as  cheap  and  econoiuical  a 
plan  as  will  promise  to  pay,  and  push  it  through 
us  rajiidly  as  they  can.  so  as  to  get  their  re- 
ward. They  will  get  the  ai)propriation,  too,  at 
a  time  when  the  State,  l)y  the  building  of  the 
improvements  which  will  be  made  to  connect 
our  mines  with  water  power,  will  be  teeming 
with  industry,  when  there  will  be  tenfold  luore 
of  taxable  property  than  there  is  now.  and  con- 
sequently the  IjoikIs  will  be  so  much  more  sale- 
at)le  and  availal)le  in  market.  I  do  not  like 
the  idea  of  tin-  gentleman  from  Humboldt.  (Mr. 
Banks.)  of  sliding  down  our  boxes  and  rolling 
our  barrels  down  the  mountains  ;  and  I  venture 
to  say,  that  when  the  railroad  reaches  that  point. 
we  shall  very  soon  obtain,  as  the  democratic  plat- 
form said  in  ls.)(I. "  sj)eedy  and  easy  communica- 
tion across  the  plains.''  tluuigh  that,  I  believe. 
was  supposed  to  refer  U>  the  celebrated  camel 
route — I'residcnl  I{uchanan"s  Tacitic   Railroad. 

Mr,  STrUTKV.VNT  [in  his  seat].  Do  you 
refer  to  the  Woolly-Horse  route  ? 

Mr.  I»Ki-(»N(J.  No.  sir,  it  is  our  own  platform 
that  I  am  referring  to,  I  remember  that  I  used 
t/>  talk  in  favor  of  it.  very  fretpiently,  on  the 
ftumji.  Now,  I  Hay,  as  I  said  the  other  day,  that 
altliough  I  was  misunderstood  or  misrepresented 
then,  as  bring  opposed  to  the  Pacific  Railroad, 
yet  I  do  not  believe  there  is  a  man  in  the  world 
who  is  more  in  favor  of  it  than  I  am.  1  see  the 
promise  of  prosperity,  and  strenglli.and  growth. 
on  every  sid<',  in  its  construction  anil  1  am  as 
desirous  of  seeing  it  completed  as  any  man  in  the 
world  can  be.  j{ut,forone,  I  say  that  if  we  are 
going  to  expend  thi.s  money,  I  would  like  to  .see 


it  applied  to  building  that  part  of  the  road 
which  is  to  be  constructed  between  here  and 
Virginia  City,  and,  .so  far  as  the  money  would 
go,  towards  Lander  County.  I  think  that  might 
be  done  to  advantage,  on  the  route  of  this  rail- 
road, and  thereby  give  us  a  road  which  will 
enable  us  to  reach  that  chain  of  mountains  which 
now  cuts  tis  off  entirely  from  the  outside  world. 
That  would  unlock  our  resources,  giving  us  ac- 
cess to  water  power,  and  supplies  of  wood,  for 
the  want  of  wkich  our  enterprises  are  now 
withering.  I  hope  gentlemen  will  not  insist  on 
forcing  u])on  us  the  burden  of  building  this 
road  before  we  are  able  to  bear  it,  and  that 
they  will  allow  us  to  reap  some  benefit  from  the 
appropriation,  whenever  it  is  made. 

My  colleague  (Mr.  Fitch)  has  just  shown  me 
an  aiuendment  which  I  am  willing  to  substitute 
in  place  of  my  own.  It  is  a  substitute  for  the 
whole  section.  It  suits  me  very  well,  and  if 
there  is  no  objection.  I  will  ask  that  it  be  read. 

The  SECRETARY  read  as  follows  :  — 

Sec.  9.  The  State  shall  not  donate  or  loan  money  or 
its  credit,  subscribe  to,  or  be  interested  in  the  stock  of 
any  company,  association,  or  corporation,  except  cor- 
porations formed  for  educational  or  charitable  pur- 
lioses  ;  Provided,  that  the  State  may  issue  bonds,  or 
si'cTire  the  payment  of  i^rincipal  or  interest,  or  both 
principal  and  interest,  on  bonds  to  an  amount  not 
(xcoeding  three  millions  of  dollars,  at  a  rate  of  in- 
terest not  exceeding  seven  per  cent,  per  annum,  in 
sums  not  exceeding  twenty-five  thousand  dollars  per 
mile,  for  each  mile  of  railroad  actually  constructed 
within  the  boundaries  of  the  State  of  Nevada,  on 
such  terms  as  the  Legislature  may  prescribe,  to  the 
company  that  shall  first  complete  a  railroad  to  the 
State  line,  cnnucctiiig  this  State  with  the  navigable  wa- 
U-rf  lit  California,  or  with  the  navigable  waters  of  the 
Missi,.i.sip]ii  River  ;  but  no  law  for  issuing  bonds  shall 
he  ('(rcctivc  iinless  s<inrtioued  by  a  vote  of  the  people, 
at  a  spiM  ial  tlntion  to  be  called  for  that  purpose  ; 
and  fiirtlitr  jirni'idtd,  that  any  such  law,  to  be  so  sub- 
mitted, shall  therein  pi-ovide  for  levying  and  assessing 
a  special  tax  for  the  ijayment  of  the  principal  and  in- 
terest of  said  bonds. 

Mr,  DeLONG.  That  last  proviso  was  just 
handed  to  me.  I  offer  it  all  together,  in  place 
of  mv  own  amendment. 

Mr.  STITRTEVANT.  With  the  permission  of 
the  gentleman  from  Storey,  I  would  say  that 
there  is  one  part  of  that  amendment  which  I 
would  heartily  indorse,  but  the  other  part  of  it 
I  do  not  like  very  well, 

Mr.  DkLONG,'  I  will  withdraw  that  amend- 
ment temporarily,  then.  What  I  want  is  to  get 
these  two  ideas  embraced— first,  that  the  money 
we  ajiproiJi-iate  shall  be  expended  for  the  road 
in  our  own  State  ;  and  second,  that  the  appro- 
priation shall  be  submitted  to  the  peojile,  at  a 
special  election  to  be  called  for  that  purpose. 
I  have  talked  already  as  long  as  the  Evening 
Ifn-ahl  will  willingly  allow  me  to, and  therefore 
I  will  now  leave  the  subject, 

Mr.  t'H.Vl'IN.  I  have  only  one  objection, 
Mr.  Chairman,  to  these  various  amendments. 
If  gentlemen  will  only  lay  them  aside  until  the 
ineeHng  of  the  State  Legislature,  and  until  that 
Legislature  is  called  ujion  to  act  in  this  matter, 
then  their  amendments  will  all  be  in  proper 
place,  and  deserving  of  careful  consideration. 


7th  day.] 


PACIFIC   RAILROAD. 


20Y 


Monday,] 


DeLong— Ohapin— Brostan — Frizell — Fitch — Sturtevant. 


[July  11. 


That  will  be  the  proper  time  to  impose  these  I  prove  most  hearily  of  the  ideas  intended  to  be 
restrictions,  and  to  raise  these  objections.  I  see  I  carried  out  or  established  by  his  amendment. 
we  are  falling  back  into  that  error  of  the  former  |  but  I  think  there  is  too  much  legislation  in  it ; 
Convention,  which  the  people  so  emphatically  !  that  matters  are  embraced  in  it  which  properly 
condemned,  of  legislating  too  much  in  this  or-  j  belong  within  tlie  province  of  the  Legislature, 
ganic  law.  Now,  I  say,  let  us  abide  by  this  I  do  not  think  we  can  do  better  than  to  take 
section,  nearly  or  quite  as  it  is  presented  to  us  |  the  original  section,  amend  it,  by  adding  that 
in  the  old  Constitution.  I  have  no  serious  ob-  \  the  money  so  appropriated  shall  be  exjjended 
jection  to  some  of  the  amendments  which  have  ^  within  the  limits  of  the  State,  and  then  pass  it, 
been   oflFered   by  gentlemen,   if  it^  were   only   leaving  all  the  rest  to  the  Legishiture.     I  hope 


proper  to  introduce  them  here.  But  I  regard 
them  as  highly  improper  in  our  Constitution. 
That  is  no  place  for  them.  The  people  were 
disgusted  with  the  numerous  legislative  provi- 
sions which  were  incorporated  in  the  old  Con- 
stitution, and  I  say.  do  not  let  us  commit  the 
same  error  in  this  Convention.  I  do  not  think 
all  wisdom  will  die  out  with  this  body  ;  I  think 
some  of  it  will  be  left  in  the  Legislature  to  con- 
vene hereafter,  and  there  let  my  friend  and  col- 
league present  his  amendments  and  his  argu- 
ments. 

Mr.  DeLONG.     If  my  colleague  will  assure 


that  all  these  amendments  will  be  voted  down, 
and  that  then  we  shall  add  those  few  words  to 
the  section,  and  let  it  stand. 

Mr.  FITCH.  I  will  say  that  my  private  opinion 
is  in  favor  of  not  limiting  the  expenditure  to  this 
State,  but  rather  to  allow  some  portions  of  the 
appropriation  to  be  expended  in  California,  if 
necessary.  I  agree  generally  with  the  views  of 
my  colleague  from  Storey  (Mr.  Hovey)  on  this 
subject.  But  I  am  satisfied  that  nothing  of  that 
kind  can  pass  this  Convention.  I  suggested  this 
amendment  to  my  colleague  (Mr.  DeLong)  as 
the  only  thing  which,  in  my  opinion,  is  likely 


me  that  he  will  be  in  that  Legislature,  and  there  |  to  get  through  here,  in  order  that  we  may  have 

a  vote  upon  it,  and  let  the  question  be  settled. 

Mr.  DeLONG.  It  has  been  suggested  that 
the  appropriation  of  twenty-five  thousand  dol- 
lars per  mile  might  perhaps  carry  the  railroad 
beyond  our  own  limits.  I  would  like,  there- 
fore, to  modify  the  amendment  by  striking  out 
"  twenty-five  "  and  inserting  "fifty,"  so  as  to 


labor  to  carry  out  these  ideas,  I  will  do  it. 

Mr.  CHAPIN.  They  are  not  very  objection- 
able as  legislative  provisions. 

Mr.  DeLONG.  Then,  why  not  put  them  in 
now,  because  we  may  not  be  in  the  Legisla- 
ture? 

Mr.  BROSNAN.    I  suggest  that  we  vote  on 


the  amendments  which  are  now  pending,  before   allow  the  company  to  draw  fifty  thousand  dol- 

we  offer  any  more,  in  order  that  we  may  not  get  j  lars  for  each  mile. 

the  subject  too  much  complicated.  |     Mr.  FITCH.    That  would  build  the  road,  and 

Mr.  DeLONG.    I  will  renew  my  amendment, !  stock  it.  too. 
omitting  that  last  proviso.  j      Mr.  DeLONG.     Not  in  all  places. 

The  question  was  taken  on  Mr.  DeLong's  ^Ii'-  FITCH.  I  understand  that  it  has  cost 
amendment,  as  last  modified,  and,  upon  a  di-  only  thirty-two  thou.sand  dollars  per  mile  to 
vision,  the  vote  stood— ayes,  13  ;  noes.  13.  I  build  the  road  from  Sacramento  out,  as  lUr  as 

Mr.  DeLONG.   I  hope  tlie  Chairman  will  vote. '  it  has  been  completed. 

The  CHAIRMAN.  The  Chair  is  satisfied  that  j  The  question  was  taken  on  Mr.  DeLong's 
all  the  members  present  have  not  voted.  amendment,  as  last  modified,  and  upon  a  divis- 

Mr.  BROSNAN.     If  the  Convention  will  al-   ion,  it  was  agreed  to— yeas,  16  ;  noes.  11. 
low  me,  I  desire  to  suggest  that  I  am  rather  in  I     ^Ir-  STURTEVANT.    I  offer  the  following 
favor  of  ray  colleague's  amendment,  but  I  vote  \  amendment 
against  it  for  the  reason  that  it  limits  the  expen- 
diture   to    twenty-five    thousand    dollars    per 
mile  ;  and,  besides,  I  think  there  is  no  neces- 
sity for  a  special  election,  which  is  always  a 
great  expense  and  trouble. 

Mr.  DeLONG.    I  think  my  colleague  misun- 
derstands the  effect  of  mv   amendment.     The 


"And  further  provided,  that  the  said  appropriation 
shall  be  derived  from  the  sale  of  the  public  lands 
granted  to  this  State  by  Congress  for  internal  improve- 
ments." 

We  have,  I  believe,  or  will  have,  five  hun- 
dred thousand  acres  of  land  which  are  granted 
to  us  by  Congress,  as  soon  as  we   become  a 


entire  three  millions  are  to  be  voted  fjr  at  one  j  State,  for  this  very  purpose  of  internal  improve- 
time,  but  the  bonds  are  to  be  issued  only  at  i  ment.  I  do  not  know  how  it  is  with  the  other 
the  rate  of  twenty-five  thousand  dollars  per  [  members  of  the  Convention,  but  I  do  not  wish 
mile,  as  the  road  progresses.  The  three  mil-  ]  to  be  taxed,  at  least  until  we  shall  have  first 
lions  are  all  voted  at  once,  and  then  the  bonds  ;  used  up  what  means  we  have 


are  to  be  issued  as  fast  or  as  often  as  the  com- 
pany brings  in  proof  that  they  have  got  one  or 
more  miles  completed.  When  they  get  to  the 
end  of  each  mile  they  present  their  vouchers, 
showing  that  they  have  got  a  mile  finished,  and 
draw  their  twenty-five  thousand  dollars'  worth 
of  bonds. 

Mr.  FRIZELL.    I  voted  against  the  amend- 
ment of  my  colleague  for  this  reason  ;    I  ap- 


Mr.  DeLONG.  It  is  true,  Mr.  Chairman,  that 
by  an  Act  of  Congress,  passed  in  l^>44,  every 
State  then  in  the  Union,  and  all  which  should 
subsequently  become  .States  in  the  Union,  were 
granted,  or  upon  their  admission,  to  be  granted 
— for  it  has  been  held  to  operate  as  a  grant^ — ■ 
five  hundred  thousand  acres  of  land  each,  for 
purposes  of  internal  improvements.  And  it 
strikes  me,  as  suggested  by  the  gentleman  from 


208 


PACIFIC  RAILROAD. 


[Tth  da^i. 


Monday,] 


Chapix—Nocbse—Sturtev  ANT— Fitch. 


[July  11. 


Washoe,  that  it  is  extremely  proper  that  these 
lauds  should  be  uiade  use  of  for  purposes  ot 
iuterual  iiuprt.veuu'nts— that  tliey  sliould  bo 
sold,  and  the  pruceeds  applied  to  a  luiul  from 
which  to  i)av  this  appropnatitni  l)efuiv  the  i)e(i- 
ple  are  taxed  for  it.  I  atu  not  strenuous  aljout 
it.  t»\it  I  shall  vote  for  this  auiendnient  upou 
principle. 

Mr.  CIIAPIX.  It  occurs  to  lue  that  there  are 
at  least  two  serious  objections  to  that  amend-, 
luent.  One  is.  tluit  tlie  moiU'V  to  be  derived 
from  these  lands  cannot  be  made  luaihible 
sjieedily  for  the  benefit  of  this  road,  and  that  is 
u  matter  which  is  of  the  utmost  importance  to 
us.  The  other  serious  objection  is,  that  if  we 
attempt  to  force  tliat  land  into  the  market  now, 
we  have  got  to  sacrilice  lands,  which  in  time, 
would  become  very  valuable.  We  had  better 
keep  that  laud  iinlilit  is  wanted,  and  let  us  make 
a  manlv.  promi)t,  and  speedy  appnii)riation  to 
hasten  along  this  road  so  that  we  may  enjoy  its 
benefits.  To  my  mind,  these  are  insuperable 
objections,  and  "therefore  I  shall  vote  against 
the  anu-ndnuMit. 

Mr.  NOL'lISH  I  understand  that  this  aniend- 
nu'ut  provides  the  funds  from  wliicli  these  bonds 
are  to  be  paid.  Now,  do  I  undrrstand  that  it  is 
the  idea  of  the  gentleman  who  last  sjioke,  that 
we  must  have  a  tax  levied  at  once,  sooner  than 
we  can  derive  any  proceeds  fiom  the  sale  of 
those  lands?  I  understand  that  this  amend- 
ment provides,  not  for  the  bonds.  l)ut  sim])ly 
for  the  basis  or  fund  from  which  they  are  to  be 
paid.  1  am  at  a  loss  to  perceive  how  there  can 
be  anv  objection  to  that. 

Mr.'CIlAPlX.  It  provides  that  the  appro- 
priation shall  be  derived  from  the  sale  of  the 
public  lands. 

Mr.  .^Tl'UTICXANT.  I  am  sure  there  will  be 
no  ditliculty  in  changing  the  amendment  to 
meet  till'  ol)jectiou,  l)ecause  that  is  what  is  in- 
tended— that  the  funds  to  be  raised  from  the 
sale  of  these  lands  ."^hall  be  applied  towards 
the  ])avmi'nt<  to  be  made  on  these  bonds. 

Mr.  VrrCH.  It  seems  to  nu'  that  that  is  a 
distinction  without  a  ditl'erence.  It  does  not 
make  any  i)articular  difl'erence  whether  the 
money  deriveil  from  the  lands  .shall  be  devoted 
directly  to  the  road,  or  to  paying  the  interest 
on  the  bonds,  or  the  bonds  themselves  issued 
in  aid  of  thf  road,  b  'cause,  in  the  first  ])lace.  we 
shall  Ix-  oldig<'d  to  wait  a  long  time  for  the  mon- 
ey, and  in  the  secoml  )dace.  we  shall  )je  com- 
pelled to  wait  a  hmg  tinu'  for  the  sale  of  the 
bonds.  Capitalists  would  certaiidybe  disposed 
trj  wait  along  time  before  tlii-y  would  buy  bonds 
dfpcndfut  for  their  payment  upon  the  money  to 
be  dfiivcil  from  the  sale  of  those  lands,  i  trust 
that  ihf  oi»]»oncnts  of  the  I'acific  Uailroad  will 
not  endeavor  in  this  wav  to  jiusli  it  to  the  wall. 

Mr.  .STLKTEVANT.  '  Oh,  no  ;  we  are  not 
opponents. 

Mr.  NOL'KSE.  We  do  not  understand  it  that 
way. 

Mr.  KITCII.  There  is  a  di.sposition  here  in 
the  Convention  to  aid  thia  Pacific  Railroad  en- 


terprise, and  at  the  same  time,  those  of  us  who 
are  friendly  to  it,  desire  to  hedge  the  provision 
round  with  all  necessary  guards  and  restrictions. 
I  trust  that  gentlemen  will  be  satisfied  with 
those  guards  and  restrictions,  and  not  tr_y  the.se 
little  clever  tricks,  in  order  to  defeat  the  pro- 
vision altogether. 

Mr.  STUllTEVANT.  Now,  this  matter  re- 
minds me  of  one  of  Mark  Twain's  recent  let- 
ters, where  he  says, '"  Now  you  see  it,  and  now 
you  don't  sec  it."  [Laughter].  In  the  first 
place,  we  do  not  know  what  we  are  going  to 
do.  for  gentlemen  will  remember  we  have  not 
got  the  Constitution  through  yet.  I  do  not 
know  that  any  one  of  these  gentlemen  who 
have  spoken  at  such  tremendous  length  has 
ever  attempted  to  make  it  ajjpear  that  this  rail- 
road is  g(jing  to  be  of  any  particular  benefit  to 
that  humble  portion  of  this  Territory  which  I 
represent,  or  to  any  of  our  "  cow  counties.''  I 
have  no  doubt  it  is  going  to  be  a  great  benefit 
to  the  mines.  Well,  I  myself  claim  to  be  a 
miner,  as  well  as  a  rancher.  I'  have  some  few 
feet  yet  up  in  Storey  County,  and  I  maintain 
that  this  Pacific  Railroad  will  be  a  greater  ben- 
efit to  the  mining  interests  which  I  own  there 
than  to  any  other  property  I  have  in  this  Territo- 
ry, and  the  quicker  and  more  speedily  that  road 
is  constructed  the  greater  will  be  the  lienefit 
which  it  will  confer  upon  that  ]>articular  busi- 
ness. Still,  I  am  rather  under  the  impression 
that  there  is  a  chance  for  this  provision  to  get 
knocked  all  to  pieces,  because  in  case  the  mines 
are  not  taxed,  and  nobody  knows  yet  that  they 
will  )je.  then  who  is  it,  I  ask  the  gentleman  from 
Storey,  that  he  proposes  to  call  upon  to  pay  for 
this  railroad? 

jMr.  FITCH.  I  do  not  propose  anything 
alxuit  it ;  I  propose  to  let  the  Legislature  see 
to  that.  Let  us  provide  that  the  bonds  may  be 
issued,  and  then  h^t  the  Legislature,  if  they  do 
issue  them,  provide  for  their  payment. 

Mr.  CHAPIN.  And  at  a  time,  too,  when  \yq 
shall  liave  fifty  millions,  and  perhaps,  even  two 
hundriMl  millions  of  taxable  property  more  than 
we  have  to-day. 

Mr.  STCUfEVANT.  I  do  not  know  but  it 
may  tm-n  out  to  be  so,  but  the  Territory,  if  that 
is  going  to  be  the  case,  has  got  to  take  a  good 
rousing  upward  start,  and  that  pretty  soon,  be- 
cause just  now  everything  seems  to  be  going 
out  at  the  little  end  of  the  horn.  I  do  not 
know  that  we  have  nnich  taxable  proi)erty  to- 
day aside  from  what  there  is  in  the  cow  coun- 
ties, and  a  little  surface  property  perhaps  in 
Storey  County.  At  any  rate,  as  I  said  in  the 
first  place,  the  cow  counties  do  not  expect  to 
be  very  greatly  benefited  l)y  this  railroad,  and 
it  would  not  look  to  me  altogether  fair  to  call 
on  them  alone  to  foot  the  bills  for  its  construc- 
tion. 

Mr.  FITCH.  We  sliall  have  less  property 
very  soon,  if  we  have  to  do  Mithout  a  railroad. 

Mr.  STriiTi:\^\NT.  Very  true  ;  but  Con- 
gress has  provided  that  certain  lands  shall  be 
given  to  us,  to  be  devoted  expressly  to  purposes 


'th  day.] 


PACIFIC  RAILROAD. 


209 


Monday,] 


Hawley — DeLong — Fitch — Nolrse. 


[July  11. 


of  internal  improvements,  and  for  one,  I  wish 
to  see  those  lands  used  up  in  building  this  rail- 
road, at  least  before  we  are  specially  taxed  for 
it.  I  have  sent  up  my  amendment  to  this  sec- 
tion with  that  object  in  view.  It  was  rather 
hastily  prepared,  but  perhaps  it  can  be  amended 
so  as  to  suit  everybody,  and  perhaps  it  had 
better  be  amended  in  some  respects.  I  am  not 
unconvincable  by  any  means,  and  I  have  no 
objection  to  allowing  any  member  to  assist  me 
when  I  undertake  to  make  an  amendment  in 
this  important  document.  I  am  in  hopes  that 
this  amendment  will  carry,  at  least  in  some 
form  that  shall  go  to  the  extent  of  using  up 
these  public  lands  in  paying  the  bonds,  as  far 
as  they  will  go  ;  then,  after  that,  we  can  have 
a  tax  levied,  in  whatever  way  the  Legislature 
shall  see  fit,  because  it  will  rest  with  the  Legisla- 
ture to  make  such  appropriations  as  may  be  ne- 
cessary to  pav  the  bonds  when  thev  Ijecome  due. 
Mr.  HAWLEY.  Will  the  gentleman  from 
Washoe  allow  me  to  read  a  jiroviso,  which  I 
think  may  possibly  meet  his  views?  In  case 
this  amendment  is  withdrawn,  I  propose  to  offer 
the  following  : — 

"  Provided  further.  That  the  sum  so  derived  from 
the  proceeds  of  the  sale  of  the  public  lands  of  this 
State  shall  be  set  apart  as  a  sinking  fund  for  the  extin- 
guishment of  the  priucii^al  of  said  bonds  ;  and  pro- 
vided further,  that  a  special  tax  shall  be  levied  for  the 
payment  of  the  interest  of  said  bonds." 

Mr.  DeLONG.  I  think  the  gentleman  from 
Washoe  cannot  complain  of  that. 

The  CHAIRMAN.  I  suggest  that  it  should 
specify  the  lands  as  those  donated  for  internal 
improvements,  because  there  are  other  lands 
donated  )>y  Congress  for  special  purposes. 

Mr.  FITCH.  If  the  gentleman  will  amend 
that  proviso  so  as  to  say  that  the  proceeds  shall 
be  set  apart  "  towards  a  sinking  fund,"  instead 
of  ''  as  a  sinking  fund,"'  I  will  not  object  to  it. 

Mr.  NOURSE.  I  do  not  see  the  necessity  of 
that. 

Mr.  HAWLEY.  I  have  no  objection,  because 
I  believe  the  five  hundred  thousand  acres  will 
be  .sufficient  to  pay  the  whole  amount.  At  the 
suggestion  of  the  Chairman,  I  will  modify  the 
first  part  of  the  amendment,  so  as  to  specify  the 
public  lands  set  ajjart  for  internal  improve- 
ments. 

The  CHAIRMAN.  I  understand  that  this  is 
offered  as  a  substitute,  or,  rather,  in  the  jjlace 
of  the  whole  amendment  proposed  by  the  gen- 
tleman from  Washoe  (Mr.  Sturtevant). 

Mr.  NOURSE.  I  would  like  to  have  the 
amendment  proposed  by  the  gentleman  from 
Douglas  read  as  it  now  stands. 

The  SECRETARY  read  as  follows  :  — 

"  Provided  further,  that  the  sum  so  derived  from  the 
proceeds  of  the  sale  of  the  public  lands  granted  to  this 
State  for  internal  improvement  puiiioses,  shall  be  set 
apart  to\Yards  a  sinking  fund,  for  the  extinguishment 
of  the  principal  sum  of  said  bonds  :  and  proinded  fur- 
ther, that  a  special  tax  shall  be  levied  to  secure  the 
payment  of  the  interest  of  said  bonds." 

The  CHAIRMAN.    I  will  suggest  that  if  the 
Constitution,  in  effect,  says  that  this  fund  shall 
N 


I  be  derived  from  the  sale  of  those  lands,  the 
I  Legislature  would  be  inhibited  from  the  levying 
of  a  tax  for  that  purpose,  in  case  that  fund 
should  prove  to  l)e  insutHc'e  it. 

.Air.  HAWLEY.  That  difficulty  suggested  it- 
self to  my  own  mind,  but  it  was  mainly  with 
I  the  view  of  getting  the  question  before  the  Con- 
vention that  I  proposed  this  amendment.  If 
we  adopt  that  idea  as  the  basis  of  our  action, 
we  can  perfect  the  phraseology  subsequently, 
!  so  asto  avoid  the  apprehended  difficulty.  It 
;  certainly  becomes  incumbent  upon  this"  Con- 
vention, it  it  is  expected  that  the  State  shall 
grant  any  aid  to  the  railroad  at  all,  if  it  is  de- 
signed to  place  those  bonds  in  the  market  in 
such  a  way  as  to  give  them  any  value  in  the 
world,  to  provide  hereafter  further  means  for 
the  extinguishment  of  the  debt  to  be  created  by 
their  issuance.  A  person  of  a  sanguine  imagi- 
nation might  be  led  to  believe,  from  the  present 
value  of  our  agricultural  lands,  that  the  sale  of 
half  a  million  acres  of  such  lands,  if  they  can 
be  found  in  our  State,  would  be  ample  to'  pro- 
vide a  fund  for  the  redemption  of  these  bonds  ; 
but  that  is  a  question  on  which  gentlemen  bet- 
ter infoi-med  than  myself,  as  to  all  the  capacities 
of  the  agricultiiral  lauds  within  our  borders, 
may  be  expected  to  give  their  views.  I  am,  and 
have  been  from  the  first,  decidedly  in  favor  of 
the  retention  of  the  original  section,  with  some 
slight  amendments  ;  but  there  seems  to  be  man- 
ifested a  disposition,  on  the  part  of  a  portion  of 
the  members  of  this  Convention,  to  throw  everv 
possible  obstacle  in  the  way  of  the  jiassage  of 
any  section  or  provision  in  this  Constitution 
which  shall  authorize  the  future  Legislature,  or 
give  it  any  power  to  lend  any  aid  whatever  to 
the  construction  of  the  railroad.  That  disposi- 
tion makes  itself  apparent,  not  only  by  direct 
opposition  to  rvery  provision  proposed  to  be 
engrafted  into  our  Constitution  looking  to  that 
end,  but  also  by  the  exercise  of  parliamentary 
strategy,  and  every  other  means  that  gentlemen 
can  bring  to  bear,  to  secure  their  ends.  Now, 
I  believe  that  many  who  opposed  the  original 
proposition  were  really  in  favor  of  the  Pacific 
Railroad,  but  unfortunately  there  seems  to  be 
no  disposition  here  to  take  hold  together,  and 
adopt  something  that  will  be  practical  and 
effectual. 

Mr.  NOURSE  [interrii])ting].  Is  there  any 
question  before  the  Committee  ? 

The  CHAIRMAN.  The  question  is  on  the 
amendment  offered  by  the  gentleman  from 
Washoe,  (Mr.  Sturtevant,)  as  amended  by  his 
subsequent  acceptance  of  the  amendment  of  the 
gentleman  from  Douglas  (Mr.  Hawley). 

Mr.  HAWLEY.  I  was  stating  my  reasons  for 
presenting  this  amendment,  and  I  wish  only  to 
s.iy,  further — and  with  that  I  will  close  my  re- 
mai'ks,  and  give  gentlemen  who  are  in  the  op- 
position an  opportunity  to  reply — that  it  is  my 
intention  to  move  to  provide  further,  in  some 
way,  for  any  additional  appropriation  which 
may  be  necessary  to  i^lace  these  bonds  upon  a 
sound  basis. 


210 


PACIFIC  RAILROAD. 


[Tth  day. 


Monday,] 


Fitch — H-vwiJiT — Noibse. 


[July  11. 


Mr.  FITCII.  If  the  pentleman  from  Douglas 
will  iii-ort  iu  tbo  latter  chuij^o  of  his  auiendnient 
tho  word-s  •■  priiuipal  and "  bt-fore  the  word 
"  iuteri'st,"  1  tliink  ihe  oV>jecti(>ii  .su'i'iestod  by 
the  L'hiiirmuii  will  be  obviated.  That  will 
Streiijithea  the  iiruvisioii,  not  weaken  it. 

.Mr.  H.VWLBV.  The  ^^ufXge8tion  meets  my 
a|iiiroI>atiun,  and  I  will  niodily  my  ameudnieiit 
bv  in.'^erlintj  those  words. 

'.Mr.  N()l'U."^E.  1  do  not  sec  the  neccs.sity  of 
providinii;  for  any  i)o\\er  in  the  Legislature,  so 
far  as  the  jjayment  of  these  bonds  goes.  I 
Availed  a  moment  after  this  amendment  was 
olfered.  in  e.xpeetation  of  seeing  my  friend 
from  f^torey.  (Mr.  Chapin).  who  has  such  a 
'•  holy  horror  ■'  of  legislation,  liounce  up  and 
protest  against  this  legislative  clause.  Now,  I 
understand  that  the  power  of  a  Legislature  e.\- 
teuds  to  all  iirojjer  sultjects  of  legislation, 
e.vci'pt  so  far  as  it  may  Ik-  limited  by  the  Con- 
stitution of  the  United  States,  or  the  Constitu- 
tion of  the  .^tate,  and  if  there  exists  a  debt  of 
the  State  of  Nevada,  will  any  gentleman  say 
that  it  needs  a  special  clause  in  the  Constitution 
to  authorize  the  Legislature!  to  levy  a  tax  to 
pay  that  debt?  That  would  be  a  most  unheard- 
of  doctrine.  The  object  of  a  special  clause 
providing  for  a  tax  to  pay  the  interest  on  these 
oomls  is.  as  I  understand  it,  to  enable  the  peo- 
ple to  know  when  they  are  voting  for  the  issu- 
ing of  these  bonds,  exactly  what  they  are 
voting  for  —  that  they  may  undei'stand  that 
tiiey  who  dance  must  pay  tlie  i)ij)er — and  that 
if  they  vote  for  the  appropriation,  they  nnist 
also  lake  the  necessary  stejis  to  pay  the  appro- 
priation. It  is  not  because  it  is  in  any  sense 
necessary  to  give  the  Legislature  jxjwer  to  levy 
a  tax  belbre  they  can  proceed  to  levy  that  tax. 

Ami  while  1  am  speaking  of  this  amendment, 
I  wish  to  say  now  and  lu-re,  that  1  am  o]»))ose(l 
to  lliis  whole  matter  of  loaning  the  credit  of 
the  ."^tate  to  any  railroad,  and  1  suppose  I  have 
a  right  to  be.  A  luost  ungenerous  charge  was 
made,  because  I  happen  to  be  a  represen- 
tative of  Washoe,  and  charged  by  the  people  of 
that  county  with  the  duty  of  representing 
their  interests  hei> — though  I  do  not  own  a 
dollar's  worth  of  property  in  tliat  cotinty,  and,  1 
am  sorry  to  say.  not  in  any  other — that  1  do  not 
want  the  railroad  l)uilt  to  this  State  for  fear  it 
would  help  Storey  Co.inty,  and  diminish  the 
valui"  ofpropcity  in  Washoi-  (.'uunty.  It  seems 
to  me  that  we  have  had  enough  ol'  this  child's 
play.  If  the  argument,s  of  gentlemen  are 
not  strong  enough  to  stand  upon  reason,  if 
their  pointjs  are  not  to  be  c.irrii-d  l>y  api)eals  to 
rea-oa,  then  let  them  fall  to  the  ground. 

Now,  it  seems  to  me  that  this  amendment  is 
exceedingly  jiroper.  lor  the  reason  lliat  it 
diverts  into  the  channel,  and  coinix'ls  the  a|)- 
propriation  for  the  ))ur|)ose  of  internal  im])rove- 
lueulM,  of  the  grant  <jf  land  which  was  made  by 
Congress  for  this  very  purpose  of  internal  im- 
provenientjs.  And.  further,  it  will  reduce  the 
chunceH  of  the  I'acilic  Railroad  Company,  or 
any  other  company,  getting  our  lauds  for  uoth- 


ing.  I  care  nothing  more  about  the  Pacific 
Railroad  Company  than  any  other,  although 
all  my  impressions  are  in  favor  of  that  route 
as  the  only  one  over  which  a  railroad  is 
likely  to  be  speedily  V>uilt  across  the  Sierras. 
IJut  my  objection  is  to  tliis  class  of  jjersous  get- 
ting our  bonds,  when  those  bonds  are  compelled 
to  be  paid  V>y  heavy  taxation  imposed  upon  the 
people  here,  and  Uien  leaving  this  amount  of 
money  tt)  be  derived  from  the  public  lands  to 
be  granted  to  .some  other  railroad  company, 
perhaps,  that  may  turn  out  to  be  only  a  wild- 
Cat  affair.  It  is  in  order  that  this  grant  of  land 
Ijy  Congre,ss  may  go  to  pay  for  the  building,  or, 
at  all  events,  towards  the  building  of  that  road 
which  we  need  the  most,  that  1  favor  the  amend- 
ment jjroviding  that  all  the  jn'oceeds  of  the 
sales  of  those  j)ublic  lands  shall  go  to  pay  the 
l)onds,  if  the  Convi-ntion  is  determined  that  the 
bouils  shall  ])e  issued  at  all  events.  As  I  said 
before,  I  shall  vote  to  the  last  against  issuing 
any  bonds,  aiul  when  the  question  comes  up  on 
striking  out  all  in  relation  to  these  bonds,  I 
shall  endeavor  to  give  fully  my  reaisbns  in  favor 
of  the  motion  to  strike  out.  I  disclaim  any  in- 
tention to  use  unfair  mi'aus  to  defeat  this  clause, 
so  dear  to  the  hearts  of  some  gentlemen.  My 
sole  desire  is  to  make  it  as  little  objection- 
able as  possible,  so  that  if  it  .shall  be  carried, 
against  luy  convictions  of  right  and  sound  pol- 
icy, w'e  may  sutler  as  little  as  possible  there- 
fiom  ;  and  1  still  rcser\'e  the  right  to  myself, 
of  voting  to  strike  out  the  whole  proAision, 
when  the  question  comes  up  on  that. 

Now,  Mr.  Chairman.  I  repeat  that  I  cannot  see 
how  it  is  nece.ssaiy  that  the  Legislature  should 
have  a  specific  grant  of  poAver  to  lev\'  taxes  to 
pay  a  debt  which  the  State  owes,  when  we  have 
done  nothing,  that  I  know  of,  calculated  to  re- 
strict the  power  of  the  Legislature  in  that  re- 
spect. The  Legislature,  without  any  grant  or 
restriction  whatsoever,  certainly  has  power  to 
levy  taxes  to  pay  a  debt  of  the  Stale,  and,  as  I 
understand  it,  the  clause  which  provides  that 
they  shall  i)ay  the  interest  Ijy  a  tax  levied  for 
that  ]nirpose,  was  inserted  hei'e  only  in  order 
thai  the  fact  might  not  be  lost  sight  of — that 
when  the  i)eople  come  up  and  pay  their  dollars 
into  the  treasury,  they  shall  know  that  so  many 
of  them  are  going  to  pay  tlie  interest  on  these 
bonds,  Avhich  I  predict  will  be  called  at  that 
time,  if  it  ever  comes,  stolen  bonds,  because  that 
has  Iteen  the  history  of  all  similar  railroad  grants. 

•Mr.  FlTClI.  1  agree  with  the  gentleman  from 
\Vashoe  (Mr,  Nourse)  that  it  is  unnecessary  to 
give  the  Legislature  power  to  levy  a  special 
tax  to  i)ay  the  ]n-incij)al  of  these  bonds.  I 
agree  with  liim  further,  that  it  is  unnecessary  to 
give  the  Legislature  jjower  to  im])ose  a  s])ecial 
lax  to  j)ay  the  interest  on  these  bonds.  I  go 
even  furtlier,  and  say  that  it  is  unnecessary  to 
place  in  this  .section  of  the  Constitution  a  pow- 
er to  devote  the  public  lands  to  that  purpose. 
It  is  all  unnecessary. 

Mr.  NOl'RSE  [Interrupting].  I  believe  it 
says  the  Legislature  are  required  to  do  it. 


7 til  day.] 


PACIFIC   RAILROAD. 


211 


Monday,] 


Fitch — Noukse. 


[July  11. 


Mr.  FITCH.  I  think  that  is  not  the  language 
of  the  amendment. 

Mr.  NOURSE.  Then  I  certainly  wish  to 
amend  it  in  that  particular,  so  as  to  use  the 
word  "  require.'" 

Mr.  FITCH.  On  examination,  I  find  that  it 
does  require  them  to  do  so. 

The  CHAIRMAN.  The  original  amendment 
l^rovided  for  striking  out  all  after  the  word 
'■  purposes,"  which  would  of  course  inhibit  the 
Legislature  from  doing  anything  of  the  kind  ; 
and  then  this  proviso  which  is  under  considera- 
tion proposes  to  invest  the  Legislature  with  the 
l^ower  specified,  to  issue  bonds,  or  to  guarantee 
bonds,  in  this  particular  case. 

Mr.  FITCH.  I  understand  that  to  be  so. 
Now,  sir,  if  we  place  in  this  section  a  provision 
that  the  revenues  derived  from  the  sale  of  these 
public  lands  shall  be  devoted  to  the  payment 
of  the  principal  of  these  bonds,  and  if  we  fur- 
ther say  that  a  sjiecial  tax  shall  be  levied  for 
the  purjjose  of  paying  the  interest,  do  not  we 
by  implication  inhibit  the  Legislature  from  lev- 
ying a  tax  to  pay  the  principal,  and  say  in-^tead 
that  the  entire  principal  shall  be  paid  from  the 
revenues  derived  from  the  public  lands  alone  ? 
It  can  certainly  do  no  harm,  if  the  gentleman 
believes  the  Legislature  has  the  power  to  frame 
a  law  for  levying  a  special  tax  for  the  payment 
of  the  principal  of  the  bonds  as  well  as  the  in- 
terest, to  say  so  in  so  many  words. 

I  am  sorry  that  the  gentleman  from  Washoe 
should  entertain  the  erroneous  impression  that 
I  desired  to  impugn  his  motives.  At  the  com- 
mencement of  this  debate,  in  a  speech  somewhat 
jocose  in  its  character,  I  alluded  to  the  effect  of 
this  measure  upon  Washoe  County  ;  but  he  dis- 
claimed the  idea  of  being  opposed  to  the  meas- 
ure on  that  ground,  and  I  then  said,  as  the  Con- 
vention will  remember,  that  I  was  very  happy 
to  accept  of  his  disclaimer,  and  to  believe  that 
the  gentleman  had  no  desire  to  serve  especially 
what  certainly  were  the  specific  interests  of  his 
county,  by  striking  out  this  proviso.  And  I  am 
happy  now  to  say  that  I  consider  the  gentleman 
from  Washoe,  not  only  as  not  lacking  in  integrity 
orf\\ir  dealing,  but  as  a  monument  of  integrity, 
of  patience,  of  courtesy,  of  fair  dealing,  and  of 
personal  beauty.  [Laughter.]  I  have  no  desire 
to  impute  any  thing  to  him  which  I  would  not 
willingly  have  imputed  to  myself.  But,  sir,  I  do 
protest  that  the  proposition  to  make  the  issuing 
of  bonds  in  aid  of  the  Pacific  Railroad  depend- 
ent upon  the  sale  of  the  public  lands  granted 
to  this  State  by  Congress  for  internal  improve- 
ments, is  calculated  to  defeat  the  very  purpose 
of  this  provision.  I  do  not  say  that  such  is  the 
intention  of  the  gentleman  ; — on  account  of  his 
disclaimer,  I  am  of  opinion  that  he  did  not 
even  think  of  it ;  but  such  is  the  effect,  never- 
theless. 

You  authorize  the  issuance  of  these  bonds, 
and  at  the  same  time  you  declare  that  they  shall 
be  paid  only  by  the  sale  of  the  public  lands 
granted  to  this  State  for  purposes  of  internal 
improvement,  and  what  will   be   the    result? 


Why,  sir,  is  there  a  capitalist  in  the  world  who 
would  give  fifteen  cents  on  the  dollar  for  tiuxH! 
millions  of  dollars  in  l)onds,  with  no  better  ba- 
sis than  the  sale  of  the  public  lands  in  Nevada? 
I  do  not  know  what  amount  of  lands  could  bo 
sold  at  the  present  time  by  the  State,  but  I  ven- 
ture to  say  that  not  one  niillion  of  dollars  could 
be  derived  from  those  lands.  We  have  but 
very  few  acres  of  public  lands  which  could 
now  be  brought  into  market,  except  perhaps 
out  on  the  deserts,  in  the  vicinity  of  Fort 
Churchill,  and  I  do  not  think  that  maiiy  s])ecula- 
tors  are  going  to  rush  down  there  to"  purchase 
those  lands  or  to  pay  anv  considerable  sum  for 
them.  The  fact  is.  that  if  we  extend  this  aid  at 
all,  in  order  to  make  it  effective  we  have  got  to 
make  provision  for  its  payment  in  such  a  man- 
ner as  to  give  to  the  bonds  the  confiilence  of 
capitalists.  If  we  do  not  do  that,  our  aid  will 
only  be  a  pretense.  If  you  issue  your  bonds 
based  on  the  sale  of  the  public  lands  alone,  you 
may  be  keeping  the  promise  to  the  ear.  but  you 
are  certainly  breaking  it  to  tlie  hope.  Now, 
sir,  I  am  in  favor  of  aiding  the  Pacific  Railroad, 
and  I  do  not  now  believe— I  am  happy  to  say 
it— that  the  opponents  of  this  clause  are  op"^- 
posed  to  its  being  built.  I  am  happy  to  be- 
lieve that  they  very  much  desire  to  have  it 
built— provided,  always,  that  somebody  else 
will  pay  for  it.  I  do  not  think,  at  all  events, 
that  they  would  absolutely  laljor  to  prevent  its 
coming  here,  although  tliey  have  evinced  no 
disposition  to  aid  its  coming.  With  the  gen- 
tleman from  Washoe,  (Mr.  Stnrtevant,)  1  be- 
lieve that  the  finances  of  this  Territory  at  the 
present  time  are  in  the  most  deplorable  condi- 
tion. I  am  almost  inclined  to  quote  in  re- 
gard to  them  the  words  attributed  to  Jefferson 
Davis  by  Hosea  Biglow  : — 

"  Suthin  's  got  to  be  done. 
We  are  clean  out  of  money,  and  eenamost  out  of  land. ' ' 
[Laughter.]  I  believe  we  are  in  a  very  bad 
condition.  But  I  believe  the  Pacific  Railroad 
would  1)0  the  salvation  of  us  ;  that  by  the  con- 
struction of  that  road  so  as  to  run  one  year 
earlier  into  this  State— and  I  believe  it  would 
be  brought  here  one  year  earlier  by  this  pro- 
viso—it would  make  a  difference  of  from  fifteen 
to  twenty  millions  of  dollars  to  this  communi- 
ty. I  think  the  property  which  would  be  cre- 
ated by  the  construction  of  that  road  would 
amount  to  so  much  that  the  taxes  along  the  line 
would  be  sufficient  to  pay  the  principal  and  in- 
terest on  all  the  bonds  i)roposed  to  be  is.sued, 
within  five  years.  It  would  take  but  a  mode- 
rate amount  of  increase  in  our  taxable  proper- 
ty to  do  that.  I  was  in  favor  of  supporting  the 
amendment  offered  by  the  gentleman  from  Sto- 
rey, (Mr.  Hovey.)  providing  that  this  aid  should 
not  be  confined  to  our  own  Territory,  but  may 
be  expended  in  crossing  the  inaccessible  moun- 
tains which  lie  some  fifty  miles  to  the  west  of 
us  ;  but  I  became  satisfied  that  the  sense  of  the 
majority  of  this  Convention  was  against  that 
proposition,  and  I  therefore  suggested  to  my 
colleague  (Mr.  DeLong)  to  get  something  prac- 


■2\'l 


PACIFIC  RAILROAD. 


[7th  da}\ 


Monday,] 


DkLoxg — Fitch — Nolkse— Banks— Hawley. 


[July  11. 


tieal  bt'forp  the  committee,  because  I  wanted  to 
i:i't  to  a  V"ii«-  as  sutiii  as  possible,  and  dispose  of 
liiis  troulilesiiiiii'  question. 

Mr.  DkLoNG.  1  would  like  to  ask  the  gen- 
tlenuui  uiu-  (pu'stion,  and  that  is.  how  ho  would 
•_'.i  tti  wcirk  to  build  a  railroad  over  iuaccessi- 
liU-  niouutaiu-'.'  [I.aujrliter.] 

Mr.  KITCII.  That  was  a  little  hypt>rbolc — 
-.imelhiiifr  that  my  collea<^ue  never  iudulf^es  in. 
.mil  tlieri't'ore  knows  nothinji  about.  [Luuj;hter.] 

Now  lest  liicre  should  be  any  shadow  of  sus- 
jiicion  lurkin;;  in  the  miud  of  any  gentleman 
iu-re.  or  in  the  lobl)y,  or  in  thi'  mind  id'  the  gi-n- 
tlcnuin  from  Washoe,  that  I  intended  in  any 
way  to  reflect  u|)on  his  motives,  I  wish  to  re- 
peat that  1  never  designed  to  impute  to  him 
anything  but  the  most  exalted  patriotism,  the 
mi>-;t  i)r<dound  morality,  and  the  most  jjcrfect 
fair  dealing  :  and  furthermore.  1  Itelieve  him  to 
lie  the  handsomest  man  in  the  Convention. 
[Laughter.] 

Mr.  NOIR.SE.  I  would  reciprocate  the  gen- 
tleuKurs  compliments,  if  I  could  do  so  consci- 
entiously. [.Merriment.]  And  now  I  wish  to 
say  this  :  As  this  amendment  stands  at  present, 
it  says  that  the  jjroceeds  shall  go  •■  towards  " — 
that  is  the  language  — -  (oirdrds  a  sinking  fund"  ; 
and  the  ])ower  of  the  Legislature  to  levy  a 
t  i.x  is  therefore  not  limited.  The  proviso  only 
limits  the  power  to  loan  or  donate  the  public 
credit,  and  not  the  power  to  tax.  If  a  .State 
debt  exists,  the  power  in  the  Legislature  of  the 
.''tale  to  levy  a  ta.x  to  ])ay  that  debt  necessarily 
exists  as  a  cnnse(pience.  The  gentleman  from 
."^iorey  will  not  deny  that,  and  therefore  I  say. 
as  the  proviso  stands  now  it  fixes  no  limit,  for 
it  expressly  say.s— and  that  amendment  was 
made  at  the  gentleman's  own  request — that  the 
money  derived  from  those  lands  shall  go  •'  to- 
wards ■■  a  sirddiig  fund. 

The  (piestion  was  stated  on  the  amendment, 
and  it  was  again  read. 

-Mr.  IJ.VNK.^.  I  do  not  sec  the  use  of  that 
wiird  ••  sum."  where  it  says.  "  for  the  extinguish- 
nieui  of  tlie  princijjal  smn  of  said  bonds." 

Mr.  ILVWLLV.  If  there  is  no  objection,  I 
will  strike  nut  the  word  ••  sum.'' 

The  (pi<-<tiiin  was  taken  on  the  amendment 
as  thus  modified,  and  it  was  agreed  to. 

The  (piestion  recurred  on  the  amendment  to 
strike  out  the  provi.so  altogether,  so  that  the 
si'ction  would  read  as  follows  :^ 

Skc.  9.  Tlio  StaU-  Hhall  not  iloiiatc  or  loan  money  or 
ilH  c-re.lit.  HuljKiTilM!  to,  (ir  Itr-  int<Ti:str<l  in  tlic  «tu<-k 
of  any  (•(iinpun.v,  asHociation,  or  i-orporatidu,  except 
I  oriiorationH  foruieU  for  c-ducational  or  charitable  iiur- 

JHIWH. 

Mr.  Xr)r[{.SK.  I  want  to  say  but  a  very  few 
words  as  to  my  reasons  for  offering  this  amend- 
ment to  strike  out  the  ])roviso.  I  bidieve.  in 
Ihi-  fir>l  place,  that  we  need  not  argue  the  ques- 
tion as  to  the  necessity  to  us  of  the  construc- 
tion of  this  Pacific  Kailroad.  1  believe  every 
man  who  is  not  a  foid  must  concede  that  tiie 
r.iilro.nl  is  aI)solute|y  necessary  for  the  devid- 
opini-nt  and  «-ontiniied  prosperity  of  thi.s  com- 
munity, and  therefore  I  will  pass  "that  by. 


Now,  this  proviso  is,  that  the  State,  through 
its  Legislature,  may  loan  three  millions  of  dol- 
lars :  and  there  are  no  restrictions,  except  that 
it  is  to  be  used  exclusively  for  the  building  of 
the  railroad.  Either  wo  are  expected  to  pay 
that  amount  of  money  which  we  loan,  or  wo 
are  not.  Either  it  is  a  matter  of  security,  by 
which  we  are  to  give  a  certain  guarantee,  that 
shall  bo  deemed  worth  something,  or  it  is  a 
more  matter  of  form.  If  it  is  a  mere  matter  of 
form,  it  is  hardly  worth  while  to  ]uit  it  in  our 
("onstitution  ;  if  it  is  a  matter  of  substance — 
if  it  is  really  to  allow  the  Legislature,  through 
the  vole  of  the  pi'ople.  to  loan  this  amount  of 
money — then  comes  up  the  question,  what  are 
\\t'  loaning  ?  or,  what  are  wo  granting  ?  And 
I  wish  to  say  here,  distinctly,  that  if  I  believed 
this  loan  would  advance  the  Ituilding  of  the 
Pacific  Railroad  one  year,  although  there  are 
some  objections  to  it,  in  this  point  of  view — 
that  the  tax  is  levied  on  all  property  equally, 
while  it  benefits  some  property, very  much,  and 
injures  other  property  very  much — ;yet.  never- 
theless, I  should  bo  disposed,  as  a  mere  matter 
of  policy  on  the  part  of  the  State,  to  at  once 
grant  tlie  loan — always  |)rovided  wo  wore  able 
to  grant  it,  and  meet  our  obligations  when  they 
become  due.  But  I  would  a  groat  deal  rather 
give  that  money  outright  than  lend  it,  after  all, 
because  then  we  should  have  done  with  the 
whole  thing.  I  really  think  it  would  bo  a  good 
investment,  if  it  would  advance  the  building  of 
this  road  as  much  as  one  year :  and  I  agree 
with  the  gentleman  from  Storey  (Mr.  Collins) 
that  the  benetit  to  the  State  of  having  the  rail- 
road for  one  year,  would  amount  to  a  good 
deal  more  than  the  three  millions  of  dollars 
which  it  would  cost.  But  it  is  because  I  do 
not  believe  it  will  help  the  railroad  a  single 
year,  or  a  single  montli,  or  a  single  day.  that  I 
oi)])Ose  this  provision.  I  think,  in  the  first 
place,  that  except  so  fiir  as  the  public  lands 
will  go — and  they  will  amount  to  comiiara- 
tively  little— we  shall  have  the  whole  amount 
of  our  loan  to  pay  one  of  those  days.  We  shall 
ultimately  have  to  i)ay  both  principal  and  in- 
terest— the  whole  of  it.  Ag.iin,  the  railroad 
does  not  need  any  aid  from  us  to  secure  its 
construction.  This  enterprise  seems  to  possess 
already  all  the  elements  of  wealth  ;  and  un- 
doubtedly it  will  be  built,  in  good  time,  if  we 
let  it  alone  ;  and.  therefore,  I  say  the  issuing  of 
the.^^o  bonds  before  the  wealth  of  the  State  is 
developed,  would  be  imposing  ujion  the  State 
a  very  onerous  burden.  It  would  be  unsafe 
and  unwise  to  do  such  a  thing  in  anticipation 
of  a  slate  of  things  which  may  hereafter  exist, 
or  may  not. 

Now.  I  have  hero  some  figures  giving  the 
amounts  of  tlie  expenses  whicli  have  been  in- 
curred ill  maintaining  our  gi)\ernment,  ovt'ii  un- 
der the  jiresent  territorial  Ibrm.  The  expenses  of 
the  Territory  of  Nevada  for  the  fourteen  months 
ending  December  aist,  ISd:?,  amounled  to 
nearly  $10<l,0()().  Deducting  from  that  the  pro- 
portion of  expenses  for  two  months  in  18G2,  it 


7tli  day 


PACIFIC  IIAILROAD. 


213 


Monday,] 


Fitch — Nocrse— DeLong. 


[July  11. 


leaves,  as  the  expenditure  for  the  year  18G3. 1 
$93,200  ;  and  of  that  amount,  only  about  SICOO  [ 
was  interest  money.  In  addition  to  that  ex- ' 
penditure,  Me  have  now  to  provide  for  a  large  j 
amount  of  bonds,  which  did  not  exist  a  year 
and  a  half  ago.  We  have  what  we  called  the 
Curry  bonds,  for  the  penitentiary,  amounting 
to  some  $t)0,000,  and  other  bonds  for  Territorial 
indebtedness,  making,  altogether,  a  total  of 
$254,000  of  bonded  indebtedness,  in  addition  j 
to  the  current  expenses ;  and  in  order  to  esti-  j 
mate  our  expenditures  for  this  year,  the  interest  I 
on  these  bonds  will  have  to  be  added  to  the ' 
expenditures  which  I  have  given  for  the  last ' 
year,  inasmuch  as  these  bonds  did  not  then  ex- ' 
ist.  One  portion  of  these  bonds  bear  interest 
at  ten  per  cent,  per  annum,  and  another  portion  i 
at  one  and  one  half  per  cent,  per  month,  mak- 
ing the  total  interest  635.400  per  year.  Deduct- 
ing from  that  the  amount  which  was  paid  dur- 
ing the  year,  or  rather,  during  these  fourteen 
months,  and  it  leaves  $34.0(10  ot  interest  money 
to  be  paid  this  year  more  than  was  paid  last  :i 
and  adding  that  to  the  $93,000  of  current  ex- ! 
penses,  brings  the  entire  amount  of  expendi-  j 
tures  up  to  something  like  $127,000  a  j-ear.  | 
That  is,  as  a  mere  Territory,  with  no  heavy  ex- ' 
penditures  required  for  judicial  officers,  or  State 
officers,  or  anything  of  that  sort,  we  have  an  i 
absolute  expenditure  of  S127.000  a  year! 

Now,  sir,  I  have  looked  through  the  Audi- 
tor's and  Treasurer's  reports,  and  I  cannot 
find  that  there  was  any  income  during  that 
time,  except  $44,000,  and  out  of  that  there  had 
to  be  paid  the  Federal  tax,  amounting  to  i 
$6,118,  leaving  an  income  for  Territorial  pnr- i 
poses  of  a  little  less  than  $38,000.  Then  I ! 
should  take  out  of  our  expenditures  this  amount 
paid  over  to  the  Federal  Government,  and  that 
leaves  our  total  expenses  at  $121,000.  .showing 
for  the  year,  or  in  that  proportion,  an  income 
of  about  S38.000.  and  against  that  an  expend- 
iture of  $121,000.  That  is  the  state  of  our 
finances  at  the  present  time,  and  certainly  no- 
body complains,  I  believe,  but  that  onr  taxes 
are  already  heavy  enough. 

Then  when  we  become  a  State,  with  an  ex- 
pensive State  government,  we  shall  have  to 
add  to  that  an  expenditure  of  at  least  double 
the  amount  of  current  expenses.  We  .shall 
have  to  reckon  our  total  expenditures  at  not 
less  than  $250,000  or  S300.000,  and  only  this 
small  income  to  offset  it.  We  shall  have  an 
annual  expenditure  of  jierhaps  not  less  than 
$300,000  for  current  expenses,  and  an  income, 
at  least  as  the  case  stands  now,  of  only  some 
$38,000.  That  is  certainly  a  bad  enough  con- 
dition of  financial  affairs  to  face. 

But  I  pass  that  by  for  the  present,  and  I  ask 
in  all  candor  and  seriousness  what  is  the  value 
of  the  bonds  to  an  amount  of  three  millions  of 
dollars  which  are  going  to  be  issued  by  a  State 
which  has  such  a  show  of  income  and  outgo  ? 
I  repeat  the  cjuestion  of  the  gentleman  from 
Ornisby,  (Mr.  Johnson),  and  I  want  that  gentle- 
man (Mr.  Hovey)  who  says  he  has  a  thousand  of 


his  constituents  up  in  Storey  County  too  poor 
topay  a  poll-tax,  and  yet  who  treats'  this  three 
million  loan  as  a  trifle,  and  this  interest  of 
$210,000  a  year,  as  the  merest  trifle  in  the 
world,  to  show  mo  where  the  capitalists  who 
are  going  to  buy  these  bonds  are  to  look  for 
their  redt^nption  ?  1  want  these  gentlemen  who 
despise  this  contemptil)le  loan  so  much,  to  tell 
me  how  they  can  sell  bonds,  made  payable 
from  the  proceeds  of  your  public  lands  ?  Where 
are  the  capitalists  who  will  buy  them  ?  Where 
are  you  going  to  find  the  basis  to  make  the 
bonds  of  any  worth  ?  I  say  it  seems  to  me  that 
if  you  loan  the  l)on(ls  the  railroad  company  will 
get  them,  and  sell  them  for  what  they  will 
bring,  and  I  think  twenty-five  per  cent,  "would 
be  a  very  high  estimate,  so  that  the  whole  three 
millions  of  bonds  would  only  benefit  the  rail- 
road to  the  extent  of  $750,000.  I  think  that 
would  be  a  very  large  and  liberal  estimate  in- 
deed. 

Mr.  FITCH.  Will  the  gentleman  from  Washoe 
allow  me  to  suggest  that,  as  the  .section  has 
been  amended,  the  bonds  are  to  be  issued  only 
for  $50,000  for  each  mile  as  the  road  pro- 
gresses, in  this  State.  And  he  should  take  into 
account  the  increase  in  value  of  the  property, 
as  the  road  progresses. 

Mr.  NOURSE.  I  did  not  understand  that 
that  amendment  was  adopted.  I  will  withdraw 
all  objection  if  that  is  the  state  of  things.  If 
the  bonds  are  not  to  be  issued  until  the  rail- 
road crosses  the  Sierra  Nevada  Mountains,  I 
will  withdraw  all  objections. 

Mr.  DeLOXC.     That  is  the  way  it  stands. 

Mr.  NOUKSE.  Very  well,  then,  I  Mithdraw 
all  objection  on  my  part. 

Mr.  DeLONG.     And  the  speech,  also  ? 

Mr.  NOURSE.  Yes,  I  will  take  back  the 
speech,  also  ;  l)ut  let  us  have  the  section  read, 
so  as  to  know  what  we  are  doing. 

The  SECRETARY  read  the  section  as  here- 
tofore amended,  as  follows  : — 

Sec,  9.  The  State  shall  not  donate  or  loan  money 
or  its  credit,  siibscribe  to  or  be  interested  in  the  stock 
of  any  company,  association,  or  corporation,  except 
corporations  formed  for  educational  or  charitable  jjur- 
poses  ;  provided,  that  the  State  may  issue  bonds,  or 
secure  the  i^ajTuent  of  the  principal  or  interest,  or 
both  principal  and  interest  of  bonds,  to  an  amount  not 
exceeding  three  mOlions  of  dollars,  at  a  rate  of  inter- 
est not  exceeding  seven  percent,  per  annum,  in  sums 
not  exceeding  fifty  thousand  dollars  per  mile  for  each 
mile  of  road  actually  constructed  within  the  bounda- 
ries of  the  State  of  Nevada,  on  such  terms  as  the  Leg- 
islature may  prescribe,  to  the  comjjany  which  shall 
first  complete  a  raUi-oad  to  the  State  line  connecting 
this  State  with  the  navigable  waters  of  California,  or 
with  the  navigable  waters  of  the  Mississippi  River,  but 
no  law  to  issue  bonds  shall  be  eflective  unless  sanc- 
tioned by  a  vote  of  the  people  at  a  special  election  to 
be  called  for  that  purpose  ;  prorvled,  further,  that  the 
sums  derived  from  the  proceeds  of  the  sales  of  the 
public  lands  granted  to  this  State  for  internal  improve- 
ment iiurposes,  shall  be  set  apart  towards  a  sinliing- 
fund  for  the  extinguishment  of  the  principal  of  .«aid 
bonds  ;  and  provided,  further,  that  a  si)ecial  tax  shall 
be  levied  to  secure  the  payment  of  the  principal  and 
interest  of  said  bonds, 

Mr.  NOURSE.  I  suggest  one  further  altera- 
tion, out  of  abundant  precaution,  and  that  is, 


214 


PACIFIC  RAILROAD. 


[7th  day. 


Monday,] 


DeLoxg — NocBSE — Warwick— Sturtevaxt. 


[July  11. 


to  sav  tbat  the  bonds  shall  be  issued  to  the  rail- 
road'- which  shall  first  have  reached  the  State 
line."  instead  of  "  which  shall  first  complete  a 
railroad  to  the  State  line.'' 

Mr.  1)kL(  )N(;.     What  is  the  difference  ? 

Mr.  Nol'liSK.  Because  otherwise  the  bonds 
may  be  granted  to  some  com|iany  u])nn  a  con- 
dition that  is  to  be  the  one  which  shall  thereaf- 
ter get  there  first.  I  will  make  it  as  a  motion 
to  amend  bv  substituting  those  words. 

Mr.  KlTC'lI.     1  will  second  the  motion. 

Mr.  WARWICK.  Am  I  right  in  understanding 
that  the  aid  which  we  are  now  proposing  to  give. 
](ro\  ided  the  peoi)K'  so  vote,  is  only  to  l)e  given 
to  that  jiortion  of  the  road  which  is  to  be  con- 
structed within  the  boundaries  of  our  own  .State  ? 

The  CllAlRM.VN.  That  is  the  language  em- 
jdoyed.  certainly  ;  that  is  the  understanding  of 
thel'hair. 

Mr.  WARWICK.  Then  I  can  only  say.  if 
that  be  the  case.  that,  without  iniiuigning  the 
motives  of  any  gentleman.  I  certainly  admire 
the  liberality  of  those  members  who  ])ropose 
to  give  just  nothing  at  all  to  aid  this  railroad 
coniitany  which  is  now  struggling  to  reach  us 
(m  our  western  borders.  It  is  provided  that  il 
that  comjiany  will  construct  thirty  miles  or  six- 
ty miles  within  our  borders,  then  it  shall  re- 
ceive this  aid,  leaving  them.  sir.  to  cro.ss  these 
mountain  barriers,  one  of  the  most  tremendous 
pieces  of  engineering  that  litis  ever  yet  been 
undertaken  to  l)e  cfunpassed  by  human  genius. 
V.  ithout  any  assistance  on  our  i)art.  It  is  there 
iliat  they  lu'ed  the  aid,  while  crossing  that 
nuMmtain  liarrier.  and  not  within  oiu'  own 
State.  Wlieii  this  work  was  first  pro))osed  in 
the  national  Congress,  some  of  the  ablest  engi- 
neers, men  of  large  exjx'rience  in  that  branch 
of  science,  stood  a]Ji)alled  at  the  tremeiulous 
diniculties  and  the  nuignifici-nce  of  the  enter- 
))rise,  and  by  nuiuy  of  them  the  work  was 
pronounced  to  be  utterly  impossible.  Now 
we  see  this  railroad  company  rapidly  ajj- 
proaching  towards  the  western  botuularies 
of  our  State,  l)nt  the  barrier  still  remains 
l)etween  us,  and  they  now  ajjpeal  for  aid  to  en- 
able them  to  overciime  it.  iJut  geutlenu'U  say  : 
•  (),  let  us  hold  l)ack  I  iJo  not  give  them  aiiy 
aid,  an<l  they  will  struggle  through.  Do  not 
give  them  anything  :  keep  your  hands  on  j'our 
j)ockeL<,  and  they  will  wm-k  their  way  through 
somehow."  And  as  a  warning  example,  we 
are  referred  to  the  oft-repeateil  instance  of  the 
iiiin  of  .Minnesota.  In  the  most  ingenuous  and 
iione.«t  manner,  whicli  is  a  part  of  tlie  nature  of 
tiie  gentleman  from  .Minnesola  — I  beg  pardon  ; 
from  Washoe  he  aftiMwards  tells  you  that  I 
though  that  State  had  ruined  iicrself  by  leiuling 
aid  to  railroads,  yet  that  she  had  never  i)aid  a 
dollar  either  of  interest  or  principal  on  her 
railroad  bonds.  [I.augliter.]  Is  that  the  way 
Stiile.-i  are  ruine(l  ?  1  do  not  see  exactly  where 
or  how,  under  such  circumstances,  the  nun  is 
t<j  ensue.  j 

Mr.  STCKTHVANT.  Probably  it  ruined 
what  character  the  State  had. 


I  Mr.  WARWICK.  But  she  had  no  character  to 
lose.  She  was  like  the  man  who  was  once  asked 
by  another  to  give  his  signature  to  a  note  of  hand, 
]  and  replied  :  "  0,  certainly  ;  you  can  have  my 
1  name  if  it  will  do  you  any  good;  it  is  of  no  service 
to  me."  It  seems,  according  to  the  gentleman's 
account,  that  when  her  ruin  did  ensue,  she  left 
those  whom  she  had  enveigled  into  purchasing 
her  bonds  to  work  their  waj-  through  as  best 
j  they  could,  and  never  paid  a  dollar  on  those 
l)0uds.  Is  that  what  the  gentleman  proi)oses 
here  ?  Does  he  ask  us  to  leave  this  enterprise 
to  struggle  through,  trusting  to  God  Almighty 
alone,  and  saying  that  luider  no  circumstances 
will  we  lend  it  any  assistance?  We  are  then  to 
turn  our  backs  upon  this  enterprise  while  it  is 
struggling,  but  after  it  has  got  through,  and  all 
completed,  and  sixty  miles  further  built  in  our 
own  Territory,  then  we  will  come  forward  and 
give  the  comi)any  fifty  thousand  dollars  a  mile, 
at  a  time  when  they  have  no  longer  any  need 
of  our  assistance.  No,  sir  ;  it  is  not  within  the 
borders  of  this  Territory  or  State  that  this  road 
needs  our  aid  ;  but  it  is  in  crossing  this  huge 
mountain  barrier  on  the  west  of  us.  It  is  then 
that  it  needs  aid,  and  every  dollar  of  aid,  too, 
that  the  State,  and  the  nation,  and  each  county 
through  which  this  road  shall  pass,  can  att'ord 
to  give  it,  to  enable  those  who  have  it  in  charge 
to  complete  this  great  work. 

This  is  no  mere  private  or  individiud  enter- 
prise. It  is  a  great  national  work,  which  is  in- 
tended to  bring  to  our  midst  the  commerce  of 
the  East — to  make  this  the  great  highway  of  the 
nations  of  the  earth.  If  these  gentlemen,  with 
their  narrow  policj',  were  legislating  only  for 
to-day  ;  if  they  could  not  look  beyond  their 
own  counties,  beyond  their  narrow  valleys  with 
mountains  and  rocky  barriers  all  around,  shut- 
ting them  out  from  human  society  beyond,  I 
would  not  blame  them  for  the  course  they  are 
pursuing  ;  but.  sir,  I  trust  in  God  that  this  State 
has  a  future, — that  we  are  legislating  not  for 
this  day  or  this  hour,  but  that  when  we  shall 
have  passed  away,  and  when  our  children's 
children  are  no  more,  then  this  great  Pacific 
Railroad  shall  continue  to  stand  a  monument 
of  human  wisdom  and  of  the  greatness  of  the 
age  in  which  we  live.  I  regard  this  as  the 
grandest  enterprise  which  has  been  undertaken 
in  this  age.  It  is  one  which  has  commanded 
the  respectful  attention  of  the  whole  civilized 
world.  To  efiect  similar  juirposes  thi'  energies 
of  great  nations  have  been  directed  for  years. 
See  what  efforts  have  bi'cii  made  to  cut  a  canal 
acro.ss  the  Isthmus  of  Darien — a  work  which 
presents  almost  insurmountable  obstacles.  Now 
here  we  have  the  opportunity,  if  we  will  but 
avail  ourselves  of  it.  of  making  our  own  land 
the  great  highway  of  the  nations.  It  is  lor  this 
reason  that  I  am  in  favor  of  lending  our  aid  to 
this  work,  not  as  an  individual  enterju-ise.  for 
the  benefit  of  a  few.  but  as  a  great  work  under- 
taken by  a  great  people,  carried  through  in  a 
great  age,  ami  finished  by  a  great  nation. 

The  gentleman  from  Washoe  has  most  ingen- 


7th  day.] 


PACIFIC  RAILROAD. 


215 


Monday,] 


Fitch. 


[July  11. 


lously  woven  together  a  quantity  of  figures  and 
statistics,  and  on  the  top  of  tbe  pyramid  wliieli 
he  has  thus  reared,  he  has  phiccd  the  cost  of 
this  enterprise.  We  have  been  told  that  fiVL' 
years  ago  this  Territory  was  almost  a  luiwling 
"wilderuess  ;  but  five  yeare  hence  what  will  it 
be  ?  Does  the  gentleman  imagine  that  our 
mines  are  all  exhausted  or  depicted  •,  that  there 
is  neither  silver  nor  gold  left  in  them  ?  Have 
not  we  reason  to  anticipate  that  ihere  will  be 
a  vast  increase  in  their  production? — thnt  the 
same  influences  which  have  laiilt  a  great  city 
on  the  side  of  yonder  mountain,  and  scattered 
flourishing  villages  all  over  the  plains  around 
us,  will  continue  to  operate  ?  Have  not  we 
reason  to  believe  that  five  years  hence  our  pop- 
dilation  and  our  wealth  will  be  doubled '!  Is 
the  gentleman  appalled  by  the  fall  in  Gould  & 
Curry  ?  Does  his  mind  dwell  upon  the  fluctua- 
tions of  Savage  ?  Or  are  his  apprehensions 
aroused  by  the  low  prices  of  hay '.'  I  hope  we 
■••ihall  not  lie  influenced  by  such  considerations. 
Unappalled  by  the  present,  let  us  look  to  the 
future,  and  not  imagine  that  v.e  are  legislating 
only  for  to-<iay.  This  sum  of  three  millions  of 
dollars  now  looming  vip  so  hugely  before  the 
affrighted  imagination  of  the  gentleman  from 
Washoe,  before  we  shall  be  called  upon  to  pay 
it  ma}' seem  to  be  but  as  a  drop  in  the  wide 
ocean,  I  hope  that  before  another  year  shall 
have  passed  away  our  population  will  have 
been  doubled,  and  I  think  we  have  every  rea- 
son to  expect  that  it  will  lie.  The  new  discov- 
eries which  have  !>een  made  in  our  midst  are 
.«uch  as  to  justify  ten  times  our  present  amount 
of  population,  I  think  we  need  not  shrink  in 
the  least  from  authorizing  this  loan  of  three 
millions,  and  I  think  the  justice  and  libei»ality 
of  this  Convention  M'ill  so  determine  tliis  ques- 
tion. Let  us,  at  least,  allow  the  Legislature  to 
act  hereafter  in  such  a  manner  as  the  then  ex- 
isting circumstances  of  the  State  shall  warrant. 
I  hope  we  shall  not  hamper  and  hem  in  this 
appropriation  in  such  a  way  as  to  render  it 
utterly  worthless  to  the  enterprise  which  we 
seek  to  aid. 

Mr.  FITCH.  I  start,  Mr.  Chairman,  with 
the  proposition  that  in  giving  aid  to  the  Pacific 
IJailroad.  it  is  best  that  it  should  be  given  lib- 
erally and  effectively.  I  am  dis)tosed  to  give 
to  the  managers  of  that  enterprise  all  the  aid 
possible,  and  also  to  allow  them  to  expend  that 
aid  either  in  California  or  in  this  State,  as  they 
deem  best.  But  the  more  I  think  of  it— the 
more  facts  I  hunt  up  in  relation  to  it — the  firmer 
becomes  my  conviction  that  the  proposition  as 
amended  by  my  colleague,  (Mr  DeLong,)  which 
is  the  form  in  which  the  proviso  is  now  before 
the  Committee — is  the  one  which  should  pre- 
vail. Now,  it  is  true  that  we  should  extend 
aid  to  the  Pacific  Railroad.  I  have  always  been 
in  favor  of  that.  And  I  believe,  also,  that  we 
should  give  it  as  much  aid  as  possible,  or,  at 
all  events,  as  ranch  as  we  can  afford.  But  I 
was  disposed,  nevertheless,  to  accept  of  this 
amendment ;  and  I  am  surprised  that  the  gen- 


tleman from  Lander  (Mr.  Warwick)  should 
make  any  opposition  to  it,  or  should  favor  the 
idea  of  our  giving  money  to  this  enterprise 
without  restricting  its  use,  or  specifying,  in 
some  manner,  where  it  is  to  be  used. 

Now,  sir,  I  have  in  my  hand  a  summary  of 
"  An  Act  to  aid  in  the  construction  of  the 
Pacific  Railroad."  which  was  passed  at  the  ses- 
sion of  the  California  Legislature,  of  which 
both  the  gentleman  from  Lander  and  myself 
had  the  honor  to  be  members.  And  here  I  will 
ask.  if  the  construction  of  this  road  is  to  prove, 
as  it  will  prove,  to  be  an  immense  benefit  to 
the  people  of  Nevada,  what  benefit  will  it  prove 
to  be  to  the  people  of  California?  If  it  will 
enhance  the  wealth  of  Virginia  City,  and  Car- 
son, and  the  various  other  cities  and  towns  of 
Nevada,  what  will  it  do  for  San  Francisco,  and 
Sacramento?  If  it  will  do  so  much  for  the 
State  of  Nevada,  what  will  it  not  do  for  the 
State  of  California  ?  We  shall  be,  for  many 
years  hereafter,  as  we  have  been  heretofore,  to 
some  extent,  dependent  upon  California ;  and 
the  wealth  which  we  produce  will,  a  large  pro- 
portion of  it.  at  least,  be  poured  into  the  lap 
of  California,  by  means  of  this  railroad  ;  so 
that  the  railroad  will  be  nearly  as  great,  if  not 
a  greater  benefit  to  her,  than  to  ourselves.  Now, 
in  consideration  of  this  promised  benefit,  what 
has  the  State  of  California  done  for  the  Pacific 
Railroad?  Why,  sir,  this  act  provides  that 
whenever  the  Central  Pacific  Railroad  Compa- 
ny shall  have  completed  not  less  than  twenty 
consecutive  miles,  for  the  conveyance  and 
transportation  of  passengers  and  freights,  the 
road  to  be  supplied  with  culverts  and  all  other 
appurtenances  of  a  first  class  railroad — when 
all  this  is  done  and  completed,  and  the  twenty 
miles  of  railroad  ready  to  go  into  operation — 
then  the  State  of  California  will  give  §10,000 
a  mile.  It  provides  that  in  the  construction  of 
this  railroad  from  the  city  of  Sacramento  to  the 
State  line  dividing  California  from  Nevada, 
when  the  railroad  shall  be  completed  from  the 
city  of  Sacramento,  through  a  distance  of  not 
less  than  one  hundred  miles,  then  the  company 
shall  have  this  $10,000  per  mile,  which  is  just 
one  million  of  dollars  altogether,  and  this  for  all 
that  California  portion  of  the  road — the  difficult 
portion  which  the  railroad  is  now  struggling  to 
pass.  Now,  what  does  the  State  of  Nevada 
propose  to  do  ?  AYhy,  our  Constitutional  Con- 
vention proposes  here  to  adopt  a  provision 
authorizing  our  first,  or  any  subsequent  Legis- 
lature, to  give  S50,000  per  mile  for  railroads  to 
be  built  within  our  own  bouiularies  ;  which  is 
just  five  times  the  amount  that  California  gives. 

It  may.  very  probably,  be  urged  that  Califor- 
nia could  not'  do  more.'  because  her  Constitu- 
tion prohil)ited  her  doing  more.  Well,  sir ; 
amendments  have  recently  been  adopted  to  the 
Constitution  of  that  State,  and  it  M-ould  have 
been  very  easy  for  them,  if  they  had  chosen  to 
do  it,  to  place  such  an  amendment  in  their  or- 
ganic law  as  to  enable  them  to  give  three,  five, 
or  ten  millions  in  aid  of  this  enterprise :  and 


21G 


PACIFIC  RAILROAD. 


[7  th  daj 


M.^nday.] 


Banks— Fitch — Hawley — DeLoxg. 


[July  11. 


where  we  can  afford  to  fjive  tbree  millions,  Cal- 
if.jniia  lan  cortainlv  atfonl  to  '/wo  ten.  Now, 
sir.  1  Ik-Hi-vo  ihat  nut  only  tor  tlu'  sake  ot^  onr 
own  interests.  Init  also  lor  the  .-^ake  of  nianii'est- 
iiii;  that  liberality  to  which  the  gentleman 
from  Lan.ler  (Mr."\Varwiek)  ai)iieals,  we  really 
onu'lit  to  extern!  our  aid  to  this  strnji>{liii.n-  road 
whieh  i.-^  tryinjj  so  hard  to  K'"'  u^>''  '•"'  ""mn- 
tains  to  lis."  lint  we  must  hear  in  mind  that 
this  road  is  already  hountit'ully  aided.  It  has 
alivatlv  SlU.lMJO  d(dlars  per  mile  from  the  .State 
..;■  (.'alifornia.  and  .•$4iS.()00  dollars  per  mile  from 
the  (leneral  Government,  (and  I  believe  that 
ha.-i-inee  been  doubled,  niakinj^  it  now  SDIi.OOO). 
and  it  is  also  liberally  aiiU-il  from  Nevada 
founty.  riacer  County,  ami  San  Francisco.  It 
ci-rtainly  has  an  abundance  of  aid  already,  and 
while  1  "ailmit  that  we  oujrht  to  aid  this  railroad. 
8ti  far  a.s  it  is  in  onr  power  to  do  !<o,  yet,  I  say 
we  should  be  just  before  we  are  generou.s  — 
just  to  (uir  constituents  Ijefore  we  are  f;-enerous 
to  (.'alifornia.  the  i)eoi)le  of  which  State  will  be 
a.'  >:reatly  In-iU'tited  Ijy  the  road  as  we  can  be. 
1  timl  that  the  lojiical  deductions  from  my  own 
l)remises  are  bringing  me  to  conclusions  which 
I  would  not  have  accei)ted  one  week  ago  ;  and 
I  tell  you  that  in  giving  three  millions  of  dol- 
lars to  any  road,  we  are  acting  very  generously. 
It  is  true  that  we  shoiihl  Ije  just  to  ourselves  at 
the  same  time,  but  we  should  be  more  so  by 
prescriliing  that  the  aid  we  give  shall  be  ex- 
pended within  onr  own  limits.  If  there  is  a 
community  on  the  face  of  (^od's  earth  to  which 
this  railroad  will  be  a  lienetit— if  there  is  a 
community  that  will  grow  rich  by  it— that  com- 
munity is  San  Francisco.  It  will  bring  her  up 
to  a  position  like  that  of  Tyre  andSidon,  and  her 
luerchant  princes  will  become  the  honored  of 
the  earth.  She  will  be  next  only  to  New  York 
in  nu-rcantile  wealth  and  gramU'iir.  Ami  yet. 
San  Francisco  is  quiijiiling,  and  lighting,  and 
gi'tting  out  injunctions  over  the  miserable  few 
thimsands  of  dollars  voted  by  her  people  as 
ber  apiiropriation  in  aid  of  this  road.  1  think 
the  jjeople  of  Nevada  will  be  generous  and  lib- 
eral if  they  give  S.")().OI)0  per  mile,  when  Cali- 
fornia only  gives  $l().()ll().  I  am  in  favor  of  this 
railroad,  antl  I  believe  that  the  |)co]de  of  Ne- 
vada will  be  able  to  give  this  aid  ;  Init  I  want 
il  provided  that  the  entire  amount  of  it  shall 
be  expended  in  onr  own  limits. 

-Mr.  15ANK.S.  The  gentleman  is  mistaken  as 
to  the  amount  given  by  the  State  of  California, 
lb-  refer.s  to  the  law  oi'  l.'~^('..''>:  Ijut  another  law 
was  pa.-scd  la-t  winter,  giving  the  road  a  vei'y 
large  sum.  The  gentleman  was  a  member  of 
the  California  Legislature  in  iSC;;,  ImU  since 
that  time  another  session  has  been  held,  at 
which  a  M-iy  large  ajtitropiiation  was  made 
in  aid  of  this  entcr|>rise.  I  forget  the  amount, 
but  I  think  il  was  two  millions  of  didlars. 

.Mr.  FITCII.  Th.-M  have  not  tli.y  had 
enough  money  given  llu'in  '.' 

-Mr.  IJANK.'^.  The  gentleman  is  also  in  error 
in  regard  to  the  increa.se  of  the  amount  granted 
b^-  Congreb.«.     I  have  just  received  u  po.sitive 


statement  on  that  subject,  to  the  effect  that  they 
did  not  get  any  increase  of  the  amount  of  Iho 
Federal  aid. 

Mr.  IIAWLEV.  The  latest  despatches  statu 
thai  Congress  gives  double  the  amount  of  land, 
but  no  more  in  bonds. 

yiv.  FlTini.  But  the  first  mortgage  may  bo 
made  bv  the  Railroad  Company,  taking  prece- 
dence of  the  (iovernnient  mortgage. 

-Mr.  DeLONCI.  As  one  of  those  amendments 
which  the  gentleman  from  Lander  (Mr.  War- 
wick) denounces  is  mine,  I  suppose  I  am  called 
npon  to  justify  myself  against  the  charge  of 
meanness  in  regard  to  the  Pacific  Railroad. 
Now.  it  strikes  me  that  it  is  not  mean  to  give 
$.')(l,()(ll)  to  the  mile,  when  that  amount  will  build 
every  mile  of  the  railroad  to  be  built  in  the 
State — when  we  offer  to  father  the  whole  cost — 
free,  gratis,  of  building  this  railroad  for  the 
distance  of  sixty  miles,  as  soon  as  it  shall  have 
reached  us.  It  seems  to  me  that,  for  a  little 
four-year  old  people,  with  no  resources  to  de- 
pend upon,  such  a  donation  is  a  long  ways 
from  meanness.  And  when  we  take  the  whole 
of  our  revenues  to  be  derived  from  the  pul)lic 
lands,  as  we  do  by  the  amendment  of  thi-  gen- 
tleman from  Washoe,  (Mr.  Sturtevant,)  and  ile- 
vote  them  to  this  object,  we  give  the  railroad 
company  a  double  guarantee  that  the  bonds 
shall  be  paid.  In  other  words,  we  give  the 
whole  of  the  land  ;  and  not  content  with  that, 
we  tax  the  peojjle  for  the  residue.  I  know  the 
gentleman  does  not  use  the  language  in  a  olfeii- 
sive  sense  ;  I  know  that  he  does  not  intend  to 
charge  the  jieople  of  Nevada  with  meanness  ; 
but  still,  that  is  the  effect  of  the  language  of  the 
gentleman— that  it  is  mean  narrow-mindedness, 
which  underlies  a  provision  of  this  kind.  I  say 
it  is  far  from  that,  when  I  am  willing  to  mort- 
gage myself,  ami  the  constituents  I  represent, 
to  ))ay  the  whole  cost  of  the  railroad  fVu'  sixty 
miles,  whenever  it  shall  come  within  our  limits; 
a  railroad,  too.  that  iiromises  to  pay  its  i)roject- 
ors,  whenever  they  do  get  it  to  our  bcnchu's, 
more  munificently  than  any  other  similar  enter- 
prise in  the  world— and  they  know  it.  It  is  a 
com])any  aided  and  encouraged  by  the  Federal 
(lovcrnmeut.  and  by  the  i)eo])le  of  the  whole 
n.ition  ;  aided  and  assisted  liy  the  State  of  Cal- 
ifornia, by  various  counties  in  that  State,  and 
by  the  voices,  the  hopes,  and  the  warmest 
wishes  of  the  peojjle  of  the  entire  r'acific  coast. 
Such  a  company  will  not  think  us  mean,  when 
they  hear  that  we  give  them  6.")().()l)0  i)er  mile 
for  e\ery  mile  lln'v  build  in  our  borders  to  the 
extent  of  sixty  miles.  I  am  willing  to  leave 
that  matter  to  the  gooil  sense  of  the  proprie- 
tors, or  rather,  the  projectors  of  that  road,  and 
let  them  .say  whether  or  not  this  donation — with 
all  the  .security  which  we  give  for  its  j)ayiuent — 
is  a  liberal  one  ;  and  I  fe(d  well  assured  that  we 
will  not  be  chai'ged  by  them  with  meanness. 

It  is  sirange  to  me  that  gentlemen  will  insist 
upon  il  that  we  are  hostile  to  this  enterprise. 
1  have  said,  and  I  rejieat  it,  and  my  as.sertion 
stands   as   good  as  any  other  member's,  that 


7th  day.] 


PACIFIC  RAILROAD. 


217 


Monday,] 


Warwick — DeLoncj — Johnson. 


[July  11. 


there  is  not  a  man  within  the  hearing-  of  my 
voice,  nor  in  the  wide  world,  who  is  more  anx- 
ious for  Ihe  com[)letion  of  that  road  than  I  am, 
or  who  foresees  tjrander  or  more  magnificent 
results  naturally  to  How  from  it,  when  it  shall 
be  completed.  It  will  bind  us  together,  indis- 
solubly,  as  a  nation.  It  will  be  of  incalculable 
advantage  to  us  in  case  cf  a  foreign  war.  If  a 
hostile  nation  should  seek  our  coast,  it  would 
bring  us  millions  of  freemen  from  the  eastern 
States,  coming  to  our  defence  Avith  bayonets 
glistening,  over  the  mountain  crests.  They 
might  be  shoulder  to  shoulder  M'ith  us  almost 
upon  a  day's  notice.  I  see  the  importance  of  all 
this ;  but  I  do  not  believe  in  giving  away 
money  which  our  people  have  so  hardly  earn- 
ed— money  raised  by  over-taxing  our  people — 
to  be  apj)lied  towards  building  a  railroad  out- 
side of  tlie  limits  of  our  State.  I  believe  that 
would  be  unwise,  and  I  believe,  further,  that 
it  would  plunge  us  into  a  debt  of  three  mil- 
lions of  dollars,  in  return  for  which,  we  should 
receive  no  considerable  benefit.  It  would  not 
help  the  road  to  an  amount  exceeding  $750,000, 
which  would  be,  comparatively,  but  a  mere 
trifle  ;  while,  if  we  grant  our  aiil  after  the  road 
reaches  our  borders  at  the  rate  of  S.'iO.OOO  per 
mile,  our  bonds  will  be  worth  then  almost  dol- 
lar for  dollar,  and  the  road  would  receive  the 
full  benefit. 

Mr.  WAliWICK.  I  believe  it  was  the  gentle- 
man from  Storey  who  pro])oscd  what  seems  to 
me  to  be  the  death-blow  of  this  railroad  clause, 
that  is.  that  the  rate  of  interest  shall  not  exceed 
seven  per  cent,  per  annum. 

Mr.  DkLONG.  The  gentleman  is  the  most 
mistaken  man  in  the  world,  for  I  voted  against 
it. 

Mr.  WARAVICK.     Was  it  adopted  ? 

Mr.  DeLONG.     It  was,  and  so  stands  now. 

Mr.  WAliWICK.  Then,  with  the  leave  of  the 
gentleman,  I  would  say,  that  our  Territorial 
bonds  heretofore  issued  are  drawing  not  less 
than  ten  per  cent,  interest,  and  the  Ormsby 
County  bonds  fifteen  per  cent,  or  thereabouts, 
if  I  am  not  mistaken  —  twelve  per  cent,  at 
least — and  yet  it  is  almost  impossible  to  raise 
money  on  those  bonds,  even  at  such  rates.  I 
therefore  look  upon  this  provision  as  entirely 
worthless,  although  I  do  not  undertake  to  im- 
pugn gentlemen's  motives  at  all. 

Mr.  DeLONG.  I  will  only  say  that  the  rate 
of  interest  seems  to  me  very  fair,  as  the  time  is 
far  off,  perhaps,  when  the  bonds  will  be  issued, 
and  inasmuch  as  the  Legislature  is  to  issue  only 
$50,000  at  a  time.  It  strikes  me  that  when  we 
have  a  railroad  building  across  our  State,  and  we 
appropriate  S50,000  at  a  time  in  aid  of  it,  our 
financial  condition  at  that  time  will  be  such,  or  at 
least  promises  to  be  such,  that  those  bonds  may 
be  faii'ly  negotiated,  as  fast  as  they  are  issued, 
even  bearing  interest  at  the  rate  of  only  seven 
per  cent,  per  annum.  If,  on  the  other  hand, 
they  are  issued  now,  when  we  have  no  railroad 
and  no  resources  to  rely  upon,  I  admit  that  the 
rate  of  interest  would  have  to  be  greatly  in- 


creased in  order  to  command  any  price  in  the 
market,  and  seven  per  cent,  would,  in  such  a 
case,  be  but  a  niggardly  rate  of  intei'est.  I  am 
willing  to  vote  for  the  ])roviso  as  it  now  stands, 
including  the  rate  of  interest  at  seven  per  cent., 
because  I  Ijelieve  that  by  the  time  the  railroad 
is  built,  by  means  of  the  sales  of  the  pu))lic 
lands,  and  a  comparatively  light  tax  in  addi- 
tion, perhaps,  we  can  raise  the  amount  without 
difficulty,  and  our  bonds  will  be  worth  dollar 
for  dollar  in  the  market.  I  hope  so  at  least, 
although  I  may  be  over  sanguine. 

Mr.  WARWICK.  I  move  to  amend  the  pro- 
viso as  it  now  stands,  by  striking  out  the  word 
■'  seven,-'  where  it  precedes  the  W(n-ds  -  per 
cent,"  and  inserting  in  lieu  thereof  the  word 
"  ten." 

[Mr.  FiTcn  in  the  Chair.] 

Mr.  JOHNSON.  Now,  sir,  I  hope  this  amend- 
ment will  not  be  adopted.  While  the  difference 
between  seven  per  cent,  and  ten  per  cent,  could 
be  of  compartively  little  value  to  those  who 
received  the  bonds,  yet  when  the  aggregate 
amount  of  such  bonds  shall  have  been  issued, 
it  will  so  much  more  increase  the  burden  upon 
the  people  of  the  State.  It  will  require  an  ad- 
ditional tax  upon  the  people  in  each  and  every 
year  of  $90,000.  Those  who  are  familiar  Mith 
the  financial  condition  and  financial  history 
of  California,  are  tolerably  well  advised  of  the 
fact  that  in  the  early  period  of  that  State, 
bonds  were  issued,  bearing  interest  at  the  rate 
of  three  per  cent,  a  month  :  there  was  a  time 
when  those  bonds  coult  not  be  sold  for  more 
than  fifty  cents  on  the  dollar ;  and  sir,  at  a 
later  period,  but  before  the  State  had  become 
assured  in  her  financial  policy  the  interest  on 
the  pul)lic  debt  had  become  an  enormous  bur- 
den. The  bonds  of  the  State  were  then  issued 
to  the  amount  of  $3,900,000,  covering  its  out- 
standing indebtedness,  and  bearing  a  rate  of 
interest  of  seven  per  cent.,  and  within  eighteen 
months  from  the  time  they  were  issued,  they 
were  worth  in  the  money  markets  of  the  United 
States,  and  were  selling  in  the  city  of  New 
York,  for  ninety-five  cents  on  the  dollar  ;  and 
sometime  afterwards,  about  the  commcmcement 
of  the  war  three  years  ago,  before  the  financial 
reverses  and  the  changes  in  the  currency  at  the 
East,  the  bonds  of  California  commanded  a  pre- 
mium in  the  city  of  New  York,  although  they 
bore  interest  only  at  seven  per  cent. 

Now,  if  we  were  to  proceed  solely  upon 
the  basis  of  the  taxable  property  which  we 
have  to-day,  and  upon  our  ri'sources  or  proba- 
ble revenues,  then  I  am  free  to  admit  that  ten, 
or  even  twenty  per  cent,  would  not  secure  the 
sale  of  these  bonds  for  their  face  value  ;  but 
we  do  not  act  upon  that  basis,  nor  anticipate 
any  such  result.  At  the  time  when  it  will  be 
incumbent  on  the  people,  through  their  Legis- 
lature, to  lend  aid  to  this  great  and  important 
work.  I  feel  confident  that  we  shall  have  such 
an  amount  of  taxable  i)roperty,  and  other  re- 
sources, of  a  character  to  insure  the  prompt 
payment  of  those  bonds,  as  they  shall  mature, 


218 


CORPORATIONS. 


[Ttli  clay-. 


Monday.] 


Banks — Johxsox. 


[July  11. 


and  pavment  of  the  interest  on  them  from 
year  to  vour  as  it  falls  due,  so  as  to  make  them 
equal  in"  the  market,  or  nearly  so.  to  their  face 
value.  Therefore,  as  the  propo.^i-d  increased  rate 
of  interest  can  be  of  no  .-ulistaiitial  l)enelit  to  any 
one.  e.veept  thii.se  intowiiosi-  hands  the  bonds 
ultimatflv  tall.  I  hope  that  no  such  increase 
will  Ik-  iilade.  It  would  be  givinj,'  an  additional 
ar;;umcnt  to  the  opponents  of  a  State  Govern- 
ment, which  we  can  now  deprive  them  of,  and 
at  the  same  time  we  shall  be  saviufj  to  our  ])eo- 
ple  the  l)urden  of  SiKt.ddO  a  year  of  interest. 
which  otherwise  they  will  have  to  bear  when 
the  l)onds  shall  be  issued.  It  would  be  of  no 
benelit.  no  possible  advantage  to  this  roailroad 
enterpri.se.  and  at  the  same  time  it  would  be  an 
unnecessary  hardship  on  the  tax-payers  of  the 
istate.  I  hiipe  the  rate  of  interest  will  be  i)c'r- 
mitied  to  remain  at  seven  per  cent,  as  in  the 
orifiinal  projiosition. 

The  (picsiion  was  taken  on  the  amendment 
offered  bv  .Mr.  \\'arwick,  and  it  was  not  agreed 
to. 

The  question  was  taken  on  the  motion  of  ]\Ir. 
Nourse.  to  strike  out  all  after  the  words  "  edu- 
cational or  charitable  purposes. "'  (being  the 
entire  proviso  relative  to  the  railroad),  and  it 
wa.s  not  agreed  to. 

No  further  amendment  being  offered,  the 
section,  as  amended,  was  adopted. 

MIXICII'AL   LOANS. 

Section  10  was  read,  as  follows  : — 
Sec.  10.  No  county,  city,  town,  or  other  mtinicipal 
cori)oratioii.  nball  l)c<-ome  a  stuckhoUler  in  any  joint- 1 
stock  louipauy,  corporation  or  association  whatever,  or  | 
loan  it«  credit  iu  aid  ol'  such  coiupauj",  corporation,  or 
association.  j 

Mr.  I5.VXKS.    I  move  to  amend  the  section 
by  adding  the  following  words — "  e.xeept  rail- 1 
road  corporations.'"     It  may  be  widl  enough  to  ' 
make    some    restrictions   >ipon   the   i)ower   of 
djunties.  cities,  and  towns,  in  the  way  of  their  j 
lending  their  credit,  though  I  very  much  doubt 
the  jtolicy.  and  more  esiiecially  do  I  doul)t  it' 
in  th<-.-e  matters,  so  far  as   railroads  are  con- 
concerned.     For  instance,  on  the  other  side  ol 
tlie  mountains  we  have  the  case  of  tlu'  railroad 
from  .*^an  Francisco  to  San  .lose,  which  I  think  ; 
would  not  have  been  liuilt  up  to  this  time,  and 
Iirol)ably  not  for  many  years  to  come,  without' 
the  aid  of  the  counties  through  which  it  passes. ' 
It  is  a  work    of  very  great   imp(Utance  to  those 
counties,  and   that   is  one  case  among   nniny 
which  might  lie  meulioned   where  aid  of  this 
kind    slicMild    be    |)erniitted    to   be   rendered. ' 
There   was   very  stn-nuous  oppositi<ui   to   the 
passage  of  the  Acts  of  the  Legislature  by  which 
that   aiil    was  secureil  ;  but   now,   after  a  verv 
fair  and  thorough  experience  in  tiial  jiarticular, 
I  think  it  would  lie  ditlicull   to   lind   a   man   in 
tiiose  counties  which   aided   the  railroad,  who ' 
would  seriously  (pu'slioii   the  ludpriety  of  giv-| 
ing  that  aid.    I  refer  to  this  case  only  because  it 
happen-  to  l)e  a  matter  wiiliiu  my  own  knowl- 
edge and  experience.  I  believe  it  would  be  bad  ' 
policy  in  our  State  to  place  any  restrictions ' 


upon  towns  or  counties  in  that  particular.  It 
often  hai)i)ens  that  a  town  or  county  is  deeply 
interested  in  some  railroad  within  its  borders, 
and  it  is  not  unfrecpientjy  th(>  case  that  an  en- 
terprise of  this  magnitude  cannot  be  entered 
upon  with  success  by  individuals,  because  it 
umy  be  impossible  to  get  capitalists  to  aid  it  in 
the  way  of  private  investments.  It  may  be  an 
undertaking  in  which  everybody  feels  a  deep 
interest,  and  in  which  everyliody  would  be  wil- 
ling to  invest,  jirovided  everybody  else  would 
come  to  its  aid  iu  jjioportion  to  their  means  ;  but 
still,  upon  tile  jirinciple  that  what  is  every- 
body's business  is  nobody's  business,  men  do 
not  come  forward  to  snl)scribe,  and  so  the  en- 
terprise languishes.  1  think,  in  such  a  case,  the 
l)eo])le  should  have  the  privilege  of  deciding,  as 
they  have  done  very  properly  and  successfully 
in  the  State  of  California,  in  many  instances, 
whether  they  will  generally  and  unitedly  go 
into  it,  and  by  a  system  of  taxation,  imposing 
the  burden  equally  upon  all,  secure  the  con- 
struction of  a  work  which  is  going,  to  benefit 
every  person  in  the  comnuuiity. 

In  connection  with  one  of  those  railroad 
enterprises  in  California  which  have  been 
carried  through  successfully,  I  remember  a 
circumstance,  which  I  will  mention  as  an 
illustration  of  this  truth,  I  was  one  of  those 
who  vi'ry  earnestly  supported  the  issuing  of 
the  bonds  of  San  Francisco  iu  aid  of  that  road. 
It  so  ha])pene(l  that  many  of  my  friends  began 
to  cherish  feelings  of  hostility  towards  me,  on 
that  account.  They  wrote  me  letters,  they  tel- 
egraphed to  me,  and  they  did  all  they  could  to 
induce  me  to  change  luy  course.  However,  I 
voted  and  labored  for  the  measure,  and  when  I 
went  home,  some  of  those  friends  would  scarce- 
ly s])eak  to  me.  They  thought  I  ha<l  done  a 
monstrous  act,  and  would  scarcely  exchange  a 
word  with  me  when  we  met  in  the  street,  lint,  as 
luck  would  have  it,  they  all  owned  more  or 
less  of  property  along  the  line  of  that  road, 
and  in  less  than  six  months  time,  the}'  were 
benefited  by  the  increase  in  the  value  of  that 
])roi)erty  to  the  extent  of  nearly  one-fourth  of 
the  entire  amount  of  the  bonds  issued  by  the 
county.  Now,  I  do  not  know  that  many  in- 
stances of  that  kind  would  be  likely  to  occur 
here,  but  I  do  know  that  no  work  of  that  kind 
can  be  constructed  in  a  county  without  benefit- 
ing some  of  (he  citizens  of  that  county  to  a 
very  great  extent,  and  all.  to  a  greater  or  less 
degree.  All  I  ask  is.  that  the  jieople.  in  such 
cases,  shall  have  the  right  of  deciding  the  (pies- 
tiou  for  themselves,  and  1  hope  the  amendment 
will  be  adopted. 

-Mr.  .roiINSOX.  I  suggest  that  the  gentle- 
man modily  his  amendment  so  as  to  read,  "'ex- 
cept railroad  corporations,  companies,  or  asso- 
ciations." 

Mr.  I5ANK.S,     I  accept  the  amendment. 

The  (piestiou  was  taken  on  the  adoption  of 
the  amendment  as  modified,  and  it  was  adopted. 
_  No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 


7 til  day.] 


FINANCE  AND  STATE  DEBT. 


219 


Monday,] 


DeLoxg — HovEY — Johnson — Klnkead— Frizell. 


[July  11. 


fixjlNCE  and  state  beht. 

The  Committee  of  the  Whole  next  proceeded 
to  the  consideration  of  Article  IX,  entitled 
Finance  and  State  Debt. 

the  fiscal  tear. 

Section  1  was  read,  as  follows  : — 

Section  1.  The  fiscal  year  shaU  commence  January 
1st. 

No  amendment  being  offered  the  section  was 
adopted. 

Section  2  was  read. 

Jlr.  L)eLON(J.  I  move  to  amend  Section 
1,  bv  striking  out  '•  January,"  and  inserting 
'•  May." 

The  CHAIRM.A.N.  That  section  having  been 
adopted,  it  will  be  necessary  to  reconsider  the 
vote. 

Mr.  DeLONG.  I  will  make  that  motion,  then. 
I  think  May  1st  is  the  best  time  to  commence 
the  fiscal  year.  January  1st  is  about  the  most 
impracticable  time  in  the  year. 

Mr.  HOVEY.  This  fi.xes  the  fiscal  year  for  the 
revenue  department,  and  it  may,  perhaps,  be 
deemed  desirable  by  the  Legislature  to  change 
the  time  hereafter,  as  it  has  been  changed 
within  the  last  year  from  March  to  May.  That 
change  was  made  by  the  last  Legislature. 

Mr.  JOHNSON.  I  will  second  the  amend- 
ment merely  that  we  may  hear  the  reasons 
given  why  the  time  should  be  changed  from 
the  first  of  January.  1  suppose  there  must  be 
some  reason  for  it.  The  Legislature  has  chang- 
ed the  time  from  March  to  May  ;  but  now  I  un- 
derstand it  is  suggested  by  the  gentleman  from 
Storey  (Mr.  DeLong)  that  January  is  an  incon- 
venient period  to  reach  the  State  Capital. 

Mr.  HOVEY.  There  are  other  reasons,  and 
I  think  that  our  Treasurer  would  be  able  to 
give  them  more  fully,  perhaps,  than  I  could. 
Certainly,  in  the  collection  of  our  revenues  it 
might  make  a  great  difference,  because  there 
are  certain  seasons  of  the  year  when  we  have 
twice  as  much  personal  property  in  our  Terri- 
tory as  we  have  at  other  seasons.  I  would  like 
to  hear  from  the  gentleman  from  Ormsby,  (Mr. 
Kinkead,)  who  has  paid  attention  to  this  ques- 
tion, and  should  In'  inclined  to  defer  to  his 
judgment  upon  it.  If  we  leave  it  to  the  Legis- 
lature, they  can  make  the  change,  if  necessary, 
but  as  the  section  now  stands,  we  fix  the  time 
irrevocably. 

Mr.  KINKEAD.  Under  the  existing  revenue 
laws,  I  think  it  would  be  better  to  have  the 
fiscal  year  commence  at  a  later  period  in  the 
year — nay  the  first  of  May,  or  even  July.  The 
great  bulk  of  the  revenue  is  now  collected 
during  January  and  February,  and  it  would  be 
satisfactory  to  the  Legislature,  perhaps,  to  have 
the  fiscal  year  commence  later  in  the  season, 
though  I  do  not  know  as  it  is  really  a  matter 
of  very  great  importance  at  what  particular 
date  the  fiscal  year  does  commence. 

Mr.  FRIZELL.  Probably  it  would  be  diffi- 
cult for  any  person  who  has  not  been  connected 


in  some  manner  with  the  collection  of  the  rev- 
enue, or  with  tlw  operation  of  the  revenue 
laws,  to  say  why  the  first  day  of  any  one  month 
in  the  year  should  not  be  as  good  as  any  other 
for  the  beginning  of  the  fiscal  year  ;  neverthe- 
less, the  remarks  made  by  niy  colleague,  (Mr. 
Hovey,)  that  there  is  a  vast  difference  in  differ- 
ent seasons  of  the  year,  in  the  amount  of  j)ro- 
perty  to  be  assess(;d  in  the  several  counties,  is 
undotibtedly  correct.  For  instance,  if  the  fiscal 
year  commences  on  the  first  day  of  January,  it 
will  be  obligatory  to  commence  assessing  dur- 
ing January,  and  the  law  will  give  the  a.ssessors 
only  eight  months  to  complete  the  work,  and 
deliver  over  the  assessment-rolls  to  the  County 
Auditors.  Then  if  the  assessment  is  made  dur- 
ing the  winter  months,  gentlemen  are  probably 
aware  that  the  amount  of  property  to  be  as- 
sessed would  not  amount  to  nearly  as  much  as 
it  would  during  other  months  in  the  year.  An- 
other thing  ;  if  we  commence  assessing  in  the 
month  of  January,  and  deliver  the  assessment- 
rolls  the  first  day  of  September,  taxes  will  be- 
come due  under  the  revenue  law.  about  the 
first  of  October,  and  consequently  will  require 
to  be  paid,  under  the  law,  in  October  and 
November.  Taking  into  consideration  the 
time  when  the  taxes  must  Vje  collected,  un- 
der the  law,  my  private  opinion  is — and  I  am 
pretty  jiositive  on  that  point,  from  having  been 
connected  with  the  revenue  department  for  the 
last  three  years — that  this  question  had  better 
be  left  to  the  Legislature  altogether. 

Mr.  JOHNSON.  I  confess  that  I  have  some 
dlflideuce  about  speaking  on  this  subject,  of 
which,  apparently,  others  must  have  more 
knowledge  than  I  possess.  Each  of  the  gen- 
tlemen who  have  addressed  the  Committee 
have  occupied,  and  do  now  occupy,  such  posi- 
tions, that  it  seems  as  if  they  must  understand 
the  matter  thoroughly.  But  I  take  as  my  text, 
if  you  choose  to  so  consider  it,  the  suggestion 
of  my  colleague,  the  Territorial  Treasurer,  (Mr. 
Kinkead.)  that  is  to  say,  that  the  laws  can 
readily  be  so  changed  as  to  assimilate  with  the 
fiscal  "year  as  established  in  the  Constitution. 
That  being  conceded,  unless  there  be  some  good 
reason  for  a  change,  I  hope  none  Avill  be  made. 
The  revenue  laws  of  the  Territory  should,  and 
undoubtedly  will,  under  this  Constitution  be 
continued,  until  they  are  changed  or  modified  by 
the  State  Legislature,  and  I  do  not  now  see  any 
reason  v.-hy  we  cannot  as  well  fix  the  fiscal  year 
here,  as  to"  leave  it  to  the  Legislature.  I  be- 
lieve it  is  usual  to  fix  the  beginning  of  the 
fiscal  year  on  the  first  day  of  the  year,  and  I 
do  not  now  rememl)er  any  exception  to  the 
rule  that  the  beginning  of  the  fiscal  year  is 
fixed  in  the  Constitution.  In  the  State  of  Cali- 
fornia the  fiscal  year  is  prescribed  as  com- 
mencing on  the  first  day  of  Jnly,  and  I  can 
speak  with  some  degree  of  personal  knowl- 
edge of  the  difficulties  which  we  havi'  had  to  en- 
counter in  that  Slate,  on  account  of  that  pro- 
vision. I  refer  to  the  assembling  of  the  Legis- 
lature, and  to  the  out-going  and  iu-coming  of 


220 


FINANCE  AND  STATE  DEBT. 


[7th  day-. 


Monday,] 


DeLoxg— JoHxsox— Frizeli. — COIXIKS. 


[July  11. 


the  officers  of  the  State  Government,  which 
takes  plaie  about  the  first  of  .January.  Now. 
what  is  the  etteut  of  a  jirovision  like  this?  Fre- 
quently tlie  Kxecutives  of  that  State  have  heen 
umler'the  necessity  of  aniicipatin.L:  the  tinu- 
when  tlie  t'ounty  treasurers  are  required  by  ■ 
law  to  make  the'ir  srttU-nients.  and  to  reijuire  i 
them  to  make  them  two  or  three  months  in  ad-  j 
vanee,  in  order  that  members  ot  the  Le^risla- 1 
tnre  niijiht  be  able  to  receive  their  mileage,  i 
othi-rwise  tliey  would  have  been  witliout  a  ; 
dollar  witii  which  to  jtay  their  lioanl  bills.        ] 

Mr.  1)kL()N(;.  They  'were  often  without  a 
dollar,  as  it  was. 

Mr.  .JOIIN.SON.  AVell.  doubtless,  that  was  so. 
but  that  was  probably  the  fault  of  the  legisla- 
tors themselves,  rather  than  of  the  fiscal  year. 
Now.  these  revenue  laws  can  be  made  to  assim- 
ilate to  the  fiscal  year's  commencing  on  the 
first  of  January,  as  well  as  if  it  began  on 
the  first  of  July",  and.  I  think,  even  better.  It 
occurs  to  me  that  there  is  ample  time  and  op- 
])ortunity  to  arrange  that  matter.  Then  it  may 
be  provided  tliat  the  ta.\es  shall  be  assessed 
duriufr  that  period  of  the  year  when,  ordinari- 
ly, tlie  greatest  amount  of  taxal)le  property  is  to 
be  found— that  is  to  say.  the  autumn  months  — 
and  so  the  asses.sors  woulil  be  enabled  to  secure 
the  taxes  upon  that  kiml  of  jjroperty,  to  wit, 
personal  property.  There  would  still  be  am- 
ple tinu-  to  have  the  a-sessment-rolls  exam- 
ined and  corrected,  and  placed  in  the  hands  of 
tiic  collectors,  so  that  the  great  mass  of  the 
taxes  would  l»e  collected  liefore  the  first  day  of 
January.  1  think  my  colleague  (Mr.  Kinkead) 
will  agree  with  me  in  that  respect.  Another 
argument  which  I  think  deserves  some  consid- 
eration is.  that  it  would  rather  facilitate  the 
collection  of  the  taxes.  I  can  see  many  good 
rea.soiis  why  the  section  should  not  be  changed, 
but  should  rather  be  left  as  it  is  now,  commenc- 
ing the  fiscal  year  on  the  first  day  of  January. 
Then  when  we  come  to  adjust  the  accounts 
at  the  out  going  of  one  administration,  and 
the  iii-c(uning  ot'auother,  we  can  see  how  those 
accouui.s  stand.  When  the  fiscal  year  is  coeval 
with  the  life  of  the  administration  -with  its  ten- 
ure of  oflice  we  can  more  easily  approxi- 
mate to  the  receipts  and  exjienditures  of  each 
administration  ;  while,  it  you  carry  the  fiscal 
year  along  from  one  a(lministrati(Ui  two  or 
three  iiioiiihs  into  the  next,  you  necessarily  get 
the  accounts  of  their  respecti\e  receii)ls  and 
expenditures  somewhat  confused  and  mixi'd.so 
that  the  people  cannot  determine  as  to  the  state 
of  the  a<-counts  and  the  relative  economy  ex- 
hibited l)y  liie  resjiective  administrations.  The 
accounts  Itecfime  so  confused  that  it  is  impossi- 
ble for  one  of  ordinary  experience  to  compre- 
heinj  and  illustrate  the  \arious  itnpiiiies  which 
may  1)1'  jtropounded  in  that  connection. 

the  ('|l.\IirM.\N  stateil  that  the  (piesticm  was 
upon  the  motion  to  reconsider  the  vote  by 
wiiich  .^eclion  1  was  adopted, 

Mr.  V\ll/A-AAj.  I  hope  the  vote  will  be  re- 
Cou.sidered,  for  the  reason  that  if  the  fucal  year 


commences  on  the  first  day  of  January,  gentle- 
men will  see  that  the  collection  of  taxes  will 
necessarily  fall  within  the  months  of  October 
and  November.  Now  we  have  all  lived  in  Cal- 
ifornia as  well  as  in  this  Territory,  some  a 
greater  and  some  a  less  amount  of  time — I  have 
for  the  last  twelve  years — and  we  know  that 
that  is  a  time  of  the  year  when  we  are  called 
upon  for  miuiey  more  than  any  other.  We  are 
tlien  laying  in  our  winter  supplies,  either  as  in- 
(li\iduals  or  as  merchants,  tradi'rs,  or  miners. 
Tlierelui'e.  if  the  section  is  reconsidered,  1  hope 
it  may  l)e  amended  by  inserting  the  word  May, 
instead  of  January.  Then  the  collections  will 
come  in  January  and  February,  and  we  shall 
have  time  enough  to  recuperate  after  our 
necessary  expenses  in  the  f;ill.  We  shall  be  en- 
abled to  get  together  money  enough  to  pay  our 
taxes. 

The  question  was  taken  upon  the  motion  to 
reconsider,  and  upon  a  division,  it  was  not 
agreed  to — ayes,  9  ;  noes,  11.    > 

Section  2  was  again  read,  as  follows  : — 

Sec.  2,  The  Legislature  shall  provide  for  an  annual 
tax  snfficieut  to  defray  the  estimated  expenses  of  the 
State  for  each  fiscal  year  ;  aad  wlienever  the  expeuses 
of  ai)y  year  shall  exceed  the  income,  the  Legislature 
shall  provide  for  levying  a  tax  sufiieient  with  other 
sources  of  income,  to  pay  the  deticienc}',  as  well  as  the 
estimated  expeuses  of  such  ensuing  year  or  two  years. 

No  amendment  being  offered,  the  section  was 
adopted. 

LIlirrATIOX    01''    INDEBTEDNESS. 

Section  three  was  read  as  follows  : — 

Sec.  ;j.  For  the  purpose  of  enabling  the  State  to 
transact  its  business  upon  a  cash  basis,  from  its  organ- 
ization, or  for  the  purijose  of  defraying  extraordinary 
expeuses,  the  State  may  contract  puljlic  deljts  ;  but 
such  debts  shall  never  in  the  aggregate,  exclusive  of 
interest,  exceed  the  sum  of  three  hundred  thousand 
dollars  ;  provided,  that  the  further  amount  of  indebt- 
edness authorized  by  Article  VIII,  of  this  Constitu- 
tion, shall  be  deemed  legal  and  valid  whenever  said 
debt  shall  be  incurred  in  accordance  with  the  i^rovis- 
ions  therein  expressed  ;  and  said  debts  shall  be  separ- 
ate and  independent  of  the  State  debt  herein  provided 
for.  Every  such  debt  shall  be  authorized  by  law  for 
some  imrpose  or  purposes,  to  be  distinctly  sijecified 
therein,  and  every  such  law  shall  provide  for  levjing 
an  annual  tax  sufiieient  to  pay  the  interest  semi-annu- 
ally, and  the  principal  within  twenty  years  from  the 
passage  of  such  law,  and  shall  specially  api)ropriate 
the  proceeds  of  said  taxes  to  the  payment  of  said  prin- 
cipal and  interest  ;  and  such  api)ropriation  shall  not 
be  repealed,  uor  the  taxes  bei)osti)oned  or  diminished, 
until  the  principal  and  interest  of  said  debts  shall  have 
been  wholly  jjaid.  Every  contract  of  indeljtedness 
entered  into  or  assumed  l)y  or  on  behalf  of  the  State, 
when  all  its  debts  and  liabilities  amount  to  said  sum 
before-mentioned,  shall  b<;  void  and  of  no  efl'ect,  ex- 
cept in  cases  of  money  borrowed  to  repel  invasion, 
«upi)ress  insurrection,  defend  the  State  in  time  of  war, 
or  if  hostilities  be  threatened,  i>rovide  for  the  public 
defense, 

Mr.  DeLONG.  I  would  like  to  ask  what 
would  Ije  the  consecpu-nce  if  the  Slate  d(d)t 
amounted  to  three  humlred  thousand  dollars  at 
the  time  of  an  invasion  or  insurrection?  Could 
the  State  then  raisin  money  in  order  to  repel 
such  invasion,  or  put  down  such  insurrection, 
nutwilhslanding  this  section? 

Mr.  COLI.INS.     1  think  so. 


rth  day.] 


FINANCE  AND  STATE. 


221 


Monday,] 


DeLong — Johnson — Warwick. 


[July  11. 


Mr.  DkLONG.  Let  us  look  at  it  and  see 
what  must  be  the  construction.  It  says  :  "  hut 
such  debts  shall  never  iu  the  aggregate,  exclu- 
sive of  interest,  exceed  the  sum  of  three  hun- 
dred thousand  dollars  ;  provided  " — and  here 
follows  the  railroad  arrangement,  which  saj's. 
that  that  three  millions  loan  may  be  made,  and 
that  it  shall  not  be  considered  a  part  of  this 
aggregate  indebtedness  of  the  State.  I  think 
we  shall  have  to  amend  this  first  part  of  the 
section  by  incorporating  the  words.  "  except 
for  public  defense  ;"  or  we  may  say,  "  except 
as  hereinafter  provided."  That  would  remove 
any  doubt  of  the  legality  of  a  loan  negotiated 
by  the  State  in  a  case  of  invasion  or  insurrec- 
tion, though  its  debt  might  have  already 
reached  the  limit  of  three  hundred  thousand 
dollars. 

Mr.  JOHNSON.  I  suggest  whether  the  trans- 
position of  some  of  the  language  preceding  the 
proviso  would  not  reach  the  difficulty,  better 
than  to  insert  the  words  the  gentleman  sug- 
gests after  the  words,  •'  three  hundred  thousand 
dollars." 

Mr.  DeLONG.  No,  sir  ;  I  think  it  would  read 
better  as  I  have  proposed  it.  at  the  end,  after 
"  three  hundred  thousand  dollars." 

Mr.  JOHNSON.  Then  you  want  to  strike 
out  the  words,  "  or  for  the  purpose  of  defray- 
ing extraordinary  expenses.'-  and  let  the  words 
'■  except  for  the  purpose  of  defraying  extraordi- 
nary expenses,  as  hereinaiter  mentioned,"  fol- 
low the  words,  "  three  hundred  thousan<l  dol- 
lars." 

Mr.  DkT.ONG.  I  think  we  had  better  include 
the  next  section,  and  let  it  read,  "  except  for 
the  purpose  of  defraying  extraordinary  ex- 
penses, as  mentioned  in  this  and  the  following- 
section." 

Mr.  JOHNSON.  The  word  "hereinafter" 
will  include  that. 

Mr.  DeLONG.  Very  well  ;  that  will  do.  My 
idea  is,  that  capitalists  are  very  careful  when 
they  are  loaning  their  money,  and  when  you 
put  into  your  Constitution  a  provision  affecting 
the  legality  of  such  a  loan,  thej'  will  scrutinize 
it  very  closely  before  they  will  make  any  loan. 
Let  us  hear  the  section  read  as  it  will  stand 
with  the  amendment. 

The  Secretary  read  the  section  as  proposed 
to  be  amended,  as  follows  : — 

Sec.  3.  For  the  purpose  of  enabling  the  State  to 
transact  its  business  uijon  a  cash  basis  from  its  organ- 
ization, the  State  may  contract  XJubUc  debts  ;  but  such 
debts  shall  never  in  the  aggregate,  exclusive  of  inter- 
est, exceed  the  sum  of  three  hundred  thousand  dol- 
lars, except  for  the  purpose  of  defraying  extraordinary 
exiJcnses  as  hereinafter  mentioned  ;  pruridal,  that  the 
further  amount  of  indebtedness  authorized  by  Article 
VIII,  of  this  Constitution,  shaU  be  deemed  legal  and 
vaUd  whenever  said  debt  shall  be  incurred  in  accord- 
ance with  the  provisions  therein  expressed  ;  and  said 
debts  shall  be  separate  and  independent  of  the  State 
debt  herein  provided  for.  Every  such  debt  shall  be 
authorized  by  law  for  some  purpose  or  purposes,  to  be 
distinctly  specified  therein,  and  every  such  law  shaU 
provide  for  levying  an  annual  tax  sufficient  to  pay  the 
interest  semi-annually,  and  the  principal  within  twenty 
years  from  the  passage  of  such  law,  and  shall  s^Dec- 


ially  appropriate  the  proceeds  of  said  taxes  to  the  pay- 
m<!nt  of  said  principal  and  interest  ;  and  such  appro- 
priation shall  not  be  repealed,  nor  the  taxes  be 
postponed  or  diminished,  untO  the  principal  and  inter- 
est uf  said  debts  shall  have  been  wholly  paid.  Every 
contract  of  indebtedness  entered  into,  or  assumed  by 
or  on  behalf  of  the  State,  when  all  its  debts  and  liabil- 
ities amount  to  said  sum  before  mentioned,  shaU  be 
void  and  of  no  effect,  except  in  cases  of  money  bor- 
rowed to  repel  invasion,  suppress  insurrection,  defend 
the  State  iu  time  of  war,  or  if  hostilities  be  thi-catcned, 
provide  for  the  public  defense. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendnuMits  being  offered,  the 
section,  as  amended,  was  adopted. 

ASSUMPTION    OF   MUNICri'AL    DEBTS. 

Section  4  was  read,  as  follows  : — 
Sec  i.  The  State  shall  never  assume  the  debts  of 
any  county,  town,  city,  or  other  cdriionition  whatever, 
unless  such  debts  have  been  created  to  n-pel  invasion, 
suppress  insurrection,  or  defend  the  State  in  time  of 
war. 

Mr.  JOHNSON.  I  think  an  additional  amend- 
ment is  necessary  here.  I  will  therefore  move 
to  amend  by  striking  out  the  words,  '•  defend 
the  State  in  time  of  war,"  and  inserting  iu  lieu 
of  them,  the  words,  "  or  provide  for  the  public 
defense." 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

STATE   SCRIP. 

Section  5  was  read,  as  follows  : — • 
Sec.  5.  No  scrip,  certificate,  or  other  evidence  of 
State  debt  whatsoever,  shall  be  issued,  for  the  payment 
of  which  there  are  no  funds  iu  the  treasury,  except  for 
such  debts  as  are  authorized  by  the  third  section  of 
this  article. 

i\rr.  WARWICK.  I  will  move  to  amend,  by 
striking  that  section  out  entirely.  I  will  give 
my  reasons  for  it.  There  was  a  provision  simi- 
lar to  this  among  the  laws  of  the  State  of  Cali- 
fornia, but  it  was  found  to  work  a  very  great 
hardship.  When  there  Avas  no  money  in  the 
treasury  it  was  impossible,  under  this  provis- 
ion, to  issue  any  certificate  or  acknowledgment 
of  the  indebtedness  of  the  State,  and  the  con- 
sequence was,  in  the  case  of  members  of  the 
Legislature  who  came  to  the  State  Capital  to 
serve  the  people,  that  although  the  indebted- 
ness was  incurred  by  the  State,  yet  not  being- 
able  to  receive  any  acknowledgment  of  that 
indebtedness,  thej^  M'erc  unable  to  negotiate 
it.  Although  the  debt  was  valid,  yet  hav- 
ing no  certificate  or  other  evidence  of  in- 
debtedness, the  individual  memliers  were  un- 
able to  raise  anything  upon  it,  and  it  was 
therefore  found  necessary,  at  the  last  session  of 
the  California  Legislature,  in  which  I  had  the 
honor  to  serve,  to  abrogate  that  provision. 
There  is  no  good  reason  why.  if  the  State  incurs 
indebtedness,  it  should  not  issue  the  acl\nowl- 
ment  to  the  creditor,  whether  the  money  to  pay 
j  it  be  in  the  treasury  or  not.  The  creditor 
should  at  least  have  some  acknowledgment  of 


222 


TAXATION. 


[7 til  da; 


Monday,] 


Hawijsy— Warwick— DeLoxg—Tozee— Banks. 


[July  11. 


the  indobtedness  of  the  State  in  bis  Imnds  or 
ill  liis  uofket.  If.  in  tlie  case  ot  a  private  uuli- 
vi.lual  an  indebtedness  has  accrued,  he  has  no 
h.-itaiion  in  -ivinjr  to  his  creditor  an  acknowl- 
i-d-Muent.  so  that  it  shall  stand  a<rauist  him  and 
be""'ne"otiable  in  the  market.  For  that  reason  it 
was  (feenied  necessary  and  expedient,  by  tlie 
•»^<finbU-(l  wisdom  .d' California,  to  abrogate  that 
provision  of  law.  I  know,  it  1  may  refer  to  my 
own  fxi)erience  in  this  connection,  that  tliat 
action  of  the  Legislature  had  a  very  healthy 
otfcct.  because  wlien  we  ha.l  no  warrants  for 
our  pav  we  could  not  negotiate  at  all.  but  witli 
the  warrants  in  our  hands,  we  could  go  into 
the  exeiiaiure  and  negotiate  readily. 

Mr.  IIAWLKV.  1  think  the  gentleman  mis- 
understands the  provision.  As  I  understand  it, 
it  onlv  provides  that  a  claim  which  is  not  au- 
thorized bv  the  third  section  of  this  article,  or 
c'l^ewiiere*  in  tlie  Constitution,  shall  not  be 
allowed,  or  scrip  shall  not  be  issued  tor  it.  If 
the  State  incurs  iadeVitedness  authorized  by 
this  third  section,  the  gentleman  cannot  sup- 
iiose  that  the  proper  authorities  will  hesitate 
Ibr  a  moment  to  issue  the  scrip  or  certificate  of 
actual  indebtedness.  IJut,  on  the  other  hand, 
if  anv  inilebtedne<s  is  contracted  by  the  State 
or  its"  agents,  outside  of  that  which  is  author- 
ized to  be  contracted  by  Section  A,  or  elsewhere 
in  the  Constitution,  even  if  the  scrip  were 
issued  it  could  not  be  paid.  I  was  about  to 
say  that  it  would  seem  to  be  hardly  worth 
while  to  make  this  ])rovision  at  all,  as  it  is 
merely  a  matter  id'  extra  precaution.  I  will 
merely  sav.  however,  that  it  would  be  useless 
to  issue  anv  evidence  of  such  indebtedness,  for 
it  would  have  no  force  or  effect,  as  it  could  not 
legally  be  collected  in  any  manner.  And  fur- 
thermore, if  such  a  case  should  ever  arise,  it  is 
entirelv  probable  that  the  onlyja^ans  of  ob- 
taining" iKivinent,  would  >^  by  special  legisla- 
tive action!  or  some  <?Triiilar  course.  I  think  the 
gentleman  from  Lander  labors  under  a  mi.sap- 
jireheuMon  as  to  the  effect  of  the  section.  I 
hope  hi-!  ami-ndmeiit  will  not  ])revail. 

Mr.  W.VUWICK.  1  will  endeavor  to  explain 
niv  view  of  the  nutter.  When  the  aggregate 
iiidebledness  of  tile  State  reaches  three  hundred 
tiiousanil  d(dlars.  then,  upon  the  convening  ol 
the  Legislature,  (to  make  a  practical  illustra- 
tion), the  Controller  would  be  bound  by  this 
jirovision  not  to  issue  any  evidence  of  indebt- 
edne-is  to  the  nuMnbers  lA'  the  Legislature.  I 
am  only  guided  in  this  matter  by  the  light  of 
experience  -1  belii've.  in  fact,  that  the  gentle- 
man now  occui)ying  the  Chair  (Mr.  Fitch)  has 
had  similar  exjierience  as  a  memlier  of  the  Leg- 
islature of  California. 

Tiie  CIFAIUM.\N.  The  present  occupant  of 
tin-  Cliair.  bi'ing  a  capitalist,  never  had  any 
oi-easion  to  negotiate,     [Laughter.] 

Mr.  WAUWICK.     I  stand  corrected. 

Mr.  DkLONC  [in  his  seat.]  And  awfully 
astoni-hed !     [Laughter.] 

.Mr.  WAUWICK.  The  Chainuan's  present 
statement  does  not  tally  exactly  with  something 


he  once  told  me  in  that  connection,  which,  how- 
ever, I  will  not  repeat  here.  I  say  that  under 
this  provision  the  Controller  is  not  authorized 
to  issue  his  warrant  for  the  indebtedness  ;  so 
the  consequence  is.  that  every  member  of  the 
Lt'gishiture,  especiaMy  those  coming  from  a  dis- 
t:ui"t  part  of  the  State,  finds  himself,  as  our 
chairman  said  on  a  former  occasion,  in  a  state 
of  imi)ecuniosity. 

Mr.  DkLONCJ.  0,  they  can  get  the  Sergeant- 
at-Arms'  scrip. 

Mr,  WARWICK.  But  that  is  not  like  the 
Controller's  warrants.  I  think  I  am  not  mis- 
taken about  this  matter,  and  I  think  my  other 
able  associate  in  the  California  Legislature,  the 
other  gentleman  from  Storey  County,  (Mr,  De- 
Long.)  will  bear  witness  that  in  more  than  one 
instance  he  has  been  conii)elled  to  negotiate. 

The  question  was  taken  upon  the  amendment 
offered  by  Mr,  Warwick,  to  strikeout  the  whole 
section,  and  upon  a  division  it  was  agreed  to — 
ayes,  16  ;  noes,  ti. 

TAXATION. 

The  Committee  of  the  Whole  next  proceeded 
to  the  consideration  of  Article  VII,  entitled 
Taxation. 

Section  1  was  read,  as  follows  : — ■ 

Section  1.  The  Legislature  shall  provide  by  law  for 
a  imitorm  and  equal  rate  of  assessment  and  taxation, 
and  shall  iirescribe  such  regulations  as  shall  secure  a 
just  valuation  lor  taxation  of  all  projierty,  both  real 
and  personal,  including  mines  and  mining  jjrnperty  ; 
excepting  such  property  only  as  may  be  exempted  by 
law  lor  municiijal,  educational,  literary,  scientitic,  re- 
ligious, or  charitable  puriDoses. 

^Ir.  TOZER.  I  move  to  amend  the  section, 
by  striking  out  all  after  the  words,  "  both  real 
and  personal.' ' 

Mr,  DeLONG.  I  move  to  amend,  by  striking 
out  only  the  words  "  including  mines  and  min- 
ing ])roperty.'' 

Mr.  TOZHR.     I  accept  that  amendment. 

Mr.  BANKS.  I  propose,  as  an  amendment  to 
the  section,  to  insert,  instead  of  the  words  pro- 
posed to  be  stricken  out  by  the  gentleman  from 
Storey,  the  words,  "  provided,  that  in  the  taxa- 
tion of  mines,  the  proceeds  only  shall  be 
taxed."  Let  those  words  be  inserted  at  the 
end,  so  that  the  section  will  read  thus  : — 

Section  1.  The  Legislature  shall  provide  by  law  for 
a  uniform  and  equal  rate  of  assessment  and  taxation, 
and  shall  prescribe  such  regulations  as  shall  seciu'c  a 
just  valuation  for  taxation  of  all  proiierty,  both  real 
and  personal,  excepting  such  property  only  as  may  be 
exempted  by  law  for  municipal,  ediicatioual,  literary, 
si-ientific,  religious,  or  charitable  pui-poses  ;  provided, 
that  in  the  taxation  of  mines,  the  proceeds  only  shall 
be  taxed. 

Mr.  DeLONCt.  O,  strike  it  out  altogether, 
and  put  the  mines  on  a  footing  with  other  prop- 
erty :  that  is  the  best  way. 

Mr.  ILVWLLV,  I  wish  to  ask,  for  informa- 
tion, whetiier  tlie  amendment  offered  ))y  the 
gentleman  from  lIum))ol(lt  (Mr.  Baidvs)  is  a"  sub- 
stitute for  the  amendment  offered  by  the  gen- 
tleman from  Storey,  (Mr.  Tozer,)  as  modified 
by  the  other  gentleman  from  Storey,  (Mr.  De- 
L"ong.) 


7th  day.] 


TAXATION. 


223 


Monday,]  Johnson — Hawley— Banks— Collins^Hovey — DeLong — Haines. 


[July  11. 


Mr.  JOHNSON.  It  is  an  amendment  which 
proposes  to  add  to  the  section,  and  consequent- 
ly it  takes  precedence  of  a  motion  to  strike  out, 
although  it  is  to  be  regarded  as  an  amendment. 

Mr.  HAWLEY.  Does  the  Chair  understand 
that  that  amendment  is  properly  before  the 
Convention  ? 

The  CHAIRMAN.  The  Chair  understands 
that  the  amendment  of  the  gentleman  from 
Humboldt  (Mr.  Banks)  is  under  consideration. 

Mr.  HAWLEY.  I  wish  to  ask  a  question  of 
the  gentleman  from  Humboldt,  as  to  his  object 
in  offering  his  amendment.  I  wish  to  ask  him 
Avhether,  under  the  language  of  the  section 
Ijroviding  for  the  taxation  of  all  real  and  per- 
sonal property,  he  thinks  the  actual  value  of 
the  improvements  of  mines  are  to  be  considered 
as  legitimate  subjects  of  taxation  ?  For  in- 
stance, what  I  mean  by  the  actual  value  of  the 
improvements  is  the  amount  which  has  been 
expended  in  the  operations  connected  with  the 
opening  and  the  arrangement  of  mines,  like  the 
Gould  &  Curry,  for  example,  and  otlier  mines, 
to  such  an  extent  that  they  can  be  worked.  Is 
that  expenditure  to  be  reckoned  as  a  part  of 
the  improvements  ?  In  other  words,  is  the  ex- 
pense for  tunneling,  timbering,  chambering,  and 
all  the  other  works  of  a  first-class  mine,  to  be 
reckoned  as  a  portion  of  the  value  of  the  im- 
provements ?  I  wish  to  know  if  that  is  the 
view  which  the  gentleman  from  Humljoldt  en- 
tertains, and  if  I  am  satisfied  of  that—if  the 
amendment  covers  that  ground — I  will  not  oc- 
cupy the  time  of  the  Convention  with  any  ar- 
gument in  favor  of  it. 

Mr.  BANKS.  I  suppose  that  under  this 
amendment  the  mines  will  occupy  about  the 
same  position  here  that  they  do  in  California, 
and  the  improvements  thereon  will  be  taxed  as 
other  property.  My  further  answer  to  the  gen- 
tleman's inquiry  is  contained  in  the  language 
of  the  amendment,  that  "  the  proceeds  only 
shall  be  taxed."' 

Mr.  COLLINS.     Gross,  or  net  ? 

Mr.  BANKS.  That  question  of  gross  and  net 
I  propose  to  leave  to  the  Legislature,  and  for 
the  reason  that  gross  proceeds  do  not  continue 
for  any  considerable  length  of  time  after  it  is 
found  that  net  proceeds  do  not  exist. 

Mr.  COLLINS.  How  are  you  going  to  get  at 
the  gross  proceeds,  when  the  Gould  &  Curry 
declares  over  two  hundred  and  fifty  thousand 
dollars  in  dividends,  and  returns  its  gross  pro- 
ceeds at  only  seven  hundred  and  fifty  thousand 
dollars  ?     How  is  that  to  be  determined  ? 

Mr.  HOVEY.  I  think  the  gentleman  is  mis- 
taken. I  think  it  has  been  a  little  over  four 
millions  for  the  last  year. 

Mr.  DeLONG.  I  suggest  to  the  gentleman 
from  Humboldt  to  incorporate  the  word  "  net  " 
in  his  amendment. 

Mr.  BANKS.  I  prefer  not  to  incorporate 
that  word,  if  it  can  be  avoided,  for  the  reason 
that  I  wish  to  leave  the  question,  which  is  a 
difficult  one,  to  the  Legislature. 

Mr.  DeLONG.    It  will  be  an  unending  source 


pf  wrangling.  If  this  amendment  is  adopted 
in  that  form,  each  succeeding  Legislature  that 
meets  will  be  divided  in  o])inion  on  this  sub- 
ject. Every  miner  in  tlie  Legislature  will  in- 
sist that  the  Constitution  intended  '■  net  pro- 
ceeds," and  every  "  cow-county  '"  representa- 
tive will  contend  that  the  Constitution  meant 
"  gross  proceeds,'-  and  the  (piestion  never  can 
be  satisfactorily  settled.  I  thiidv  we  ought  not 
to  shrink  from  our  responsibilities,  and  leave 
them  for  others  to  assume,  who  must  of  neces- 
sity be  powerless  to  settle  such  questions  defi- 
nitely. If  this  matter  is  carried  into  the  Legis- 
lature, the  discussion  will  be  continued  from 
year  to  year,  and  no  good  can  grow  out  of  it. 
Now  let  us  come  squarely  up  to  our  work.  If 
we  want  to  tax  gross  proceeds,  let  us  say  "  gross 
proceeds,"  and  if  we  want  to  tax  net  proceeds, 
let  us  say  '•  net  proceeds."  If  gross  proceeds 
win,  let  gross  proceeds  have  it ;  if  net  proceeds 
win,  let  net  proceeds  have  it.  There  are  hun- 
dreds of  mines,  the  gross  proceeds  of  which  do 
not  pay  the  expense  of  working  the  mines. 
That  is  the  experience  of  any  man  here  who 
has  had  any  experience  in  the  mines,  and  if 
you  tax  the  gross  proceeds  of  those  mines,  or 
even  leave  it  a  question  of  doubt  whether  or 
not  they  are  to  be  taxed,  so  that  their  owners 
will  fear  that  result,  the  people  will  bury  your 
Constitution  out  of  sight.  You  may  as  Veil 
tear  this  instrument  up  and  go  home,  as  to 
dodge  this  question,  and  submit  the  Constitu- 
tion to  the  people  in  that  shape.  Now,  I  rep- 
resent a  mining  constituency,  and  others  here 
repi'esent  agricultural  constituencies.  I  say, 
let  us  fight  this  thing  out  fairly  ;  and  if  we  do 
not  succeed  in  fighting  it  out  here,  then  let  us 
go  home  and  fight  it  out  there.  I  move  to 
amend  by  inserting  the  word  "net"  before  the 
word  "  proceeds,"  in  the  amendment  of  the 
gentleman  from  Humboldt. 

Mr.  BANKS.  I  would  i)refer  very  much  in- 
deed to  have  that  question  left  to  the  decision 
of  the  Legislature. 

The  CHAIRMAN.  The  Chair  will  be  com- 
pelled to  decide  that  the  amendment  of  the 
gentleman  from  Storey  (Mr.  DeLong)  is  not  in 
order,  as  it  is  an  amendment  in  the  third  de- 
ore  e 

Mr.  DeLONG.  Well,  let  it  come  in  by  gen- 
eral consent,  overlooking  the  j'oint  of  order, 
I  will  ask  a  suspension  of  the  rules,  in  order 
that  I  may  offer  that  amendment. 

The  CHAIRMAN.  That  motion  would  not 
be  in  order. 

Mr.  HAINES.  I  had  the  honor  of  occupying 
a  seat  in  the  previous  Cimveution,  in  which 
this  subject  was  discussed  tor  six  or  seven  days, 
and  we  then  put  in  this  provision  as  it  now 
stands,  in  a  form  which  seemed  then,  at  least, 
to  be  generally  satisfactory.  Now,  I  find  mem- 
bers here  from  Storey  County,  who  apparently 
feci  called  upon  to  give  us  four  or  five  hours 
more  of  discussion,  upon  a  subject  which  we 
have  already  discussed  until  it  has  become  ab- 
solutely a  stench  in  the  nostrils  of  the  people. 


224 


TAXATION. 


[7th  da}' 


Monaay,]        DeLoxg  -Haines— NoiRSE—STrKTEVAXT-FuiZELL— Banks— Folsom.        [July  11. 


Now.  I  assure  gentlemen  that  one  thing  is  cer- 
tain—that  unU'ss  our  taxes  can  be  made  uni- 
form and  eciual.  we  never  can  have  a  State 
Civi-rnnient  in  Nevada.  That  (juestion  may 
as  \v»-!l  be  settled  at  once.  11"  our  mining  prop- 
iTtv  has  got  to  go  untaxed,  for  the  benefit 
of  the  tV'W.  llien  you  never  can  have  a  State 
Government. 

Mr.  I>kL(  ING.  I  desire  to  ask  the  gentleman 
a  ((Ui'stion.  l>ecause  I  want  to  see  ■whether  we 
can  auree  or  not.  and.  if  possiljle,  come  to  a 
conclusion  on  this  question.  Would  the  gen- 
tlcnr.m  vote  for  leaving  out  all  reference  to  the 
mines? 

.Mr.  IIAINE-S.  The  gentleman  from  Ormsby, 
our  Trcsident.  has  a  substitute  which  will  satisfy 
nu'.  There  is  no  use  of  debuting  this  question. 
We  have  some  iutlnence  in  this  Territory,  and 
1  tell  von  plainly  that  my  constituents  never 
will  consent  to  be  taxed  for  a  State  Govern- 
ment, unless  the  tax  shall  be  made  uniform 
and  ecjual.  Your  proposition  to  tax  the  net 
].roceeds.  if  it  went  to  the  people,  would  never 
be  heard  of  again  on  eartli.  I  venture  to  say. 
if  we  were  to  adopt  such  a  provision,  that 
there  would  be  found  no  net  proceeds  of  the 
mines,  if  the  State  should  last  a  thousand  years. 
1  am  satisfied  that  my  constituents  will  never 
subn)it  to  anything  of  the  kind,  and  they  have 
discussed  the  subject  for  weeks  and  nuniths 
gone  bv. 

Mr.  DkLONG.  That  kind  of  talk  is  not  go- 
ing to  drive  me  at  all,  because  I  could,  if  I 
]jlease.  retort  Ity  saying  that  the  proceedings  of 
the  previous  Convention  to  which  tlie  gentle- 
man has  referred,  so  stunk  in  the  nostrils  of  the 
people  that  the  people  voted  its  action  down, 
and  very  harnu)nionsly  too,  there  being  hardly 
a  disseniing  voice. 

Mr.  NOl'RSE.  1  believe  the  gentleman  from 
Storey  proposes  to  amend,  by  providing  that 
mines  shall  be  taxed  only  on  their  net  jn'oceeds. 
Now.  if  he  will  aild  that  farni^,  and  sawmills, 
and  other  properly  shall  be  taxed  only  on  their 
net  i)roceeds,  there  will  be  some  degree  of  fair- 
ness in  his  proposition. 

.Mr.  DkLONG.    And  lawyers'  offices? 

Mr.  NOriJSE.  Yes;  and  lawyers'  offices. 
[Mi-rrimenl.] 

Mr.  STrirri-:V.\NT.  Now.  this  is  where  the 
railro.id  comes  in,  full  linlge.  [Laughter.]  I 
think  1  can  hear  the  whisth-  tooling  now.  And 
here  is  the  o])|jortnnity  for  gentlemen  to  show 
ihi'ir  gem-rosity.  If  they  have  any  generosity, 
the  genllemen  from  the  "cow  counties"'  would 
like  to  see  it  just  ab(Mit  this  time.     [Laughter.] 

The  -several  amendmenis  wiiich  liad  Iteen  of- 
fered wi're  again  read,  and  also  the  section  as 
it  would  read  when  amended  as  proposed. 

.Mr.  FIvlZKLL.  The  (pu'stion  arises  in  my 
own  mind,  if  in  the  taxation  of  the  miin-s  only 
the  proceeds  are  to  be  taxed,  whether  or  not 
tlial  will  inehnle  mining  pnipeity?  Tiie  Sn- 
jueme  Court  may  decide  liial  the  mines  inclmle 
the  iioisting  works  incr  the  mine  -  iiud  I  ))e- 
lieve  il  ha,s  already  been  so  decided  in  Califor- 


nia— that  if  yon  build  a  mill,  or  hoisting  works 
u])on    the  mine,  it  bi'conies  a  ]jart  of  the  mine. 

Mr.  DkLONG.  L'ntil  it  is  removed,  it  does 
not  recede  from  it. 

:\lr.  BANKS.  I  do  not  think  it  is  liable  to 
that  construction,  but.  at  all  events,  any  objec- 
tion on  that  score  can  be  avoided  by  a  veibal 
change,  which  I  will  propose  here,  namely,  to 
strike  out  the  word  '-mines"  from  the  proj)osed 
anu-ndnient,  so  as  to  read,  ''including  mining 
property  ;"  then  this  last  provision  will  cover 
the  ground,  and  I  think  that  will  satisfy  the 
Convention. 

i\rr.  FRIZELL.     It  will  satisfy  me. 

Mr.  15.VNKS.  I  will  move  that  amendment, 
or  make  it  a  part  of  my  amendment. 

:Mr.  DkLONG.  I  unilerstand  that  the  gentle- 
man proposes  now  to  offer  an  amendment  to 
the  language  occurring  in  the  middle  of  the 
section  :  is  that  in  order? 

The  CII.VIRMAN.  The  amendment  can  only 
be  altered  or  modified  if  no  objection  is  made. 

Mr.  DkL(  )N(;.  Well,  I  will  withdraw  my  ob- 
jecti(m.  [Laughter.] 

Mr.  BANKS.  I  do  not  propose,  Mr.  Chair- 
man, to  indulge  in  any  extensive  speech  on  this 
subject,  at  this  time,  nor  to  inflict  any  lengthy 
remarks  upon  this  Convention  in  regard  to  my 
amendment.  I  have  made  this  modification  of 
my  amendment,  suggested  by  the  gentleman 
from  Storej'  on  my  right,  (Mr.  Frizell.)  because 
it  seems  to  me  to  make  more  clear  what  I  in- 
tended to  express. 

Mr.  STURTEVWNT.  In  order  to  understand 
the  question  before  the  Convention,  I  would 
like  to  ask  a  question. 

Mr.  FOLSO.M.  I  believe  the  amendment  is 
in  such  a  shape  now,  that  it  proposes  to  ta.x 
mining  property  only.     Is  that  the  case? 

Mr.  BANKS.  Yes,  sir ;  as  other  property 
is  taxed. 

]\Ir.  FOLSO:\r.  Then  I  would  ask,  would  not 
mining  projjcrty  be  ta.xed  as  other  property  is 
taxed,  anj^  way,  under  a  general  law,  without 
any  necessity  for  a  provision  of  this  kind  ? 

Mr.  BANKS.  In  reply  to  that  I  wish  to  say, 
that  not  only  in  California,  but  in  this  Constitu- 
tion framed  by  the  former  Convention,  which 
we  have  adopted  as  our  basis,  there  has  always 
been  a  distinction  made  between  mines  and 
mining  property.  I  propose  to  preserve  that 
distinction,  because  1  consider  it  a  legitimate 
and  proper  distinction.  Mining  property  is 
considered  to  embrace  all  the  improvements  on 
mines,  and  that  is  included  with  and  taxed  as 
other  property  is  taxed.  .Mills,  hoisting  houses, 
and  all  the  oilier  iiroperty  connected  with  mining 
operations,  which  is  distinct  from  the  mine  it- 
self, have  been  taxed  as  mining  property,  but 
the  mines  themselves  have  never  been  ta.xed. 
That  is  a  distinction  which  I  consider  a  very 
reasonable  one,  and  it  has  been  kept  clearly  in 
view  by  these  words,  "  including  mines  and 
mining  jinqierty.''  If  the  memljers  of  the 
foiiner  Convention  had  not  clearly  recognized 
that  distinction  they  would  not  have  used  the 


7  th  day.] 


TAXATION. 


225 


Monday,] 


Hawlbt. 


[July  11. 


two  sets  of  words,  but  would  have  said  "  min-  ]  recent  law  of  Congress,  will  be  obtained  from 
ing  property  "  alone,  or  "  mines  "  alone.  So  ,  this  source.  There  will  be  really  no  more  diffi- 
much  upon  that  point.  I  culty  in  determining  the  proceeds  of  a  mine, 

Now,  I  claim  that  there  should  be  a  dis-  j  whether  net  or  gross,  and  certainly  not  in 
tinction  made,  in  regard  to  taxation,  between  ,  determining  the  gross  proceeds  of  a  min(i,  than 
the  two  classes  of  property — if  yon  can  'desig-  in  determining  what  amount  of  license  should 
nate  mines  as  property — for  this  reason  :  Prop- 1  be  levied  upon  a  merchant,  when  all  such 
erty,  as  found  in  real  estate — in  farms,  fences,  j  licenses  depend  upon  the  amount  of  monthly 
town  lots,  and  buildings— is  essentially  and  in- j  or  quarterly  sales.  Now  upon  the  same  prin- 
herently  different  from  that  kind  of  property  \  ciple,  and  in  something  like  the  same  mode, 
which  is  designated  under  the  head  of  mines,  j  the  monthly  or  quarterly  proceeds  of  mines 
Let  us  choose  an  illustration,  familiar  to  all,  of  ^  can  be  determined  with  facility, 
the  principle  I  have  advanced.  Suppose  that  Mr.  HAV>'LEY.  Mr.  Chairman  :  A  gentleman 
you,  Mr.  Chairman,  were  to  invest  ten  thousand  familiar  with  the  subject  which  is  about  to 
dollars  in  a  farm,  while  I  at  the  same  time  in-  agitate  this  Convention— for  I  conceive  that  this 
vest  ten  thousand  dollars  in  a  mine.  Now,  in  discussion  has  but  just  commenced — has  de- 
the  ordinary  course  of  a  legitimate  transaction,  clared  that  the  mines  are  the  "  nigger  "  of  this 
if  you  expend  ten  thousand  dollars  in  addition  i  coast ;  that  they  are  the  "  7ioli  me  tangere  ''  of 
to  the  amount  originally  paid,  your  farm  will  the  body  politic ;  that  they  cannot  be  touched, 
be  worth  twenty  thousand  dollars.  It  is  true,  I  whether  for  good  or  for  ill  ;  and  that  they  must 
the  proceeds  may  fail  for  one  or  two  years,  or   be  left  in   that  anomalous   position,  which,  in 


more,  but  still  j'our  property  retains  an  inhe- 
rent value,  at  which  it  may  be  appraised,  and 
of  which  it  cannot  be  divested  by  the  failure  of 
crops  for  one,  or  two,  or  even  more  years.  To 
be  sure  your  house  or  your  barns  may  be  burn- 
ed down,  or  your  fences  destroyed,  but  these  are 
things  which  may  be  guarded  against.  By 
means  of  insurance  they  or  their  value  may  be 
placed,  in  a  considerable  degree,  at  least,  be- 
yond the  reach  of  danger.  But  how  is  it  with 
my  mine  ?  If  the  same  rule  applied,  my  mine 
should  be  worth  twenty  thousand  dollars  also. 
But  we  find  that  the  rule  which  applies  in  your 


comparison  with  every  other  description  of 
property,  they  have  occupied  on  this  coast, 
ever  since  the  first  discovery  of  the  gold  fields 
of  California. 

Now,  sir,  while  this  statement  of  the  case 
may  seem  plausible  to  some,  I  conceive  that  it 
is  entitled  to  no  weight  in  this  Convention.  I 
conceive  that  our  duty  in  the  premises  lies  in 
the  determination  of  the  question,  whether  or 
not  that  element  of  our  country's  wealth,  which 
has  elevated  so  many  men  from  penniless  cir- 
cumstances to  princely  incomes,  shall  be  made 
to  pay  its  proper  share  towards  the  support  of 


case  does  not  operate  in  regard  to  my  mine,  i  that  Government  which  we  are  about  to  inaug- 


because  we  find  that  in  a  great  number,  if  not 
in  an  absolute  majority  of  instances  of  that 
kind,  the  expenditure  has  not  really  added  to 
the  value  of  the  property,  but,  on  the  contrary, 
has  demonstrated  the  fact  that  it  is  nearlv  if  not 


urate.  The  manner  in  which  the  public  lands 
have  hitherto  been  held  in  the  State  of  Califor- 
nia, and  in  which  they  are  still  held,  both  in 
California  and  Nevada — at  least  a  large  pro- 
portion,  not  only   of   the   ai'able,  but    other 


entirely  worthless.     Now,  sir,  I  claim  that  that  I  lands  in  this  Territory — has  been  such,  or  the 


shows  a  marked  difference  between  these  class- 
es of  property — a  difference  which  we  ought  to 
recognize.  One  kind  of  property  has  an  abso- 
lute, inherent  value,  while  the  other,  instead  of 
an  inherent  value,  has  only  the  chance  of  find- 
ing something  of  value,  to  constitute  its  valua- 
able  characteristic.  That  is  all  that  can  be 
claimed  of  any  undeveloped  mine  within  the 
borders  of  this  Territory.  It  has  no  value  ex- 
cept that  kind  of  value  which  is  connected  with  j  grant  is  questioned,  and  not  only  that  cabin 
a  lottery,  to  wit :  the  chance  of  obtaining  some-  which  has  cost  him  fifty  dollars  and  which  barely 
thing  of  value. 


tenure  of  the  occupants  of  these  lands  has  been 
and  is  such,  that,  as  a  general  thing,  the  occu- 
pant has  been  compelled,  whether  willing  or 
unwilling,  to  pay  his  taxes  upon  the  possessory 
right  of  occupation. 

The  emigrant  who  comes  into  our  valleys,  or 
settles  upon  our  hill-sides,  building  his  cabin 
worth  perhaps  fifty  dollars,  is  visited  by  the  As- 
sessor when  he  makes  his  round.  The  poor  emi- 


A  very  serious  objection  to  classing  these  two 
interests  together — the  mining  interest  and  the 


serves  to  shelter  him  and  his  family  from  the 
blasts  of  winter  is  taxed,  but  also  his  possess- 
ory right  to  the  few  acres  of  sterile  land  from 


other  property  interests— in  regard  to  securing   which  he  ekes  out  his  scanty  existence.     Now, 


a  revenue  from  them,  is  this  :  that  it  is  next  to 
impossible  to  place  anything  like  a  proper  val- 
ue upon  a  mine.  But  you  can  by  proper  legis- 
tion  secure  the  placing  upon  the  statute-books 
of  the  State  of  such  laws  as  will  enable  the 
State  to  obtain  from  the  proceeds  of  the  mines, 
gross  or  net,  as  the  Legislature  may  choose  to 
determine,  a  revenue  which  will  be  very  consid- 
erable in  amount.  I  do  not  suppose  that  there 
is  any  doubt  that  the  Federal  tax,  under  the 
0 


on  the  other  hand,  the  question  before  us  is, 
whether  or  not  the  mines,  those  lands  in  our 
Territory  which  have  raised  men  to  princely 
fortunes,  shall  be  taxed.  I  maintain  that  there 
is  no  justice  in  exempting  them  from  taxation. 
And  while  I  believe,  for  my  own  part,  that  any 
Court  of  competent  jurisdiction  would  set 
aside  a  judgment  assessing  a  ta.x  upon  a  mine, 
as  such,  still  I  believe  that  the  possessory 
right  to  that  mine,  and  the  advantages,  pecu- 


22G 


TAXATION. 


[7th  da}'. 


Monday.] 


DELoxa— Hawley — Fitch — Nocrse. 


[July  11. 


niary  and  otherwise,  which  that  right  gives  to 
the  iiossesst.r.  is  as  lejritiniately  a  !=nt)ject  of 
taxation  as  tlie  niisfiable  cabin  J  lia\  e  alluded 
to.  or  the  lew  barren  acres  held  and  tilled  by 
the  man  who  owns  and  occupies  it. 

Mr.  l)KL()N(i.  Will  the  {gentleman  allow  me 
to  ask  him  a  question  ?  Will  he  consent  to  the 
l)assage  of  this  section  after  striking  out  the 
words.  ••  including  mines  and  mining  prop- 
erty."' leaving  it  so  as  to  i)rovide  simply,  that 
aUjiroperty.  both  real  and  personal,  shall  be 
taxed '.'  I  desire  to  ascertain  whether  or  not 
we  can  come  together  and  agret'  upon  some- 
thini:  which  will  be  satisfactory  to  all. 

Mr.  11AWI.1-:Y.  1  will  say  in  reply  to  the 
gentleman,  notwithstanding  this  amendment 
now  before  the  Convention  is  still  jtersisted  in, 
that  while  the  proiiosition  he  now  makes  in 
some  degree  docs  away  with  the  objections 
which  1  have  felt  compelled  to  urge,  in  the 
]iosilion  which  I  occupy  as  a  rei)resentativo  of 
one  of  the  ••  cow  counties,"  although  I  nuist 
l»e  jiermitted  to  suggest  that  it  does  not  meet 
with  my  entire  approval,  yet  if  he,  as  he  is  the 
auihm-  of  this  amendment,  is  disjjosed  to  meet 
me  on  half  way  ground,  he  will  not  find  me 
backward.  Aiid  inasmuch  as  the  gentleman 
professes  to  be  willing  to  make  a  compromise, 
1  suggest  that  this  pending  amendment  be  tem- 
porarily withdrawn,  aiul  the  amendment  which 
he  wishes  to  offer  i)roposed  to  the  Convention. 

[Mr.  Wauwick  in  the  Chair.] 

Mr.  I)EL(JNtr.  I  suggest,  then,  that  we  vote 
down  the  amendment  proposed  by  the  gentle- 
man from  Humboldt.  (Mr.  Hanks),  iu  order  that 
we  may  get  this  amendmi-nt  in. 

Mr.  ilAWLKY.  I  do  not  know  that  we  can 
vote  it  down. 

Mr.  F1T(,'H.  I  desire  to  say  a  few  words  to 
the  Convention,  and  particularly  to  the  "  cow 
ccunty  '■  representatives,  ujjon  this  question. 
I  occiijiy.  in  this  respect,  somewhat  of  an  anom- 
alous jMisitinu.  1  represent  a  mining  constitu- 
ency, a  constituency,  a  majority  ot  wlnun  I 
believe  to  be  opposed  to  any  taxation  of  the 
mines,  and  yet  I  am  in  favor  of  mining  taxa- 
tion, and  such  has  been  my  position  froiu  the 
first.  I  have  pul)licly  advocated  that  policy, 
both  with  my  voice  and  jx'ti ;  and  although  my 
views  ha\('  been  jieili'i-tly  W(dl  known  on 
that  question,  yet  my  constituents  have  seen  fit 
to  send  me  here.  Like  the  gentleman  frotu 
Douglas,  I  can  sec  no  good  reason  why  the 
mines  shoiihl  be  exempted  from  bearing  a 
just  share  of  tlie  public  burdens.  1  cannot 
si'c  any  reason  why  mines  i)ossessing  a  definite 
market  value  should  not  jiay  for  the  support  of 
tin-  (ioveriunent,  just  the  stune  as  a  ranch  or 
any  (dher  species  (jf  j)roperty.  I  conceive, 
furthi-rmore,  that  tlie  greatest  expenses  of  our 
.•-^talc  (Jovernmeiit  will  be  incui-re(|  necessarily 
in  its  judicial  dcpartmi-nt.  and  a-<  the  time  of 
Courts  in  this  State  (as  I  hope  it  soon  will  be) 
will  be  occn]/ied,  to  a  very  great  extent,  in 
trying  mining  suits  ;  as  three-fourths  id'  the;  liti- 
gation of  the  State  will  be  on  the  subject  of 


mines  ;  as  the  expenses  of  the  Government  for 
the  protection  of  the  mining  interest  will  be 
greater  tlian  for  all  the  other  ])roi)erty  in  the 
State.  I  can  see  no  good  reason  why  the  mines 
should  not  bear  a  just  proportion  of  the  public 
expen.ses.  Yet,  on  the  other  hand,  I  really  can- 
not see  any  good  reason  why  the  mines  should  be 
taxed  upon  their  gross  proceeds,  because  if  you 
levy  a  tax  upon  the  gross  proceeds  indiscrimi- 
nately, yon  tax  ii  mine  from  which  it  costs 
nearly  its  full  value  to  extract  the  precious 
metais.  just  as  much  as  you  would  tax  one 
from  which  the  gold  and  silver  may  be  ex- 
tracted for  one-tenth  of  its  value.  I  believe 
that  the  only  proper  basis,  after  all,  is,  to  tax 
mines  upon  their  market  value.  If  a  mine  is 
worth  a  thousand  dollars  per  foot,  if  a  man 
owning  in  such  a  mine  can  take  that  amount 
for  it  in  the  market,  and  get  it  in  gold  coin 
any  time  he  pleases,  I  do  not  know  that  there 
is  any  good  reason  why  it  should  be  taxed  for 
any  less  amount  than  it  would  be  if  it  were 
a  ranch  worth  a  thousand  dollars  per  acre. 

Yet,  believing  this,  holding  these  views  of 
the  matter,  I  nevertheless  hope  that  my  friends 
from  the  "  cow  counties  "'  will  consider  the  pe- 
culiar circumstances  by  which  we  are  at  present 
surrounded.  It  must  be  remembered  that  we 
have  to  sul)mit  this  Constitution  to  the  people  ; 
to  a  people  imbued  with  strong  prejudices  ;  to 
a  people  whose  passions  may  be  aroused  very 
easily  on  the  subject  of  taxing  the  mines.  If 
we  provide  for  levying  an  indiscriminate  tax 
upon  mining  property,  men  will  go  before  the 
miners  throughout  the  Territory  and  tell  them 
that  our  C'onstitution  taxes  the  mines,  and  iiu- 
poses  tipon  them  a  burden  which  they  cannot 
bear,  and  which  will  be  destructive  to  their 
interests  ;  and  in  that  way  they  will  succeed  in 
defeating  the  Constitution.  Now  I  respectfully 
submit  to  my  friends  from  the  agricultural 
counties,  and  to  the  whole  Convention,  whether, 
if  you  strike  out  the  W'ords,  '•  including  mines 
and  mining  property,"  you  do  not  hjave  the 
provision  just  as  strong,  for  all  practical  pur- 
poses, as  in  the  shape  in  which  it  now  stands. 
It  says  : — 

"  Tlie  Logislatiire  shall  provide  by  law  for  a  uniform 
and  equal  rate  of  assessiiirut  and  taxation,  and  shall 
pri'Scrilie  sueli  remilati'ins  as  sliall  secure  a  just  valu- 
ation for  taxation  of  all  pruperty. " 

Why  not  let  it  stop  there?  I  ask  if  it  does  not 
already  include  mines  and  nnning  property, 
without  putting  in  the  words  "  mines  and  min- 
ing ])roperty  ?  •'  If  it  does  not,  then  I  do  not 
umlcrstand  the  English  langtiage. 

Mr.  XorUSK.  I  see  that  the  Constitution  of 
California  provides  as  follows  : — 

"Taxation  shall  be  equal  and  uniform  throufjhnut 
the  State.  All  jiroperty  in  this  State  shall  be  taxed  in 
proportion  to  its  value,  to  be  ascertained  as  directed 
Ijy  law." 

Now  I  have  been  told — I  do  not  know  that  it 
is  so— that  in  California,  under  that  provision, 
the  mines  are  not  taxed. 

Mr.  FITCII.    I  do  not  know  that  there  has 


7th  day.] 


TAXATION. 


227 


Monday.] 


NouKSE — Fitch — DeLong — Haines. 


[July  11. 


been  a  decision  on  that  subject ;  I  think  there 
has  not. 

Mr.  NOURSE.  What  is  the  practice,  then,  in 
resjard  to  taxing  the  mines  ? 

Mr.  FITCH.  It  is  to  tax  the  dust  wlierever 
they  find  it.  But  here  our  niinincr  is  differently 
conducted.  We  have  our  quartz  ledges,  whicli 
are  fixed  and  well  defined,  while  in  California, 
as  a  general  thing,  the  mines  have  no  such 
definite  market  value. 

Mr.  DeLONG.  I  will  state,  that  in  California 
they  tax  the  proceeds,  where  there  are  ledges, 
ami  they  can  get  at  them,  and  the  property 
also. 

Mr.  FITCH.     The  mines  there  have  seldom 
any   fixed,  definite,   easily-ascertained    market 
value — merely  a  hill  or  a  tunnel,  or  a  placer 
claim,  rich  perhaps  to-day,  and  poor  to-mor- 
row—  but    here   we    have   our  silver-bearing 
quartz  ledges,  which  have  a  definite,  fixed  mar- 
ket value,  just  as  certain  as  the  market  value 
of  a  ranch,   or  any   other  piece   of  property. 
We  know  that  certain  strata  of  quartz  produces 
so  many  hundred  tons  of  ore,  which  will  aver- 
age so  much  per  ton,  and  we  can  see  the  results. 
A  man   claims   to  own  a  certain  definite  and 
fixed  proportion  of  a  mine,  and  it  bears  a  cer- 
tain definite  and  fLxed  value,  like  other  prop- 
erty.    A  change  in  the  system  of  mining,  un- 
known until  now  in  the  history  of  our  country, 
has  taken  place.     Corpoi'ations  have  taken  the 
place  of  individual  and  unincorporated  effort. 
Mining  stocks  are  issued,  and  those  stocks  have 
a  market  value.      Therefore,   I  say,  that  the 
piece  of  paper  which  entitles  the  holder  to  so 
many  feet  in  the  Gould  and  Curry  Mine,  or  any 
other  mine  which  has  a  fixed  and  definite  mar- 
ket value,  should  be  taxed  to  the  extent  of  that 
value.     And  I  maintain  that  under  a  proper 
construction  of  our  Constitution,  (and  we  have 
no  right  to  anticipate  an  improper  construction 
by  our  Coiirts).  when  we  say  that  property  of 
all  kinds  shall  be  taxed — "  all  property,  both 
real  and  personal," — mining  property  will  not 
escape.     We   necessarily  and   by  implication, 
include  mining    properly,   and    stock   in    the 
companies  owning  the  mines.    Now  I  will  sub- 
mit the  question  to  my  friend  from  Washoe. 
(Mr.  Nourse),  supposing  that  we  should  strike 
out  "  mines  and  mining    property  "  —  words 
which  I  consider  as  mere  surplusage,  adding 
no  vigor  or  force  to  the  section — and  supposing 
that  the  first  State  Legislature  should  provide 
for  the  taxing  of  mines  by  law,  whether  such 
a  law  would  not  be  held  constitutional  ? 

Mr.  NOURSE.  I  appreciate  fully  the  gentle- 
man's position.  I  desire  as  much  as  any  one 
to  avoid  unnecessary  debate,  and  I  will  tell  the 
gentleman  now  the  reason  why  many  of  us  are 
unwilling  to  leave  the  section  as  it  is,  merely 
striking  out  these  words,  "  mines  and  mining 
property."  It  is  simply  this :  that  we  fear, 
whether  rightly  or  wrongly,  that  a  certain 
argument  may  be  successfully  used  in  the 
Courts — that  because   the  former  Convention 


tion  had  stricken  them  out,  therefore  it  may  be 
claimed  and  used  as  an  argument— with  what 
effect  we_  do  not  know — that  this  Convention 
did  not  intend  to  include  mines  and  mining 
property.  Now  an  amendment  has  been  shown 
to  me  which  satisfies  me  perfectly,  and  I  hope 
an  opportunity  may  be  given  for  its  intro- 
duction and  consideration. 
Mr.  FITCH.  Mr.  Chairman- 
Mr.  HAINES.  Will  the  gentleman  excuse 
me  if  I  interrupt  him  one  moment.  If  I  could 
be  satisfied  that  the  mines  would  be  regarded 
as  property,  I  would  be  satisfied  with  the 
amendment  just  proposed,  to  strike  out  the 
words  "  mines  and  mining  property  ;"  but  as  an 
old  Californian,  who  has  seen  the  workings  of 
the  California  Constitution  for  the  last  thirteen 
years,  I  am  by  no  means  satisfied  on  that  point. 
I  know  what  has  been  the  invariable  construc- 
tion there,  and  that  there  has  never  been  a  dol- 
lar received  for  taxes  from  the  mines,  in  any 
shape,  except  for  taxes  on  bullion,  dust,  and 
the  materials  used  in  working  the  mines.  I 
believe  that  the  gentleman  from  Storey,  (Mr. 
DeLong),  will  remember  that  that  is  the  case  : 
I  believe,  also,  that  all  the  members  of  this 
Convention  are  aware  of  it.  It  is  generally 
understood  that  no  mining  property  in  Califor- 
nia is  taxed,  notwithstanding  that  the  Constitu- 
tion of  California  says  :  "All  property  shall  be 
taxed  equally."  I  do  not  think,  as  has  been 
said,  that  a  case  ever  came  before  the  Supreme 
Court  of  California  involving  the  question,  but 
I  know,  however,  that  it  is  generally  the  opin- 
ion throughout  the  State  that  the  mines  are  not 
taxable  property. 

Mr.  FITCH.  All  of  which  is  true.  I  will, 
however,  explain  my  position  in  a  moment. 
Suppose  the  first  State  Legislature,  in  passing  a 
revenue  law,  should  fail  to  provide  for  the  taxa- 
tion of  the  mines,  what  would  be  the  result  ? 
Some  person  owning  a  sufficient  amount  of  tax- 
able property  to  make  it  for  his  interest  to  test 
the  question,  will  test  it,  and  carry  his  case  to 
the  Supreme  Court.  I  ask  you,  sir,  and  every 
lawyer  here,  if  it  would  be  possible  for  the 
Supreme  Court  to  decide  anything  else  than 
that  a  revenue  law  which  exempted  a  large 
and  valuable  class  of  property  from  taxation 
was  unconstitutional,  i-inder  such  a  clause  as 
this,  providing  for  a  uniform  and  equal  rate 
of  taxation  of  all  property,  both  real  and 
personal  ?  It  seems  to  me  clearly  Impossible 
that  they  should  decide  otherwise.  As  the 
gentleman  from  Douglas  (Mr.  Haines)  has  said, 
the  question  never  was  tried  in  California,  and 
if  it  should  be.  this  difficulty  would  occur, 
that  there  has  been  as  yet  no  definite,  certain, 
fixed  market  value  attached  to  the  gold  mines. 
Mr.  HAINES.  Will  the  gentleman  permit 
me  to  correct  him.  They  have  in  California 
quartz  mines,  copper  mines,  and  other  mines, 
some  of  which,  certainly,  have  a  definite  cash 
value. 
Mr.  FITCH.    Then  I  venture  to  say  that  any 


had    put    in    those    words  and    this  Conven- 1  man  who  chooses  to  carry  the  question  up  to 


228 


TAXATION. 


[7  th  day. 


Monday,] 


Haines — Fitch — Crosman — Chapin — Nocrse. 


[July  11. 


the  Supreme  Court,  can  get  a  decision,  and  that 
any  hiw  i'Xi'ni[)tiiig  those  iniiies  from  taxation, 
will  lie  iioci<li'(l  unconstitutional.  Tiiat  is  my 
belief  ;  anil  if  that  l)elief  bi'  well  founded.  I  aslv 
what  is  the  use  of  puttiuji  in  tliese  words — 
'•  ineiudinLT  mines  and  mining  property  '"! 

Mr.  IIAINICS.  We  i)ut  them  in  so  that  there 
can  lie  no  misunderstanding  about  it,  when  we 
shall  have  franu'd  and  adopted  our  Constitu- 
tion. 

Mr.  FITCH.     And  yet.  at  last,  the  gentleman 
is  oliliged  to  depend   upon   the    Legislature   to 
carry  out  tlie  provisions  of   the  Constitution, 
and  if  the  Legislature  fails,  what  is  he  to  do 
about  it.  even  if  we  do  insert  the  words  ''  mines 
anil  mining  property  "?     A  portion  of  our  last 
Territorial  ix-gislature  was  instructed — and  in 
my  ojiinion  very  improperly — to  exclude  the 
mines  Irom  taxation,  and  such  may  be  the  case 
hereafter.     Tlierefore,  if  we  put  in  these  words, 
'•  mines  and  mining  property,''  and  there  hap- 
pens to  be  in  tlie  Legislature  a  majority  op- 
posed to  the  taxation  of  the  mines,  the  Legis- 
lature would,  probably,  neglect  nr  fail  to  tax 
the  mines,  and  then  what  would  the  gentleman 
do  about  it  ?      lie  would   have   to    carry  the  ' 
question  to  the  .Su])reme  Court  at  last,  and,  in  j 
my  opinion,  we  can  add  no  force  at  all  to  the  \ 
provision  by  inchiding  tliese  words  of  mere  j 
suri)lusage.     They  would  not  add  any  value  to  ■ 
the  provision,  while  gentlemen  kufiw  very  well  | 
that  they  would  constitute  a  strong  argument ! 
with  many,  against  the  adoption  of  the  Consti- 1 
tution.     Why,  sir,  if  you  put  in  those  words  in  1 
Kubstance — modify  them  in  w'hatever  way  you  [ 
will — yon  compel  us  to  go  before  a  people  lia- ' 
lile  to  be  highly  excited  on  this  subject,  and  to  \ 
face  the  argument.s  of   our  opponents  against : 
the  taxation  of  the  mines.     If  you  do  that,  1 1 
helieve  the  i)eople  will  vote  this  Constitution  j 
down,  to  a  dead  certainty.      Now,  I  tell  the  I 
gentleman  from  Douglas  (.Mr.  Haines)  that  1 
am  earnestly — as  I  believe  he  is,  and  every 
other  gentleman  on  this  lloor— in  favor  of  the 
ado|ition  of  a  State  Government.      I  think  the 
tinu-  has  come  when  we  must  have  it,  when  our 
interest.s  inijieratively  demand  it,  and  1  am  in 
favor  of  doing  anything  which  we  can  honor- 
ably and  honestly  ilo  to  secure  that  end.     I  am 
in  favor  of  taxing  the  mines;  I  say  thato))enly 
and  fearlessly,  and  if  I  knew  1  was  walking  to 
my  jiolitieal  tomb.  I  would  still  say  it.     In  my 
opinion,  it  is  right,  and  I  am,  and  always  have 
been,    in  favor  of  it.      But,  at  the  same  time,  if 
you  put  in   these   words— which  are  unneces- 
nary,  which  are  surjilnsage,  whieli  add  no  force 
<ir  Vigor  to  the  constitutional  jirovision — I  say 
yon  tliereby  insure  the  rejection  of  the  Consti- 
tution, and  you  will  have  no  State  Government 
at  all. 

Mr.  CRfJ.SMAN.  Will  the  gentleman  allow 
nu-  to  ask  him  a  rjuestion  ?  I  understand  that 
he  is  in  favor  of  taxing  the  mines,  and  thinks 
that  this  section  would  be  just  as  operative  to 
secure  that  end  with  these  words  out  of  it,  as 
it  would  be  if  they  were  left  in ;  and  that  if 


they  are  allowed  to  remain  in  the  Constitution, 
it  will  be  defeated.  Now  I  desire  to  ask  the 
gentleman  if  he  thinks  that  is  a  fair  and  honor- 
able way  to  treat  a  constituency.  Now,  sir,  I 
represent  a  mining  constituency,  as  the  gentle- 
nuxn  from  Storey  does,  though  mine  is  some- 
what different  in  its  circumstances  from  his ; 
the  mining  region  he  represents  being  confess- 
edly the  richest  and  best  in  the  State,  while  our 
mines  are  only  in  their  infancy,  or  wholly  un- 
developed. We  do  not  know  whether  they  are 
worth  anything  or  not ;  and  yet,  they  have  a 
certain  value  in  the  market.  For  myself,  though 
1  am  opposed  to  ta.xing  the  mines  indiscrimin- 
ately, yet  I  am  in  favor  of  taxing  those  which 
are  yielding  a  revenue.  I  think  that  is  nothing 
more  than  ftxir.  But,  sir,  I  w-ant  our  Constitu- 
tion to  go  to  the  people  fairly  and  honorably. 
Let  us  agree  among  ourselves  what  we  want, 
and  what  we  mean,  and  then  let  the  Constitu- 
tion express  our  meaning  plainly,  and  go  to 
the  people  upon  a  fair  and  scpuire  basis. 

Mr.  CHAPIN.  I  was  somewhat  surprised  at 
hearing,  and  I  certainly  very  much  regretted 
to  hear,  the  remarks  of  my  colleague  (Mr. 
Fitch).  If  I  entertained  the  views  he  does,  1 
would  certainly  favor  the  retaining  of  the  lan- 
guage which  was  contained  in  the  article  orig- 
inally, and  let  it  be  plainly  and  fully  under- 
stood. But  I  do  not  lielieve  that  it  is  right  to 
do  any  stich  thing  as  to  tax  the  mines  at  their 
luarket  value.  Why,  sir,  what  would  have 
been  the  result  in  the  past  year,  if  we  had  tax- 
ed all  our  mines  at  the  full  market  value  which 
they  bore  at  the  tiiue  of  assessment?  We  then 
assessed  the  Gould  &  Curry  at  six  thousand 
dollars  per  foot,  while  now  it  is  worth  fifteen 
hundred. 

I  Mr.  FITCH.  Well.  I  had  a  lot  up  in  Virginia 
j  then,  which  I  could  have  sold  for  two  thou.sand 
1  dollars,  but  I  could  not  get  four  hundred  dol- 
I  lars  for  it  now. 

Mr.  CHAPIN.   Savage  sold   for  five   or  six 

times  as  much  then  as  now  ;  Ophir  was  worth 
]  four  thousand  dollars,  and  it  is  only  worth 
I  seven  hundred  now  ;  Pride  of  the  West  was 
I  sold  for  two  hundred  and  seventy-five  dollars 
I  then,  while  now  it  is  begging  for  purchasers 
j  at  two  dollars  a  foot ;  Daney  was  selling  read- 
,  ily  at  that  time  at  five  hundred  dollars,  and 
^  now  it  ranges  from  forty  to  sixty  dollars  ;  and 

Wide  West  not  long  since  was  five  hundred  or 

six  hundred  dollars,  while   now  it  is  sold  at 

forty  dollars,  or  thereabouts. 

Air.  NOUKSE.     Have  not  the  mines,  prior  to 

this,  gone  up,  as  much  as  they  have  now  gone 
j  down?     Did  not  the  Gould  &  Curry  go  up  in  a 

single  year  from  two  hundred  dollars  to  si.x 

thousand  dollars  per  foot?  Ami  have  not  saw- 
j  mills  gone  down  also  ?    Does  not  all  property 

vary  in  jirice  ? 

I  Mr.  CHAPIN.  The  gentleman  may  refer  to 
^  these  matters  when  I  get  through  ;  I  do  not 
j  mean  to  be  long.  Now,  I  say  it  is  not  right  to 
;  tax  the  full  vahie  upon  pro]jerty  which  is  as 
,  fluctuating  and  uncertain  as  this,  as  we  would 


7th  day.] 


TAXATION. 


229 


Monday,] 


Hawley — Chapin — Johnson. 


[July  11. 


put  the  full  value  upon  farming  or  ranching 
property.  Why,  it  appears  to  me  that  is  so 
self-evident  that  no  gentleman  ought  to  ask  it. 
It  is  altogether  wrong,  and  therefore  I  express 
my  surprise  that  my  colleague  from  Storey 
County,  representing  a  community  where  we 
have  such  an  amount  of  mining  property,  should 
say  that  in  his  opinion  it  ought  to  be  taxed  at 
its  full  value.  Tax  the  proceeds,  if  you  please, 
but  do  not  burden  the  mines  Avith  any  such  tax- 
ation as  that.  By  adopting  such  a  course,  even 
at  a  rate  of  taxation  of  one  per  cent,  you 
would  tax  the  Gould  &  Curry  seventy-two  hun- 
dred dollars,  assessing  the  stock  at  six  thousand 
dollars  per  foot. 

Mr.  HAWLEY.  Will  the  gentleman  allow 
me  to  interrupt  him  for  a  moment,  on  the  part 
of  those  "  cow-counties,"  which  have  to  bear 
the  blame  of  this  proposition  to  tax  the  mines  ? 
AVe  are  not  so  wild  as  to  anticipate  that  the  re- 
sult of  taxing  the  mines  will  be  anything  like 
what  the  gentleman  seems  to  apprehend.  I 
have  endeavored  to  express  my  views  and 
those  of  my  constituency,  but  I  certainly  should 
not  express  such  views  as  those.  I  trust  I  am 
more  reasonable  than  that  in  my  calculations. 

Mr.  CHAPIN.  I  should  hope  so.  and  I  am 
glad  to  hear  it.  Let  us  reason  together,  and 
fix  this  matter  up  in  a  manner  that  will  be 
right,  and  mutually  satisfactory,  for  if  we  go  to 
either  extreme,  this  Constitution  is  as  dead  as 
it  can  be.  I  would  utterly  despair,  if  you 
should  impose  any  burden  similar  to  that  now 
provided  for  in  this  Constitution,  of  ever  passing 
the  Constitution.  If  you  do  that,  I  am  willing 
to  take  my  hat  and  go  home,  for  it  is  wholly  in 
vain  to  present  a  Constitution  containing  any 
such  provision  to  the  people  of  this  Territory. 

Mr.  JOHNSON.  I  do  not  know  whether  it 
would  be  proper  at  this  time — and  I  would  not 
like  to  obtrude  my  views,  nor  present  any 
amendment  for  the  consideration  of  the  com- 
mittee before  it  is  properly  in  order — but  I 
have  an  amendment  here,  however,  which  I 
wish  to  oft'er  as  a  substitute  for  the  whole 
section  whenever  it  will  be  in  order,  and  if 
there  is  no  objection,  I  will  read  it  for  infor- 
mation. 

Section  1.  The  Legislature  shall  provide  by  law  for 
the  assessBient  and  collection  of  taxes  by  a  uniform 
rule,  so  that  taxes  shall  be  assessed  and  collected  on 
all  property,  possessory  rights  and  claims,  according 
to  their  true  value  in  money. 

At  a  proper  time  I  wish  to  offer  this  as  a  sub- 
stitute for  the  entire  section.  A  single  word, 
however,  in  regard  to  the  arguments  which 
have  just  now  been  advanced  by  my  friend 
from  Storey.  (Mr.  Chapin.)  As  that  gentleman 
tells  us,  Gould  &  Currj"^  has  receded,  and  Ophir 
and  many  other  mining  stocks  are  in  the  same 
category — all  of  which  is  quite  familiar  to  eve- 
ry gentleman  here.  But  there  is  one  theory 
which  the  gentleman  has  apparently  forgotten, 
and  that  is  an  argument  to  which  I  listened, 
and  he  replied  (and  ably,  too,  I  will  say.  assum- 
ing his  premises  to  have  been  correct,)  in  the 


first  Constitutional  Convention.  The  line  of 
argument  referred  to  was  substantially  this,  that 
while  the  amount  or  value  of  taxable  projjerty 
may  be  very  greatly  depreciated,  yet  the  ratio  of 
taxation  must  be  reduced  in  like  proportion. 
That  is,  if  you  tax  the  Gould  A"  Curry  at  one 
time  at  six  thousand  dollars  per  foot,  and  ano- 
ther mine  at  fifteen  hundred  dollars  per  foot, 
and  so  on  through  the  list,  carrying  out  the 
same  relative  rate  of  assessment  through  the 
whole  range  and  scope  of  your  taxable  prop- 
erty, taxing  everything  at  the  like  inflated 
valuation,  you  will  have  perhaps  four  times 
the  amount  of  taxable  property  that  really  ex- 
ists at  the  present  time  ;  yet,  while  you  thus  in- 
crease the  value,  you  must  at  the  same  time  de- 
crease the  ratio  of  taxation,  and  only  levy  your 
assessment  at  such  rate  as  will  suffice  to  raise 
a  given  sum.  The  ditference  in  taxation  at 
different  periods  of  time  is  not  solely  in  the 
amount  of  property  subject  to  taxation,  but  in 
the  prevailing  rates  of  taxation.  If  in  one  in- 
stance we  should  levy  a  tax  of  twenty-five 
cents  on  the  hundred  dollars,  in  the  other  you 
would  be  compelled  to  levy  a  tax  of  one 
hundred  cents,  in  order  to  obtain  the  same 
required  amount.  What  is  the  difference,  then, 
whether  you  tax  property  at  a  low  valuation, 
or  at  an  increased,  or,  if  you  please,  at  a  ficti- 
tious valuation,  provided  you  have  the  same 
amount  to  raise  ?  The  result  is  the  same  if  you 
levy  a  f  wenty-five-cent  tax  on  an  assessment  of 
six  thousand  dollars,  as  if  you  levy  a  dollar 
tax  on  an  assessment  of  fifteen  hundred  dollars  ; 
and  therefore  I  cannot  see  the  potency  of  the 
gentleman's  argument. 

Now  I  will  say,  in  brief,  that  this  is  the  posi- 
tion which  I  took  in  the  former  Convention — a 
position  which,  however  far   it  may  be  from 
suiting  the  views  of  others,  I  know  is  at  least 
in  accordance  with  the  views  of  those  whom  I 
represent,  and.  far  beyond  that,  in  accordance 
with  my  own  sense  of  right  and  of  duty — that 
is  to  say,  that  all  property  that  has  any  value, 
in  proportion  to  that  value  should  be  taxed  for 
the  support  of  our  government.    This,  sir.  is  my 
position,  and  I  do  not  seek,  nor  will  I,  by  any 
word  to  which  I  shall  give  utterance  on  this 
floor,  nor  by  any  amendment  which  I  propose, 
seek  to  escape  the  full  eflTect  of  the  proposition 
that  all  property,  according  to  its  cash  value — 
that  is.  its  money  value,  if  you  please,  using 
the  language  which  I  propose  to  employ  in  this 
amendment — shall  be  taxed  proportioned  upon 
that  value.     When  this  is  done,  we  shall  hnve 
recognized  a  principle  founded  in    truth  and 
justice,  and  we  shall  not  have  done  that   which 
will  tend  to  confuse  or  blind  the   sense   and 
understanding  of  the   people.     We   shall  have 
done  more  than  that :  we  shall  have  established 
a    firm   and  just   basis   upon  which   our   gov- 
ernment should  rest — that  all  property,  accord- 
ing to  its  full  value,  shall  be  taxed  equally — 
that  every  individual  within  and  protected   by 
the   government,   shall   contribute  his  propor- 
tion "to  the  support  of  that  government.    Now, 


230 


TAXAATION. 


[8th  day. 


Tuesday,]  '        Fitch— Duxxe—Chapin—Kixkead—Tozer—Hawley—  Bakks. 


[July  12. 


sir.  if  we  are  not  prepared  to  meet  the  issue 
on  that  basis,  then  for  one  I  will  say  that  I 
want  no  State  Government.  I  see  that  the 
honr  has  arrived  for  adjonrnment ;  and  as  I 
propose  to  speak  tiuthor  on  this  question,  I  will 
glvi'  wav. 

Mr.  FiTCII.  I  move  that  the  Committee  rise 
ami  ri'iiort  Articles  VIII  and  IX,  as  amended, 
and  alsii  rei)ort  jirogress  upon  Article  X,  and 
a.-;k  k'uve  to  sit  a>>:ain. 

Mr.  DINXH.  I  am  opposed  to  that  motion, 
for  the  reason  thai  l\v  ant  thr  Convention  to  fin- 
ish this  Article  on  Taxation  while  we  are  en- 
gaped  upon  it. 

The  question  was  taken,  and  Mr.  Fitch's  mo- 
tion was  agreed  to. 

IN    COM'KXTION. 

The  rrvESIDI-:NT  havino;  resumed  the  chair, 

The  ("IIAIRMAX  reported  that  the  Commit- 
tee of  tlie  Whole  hud  had  under  consideration 
Article  Vlll.  entitled  Municipal  and  other  Cor- 
porations, and  Article  iX.  entitled  Finance  and 
State  Deht.  and  had  made  some  amendments 
thereto,  in  which  he  was  instructed  to  ask  the 
concurrence  of  the  Convention.  Also,  that  the 
Committee  of  the  Whole  had  had  under  con- 
sideration Article  X,  entitled  Taxation,  had 
made  some  progress  therein,  and  had  instructed 
him  to  ask  leave  to  sit  again. 

The  report  was  accepted,  and  leave  was  ac- 
cordingly granted  to  sit  again  upon  Article  X. 

yiv.  CIIAPIN  offered  the  following  resolu- 
tion, which  was  adopted  : — 

Rrsolvfil,  Tliat  the  Pr^siilciit  iif  the  Cdnvcntion  be 
rcqiicsted  to  place  upcm  the  standing;  i<iiiiiiiitti'es  such 
members  as  have  recently  taken  seats  in  the  Conven- 
tion and  have  not  been  appointed  upon  any  of  the 
Btauding  comuiittees. 

The  hour  of  five  o'clock  having  arrived,  the 
Fresident  declared  the  Convention  adjourned 
under  the  rule,  until  nine  o'clock,  A.  M.,  to- 
morrow. 


EIGHTH  DAY. 

Carsox,  July  12,  18G4. 

The  Convention  met  at  nine  o'clock,  A.  M., 
and  was  called  to  order  hy  the  President. 

Th"  roll  was  called,  and  all  the  meniliers  re- 
sponded exci'pt  the  following  :  M<'ssrs.  I?all. 
Collirw.  DeLong.  Earl.  Gih.son.  Haines,  Jones. 
Morse,  To/,  T,  Wellington,  and  Williams.  Pres- 
ent, 28  ;  ahsent,  11. 

On  motion  of  .Mr.  DUNNE,  leave  of  absence 
for  the  day  was  granted  to  .Mr.  DeLong. 

No  cliTgyman  i>eing  in  attendance,  the  usual 
morning  prayer  wa"*  dispensed  with. 

The  journal  of  yesterday  was  read  and  ap- 
proved. 

APPOIXTMKXTS    OX    COMMITTEES. 

The  PRE.S1DENT  announced  that,  in  accord- 
ance with  the  resolution  adopted  yesterday,  he 
appointed   Mr.    ilcCliatoa    on    the    Commit- 


tee on  State  Seal  and  Coat  of  Arms,  and  Mr. 
Haines  on  the  Committee  on  Phraseology  and 
Arrangement. 

REPORTS    OF   COMMITTEES. 

Mr.  KINKEx\D,  from  the  Committee  on 
Phraseology  and  Arrangement,  presented  the 
following  report  : — 

Mr.  Pri'xiihnt :  Your  Committee  on  Phraseology  and 
Arrangement  of  the  Constitution  beg  leave  to  report 
the  following  arrangement  for  the  several  articles  re- 
ferred to  them  : 

1st.  Kesolutiou  adopting  the  Constitution  of  the 
United  States  ; 

2d.     Ordinance  ; 

3d.     Preamble  ; 

4th.     Article  I — Declaration  of  Rights. 

Your  committee  also  recommend  the  insertion  of  the 
word  "City,"  after  the  word  "Carson,"  in  the  said 
resolution. 

Also  the  substitution  of  the  words  "and  this,"  in 
lieu  of  the  word  "which,"  in  the  seventh  line  of  the 
engrossed  copy  of  the  Ordinance. 

Also  to  strike  out  the  word  "the,"  where  it  occurs 
before  the  word  "  citizens,"  in  the  third  section  of  the 
Ordinance.  ' 

Bespectf'j-Uy  submitted. 

J.  H.  KINKEAD,  Chairman. 

The  report  was  adopted,  and  the  several 
amendments  proposed  by  the  committee  were 
agreed  to. 

Mr.  TOZER,  from  the  Committee  on  En- 
grossment, reported  that  that  committee  had 
examined  and  compared  Article  II,  entitled 
Right  of  Suffrage,  Article  HI,  entitled  Distri- 
bution of  Powers,  Article  IV,  entitled  Legis- 
lative Department,  and  Article  V,  entitled  Ex- 
ecutive Department,  and  found  the  same  cor- 
rectly engrossed. 

The  report  was  accepted,  and  the  several  ar- 
ticles reported  were  placed  on  file. 

Mr.  IIAWLEY  moved  that  the  several  mat- 
ters reported  from  the  Committee  on  Phraseol- 
ogy and  Arrangement  be  referred  to  the  Com- 
mittee on  Enrollment. 

The  PRESIDENT  suggested  that  these  mat- 
ters would  have  to  be  reengrossed,  as  certain 
amendments  had  been  made. 

Mr.  BANKS.  It  is  hardly  necessary,  because 
no  changes  have  been  made  beyond  a  half  a 
dozen  words,  and  I  suggest  that  the  correc- 
tions be  made  in  the  margin  of  the  engrossed 
copy  in  red  ink,  and  the  indorsement  signed 
by  the  Secretary,  so  as  to  show  that  the  cor- 
rections have  been  made.  That  is  the  custom- 
ary course,  I  believe.  I  will  move  that  the  en- 
rolling committee  be  instructed  to  make  the 
corrections  in  accordance  with  the  action  of 
the  Convention  upon  the  report  of  the  Com- 
mittee on  Phraseology,  and  that  a  note  be 
made  on  the  engros.'ied  copy,  to  the  effect  that 
the  corrections  were  made  in  accordance  with 
that  order. 

The  PRESIDENT.  I  find,  on  examination, 
that  the  Secretary  has  already  made  the  in- 
dorsements in  red  ink,  and  they  are  signed  by 
him  as  Secretary. 

Mr.  BANKS.  Very  well  :  that  covers  the 
whole  ground. 

Mr.  TOZER.     The   Secretary  states,  I  sup- 


8th  day.] 


JUDICIAL  SYSTEM. 


231 


Tuesday,] 


Banks — Dunne — Johnson. 


[July  12. 


pose,  that  the  amendments  are  made  upon  the 
report  of  the  Committee  on  Phraseology. 

The  SECRETARY.    Yes,  sir. 

Mr.  BANKS.  I  withdraw  my  motion,  as 
that  is  all  that  is  necessary. 

The  PRESIDENT.  I  will  suggest  that  there 
should  be  a  motion,  to  go  on  record,  in  order 
to  show  hereafter  why  the  changes  were  made. 

Mr.  BANKS.  I  will  move  then  that  all  the 
changes  made  by  the  Convention  upon  the  re- 
port of  the  Committee  on  Phraseology  be  en- 
tered by  the  Secretary,  over  his  signature,  on 
the  margin  of  the  documents. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

The  question  was  taken  on  the  motion  of  Mr. 
Hawley,  that  the  several  matters  reported  by 
the  Committee  on  Phraseology  be  referred  to 
the  Committee  on  Enrollment,  and  it  was 
agreed  to. 

EVENING   SE.SSIONS. 

Mr.  DUNNE.  I  will  state  to  the  Conven- 
tion, ia  explanation  of  a  resolution  which  I 
am  about  to  offer,  that  the  Convention  is  pro- 
gressing very  rapidly  with  its  busiuess,  but  the 
Committee  on  the  Judiciary  have  not  yet  com- 
pleted their  labors,  and  will  require  an  oppor- 
tunity to  hold  another  session.  There  is  no 
time  wheu  we  caa  get  the  committee  together 
unless  it  is  in  the  evening,  and  for  that  reason, 
believing  that  one  more  session  will  enable  the 
committee  to  complete  the  report  ou  the  Arti- 
cle entitled  Judicial  Department,  I  otter  this 
resolution  : — 

J/rxolmd,  That  in  consideration  of  the  necessity  of 
anothir  evening  session  of  the  Judiciary  Committee, 
the  operation  of  so  much  of  the  standing  rule  as  re- 
lates to  evening  sessions  be  postponed  until  to-mor- 
row, the  13th  instant. 

The  question  was  taken,  and  the  resolution 
was  adopted.  j 

INSTRCCTIONS   TO   THE   JUDICIARY   COMMITTEE.       ! 

[Mr.  Crosman  in  the  chair.] 

Mr.  JOHNSON.  I  oft'er  the  following  reso- 
lution : — 

Ee^iolred,  That  the  Committee  on  the  Judiciary  are 
instructed  to  embody  such  provisions  in  the  judicial 
features  of  the  Constitution  as  will  provide  for  the 
election  of  a  District  Judge  in  each  organized  county 
of  the  State,  (except  Storey  County,  wherein  there 
shall  be  two  District  Judges,)  with  such  additional  ju- 
risdiction as  is  now  conferred  upon  County  or  Probate 
Courts,  so  as  to  dispense  with  such  County  or  Probate 
Courts. 

I  should  feel  reluctant  to  join  in  any  attempt 
to  make  radical  or  material  changes  in  our  ju- 
diciary system,  in  any  respect,  unless  I  thought 
it  quite  clear  that  great  compensating  advan- 
tages would  be  gained  thereby.  We  have  now 
had  two  meetings  of  the  Judiciary  Committee, 
I  believe,  and  we  find  that  some  diversity  of 
opinion  exists  among  its  members  upon  tlie  ju- 
dicial features  of  our  Constitution,  or  in  re- 
spect to  the  judicial  system  as  established  in 
the  old  Constitution,  adopted  as  the  basis  of 
our  action,  and  in  the  Constitution  of  Califor- 
nia.    We  have  encountered  a  great  deal  of  dif- 


ficulty in  one  respect,  namely,  in  arranging 
the  judicial  districts  in  such  a  manner  as  to  ac- 
commodate the  greatest  possible  number  with- 
in the  respective  counties,  and  at  the  same 
time  to  restrict  and  limit  the  expenditure  with- 
in reasonable  and  proper  bounds.  Now  it  must 
occur  to  gentlemen,  I  think,  that  if  we  can, 
without  any  increase  of  expenditure,  so  ar- 
range our  judiciary  system  as  to  have  a  Court 
with  an  enlarged  jurisdiction  in  each  of 'the  sev- 
eral counties,  we  shall  in  that  way  greatly  sub- 
serve the  interests  of  those  who  sent  us  here. 
And  I  think  by  the  adoption  of  the  proposition 
involved  in  the  resolution,  we  can  obtain  and 
establish  such  a  judicial  system,  which,  while 
it  di.spensps  with  County  and  Probate  Courts, 
will  enable  us,  instead,  to  have  a  judge  in 
each  county,  upon  whom  can  be  conferred  the 
jurisdiction  ordinarily  possessed  by  the  District 
Courts,  as  well  as  that  exercised  by  the  County 
and  Probate  Courts.  I  have  made  some  esti- 
mates of  the  relative  expense  of  these  two  sys- 
tems, comparing  one  with  the  other.  On  the 
one  hand,  I  take  as  a  basis  the  salaries  of  the 
County  and  Probate  Judges,  as  they  are  now 
fixed  by  territorial  laws,  and  add  to  these  the 
rate  of  salary  likely  to  V>e  established  for  the 
Disrict  Judges,  fixing  it  within  what  would  be 
reasonable  and  proper  bounds,  taking  as  a  ba- 
sis five  District  Judges  within  the  State,  and 
one  County  or  Probate  Judge  in  each  county. 
I  then  make  a  like  estimate  upon  the  other 
proposition,  as  embodied  in  this  resolution,  of 
having  one  District  Judge  in  each  county,  ex- 
cept Storey  County,  and  there  having  two 
judges.  I  fix  their  respective  salaries  at  the 
same  rate  as  that  of  the  District  Judges  in 
the  ditferent  counties.  I  find  upon  these  esti- 
timati^s  that  the  expense  of  the  entire  system 
here  proposed  does  not  exceed  that  of  the 
other  more  than  two  or  three  thousand  dollars 
a  year.  It  must  be  evident  to  every  gentle- 
man here,  that  if  the  difference  is  no  greater 
than  that,  or  even  if  the  cost  were  as  much  as 
ten  thousand  dollars  a  year  more,  it  would  be 
an  expenditure  for  wh'ch  the  people  would  be 
amply  repaid,  by  the  additional  benefits  secured 
on  account  of  having  a  court  in  each  county.  It 
was  chit  fly  for  the  sake  of  eliciting  the  views 
and  opinions  of  other  members,  that  I  present- 
ed the  resolution  at  this  time.  I  hope'  we  may 
have  some  discussion  upon  it,  and  if  it  is  the 
judgment  of  the  Convention  that  a  system  such 
as  contemplated  by  the  resolution  I  have  offered 
should  be  devised,  then  the  Judiciary  Commit- 
tee, before  proceeding  further  with  its  labors, 
can  proceed  to  embody  the  proper  provisions 
in  the  Article  which  they  shall  report. 

Mr.  DUNNE.  I  concur  entirely  with  the 
views  of  the  gentleman  from  Oruisby  as  to  the 
I  propriety  of  the  adoption  of  the  resolution 
presented  by  him.  I  think  no  alteration  of  this 
Constitution  which  we  have  adopted  as  a  basis, 
in  respect  to  the  judiciary  system,  could  be  pre- 
sented to  this  Convention,  that  would  be  more 
satisfactory  than  this,  to  the  people  of  the  out- 


232 


JUDICIAL  SYSTEM. 


[8tli  d'df. 


Tuesday,] 


Hawley— Fitch — Johnson. 


[July  12. 


side  counties,  at  least.  For  those  counties 
which  are  in  the  imini'diate  neighborhood  of 
the  capital  I  do  not  pretend  to  speali  ;  but  I 
am  sure  that  it  will  be  beneficial  in  its  opera- 
tion in  those  large  districts  known  as  Hum- 
boldt and  Lander  Counties,  and  others  so  far 
removed  from  the  capital  and  so  large  in  ex- 
tent. If  two  of  those  counties  are  embraced 
in  one  judicial  district,  tiie  residents  of  one  of 
them,  at  least,  must  be  situated  at  a  distance 
of  from  eighty  to  a  hundred  miles  from  the 
residence  of  the  District  Judge,  and  therefore, 
for  all  chamber  business  reijuired  to  be  per- 
fornud,  it  would  be  necessary  to  travel  that 
distance  of  from  sixty  to  one  hundred  miles. 
That  would  amount  almost  to  an  absolute  de- 
nial of  justice.  There  is  another  feature  of 
this  proposition  to  be  regarded,  and  that  is, 
that  those  counties  I  speak  of,  covering  one 
lialf  of  the  area  of  this  Territory,  are  so  large 
that  in  the  course  of  the  natural  growth  of  the 
State  we  may  exp'Ct  that  in  time  they  will  in 
themselves  each  constitute  a  large  judicial  dis- 
trict, after  becoming  subdivided,  as  they  natu- 
rally will  be,  by  reason  of  their  great  extent. 
Therefore,  as  one  of  the  representatives  of  one 
of  those  counties,  1  heartily  indorse  this  reso- 
lution, and  I  think  I  am  autliorized  to  state  to 
the  memliers  of  this  Convention  that  the  prop- 
osition it  involves  meets  with  the  hearty  sanc- 
tion of  all  the  delegates  from  Humboldt  and 
Lander  Counties.  I  would  like,  however,  to 
hear  an  expression  of  opinion  on  the  subject 
from  g-'utleraen  representing  counties  nearer 
the  capital,  and  whicli  are  smaller  in  extent. 
If  it  satisfii'S  them.  1  think  it  will  l)e  satisfacto- 
ry to  all.  There  is  one  otiier  point  involved, 
however,  and  tiuit  is,  the  question  wliether  two 
judges  are  sufficient  for  Storey  County  whi'U 
all  the  county  and  probate  business  is  thrown 
upon  tliose  two  judges  ;  but  that  is  a  matter 
which  I  presume  the  Storey  County  delegation 
will  ventilate. 

Mr.  H.WVLEY.  For  all  the  reasons  which 
Lave  already  been  presented  by  the  two  gentle- 
men who  liave  spoken  upon  this  resolution,  1 
heartily  indorse  it,  and  I  trust  it  will  obtain 
the  sanction  of  the  Convention.  The  county 
of  Douglas,  whicli  I  represent,  stands  some- 
what in  the  same  category  in  regard  to  chain 
ber  business  as  the  county  of  Ilumlioldt.  In 
committee  last  evening,  we  made  a  careful  cal- 
culation of  the  manner  in  which  the  State 
should  be  divided  into  judicial  districts,  and  we 
could  come  to  no  other  conclusion  than  that 
Douglas  should  be  attaclw-d  to  Esini'ralda 
County,  as  a  part  of  that  judicial  district,  in 
which  event  we  should  have  to  travel  nearly 
one  hundred  miles  to  obtain,  for  instance,  a 
restraining  order,  or  to  have  one  set  aside.  For 
this  reason  I  trust  the  Convention  will  adopt 
the  resolution,  and  that  tlie  feature  wliieli  il 
contemplates  will  liC  embodied  in  our  judiciary 
Hystein. 

Mr.  FITCH.     For  my  own  information,  as 
well  as  for  the  information  of  the  Convention. 


I  would  ask  tlie  mover  of  this  resolution  if  it 
is  not  contemplated  that  under  its  operation 
each  county  shall  establish  and  pay  the  salary 
of  its  own  District  Judge,  instead  of  having  it 
paid  out  of  the  common  treasury. 

Mr.  JOHNSON.  The  idea  is,  although  not 
embodied  in  the  resolution,  that  these  judges 
shall  be  paid  by  the  counties  respectively.  It 
is  an  immaterial  matter,  however,  because,  al- 
though the  money  may  be  paid  from  the  State 
Treasury,  it  will  have  to  be  first  paid  into  the 
State  Treasury  by  the  counties  ;  and  if  it  is  to 
be  paid  directly  by  the  counties,  of  course 
there  will  be  so  much  the  le.ss  for  them  to  pay 
into  the  State  treasury;  so  that,  whether  it 
first  passes  to  the  County  treasury  and  thenco 
to  the  State  treasury,  to  be  drawn  therefrom 
tiy  the  Judges,  or  whether  it  is  drawn  at  once 
from  the  county  treasury,  would  seem  practi- 
cally to  make  no  difference. 

Mr.  FITCH.  Excuse  me  ;  I  think  it  makes 
a  good  deal  of  difference,  becau^se  the  counties 
paying  the  largest  amount  of  taxes  would  have 
to  contribute  towards  the  payment  of  the  sala- 
ries of  the  Judges  of  other  counties. 

Mr.  JOHNSON.  Excuse  me  ;  I  likewise  pro- 
pose that  the  Judges  shall  be  paid  by  the  coun- 
ties. My  id'  a  is  derived  from  the  old  Constitu- 
tion, and  it  is,  that  all  the  judicial  officers  shall 
1)0  made  preferred  creditors,  so  as  to  insure 
their  payment  in  cash,  and  thereby  we  offer 
such  an  inducement  as  will  enable  us  to  pro- 
cure the  services  of  men  who,  by  their  charac- 
thr,  talents  and  legal  attainments,  are  best 
(lualified  to  fill  those  positions.  If  it  is  left 
so  that  the  payment  of  such  salaries  may 
be  dependent  upon  the  condition  of  a  County 
Treasury,  which  is  liable  to  temporary  or 
permanent  embarrassment,  men  may  be  de- 
terred from  occupying  those  judicial  positions 
who  would  be  the  very  best  qualified  to  fill 
them.  I  believe  the  occupants  of  judicial  of- 
fices should  be  so  protected  by  law  as  not  to 
render  it  necessary  or  incumbent  upon  them  to 
embark  in  other  pursuits,  and  I  think  most  as- 
suredly that  they  will,  ijy  law,  be  so  prot(ct(d. 
The  provision  we  have  in  this  Constitution 
in  relation  to  the  salaries  of  those  oHicers 
should  be  retain  d,  and  should  be  made  to  ap- 
ply to  the  judges  of  the  courts  in  the  different 
Counties  ;  and  by  having  the  advantage;  of  a 
Judge  and  a  Court  in  each  county — having  a 
Court  at  home — in  my  judgment  the  people 
will  be  well  compensated  for  the  slight  addi- 
•ioiial  expense.  The  provision  I  refer  to  rela- 
tive to  compensation  is  iu  the  schedule,  I  be- 
lieve. 

As  to  Storey  County,  a  provision  might  be 
incorporated  making  that  county  an  cxcej)tion. 
If  gentlemen  from  Storey  County  do  not  deem 
it  sufficient  for  the  necessities  of  that  county 
to  have  one  court,  an  exception  can  readily  Ite 
made  and  power  lodged  in  the  Legislature  to 
provide,  if  you  please,  by  a  two-thirds  vote, 
for  additional  courts,  if  it  .shall  at  any  time  be 
deemed  that   there  is  a  necessity  for  them.     I 


8th  day.] 


JUDICIAL  SYSTEM. 


233 


Tuesday,] 


Brosnan — Hawlet — Banks. 


[July  12. 


only  proposed,  in  this  resolution,  to  provide 
fur  embodying  in  tlie  article  the  general  frame- 
work of  our  judicial  system;  and,  of  course, 
there  are  many  things  in  the  way  of  detail  which 
it  may  be  found  necessary  or  proper  to  incorpo- 
rate in  the  Constitution.  The  idea  is,  simply, 
to  dispense,  as  a  feature  of  our  judicial  system. 
as  we  find  it  now  in  the  old  Constitution,  with 
Co  mty  and  Probate  Courts,  and  confer  their 
jurisdiction  on  the  District  Courts,  with  a  view 
to  having  a  Judge  in  each  county.  So  far  as 
salaries  are  concerned.  I  think  it  proper  for  us 
to  fix  them  in  the  Constitution,  at  least  for  the 
time  for  which  the  first  incumbents  are  to  be 
elected,  making  such  term  say  for  two  years, 
and  leaving  it  to  be  fixed  thereafter  by  the 
Legislature. 

Mr.  BROSNAN.  I  move  to  amend  the  reso- 
lution, by  striking  out  the  word  '■  two,"  and 
inserting  the  word  "  three,"  so  as  to  provide 
for  three  Judges  in  Storey  County,  instead  of 
only  two. 

The  question  was  stated  on  Mr.  Brosnan's 
amendment. 

Mr.  BROSNAN.  I  heartily  concur  in  the 
plan  proposed  by  this  resolution,  and  if  the 
additional  expense  will  be  no  UTire  than  two  or 
three  thousand  dollars  a  year,  I  do  not  see  why 
there  should  be  any  olijection  whatsoever,  to 
the  adoption  of  the  resolution.  Indeed.  I  agree 
with  my  friend  from  Ormsby,  (Mr.  Johnson,) 
that  if  the  difference  in  expense  should  amount 
even  to  .510,000  a  year,  it  would  still  be  amply 
counterpoised  by  the  great  benefits  to  be  de- 
rived by  the  people  from  the  adoption  of  the 
system  proposed.  In  the  first  place,  under  such 
a  system,  we  have  all  the  judicial  bnsintss  done 
in  the  county  which  could  be  done  by  the  Dis- 
trict Judge  and  by  the  County  Judge  of  that 
county  ;  that  is  to  say,  we  have  ample  force  on 
the  bench,  in  each  county,  to  discharge  all  the 
duties  that  could  be  discharged  in  that  county 
by  the  District  and  County  Judges,  and  we 
have  those  duties  performed,  too,  more  expe- 
ditiously, and  more  economically  ;  and  we,  at 
the  same  time,  obviate  the  necessity  of  an  ap- 
peal from  the  County  Judge,  or,  if  you  please, 
from  the  Justices  of  the  Peace  to  the  County 
Judge,  and  from  the  County  Judge  to  the  Dis- 
trict Judge,  and  then  again  from  the  District 
Judge  to  the  Supreme  Court.  We  rid  ourselves 
of  all  this  delay  and  dilficulty  by  adopting  this 
resolution,  and  thus  we  avoid,  as  it  were,  two 
intermediate  stumbling-blucks  in  the  way  ot 
justice,  wiping  them  out  of  our  judicial  system 
altogether.  In  each  of  those  inferior  courts, 
expenses  are  necessarily  incurred,  and  time 
wasted  by  litigs.nts,  before  they  can  reach  the 
court  of  final  resort. 

Not  only  that,  Mr.  Chairman,  but  if  you 
adopt  the  system  proposed,  you  dignify  the 
character  of  your  judiciary  in  the  several  coun- 
ties, and  secure  the  respect  of  litigants  for  the 
courts,  to  a  degree  which,  I  humbly  submit, 
they  do  not  always  challenge  at  the  present 
time.     Further  than  that,  you  also  secure  the 


services  on  the  bench,  of  men  of  ability — men 
in  whom  the  community  can  confide.  You  get 
men  whose  qualifications  are  known,  coming 
from  the  neighborhoods  in  which  they  are 
elected,  and  knoAn  to  all  the  citizens  within 
their  counties,  and  you  avoid  the  gr  at  strug- 
gle which,  aside  from  political  considerations, 
would  always  be  sure  to  arise,  to  a  certain  ex- 
tent, under  the  old  system  of  judicial  districts 
comprising  several  counties  in  each,  between 
the  different  counties  of  those  respective  dis- 
tricts, where  men  would  naturally  be  combat- 
ting and  struggling  over  the  question  of  which 
county  should  present  the  candidate  for  Dis- 
trict Judge. 

As  I  did  not  propose  to  myself,  when  I  left 
home,  to  occupy  much  of  the  time  of  this  Con- 
vention in  discussing  any  of  the  questions  that 
might  come  before  it,  (although  1  have  desired 
on  several  occasions  to  do  so,  on  important 
questions  arising  in  the  Convention.)  I  shall 
leave  other  gentlemen  to  discuss  this  question 
more  fully,  if  they  desire  to  do  so.  I  liope  the 
resolution  will  be  adopted,  for  I  foresee  mani- 
fold benefits  likely  to  accrue  to  the  community 
from  the  establishment  of  such  a  system. 

Mr.  HAW  LEY.  One  word  by  way  of  sug- 
gestion. Under  the  present  distribution  of  the 
revenues  of  our  Territory,  I  believe  it  is  pro- 
vided that  five-thirteenths  of  the  taxes  in  tach 
county  shall  be  transferred  to  the  territorial 
fund,  to  be  applied  to  liquidating  the  territo- 
rial indebtedness  ;  and  a  portion  of  that  fund, 
as  is  well  known,  is  applied  to  the  payment  of 
the  judges  under  our  present  judicial  system. 
Now,  tliis  serious  objection,  I  think,  will  be 
raised  by  many  of  our  citizens  to  the  adoption 
of  this  provision,  unless  it  can  be  obviated  and 
removed  in  some  manner;  that  if  we  continue 
to  pay  to  the  State  treasury,  under  the  State 
organization,  the  same  pro-rata  of  the  revenue 
rt'ceived  in  each  county,  it  must  be  apparent 
that  out  of  what  remains,  (which  has  hereto- 
fore been  used  exclusively  for  county  pur- 
poses), the  county  will  be  called  upon  to  pay 
this  additional  charge  for  the  salary  of  its 
judges.  I  am  heartily  in  favor  of  the  proposi- 
tion, but  I  still  think  that,  in  the  wisdom  of  the 
Convention,  some  provision  may  and  should  be 
made  to  retain  in  the  respective  counties  a 
portion  of  the  amount  hitherto  paid  to  the 
territorial  treasury,  for  the  purpose  of  enab- 
ling the  countiis  more  readily  to  meet  the  ad- 
ditional expense  required  for  the  payment  of 
the  salaries  of  the  county  judges.  In  our 
county  we  pay  the  county  judges  fifteen  hun- 
dred dollais  per  annum,  and  under  this  esti- 
mate we  are  expected  to  pay  the  district  judge 
of  the  county  four  thousand  dollars,  which  is  a 
very  heavy  increase.  I  hope  this  suggestion 
will  be  taken  into  consideration,  if  it  is  deemed 
to  be  worth  anything. 

Mr.  BANKS.  I  have  considered  this  matter 
now,  I  suppose,  about  a  half  an  hour  in  all, 
and  I  presume  that  most  of  the  members  of  the 
Convention  have  not  considered  it  much  longer. 


234 


JUDICIAL  SYSTEM. 


[8th  day. 


Tuesday.] 


JOHXSOX. 


[July  12. 


It  iR  proposed  by  this  resolution  to  direct  the  j 
Committee  on  the  Judiciary  to  make  a  radical  I 
clian<ic  in  the  judicial  system  which  has  gener- j 
ally  prevaihd,  and  with  which  we  have  here- 1 
tot'ore  been  familiar.  Now.  sir,  it  seems  to  me  ! 
that  that  discretion  proposed  to  be  given  to  the 
Committee  on  the  Judiciary  is  a  correct  and 
proper  one:  and  I  have  found  during  tlie  half 
hour  which  I  have  bi'en  considering  the  sub-j 
ject.  not  one  good  objection  to  it.  But.  at  the  j 
same  time,  I  do  not  think  it  is  proper  for  this  j 
Convention,  on  so  brief  a  consideration,  to  in 
struct  the  Judiciary  Committee  absolutely  to  , 
do  auytiiing  of  the  kind.  I.  for  one,  would ; 
very  much  rather  ri.-k  the  united  judgments  of, 
that  committee  on  so  important  a  subject,  than  j 
my  own  judgment,  or  the  judgment  of  this 
Convention,  upon  so  short  a  notice,  in  regard 
to  making  so  radical  a  change.  I  think  how- 
ever, this  resolution  is  one  which  it  is  very 
desiralile  for  that  committee  to  consider,  and  1 
hope,  therefore,  that  the  whole  matter  will  be 
referred  to  the  Judiciary  Committee,  to  report 
just  as  they  please ;  and  when  they  do  report, 
we  can  be  prepared  to  consider  the  question,  or 
at  least  when  their  report  is  brought  up  for 
final  action.  I  would  prefer  that  the  resolution 
should  be  laid  on  the  taltle  for  future  consid- 
eration, but  I  shall  not  make  that  motion  be- 
cause others  may  wish  to  express  their  views. 
D(;fore  the  final  vote  is  taken,  however,  I  shall 
make  the  motion  to  lay  the  resolution  on  the 
table,  because  I  deem  it  improper  to  instruct 
the  committee  on  so  important  a  subject  after 
so  little  deliberation. 

Mr.  JOHNSON.  It  will  be  seen,  that  some 
action  will  be  necessary,  other  and  further 
than  that  proposed  by  the  gentleman  from 
Humboldt,  (.Mr.  B.inks,)  in  order  to  meet  this 
question,  by  authorizing  a  certain  course  of 
action  on  the  i)art  of  the  Judiciary  Committee. 
As  one  member  of  that  committee,  I  would 
scarcely  feel  mys  If  authorized,  so  far  as  my 
vote  would  go.  to  incorporate  in  the  report 
which  the  committee  is  to  make,  any  provis- 
ions contemplating  the  estal)lishment  of  such 
radical  changes  in  our  Constitution  as  are  em- 
bodied in  this  resolution,  unless  I  were  so  di- 
rected iiy  instructions  emanating  from  this 
Convention.  \Ve  have  adopted,  as  the  basis  of 
our  action,  the  Constitution  prepared  by  the 
former  Convention.  That  Constitution  em- 
bodies, in  a  general  way  it  is  true,  what  I  must 
regard  as  certain  instructions,  from  whieh  1 
would  not  conceive  myself  at  liberty  to  deviate 
materially,  by  making  any  such  radical  change 
as  is  pr<jposed  in  the  residuticni  I  have  offered, 
unless,  as  1  before  remarked,  it  were  done  di- 
rectly under  the  sanction  of  the  Convention. 
Now,  the  Judiciary  Committee  have  had  two 
meetings,  and  thi;y  have  discussed  the  features 
i-mbraced  in  several  sections  of  this  article  on 
the  Judicial  Department,  as  contained  in  tlie 
old  Constitution,  and  they  have  finally  reachi'd 
that  point  in  their  d(!lil)erations  where  it  has 
become  necessary  to  devise  or  adopt  some  gen- 


eral system,  if  not  that  proposed  in  this  reso- 
lution, then  something  which  is  in  conformity, 
or  at  least  approximating  to  conformity  with 
the  .system  prescribed   in  the  old  Constitution. 
Membirs  of  the  Convention,  I  am  sure,  will  ap- 
preciate the  importance — having  in  view  the 
progress  made  in  other  portions  of  our  work — 
of  obtaining,  at  the  earliest  possible  moment, 
a  report  from  the  Judiciary  Committee  ;  for  I 
do  not  conceive  that  there  can  possibly  arise, 
in  other  portions  of  the  Constitution  yet  to  be 
acted  upon,  many  vexed  questions,  and  certain- 
ly none  involving  consequences  so  important 
to  the  people  of  this  Territory,  or  State,  as  that 
which  will  be  involved   in  the  adoption  of  our 
judicial  system.      Now,  if  the  Judiciary  Com- 
mittee, regarding  itself  as  instructed  by  the 
previous  action  of  this  Convention,  in  adopting 
as  its  basis  the  Constitution  framed  by  the  for- 
mer Convention,  should   proceed  to  embody  ia 
its  report  the  same  judicial  features  as  are  con- 
tained in  that  Constitution,  and  if,  when  they 
come  to  present  that  report,  it  should  prove  to 
be  the  sense  of  the  Convention  to  make  those 
radical  changes  proposed  in  this  resolution,  or 
to  make  any  material  changes,  then  gentlemen 
will  perceive  that  we  shall   be  under  the  neces- 
sity of  expending,  either  in  Committee  of  the 
Whole  or  in  Convention,  a  great  amount  of 
time  and   labor.      Gentlemen    know    how    in- 
efficient   and   unsatisfactory,    often-times,   are 
amendiuents  which  are   proposed   in   a   large 
body  like  this,  upon  the  spur  of  the  moment, 
when  a  sulyect  is  under  consideration.     Delay 
is  necessarily  involved  in  correcting  the  phrase- 
ology  of    such   amendments,    so  as    to    meet 
the    particular    points    desired.       And     espe 
cially  in  this  judicial  feature  of  the  Constitu- 
tion, must  the  language  be  framed  with  great 
care.     The  whole  frame-work  of   our  judicial 
system  must  be  so  adjusted,  and   the   various 
parts  of  it  must  be  so  harmoniously  dovetailed 
together,  that  there  can   be   no  misconception 
as  to  the  powers  of   the  different  courts  and 
judges,   as   to  their  jurisdiction,    the  right  of 
appeal,  etc.      Obviously,  this  work  cannot  be 
so  efficiently  perforiued  either  in  the  Committee 
of    the    Wtiole    or   in    the   Convention,    as   it 
can  ije  by  the  Judiciary  Committee,  provided 
that  committee  is  so  authorized.      Then,  when 
the   report  of   that  committee  shall   be  pre- 
sented, it  will  be  in  as  perfect  a  state  as  the 
committee  can   get   it,   and  it  will  be  before 
the  Convention,  suljject  of  course  to  such  alter- 
ations or   amenilments   as    any   member   may 
see  fit.  to  pr(jpose  for  tlie  action  of  the  Conven- 
tion itself,     i'.ut  these  proi)Osed  changes  are  so 
radical  and  extensive  in   their  character,  per- 
vading many  sections,  that  if  they   are  to  be 
adopted  at  all.  the  whole  article  will  necessarily 
re((iiire  to  l)e  remodelled — almost  every  section. 
It  certainly  will  be  a  great  saving  of  time  and 
laldir;  therefore,   if   the  Convention  will  take 
such  action  now,  as  may  be  regarded  in  the  light 
of  instructions  to  the  committee,  and  it  was  with 
'  that  object  that  I  prescutcd_this  resolution. 


8th  day.] 


JUDICIAL  SYSTEM. 


235 


Tuesday,] 


Collins. 


[July  12. 


I  regret  that  circumstances  have  been  such 
as  to  prevent  its  introduction  at  an  earlier  pe- 
riod, for  I  can  appreciate  the  importance  of 
the  question,  and  how  difficult  it  is,  with 
scarcely  any  opportunity  for  consideration  or 
conversation  among  members,  to  pass  upon  a 
matter  of  so  much  moment.  But  the  thought 
only  occurred  to  me  after  the  last  adjourn- 
ment of  the  Committee  on  the  Judiciary, 
since  when,  I  have  had  an  opportunity  of  con- 
ferring with  but  two  or  three  members  of  that 
committee.  It  seemed  to  meet  their  concur- 
rence, and  hence  arose  the  idea  that  we 
should  get  the  instiuctions  of  the  CoiM'en- 
tion  on  the  subject,  and  also  the  views  of  other 
members,  whose  opinions  I,  for  one,  value  most 
highly,  and  am  very  desirous  of  hearing  ex- 
pressed. I  think  that  before  another  meeting 
of  the  Judiciary  Committee  is  held,  whether  it 
be  at  the  present  time,  or  deferred  to  some  fu- 
ture hour  of  the  day,  we  should  have  an  ex- 
pression of  the  sense  of  the  Convention  on 
this  subject.  I  do  not  want  to  press  this  mat- 
ter with  undue  haste ;  but,  at  the  same  time,  I 
think  I  am  but  expressing  the  sentiments  of 
many  of  the  members  of  the  Judiciary  Com-  ! 
mittee,  when  I  say  loat  it  is  important  that 
action  should  be  taken  before  the  uext  meeting  [ 
of  that  committee.  i 

As  to  the  question  of  the  number  of  courts 
or  judges  iu  btorey  County,  three  districts  may 
be  necessary  in  that  county,  but  that  is  a  mat- 
ter which  I  feel  disposed  to  leave  to  the  judg-  j 
ment  of  those  who  are  the  immediate  repre- 
sentatives of  that  county.  I  believe  there 
has  been  already  an  amendment  offered  pro- 
viding for  three  judges  in  Storey  County,  in- 
stead of  two,  and  I  would  suggest,  with  a  view 
of  carrying  out  that  proposition,  considering 
the  amount  of  business  in  that  county,  it  may 
be  necessary  to  create  another  court,  and  to 
retain  there  a  County  Court  with  probate  juris- 
diction. That  might  perhaps  meet  the  difficulty, 
better  than  the  plan  of  having  three  District 
Judges,  and  for  this  reason — that  I  canuot  per- ' 
ceive  how  it  is  possible  to  make  in  the  County 
of  Storey  a  territorial  subdivision  in  such  a 
manner  as  to  divide,  with  any  degree  of  accu- 
racy, the  business  of  the  three  different  courts. . 
Yesterday,  and  until  last  evening,  it  was  my 
individual  opinion  that  those  two  courts  pro- 
posed to  be  established  in  Storey  Count}', 
should  have  concurrent  jurisdiction  ;  but  I  have  : 
given  the  matter  some  further  thouoht,  and  I : 
can  conceive  of  cases  where,  if  it  would  not  be 
absolutely  impossible,  it  would,  at  least,  be 
productive  of  very  injurious  results.  A  divis- 
ion of  the  county  might  possibly  be  made  so  \ 
as  to  embrace  two  distinct  districts,  but  I  can  ; 
not  see  how  it  could  be  divided,  with  reference 
to  mining  claims,  into  three  districts,  at  the 
same  time  conferring  on  those  courts  concur- 
rent jurisdiction.  In  a  case  where  the  plaint- 
iff and  the  defendant  reside  in  two  different 
districts,  there  would  necessarily  arise  a  strife 
as  to  where  the  jurisdiction  should  be.     The  i 


same  difficulty  would  be  encountered  in  re- 
gard to  judgments.  There  might  be  a  judg- 
ment in  favor  of  one  party  in  one  court  and 
another  in  favor  of  the  adverse  party  in  the  other 
court.  In  questions  of  injunctions,  too,  cases 
might  occur  where  the  plaintiff'  would  be  a 
resident  iu  one  d. strict  and  under  the  jurisdic- 
tion of  the  court  of  that  district,  and  the  de- 
fendant in  the  other  district,  subject  to  the  juris- 
diction of  the  other  court,  and  each  might 
make  an  application  for  a  restraining  order  in 
his  particular  district,  and  each  court  grant  it. 
Here  there  would  be  a  conflict  of  jurisdiction, 
which  no  legislation  could  possibly  cure.  To 
obviate  that  difficulty,  I  submit  that  whether 
there  be  one,  two,  or  three  distrists,  they  should 
be  subdivided  in  reference  to  territory.  I  there- 
fore propose,  or  rather,  would  suggest,  that 
the  boundary  line  between  Gold  Hill  and  Vir- 
ginia would  constitute  a  proper  dividing  line 
for  two  districts,  one  court  ext-rcising  its  juris- 
diction on  the  northerly  or  Virginia  side  of 
that  line,  and  the  other  in  the  southern  or  Gold 
Hill  portion  —  the  jurisdiction  of  each  ex- 
tending to  the  boundary  lines  of  the  county 
eastward  and  westward.  In  that  way,  I  think 
the  difficulty  might  be  obviated,  although  mem- 
bers representing  that  county  are,  undoubtedly, 
better  advised  than  I  am,  and  I  only  throw  out 
the  suggestion  for  their  consideration.  It  seems 
to  me  that  such  an  arrangement  would  very 
nearly  equalize  the  business  of  the  two  courts, 
while  if  you  create  this  third  court,  I  do  not 
see  how  you  can  make  any  subdivision  by  which 
you  will  obtain  a  just  equalization  of  the  busi- 
ness at  all.  Then  by  continuing  this  County 
Court — or,  if  you  please,  let  it  be  called  the 
Probate  Court,  for  the  name  is  not  material — 
with  the  same  jurisdiction  as  is  contemplated 
under  the  old  Constitution,  you  can  dispense 
with  the  necessity  for  a  third  District  Court, 
and  can,  at  the  same  time,  secure  the  same  ad- 
vantages. But  these,  as  I  before  remarked, 
are  all  matters  more  properly  for  the  consider- 
ation of  the  Storej  County  representatives. 

As  to  the  matter  of  action  being  had  upon 
this  resolution,  or  something  of  like  import 
for  the  guidance  and  instruction  of  the  Cum- 
mittee  on  the  Judiciary,  I  believe  it  is  emi- 
nently proper  that  such  action  should  be  had. 

Mr.'  COLLINS.  I  feel  inclined  to  agree  with 
the  gentleman  from  Humboldt,  (Mr.  Banks), 
that  we  should  not  dispose  of  this  matter  with- 
out due  consideration.  I  confess  I  would  like 
to  hear  some  objuctions  presented  against  this 
radical  innovation  upon  our  judicial  system.  I 
have  given  the  proposition  considerable  atten- 
tion since  it  was  presented  to  me  last  night  by 
the  gentleman  from  Orsniby,  (Mr.  Johnson), 
and  I  must  say,  that  it  struck  me  then,  and 
strikes  me  now.  the  more  I  think  of  it,  as  a  very 
lirilliant  thought,  and  one  which  if  reduced  to 
practice  will  be  likely  to  place  us  all  under 
great  obligations  to  its  author.  If  there  is  any 
one  thing  more  than  another  that  tends  to  pro- 
duce discouragement  iu  our  community,  it  is 


236 


JUDICIAL  SYSTEM. 


[Sth  day. 


Tuesday,] 


DeLoxg. 


[July  12. 


the  difficulty  and  expense  attending  our  litiga- 
tion. In  all  small  matters,  even  if  a  man  is  the 
gainer  in  litjiiation,  he  is  a  los'^r  in  the  end.  I 
have  hop'tofdre  l)een  consideral)ly  embarrassed 
in  my  o-.vn  mind,  in  endeavoring  to  discover 
pome  mode  by  which  we  could  do  justice  to  the 
0  itside counties,  in cst.»blisliin;,'a.iudcial system 
to  meet  their  wants,  as  well  as  tlie  wants  of  the 
more  populous  counties.  The  capital  of  Doug- 
las is  some  eighty  miles  from  the  county  seat  of 
Esmeralda  County ;  and  how  difficult  it  is  for 
citizi-ns  of  that  county  to  attend  the  Disirict 
Court,  whether  to  make  an  answer  in  a  suit,  or 
to  attend  the  sittings  of  the  court  in  bench  or 
at  chambers.  And  just  so  it  is  with  every 
county  which  is  extensive  in  territory  and 
sparse  in  population.  It  occurs  to  me,  inas- 
much as  every  county  must  have  a  County 
Judge,  that  we  might  as  well  give  something 
more  of  dignity  to  that  officer,  and  enlarge  his 
jurisdiction.  That  would  have  a  tendency  to 
bring  a  more  efficient,  learned  and  intelligent 
officer  upon  the  bench,  and  a  judge  would  cer- 
tainly be  none  the  less  qualified  to  discharge 
the  lesser  duties  of  a  County  Judge  because 
he  was  amply  qualified  to  discbarge  the  duties 
of  the  higher  jurisdiction.  It  seems  to  me  tliat 
such  a  system  would  be  effici(!nt,  and  that  by 
this  means  we  would  enable  the  litigants  to 
have  their  cases  adjudicated  more  promptly, 
and  with  very  considerably  le.ss  expense.  The 
C  >urts  could  then  be  in  session,  if  necessary. 
the  greater  portion  of  the  entire  year,  and  that 
is  an  important  consideration,  for  the  delay  of 
justice,  under  our  present  s^'stem.  is  practically 
a  bar  to  justice,  and  anything  that  will  con- 
spire to  hasten  litigation,  to  bring  about  some 
determination,  what  :ver  the  result  to  the  liti- 
gants may  be,  is  practically  an  improvement 
on  the  slow  and  tardy  movements  of  our  pres- 
ent system. 

I  do  hope,  if  gentlemen  in  the  Convention 
see  any  practical  objections  to  this  system. 
they  will  present  them  now.  I  am  far  from 
being  desirous  of  making  a  radical  leap  into 
anything  like  sweeping  changes,  especially  in 
so  important  a  matter  as  the  judicial  system  ; 
but  this  proposition  does  seem  to  me  to  be 
plain,  clear  and  practical,  and  so  far  as  it  is  a 
change,  it  is  all  for  the  i)enefit  of  the  respective 
countii's.  Then  again  it  is  a  cheap  system.  As 
every  county  must  have  its  judge,  at  all  events, 
by  th"'  adilitiimal  ex|)<'nse  of  one.  two,  or  three 
thousand  (bdlars  a  yi-ar.  in  tlw;  way  of  increased 
salary,  you  place  within  the  reach  of  each 
county  all  the  facilities  and  ai)ivliances  neces- 
sary for  the  prompt  ami  spee-dy  adju<lication  of 
all  the  litiL'ation  which  miy  arise.  That  will 
save  this  State  very  many  thousands  of  dol- 
lars, if  not  millions. 

I  do  bcli(;ve  that  if  this  resolution  is  adopt- 
ed, and  the  system  it  contemplates  pri'sented 
to  the  electors  of  this  Territory,  it  will  have 
a  very  material  influence  in  securing  the 
adoption  of  the  Constitution  which  we  are  fiam- 
ing.  'jy  tljc  people  of  this  Territory. 


Now,  so  far  as  Storey  County  is  concerned, 
I  would  be  very  unwilling  to  see  a  system 
adopted  or  attempted  to  be  put  in  practice,  ia 
that  county,  which  should  provide  for  three 
judicial  districts,  or  for  confining  the  litiga- 
tion entirely  to  the  District  Courts.  There  is 
a  vast  amount  of  minor  litigation  in  that 
county  which  should  be  confined  to  a  court  of 
inferior  jurisdiction.  If  you  invest  the  County 
Court,  or  Prol)ate  Court — it  m;  tt.TS  not  what 
you  call  it  —  with  jurisdiction  in  all  cases 
amounting  to  five  hundred  dollars,  together 
with  all  cases  that  may  come  before  it  in  re- 
gard to  mechanics'  liens,  and  in  regard  to 
forcible  entry  and  unlawful  detainer,  giving  it, 
also,  all  the  criminal  jurisdiction,  with  the  ex- 
ception of  homicide,  I  am  of  the  opinion  that 
that  court  will  have  all  it  can  possibly  do. 
Then — if  you  establish  two  District  Courts, 
though  the  question  of  jurisdiction  may  be 
attended  v/ith  some  difficulties,  yet  those  diffi- 
culties could  be  obviated  to  a  great  extent — I 
think  that  Storey  County  will  be  able  to  clear 
up  its  docket,  and  place  its  property  in  a  con- 
dition free  from  the  embarrassment  of  the  never- 
ending  litigation  by  which  it  is  now  nearly  all 
tied  up.  That  will  give  Storey  County  a  great 
advance  in  the  value  of  its  property,  and  in 
its  improvement  and  development.  For  these 
reasons,  I  trust  that  the  instruction  will  pre- 
vail, and  that  the  resolution  will  be  adopted 
now,  unless  gentleman  of  the  Convention  have 
strong  objections,  and  are  willing  to  present 
them.  For  one,  I  will  listen  attentively  to  any 
objections.  If  there  be  any,  1  certainly  want 
to  know  them,  and  if  they  prove  to  be  good  and 
valid  objections  I  shall  vote  against  the  adop- 
tion of  the  resolution.  On  the  other  hand,  unless 
objections  are  presented,  I  shall  vote  most 
heartily  for  the  resolution. 

Mr.  DeLONG.  Certainly  this  is  a  very  novel 
proposition  ;  at  all  events,  it  is  one  that  had 
never  before  presented  itself  to  my  mind.  I 
have  been  listening  with  a  great  deal  of  atten- 
tion to  all  that  has  been  said  on  the  subject, 
conning  over  in  my  mind  as  rapidly  as  I  could 
the  prol)able  working  of  this  scheme,  if  carried 
into  effect,  and  trying  to  determine  for  myself 
whether  or  not  it  would  have  an  injurious  ef- 
fect. I  suppose  I  am  mentally  constituted  like 
other  men,  and  I  approach  the  consi<leration  of 
this  change,  which  the  gentleman  from  Ormsby 
has  ))roperly  called  a  radical  change,  with 
some  degree  of  prejudice,  or,  at  all  events,  of 
hesitation.  Since  it  has  been  my  privilege  to 
l)e  a  member  of  the  bar,  I  have  always  prac- 
tised in  a  country  where  a  system  prevails 
somewhat  similar  to  our  present  system — a  sys- 
tem of  Pribate  and  County  Judges,  District 
Judgi.'s  and  Suiireme  Court  Judges — and  it  is  a 
little  singular,  perhaps,  that  1  should  never 
hav(;  thought  of  the  system  proposed  by  this 
resolution.  I  have  thought  very  frequently, 
however,  of  the  miserable  working  of  the  old 
system,  in  many  respects,  and  since  the  discu.s- 
sion  has  been  going  on  here  to-day,  I  have  beea 


8th  day. 


JUDICIAL  SYSTEM. 


237 


Tuesday,] 


DEliONG. 


[July  12. 


carefully  trying  to  discover  some  reason  why 
this  system  should  not  work  well,  because  it 
appeared  to  me  that  there  must  be  some  rea- 
son, inasmuch  as  a  different  system  has  so  long 
been  acted  upon  elsewhere.  But  after  that 
careful  reflection,  I  declare  that  I  cannot  yet 
see  any  objection  to  the  system  proposed.  It 
appears  to  my  mind  clear  and  reasonable.  It 
saves  to  clients  a  great  amount  of  expense,  by 
having  a  permanent  court,  instead  of  having  a 
traveling  court,  going  about  like  a  band  of 
Bohemians  or  Thespians — a  system  which  I 
have  always  regarded  with  disfavor.  If  you 
have  a  District  Court  in  each  of  the  counties, 
a  man  cannot  sneak  ofl',  in  a  sly  way,  and  get 
out  an  injunction  somewhere  else,  stopping  the 
work  upon  a  whole  mine,  when  it  would  require 
three  months  for  the  opposite  party  to  have 
the  injunction  dissolved,  because  it  is  im|.ossi- 
ble  to  get  the  District  Judge  to  hear  the  case, 
and  the  County  or  Probate  Judge  cannot  hear 
it,  and  reverse  the  decision  granting  such  in- 
junction. The  facility  for  obtaining  injunc- 
tions in  that  way,  is  a  great  anomaly  in  our 
system,  which,  with  other  evils,  I  would  like  to 
see  abolished. 

I  am  frank  to  admit  that  though  the  system 
here  proposed  is  to  me  entirely  novel,  yet  I 
cannot  find,  in  my  own  mind,  a  single  valid  ob- 
jection to  it — not  one.  I  think,  however,  in 
order  to  save  the  Supreme  Court  from  consid- 
ering au  almost  endless  amount  of  trifling  mat- 
ters, we  shall  have  to  enlarge  the  jurisdiction 
of  justices  of  the  peace,  and,  probably,  we 
should  give  the  right  of  appeal  from  the  Jus- 
tice's Court  to  the  District  Court,  and  make  it 
final  there,  without  the  power  to  go  to  the  Su- 
preme Court  ;  otherwise,  as  gentlemen  are 
aware,  and  every  member  of  the  bar  certainly 
knows,  every  trivial  case  will  go  into  the  Su- 
preme Court.  lu  nine  cases  out  of  ten,  men 
who  go  into  litigation,  even  for  an  amount  not 
exceeding  fifty  dollars,  would  carry  it  to  the 
Supreme  Court  of  the  United  States  before 
they  would  stop,  if  they  could  get  it  there. 
But  if  you  limit  the  right  of  appeal  in  all 
small  cases  to  the  District  Courts,  then  you 
will  have  but  one  appeal,  and  the  Supreme 
Court  will  properly  take  congizance  of  all 
cases  involving  large  amounts.  I  think  if  this 
resolution  is  adopted,  I  would  be  in  favor  of 
giving  jurisdiction  to  justices  of  the  peace  in 
cases  amounting  to  five  hundred  dollars,  then 
allowing  an  appeal  to  the  District  Court — not 
to  be  tried  de  novo  there,  but  to  be  tried  upon 
statements  on  appeal — and  let  the  decision 
there  be  final,  as  the  judgment  of  the  court  of 
last  resort  finally  determines  the  appeals  from 
the  District  Courts.  In  that  way,  we  insure  a 
speedy  end  to  litigation.  I  am  not  in  favor  of 
having  more  than  one  appeal  in  any  case,  for  I 
have  always  been  of  the  opinion  that  when  a 
man  is  twice  beaten,  he  ought  to  throw  up  his 
hand  and  acknowledge  that  he  has  got  the 
worst  of  the  two. 
I  do  uot  know  that  I  assent  entirely,  how- 


ever, to  the  idea  of  instructing  the  Judiciary 
Committee  in  this  matter.  I  think  it  will  have 
just  as  happy  an  eflect  to  allow  the  resolution 
to  go  to  the  Judiciary  Committee  without  in- 
structions, as  witb  them,  because,  from  what  I 
have  seen  of  that  committee,  I  have  found  it 
to  be  composed  of  men  of  good  practical  judg- 
ment, and  with  no  foolish  pride  of  opinion, 
but  on  the  contrary,  ready  at  once  to  consider 
any  suggestion  which  commends  itself  jonma 
facie  to  their  judgment.  I  tliink  they  are  all 
favorably  inclined  to  this  proposition  now,  and 
unless  some  new  view  shall  present  itself  to 
the  minds  of  one  or  more  of  its  members,  when 
they  meet,  I  am  satisfied  that  they  will  as  read- 
ily agree  to  adopt  this  system  without  instruc- 
tions, as  they  would  with  them.  If  you  in- 
struct them,  then  when  they  go  into  committee 
their  hands  are  tied,  and  they  cannot  help 
themselves,  whatever  objections  may  be  urged. 
That,  I  think,  would  operate  badly,  and  at  all 
events,  it  could  be  productive  of  no  good. 

Although  it  is  hardfy  pertinent  in  this  con- 
nection, yet  in  reply  to  tbe  remarks  of  the  gen- 
tleman from  Ormsby  (Mr.  Johnson)  in  relation 
to  my  own  County  of  Storey,  I  would  state, 
as  one  of  the  delegates  from  that  county,  that 
I  would  be  unwilling  to  favor  any  proposition 
to  divide  the  county  into  districts.  I  think  it 
would  be  productive  of  a  great  deal  of  trouble 
and  annoyance,  both  to  litigants  and  to  practi- 
tioners in  such  districts;  and  the  trouble  which 
the  gentleman  thinks  is  likely  to  result  from 
giving  the  judges  concurrent  jurisdiction,  it 
appears  to  me  would  be  found  not  to  exist.  A 
suit  must  be  conducted  in  the  court  in  which  it 
is  begun,  and  the  plaintiff,  of  course,  always 
commences  the  suit.  He  can  only  commence 
it  in  some  one  court  having  competent  juris- 
diction, and  the  defendent  then  cannot  rush  off 
and  commence  suit  against  him  in  another 
court,  because  the  fact  that  a  suit  involving 
the  same  subject  matter  was  pending  in  one 
court  would  be  a  bar  to  a  suit  in  another  court. 
If  B  owes  A,  A  only  can  sue,  and  if  B  owns 
property  and  A  sues  him  for  it,  it  is  hardly  a 
probable  case  that  A  is  going  to  attempt  to 
bring  his  suit  in  two  courts  ac  the  same  time. 
Another  thing  :  in  New  York,  as  I  understand — 
although  I  do  not  know  the  fact,  having  growa 
up  almost  entirely  upon  this  coast — they  have 
Supreme  Courts  in  certain  districts  having  con- 
current jurisdiction.  In  the  city  of  New  York, 
for  instance,  they  have  a  Supreme  Court  with 
several  Judges,  (the  court  of  final  resort  being 
known  as  the  Court  of  Appeals,)  and  there 
they  have  found  no  trouble  whatever  in  rela- 
tion to  jurisdiction.  The  rule  there  is  this, 
that  the  first  suit  abates  the  second  ;  and  un- 
doubtedly we  might  have  the  same  rule  here. 
If  A,  B,  and  C  own  property  which  D  unlaw- 
fully took,  A  commences  suit  in  the  first  dis- 
trict, B  in  the  second,  and  C  in  the  third,  but 
B  and  C  would  have  to  await  the  detcrminatioa 
of  the  first  suit  brought  by  A  for  the  same  sub- 
ject matter,  and  it  would  be  a  good  plea  ia 


238 


JUDICIAB  SYSTEM. 


[8th  day. 


Tuesday,] 


Johnson. — DeLong — Dunne. 


[July  12. 


abatement  put  la  in  the  second  suit  that  a  pre- 
vious suit  had  been  commenced  for  the  same 
suiiject  matter.  It  would  unquestionably  have 
the  etTfCt  to  abate  the  i)roceedlugs,  and  throw 
the  cost  on  the  jjlaintill'.  and  that  would  soon 
teach  gentlemen  better  than  to  commence  sev- 
eral suits  for  the  ?ame  suliject  matter.  They 
would  not,  by  that  means,  injure  the  defendant 
at  all,  but  would  only  mulct  themselves  in 
costs.  Suppose  A  claims  a  mining  claim,  and 
B  enters  thereon  and  commences  to  exhaust  the 
estate  by  taking  from  it  the  metallic  ore.  A 
goes  and  files  his  complaint  in  ejectment,  and 
Lis  bill  in  equity,  ancillary  thereto,  praying 
for  an  injunction.  Now,  how  i.s  it  possible  for 
B  to  turn  around  and  sue  A  for  having  wasted 
the  estate,  or  for  trespass,  or  for  being  in  pos- 
ses.«ion,  when  he,  the  plaintiff  himself,  is  in 
possession,  and  the  only  party  who  had  taken 
out  ore  ? 

Mr.  JOII\.SON.  I  will  explain  that  point, 
with  the  gentleman's  permission.  I  infer  that 
his  experience,  and  cert^iinly  my  own  observa- 
tion in  his  county,  has  demonstrated  it  clearly. 
Here  is  a  ledge  of  which  A  claims  to  be  in 
possession,  and  B  also  claims  po.«session,  hav- 
ing actual  possession  of  another  adjoining 
ledge,  perhaps,  and  upon  some  hypothesis 
claiming  that  the  po.ssession  of  one,  gives 
him,  rightfully,  possession  of  the  whole.  B, 
being  in  possession  and  extracting  valuable 
ore,  A  institutes  a  suit  and  obtains  an  injunc- 
tion against  B.  Whilst  that  suit  is  pending,  B 
in  turn  brings  his  action  against  A,  setting 
forth  that  A  is  a  trespasser,  and  is  extracting 
valuable  ore.  Now,  in  a  case  of  that  kind, 
cannot  the  parties  make  their  applications  in 
ditft-rent  courts,  each  having  co-extensive  juris- 
diction, and  would  not  there  then  be  a  conflict 
of  jurisdiction? 

Mr.  DkLONG.  I  see  the  gentleman's  point ; 
but  that  difticulty  cannot  arise  where  there  are 
two  District  Courts  any  more  readily  than 
■where  there  is  only  one.  Suppose  one  party 
holds  possession  of  a  claim  which  another 
party  owns,  and  each  brings  suit  against  the 
oilier,  would  not  the  same  subject  matter — 

Mr.  DUNNE  (interrupting.)  1  rise  to  a  point 
of  order.  The  jurisdiction  of  the  courts  in 
Storey  County  is  not  before  the  Convention, 
and  this  discussion,  it  seem  tome,  is  taking  up 
too  much  of  our  tim-. 

The  I'liKSlDENT,  -pro  tern.  (Mr.  Crosman) 
overruled  the  point  of  order. 

Mr.  JUIIN.SON.  In  the  instance  which  the 
gentleman  states,  where  application  is  made  to 
the  same  District  Court,  I  admit  that  the  ditri- 
culty  could  not  arise,  and  tiiat  the  decision  of 
one  ca.se  necessarily  or  ordinarily  would  inclnde 
the  merits  of  the  other,  and  the  rights  of  the 
parties  therein.  It  is  not  usually  the  case, 
although  such  instances  have  occurred  wherein 
both  parties  have  been  restrained,  and  then, 
•when  the  judge  in  deciding  the  one  case  passes 
upon  the  rights  of  one  party,  the  dicison 
necessarily  involves  the  relative  rights  of  both 


and  the  conflicting  claims  of  the  adverse  par- 
ties are  decided  in  the  same  case.  But  that  Is 
the  practical  working  of  a  system  where  there 
is  only  one  judge  instead  of  two.  If  there  were 
two  judges  passing  upon  the  relative  rights  of 
the  parties,  one  judge  might,  in  his  opinion, 
take  the  view  that  one  of  the  pai  ties  had  supe- 
rior rights,  and  the  other,  that  the  other  party's 
rights  were  superior,  and  thus  a  conflict  of 
jurisdiction  would  ioevital)ly  arise. 

Mr.  DeLONG.  Nothing  is  more  frequent  in 
the  practice  of  our  courts,  than  where  a  suit  is 
commenced  by  one  party,  for  the  party  sued  to 
bring  a  cross-.suit.  For  instance,  the  Uncle 
Sam  Company  brings  a  suit  against  the  Over- 
man, and  the  Overman  turns  round  and  sues 
the  Uncle  Sam,  for  the  same  property,  in  the 
same  court,  and  in  the  same  character  of  ac- 
tion. The  Uncle  Sam  is  in  possession  of  a  part 
of  the  mine,  and  claiming  the  whole,  and  so  is 
the  Overman.  Very  well,  if  the  Overman  did 
not  commence  a  suit,  the  Uncle  Sam  would 
allow  the  time  fixed  l»y  the  statute  of  limita- 
tions to  expire,  and  then,  when  it  was  satisfied 
that  the  Overman  could  not  obtain  possession, 
it  would  bring  its  suit  against  them.  Now 
what  do  they  do  ?  The  Overman  has  sued  the 
Uncle  Sam,  and  the  Uncle  Sam  has  sued  the 
Overman,  in  the  same  kind  of  action;  but 
there  is  a  provision  in  our  code  for  the  consoli- 
dation of  actions,  and  the  court  immediately 
directs  that  both  actions  be  consolidated  into 
one,  to  save  the  parties  the  expense  and  trouble 
of  two  suits. 

Mr.  JOHNSON.  How  would  you  do  this,  if 
the  actions  were  brought  in  ditterent  Courts? 

Mr.  DeLONG.  Why,  we  would  do  it  with 
the  greatest  ease,  by  your  Legislature  passing 
an  act,  under  this  Constitution,  providing  that 
when  more  than  one  suit  is  commenced  and 
pending  between  parties  in  relation  to  the  same 
cause  of  action,  whether  it  be  in  one  court  or 
more,  on  motion  of  either  of  the  parties,  the 
cases  should  be  consolidated  and  tried  in  the 
court  where  the  first  action  was  brought. 

Mr.  JOHNSON.  Suppose  they  were  both 
instituted  on  the  same  day  ? 

Mr.  DeLONG.  Then  it  would  be  a  matter 
within  the  discretion  of  the  court,  which  should 
yield  the  jurisdiction  :  that,  again,  would  be 
a  case  which  you  could  regulate  by  legislation. 
You  may  say  that  the  party  who  is  plaintiff,  if 
there  is  difference  in  the  time,  shall  be  entitled 
to  consolidate  in  the  court  where  the  action 

I  was  first  commenced  ;  or,  in  the  other  case, 
you  may  establish  the  rule  that  the  court  shall 
exercise  its  discretion  as  to  the  change. 
Mr.  JOHNSON.    Suppose  there  is  a  differ- 

i  ence  of  opinion  between  the  two  courts  as  to  the 

I  exercise  of  such  discretion  ? 

Mr.  DeLONG.  Very  well';  you  can  regulate 
it  in  this  way — that  the  one  suit  shall  a'  ate  the 

I  other,  or  that  one  shall  stand  till  the  other  is 

j  tried,  and  then  the  party  may  plead  the  judg- 
ment in  that  suit,  in  abatement. 

1     Mr.  JOHNSON.    I  hope  the  Convention  will 


8th  day.] 


JUDICIAL  SYSTEM. 


239 


Tuesday,] 


DeLoNG— NOURSE— DUNXE — JOHXSOX. 


[July  12. 


excuse  me  for  makiag  these  interrogatories, 
because  I  want  to  see  how  these  difficulties  can 
be  overcome.  Now  I  will  ask,  suppose  the  two 
cases  were  commeneed  in  two  courts  at  the 
same  instant  of  time  ? 

Mr.  DeLONG.  One  can  hardly  imagine  a 
case  where  two  suits  would  be  commenced  and 
tried  instantaneously,  and  judgment  obtained 
in  both  courts  at  the  same  instant.  And  you 
would  have  to  imagine,  besides,  that  both  the 
judges  refuse  to  do  a  plain  duty,  or  to  relieve 
themselves  from  the  performance  of  a  disagree- 
able duty,  by  consolidating  the  actions  in  the 
two  courts.  I  can  imagine  how  any  law  I 
ever  read  is  liable  to  be  abused  to  some  extent, 
but  I  can  see  how  the  system  the  gentleman 
proposes  for  Storey  County  would  be  subject 
to  gross  abuse. 

The  older  portion  of  the  Comstock  lead  has 
already  been  pretty  well  litigated,  and  the  liti- 
gation is  now  passing  almost  entirely  away 
from  there  to  the  southern  portion  of  the  dis- 
trict. I  do  not  see,  therefore,  how  the  gentle- 
man's proposition  is  going  to  equalize  the 
amount  of  business  in  the  way  of  litigation 
which  these  two  courts  would  be  required  to 
transact,  because  it  is  an  incontestible  fact  that 
the  great  mass  of  litigation,  or  sulyects  of  liti- 
gation, now  lies  south  of  Gold  Hill,  where  pre- 
vious to  one  year  ago  there  was  scarcely  any 
litigation  at  all  in  relation  to  mines,  almost  all 
of  it  lying  in  that  portion  of  the  district  north 
of  the  divide,  between  Gold  Hill  and  Virginia. 

Mr.  NOURSE.  I  would  like  to  know  what 
objection,  if  any,  there  is  to  that  system  which 
has  been  tried  for  us  in  New  York,  where  the 
condition  of  things  in  regard  to  litigation  is  not 
unlike  that  now  existing  in  Virginia  City  The 
litigation  is  immense  before  the  Supreme  Court 
there.  They  have  one  district  for  the  Supreme 
Court,  with  four  judges,  and  they  have  but  one 
clerk.  The  four  judges  are  at  work  simulta- 
neously, sometimes  several  of  them  trying 
jury  cases,  or  hearing  law  cases,  and  so  on,  at  the 
same  time,  in  different  rooms.  Then  the  one 
clerk  has  his  deputies  attending  upon  each 
judge.  They  divide  up  the  calendar,  one  judge 
taking  perhaps  twenty-five  cases,  and  another 
twenty-live  cases,  and  arranging  the  calendar  in 
such  a  manner  that  the  lawyers  may  not  be 
compelled  to  be  in  attendance  in  four  dilFerent 
places  at  once.  That  system  is  found  to  work 
admirably  in  practice,  at  least  so  I  am  told  by 
those  who  have  practiced  under  it.  It  saves 
the  expense  of  clerks,  and  saves  the  necessity 
of  more  than  one  fire-proof  safe  for  keeping 
the  records,  which,  instead  of  being  .scattered 
about  in  three  or  four  different  rooms,  are  kept 
all  together.  If  there  is  no  objection  to  that 
system,  I  would  like  to  see  it  tried,  and  it 
seems  to  me  that  it  is  an  admirable  one. 

Mr.  DeLONG.  I  can  see  no  objection  to  that 
system,  and  I  think  it  would  suit  me  better 
than  the  one  I  proposed  myself.  We  can  have 
one  court  with  three  judges,  and  let  them  di- 
vide the  work  and  discharge  their  duties  coor- 


dinately,  having  but  one  place  for  the  records, 
so  that  there  would  be  no  trouble  to  find  the 
papers,  or  the  records  of  cases  passed  upon  and 
determined.  I  would  like  that  very  well,  but 
I  would  prefer  to  retain  the  Probate  Judge, 
and  have  only  two  District  Judges.  However, 
if  that  is  going  to  disturb  the  harmony  of  the 
system — for  I  believe  we  should  have  a  general 
system  of  some  kind  or  other — why,  then  I  do 
not  know  but  it  would  be  well  to  take  the  plan 
of  the  gentleman  from  Washoe  (Mr.  Nourse) 
for  Storey  County,  instead  of  the  plan  of  the 
gentleman  from  Ormsby  (Mr.  Johnson). 

Mr.  DUNNE.  I  would  suggest  to  the  mover 
of  this  resolution,  that  it  is  too  much  to  ask 
the  Convention,  upon  the  spur  of  the  moment, 
to  agree  upon  a  judicial  system  upon  which 
the  committee  themselves  do  not  agree,  as  is 
evidenced  by  the  discussion  which  has  taken 
I  lace.  I  make  the  suggestion  that  he  withdraw 
that  portion  of  his  resolution  which  requires, 
or  instructs  the  committee,  and  let  them  simply 
bring  the  matter  before  the  Convention  upoa 
their  report.  It  will  be  time  enough  to  ask  us 
to  agree  to  the  proposed  system  when  it  shall 
be  reported  from  the  Committee. 

Mr.  JOHNSON.  As  to  this  matter  of  a  ju- 
diciary system  for  Storey  County,  gcntlemea 
will  recollect  that  I  was  disposed  from  the  first 
to  leave  it  mainly  to  the  Storey  County  dele- 
gation. I  only  threw  out  a  suggestion  for 
their  consideration,  as  I  conceived  that  that 
suiiject  was  indirectly,  if  not  directly,  involved 
in  the  resolution.  The  inquiries  which  I  pro- 
pounded, were  intended  only  to  elicit  the  views 
of  other  gentlemen,  for  the  consideration  of  the 
Convention. 

I  had  a  two-fold  object  in  the  introduc- 
tion of  this  resolution.  One  fact  which  I  de- 
sired to  express  by  its  introduction  was,  that 
as  an  individual  member  of  the  committee,  I 
felt  that  we  were  in  a  measure  instructed,  by 
the  action  already  taken  by  the  Convention  in 
adopting  as  a  basis  the  old  Constitution — that, 
this  being  a  change  radical  in  its  character,  I, 
for  one,  was  unwilling  to  assume  the  responsi- 
bility, in  the  absence  of  defiaite  instructions 
from  the  Convention,  of  adopting  such  radical 
change.  The  other  purpose  I  had  in  view, 
however,  which  applies  individually  to  other 
members  of  the  Judiciary  Committee  as  well 
as  to  myself — the  other,  and  material  object 
wa.s,  to  elicit  the  views  and  opinions  on  this 
important  subject,  of  members  from  the  vari- 
ous counties,  because  the  resolution,  before 
its  introduction,  had  only  been  submitted  to 
the  consideration  of  a  few — four,  five,  or  possi- 
bly six,  at  the  most — of  the  members  of  this 
Convention.  It  seems  to  have  met  with  favor, 
however,  briefly  and  hastily  as  it  has  been 
considered,  and  if  the  Convention  do  not  feel 
authorized  to  instruct  the  committee  on  so 
material  a  matter,  upon  the  short  notice  which 
has  been  given,  yet,  at  least,  we  shall  have 
obtained  the  views  of  members  of  the  Conven- 
tion, so  that  the  committee  may  feel  authorized 


240 


JUDICIAL  SYSTEM. 


[8th  day. 


Tuesday,] 


Collins— DeLong— Johnson — Beosnan. 


[July  12. 


to  take  some  action  on  the  subject,  which 
the  Convention  may  iioreaftcr  approve. 

As  to  the  jurisdiction  of  justices  of  thi' 
peace,  that,  it  strikes  me.  is  a  matter  of  detail 
only,  and  I  regard  it  as  being  of  comparatively 
litlie  consequence  whether  that  jurisdiction 
Ehall  be  limited  to  two  hundred,  three  luiiidrcd. 
or  live  hu:idred  dollars.  The  exact  limit  of  such 
juri.-dietiou.  I  suppose,  may  be  adjusted  hereaf- 
ter. In  regard  to  the  appellate  power,  the  one 
idea  I  have  in  view  is,  that  the  Supreme  Court 
f-hall  be  the  appellate  court  from  the  District 
Courts,  and  that  the  District  Courts  shall  be 
the  appellate  courts  from  the  Justices'  Courts. 
£0  as  to  allow  but  one  appeal  in  any  given  case. 

The  other  matters  which  have  been  discussed 
in  this  connection  are  mostly,  if  not  altogether, 
matters  of  detail.  I  do  not  care  what  disposi- 
tion may  be  made  of  the  resolution  by  the  Con- 
vention, when  the  main  purpose  for  which  it 
was  introduced  shall  have  been  subserved  ;  that 
is  to  say,  the  eliciting  of  the  opinions  of  mem- 
bers. I  will  then,  if  it  is  generally  desired, 
withdraw  it.  If  the  members  of  the  Com- 
mittee on  the  Judiciary  do  net  feel  them- 
selves imperatively  bound  by  the  instructions 
heretofore  given  by  the  Convention— if  they 
feel  authorized  to  make  the  change,  as  propos- 
ed by  this  resolution  without  express  authority 
previously  given  by  the  Convention — I  am  per- 
fectly willing  to  withdraw  the  resolution,  but 
will  not  do  so  at  this  time,  if  other  gentlemen 
wish  to  speak  upon  it. 

Mr.  CULLIN^.  I  do  not  agree  with  the  gen- 
tleman from  Humboldt.  (Mr.  Dunne,)  that  this 
discussion  is  a  waste  of  time.  I  think  this  is 
the  most  important  business  to  come  before 
the  Convention,  and  from  the  colloquial  con- 
versation which  has  occurred  i)etvveen  our 
Presiilent  and  the  gentleman  from  Storey,  (Mr. 
DcLong,)  I  have,  for  one,  derived  a  great  deal 
of  benelit.  It  is  by  virtue  of  these  questions 
and  cross-questions,  that  we  are  enabled  to  ar- 
rive at  definite  conclusions. 

Now.  sir,  in  regard  to  Storey  County  ;  I  have 
been  of  the  opinion  that  that  county  ought  to 
have  two  District  ('ourts,  because  1  thought  that 
to  ha\  e  one  court  only  in  the  county,  with  two 
or  more  judges  having  concurrent  jurisdiction, 
would  lead  to  a  great  deal  of  embarrassment. 
And  I  would  ask  my  colleague  (.Mr.  DeLong) 
whether,  if  we  have  one  District  Couit  with 
more  than  one  judge,  it  will  be  in  the  pov/er  of 
litigants  to  ch.-et  which  judge  they  will  bring 
their  suits  before  ? 

Mr.  DkLONG.  No,  sir;  not  if  you  follow 
the  plan  proposed  by  the  gentleman  from 
Washoe  (Mr.  Nourse).  When  you  go  into 
court  and  commence  an  action,  you  file  your 
complaint,  and  a  demurrer  or  answer  is  filed, 
and  issue  is  joined.  Th<m  the  case  is  placed  on 
the  calendar,  whether  it  be  a  case  at  law,  in 
equity,  or  on  appeal  ;  and  when  that  calendar 
is  made  up,  that  is,  when  the  court  term  com- 
mencfs,  our  practice  would  be,  under  the 
Byslem  proposed,  for  the  Judges  to  select  from 


the  calendar  so  many  cases  to  be  tried  by  each, 
taking  alternate  cases,  for  instance.  It  would 
be  regulated  altogether  by.  a  rule  which  would 
be  established  by  the  court  it.self.  each  judge 
taking  twenty-five  or  fifty  cases,  selected  alter- 
nately from  the  calendar,  and  in  that  way  it 
would  be  impossible  for  litigants  to  know  la 
advance  before  which  of  the  judges  their  cases 
would  be  tried,  nor  could  there  be  any  picking 
of  cases  by  the  judges. 

Mr.  COLLINS.  Would  that  apply  to  the 
the  present  calendar  ? 

Air.  DeLONG.     Oh,  yes,  sir. 

Mr.  COLLINS.  I  believe  San  Francisco  has 
three  judges,  and  also  three  distinct  districts, 
and  a?  the  lawyers  in  California  generally  have 
great  admiration  for  the  New  York  practice,  I 
do  not  see,  unless  they  thought  unfavorably  of 
it,  why  they  did  not  adopt  this  system  in  San 
Francisco. 

Mr.  DeLONG.  It  was  a  very  feasible  plan 
for  the  city  of  San  Francisco  tO  divide  that  city 
into  districts,  for  the  reason  that  no  more  liti- 
gation was  likely  to  arise  in  one  district  than 
in  another.  But  that  is  not  the  case  in  Storey 
County.  If  you  divide  that  county,  the  prob- 
ability is  that  the  large  mass  of  business  will 
fall  almost  entirely  in  one  court,  to  the  exclu- 
sion, almost,  of  the  others;  and  the  same 
trouble  will  exist  in  regard  to  getting  suits 
tried  as  exists  there  now.  For  instance  :  had 
we  divided  Storey  County  a  year  ago  into  two 
districts,  drawing  the  line  between  Gold  Hill 
and  Virginia,  what  would  have  been  the  result? 
There  would  have  been  nine  new  cases  located 
south  of  that  line  to  one  north  of  it,  and  the 
consequence  would  be  that  the  Southern  District 
Judge  would  be  unable  to  try  the  cases  before 
him,  and  the  calendar  would  be  blocked  up  in 
the  same  manner  in  which  it  is  now.  But 
under  the  system  proposed  by  the  gentleman 
from  Washoe,  I  do  not  see  that  any  difficulty 
in  the  world  can  arise.  We  might  have  half  a 
dozen  judges,  and  yet  all  would  be  harmoni- 
ous. 

But  one  of  two  things  I  must  insist  upon, 
and  I  give  notice  that  I  shall  insist  upon  them, 
namely  :  that  we  shall  have  a  Probate  Judge 
who  shall  have  jurisdiction  in  cases  of  minor 
importance,  and  in  criminal  cases,  such  as  fel- 
onies, and  the  like — all  except  homicide — or 
else  we  must  enlarge  the  jurisdiction  of  Jus- 
tices of  the  Peace.  Otherwise  we  shall  have 
in  our  higher  courts  an  immense  amount  of 
imsiness  which  is  altogether  unworthy  the  at- 
tention of  a  court  of  ri  spectable  character, 
and  which  will  block  up  the  business  of  the 
courts,  to  the  exclusion  of  important  matters,  at 
all  times. 

Mr.  JOHNSON.  You  can  do  both.  You 
can  have  Probate  or  County  Judge,  and  enlarge 
the  jurisdiction  of  Justices  of  the  Peace  also. 

Mr.  BROSNAN.  The  objection  of  my  col- 
league relates  to  what  I  presume  can  be  easily 
remedied,  as  it  is  a  matter  of  detail  only.  I 
wish  to  say  only  that,  in  my  opinion,  no  trouble 


8  th  day. 


JUDICIAL  SYSTEM. 


241 


Tuesday,] 


Bkosxan—Nourse—Wakwick— Fitch— Frizell. 


[July  12. 


can  arise  from  giving  concurrent  jurisdiction 
to  two  or  three  judges  in  Storey  County.  In 
San  Francisco,  at  tlie  present  time,  there  are  not 
three  judges  for  the  city  proper,  because  the 
county  of  Contra  Costa  is  attached  to  one  of  the 
judicial  districts,  and  San  Mateo  County  is  at- 
tached to  another.  To  show  how  well  this  ar- 
rangement might  be  made  to  work  in  practice,  I 
will  state  that  in  the  first  organizfition  of  the  city 
of  San  Francisco,  there  was  a  City  Court,  having 
three  judges,  each  having  jurisdiction  over  the 
whole  city.  They  had  but  one  clerk,  and  one 
place  for  the  records  of  that  court,  and  when 
the  calendar,  as  my  colleague  (Mr.  DeLong) 
has  here  exemplified,  was  made  up  on  the  issuts 
formed  for  trial,  there  was  distributed  to  each 
of  the  judges  a  portion  of  that  calendar — to 
this  a  portion,  to  that  a  portion  ;  and  to  the 
third  the  remaining  portion — and  then  they 
went  into  separate  apartments  and  tried  their 
cases.  They  encountered  no  difficulty  under 
that  arrangement,  as  1  am  a  witness. 

The  question  was  stated  on  the  amendment 
offered  by  Mr.  Brosnan  to  strike  out  "  two  " 
and  insert  "  three." 

Mr.  BROSNAN.  I  withdraw  that  amend- 
ment. 

Mr.  NOURSE.  Such  a  thing  as  a  County 
Court  is  not  known  in  New  England,  I  believe. 
My  native  State  of  Maine  I  know  has  none,  nor 
has  Massachusetts,  nor  Minnesota ;  they  may 
have  in  Illinois,  but  I  think  not,  nor  has  Penn- 
sylvania, I  think.  At  all  events,  in  a  large 
proportion  of  the  States  of  the  Union  there  is 
no  such  thing  known  as  a  County  Court.  They 
have  Probate  Courts,  but  no  such  thing  as  a 
County  Court.  Consequently  this  proposition 
is  not  an  innovation  ;  it  is  simply  going  back 
to  an  earlier  system,  which  has  been  departed 
from  in  many  cases,  because  here  we  see  no 
necessity  for  departing  from  it. 

In  regard  to  this  matter  of  a  single  district 
having  three  judges,  it  seems  to  me  to  be  as 
simple  a  plan  as  can  well  be  provided  for 
Storey  County.  There  is  certainly  no  practical 
difficulty  to  be  apprehended  about  it.  As  the 
gentleman  from  Storey  (Mr.  DeLong)  has 
said,  the  calendar  is  made  up  and  divided 
among  the  judges,  and  they  have  special  terms. 
Perhaps  they  will  devote  Mondays  to  hearing 
and  disposing  of  motions  and  demurrers,  and  so 
on,  dividing  up  the  business  through  the  week. 
Then  a  motion  or  demurrer  caunot  be  brought 
before  any  certain  judge  which  the  moving 
party  wislies,  but  he  makes  the  motion  to  be 
heard  before  the  court  at  a  special  term  ;  the 
calendar  for  the  special  term  is  made  up,  and 
it  is  decided  by  the  judges  tliemselves,  among 
themselves,  who  shall  hold  the  special  term. 
All  these  matters  of  detail  are  arranged  by 
the  rules  made  by  the  judges  themselves,  and 
they  themselves  make  the  selection  of  the 
judges,  from  time  to  time,  who  are  to  attend  to 
this  or  that  particular  part  of  the  business. 
They  will  fi.x  and  establish  those  rules,  as  occa- 


sion requires,  among  them.selves.  In  respect 
to  the  number,  I  should  suppose  that  three 
judges  would  bo  needed  for  Storey  County, 
_  Mr.  WARWICK.  I  think  I  can  make  a  mo- 
tion which  will  quiet  this  Avhole  matter,  since 
we  have  exhausted  a  great  deal  of  time  upon 
it  without  making  any  progress.  As  we  have 
none  but  lawyers  on  the  Judiciary  Committee, 
and  as  it  will  be  much  easier  to  settle  tlie  mat- 
ter there,  I  move  that  tlie  whole  subject  be 
referred  to  the  Committee  on  the  Judiciary. 

Mr.  FITCH.  I  would  like  to  know  if  the 
gentleman  means  to  be  understood  that  none 
but  lawyers  have  participated  in  the  discis- 
sion ? 

Mr.  FRIZELL.  The  object  sought  for  here, 
I  understand,  is  the  accommodation  of  the 
people  in  their  local  affiiirs,  so  far  as  the  judi- 
ciary is  concerned.  Now  I  am  from  the  south- 
ern portion  of  Storey  County,  a  county  which, 
although  not  large,  it  is  true,  nevertheless  con- 
tains a  large  number  of  people  ;  and  as  a  dele- 
gate from  Gold  Hill.  I  have  reasons  to  urge 
which  I  think  are  not  only  plausible,  but  just, 
why  Storey  County  should  be  districted.  With 
all  due  deference  to  the  practicing  attorneys  of 
our  dtlegation,  I  think,  on  the  part  of  the  peo- 
ple of  Grijld  Hill,  which  is  an  incorporat  d  city, 
and  in  view  of  the  just  rights  of  those  people, 
as  citizens  of  that  portion  of  the  county,  that 
I  have  good  reasons  to  urge  before  the  Conven- 
tion why  that  county  should  be  districted. 
And  in  case  it  should  turn  out,  in  the  wisdom 
of  the  Convention,  that  in  shaping  and  putting 
in  operation  this  machinery,  it  is  found  to  be 
impracticable  to  district  the  county,  then,  in 
case  we  should  have  two  District  Ju  iges  in  the 
county,  I  hold  that  one  court-room  should  be 
established  at  Gold  Hill.  Now  the  primary 
object  of  this  amendment  is,  as  I  before  re- 
marked, to  accommodate  the  people.  You 
are  well  aware,  Mr.  President,  that  cities  are 
districted  and  divided  into  wards  for  that  one 
purpose  of  accommodating  the  people.  Now, 
1  say,  and  every  gentleman  from  Storey  County 
knows  it,  and  many  gentlemen  from  Orsmby 
County  know  it  also,  that  Storey  County  can 
be  districted  perfectly  ;  that  the  laud-mai'ks 
are  perfect  there.  There  are  two  corporate 
cities  in  that  county,  and  there  are  two  official 
maps  of  those  cities.  The  laud  has  been  sur- 
veyed from  the  western  boundary  next  to 
Washoe,  to  the  southern  boundary  adjoining  the 
county  of  Lyon,  and  the  lines  as  surveyed  have 
been  marked,  and  can  be  plainly  fixed.  There 
can  therefore  be  no  inconvenience  on  account 
of  any  uncertainty  of  jurisdiction.  Juries  can 
be  drawn  from  the  body  of  the  county,  as  it  is 
right  they  should  be  ;  and  I  say  this,  that  Gold 
Hill,  which  is  the  oldest  mining  camp  in  the 
Territory  of  Nevada,  and  the  mining  district 
having  within  it  the  dormant  wealth  of  an  em- 
pire, should  not  be  overlooked.  That  city  has 
assisted  and  worked  side  by  side  with  her  sisler 
city  of  Virginia — they  are  twin  sisters.     Now 


242 


JUDICIAL  SYSTEM. 


[8th  day; 


Tuesday,] 


Chapin — Frizkll — DeLoxg. 


[July  12. 


I  firmly  believe  that  if  the  plan  of  districting  i 
can  be  coacok'd  aiul  agreed  upon,  it  will  ac- 
commodate the  people  of  Gold  Hill  better  than 
any  other  arranfienient.  Although  some  of  the 
delegation  from  Storey  County  may  not  be  wil- 
ling to  accord  it.  yet  it  is  only  fair  and  just, 
and  I  ask  nothing  more  than  tliat. 

One  word  as  to  the  argument  of  my  col- 
league from  Storey  (Mr.  DeLong)  that  the 
greater  amount  of  the  litigation  arises  in  the 
Bouthern  portion  of  the  county.  That  is  the 
argument  which  he  urges  as  a  reason  why  the 
county  should  not  be  districted,  and  why  all 
the  judges  should  sit  in  Virginia.  Now  I  ask 
if.  on  the  contrary,  that  is  not  a  strong  rea.«on, 
if  you  wish  to  accommodate  the  people,  why 
one  district,  or  one  court,  at  least,  should  be 
established  at  Gold  Hill?  According  to  the 
gentleman's  own  sliowing,  if  you  establisli 
courts  altogether  in  Virginia,  tlie  litigants  will 
have  to  go  from  Gidd  Hill  to  Virginia,  or  even 
from  American  Fiat,  or  the  intervening  coun- 
try between  Gold  Hill  and  American  Flat,  and 
the  expense  would  be  the  same  as  if  they  had 
to  come  to  Carson  City.  A  man  has  to  be 
away  from  home  in  order  to  attend  the  courts. 
He  cannot  be  with  his  family,  any  how,  and  the 
distance  he  may  be  from  them  is  not  material. 

The  PRESIDEN'T  pro  tern,  [interrupting]. 
This  is  a  matter  not  strictly  Ix'fore  the  Conven- 
tion, although  under  the  resolution  discussion 
has  been  allowed  to  take  a  wide  range. 

Mr.  CH.\1'IN.  I  cannot  feel,  with  some  of 
the  gentlem"n  who  have  spoken,  tliat  this  long 
discussion  lias  been  a  waste  of  time.  It  is  a 
subject  of  vast  importance  to  us,  and  this,  it 
seems  to  me,  is  the  proper  time  to  have  a  full 
and  free  di-scussion  upon  it,  and  to  bring  out  all 
the  points.  I  have  been  very  deeply  interested 
in  the  discussion  which  has  thus  far  been  had, 
and  I  am  more  fully  satisfied  than  I  was  when 
the  resolution  was  first  presenti-d,  that  it  was 
dictated  by  wisdom,  and  that  we  ought  to,  and 
I  trust  will  adopt  it,  with  great  unanimity. 

Now.  a  few  words,  before  I  take  my  seat,  in 
reference  to  dividing  that  little  county  of  Sto- 
rey. I  did  not  expect  that  any  such  thing 
would  be  proposed.  We  are  already  groaning 
there.'  und<>r  a  taxation  that  is  enormous,  and 
we  have  the  figures  coming  before  us  in  the 
papi-rs  of  this  morning,  showing  a  debt  or  ex- 
penditure to  the  amount  of  §  KKJ.l'iS  for  that 
county  of  Ston-y.  Th.'  proposition  is  now  be- 
ing maile,  to  consolidate  the  city  and  county. 
in  order  that  we  may  reduce  our  expenses,  and 
save  our.sclvcs  from  such  enormous  taxation. 
Now.  my  friend,  the  gentleman  from  Gold  Hill 
(Mr.  Fri/.-ll)  favors  a  proposition  to  make  a 
division,  which  will  add  still  further  to  that 
taxation,  and  to  those  expenses.  That  would 
be  the  nsult. 

Mr.  FRIZELL.  I  ask  the  gcntlemaa  to 
show  it. 

Mr.  CHAPIN.  Why,  if  you  make  a  provision 
for  a  District  Court  ;inil  a  County  Court,  you 
must  have  two  court-houses,  separate  and  dis- 


tinct from  each  other,  and  a  whole  batch  of 
clerks,  to  prepare  aad  conduct  the  business  in 
each. 

Mr.  FRIZELL.  Cannot  you  hold  two  courts 
with  one  clerk  and  a  deputy  ? 

Mr.  CHAPIN.  But  you  can  have  one  court 
without  employing  a  deputy,  and  if  you  hare 
two  courts,  you  must  have  two  ofiices  that 
will  be  accessible  for  the  business  of  those 
courts.  Let  us  condense  it  all  into  one  court, 
and  have  but  one  clerk;  and  let  us  economize, 
especially  if  we  are  going  to  have  a  State 
Government,  which  will  certainly  iucrea.se  our 
taxation.  If  the  government  of  our  new  State 
is  going  to  cost  so  much  more  than  the  territo- 
rial government,  do  not  let  us  add  to  our  ex- 
penses in  matters  of  minutia,  where  it  is  not 
necessary. 

Mr.  DkLONG.  I  merely  want  to  suggest 
that  down  in  Gold  Hill  they  could,  perhaps, 
find  an  excellent  place  in  which  to  hold  a  court 
for  the  accommodation  of  my  colleague,  by 
taking  one  of  the  quartz  mills— and  I  believe 
there  is  little  or  nothing  but  quartz  mills  there. 
But,  seriously,  I  would  ask  if  my  colleague 
(Mr.  Frizell)  thinks  it  would  be  very  con- 
venient to  run  the  attorneys  and  litigants  back- 
wards and  forwards  between  Virginia  and  Gold 
Hill.  They  would  have  to  do  some  tall  run- 
ning, most  certainly.  A  man  would  want  to 
know  what  was  up  in  the  court  in  Gold  Hill, 
and  when  he  got  there,  very  often  he  would 
have  to  travel  back  to  Virginia,  as  fast  as  he 
came.  It  would  be  a  good  thing  to  give  cus- 
tom to  the  livery-stable  keepers.  Now,  Gold 
Hill  is  a  nice  place,  and  always  has  been,  and 
I  have  always  admired  it.  I  have  a  particular 
admiration  for  her  representatives.  [Merri- 
ment]. I  do  not  blame  them  at  all  for  propos- 
ing this  division  ;  but  I  think  the  Convention 
would  be  mistaken  if  it  should  adopt  their 
view.s,  and  so  give  ri.se  to  perpetual  racing 
matches  between  attorneys.  I  am  willing  to 
run  a  little  race  with  ray  colleague,  if  he 
wishes,  but  I  do  not  like  too  much  of  that  ex- 
ercise, that  is  all. 

Mr.  FRIZIXL.  Now,  sir,  I  have  been  a  res- 
ident of  Gold  Hill  for  four  years  and  a  half, 
and  I  feel  authorized  to  speak  for  her  interests. 
There  is  a  Hag  in  our  possession  in  the  town  of 
Gold  Hill,  which  speaks  volumes  for  her  patri- 
otism and  liberality.  She  has  contributed,  for 
each  of  her  inhabitants,  something  like  eleven 
dollars  and  a  half  to  the  Sanitary  Fund.  Now 
I  pledge  myself  that,  if  a  court  is  established 
there,  so  far  as  the  court-room  is  concerned,  it 
shall  not  cost  the  State  of  Nevada,  nor  Storey 
[County,  either,  so  much  as  one  cent. 

The  PRESIDENT  pro  tern.      The  discussion 
of  this  matter,  the  Chair  will  suggest,  had  bet- 
I  ter  take  place  when  the  report  of  the  commit- 
tee comes  up  for  consideration. 

Mr.  FRIZELL.  I  was  merely  answering  the 
argument  of  my  colleague.  I  will  say  to  my 
other  friend  and  colleague, (Mr.  Chapin.)  that  his 
argument  against  having  a  court  at  Gold  Hill, 


8th  day.] 


JUDICIAL  SYSTEM. 


243 


Tuesday,] 


DeLoxg — Chapin — Banks — Johnson — Sturtevant — Dunne. 


[July  12. 


reminds  me  of  a  certain  anecdote  of  Dr.  John- 
son. This  resolution,  you  will  remember, 
started  out  with  the  idea  of  accommodatino; 
the  people,  as  regards  the  judiciary,  and  their 
attendance  on  the  courts.  Now  it  is  related 
that  Dr.  Johnson  frequently  visited  at  a  house 
where  a  certain  young  lady  was  constantly 
preaching  up  democratic  principles,  social 
equality,  and  the  idea  of  bringing  all  people 
up  to  a  certain  level,  or  all  down  to  a  certain 
level.  The  Doctor  did  not  fully  believe  in  her 
sincerity,  and  so,  in  order  to  test  her,  he  one 
day  proposed  to  bring  in  the  footman  to  din" 
with  them.  '•  Madam.'"  said  he,  "  we  will  all 
dine  together,  and  so  be  on  a  level."  But  thf' 
lady  was  terribly  indignant  that  he  should 
bring  in  a  menial  and  propose  to  scat  him  at 
her  dinner  table.  "  Madam,"  said  the  Doctor. 
"  that  is  just  what  I  expected.  You  levellers 
are  willing  to  bring  those  who  are  above  you, 
down,  but  you  are  not  willing  to  elevate  those 
who  are  below  you."  In  the  same  way  my 
colleague  professes  to  be  willing  to  accommo- 
date the  people,  but  he  has  shown  no  willing- 
ness to  bring  himself  down  to  the  level  of  our 
town.  He  is  willing  to  accommodate  the  peo- 
ple to  a  certain  extent,  and  until  it  reaches  his 
own  case,  and  then  he  is  not  willing  to  level 
any  further. 

Mr.  DeLONG.  I  would  like  to  ask  the  gen- 
tleman how  he  can  expect  people  in  Virginia  to 
bring  Gold  Hill  up  to  their  level  ?    [Laughter.] 

Mr.  CHAPIN.  I  desire  to  make  but  one  re- 
mark further  in  regard  to  this  division  of  the 
county  proposed  by  the  gentleman  from  Gold 
Hill.  Such  a  division  would  be  like  dividing 
a  family,  and  there  is  no  propriety  in  it.  Those 
two  places  are  bound  together,  and  built  up 
together,  so  that  you  caunot  tell  where  one 
ends  and  the  other  begins.  Why,  sir,  only  a 
little  while  ago  it  was  reported  that  a  stranger 
on  his  journey  came  to  Gold  Hill  and  inquired 
the  way  to  Virginia. 

Mr.  LeLONG.     He  was  lost. 

Mr.  CHAPIN  They  told  him  to  keep  right  on 
up  the  road,  and  it  is  said  he  did  keep  on,  right 
through  Virginia,  and  away  beyond,  to  the  sum- 
mit north  of  Virginia.  When  hegot  there,  he  met 
a  resident,  and  inquired  how  much  farther  it 
was  to  Virginia,  and  the  man  replied  :  '•  W"by. 
sir,  you  are  going  the  wrong  way!  " 

Mr.  DeLONG.  He  was  a  Muggins.  [Laugh- 
ter.] 

Mr.  CHAPIN.  No  doubt  of  it,  because  he 
came  from  Gold  Hill.  He  said  he  had  just 
come  from  there,  and  it  was  all  one  place  all 
the  way.  And  so  it  is.  A  stranger  would  re- 
gard it  all  as  one  town,  and  if  he  did  not  know 
the  size  of  the  town,  would  pass  right  on 
through  Virginia,  supposing  that  he  was  still 
in  Gold  Hill.  Now,  the  gentleman  should  not 
undertake  to  divorce  those  twin  portions  of 
that  county.  We  have  had  enough  of  divorces 
there  already,  and  we  want  none  of  that  kind. 
Now,  I  move  that  this  whole  matter  be  referred 
back  to  the  Committee  on  the  Judiciary,  with 


instructions  to  prepare  their  report,  and  pre- 
sent it  to  this  Convention. 

Mr.  BANKS.  I  do  not  like  to  have  the  res- 
olution referred  in  its  present  form,  for  it  seems 
to  be  in  an  improper  shape  for  reference.  To 
refer  a  resolution  to  a  committee  which  that 
resolution  instructs,  seems  to  me  absurd.  I 
would  prefer  to  have  it  amended  so  as  to  be- 
gin—-' Resolved,  that  it  is  the  sense  of  this 
Convention" — and  so  on,  and  then  we  caa 
properly  refer  it. 

Mr.  JOHNSON.  I  will  change  the  phraseol- 
ogy so  as  to  read  that  the  committee  be  in- 
structed to  report  upon  the  expediency  of  mak- 
ing this  change. 

Mr.  STURTEVANT.  What  objection  is 
there  to  referring  it  to  the  Storey  County  del- 
egation, and  letting  them  arrange  it  to  suit 
themselves? 

Mr.  JOHN.SON.  I  will  modify  the  resolu- 
tion, so  as  to  read  as  follows  : — 

Resolved,  That  the  Committee  on  the  Judiciary  are 
instructed  to  consider  the  expediency  of  embodying 
such  proceedings  in  the  .judicial  features  of  the  Con- 
stitution as  will  provide  for  the  election  of  a  District 
Judge  in  each  organized  county  of  the  State,  (except 
Storey  County,  wherein  there  shall  be  two  District 
Judges),  with  such  additional  jurisdiction  as  is  now 
conferred  upon  County  Probate  Courts,  so  as  to  dis- 
pense with  such  County  or  Probate  Courts. 

[The  Presidext  in  the  Chair.] 
The  question  was  taken  on   the  adoption  of 
the  resolution  as  molified,  and  it  was  adopted. 

order   op  business. 

Mr.  DUNNE.  I  move  that  the  rules  be  sus- 
peded,  so  that  we  may  pass  over  the  intervening 
order  of  business  and  go  into  Committee  of  the 
Whole  on  the  article  in  relation  to  Taxation. 

Mr.  CHAPIN.  I  would  prefer  to  take  up  the 
regular  order  of  business,  and  finish  that  up. 
I  am  opposed  to  changing  the  order  of  busi- 
ness. 

The  PRESIDENT.  I  would  suggest  that  we 
have  but  a  short  time  remaining  in  which  to 
transact  any  business  in  Committee  of  the 
Whole. 

Mr.  DUNNE.  That  is  the  reason  I  made  the 
motion — to  get  into  Committee  of  the  Whole 
as  soon  as  possible.     We  have  an  hour  left  yet. 

Mr.  DeLONG.  We  do  not  save  anything  by 
skipping  one  portion  of  our  business  in  order 
to  take  up  another  portion. 

The  question  was  taken  on  the  motion  of  Mr. 
Dunne,  and  it  was  not  agreed  to. 

RIGHT    OF    SUFFRAGE. 

Article  II,  entitled  Right  of  Suffrage,  wag 
taken  up  in  its  order  on  the  general  file  for  a 
third  reading. 

THE    OATH   FOR   AOTERS. 

Section  2,  as  passed  to  engrossment,  was  read, 
as  follows  : — 

Sec.  2.  Ko  person  who  has  been  or  may  be  con- 
victed of  treason  or  felony  in  any  State  or  Territory 
of  the  United  States,  unless  restored  to  civil  rights  , 


244 


RIGHT  OF  SUFFRAGE. 


[8th  day.' 


Tuesday,]        Cou-ixs — DeLonc — Frizell — Johxsox — Fitch — Hawley — Chapix. 


[July  12. 


and'no  person  who,  after  arrivinfi  at  tlio  afje  of  pi<jhteen 
years,  shall  have  vohmtarily  buriK-  arms  against  tlu- 
i'uitfd  Statics,  or  held  civil  or  military  dlliei-  under  the 
Bo-callcd  Confederate  States,  or  either  of  them,  unless 
an  aumt'Sty  be  trraiited  to  such  by  the  Federal  Goveru- 
lueut,  aud  uo  idiot  or  insane  person,  or  any  person  who 
reliisos  to  tiike  the  lollowiu;;  oath  or  athriuatiou,  to 

wit  :  "I, ,  do  solemnly  swear  or  affirm)  that  I  will 

8upi>ort,  protect  and  defend  the  Constitution  and 
(jovernnient  of  the  United  States,  and  the  Cimstitution 
and  Govermneut  of  the  State  of  Neva<la,  against  all 
enemies,  whether  domestic  or  foreign,  and  that  I  will 
boar  true  faith,  allegiance  and  loyalty  to  the  same,  any 
ordinance,  resolution  or  law  of  any  State,  Convention, 
or  Legislature,  to  the  contrary,  notwithstanding  ;  and, 
further,  that  I  do  this  with  a  full  determination,  i)lcdge 
and  purpose,  without  any  mental  reservation  or  evasion 
whatsoever — So  hklp  me  God  " — shall  be  entitled  to 
the  privilege  of  an  elector. 

Mr.  GOLLIXS.  I  suggest  that  that  clause 
which  relates  to  requiring  the  oath  to  be  taken, 
should  be  made  to  read  s^o  that  uo  person  who 
refuses,  "on  being  challenged, ■■  to  take  the  oath, 
shall  be  allowed  to  vote. 

Mr.  DeLONG.  Out  of  abundant  caution, 
because  it  is  urged  by  .some  that  it  is  incumbent 
on  every  voter,  as  it  now  reads,  to  take  that 
oath,  if  my  colleague  will  move  the  amend- 
ment, I  will  second  it. 

Mr.  FRIZELL.  I  see  no  nece!5sity  for  that. 
It  is  evidently  the  meaning  of  the  language,  as 
it  stands,  that  a  man  is  only  to  be  required  to 
take  the  oath  when  some  obstacle  is  placed  in 
the  way  of  his  voting.  If  you  take  the  entire 
language  as  it  i.s,  I  think  that  will  be  the  un- 
derstanding. 

Mr.  COLLIN'S.  I  think,  as  it  now  stands,  it 
would  be  within  the  power  of  any  man  who 
wishes  to  defe  it  an  election  to  so  embarrass 
tlie  polls  a?  to  prevent  more  than  one-third  of 
the  votes  from  l»eing  received.  I  move  to 
amend  the  section  by  in.serting  after  the  word 
'' who.'"  the  words,  "when  challenged  ;"  so  as 
to  read,  "  wlio,  when  challenged,  refuses  to 
take  the  following  oath,"  etc. 

Mr.  DeLONG.  I  second  the  amendment.  I 
will  say  to  my  colleague,  (Mr.  Frizell),  that 
altliough  the  language  seems  so  clear,  yet  I 
heard  a  lawyer  in  this  city  the  other  day  insist 
upon  it  that  this  section  required  every  man  to 
take  the  oath.  Now,  although  I  do  not  say 
that  that  conistruction  is  correct  or  logical,  yet 
in  order  to  remove  every  quibble  or  doubt,  I 
would  like  to  see  this  amendment  made.  It  can 
do  no  harm,  and  it  certainly  may  avoid  confu- 
sion. 

The  PRE.SIDEN'T.  If  there  is  any  objection 
it  will  require  a  motiou  to  recommit  the  arti- 
cle 

Mr.  FRIZELL.    I  withdraw  my  objection. 

[.Mr.  Coi.i.ixs  in  the  Chair.] 

Mr.  JOH.VSOX.  There  is  another  matter  I 
Would  like  to  suggest,  in  this  connection,  which 
has  occurred  to  me  siuce  the  Convention  last 
took  action  upon  this  section.  I  recognize  the 
fact  that  an  amendment  in  this  jjartFcular,  or 
emliodying  substantially  the  same  language 
as  that  now  proposed,  is  necessary  ;  but^there 
is  another  dilliculty,  it  seems  to  me,  which  is 
not  met  by  this  amendment.    Suppose  a  pre- 


cinct where  there  are  five  or  six  hundred 
voters — and  there  are  several  such,  I  believe, 
in  Storey  County,  aud  some  containing  more 
than  that  number— and  suppose  an  individual 
places  himself  in  a  position  to  challenge  every 
voter.  Now,  in  the  judgment  of  the  Conven- 
tion, where  the  voters  are  so  very  numerous, 
would  it  be  possible,  within  the  hours  of  elec- 
tion, for  that  oath  to  be  administered  to  every 
one,  so  as  to  enable  all  to  deposit  their 
votes?  It  will  be  observed  that  this  oath  is  of 
considerable  length. 

Mr.  FITCH.  I  will  suggest,  that  in  Storey 
County,  anybody  who  tried  that  on  would  find 
it  migtity  rough  for  him  about  ten  o'clock  in 
the  morning. 

Mr.  JOHNSON.  We  are  providing  now  for 
a  law  ;  not  a  mob  law,  but,  on  the  contrary,  a 
law  of  such  a  character  as,  I  hope,  will  prevent 
any  such  evil  practice. 

Mr.  FITCH.  I  do  not  say  ths^t  I  would  ad- 
vocate it ;  I  only  state  what  would  probably 
be  the  result. 

Mr.  JOHNSON.  I  suggest  the  inquiry, 
whether  difficulties  are  not  likely  to  arise  by 
the  operation  of  this  section,  if  left  as  it  i.s,  or 
even  with  the  amendment  which  has  been  of- 
fered. I  would  prefer  that  the  Convention 
should  take  further  action  upon  the  subject. 
Let  us  dispense  with  the  thiid  reading  of  the 
bill  at  this  time,  aud  consider  the  matter  a 
little  ;  aud  let  us  make  any  corrections  that 
may  be  necessary,  when  we  shall  have  had 
time  to  prepare  any  amendments  needed  to  ob- 
viate this  difficulty. 

Mr.  HAWLEY.  Allow  me  to  suggest  that 
it  is  contemplated  in  another  portion  of  this 
article  to  provide  for  a  registry  law,  aud  it  has 
been  my  view,  from  the  first,  that  when  the 
voters  are  registered,  then  and  there,  this  oath 
should  be  administered.  That  would  do  away 
with  all  this  olijection. 

Mr.  CIIAPIN.  I  hope  this  am'^ndment  will 
be  made,  because  that  will  improve  the  sec- 
tion to  some  extent.  Then  I  shall  propose  to 
make  a  further  amendment  by  striking  out  that 
oath  altogether.  I  can  see  olijections  to  it, 
which,  in  my  judgment,  are  most  serious.  Any 
person  in  the  city  of  Virginia,  in  some  of  those 
wards  where  they  cast  from  twelve  to  fifteen 
hundred  votes  at  an  election,  when  he  finds  his 
faction  in  a  minority,  might  get  together  a 
number  of  men  who  are  "  on  the  shoulder," 
and  get  them  to  take  up  their  positions  around 
the  polls,  and  require  every  man  who  comes  up 
to  vote  to  take  that  oath  ;  and  then  look  at 
the  amount  of  time  that  would  be  consumed. 
Such  a  faction  may  see  to  it  that  every  vote  on 
their  side  is  cast  in  the  morning,  aud  in  the 
afternoon,  when  the  laboring  men,  the  "  honest 
miners,"  come  in  to  cast  their  votes,  every  one 
may  be  recjuired  to  take  that  oath,  so  that  not 
one-fourth  of  them  can  have  the  privilege  of 
voting  for  want  of  time  to  get  through  with  all 
this  long  form  of  oath.  I  ask  that  gentlemen  see 
to  it  here,  that,  while  every  possible  safeguard 


8th  day.] 


RIGHT  OF  SUFFRAGE. 


245 


Tuesday,]  Tozeu— Kenxedy — Nourse—Chapin— Fitch — Crosman-Sturte vaxt-Dun>-e.  [July  1 2. 


is  thrown  around  the  ballot-box,  we  do  not 
guard  it  so  strictly  as  to  prevent  honest  voters 
from  exercising  their  rights.  We  have  a  reg- 
istry law  provided  for  now,  which  will  be  in  it- 
self almost  a  perfect  safeguard,  and  now  let  us 
strike  that  oath  out,  and  leave  it  to  the  Legis- 
lature to  make  such  provision  in  relation  to  the 
registry  of  voters  as  may  be  necessary.  Let 
them  provide,  if  they  please,  that  sucli  an  oath 
shall  be  taken  at  the  time  of  registration,  and 
then  we  shall  be  safe. 

[The  Pkesident  in  the  Chair.] 

Mr.  TOZER.  When  this  Article  was  under 
consideration  in  the  Committee  of  the  Whole, 
I  proposed  an  amendment  to  this  section, 
which,  however,  was  voted  down  by  a  large 
majority.  And  I  do  not  propose  now  to  offer 
the  same  or  any  similar  amendment ;  but  I 
hope  that  the  amendment  already  before  the 
Convention  will  prevail  ;  and  I  hope  that,  as 
suggested  by  my  colleague,  (Mr.  Chapin),  this 
entire  matter  of  the  oath  will  be  stricken  out. 
It  seems  to  me,  that  if  we  leave  it  in  it  will 
very  much  encumber  and  embarrass  the  ma- 
chinery of  elections.  At  any  little  petty 
election,  under  such  a  provision,  this  difficulty 
may  ari.so,  and  at  an  election  for  county  offi- 
cers, where  the  heat  of  the  contest  is  great 
between  the  different  contestants  for  some  of 
the  offices — in  populous  towns  like  Virginia  and 
Gold  Hill,  or  other  large  towns  of  the  State — 
the  election  may  be  so  embarrassed  liy  this 
means  as  to  occupy  the  whole  dav  in  challeng- 
ing perhaps  only  two  or  three  hundred  voters, 
although  there  may  be  a  thousand  or  twelve 
hundred  men  entitled  to  vote  at  the  same  polls. 
The  day  would  not  be  sufficiently  long  to  com- 
pass the  whole  election  at  that  rate.  I  hope 
the  section  will  be  so  amended,  at  any  rate, 
that  persons  entitled  to  it  shall  not  be  denied 
the  privilege  of  an  elector.  Let  us  leave  the  Leg- 
islature to  settle  and  arrange  these  matters  of 
d>tail.  We  are  seeking  to  remodel  this  Constitu- 
tion in  such  a  way  as  to  render  it  acceptable  to 
the  people  of  the  Territory,  and  we  should  bear 
in  miud  that  one  chief  objection  upon  which  it 
was  formerly  rejected  was,  that  it  legislated 
too  much.  I  think  I  can  see  a  disposition  on 
the  part  of  this  Convention  to  fall  into  the  same 
error,  by  legislating  too  much  in  tliis  article, 
as  well  as  some  others  before  us.  We  are  pur- 
suing the  same  course  that  swnmped  the  work 
of  the  former  Convention,  and  I  trust  that  we 
shall  adopt  some  other  course,  and  devise  some 
other  way  by  which  this  difficulty  may  be 
obviated. 

Mr.  KENNEDY.  I  believe  I  was  the  author 
of  this  oath,  at  least  so  far  as  the  introduction 
of  it  into  this  section  is  concerned,  and  I  must 
say  I  cannot  see  the  difficulties  which  other 
gentlemen  have  discovered  in  regard  to  it.  I 
acknowledge  that,  theoretically,  there  may  be 
a  difficulty.  Suppose  you  cliallenge  every 
man  who  comes  up  to  the  ])olls,  then,  of  course, 
all  could  not  vote.  But  that  same  objection 
exists  at  the  present  time.    If  any  person  wishes 


to  challenge  any  or  every  voter,  he  has  the 
right  to  do  so,  and  can  insist  that  the  oath 
shall  be  administered  to  every  man  who  comes 
to  the  polls.  That  is  the  case  under  our  pres- 
ent territorial  laws,  and  I  do  not  see  that  the 
administration  of  this  oath  would  take  much, 
if  any  longer,  than  the  one  we  now  have. 

Mr.  NOURSE.  I  hope  the  suggestion  of  the 
gentleman  from  Ormsby  now  in  the  chair,  (the 
President,)  will  be  adopted.  There  are  several 
matters  here  which  seem  to  need  some  change, 
and  if  any  amendment  is  to  be  made,  it  should 
be  done  at  this  stage  of  our  progress.  I  think 
that,  upon  consideration,  gentlemen  will  agree 
with  me  that  the  words  "  unless  an  amnesty  be 
granted  "  should  be  stricken  out,  before  the 
section  is  finally  adopted. 

Mr.  IIOVEY.  I  move  to  recommit  the  sec- 
tion to  a  select  committee,  with  instructions  to 
report  on  the  propriety  of  striking  out  the 
oath. 

Mr.  CHAPIN.  In  reply  to  my  friend  from 
Lyon  (Mr.  Kennedy)  who  remarked  that  there 
is  an  oath  now  which  could  be  required  to  be 
taken,  I  would  say  that  that  is  very  true,  but 
that  same  oath  would  still  be  necessary,  in  ad- 
dition to  this,  which  makes  it  so  much  the 
worse.  The  oath  now  required  by  law,  is  a 
very  brief  one.  The  voter  must  swear  that  he 
has  been  so  long  a  time  in  the  precinct,  and  a 
few  other  matters,  and  the  addition  of  this  long 
oath  to  that,  makes  the  matter  so  much  the 
more  objectionable. 

Mr.  FITCH.  I  trust  the  oath  will  be  stricken 
out,  for  I  do  not  see  that  it  would  be  of  any 
particular  use.  It  will  devolve  upon  the  Legis- 
lature to  prescrilie  the  punishment  for  illegal 
voting,  and  the  Legislature  will  designate  the 
manner  and  means  by  which  convictions  for 
illegal  voting  can  be  procured.  They  can  at 
the  same  time  require  and  prescribe  an  oath  to 
be  taken,  and  fix  the  punishment  for  swearing 
falsely.  I  think  it  is  too  much  like  legislation, 
to  insert  a  provision  of  this  kind  iu  the  Consti- 
tution. 

Mr.  CROSMAN.  I  am  in  favor  of  recom- 
mitting the  article  without  instructions.  I 
have  an  amendment  which  I  wish  to  propose, 
and  there  are  several  others  who  have  amend- 
ments to  offer.  I  will  move  as  an  amendment 
to  the  pending  motion,  that  the  article  be  re- 
committed to  the  Committee  of  the  Whole, 
without  instructions. 

Mr.  STURTEVANT.  I  hope,  as  there  are 
several  amendments  which  gentlemen  wish  to 
off.  r,  that  if  the  article  can  be  recommitted  for 
amendments  generally,  that  course  will  be 
taken.  I  do  not  see  why  the  Convention  may 
not  instruct  itself  in  regard  to  amendments; 
at  any  rate,  I  trust  that  gentlemen  will  not 
spend  the  time  iu  harping  upon  the  matter. 

Mr.  DUNNE.  I  .should  be  opposed,  entirely, 
to  the  motion  to  recommit  without  instructions, 
and  I  think  the  gentleman  from  Storey  (Mr. 
Chapin)  has  hit  the  nail  exactly  on  the  head. 
1  The  oath  should  be  required  to  be  taken,  but  it 


246 


DISTRIBUTION  OF  POWERS. 


[8th  day. 


Tuesday.]      Hawlky—Chapin— Banks— Warwick— Fitch— Kennedy— Sturtevant.     [July  12. 


is  senerally  impracticalilo  to  administer  it  at 
the  polls.  "TIk'  jilaoc  to  do  that  is  the  registra- 
tion otSce.  and  the  Legisliiture  shonld  be 
authorized  to  require  it  to  be  done  at  that 
place  at  the  time  of  registration,  and  let  the 
right  of  a  man  to  vote  be  settled  when  his 
name  is  registered.  The  registration  should  be 
completed  ten  days  bt  fore  the  election,  and 
then  let  every  person  who  desires  to  exercise 
the  right  of  sutl'rage,  take  care  that  his  name 
is  registered  in  due  season.  It  would  be  dan- 
gerous to  empower  any  citizen  who  might  see 
tit,  to  obstruct  the  polls  by  challenging  every 
voter,  and  ncpiiring  him  to  take  this  oath.  I 
think  the  propriety  of  the  amendment  will 
suggest  itself  to  every  one.  and  I  hope  it  will 
be  adopted,  and  then  let  the  article  be  recom- 
mitt(d  for  further  amendment  if  necessary. 

Mr.  HAWLEY.  In  order  to  avoid  the  tedi- 
ous debate  which  is  likely  to  ensue,  with  the 
consent  of  the  gentleman  from  Lyon,  (Mr. 
C'rosman.)  I  withdraw  my  motion  to  recommit, 
and  will  let  the  question  be  taken  on  the  mo- 
tion of  the  gentleman  from  Storey  (Mr.  Col- 
lins). 

Mr.  CHAPIN.  I  hope  we  may  bo  allowed  to 
come  to  a  direct  vote  without  recommitting 
the  article.  I  think  it  may  be  done  just  as  well 
now.  and  save  time. 

Mr.  15ANKS.  I  dislike  to  rise  to  a  question 
of  ordir,  but  gentlemen  all  know  that  we  can- 
not recommit  an  article  without  instructions, 
upon  its  third  reading.  The  regular  Parlia- 
mentary course  is  to  go  on  and  consider  it.  I 
raise  the  (juestion  of  order,  that  it  is^  not  in 
order  to  recommit  the  article  without' special 
instructions. 

The  rUESIDENT.  The  point  of  order  is 
well  taken. 

Mr.  CIIAPIX.  Then  I  move  to  recommit  the 
article  to  the  Committee  of  the  Whob",  with  in- 
structions to  strike  out  the  oath  and  all  per- 
taining thereto. 

Mr.  WARWICK.  If  the  Convention  wishes 
to  retain  this  oath,  I  think  it  can  readily  be 
put  in  such  a  form  as  to  satisfy  all.  Let  it  l)e 
made  to  read,  that  when  the  voter  is  chal- 
lenged before  the  Registrar,  he  .«hall.  if  there 
b<,'  any  question  al)out  his  loyalty,  take  this 
oath.  A  nuin's  loyalty  can  be  tested  as  well 
before  the  Registrar  as  anywhere,  and  if  there 
}>i;  any  doubt  about  it,  that  is  the  propor  place, 
and  then  the  best  time,  to  settle  the  (piestion. 
Then  there  will  be  no  necessity  for  occupying 
the  time  at  lh<'  poll.s  \,y  making  challenges.  1 
tliink,  by  sul>stitMting  those  Words,  we  can  ol)- 
yiate  the  only  dillieulty  in  the  way  of  the  ad- 
justment of  this  question,  and  I  respectfully 
submit  that  suggestion  to  the  judgment  of  the 
Convention.  | 

.Mr.  HAWIEV.  I  think  the  gentlemen  is; 
obviously  wrong,  in  anticipating  any  office  I 
which  may  or  may  not  be  cn-atrd.  We  do  not  , 
know  liut  that  section  relative  to  n-gistiation  ' 
will  be  stricken  out.  Moreover,  tlK-re  is  an- 
other  objection  :  the   Registrar  may  be   in  his  - 


office,  and  if  he  is  not  required  to  demand  the 
oath  <if  every  one,  without  any  challenge,  there 
may  not  Ije  a  man  to  make  the  challenge  within 
three  squares  of  the  office,  and  so  the  provision 
would  be  entirely  nugatory.  I  would  be  in 
favor  of  making  it  obligatory  on  the  Registrar 
to  administer  the  oath  to  every  man  who  is 
registered. 

Mr.  FITCH.  Now  why  not  leave  the  matter 
to  the  Legislature?  I  am  afraid  we  are  laying 
ourselves  open  to  the  same  criticism  as  the  last 
Convention— that  we  are  leaving  nothing  for 
the  Legislature  to  do  but  to  pass  a  law  declar- 
ing whether  or  not  dogs  are  property.  I  think 
we  had  better  leave  something  to  the  Legisla- 
ture, and  not  attempt  to  put  into  this  Constitu- 
tion all  the  legislation  which  may  be  required 
for  the  State  for  the  next  ten  year.s. 

Mr.  W.\RWICK.  I  did  not  make  any  motion, 
because  I  understood  there  was  an  amendment 
pending. 

The  PRESIDENT.  The  question  is  on  the 
motion  to  recommit. 

Mr.  KENNEDY.  I  hope  the  gentleman  will 
offer  his  amendment  in  such  a  form  as  to  make 
it  obligatory  on  the  Registrar  to  require  the 
oath  to  be  taken  by  every  man,  whether  he  is 
challenged  or  not. 

Mr.  WARWICK.  I  will  move  to  amend  the 
motion  to  n  commit,  so  as  to  recommit  the  sec- 
tion with  instructions  to  insert  between  the 
word  "  who "  and  the  word  "  refuses,"  the 
words,  "  when  challenged  before  the  Regis- 
trar." 

Mr.  STURTEVANT.  I  am  somewhat  of  the 
same  opinion  as  the  gentleman  from  Storey 
(Mr.  Fitch)  in  regard  to  our  legislating  here. 
I  If  you  were  to  insert  the  whole  proceedings  of 
t  a  camp  meeting  in  this  section.  I  do  nut  see  as 
j  it  would  make  any  particular  difference.  [Mer- 
riment.] These  little  technicalities  ought  to 
be  left  to  be  regulated  by  the  Legislature,  for 
it  is  not  to  be  presumed  that  we  are  going  to 
enact  an  entire  election  law  here.  We  cannot 
Well  do  it  if  we  would.  I  am  in  hopes  that  we 
shall  come  speedily  to  a  vote  on  these  numer- 
ous amendments,  and  either  kill  or  cure.  We 
can  vote  them  all  up,  or  all  down,  in  about  two 
minutes,  if  we  will. 

The  question  was  taken  on  the  amendment 
offertd  by  Mr.  Warwick,  and  it  was  not  agreed 
to. 

The  question  was  then  taken  on  the  motion 
of  Mr.  Cliapin  to  recommit,  with  instructions 
to  amend  by  striking  out  the  oath  and  all  re- 
lating thereto,  and  it  was  agreed  to. 

ni.STRlBUTION   OP   POWERS. 

Article  III,  entitled  "Di.stribution  of  Powers," 
was  taken  up  on  its  third  reading,  and  read  as 
follows  : — 

ARTICLE  III. 

REfTioN  1.  Tlie  powers  of  the  rxovcrnmenl  of  the 
.State  of  Nevada  sliall  be  divided  into  three  seiiarate  de- 
jiartiiieiitH— the  Le;,'islative,  tlie  Kxecutive,  and  Judi- 
cial— aud  uo  persou  cliargud  with  the  exercise  of  pow- 


8th  day.] 


LEGISLATIVE  DEPAllTMENT. 


247 


Tuesday,] 


Dunne — DeLong. 


[July  12. 


ers  properly  belonfjing  to  one  of  these  departments, 
shall  exercise  any  functions  appertaining  to  either  of 
the  others,  except  in  the  cases  herein  expressly  directed 
or  permitted. 

The  question  being  on  the  final  passage  of 
the  article,  the  yeas  and  nays  were  taken,  and 
the  vote  resulted— yeas,  31  ;  nays,  none,  as  fol- 
lows : — 

Teas — Messrs.  Banks,  Belden,  Brady,  Brosnan,  Cha- 
pin,  Collins,  Crawford,  Crosman,  DeLong,  Dunne, 
Fitch,  Folsom,  Gibson,  Haines,  Hovcy,  Hvidson,  Ken- 
nedy, Kinkead,  Lockwood,  Mason.  JlcClinton,  Mur- 
dock,  Nourse,  Parker,  Proctor,  Sturtevant,  Tagliabue, 
Tozer,  Warwick,  Wetherill,  and  Mr.  President — 31. 

Nays — none. 

So  the  article  was  passed. 

LEGISLATIVE    DEPARTMENT. 

Article  IV,  entitled  Legislative  Department, 
was  taken  up  on  its  third  reading,  and  read  as 
far  as,  and  including,  Section  3. 

Mr.  DUNNE.  I  move  to  recommit  this  arti- 
cle, with  instructions  to  strike  out  the  words  in 
Section  3,  '*  on  the  Tuesday  next  after  the  first 
Monday  in  November,"  and  to  insert  instead  the 
words,  "  on  the  first  AVedaesday  in  Septem- 
ber ;  "  and  also  to  add  to  the  section  the  words 
"  except  as  hereinafter  provided."  I  will  ask 
that  the  Secretary  read  the  section  as  it  will 
stand  if  amended. 

The  SECRETARY  read  as  follows  :— 

Sec.  3.  The  members  of  the  Assembly  shall  be  cho- 
sen biennially,  by  the  qualified  electors  of  their  re- 
spective districts,  on  the  first  Wednesday  in  Septem- 
ber, and  their  term  of  oihce  shall  be  two  years  from 
the  day  next  after  their  election,  except  as  hereinafter 
provided. 

Mr.  DUNNE.  One  rea.son  for  offering  this 
amendment  is,  that  in  November  great  numbers 
of  our  qualified  electors  return  to  the  Stale  of 
California  to  spend  the  winter,  and  on  that  ac- 
count, if  we  have  the  election  in  November,  it 
will  reduce  our  apparent  vote.  It  is  quite  an 
object  for  us  to  show  a  large  vote,  for  the  pur- 
pose of  securing  a  large  representation  in  Con- 
gress. I  think,  also,  that  November  is  too  late 
in  the  season.  As  a  general  thing,  the  weather 
would  be  much  better  for  campaigning  in  Sep- 
tember. Again,  that  is  the  time  for  the  Presi- 
dential election,  every  four  years.  These 
things  will  certainly  commend  themselves  to 
almost  every  member  here,  though  Storey  Coun- 
ty may  not  be,  perhaps,  so  much  in  favor  of 
the  change,  as  that  is  a  very  small  county,  as 
regards  its  territorial  extent,  and  there  is  not 
much  difficulty  in  travelling  about  in  it.  I 
think,  however,  that  I  here  are  very  potent  rea- 
sons for  making  the  change  in  these  two  re- 
spects. At  all  events,  I  desire  to  bring  the 
Bubjict  V)efore  the  Convention. 

Mr.  DeLONG.  I  am  willing  to  support  the 
amendment  if  we  can  have  it  engrafted  right 
into  the  article  at  once  ;  but  if  we  go  to  recom- 
mitting all  these  sections,  we  shall  never  get 
through  in  the  world. 

Mr.  DUNNE.  I  will  ask  a  suspension  of  the 
rules,  in  order  to  make  the  amendment  now. 

The   question  was  taken  on  the  motion  to 


suspend  the  rules,  and,  upon  a  division,  it  was 
not  agreed  to — ayes,  15;  nays,  11— not  two- 
thirds  having  voted  in  the  affirmative. 

Mr.  DUNNE.  Now  I  renew  my  motion  to 
recommit  the  section,  with  the  instructions 
which  have  been  read. 

The  question  was  taken,  and  on  a  division 
the  motion  was  agreed  to — ayes,  15  ;  nays,  13. 

EXECUTIVE    DEPARTMENT. 

Article  V,  entitled  Executive  Department, 
was  takea  up  on  its  third  reading  and  read,  as 
follows  : — 

ARTICLE  V. 

EXECUTFVE   DEPAltTMENT. 

Section  1.  The  supreme  executive  power  of  this 
State  shall  be  vested  in  a  Chief  Magistrate,  who  shall 
be  Governor  of  the  State  of  Nevada. 

Sec.  2.  The  Governor  shall  be  elected  by  the  quali- 
fied electors  at  the  time  and  places  of  voting  for  mem- 
bers of  the  Legislature,  and  shall  hold  his  olHce  for 
four  years  from  the  time  of  his  installation  and  until 
his  successor  shall  be  quahfied. 

Sec.  3.  No  person  shall  be  eligible  to  the  ofiBce  of 
Governor,  who  is  not  a  qualified  elector,  and  who,  at 
the  time  of  such  election,  has  not  attained  the  age  of 
twenty-five  years;  and  who,  except  at  the  first  election 
under  this  Constitution,  shall  not  have  been  a  citizen 
resident  of  this  State  for  two  years  next  preceding  the 
election. 

Sec.  4.  The  returns  of  every  election  for  Governor, 
and  other  State  ofiicers  voted  for  at  the  general  elec- 
tion, shall  be  sealed  up  and  transmitted  to  the  seat  of 
Government,  directed  to  the  Secretary  of  State,  and  on 
the  third  Monday  of  December  succeeding  such  elec- 
tion, the  Chief  Justice  of  the  Supreme  Court  and  the 
Associate  Justices  shall  meet  at  the  ofiice  of  the  Secre- 
tary of  State,  and  open  and  canvass  the  election  re- 
turns for  Governor  and  aU  other  State  oflicers,  and 
forthwith  declare  the  result  and  publish  the  names  of 
the  candidates  elected.  The  persons  having  the  highest 
number  of  votes  for  their  respective  offices  shall  be 
declared  elected,  but  in  case  any  two  or  more  have  an 
equal,  and  the  highest  number  of  votes  for  the  same 
office,  the  Legislature  .shall,  by  joint  vote  of  both 
Houses,  elect  one  of  said  persons  to  fill  said  office. 

Sec.  5.  The  Governor  shall  be  commander-in-Chief 
of  the  Military  forces  of  this  State,  except  when  they 
shall  be  called  into  the  service  of  the  United  States. 

Sec.  6.  He  shall  transact  all  Executive  business 
with  the  officers  of  the  Government,  civil  and  military, 
and  may  require  information,  in  writing,  from  the  offi- 
cers of  the  Executive  Department,  upon  any  subject 
relating  to  the  duties  of  their  respective  offices. 

Sec.  7.  He  shall  see  that  the  laws  are  faithfully  exe- 
cuted. 

Sec.  8.  WTien  any  office  shall,  from  any  cause,  be- 
come vacant,  and  no  mode  is  provided  by  the  Consti- 
tution and  laws  for  fiUing  such  vacancy,  the  Governor 
shall  have  power  to  fill  such  vacancy  by  granting  a 
commission,  which  shall  expire  at  the  next  election 
and  qualification  of  the  person  entitled  to  such  office. 

Sec.  9.  The  Governor  may,  on  extraordinary  occa- 
sions, convene  the  Legislature,  by  a  proclamation,  and 
shall  state  to  both  Houses,  when  organized,  the  pur- 
pose for  which  they  have  been  convened,  and  the  Leg- 
islature shall  transact  no  legislative  business  except 
that  for  which  they  were  specially  convened,  or  such 
other  legislative  business  as  the  Governor  may  call  to 
the  attention  of  the  Legislature  while  in  session. 

Sec.  10.  He  shall  communicate  by  message,  to  the 
Legislature,  at  every  regular  session,  the  condition  of 
the  State,  and  recommend  such  measures  as  he  may 
deem  expedient. 

Sec.  11.  In  case  of  a  disagreement  between  the  two 
Houses,  with  respect  to  the  time  of  adjournment,  the 
Governor  shall  have  power  to  adjourn  the  Legislature 
to  such  time  as  he  may  think  proper;  provided,  it  be 
not  beyond  the  time  fixed  for  the  meeting  of  the  next 
Legislature. 


248 


EXECUTIVE  DEPARTMENT. 


[8th  day. 


Tuesday,] 


Dln'xk — FrrcH — Chapin — Nourse — DeLoxg. 


[July  12. 


Sec.  12.    No  person  shall,  while  holding  any  office  ! 
undur  the  Uiiitod  Stat<-.s  tiovfruiiuiit,  hold  the  office 
of  Oovtruor,  ixoi^pt  a.s  hert-iu  txpiissly  provided.  | 

Sec.  13.  The  Govi  rnor  shall  have  the  power  to  s«R-  ' 
pend  the  eolleetion  of  fines  and  forfeitures,  and  to 
grant  reprievt-s  for  a  period  not  exceeding  sixty  days, 
dating  from  tlie  time  of  eouvietiou,  for  all  otlenses,  ex- 
cept in  east  s  of  impeachment.  rpi>n  conviction  for 
treason,  he  shall  have  power  to  suspend  the  execution  of 
the  sentence  until  the  case  shall  be  reported  to  the  L(  gis- 
lature  at  its  next  meeting,  when  the  Legislature  shall 
cither  pardon,  direct  the  execution  of  the  sentence,  or 
grant  a  further  reprieve.  And  if  the  Legislature 
should  fail  or  refuse  to  make  tinal  disposition  of  sucli 
case,  the  sentence  shall  then  be  enforced  at  such  time 
and  place  as  tlu-  Governor,  by  his  order,  may  direct.  The 
Governor  shall  conimunic;ate  to  the  Legislature,  at  the 
begining  of  every  session,  every  case  of  fine  or  forfeit- 
ure remitted,  or  reprieve,  pardon,  or  commutation  | 
granted,  stating  the  name  of  the  convict,  the  crime  of 
wliich  he  was  convicted,  the  sentence,  its  date,  and  the  j 
date  of  the  remission,  commutation,  iiardon  or  re- 
prieve, i 

Sec.  14.     The  Governor,   Justices  of  the  Supreme  : 
Court,  and  Attorney  General,  or  a  major  part  of  them,  | 
of  whom  the  Government  shall  Vie  one,  may,  ui>on  8uc]i 
conditions  and  with  such  Umitations  and  restrictions 
as  they  may  think  proper,  remit  fines  and  forfeitures. 
commute  punishments,  and  grant  pardons  after  con-  I 
victions  in  all  cases,  except  treason  and  imptacliments, 
subject  to  such  regulations  as  may  be  ijrovided  by  law, 
relative  to  the  manner  of  applying  for  pardons. 

Sec.  15.  There  shall  be  a  seal  of  this  State,  which  j 
shall  be  kept  by  the  Governor,  and  used  by  him  offi- 
cially, and  shall  be  called  the  "Great  Seal  of  the  State 
of  Nevada."  j 

Sec.  Ifi.  All  grants  and  commissions  shall  be  in  the 
Dame  and  by  the  authority  of  the  .State  of  Nevada. 
sealed  with  the  Great  Seal  of  the  State,  signed  by  the' 
Governor,  and  countersigned  by  the  .Secretary  of  State. 

Sec.  17.  A  Lieutenant  Governor  shall  be  elected  at 
the  same  time  and  places,  and  in  tlie  same  manner  as 
the  Governor,  and  his  t*.'rm  of  office  and  his  eligibihty  ; 
shall  also  be  the  same.  He  sliall  be  President  of  the  i 
Senate,  but  shall  only  have  a  casting  vote  tlierein.  If 
during  a  vacancy  of  the  office  of  Governor,  the  Lieu-  '< 
tenant  Governor  shall  beimpeaclud,  displaced,  resign,  ! 
die,  or  become  incai)able  of  performing  the  duties  of  J 
the  office,  or  be  absent  from  the  State,  tlie  President 
pro  trmjxtre.  of  the  Senate,  shaU  act  as  the  Governor, 
until  the  vacancy  be  filled  or  the  disability  cease.  I 

Sec.  18.  In  case  of  the  impeaclimentof  the  Gov-  I 
crnor,  or  his  removal  from  office,  diatli,  inability  to  ; 
discharge  the  duties  of  said  oliiic,  nsignation  or  ab- I 
Bencc  from  the  State,  the  powers  and  duties  of  the  ' 
office  shall  devolve  upon  the  Lieutenant  Go\ernor,  for 
tlie  residue  of  the  t<'rm,  or  until  the  disability  shall  ' 
cease.  But  when  the  Governor  shall,  with  the  consent  I 
of  the  Legislature,  be  out  of  the  State  in  time  of  war,  | 
and  at  the  hejid  of  any  military  forcir  theretjf,  ho  .shall 
cfiutinue  Commander-in-Chief  of  the  military  force  of 
the  Stit*!. 

Sec.  19.     A  Secretarj'  of  State,  a  Treasurer,  a  Con- 
troller, and  an  .\ttorney  Generi>l,  sliall  be  elected  at  the 
time  and  places,  and  in  the  same  maiim  r  as  the  Gov-  ' 
*rnor.     The  term  of  office  of  each  shall  be  the  same  as  j 
is  i>r<-8cribi-d  for  the  Govc-rnor.     Any  elector  shall  be 
eligible  to  either  of  said  offices. 

Sec.  -jo.     The  Secretary  of  State  shall  keep  a  true  ' 
record  of  the  official  acts  of  the  Legislature  and  Kxec- 
mive  I>e]iartmeut«  of  the  Government,  and  shall,  when 
re<|Uired,  lay  the  same,  and  all  matters  relative  there-  i 
to.  before  either  branch  of  the  Legislature,  I 

Sec.  21.     The  Governor,  Secretary  of  State,  and  At-  ' 
tomey  (ieneral  shall  constitute  a  Board  of  State  Prison  ' 
<'ommissioners,  which  Hoard  shall  have  such  supcT- 
vision  of  all  matters  conni'cted  with  the  Stute  Prison  I 
as  may  be  providi-d  by  law.     They  shall  also  consti-  ' 
tute  a  •'  Hoard  of  Examiners,"  with  i«iwer  to  examine 
all  claims  against  the  Stat<',  (except  salaries  or  coiiipen- 
iiation  of  officers  as  Ijxed  by  law),  and  iierform  such 
other  duties   as   may  be  presi-ril>ed   by  law.     And  no 
claim  against  the  State,  except  salarii's  or  eompi-nsii- 
tion  of  officers  fixed  by  law,  shall  be  passed  ajjou  by 


the  Legislature,  without  having  been  considered  and 
acted  upon  by  said  Board  of  Examiners. 

Sec.  22.  The  Secretary  of  State,  State  Treasurer, 
State  Controller,  Attorney  General,  and  Superintend- 
ent of  Public  Instruction,  shall  XJerform  such  other  du- 
ties as  may  be  prescribed  by  law. 

Mr.  DUNNE.  Before  the  question  is  taken 
on  the  liiial  passage  of  tlie  article,  I  call  the 
attention  of  the  member  who  gave  notice  of 
his  purpose  to  move  an  amendment  in  respect 
to  the  term  of  office  of  four  years  for  the  Gov- 
ernor. If  he  wishes  to  offer  that  amendment 
now  is  the  time  to  do  so,  unless  gentlemen 
think  tliat  the  matter  can  be  reached  in  the 
sclicdule. 

Mr.  FITCH.  I  believe  I  gave  that  notice, 
but  upon  reflection,  I  ^vill  not  offer  the  amend- 
ment. 

SURVEYOR    GENERAL. 

Mr.  CHAPIN.  I  wish  to  move  an  amend- 
ment in  Section  19,  to  add  after  the  word 
"Controller,"  the  words,  a  J- Surveyor  Gen- 
eral," so  that  the  section  will  read— 

"A  Secretary  of  State,  a  Treasurer,  a  Controller,  a 
Surveyor  General,  and  an  Attorney  General  shall  be 
elected,"  etc. 

The  PRESIDENT.  That  can  only  be  done  by 
unanimous  consent. 

Mr.  NOURSE.  I  object.  What  do  want  of 
a  Surveyor  General  ? 

l\Ir.  CIIAPIN.  Then  I  move  to  recommit  the 
article  with  instructions  to  make  that  amend- 
ment. We  have  public  lands  which  will  re- 
quire the  attention  of  such  an  officer. 

Mr.  DeLONG.  I  believe  the  Act  of  Con- 
gress donates  to  us  five  hundred  thousand 
acres,  and  the  State  may  require  to  have  it 
segregated,  by  the  joint  action  of  the  Surveyor 
General  of  the  United  States,  and  the  Surveyor 
General  of  the  State. 

Mr.  CIIAPIN.  There  is  no  doubt  that  we 
need  such  an  officer. 

Mr.  NOURSE.  I  would  like  to  see  the  law 
in  respect  to  that  donation.  I  know  that  Min- 
nesota got  her  lauds  without  any  Surveyor 
General. 

Mr.  DkLOXG.  I  think  I  can  find  the  law  for 
thegeiitlcmati. 

Mr.  CIIAPIN.  I  move  to  suspend  the  rules 
in  order  to  make  the  amendment  without  re- 
commitment. 

The  (juestion  was  taken,  and  the  motion  was 
not  agreed  to. 

Tlie  PRESIDENT.  The  question  now  is  on 
recommitting  the  article,  with  special  instruc- 
tions, to  make  the  amendment. 

Mr.  NOURSE.  I  rise  to  a  question  of  order, 
riie  time  has  arrived  for  the  rec(!ss. 

The  {'RESIDENT.  The  gentleman  is  cor- 
rect. The  hour  (twelve  o'clock)  for  the  recess 
having  arrived,  the  Convention  is  at  recess  un- 
til two  o'clock. 

AFTERNOON  SESSION. 
The  Convention  met  at  two  o'clock,  and  was 
called  to  order  by  the  President. 


8th  day.] 


EXECUTIVE  DEPARTMENT. 


249 


Tuesday.] 


Chapin— NouRSE — DeLoxo. 


[July  12. 


The  SECRETARY  reported  that  twenty- 
eight  members  were  present. 

EXECUTIVE  DEPARTMENT — SURVEYOR  GENERAL. 

The  PRESIDENT.  The  business  before  the 
Convention  is,  the  consideration  of  the  motion 
made  by  the  gentleman  from  Storey,  (Mr. 
Chapin),  to  recommit  Article  V,  eutitlfd  '•  Ex- 
ecutive Department,"  with  instructions  to 
amend  Section  19,  by  inserting  after  the  word 
'■  Controller,"  the  words,  a  "  a  Surveyor  Gen- 
eral." 

Mr.  CHAPIN.  I  will  modify  my  motion.  I 
move  to  refer  the  article  to  a  select  committee 
of  three,  with  instructions  to  make  that  amend- 
ment and  report  immediately. 

Mr.  NOURSE.  I  have  a  word  to  say  about 
that  motion  before  the  vote  is  taken.  It  has 
been  suggested  by  the  gentleman  from  Storey 
on  my  right,  (Mr.  Dt  Long),  with  his  usual  ac- 
curacy of  legal  citation,  that  the  law  granting 
lands  to  the  several  States  for  the  purposes  of 
internal  improvements,  provided  that  such 
lands  should  be  selected  by  the  United  States 
Surveyor  General,  acting  in  conjunction  with 
the  Surveyor  General  of  the  State,  or  wo;ds  to 
that  effeet.  Now,  sir,  that  law  was  passed  in 
1841,  and  it  reads  as  follows  : — 

"  There  shall  be  granted  to  each  State  specified  in 
the  first  section  of  this  act  five  hundred  thousand 
acres  of  laud  for  purjjoses  of  internal  imiirovement: 
provided,  that  to  each  of  the  said  States  which  has  al- 
ready received  grants  for  said  jDui-poses,  there  is  here- 
by granted  no  more  than  a  quantity  of  land  which 
shall,  together  with  the  amount  such  State  has  already 
received  as  aforesaid,  make  five  hundred  thousand 
acres,  the  selections  in  all  of  the  said  States  to  be  made 
■within  their  hniits  resiiectively,  in  such  manner  as  the 
Legislatures  thereof  shall  direct;  and  located  in  parcels 
conformably  to  sectional  di\asions  and  subdivisions,  of 
not  less  than  three  hundred  and  twentj'  acres  in  any 
one  location,  on  any  jjubhc  land  except  such  as  is  or 
maj'  be  reserved  from  sale  b3-  any  law  of  Congress,  or 
proclamation  of  the  President  of  the  United  States, 
which  said  location  may  be  made  at  any  time  after 
the  lands  of  the  United  States  in  said  States  respect- 
ively shall  have  been  siuveyed  according  to  existing 
laws.  And  there  shall  be,  and  hereby  is,  granted  to 
each  new  State  that  shall  loe  hereafter  admitted  into 
the  Union,  upon  such  admission,  so  much  laud  as,  in- 
cludiug  such  quantity  as  may  have  been  granted  to 
such  State  betore  its  admission,  and  while  under  a  Ter- 
ritorial Government,  for  jjurposes  of  internal  improve- 
ment as  aforesaid,  shall  make  five  hundred  thousand 
acres  of  land,  to  be  selected  and  located  as  aforesaid." 

Now.  Mr.  President,  I  do  not  see,  so  far  as 
that  statute  goes,  or  so  far  as  relates  to  any 
other  lands  which  this  State  is  going  to  receive 
from  the  General  Government,  what  a  State 
Surveyor  General  has  to  do.  In  relation  to 
school  lands:  there  are  no  grants  of  school 
lands  until  the  townships  are  divided  into  dis- 
tricts, and  surveyed,  so  as  to  know  where  the 
sixteenth  and  thirty-sixth  sections  are.  After 
the  survey,  showing  where  the  section  lines 
are,  those  sections  may  be  located  ;  and  only 
after  the  United  States  has  surveyed  the  lands. 
can  we  make  the  selection.  What  on  earth,  then. 
have  we  for  a  Surveyor  General  to  do  ?  And 
why  should  we  fill  up  ourState  Government  with 
sinecure  offices  ?    I  can  see  only  one  advantage 


to  be  derived,  and  that  is,  that  some  very  good 
fellow  indeed  may  get  a  sinecure  office.  An 
office  is  to  be  created,  with  a))solute]y  no  du- 
ties to  be  performed,  just  for  the  sake  of  giving 
it  away  to  somebody.  For  these  reasons,  I 
shall  vote  against  the  motion  to  recommit. 

Mr.  DeLONG.  The  gentleman  has  read  the 
original  act  of  Congress,  but  to  that  act  there 
have  been  at  least  a  dozen  amendments.  Now, 
sir,  it  happened  to  be  my  duty,  as  well  as  my 
pleasure,  to  act  as  counsel  in  a  case  involving 
the  title  to  the  land  where  the  town  of  Red 
Bluff  is  situated.  That  land  had  been  located 
by  school-land  warrant,  by  N.  L.  Clark  and 
others,  in  18.52,  and  finally  passed  into  the 
hands  of  J.  Granville  Doll,  he  claiming  under 
the  location  of  school-land  warrants  made  be- 
fore the  division  or  subdivision  of  townships 
made  by  the  General  Government.  The  case 
may  be  found  in  the  Fourth  California  Reports. 
After  the  United  States  survey  was  made,  so 
as  to  establish  the  division  lines,  it  became  a 
serious  question  as  to  the  validity  of  those  lo- 
cations under  the  school-land  warrants,  but 
they  were  confirmed  by  the  Supreme  Court  of 
California.  The  citizens  of  Red  Bluff  then,  at 
my  suggestion,  applied  to  the  Land  Department, 
at  the  office  in  Marysville,  to  have  that  loca- 
tion sanctioned  and  confirmed,  but  the  Laud 
Department  of  California  denied  us  the  relief 
we  sought.  We  then  applied  to  the  United 
States  Land  Comn)issioner  in  Washington, 
Judge  Edmonds,  and  the  matter  was  submitted 
before  him  upon  briefs  prepared  by  Mr.  Edward 
Cadwallader,  of  Sacramento,  and  myself;  and 
Judije  Edmonds  decided  in  favor  of  the  citizens 
of  Red  Bluff.  That  decision  is  now  on  file  ia 
the  office  of  the  Secretary  of  the  Interior.  In 
his  decision  Judge  Edmonds  held  that  the  seg- 
regation contemplated  by  law  in  relation  to 
school-land  warrants  was  to  be  made  by  the 
cooperation  of  the  United  States  Surveyor  Gen- 
eral and  the  Surveyor  General  of  the  State  of 
California,  acting  coordinately,  and  that  the 
rep  rts  of  those  two  officers,  if  they  agreed, 
should  be  submitted  to  the  Land  Department 
for  approval.  That  was  the  decision  of  Judge 
Edmonds  in  the  case  of  the  citizens  of  Red 
Bluff  vs.  J.  Granville  Doll,  which  is  now  oa 
file  in  the  city  of  Washington.  I  do  not  re- 
member the  language  of  the  statute,  although 
I  was  engaged  five  days  in  trying  the  ease,  and 
nearly  twenty  more  in  making  my  brief ;  but  I 
know'itwasa  point  made  by  me  in  the  case, 
and  Judge  Edmonds  distinctly  decided,  that  the 
segregation  of  the  public  lands  i*hould  be  a 
joi'nt  act  on  the  part  of  the  officers  of  the  State 
and  those  of  the  General  Government.  It  was 
an  equity  right  on  the  part  of  the  State.  They 
were  entitled  to  so  many  acres  before  they 
were  segregated,  and  when  that  .'^egregatiou 
took  place,  the  operations  of  those  officers 
must  be  approved  by  the  Land  Department. 

Mr.  NOURSE.  that  is  precisely  so;  but 
there  is  one  thing  which  is  overlooked.  The 
gentleman  neglects  to  make  the  statement  that 


250 


EXECUTIVE  DEPARTMENT. 


[8th  da/. 


Tuesday,] 


DeLoxg — NoiRSE — President — Brosnan — Kennedy. 


[July  12. 


the  State  authorities  simply  took  such  action 
as  was  proscribed  by  tiie  Lngislature  of  Cali- 
fornia. If  the  Legislature  chose  to  create  the 
office  of  Surveyor  General,  and  to  say  that  he 
should  locate  those  lands,  then,  of  course,  it  is 
competent  for  him  to  act. 

.Mr.  DkLON'O.  Will  the  f;entleman  allow  ni'^ 
to  ask  him  a  question?  If  we  do  not  provide 
for  a  Surveyor  General,  what  oflicer  will  have 
that  piiwir? 

Mr.  N'OURSE.  Why,  it  will  he  done  as  it 
has  repeatedly  been  done  in  almost  all  the 
Western  States.  It  m  ly  be  done  by  the  Gov- 
ernor, the  Secretary  of  State,  or  any  other  offi- 
cer. The  law  prescribes  that  the  sefrrepation 
shall  be  made  after  the  survey  by  the  United 
States.  All  there  is  to  do  is,  not  to  run  the 
lines,  but  simply  to  make  the  selections,  which 
the  Governor,  the  Secretary  of  State,  or  any 
oth"r  officer  can  do,  just  as  well  as  a  Siirvoyor 
General.  Tl)ere  is  no  surveying  to  be  done 
about  it.  but  we  avail  ourselves  of  the  survey 
made  by  the  United  States.  This  very  decision 
in  respect  to  the  location  of  those  school-lauds 
which  the  gentleman  has  referred  to,  sustains 
my  view.  It  wa?  decided,  as  he  say.s.  that  that 
location  had  no  operation  whatever,  until  the 
action  t)y  tlie  State  Government  had  been  ap- 
proved t)y  the  United  States  awtliorities,  after 
the  survey.  Under  the  law  which  I  have  read, 
neither  this  grant  for  internal  improvements, 
nor  any  other  grants  to  the  State  by  the  Gen- 
eral Government,  can  be  located  and  confirmed 
until  the  section  lines  are  run  ;  and  they  must, 
of  course,  be  run  by  the  United  States  Survey- 
or, before  such  location  can  possibly  be  made. 
So  it  appears,  therefore,  that  this  office  is  en- 
tirely unnecessary.  We  may.  if  we  please, 
create  such  an  office,  and  give  the  incumbent  a 
salary,  if  our  State  (expenses  are  not  high 
cnougli  without ;  and  then  the  Legislature  may 
assign  to  him.  if  they  please,  the  duty  of  mak- 
ing these  selections.  I  do  not  dispute  that; 
but  I  say  there  are  no  duties  necessary  to  be 
performed,  which  would  require  such  an  officer, 
and  if  we  criate  the  office,  it  is  merely  a  wanton 
expanse  imposed  upon  the  people  of  this  State. 

Mr.  DkLON(J.      The  Constitution  which  we 
propose  to   adopt,  names  the  respective  State 
officers,  and  defines  their  duties,  and   I  believe 
it  is  a   principle  of  law  that  the  Legislature 
cannot,  where  the  Constitution   pre.ecribes  tiie ' 
duties  of  an  officer,  clothe  him  witli  any  other 
or  fiiriher  |iowers  and  duties,  than  tiio.se  which 
are  so  d  ifiru'd  in  the  Constitution.     Now.  I  sut)-' 
mit  tliat  by  the  terms  of   this  section,  neither; 
the    Governor,  the  Lieutenant   Governor,  the' 
Controller,    the   Secretary  of    State,  nor  any ' 
other  ofHcer  of  the  State,  is  authorized  to  make  i 
these  Selections,  and   no   such  duty  can  be  im- 
posc-d,    nor   any  such    power   conferred,   upon 
either  of  them.  i 

The  I'UIvSIDKNT.  Will  the  gentleman  allow  ' 
m''  t(»  correct  him.  If  he  will  look  at  Section  i 
22.  of  this  article  on  Kxecutive  De|)artment. 
he  will  find  that  the  officers  of  the  State  are  I 


required  to  "perform  such  other  duties  as  may 

be  prescribed  l>y  law." 

Mr.  DkLONG.  Very  well;  I  presume,  then, 
that  that  position  is  untenable,  and  the  Legis- 
lature might  confer  upon  the  Governor,  Attor- 
ney General,  or  other  State  officers,  further 
powers.  Tliat  provision  had  escaped  my  atten- 
tion. But  then,  there  is  another  principle  of 
law  which  intervenes,  and  that  is,  that  if  the 
Legislature  prescribes  any  further  duties  to  be 
performed  bj'  an  officer  than  those  which  were 
prescrilied  by  law  at  the  time  of  his  election, 
he  is  not  compelled  to  perform  those  additional 
duties,  and  ))robably  would  not,  without  addi- 
tional compensation.  If  that  is  the  case,  where 
is  the  saving  of  money? 

Mr.  NOURSE.  Where  is  the  authority  for 
that  principle  of  law  ? 

Mr.  DeLONG.  I  suppose  it  would  not  be 
considered  gojd  authority  by  the  gentleman 
from  Washoe,  because  it  is  the  authority  of  the 
Supreme  Court  of  California,'  and  to  him  I 
might  about  as  well  quote  Old  Mother  Goose, 
since  he  holds  that  court  in  utter  contempt.  I 
suppose  it  will  be  necessary  to  get  Minnesota 
authorities,  if  I  want  to  convince  him.  It  has 
been  suggested  to  me  that  that  was  the  only 
way  to  show  the  gentleman  from  Washoe  that 
a  State  can  build  a  railroad. 

Now,  I  insist  that  this  office  of  Surveyor 
General  is  necessary,  because  the  locations 
must  be  made  according  to  the  division  and 
subdivision  lines,  as  estaldished  and  laid  down 
by  the  General  Government.  In  the  making  of 
the  .selections  of  school-lands,  as  provided  by 
law,  we  shall  certainly  need  that  officer.  But 
we  can  fi.x  his  salary,  or  the  maximum  of  his 
salary,  at  a  vtry  low  figure.  I  take  it  for 
granted  that  in  any  new  country,  official  sur- 
veyors are  required,  and  especially  where,  as 
in  our  case,  there  are  already  on  the  statute 
books  some  laws  relating  to  such  officers.  We 
propose  to  retain  the  statutes  which  we  have 
on  our  territorial  statute  books  in  relation  to 
County  Surveyors,  and  it  would  be  a  sort  of 
adventure,  in  my  opinion,  to  leave  out  this  of- 
fice of  Surveyor  General. 

Mr.  BROSNAN.  I  am  disposed  to  think  that 
the  office  of  Surveyor  General  is  a  necessary 
one,  and  one  principal  reason  why  I  shall  vote 
for  it  is  this  :  that  in  case  of  a  dispute  or 
controversy  between  two  counties  in  regard  to 
their  boundary  line,  it  is  important  to  have  an 
authority  to  which  either  county  may  ai»peal. 
Ttiere  ouglit  to  be  some  head  to  decide  where 
the  dividing  line  should  be  located  in  such  a 
case.  If  the  duties  of  the  office  are  not  likely 
to  be  onerou.s,  as  seems  to  be  the  general  im- 
pression, then  I  am  willing,  if  gentlemen  wish 
it.  to  leave  the  Legislature  to  establish  the 
amount  of  his  compen.sation.  I  hope,  at  all 
events,   the   amendment  will  be  adopted. 

Mr.  KKNNKDY.  I  am  in  favor  of  the  mo- 
tion to  reconunit,  with  the  propo.sed  instruc- 
tion, and  will  suggest  whether  it  would  not 
be  uecessary  to  amend  Scctioa  22,  also. 


8th  day.] 


RIGHT  OF  SUFFRAGE. 


251 


Tuesday,] 


Chapin — Kennedy — DeLong— Ckosman — Brosnan— Nourse. 


[July  12. 


Mr.  CHAPIN.  Yes,  sir  ;  I  will  modify  my 
motioa  so  as  to  embrace  an  amendment  to  Sec- 
tion 22.  by  inserting  therein  tiie  words  "  a  Sur- 
veyor General  "  after  the  word  '-Controller." 
It  is  the  same  amendment  as  that  proposed 
to  be  made  in  Section  19. 

The  question  was  taken  on  the  motion  to  re- 
commit, with  the  instruction,  as  modified,  to  a 
special  committee  of  three,  and  it  was  agreed 
to. 

The  PRESIDENT  appointed  Messrs.  Chapin, 
DeLong,  and  Proctor,  as  the  committee. 

Mr.  CIIAPIX,  from  the  special  committee, 
to  which  was  recommitted  Article  V,  with  in- 
structions to  amend  Sections  19  and  22,  by 
inserting  in  each  the  words,  "  a  Surveyor  Gen 
eral,"  immediately  reported  the  same  back  to 
the  Convention  amended  in  accordance  with 
the  instructions. 

On  motion  of  Mr.  DeLONG,  the  rules  were 
suspended  in  order  to  receive  the  report. 

On  motion  of  Mr.  IIAWLEY,  the  amend- 
ments reported  by  the  committee  were  agreed 
to. 

Mr.  KENNEDY.  I  desire  to  make  a  sugges- 
tion so  as  to  obtain  thesense  of  the  Convention 
upon  it,  and  that  is,  whether  or  not  the  State 
officers  are  to  receive  any  extra  compensation 
for  the  performance  of  those  extra  duties  pro- 
vided for  in  Section  22. 

The  PRESIDENT.  I  should  judge  that  it  is 
not  so  contemplated,  and  I  think  it  is  expressly 
provided  elsewhere  that  they  shall  not. 

Mr.  CHAPIN.  I  would  suggest  the  propri- 
ety of  an  amendment  in  Section  21,  that  the 
Surveyor  General  be  named  in  the  place  of 
the  Attorney  General  as  one  of  the  Board  of 
State  Prision  Commissioners. 

Mr.  DeLONG.  No,  I  would  not  do  that ; 
the  Surveyor  General  may  be  away  surveying 
when  it  is  necessary  for  the  Board  to  meet. 

Mr.  CHAPIN.  And  the  Attorney  General 
may  be  somwhere  else,  also. 

Mr.  DkLONG.    He  has  no  business  to  be. 

Mr.  CHAPIN.  Is  he  required  to  be  at  the 
Capital  ? 

Mr.  DeLONG.     That  is  his  place,  certainly. 

The  question  was  taken  by  yeas  and  nays  on 
the  final  passage  of  the  article,  and  the  vote 
resulted — yeas,  29  ;  nays,  1 — as  follows  : — 

Yeas — Messrs.  Banks,  Brosnau,  Brady,  Chapin,  Col- 
lins, Crawford,  Crosman,  DeLong,  Dunne,  Fitch,  Fol- 
som,  Gibson,  Haines,  Hawley,  Hovey,  Hudson,  Kin- 
kead,  Kennedy,  Mason,  McClinton,  Murdock,  Nour.se, 
Parker,  Proctor,  Sturtevant,  Taghabue,  Warwick, Weth- 
erill,  and  Mr.  President— 29. 

Nay — Mr.  Lockwood— 1. 

So  the  article  was  passed. 

RIGHT  OF   SUFFRAGE — THE  SOLDIERS'  VOTE. 

Mr.  CROSMAN.  I  will  ask  leave  of  the 
Convention,  inasmuch  as  Article  II  has  been 
recommitted  for  amendment,  to  propose  a  fur- 
ther amendment  to  that  article  here,  as  I  should 
otherwise  have  to  propose  it  when  the  article 
comes  up  again  in  Convention.  The  amend- 
ment I  wish  to  propose  is  in  Sectiou  5  of  the 


original  Article  II — or  Section  4  as  it  now 
stands— to  in.sert  the  following  : — ■ 

"  rrovidffl.  That  the  votes  so  cast,  for  officers  of 
a  lower  grade  than  State  officers,  shall  be  made  to  ap- 
jjly  to  the  county  from  which  said  voters  were  re- 
cruited. 

The  Convention  will,  I  think,  readily  see  the 
effect  of  this  amendment.  Take,  for  instance, 
Lyon  County,  where  there  are  some  four  or 
live  hundred  recruits  now.  If  that  vote  is 
counted  in  the  county,  upon  the  county  ticket, 
it  may  change  entirely  the  aspect  of  thinga 
there.  A  large  proportion  of  those  soldiers 
were  recruited  from  Storey  County,  and  the 
oljjt'ct  of  my  amendment  is  to  provide  that  the 
soldiers'  vote  shall  be  counted  in  the  respective 
counties  in  which  they  shall  have  been  re- 
cruited. 

Mr.  BROSNAN.  I  had  that  idea  in  my  mind 
at  the  time  I  ottered  a  substitute  for  this  sec- 
tion, providing  that,  in  the  election  of  officers 
above  the  grade  of  county  officers,  the  soldiers' 
vote  should  be  counted,  but  I  apprehend  the 
difficulty  is  obviated  by  the  language  as  it 
now  stands.  It  says  the  right  of  sutt'rage  shall 
be  enjoyed  "  by  all  persons  otherwise  entitled 
to  the  same."  They  are  required  by  other 
provisions  of  the  Constitution  to  have  been 
residents  of  the  county  thirty  days  before  vot- 
ing, etc.,  and  I  think  that  language,  as  it  is,  if 
it  is  fairly  understood  and  construed,  covers 
the  difficulty.  If  they  are  not  otherwise  quali- 
fied to  vote  for  the  officers  of  the  county,  al- 
though they  may  be  located  in  the  county  aa 
soldiers,  they  would  not  be  entitled  to  vote 
there.  In  other  words,  they  would  not  be  en- 
titled to  vote  for  county  officers  in  a  county, 
in  consequence  merely  of  their  being  there,  in 
the  service  of  the  United  States.  That  would 
be  my  understanding  of  it. 

Mr.  CROSMAN.  They  may  acquire  a  resi- 
dence by  being  there  thirty  days,  and  a  major- 
ity of  them  have  already  been  there  long 
enough  for  that.  I  think,  in  order  to  make  the 
matter  clear,  some  explanatory  clause  should 
be  inserted,  and  it  seems  to  me  that  this  is  the 
proper  place  for  it. 

Mr.  KENNEDY.  I  hope  this  amendment  will 
be  adopted.  Perhaps  we  feel  this  difficulty  in 
our  county  more  than  they  do  in  any  other. 
It  always  has  been  a  question  in  this  Terri- 
tory, (although  I  believe  it  has  been  passed 
upon  in  California,)  whether  or  not  soldiers  sta- 
tioned in  one  county  are  entitled  to  vote  there, 
having  been  recruittd  in  other  counties.  I  do 
not  thmk  it  is  fair  that  those  who  are  rtcruited  in 
Storey  County,  for  instance,  should  be  allowed 
to  come  up  and  vote  in  our  county  elections. 

Mr.  NOURSE.  I  agree  with  the  gentleman 
from  Storey,  (Mr.  Brosnan.)  that  this  matter  is 
already  provided  for.  This  section  seems  to 
me  to  provide  only  against  the  loss  of  the  right 
of  voting  on  the  part  of  the  soldier  who  may 
be  out  of  the  State,  and  we  find  in  another 
section  a  provision  that  "  no  person  shall  be 
deemed  to  have  lost  a  residence  by  reason  of 


252 


RIGHT  OF  SUFFRAGE. 


[8th  day 


Tuesday,] 


Chapix — NouRSE— President — Parker — Ckosman — Brosxax. 


[July  12 


his  absence  while  employed  in  the  service  of 
the  Uuited  States." 

Mr.  CllAl'lN.  I  would  remind  the  gentle- 
man  that  Sections  3  and  4.  as  here  printed,  in 
the  old  Constitntion.  have  been  stridden  out. 

Mr.  NOUKSE  'I'hen  there  certainly  should 
be  some  provision  made,  if  there  has  uot  been 
already. 

Mr.  "I'ARKER.  I  ha%-e  no  objection  to  this 
aniL-ndiumt  being  inserted,  but  I  would  like  to 
ask  h'  w  it  is  going  to  operate  '!  How  are 
soldiers,  under  the  command  of  their  otlicers. 
to  get  away  in  order  to  vote'.'  Are  they  going 
in  each  county  to  jjrepare  ballot-lioxes  and 
send  them  to  every  officer  who  has  command  ot 
soldiers  recruited  in  that  county,  or  are  the 
men  expected  to  go  to  that  county  to  vote? 
For  instance,  are  men  recruited  in  Virginia 
City  to  go  there  from  Lyon  County  to  cast 
their  votes? 

Mr.  CROS.M.A.N.  The  last  clause  of  this  sec- 
tion provid'.'S  tor  that.     It  says  :  — 

"  Provisiou  shall  be  made  by  law  regulating  the  man- 
ner of  votiug,  holding  elections,  and  making  returns 
of  such  elections." 

Mr.  NOURSE.  I  call  for  the  reading  of 
Section  3  as  it  has  been  amended. 

The  SECRETARY  read  Section  3,  as  fol- 
lows : — 

Sec.  3.  For  the  purpose  of  voting,  no  person  shall 
be  deemed  to  have  gained  or  lost  a  residence  by  reason 
of  his  presence  or  ab.sence  while  employed  in  the  ser- 
vice of  the  United  States;  nor  while  engaged  in  the 
na\-igatiou  of  the  waters  of  the  United  States,  or  of  the 
iiigh  seas;  nor  while  a  student  of  any  seminary  of 
learning;  nor  while  kept  at  any  almshouse  or  other 
asylum  at  public  expense;  uor  while  confined  in  any 
public  prison. 

Mr.  NOURSE.  It  seems  to  me  that  that 
covers  the  whole  case,  inasmuch  as  the  soldier 
has  not  gained  or  lo.st  any  residence.  The 
Legislature  lias  simply  to  provide  the  means 
to  establish  the  regulations  of  elections,  and  I 
take  it  the  Legislature  would  be  abundantly 
authorized  under  that  section,  to  provide,  as 
has  Iteen  done  in  otlier  States,  that  the  county 
officers  or  commissioners,  or  whatever  officers 
may  be  appointed  for  the  purpose,  may  take 
the  vote  of  llie  soldiers,  wherever  they  may  be. 
and  that  siicli  votes  shall  Ije  counted  as  a  part 
of  the  votes  of  the  respective  counties  where' 
they  bi'long.  For  instance,  the  commissioner 
at  Fort  Churchill  miglit  find  one  hundred 
voters  from  Storey  County,  who  would  vote 
for  officers  in  Storey  County  ;  and  then  ten 
voters  from  Washoe  County  who  would  vote 
for  officers  in  that  county,  and  so  on  through 
the  entire  list. 

The  I'RESIDEXT.  I  call  the  attention  of 
gentli-mi-n  to  Section  3  of  the  Enaliling  Act. 
wliicli  will  proljabiy  lurnish  some  guide  tor  tiie 
Convention  in  this  luitti-r.  It  reads  as  fol- 
lows : — 

"Hr.r.  3.  A/ul  he  it  further  enaclfl.  That  all  persons 
qualilied  by  law  to  vott^  for  representiitives  to  the  gen- 
eral aHHembly  of  said  Territory  at  the  dale  of  the 
paoHape  of  tliis  Act,  shall  be  qualified  to  be  elected,  ami 
they  arc  auUiorized  to  vote  for  i^d  choose  reijreaeuta- 


tives  to  form  a  Convention,  under  such  rules  and  regu- 
lations as  the  Governor  of  said  Territory  may  pre- 
scribe ;  and  also  to  vote  upon  the  acce))tauce  or  rejec- 
tion of  such  Constitution  as  may  be  formed  by  said 
Convention,  under  such  rules  and  regulations  as  the 
said  Convention  may  prescribe  ;  and  if  any  of  said 
citizens  are  enlisted  in  tne  army  of  the  United  States 
and  are  still  within  said  Territory,  they  shall  be  per- 
mitted to  vote  at  their  place  of  rendezvous,  and  if 
any  are  absent  from  said  Territory  by  reason  of  their 
enlistment  in  the  army  of  the  United  States,  they  shall 
be  iirruiitti-d  to  vote  at  their  place  of  service,  under 
the  rules  and  regulations  in  each  case  to  be  prescribed 
as  aforesaid,"  A:c. 

Mr.  NOURSE.  That  applies  only  to  the  first 
election,  but  wo  are  here  making  a  law  for  all 
time — an  organic  law.  I  understand  that  tliis 
section  of  tiie  Enabling  Act  provides  only  for 
this  first  election  under  the  Constitution,  and 
for  the  vote  on  the  Constitution. 

Mr.  CH.U'IN.     That  is  all. 

Mr.  BROSNAN.  The  modus  operandi  of  tak- 
ing the  votes  of  those  who  are  in  the  military 
service  of  the  country,  (although  it  is  a  matter 
of  legislation,  to  be  sure,  to  prescrit)e  the  man- 
ner in  which  it  shall  be  done,)  is,  as  I  under- 
stand it,  this:  —  The  commanding  officer  has 
upon  his  roll  the  place  of  enlistment  of  each 
soldier — the  name  of  the  man  and  where  he 
enlisted — and  by  means  of  that  roll  the  votes 
of  the  soldiers  from  each  county  respectively 
are  taken  and  transmitted  to  the  State  officers. 
They  can  see  by  looking  at  their  rosters  or 
muster-rolls  where  each  soldier  comes  from, 
and  to  what  county  his  vote  will  properly 
apidy. 

Mr.  CROSM.-VN.  That  is  my  understanding, 
also,  but  it  looks  to  me  as  if  it  would  bo  good 
policy  to  make  it  clear,  by  putting  it  into  our 
Constitution.  I  really  hope  that  this  amend- 
ment will  be  inserted,  in  order  that  no  question 
on  this  subject  may  arise  hereafter  under  our 
Constitution. 

Mr.  CIIAPIN.  I  would  like  to  hear  the 
section  as  it  will  stand  if  the  amendment  is 
adopted. 

The  Secretary  read  as  follows  :  — 

Sec.  i.  The  right  of  suffrage  shall  be  enjoyed  by 
all  persons  otherwise  entitled  to  the  .same  who  may  be 
absent  from  this  State  in  the  military  or  naval  service 
of  the  United  States ;  proviihil,  that  the  votes  so  east 
for  officers  of  a  lower  grade  tlian  State  officers  shall  be 
made  to  apply  to  tlie  county  from  which  the  voter  was 
recruited:  proi^iilfil  furtlu'r',  that  the  payment  of  a  iioll- 
tax,  or  a  registration  of  such  voter  shall  not  be  requir- 
ed as  a  condition  to  the  right  of  voting.  Provision 
shall  be  made  by  law,  regulating  the  manner  of  voting, 
holding  elections,  and  making  returns  of  such  elec- 
tions. 

Mr.  NOURSE.  I  will  suggest,  that  peih  aps 
the  gentleman  would  like  to  make  a  further 
change  in  his  amendment.  We  know  that  in 
the  enlistments  of  volunteers  in  various  States 
in  the  East,  a  great  many  are  enlisted  l)y  coun- 
ties who  do  not  reside  in  those  counties.  Men 
'zo  to  certain  counties  to  enlist,  tempted  by  the 
higher  bounties  offered  by  them.  For  instance, 
here,  men  might  go  to  Storey  County  to  enlist, 
and,  under  this  ])r(^visIon,  would  not  they  be 
made  voters  in  Storey  County,  though  not  rcs- 
ideuts  there  at  the  tiiue  they  were  recruited  ? 


8th  day.] 


EIGHT  OF  SUFFRAGE. 


253 


Tuesday,] 


Ckosmax — AVarwick—Fitcu— Dunne— Kbnxedt—Chapin, 


[July  12. 


Mr.  CROSMAN.  I  think  the  wording  of  the 
amendment  already  covers  that  objection. 

The  question  was  taken  on  Mr.  Crosman's 
motion  to  instruct  the  special  committee  to 
make  ihe  amendment  proposed  by  him,  and  it 
was  agreed  to. 

COMMrrTKE    OF   THE    WHOLE. 

Mr.  WARWICK.  I  move  that  the  Conven- 
tion go  into  Committee  of  the  Whole,  for  the 
consideration  of  Article  X. 

Mr.  FITCH.  I  move  to  amend  the  motion 
by  including  Articles  II,  III,  and  IV,  so  as  to 
finish  them  up  as  we  go  along.  I  want  to  re- 
port them  back  to  the  committee,  and  have 
them  passed. 

Mr.  WARWICK.    I  accept  the  amendment. 

The  question  was  taken,  and  the  motion,  as 
moditied,  was  agreed  to. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole  [.Mr.  Crosman  in 
the  Chair]  and  proceeded  to  ttie  consideration 
of  the  several  matters  which  bad  been  referred 
to  such  committee. 

RIGHT    OF    SUFFRAGE — VOTERS'  OATH. 

The  Committee  first  took  up  for  considera- 
tion Article  II,  entitled  Right  of  Suffrage. 

The  CHAIRMAN.  This  article  has  been  re- 
committed to  the  Committee  of  the  Whole,  with 
instructions  to  amend  Section  2,  by  striking 
out  the  oath,  aud  all  pertaining  thereto  ;  also, 
to  amend  Section  4,  by  inserting  after  the  word 
"  provided,"'  where  it  first  occurs,  the  words, 
"  that  the  votes  so  cast  for  officers  of  a  lower 
grade  than  State  officers,  shall  be  made  to  ap- 
ply to  the  county  from  which  said  voters  were 
recruit'  d  ;  and  provided  further"— 

Mr.  DUMNE.  I  move  that  the  Secretary  be 
instructed  to  make  the  amendment,  in  accord- 
ance with  the  instructions  of  the  Convention. 

Mr.  KENNEDY.  I  do  not  know  that  it  will 
"be  of  any  use,  the  instructions  having  passed 
the  Convention,  to  oppose,  at  this  time,  the 
striking  out  of  this  oath.  But  I  cannot  consent 
that  the  oath  shall  be  stricken  out  entirely, 
without  entering  my  protest  against  it.  Other 
gentlemen  have  told  you,  in  eloquent  strains, 
why  this  provision  denying  the  right  to  vote 
to  persons  who  have  held  civil  or  military  office 
under  the  so-called  Confederate  States,  or  either 
of  them,  should  not  be  stricken  out.  Now, 
much  as  I  despise  that  class  of  men,  and 
much  as  I  regret  the  adoption  of  any  provision 
giving  them  a  power  at  the  ballot-box,  by  which 
any  one  of  them  might  annul  and  destroy  my 
vote,  yet  there  is  another  class  of  men  for 
whom  I  have  a  more  thorough  contempt— men 
who  will  remain  in  our  loyal  States  and  Territo- 
ries, too  cowardly  to  go  aud  fight  the  battles 
of  the  Confederate  States,  but  attempting, 
through  the  ballot-box,  aud  by  all  other  means 
in  their  power,  even  while  under  the  protection 
of  our  government,  to  destroy  that  govern- 
ment. I  say  those  men  are  more  to  be  despised 
than  the  men  who  will  manfully  stand  up  and 


take  the  chances  of  receiving  a  bullet  while 
they  are  fighting  for  that  rebellious  govern- 
ment. Now,  how  do  gentlemen  propose  to  pre- 
vent those  men  from  voting,  although  their 
sentiments  may  be  more  disloyal  and  injurious 
to  this  government  than  those  of  the  very  men 
who  have  held  civil  or  military  office  under  what 
they  call  the  Confederate  Government?  Gen- 
tlemen say  we  should  leave  it  to  the  Legisla- 
ture, but  I  deny  the  rigiit  of  the  Legislature 
!  to  establish  any  test,  other  than  the  tests  pre- 
scribed in  this  Constitution,  when  that  iustru- 
;  meut  has  once  attempted  to  define  who  shall, 
i  or  shall  not,  possess  the  right  of  sntt"rage.  You 
'  may  say  that  it  is  inexpedient  and  Impractica- 
I  h\e  to  challenge  these  men  at  the  polls.  Very 
well  ;  then  I  say,  let  us  challenge  them  before 
the  Registrar.  Allow  us  some  "opportunity  to 
keep  them  from  rendering  nugatory  the  votes 
of  good  and  loyal  men  at  the  polls.  What 
right  has  the  Legislature  to  pre^cribe  any  oath 
like  this,  when  the  Constitution  has  prescribed 
none?  How  can  they  make  any  test,  other 
than  that  which  the  Constitution  makes?  I  do 
not  see  where  they  get  any  such  right.  Any 
man  who  comes  within  the  qualifications  pre- 
scribed by  this  Constitution,  is  entitled  to'  go 
to  the  ballot-box  and  vote,  and  no  law  can  Ije 
passed  to  prevent  him.  Now,  I  ask  the  mem- 
bers of  this  Committee,  if  they  are  unwilling 
to  have  a  provision  of  this  kind  placed  in  our 
Constitution,  under  the  plea  that  it  is  impracti- 
cable ?  I  deny  that  it  is  impracticable.  Al- 
though gentlemen  have  said  that  under  such  a 
provision,  men  may  block  up  the  polls  and  only 
allow  perhaps  a  hundred  men  to  vote  during  a 
whole  day,  yet  I  think  the  Legislature  may 
provide  against  any  evil  of  that  kind,  by  hav- 
ing a  larger  number  of  inspectors  and  judges 
of  elections.  If  that  oath  is  impracticable, 
why  is  not  the  oath  impracticable  which  we 
have,  under  our  existing  laws?  A  minority 
can,  under  our  present  laws,  go  to  the  polls, 
challenge  each  and  every  voter,  compel  them 
to  answer  questions,  and  take  the  oath  pre- 
scribed by  the  Legislature,  Why  do  they  not 
do  the  same  thing  now,  as  they  would  do 
if  this  oath  were  required?  The  gentleman 
from  Storey  (.Mr.  Chapin)  suggested  this  morn- 
ing, that  this  oath  would  have  to  be  added  to 
the  one  already  prescribed.  I  admit  that,  but 
how  long  does  the  gentleman  suppose  it  would 
take  to  go  through  that  entire  oath?  Probably 
not  more  than  two  minutes. 

Mr.  CHAPIN.  Will  the  gentleman  allow  me 
to  interrupt  him,  in  order  to  say  that  I  will 
most  cheerfully  vote  with  him  to  add  that 
amendment  to  Section  8. 

Mr,  KENNEDY.  1  do  not  care  to  what  it  is 
added,  if  it  is  only  in  the  Constitution  some- 
where, so  that  we  may  have  the  privilege  of 
challenging  every  man  whose  loyolty  we  sus- 
pect, and  making  him  take  the  oath.  I  care 
not  at  what  time  he  takes  it,  but  I  say,  give  us 
an  opportunity  to  challenge  him  at  some  time, 
before  he  shall  be  permitted  to  oft'set  our  votes. 


254 


RIGHT  OF  SUFFRAGE. 


[8th  day. 


Tuesday.]         Johnson— Fitch— Dixxe—Lockwood— Warwick— Banks— Tozer.  [July  12. 


Mr.  JOHNSON.  I  made  a  few  remarks  this 
morning,  whilt-  this  nutter  was  under  con-sider- 
atiou,  iu  wh  eh  I  coincided  with  the  views  ex- 
pressed by  some  of  the  -rentlenieu  from  Storey 
County  as  to  the  impracticability,  or  the  proba- 
ble impracticability,  of  enforcing  a  provision 
reqiiiri'i^  voters  to  lake  this  oath. 

Mr.  FITCH  [interrupting.]  I  rise  to  a  point  of 
order.  I  very  much  dislike  to  do  so.  but  I  think 
it  is  a  duty.  I  make  the  point  that  we  must 
obey  the  instructions  of  the  Convention.  This 
article  has  been  recommitted  to  us  with  definite 
instructions  to  make  specific  amendments,  and 
we  cannot  vary  from  those  instructions.  We 
must  comply  with  the  instructions  of  the  Con- 
vention, and  can  do  no  more,  and  no  less. 

Mr.  JOllN.SON.  I  suppose  gentlemen  may 
be  permitted  to  give  their  views  upon  that  sub- 
ject. 

Mr.  FITCH.  I  do  not  desire  to  stop  the  gen- 
tleman. 

Mr.  JOHNSON.  If  the  gentleman  makes 
any  point  of  order.  I  suppose  it  must  be  that 
no'deliate  is  now  in  order. 

Mr.  FITCH.     I  do  not  make  it. 

Mr.  JOHNSON.  The  gentleman  had  better 
either  make  his  point  of  order  or  not  make  it. 

Mr.  DUNNfc).  I  will  make  the  point  of  order, 
that  no  debate  is  in  order,  and  I  would  like  to 
know  what  it  is  that  gentlemen  who  insist  upon 
debating  this  question  propose  to  accomplish 
by  it.  1  hold  that  we  are  in  Committee  of  the 
AVhole  instructed  to  make  certain  ameiulments. 
and  to  do  nothing  else.  We  have  no  right  to 
amend  further  than  we  are  instructed.  The 
Convention  has  resolved  to  adopt  these  amend- 
ments, and  we  are  Instructed  to  insert  them; 
that  is  the  resolution  which  we  came  into  Com- 
mittee of  the  Whole  to  obey.  Do  gentlemen 
propose  to  disobey  the  instructions  of  the  Con- 
vention? If  so,  let  them  state  their  reasons, 
and  let  us  see  whether  it  is  competent  or  not 
for  us  to  disobey.  I  do  not  believe  it  is  com- 
petent. I  believe  we  should  immediately  rise 
and  report  the  amendments  back  according  to 
instructions,  and  then  if  the  sense  of  the  Con- 
vi-ntioii  has  changed,  lt;t  the  Convention  rescind 
the  vote  by  which  we  were  instructed  to  insert 
the  am -ndmints. 

The  CH.\lIiM.VN.  The  Cliair  is  of  opinion 
thit  it  is  the  duty  of  tl)e  committee  to  make 
the  ann-ndments  in  accordanc  with  tlie  instruc- 
tions of  the  Convention,  which  are  absolute 
ami  definite  in  term-,  and  the  Chair  is  inclined 
to  the  opinion  that  it  is  not  iu  order  to  debate 
the  guliject. 

Mr.  JOH.NSON.  I  acquiesce  in  the  decision 
of  the  Chair. 

Mr.  I.OCKWOOD.  I  move  that  the  gentle- 
man from  Ormsby,  (Mr.  Johuson,)  be  allowed 
to  jtroced. 

Mr.  JOHN.SON.  Oh  no  ;  I  do  not  desire  it ; 
I  want  tiie  rules  enforced. 

Mr.  DL'NNH.     I  do  not  think  the  motion  is 
in  order. 
Mr.  WARWICK.    With  the  permission  of  the 


gentleman  from  Humboldt,  I  wish  to  say  a 

word.  If  it  is  our  imperative  duty  to  obey 
the  instructions  of  the  Convention  now,  when 
the  article  goes  back  to  the  Convention  cannot 
the  Convention  amend  it? 

Mr.  BANKS.  The  only  duty  we  have  to  do 
is  merely  a  clerical  one,  and  1  understand  the 
Secretary  has  already  been  directed  to  make 
the  amendments  in  accordance  with  the  instruc- 
tions. 

Mr.  McCLTNTON.  If  in  order,  I  would  like 
to  otter  an  amendment  to  Section  4. 

The  CHAIRMAN.  No  amendments  are  in 
order  beyond  the  instructions  of  the  Conven- 
tion. 

The  SECRETARY  stated  that  the  amend- 
ments had  been  made  in  the  article,  in  accord- 
ance with  the  instructions  of  the  Convention. 

Mr.  FITCH.  I  move  that  the  Committee 
rise  and  report  the  article  back  to  the  Conven- 
tion, and  also  report  that  the  Committee  have 
obeyed  the  instructions  of  the  .Convention. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

IX    COXVEXTIOX — voters'  OATH. 

The  PRESIDENT  having  resumed  the  Chair, 

The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Article  II,  entitled  Right  of  Suffrage,  and  had 
made  certain  amendments  therein,  in  obedience 
to  the  instructions  of  the  Convention. 

Mr.  DUNNE.  I  move  that  the  article  be 
referred  b  ick  to  the  Committee  of  the  Whole 
with  special  instructions  to  insert  an  amend- 
ment which  shall  require  that  oath  to  be  ad- 
ministered before  the  Registrar,  at  the  time  of 
the  registration  of  voters. 

Mr.  FITCH.  It  is  not  necessary  to  refer  it 
to  the  Committee  of  the  Whole.  It  would  be 
better  to  refer  it  to  a  special  committee,  with 
instructions  to  report  immediately. 

Mr.  DUNNE.  I  accept  the  suggestion  as  a 
modification  of  my  motion. 

Mr.  BANKS.  I  would  inquire  if  the  geatle- 
man  has  the  amendment  he  proposes,  ia  form, 
so  that  we  may  kn  iw  what  his  instructions  are. 

Mr.  DUNNE.  I  have  not  prepared  them 
specifically,  but  I  think  they  may  as  well  be 
prepared  before  the  question  is  taken. 

Mr.  TOZER.  The  provision  I  believe  was 
to  the  effect  that  ever}'  person  who  .shall  be 
challenged,  shall  take  and  subscribe  this  oath. 
Now  I  wish  to  know  wliether  the  oath  is  to  be 
administered  to  every  man,  wliether  he  is  chil- 
lenged  or  not?  It  .seems  to  me  to  l)e  almost  a 
farce  to  require  every  voter  in  the  Territory  to 
take  that  oath.  'Wiiat  is  the  use  of  r<  quiring 
the  oath  of  a  well  known  Union  man.  like 
yourself,  Mr.  President,  and  I  might  perhaps 
say.  every  other  member  of  this  Convi  utiou  ? 

Mr.  DUNNE.  No  Union  man  will  object  to 
the  little  trouble  it  would  be  to  take  the  oath, 
in  order  to  preserve  the  purity  of  the  ballot- 
bo.x. 

The  PRESIDENT.    It  will  be  necessary  for 


8tli  day.] 


RIGHT  OF  SUFFRAGE. 


255 


Tuesday,] 


Collins — Dunne — Mason. 


[July  12. 


these  iastructioQs  to  be  drawn  up  ia  a  specific 
form. 

Mr.  COLLINS.  I  hope,  in  reducing  the 
am'Qdmeat  to  writing,  the  gentlemaa  will  not 
make  it  obligatory  upon  every  man  to  take 
this  oath. 

Mr.  DUNNE.  Unless  you  make  it  obligatory 
npon  all,  how  are  you  going  to  make  it  effective  ? 
Who  is  going  to  make  a  discrimination,  unless 
it  is  obligatory  upon  the  Registrar  to  demand 
the  oath  from  each  and  every  m  in  before  re- 
cording his  name  ?  Twenty  disloyal  men  might 
go  and  get  registered,  and  no  oath  be  required 
of  them,  and  yet  when  a  well  known  Union 
man  came  up,  he  might  be  challenged,  and 
required  to  take  the  oath. 

Mr.  COLLINS.  I  think  that  difficulty  can 
be  easily  obviated.  I  have  no  ol-jection  to 
taking  the  oath  three  times  an  hour,  if  it  will 
do  any  good,  but  I  do  object  to  imposing  any 
duty  upon  citizens  unless  there  is  shown  to  be 
an  absolute  necessity  for  it.  It  is  presumed 
that  the  Registrar,  in  every  precinct,  will  be 
selected  for  his  strong  Union  sentiments,  that 
Union  men  in  every  ward,  and  in  every  section 
of  the  State  will  see  to  it  that  certain  voters, 
who  may  be  suspected,  are  challenged,  either 
by  the  Registrar  himself  or  whoever  it  may  be 
who  has  the  authority  of  excluding  votes ; 
or  if  that  is  not  practicable,  then  some  plan 
may  be  devised  by  which  the  challenging  can 
be  done  by  some  other  party.  I  would  like  to 
inquire  how  often  this  registration  is  proposed 
to  be  made  ? 

Mr.  DUNNE.  Once  a  year,  I  suppose  ;  every 
time  a  man  pnys  his  poll-tax. 

Mr.  COLLINS.  Now  this  is  a  matter  of  con- 
siderable consequence.  It  devolves  a  great 
amount  of  labor  upon  the  Registrar  himself, 
and  upon  those  who  are  registered,  also.  What 
is  the  necessity  of  making  this  rcquirment?  If 
I  can  be  made  to  see  that  there  is  any  necessity 
for  it,  I  shall  vote  most  heartily  for  the  oath, 
but  I  do  object  to  imposing  any  unnecessary 
duty  upon  the  electors,  and  esipecially  upon 
men  whose  unionism  never  was  doubted. 

Mr.  DUNNE.  Does  the  gentleman  from 
Storey  consider  that  any  such  action  at  all  is 
necessary  ? 

Mr.  COLLINS.    He  does. 

Mr.  DUNNE.  Then  is  not  the  Registrar  the 
most  proper  person  to  leave  it  to?  As  to  the 
amount  of  labor  imposed  upon  him,  many  per- 
sons may  come  in  at  the  same  time,  and  he  can 
administer  the  oath  to  all  at  once  ;  and  again, 
he  will  very  soon  acquire  the  habit  of  admin- 
istering it  quickly.  It  is  not  a  very  long  oath 
after  all,  and  will  take  but  a  moment's  time. 
The  gentleman  suggests  that  before  the  elec- 
tion, men  will  see  that  some  person  is  at  the 
Registrar's  office  constantly,  ready  to  challenge 
every  man  whose  loyality  is  suspected,  but  he 
should  remember  the  old  adage,  that  "  what  is 
everybody's  business  is  nobody's  business."  A 
good  deal  of  the  time  there  may  be  nobody  at 
the  Registrar's  office  to  challenge,  except  per- 
haps, by  chance. 


Mr.  COLLINS.  I  see  no  objection  to  allow- 
ing every  voter  in  the  district  to  lodge  the 
names  of  A,  B,  and  C,  with  the  registering  ofli- 
cer,  as  suspected  persons.  A  man  might  say 
in  writing,  •'  I  regard  A  or  B  as  tinctured  with 
secession  and  opposed  to  the  Government,  and 
I  require  his  vote  to  be  challenged.''  And  I 
think,  under  such  circumstances,  the  Registrar 
should  be  required  to  ciiallenge  the  voter.  But 
unless  that  is  done,  I  do  not  see  the  necessity 
tor  that  labor.  I  am  as  strongly  as  anybody  in 
favor  of  preserving  the  purity  of  the  elective 
franchise,  and  I  would  go  as  far  as  the  farthest 
to  secure  that  object,  but  I  think  it  may  be 
done  without  the  necessity  of  challenging  every 
voter.  I  think  if,  in  my  district,  I  lodge  with 
the  Registrar  the  names  of  ten  men  wiiom  I 
regard  as  suspected,  or  whose  loyalty  I  doubt, 
and  vvho  I  think  ought  not  to  "be  allowed  to 
exercise  the  elective  franchise,  unless  they 
purge  themselves,  if  I  desire  it  the  Registrar 
should  be  required  to  compel  them  to  t;ike  the 
oath.  But  further  than  that  I  do  not  think  it 
is  necessary  to  go. 

Mr.  DUNNE.  I  must  regard  with  the  utmost 
abhorrence  the  last  proposition  of  the  gentle- 
man from  Storey.  It  savors  too  much  of  the 
denouncements  of  a  secret  police.  It  is  a  prop- 
osition to  allow  any  man  to  inscribe  on  a  bit 
of  paper,  which  he  deposits  with  the  Registrar, 
"  I  denounce  A,  B,  C,  as  traitors !  "  I  say  it 
savors  of  the  mouchard  system  of  certain  Europ- 
ean countries.  I  desire  rather  to  adopt  one  sim- 
ple, broad,  sweeping  requirement,  to  which  no 
man  can  take  exception — a  law  which  applies 
to  all  with  equal  force— and  not  a  provision 
under  which  any  man  may  be  able  to  fasten 
upon  another  the  brand  of  disloyalty.  Let  it 
be  broad,  and  general,  so  that  no  man  can  com- 
plain that  injustice  is  done  to  him. 

Mr.  MASON.  I  believe  I  have  not,  hereto- 
fore, obtruded  my  views  upon  the  Convention, 
but  upon  a  subject  of  this  character,  affecting 
the  right  of  the  elective  franchise  which  be- 
longs to  every  citizen,  I  desire  to  say  that  I  do 
not  think  any  .safeguard  would  be  too  strong 
which  can  be  thrown  around  that  right.  I  do 
not  think  that  any  traitor  should  be  allowed  to 
exercise  that  birthright  of  freemen,  under  that 
government  which  he  has  raised  his  impious 
hands  to  destroy.  I  do  not  think  that  men,  af- 
ter having  banded  themselves  together  as  as- 
sassins, after  having  perpetrated  every  crime — 
for  treason  involves  the  commission  of  all 
crimes — should  be  allowed  to  come  forward 
and  insult  the  majesty  of  the  Deity  by  calling 
upon  his  name,  and  taking  an  oath  denouncing 
the  very  crimes  which  they  have  committed. 
No  man  of  that  character,  1  say,  should  be  al- 
lowed to  exercise  the  right  of  suffrage  upon 
any  terms,  unless  an  amnesty  be  granted,  and 
unless  he  also  takes  a  solemn  oath,  abjuring 
his  treason  thenceforth.  I  hope  a  registry  law 
will  be  required  to  be  passed,  framed  as  strong 
as  the  English  language  can  make  it.  There  is 
ao  man  who  has  the  love  of  his  country  s'n- 


256 


RIGHT  OF  SUFFRAGE. 


[Sth  day. 


Tuesday.] 


Mason — Hovey — Dunne. 


[July  12. 


cerely  at  heart,  but  is  willing,  if  necessary,  to 
come  up  and  take  that  oath  once  a  year  ;  and 
if  a  man  is  a  traitor,  he  should  be  compelled 
to  take  it.  We  have  tlioiisands  of  that  class  in 
our  mid>t.  I  newr  had  any  (ear  in  regard  to 
confiiurin^  this  rebellion.  1  have  no  fear  of  the 
truitor.'J  who  are  openly  in  armsajiainst  the  Gov- 
ernment ;  but  the  ftar  I  have  entertained,  has 
been  of  those  black-hearted,  concealed  traitors 
who  are  skulking  among  us.  Here  is  where 
our  danger  lies. 

1  have  been  for  many  years  a  pro-slavery 
democrat.  I  was  a  newspaper  editor,  and  a 
work'-r  in  the  ranks  of  that  party  in  Illinois, 
and  I  have  made  democratic  stamp  speeches 
throu'.diout  every  corner  of  that  State.  But 
when  slavery  itsi'lf  liecame  a  tr.iitor,  and  fired 
upon  the  Hag  of  freedom  :  when  arnnd  treason 
raisL'd  its  red  right  hand  against  the  Govern- 
ment, theu  1,  in  common  with  other  freemeu  of 
the  North,  ••  cried  havoc,  and  let  slip  the  dogs 
of  war."  We  set  wide  open  the  doors  of 
democracy,  and  let  the  day-light  in.  Why,  sir, 
they  said  that  poor,  crazy,  old  John  Brown 
must  be  hung ;  imt  this  day  old  John  Brown 
stands  far  higher  in  my  estimation,  than  that 
vile  old  Iscariot.  James  Buchanan.    [Applause.] 

Sir.  1  look  upon  this  right  of  suttrage  as  my 
birthright.  It  is  a  right  as  sacred  to  the  Amer- 
ican citizen  as  circumcision  to  the  Jew  or 
baptism  to  the  Christian,  and  even  more  so, 
because  it  is  that  which  protects  the  rights  and 
privileges  of  both  Jew  and  Christian.  I  look 
upon  this  question,  sir,  allow  me  to  say,  as  by 
far  the  most  important  one  which  has  yet  been 
brought  before  our  Convention  for  its  consider- 
ation, and  that  is  the  reason  why  I  have  at- 
tem|itvd  to  take  a  part  in  the  discussion,  al- 
though 1  had  not  previously  participated  in  the 
debates  which  have  been  going  on.  I  was 
pleased,  sir,  with  the  young  gentleman  from 
Lyon  (Mr.  Kennedy)  when  he  introduced  this 
amendment.  The  force  of  his  arguments,  and 
the  patriotic  feeling  which  1  could  see  beaming 
from  his  »'ye.  aroused  my  admiration,  and  I  said  to 
myself.  ••  that  fellow  will  do  to  tie  to.'"  [Laugh- 
ter.] This  is  the  princijile  which  we  ought  to  es- 
tablish, an<l  I  was  really  astonished  to  hear  from 
the  atred  and  distinguished  genllenran  from  Sto- 
rey (Mr.  Cidlins)  any  wo'ds  of  ojiposition  to  it. 
And.  sir,  I  hope  that  if  lie  should  ever  occupy 
a  jiosiiion  in  tli',-  United  States  Senate,  he  will 
not  be  iu  favor  of  giving  the  least  show  to  a 
traitor.  [MiTriment.]  Kor  my  part,  before  I 
would  ever  take  those  vile  cojiperhead  snakes' 
to  my  bosom.  I  would  hurl  them  from  tli(!  bat- 
tlemiMits  of  bliss,  and  sink  them  into  hell  sol 
deep  lliat  the  devils  themselves  wouhl  tremble 
to  exjdore  the  fathomless  abys.s.  [.Vpplause  j 
and  laughter.]  That  is  the  mercy  1  would' 
show  them.  I  have  no  disposition  to  irrant 
them  any  favors.  Let  them  thoroughly  purge  ! 
thciii<ehes  liefore  they  are  admitted  to  the ' 
ex' rci.«e  of  the  right  of  sulfrage  under  that  j 
governm<'nt  which  they  have  treacherously 
sought  to  destroy.  j 


I  As  I  said  before,  I  never  have  had  any  fear 
'  but  this  rebellion  would  bo  crushed,  and  I  be- 
lieve that  before  another  year  you  will  see  the 
glittering  ploughshare  turning  up  the  soil  of 
theSoutli,  re-consecrated  to  freedom,  where  uo 
despairing  bondsman  shall  clank  his  chains. 
Vou  will  see  the  country  redeemed,  regene- 
rated, and  disenthralled  from  that  curse  that 
has  ever  been  the  great  blight  of  the  United 
States  of  Anerica. — the  blackest  blot  upon  hu- 
manity. [Applause.]  While  I  look  upon  thia 
elective  franchise  as  my  birthright,  aud  as  the 
birthright  of  every  American  citizen,  yet  I 
.say  that,  under  existing  circumstances,  these 
men  who  have  sympathized  with  the  robellioa 
siiould  be  excluded  from  its  exercise.  You  can 
liud  conclaves  of  these  demons  of  treason  all 
around  us.  There  is  scarcely  a  town  in  this 
Territory,  nor,  I  believe,  in  California,  but  hag 
its  secret  organization  of  them  ;  and  although 
they  pretend  to  be  Union  men,  you  can  see 
them  chuckling  over  every  temporary  defeat 
of  the  Union  arms,  and  every  ^jetty  success  of 
the  rebels,  the  news  of  which  comes  flashing  to 
us  over  the  wires.  Are  we  to  allow  such  as 
these  to  come  up  and  exercise  the  right  of 
suttrage,  and  control  the  elections,  against  my 
vote,  and  the  votes  of  other  Union  men  ?  No, 
sir  ;  it  is  impossible  for  me  to  consent  to  it.  I 
look  upon  the  United  States  Government  as 
tiie  most  sublime  edifice  ever  erected  by  the 
ingenuity  of  man,  elevated  and  sanctified,  too, 
by  the  sacrifices  of  patriotism,  and  by  the 
choicest  blood  that  ever  besprinkled  the  tem- 
ple of  liberty.  [Applause.]  Before  I  shall 
he  willing  to  grant  mercy  to  these  men  who 
have  rebelled  against  that  Government,  I  want 
them  to  give  back  my  dead.  I  want  them  to 
return  my  brother  who  fell  at  Pittsburg,  or 
Shiloh.  I  want  them  to  restore  to  health  my 
son,  who  was  wounded  while  upholding  the 
rtag  of  his  country.  I  want  them  to  do  all  that, 
before  1  can  consent  to  render  them  my  equals 
in  the  Government  under  which  I  live,  and 
which,  in  my  opinion,  is  the  best  Government 
in  the  world.      [Applause.] 

Mr.  IIOVEY.  My  object  in  introducing  the 
amendment  which  1  proposed  was,  to  strike  out 
the  oatli  in  the  place  where  it  is  now  incorpo- 
rated, and  to  incorporate  it  iu  another  place. 
1  hardly  think  that  any  man  can  impugn  my 
motives,  on  the  score  of  loyalty,  even  to  the 
extent  of  charging  me  with  shriuliiug  from  any 
responsibility.  I  (eel  the  smart  which  has  been 
inflicted  by  this  rebellion  perhaps  as  much  as 
any  other  member  of  this  Convention,  for  the 
last  news  from  the  East  brought  me  intelli- 
gence of  the  death  of  one  whom  1  raised  from 
boyhood.  I  think  if  gentlemen  had  listened 
to  the  suggestions  of  the  honorable  gentleman 
now  in  the  Chair,  (the  President,)  this  matter 
would  probably  have  been  settled  long  before 
this. 

Mr.  DUNNE.  I  will  make  my  motion  in  this 
form  :  I  move  to  recommit  Section  7, of  Article 
II,  with  instructions  to  frame  an  amendment, 


Sth  day.] 


RIGHT  OF  SUFFRx\.GE. 


257 


Tuesday,] 


Banks — Frizell. 


[July  12. 


which  shall  require  every  person  seeking  to 
have  his  name  registered  as  an  elector,  to  take 
and  subscribe  an  oath  of  allegiance  to  the 
State  and  General  Governments,  the  committee 
to  draft  an  oath  and  present  it  to  the  Conven- 
tion to-morrow. 

Mr.  BANKS.  I  am  in  favor  of  that  course, 
because  I  think  it  will  save  time. 

Mr.  FRIZELL.  I  do  not  know  but  I  am  "  in 
the  brush  ''  in  regard  to  this  question,  and  I  do 
not  koow  that  the  few  remarks  I  propose  to 
make  will  be  properly  applicable,  but  if  I 
should  happen  to  get  astray  I  hope  I  may  be 
corrected  and  set  right  again.  I  need  not  say 
to  you,  Mr.  President,  and  gentlemen  of  the 
Convention,  that  I  came  here  soLdy  to  make  a 
Constitution,  or  organic  law.  I  did  not  come 
here  to  exert  passions  engendered  by  this  terri- 
ble civil  war  ;  I  came  here  only  to  make  a 
straight -forward,  honest,  efficient  Constitution 
for  the  proposed  State  of  Nevada.  In  what 
few  remarks  I  shall  make,  before  I  take  my 
seat,  I  shall  endeavor  to  keep  that  one  object 
in  view,  and  I  would  respectfully  ask  every 
member  present,  although  I  am  myself  but  a 
humlde  individual,  to  consider  carefully  the 
capacity  in  which  we  are  acting.  The  great 
fault  which  was  found  with  the  Constitution 
submitted  to  the  people  last  year  was  the 
amount  of  legislation  incorporated  in  its  sev- 
eral articles  and  sections,  all  of  which  the  peo- 
ple, the  intelligent  people  of  this  Territory  of 
Nevada,  objected  to  and  voted  down  indig- 
nantly. 

Now,  sir,  .so  far  as  the  influence  upon  us  of 
this  civil  war  is  concerned,  a  very  wise  states- 
man once  said,  '•  I  have  no  lamp  by  which  my 
feet  are  guided  except  the  lamp  of  experience  ;" 
and  I  reiterate  that  sentiment.  I  have  nothing 
by  which  my  course  is  guided  but  the  lamp  of 
experience.  This  is  acivilwur  raging  within  our 
own  limits,  and  we  must  deal  with  the  exigen- 
cies as  they  arise  from  time  to  time.  I  have 
said,  on  another  occasion,  that  anything  per- 
taining to  the  allegiance  or  loyalty  of  the  citi- 
zens of  this  vast  republic  who  may  be  resident 
within  our  State,  hereafter,  I  am  disposed  to 
leave,  wherever  it  can  be  done,  to  the  Legisla- 
tures that  are  to  assemljle  in  the  future.  But  the 
fault  I  find,  (although  really  I  find  fault  with 
none  of  the  members  of  this  Convention,  God 
bless  them  all,  as  citizens  and  brother  Ameri- 
cans,) is,  that  I  cannot  help  thinking  tliat  we 
are  acting  here  too  much  upon  the  belief,  or 
with  the  idea  that  we  are  the  people— that  we. 
assembled  in  this  little  contracted  hall,  in  this 
city  of  Carson,  are  the  people  of  the  great 
State  of  Nevada,  and  that  wisdom  is  going  to 
die  with  us.  I  think  that  whatever  we  may 
suffer  in  this  civil  war,  or  however  much  we 
may  feel  it,  we  should  still  be  guided  some- 
what by  the  examples  of  history.  I  profess  to 
be  conversant  to  some  extent  with  modern  his- 
tory, and  with  that  of  the  Middle  Ages,  and  I 
think  we  might  also  find  pertinent  illustrations 
iu  ancient  history.    I  will  speak  now,  while  it 

Q 


is  fresh  in  my  mind,  of  what  are  called  the  refu- 
gees of  the  American  Revolution.  That  was  a 
war  waged  for  seven  long  years.  Gentlemen 
may  refer  to  the  sufferings  and  sacrifices  of  this 
war  in  which  we  are  engaged,  but  a  stronger 
picture  could  scarcely  be  drawn  than  that  of 
the  sufferings  and  sacrifices  of  the  patriots  of 
the  Revolution,  who  fought  for  seven  years  to 
establish  in  our  land  the  principles  of  freedom 
and  republicanism.  It  will  surely  be  recol- 
lected by  you,  Mr.  President,  and  no  doubt  by 
many  others  within  the  sound  of  my  voice, 
that  at  the  time  when,  as  the  poet  says — 

"Wild  war's  deadly  blasts  were  blown. 
And  gentle  peace  returning," 

our  forefathers  were  seeking  to  build  np  a 
nation,  gathering  together  the  component  parts, 
that  which  constitutes  a  nation  as  a  whole,  in 
all  the  branches  of  industry,  commerce,  art  and 
science.  George  Was^hington  and  Patrick 
Henry,  and  all  the  other  great,  good,  and 
god-like  statesmen  of  those  days,  were  engaged 
in  that  work.  And,  sir,  what  did  they  say  and 
do  in  regard  to  those  who  were  refugees  at  the 
close  of  that  civil  war  ?  You  will  recollect 
that  when  the  war  was  over  the  nation  was  laid 
waste  in  all  her  broad  domains,  that  towns  and 
villages  had  been  sacked  and  committed  to  the 
flames,  and  that  there  was  ruin  and  desolatioa 
on  every  hand.  Then  the  patriot  and  states- 
man foresaw  that  the  great  need  of  the  na- 
tion would  be  population ;  and  what  did 
those  great  and  revered  men  say  in  regard  to 
the  tory  refugees?  They  permitted  those  men, 
and  every  man  who  had  taken  up  arms  on  the 
side  of  George  III.  to  return  to  the  country, 
under  liberal  and  easy  provisions. 

I  will  not  refer  to  the  past  any  farther.  I 
dislike  to  speak  of  my  personal  affairs,  or  of 
my  own  patriotism,  but  this  I  will  say.  that  I 
yield  to  no  man  in  my  love  of  country.  I  have 
two  brothers  in  this  war,  and  very  many  kins- 
men, who  have  poured  out  their  hearts'  blood, 
and  whose  bones  are  now  lying  on  southtra 
soil.  I  yield  to  no  man  in  my  devotion  to  this 
Government — this  united  nation,  every  inch  of 
it,  from  the  lakes  to  the  gulf,  and  from  the  Atlan- 
tic to  the  Pacific.  Painter  never  limned,  and 
poet  never  sung  a  greater  or  more  glorious 
land  than  ours  f  nor  has  the  human  imagina- 
tion ever  conceived  a  nobler  Government,  de- 
voted as  it  is  to  the  glory,  and  greatness,  and 
permanent  good  of  the  whole  country.  I  ab- 
hor as  much  as  any  man  the  folly  and  treason 
of  those  who,  in  this  war,  have  attempted  the 
destruction  of  that  Government.  But.  Mr. 
President,  I  pass  that  by,  and  I  say  to  these 
men  :  "If  you  are  willing  to  rept  nt  of  your 
folly.  I  will  take  you  by  the  hand.  You  have 
heretofore  been  my  brothers;  in  this  matter 
you  have  been  wrong,  but  if  you  repent  you 
may  be  my  brothers  still.''  If  I  could,  by  this 
mi'ans,  lead  such  men  back  into  the  paths  of 
political  rectitude.  I  would  look  upon  it  as  the 
noblest  act  and  greatest  privilege  of  my  life. 


258 


RIGUT  OF  SUFFRAGE. 


[8tli  day> 


Tuesday,] 


Frizell — "Warwick. 


[July  12. 


The  gentleman  from  Esmoralda,  (Mr.  Mason,) 
mik-s  au  elu.iuciit  app/al.  whicb  I  kaowcoui'S 
IVoin  tbe  liolloiu  of  \n^  b'/art,  and  1  impute  to 
him  iioiif  bat  ibe  piinst  aud  most  patriotic  of 
motivi-!-;  but  I  say  wbeu  he  makis  that  appeal 
it  is  mere  pa-^siou.  eageud  red  by  his  coming 
in  contact  with  lb-  class  of  men  to  which  he  has 
referred.     Mea  of  that  class  really  are  not  reb- 
fls,  for  they  have  not  taken  up  arms  against  tbt- 
(Jovrani'-iit  of  the  United  States,  and  in  favor 
of  the  usurpation  of  Jetf.  Davis,  but  they  are 
men  whom  I  tind  it   dilHcult  to  describe.      I 
have  not  at  command  language  which  would 
be   appropriaie    to   delineate    their  character. 
They  ilo  not  pos.«ess  that  high,  generous,  chiv- 
alr.c  sp  rit  wh.eb  leads  men  to  take  up  arms  to 
carry  out  what  they  conceive  to  Ite  a  principle, 
tbatprineiple  wliich  has  been  inculcated  in  the 
political  primary  schools  by  their  fathers,  and 
since  fostered  and  encouraged  by  demagogues. 
Those  men  who  are  in  rebellion  in  the  South 
are  lighting  for  what  they  bjlieve  to  be  a  prin- 
ciple—tbe  principle  of  Slate  Rights,  or,  as  they 
term  it,  .srll-governmeut.  There  are  some  tender 
points  upon  which  I  do  not  wish  to  sp  ak,  but  1 
will  say  that  that  principle  is  one  which  strikes 
at  the  very  root  of  our  liberties,  and  the  founda- 
tions of  our  Government.     1  hope  to  God  tliat 
this  war,  when  it  is  fought  out,  will  put  an  end 
to  that  principle — a  principle  for  which,  by  the 
w.iy,  I  have  contended  for  years,  in  consequence 
of  V.ie  prejudices  of  early  education.     I   had 
always  heard  my  father    and  my  grandfather 
speak  in  co.itempuous  terms  of  Alexander  Ham- 
ilton, Chief  Justice  Marshall,  John  Adams,  and 
others  of  tlio-e  statesmen  who  were  endeavoring 
to  mik;  the  FedjralGovernmjiit  strong  ;  and  I 
Lad  hMrd  them  advocating  what  lliey  called  the 
principle  of  democracy,  or  States  Rights.  They 
held  Ibe  great  leaders  of  the  old  Federal  party — 
as  it  W.IS  called  in  former  tim;s,  whi'u  it  was 
led  by  such  nvn  as  Marshall.  Ilam.lton.   and 
other  eminent  Federalists — in  the  proioundest 
contempt,  and  to  a  great  extent,  my  own  mind 
was  swayed  and  bia-^ed  by  their  teachings.    But 
ia  the  past  three  or  four  years  of  my  life  I  have 
seen  my  error.     I  lind  that  I  have  been  mis- 
tak  -n  in  allowing  the  passions  of  my  brea-^t  to 
turn  against  mni  who  b  Id  principles  whicli  1 
conceiveil    to    Ije  o|ipos 'u  to   true  d/mocralic 
principle.".     Those  principles  were  dear  to  my 
heart,  and  in  their  d;fensc,  at   that  time,  so 
help  m;  Hod,  I  would  have  shed  the  last  drop 
ia  my  veins.     JJut  I  now  sec  that  what  I  have 
been  ch  ;risliing  was  a  heres}-,  and  I  wish  to 
leave  Hie  door  open  to  others,  so  tliat  when 
tht-y,  too,  shall  see  the  error  of  their  ways, 
they   may  not  charge  u.s  with  having  iiid  our 
light  und'.'r  a  Ijushel  and  left  tln-m  in  tiie  dark. 
Jiat  now  it  is  proposed  that  we  shall  prescrib- 
an  oath,  and  say  to  all  such  m  'u.  tli.tt  although 
tears  of  penitence  m  ly  rundown  their cherks  — 
aye,  burning,  m  dting  tears — there   is  still  no 
do  jr  op  -a  by  wliich  they  can  return  to  the  path 
of  political  rectitude.    Iilo  not  wish  to  i)ro>cribe 
men  for  political  reasoua.    1  tell  you  that  the 


history  of  the  world  shows  no  example  of  the 
kind,  and  if  there  ever  was  a  nation  on  God's 
earth  that  could  afford  to  be  generous  and  mag- 
nanimous, it  is  the  great  and  mighty  people  of 
the  United  States  of  America.  We  have  invited 
the  people  of  the  whole  world  to  come  among 
us,  and  men  have  accepted  that  invitation,  and 
come  here,  who  could  not  pronounce  our  lan- 
guage, bringing  with  them  their  own  customs 
and  prejudices,  often  directly  opposed  to  re- 
pul>lican  institutions,  and  yet  we  iiave  received 
them  as  brothers.  Now,  are  our  own  brothers 
to  be  excluded — the  men  who,  in  the  Mexican 
war,  aided  in  acquiring  this  very  territory  ;  the 
men  who  by  that  war  gave  us  this  very  soil  on 
wnich  w'c  are  now  standing;  the  men  who  stood 
shoulder  to  shoulder  with  us  throughout  that 
war — shall  we  deny  to  those  men  the  right- 
hand  of  fellowship  which  we  freely  extend  to 
the  foreign  born,  ignorant  of  the  very  tongue 
we  speak  ? 

Now,  while  1  stand  up  here  and  speak  in  fa- 
vor of  tho.se  men,  I  am  not  excusing  their 
wrong  deeds.  But,  admitting  as  much  as  I  do 
against  them,  still  I  say  I  want  to  get  them 
l)ack.  I  want  hereafter,  if  need  be,  to  fight 
side  by  side  with  those  men  ia  battle  ;  I  want 
them  to  be  my  brothers.  Let  us  leave  this  mat- 
ter, therefore,  so  far  as  it  is  possible,  to  the 
Legislature  which  is  to  come  after  us. 

This  is  a  theme  on  which  I  might  dwell  for 
hours,  but  I  will  not  occupy  the  time  of  the 
Convention.  There  are  many  subjects  on 
which  I  would  like  to  have  spoken  at  length, 
but  1  knew  that  we  came  here  to  work,  and  I 
wcmld  not  consume  the  valuable  time.  I  will 
only  say  that  these  appeals  to  passion  and  prej- 
udice may  be  very  good  for  a  political  plat- 
form, but  they  are  not  good  in  the  formation 
of  a  Constitution  for  the  State  of  Nevada. 
Look  at  the  Constitutions  of  other  States. 
Look  at  Illinois,  from  which  I  am  proud  to 
hail — a  State  that  has  sent  out  her  heroic  sons 
in  this  war  like  Thebes  of  old,  which  poured 
forth  a  thousand  warriors  from  each  of  its  hun- 
dred gates.  That  State  has  already  turned  out 
a  hundred  and  fifty  thtmsand  men.  But  look 
at  the  Constitutions  of  the  most  loyal  States  in 
tlie  East.  Have  they  not  left  tln'se  rnatl"rs  to 
the  Legislature  to  determine  who  shall  and 
who  .shall  not  vote?  And  shall  we,  away  here 
on  the  frontiers,  attempt  to  pro.scribe  classes  of 
men  for  all  time  to  come?  Shall  we  undertake 
to  do  what  the  State  of  New  York,  the  Empire 
State,  or  the  old  Bay  State  of  M  issachusetts, 
or  the  Keystone  Stale,  Pennsylvania,  from 
wh'cb  the  gentleman  from  Lyon  (.Mr.  Kennedy) 
hails,  or  my  own  native  State  of  Ohio,  or 
yours,  Mr.  President,  of  Indiana,  or  Illinois, 
my  adopted  State,  have  none  of  th'-m  attempt- 
ed to  do  ?  Let  us,  rather,  follow  their  exam- 
ph's,  and  leave  our  Legislature  to  shape  some 
law,  and  prescribe  some  oath,  in  regard  to  the 
elective  franchise,  which  will  admit  these  mea 
to  felhjwship  with  us,  as  American  citizen.s. 
Mr.  WARWICK.     Will  the  geutlemau  allow 


8th  day.] 


RIGHT  OF  SUFFRAGE. 


259 


Tuesday,] 


Frizeli.—McClintox— Mason. 


[July  12. 


me  ask  him  a  quostion  ?  Is  he  aware,  or  cog- 
nixaut  of  the  fact,  that  in  the  loyal  States  no 
lory  was  allowed  to  vote  during  the  p-indency 
of  the  revolutionary  war?  I  niL-an.  during  the 
revolution — not  afterwards.  Was  tiicre  any 
State  in  wliich  they  were  allowed  to  vote  dur- 
ing the  war  of  the  revolution? 

Mr.  FKIZKLL.  I  cannot  answer  the  ques- 
tion, but  1  am  willing  to  admit  that  thrre  were 
none. 

Mr.  McCLIN'TON.  I  desire  to  ask  the  gen- 
tleman a  question.  I  would  ask  if  the  gentle- 
man understands  that  this  oatb  proscribes  the 
hordes  of  rebels  which  may  be  poured  into  this 
Territory  or  State,  after  the  rebellion  is  crush- 
ed? Does  he  understand  that  this  oath  pro- 
scribes those  men  forever  from  the  exercise  of 
the  elective  franchise  among  us? 

Mr.  FR[Z1']LL.     I  tliink  it  is  an  undue  as- 
sumption of  power  on  our  part,  in  making  a 
Conslitution,  to  so  frame  it  as  to  hold  out  a 
menace  against  a  class.      That  is  an  undue  as- 
sumption in  ra.iking  or  framing  our  Constitu- 
tion, because  any  man  can  say  then,  when  he  ! 
enters  the  lines  of  the  State  of  Nevada,  "  I  find  ■ 
in  your  Constitution  a  provision  which  I  find  I 
iu  that  of  no  other  State.''     I  propose  to  leave 
this  matter  to  the  Legislature,  that  they  may 
pr.'scrilje  any  oath  they  see  fit.    The  gentleman 
from  Esmeralda.  (Mr.  Mason.)  in  his  r.  marks, 
dove  deep  into  the  classics,  and  into  the  human 
heart.     lie  was  not  willing  to  give  the  traitors, 
as  he  calls  them,  au}^  chance  of  returning. 

Mr.  MASON.  Not  until  an  amnesty  is 
granted. 

Mr.  FRIZELL.  Now,  :\[r.  President  and  gen- 
tlv'nijn,  when  I  pray  to  Almighty  God — which 
I  do  sometimes— I  generally  wind  up  my  peti- 
tion tu  Deity  by  using  language  something  like 
this— 

"  Tliat  mercy  I  to  others  show, 
That  mercy  show  to  me. " 

And,  sir,  as  regards  proscription  or  persecu- 
tion, I  abhor  it,  whether  in  a  religious  or  a 
political  sense.  It  does  not  enter  into  the 
principle  or  theory  of  our  Government.  I 
prefer  to  say  with  that  noble  poet,  Alexander 
Pope — 

"Let  uot  this  weak  unknowmg  hand 

Presume  thy  bolts  to  throw, 
Aad  deal  damnation  roiiud  the  laud 
On  each  I  judge  thy  foe." 

That  is  the  action  wiiich  some  gentlemen  here 
propise  to  take — to  hurl  tlie  bulls  of  condem- 
nation irreverently  on  others'  heads.  I  propose 
rather  to  leave  the  door  open  for  repentance, 
so  that  at  some  time  they  may  come  b.xck — to 
leave  the  matter  in  such  a  shape  that  the  Leg- 
islature to  come  after  us  may  take  that  action 
which  they  may  deem  proper  when  the  occasion 
arises.  This  rebellion  will,  undoubtedly,  as  I 
said  on  a  former  occasion,  take  ditl'erent  shades. 
I  was  reported  in  the  Virginia  Union  as  saying 
that  it  would  take  different  shapes,  but  I  did 
not  mean  that.  I  was  also  reported  as  speaking 
of  a  war  of  races  in  England,  when  1  said  the 


"  The  War  of  the  Roses."  But  the  Reporter  of 
that  paper,  probalily  in  the  hurry  of  the  mo- 
ment, inadvertently  made  a  mistake,  and  I  can 
forgive  it.  I  .«ay  again  that  this  rebellion  will 
probal)ly  take  different  shades  as  time  rolls  on, 
and  the  successive  Legislat  ;res  should  be  left 
each  yar  to  '•  temper  tin;  wind  to  the  shorn 
land),"'  if  it  is  in  their  natures  to  do  so.  I  do  uot 
de.-ire,  at  all  events,  to  fix  anything  here  irre- 
vocably. 

Now  a  few  words  more,  and  I  have  done. 
Section  2  of  tiiis  Article  provides  as  follows  :— 

"  No  person  who  has  been  or  may  be  convicted  of 
treason  or  felony,  in  any  State  or  Territory  of  the 
United  States,  unless  restored  to  civil  rights,,  and  no 
person  who,  after  arriving  at  the  age  of  eighteen  years, 
shaU  have  vohmtaiUy  borne  arms  against  the  United 
States,  or  held  civil  or  mihtary  office  under  the  so- 
called  Confederate  States,  or  either  of  them,  unk'js  an 
amnesty  be  granted  to  such  by  the  Federal  Govern- 
ment, and  no  idiot  or  insane  person  shall  be  entitled 
to  the  privilege  of  an  elector." 

That  is,  no  person  shall  be  entitled  to  the 
right  of  suffl-age  who  has  done  any  of  these 
things.  Now  how  are  you  going  to  arrive 
at  it?  Does  it  not  belong  to  the  Legislature, 
under  the  Constitution,  to  prescribe  the  form 
and  manner  of  arriving  at  the  fact?  It  cer- 
tainly dors  not  belong  to  us.  I  repeat  that 
this  rebellion  which  the  nation  is  now  engaged 
in  putting  down,  will  take  different  shades,  as 
to  its  intensity,  from  year  to  year,  and  it  does 
uot  belong  to  a  Constitution  necessarily  framed 
iu  a  time  of  excitement,  to  fix  that  which  is 
irrevocable  in  respect  to  these  matters.  It 
plainly  and  naturally  belongs  to  the  Constitu- 
tion to  establish  that  only  which  is  not  to  be 
changed.  And  the  same  remarks  will  apply  to 
the  provisions  of  this  section  immediately  un- 
der consideration.  We  should  uot  legislate  too 
much  iu  that  respect. 

I  started  out,  Mr  President,  by  saying  that  I 
did  uot  know  but  1  was  '-in  the  brush"'  in  regard 
to  this  matter.  I  do  not  know,  under  the  par- 
liamentary rules  which  gov.Tn  us.  exactly  what 
the  vote  is  to  be,  Init  I  think  I  have  spoken 
within  proper  liouuds.  I  hope  this  oath  will  be 
left  out  entirely,  and  that  it  will  be  left  to  the 
Legislature  to  form  and  j|)rescribe  such  an  oath 
as  may  at  that  time  bo  deemed  fit.  I  have 
given  what  I  believe  to  be  good  reasons  for  my 
position,  and  I  think  any  gentleman  who  will 
read  the  sections  to  which  I  have  referred,  and 
consider  them  carefully,  will  see  that  they 
cover  all  the  ground  necessary  to  be  covered. 

Mr.  MASON.  By  way  of  an  explanation,  I 
desire  to  say,  that  iu  the  remarks  I  made,  my 
oliject  was,  not  to  favor  the  idea  of  forever  ex- 
cluding American  citizens  from  the  right  of 
suffrage,  but  it  was  rather  to  throw  a  safeguard 
around  the  elective  franchise  here — and  I  stated 
it,  I  believe,  in  language  sufSciently  emphatic 
— until  an  amnesty  be  granted  by  the  General 
Government.  Now,  I  am  willing  to  indorse 
the  gentleman's  prayer — 

"That  mercy  I  to  others  show. 
That  mercy  show  to  me." 


2G0 


RIGHT  OF  SUFFRAGE. 


[8th  day. 


Tuesday,] 


Johnson. 


[July  12. 


The  same  mercy  which  the  rebels  showed  at 
Fort  I'lllow,  the  «mie  mercy  they  have  sliown 
iu  dooming  lo  starvation  those  unfortiiiiate 
brave  men  who  have  fallen  into  their  hands, 
full  of  life  and  vigor.  I  am  wiling  to  show  to 
them.  That  is  their  kind  of  m--rcy  —  the 
tender  mi-reies  of  the  wicked,  which  are  cruel. 
1  am  willing,  also,  that  the  Legislature  should 
'•  temper  the  winds  to  the  shorn  lambs,"  by  and 
bv  ;  but  just  uow  I  want  to  use  a  somewhat 
jc'reater  force  against  these  rebel  rams.  We 
do  not  want  them  to  pull  their  wool  over  our 
tycs.  that  is  all.  [Laughter.] 
'  [Mr.  Ckiismax  in  the  Chair.] 

Mr.  JOUNSUN.  At  a  previous  stage  in  the 
progress  of  this  article,  it  will  be  remembered, 
1  favored  the  striking  out  of  the  word  "  dis- 
loyal," where  it  occurred  iu  Scclion  2,  and  1 
thmk  I  succeeded  iu  making  my  reasons  plainly 
uuderstood  for  assuming  that  position.  1  will 
state  again,  iu  brief,  the  motives  which  prompt- 
ed me  to  vote  iu  favor  of  striking  out  that 
word.  It  was  not  that  I  was  in  favor  of  allow- 
ing a  disloyal  man  to  vote,  or  of  allowing  the 
rote  of  any  disloyal  man  to  neutralize  or  de- 
stroy my  vote,  or  that  of  any  other  loyal  citi- 
zen," but  I  regarded  it  then,  and  I  regard  it 
now,  as  improper  to  clothe  the  judges  and  in- 
spectors of  election  with  too  much  authority— 
to  clothe  them  with  power  which  might  be  ex- 
crcised  in  such  manner  as  to  destroy  the  right 
of  voting  of  the  most  loyal  man  in  the  land. 
At  no  stage  have  I  objected  to  incorporating  in 
the  Con.stitution,  in  what  1  would  regard  as 
being  its  appropriate  place,  a  test  oath  similar 
to  that  which  has  been  proposed  in  this  section. 
But.  sir,  I  foreshadowed,  in  the  remarks  I  made 
this  morning  on  this  question,  what  were  my 
objections  to  the  incorporation  of  that  test  oath 
in  the  particular  section  in  which  it  was  placed. 
The  principal  objection  which  occurs  to  my 
mind  is  this :  that  it  would  be  in  the  power 
of  a  few  persons  to  deprive  altogether,  of  the 
right  of  suffrage,  a  large  number  of  loyal. 
legal  voters.  There  are  now  precincts  in 
thi3  Territory — and  testimony  has  been  borne 
to  that  fact  by  the  geutKinan  from  f^torey, 
(Mr.  Ilovey)  —  where  there  are  twelve  or  tit- 
teen  hundred  voters,  and  the  administration 
of  that  (lath.  if  they  were  challengi  d,  would 
necessarily  occupy  so  much  time,  as  to  elfectu- 
ally  exclude  ilie  ballots  of  a  very  large  pro- 
portion of  such  voters.  I5iit  while  1  olijected 
to  allowing  the  oath  to  remain  in  this  section. 
1  did  not  ol)ject  to  its  incoiporation  in  another 
jilacc,  where  I  conceived  it  would  more  effect- 
ually subserve  its  purpose  ;  and  it  was  for  the 
purpose  of  explaining  my  views  on  thut  suf- 
ject  that  I  desired  to  acMress  the  C'onven- 
tion  at  the  time  I  was  decided  to  lie  out  of  or- 
der—  though  I  believe  the  point  was  jjropi-rly 
rais'd,  and  for  that  rcasrtn  I  did  not  avail  my- 
Felf  of  the  courtesy  offered  by  the  Convention 
at  that  time  of  allowing  nie  to  continue  my 
r'lnarks.  I  conceiveil  that  the  section  which 
provides  for  a  registry  law,  was   the   proper 


place  in  which  to  incorporate  Ibis  test  oatb. 
Now,  sir,  I  disagree  with  my  friend  from 
Humboldt  (Mr.  Dunne)  in  relation  to  the  ex- 
tent to  wh  ch  this  provision  would  go.  As  I 
understand  the  resolution  of  instructions,  as 
prepared  iiy  him.  it  provides  that  all  men,  when 
they  make  application  for  registration,  sliall 
take  this  test  oath.  If  that  would  be  attended 
with  any  corresponding  benefit.  I  should  have 
no  objection,  for,  as  other  gentlemen  have  said, 
I  am  perfectly  willing  to  take  and  subscribe 
that  oath  as  ( ften  as  it  becomes  necessary 
to  administer  it.  But  is  it  necessary  for  this 
to  be  done?  Is  there  any  corresponding  ben- 
efit to  be  obtained  ?  On  the  contrary,  is  it  not 
advisable  that  the  oath  should  only  be  admin- 
istered in  case  a  person  is  challenged  for  dis- 
loyalty? I  think  all  the  practical  l)eueiit  to 
l)e  derived  from  a  test  oatb  can  in  that  manner 
be  secured.  And.  in  accordance  with  tliis  view, 
I  have  prepared  an  ameiulment.  which  I  know 
meets  with  the  approbation  of  siveral  members 
of  the  Convention.  I  propose  to  amend  the  in- 
structions, as  olfered  by  the  gentleman  from 
Humboldt,  so  as  to  read  as  follows  : — 

Amend  Section  7,  so  as  to  incorporate  the 
following,  to  wit : — 

"  Prorided,  That  any  person  when  making  applica- 
tion to  be  registered  as  a  voter,  shall,  upon  being  chal- 
lenged on  account  of  disloyalty,  take  and  sub.scribe  an 

oath  or  affirmation  in  the  t\>llovving  I'orm : — '  I do 

solemnly  swear  [or  afiirm]  that  I  wUl  support,  protect, 
and  defend  the  Constitution  and  Government  of  the 
United  States,  and  the  ConstitCLtion  and  Government 
of  the  State  of  Nevada,  against  all  enemies,  whether  do- 
mestic or  foreign,  and  that  I  will  bear  true  faith,  alle- 
giance, and  loyalty  to  the  same,  any  ordiUiUice,  resolu- 
tion or  law  of  any  Stat<_>  Con\ention  or  Legislature  to 
the  contrary  notwithstanding;  and  further,  that  I  do 
this  with  a  full  determination,  pledge,  and  purpose, 
without  any  mental  reservation  or  evasion  whatsoever. 
So  help  me  God.'  " 

I  have  no  serious  objection  to  the  amendment 
offered  by  the  gentleman  from  lliunlioldt,  but 
I  think  all  the  real  benelits  derivalile  from  a 
test  oath  may  be  oljtained  by  this  provision, 
and  then  we  can  leave  it  witliin  the  province 
of  the  Legislature  to  pr  scribe  the  manner  of 
makii'g  the  challenge.  They  may,  if  they 
please,  even  make  it  the  duty  of  the  registering 
olficers  to  challenge  every  man,  and  require 
him  to  take  the  test  oath. 

My  friend  from  Sto'-ey  (Mr.  Frizoll)  lias  in- 
veighed against  the  action  of  the  Convention, 
in  adopting  a  test  oath,  as  lieing  something  un- 
usual. I  think  the  gentleman  is  mistaken  in 
some  of  his  olijections.  He  is  correct  in  this, 
however,  that  no  oath  of  loyalty,  in  form  or 
aubsta-;ice  as  now  projioscd.  is  found  in  the  Con- 
stitution of  any  other  State.  But  the  reason 
of  this  is  apparent.  We  are  forming  a  Constitu- 
tion under  circumstances  unlike  those  which 
liave  attended  similar  action  in  any  other  State 
of  the  l.'nion.  but  I  do  not  doubt  that  each  and 
all  of  the  loyal  States  would  to-day.  if  it  were 
I  in  their  power,  incorporate  in  their  Constitu- 
j  tions  provisions  of  the  like  character,  and 
I  they  would  do  it,  too,  readily  and  cheerfully. 


8th  day.] 


RIGHT  OF  SUFFRAGE. 


261 


Tuesday,] 


Frizell — Johnson — Dunne. 


[July  12. 


We  find  that  in  theCoastitutionsof  otherStates, 
a  fiMin  of  oath  is  prescribed — a  form  which, 
under  the  circumstances  attending  the  framing 
of  their  respective  State  Governments,  was 
deemed  to  be  sufficient — but  this  unholy  rebel- 
lion lias  taught  us  an  iulditional  and  instruct- 
ive lesson  on  the  subject  of  the  sanctity  and 
inviolability  of  oaths. 

Mr.  FRlZl!]LL  [interrupting.]  Does  the  gen- 
tleman hold  that  the  lA'gislature  would  not 
have  tlie  right,  under  our  Constitution,  without 
this  provi.sion,  to  pass  a  law  prescribing  the 
same  oath  wliieh  is  here  proposed  ? 

Mr.  JOHNSON.  1  mhU  not  attempt  to  say 
that  they  would  not  have  the  power  to  do  it,  but 
I  want  this  matter  unmistaka))ly  expressed.  I 
do  not  want  it  to  be  a  question  in  every  Legis- 
lature in  succeeding  years,  but  let  it  be  fixed 
and  established  in  the  Constitution,  so  that  it 
cannot  be  revoked  except  l>y  an  amendment  of 
that  instrument.  My  sympathies  and  my  judg- 
ment alike  prompt  me  to  favor  the  incorpora- 
tion of  that  oath  in  the  Constitution,  and  I  think 
it  is  not  transcending  legitimate  bounds  to  do 
so.  If  you  refer  to  tlie  Constitutions  of  other 
States  you  will  find,  almost  invarialdy,  a  partic- 
ular form  of  oath  prescribed  in  each  of  those 
Constitutions.  We  are  acting  here,  in  this  mat- 
ter, only  from  the  light  of  experience — the  same 
rule  which  the  gentleman  from  Storey  himself 
lays  down  for  his  guidance.  By  this  rebellion  we 
have  had  demonstrated  the  necessity  of  prescrib- 
ing something  additional  to  that  form  of  oath 
W'hich  has  been  found  sufficient  in  the  Constitu- 
tions of  other  States.  I  repeat,  that  I  do  not  think 
it  is  necessary  that  every  man  who  comes  up  to 
register  his  vote  shall  lie  compelled  to  take 
and  subscribe  that  oath,  but  it  is  quite  sufficient 
that  he  should  be  compelled  to  do  so  when 
challenged.  That  will  guard  most  effectually 
the  rights  of  loyal  men.  and  will  operate  to  the 
exclusion  of  the  disloyal.  With  this  exposition 
of  my  views,  I  submit  my  amendment  of  the 
instrncti(jns  to  the  action  of  the  Convention. 

[The  Pkksidext  in  the  Chair.] 

Mr.  DL'NNE.  I  hope  my  position  will  not 
be  misunderstood  on  this  subject.  After  the 
remarks  which  have  been  made  since  this 
question  was  first  raised  in  this  Convention, 
unless  some  explanations  were  made  by  me,  the 
inference  might  be  a  fair  one  that  my  amend- 
ment was  prompted  by  a  desire  to  legislate 
against  a  particular  class.  Now  as  the  princi- 
ple which  governs  me,  upon  this  subject,  is  di- 
rectly in  opposition  to  anything  of  that  kind,  I 
am  necessarilj'  opposed  to  the  last  amendment 
which  has  been  offered.  If  there  is  any  one 
rule  of  action  or  principle  which.  nu>re  than 
another,  1  would  like  to  see  prevail  in  this  Con- 
vention, it  is  that  of  calm,  consistent  reason 
and  judgment.  It  was  for  that  reason  that  I 
offered  the  resolution  which  I  had  the  honor  of 
presenting  on  my  first  arrival  in  this  body,  be- 
lieving that  it  would  be  impossible  at  this  time 
to  obtain  a  vote  upon  the  Constitution  proposed 
to  be  submitted,  which  would  be  entirely  free 


ft"om  party  prejudices,  or  appeals  to  the  passions 
of  men.  It  was  acting  upon  that  principle  that 
Ifelt  it  my  duty  to  make  the  motion  to  strike 
out  the  word  '•  disloyal  "  froin  the  second  sec- 
tion, as  it  stood  in  the  Constitution  framed  by 
the  last  Convention,  because  I  desired  to  see  no 
invidious  distinction  made  against  a  particular 
class.  It  was  also  upon  that  principle  that  I 
voted  for  the  proposition  that  no  person  should 
be  convicted  of  treason  unless  upon  the  testi- 
mony of  two  M'itnesses  to  the  same  overt  act. 
In  all  my  action  in  this  Convention  I  have  been 
prompted  by  the  desire  of  maintaining  that  one 
important  principle,  of  cool,  sober  judgment. 
And  I  conceive  that  the  amendment  proposed 
by  the  gentleman  from  Ormsby,  (Mr.  Johnson,) 
to  these  instructions,  is  in  opposition  to  that 
principle.  The  resolution  of  instructions,  with- 
out the  amendment  proposed,  makes  no  invidi- 
ous distinction  against  a  class.  It  attempts  to 
brand  no  one  as  an  outlaw ;  it  raises  no  sus- 
picions as  to  the  loyalty  or  disloyalty  of  any 
man  ;  it  only  proposes  a  simple,  broad  princi- 
ple of  law.  and  it  is  directly  opposed  to  the 
establishment  of  any  particular  distinction 
against  any  class.  Its  adoption  will  forever 
prevent  the  opponents  of  the  State  Govern- 
ment, or  any  person  in  the  opposition,  from 
charging  upon  this  Convention,  almost  unani- 
mously composed,  as  it  is,  of  members  of  the 
dominant  party  in  the  country,  that  when  it  had 
the  power  of  a  giant  it  used  that  power  like  a 
giant.  It  would  ])revent  any  one  from  being 
able  to  say  :  '•  When  you  were  in  power,  you 
attempted  to  brand  us  as  outlaws,  and  to  de- 
prive us  of  one  of  the  most  glorious  privileges 
<jf  American  freemen.  You  attempted  to  sink 
us  down  to  the  level  of  the  negroes  and  China- 
men and  the  aboriginal  inhabitants  of  the 
country.  You  attempted,  Ijy  an  odious  act 
engrafted  into  the  organic  law  of  the  State, 
to  draw  a  distinction  which  should  set  us,  as 
men,  apart  from  our  fellow-citizens  here."  For 
that  reason  it  was  that  I  asked  one  gentleman 
who  has  spoken  on  this  subject,  if  he  believed 
such  action  necessary  at  all.  for  securing  the  pu- 
rity of  the  ballot-box.  If  it  is  necessary  at  all, 
then  let  it  be  generally  applied  to  all,  and  let 
no  one  be  able  to  say  that  it  was  directed 
against  him  particularly.  Remember,  that  there 
are  changes  which  all  must  expect  in  political 
life,  and  that  the  dominant  party  of  to-day  may 
be  in  a  hopeless  minority  to-morrow.  Remem- 
ber, that  as  members  of  this  Constitutional  Con- 
vention, a  body  supposed  to  be  composed  of 
men  possessed  of  calm  reason  and  acting  upon 
deliberate  judgment,  we  are  laying  down  only 
the  l)road,  fundamental  ]irincii)les  of  law  —  a 
chart  which  is  to  endure  for  all  time,  and  that 
we  are  expected  to  legislate  for  all  men  with- 
out distinction  of  party,  or  class,  or  creed. 
Remember,  that  it  is  your  duty  here,  as  I  cer- 
tainly conceive  it  to  be  my  own,  to  make  what- 
ever laws  we  do  make,  entirely  general  in  their 
application. 

And  now,  to  come  to  the  principal  point  in 


2G2 


RIGHT  OF  SUFFRAGE. 


[8th  da3\ 


Tuesday,] 


McClintox — Haines. 


[July  12. 


this  matter ;  if  {rontlenien  consider  it  necessary  I 
th;U  this  oath  shall  be  inserted  at  all,  then  J 
say  let  it  beetteetive.  and  let  it  be  administered 
n<)t  only  to  those  whose  loyalty  shall  be  ijues- 
tioned.  but  to  every  one  else.  Then,  again,  if  yon 
conleniidale  the  ai)poi!itnu'nt  of  a  Kegistrar, 
there  is,  as  1  before  stated,  no  lixed  lime  at 
whieh  men  may  apply  lor  registration.  No 
tune  is  established,  except  that  it  must  be  be- 
fore the  election,  and  ihereibre  men  would 
have  the  right  to  make  their  a]))dicatit)ns  at 
any  time,  jierhaps  three  months  before  the 
eleeiion.  and  eonld  take  and  sul)scribe  their 
oatli>  it'  they  were  challenged.  Now  the  only 
que?iion  is,  is  it  necessary  tor  any  one  to  take 
this  oath?  Because,  if  it  is,  it  Ls  necessary  for 
all  ;  otherwise,  gentlemen  must  see  that  many 
])er.sons  who.se  loyalty  is  undoubted,  would  be 
obliged  to  take  the  (jath.  while  perhaps  the 
very  men  for  whom  the  pro\ision  is  most  re- 
quired would  escape.  They  would  go  to  the 
otliee  of  the  Registrar,  and  if  they  saw  nobody 
there  to  challenge  them  they  would  give  their 
names  :  but  if  they  found  some  one  ready  to  chal- 
lenge them  they  would  say  they  would  drop  in 
at  another  time,  and  in  that  way  they  would 
manage  to  avoid  tlie  necessity  of  taking  the 
oath.  Therefore  I  say  if  it  is  uecessary  at  all, 
and  I  thiidv  it  is.  it  should  be  made  to  apply  to 
all.  and  consequently  I  hope  this  amendiueiil 
will  n<»t  prevail. 

.Mr.  MrCLIXTOX.  I  agree  with  the  remarks 
of  my  friend  from  Humboldt,  (Mr.  Dunne,)  aiul 
ho|)(.'  that  this  oatli  will  be  adopted.  1  do  not 
der-ire  that,  before  our  institutions  shall  have  be- 
come settled  on  a  lirin  basis,  a  flood  of  voters 
shall  be  ])ermitted  to  pour  into  this  Territory, 
or  .Slate,  from  the  States  which  are  now  in  re- 
bellion against  the  (rovernmeut  of  tin?  United 
State.-,  to  vote  me  down,  and  to  vtjti"  you  down, 
sir.  and  to  vote  down  every  other  loyal  man. 
I  d(j  not  wish  that  the  assassins  of  those  nuMi 
who  are  now  bravely  upholding  the  flag  and 
the  Government  of  the  United  States  should 
be,  by  my  vote  at  least,  elevated  to  a  political 
equality  with  my.self. 

i  do  injt  ])ropose  to  make  any  lengthy  re- 
marks on  this  subject.  It  has  been  already  too 
much  discussed,  and  I  desire  to  facilitate  the 
business  of  the  Convention  as  much  as  jjossible. 
I  appreciates  the  merciful,  l'orgi\ing  si)irit  man- 
ifested by  the  gentlrmaii  from  Store}^  (Mr. 
l'ri/.(dl.)  and  I  will  sa\  to  him  that  I.  too,  some- 
tiint's  pray,  but  in  this  case,  my  prayer  would 
happen  to  be  fine  written  liy  Robert  ]5ni-ns. 
and  not  by  Alexander  ro]te.  If  1  were  to 
make  a  prayer  in  behalf  of  the  rebels,  I  would 
Kay  :— 

"Thy  BtronR  rinlit  hand.  Lord,  niak'  it  bear 

I'po'  their  UeadH : 
I»rd,  wii;<li  it  diiwii,  and  dinna  spare, 

For  tlictir  iniHdeedK." 

I  hope  that  the  oath  jirojiosed  )iy  the  gentle- 
man from  l>yon  (.Mr.  Keiuiedy)  will  be  adojit- 
eij  ;  and  I  cannot,  for  my  pari,  .see  the  disad- 
vantages to  result  from   the  adoption  of  that 


oath  which  some  gentlemen  on  this  floor  appear 
to  apprehend.  I  caiuiot  see  that  it  will  pro- 
scribe any  ])erson  who  is  willing  to  do  what  we 
have  une(iui\()cally  a  right  to  demand  that  he 
shall  do,  before  enjoying  the  rights  of  citizen- 
ship in  this  State.  All  he  is  rt'(iuired  to  ilo.  in 
order  to  register  his  name  as  a  voter,  is  to  sub- 
serilje  to  this  oath  :  and  it  is  a  bad  argument 
to  say  that  it  will  work  a  hardship  upon  a  man 
who  is  disloyal,  and  not  u])ou  a  loyal  man.  If 
there  are  rebels  among  us  who  would  object  to 
taking  the  oath.  I.  for  one,  am  in  favor  of  com- 
pelling them  to  take  it. 

Mr.  IIAIXES.  This  discussion  has  taken  a 
very  wide  i-ange,  and  1  would  like  to  know 
how  the  question  now  stands  before  the  Con- 
vention. It  ap])ears  to  me  that  all  the  mem- 
bers are  anxious  to  arrive  at  about  the  same 
end,  only  they  differ  widely  as  to  the  mode  and 
manner  of  reaching  that  end. 

The  PRESIDENT.  The  question  now  is  on 
the  motion  to  recommit  the  article  to  a  special 
committee,  with  instructions  to  add  to  the  sec- 
tion providing  for  a  registry  law,  the  matters 
contained  in  the  amendment  of  the  gentleman 
from  Humboldt  (Mr.  Dunne). 

Mr.  HAINES.  The  only  difference  I  sec  be- 
tween members  is,  as  to  whether  or  not  all 
voters  shall  be  obliged  to  take  this  oath  ;  and 
although  the  motives  of  some  gentlemen  are 
directly  impugned  because  they  do  not  desire 
that  -all  shall  be  compelled  to  take  it,  I  cannot 
see  that  they  are  deserving  of  any  censure  on 
that  score.  For  one.  I  should  be  in  favor  of 
having  the  Registrar  compelled  to  administer 
the  oath  to  all,  and  then  there  can  be  no  possi- 
ble misunderstanding ;  but  a  man  who  would 
fail  or  refuse  to  take  it,  would  at  once  be 
known  as  disloyal,  and.  as  a  matter  of  course, 
he  would  be  i)revented  from  voting.  (Other- 
wise, some  men  would  inevitably  avoid  being 
challenged,  and  the  only  advantage  we  shoidd 
derive  from  the  provision  would  be,  that  we 
might  catch  some  disloyal  men,  by  virtue  of 
their  being  known,  and  challenge  them,  A 
disloyal  man  who  came  to  the  registry  office 
might  not  be  known  to  the  Registrar,  and  it  is 
veiy  true,  as  has  been  remarkt'd  by  some  gen- 
tleman, that  •'  what  is  everybody's  business  is 
nobody's  business."  In  nuiny  instances.  ])er- 
sons  will  not  wish  to  make  known  their  views, 
and  sometimes  men  might  hesitate,  through  fear 
or  other  motives,  to  challenge  men  of  known 
disloyalty.  I  see  no  great  inconvenience  to  re- 
sult from  the  amendment,  exceijt  to  the  Regis- 
trar him.self ;  ami  the  amoiuit  of  extra  work  he 
would  be  called  ujion  to  perform  on  this  ac- 
count I  do  not  think  would  be  very  great. 
What  he  would  have  to  do  ^\'ould  then  be  defi- 
nite ami  certain,  and  he  could  do  it  very  rap- 
iilly.  I  lhiid<  that  every  loyal  man  woulil  be, 
like  my  friend  from  Storey.  (Mr.  ("ollins.)  willing, 
if  necessary,  to  take  the  oath  four  times  a  day, 
in  order  to  make  it  certain  that  no  disloyal  man 
should  bo  registered  without  ha\ing  taken  it, 
and  he  would  not  mind  the  slight  inconveni- 


8th  day.] 


RIGHT  OF  SUFFRAGE. 


263 


Tuesday,] 


Collins — Brosnan. 


[July  12. 


ence  and  trouble.  I  would  like  to  see  tliis 
matter  settled  in  such  a  way  that  all  who  conu! 
to  be  registered,  shall  take  and  subscribe  the 
oath,  and  pay  their  poll  taxes ;  and  I  believe 
every  loyal  man  would  feel,  in  doing  so,  that 
he  had  strengthened  the  bond  which  attaches 
him  to  the  National  Government. 

Mr.  COLLINS.  I  agree  with  the  eloquent 
gentleman  from  Esmeralda,  (Mr.  Mason,)  that 
if  I  knew  a  num  who  was  rabidly  disloyal,  or 
disloyal  in  the  least,  who  would  not  take  the 
oath,  1  should  feel  as  if  I  wanted  to  make  him 
take  it ;  but  the  ditference  between  the  gen- 
tlenuin  and  myself  is  this:  I  regard  this  rebel- 
lion as  ephemeral  in  its  character  and  conse- 
quences. It  is  a  thing  of  a  day,  while  our  Con- 
stitution is  for  all  time  in  the  future.  I  do  not 
want  to  incorporate  in  the  Constitution  any- 
thing which  is  soon  to  be  exhausted  and  die 
out  of  itself,  leaving  the  constitutional  provis- 
ion wholly  inoperative,  and  a  dead  letter. 

Now.  1  have  no  objection  at  all  to  instruct- 
ing the  Legislature  to  prescribe  such  an  oath 
with  regard  to  loyalty  to  the  Federal,  or  State 
Government,  or  both,  as  in  its  wisdom  it  may 
deem  desirable.  That  may  be  a  very  proper 
thing  for  the  Legislature  to  do,  but  it  may  be 
very  improper  for  us  to  do.  I  would  like  it 
veiy  well  if  in  every  section  of  this  State,  a 
provision  of  law  were  enforced,  requiring 
every  challenged  man,  and,  if  necessary,  every 
elector,  to  take  this  oath,  so  as  to  prevent,  in 
accordance  with  the  idea  of  the  gentleman 
from  Douglas,  (Mr.  Haines,)  one  single  indi- 
vidual from  escaping.  But  in  one,  two,  three, 
or  possildy  four  years,  all  this  matter  of  disloy- 
alty, 1  trust,  will  have  subsided,  and  the  neces- 
sity of  any  such  action  will  have  ceased  to  ex- 
ist ;  and  then  I  want  the  provision  to  cease 
also.  Therefore,  I  say,  give  the  Legislature  in- 
structions to  pass  such  laws  as  are  required, 
and  let  the  Legislature  require  an  oath  to  be 
taken  when,  where,  and  how  it  may  be  deemed 
best  for  the  time  being.  I  have  no  fear  but 
that  the  Legislature,  coming  warm  and  fresh 
from  the  people  from  year  to  year,  will  be  in- 
spired with  sentiments  of  loyalty  and  patriot- 
ism. 

I  am  happy  to  find  that  I  am  in  a  body  of 
men  so  thoroughly  imbued  with  the  spirit  of 
loyalty,  so  devoted  to  their  country,  so  generous 
to  the  government  that  they  are  unwilling 
that  any  man,  unless  fully  purged  from  any 
taint  of  disloyalty,  shall  be  allowed  to  exercise 
the  elective  franchise.  That  pleases  me,  I  say  ; 
and  I  like,  also,  to  be  inspired  by  speeches, 
such  as  have  been  made  here,  so  eloipient,  and 
ardent  and  determined,  in  regard  to  loyalty. 
But  we  should  bear  in  mind  that  we  are  legis- 
lating as  unimpassioned  men — that  our  judg- 
ment should  be  cool,  calm,  and  clear,  and  that 
we  should  establish  a  Constitution  under  the 
influence  alone  of  that  calm  and  clear  judg- 
ment. If  gentlemen  yield  to,  and  allow  them- 
selves to  be  guided  by,  the  influences  around 
them  which  inspire  them  with  enthusiasm  and 


zeal,  they  will  be  incapacitated  fnini  exercising 
clear  judgment.  I  do  not  want  to  be  placed  in 
that  ])OHition.  I  say,  let  us  cast  aside  all  sur- 
rouiulings  which  inspire  our  hearts,  influence 
our  passions,  or  excite  our  feelings  ;  let  us  be 
calm,  and  cool,  and  delil)erate  in  the  perform- 
ance of  our  duties,  and  incorporate  only  that 
which  ought  to  be  permanent  in  our  organic 
act. 

Mr.  BROSNxVN.  I  have  but  a  few  words  to 
say  upon  this  section,  and  I  need  not  say  any- 
thing upon  the  matter,  merely  for  the  ]iuri)ose 
of  having  my  loyalty  vouched  for,  or  under- 
stood. I  am  not  opposed  to  the  sjiirit  of  the 
amendment,  by  any  means,  but  I  look  upon 
this  constitutional  provision  as  being  an  instru- 
ment that  will  cut  both  ways.  I  perceive  by 
the  remarks  of  gentlemen  who  have  preceded 
me,  that  they  do  not  appear  to  agree  among 
themselves,  even  with  regard  to  the  objects  of 
the  mover  of  the  resolution.  It  seems  that  the 
learned  gentlemen  from  Humboldt  (Mr.  Dunne,) 
who  originally  moved  the  resolution,  desires 
that  there  shall  be  no  discrimination,  but  that 
the  provision  shall  be  general  in  its  application 
to  every  elector  in  the  State,  while  most  of 
those  who  have  spoken  in  its  favor  seem  to  ad- 
vocate it  because  it  is  calculated  to  exclude 
the  very  class  which  he  says  is  obnoxious.  For 
myself,  Mr.  President,  in  a  body  composed  of 
such  intelligent  men  as  this  is,  when  there 
seems  to  be  so  great  a  discrepancy  between 
the  idea  of  the  mover  and  the  idea  of  those 
in  favor  of  the  adoption  of  the  motion,  I  have 
to  say  that  ''  I  fear  the  Greeks  even  bringing 
presents."  It  cannot  be  a  sound  prcjposition 
when  we  cannot  all  agree  even  upon  the  rea- 
sons of  the  mover,  or  when  we  approve  of  it  for 
different  reasons.  That  does  not  seem  to  me 
to  afford  a  very  flattering  prospect.  I  would 
rather  for  myself  prefer  that  this  subject  were 
entirely  left  "to  the  Legislature;  and  if  I  vote 
against  this  resolution,  it  will  be  entirely  and 
solely  upon  that  ground. 

We  do  not  even  derive  a  practical  advan- 
tage from  this  provision,  because  it  only  applies 
to  voters  after  we  shall  have  become  a  State  ; 
and  yet  the  most  important  aiul  vital  election 
which  we  are  about  to  hold  is  the  election 
which  is  to  decide  the  question  of  the  adoption 
of  this  Constitution,  or  its  rejection  ;  and  then 
the  first  State  election  is  to  be  held  immediately 
succeeding  its  adoption,  in  the  event  that  it  is 
adopted.  Yet  at  this  time,  when  men's  pas- 
sions are  excited,  as  we  have  seen  tiiey  are, 
when  we  all  feel  a  thrill  of  horror  at  the  damna- 
ble insurrection  which  has  deluged  this  land  in 
blood,  at  this  very  period  we  are  unable  to 
give  practical  eff'ect  to  this  clause.  And  still 
we  are  seeknig  to  make  it  0])erative  at  a  time 
when  the  passions  of  men  Mill  have  subsided, 
when  the  tumultuous  waves  of  rebellion  shall 
have  recoiled  and  rolled  back,  when  the  Angel 
of  Peace  shall,  with  her  trumi)et,  have  sounded 
the  notes  of  reconciliation  and  harmony.  It  is 
proposed.  Mr.  President,  that  when  perhaps  the 


2G4 


RIGHT  OP  SUFFRAGE. 


[8th  day. 


Tuesday,] 


BKOriXAX — DeLoxg. 


[July  12. 


deep  aud  bloody  traces  that  have  been  left] 
iipoii  the  heart  o'f  the  nation  by  this  damnahU' , 
war  t^hall  have  di.-aiipearod.  whi  u  in  t'litiUH' 
times  thti?e  scars  will  seem  perhaps  but  as  the  , 
hierojilvphics  which  tlie  boy  in  his  jilay  traees 
upon  a  barren  l)each.  to  be  swept  away  by  the 
first  wave,  or  the  first  reflux  of  tlie  tide,  we 
should  still  have  in  our  fundamental  law, 
adopted  fur  thi'  y;<ivernment  of  this  State,  this 
trace  and  mark  of  a  ])assionate  spirit  of  ro- 
ven;re.     1  do  not  want  to  gee  it  there. 

Not  only  do  1  look  upon  it  in  that  light.  Mr. 
I'resulent.'but  I  also  object  to  the  ]>rovision 
because  you  nughl  with  as  much  pro])riety,  in 
mvjudfriueut -though  in  this  1  may  be  in  er- 
ror^ jurscribe  all  the  duties  of  the  registering 
otlicer.  or  the  clerk  who  has  to  take  tlie  names, 
or  the  fees  to  be  received  for  administering  the 
oath,  and  all  those  other  little  matters  of  detail 
which  yiiu  ought  to  leave  to  the  Legislature  of 
your  State,  if  you  evi-r  have  one.  And  with 
"those  minor  duties  and  matters  of  detail  to  be 
prescribed  by  the  Legislature,  1  would  also 
leave  the  prescribing  of  this  oath.  Gentlemen 
will  jierceive  by  looking  at  .Section  27  of  Arti- 
cle 1\',  that  laws  arc  required  to  be  made  to 
exclude  certain  persons  from  serving  on  Juries 
and  trom  the  right  of  sulfrage.  If  this  provision 
were  proposed  to  be  incorporated  in  that  sec- 
tion, i  should  like  it  better  than  where  you  are 
jdacing  it  here,  in  connection  with  the  general 
declaration  of  the  privilege  of  the  exercise  of 
the  elective  franchise.  It  would  be  better  to 
leave  it  so  that  the  l>egislature,  when  pa.ssing 
laws  to  exclude  certain  persons  from  serving 
on  juries  and  jirescrihing  the  (pialilliations  oi 
electors,  may,  at  the  same  time,  establish  this 
oath. 

But.  sir.  I  do  not  wish  to  detain  the  Conven- 
tion with  any  extended  remarks.  .My  only  ob- 
ject is  to  have  my  objection  fairly  understood, 
namely,  that  this  is  a  proper  sul)ject  tor  legisla- 
tive acliou.  and  not  at  all  jiniper.  in  my  judg- 
ment, to  be  placed  in  this  Oonslilulion. 

.Mr.  i)KL(LN(j.  I  disagree  with  my  respected 
colleague  (.Mr.  Brosnan)  on  the  main  ground  of 
his  argument  in  opposition  to  this  measure.  He 
sjieaks  of  it  as  being  wrong  to  be  placed  in  our 
Constitution,  and  as  a  monument  of  revenge 
against  that  which  will  be  remembered  in  his- 
tory oidy  as  a  hieroglyphic  which  a  boy  has 
written  iii  the  sand,  1  do  not  think  that  this 
rebellion,  or  its  memory,  or  it.s  wrongs,  or  the 
irijuiii's  it  has  inllicteil,  will  be  wiped  out  by 
till-  Ih'st  -wave  of  jteace  and  reconciliation,  or 
e\en  by  tli(^  waves  of  peace  that  may  (low  over 
it  for  a  century  of  time  to  come.  1  helieve  as 
conlideiitly  as  my  colleague  may  or  can  be- 
lieve, that  tin?  strong  arm  of  the  (iovermnenl 
will  put  down  the  rebellion  which  is  now  seek- 
ing to  oNcrlhrow  it.  i  lielieve  that  rebellion 
to  be  as  accursed  xs  he  thinks  it  to  be,  1  be- 
lieve ill  all  those  things  as  strenuously  as  he 
does  ;  but  I  do  believe  that  when  this  rehellion 
shall  have  been  crushed,  rankling  in  the  hearts 
of  tho.-?e  who  have  been  its  aiders  and  abettors 


will  long  continue  to  exist  that  feeling  of  dis- 
affection which  will  require  the  strongest  guards 
and  restraints  for  a  long  time  to  come,  to  be 
placed  around  those  men,  to  protect  the  coun- 
try against  renewed  treason  and  perjury,  I  do 
not  think  that  this  proposed  section  will  stand 
as  a  monument  of  revenge  or  of  folly,  but 
rather  as  a  monument  of  caution,  which  we 
have  a  right  to  exercise,  in  the  future,  inas- 
nnicli  as  we  have  learned  the  bitter  lesson 
which  men  refused  at  tirst  to  believe,  that  in 
the  best  Government  the  world  ever  saw,  mil- 
lions of  men  could  be  found,  who,  without  any 
cause,  would  enter  into  a  conspiracy  and  bloody 
revolution  to  oviuthrow  that  (iovernment  and 
destroy  the  brightest  hopes  and  happiness  of 
their  fellow-men,  I  believe  that  within  a  few 
years  we  shall  see  constitutional  ju-ovisions 
framed  and  adopted  in  every  State  in  the  Union, 
and  by  the  Federal  Government  itself,  also, 
'  providing  that  every  man  who  shall  have  raised 
an  arm  against  our  Government  shall  be  re- 
garded, beyond  the  possibility  of  a  doubt,  not 
only  as  a  traitor,  but  as  a  double-dyed,  damna- 
ble villain  and  perjurer,  [.\pplause.]  I  want 
every  man  who  projioses  to  exercise  the  right 
of  suffrage  among  us  not  only  to  record  his 
name.  but.  in  the  presence  of  Almighty  God,  to 
swear  tlitit  oath,  and  so  to  seal  his  everlasting 
and  eternal  damnation  if  he  ever  again  raises 
his  hand  in  rebellion.  I  want  to  see  this  done, 
and  I  think  this  rebellion  has  justified  it.  If, 
heretofore,  in  the  best  regulated  and  most  en- 
lightened Government  that  has  ever  been 
founded  in  the  world,  malcontents  can  be  found 
who  would  rather  reign  in  hell  than  serve  in 
heaven,  men  who  at  any  time  when  they  lind 
that  their  prospects  of  elevation  to  power  are  im- 
paired, would  be  glad  to  see  the  Kejiublic 
dashed  to  ruin,  if  only  they  could  stand  para- 
mount above  that  ruin,  the  highest  of  the  high, 
then  we  may  expect  that  such  men  will  con- 
tinue to  be  found  in  the  future.  Such  men  do 
live;  they  live  now.  and  ever  have  lived  in 
the  history  of  the  past,  and  such  men  will  con- 
tinue to  live  as  long  as  (Governments  continue 
to  exist  on  earth,  I  say,  we  cannot  exercise 
too  much  caution  against  that  class  of  men  ; 
and  whilst  I  do  not  imjHign  or  question  the 
^  motives  of  gentlemen  who  dilfer  in  their  views 
.  (ju  this  subject  from  those  views  which  I  enter- 
tain, I  say  that  the  man  who  refuses  to  sub- 
I  scribe  to  that  oath,  or  does  not  desire  to  take 
it,  is  in  my  opinion  tender-footed  on  (he  tpies- 
[  tion  of  loyalty,  I  believe  that  no  man  who 
1  truly  loves  his  (Jovernment,  in  whose  heart  is 
maintained  the  linn,  lixed  resolve  that  he  will 
I  live  with  it  and  dii'  with  it,  has  any  oljjcction 
j  in  the  world  to  coming  before  a  liegi.strar,  and 
I  there,  wliih;  recording  himself  a  voter,  sub- 
I  scribing  to  that  oath  of  allegiance  which  binds 
I  him  in  his  soul  and  in  his  actions  for  all  time 
to  come,  1  want  it  to  stand  there,  hieroglyphic 
though  it  may  be.  not  written  in  the  sand,  but 
J  written  on  ]iar(hment,  in  our  State  Conslitu- 
i  tiou,  a  document  which  we  ourselves  subscribe 


8th  day.] 


IIIGHT  OF  SUFFRAGE. 


265 


Tuesday.] 


Hawley. 


[July  12. 


and  establish,  that  all  men  must  and  shall  sub- 
scribe to,  before  they  become  our  peers  and 
equals  in  the  perogatives  which  belong  to  free- 
men. And,  sir,  1  hope  that  this  Convention 
will  adopt  this  oath  and  add  it  to  that  section, 
as  a  guarantee  that  we  will  not  hereafter  be 
met  at  the  polls,  and  in  the  exercise  of  our 
sacred  right  of  suSVage,  be  counterbalanced 
and  stultihed  by  those  in  whose  veins  runs  no 
blood  save  that  which  is  black  as  hell  with  the 
taint  of  treason.  I  hope  the  proposed  amend- 
ment will  be  adoi^ted. 

Mr.  HAWLEY.  It  would  seem  like  pre- 
sumption to  add  anything  to  the  eloquent  argu- 
ment to  which  we  have  just  listened.  I  pre- 
sume that  if  there  is  any  man  on  the  floor,  who, 
from  his  early  associations,  and  from  the  ties 
Avhich  generally  bind  a  man  to  the  home  of  his 
youth,  might  be  pardoned  for  a  desire  to  extend 
a  mistaken  sympathy  to  those  men  who  have 
sought  to  plunge  the  country  into  the  ruin 
which  now  gapes  and  yawns  at  her  feet,  I  am 
that  man.  Sir,  I  would  rather  perish  by  slow 
fire,  or  now,  before  tliat  sun  sets  behind  the 
western  hills,  be  laid  in  a  nameless  grave,  un- 
known to  the  dearest  friend  I  have  on  earth, 
or  even  be  forgotten  by  the  mother  who  gave 
me  birth,  than  1  would  again  undergo  the  tem- 
pest of  emotions  through  which  I  have  arrived 
at  those  principles  which  are  now  the  pole  star 
of  mj'  existence.  Born  and  reared  amidst  the 
influences  of  the  accursed  institution  which  is 
now  being  defended  at  the  cost  of  the  life-blood 
of  the  men  who  have  established  and  built  up 
that  institution,  it  required  years  of  absence 
from  its  unhallowed  presence  to  teach  me  those 
lessons  which,  at  length,  1  have  learned.  But 
when,  at  last,  passion  had  died  away — when 
early  prejudices  had  been  weeded  out — I  be- 
came convinced  that  I  had  been  cherishing  er- 
roneous principles  ;  and  now  I  know  that  I  am 
right.  But  this  struggle  has  been  going  on  in 
my  breast  from  the  time  I  first  became  old 
enough  to  think. 

Now,  sir,  it  does  not  become  us,  as  men  en- 
gaged in  organizing  a  great  State,  to  indulge  in 
a  spirit  of  revenge  or  passion,  but  rather,  to 
look  this  matter  calmly  and  dispassionately  in 
the  face.      The  question  simply  resolves  itself 
into  this  :    Shall  we  place  in  our  organic  law 
our  emphatic,  and,  as  long  as  this  instrument ! 
shall   remain,  our  enduring  condemnation   of 
the  principle  which  gave  birth  to  this  rebellion  ?  i 
Shall  it  be  said  that  we,  meeting  here  to  repre- 1 
sent  a  loyal  constituency,  faltered  in  our  duty,  ] 
and   pandered   to   that    spirit    of    disaffection 
which  exists  in  our  midst,  and  which,  for  aught 
I  know,  may  have  its  representatives— not,  cer- 
tainly, upon  the  floor  of  this  Convention — but 
within  the  walls  of  the  very  building  in  which 
I  am  now  speaking  ?     Sir,  I  heartily  indorse. ! 
and  without  mental  reservation  or  purpose  of  i 
evasion,  the  amendment  which  is  now  offered.  , 
I  insist  upon  it,  that  it  is  the  duty  of  this  Con- ' 
ventiou  to  place  in  the  organic  law  of  the  new 
State,  a  vow  of  loyalty,  to  which  every  man 


who  may  hereafter  be  called  upon  to  exercise 
the  functions  of  a  freeman  at  the  ballot-box, 
shall  be  required  to  subscribe.  There  is  no 
middle  ground.  If  we  hesitate  or  delay,  I  be- 
lieve, sir,  we  are  lost.  Facts  have  come  to  my 
knowledge  since  I  came  to  this  city  as  a  mem- 
ber of  this  Convention,  at  the  relation  of  which 
I  have  shuddered  not  less  than  when,  for  the 
first  time,  I  learned  tliat  the  hand  of  treason 
and  rebellion  had  applied  the  spark  to  the  can- 
non which  sent  the  first  ball  against  the  walls 
of  Sumter.  I  believe  to-day.  that  not  only  in 
this  Territory,  but  in  the  adjacent  State  of  Cal- 
ifornia— and  not  only  in  California,  but  in  many 
a  spot  between  here  and  the  Missouri  lliver— 
armed  bands  of  rebels  exist,  who,  upon  the 
first  occasion  of  a  reverse — and  such  a  thing 
may  happen— are  ready  to  apply  the  torch 
which  shall  lay  in  ashes  our  dwellings  and  our 
homes  ;  to  bring  upon  this  land  the  unnum- 
bered and  unimaginable  horrors  which  have 
reigned  in  that  State  from  which  more  immedi- 
ate!}' I  came. 

Now,  sir,  this  oath,  if  incorporated  into  our 
Constitution,  we  are  told,  will  have  no  practical 
effl-ct.  These  men  now  think  they  can  plot  in 
secret  until  the  hour  comes  when  they  can 
work  openly,  and  that  if  they  must  meet  death, 
they  may  die  with  feet  to  the  foe  ;  but  when 
they  come  to  know  that  not  death  upon  the 
battle-field,  fighting  for  a  mistaken  idea,  is  to 
be  their  lot— but  that  instead,  the  felon's  doom 
awaits  them  ;  that  they  are  to  drag  out  ai-uined 
existence  in  chains,  or  in  everlasting  contempt — 
they  will  hesitate  long  before  incurring  such  a 
punishment.  More  than  that,  they  will  learn 
that  by  pf-rsisting  in  a  treasonable  course,  they 
are  ostracising  themselves  ;  that  they  are 
placing  a  brand  of  suspicion  upon  themselves 
which  will  render  them  powerless  for  evil. 
Now,  if  we  leave  this  matter  open  in  our  Con- 
stitution, prescribing  no  oath,  but  ••  taking  the 
chances,"  to  use  a  vulgarism,  of  the  Legislature 
prescribing  an  oath  which  will  be  sutticiently 
binding,  we  may  suddenly  find  ourselves  bound 
hand  and  foot,  or,  at  least,  if  not  so  bound, 
compelled  to  meet  as  foes  upon  the  battlefield 
a  class  of  men,  every  one  of  whom,  for  my 
part,  I  despise,  as  I  do  the  filthy  garbage  of  the 
gutter. 

Sir,  I  do  not  see  how  an  American  ^citizen, 
even  though  born  in  the  South,  in  a  State  which 
has  declared  itself  separated  from  the  United 
States,  living  in  that  section  which  has  thrown 
thousands  into  the  "  imminent  deadly  breach," 
and  sacrificed  so  many  gallant  lives- for  a 
braver  or  more  generous  people  than  the 
Southern  never  lived,  till  they  were  tainted 
with  this  accursed  heresy  of  treason— 1  can  not 
see,  I  say,  how  an  American  citizen,  although 
living  in  such  a  State,  and  amidst  such  associa- 
tions, can  so  cling  to  the  prejudices  of  the  past 
as  to  even  silently  sympathise  with  that  arch 
rebel  who  is  now  leading  tlie  hordes  of  treason 
against  the  Government,  and  to  whom  the  lan- 
guage of  the  poet  may  well  be  applied  :— 


266 


rJGET  OF  SUFFRAGE. 


[8th  d&y. 


Tuesday,] 


Warwick — Dunne. 


[July  12. 


"  Derision  shall  strike  bim  forlorn, 

A  nioikerj-  that  mvcr  shall  die; 
Tin-  lursis  of  liati-,  and  tho  hisses  of  scorn 
Sliall  l)urthi-u  tlie  winds  of  his  sky; 
And  proud  o't-r  his  riiiu,  forever  be  hurled 
The  laughter  of  triuiuph,  the  jeers  of  the  world." 
Sir.  if  wo  are  to  render  such  men   powerless 
for  evil,  we  must  circumscribe  their  actions. 
and  subject  them  to  scorn  and  contempt.     It 
becomes  us  as  men.  in  eslablishin<^  the  muni- 
ment   of   a   new   .<tate.  to   inscribe   upon   that 
muniment   our    condemnation   of    the    causes 
which  have  led  to  the  ju'csent  unhappy  condi- 
tion of  our  country.      It  becomes  us  as  men. 
met  here  with  an  avowed  ])urpose.  to  distinctly 
undei-staiul  that  it  is  within  our  province  to 
strenjr.hen  the  hands  of  the  Feileral  Govern- 
iiieut.  an<I  not  to  leave  our  wori-c   half  done, 
but.  before  we  leave  this  hall,  to  place  a  cap- 
stone  upon   the   edifice  which  we   shall  have 
erected,  and  place  it  there  .so  firmly,  too,  that 
nothiuij  but  the    sound  of  time's  last   trump 
shall  cause  its  foundations  to  crumble,  or  its 
pillars  to  fall. 

.Mr.  WAUWICK.  I  confess  that  I  have  list- 
ened to  the  debate  which  has  occupied  the  last 
two  hours,  with  a  very  great  degree  of  interest, 
nor  can  I  conceive  that  the  time  has  been 
wasted  which  has  been  devoted  to  the  considera- 
tion of  this,  possibly  the  most  important  ques- 
tion which  this  Convention  will  have  before  it. 
And  1  certainly  have  been  astonished,  exceed- 
ingly astonished,  at  the  ground  taken  by  some 
gentlemen  in  their  arguments,  in  asserting  that 
the  measure  wiiich  we  are  proposing  to  incor- 
porate into  the  organic  law  of  the  State  of  Ne- 
vada partakes  of  the  character  of  an  act  of 
reveng''.  whicl:  shall  stand  as  a  moiuiment  of 
our  iiiil)eciiity,  instead  of  a  lasting  and  endur- 
ing monument  of  our  wisdom.  The  ameiul- 
mcnl  proposed  is  itself  so  worded,  so  am])ly 
puarilcd.  that  no  individual,  no  Southern  man. 
however  tenacious  he  may  l}e  with  regard  to 
his  rights,  can  find  any  fault  with  that  particu- 
lar section  which  we  an,'  here  attempting  to 
incorporate  U\U>  our  organic  law. 

Mr.  J»rNNH.  AVill  the  gentleman  permit  me 
to  ask  him  a  (piestion?  I  would  like  to  intpiire 
if  the  gcnileman,  when  he  s])eaks  of  an  amend- 
ment. iindiTstamls  that  there  is  :in  amtMidnient 
to  an  ami'ndmon(  ju'oposcd.and  that  tiieanieiid- 
ment  now  immediately  iiefoie  the  Con\ention. 
conti-m'plates  making  the  distinction  that  only 
those  wlio  are  challenged  before  the  Kegislrar 
Bhall  l)e  ri'r|uired  to  take  the  oath  '! 

Mr.  WAUWICK.  Exactly  ;  1  understand  the 
propo-^iiion  |)erfeclly.  and  i  am  opi)osed  to  that 
ameiidmein.  and  in  favor  of  llu-  jiroposition 
that  the  oalli  shall  be  administi'red  to  eveiy  in- 
dividual who  shall  come  before  the  Registrar. 
I  am  in  favor  of  that,  for  the  reasons  so  ably 
given  to  the  Convention  by  the  gi'iilleman  from 
liumltoldi  himself  (Mr.  Dunru',)  and  so  ably 
advoealed.  (rx).  Iiy  the  gentleman  from  Storey 
(Mr.  Iiei.ong,)  and  others  who  have  s|i<dxen  on 
this  point.  I  am  in  laxor  of  it  for  Ihe  n-asons 
which  the  gentleman  himself  stated,  that  the  time 


I  must  come  when  the  mantle  of  charity  will  be 

I  cast  over  the  sins  of  the  past,  and  when  the  scars 
I  of  this  rebellion  shall  be  obliterated.  I  have 
I  no  doubt  that  after  a  general  amnesty  shall 
I  have  gone  into  effect,  at  the  end  of  the  rebel- 
!  lion,  we  shall  forget  that  we  have  ever  been 
I  aught  but  brothers.  That  day,  however  dis- 
j  tant,  must  come,  for  the  idea  has  never  yet 
'  crossed  my  miiul  that  there  can  exist  two  dis- 
tinct and  se]).irate  sections  of  the  great  Ameri- 
can confederacy,  living  as  neighbors,  each  un- 
der a  different  system  of  government,  and  with 
a  difl'erent  name  from  the  other.  I  can  only 
look  forward  to  the  day  when  we  shall  stand 
again  as  one  great,  united  people;  when  we  shall 
exist  and  be  known  as  the  United  Stales  of 
America,  and  when  the  accursed  luinie  of"  Con- 
federacy" siiall  be  heard  no  more  in  the  land. 
For  that  reason,  sir,  when  this  war  shall  have 
passed  away,  when  this  rebellion  shall  be  no 
more  heard  of,  I  would  have  it  said  that  this 
Convention,  assembled  while  the  clouds  of  war 
were  still  hovering  over  the  land,  to  rear  a 
young  Stale,  to  add  a  new  star  to  the  glorious 
star-genuned  flag,  was  not  forgetful  of  the  com- 
ing peace,  but  placed  those  over  whom  the 
amnesty  should  throw  its  protecting  a^gis  on 
an  equality  with  other  citizens,  exacting  no 
more  from  those  who  had  been  pardoned  than 
those  who  had  been  loyal  citizens  from  the  first 
hour  of  the  rebellion.  If  the  respected  gentle- 
man from  Storey  (Mr.  (^ollins,)  can  show  me 
where  there  is  any  vengeance  in  this  i)roposi- 
tion,  when  I  say  that  the  man  who  has  perhaps 
stricken  down  in  this  war  a  brother,  a  son.  or 
a  father,  may  be  allowed  to  vote  upon  taking 
the  same  oath  which  I  myself  have  to  take- 
when  I  say  to  him,  ''Sir.  1  ask  no  more  of  you 
in  registering  your  name  as  a  voter  than  I  my- 
self concede  "to  that  Government  which  has 
protected  me  from  childhood  to  manhood,  and 
which  will  continue  to  jjrotect  me  till  1  find 
rest  in  the  grave," — then  1  shall  ])e  ready  to 
vote  against  this  amendment.  Where  is  the 
vengeance  in  that? 

One  gentleman  has  spoken  as  if  those  men 
who  are  in  rebellion  were  committing  the  un- 
pardonable sin.  over  which  we  never  can  throw 
the  mantle  of  chai'ity.  lie  spoke  as  if  we  never 
would  be  willing  to  forgive  them,  and  the  cry 
went  up  of  "lilood!  blood!  l)lood !  "  lie 
seems  to  think  that  the  blood  they  have  shed 
in  this  war  never  c;in  be  washed  out,  no  matter 
what  the  character  of  the  sacrifice.  Such  is 
not.  in  my  judgment,  the  proper  view  of  the 
case.  I  have  seen  a  dis])osition  manifested 
here  by  other  gentk'HU'U — by  the  young  gentle- 
man from  Lyon  (Mr.  Kcnnc'dy)  more  esjiecially, 
and  all  who  have  advocated  this  proposition 
have  ref(^rred  to  it  —  to  look  forward  to  the 
time  when  an  amnesty  will  be  in  force,  and 
when  thereby  this  sin  will  be  blotted  out  and 
no  nu>re  known  in  the  land.  Now,  sir,  I  hojje 
the  idea  of  re()uiiiiig  this  test  to  be  a])j)lied 
only  to  such  as  may  l)e  challenged,  will  not 
prevail,  liut  that  the  amendment  requiring  ev- 


8tli  day.] 


RIGHT  OF  SUFFRAGE. 


267 


Tuesday,] 


Warwick — Fitch — Nourse. 


[July  12. 


ery  man  to  take  the  oath  when  his  name  is 
registered,  will  be  adopted.  I  hope  that  amend- 
ment, haviiif^  due  regard  to  the  Amnesty  Proc- 
lamation, will  l_»e  incorporated  in  onr  organic 
act,  even  it' it  does  carry  with  it  the  condemna- 
tion of  treason  forever  and  forever,  as  long  as 
the  Kepnhlic  shall  stand.  Is  the  gentleman 
from  Storey  afraid  that  we  should  place  the 
seal  of  our  condemnation  upon  treason?  Is  it 
not  enough,  when  the  whole  land  has  been 
made  one  vast  scene  of  sacrifice,  when  the 
scars  are  still  open,  the  blood  flowing  from  a 
million  of  wounds,  and  the  life  of  the  Nation 
trembling  in  the  balance,  to  justify  ns  now, 
while  we  are  on  the  point  of  rising  into  Na- 
tional existence,  in  stamping  upon  the  charter 
of  our  coming  liberty  the  fact  that  we  do  abhor 
and  abominate  treason?  We  propose  to  let 
the  seal  of  our  curse  and  condemnation  stand 
upon  it  as  long  as  these  mountains  around  us 
shall  continue  to  rear  their  heads  towards 
heaven,  and  for  one,  I  am  not  afraid  to  raise 
my  voice,  and  to  have  my  vote  go  upon  the 
record  of  the  proceedings  of  this  Convention, 
in  condemnation  of  treason.  Though  we  may 
forgive  the  traitors,  we  never  shall  forgive  nor 
cease  to  abhor  their  treason.  Though  the  Am- 
nesty may  cover  their  sins,  and  they  be  blotted 
out  and  forgotten,  still  the  treason  is  as  accursed 
as  ever.  And  future  statesmen  shall  arise  and 
point  to  the  time  in  which  we  live,  when  that 
treason  endangered  the  life  of  the  Nation,  when 
the  (Government  itself  was  threatened  by  it  to 
be  bhjtted  out,  and  the  hope  of  coming  millions 
quenched  forever.  Then,  I  ask,  shall  we  not 
now  place  our  seal  of  condemnation  upon  that 
treason  ?  I  am  at  a  loss  to  perceive  where  the 
argument  of  revenge  can  he  made  to  apply, 
when  we  ask  no  more  of  the  vilest  traitor  that 
ever  shot  down  and  murdered  a  patriot  in  cold 
blood,  than  we  ourselves  concede  to  the  Gov- 
ernment. 

I  can  see  a  very  serious  objection  to  the 
amendment  proposed  by  the  gentleman  from 
Ormsby,  (Mr.  Johnson.)  leaving  the  section  so 
as  to  ajjply  only  to  those  who  may  be  chal- 
lenged. In  the  first  place,  that  would  impose  a 
most  disagreeable  duty  upon  the  challenger,  or 
if  you  make  it  the  Registrar's  duty,  it  imposes  a 
disagreeable  duty  upon  him,  and  a  most  weighty 
responsibility,  also.  I  venture  to  say,  sir,  that 
there  is  no  loyal  man  in  this  Convention,  nor 
yet  within  the  borders  of  this  Territory,  but 
■will  be  willing  to  sacrifice  so  much  as  is  re- 
quii'ed  by  this  provision,  if  sacrifice  it  be,  to 
require  him  once  a  year  to  pledge  anew  his 
fealty  to  the  American  Union.  Now,  suppose 
a  case  like  this — and  it  is  one  likely  to  occur 
every  day :  Two  men  go  before  the  Registrar 
a  few  days  preceding  the  election  to  have  their 
names  recorded  as  voters.  Both  are  equally 
known  to  the  Registrar,  and  he  is  on  friendly 
terms  with  Ijoth.  He  takes  the  name  of  the 
gentleman  from  Storey,  (Mr.  DeLong.)  if  you 
please,  without  any  question,  because  he  knows 
him  to  be  thoroughly  loyal.     I  then   jareseut 


myself,  but  he  says,  "No,  sir  ;  you  cannot  have 
your  name  registered  unless  yon  take  this  oath, 
because  I  believe  you  to  be  a  traitor."  It 
would  be  no  nnire  than  his  duty,  I  admit,  if  he 
lielieved  that  to  lie  the  case,  ))ut  when  you  con- 
sider the  manifold  relations  which  we  all  occu- 
py more  or  less,  and  necessarily  so,  with  people 
who  are  of  doubtful  fidelity  to  the  Government, 
with  whom  we  are  brought  in  contact  in  our 
daily  attairs,  1  submit  that  this  would  im- 
pose upon  a  Registrar  a  most  disagreeable 
duty,  and  an  onerous  task ;  whi-reas  it  would 
be  no  task  at  all  if  every  man  were  required 
to  lake  the  oath.  I,  or  my  friend  from  Storey, 
can  take  the  oath  then,  on  equal  tiii'ms,  and 
any  man  who  does  not  want  to  take  it,  can  go 
away  ;  and  the  man  who  may  be  unjustly  ac- 
cused of  disloyalty,  if  he  has  no  sympathy  with 
treason,  will  thus  have  an  oiipcu'tunity  to  mani- 
fest that  lact.  But,  sir,  we  know  the  tenacity 
with  which  all  men  cling  to  supposed  rights. 
The  Registrars  would  be  overwhelmed  with 
applications  to  challenge  this,  that,  or  the  other 
nnin,  and  they  would  be  abused  frequently  if 
they  did  not  require  certain  men  to  take  the 
oath. 

I  repeat  that  it  is  no  hardship  to  any  loyal 
man  to  take  this  oath.  I  do  not  believe  that 
there  is  a  member  of  this  Convention  here  who 
would  object  to  taking  it  if  he  were  called  upon 
at  this  time.  Why,  then,  should  we  place  upon 
any  officer  this  onerous  burden,  this  disagree- 
able task  which  would  be  likely  to  subject  him 
to  abuse  a  hundred  times  a  day,  when  we  can 
just  as  easily  put  this  matter  in  such  a  shape 
that  he  need  give  offense  to  no  man,  and  at  the 
same  time  the  provision  will  positively  debar 
those  who  are  not  in  sympathy  with  the  Gov- 
ernment from  counterbalancing  the  votes  of 
loyal  men?  I  believe  the  gentleman  from 
Storey  (Mr.  Collins)  is  actuated  by  as  patriotic 
motives  as  any  gentleman  in  this  Convention, 
although  I  certainly  do  think  it  is  an  error  of 
judgment  on  his  part  to  suppose  that  a  law  can 
be  made  under  the  amendment  to  the  amend- 
ment, which  will  be  as  efficient  as  it  would  be 
under  the  original  instructions,  which  have  been 
sui)ported  by  nearly  every  gentleman  in  this 
body. 

Mr.  FITCH.  The  gentleman  from  Lander 
will  pardon  me  for  the  interruption,  but  it  is 
now  only  ten  minutes  before  five  o'clock,  and 
we  must  have  a  vote  soon,  or  not  at  all  to-day. 
The  gentleman  has  already  exceeded  the  limit 
of  fifteen  minutes.  I  bcdieve. 

Mr.  WARWICK.  Oh,  very  well  ;  I  do  not 
desire  to  trespass  beyond  my  time,  and  I  have 
said  all  I  wished  to  say. 

Mr.  NOURSE.  I  shall  vote  against  the 
amendment  to  the  amendment,  because  I  like 
the  original  proposition  better. 

The  question  was  taken  on  the  auu'udment 
to  the  instructions  proposed  by  Mr.  Johnson, 
and  it  was  not  agreed  to. 

The  question  recurred  upon  the  instructions 
proposed  by  Mr.  Dunne. 


268 


RIGHT  OF  SUFFRAGE. 


[9th  da}' 


AVeduesday,]      Fitch— Mikdcck—Bkosnak— Warwick— Kennedy— Banks— Duxxe.      [July  13. 


Mr.  FITCH.  If  we  carry  this  matter  over  till 
to-morrow,  we  shall  be  likely  to  fritter  away 
anolher  day  before  it  is  finally  adjusted.  1 
hope  we  shall  instruct  the  commmittee  to  report 
soniethinjz;  iiniucdiate'ly. 

Mr.  ML'RDOClv.  If  a  further  amendment  is 
in  order  now,  I  think  that  one  should  be  made. 
I  think  I  can  see  that  instances  might  arise 
■vj-here  this  section,  as  proposed  to  be  amended, 
would  work  a  hardship,  at  least  in  certain  com- 
munities. In  Virginia  City,  probably  there 
Avould  be  no  trouble  about  registering  the 
names  ;  but  I  would  like  to  have  the  secticjn  so 
anu'uded  that  the  Tax  Collectors  or  their  de- 
puties might  be  provided  with  the  form  of  oath, 
and  the  papers  necessary,  so  that  men  might 
have  their  names  registered  at  the  same  time 
thev  pay  their  taxes. 

The  I'll KSI DENT.  This  proposition  would 
not  inhibit  the  Legislature  from  providing  for 
that  course  ;  it  only  requires  that  the  oath  shall 
be  taken,  and  leavi?s  the  mode  and  manner  to 
be  regulated  by  the  Legislature.  ] 

Mr.  MURDOCK.  Very  well ;  I  most  heartily 
concur.  i 

The  question  was  taken  on  the  motion  of  .^lr. 
Dunne,  to  recommit  with  the  instructions  pro- 
posed bv  him.  and  it  was  agreed  to. 

The  r'RESIDEXT  appointed  as  the  special 
committee,  under  the  motion,  Messrs.  Kennedy, 
Unnne,  and  Brosnan. 

Mr.  BROSNAN.  It  is  not  the  usual  parlia- 
mentarv  course,  I  believe,  to  place  upon  the 
committee  to  which  a  measure  is  referred,  a 
member  who  is  opposed  to  that  measure.  But 
I  wish  to  sav,  how(!ver.  that  I  am  not  opposed 
to  this  proposition,  and  1  will  therefore  serve 
on  the  committee. 

Mr.  ClIAPIN  gave  notice  that  the  Committee 
on  the  great  Seal  of  Nevada  would  meet  this 
evening. 

The  hour  of  five  o'clock  having  arrived,  the 
Tresident,  under  the  rule,  declared  the  Conven- 
tion adjourned. 


NINTH  DAY. 

Cahsox,  July  13,  1864. 

JIORNING  SESSION. 


The  Convention  met  at  nine  o'clock,  and  was 
call<-d  to  ord<-r  1)V  llic  I'rcsidcnt. 

Tbe  roll  was  callfil  and  all  the  members  re- 
sponded except  the  following  :  Mes.'^rs.  Ball. 
Crawford,  Fitch,  Folsom.  Cilisou.  Haines,  Jones. 
Mor.se,  Sturtevant,  Wellington,  and  Williams. 
Present.  28  ;  absent,  11. 

On  motion  of  Mr.  H.\WLEY.  leave  ol  ab- 
sence was  gnuiteil  imleliiiitely  to  Mr.  Haines. 

On  motion  of  Mr.  liOVEV.  leave  of  alisence 
was  granted  indefinitely  to  Mr.  Fri/.eli. 

Prayer  was  otfered  by  the  Rev.  Mr.  RILEV. 

The'journal  of  Saturday  was  read,  corrected 
and  approved. 


PACIFIC   RAILROAD. 

The  SECRETARY  stated  (by  leave  of  the 
Convention)  that  on  ]\Ionday  some  member  of 
the  Convention  had  given  notice  of  an  amend- 
ment to  Article  VIII,  entitled  Municipal  and 
other  Corporations,  and  that  in  consequence  of 
'  that  proposed  amendment  he  had  directed  the 
assistant  Secretary  to  suspend  the  engrossing  of 
the  article.  The  amendment  referred  to  was  in 
Section  9,  in  relation  to  the  Pacific  Railroad. 
Mr.  DeLONG.  That  is  the  old  bone. 
Mr.  WARWICK.  I  think  I  was  the  one  who 
gave  notice  at  that  time  that  I  should  m:_ike  a 
motion  to  amend  so  as  to  raise  the  rate  of  inter- 
est on  these  bonds  from  seven  to  ten  pt'r  cent. ; 
•  but  I  thought  that  matter  had  been  disposed  of 
i  and  decided  by  the  Convention.  The  questioa 
I  was  very  ably  argued,  I  remember,  by  the 
I  President,  and  I  was  under  the  impression  that 

the  Convention  took  action  immediately,  re- 
I  taining  the  lower  rate  of  interest.  If.  however, 
j  the  subject  is  still  open,  I  should  be  very  happy 
I  to  have"  the  clause  amended,  and  at  the  proiier 
;  time  I  shall  be  glad  of  an  opportunity  to  say  a 
i  few  words  in  regard  to  the  propriety  of  raising 
i  that  rate  of  interest. 

The  PRESIDENT.    It  would  not  be  in  order 

at  the  present  time.      Reports  of   committees 

are  the  present  order  of  business. 

RlfillT   OF   SVFFRAGE  —  THE   VOTEu's   O.VTH. 

Mr.  KENNEDY, from  the  special  committee  to 
whom  was  referred  Article  II,  entitled  l^ight  of 
Suffrage,  with  instructions  to  amend  Section  7, 
reported  as  follows  : — 

Your  committee  to  which  wa.s  rocommittcrt  Article 
n,  entitled  Bight  of  Sutt'ragc,  with  iiistnictiniis  to 
amend  Section  7,  by  inserting  the  oatli  stnckm  out  uf 
Section  2,  or  to  draft  an  oath  prtiper  for  that  imrpose 
and  report  the  same  to  the  Couveution,  respecttuUy 
submit  the  following  proviso  as  an  addition  to  Section 
7:— 

"  Provided,  That  no  person  shall  have  his  name  reg- 
istered as  an  elector  until  he  shall  take  and  subscribe 
the  following  oath  or  affirmation  before  an  officer  au- 
thorized by  law :— '  I ,  do  solemnly  swear  (or  af- 
firm) that  I  will  support,  protect,  and  defend  the  CX)n- 
stitution  and  Government  of  the  United  States,  and 
the  Constitution  and  Government  of  the  State  of  Ne- 
vada against  all  enemies  whether  domestic  or  foreign, 
and  that  I  will  bear  true  faith,  aUegiance,  and  loyalty 
to  the  same,  any  ordinance,  resolution  or  law  of  any 
State  Convention  or  Legislature  to  the  contrary  not- 
withstanding: and  further,  that  I  do  this  with  a  luU 
determination,  pledge,  and  purpose,  without  any  men- 
tal reservation  or  evasion  whotsoever,  so  help  me 
God.'"  ^    , 

All  of  wliich  is  respectfully  submitted. 

F.  U.  KENNEDY,  Chairman. 

Mr.  BANKS.  I  move  the  adoption  of  that 
report. 

Mr.  DFNNE.  In  the  ordinary  course  ol 
l)nsiness.  1  believe,  this  report  would  go  to  the 
general  file,  but  I  should  like  to  susi)end  the 
rules  and  take  it  up  now. 

The  PinOSIDENT.  1  supjiose  it  is  competent 
for  the  Convention  to  considi'r  the  report  now, 
under  tlie  rules. 

Mr.  BANKS.  I  hope  any  question  of  order 
in  regard  to  it  will  be  waived,  and  let  us  de- 


9th  day.] 


RIGHT  OF  SUFFRAGE. 


2G9 


Wednesday,] 


liOCKwooD— McClinton— DeLong — Dunne. 


[Jnly  13. 


cide  the  mattei'  now,  as  it  has  already  been 
fully  debated. 

JVir.  LOCKVVOOD.  I  listened  to  a  long  de- 
bate on  this  question  j'esterday,  and  I  should, 
niyselt',  like  to  make  a  very  few  remarks  upon 
it  at  this  time,  merely  for  the  sake  of  gaining 
some  information,  because  I  wish  to  vote  intel- 
ligently. Sir,  if  1  understand  the  object  of  a 
registration  of  voters,  it  is  to  provide  tiie  means 
of  })reventing  men  who  are  not  qualilied  elect- 
ors, under  the  laws,  from  exercising  the  right 
of  the  elective  franchise.  Now,  by  referring 
to  Section  2  of  this  article,  gentlemen  will  find 
that  we  have  this  provision  : — 

Sec.  2.  No  person  who  has  been  or  may  be  convicted 
of  treason  or  felony,  in  any  State  or  Territory  of  the 
United  States,  unless  restored  to  civil  rights,  and  no 
person  who,  after  arriving  at  the  age  of  eighteen  years, 
shall  have  voluntarily  borne  arms  against  the  United 
States,  or  held  civil  or  military  office  luulcr  the  so-call- 
ed Confederate  States,  or  either  of  them,  unless  an 
amnesty  be  granted  to  such  by  the  Federal  Govern- 
ment, and  no  idiot  or  insane  person,  shaU  be  entitled 
to  the  ijrivilege  of  an  elector. 

Already  we  have  provided  that  no  such  per- 
son as  is  here  described  shall  be  allowed  to 
exercise  this  right  of  suffrage.  I  start  out,  sir, 
with  the  assumption  that  one  duty,  and,  I  pre- 
sume, about  the  only  duty,  of  the  Registrar, 
will  be  to  find  out,  by  some  proper  means,  who 
are,  and  who  are  not,  qualified  electors. 

Mr.  McCLlXTON.  I  want  to  correct  the  gen- 
tleman, with  his  permission,  in  one  respect.  I 
think  that  section  which  he  has  read,  and  which 
has  met  with  general  ap])roval  by  the  Conven- 
tion, says  that  such  men  shall  not  vote  "  unless 
a  general  amnesty  be  granted  by  the  United 
States,"  or  words  to  that  elfect. 

Mr.  LOCKWOOD.  I  understand  all  that ; 
bnt  this  article  goes  further,  in  another  part. 
It  says  in  Section  8,  as  we  have  it  before  us  in 
the  printed  basis  : — 

"  Provision  shall  be  made  by  law  for  the  registration 
of  the  names  of  the  electors  within  the  county  of 
which  they  may  be  residents,  and  for  the  ascertain- 
ment, by  proper  proofs,  of  the  persons  who  shall  be 
entitled  to  the  right  of  suffrage,  as  hereby  established." 

Now,  who  is  to  ascertain  this,  by  proper 
Iproofs?  Why.  the  Registrar.  I  submit  to  the 
jConvention,  that  if  a  man  comes  before  that 
jOflBcer  to  have  his  name  registered,  and  the  ofli- 
cer  says  to  him — "  Sir,  hold  up  your  hand  and 
iswear  whether  or  not  you  have  ever  borne 
arms  against  the  Federal  Government,  or  held 
office  under  the  so-called  Confederate  States,"" — 
{if  the  man  refuses  to  take  that  oath,  the  Regis- 
jtrar  must,  in  the  exei-cise  of  the  functions  of 
ihls  office,  even  in  accordance  with  the  sections 
jl  have  read,  refuse  to  receive  his  name.  He 
[would  have  no  right  to  register  the  name  of 
such  a  man  as  a  (jualiti('(l  elector.  Therefore, 
I  say,  while  1  would  be  willing,  if  necessary, 
ito  prescribe  the  very  strictest  form  of  oath — 
because  I  start  out  with  the  presumption  that 
iwe  are  in  favor  of  allowing  no  man  to  exercise 
the  elective  franchise,  who  feels  that  it  is  his 
jbounden  duty  to  do  all  he  can  to  overthrow 
the  Government,  whether  of  the  State  or  Na- 


tion, for  that  would  be  a  suicidal  policy  yet 
it  seems  to  me  that  we  are  not  called  upon  to 
prescrilK^  any  oath  at  all,  in  this  instrument.  It 
is,  of  course,  the  i)rovince  of  the  Legislature 
to  i)rescribe  the  duties  of  the  Registrar  ;  and  it 
does  seem  to  me  -  alHiougli  I  ani  mjt  a  lawver, 
and  do  not  wish  to  set  up  my  o|)iuioiis  in'op- 
p(isiti(Ui  to  those  of  abler  men  in  lljis  Conven- 
tion—tiiat  if  the  Registrar  has  anv  legitimate 
duty  at  all  to  perform,  that  duty  is  marked  out, 
or,  at  least,  intimated,  in  this  Section  2.  1  sub- 
mit this  suggestion  to  the  consideration  of  the 
Convention,  and  would  be  glad  to  hear  the 
opinions  of  gentlemen  who  know  more  about 
matters  of  this  sort  than  1  do. 

Mr.  I)eLON(;.  Does  the  gentleman  from 
Ormsby  think  that  this  Section  2,  which  he  has 
read,  authorizes  the  Registrar  to  require  any 
man  to  take  tlie  oath  ? 

Mr.  LtJCKWOOD.  I  submit  that  the  lan- 
guage of  the  section  is  plain.  It  says  that  no 
person  who  has  been  guilty  of  anv  of  these 
things  which  are  specified,  shall  be  entitled  to 
the  privileges  of  an  (dector  ;  and  the  very  ob- 
ject of  having  a  registry  of  votes  is,  to  find  out, 
before  tiie  day  of  election,  who  are  electors,  in 
order  that  the  proceedings,  on  election  day, 
may  not  be  interrupted  and  delayed,  by  any 
questions  involving  the  right  to  exercise  the 
elective  franchise. 

Mr.  DeLONG.  But  there  is  nothing  in  the 
section  to  authorize  the  Registrar  to"  re(iuire 
the  oath  to  be  taken  by  any  man.  Theie  is 
nothing  in  it  about  the  Registrar ;  and  it  would 
be  looked  upon  as  a  usurpation  of  power  on 
his  part  to  require  if.  But,  by  requiring  every 
man  to  take  the  oath,  we  relieve  the  officer  from 
the  responsibility,  and  at  the  same  time  we  shut 
out  disloyal  men  from  the  exercise  of  the  elect- 
ive franchise. 

Mv.  LOCKWOOD.  Neither  is  there  anything 
in  the  Constitution  to  make  it  the  duty  of  the 
(Governor  to  veto  a  bill.  It  seems  clear  to  me, 
that  as  the  Registrar  has  certain  duties  to  per- 
form, and  as  the  only  object  in  having  a  liegis- 
trar  at  all  is,  that  he  shall  ascertain,  by  ])roper 
proofs,  who  are  legal  voters,  this  power  and 
duty  may  be  inferred.  1  consider  that  it  would 
be  as  much  his  duty,  when  a  person  apjjlies  to 
be  registered,  to  find  out,  by  proper  ]u-oofs, 
whether  he  has  Ijeen  in  the  service,  military  or 
otherwise,  of  the  so-called  Confederate  States, 
as  it  would  be  to  find  out,  by  proper  iiroofs, 
whether  or  not  he  is  a  resident,  aiul  has  been 
six  months  in  the  State,  and  thirty  days  in  the 
district.  It  is  left  for  the  Legislature  to  jire- 
scribe  the  duties  of  the  Registrar,  and  thereibre 
1  consider  this  oath  out  of  place  in  the  Consti- 
tution. 1  am  willing  to  leave  it  entirely  to  the 
Legislature  to  say  liy  what  means  tiie  Registrar 
shall  ascertain  whether  a  nnin  is.  or  is  not.  a 
properly  qualified  elector,  ))efore  registering 
his  name. 

Mr.  DUNNE.  I  understand  the  matter  in 
this  light:  Section  2  specifies  certain  classes  of 
persons  who  shall  not  be  allowed  the  privilege 


270 


RIGHT  OF  SUFFRAGE. 


[Otli  day. 


Wedesdav.]        Stuktevant — Pkesidext— Lockwood — Banks — Warwick— Hovey.         [July  13. 


of  voting,  and  it  is  the  business  of  the  Legisla- 1  States,  as  it  is  to  ascertain  by  absolute  proof 
ture.  muler  the  restriction  hiid  down  here  in  '  that  he  is  a  resident  of  tlie  State,  and  has  been 
the  Constitution,  to  put  that  provision  into  I  a  resident  of  tlie  district  or  cotuity  long  enough 
operation.  Then,  after  tlie  classes  of  j)ersons  to  make  him  a  (pialified  elector, 
who  are  allowed  to  vote  have  been  delined.  the  I  .Mr.  ISAXK."^.  I  tliiriU  1  sufficiently  under- 
snbse(inent  section  goes  still  further,  as  amend- 1  stand  the  proposition  of  the  gentleman,  and 
ed,  and  says  that,  before  those  persons  shall !  my  answer   to   it  is   this.    Section  2,  of  Arti- 


vote.  they  must  be  recpiired  to  take  this  addi- 
tional oath. 

Mr.  .STUllTEVANT.  As  I  understand  it, 
the  great  reason,  or  one  of  the  principal  rea- 
sons for  registering  the  names  of  the  voters,  is 
for  the  pm-pose  of  gathering  the  p(dl-tax.  It 
is  a  financial  scheme.  It  may  be  provided  that 
a  man  shall  not  be  registered  except  upon  the 
payment  of  his  poll-tax. 

The  PRESIDENT.  No  provision  of  that 
kind  has  l)een  incorporated  into  the  Constitu- 
tion, but  there  is  a  provision  making  it  discre- 
tionary with  the  Legislature  to  pass  a  law  pro- 
viding that  the  payment  of  a  poll-tax  shall  be 
a  condition  precedent  to  the  right  of  voting. 
The  Legislature,  however,  may  pass  such  a  law, 
or  it  may  not. 

Mr.  StUUTEVANT.  If  that  is  not  the  ob- 
ject, so  far  as  I  am  concerned.  I  would  as  soon 
as  not  see  this  oath  stricken  out. 

Mr.  LOClvWOOD.  Now  I  still  persist  in 
my  proposition. 

yh:  BANKS.  Will  the  gentleman  state  it 
again,  brieflv  ? 

Mr.  LOCKWOOD.  I  will  state  it  as  briefly 
as  I  can,  but  I  did  not  take  a  part  in  the  dis- 
cussion of  yesterday,  and  I  think  I  might  be 
allowed  to  occupy  a  few  moments,  if  necessary. 
Mr.  BANKS.  The  gentleman  misunderstood 
me.  I  did  not  mean  to  ask  him  to  be  brief  on 
account  of  time  ;  what  I  want  is  a  clear  under- 
standing. I  think  the  gentleman  sees  a  diffi- 
culty, which  can  be  briefly  stated,  and  perhaps 
exjilaiiied  away. 

Mr.  LOCKWOOD.  I  say  that  the  object  of 
having  a  registry,  I  thiidv.'  is  to  ascertain  who 
are  the  electors. 

Mr.  BANKS.    Yes,  sir. 

Mr.  LO(JKWOOD.   And  to  ascertain  that,  pre- 
vious to  the  day  of  election. 
Mr.  BANKS.'    Yes.  sir. 

Mr.  W.VivWlCK.  I  hope  the  gentleman  from 
Humbolilt  will  not  interrupt  with  his  interjec- 
tions.    [Laughter.] 

Mr.  LOCKWOOD.  I  hold  that  it  must  be 
the  duty  of  the  Kegistrar  to  examine  any  appli- 
cant, before  registering  his  name,  relative  to 
his  qualifications  as  a  voter  ;  and  among  those 
qualifications,  the  applicant  must  show,  by 
some  means  or  other,  to  the  satisfaction  of  the 
Kegistrar,  that  he  has  never  borne  anne  against 
th<'  Government,  or  lield  oHicc,  cither  civil  or 
military,  under  the  so-called  <  "onfederate  States. 
Now,  sir,  my  ])roposition  is  this:  that  if  you  are 
going  to  jirescribe  any  oath,  you  should  insert 
in  it  the  other  disqualifications,  also.  It  is  as 
much  the  duty  of  the  Registrar  to  reipiirc  a 
man  to  swear  that  he  has  not  so  borne  arms,  or 
held  office  under    the    so-called    Confederate 


cle  II,  provides  that  persons  guilty  of  treason 
against  the  United  States,  unless  rc^stored  to 
civil  rights,  shall  not  have  the  privilege  of  vot- 
ing. That  is  tlie  declaration  of  the  Constitu- 
tion :  but  we  do  not  propose  to  prescribe  any 
oath  in  regard  to  that.  We  propose  that  the 
Legislature  may  pass  such  laws  as  will  enable 
the  officers  to  determine  whether  a  man  has 
been  guilty  of  treason  or  not,  or  whether  he 
has  been  pardoned  under  the  Amnesty  Procla- 
mation or  not.  So  far  asthe'jiast  is  concerncil, 
we  propose  to  leave  it,  with  the  machinery, 
oaths  and  all,  to  the  Legislature — to  the  statulcs 
to  be  passed  by  the  Legislature.  Then,  coming 
to  the  section  which  we  are  considering  now,  we 
provide  that,  so  far  as  future  acts  are  concerncil, 
we  will  require  every  man  who  comes  forwaid 
to  be  registered,  to  take  the  oath  which  lias 
been  read.  That,  I  understand,  is  the  whoh! 
scheme.  As  it  regards  the  past,  we  leave  il  to 
the  Legislature  ;  and  as  regards  the  future,  we 
prescribe  an  oath,  to  be  taken  by  all.  Ami  I 
wi.'ih  to  say  here,  in  reply  to  the  long  and  al)le 
arguments  against  this  provision,  to  which  \\  e 
listened  yesterday,  only  this :  that  we  do  not 
propose  to  do  anything  in  the  nature  of  re- 
venge ;  we  simph'  jirovide  for  protection 
against  treason  in  the  future. 

Mr.  LOCKWOOD.  I  wish  to  ask  one  ques- 
tion :  Suppose  a  man  comes  before  the  Regis- 
trar and  asks  to  have  his  name  registered,  docs 
not  the  gentleman  from  Humboldt  think  thai  it 
would  be  tlie  duty  of  the  Registrar,  under  S,'c- 
tion  2,  to  ask  him"  it  he  ever  held  othce  under 
the  so-called  Confederate  States;  I  mean  if 
there  were  no  provision  made  on  the  suhjcct 
by  the  Legislatur(>  ? 

'.Mr.  BANKS.  I  will  endeavor  to  an.swer  that 
question.  It  involves  a  point  which  was  very 
altly  considered  ))y  .fustice  Sander.<on,  of  the  Su- 
preme Court  of  California,  in  a  decision  which 
most  of  the  gentlemen  present  have  probably 
read.  This  is  one  of  those  sections  of  the  Con- 
stitution which,  like  the  other  section  to  which 
I  have  referred,  is  not  self-enforcing.  It  re- 
quires legislative  action  to  provide  the  ma- 
chinery by  which  the  matter  shall  be  deter- 
mined! That  is,  the  ipiestions  in*  regard  to  a 
party  coming  up  to  vote— Is  he  entitled  to  vote 
or  not?  lias  he  been  guilty  of  treason  or  not': 
Ac-  must  be  determined  by  the  agency  created 
liy  the  Legislature.  This  section  is  not  self 
enforcing. 

:\Ir.  IIOYEY.  I  think  I  see  some  difficulty 
in  the  way,  myself  I  will  offer  an  amendmeni 
to  meet  it. 

Mr.  UUNNE.     I  think  an  amendment  is  noi 
in  order. 
Mr.   IIOVEY.      Perhaps  it  may  not  be  m 


9tli  day. 


RIGHT  OF  SUFFRAGE. 


271 


Wednesday,]        Brossan— President— Dcnne—McCunton—Crosman—Proctou.  [July  l:j. 


order,  and  I  will  only  suggest  it,  and   ask  to 

have  it  read  for  information. 

The  SECRETARY  read,  as  follows  : 
Add  after  the  oath,  the  words,   "Provided,  that  the 

Legislature  may,  hy  law,  prescribe  such  further  oath 

as  they  may  deem  proi^er." 

The  question  was  taken  on  adopting  the  re- 
port of  the  special  committee,  amending  Article 
II,  and  it  was  agreed  to. 

Air.  CRAWFORD.  I  suggest  the  propriety 
of  reading  the  whole  article,  as  amended,  so 
that  we. can  all  understand  it. 

The  article  was  read  by  the  Secretary. 

THE    SOLDIEItS'    TOTE. 

Mr.  BROSNAN.  I  think  there  is  some  little 
ambiguity  in  the  reading  of  Section  4,  as  it  has 
been  amended. 

The  PRESIDENT.  There  seems  to  be  another 
objection  to  the  languago  here  emplo3'ed,  if  the 
Convention  will  permit  a  suggestion  from  the 
Chair.  Under  the  operation  of  this  Constitu- 
tion, it  is  proposed  that  the  votes  of  soldiers 
shall  be  made  to  apply  to  the  counties  in  which 
such  soldiers  were  recruited  ;  but  men  who  are 
severally  residents  of  three  or  four  different 
counties  may  all  be  enlisted  in  one  county  ; 
and  according  to  the  language  of  this  section, 
their  votes  might  be  made  to  ap[dy  to  that 
county,  although  some  of  them  would  be  legal- 
ly residents,  and  might  claim  the  right  to  vote 
in  other  counties.  They  are  declared  to  be 
voters  in  the  counties  in  which  they  were  en- 
listed, although  they  do  not  lose  residence  in 
the  counties  in  which  they  had  been  living  be- 
fore they  were  so  enlisted. 

Mr.  DL'NNE.  I  think  it  is  eminently  proper 
that  the  votes  should  )je  applied  to  the  coun- 
ties in  which  the  soldiers  are  'recruited,  for  the 
reason  that  the  only  diSiculty  would  be  to 
know  where  the  soldier  was  from.  It  would 
lead  to  endless  disputes  if  it  were  necessary  to 
determine  where  the  residences  of  all  the  men 
were  at  the  time  of  their  enlistment,  while  the 
records  would  be  available,  and  would  be  com- 
petent evidence  to  show  where  each  man  was 
enlisted.  Another  point  is  this :  that  if  one 
county  oifers  superior  bounties  to  lead  men  to 
come  from  other  counties  and  enlist,  I  think,  in 
the  way  of  reward  to  such  a  county  for  display- 
ing greater  liberality  than  is  shown  by  other 
counties,  it  should  have  the  advantage  of  the 
votes  of  the  soldrers  recruited  within  its  limits. 

Mr.  AIcCLlNTON.  There  would  be  a  diffi- 
culty in  the  way  of  allowing  soldiers  to  vote  in 
the  counties  in  which  they  are  recruited,  and  1 
think  there  should  be  a  constitutional  provision 
to  prohibit  them  from  voting  except  where  they 
are  residents.  A  person  might  go  from  this 
county  to  Storey  County  and  enlist,  who  had 
never  been  in  Storey  County  before  the  day  of 
■  his  enlistment,  or  but  a  day  or  two  before. 
Under  the  provisions  of  the  Constitution,  as 
found  in  Section  1  of  this  Article,  if  he  had  not 
enlisted,  he  could  not  vote  there,  because  he 
would  not  have  acquired  a  residence  by  having 


lived  there  thirty  days.  Xow,  as  there  have  been 
some  objections  made  to  the  words  here  used, 
providing  that  the  soldiers'  vote  shall  apply 
to  the  comity  in  which  he  was  recruited.  I  think 
I  can  ol)viate  such  olijection  hy  this  amend- 
ment Avhich  r  now  offer.  I  move  to  amend 
Section  4  by  striking  out  all  after  the  word 
"  county,"  and  inserting  instead  the  words, 
"  and  townshii)s  of  which  said  voters  are  bona 
fide  residents  at  the  time  of  their  enlistment '' 

The  PRESIDENT.  The  amendment  c:hi  only 
be  made  bv  unanimous  consent. 

Mr.  McCLINTON.  I  hope  there  will  be  no 
objection.  My  object  in  inserting  the  word 
••  township,"  is  this  :  the  office  of  Justice  of  the 
Peace  is  one  of  the  most  important  of  all  the 
county  offices  in  any  county,  and  it  is  just  as 
important  that  we  should  have  the  votes  of  our 
enlisted  soldiers  in  the  election  of  Justices  of 
the  Peace,  as  it  is  in  filling  the  office  of  the 
Sheriff  of  the  county,  the  County  Clerk,  or  any 
other  county  officer.  In  reality  it  is  an  office 
of  greater  interest  and  importance  to  the  peo- 
ple, the  security  of  their  rights  often  dejiending 
more  upon  the  election  of  a  good  Justice  of  the 
Peace  than  upon  a  good  Sheiilf ;  and  unless  the 
soldier  is  allowed  to  vote  in  the  township  iu 
which  at  the  time  of  his  enlistment  he  resided, 
of  which  he  Avas  then  a  bona  fide  resident,  he 
could  not  vote  at  all  for  a  Justice  of  the  Peace. 

]\lr.  CRtJSMAN.  It  looks  to  me  as  if  there 
would  be  a  ditliculty  in  the  way  of  making  this 
part  of  the  section  practically  operative.  i?you 
make  any  material  change  iii  the  language  as 
it  has  been  read.  As  has  already  been  remark- 
ed, the  only  means  of  knowing  "where  the  sol- 
diers came  from  is.  Ijy  referring  to  the  records 
mude  by  their  superior  officers,  at  the  place  of 
rendezvous.  If  we  attempt  to  change  the  lan- 
guage so  as  to  apply  the  votes  of  the  soldiers 
to  their  several  places  of  residence,  rather  than 
to  the  places  where  they  were  recruited,  very 
frequently  there  will  be  no  such  evidence  to 
produce,  and  the  provision  Avould,  therefore, 
be  inoperative.  Although  there  might  be  a  few 
cases  in  which  men  would  be  allowed  to  vote 
in  Storey  County,  for  instance,  who  had  gone 
there  from  this,  or  some  other  county,  to  enlist, 
yet  I  see  no  other  way  of  making  this  pro\ision 
operative. 

Mr.  PROCTOR.  I  desire  to  make  one  re- 
mark, and  I  speak  from  experience.  In  regard 
to  this  matter  of  enlistments.  I  jjresnme  that 
the  practice  is  about  the  same  now.  as  it  used 
to  be  when  I  was  iu  Uncle  Sam's  service.  AVlien 
a  recruit  is  enlisted,  the  first  (pieslicms  a>ked 
him  are  as  to  his  name,  age,  an(i  residt'nce.  and 
those  matters  ai'e  recorded  on  the  enlistment- 
roll.  That  is  the  case  with  every  soldier  in  the 
army  of  the  United  States.  The  recruit  gives 
his  name.  age.  heiglit.  comjilexion,  residence, 
itc.  and  it  is  all  placed  on  record.  I  havt-  seen, 
in  the  city  of  Mexico,  men  discharged  from  the 
army,  who  were  residents  of  Kentucky  at  the 
time  of  their  enlistment,  and  who.  after  their 
[  discharge,  received  mileage  to  their  jdaces  of 


07  •> 


RIGHT  OF  SUFFRAGE. 


[Oth  day. 


Wednesday.]      Dlxxk— Crosmax — McClixton— Bkosxax — Stuutevaxt— Lockwood.      [July  13. 


residence.  You  will  fiiul  no  inori'  difficulty  in 
U-aming  the  iv.<i<lciuc  of  a  soldier  from  tlio 
records,  tbau  you  will  in  liuding  tliere  Iho  place 
whiM-e  Le  was  enlisted,  and,  possibly,  not  so 
nuu-li. 

Mr.  nrN'.N'K.  If  that  is  so.  lot  us  make  this 
anuMidiiu-nt.     That  is  the  view  I  take  of  it. 

Mr.  CUOSM.YN.  I  certainly  would  desire 
to  have  the  vote  of  each  man  ajjply  where  it 
real  I V  lielonfrs. 

Mr.  Met'LlNTON.  The  amendment  provides 
that  the  soldier  may  vote  in  the  county  and 
township  of  which  he  is  a  bona  fide  voter  at 
the  time  of  the  election. 

The  amendment  ottered  by  Mr.  McClinton 
was  adopted  by  unanimous  consent. 

FOI.L  TAX. 

Mr.  RRO.'iN'AN.  I  notice  that  in  Section  8— 
or  .Section  St.  as  it  is  numbi-red  in  this  printed 
cojiy — the  language  is:  "  The  Leirislatui-e  shall 
proviile  ))y  law  for  the  j)aynu'iit  of  an  aiintial 
p"ll-ta.\.  of  not  less  than  two,  nor  exceeding 
iiuir  dcdlars.  from  each  male  pei'son  resident.'" 
etc.  1  think  it  should  read,  "  )iy  each  male 
person." 

Mr.  .^TFRTEVANT.  It  really  looks  to  me 
rather  like  crowding  the  mourners,  to  make  a 
man  who  is  sixty  years  old,  jiay  a  poll-tax.  1 
shouhl  think  there  would  be  no  objwction  to 
makini;  that  lifiv  vears,  instead  of  sixtv  vears. 

Mr.  'L(  )l'K \V0(  )D.  I  suggest  that  we  "should 
insert  the  words  "  able-bodied "  before  the 
word  ■■  male."  I  think  if  a  man  is  sick,  he 
should  not  be  recpiired  to  pay  a  poll-tax. 

Mr.  Cll.vriN.  Then  we  should  have  an  aw- 
ful set  of  sick  jjcople  in  the  country. 

^Ir.  DkLOXG.  It  would  certainly  prevent 
immigration,  on  account  of  the  great  number  of 
peopli- among  us  who  would  be  in  ill  health. 
[Laughter.] 

The  rUlv^lDKNT.  The  Chair  understood 
the  gentlemen  from  .*^torey  (Mr.  Brosman)  to 
move  a  verbal  alteration. 

Mr.  lii{(>.<.NAN.  Yes,  sir;  I  will  move  to 
Bubstiiut4'  till'  word  "by,""  for  the  word  "from,'" 
BO  as  111  read.  "  by  each  male  |)erson,""  etc. 

.Mr.  T(»Zi;U.  1  object.  "From"  is  just  as 
good  a  word  as  "  bv."' 

Mr.  DkLO.NC.  \Ve  had  lietter  leave  that 
whole  matter  to  the  Committee  on  I'hraseolo- 
P.v- 

.Mr.  Lt)CK\VOOD.  I  merely  threw  out  a 
pngge«tion  that  it  would  be  well  to  exempt  sick 
jierson«.  beeanse  J  knew  I  eiiuld  not  get  the 
amendment  in  without  unanimous  cmisent.  If 
any  member  objects,  I  will  not  olfer  an  amend- 
ment. 

Mr.  KKN.N'EDY.     I  object. 

'llie  article  ua  amended  w;u5  again  read,  as 
follows :  — 

AnTK'LE  II. 

ninllT  OK  HUFFRAflE. 

Section  1.  Kvcrj-  wljit<-  male  <iti/,<n  of  thn  Unitrd 
8toU-8  (mil  lu)»iriiig  umli-r  tlic  diHiiliiliticH  named  in 
thin  CouHtitutiou.)  of  tlie  age  of  tweutj-oiie  years  and 


upwards,  who  shall  have  actually  resided  in  the  State 
six  mouths,  and  iu  the  district  or  couuty  thirty  days 
next  pri'Ci'diug  any  election,  shall  be  entitled  to  vote 
for  all  oHicers  that  now  are  or  hereafter  may  be  elected 
by  tlie  peoijle,  and  upon  all  questions  submitted  to  the 
electors  at  such  election. 

Sec.  2.  No  i)ersou  who  has  been  or  may  be  convict- 
ed of  treason  or  felony  in  any  State  or  Territory  of  the 
United  States,  unless  restored  to  civU  rights,  and  no 
person,  who,  after  arrivini;  at  the  age  of  eighteen  years, 
shall  have  voluntarily  borne  arms  against  tlic  United 
States,  or  held  civil  or  military  olhce  under  the  so-call- 
ed Confederate  States,  or  either  of  them,  luiless  an 
amnesty  be  granted  to  such  by  the  Federal  Govern- 
ment, and  no  idiot,  or  insane  jjerson,  shall  be  entitled 
to  the  ijrivilege  of  an  elector. 

Sec.  a.  For  the  purpose  of  voting,  no  person  shall 
be  deemed  to  have  gained  or  lost  a  residence  by  reason 
of  his  presence  or  absence  while  emplnyod  in  the  ser- 
vice of  the  United  States;  nor  while  engaged  iu  the 
na\dgatiou  of  the  waters  of  the  Uuitrd  States,  or  of  the 
high  seas;  nor  while  a  student  of  any  seminary  of 
learning;  nor  while  kept  at  any  almshouse  or  other 
asyhun,  at  public  expense;  nor  whUc  confined  in  any 
jiublic  prison. 

Sec.  4.  The  right  of  siiffrage  shall  be  enjoyed  by 
all  persons  otherwise  entitled  to  the  .same,  who  may  be 
absent  from  this  State  in  the  military  or  naval  service 
of  the  United  States;  provided,  the  votes' so  cast  for  of- 
ficers shall  be  made  to  apply  to  the  county  and  town- 
ship of  which  said  voters  were  bona  fide  residents  at 
the  time  of  their  enUstment;  and  promded,  that  the 
payment  of  a  poll-tax,  or  a  registration  of  such  a  voter, 
shall  not  be  required  as  a  condition  to  the  right  of  vot- 
ing. Provision  shall  be  made  by  law,  regulating  the 
manner  of  voting,  holding  elections,  and  making  re- 
turns of  such  elections,  wherein  other  provisions  are 
not  contained  iu  this  Constitution. 

Sec.  .').  During  the  day  on  which  any  general  elec- 
tion shall  be  held  in  this  State,  no  (xualitied  elector 
shall  be  arrested  by  virtue  of  any  civil  process. 

Sec.  C.  All  elections  by  the  peoijle,  shall  be  by  bal- 
lot; and  all  elections  by  the  Legislature,  or  by  either 
branch  thereof,  shall  be  viva  voce. 

Sec.  7.  Provision  shall  be  made  by  law  for  the  reg- 
istration of  the  names  of  the  electors  within  the  coun- 
ties of  which  they  may  be  residents,  and  lor  the  ascer- 
tainment, by  proper  proofs,  of  tlic  i)ersi)us  who  shall 
be  entitled  to  the  right  of  sulfrage,  as  hereby  estab- 
lished; to  preserve  the  purity  of  elections,  ami  to  reg- 
ulate the  manner  of  holding,  and  making  returns  of 
the  same:  provided,  that  no  person  shall  have  his  name 
registered  as  an  elector  luitil  he  sliall  take  and  sub- 
scribe to  the  following  oath  or  allirmatiou,  bi'fore  an 
officer  authorized  by  law : — 

I ,  do  solenuily  swear  (or  affirm)   that  I  will 

sux)port,  protect,  and  defend  the  Constitution  and  Gov- 
ernment of  the  United  States,  and  the  Constitution  and 
Govenunent  of  the  State  of  Nevada,  against  all  ene- 
mies, whether  domestic  or  foreign,  and  that  1  will  bear 
true  faith,  allegiance  and  loyalty  to  the  same,  any  or- 
dinance, resolution  or  law  of  any  State  ('onvention  or 
Legislature  to  the  contrary  notwithstanding;  and  fur- 
ther, that  I  do  this  with  a  fuU  determination,  pledge, 
and  xuu'pose,  without  any  mental  reservation  or  eva- 
sion whatsoever,  so  help  me  Ciod. 

Sec,  8.  The  Legislature  shall  provide  bylaw  for  the 
payment  of  an  annual  poll-tax  of  not  less  than  two 
nor  exceeding  fonr  dollars,  from  each  male  person  res- 
ident in  the  State,  between  the  ages  of  twenty-one  and 
sixty  years,  (uncivilised  .■Vmericau  Indians  excepted;) 
one-half  to  be  ai)plied  for  State,  and  one-half  for  eovm- 
ty  purposes ;  and  the  Legislature  may,  in  its  discretion, 
make  such  payment  a  condition  of  the  right  of  voting. 

Sec.  ',).  All  piTsons  (jualified  by  law  to  vote  for  Rep- 
resentatives to  the  General  Assembly  of  the  Territory 
of  Nevada,  on  the  21st  day  of  March,  IHIU,  and  all 
other  piTsons  who  may  be  lawful  voters  in  said  Terri-  . 
tory  on  the  first  Wednesday  of  September  next  follow- 
ing, shall  be  entitled  to  voh-  directly  \ipon  the  question 
of  adopting  or  rejecting  this  Constitution. 

There  l»eing  no  further  amendment,  the  ques- 
tion was  taken  by  yeas  and  nays,  on  the  tiual 


9th  day.] 


COMPENSATION. 


273 


Wednesday,] 


HovEY — Dunne — DeLong— Fitch — Warwick— Pkesident. 


[July  13. 


passage  of  the  article,  and  the  vote  resulted —  i 
j^eas,  29  ;  nays,  1 — as  follows : —  I 

Yeas — Messrs.  Banks,  Beklen,  Brady,  Brosnan,  Cha-  I 
pin,    Collins,   Crawford,   Crosman,    DeLong,    Dunne, 
Earl,  Fitch,  Frizell,  Folsom,  Hawley,  Hovey,  Hudson,  i 
Kennedy,  Kiukead,  Loekwood,  Mason,  McClinton,  Par- 
ker, Sturtevant.  Tagliabue,  Tozer,  Warwick,  WetheriU, 
and  Mr.  President — 29. 

Kay — Mr.  Proctor — 1. 

So  the  article  was  passed. 

Mr.  IIOVEY.  With  the  consent  of  the  Con- 
vention, I  should  like  to  explain  my  vote.  I 
have  voted  in  the  affirmative,  but  I  still  see 
the  same  difficulty  which  the  gentleman  from 
Ormsby  (Mr.  Loekwood)  has  predicted  to  arise 
from  prescribing  this  oath  in  the  Constitution. 
AnniTiONAi,  compensation. 

Mr.  DUNNE  offered  the  following  resolu- 
tion : — 

Resolved,  That  the  officers  of  this  Convention  be 
allowed  an  additional  one  half  day's  salary  for  each 
evening  session  of  this  Convention  attended  by  them. 

Mr.  DeLONG.  I  think  they  will  have  good 
luck  to  get  one  day's  salary. 

Mr.  FITCH.  I  move  that  the  resolution  be 
laid  upon  the  table. 

Mr.  DLINNH     I  think  I  have  the  floor. 
'Mr.  FITCH.     I  withdraw  the  motion. 

Mr.  DUNNE.  I  think  that  resolution  ought 
to  pass.  If  there  was  any  reason  for  allowing 
these  officers  a  salary  in  the  first  place,  then, 
after  having  required  them  to  perform  addi- 
tional lal)ors,  the  same  reasons  must  apply  in 
favor  of  the  passage  of  this  resolution  to  "pay 
them  for  such  additional  labors.  They  should 
certainly  be  paid  for  their  labor,  and  if  we  re- 
solve that  they  shall  perform  extraordiuay 
labors,  we  should  at  least  give  them  a  chance 
of  obtaining  additional  compensation. 

Mr.  WARWICK.  I  move  to  amend  the  reso- 
lution by  inserting  after  the  word  •'  officers," 
the  words.  "  and  privates."     [Laughter.] 

The  PRESIDENT.  The  amendment  of  the 
gentleman  from  Lander  is  out  of  order. 

Mr.  WARWICK.    So  I  supposed. 

Mr.  FITCH.  I  renew  my  motion  to  lay  the 
resolution  on  the  table. 

The  question  was  taken  on  the  motion  to  lay 
the  resolution  on  the  table,  and  upon  a  divis- 
ion, it  was  not  agreed  to — ayes,  8  ;  noes,  It). 

Mr.  FITCH.  I  trust  gentlemen  will  consider 
that  the  people,  and  particularly  the  press 
of  this  Territory,  are  watching  us  with  very 
sharp  eyes,  and  any  little  matter  of  this  kind 
that  tends  to  increase  the  possible  expenses  of  a 
State  Government,  even  if  it  does  not  amount  to 
more  than  twenty-five  dollars,  will  be  met  with 
an  outcry.  It  amounts  to  but  little,  I  know, 
but  I  think  that  the  question  whether  or  not  our 
officers  will  get  any  salary  at  all  is  extremely 
problematical.  If  the  members  of  the  Conven- 
tion are  patriotic  enough  to  come  here  and  j 
work  for  nothing,  it  seems  to  me  the  officers ! 
might  afford  to  work  evenings  upon  a  full  sal- 
ary. 

Mr.  DUNNE.     As  to  the  amount  of  work,  it 
B 


makes  no  difference  whether  we  do  our  work 
up  in  a  fortnight  by  w(u-king  nights,  or  take  a 
longer  time  for  it  without  any  night  sessions. 
The  same  amount  of  labor  is  to  be  gone  tlnough 
with  in  either  case,  and  the  same  amount  of 
work  is  to  be  done  by  the  officers  of  the  Con- 
vention. 

Mr.  FITCII.  That  is  true  ;  but  if  we  create 
any  extra  exitense,  the  mlvocates  of  the  State 
Government  will  be  attacked  for  it. 

Mr.  DUNNE.  I  dislike  to  see  everything 
made  to  turn  upon  the  question  of  how  it  it  is 
going  to  affect  the  adoption  of  the  Constitu- 
tion. 

Mr.  FITCH.  Well,  that  is  just  the  point 
where   the  gentleman  and  I  differ. 

Mr.  DeLOXG.  I  do  not  think  there  is  more 
than  one  newspaper  in  the  Territory  that  is  dis- 
posed to  pick  up  such  little  matters,  and  that  is 
the  Wa.'ihoe  Herald. 

Mr.  FITCH.  The  Washoe  Herald  is  the  only 
paper  in  Storey  County  that  has  as  yet  taken 
ground  in  favor  of  a  State  Government.  I  say 
that  these  little  things  will  be  picked  up  by  our 
opponents  and  used  against  the  adoption  of 
the  Constitution.  Now,  I  entirely  agree  wit 
the  views  of  the  gentleman  from  Humboldt  (Mr. 
Dunne,)  in  regard  to  this  matter,  but  the  differ- 
ence, and  the  only  difference  between  us  is,  that 
he  is  not  disposed  to  favor  the  adoption  of  the 
Constitution,  while  I  am  decidedly  in  favor  of 
its  adoption. 

Mr.  DUNNE.  Now  I  rise  to  a  question  of  priv- 
ilege. I  call  upon  any  gentleman  of  the  Con- 
vention to  point  to  a  single  amendment  I  have 
offered  to  the  basis  which  we  have  adopted 
here,  that  can  in  any  sense  whatever  be  con- 
strued as  calculated  to  render  the  Constitution 
odious  to  the  people.  Every  amendment  I 
have  made  or  offered  in  this  Convention,  if 
examined,  I  am  satisfied  will  show  lor  ifself 
that  it  was  intended  to  render  the  Constitution 
as  little  objectionable  as  possible,  in  case  it 
should  be  adopted  by  the  people.  That  is  one 
reason  why  I  came  here.  I  feared  that  the 
Constitution  would  be  adopted,  and  I  came 
here  for  the  purpose,  if  possible,  of  preventing 
its  being  framed  in  such  a  way  as  to  be  a  great 
burden  upon  the  peopk".  If  it  is  to  be  adopted, 
I  want  it  as  little  luirdensome  as  possible. 
Now,  if  the  gentleman  will  allow  me,  jocosely, 
to  offer  an  amendment,  it  will  be  thus :  Inas^ 
much  as  he  admits  the  justice  of  the  resolution, 
and  that  those  officers  should  be  paid  for  their 
extra  labor — 

Mr.  FITCH  (interrupting.)  I  do  not  admit 
that. 

Mr.  DUNNE.  I  was  going  to  say.  that  as  he 
is  afraid  if  we  pass  this  resolution  it  will  make 
votes  against  the  Constitution,  I  would  suggest 
that  these  earnest  friends  of  the  Constitution, 
themselves,  pay  the  officers  for  their  extra 
services. 

Mr.  WARWICK.  That  would  be  a  rather 
serious  joke.  I  should  sav. 

The  PRESIDENT.     If  the  gentleman  ofiTers 


2T4 


LEGISLATIVE  DEPARTMENT. 


[9th  day. 


Wednesday,]    Stibtevast—Bkosnan— Crawford— Fitch— Dixne—DeLoxg — Banks.    [July  13. 


that  as  an  anu'iuhnciit,  the  CLair  niles  it  out  of 
ordiT.     [LaiiL'littT.] 

Mr.  STlHiKVANT.  I  am  in  favor  of  this 
resuliniun.  aiul  I  lliiiik  tlic  oliicction  to  it  of  tlu' 
gi-iitlcinau  rroiii  Stori-y  i^  mvvv  humhiij:.  What- 
ever wi'  roconHneiul  the  Li'jjishiture  to  api)ro- 
])riat«'  fur  the  jiay  of  our  officers,  will  uiuloubt- 
edlv  he  ai))troi)riat(Hl,  whether  the  t'onstitutioii 
shall  be  adtipted  or  not.  That  will  make  no 
iOrt  of  (litterenoe.  Let  the  jteople  vote  "  Con- 
Btltiitioii— Yes,"  or  •■  Constitution — No";  the 
attaches  will  pel  their  pay  all  the  same.  Now, 
I  do  not  like  to  compel  men  to  labor  without 
j»a\  injr  them  for  it.  but  there  is  one  other  thing 
which  I  do  not  like,  and  that  is  the  enormous 
amount  of  these  extra  bills.  1  had  tlie  pleasure, 
last  winter,  of  examinin<i  bills  to  the  amount 
of  some  twent\-sev<'n  thousand  dollars,  consist- 
ing of  charges  made  against  the  other  Conven- 
tion, all  ot  which  were  passed  n]>on. 

Mr.  BIJOSNAN.  Twenty-seven  thousand? 
You  mean  twenty-seven  hundred  dollars,  do 
vuu  not '.' 

Mr.  .^Tl'RTEVANT.  No.  sir ;  twenty-seven 
thousand  dollars,  and  a  little  over. 

Mr.  CiJAWFOJJI).  I  hope  this  resolution 
will  pa.es.  1  see  no  reason  why  we  should  em- 
ploy men  here  without  paying  them.  If  gen- 
tlemen are  willing  to  spend  their  own  nights 
here  gratuitously,  veiy  well  ;  but  that  is  no 
reason  wiiy  we  should  not  rendi-r  to  Ca'sar  the 
things  which  are  Ca'sar's — no  reason  why  we 
should  not  secure  a  fair  payment  for  the  st;rvi- 
ces  of  thos«'  gentlemen  who  are  employed  by 
us.  If  gentlemen  here  from  the  mining  dis- 
trict,* sliould  secure  the  services  of  miners 
to  work  in  their  mines  during  the  night  time, 
they  would  lind  it  a  very  poor  plea  inck-ed.that 
because  they  themselves  worked  voluntarily 
during  the  night,  therefore  they  should  not  pay 
their  employees  for  their  services. 

Mr.  FlTt'll.  Did  tiie  gentleman  ever  know 
a  legislative  body  that  jiaid  its  clerks  and  ein- 
])lMyees  extra  pay  beymid  the  regular  salaries. 
tor  night  .sessions?  i  do  not  know  of  such  an 
instance,  and  1  know  the  Legislature  of  Cali- 
fornia never  di<l  it. 

Mr.  CK.VWl'OIII).  Have  they  never  given 
thf'ir  clerk^'  and  eiii|)l<i\ee-i  extra  jiay? 

Mr.  FITCII.     Never' Ibr  working"at  night. 

jThe  (piestion  was  taken  ujion  the  adoption 
of  the  resohition.  and  upon  a  division,  it  was 
adopted     ayes,  1!);  noes,  ,'). 

Mr.  FITCH.  I  change  my  vote  from  no  to 
aye,  and  give  notice  of  a  motion  to  reconsider. 

TlIK   KKSOl.lTIOX   TO    AIUOfHX   WITIIOfT   PAY. 

Mr.  DINNK.  I  move  that  the  res(dution 
relating  to  the  adjournment  of  this  Ctmvention 
»i/i<- </>■<,  (iHered  on  the  sixiii  instant,  l»e  taken 
from  the  tiible  and  made  the  special  ordi'r  for 
J^aturday  next,  nt  half-past  seven  o'clock,  1'.  M. 

Mr.  liKLONC.  I  call  for  the  reading  of  the 
■resolution. 

Th(!  .<I:CULTARY  read  the  preamble  and 
resolution. 


Mr.  BROSNAN.  I  move  that  the  motion  of 
the  gentleman  from  Humboldt  be  laid  on  the 
tal)le. 

Mr.  DUNNE.    I  call  for  the  yeas  and  nays. 

Mr.  BANKS.  1  rise  to  a  point  of  order.  The 
motion  is  to  take  a  subject  from  the  table,  and 
a  motion  cannot  be  made  to  lay  that  motion  on 
the  table. 

The  PR  EVIDENT,  after  .some  discussion,  over- 
ruled the  point  of  order,  and  stated  the  ques- 
tion on  Mr.  Rrosnan's  motion  to  lay  Mr.  Dunne's 
motion  on  the  table. 

Mr.  BANKS.    I  do  not  make  any  appeal. 

Mr.  DUNNE.  I  would  like  to  have  the  yeas 
and  nays. 

Messrs.  IIOVEY  and  TOZER  seconded  the 
call  for  the  yeas  and  nays. 

The  (juestion  was  taken  by  yeas  and  nays, 
and  the  vote  resulted — yeas,  21  ;  nays,  7— as 
follows  : — 

yean — MesBr.s.  Banks,  Bridon,  Bracly,  Brosnan,  Cha- 
pin,  Collins,  Crawfcinl,  Cnisman,  Earl,  Frizell,  Folsom, 
Hovi-y,  Hndsuu,  Kcnncdv,  LockwDdd,  Masuu,  Parker, 
Proctor,  Tagliabne,  Tozir.  and  Wctlierill— 21. 

A'ai/s — Messrs.  DeLong,  Dimne,  Fitch,  Kiukead,  Stur- 
tevaut,  Warwick,  and  Mr.  President — 7. 

So  the  motion  was  laid  on  the  table. 

LEGI.SI,ATIVE   OEPARTMEXT. 

On  motion  of  Mr.  TOZER.  the  Convention 
resolved  itself  into  Committee  of  the  Whole, 
(the  President  remaining  in  the  Chair,)  for  the 
further  consideration  of  Article  IV,  entitled 
Legislative  Department,  which  had  been  re- 
committed to  the  Committee  of  the  Whole,  with 
special  instructions. 

IX    C0.\1MITTEE    OF    THE    'V^IIOI.E. 

Jlr.  BANKS.    I  ask  for  the  reading  of  the 

instrtictions  of  the  Convention. 

The  SECRETARY.  The  article  was  recom- 
mitted to  the  Committee  of  the  Whole,  with 
instructions  to  amend  Section  :?,  by  striking 
out  the  words  "  Tuesday  next  after  the  first 
Monday  in  November,"  and  inserting  instead, 
the  words  "  first  Wednesday  in  September ; " 
also,  by  adding  the  words  "  except  as  hereinaf- 
ter provided  ; "  so  that  the  section  would  read — 

Skc.  3.  The  mcmlipre  of  the  Assembly  shall  bo 
chosen  biennially  by  the  qnalitied  electors  of  their 
rf8i)ective  districts,  on  the  first  Wednesday  in  Septem- 
ber, and  their  term  of  otlice  shall  be  two  years  from 
the  day  next  after  their  election,  except  as  hereinafter 
l>rovided. 

Mr.  DUNNE.  I  move  that  the  Secretary 
make  the  amendments,  in  conformity  with  the 
instructions  of  the  Convention. 

Mr.  STl'RTEVAXT.  1  understand  that  the 
Committee  is  acting  under  special  instructions, 
but  I  wish  to  call  attention  to  the  time  tixed 
for  the  election  in  this  section.  I  think  we 
ought  to  fix  our  election  on  the  same  day  as  the 
election  in  California,  in  order  to  prevent  "  colo- 
nizing "  or  "  strikes,"  from  there  here,  or  vice 
versa. 

Mr.  DUNNE.  We  can  bring  that  matter  up 
in  the  Convention,  if  we  please,  but  not  here. 


9tli  day.] 


LEGISLATIVE  DEPARTMENT. 


275 


Wednesday,]    Sturtevant—DeLong—Cuosman—Hovey—Bamks— Warwick— Dunne.    [July  13. 


Mr.  STURTEVANT.  Then  what  was  the 
use  of  referring  it  to  the  Committee  of  the 
Whole? 

The  question  was  talien  on  the  motion  of  Mr. 
Dunne,  to  instruct  the  Secretary  to  malie  the 
amendments,  and  it  was  agreed  to. 

Mr.  KENNEDY.  I  would  inquire  if  that  sec- 
tion covers  the  first  election  ? 

The  PRESIDENT.  I  understood  that  it  was 
expected  to  be  necessary  to  frame  another 
section  to  cover  the  year  of  the  Presidential 
election,  and  that  that  was  the  reason  for  incor- 
porating the  words,  "  except  as  hereinafter  pro- 
vided.'' 

Mr.  FITCH.  I  move  that  the  Committee 
rise,  and  report  the  article  back  to  the  Conven- 
tion, with  the  amendments. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

IN   CONVENTION. 

The  SECRETARY  reported  that  the  Com- 
mittee of  the  Whole  had  had  under  considera- 
tion article  IV,  entitled  Legislative  Depart- 
ment, and  had  amended  the  same  in  accord- 
ance with  the  instructions  of  the  Convention. 

Mr.  DeLONG.  Under  the  rules,  the  article 
now  goes,  I  believe,  to  the  general  file,  unless 
by  a  suspension  of  the  rules  we  take  it  up,  and 
pass  it  now.  I  would  have  no  objection  to  the 
further  consideration  of  the  article  at  this  time, 
but  I  have  an  objection  to  passing  it  as  it 
stands,  and  I  want  an  opportunity  to  refer  it  to 
the  Committee  of  the  AVhole,  with  other  special 
instructions.  We  now  have  it  in  our  posses- 
sion, but  under  the  rules  it  must  go  to  the  gen- 
eral file.  I  do  not  wish  to  take  advantage  of 
that  circumstance,  in  order  to  make  the  motion 
which  I  wish  to  make,  and  I  dislike  to  object 
to  suspending  the  rules  ;  but  if  the  Convention 
will  be  generous  enough  to  allow  the  motion 
to  be  made  now,  to  recommit  with  other  instruc- 
tions, I  will  make  the  motion  to  suspend  the 
rules.  I  move  that  the  rules  be  suspended  in 
order  to  consider  the  article  at  this  time. 

The  question  was  taken  on  the  motion  to  sus- 
pend the  rules,  and  it  was  agreed  to. 

Mr.  CROSMAN.  I  do  not  know  that  I  un- 
derstand the  position  the  matter  has  assumed, 
but  I,  for  one,  am  opposed  to  the  section  as  it 
has  been  amended. 

The  PRESIDENT.  The  question  is  first  on 
the  adoption  of  the  amendments  made  in  Com- 
mittee of  the  Whole. 

Mr.  HOVEY.  I  am  entirely  unable  to  see 
what  benefit  will  arise  from  the  change.  Why 
should  we  be  an  exception  to  the  rule  of  our 
neighbors,  and  to  the  rule  of  almost  every 
State  ?  For  nearly  all  the  States  are  changing 
their  time  of  election  to  November,  the  day 
■which  was  mentioned  in  the  original  section, 
so  as  to  conform  to  the  day  ot  the  Presidential 
election.  I  am,  for  my  p.art,  opposed  to  this 
change,  and  I  shall  vote  against  the  adoption 
of  the  amendments. 

The  PRESIDENT.    Upon  further  reflection 


the  Chair  is  inclined  to  the  opinion  that  the  only 
mode  of  reaching  this  question  is,  l)y  a  recon- 
sideration of  the  vote  which  was  had  yesterday, 
instructing  the  Committee  of  the  Whole  to 
make  this  change.  Those  instructions  required 
the  committee  to  make  these  amendnuMits,  and 
the  committee  has  merely  comi)licd  with  the 
instructions  of  the  Convention.  The  only  way 
to  reach  the  matter,  therefore,  is  to  reconsider 
the  vote  instructing  the  Committee  of  the  Whole. 

Mr.  DeLONG.  I  think  the  Chair  is  in  error. 
It  seems  to  me  that  the  question,  after  the 
amendment  comes  back  from  the  committee,  is 
on  the  adoption  of  the  section  as  anu'rided.  It 
is  true  that  the  Committee  of  the  Whole  have 
merely  a  clerical  duty  to  perform— to  make  the 
amendments  as  they  were  instructed  to  do— 
but  when  the  report  comes  back,  it  is  subject 
to  further  amendment.  It  may  be  again  refer- 
red, with  other  instructions,  or  it  may  even  be 
defeated,  at  the  will  of  the  Convention. 

The  PRESIDENT.  The  Chair  is  inclined  to 
adhere  to  the  opinion  that  the  matter  can  only 
be  reached  by  a  reconsideration. 

Mr.  BANKS.  As  a  matter  of  parliamentary 
practice,  I  perfectly  agree  with  the  Chair,  and 
I  make  the  motion,  in  accordance  with  his  sug- 
gestion, that  the  vote  by  which  the  committee 
were  instructed  to  make  this  amendment,  chang- 
ing the  time  of  election,  be  reconsidered. 

Mr.  WARWICK.  I  desire  to  call  the  atten- 
tion of  the  Chair  to  a  single  point,  and  that  is, 
the  question  whether  we  are  to  regard  the  ac- 
tion of  the  committee,  under  the  instructions, 
as  a  finality,  or  not.  If  we  are,  there  is  no  ne- 
cessity for  a  reconsideration. 

Some  further  discussion  took  place  upon  the 
question  of  order  involved  in  the  ruling  of  the 
Chair. 

The  PRESIDENT.  There  is  no  question  of 
order  pending,  an  appeal  not  having  been 
taken  ;  and  the  only  question  now  before  the 
Convention,  is  upon  the  motion  to  reconsider, 
made  by  the  gentleman  from  Humboldt. 

The  question  was  taken  on  the  motion  of  Mr. 
Banks,  and  it  was  agreed  to. 

The  PRESIDENT.  The  question  now  recurs 
upon  the  motion  to  recommit  the  article  to  the 
Committee  of  the  AVhole,  with  instructions  to 
amend  Section  3. 

Mr.  DeLONG.  I  ask  leave  to  add  to  that, 
motion  other  instructions ;  which  additional; 
instructions  are,  to  strike  out  Section  32. 

Mr.  DUNNE.  I  will  ask  leave  to  amend  my 
motion  to  recommit,  so  as  to  refer  the  article 
to  a  select  committee  of  three,  to  be  appoiutedi 
by  the  Chair. 

No  o1)jection  being  made,  Mr.  Dunne  had 
leave  to  modify  his  motion,  according  to  his 
request. 

SOLE  TKADEK.S. 

Mr.  DeLONG.  Now  I  move  to  add  other  spe- 
cial instructions,  namely  :  to  give  to  that  com- 
mittee of  three,  instructions  to  strike  out  Sec- 
tion 32  of  this  article.     I  wish  to  say  only  a 


276 


LEGISLATIVE  DEPARTMENT. 


[9th  day. 


Wednesday,] 


Banks— DeLong — President — Crosman. 


[July  13. 


word  on  this  subject.  I  wiis  in  tlie  cluxir  whon  1  much  abused.  And  if  the  law  is  abused  in 
tint  section  was  amended,  in  Committee  of  the  California,  we  can  leenaot  the  statute  of  that 
AVli.de  and  I  keenlv  felt  the  imi>ortance  of  the  State  on  the  sul).ieit,  and  improve  ujton  it,  by 
lived.  1  wish  now  merely  to  ex-  niakinp;  such  provisions  as  will  cut  off,  entirely, 
and  to  n-cord  my  vote  n}>on   all  those  frauds,      (jentlemen  have  spoken   of 


>iiibjeel  niv 
jiress   mv  view 


that  <ul)ject.  before  we  take  tinal  action  on  this    the  abuses  which  were  experienced  in  C  aliior- 
•irticle     Section  .il  reads  a.s  follows  :—  '  nia,  three  or  four  years  ago  ;  but  at  that  time 

'  Sec  3-'     X..  law  shall  bo  passed,  authorizmg  married '  they  had  a  different  law  from  the  present  one. 
ivomeu  to  carry  ou  busiuess  as  sole  traders.  j  Now  they  have  so  far  improved  upon  the  old 

I  hive  listene.l  to  the  ar-ninients  which  have  hiw.  that  thev  have  <rnt  a  system  which  satisfies 
been  advanced  here  airainst  striking  out  that  'M.  I  appeal  to  gentlemen,  while  we  are  en- 
^•ction  and  I  have  heard  the  same  arguments  gaged  in  framing  our  fundamental  law,  and  in- 
ured in"  the  California  Legislature,  against  laws  corporatmg  into  it  in-ovisions  which  are  to 
of  that  character.  I  am  prei.ared  to  admit  that  |  •sl^";!  for  all  tune  ;  do  no  .  for  God  s  sake,  di- 
1  have  soen  abuses  practiced  under  the  sole- ;  r^ctly  cripple  and  tie  the  hands  of  the  Legisla- 
tnder  ivw  in  a  great  nianv  cases,  and  who  has  ture.  so  that,  no  matter  how  crying  the  aggra- 
not  seen  almost  everv  law,  human  and  divine,  |  vation  may  be,  no  matter  how  great  the  neccs- 
abused"  But  shall  we  sav  that  anv  law  is  notUity  which  may  present  itself,  the  Legislature 
air"o.l  law  merelv  because  it  has' been  abns- !  cannot  act  in  tins  matter  to  protect  those  poor 
t-d  •  1  think  not  "  I  know  that  under  such  a  and  powerless  human  beings  who  appeal  to  us 
liw  Inwbands  have  taken  their  property  and  j  iu  the  strongest  manner  in  which  one  human 
idaced  it  in  the  hands  of  their  wives,  aiid  bv  i  heart  can  appeal  to  another,  for  redress,  or  for 
me ms  of  i)eriurv  have  carried  on  Jinsiness  [  relief.  My  amendment  is,  to  strike  out  this 
with  it.  in  defiance  of  the  just  claims  (d"  their  j  blot  upon  the  honor  of  our  State,  for  it  wiU  be 

creditoi-s.  and  I  know  that  under  such  a  law,         ' "" 

business  has  been  carried  on  ostensibly  by  wo- 
men, which  was  totally  unsuited  to  the  ciiarac- 
ler  of  females.  But  "while  I  have  seen  these 
tbinirs.  in  my  private  capacity  as  a  citizen,  and 
in  mv  business  as  a  lawver.  yet  I  have  also  seen 


1  grievous  stain  upon  the  Constitution,   if  it 
shall  be  adopted. 

Mr.  BANKS.  What  is  the  order,  I  ask,  in 
which  these  questions  arc  to  be  taken?  I  un- 
derstand that  the  first  motion  is,  to  recommit 
the  article  to  a  special  committee,  with  certain 

hiiniYreds  of   instances."  wh"ere   the    profligate  |  special  instructions,  and  now  a  motion  is  made 

busl)and  not  only  refused  to  pay  anything  for 

the  support  of  his  family,  but  even  wrung  from 

thf   wile  and   motiier  her  hard  earnings,  and 

]n-u<iituted  them  to  the  gratitication  of  his  own 

base  ajipi'tite.  leaving  her  and  her  children  to 

sutftT  and  starve.     I  have  even  seen  the  whis- 

k<'V-seller  bring  suit  to  recover  the  wife's  wa- 

gi-"<.  ami  take  the  fruits   of  her  toil,  to   pay  the 


to  amend  those  instructions.  It  seems  to  me, 
therelbre,  that  we  have  under  consideration, 
two  distinct  propositions. 

Mr.  DeLONG.     Oh.  no  sir ;   an  amendment 
to  the  instructions  is  in  order. 

The  rilESIDENT.     It  is  an  amendment  to 
the  motion  to  recommit. 

Mr.  r.AXKS.    I  understand  that  several  other 
'delits  which  her  dissolute  husband  had  incurred   gentlemen  desire  to  offer  amendments, 
for  liad  licpior.  in  his  vile  hell.      1  have  seen  j      The  PltESlDENT.     The  vote  will  be  in  this 
these  things  until  it  has  made  my  lilood  almost   order,  if  there  are  no  further  amendments:— 
curdle,  and  my  soul  rebid  agaiiist  the  thought}  first,  upon  the  amendment  offered  by  the  gen- 
of  this  sort  of  thing  being  tiderated— against :  tlcman  from  Storey,  (Mr.  DeLong,)  and  then 
any  law  which   will  allow  such  things  to  be   upon  the  motion  to  recommit. 
done.     I  say.  it  is  true  that  the  system  of  sole- j      Mr.  DkLOXG.     My  motion  is  in  the  shape  of 
traders  may  have  bi'en  abused."  but  where  it  j  an  amendment,  or  additional  instructions, 
has  been  abused  in  one  case.  thiM-e  are  hundreds]      The  I'llESIDENT.      If    it   is   offered   in  the 
of  otlier  cases,  in  which  it  has  proved  the  sal-!  shape  of  additional  instructions,  it  is  not  in  or- 
vation  of  the  wife  and  mother,  struggling  to   der,  and  nothing  is  before  the  Convention  but 
Have  herself  and  her  children  from  want  and    the  original  motion  to  recommit,  because  you 
infamy,  by  her  labor.      For  God"s  sake,  let  us'  cannot  have  two  ]iro]iositions  under  considera- 
ex lend  so  nuirh   charity  to  those  ])oor  women    tion  at  once.     If  tlie  gentleman  oilers  it  as  an 
who  may  bi-  struggling  in  the  same  way,  in  our   amendment,  it  is  in  order,  but  if  he  oilers  it  as 
Territory  I     I  a>ik  it  on  bi-luilf  of  justice  ;  I  ask  [  a  distinct  ])roposition,  it  is  not  in  order. 
it  on   liehalf  of  weak   and  defenceless  women  i      Mr.  i)i;LGNG.      I  offer  it  as  an  additional 
and  children  :  I  ask  it  on  ludialf  of  those  who.   anuMidment. 

though  sonu'times  called  upon  to  bear  an  equal  The  I'RESinEXT.  Then  the  Chair  decides 
t<hare  of  the  burdens  in  the  support  of  the  gov- 1  that  it  is  not  in  order ;  we  cannot  have  two  dis- 
frnmcnt.  an-,  nevertheless,  n-lused  a  complete  tinct  projiositions  before  the  Convention  at  the 
recognition  by  law  as  individuals.  same  time. 

1  say  I  ask  it  on  behalf  of  justice.  Under  j  Mr.  CltOSMAN.  I  think  if  we  were  to  con- 
that  conclitntional  provision,  so  long  abused  in  |  sider  it  as  an  amendment,  we  might  get  into  a 
California,  tlicy  have  succeed<'d.  at  last,  in  pass- 1  muddle.  I  want  to  vote  against  the  amend- 
ing the  scde-trader  statute,  which  to-day  exists  nu'iit  jnoposed  by  the  gentleman  from  Hum- 
in  that  Stale,  and  which  la  not  liable  to  bo  so ,  boldt,  and  in  favor  of  that  ollered  by  the  gen- 
tleman from  Storey. 


9th  day.] 


LEGISLATIVE  DEPARTMENT. 


277 


Wednesday,]        Banks— Pkesident^DeLong—Sturtevant—Chapin— Warwick.  [July  13. 


Further  discussion  occurred  upon  the  ques- 
tion of  order. 

Mr.  BANKS.  I  move  that  the  instructions 
proposed  by  my  colleague  from  Humboldt  be 
amended  by  adding  to  them  the  instructions 
proposed  by  the  gentleman  from  Storey. 

The  PRESIDENT.  Does  the  gentleman 
make  that  as  his  own  motion  ? 

Mr.  BANKS.  I  will  move  it,  if  the  gentle- 
man from  Storey  will  accept  it. 

Mr.  DeLONCi.  Under  the  ruling  of  the 
Chair,  I  will  accept  it,  but  I  desire  to  have  an 
understanding  with  the  Convention  that  my 
motion  is  not  to  be  put  in  such  a  way  that  the 
amendment  of  the  gentleman  from  Humboldt 
(Mr.  Dunne)  will  defeat  my  amendment.  All  I 
want  is  to  have  a  fair  expression  on  the  amend- 
ment which  I  have  offered. 

Mr.  STURTEVANT.  There  are  several 
amendments  which  gentlemen  wish  to  oflTer, 
and  I  desire  to  ask  if  a  motion  to  recommit  thi' 
article  to  the  Committee  of  the  Whole,  would 
be  in  order? 

The  PRESIDENT.  A  motion  is  not  in  order 
to  recommit,  except  with  special  instructions, 
but  the  Chair  will  state  to  the  gentleman  from 
Washoe  that  there  is  no  difficulty  in  reaching 
any  amendment.  For  instance,  the  amend- 
ment proposed  by  the  gentleman  from  Storey 
(Mr.  DeLong)  may  be  adopted,  or  rejected  ; 
then  a  further  amendment  would  be  in  order, 
and  so  on  through  the  whole  series,  so  that  a 
test  vote  can  be  had  on  each  amendment. 

Mr.  BANKS.  That  places  the  matter  in  a 
clear  light.  Now,  I  do  most  seriously  hope 
that  gentlemen  who  left  California  two,  three, 
or  four  years  ago,  will  not  take  it  for  granted 
that  the  law  concerning  matters  of  this  kind, 
regulating  the  carrying  on  of  business  by  wo- 
men in  their  own  names,  which  was  then  in 
force,  is  the  same  law  which  now  exists  in 
that  State.  I  have  frequently  seen  frauds  com- 
mitted in  that  State  under  that  law,  and  they 
became  so  common  as  to  lead  men  at  last  to 
favor  the  entire  wiping  out  of  that  statute,  on 
account  of  its  unjust  operation  in  so  many  in- 
stances. I  have  found  that  men  sometimes  act 
unphilosophically  and  are  apt  to  judge  hastily. 
But  I  do  not  remember  that  any  attempts  at 
repeal  have  been  made  at  recent  sessions  of  the 
Legislature  of  that  State,  or  that  at  any  time, 
after  discussion,  any  considerable  number  of 
members  of  that  Legislature  have  been  in  favor 
of  the  absolute  repeal  of  the  law,  although  all 
concurred  in  the  opinion  that  it  should  be 
amended  ;  and  now  they  have  a  law  enacted 
there  which  seems  to  be  perfectly  satisfsxctory. 
I  hope  that  we  shall  leave  our  Legislature  to 
pursue  the  same  course  which  has  been  adopted 
in  that  State,  and  then  they  can  secure  what- 
ever of  advantage  is  derivable  from  the  legis- 
lative enactments  of  California  upon  this  sub- 
ject, and  perhaps  avoid  such  faults  as  experi- 
ence may  point  out. 

Mr.  CHAPIN.  I  hope  this  Section  82  will  be 
stricken  out  of  our  Constitution,  and  therefore 


T  am  in  favor  of  referring  it  to  the  committee, 
with  instructions  to  strike  it  out.  I  Ix'g  (o  call 
the  attention  of  gentlemen  to  this  fact,  that 
while  we  advocate  this  amendment,  we  an;  not 
asking  for  a  section  which  shall  compel  the 
Legislature  to  pass  a  law  authorizing  women  to 
become  sole  traders,  l)ut  we  merely  ask  that 
this  prohibition  may  be  stricken  out,  so  that  it 
may  be  possible  for  the  Lcgislaturt;  to  jjass 
such  a  law,  if  in  their  wisdom  they  shall  think 
it  is  best.  Now,  are  gentlemen  unwilling  to 
leave  this  matter  to  the  Legislature,  for  the 
experience  and  wisdom  which  is  to  be  found 
hereafter  in  our  State,  to  decide?  I  am  sur- 
prised that  gentlemen  should  object  to  such  a 
proposition  as  that.  For  myself,  1  am  decidedly 
in  favor  of  the  adoption  of  such  a  provision  of 
law  by  the  Legislature.  My  colleague  (Mr.  De- 
Long)  says,  in  the  name  of  justice  he  demands 
it ;  and  I  would  go  further  than  that  and  say, 
in  the  name  of  humanity  I  ask  that  such  a  pro- 
vision shall  be  made  by  our  Legislature.  It 
would  prevent  a  great  number  of  divorces,  and 
attempts  to  obtain  divorces  from  miserable 
husbands,  who  are  only  a  nuisance  in  the  family 
relation.  There  are  noble,  struggling  wives, 
who  are  willing  to  maintain  such  worthless 
husbands,  if  they  can  only  themselves  have  the 
control  of  affairs,  in  such  a  manner  that  their 
husbands  cannot  get  hold  of  and  spend  all  their 
earnings  in  the  manner  which  has  been  pointed 
out  by  my  colleague.  They  are  willing  to  bear 
the  burden  of  worthless  husbands,  and  struggle 
on  in  that  way,  if  they  can  only  have  the  privi- 
lege which  should  justly  belong  to  them,  of 
protecting  their  own  property,  in  their  own 
right. 

Mr.  WARWICK.  As  the  gentleman  from 
Storey  (Mr.  Chapin)  has  said,  I  too  am  in  favor 
01  striking  out  this  prohibition  from  the  Organic 
Act.  I  find  a  very  general  complaint,  and  with 
some  considerable  ground  of  justice.  I  believe, 
in  the  journals  of  the  day,  that  there  is  an  ap- 
parent design  on  the  part  of  this  Convention  to 
supersede  all  further  legislative  action.  Now, 
sir.  the  object  of  an  organic  law  is  simple  and 
plain.  It  is  not  required  in  its  provisions  to 
supply  every  possible  want  that  may  arise  in 
the  future,  but  only  to  lay  down  simple  and 
plain  rules  for  the  "guidance  and  direction  of 
future  legislators,  so  that  they  may  know  ex- 
actly where  to  act,  and  where  not  to  transgress. 
The'  subject  under  consideration  is  clearly  not 
a  proper  one  to  be  incorjioiMted  into  an  organic 
act,  but  it  is  directly  and  properly  a  subject  of 
legislation,  and  therefore  should  have  no  place 
in  the  Constitution  of  the  State.  Neither  do  I 
consider  this  the  proper  place  to  advance  argu- 
ments for  or  against  the  policy  of  such  an  en- 
actment. If  it""  were  an  act  that  might  with 
propriety  be  passed  by  this  body,  then  I  would 
say  that'l  am  in  favor  of  the  ])rovision  allowing 
women  to  occupy  th(;  position  of  sole  tradera. 
Such  a  law,  notwithstanding  the  hardships 
that  some  may  encounter,  notwithstanding  the 
swindling   that  some    may   have    perpetrated 


278 


LEGISLATIVE  DEPARTMENT. 


[9th  day. 


Wednesday,] 


Bbosxax — DrxxE — Joiixsox. 


[July  13 


nndor  its  cloak— I  think  oii;jrlit  to  he  placoil 
upon  our  statiito-ljook.  l)ocauso  tlu-fjc  evils  are 
by  no  mean:*  cuiiimensurate  with  tlie  benefiLs 
thereliy  emiferivd  on  tliat  elass  til'  the  cununii- 
nity  whieh  has  no  means  of  seH'-i)n)teetion,  ex- 
cept the  very  law  which  is  inhibited  by  the 
oection  we  are  now  jj^posinp  to  strike  from 
the  uriranic  aet  of  the  State  of  Nevada.  I  have 
no  ile>ire  to  trench  upon  the  time  of  the  Con- 
vention, but  1  sincerely  hope  that  this  section 
may  be  stricken  out,  and  the  subject  left  for 
future  lefcislative  action, 

Mr.  BUOSNWN,  It  affords  me  a  frrcat  deal 
of  pleasure  to  agree  with  the  p;i'ntlemen  who 
have  preceded  me.  in  their  views,  in  rejiard 
to  this  subject,  I  do  not  }>ro])ose  to  discuss 
the  (piestion  now,  for  I  have  heretofore  said  all 
I  desired  to  say  in  reirard  to  it,  Itut  1  am  very 
much  struck  with  the  remarkable  inconsist- 
ency of  the  argunu^nts  which  have  l)een  pre- 
penled  by  siune  pentlemen.  In  si)eaking:  u])on 
other  subjects  )iro]terly  Vtelonging  to  the  sphere 
of  legislation  just  as  much  as  this  does,  they 
were  extremely  streinious  that  in  such  matters 
the  Legislature  should  not  be  left  free  to  act 
upon  its  own  judgnu'iit  and  discretion,  and  yet 
they  now  comi)laiu  that  we  are  inserting  here 
in  this  section  a  subject-matter  which  would  be 
more  appropriate  to  the  halls  of  legislation,  I 
would  like  to  have  gentlemen  consistent  in 
their  votes  upon  these  various  sulijects,  and 
ehould  accord  more  sinceritj'  to  their  argu- 
mentH  if  thev  had  alwavs  been  so. 

Messrs,  BANK.<,  FITCH,  and  WARAVICK 
called  for  the  yeas  and  nays  on  the  adoption  of 
the  amendment  proposed  by  Mr.  DeLong, 

The  (piestion  was  taken  l)y  yeas  and  nays, 
and  the  vote  resulted — yeas,  24  ;  nays,  (i — as 
follows : — 

»aji— Messrs.  Banks,  Bcldon,  Brady,  Chapin,  Col- 
llns.  Crawford,  CroHiiian,  DeLoiiK,  Dunno,  Earl,  Fitch, 
FiilfMiiu.  FrizcU,  HawU-y,  Hudson,  Kinkead,  I.ockwood, 
Mci'Iinton,  Parker,  Proctor,  .Sturtevant,  Xagliabue, 
To7.<T,  anrl  Warwii-k — 24. 

\ni/»  —  MetiKru.  Urosnan,  Hovcy,  Kinkead,  Mason, 
Wetbirill,  and  Mr.  Presideut — C. 

So  the  amendment  was  adopted. 

The  (|nestion  was  stated  on  the  motion  of 
Mr.  Dunne,  to  refer  tlie  article,  willi  instruc- 
tions, as  amended. 

OIlXTY    ALDITORS. 

Mr.  ItrXNE.  I  move,  as  a  further  instruc- 
tion, to  amend  i^ectifui  '.i'.],  by  striking  out 
after  the  words,  •■  County  !{ecorder,"  fiie  words, 
"  who  shall  be  ps  nffirio  County  Autlitors,"  and 
inseiting  the  same  words  after  the  words, 
"County  Clerks,"  so  as  to  read  - 

"The  I-cKisIattiro  sliall  provide  for  the  eleetion  by 
the  people,  of  a  rierk  of  tli<!  Supreme  Court,  County 
♦  'leriiH,  who  Khali  he  rrnffirlo  County  Auditors,  County 
ItiioorderH,  Di«lrlct  Attorneyg,"  etc. 

I  lielieve  that  the  reason  why  this  section 
rends  :is  it  now  stands  is,  that  it  is  copied  fr<,m 
the  California  l;i\v.  but  the  olhee  of  Coiinly  Re- 
corder in  (,'alifi>rnia  is  a  very  dilferetit  one  from 
what  it  in  here.     They  have  very  little  bu.siness  , 


there  for  a  County  Recorder  to  do,  and  that 
business  regards  jjrincipally  the  conveyance  of 
ranches,  etc. ;  but  in  this  Territory  the  County 
Recorder  has  an  immense  amount  of  business. 
All  the  conveyances  of  mining  ground  are  re- 
corded in  his  office  and  he  often  has  all  he  can 
possibly  do  to  attend  to  that  matter.  Then  he 
is  every  day  receiving  requsitions  for  abstracts 
of  title,  which  involve  a  great  deal  of  laljor. 
His  office  is  therefore  one  of  the  most  impor- 
tant offices  in  a  county,  and  one  which  requires 
the  greatest  amount  of  labor.  Now,  the  County 
Clerk,  it  strikes  me,  is  the  proper  ])erson  for 
that  position  ;  at  least  that  is  the  opinion  in  our 
county.  He  is  more  in  communication  with 
the  Board  of  .Supervisors,  generally  being  the 
clerk  of  that  Board,  and  it  strikes  me  it  would 
be  better,  at  least  in  all  the  counties  except 
Storey,  ]ierhaps,  that  the  County  Clerk  should 
be  ex  officio  County  Auditor.  If  objection  be 
made  to  having  that  rule  established  in  Storey 
County,  it  can  be  provided,  perluips,  in  the 
Schedule,  or  Miscellaneous  Provisions,  that  an 
exception  shall  be  made  in  respect  to  that 
county,  leaving  the  Count}^  Recorder  to  occui)y 
the  position  there,  if  deemed  necessary. 

[Mr.  DeLoxg  in  the  Chair.] 

Mr.  JOHNSON.  I  regret  to  be  compelled  to 
disagree  with  the  gentleman  from  Humboldt 
(Mr.  Dunne,)  but  I  do  not  think  that  he  has 
considered  the  effect  that  this  arrangement 
would  have,  in  respect  to  some  of  the  altera- 
tions proposed  to  be  made  in  an  important 
feature  of  this  Con.stitution,  Gentlemen  are 
aware  that  we  propose  to  establish  a  judicial 
system,  which  will  1)0  somewhat  peculiar.  Un- 
der this  system,  radical  changes  must  necessa- 
rily be  made  in  respect  to  the  judicial  districts. 
The  County  Clerk  is,  under  existing  laws,  the 
Clerk  of  the  County,  or  Probate  Court,  but 
tinder  the  system  ju'oposed,  he  will  be  ex  officio 
Clerk  of  all  the  ( "on r(s  which  arc  created,  ex- 
ce])t  the  Suiireme  Court. 

Mr.  nrXXE,  Is  not  the  gentleman  aware 
that  the  County  Clerk  performs  those  duties 
by  deputy  ? 

Mr,  JOHNSON.  In  some  cases  he  does,  it  is 
true,  but  this  change  which  is  in  contempla- 
tion, will  largely  increase  the  business  of  his 
office,  in  connection  with  the  courts.  As  we 
incri'ase  tlie  jurisdiction,  we  necessarily  en- 
hance the  business  of  file  courts,  and  we  make 
the  County  Clerk  e.v.  officio  clerk  of  a  court 
eml)racing  the  jurisdiction  of  that  which  is  now 
the  District  and  the  Prol)ate  Courts,  thus  mul- 
tiplying his  duties  very  considerably.  And, 
judging  from  the  intimations  we  have  had  from 
several  meinliers,  the  gentleman  from  Hum- 
boldt himself  included,  I  conceive  that  the 
amount  of  business  in  the  courts  of  the  vari- 
ous counties  is  likely  to  be  considerable.  In 
HumboMt  County  the  business  of  the  Courts, 
as  the  gentleman  himself  informs  us,  is  very 
great,  and  under  the  system  we  jirojiose,  it  will 
certainly  bi'  very  materially  increased  ;  and  so 
will  it  be  in  other  counties,  although,  ijo.ssibly, 


9th  day.] 


LEGISLATIVE  DEPARTMENT. 


279 


Wednesday,] 


TozER — Chapin — JoHNSox — Stortevaxt — DcNXE — Banks. 


[July  13. 


there  may  be  exceptions.    In  the  county  which 
I  in  part  represent,  we  have   now  a   County 
Clerk,  and  a  Clerk  of  the  District  Court,  sepa- 
rate and  distinct  from   each  other,  each   per- 
forming the  legitimate  duties  of  his  own  office. 
We  have  also  a  County  Recorder.  l)ut  the  du- 
ties of  that  officer  are  comparatively  trifling,  as 
they  are   in  most  of  the  other  counties  of  the 
Territory.      As  a  general  rule,  the  amount  of 
the  business  of  the  Recorder  is  less,  perhaps, 
than  of  any  other  county  officer.      Now,  we 
propose  in  this  judicial  system,  to  devolve  upon 
the  County  Clerks  these  increased  duties,  and 
the  gentleman's  amendment  proposes,  in  addi- 
tion to  these  duties,  to  require  them  to  perform 
the    duties,  and  to  allow  them  to  receive  the 
emoluments  of  the  County  Auditors.      I  think 
it  would  be  infinitely  better  to  leave  these  du- 1 
ties  to  the  County  Recorders.     "What  will  be 
the  effect  of  this  amendment?     Why,  sir,   the  j 
office  of  County  Clerk  will  prove  to  be  by  far ! 
the  most  lucrative   office  provided  for  under ! 
this  Constitution.     I  cannot  now  call  to  mind  I 
any  other  office  which  M-ould  be  so  lucrative,  j 
considering  the  nature  of  the  duties  to  be  per- ' 
formed,  and  the  expenses  incidental  to  the  of- ! 
lice,  since  we  have  decided  to  abolish  the  S3^s-  j 
tem  of  salaries  and  return  to  the  old  system  of  i 
compensation  b_y  fees.      I  say,  I  know  of  no  ' 
office,  and  I  think  there  is  no  office,  that  will 
be  so  lucrative  as  that  of  the  County  Clerk, 
under   the    system  which  we   are   proposing. 
Now,  sir,  I  am  in  favor  of  a  fair  division,  not 
only  of  the  duties  and  responsibilities,  but  of 
the  emoluments  of  office,  so  far  as  we  can  make 
such  a  division  ;  and  I  think  it  would  be  much 
better  to  leave   this  section  as  it  is,  than  to 
adopt  the  amendment  offered  by  the   gentle- 
man from  Humboldt, 

Mr.  TOZER.  I  do  not  see  that  we  are  adding 
to  the  emoluments  of  either  the  one  or  the  other 
office,  by  adding  to  the  duties  of  the  County 
Clerk,  the  duties  of  the  Auditor ;  because, 
under  the  provisions  of  the  section,  the  office 
cannot  be  worth,  in  any  event,  over  four  thou- 
sand dollars  a  year. 

Mr.  CHAPIN.    That  has  all  been  stricken  out. 

Mr.  JOHNSON.  There  is  another  thing 
which  has  been  suggested  to  me  by  the  gentle- 
man from  Lyon,  (Mr.  Kennedy.)  namely  :  that 
the  County  Clerk,  acting  as  County  Auditor 
under  that  provision,  would  necessarily  have 
to  audit  and  pass  upon  his  own  accounts,  and 
these  would  amount  to  a  very  considerable 
sum,  as  the  experience  and  observation  of  all 
teaches  us.  As  to  the  amount  of  business,  we 
know  that  the  Recorder  has  little  or  nothing  to 
do  involving  accounts,  other  than  those  of 
■which  anybody  can  easily  judge.  I  think  that 
is  of  itself  a  very  forcible  reason  why  this 
amendment  should  not  be  made. 

The   question    was   taken   on   Mr.    Dunne's 
amendment,  and  it  was  not  agreed  to. 

SEPARATE  PROPERTY  OF  TUE  WIFE. 

Mr.  STURTEVANT.    I  move  to  amend  the 


instructions,  by  adding,  that  the  committee  be 
instructed  to  amend  Section  31,  by  striking  out 
the  following  language  : — 

"  All  property,  both  real  and  personal,  of  the  wife, 
ownied  or  claimed  by  her  before  marriage,  and  that  ac- 
quired afterward  by  gilt,  demise,  or  descent,  Khali  be 
her  separate  property;  and  laws  shall  be  passed,  morn 
clearly  defining  the  rights  of  the  wife,  in  relation  as 
well  to  her  separate  prcjijerty,  as  to  that  held  in  com- 
mon \vith  her  husband. " 

Also,  to  strike  out  the  word  "  also,''  in  the 
next  line,  so  as  to  leave  the  section  to  read  as 
follows  :— 

Sec.  31.  Laws  shall  be  passed,  providing  for  the 
registration  of  the  wfe's  separate  ijroperty. 

Mr.  DUNNE.  Why  not,  just  as  well,  strike 
out  all  the  section?  If  you  amend  it  in  that 
way,  you  strike  out  the  separate  property  of 
the  wife  altogether,  and  leave  nothing  for  regis- 
tration. 

Mr.  JOHNSON.  Then  there  is  nothing  left 
to  be  protected.  By  striking  out  the  first  part 
of  the  section,  the  wife  has  nothing  which  re- 
quires registration. 

Mr.  STURTEVANT.  It  would  be  left  for  the 
Legislature,  supposing  the  wife  did  have  prop- 
erty before  her  marriage,  to  provide  for  the 
registration  of  such  property.  My  particular 
objection  to  the  section  as  it  stands  is,  that  it 
makes  it  obligatory  on  the  Legislature  to  pro- 
vide for  her  separate  property,  in  every  case. 
For  instance,  if  a  rich  widow  marries  some 
good  fellow,  according  to  this  section,  there 
must  be  a  law  setting  her  property  apart  sepa- 
rately, even  if  she  does  not  desire  it  to  be  done. 
The  law  must  declare  that  it  shall  be  her  sepa- 
rate property ;  and  whether  she  is  willing  or 
not,  or  whether  he  is  willing  or  not,  makes  no 
difference. 

The  question  was  taken,  and  the  amendment 
was  not  agreed  to. 

SPECU.I.   LEGISLATIOX. 

Mr.  BANKS.  I  propose  the  following  amend- 
ment, which  I  have  previously  ottered  in  Com- 
mittee of  the  AVhole.  It  was  then  lost  by  one 
vote,  and  I  now  submit  it  for  consideration,  in 
a  fuller  house.  I  move  to  instruct  the  commit- 
tee to  amend  Section  20,  by  inserting  after  the 
words  "  pu))lic  squares,"  the  words,  "  granting 
franchises  for  toll-roads,  toll-bridges,  and  street 
railroads." 

I  have  not  heretofore,  in  this  Convention, 
offered  any  amendment  which  had  once  been 
rejected,  and  I  do  so  now.  simjily  for  the  reason 
that  when  this  amendment  was  submitted  be- 
fore, it  was  voted  down  in  a  very  thin  house, 
by  only  one  majority.  I  do  not  proi)osc  to  re- 
peat what  I  said  on"  the  former  occasion.  l)ut  I 
will  add  just  this  :  that  upon  an  examination  of 
the  statutes,  and  considering  the  jtroceedings 
of  the  last  Legislature  of  this  Territory,  and 
the  preceding  ones,  I  am  fully  satisfied  that  this 
f\ict  cannot  be  controverted,  that  if  provisidu 
had  been  made  by  general  laws,  for  doing  what 
the  numerous  special  laws  which  have  been 
passed  were  designed  to  accomplish,  we  would 


280 


LEGISLATIVE  DEPARTMENT. 


[9th  day. 


Wednesday.] 


HovET — Fitch— Johnson— Dunne — Frizell. 


[July  13. 


have  been  saved  more  tlian  one-half  of  the  ex- 
penses of  the  Lefrislalure.  The  same  remark 
applies  to  the  lejrishition  of  the  State  of  Califor- 
nia. I  am  desirous  of  puanling  the  future  of 
this  Suite  ajrainst  the  enormous  lejrishitive  ex- 
penses arisiiifi  from  the  consideration  of  mat- 
t«'rs  w  hicii  can  be  much  better  provided  for  by 
geiural  laws. 

Mr.  IloVtIV.  I  wish  to  propose  an  amend- 
ment to  the  amendment,  whicii  will  make  it 
include  all  railroads.  1  move  to  insert  the 
words  "  w  other,"  belwi-eu  the  words  "street." 
and  '•  railroad."  so  that  the  amendment  will 
read — ••  granting  franchises  for  toll-roads,  toll- 
bridges,  and  street  and  other  railroads." 

The  question  was  taken  on  Mr.  Hovey's 
amendment,  and  it  was  not  agreed  to. 

The  (piestiou  recurred  on  the  amendment 
projiosed  by  Mr.  liiuiks. 

Mr.  FlTl'li.  I  am  opposed  to  this  amend- 
ment. I  do  not  want  to  detain  the  Convention 
Ijy  any  argument  ujion  it.  but  I  will  say  it  seems 
to  me.  that  when  ])ropositions  have  been  intro- 
duced into  the  Ctmimittee  of  the  Whole,  and 
after  a  fair,  and  even  a  protracted  discussion. 
have  been  deciiled  u])on  there,  we  should  let 
them  rest,  and  not  afterwards  bring  the  same 
propositions  before  the  Convention,  in  order 
to  fight  our  battles  over  again. 

Mr.  JOHNSON.  I  will  occupy  the  attention 
of  the  Convention  on  this  subject  but  a  few  mo- 
ments. a.s  I  have  heretofore  ex])ressed  my  views. 
I  recognize  the  right  of  the  Conventi(Ui.  ))y  a 
fcubse(pient  vote,  when  a  greater  number  of 
membei-s  may  be  present,  to  reverse  the  action 
it  may  have  taken  njjon  any  question  ;  and  I 
do  not  deny  the  right  of  any  member  to  make 
a  motion  tor  such  i)ur])ose.  Therefore,  my 
objection  to  this  amendment  is  not  for  reasons 
which  the  gentleman  from  Storey  (Mr.  Fitch) 
has  ju.st  now  suliiniited  — that  we  have  once 
bad  a  vote  ujion  the  proposition,  and  therefore 
ought  to  regard  it  as  settled—but  I  think,  for 
reasons  which  I  have  already  presented,  that 
tlie  ami-ndmcnt  itself  would  i)e  imjiolilic.  In- 
fitances  have  arisen  in  the  State  of  California. 
where  it  was  found  imi)ossil)le  for  a  general 
law  U)  be  practically  useful  in  respect  to  i)ub- 
lic  works  or  ini|Movenients.  which  extended 
through  more  than  one  county.  Now,  I  would 
acijuicsce  in  the  siijipurl  of  this  luuvisiou,  if  it 
were  in  its  charatlcr  iidiibitory  only  of  grants 
or  charters,  when  the  improvements  contem- 
plated were  to  be  conlined  to  one  county ; 
but  it  is  impossible,  and  ex()erience  has 
•lemonstrated  the  impracticability  of  it.  to 
incorporate  a  feature  of  that  kind,  in  such 
a  manner  as  to  ap|)ly  where  those  works  of 
improvement  are  jirojiosed  to  l)c  extemled 
throiigii  more  than  one  county.  For  thai 
reason.  I  iio|)c  ihat  we  shall  not  ado|)t  this 
amendment.  If  it  were  j)roposed  to  embrace 
only  works  of  that  kind  extending  through  a 
single  coiiniy.  then  I  should  recognize  the  luct 
that  the  local  authorities  would  be  more  capa- 
ble of  judging  of  the  propriety  of  granting  the 


franchises,  and  deciding  to  whom  they  should 
be  granted,  than  the  Legislature  of  the  State 
could  be  ;  but  the  amendment  does  not  take 
from  the  o])eration  of  the  ruU',  those  works  of 
improvement  that  are  iniiiortant  to  the  public 
welfare,  where  the  interests  to  be  subserved 
are  not  conlined  merely  to  the  limits,  or  within 
the  jurisdiction,  of  the  local  Legislatures,  or 
15oards  of  Supervisors,  or  County  Commission- 
ers. Therefore,  I  say,  such  a  provision  might, 
and  very  often  would,  result  in  defeating  the 
ell'orts  of  men  to  construct  works  of  veiy  great 
im])ortance. 

The  question  was  taken  by  yeas  and  nays, 
on  the  amendment  offered  by  Mr.  Banks,  and 
the  vote  resulted — yeas,  12  ;  nays,  18 — as  fol- 
lows : — 

}>«»' — Messrs.  Banks,  CoUins,  Crawford,  Crosmaji, 
Duiiiif,  Karl,  Hovey,  Mason,  Sturtevaut,  Tozer,  War- 
wick, and  Wetherill — 12. 

Aays — Messrs.  Belden,  Brady.  Brosnan,  Chapin,  De- 
Long,  Fitch,  Frizell,  Folsnni,  Hawley,  Hudson,  Ken- 
nedy, Kiukead,  Lockwood,  iVIc(  linton,  Paaker,  Proctor, 
Tagliabiie,  and  Mr.  President — 18. 

So  the  amendment  was  not  agreed  to. 

COUNTY   AUDITOR-S — AGAIN. 

The  question  recurred  on  the  motion  of  Mr. 
Hunne,  to  instruct  the  committee  to  amend 
Section  3. 

Mr.  DUNNE  moved  to  amend,  so  as  also 
to  instruct  the  committee  to  amend  Section  33, 
by  striking  out  the  words,  "  who  shall  be  ex- 
officio  County  Auditors,-'  where  they  occur  after 
the  words  "  County  Recorders,'"  and  inserting 
the  same  after  the  words  " Public  Administra- 
tors." 

The  Secretary  read  the  section  as  it  would 
stand  if  amended,  as  follows  : — 

"  Sec.  3.3.  The  Legislature  shall  provide  for  the  elec- 
tion by  the  people,  of  a  Clerk  of  the  Supreme  (;ourt, 
Oninty  Clerks,  County  Recorders,  District  Attorneys, 
Shcrifls,  County  Surveyors,  and  Public  Administra- 
tors, who  shall  be  ex  officio  County  Auditors,  and  other 
necessary  officers,"  etc. 

Mr.  DUNNE.  I  make  that  modification  for 
the  jnirpose  of  relieving  County  Recorders 
from  the  duty  of  being  also  County  Auditors. 
I  wish  to  try  it  in  another  numner,  because  I 
think  this  is  a  nuitter  of  great  importance. 
The  Recorders  havi?  vi'ry  laborious  duties  to 
])erfbini,  in  the  mining  counties,  and  1  insist 
that  if  the  duties  of  the  Auditors  be  left  to 
them,  they  will  bt!  neglected,  or.  at  least,  not 
lirojierly  attended  to.  Rut  the  office  of  I'ublic 
Administralor  which  is  here  provided  for,  is 
one  with  which  but  few  duties  are  connected, 
and  by  adding  to  them  the  duties  of  the  County 
Auditor,  perliaps  comjx'usation  enough  can  be 
given  III  enalile  that  ollicer  to  perform  the  du- 
ties ol'  lioth  ollices  proi)eiiy. 

.Mr.  FUlZl'^LL.  I  profess  to  be  somewhat 
familiar  with  the  county  governments  and  the 
ollices  of  the  several  counties.  Heretofore,  be- 
fore so  many  of  our  mining  claims  were  incor- 
pcu'ateil,  the  County  liecoi'ders  did  have  a  great 
deal  to  do.  Probably  that  office  in  Storey 
County,  a  year  and  a  half  ago,  was  worth  not 


9th  day 


LEGISLATIVE  DEPARTMENT. 


281 


"Wednesday,]  Lockwood—Crosman— Banks— President— Warwick— Fitch.  [July  13. 


less  than  fifty  thousand  dollars.  I  am  told  by 
good  authority,  that  it  was  worth  at  least 
eighty  thousand  dollars  a  year,  while  at  the 
present  time,  it  scarcely  requires  the  attention 
of  one  man  to  perform  all  the  duties  of  the  Re- 
corder's office  of  Storey  County,  during  the 
year.  I  know  of  no  officer  who  is  more  respon- 
sible, or  to  whom  the  duties  of  this  office  of 
Auditor  more  properly  belong,  than  to  the 
County  Recorder.  It  naturally  falls  to  him,  I 
think,  under  present  circumstances,  to  perform 
those  duties. 

The  question  was  taken  on  Mr.  Dunne's 
amendment  to  the  motion,  and  it  was  not 
agreed  to. 

PAY    OF   THE    LEGISLATUKE. 

Mr.  LOCKWOOD.  I  desire  to  propose  an 
amendment,  to  strike  out  Section  34. 

Mr.  CR(  )SMAN.  Has  not  that  section  already 
been  stricken  out,  or  a  portion  of  it  ? 

Tlie  SECRETARY  read  Section  34,  as  here- 
tofore amended. 

Mr.  LOCKWOOD.  I  will,  with  the  leave  of 
the  Convention,  withdraw  my  amendment,  as 
that  matter  appears  to  have  been  already 
passed  upon. 

Mr.  BANKS.  I  understand  that  that  portion 
of  Section  34.  which  provided  that  members  of 
the  Legislature  shall  receive  eight  dollars  per 
day.  etc.,  has  been  stricken  out. 

The  PRESIDENT.  It  is  contemplated  to 
provide  in  the  Schedule,  for  the  compensation 
of  the  first  Legislature,  and  thereafter  the  rate 
of  compensation  can  be  established  by  law.  I 
understand  it  was  not  thought  advisable  to 
make  that  provision  for  the  first  Legislature,  in 
the  general  frame-work  of  the  Constitution, 
as  it  is  merely  a  temporary  matter. 

THE   HOME.STEAI). 

Mr.  CROSMAN.  If  amendments  are  still  in 
order.  I  will  move  to  instruct  the  committee  to 
amend  Section  30,  by  reinstating  the  language 
in  the  beginning  of  that  section  which  has 
heretofore  been  stricken  out,  so  that  it  will  read 
as  in  the  printed  section.  The  amendment 
was,  to  strike  out  the  words  specifjing  the  ex- 
tent of  the  homestead  to  be  exempted — "  Not 
exceeding  one  hundred  and  sixty  acres  of  land, 
outside  of  the  limits  of  a  town  or  city,  or  not 
exceeding  one  acre  within  the  limits  of  an)^ 
town  or  city,  occupied  as  a  residence  by  the 
family  of  the  owner,  together  with  all  the  im- 
provements on  the  same,  of  the  aggregate  value 
of  five  tliousand  dollars," — and  to  insert  instead 
the  words  "  as  provided  by  law."  My  motion 
now  is,  to  instruct  the  committee  to  strike  out 
the  words  which  were  inserted,  and  to  reinstate 
the  language  in  the  original  section. 

The  question  was  stated  on  Mr.  Crosman's 
motion. 

Mr.  WARWICK.  Now.  Mr.  President,  when 
the  motion  was  made  the  other  day,  by  the 
honorable  gentleman  from  Lyon,  (Mr.  Kenne- 
dy.) to  strike  out  that  language,  no  opportunity 
was  offered  for  argument.     I  then  considered 


that  there  had  been  no  action  taken  by  this 
Convention. from  the  first  moment  we  assembled 
here  u])  to  that  time,  that  was  so  utterly  ill-ad- 
vised, or  calculated  to  be  so  lauuMitable  in  it,s 
eftects.  ^  That  gentleman,  sir,  has  yet  to  feel 
what  it  is  to  have  children  gi-owing  up  around 
him— what  it  is  to  rest  beneath  the  family  root- 
tree,  or  to  rear  that  sacred  structure,  whether 
it  be  great  or  hum))le,  to  which  we  all  look  as 
a  shelter  and  a  home.  It  may  be,  sir,  that  not 
in  the  present,  but  only  in  the  past,  that  geiitU;- 
man  reali/A-s  what  •'  home  "  means.  It  may  1)0 
that  he  has  never  heard  the  voices  of  his  owu 
little  ones,  or  of  his  wife,  and  therefore  he  fails 
to  understand  that  feeling  which  we  who  have 
reared  our  fomily  roof-tn^es  in  this  distant  land 
do  all  experience,  when  we  have  our  wives  and 
little  ones  around  us. 

This  provision,  as  it  was  originally  incorpo- 
rated in  our  organic  law.  I  regard  as  being  one 
of  the  most  wise  and  beneficent  features  of 
modern  legi.slation.  It  is  a  feature  which  has 
been  incorporated  into  the  organic  law  of  every 
State  of  the  Union  which  has  framed  or  remod- 
elled its  Constitution  during  the  last  ten  years  ; 
and  it  is  one  which,  by  legislative  action,  has 
been  incorporated  into  the  laws  of  every  State 
and  Territory,  in  the  loyal  portion,  at  least,  of 
the  American  L^nion.  Sir,  I  never  was  more 
astonished  in  my  life,  than  when  I  witnes.sed 
the  action  of  this  Convention  the  other  day- 
action  taken  on  the  spur  of  the  moment,  with- 
out thought — by  which  this  provision,  which  I 
consider,  as  I  have  said,  one  of  the  wisest  fea- 
tures of  modern  legislation,  was  stricken  out 
from  the  organic  law  of  our  future  State.  What 
was  the  occasion  of  that  action,  sir?  Gentle- 
men may  tell  you  that  the  amount  of  the  ex- 
emption here  proposed  may  ])rove  in  the  fu- 
ture to  be  too  large,  or  that  it  may  not  be 
enough,  and  that  therefore  it  is  a  projx-r  sub- 
ject for  legislation.  That  may  be.  or  it  may 
not  be  so.  But  still  I  say,  whether  it  be  too 
much,  or  whether  it  be  too  little,  is  not  a  ques- 
tion here.  We  propose  to  fix  a  bound,  and  say 
that  here  the  wife  and  the  children  shall  be  se- 
cure, in  every  contingency  ;  that  if  the  hus- 
band, by  his  industry,  has  accumulated  enough 
for  a  home,  to  the  value  of  five  thousand  dol- 
lars, or  less,  that  home  shall  be  sacred  to  the 
wife  and  the  children.  Can  the  gentleman 
estimate  the  amount  of  hardshi))  that  would 
ensue,  if  the  Legislature,  acting  as  ill-advi'jedly 
as  this  Convention  did,  on  the  spur  of  the  mo- 
ment the  other  day,  should  strike  out  this  pro- 
vision altogether."  from  our  laws,  and  should 
thus  throw  the  wife  and  children  of  every 
debtor  upon  the  mercy  of  heartless  creditors, 
or  leave  them  at  the  mercy,  if  you  please,  of  » 
dissipated  husband  ? 

Mr.  FITCH.  AVill  the  gentleman  from  Lan- 
der allow  me  to  ask  him  a  question  ?  I  am 
misinformed  if  the  fact  is.  as  the  gentleman 
states,  that  the  Convention  struck  this  jjrovision 
out.  I  am  informed  that  the  action  of  the 
Convention  was  merely  to  strike  out  the  value 


282 


LEGISLATIVE  DEPARTMENT. 


[9  th  day. 


Wednesday,] 


Warwick — Banks— Johnson. 


[July  13. 


of  the  hnniPPtead,  leaving  it  to  the  Legislature 
to  tix  that  valiu'. 

Mr.  \VAU\VirK.  That  is  the  point  I  am 
arguing,  that  tin-  false  stop  taken  was  the 
striking  out  of  the  value  of  the  homestead. 

Mr.  IJANK."^.  The  proposition  now  is  to  re- 
instate that  limit. 

Mr.  WARWICK.  That  is  the  very  point ;  I 
am  in  favor  of  reinstating  it.  The  other  day, 
Mhen  action  was  taken  on  this  subject,  there 
wa.«  no  opportunity  for  argument,  and  notliing 
was  said  as  to  why  it  should,  or  why  it  should 
not  be  stricken  out.  I  am  in  favor  of  the  re- 
instatement of  this  liiiiitatinii  ul  tin-  value  of 
the  homestead.  1  want  this  jjrovision  as  a  pro- 
tection to  the  wives  and  children  in  this  Terri- 
tory. If  the  industry  of  the  husband  has  ac- 
cumulati'd  sullicient  for  a  iiome,  and  he  has 
afterwards  Ix'come  dissipated.  I  still  wish  to 
say  that  the  wife  and  ciiililren  shall  retain  a 
rallying  place,  which  shall  lie  entitled  to  the 
sacreil  name  of  home,  and  of  which  no  action 
of  the  husband  and  father  can  deprive  them. 
If  there  could  l)e  any  good  reason  shown  why 
this  j)rovision  should  be  left  out.  or  why  the 
subject  .shoulil  be  left  to  the  uncertain  action 
of  future  legislatures,  then  I  might  be  in  favor 
of  the  jiroposition  to  strike  it  out,  which  was 
carried  the  other  day,  with  little  or  no  argu- 
ment up(m  it,  one  way  or  the  other.  The  mo- 
ment the  motion  was  made,  if  I  recollect 
rightly,  the  ipiestion  was  taken,  debate  being 
cut  off.  and  I  think  there  was  no  argument 
whatever  u])on  the  (piestion.  1  hope. therefore, 
that  this  scclicm  will  l)e  left  precisely  as  it  was 
adopted  by  the  former  Convention. 

Mr.  JOHNSON.     When  this  subject  was  un- 
der consideration   before.  I  gave  notice  that  I 
would.  a(  a  jiroper  time,  move  to  reinstate  the 
mutter  which  was  then  strick<'n  out.     As  the 
gentleman  from  Lander  states,  the  matter  was 
then  presented  to  the  Conventir)n.  in  the  shape 
of  a  motion  to  strike  out.  an<l  very  hasty  action 
was  lia<l   upon  that  motion.     As"  far  as  I  was  I 
concerned.  I  had  no  opjiortunity  of  even  exam- 
ining  the  section,  to   see  what   would  be   the 
effect  of  striking  (.ut  that  porticiu  of  it  ;  and   if 
was  in  con>iderati.in  of  the  fact  that  I  did  not 
unilersland   the  elfect  of  tliat   hasty  action  of  I 
the  Convention  that  I  gave  the  notice   I  did.  I 
At  a  subsei|uetit  lime  I  examined  the  section,  I 
with  this  portion  stricken  out.  and  I  became  sat- 1 
isfied.as  I  am  now.  that  this  section  is  iu  an  infi- ; 
nilely  belter  |>o-iiii.n  lor  the  protection  of  tho^e 
wives  and   children    to  whom    the   genth-man 
from  [.ander  refei-s.  than  it  would  l)e  if  we  were  i 
to    inc<>r|)oratt!   the   words   which    iiave    been  I 
stricken  out.     And,  entertaining  that  opinion, 
I    have    said    to    the    geutlem.in    who    was    the 
mover  of  the  amendment  that  I  did  not  intend 
to  make  tlie  motion  U)  reinstaU'.  of  which  I  had 
given  notice.  | 

Now,  I  do  not  f>bject  to  the  premises  ad- 
vanced in  the  argument  of  (he  gentleman  from 
Lander,  because  I  agree  with  him  in  everv 
word  ;  but  it  is  the  conclusion  at  which  he  ar- 1 


I  rives  wherein  we  ditfer.  I  can  foresee  none  of 
!  the  evils  of  which  he  sjieaks  as  likely  to  arise 
j  from  the  amendment  which  has  been  made, 
'  but  I  do  believe  tliat  very  injurious  results 
{ would  follow  from  the  restoration  of  those 
words  which  have  bt'cn  stricken  out  of  the 
section,  (a'titleiiieu  full  well  undi'rstand  that 
!  the  matter  of  currency  is  tiuctuating  -that  the 
])rice  of  "  greenbacks,"  to  use  a  familiar  and 
well-understood  term,  varies  from  time  to 
time.  IIow'  much  is  a  homestead,  worth  five 
tliousand  dollars  in  "  currency,"  going  to 
benefit  that  faiuily,  or  the  wife  and  children, 
<d'  which  the  gentleman  so  elo(|uently  dis- 
courses? Why,  sir.  when  this  section  was  in- 
corporated into  the  old  Constifution,  green- 
backs were  worth  proljably  ninety,  and  cer- 
tainly not  less  than  eighty-five  cents  on  the 
dollar,  and  a  homestead  amounting  in  value 
then  to  five  thousand  dollars,  was  worth  nearly 
fi\c  thousand  didlars  :  while  to-day,  a  homestead 
\'alued  onl}'  at  that  amount  in  currency,  would 
scarcely  be  worth  more  than  two  tliousand  dol- 
lars in  gold.  As  I  understand  it,  it  was  the 
desire  to  obviate  the  evils  which  are  likely  to 
flow  from  these  changes  of  value  in  the  cur- 
rency, that  prompted  the  gentleman  from  Lyon 
(Mr.  Kennedy)  to  make  the  motion  to  strike 
out  that  portion  of  the  section.  At  any  rate, 
whether  that  was  or  was  not  the  motive  which 
prompted  the  motion  to  strike  out,  it  is  the  mo- 
tive which  now  determines  me  to  keep  that 
language  out,  and  to  ojipose  the  motion  to  re- 
store it. 

And  here  is  another  point:  we  have  now  a 
homesti'ad  law  in  our  territorial  statutes,  which 
fixes  the  value  of  the  homestead  at  five  thou- 
sand dollars,  and  we  propose  to  provide  in 
this  Constitution  that  the  laws  in  force  in  the 
Territory  shall  be  continued,  except  so  far  as 
they  may  conflict  with  the  Constitution,  until 
they  shall  be  repealed  or  altered  by  the  Legis- 
ature. 

The  PRESIDENT  pro  tern.  (Mr.  DeLong  in 
the  Chair.)  Will  the  gentleman  pause  a  luo- 
ment  ?  I  observe  that  Ex-(Jovernor  Stanford 
of  California  is  in  the  lobby,  and  I  invite  him 
to  walk  inside  the  bar,  and  take  a  seat. 

The  li<m(Mable  LELAND  STANFORD  came 
within  the  bar.  an<l  was  provided  with  a  seat. 

Mr.  JOHNSON  (continuing.)  We  have  pro- 
tection, therefore,  for  the  wife  and  children,  so 
far  as  the  laws  ap])ly,  until  such  time  as  the 
Legislature  may  deem  it  projier  to  specify  a 
greater  sum  as  the  limit  of  the  value  of  the 
homestead,  which  they  would  prol)ably  do  in 
the  event  of  the  continued  depreciation  of  the 
value  of  the  currency.  I  think  ample  protec- 
tion is  aflorded  -that  all  that  is  essential  is  re- 
tained in  till'  section,  to  effectively  jirotectsuch 
rights  as  ought  to  be  ]»i-otecle(l.  l'\)r  these  rea- 
sons. I  hope  the  anieuflment  will  not  prevail, 
and  that  the  section  will  be  left  as  it  is  now, 
giving  the  I^egislature  jiower  to  make  laws  car- 
rying out  this  intent  in  such  manner  as  they 
may  deem  just  and  proper. 


9tli  day.] 


LEGISLATIVE  DEPARTMENT. 


283 


Wednesday,]    Kennedy— Fitch — Warwick— President— DeLong—Tozer—Crosman.   [July  13. 


Mr.  KENNFJDY.  I  did  not  desire  to  make 
any  argument  upon  this  question,  but  since  the 
gentleman  from  Lander  (Mr.  AVarwick)  has  at- 
tributed rather  reprehensible  motives  to  me,  on 
account  of  my  action  in  this  matter,  I  wish 
briefly  to  explain  my  views.  I  do  not  want  to 
legislate  against  any  man's  wife  or  children, 
but  my  objection  is  "to  stating  in  the  Constitu- 
tion the  size  and  value  of  the  homestead,  so 
that  it  cannot  be  altered,  under  any  circum- 
stances that  may  arise.  I  am  entirely  willing 
that  the  Legislature  shall  provide  a  homestead 
of  some  kind,  and  I  would  leave  it  to  the  rep- 
resentatives of  the  people  to  alter  or  change 
the  extent  and  value  of  such  homestead,  from 
time  to  time.  Now,  the  gentleman  contends, 
as  I  understand  him,  that  })y  hasty  action,  the 
Legislature  may  repeal  the  homestead  law ; 
but  most  certainly  they  cannot  do  it  under  this 
provision.  They  must  provide  a  homestead 
law  which  can  be  made  available  by  every 
family. 

Mr.  FITCH.  I  am  somewhat  amused  at  the 
erratic  course  of  my  friend  from  Lander  (Mr. 
Warwick)  in  regard  to  this  subject  of  legisla- 
tion. He  favors  the  striking  out  of  a  provision 
which  does  not  please  him.  because  he  says  he 
is  not  in  favor  of  legislation  in  the  Constitu- 
tion, and  he  appeals  to  members  not  to  legis- 
late ;  but  when  another  provision  comes  up, 
which  does  please  him,  then  he  is  in  favor  of 
legislation,  and  opposed  to  trusting  the  impor- 
tant matter  to  the  future  uncertain  action  of 
the  Legislature.  I  suggest  that  for  the  sake  of 
consistency,  the  gentleman  had  better  confine 
himself  to  one  side  or  the  other  exclusively, 
and  either  be  for  or  against  legislating  in  the 
Constitution,  all  the  time. 

Mr.  WARWICK.  With  all  due  deference  to 
the  gentleman  from  Storey,  (Mr.  Fitch,)  I  would 
say,  Mr.  President,  that  undoubtedly,  of  all  the 
members  of  the  Convention,  he  is  the  last  one 
who  ought  to  speak  of  consistency.  It  is  a 
word  with  which  he  is  not  at  all  acquainted, 
the  meaning  of  which  he  has  never  studied, 
and  he  is  not  qualified  to  judge  in  regard  to  it. 
Therefore  I  submit  to  the  Chair  that  he  is  en- 
tirely out  of  order  in  rising  to  any  question 
upon  the  word  "  consistency." 

Mr.  FITCH.  I  accept  the  gentleman's  apol- 
ogy.    [Merriment.] 

The  hour  for  recess  having  arrived, 

The  PRESIDENT  pro  tern,  declared  the  Con- 
vention at  recess  until  two  o'clock,  P.  M. 


AFTERNOON  SESSION. 

The  Convention  reassembled  at  two  o'clock, 
P.  M.,  and  was  called  to  order  by  the  Presi- 
dent. 

LEGISLATH'E    DEPARTMENT THE    HOMESTEAD. 

The  PRESIDENT.     The  question  before  the 


Convention  is  the  motion  ])y  the  gentleman 
from  Lyon  (Mr.  Crosmaii,)  to  instruct  the  sju-cial 
committee  to  amend  Section  'M),  of  Article  IV, 
entitled  lA'gislative  Department,  by  inserting 
the  language  heretofore  stricken  out,  limiting 
the  extent  and  value  of  the  homestead. 

Mr.  DeLONG.  I  rise  to  a  ((uestion  of  order. 
Under  Jeflerson"s  Manual,  this  amendment  is 
not  in  order,  because,  although  it  is  ]u'oper  to 
commit  the  article  to  anu-nd  a  ])art  of  it,  yet, 
this  amendment  is  not  an  amendment  to  the 
original  motion  to  recommit,  l)ut  relates  to  a 
different  section.  I  think  we  had  Iietler  con- 
sider this  article,  one  section  at  a  time,  and  not 
compel  any  member  to  vote  for  an  ami-ndment 
which  he  does  not  like,  in  order  to  carry  an 
amendment  which  he  does  like. 

The  PRESIDENT.  The  Chair  will  sustain 
the  point  of  order.  A  motion  to  recommit  the 
article,  with  instructions,  was  made  by  tlie  gen- 
tleman from  Humboldt,  (Mr.  Dunne.)  and  fol- 
lowing that,  the  gentleman  from  Storey,  (Mr. 
DeLong.)  offered,  as  an  indepedent  proposition, 
a  motion  to  recommit  another  section,  with  in- 
structions. That,  the  Chair  decided  was  not 
in  order,  unless  it  was  to  be  regarded  as  an 
amendment.  So  far,  the  Chair  doubtless  was 
correct ;  but  I  am  now  satisfied  that  I  was 
wrong  in  not  ruling  out  the  amendment  on  the 
further  ground  that  it  did  not  amend  the  same 
section  as  that  to  which  the  gentleman  from 
Humboldt  had  offered  his  amendment.  It 
should  not  have  been  held  in  order  until  ac- 
tion had  been  taken  on  the  motion  of  the  gen- 
tleman IVom  Humboldt.  Hereafter,  the  Chair 
will  hold  that  no  amendment  is  in  order  upon 
a  motion  to  recommit,  unless  it  amends  the 
same  section  to  which  the  original  motion  ap- 
plies. The  effect  of  the  course  we  have  been 
pursuing  might,  as  the  gentleman  from  Storey 
has  suggested,  be  this:  that  by  the  adoption 
of  numerous  amendments  to  different  sections, 
the  minority  on  the  distinct  question  of  recom- 
mitting for  any  specific  amendment,  might  be- 
come the  majority  The  only  proper  method  is, 
I  think,  to  take  the  vote  separately  upon  each 
proposition.  The  amendment  to  Section  30  is 
therefore  not  l)efore  the  Convention. 

Mr.  TOZER.  Then  I  move  to  recommit  Sec- 
tion 30,  with  special  instsuctions  to  make  the 
amendment. 

The  PRESIDENT.  The  motion  is  not  m 
order,  for  the  reasons  already  stated. 

Mr.  CROSMAN.  Certain  motions  were  made 
to  amend  other  sections,  some  of  which  were 
adopted.  Among  them.  I  remember  an  amend- 
ment was  offered  to  Section  32.  which  i)revailed. 
Now,  I  ask,  under  the  ruling  of  the  Chair,  what 
is  the  position  of  that  section? 

The  PRESIDENT.  It  is  of  course  some- 
what irregular,  the  question  having  been  im- 
properly taken,  but  the  Chair  will  hold  that 
that  section  has  been  recommitted  to  the  spe- 
cial committee,  with  instructions  to  strike  it 
out,  such  having,  in  fact,  been  the  action  of  the 
Convention. 


28-1 


LEGISLATIVE  DEPARTMENT. 


[9th  day. 


Wednesday,]  Puesident—Kexnedt— Donne— Banks— Brosnan—Tozer. 


[July  13. 


DAY   OF   EI-ECTIOX. 

The  question  was  stated  to  be  upon  the  mo- 
tion i>f  -Mr.  Dunne,  to  recommit  article  IV  to  a 
special  cummittee.  willi  instructions  to  amenil 
Section  3.  hy  strikinii  out  tlic  words,  '•  Tues- 
day next  alter  the  lirst  Monday  in  November." 
anil  insertinjic  the  words  ••  lirst  Wednesday  in 
Septeniher '" ;  and  also,  by  addini:  to  the  sec- 
tion the  words.  ••  except  as  liereinalter  provi- 
ded "  ;  so  that  the  section  would  read  : — 

Seo.  3.  The  members  of  the  Assembly  shall  be 
chosen  biennially  by  the  qualified  eleetors  of  their 
resi>eetive  ilistriets,  on  the  first  Wi-dnesilay  in  Septem- 
ber, and  their  term  of  oflice  shall  be  two  years  from 
the  day  next  after  their  cleetiou,  exeei)t  us  hereinafter 
provided. 

The  PRE.«?IDENT.  The  Chair  will  rule  that 
no  motion  to  amend  this  motion  is  in  order,  un- 
less it  pro))ost's  to  amend  the  same  section. 

Mr.  KICNNEDV.  1  will  ask  for  a  division  of 
the  (pvslion.  because  1  would  like  to  vote  for 
one  jiart  of  the  amendment,  and  against  an- 
other part. 

The  I'RRSIDEXT.  The  gentleman  has  an 
undoubted  right  to  call  for  a  division  of  the 
tpu'stion.  The  {|uestion  will  first  be  on  striking 
out  the  words  ••  Tuesday  next  after  the  first 
>b)n(lay  in  N'ov»>niber."  and  inserting  "first 
"VVefliu'sday  in  September'";  and  next,  ujion 
ailding  the  words  "  except  as  hereinafter  pro- 
Tided."' 

Mr.  KEXXEDY.  I  ask  to  have  the  vote  tak- 
en first  on  the  motion  to  strike  out  and  insert, 
and  in  fact  I  have  that  portion  now  marked  as 
adopti'd,  in  mv  cojiv. 

The  IMUvSIDKNT.  It  was  once  stricken  out. 
but  afterwarils.  the  vote  was  reconsidered. 

Mr.  Dl'NXE.  The  Convention  yesterday 
ndo])ted  (hat  amendment,  and  now.  if  it  is  ])ro- 
]»osed  to  change  tliat  action.  I.  for  one.  want  to 
'know  some  reason  for  it.  Why  should  we  now 
undo  what  we  did  yesterday  ? 

Ms.  IJAXIv.*^.  If  tile  gentleman  desires  rea- 
poiis  for  allowing  tlie  sectirin  to  remain  as  we 
find  it  in  the  ohl  Constitution.  I  can  very  brief- 
ly express  my  reasons  for  voting  against  his 
anu-ndinent.  One  rea>on  is,  that  as  it  stands 
now.  the  election  will  come  on  the  day  of  the 
Presidential  electicm.  Those  who  desire  to 
have  the  section  remain  as  it  is  in  this  jirinted 
copy,  want  the  eleciicui  to  come  every  year  on 
the  d  ly  corresponding  with  the  day  of  the 
I'resiilenlial  election,  and  undoiilitedly.  if  there 
are  not  good  reasons  for  selecting  some  other 
day.  the  gi-ntleman  will  coiwede  that  that  is 
the  i)ro|)er  day.  At  all  event.s,  he  will  concede 
that  it  is  the  proper  day.  in  the  year  of  the 
I'residential  (dection  ;  and  if  it  is  right  once  in 
four  years,  F  insist,  ivs  a  matter  of  regnliirity. 
tiiat  it  should  come  on  the  same  day  in  other 
years. 

Now  what  reason  does  my  colleague  assign 
for  making  this  change?  He  says  that  on  ac- 
count of  (limate,  and  sonu>  other  reasons  which 
I  forg<'l,  that  it  is  not  so  convenient  to  coiulnct 
an  election  canvass  in  the  month  of  November, 


as  in  September.  And  another  reason  which 
he  urged,  I  remember  now,  was,  that  at  the  ear- 
lier period,  our  popnlation  was  likely  to  be 
larger  than  in  the  month  of  November,  lint  I 
think,  for  all  practical  purposes,  November  will 
l)e  the  better  time,  because,  during  Septem- 
ber, a  large  proportion  of  our  pojyulation.  as 
our  society  is  now  constituted,  are  roaming 
over  the  bills,  engaged  in  prospecting,  and  con- 
sequently are  not  where  they  would  be  allowed 
to  vote.  More  of  them  will  be  at  homo.  I  ven- 
tnre  to  say,  in  November,  than  in  September. 
Tlie  argument,  therefore,  is  not  a  valid  one, 
that  our  vote  will  not  be  as  large  in  November, 
as  in  September.  Again,  the  gentleman's  argu- 
ment in  regard  to  the  time  of  making  the  can- 
vass has  no  weight,  because  men  will  be  more 
l)usy  in  Se])tember,  and  there  will  be  le.ss  time 
for  conducting  the  canvass,  than  if  the  election 
be  in  November.  I  hope  we  shall  have  the 
vote  every  year  in  November,  and  hence,  I 
shall  vote  against  any  change. 

Mr.  DUXXE  [in  his  seat.]  I  guess  the  Con- 
vention generally  thinks  the  same  way,  and  I 
will  not  make  a  speech. 

The  ([uestion  was  taken  on  the  motion  to  in- 
struct the  comiuittee  to  strike  out  and  insert, 
and  it  was  not  agreed  to. 

The  question  recurred  on  the  latter  part  of 
the  motion,  instructing  the  committee  to  amend 
by  adding  the  words,  "  except  as  hereinafter 
provided." 

Mr.  BROSXAN.    It  seems  to  me,  at  the  pres- 
ent time,  that  that  is  not  necessary',  because  it 
was  only  put  in  in  view  of  a  special  provision  ! 
to  be  made  in  the  Schedule. 

Mv.  DUNNE.  There  is  no  necessity  for  it, 
and  I  will  withdraw  it. 

THE   HOMESTEAD. 

Mr.  TOZER.  Now  I  move  to  recomiuit  Sec- 
tion 1^0,  of  Article  IV,  to  a  special  committee 
id"  three,  with  instructions  to  amend,  by  strik- 
ing out  the  section  as  printed,  and  inserting  the 
following  : — 

Sec.  oO.  The  Legislature  shall  provide  by  law  for 
exempting  from  forced  sal(\  under  any  i)rocess  of  law, 
a  homestead  for  families,  which  shall  not  be  alienated 
without  the  joint  consent  of  both  husband  and  wife, 
when  the  relationship  exists,  and  which,  when  acquir- 
ed, shall  not  be  of  a  value  exceeding  the  sum  of  five 
thousand  dollars;  and  which,  to  become  thus  exempt 
from  sale  as  a  homestead,  shall  be  specifically  describ- 
ed and  set  forth  in  a  written  declaration,  by  the  claim- 
ant, acknowledged  by  him  or  her,  and  recorded  in  the 
olHce  of  the  County  Recorder  of  the  county  in  which 
the  same  is  situated;  but  no  property  shall  be  exempt 
by  law  from  sale  for  taxes,  or  for  the  jiaymeiit  of  obli- 
gations <'ontra<t(  d  for  the  purchase  of  said  premises, 
or  for  the  erection  ol'  improvements  thereon ;  provided, 
the  provisions  of  this  section  shall  not  api^ly  to  any 
process  of  law  olitained  by  virtue  of  a  lien  given  by 
the  consent  of  both  husband  and  wife. 

The  PRESI  DENT.  It  will  be  remembered,  I 
suppose,  that  the  previous  action  of  the  Con- 
vention will  be  regarded  as  in  order,  so  far  a.s 
ndates  to  the  anu'udment  which  was  adopted 
l)y  tlu!  Convention  in  reference  to  the  sole-tra- 
der act. 


9th  day.] 


LEGISLATIVE  DEPARTMENT. 


28^ 


Wednesday,] 


DeLonu. 


[July  13. 


Mr.  DeLONG.     That  is  understood. 

The  question  was  stated  on  Mr.  Tozer's  amend- 
ment. 

Mr.  DeLONG.  I  sincerely  trust  that  the  sub- 
stitute offered  by  my  colleague  for  this  section, 
will  be  adopted.  If  the  Convention  will  bear 
with  me  a  moment  or  two,  I  will  give  the  rea- 
sons why  I  am  in  favor  of  its  adoption.  They 
are  not  reasons  born  of  a  moment,  or  which 
have  been  conceived  at  the  present  time,  mere- 
ly in  consequence  of  conversation  with  other 
men  on  this  subject ;  but  I  have  thought  of  this 
matter  for  years.  I  remember  that  once,  in  a 
conversation  which  I  had  with  Judge  Field,  of 
California,  the  question  arose  as  to  the  nature 
of  the  homestead  law  of  that  State,  and  Jiulge 
Field  then  advanced  some  ideas,  which  struck 
me  as  being  extremely  forcible,  in  relation 
to  that  law  as  it  existed  in  California ;  and 
they  apply,  with  peculiar  appropriateness,  to 
our  own  case,  because,  by  this  printed  section 
here,  we  are  following,  almost  exactly,  in  the 
track  of  the  California  Constitution  ;  and  our 
own  courts  would  construe  the  provision  in  the 
same  way  as  the  courts  of  California  have  con- 
strued the  Constitution  of  that  State.  In  Cali- 
fornia, a  man  is  allowed  to  hold  property,  not 
to  exceed  five  thousand  dollars,  as  a  home- 
stead ;  but  if  that  property  becomes  worth 
more  than  five  thousand  dollars,  it  is  subject  to 
levy  and  sale,  as  a  whole  ;  it  may  not  be  divi- 
ded. In  that  case,  the  whole  is  sold,  and  five 
thousand  dollars  of  the  proceeds  is  paid  over 
to  the  jugdment  debtor  ;  and  thus  is  presented 
the  extraordinary  phenomenon  of  a  man  hav- 
ing a  homestead  of  five  thousand  dollars,  all  in 
twenty  dollar  pieces,  in  his  pocket.  Then, 
perhaps,  he  goes  and  buys  five  thousand  dollars 
worth  of  goods,  or,  if  he  prefers,  he  lays  it  out 
in  flour,  and  then  he  has  a  homestead  consist- 
ing of  five  thousand  dollars  worth  of  flour. 
How  ridiculous  that  appears,  and  how  contrary 
it  undoubtedly  is  to  the  intention  of  those  who 
framed  that  Constitution !  The  man  may  ex- 
pend his  money,  if  he  pleases,  in  the  purchase 
of  a  drove  of  hogs,  and  then  he  will  have  a 
homestead  consisting  of  five  thousand  dollars 
worth  of  hogs.  [Laughter.]  That  is  the  view 
which  Judge  Field  presented  of  the  matter.  It 
is  entirely  contrary  to  the  plain  intention  of 
those  who  framed  that  organic  act ;  but  in 
what  respect  does  our  action  differ  from  that, 
at  the  present  time  ? 

The  idea  of  a  homestead  law  is,  not  merely 
to  exempt  so  much  property  by  law  from  exe- 
cution and  forced  sale — if  that  were  the  case, 
we  need  not  exempt  a  homestead  at  all ;  we 
might  say  directly,  five  thousand  dollars  worth 
of  property  should  be  exempt,  no  matter  what 
it  is — but  the  idea  is  one  which  is  founded  upon 
the  old  English  maxim,  that  every  man's  house 
is  his  castle — that  it  is  his  sanctuary  and  retreat 
from  all  the  cares  of  life,  and  all  the  persecu- 
tions which  the  world  can  bring  against  him. 
That  is  what  is  intended,  and  we  ought  to  frame 
our  Constitution  in  such  a  manner  as  to  carry 


out  that  view  ;  allowing  the  homestead  law 
merely  to  protect  that  asylum  against  the  exe- 
cution of  creditors.  Now,  sir,  if  we  adopt  the 
section  as  it  stands  in  this  printed  Constitution, 
what  is  the  resnlt?  No  matter  whether  the 
amendment  offered  by  the  gentleman  from 
Lyon  (Mr.  Kennedy)  prevails,  (tr  tlie  original 
section  stands,  it  makes  no  difference  in  that 
regard,  for  whether  you  do  the  one  thing  or  the 
other,  you  still  leave  the  Legislaturi!  to  pre- 
scribe the  value  of  the  homestead.  Sujjpose 
the  Legislature  to  fix  the  maximum  value  at 
five  thousand  dollars,  or  a  thousand  dollars,  or 
any  other  sum  you  please  to  mention  ;  then  the 
head  of  the  family,  having  recorded  his  home- 
stead, enters  upon  the  enlargement  and  improve- 
ment of  his  house  and  home.  It  is  then  worth 
the  sum  specified  by  the  Legislature  in  the 
statute,  and  as  a  consequence,  it  is  exempt  by 
law  from  execution.  But  mark  you  the  results 
that  may  follow.  Perhaps  the  man,  having  a 
family,  and  being  thus  situated,  happens  to  be 
a  man  of  culture  and  taste,  and  a  man  of  indus- 
try. In  that  case,  he  employs  his  leisure  time 
in  beautifying  that  home,  which  is  the  retreat 
of  his  family,  and  the  spot  above  all  others 
dear  to  his  heart ;  and  as  he  finds  time  from 
day  to  day,  he  plants  a  shrub  here,  and  a  flower 
there.  To-day  a  tree  is  planted,  and  to-morrow 
an  ornamental  paling  is  put  up,  and  so  on,  un- 
til finally  his  home  becomes  full  of  attractions. 
He  makes  it  an  object  to  be  coveted  by  his 
rich  neighbors,  or  by  some  malicious  enemy, 
and,  sir,  the  very  moment  that  that  neighbor  of 
his,  or  that  enemy,  may  be  willing  to  give  a 
single  dollar  for  that  homestead  more  than  the 
sum  specified  by  the  statute  as  its  value,  that 
moment  the  man  is  turned  out  of  doors,  with 
the  money  in  his  pocket,  it  is  true,  but  with  no 
home  to  go  to. 

That  is  the  result  of  the  homestead  law  under 
the  present  Constitution  of  the  State  of  Cali- 
fornia. It  is  entirely  erroneous  in  policy,  and 
wrong  in  principle.  I  say  we  should  fix  the 
limit  in  the  start.  We  should  say  that  when  a 
man  takes  his  homestead,  it  shall  be  worth  no 
more  than  five  thousand  dollars.  Then  we  do 
not  give  a  man  a  chance  to  make  a  big  fortune, 
and  swindle  his  creditors,  by  ])lacing  all  his 
property  in  his  homestead.  If  he  commences 
at  that  figure,  and  files  his  declaration,  he  will 
not  obtain  credit  upon  that  proiierty  wiiich  he 
has  set  apart  as  his  homestead.  He  gives  notice 
to  the  world  by  the  act  of  recording  his  home- 
stead, that  that  property  cannot  be  touched  to 
pay  his  debts,  and  then  nobody  is  defrauded. 
Nobody  can  lose  a  dollar  by  it.  because  every 
business  man  will  understand  that  liiat  lionie- 
stead  is  no  basis  upon  which  he  can  give  the  man 
credit,  and  if  he  owns  nothing  aside  from  that, 
he  has  no  basis  upon  which  to  obtain  credit  ex- 
cept his  honor.  Then,  too,  such  a  man  can  go  on 
with  that  feeling  of  security  and  pride  which 
the  head  of  a  family  likes  to  enjoy  in  his 
domestic  affiiirs,  to  beautify  and  adorn  hia 
home.    He  can  do  so  with  a  full  consciousness 


286 


LEGISLATIVE  DEPARTMENT. 


[9th  day. 


Woduesday.] 


Banks — DkLoxg — Collixs. 


[July  13. 


that  no  trick  of  the  law,  no  covetonsness  of  his 
neighbor,  can  take  from  him  tliat  housiOiold 
altar,  after  he  has  prepared  it  as  tlie  place 
where  he  expects  to  live  and  die,  and  where 
his  wife  and  children  are  to  reside  when  he  has 
gone  from  them. 

1  would  like  to  SCO  the  idea  of  the  homestead 
carried  out  in  that  way.  and  the  amendment 
oflered  by  my  colleague" meets  that  ixiint  i>re- 
ciselv.  It  does  not  atl'ord  any  opjxirtunity  for 
swindling,  hut  after  the  man  lias  fixed  u])on  the 
sjiiit  uf  f-iirth  where  he  intends  to  dwell,  and 
where  he  jjroposes  to  rear  his  family,  it  secures 
tliat  place  to  him  for  all  time  to  come.  Is  not 
that  the  true  construction,  the  intention  and 
meaning  of  the  homestead  act  ?  Not  to  give  a 
man  five  thousand  dollars  in  money,  or  five 
thousand  didlars  in  hogs,  or  five  thousand  dol- 
lai-s  in  tlciur;  not  to  allow  him.  if  you  are  his 
creditor,  to  walk  by  you  in  the  street  with  five 
thousand  dollars  in  his  pocket,  which  you  can- 
not touch  :  but  to  make  sacred  and  secure  the 
household  and  roof-tree.  The  moment  he  con- 
verts that  homestead  into  coin,  ))y  the  joint 
consent  of  husband  and  wife,  that  moment  the 
properly  becomes  liable  for  his  debts.  l)ut  so 
long  a.s  it  remains  a  home,  the  asylum  of  the 
family,  let  it  be  inviolable  forever. 

Mr!  BANKS.  I  desire  to  a.sk  a  question  or 
two  in  regard  to  this  amendnn-nt.  Does  it  con- 
tain a  restriction  eipial  to  this— that  one  hund- 
red and  sixty  acri's  of  land  outside  of  a  town 
or  city,  or  one  acre  of  land  within  the  limits  of 
a  town  or  citv,  shall  be  exem])t'' 

Mr.  DeLO.N'G.  Nothing  of  the  sort.  It  starts 
in,  not  by  saying  how  nuich  land  in  town,  or 
city,  or  county,  siiall  be  exempt,  but  it  says  that 
wheu  it  is  claimed  as  a  homestead  originally, 
it  shall  not  exceed  in  value  five  thousand  dol- 
lars. That  is  the  limit  in  the  start,  and  after 
that,  after  it  is  properly  secured  and  recorded, 
no  mattter  how  much  it  becomes  worth,  it  is 
still  his  homestead,  and  cannot  be  taken  from 
him. 

Mr.  BANK.^.  I  fully  agree  with  the  gentle- 
man in  regard  to  the  nature  of  the  homestead, 
and  the  manner  in  which  it  should  be  regarded 
in  legislatiim.  I  believe  it  should  be  regarded 
as  a  place  sacred  for  the  liomi'.  But  my  objec- 
tion to  this  projjosed  proviso  is  this,  that  it  does 
not  limit  the  amount  of  land  which  may  be 
cimtained  in  ilie  lioineslcad.  and  iieiice  I  desire 
to  see  incorporated  iu  It  these  wonls  : — 

"Said  homcHtca<l,  not  cxrcedinR  one  hinulrod  and 
sixty  ac-ri-H  of  land  outhidc  of  the  JiniitH  of  a  town  or 
city,  or  not  I'xcccdinK  tme  acre  witliin  the  limits  of  any 
town  or  city,  occupied  an  a  rcKidcnco  by  the  fuinily  of 
till-  owner,  together  with  all  the  iniprovemeuta  on' the 
same." 

These  words  will  be  founil  in  Section  .'JO,  as 
here  printed,  and  I  offer  them  as  an  anu'ndment 
to  the  j)roposition  of  the  gentleman  Uoui  .^torey, 
(Mr.  To/.T.) 

The  object  of  this  ameuduK'nt,  I  thiid<.  will 
he  apparent  to  gi-ntliMneii.     It   is   iirojiosed    to 

|»revenl  a  man  m  iio  is  about  to  fail,  from  specu- 
uting  in  land.s  which  he  presumes  will  rise  in 


value.  A  man  might  buy,  in  a  flourishing  town, 
or  in  an  agricultural  district,  a  large  amount  of 
land,  and  set  it  ajjart  as  a  homestead  so  as  to  be 
beyond  the  reach  of  his  creditiu's,  and  in  a  few 
years  he  might  thus  become  a  millionaire, 
although  still  keeping  his  property  out  of  the 
hands  of  his  creditors.  We  do  not  desire  to 
enable  a  man  to  acquire  and  hold  any  more 
than  will  suffice  for  a  legitimate  homestead. 

Mr.  DeLONCJ.  Inasmuch  as  the  gentleman's 
jiroposed  amendment  does  not  conflict  with  my 
theory  of  what  a  homestead  should  be,  1  have 
not  much  objection  to  it.  But  then  I  fail  to 
perceive  much  of  logic  in  the  argument.  It 
strikes  me  that  when  the  limit  is  fixed  at  five 
thousand  dollars  at  the  time  when  the  home- 
stead is  entered — when  we  consent  to  incorpo- 
rate that  saving  clause — it  ought  to  satisfy 
every  man.  It  may  be  that  I  might  claim  a  lot 
in  a  village  worth  not  more  than  a  thousand 
dollars.  Then  I  file  my  declaration,  claiming 
it  as  a  homestead,  yet  from  the  growth  of  the 
city,  the  necessity  of  laying  out  new  streets,  or 
something  of  the  kind,  or  a  change  perhaps  of 
the  locality  of  the  principal  business  of  that 
village  or  city,  my  property,  which  was  only 
worth  when  I  bought  it  one,  two,  or  three  thou- 
.sand  dollars,  might  suddenly  become  very  val- 
unable.  like  lots  in  the  city  of  New  York  which 
have  been  known  to  rise  in  value  to  fif^y  or  a 
hundred  thousand  dollars.  There  might  be 
cases  where  such  a  thing  would  occur.  I  admit, 
but  when  it  does  occur,  who  is  injured  by  it? 
I  cannot  see  that  any  one  is.  NoVjody  has  given 
that  man  credit  on  the  strength  of  that  prop- 
erty because  they  knew  they  could  not  levy 
upon  it  and  sell  it  to  pay  his  debts,  even  if  it 
went  up  to  a  hundred  thousand  dollars.  I  shall 
not  object,  however,  to  the  amendment  offered 
l)y  the  gentleman  from  Humboldt,  although  I 
think  tliat  a  man  should  have  as  much  right 
to  enter  a  thousand  acres  of  land  in  the  coun- 
try at  a  dollar  an  acre  as  another  man  has  to 
enter  an  acre  in  a  village  worth  a  thousand 
dollars-  just  as  much  right  to  set  it  ajiart  as  a 
homestead.  It  seems  to  nu'  that  all  men  should 
be  put  on  an  equality  in  that  respect,  whether 
in  town  or  country.  And  suppose  the  land 
set  ajjart  as  a  homestead  does  rise  in  value,  who 
is  injured  by  it?  I  do  not  see  that  any  one  is. 
15ut  still.  I  say.  it  does  not  interfere  with  my 
general  theory  in  regard  to  the  home.  It  cer- 
tainly wfuild  be  an  injury  to  a  man,  if,  the  mo- 
ment his  homestead  comes  to  be  worth  above 
i'wc  thousand  dollars,  it  is  liable  to  be  sold,  and 
he  turned  out  homeless  Into  the  world,  and  it 
would  1)0  a  nuich  great  hardship  if  the  widow 
and  children  were  liable  to  be  turned  out  in 
the  sanu'  manner. 

Mr.  COIJ.INS.  Do  I  understand  that  the 
amendment  of  the  gentleman  from  Humboldt 
is  designed  to  exempt  as  a  liomestead  one 
hundred  and  sixty  acres  of  land  in  the  country, 
or  one  acre  in  a  city,  irrespective  of  the  value 
of  the  land  ? 

Mr.  DkLONG.    No  sir.    That  is  qualified  by 


9tli  day.] 


LEGISLATIVE  DEPARTMENT. 


287 


Wednesday,] 


Collins— DeLono— Fitch. 


[July  13. 


the  balance  of  the  section.  It  can  only  be 
worth  five  thousand  dollars  when  it  is  recorded, 
whatever  may  be  the  extent. 

Mr.  COLLINS.  If  that  is  the  construction  of 
the  amendment  of  the  gentleman  from  Hum- 
boldt, I  do  not  know  that  I  have  any  opposi- 
tion to  make  to  it,  but  I  would  like  to  say  a  few 
words  in  relation  to  the  amendment  of  my  col- 
league from  Storey,  (Mr.  Tozer.)  With  all  that 
my  other  colleague  (Mr.  DeLong)  has  said  in 
reference  to  the  sacredness  of  the  homestead,  I 
cordially  agree.  I  do  think  that  this  idea  of 
the  homestead  is  one  of  the  sublimest  ideas  of 
our  age.  It  is  a  principle  which  has  sought 
form  and  shape,  and  come  like  an  angel  of 
mercy  to  hover  over  and  bless  the  families  of 
our  nation.  And  I  do  tiiink  that,  while  we  are 
engaged  in  framing  an  organic  law  fur  the  gov- 
ernment of  this  State,  it  becomes  us  to  look  well 
to  every  amendment  or  change  we  make, 
and  therefore  we  ought  carefully  to  consider 
whether  or  not  this  amendment  proposed  by 
the  gentleman  from  Storey  is  preferable  to  the 
original  section,  as  contained  in  tbe  printed 
Constitution  adopted  by  the  Convention  of  last 
year. 

Now,  sir,  every  law  is  good  just  in  propor- 
tion as  it  conspires  in  its  operation  to  awaken 
and  develop  sentiments  of  truth  and  justice, 
and  to  inspire  fair  dealing  between  man  and 
man  ;  and  every  law  is  bad  just  in  proportion 
as  it  promotes  or  awakens  a  spirit  of  avarice 
and  dishonesty,  or  in  its  operation  tends  to  pro- 
duce distrust,  deceit,  unfair  dealing  and  dis- 
honesty. When  the  amount  proposed  to  be 
exempted  under  the  homestead  law  is  defined 
and  fixed,  whether  it  be  one  thousand,  five 
thousand,  or  ten  thousand  dollars,  when  there 
is  a  declaration  of  a  fixed  amount,  as  the  ex- 
tent to  which  an  individual  may  invest,  then  he 
knows  that  beyond  that  amount  it  is  dangerous 
for  him  to  invest.  If,  on  the  other  hand,  the 
individual  may  be  allowed,  under  the  opera- 
tion of  this  homestead  provision,  to  invest  a 
thousand  dollars,  or  five,  ten,  twenty,  thirty,  or 
a  hundred  thousand  dollars,  if  he  pleases,  if 
there  is  no  fixed  limit  to  the  amount  of  his  in- 
vestments, it  appears  to  me  that  there  will  be 
an  influence  calculated  to  arouse  in  his  bosom 
a  spirit  of  avarice  and  cupidity.  It  will  be  an 
intimation  to  the  man  who  is  on  the  verge  of 
failure,  when  his  prospects  look  dull  and 
gloomy,  when  a  cloud  hangs  over  his  future, 
which  will  lead  him  to  say  to  himself — "  I  will 
put  an  additional  investment  here,  and  an  ad- 
ditional investment  there,  and  I  will  add  to  my 
homestead  so  as  to  better  my  condition  at  the 
expense  of  my  creditors,  and  I  will  bury  my 
money  here,  so  that  my  creditors  cannot  reach 
it."' 

Mr.  DeLONG.  I  think  the  gentleman  misun- 
derstands the  amendment.  It  says  distinctly 
that  the  homestead  shall  not  be  worth,  at  the 
time  of  its  acquisition,  more  than  five  thousand 
dollars. 

Mr.  COLLINS.   I  understand  that.   But  when 


the  shadow  hangs  over  a  man,  when  there  is 
darkness,  and  danger  of  disaster  and  destruc- 
tion, then  the  time  comes  when  he  is  seized 
with  the  desire  to  save  something  from  the 
prospective  wreck  ;  aiul  Instead  of  paving  lils 
creditors,  will  he  not  l)f  greatly  Iciiiptc'd,  under 
such  a  provision,  to  make  Improvements  in  his 
homestead,  and  to  ex])end  whatever  money  he 
can  in  that  way  ?  His  homestead  may  be  vvortii 
but  a  thousand  dollars  when  he  sets  it  apart  as 
a  homestead,  yet  by  the  exercise  of  genius, 
taste  and  skill,  and  the  expenditure  of  money, 
he  may  be  able  to  throw  Improvenu-nts  around 
the  home  of  his  family  which  may  Increase  ita 
value  perhaps  from  a  thousand  to  a  hundred 
thousand  dollars.  I  think  five  thousand  dollars 
is  a  large  enough  amount  to  seeuri'  to  a  man 
whose  creditors  are  honestly  entitled  to  their 
pay.  I  am  well  aware  that,  as  my  colleague 
says,  there  is  an  advertisement  to  all  the  world 
that  whatever  improvements  he  makes  are  for 
the  benefit  of  the  family  home  alone  ;  but,  never- 
theless, I  fear  that  there  would  be  a  lurking 
temptation  which  would  conspire  to  Induce  a 
man  to  take  dishonest  action,  and  to  divert  that 
money  which  should  be  applied  sacredly  to  the 
payment  of  his  creditors,  to  the  embllishment 
of  his  own  household  arrangements.  If  this 
view  is  not  a  well  founded  one,  if  the  provis- 
ion will  not  really  operate  in  that  way,  I  should 
be  most  happy  to  support  the  amendment  of 
my  colleague,  for  I  do  maintain  that  if  one 
thing  should  be  made  more  sacred  than  another, 
it  should  be  a  man's  home,  where  his  family  is 
congregated. 

Mr.  FITCH.  Will  the  gentleman  allow  me  to 
interrupt  him.  In  the  State  of  Wisconsin  a  law 
has  been  passed  enabling  a  man  to  set  apart  a 
homestead  of  an  acre  of  ground  in  a  city,  and 
the  result  of  it  was  seen  at  the  time  of  the 
crash  in  1848,  when  men  who  were  on  the  point 
of  failing  claimed  homesteads  worth  fifteen  or 
twenty  thousand  dollars,  and  built  themselves 
elegant  houses,  in  which  they  lived  in  spite  of 
their  creditors. 

Mr.  Mr.  DeLONG.  They  could  do  that  under 
this  original  section. 

Mr.  FITCH.  They  could  under  this  amend- 
ment. 

Mr.  DeLONG.    I  think  not. 

Mr.  COLLINS.  It  occurs  to  me  that  there  is, 
under  this  proposed  amendment,  a  temptation 
to  dishonesty,  because  there  is  no  limit  to  the 
exercise  of  a  man's  taste  and  skill  in  the  way 
of  improvements  and  adornment.  I  may  be 
mistaken  in  regard  to  my  construction  of  the 
amendment,  but  if  so,  I  think  I  must  be  very 
stupid. 

The  PRESIDENT.  Will  the  gentleman  let 
the  Secretary  read  the  amendment  again  ;  it 
may  save  time. 

The  SECRETARY  again  read  Mr.  Tozer "s 
amendment. 

Mr.  COLLINS.  I  think  I  am  correct,  and  I 
have  listened  twice  to  the  reading  of  that 
amendment,  and  wilh  great  attention. 


288 


LEGISLATIVE  DEPARTMENT. 


[9th  day 


Wednesday.] 


President — DeLoxg — Collins— Chapix—Tozer. 


[July  13. 


The  PRESIDENT.  The  gentleman  from  I  from  this  time  it  may  be  it  would  not  amount 
Storov  will  pardon  tho  interruption.  He  has  a  to  a  thousand  dollars.  I  oltjoct  to  the  amond- 
righttodraw  his  own  conclusions,  but  as  he  ]  ment,  therefore,  on  the  fecund  that  the  amount 
came  to  a  ditterent  conclusion  from  my  own.  I  is  not  sufficient.  It  seems  to  me  that  we  ought 
thought  he  might  have  misunderstood  the  j  to  sjn-eify  a  niiuh  larger  amount. 
amendment.        "  ^'' •  C(  tLLlN>S.     Dues  the  amendment  fix  any 

Mr  ("Ol, LIN'S.   Does  the  President  still  think   amount  at  all? 
I  am  wrong  ?  !      The  PRIv^IDEXT.     It  specifies  five  thousand 

The   Pul-^inENT.     The  Chair  cannot  say '  dollars  as  the   maximum   value  at  the    time 
that  thou"-h  I  mav  say  it  as  a  member  of  the  \  the  homestead  is  set  ai)art. 
Conventioli.  '  I     Mr.  CHAPIX.     Well,  sir,  that  does  not  afford 

Mr.  DkLONC.   Is  that  fishing  for  an  opinion?    the  protection  which  we  ought  to  extend  to  the 

.Mr.  COLLINS.  I  certainly  thinli  that,  accord-  family  in  our  State.  I  would  not  place  the 
ing  to  the  reading  of  tiie  amendment,  the  quan-  amount  less  than  five  thousand  dollars  in  gold 
titv  of  land  which  may  be  set  apart  for  a  currency,  and  I  would  like  to  see  an  amend- 
ho'mestead  is  unlimited. "  It  may  be  one  acre,  inent  made  in  tliat  particular.  On  the  other 
or  twenty  acres,  or  one  hundred  and  sixty  acres,  hand,  the  matter  is  left  open  by  this  amend- 
And  I  se'e  nothing  tliat  forbids  a  munV  making  I  ment  to  great  evils.  As  my  colleague  has  stated, 
anv  embellisluneiils  in  liis  homestead  he  chooses  there  is  too  much  lial)ility  to  fraud.  There  i.s 
to  "make.  I  ask.  tiierel'ore,  if  the  tendency  will  1  no  provision,  as  I  understand,  limiting  the 
not  naturally  be  that  when  a  man  finds  himself ;  amount  of  improvements.  Having  once  set 
on  the  verge  of  bankruptcy,  whether  as  a  mer- 1  apart  the  homestead,  a  man  may  put  on  im- 
chant.  a  banker,  a  stock-liroker,  or  in  any  other  provements  indefinitely,  and  in  that  way  com- 
business,  he  will  be  induced  to  invest  in  his  mit  frauds  to  a  great  extent.  Therefore,  if  that 
homestead,  and  put  embellishments  and  im- ;  is  the  spirit  of  the  amendment,  I  do  not  ap- 
provements upon  it,  to  the  value,  jx'rhaps.  of  i)rove  of  it.  In  the  first  place.  I  am  in  favor  of 
tliou-amls,  or  even  of  tens  or  hundreds  of  thou-'  putting  in  a  liberal  amount,  and  then  of  estab- 
san<ls  of  dollars?  Tliat  action  would  not  con- J  lishing  a  limit  in  regard  to  improvements,  so 
flict  in  the  least,  that  I  can  perceive,  with  either  I  that  frauds  cannot  be  perjietrated. 
the  letter  or  the  spirit  of  the  homestead  pro-  j  Mr.  TOZER.  I  rise  to  claim  the  privilege  of 
vision.  Men.  having  the  ordinary  frailties  and  i  replying  to  the  olijections  offered  by  my  col- 
weaknesses  of  human  nature,  will  yield  to  such  league  (Mr.  Chapin)  to  the  instructions  pro- 
temiitations.  and  1  ask  if  we  shall  adopt  pro-lpos.'d  by  me  to  lie  given  to  the  committee, 
visions  which  in  their  operation  must  consjiire  The  first  objection  he  urges  is,  that  this  amend- 
to  make  liiiiiest  men  dishonest?  1  would  jire-  ment  should  specify  the  value  of  five  thousand 
fer  to  ilouble  the  amount.  Fix  the  maximum  dollars,  in  gold  coin.  I  most  sincerely  lielieve, 
value  of  the  hfunestc^ad.  if  you  please  at  ten  thou- ,  hope  and  trust,  that  the  time  is  not  far  distant 
sand  dollars,  giving  a  man  an  opjiortunity  to  '  when  the  legal  tender  notes  of  the  National 
make  expenditures  to  that  amount  for  all  those  |  (xovernment  will  be  equal  in  value  to  gold 
mattei->i  which  gratify  his  taste  or  his  genius,  \  coin,  and  I  do  not  think  it  comes  with   good 


but  do  not  offer  him,  while  he  owes  honest 
debts,  and  while  his  creditors  are  suffering,  an 
opp<irtunity  to  defraud  them  by  investing  his 
money  in  that  manner.  A  man's  creilitors 
might  t)f  >ufl'iTing.  and  llirir  wives  and  children 
in  want,  while  the  di-btor,  availing  himself  of 


grace  from  us  to  provide  in  our  Constitution 
for  the  present  disparagement  of  our  national 
currency  or  for  a  prospective  difference  be- 
tween the  value  of  gold  coin  and  the  value  ot 
the  treasury  notes  of  the  Government.  L<'t  us 
set  the  value  at  five  thousand  dollars,  and  trust 


this  provision,  might  l»e  rolling  in  wealth  and  ;  that  that  five  thousand  dollars,  at  a  subsequent 
luxury.  If  gentlemen  can  answer  these  objec-  day.  whether  in  legal  tender  notes  or  in  gold 
tions.  and  maki-  it  clear  to  my  mind  that  there  coin,  will  be  equal  in  value.  I  think  that  a 
is  nothing  lurking  in  that  amendment  which  will  careful  reading  of  the  amendment  and  substi- 
tend  to  make  men  dislinnesf.  and  to  rof)  their  tute  which  I  have  offered,  will  do  away  with 
cn-dilors  <if  that  to  which   they  are  justly  enti-    the   other  objection   of  my  colleague.      It  ex- 


tled.   I   shall    be    most    hap|)y    to    sii))])ort    th( 
amendment. 

Mr.  CHAITX.     I  havr  two  objecticms  to  this 
amendment,  the  f\v<{  of  wliieli  has  not  yet  been 


pressly  ])rovides  that  the  value  of  the  home- 
stead, when  acquired,  shall  not  exceed  five 
thousand  dollars. 

I  have  no  olijection  to  the  amendment  offered 


alluded  to.  although  the  sec<ind  has  tieeii  very  by  the  gentleman  from  Humboldt  (Mr.  Banks.) 
aldy  discus-eil  liy  my  ((dleague.  (Mr.  CoUiiis.V  and  will,  at  the  suggestion  of  my  colleague, 
who  has  just  taken  his  .seat.  The  first  olijec-  (.Mr.  DeLong,)  at  this  time,  accejit  it.  The 
ticm  I  have  is.  that  Ihi-  amendment  does  not  ami-ndment.  as  offered  by  myself,  expressly 
make  ample  provision  for  thc!  family.  It  says  provides  that  the  improvements  in  the  shape  of 
that  Ihi-  homestead— their  castle,  their  refuge  -  |  fences,  ornaments,  and  shrubbery,  or  anything 
shall  not  exceed  five  thousaml  dollars  in  value,  (dse  wliich  goes  to  add  value  to  the  premises, 
and  at  the  present  liiiir-,  in  our  national  cur- 1  shall  not  lie  exemjjted  fnnn  execution,  ))ut  the 
rency.  that  wmild  be  eipial  in  coin  to  only  jiroperty  itself,  the  land  ujion  which  thc  ira- 
about  two  thousand  dollars,  and  in  two  months  '  provements  may  be  put,  shall  be  exempt. 


9th  day.] 


LEGISLATIVE  DEPARTMENT. 


289 


Wednesday,] 


President— TozER— Collins— DeLong. 


[July  13. 


The  PRESIDENT.  If  the  gentleman  will 
permit  me  to  make  a  suggestion,  I  think  he  is 
mistaken  in  his  construction.  1  think  the  gen- 
tleman's amendment  provides  that  those  im- 
provements shall  not  be  exempt  from  execu- 
tion for  indebtedness  contracted  in  making  such 
improvements,  but  they  are  exempted  so  far  as 
it  relates  to  general  indebtedness.  The  lan- 
guage is — "  or  for  the  erection  of  improvements 
theron  "  ;  it  provides  only  that  the  homestead 
may  be  liable  for  the  indebtedness  contracted 
for  the  improvements. 

Mr.  TOZER.  It  should  be  amended  in  that 
respect,  then,  and  I  hope  it  will  be. 

Mr.  COLLINS.  I  should  be  in  favor  of  it, 
then. 

Mr.  DeLONG.  I  wish  to  say  a  word  or  two 
in  reply  to  the  remarks  of  my  colleague  (Mr. 
Collins).  That  gentleman  states  as  an  objec- 
tion to  the  substitute  proposed  by  my  colleague 
(Mr.  Tozer)  what  is  to  be  said  of  any  human 
law  ever  enacted  on  earth,  and  that  is,  that  it  is 
subject  to  abuse.  The  very  law  which  the  gen- 
tleman has  suggested  in  the  place  of  this,  is 
also  subject  to  abuse,  and  I  v.ill  show  him  in 
what  particular.  It  is  very  difficult  to  make  a 
law  by  which,  if  you  owe  me  a  thousand  dollars, 
and  have  a  thousand  dollars  in  your  pocket,  I 
shall  be  enabled  to  collect  my  due  from  you, 
and  that  is  not  done  under  the  particular  home- 
stead law  which  these  gentlemen  desire  to  see 
established.  They  say  if  we  limit  the  value  of 
the  homestead  to  ten  thousand  dollars,  includ- 
ing all  the  improvements,  they  will  vote  for  it. 
But  what  would  be  the  consequence  ?  My 
homestead  will  sell,  say  for  eleven  thousand 
dollars,  and  out  of  that  amount,  ten  thousand 
dollars  in  gold  comes  to  me,  under  a  law  of 
this  kind,  and  I  then  walk  through  the  streets 
of  Carson  with  my  ten  thousand  dollars.  I 
have  got  my  homestead  in  my  breeches  pocket, 
where  you  cannot  touch  it.  I  say,  therefore,  that 
that  law  can  be  abused,  and  every  law  on  earth 
is  liable  to  be  abused  by  bad  men.  Under  the 
operation  of  this  amendment,  some  man,  it  is 
true,  finding  that  he  is  about  to  fail  in  business, 
may  wish  to  secure  to  himself  an  elegant  home, 
if  nothing  else,  and  may  invest  his  money 
in  beautifying  and  adorning  his  homestead, 
prior  to  his  tliihire,  so  that  he  may  have  some- 
thing left  when  he  does  fail ;  but  where  there 
is  one  case  of  that  kind,  there  will  be  a  thou- 
sand cases  where  the  home  will  be  secured  to 
the  family,  and  they  be  made  happy  by  retain- 
ing that  little  spot  of  earth  which  is  always 
sacred  to  the  human  heart.  The  birth-place  of 
the  children  would  be  left  to  them,  and  the 
family  could  still  live  in  the  home  hallowed  by 
the  associations  of  the  past. 

Again,  my  colleague  tells  us  that  a  man  in 
good  and  prosperous  circumstances,  believing 
that  he  is  about  to  fail,  might,  with  the  inten- 
tion of  defrauding  his  creditors,  invest  a  large 
amount  of  money  in  his  homestead  ;  in  other 
words,  that  he  could  put  into  the  homestead 
the  money  which  Is  due  to  his  creditors,  and 
S 


that  he  could  continue  to  do  so  until  he  should 
have  reared  a  i)alace,  and  (hat  jjalace  would  be 
exem])ted  by  law,  under  the  ojicration  of  this 
proposed  section,  from  the  payment  of  his  debts. 
lint  does  the  gentleman  remember  the  old 
rule  of  the  law.  that  fraud  vitiates  everything? 
Does  not  he  know  that  the  homestead  exemp- 
tion would  be  set  aside  when  it  siiould  be 
shown  that  it  had  been  acquired  in  fraud  of  the 
creditors  ?  A  man  may  make  a  deed  of  gift  of 
all  the  property  he  owiis  in  tiie  world,  convey- 
ing it  to  his  wife  and  children,  and  the  law 
rather  encourages  a  proceeding  of  that  charac- 
ter ;  but  if  he  does  it  when  he  is  in  failing  cir- 
cumstances, with  the  purpose  of  securing  his 
property  from  the  grasp  of  his  creditcns,  the 
law  then  steps  in  and  vitiates  and  aniuils  the 
act,  and  says  the  property  must  be  applied  to 
the  payment  of  the  man's  debts.  And  so  it 
will  be  in  the  practical  operation  of  this  pro- 
vision, and  in  this  particular,  under  the  rule  of 
the  law  it  is  not  alone. 

I  say  again,  that  this  idea  of  the  practical 
operation  of  the  present  homestead  law  was 
impressed  upon  my  mind  by  one  of  the  ablest 
jurists  on  the  Pacific  coast— Judge  Field,  of 
Ca,lifornia.  AVe  argued  the  matter  over,  and  I 
raised  the  same  objections  which  have  been 
presented  here,  and  the  conclusions  at  which  I 
arrived,  and  which  I  have  now  stated  i,i  this 
Convention,  are  in  accordance  wdth  the  views 
which  Judge  Field  advanced  to  me  on  that  oc- 
casion. I  do  not,  therefore,  claim  any  origin- 
ality for  this  idea,  but  I  do  claim  that  this  home- 
stead law,  proposed  by  my  colleague's  amend- 
ment, is  not  a  bit  more  subject  to  abu-e  than 
would  be  the  law  which  my  other  colleague 
(Mr.  Collins)  desires  to  see  established.  Then, 
again,  the  results  practically,  would  not  only 
be  more  humane,  but  decidedly  more  in  con- 
sonance with  the  original  object  and  design  of 
a  homestead  law,  which  is  to  give  to  every  man 
security  for  his  castle — for  his  home — to  assure 
him  that  tlie  place  where  his  children  have  been 
born,  shall  not,  in  any  event,  be  taken  away 
from  him — to  give  him  an  opportunity  to  go 
on,  without  any  fear  that  his  little  place  will  at 
last  be  stripped  from  him,  to  make  all  those 
little  adornments  which  are  so  dear  to  his 
heart  If  he  plants  a  tree,  and  watches  its 
growth  and  development,  he  is  saved  from  the 
feeling  tliat  it  may,  after  all,  be  taken  from 
him,  and  that  he  is  only  doing  it  for  the  benefit 
of  a  stranger.  If  a  man  goes  into  business  and 
fails,  the  law  says  that  his  homestead  shall  not 
be  sold  for  his  debts.  This  amendment  says 
that  the  improvements  may  be  sold,  to  pay  for 
any  expenses  incurred  in  making  such  im- 
provements, but  the  laud  which  is  iini)roved, 
cannot  be  sold.  A  man  cannot  borrow  money 
to  improve  his  homestead,  and  expend  it  in 
that  way,  witiiout  the  homestead  iiself  becom- 
ing liable.  The  proposition  is  just  the  same  as 
the  homestead  law  of  Calilbrnia,  with  the  sin- 
gle exception  that  if  the  homestead  increases 
in  value  beyond  the  price  fixed  by  the  statute 


290 


PACIFIC  RAILROAD. 


[9tli  day. 


Wednesday,] 


Warwick — Stanford. 


[July  13. 


after  a  man  has  entered  it,  it  shall  not  for  that 
reason  lie  snatched  away  from  him.  If  it  hap- 
pens tiiat  a  man's  homestead  increases  to  ten 
thousand  dollars  In  price,  then  we  say.  not  that 
it  may  be  sold,  as  under  the  laws  of  Caliruriiia. 
and  he  may  take  his  money  and  jro  into  the 
nuTcantile  business,  or  any  iitlier  business,  but 
that  he  must  contin\ie  to  hold  it,  if  at  all.  as  the 
a.^ylum  of  his  family  ;  and  if  he  docs  that,  he 
shall  retain  his  homestead  still. 

Now.  sir.  I  do  not  say  that  our  law  is  not  go- 
ing to  be  abused  ;  but  1  will  say  this,  that  1  do 
not  believe  that  any  man  m  the  world,  in  his 
Pensi's.  would  undertake,  under  such  a  provis- 
ion, to  improve  his  homestead  at  a  time  when 
he  was  on  the  eve  of  failure  or  bankruptcy. 
And  no  man  would  undertake  it  then,  for  the 
reason  that  the  very  act  itself  would  be  suspi- 
cious, and  wouhl  be  calculated  to  draw  upon 
him.  in  hot  haste,  the  suits  of  creditors,  which 
would  otherwise  have  been  delayed.  It  is  very 
rarely  the  case  that  any  man  fails,  but  what,  to 
the  last,  he  clings  to  the  hope  that  the  point 
where  he  is  threatened  with  bankruptcy  may 
be  pas.sed  in  safety,  and  he  wishes  to  postpone 
the  evil  day  as  long  as  he  can.  And  uiuler  this 
provision,  when  a  man  engaged  in  business 
should  be  seen  at  work  improving  his  home- 
stead to  any  extraordinary  degree,  it  would  at 
once  attract  attention,  and  lead  to  his  fiuancial 
destruction  sooner  than  any  other  act  which  he 
could  perform.  The  law  may  be  al)US('d  to 
some  extent,  but  if  the  money  invested  in  ))usi- 
ness  is  takcm  for  building  ami  improving  the 
homestead,  the  law  would  follow  it  there,  aiul 
would  compel  the  honu'stead  to  bo  responsible 
for  the  amount  expended  on  such  building  or 
improvements. 

1  hope  the  substitute  will  pass,  with  the 
amendmeut  proposed  by  the  gentleman  from 
Ilumbiddt.  (Mr.  Jianks.)  and  1  am  satisfied  tliat 
we  can,  with  such  a  provision,  establish  as  ben- 
eficial u  homestead  system  as  that  which  has 
been  in  operation  in  otiier  States  for  several 
years  past.  And  I  believe,  where  you  will  find 
one  instance  of  its  abuse,  you  wiirfind  at  least 
a  dozen  instances  of  abuses  under  the  home- 
stead law  of  California. 

I'ACIKIf  j:.ui.I{0.\d. 

Mr.  WARWICK.  I  ris('  to  move  a  suspension 
of  the  rules,  and  a  postponement  of  tlie  further 
cnnsideralion  of  tin'  subject  now  l)efore  the 
Convention.  My  reasmi  is,  that  Ex-Governor 
Leland  Stanford,  of  California.  I'resident  of  the 
Central  I'acific  Kailroad  Company,  is  present, 
and  I  know  it  is  the  desire  of  a  great  many 
members  of  the  Convention  to  be  enlightened 
ill  reg.iril  to  that  iiii|iortant  entei-prisi'.  I  Ihere- 
f'lre  move  that  the  rules  be  suspended,  and  the 
further  consideration  of  the  subject  be  post- 
poned for  the  ])n-sent ;  and  further,  that  Ex- 
(rovernor  Stanford  be  invited  to  sj)eak  on  the 
subject  of  the  I'acific  liailroad,  and  also  to  an- 
swer any  cpiestions  which  may  be  put  to  him 
upon  that  subject. 


The  question  was  taken,  and  the  motion  was 

agreed  to. 

KEMAUK.S    BY    EX-GOTEKNOR    STANFORD. 

The  PRESIDENT  introduced  the  Hon.  Leland 
Stanford  of  California,  President  of  the  Central 
I'acific  Railroad  Company  of  California. 

]\Ir.  STANFORD.  Mr.  President  and  gentle- 
men of  the  Convention :  I  appreciate  very 
highly  the  honor  of  the  compliment  which  has 
been  awarded  me.  I  may  say  I  am  very  grate- 
ful for  it  indeed.  Devoting  myself,  as  1  have 
done  for  several  years  i)ast,  and  as  I  am  doing 
at  the  present  time,  to  the  construction  of  the 
Pacific  Railroad,  I  do  not  desire  merely  to  make 
a  speech  on  this  occasion  ;  I  desire  rather  that 
this  interview  shall  partake  more  of  the  charac- 
ter of  a  free  conference,  because  I  am  well  aware 
that  every  gentleman  present  is  earnestly  desi- 
rous of  securing  the  speedy  construction  of  the 
Pacific  Railroad  ;  not  only  the  construction  of 
the  road  across  the  mountains,  but  also  the 
construction  of  the  road  across  the  plains  to 
some  point  that  shall  connect  ns  on  this  coast 
with  the  Atlantic  Slates.  This  is  the  great 
want  not  only  of  Nevada,  but  of  the  entire 
Pacific  coast.  It  is  not  necessary,  of  course, 
that  I  should  dilate  at  all  upon  the  advantages 
to  be  derived  by  the  people  of  this  Territory 
from  the  construction  of  that  road,  either  east- 
ward or  westward  ;  it  is  better,  I  imagine,  that 
1  should  confine  myself  to  pointing  out,  as  well 
as  1  am  able,  how  these  advantages  may  best  be 
obtained.  To  do  so,  I  will  refer  somewhat  par- 
ticularly, and  as  briefly  as  possible,  to  the  posi- 
tion of  the  Central  Pacific  Railroad  of  Califor- 
nia— its  present  condition,  its  prospects,  its 
wants,  and  its  means. 

You  are  well  aware,  gentlemen,  that  Congress, 
liy  the  Act  of  18()2,  granted  liberal  donations  in 
aid  of  the  construction  of  the  Pacific  Railroad, 
limiting  that  aid  only  to  the  extent  of  one  hund- 
red millions  of  dollars.  They  also  gave  by  that 
Act  (),4()()  acres  of  land  to  the  mile  for  the  con- 
struction of  the  road.  Since  that  time,  however, 
another  Act  has  been  passed  by  Congress, 
amending  the  first  Act  very  materisilly.  making 
it  much  more  practical  in  its  character.  The 
first  Act  gave  Sl(i,()00  per  mile  for  building  the 
road  on  the  plains,  and  $-18,()00  per  mile  over 
the  mountains,  and  also  $32,000  per  mile  lor 
passing  through  the  Territories.  That  has  l)een 
changed  by  giving  double  the  amount  of  land 
jjer  mile,  wiiich  was  first  allowed  the  several 
companies.  And  further,  by  the  former  Act,  the 
assistance  of  the  Government  was  made  to  be- 
come a  first  lien  on  the  road  ;  but  by  the  Act 
of  last  session  the  Government  gives"  the  same 
assistance  in  bonds  per  mile,  but  allows  (he 
railroad  company  to  make  a  first  mortguL'-e 
upon  the  road  to  an  equal  amount ;  so  that  now 
when  the  Central  Pacific  Railroad  Comiiuny  le- 
ceives  $18,000  per  mile  in  Government/boinls, 
they  are  allowed  to  make  a  mortgage,  which 
will  be  a  first  mortgage  on  the  road,  to  the  same 
amount,  and  they  receive  the  Government  bonds 


9tli  dav.] 


PACIFIC  RAILIIOAD. 


291 


Wednesday,] 


Stanford. 


[July  13. 


in  addition.  And,  as  the  base  of  the  monntains 
has  been  determined  by  the  President  to  be  only 
about  eight  miles  from  Sacramento,  it  amonnts 
practically  to  assuring  $!)(),000  per  mile  towards 
the  construction  of  the  road,  one-half  in  the 
bonds  of  the  company,  and  the  other  half  in 
bonds  of  the  United  States.  This,  of  course,  is 
a  large  assistance,  but  still  it  is  not  sufficient  of 
itself  to  construct  the  road  over  the  mountains, 
many  miles  of  which  will  cost  much  more,  and 
very  little  of  it,  from  the  present  terminus,  will 
cost  much  less.  Therefore,  you  will  observe, 
that  the  means  of  the  company,  so  far  as  credit 
is  concerned,  to  wit :  the  first  mortgage  bonds, 
of  $48,000  per  mile,  of  its  own  mortgage  bonds, 
and  the  $48,000  per  mile  of  the  Government 
bonds,  especially  if  in  currency,  is  notsulficient 
to  construct  the  road. 

The  question  therefore  arises,  how  shall  the 
necessary  means  be  obtained  for  building  the 
road  ?  After  the  first  mortgage  made  on  the 
road  of  $48,000  per  mile,  and  then  the  Govern- 
ment assistance,  becoming  second  mortgage 
bonds  to  the  same  amount,  are  expended,  so 
far  as  borrowing  is  concerned,  the  means  of  the 
Company  must  necessarily  be  exhausted,  be- 
cause third  mortgage  bonds  would  be  of  very 
little  value  if  they  were  issued.  Its  dependence 
after  that,  therefore,  becomes  merely  the  stock 
subscriptions  and  the  earnings  of  the  road. 
But  in  this  country,  where  money  is  worth  two 
per  cent,  per  month,  or  about  that  on  the  aver- 
age, it  can  hardly  be  expected  that  there  will  be 
any  large  amount  of  stock  subscriptions,  espe- 
cially wliere  an  immediate  return  in  money  is 
not,  and  cannot  be  anticipated.  Therefore,  so 
far  as  stock  is  concerned,  we  must  depend  upon 
foreign  assistance,  or  subscriptions.  A  great 
point  is  to  give  confidence  abroad  in  the  stock 
of  the  company,  so  that  in  time,  as  the  road 
progresses,  and  is  doing  a  fine  business — as  no 
doubt  it  wall — the  company  may  entertain 
strong  hope  that  there  will  be  such  confi- 
dence abroad  in  the  stock  of  this  railroad  that 
people  ill  communities  where  money  is  not 
worth  more  than  five,  six.  or  seven  per  cent.,  at 
most,  per  annum,  will  be  willing  to  come  for- 
ward and  invest  in  it.  On  this  side  we  have 
for  some  time  reached  the  conclusion  that  it  is 
vain  to  seek  for  further  subsciptions,  at  present, 
to  the  stock. 

Now  then,  gentlemen,  I  hardly  know  how  to 
address  you  in  reference  to  this  subject  without 
appearing  to  interfere,  perhaps  too  much,  in 
your  deliberations  ;  but  I  will  say  this,  that  if 
you  desire  to  aid  the  Pacific  Railroad — and  I 
am  quite  sure  you  do — the  proper  and  most 
etfectual  mode  of  doing  so  is  by  assisting  it 
over  the  mountains.  This  railroad  is  not  a 
mere  California  project,  as  some  have  alleged, 
nor  a  project  which  interests  only  people 
outside  of  your  own  Territory  ;  on  the  contrary, 
it  is  an  enterprise  in  which  the  people  of  this 
Territory  are  as  much  interested  as  any  people 
in  the  world,  and  even  more,  for  without  it  you 
are  isolated.     The  people  of  California  do  not 


need  a  railroad  to  Nevada  so  much  as  the  peo- 
ple of  Nevada  need  a  railroad  to  California. 
Now,  my  idea  is.  that  the  true  way  for  vou  is  to 
nld  the  railroad  while  it  is  passing  over  the 
mountains  ;  and.  that  you  may  make  yourselves 
entirely  secure  that  whatever  aid  you  give 
shall  not  be  thrown  away,  or  be  misapplied, 
you  can  say  that  your  aid  shall  not  come  in 
until  the  road  has  reached  a  certain  distance 
from  navigable  waters,  or  from  the  Sacramento 
river  ;  for  instance,  when  it  has  reached  fifty,  or 
sixty,  or  seventy  miles  into  the  mountains!  It 
will  then  materially  cheapen  the  means  of 
transportation,  both  of  freight  and  passengers, 
and  having  done  that  you  can  say  that  we  will 
give  you  so  much,  and  then  as  it  progresses  this 
way,  so  much  more  for  every  ten  miles  further, 
until  the  amount  which  you  aVe  willing  to  appro- 
priate shall  be  exhausted.  You  mav  feel  en- 
tirely sure  that,  after  the  road  has  rea"ched  the 
summit,  it  will  come  this  way  as  far  and  as  fast 
as  the  means  of  the  company  and  the  labor  of 
men  will  permit.  So  t\u-  as"  the  Government 
aid  is  concerned,  the  Government  assistance, 
with  a  mortgage  of  $.32,000  a  mile,  will  afford 
means  amply  sufficient  to  construct  the  road 
through  your  territory.  AVhenevcr  it  reaches 
the  line,  how  fast  it  shall  progress  eastwardly 
is  only  a  question  how  fast  the  track  can  be 
laid,  because  the  grading  on  the  line  selected 
can  always  be  kept  far  in  advance  of  the  track. 

The  State  of  California  last  winter  provided 
by  law  for  the  payment  of  the  interest  on  a 
million  and  a  half  of  the  bonds  of  the  company 
for  twenty  years.  This  is  a  very  great  and  mate- 
rial assistance,  not  only  because  it  pays  the  inter- 
est, and  so  far  relieves  the  company,  but  also  be- 
cause it  tends  to  strengthen  the  "credit  of  the 
company,  and  to  give  confidence  to  those  who 
might  desire  to  invest  in  the  stock  of  the  com- 
pany, which  is  a  very  great  point  in  any  assist- 
ance of  a  public  nature  which  may  be  given  to 
the  road. 

The  present  company  has  constructed  thirty- 
one  miles  of  road,  and  it  has  purchased  the 
iron  and  rolling  stock  necessary  for  sixty  miles, 
all  of  which  is  paid  for.  and  most  of  which  has 
been  delivered.  The  freight  money  alone,  on 
the  m.aterial  shipped  from  New  York  to  San 
Francisco,  which  we  have  paid  out.  has  amounted 
to  over  $250,000  up  to  the  present  time.  The 
company  owes  no  floating  debt ;  all  of  its  con- 
tractors are  paid  ;  every  article  for  the  road, 
all  of  its  supplies  and  the  iron  and  the  rolling 
stock  for  the  first  sixty  miles,  are  paid  for  :  and 
the  company  owes  nothing  except  the  first 
mortgage  bonds  of  the  road,  amounting  to  a 
million  and  a  half  of  dollars,  not  all  of  which, 
however,  have  yet  been  negotiated. 

So  fiir,  this  work  has  been  done  by  the  sub- 
scriptions of  the  individual  stockholders,  and 
the  assistance  derived  from  the  subscription  of 
the  county  of  Sacramento,  amounting  to  $300.- 
000,  and  the  subscription  of  the  county  of  Pla- 
cer, to  the  amount  of  $2.50.000.  Most  of  the 
county  bonds  are  yet  owned  by  the  companj. 


292 


PACIFIC  RAILROAD. 


[9th  day. 


Wednesday,] 


Fitch — Staxfobd— DeLong— AVakwick. 


[July  13. 


None  of  the  State  or  National  aid  has  yet  been  I 
received  bv  the  coiiiiiany,  but  ni-arly  all  that  | 
has  yet  Wi'n  done  lias  beeu  doiu-  l)y  tin-  indi- 1 
viduiil  subscriptions  of  stockholders.  Thirty- 
one  miles  of  lirsl-class  road  have  been  con- 
structed, and  we  are  sui)plied  with  all  the  roll- 
ing stock  and  iron  necessary  for  sixty  miles. 
This,  in  brief,  is  the  present  condition  of  the 
road. 

So  far  as  the  route  is  concerned,  wc  took  a 
great  deal  of  pain.-?  to  ascertain  which  was  the 
best  route.  I.  myself,  wrote  a  great  many  let- 
ters to  dilferent  men  who  were  acquainted  with 
various  pas;ses  through  the  mountains,  and  we 
made  a  reconnoisauce  of  the  dilferent  routes 
supi)Osed  to  be  ]»racticahle.  and  finally  became 
entirelv  i<alisfied  that  the  route  selected  is  alto- 
getherthe  best  ;  allowing  the  road  to  be  con- 
structed at  much  less  e.vpeuse,  and  in  much 
le.ss  time  than  by  any  other  route. 

Now.  allow  uie  to  say  this— and  I  only  know 
what  tl»e  action  of  the  Convention  has  been  on 
this  subject.  l)y  what  I  have  seen  in  one  of  the 
papers— that  you  i)ropose  to  give  your  aid  to 
the  road,  only  after  it  reaches  the  Territory. 
and  then  to  the  first  road  that  shall  reach  it- 
allow  me.  very  respectfully,  to  say,  that  in  my 
opinion,  that  action,  instead  of  aiding  the  road. 
Is  calculated  to  delay  its  construction,  because 
you  thereby  raise  a  doubt  as  to  whether  or  not 
this  road— which  Congress  has  aided,  which  the 
State  of  California  has  aided,  which  the  coun- 
ties of  riacer  and  Sacramento  have  aided,  and 
which  the  county  of  San  Francisco  will  aid, 
either  to  tlie  e.vtent  of  S400,()()0.  without  taking 
stock,  or  by  a  subscription  of  .'?tiOO,000— has  a 
practicable  route.  And  you  also  say  to  people 
abroad,  when  we  go  abroad  to  negotiate  our 
securities,  ihut  there  is  a  doubt  whether  we 
have  the  best  route  or  not ;  and  more  than  that, 
that  tJiere  may  po.ssibly  be  a  i)arallel  and  rival 
road  constructed.  To  the  extent  to  which  you 
throw  a  doulu  upon  this  Ijcing  the  only  route. 
when  wc  go  into  the  market  to  negotiate  our 
securities,  or  to  sell  our  stock,  to  that  extent 
y«)U  depreciate  their  value,  and  to  that  extent, 
of  course,  you  prevent  the  construction  of  the 
road. 

Now,  gentleman,  if  ever  a  railroad  is  to  be 
built  over  tlic  mountains-  iuul  i  trust  it  will 
b  ',  inside  of  tiiree  years,  hecause  1  know  it  is 
entirely  practicable  — it  will  be  that  one  which 
ha.s  received  the  Natiomil  aid.  Congress,  while 
it  donates  in  aid  of  the  I'acilic  Railroad  over 
one  hunrjred  millions  of  dcdlars,  and  gives  it 
thousainls  of  acres  of  land  to  the  mile,  operates 
through  the  various  companies  already  in  ex- 
istence, one  ot  which  is  the  Central  I'acilic  Rail- 
road (jompany  <jf  California  ;  and  whatever  is 
done  to  assist  those  comj)anies,  to  that  extent 
co-operat<-s  with  the  eflbrls  r)t  the  (General  (lov- 
«'rniiierit.  and  whati-vcr  is  doiu'  to  antagonize 
the  ell'ort.s  of  one  <d'  those  companies,  to  that 
extent,  of  course,  antagonizes  the  ellorts  of  the 
General   Covernment    to    Imild    the    railrcjad. 

ThLi  is,  in  brief,  the  view  which  1  take  of  this 


subject.  I  do  not  desire  to  occupy  your  time 
by  making  a  speech.  It  is  a  question  of  iin- 
Iiortance.  it  is  true,  but  I  think  it  better  that 
we  should  have  rather  an  individual  and  con- 
versational meeting,  than  that  1  should  endeavor 
to  make  any  formal  speech.  I  should  be  pleased 
to  hear  the  views  of  members,  and  I  will  en- 
deavor to  answer  any  questions  which  gentle- 
men mav  see  fit  to  put  to  me. 

Mr.  FITCH.  1  will  ask  Governor  Stanford, 
what  is  the  a\erage  estimated  cost,  per  mile,  of 
buililing  the  road  from  Sacramento  to  the  State 
line '.' 

Mr,  STANFORD,  The  original  estimate 
made  by  Mr.  Judah,  the  chief  engineer,  w'ho 
made  the  surveys,  was,  that  it  would  cost  be- 
tween twelve  and  thirteen  millions  ot  dollars  ; 
that,  however,  was  prior  to  any  action  of  Con- 
gress giving  assistance  to  the  road,  and  it  was 
not  then  contemplated  to  build  so  good  a  road 
as  the  act  of  Congress  requires.  That  requires 
a  first-class  road,  in  every  Vespect.  A  road 
might  be  built  which  would,  to  some  extent, 
answer  the  pui  poses  of  a  railroad,  at  some  less 
expense.  Since  that  time  there  never  has  been 
a  complete  estimate  of  cost  for  a  first-class  road, 
such  as  we  are  building. 

Mr.  DeLOXG.  I  will  ask  the  Governor  this 
question.  What  do  you  suppose  the  bonds  of 
the  State  of  Nevada  for  $3,000,000.  at  seven  per 
cent,  a  year  interest,  could  be  negotiated  for 
abroad,  without  a  railroad  running  to  our 
borders  ? 

Mr.  STANFORD.  Really,  Mr.  DeLong.  with- 
out a  road  at  least  contemi)lated,  they  would 
be  very  low  in  the  market,  in  my  o])inion. 

Mr.  bhiLONG.  Do  you  think  they  would  .sell, 
in  the  aggregate.for  more  than  $750,000? 

Mr.  STANFOItD.  Yes,  sir,  1  think  they  wonld 
realize  over  that  amount,  and  certainly  with  the 
prospect  of  a  railroad  ;  because,  the  moment 
it  is  ct'rtain  that  a  railroad  will  be  constructed, 
as  it  is  well  kiujwii  that  you  have  mines  here 
which  that  road  will  supply  and  develope,  the 
credit  of  the  State  would  be  enhanced.  In 
view  of  the  number  of  mines  now  undeveloped, 
or  partially  developed,  the  fact  that  the  road  is 
to  be  built  would  give  your  bonds  a  very 
good  standing  in  the  ma  ket. 

Mr.  DkLONCI.  How  far  from  the  present 
terminus  of  the  road,  is  iho  summit? 

Mr.  ST.\NF(JR1).  It  is  one  hundred  and  four 
miles  from  Sacramento  to  the  summit. 

Mr.  DkLONG.  Then  it  is  forty-four  miles 
from  that  point  on  the  road  to  which  you  have 
the  necessary  supplies  of  iron  and  rolling  stock 
to  tlie  summit.  Is  there  only  one  summit  on 
your  route  ? 

Mr.  STANFORD.  There  is  only  one  to  pass 
over.  Through  the  eastern  summit  the  railroad 
follows  the  outlet  of  l^ake  Tahoe.  It  comes 
thioiigh  the  eastern  summit  with  a  descending 
grade  of  forty-two  feet  to  the  mile. 
j  Mr.  WAIiU'lCK.  I  desire  to  a.sk  a  question. 
Do  you  not  think  that  if  the  rate  of  int(!rest  ohj 
;  the  negotiable  paper  of  the  State  of  Nevada; 


9th  day.] 


PACIFIC  RAILROAD. 


293 


Wednesday,] 


Stanford— NouRSB— Fitch — Collins— Tozer. 


[July  13. 


were  ten  instead  of  seven  per  cent.,  it  would  be 
much  more  easily  negotiated  than  at  the  rate 
proposed,  wliich  is  seven  per  cent.,  and  also 
that  it  would  bring  a  better  price  ? 

Mr.  STANFORD.     Oh.  certainly. 

Mr.  NOURSl'l  Suppose  we  could  not  pay — • 
and  it  is  well  known  that  we  could  not  — 
seven  per  cent,  interest,  would  it  make  the 
bonds  any  more  negotiable  to  fix  the  rate  of 
interest  at  ten  per  cent.  ? 

Mr.  STANFORD.  In  that  case,  I  should  sup- 
pose not. 

Mr.  FITCH.  Does  not  Congress  restrict  the 
rate  of  dividends  on  your  stock  to  ten  per  cent.? 

Mr.  STANFORD.  Whenever  it  is  above  ten 
per  cent.  Congress  reserves  the  right  to  restrict 
and  limit  it. 

Mr.  FITCH.  I  suppose  that  is  the  difficulty 
in  regard  to  the  subscriptions  in  California. 

Mr.  STANFORD.  Not  altogether,  Mr.  Fitch. 
The  difficulty  is  this :  This  company  has  the 
right  to  continue  the  building  of  tliis  road  until 
it  meets  the  other  road  coming  from  the  East. 
and  of  course,  there  will  be  no  cash  dividends 
until  that  time,  as  all  the  means  of  the  company 
will  be  used  in  pushing  the  I'oad  toward  the 
East. 

Mr.  COLLINS.  I  understand  that  California, 
by  her  enactments,  agreed  to  pay  the  interest 
on  the  bonds  of  the  company  to  the  amount  of 
a  million  and  a  half  of  dollars,  for  twenty  years 
to  come. 

Mr.  STANFORD.  Yes,  sir  ;  the  interest  being 
at  seven  per  cent,  per  annum. 

Mr.  COLLINS.  The  State  does  not  propose 
to  pay  the  principal,  then  ? 

Mr.  STANFORD.  No,  sir;  the  company  pays 
the  principal.  The  payment  of  interest  by  the 
State,  makes  the  bonds  very  desirable,  and  it  is 
practically  about  as  much  assistance  to  the  com- 
pany, as  if  the  State  paid  the  principal.  It  not 
only  makes  the  bonds  good,  but  it  strengthens 
the  stock  of  the  company. 

Mr.  COLLINS.  What" is  the  highest  grade  in 
crossing  the  summit,  which  the  company  will 
have  to  overcome?  I  mean  the  maximum 
grade  ;  how  many  feet  per  mile? 

Mr.  STANFORD.  The  maximum  grade  is 
one  hundred  and  five  feet  to  the  mile. 

Mr.  COLLINS.  You  now  have  thirty-one 
miles  completed.  What  is  the  highest  grade 
on  that  distance  ? 

Mr.  STANFORD.  We  have  four  miles  of  the 
maximum  grade  of  one  hundred  and  five  feet, 
and  there  are  three  miles  of  between  eighty 
and  ninety  feet  grade  to  the  mile. 

Mr.  COLLINS.  I  believe  there  is  to  be  an 
extensive  tunnel  somewhere  near  the  summit ; 
is  there  not? 

Mr.  STANFORD.  The  longest  tunnel  on  the 
route,  according  to  our  surveys,  is  one  thousand 
and  fifty  feet,  and  that  will  take  us  more  time 
than  any  other  one  mile  of  the  road  ;  but  our 
engineers  are  confident  that  they  can  run  it  in- 
side of  fifteen  months. 
Mr.  COLLINS.     Is  that  at  the  summit? 


Mr.  STANFORD.  No,  sir  ;  it  is  about  sev- 
enty-eight miles  from  Sacramento. 

Mr.  COLLINS.  What  is  the  number  of  tun- 
nels that  the  company  will  have  to  make? 

Mr.  STANFORD.  I  do  not  know.  Tin-  tun- 
nels which  we  originally  contemplated,  we  tiiid 
on  a  more  careful  survey,  are  generally  thrown 
out,  and  this  tunnel  of  one  thousand  and  fitly 
feet  our  present  engineer  thinks  can  ))e  thrown 
out  entirely,  by  a  little  more  oirve. 

Mr.  COLLINS.  Without  any  more  grade 
than  one  hundred  and  five  feet  to  the  mile? 

Mr.  STANFORD.  Yes;  we  limit  the  grade 
to  that ;  we  are  limited  by  the  Act  of  Congress, 
to  that  of  the  Baltimore  and  Ohio  road,  the 
maximum  grade  of  which  is  one  hundred  and 
sixteen  feet  to  the  mile  ;  but  we  find  that  it  is 
not  necessary  to  have  any  grade  of  more  than 
one  hundred  and  five  feet  to  the  mile. 

Mr.  TOZER.  I  understand  you  to  say  that 
no  part  of  the  Government  aid  has  thus  far 
been  used  in  the  construction  of  the  road? 

Mr.  STANFORD.     Not  a  dollar. 

Mr.  TOZER.  Then  what  are  the  contingen- 
cies? Can  you  depend  upon  the  aid  being 
granted  to  this  road  rather  than  to  anv  other? 

Mr.  STANFORD.  Yes,  sir  ;  because,  in  the 
Act  of  Congress,  the  companies  to  build  the 
road  and  receive  the  donations  are  specified  by 
name.  The  Central  Pacific  Railroad  Company 
was  organized  under  the  laws  of  the  State  of 
California,  and  was  in  existence  anterior  t )  the 
passage  of  the  act  of  Congress ;  and  if  you 
will  observe — I  have  the  act  here — that  compa- 
ny is  recognized  in  the  act  of  Congress,  and  the 
five  companies  named  are  the  only  ones  that, 
under  the  act,  can  derive  any  aid — three  on  the 
eastern  end,  including  the  branches  there,  and 
then  the  Union  Company,  and  the  Central  Pacific 
Company,  on  this  end.  These  are  the  only 
ones  which  can  receive  any  of  the  aid.  The 
donations  are  specifically  made  to  them.  The 
Central  Pacific  Railroad  Company  has  the  right 
to  build  eastwardly,  until  it  meets  the  other 
companies. 

Mr.  T(_)ZER.  How  soon,  then,  do  you  think 
the  road  on  this  side  can  demand  and  receive 
any  portion  of  the  aid  of  the  Government? 

Mr.  STANFORD.  Our  company  is  in  a  con- 
dition to  demand  a  portion  of  the  aid  immedi- 
ately. Under  the  old  law.  which  ])rovi(lc(I  for 
the  construction,  after  forty  miles  had  been 
completed  across  the  plains,  it  was  i)rovided 
that  there  should  be  an  appointiiu-nt  of  Com- 
missioners, an  1  until  such  Commissioners  had 
been  appointed,  and  had  rejiorted,  we  could 
receive  no  assistance  from  th((  (Government; 
l)\it  it  allowed  the  bonds  to  be  isstu'd  lor  every 
twenty-five  miles  in  the  mountains.  Now,  our 
road  commencing  at  Sacramento,  runs  into  the 
mountains  very  soon,  but  there  is  no  provision 
for  granting  us  aid  until  we  shall  have  forty 
mile's  constructed.  But  the  act  of  last  winter, 
I  understand,  provides  for  the  appointment  of 
this  Commission  at  once,  and  then  we  sh^U  got 
the  aid  immediately. 


294 


PACIFIC  RAILROAD. 


[9th  da/.. 


Wednesday,] 


FiTcn — Stanfokd — DeLoxg. 


[July  13. 


Mr.  FITCH.  I  undei-stand  you  to  say  that 
$48,000  per  inile  will  be  received  from  the  Fed- 
oral  CJoverniiu'iit  ;  that  the  eoiiipaiiy  have  \h'Y- 
intssiun  to  raise  Sts.OOU  per  mile  more  on  tiie 
road,  in  aiitieipatiun  of  tiie  Government  aid. 
be.<ides  tlie  aid  of  a  million  and  a  half  from 
California,  and  the  aid  of  SIOO.OOO  or  S(iOO,000 
from  San  KraiKiseo.  and  the  aid  also  of  S2aO,- 
000  fn>m  tiie  County  of  Placer,  and  the  SIJOO,- 
000  from  .^aeramciito  County.  1  understand 
that  yun  have  all  this  aid  from  the  counties,  as 
well  "as  from  the  .State,  and  that  in  the  expendi- 
ture ot  this  aid,  you  are  restricted  to  the  State 
line. 

Mr.  STANFORD.  The  Pacific  Railroad  Com- 
pany, so  far  as  its  first  orfjanization  is  concern- 
eil.  iiad  iiuly  the  rii_dit  to  build  to  the  Stato  line. 
It  was  only  organized  I'or  that  purpose,  but  by 
the  act  of  last  winter,  we  have  the  right,  so  far 
as  the  State  could  confer  it.  to  ))uild  eastward- 
ly,  and  the  National  Government  has  also  con- 
ferred the  right  to  do  so. 

Mr.  FITCH.  I  understand  that  the  money 
given  by  San  Francisco,  and  by  the  State,  and 
by  these  counties,  can  be  e.\]n'n(l('d  cither  with- 
in or  without  the  State  of  California,  as  the 
company  ])leases. 

Mr.  STANFORD.  Yes,  sir  ;  the  entire  sub- 
ject is  umlcr  our  control. 

Mr.  FITCH.  I  believe  you  did  not  state  the 
amount  of  the  estimated  cost  per  mile. 

Mr.  STANFORD.  It  will  probably  cost  at 
least  twelve  or  thirteen  millions  of  dollars  for 
the  construction  of  a  first-class  road  to  the 
State  line. 

Mr.  DkLONG.  Inasmuch  as  the  appropria- 
tion heretfdbre  proposed  by  the  Convention  is 
not  agreeable  to  you  in  its  present  form,  and 
inasmuch  a.s.  if  we  nuike  a  direct  issue  of  three 
millions  of  dollars  in  b(inds.  it  will  not  be  worth 
much  —  taking  either  horn  of  the  dilemma  — 
what  is  it  the  wish  of  the  company  we  should 
do?     Let  von  alone  ? 

Mr.  ST.VNFoRD.  I  would  prefer  that  you 
should  let  us  alone  rather  than  jirovide  that  the 
State  shall  grant  assistance  to  the  first  road 
that  comes  to  the  ."^tate  line,  and  thereby  impair 
confidence  in  this  route. 

Mr.  DkLONG.      We  want  to  stimulate  strife. 

Mr.  .STANFOIM).  Vo:i  can  hardly  e.\].ect  to 
get  two  roads  built  acioss  the  mountains,  Mr. 
DeLong. 

Mr.  DkLONG.  We  do  not  want  more  than 
«»ne.  but  we  want  that  ;ls  soon  as  possil)le. 

.Mr.  STANFMlH).  There  is  no  doubt  but 
what  the  mad  that  eimies  across  the  mountains 
will  be  that  one  which  the  Govenmeut  aids,  and 
this  is  the  only  company  now  organized  with  a 
view  to  constructing  a  road  over  the  nionn- 
tiins.  There  is  no  other  (ompany  organized 
for  that  purpo,<e.  and  nobudy  else  has  ]iroposed 
tr)  coii-ilrui't  a  road  further  towarils  tin-  Terri- 
tory itiau  riacerville.  So  fir  as  our  jiresent 
inform  itiiiti  goes,  we  do  not  know  that  any 
other  roa<l  will  ever  attempt  to  cross  the  moun- 
tuins.  j 


Mr.  DeLONG.  Then  I  understand  you  to 
say  that  you  jirefer  that  there  should  be  no  do- 
nation at  all,  ratiu'r  than  to  limit  it  as  this  prop- 
osition is  now  limited '! 

Mr.  STANFORD.  I  do  not  know  exactly 
what  you  have  done. 

.Mr.'  DkLONG.  AVe  propose  to  give  fifty 
thousand  dollai's  a  mile  for  every  mile  of  rail- 
road that  shall  be  built  within  our  Territory,  to 
the  company  that  shall  first  construct  a  road 
to  this  TerritiUT,  which  shall  connect  us  with 
navigable  wati-rs.  That  proposition  is  contained 
in  our  constitutional  provision  as  it  stands  now. 
AV'e  have  either  got  to  make  the  aijproprialiou 
outright,  to  leave  it  for  the  comi)any  to  call  for 
the  first  a])i)roi)riation  in  bonds  which  shall  first 
reach  our  borders,  or  else  to  nmke  no  appro- 
priation at  all.  Which  of  the  three  measures 
would  vou  advise? 

Mr.  STANFORD.  With  the  exce])tion  of  the 
implied  doubt  as  to  the  company  which  has  the 
ability  to  construct  the  road,  ^here  is  no  par- 
ticular objection  that  I  see.  Of  course,  when 
we  get  our  road  over  here,  we  should  be  very 
glad  to  receive  this  aid  to  construct  the  road 
along  through  the  Territory,  as  our  hojjo  is  not 
to  be  delayed  too  long  in  getting  across  the 
mountains.  But,  as  I  said  before,  the  loan  is 
not  really  necessary  to  get  across  the  Territor_y. 
The  Government  aid  being  a  second  lien,  makes 
the  mortgage  bonds  of  the  company  good,  and 
that  insures  the  completion  of  the  road  across 
the  Territory  as  fast  as  the  track  can  be  laid,  so 
soon  as  once  the  mountains  are  overcome. 

Mr.  DeLONG.  Then  the  proposition  would 
suit  you  very  well  if  that  jtart  were  stricken 
out  which  provides  for  giving  it  to  the  first 
company,  thus  leaving  out  the  doubt  as  to 
whether  or  not  there  can  be  another  company 
or  road  which  is  likely  to  cross  the  mountains 
first. 

Mr.  STANFORD.  That  would  suit  us,  so  far 
as  going  through  the  Territory  is  concerned, 
but  really  that  is  no  concern  to  the  I'acific 
Railroad  Company,  because  the  company  is 
confident  of  its  ability  to  push  the  road  after 
it  once  reaches  the  State  line,  as  then  the  dilh- 
culty  of  crossing  the  mountains  will  be  en- 
tirelv  surmounted. 

Mr.  1)kLON(;.  Then  you  ask  that  Avhatever 
a])pro])riation  is  made  shall  be  made  so  as  to 
be  available  as  soon  as  possible,  and  so  as  to 
allow  you  to  use  it  on  the  mountains  or  else- 
where, as  vou  please. 

Mr.  ST. \N FORD.     Yes,  sir. 

.Mr.  DkLONC;.  Would  it  be  any  advautage 
to  yon  to  api)r(i)U'iate  three  luillinns  in  l)onda 
that  would  not  sell  for  over  one  huudri'd  and 
liltv  thousanil  dollars? 

.Mr.  STANFORD.  It  would  only  aid  the  road 
to  that  amount,  anil  that  would  be  too  great  a 
sacrilice  to  make  ;  but  I  think,  lu'vertheless,  that 
with  the  prospect  of  a  railroad  reaching  the 
Territory  at  an  early  day,  we  may  be  quite 
confident  that  these  l)onds  would  stand  well  in 
the  market,  because  not  only  yourselves  here, 


nth  day.] 


PACIFIC  RAILROAD. 


295 


Wednesday,]   DeLong — Stanford — Kinkead — Fitch — Parker — Hawley — President.  [July  1 3. 


but  the  people  in  California,  and  in  fact  the 
whole  world,  have  a  very  high  estimate  of  the 
natural  resources  of  your  Territory ;  and  the 
moment  you  have  a  reasonable  means  of  com- 
nmnication  for  freight  and  passengers,  you 
must  have  a  population,  and  the  bonds  of  the 
State  of  course  will  be  valuable.  But  after  all, 
while  we  are  coming  over  the  mountains  is  the 
time  to  give  us  effectual  assistance.  As  to 
whether  the  bonds  should  be  issued  or  not,  is 
another  question.  You  are  as  much  interested 
in  the  bonds  as  the  railroad  company  is,  but  if 
you  prefer  not  to  issue  the  bonds,  I  can  only  say 
that  the  people  of  the  State  of  Nevada  would 
be  very  welcome  to  take  stock  in  the  road,  and 
they  could  assist  us  in  that  way. 

Mr.  DeLONG.  We  should  object  to  this 
issuing  of  three  millions  of  dollars  in  bonds,  if 
it  is  not  going  to  do  considerable  good. 

Mr.  STANFORD.  You  could  give  the  aid  in 
a  very  efficient  and  acceptable  shape  by  pro- 
viduig  for  the  payment  of  the  interest  on  the 
bonds  of  the  company,  as  California  has 
done. 

Mr.  DeLONG.    To  what  amount? 

Mr.  STANFORD.  As  much  or  as  little  as 
you  choose. 

Mr.  KINKEAD.  When  will  the  road  be  fin- 
ished as  far  as  you  have  the  material  now  on 
hand? 

Mr.  STANFORD.  During  the  coming  winter, 
we  expect.  Allow  me  to  state  why  it  has  not 
gone  forward  faster  this  spring  and  summer. 
We  have  as  yet  received  nothing  from  San 
Francisco,  nor  from  the  National  or  State  aid ; 
neither  have  we  made  a  mortgage  such  as  was 
contemplated  by  the  California  Legislature  of 
last  winter.  There  is  a  million  and  a  half,  of 
course,  of  very  desirable  securities  which  we 
could  place  in  the  market,  but  we  have  not  done 
so  because  we  did  not  know  exactly  how  it 
should  be  done  until  Congress  should  take  the 
action  which  it  did  take  at  the  last  session.  Now, 
as  soon  as  we  receive  the  liill  passed  by  Con- 
gress, and  get  all  the  details,  we  shall  make  that 
mortgage,  and  of  course  we  shall  push  the 
work  forward.  It  will  take  only  about  six 
months  to  complete  that  portion  of  it  after  we 
fairly  set  to  work. 

Mr.  KINKExVD.  That  is,  if  you  get  the 
means. 

Mr.  STANFORD.  With  the  State  aid,  and 
our  assets,  we  are  abundantly  able  to  complete 
the  sixty  miles. 

Mr.  FITCH.  Do  you  propose  that  these 
bonds  which  you  are  about  to  issue  shall  be  first 
mortgage  boiuls? 

Mr.  STxVNFORD.     Yes.  sir. 

Mr.  FITCH.  Then  the  State  guarantees  only 
the  bonds  ? 

Mr.  STANFORD.  No.  sir.  The  State  only 
pays  the  interest  for  twenty  years.  It  actually 
pays  that  interest,  so  that,  in  addition  to  the 
credit  of  the  company  as  a  guarantee,  we  have 
for  the  interest  the  guarantee  of  the  credit  of 
the  State. 


Mr.  KINKEAD.  The  State  does  not  pay  the 
principal? 

Mr.  STANFORD.  No,  sir.  That  is  to  be 
paid  by  the  company. 

Mr.  PARKER.  Is  there  anj' company  which 
has  a  charter  from  the  eastern  line  of  Califor- 
nia, already  granted  by  the  Nevada  Legisla- 
ture through  the  Territory? 

Mr.  STANFORD.     No,  sir. 

Mr.  HAWLEY.  That  is  a  question  which  I 
wished  to  ask.  I  do  not  quite  understand 
whether  any  contingency  could  arise  by  which 
the  aid  granted  by  the  IJnited  States  could  be 
received  by  any  other  company. 

Mr.  STANFORD  No,  sir  ;  except  that  Con- 
gress may  repeal  or  modify  the  act,  which  is 
not  very  likely.  Under  the  act  of  this  winter, 
however,  they  have  reserved  the  right  to  repeal 
or  modify  it. 

Mr.  HAWLEY.  Then  no  other  company  can 
receive  it  on  the  western  slope  ? 

Mr.  STANFORD.     No,  sir. 

Mr.  HAWLEY.  That  question  arose  on  the 
framing  of  the  language  of  the  section.  The 
language  employed  was  "  some  one  company," 
and  I  opposed  it  because  I  thought  it  was 
leaving  the  matter  open  for  the  purpose  of  ex- 
citing a  contest  between  the  companies.  So  far 
as  I  am  concerned,  I  wiis  willing  that  the  aid 
should  be  restricted  to  the  company  which  you 
represent,  provided  there  could  be  no  such  con- 
dition of  att'airs  that  the  Government  aid  could 
go  to  some  other  company. 

The  PRESIDENT.  I  would  like  to  ask  Gov- 
ernor Stanford  a  question.  How  far  has  the 
line  of  the  road  been  surveyed  or  located? 

Mr.  STANFORD.  To  the  State  line,  or 
rather  to  the  Big  Bend  of  the  Truckee. 

The  PRESIDENT.  Do  you  regard  the  sum- 
mit as  the  State  line  ? 

Mr.  STANFORD.  No,  sir.  We  strike  the 
State  line  about  four  miles  from  where  the 
Henness  Pass  road  crosses  the  Truckee  River. 

The  PRESIDENT.  Do  you  recollect  the  dis- 
tance in  miles? 

Mr.  STANFORD.  The  distance,  as  we  ran  it 
originally,  was  one  hundred  and  forty-four 
miles.  To  the  summit  the  distance  was  one 
hundred  and  four  miles. 

The  PRESIDENT.  It  has  not  been  surveyed 
and  located  beyond  that  point  to  the  east? 

Mr.  STANFORD.  Yes,  sir,  to  the  Big  Bend 
of  the  Truckee. 

The  PRESIDENT.  What  is  the  capital  stock 
of  the  company? 

Mr.  STANFORD.     Eight  millions  of  dollars. 

The  PRESIDENT.  How  much  has  been 
subscribed? 

Mr.  STANFORD.  Between  eight  and  nine 
hundred  thousand  dollars  by  the  individual 
stockholders,  two  hundred  liud  fifty  thousand 
dollars  by  the  county  of  Placer,  ami  three 
hundred  thousand  dollars  by  the  county  of  Sac- 
ramento. 

The  PRESIDENT.  What  amount  of  that 
capital  has  been  actually  paid  in? 


296 


PACIFIC  RAILROAD. 


[9th  day. 


Wednesday.] 


Stanford — DeLoxo— President— Earl— Chapin— Collins. 


[July  13. 


Mr  STANFORD.  Between  five  and  six  hun- 
dr^-d  ihou^-iind  dollars.  The  Government  aid, 
vou  will  see  very  readily  can  in  no  manner  be 
divi  rt.  d  from  the  Central  Pacific  Ptailroad.  ex- 
cept through  its  own  luches.  Under  the  recent 
Act  of  Congress,  the  time  for  construction  has 
been  fxiended  so  as  to  require  twenty-five 
miles  to  be  completed  next  year,  and  twenty-live 
miles  Ih"  year  lh<-reafter  ;  and  it  is  lor  the  in- 
terest of  the  company  to  push  it  forward  as  fast 
as  they  have  the  means  to  do  so,  and  the  earlier 
it  is  cunn>leted  the  Itetter. 

Mr.  DkLONG.  Then  I  understand  that  the 
company  would  rather  we  should  guaranti  e 
the  int/rest  on  the  bonds  of  the  company,  than 
to  give  the  bonds  of  the  .State  ? 

Mr.  STANFORD.  No  ;  we  would  rather  have 
the  bonds. 

Mr.  DkLONG.  If  we  give  you  two  hundred 
and  ten  thousand  dollars  annually,  as  a  dona- 
tion, which  is  the  inttrest  on  three  millions  of 
bouds  at  seven  per  cent.,  that  would  be  doubb' 
the  amount  which  California  has  given,  or 
ncarlv  so. 

Mr."  STANFORD.  Allow  me  to  say,  that  I 
have  entire  conlidence  that  the  stock  of  the 
company  will  eventually  be  very  valuable,  and 
I  cannot  ask  for  the  assistance  of  any  State, 
except  so  far  as  it  may  be  nucussary  to  secure 
its  construction,  and  if  the  Territory  of  Nevada 
or  the  State  of  Nevada,  when  it  becomes  a 
State,  agrees  to  pay  the  interest  on  the  bonds, 
which  would  make  them  about  as  good  in  the 
market  as  if  the  State  gave  her  own  bouds — in 
other  words,  it  would  furnish  al)Out  the  same 
amount  of  means  towaid  the  construction  of 
the  road— that  is  really  all  the  company  can 
ask.  We  do  not  ask  anything  to  save  the 
Btockholders — nothing  except  to  inspire  confi- 
dence ;  to  make  the  credit  of  the  company 
good  abroad. 

The  PRESIDENT.  The  bonds  of  the  com- 
pany i»far  int(  rest  at  seven  per  cent.,  and  the 
Sacramento  and  Placer  County  bouds  a  like 
rate,  do  tbev  not? 

Mr.  STANFORD.  No,  sir;  the  bonds  of 
Sacrami-nto  and  Placer  Counties  bear  eight  per 
cent,  interest. 

.Mr.  EARE.  Where  is  the  western  terminus 
of  the  road'.' 

Mr.  STANFORD.  Under  the  organization 
of  the  company,  it  was  the  Stale  line. 

Mr.  EARL.  No,  no  I  1  mean  the  western 
terminus. 

Mr.  .STANFORD.  Ob,  the  western  terminus ; 
undt  r  the  act  of  Congress,  it  is  a  jjoint  at  or 
near  San  Francisco,  or  the  navigable  waters  of 
the  .SaeraiiKWito  river. 

Mr.  E.'VRL.  Is  not  the  terminus  to  be  at 
Goat  MamI? 

.Mr.  STANFORD.  I  am  not  fully  post'd  on 
that.  I  have  not  seen  the  amended  l)ill,  Ijut  I 
think  it  pro\  ides  for  an  organi/alinn  to  run 
a  road  from  .■^ai-ramento  to  Gout  island.  Tiie 
company  has  a  right  to  constiuct  a  railroad 
to  San  Fraucidco.  if  it  choo.scs  to  do  .so. 


Mr.  E.\RL.  By  this  language,  if  it  be  con- 
strued that  this  is  the  road  which  is  to  get  the 
land  from  the  Government,  will  not  the  doubt 
arise  as  to  whether  you  would  get  the  aid  from 
the  counties,  and  also  from  San  Francisco? 

Mr.  STANFUUD.  So  far  as  relates  to  the 
construction  of  the  road  to  San  Francisco, 
there  may  be  some  doubt ;  but  over  the  moun- 
tains, there  is  no  doubt  whatever,  because  the 
act  of  the  Legislature  provides  specifically  that 
six  hundred  thousand  dollars  shall  go  to  the 
Central  Pacific  Railroad  Company,  and  four 
hundred  tlKuisand  dollars  to  the  Western  Pacific 
Railroad  Company. 

Mr.  ClIAPLV.  What  is  the  distance  from 
the  head  of  the  Truckee  Valley  to  the  summit, 
or  somewhere  there  ? 

Mr.  STANFORD.  I  think  it  is  some  forty- 
two  or  forty-three  miles. 

Mr.  CHaPIN.  If  that  summit  were  the 
State  line,  all  that  forty  miles  would  be  in  this 
Territory  ? 

Mr.  STANFORD.  Certainly;  tlje  line  of  the 
railroad  follows  the  Truckee,  down  a  rather 
crooked  course,  for  a  great  many  miles.  We 
found  that  some  gentlemen  were  constructing 
a  wagon  road  through  there,  and  their  original 
idea  was  to  bring  it  down  to  the  Truck<  e  di- 
rectly, but  they  found  that  the  distance  would 
be  no  less  than  by  taking  the  Ileuness  Pass 
route,  and  striking  across  Dog  Mountain.  All 
the  difficulty  is  on  the  mountains.  There  is  an 
opening  in  the  mountain  range  there,  and 
from  there  down  to  O'Nial's  there  is  no  trouble 
about  the  road.  All  the  difficulty  is  in  the 
mountains,  and  it  is  all  passed,  when  you  get 
to  the  State  line. 

Mr.  COLLINS.  I  understand  that  the  road 
would  have  been  completed  before  this  time, 
but  for  the  want  of  funds? 
Mr.  STANFORD.  Yes,  sir. 
Mr.  COLLINS.  I  understand  there  has  been 
some  embarrassment  in  the  operations  of  the 
company,  or  that  the  progress  of  the  road  has 
been  delayed  ? 

Mr.  STA.NFORD.  Only  delayed  ;  the  com- 
pany has  not  been  embarrassed. 

Mr.  COLLINS.  I  hear  it  has  not  gone  ahead 
as  fast  as  it  would  have  gone,  if  there  had  been 
funds  enough  ? 

.Mr.  ST.VNFORD.  No,  sir.  You  see  we  are 
practically  more  than  six  months  removed  from 
the  source  of  supplies.  The  ground  was  broken 
for  th(!  construction  of  the  road  a  year  ago 
last  January,  but  we  had  to  go  East  and  pur- 
chase iron  and  rolling  stock  ;  and  from  the 
time  we  started,  indepeiideat  of  the  time  we 
were  necessarily  delayed  in  negotiating,  some- 
what more  than  six  months  were  consumed  in 
the  purchase  and  transportation  of  the  mate- 
rials. Indeed,  some  materials  which  we  pur- 
chased a  year  ago,  and  paid  for  at  the  time, 
in  the  securities  of  tin;  company,  have  not  yet 
arrived.  We  were  delayed  some  time  in  get- 
ting our  locomotives.  The  Government  was 
refiuiriug  the  services  of  most  of  the  eflective 


9th  day.] 


PACIFIC  RAILROAD. 


297 


"Wednesday,] 


Collins — Stanford — Kinkead — Nourse — DeLonq. 


[July  13. 


force  in  building  locomotives  for  its  own  use, 
and  we  could  only  get  them  at  such  times  as 
tbey  could  be  afforded  by  the  Government. 

Mr.  COLLINS.  Do  you  think,  if  this  State 
shall  give  bonds  for  one,  two,  or  three  millions 
of  dollars,  or  agree  to  pay  the  interest  for  an 
indefinite  period  of  time  on  the  bonds  of  the 
company,  that  that  would  really  facilitate  and 
hasten  the  completion  of  the  road  across  the 
mountains? 

Mr.  STANFORD.    It  would,  very  much. 
Mr.  COLLINS.      Probably  how  much  time 
would  it  forward  the  completion  of  the  road? 

Mr.  STANFORD.  Well,  I  feel  entirely  con- 
fident that  if  the  State  shall  pay  the  interest — 
not  guarantee  it,  because  I  do  not  consider 
that  that  would  be  any  very  great  assistance, 
for  we  never  intend  to  have  the  bonds  go  to 
protest,  and  a  guarantee  therefore  would  be 
very  little  assistance — but  if  the  State  paid  the 
interest  it  would  be  a  very  great  assistance, 
and  practically  nearly  to  the  same  extent  as 
though  the  State  issued  her  own  bonds.  Yon 
will  consider  this,  that  we  have  thirty-one 
miles  already  constinictcd  and  paid  for,  and 
the  rolling  stock  and  iron  for  sixty  miles  al- 
ready provided  ;  and  we  owe  nothing  for  all 
that,  except  a  few  of  the  first  mortgage  bond'^. 
a  million  and  a  half  of  which  we  have  issued, 
but  only  a  portion  of  that  amount  has  been 
negotiated,  and  everything  else  in  the  way  of 
assistance  is  untouched.  Besides,  we  have  the 
interest  on  our  bonds  to  the  amount  of  one 
million  and  a  half  of  dollars  paid  by  the  State 
of  California. 
Mr.  KINKEAD.  Is  that  a  donation  ? 
Mr.  STANFORD.  Yes,  practically,  with  the 
exception  that  we  do  some  services  for  the 
Slate  as  a  consideration.  Things  wliich  are  to 
go  to  the  State  Fair  are  to  be  carried  tree,  and 
arras,  and  munitions  of  war,  etc.,  are  to  be 
transported  free.  We  issue  our  own  bonds 
whenever  we  please,  and  we  are  able  to  put 
the  bonds  into  the  market  at  once,  and  then 
almost  imniediati'ly  we  will  be  able  to  derive 
the  benefit  from  the  Congressional  aid  on  the 
thirty-one  miles  which  we  have  completed. 
We  will  have  that  aid  to  assist  us  in  complet- 
ing the  work.  We  can  make  our  first  mortgage 
bonds  equal  to  forty-eight  thousand  dollars  per 
mile  on  the  thirty-one  miles  completed.  There 
are,  besides,  the  four  hundred  thousand  dollars 
which  we  are  about  to  receive  from  San  Fran- 
cisco, if  the  compromise  now  proposed  shall  be 
carried  out  in  good  faith,  as  I  think  it  will  be  ; 
and  if  it  is  not  carried  out,  then  we  shall  re- 
ceive six  hundred  thousand  dollars  in  bond.- 
from  San  Francisco,  giving  in  return  six  hun- 
dred thousand  dollars  in  stock  ;  and  these  are 
the  immediate  assets  of  the  company  for  the 
prosecution  of  the  work.  Now.  if  this  Territo- 
ry, on  becoming  a  State,  shall  promise  to  pay 
the  interest  on  the  bonds  of  the  company  to 
any  extent,  to  that  extent  the  bonds  would  be- 
come very  marketable.  They  would  be  good 
securities,  and  would  bring  a  good  price  in  the 


market  at  once  ;  and,  in  addition,  you  will  see 
the  advantage  of  all  these  donations  made  di- 
rectly to  the  company,  ))y  strengthening  its 
standing  abroad.  The  effect  is,  that  you  make 
the  stock  desirable.  Our  idea  is  to  push  for- 
ward the  work  as  rapidly  as  possible,  and  when 
we  get  it  completed  for  a  distance  of  seventy 
or  eighty  miles,  we  shall  have  demonstrated 
not  only  the  practicability  of  the  enterprise, 
but  also  that  it  has  a  practical  value  as  an  in- 
vestment, so  that  we  shall  have  nodifliculty  in 
selling  our  stocks,  and  thereby  realizi'  a  large 
amount  of  funds  with  which  to  finish  up  the 
road. 

Mr.  NOURSE.  What  effect  upon  any  guar- 
antee or  agreement  to  pay  interest  on  the  bonds 
of  the  company,  would  the  exemption  of  mines 
from  taxation  have? 

Air.  STANFORD.  I  do  not  know  what  would 
be  your  means  of  raising  a  revenue  in  that 
event. 

Mr.  NOURSE.  Are  you  much  acquainted 
with  the  means  of  raising  revenue  which  the 
Territory  possesses? 

Mr.  STANFORD.    I  am  somewhat. 

Mr.  NOURSE.  Have  you  noticed  the  ex- 
penditures and  the  income  for  the  last  year, 
under  the  territorial  organization? 

Mr.  STANFORD.    Well,  not  particularly. 

Ml-.  NOURSE.  Are  you  aware  of  the  fact 
that,  with  the  Federal  Government  paying  the 
federal  officers,  we  have  already  run  behind- 
hand— that  we  are  already  two  hundred  and 
fifty  thousand  dollars  behindliand,  independent 
of  city  and  county  indebtedness? 

Mr.  STANFORD.     I  was  not  aware  of  it. 

Mr.  NOURSE.  Are  you  aware  that  the  ex- 
penses for  fourteen  months,  which  includes 
only  sixteen  hundred  dollars  of  interest,  amount 
to  nearly  six  hundred  thousand  dollars,  with 
an  income  of  only  forty-four  thousand  dollars? 

Mr.  STANFORD.     I  was  not. 

Mr.  NOURSE.  With  these  facts  carried  be- 
fore Wall  Street  brokers,  with  this  insight  into 
our  fii  ancial  affairs,  what  do  you  think  would 
be  the  probability  uf  negotiating  our  bondi^,  at 
a  figure  to  make  it  a  paying  operation  ? 

Mr.  STANFORD.  I  do  not  think  that  show- 
ino;  would  materially  affect  the  bonds. 

Mr.  NOURSE.  Suppose  yon  had  the  further 
fact  that,  notwithstanding  flu'  smiill  amount  of 
income,  the  people  of  Storey  County— our  most 
wealthy  county — were  taxed  two  dollars  and 
seventy  c  nts  on  every  one  hundred  dollars 
worth 'of  property  for  the  past  year,  and  that 
out  of  all  that,  we  get  only  a  small  per  cent- 
age  for  State  purposes? 

Mr.  DeLONG  (in  his  seat).  Ob.  that  is  no- 
thing for  a  Sicramento  man  to  consider! 

Mr.  NOURSE.  Suppose  that  fact  were 
known,  and  it  were  also  nndi  rstocd  that  we,  as 
a  Territory,  had  run  behindhand  two  hnndnd 
and  forty-four  thousand  dollars,  and  that  the 
Territory  had  only  an  income  of  about  forty- 
four  thousand  dollars  a  year— suppose,  I  say, 
it  were  known  that  the  expenses  were  so  much 


298 


PACIFIC  RAILROAD. 


[9tli  day,. 


Wednesday,]         Staxforo—Nolbse—Hovey—Chapin— Collins— President. 


[July  13. 


larger  than  the  income,  as  shown  by  these  fig- 
ures—what would  be  the  advantage  to  you  of 
that  agroeiiK'iit  ou  the  part  of  this  State  to 
guarantee,  or  to  pay,  the  interest  on  your 
bonds? 

Mr.  STANFORD.  I  think  you  hardly  put 
the  case  fairly.  If  the  revenues  of  this  State 
were  not  to"  be  largely  inereased.  of  course 
there  Wduld  be  no  great  value  in  its  securities. 
But  so  far  as  the  rate  of  taxation  is  concerned, 
you  should  consider  it  in  proportion  to  the 
rates  paid  for  the  use  of  money,  which  is  often 
tliree  and  four  per  cent.,  in  this  country.  I  be- 
lieve two  and  a  half  per  cent,  is  about  the 
usual  monthly  rate  here,  and  compared  with 
that,  the  rate  of  taxation  is  very  liglit.  It  can- 
not be  more  in  proportion  tlian  one  and  a  lialf. 
or  two  per  cent,  per  mouth  interest,  and  yet 
there  are  cities  and  towns  where  people  pay 
taxes  amounting  to  three,  four,  and  live  per 
cent. 

Mr.  NOURSE.  Would  it  not  be  of  more 
advantage  to  your  company,  as  regards  giving 
you  credit  abroad  and  assuring  the  desirability 
of  your  stock,  if  it  were  known  that  after,  or 
soon  aft.-r.  this  railroad  should  reach  the  State 
line — which  would  develope  our  resources  and 
give  us  a  population,  thereliy  rendering  the 
State  able  to  do  something — the  State  W(juld 
give  you  outright  the  amouat  of  three  millions 
of  dollars,  at  the  rate  of  lil'ty  thousand  dollars 
a  mile — that  the  State  would  not  lend,  but  give 
it  outright?  Would  not  that  help  you  much 
more  than  it  would  to  give  you  our  bonds  now. 
or  as  soon  as  we  get  to  be  a  State,  and  with  our 
present  condition  of  finances? 

Mr.  ST.\NFORD.  I  think  not;  because 
abroad,  where  most  of  the  securities  must  be 
negotiated,  the  great  point  is  to  inspire  confi- 
dence that  the  road  will  be  constructed  over 
the  mountains,  and  there  will  always  bo  a  doubt 
until  the  ability  of  the  company  is  made  ai)pa- 
rent.  It  is  necessary  not  only  that  the  com- 
pany should  have  the  ability,  but  also  to  make 
that  ability  ai)|iarent  to  the  parties  with  whom 
we  have  lo  deul. 

Mr.  llOVi-JV.  I  would  like  to  correct  the 
gentlenun  from  Washoe  (Mr.  Xourse)  in  one 
rcKp.-et.  Till-  county  of  Storey  alone  has  paid 
litly-scven  thou-and  dollars  into  the  Territorial 
Treasury  during  th<-  last  year. 

Mr.  OlIAl'IN.  With  many  thanks  to  Gov- 
ernor St;niford  for  the'  valualde  information  he 
lias  givi'ii  lis.  I  suggest  that  we  now  proceed  to 
our  ri'^ular  l)usiness. 

.Mr.  (J(Jl.,LI.\'.S.  I  propounded  one  question 
to  thetloviTnor.  but  jiis  attention  was  diverted 
from  it  so  that  he  did  not  answer  it.  .My  (jues- 
tion  was  this :  How  much.  I»y  the  appropria- 
tion or  provision  for  the  loan  of  the  credit  ol 
the  Stale,  or  a  guarantee  of  the  lionds  of  the 
company  by  the  State,  say  tor  a  certain  liehiiiti' 

fteriod,  to  an  amount  of  one,  two,  or  three  mil- 
ion» — how  much  by  that  means  would  we  be 
enabled  to  hasten  the  completion  ol  the  road 
to   the   Slate   line  ?      Would  it  hasten   it  one 


year,  a  year  and  a  half,  or  six  months?  For 
instance,  suppose  when  it  reaches  a  point  sixty 
miles  this  side  of  Sacramento,  we  guarantee 
the  i)ayment  of  seven  per  cent,  on  one  million, 
when  it  arrives  at  a  point  eighty  miles  this  side 
of  Sacramento,  a  million  more,  and  when  it 
arrives  at  a  distance  of  one  hundred  miles  from 
.Sacramento,  or  at  the  State  line,  a  million 
more? 

Mr.  STANFORD.  Of  course,  I  can  only  ap- 
proximate to  it,  but  I  will  say  this  :  that  with 
the  knowledge  of  the  fact  that  this  State  would 
give  the  interest  upon  a  certain  amount  of 
bonds,  wo  could  proceed  with  entire  coiilidence 
ill  the  expenditure  of  tlie  money  raised  on  the 
liomis  which  we  are  authorized  to  negotiate  at 
the  present  time.  By  the  time  the  road  is  con- 
structed up  to  about  sixty  miles  from  Sacra- 
mento, the  balance  of  the  road,  to  fifteen  miles 
from  the  summit,  might  be  ready  for  the  track, 
and  when  that  is  done  there  is  no  one  section 
that  has  any  obstacle  to  delay  it.  We  could 
proceed  at  once  to  use  the  present  securities 
with  entire  confidence,  knowing  that  by  the 
time  they  are  exhausted,  we  shall  have  reached 
a  point  where  we  may  receive  the  aid  from  this 
State  ;  and  these  bonds  would  be  negotiable  in 
the  market.  Therefore,  I  think  that  with  that 
assistance,  we  could  construct  the  road  as  fast 
as  any  adequate  amount  of  means  would  per- 
mit, and  we  could  finish  it  inside  of  three  years, 
probably. 

Mr.  COLLINS.  Do  you  think  that  this  aid 
would  give  us  the  road  one  year  sooner  than 
we  could  have  it  without? 

Mr.  NOURSE.  Do  you  mean  by  the  payment 
of  the  interest,  or  the  agreement  to  pay  it? 

Mr.  COLLINS.  I  mean  not  an  agreement 
only,  but  the  actual  payment  of  the  interest. 

Mr.  STANFORD.  1  must  say  that  I  could 
not  say  that  it  would  make  a  difference  of  a 
year.  It  might  make  more  difference,  but  I 
should  l)e  surjirisid  if  fiy  some  means  we  do 
n  >t  push  the  road  forward  to  this  Territory  in- 
side of  three  years.  It  is  my  ambition  to  do 
so.  But  the  great  object,  as  I  have  said,  is  to 
inspire  confidence  abroad. 

The  rRHSIDENT.  Do  not  you  think  that 
this  road  will  be  constructed  without  any  aid 
from  this  Territory  ? 

Mr.  STANFORD.  I  think  it  will  be,  but 
perhaps  not  so  soon. 

The  I'RliSIDLNT.  Then  with  this  guarantee 
of  interest  at  seven  per  cent. on  the  bonds  of  the 
company,  how  much  sooner  could  that  road  be 
constructed  to  the  State  line,  than  it  would 
otherwise  be? 

Mr.  STANFORD.  It  is  very  difficult  for  me 
to  say,  because  so  much  depends  upon  our 
foreign  relations,  and  the  condition  of  the 
whole  country.  The  standing  of  our  bonds 
and  the  standing  of  the  Government  bonds 
will  iiavc  to  be  governed  by  events  in  the 
future,  and  of  cf)urse,  what  will  be  our  con- 
diti(jn  in  th(?  future  it  is  impossible  to  sa^',  nor 
how  our  securities  are   going  to  stand  within  a 


9 til  day.] 


PACIFIC  RAILROAD. 


299 


Wednesday,] 


President — Nourse — Stanford — Collins — Chapin. 


[July  13. 


certala  length  of  time.  But  this  is  certain, 
that  if  this  State  comes  in  and  lends  her  aid.  to 
the  extent  that  she  gives  that  aid,  it  will  help 
the  road  ;  and  moi'e  than  that,  it  will  strengthen 
the  bonds  of  tlie  company  abroad,  and  also  the 
stock.  For  instance,  if  the  road  wore  to  cost 
three  millions,  with  a  million  and  a  half  of  aid, 
you  will  enable  us  to  build  the  whole  of  it,  be- 
cause the  amount  nquired  to  build  a  portion 
of  the  road  secures  the  construction  of  a  good 
deal  more.  Whatever  is  donated  becomes  a 
security  for  nearly  an  equal  amount  in  addi- 
tion, so  that  the  donation  of  a  million  and  a 
half  from  the  State,  becomes  equal,  so  far  as 
the  construction  of  the  road  is  concerned,  to 
nearly  three  millions  of  dollars.  Then  in  addi- 
tion to  that,  the  road  having  received  the  dona- 
tion, makes  the  stock  of  the  company  more  desi- 
rable in  the  market,  and  in  that  way  the 
resources  of  the  company  and  its  means  to 
build  are  increased.  I  may  say,  that  a  million 
and  a  half  donated  by  the  State,  equals  twice 
that  amount  toward  the  cost  of  the  construction 
of  the  road. 

The  PRESIDENT.  Then  three  millions  would 
b8  equivalent  to  six  millions  toward  the  con- 
struction of  the  road. 

Mr.  NOURSE.  I  wish  to  ask  one  more  ques- 
tion. What  is  the  shortest  radius  of  any  curves 
on  your  road,  and  whereabouts  do  they  occur? 

Mr  STANFORD.  As  to  the  curves,  our 
shortest  is  a  five  hundred  feet  radius,  although 
we  run  out  of  Sacramento,  at  present,  with  a 
curve  of  two  hundred  and  twenty-five  feet 
radius. 

Mr.  NOURSE.  Do  these  curves  come  upon 
heavy  grades? 

Mr.  STANFORD.  Some  of  them ;  yes,  sir. 
Of  course  we  avoid  having  curves  upon  sharp 
grades  as  much  as  possible,  but  we  reach  the 
elevatiun  of  seven  thousand  and  thirty  feet  in 
a  distance  of  one  hundred  and  four  miles,  so 
that  the  grade  is  very  regular.  We  have  curves 
of  this  kind  for  at  least  four  miles,  on  the  maxi- 
mum grade,  on  the  part  we  are  now  running, 
but  only  one  engine  is  required  to  surmouiit  those 
curves.  The  locomotive  Pacific,  which  is  not 
so  large  as  one  we  have  coming  out,  drew  up 
to  Newcastle,  one  train  containing  over  four 
hundred  passengers,  with  only  one  hundred 
pounds  of  steam.  There  were  eight  cars,  and 
each  had  about  sixty  passengers. 

Mr.  NOURSE.  One  engine  hauled  the  train 
up  the  one  hundred  and  five  feet  grade  ? 

Mr.  STANFORD.  Yes,  sir;  I  was  on  the 
engine  at  the  time.  We  had  only  one  hundred 
pounds  of  steam  on,  and  sometimes  a  little  less. 
We  liad  certainly  over  four  hundred  passengers 
on  the  train. 

Mr.  COLLINS.  One  object  in  postponing 
the  iss^ue  of  the  bonds  was  the  idea  that  the 
State  would  be  in  a  better  condition,  at  a  future 
timt^,  to  m'.'et  the  issuing  of  so  large  an  amount, 
than  it  is  at  present.  As  you  rather  demur  to  the 
action  of  the  Convention,  I  would  ask  which 
would  be   most  agreeable  to  the  company — for 


instance,  to  issue  the  bonds  from  time  to  time 
a^  the  work  progresses  on  the  other  side,  iiiitil 
tlie  road  reaches  tlie  State  line— to  make  the 
payments  from  time  to  time  until  a  million  and 
a  half  is  paid,  or  until  the  road  is  ctmipleted  ; 
or  to  pay  the  interest  on  the  million  and  a  half 
of  bonds  as  they  are  issued  i»y  the  company  ? 

Mr.  STANFORD.  The  object  is  to  get  acroi^s 
tiie  mountains.  I  will  say  this,  that  if  the  State 
is  not  to  issue  the  bonds  until  seventy  miles  of 
road  are  completed,  the  State  will  then  cer- 
tainly be  in  the  reCL'ipt  of  CDnsiderable  benefits 
from  the  road.  In  the  next  place,  when  we 
reach  the  seventy  miles,  and  make  the  proper 
proofs,  then  only  the  company  may  ii-sue  the 
bonds  guaranteed  by  the  State,  and  the  first 
instalment  of  interest  probably  would  not  be 
payable  under  six  months  at  any  rate  from 
that  time,  so  that  it  would  necessarily  be  a  con- 
siderable time  before  the  State  could  be  called 
upon  to  pay  anything  at  all.  And  long  before 
she  would  be  called  upon  to  pay  the  bonds,  she 
would  be  deriving  far  more  than  an  equivalent 
iu  the  way  of  benefits  from  the  road.  For  in- 
stance, now  there  are  six  daily  coaches  running 
from  the  termini  of  the  railroads  which  run  from 
Sacramento  towards  this  Territory,  and  the  pro- 
bability is  that  these  coaches  take  fifty  passen- 
gers up,  and  carry  fifty  passengers  down, 
at  a  cost  of  about  twenty-five  dollars  for  each 
passenger,  so  that  there  must  be  two  thousand 
five  hundred  dollars  a  day  paid  out  by  the  people 
of  this  Territory  for  passages  alone.  Now,  the 
most  we  could  charge,  under  the  laws  of  Cali- 
fornia, would  be  ten  cents  a  mile  for  passengeis 
and  fifteen  cents  a  ton  for  freight,  and  the 
Territory  would  save  on  passenger  travel  alone 
not  less  than  the  handsome  sum  of  three  hun- 
dred thousand  dollars  a  year,  even  if  the  rail- 
road company  should  charge  the  maximum 
prices  allowed  by  the  law  of  the  State  of 
California. 

Mr.  CHAPIN.  Have  you  any  reliable  data 
in  regard  to  the  amount  paid  for  freight,  and 
for  passengers  during  the  last  year,  to  and  from 
California? 

Mr.  STANFORD.  We  have  got  such  esti- 
mates as  we  could  on  that  subject,  from  several 
firms  in  Sacramento,  and  also  in  regard  to  the 
teaming  across  the  mountains.  The  amount 
paid  out  in  Sacramento  for  freights  the  past 
year,  was  from  ten  to  twelve  millions  of  dol- 
lars ;  and  Mr.  Swain,  a  large  wagon-road  owner, 
estimates  it  at  twelve  millions.  I  know  that 
Whitney  &  Co.  of  Sacramento,  some  time  along 
last  fall— in  November.  I  think  it  wa— showed 
us  their  books,  and  also  made  an  affidavit  to 
the  effect  that  they  had  paid  out  for  goods  for- 
warded from  there  during  the  season,  over  one 
million  seven  hundred  thousand  dollars.  That 
was  from  one  single  firm.  D.  W.  Karl  &  Co. 
have  pa'd  ■  ut  probably  the  same  amount. 

Mr.  NOURSE.  Are  not  these  the  principal 
firms? 

Mr.  STANFORD.  There  are  several  firms 
which  do  about  as  large  au  amount  of  business. 


300 


PACIFIC  RAILROAD. 


[9th  day. 


■Wednesday,]         Stanford — Tozer — Proctor — Chapin — Kennedy — Stuktevant.         [July  13. 


Mr.  DeLONG.  And  many  goods  are  sent 
here  from  Marv?:ville.  also. 

Mr.  .<T.\.NK<)in).  I  did  not  take  any  ac 
count  of  tbe  Murysville  trade,  though  1  know 
there  is  a  va.st  amount  of  goods  shipped  from 
there  to  the  Ti-rritory.  Taking  the  amount  of 
freight  l)rouglit  )iy  the  several  routes  last  year 
as  a  l>as;s.  the  railroad  line  would  pri)l»atily  .save 
to  the  Territory  at  least  eight  ur  ten  millions 
of  ddUars  a  year.  That  is  according  to  the 
lust  .lata  we  can  obtain.  And  it  would  save 
aliout  two-thirds  on  the  bullion  shipped.  I  do 
not  renvmber  the  exact  amount  of  bullion. 
AVe  have  liad  the  wagon  roads  estimated  from 
the  tolls  rec'-ivtd. 

Mr.  NOUHSE.  You  add  them  to  the  esti- 
mate of  the  amount  shipped  in  Sacramento. 

Mr.  STANFORD.  No,  sir  ;  that  is  indepen- 
dent of  those  estimates.  Mr.  Swaiu's  estimate 
of  the  whoU'  was  twelve  millions  of  dollars. 

Mr.  NOUHSE.  I'robably.  on  the  other  hand. 
Wliitio'V  it  Co.  and  I).  W.  Earl  A'  Co.  forwardid 
aliout  a  (piarter  of  the  whole  amount  shipped 
last  vear. 

Mr.  STANFORD.  Probably  not  a  quarter, 
as  a  large  amount  comes  also  from  Stockton. 
such  as  the  produce  of  the  farms — barley,  hay. 
a  great  deal  of  flour,  and  some  mercliau- 
dise — which  does  not  come  by  that  road  at  all. 

.Mr.  TOZEll.  And  a  great  deal  comes  by  the 
lli'uness  I'ass  route,  does  there  not? 

Mr.  STANFORD.  A  very  great  deal,  and  a 
great  d'  al  also  from  farms  along  the  road. 

Mr.  TOZER.  Could  not  most  of  the  amount 
proposed  to  bo  guaranteed  be  saved  to  the 
Stale  in  the  Wiiy  of  fuel? 

Mr.  STANFORD.  I  should  say  it  could. 
You  pos.ses.s  in  your  Territory,  Intundless  rv- 
sources  ;  you  have  plenty  of  mines  which  would 
pay  reasonal)ly.  were  the  cost  of  working  them 
re.luci.'d  to  a  smaller  amount ;  but  you  have 
not  uianj'  mines  whicii  will  pay,  with  the  pres- 
ent cost  of  the  reduction  of  the  ores.  The 
consi  qu'-nce  will  be.  without  a  railroad,  that 
viry  soon  the  production  will  be  confined  to 
th"  principal  mines ;  prospecting  will  die  out. 
aii<l  your  population  will  come  to  consist  only 
of  Ihosi!  who  are  engaged  in  working  the  more 
valuable  mines,  and  those  connected  with  them. 
]5ut  when  you  can  transport  your  freight  and 
your  (ml  ;it  reasonable  rates  ;  when  you  can 
S'-nd  your  ores  to  the  Truckce,  or  get  your 
wood  brought  cheaply  to  your  mines,  you  can 
tieii  support  un  almost  indefinite  amount  of 
jiopulal  ion. 

How  far  has  the  road  pro- 


Mr.  I'ROCTOR. 
gressed  iiirc  idv  ? 

Mr.  STANFORD 
yet. 

Mr.  PROCTOR, 
on  the  road  now? 

Mr.  STANFORD. 


Only  thirty-one  miles  as 
Are  there  any  men  at  work 


Yes,  sir  ;  a  small  gang  of 
nv'W  at  .\iiburn,  when-  we  have  a  heavy  cut. 
AVi'  have  a  f'W  men  at  work  upon  that. 

I  feel   my-<lf  greatly  ol)ligi'd   to  gentlemen 
of  the  Couventiim  for  the  kind  attention  they 


have  given  me,  and  will  trespass  no  further 
upon  their  time. 

.Mr.  Cn.\PlN.  I  move  a  vote  of  thanks  to 
Gov.  Stanford  for  the  valuable  information  ho 
has  given  the  Convention. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

EXPENSE.S    OF  THE    FIRST   CONVENTION. 

Mr.  KENNEDY.  I  desire  to  rise  to  a 
question  of  privilege,  and  will  call  it  a  ques- 
tion of  privilege,  on  behalf  of  the  former 
Convention.  I  wish  to  correct  an  error  made 
by  the  gentleman  from  Washoe.  (Mr.  Sturte- 
vant,)  who  stated  in  his  remarks  to-day,  that 
some  twenty-seven  thousand  dollars  of  the 
bills  of  the  last  Convention  had  been  audited 
and  allowed  by  the  last  Legislature. 

Mr.  STURTEVANT.  Oh  no  ;  I  beg  the  gen- 
tleman's pardon  ;  they  were  presented — not 
allowed.  I  was  on  the  Committee  on  Claims  in 
the  Legislature.  The  amount  is  perhaps  a  lit- 
tle less  than  that,  however. 

Mr.  KENNEDY.  In  order  that  this  matter 
may  appear  properly  in  the  morning  papers,  I 
wish  to  correct  any  misapprehension  which 
might  otherwise  arise  in  regard  to  it.  The  en- 
tire amount  of  bills  allowed  by  the  last  Legis- 
lature for  expenses  incurred  by  the  last  con- 
stitutional Convention,  was  four  thousand  one 
hundred  and  ninety-four  dollars,  which  being 
in  addition  to  the  amount  appropriated  by  the 
previous  Legislature,  makes  the  total  expenses 
of  that  Convention  seven  thousand  one  hund- 
red and  ninety-four  dollars.  I  have  no  doubt 
that  if  the  statement  of  the  gentleman  from 
Washoe  were  allowed  to  go  forth  unexplained, 
it  would  be  asserted,  and  used  as  an  argument 
against  the  adoption  of  the  Constitution,  that 
the  last  constitutional  Convention  incurred  the 
enormous  expenditure  of  twenty-seven  thou- 
sand dollars  ;  and  it  was  for  that  reason  that  I 
a^ked  to  make  this  correction.  Tbe  entire  ex- 
pense of  that  Convention  was  only  seven  thou- 
sand one  hundred  and  ninety-four  dollars, 
taking  the  scrip  at  its  par  value. 
I  Mr.  STURThLVANT.  I  am  sorry  that  I 
j  should  have  been  misunderstood  ;  but  it  is  a 
ditlieult  matter  for  me  to  get  up  here  and  ex- 
plain everything  connected  with  that  subject 
so  that  all  can  understand  it,  though  I  claim  to 
be  as  bright  as  the  average  of  men.  I  will  say, 
however,  that  these  claims  to  which  I  have 
referred,  were  all  put  in  to  be  audited,  and  I 
will  refer  the  gentleman  to  a  few  of  the  items. 
One  was  the  claim  of  tlu;  Old  I'iute,  amounting, 
I  think,  to  six  hundred  dollars.  Another 
paper  had  a  claim  of  seven  hundred  and  forty- 
eight  dollars  ;  and  the  Esmeralda  paper  put  ia 
a  bill  for  six  huntlred  dollars. 

Mr.  DkLONG.  Were  those  the  charges  of 
single  newspapers? 

Mr.  STURTEVANT.  Yes,  sir.  And  I  think, 
in  fact,  that  pretty  nearlj  every  pai)er  in  the 
Territory  sent  in  a  large  bill.  15ut  all  of  these 
bills,  or  nearly  all  of  them,  were  knocked  ia 


9th  day.] 


LEGISLATIVE  DEPARTMENT, 


301 


Wednesday,] 


Kennedy— Sturtevant—DeLong. 


[July  13. 


head,  though  one  bill  was  allowed,  to  the  Vir- 
ginia Union,  for  printing  these  same  documents 
which  vve  are  now  using. 

Mr.  KENNEDY.  I  understand  that  one  of 
the  bills  which  that  paper  sent  in  was  for  print- 
ing the  Constitution  of  Oregon  ;  was  that  bill 
allowed  ? 

Mr.  STURTEVANT.  No,  sir.  Tretty  nearly 
all  these  bills  were  knocked  in  head.  I  think 
I  could  go  and  hunt  up  the  bills  now,  and 
show  what  was  done  with  them  and  the  amounts, 
but  it  is  probably  not  worth  while  to  occupy 
the  time  of  the  Convention  with  them. 

Mr.  KENNEDY.  I  wish  to  make  one  further 
statement,  and  that  is,  (hat  no  bills  in  behalt  of 
the  members  of  that  Convention  were  ever 
presented. 

Mr.  DeLONG.  I  hope  the  members  of  the 
former  Convention  will  not  occupy  too  much 
time  in  apologizing  for  the  errors  they  may 
have  committed. 

LEGr.SLATIVE    DEPARTMENT— THE    HOMESTEAD. 

The  Convention  resumed  the  consideration 
of  Article  IV,  entitled  Legislative  Department, 
the  question  being  on  the  motion  of  Mr.  Tozer, 
to  recommit  Section  30  to  a  special  committee 
of  three,  with  instructions  to  amend  by  striking 
out  the  SL'Ction,  and  inserting  in  lieu  thereof 
the  following  : — 

Si:c.  30.  The  Legislature  shall  pro^ade  by  law  for 
exeiuptiiiK  from  forced  sale,  under  auy  ijrocess  of  law, 
a  liomrstcad  for  families,  wliioh  shall  not  be  alienated 
witliout  tlic  joint  consent  of  both  husband  and  wife, 
when  that  relatioushiio  exists,  said  homestead,  not 
exceeding  one  hundred  and  sixty  acres  of  land  outside 
of  the  limits  of  a  town  or  city,  or  not  exceeding  one 
acre  within  the  limits  of  a  town  or  city,  occuinied  as 
a  residence  by  the  family  of  the  ow^uer,  together  with 
all  the  improvements  on  the  same,  and  which,  when 
acquired,  shall  not  be  of  a  value  exceeding  the  sum  of 
five  thousand  dollars  ;  and  which,  to  become  thus  ex- 
empt from  sale  as  a  homestead,  shaU  be  specifically  de- 
scribed and  set  forth  in  a  written  declaration,  by  the 
claimant,  acknowledged  by  him  or  her,  and  recorded 
in  the  ottice  of  the  County  Recorder  of  the  county  in 
which  the  same  is  situated  ;  but  no  proi^erty  shall  be 
exenn)t  by  law  from  sale  for  taxes,  or  for  the  payment 
of  obligations  contracted  for  the  purchase  of  said  prem- 
ises, or  for  the  erection  of  improvements  thereon  ; 
provided,  the  provisions  of  this  section  shall  not  apply 
to  any  process  of  law  obtained  by  virtue  of  a  lien 
given  by  the  consent  of  both  husband  and  wife. 

Mr.  KENNEDY.  Personally,  I  am  opposed  to 
inserting  any  homestead  clause  in  thisCon-titu- 
tion,  but  acknowledging  the  superior  wisdom 
of  older  members,  I  am  willing  that  the  provis- 
ion which  was  first  submitted,  with  my  amend- 
ment, should  be  adopted.  I  am  unwilling  that 
the  Constitution  should  fix  any  measure  of  the 
lands  to  be  exempted,  either  within  or  without 
a  city  or  village,  or  any  limitation  of  the  value 
of  tbe  property  which  is  to  be  exempted  as 
a  homestead.  That  is  a  question  in  regard  to 
which  I  do  not  know  the  sentiments  of  my  con- 
stituents, nor  of  any  portion  of  them.  It  is  a 
question  which  was  not  discussed  during  the 
campaign  upon  this  old  Constitution  last  year. 
I  believe  that  such  a  provision  has  been  product- 
ive  of  more  fraud,   and   more    violations   of 


law,  than  it  has  of  good.  This,  however,  is  a 
personal  opinion  merely,  and.  yielding  to  the 
views  of  ohJer  and  more  experieiiced  members 
of  the  Convention,  I  am  willing  that  we  should 
say  in  the  Constitution  that  a  homestead,  as 
defined  and  fixed  by  the  Legi.'^hiture— the  proper 
exponent  of  the  opinions  and  wishes  of  the 
people— shall  be  exempted  from  forced  sale  on 
execution.  But  I  contend  tliat  you  must  leave 
it  to  the  Legislature,  not  only  because  the 
value  of  the  property— the  value  of  the  spe- 
cific amount  of  property  stat.d  here-  may  vary, 
but  because  it  is  not  advisable  that  any  spe- 
cific amount  shall  be  fixed,  so  that  we  cannot 
change  it  without  amending  our  Constitution. 

Now,  the  gentleman  from  Stony,  (Mr.  De- 
Long,)  and  the  gentleman  from  Ormsliy.  (Mr. 
Johnson,)— our  worthy  President— on  a  former 
occasion  made  eloquent  appeals  to  the  mem- 
bers of  this  Convention  in  regard  to  the  dis- 
tress which  tbe  wife  and  children  might  be 
compelled  to  suffer.  Some  hardships  might 
result,  in  a  few  instances,  from  the  fact 
of  there  being  no  homestead  provision  of  this 
kind,  but  I  think  it  would  be  only  in  a  few 
instances.  The  gentleman  fiom  Storey.  (Mr. 
DeLong.)  has  to-day  advanced  still  another 
argument,  namely  :  that  undc  r  the  provisions 
of  the  homestead  act  in  California,  a  man  may 
invest  his  homestead  in  hogs,  in  sheep,  or  in 
anything  else.  Now  we  do  not  propose  here  to 
put  any  such  provision  into  our  Constitution  as 
they  have  in  the  Constitution  of  California. 
The  only  provision  on  the  subject  laid  down  in 
that  Constitution  is  this  : — 

"The  Legislature  shall  protect  by  law  from  forced 
sale,  a  certain  portion  of  the  homestead  and  other 
property  of  all  heads  of  families." 

Now  if.  under  that  provision,  a  man  could 
sell  his  property,  and  invest  it  in  hogs  and 
sheep,  it  is  the  fault  of  the  law  formed  under 
the  Constitution,  and  not  the  fault  of  the  pro- 
vision of  the  Constitution  itself.  I  am  opposed 
to  any  provision  of  that  kind,  by  which,  as  the 
gentl;  man  from  Storey  says,  a  man  who  has 
five  thousand  dollars  in  his  pocket,  though  he 
may  owe  me  a  hundred  dollars,  may  defy  me, 
and  I  cannot  collect  it  from  him.  There  is  no 
justice,  law  or  equity  in  that.  The  original  sec- 
tion, with  the  former  amendment,  together  with 
the  provisions  of  Section  15  of  the  d'  claration 
of  rights,  or  Section  14,  as  it  is  now  nnmSered, 
are  all  that  is  necessary  for  us  to  place  in  the 
Constitution  to  protect  any  man  against  his 
rapacious  creditors.  I  will  call  attention  to 
the  language  of  the  section  of  the  declaration 
of  rights  to  which  I  have  referred.     It  reads  — 

"  The  privilege  of  the  debtor  to  enjoy  the  necessary 
comforts  of  life  shall  be  recognized  by  wholesome  laws, 
exempting  a  reasonable  amount  of  property  from  sei- 
zure or  sale  for  payment  of  any  debts  or  lialnlities 
hereafter  contracted  ;  and  there  shall  be  no  imprison- 
ment for  debt,  except  in  case  of  fraud,  and  no  person 
shall  be  imprisoned  for  a  militia  fine  in  time  of  peace." 

Now  I  contend,  with  the  gentleman  from 
Storey,  (Mr.  Collins,)  that  under   this  amend- 


302 


LEGISLATIVE  DEPARTMENT. 


[9tli  day. 


AVednesday.] 


DeLong — Kennedy — Earl. 


[July  13. 


mcnt.  now  under  consideration,  a  man  can] 
invest  in  iini)ro\  omeut?  any  amount  of  money 
he  sees  tit.  and  thus  actually  defraud  his  cred- 
itors. The  other  gentleman  from  Storey.  (Mr. 
DeLonjr.)  reniinds'^us  tiiat  we  are  to  remenil)er 
the  old  axiom.  -  That  fraud  vitiates  every  con- 
tract." 1  will  ask  that  gentleman,  for  he  has 
had  a  larirer  experience  in  the  practice  of  the 
law  than  I  have,  whether  he  does  not  know  that 
to  prove  fraud,  although  you  may  he  pcrfi  ctly 
satisfi-'d  that  it  exists,  is  the  most  difficult  thing 
tliat  ever  lawyers  have  to  undertake  in  the  way 
of  prooT? 

Mr.  DkLONG.  I  will  answer  that  question 
now.  if  the  gentleman  wants  me  to.  I  have 
always  found  it  the  easiist  thing  to  prove. 

Mr'  KKNNKDY.  My  expiricuce.  then,  has 
been  dilferent  from  tha't  of  tlie  gentleman,  and 
I  will  state  that  it  is  the  most  difficult  matter  1 
ever  attempted  to  prove  before  any  jury.  I 
might  be  prrfectlv  satisfied,  and  they  might  be 
p.-rfeetlv  satisfud"  that  the  fraud  existed,  and 
vet  the  actual  proof  would  not  be  sufficient  to 
entitle  them  to  bring  in  a  verdict. 

Mr.  DkLONG.  Perhaps  the  presumption  of 
fraud  is  greater  among  the  people  where  I  have 
lived  than  it  is  where  the  gentleman  from  Lyon 
has  lived. 

Mr.  KEXN'EDY.  Then  I  will  call  the  gen- 
tleman's attention  to  another  legal  maxim,  and 
that  is.  that  a  man  is  always  to  be  presumed 
innoc'-nt  until  be  is  proved  guilty.  You  must, 
therefore,  prove  the  fraud  l)eyond  any  reasona- 
ble doulH.  for  it  is  an  actual  crime— made  so 
by  statute.  I  am  willing  to  vote  for  this  pro- 
vision as  it  now  stands  ;  but  most  certainly  I 
shall  vote  against  any  amendment  ottered  pro 
posing  to  limit  it  as  "to  the  number  of  acres  or 
value  of  the  prop  rty  to  be  exempted;  for  that 
is  a  question,  so  far  as  I  am  concerned,  which  I 
desire  to  leave  to  the  representatives  of  the 
peoph  ,  elected  from  my  county,  as  well  as  oth- 
ers, perhaps,  upon  that  special  issue.  Now. 
gentleni'-n  have  insisted,  upon  this  floor,  time 
and  again,  that  we  are  legislating  too  much  in 
our  Constitution  ;  and  here,  for  once,  I  am  wil- 
ling to  mi  et  them  on  that  ground.  Let  us 
leave  this  matter  to  the  representatives  of  the 
people,  and  let  them  ditermine  it.  Let  us 
place  the  provision  in  such  a  shape  that  they 
can  change-  it— so  that  if  they  lind  the  sum 
first  lixed  upon  is  too  small,  they  can  make  it 
larger,  and  if  lh<-y  find  it  too  large,  they  can 
reduce  it.  1  am  not  willing  to  make  it  neces- 
Kary  to  change  the  Constitution  hefore  we  can 
get  rid  of  this  matter  of  homestead.s.  I  think 
such  a  provision  would  oftener  tend  to  work 
fraud  and  cmruptiou,  than  it  would  afford  any 
protection  to  those  wives  ami  ciiildren  about 
whom  the  gentleman  from  Lander  (Mr.  War- 
wick )  spoke  so  feelingly.  Let  the  section  stand 
as  it  is,  an<l  I  will  vote  for  it;  Imt  with  any 
amendment,  such  as  Las  been  proposed,  1  shall 
vote  against  it. 

Mr.  K.VItL.  I  oppose  the  amendment  offered 
by  my  colleague,  (.Mr.  Tozer,)  for  the  reason 


that  it  leaves  the  land  open  to  improvements — 
allowing  the  debtor  to  expend  a  large  amount  in 
that  way,  in  addition  to  the  amount  of  his  prop- 
erty originally  set  apart  as  a  homestead.  1  can- 
not.-ee  how  the  matter  could  be  arranged  so  as  to 
separate  the  improvements  from  the  land  itself. 
A  person  whilst  in  good  circumstances,  might 
expend  a  large  amount  of  money  either  upon 
one  acre  or  one  hundred  and  sixty  acres  of 
land,  and  it  would  be  a  very  difficult  thing  to 
prove  fraud  upon  him  ;  and  in  my  opinion, 
not  only  diflicult.  but  quite  impossible.  Now, 
sir,  1  thought  that  this  section,  after  we  had 
amended  it  the  other  day,  should  have  satisllcd 
any  reasonable  man,  except,  perhaps,  in  one 
thing,  and  that  is,  the  amount  fixed  upon  as 
the  limit ;  and  in  regard  even  to  the  question 
of  the  amount,  every  member  appeared  at  that 
time  to  be  satisfied,  for  I  believe  no  amendment 
was  ottered.  I  will  at  a  proper  time  propose  an 
amendment,  which  I  will  now  read  for  informa- 
tion, and  which  I  think  will  provide  for  any 
changes  which  may  hereafter  occur  in  the  cur- 
rency, leaving  that  matter  to  the  discretion  of 
the  Legislature.  I  propose  to  insert  in  the 
original  section,  after  the  words  "  of  the  aggre- 
gate value  of,"'  the  following  : — 

"  Not  less  than  five  thous.and  dollars,  prnvitled,  that 
said  exemption  shall  extend  to  all  premises  under  the 
value  of  five  thousand  dollars,  claimed  as  a  homestead 
under  the  provisions  of  this  section." 

For  instance,  if  a  man's  premises  are  worth 
five  thousand  dollars,  or  two  hundred  dollars, 
as  the  case  may  be,  let  them  be  exempt  ;  and 
if  the  value  afterwards  amounts  to  more  than 
that,  then  let  the  property  be  sold.  I  do  not 
see  the  objection  to  that  which  my  colleague 
(Mr.  DeLong)  has  urged  ;  for  if  it  is  sold,  in 
such  a  case,  the  man  still  gets  his  five  thousand 
dollars,  which  he  will  find  a  great  help  to  his 
family. 

Mr.  DeLONG.  Still  he  would  have  no  home 
to  serve  as  a  shelter  for  his  wife  and  children, 
lie  has  the  money  in  his  pocket,  but  no  house 
to  live  in. 

Mr.  EARL.  Very  true  ;  but  no  law  can  be 
frami'd  liy  which  a  man  can  be  enabli'd  to  re- 
tain his  homo  undiT  all  circumstances,  when 
that  liouK!  has  become  of  great  value,  without 
iloing  gross  injustice  to  his  creditors.  I  think 
if  a  man  fails  and  is  unal)l(!  to  pay  his  debts, 
he  shoulil  be  very  well  satisfied  to  be  allowed 
to  retain  five  thousand  dollars  to  invest  in  a 
homestead.  IJiit  do  I  understand  my  colleague 
to  say  that  under  this  provision  a  man  could 
invest  his  money  in  hogs  or  sheep,  and  that 
Ih  y  would  bi' exempt  ? 

Mr.  DkLOXG.     Certainly, 

Mr.  EARL.  Not  at  all.  I  am  no  lawyer, 
Init  I  would  risk  a  suit  upon  that  question — 
that  under  this  amenflment,  the  moment  a  man 
invests  his  money  in  hogs,  in  sheep,  in  cattle,  or 
anything  except  a  home,  that  moment  it  would 
be  subj.  ct  to  execution.  Now,  there  is  another 
point  which  I  think  has  not  been  sufficiently 
considered,  and  I  wish  to  urge  it  as  an  objec- 


9th  day. 


LEGISLATIVE  DEPARTMENT. 


303 


Wednesday,] 


Frizell— Earl— DeLong — Lockwood— Kennedy. 


[July  13. 


tion  to  the  proposed  registration  of  the  home- 
.jtead  ;    and    a   serious   objection    too,    in    luy 
opinion.     It  is  this  :    tliat  many  persons  would 
fail  to  register  their  homesteads.      Every  man 
is  more  or  less  hopeful,  even  while  he  is  in  fail- 
ing circumstances,  and  many  would  therefore 
neglect  to  register  their  homesteads  until  the 
crash  came,  when  it  would  be   too  late  to  set 
apart  a  homestead  for  the  family.     I  propose  ' 
to  relieve  every  man  from  that  requirement,  and  ' 
to  say  that  a  homestead  to  the  e.xtent  of  five  1 
thousand    dollars  shall  be  exempted  without ' 
previous  registration. 

Mr.  FRIZELL.  I  rise  to  say  but  a  few  words 
on  this  subject,  and  will  then  take  my  seat. 
The  only  argument  I  desire  to  offer,  is  simply 
to  remind  the  Convention  that  we  shall  have  a 
Legislature  hereafter — that  this  Constitution 
which  we  are  framing  proposes  that  we  shall 
have  a  Legislature  in  the  future  ;  though  I 
might  say,  enpassant,  that  this  Convention  does 
not  seem,  judging  from  its  action,  to  contem- 
plate the  future  existence  of  a  Legislature.  I 
will  say  still  further,  Mr.  President,  that  I  am 
getting  sick,  sir— quite  sick.  [Laughter.]  No 
man  on  this  floor  has  more  kindly  feelings,  or 
better  appreciates  the  honesty  of  heart  and  pu- 
rity of  purpose  of  the  members  surrounding 
him  than  I  do  ;  but  I  came  here,  sir — saying 
nothing  of  the  sense  or  ability  which  I  may 
Lave  been  supposed  to  possess — simply  to  make 
a  State  Con^itution  ;  not  to  legislate  for  the 
future  State.  Now,  this  homestead  question  is  a 
precarious,  slippery  business  any  how,  and  I  pre- 
fer to  leave  it  for  the  Legislature,  coming 
as  it  will,  fresh  from  the  people,  to  settle 
and  determine.  They  will  have  ninety  days  to 
sit,  and  that  will  be  ample  time  for  framing  and 
and  considering  the  laws  necessary  to  be  pa.'sed. 
Now,  sir,  I  would  ask  gentlemen  what  in  the 
world  we  have  to  do  with  people's  hogs,  or  sheep 
or  blacksmith's  shops,  or  with  cliarging  men 
with  fraud,  or  contending  that  a  jury  is  sure  to 
convict  of  fraud,  or  that  it  is  the  most  difficult 
thing  in  the  world  to  convict  a  man  of  fraud? 
What  on  earth  have  we  to  do  with  all  these 
extraneous  matters?  I  say  again,  I  am  getting 
sick  of  it  all. 

Mr.  EARL.  I  suggest  that  the  gentleman 
have  leave  of  absence  for  a  few  minutes. 
[Laughter.] 

Mr.  DeLONG.  It  is  probably  all  owing  to 
bad  habits.     [Laughter.] 

Mr.  FRIZELL.  I  hope,  sir,  that  all  these 
amendments  will  be  voted  down,  and  then  I 
will  offer  this,  which,  with  the  permission  of 
the  Convention,  I  will  read.  It  sets  up  four 
bold  landmarks ;  and  after  that,  I  am  willing 
to  trust  for  finishing  the  structure,  whether 
hard  or  soft,  or  in  whatever  manner  they  please, 
to  the  Legislature. 

Sec.  30.  The  Legi.slatiire,  at  its  first  session  under 
this  Constitution,  sliall  jirovide  by  law  for  securing  a 
homestead  to  families,  and  to  those  having  families 
under  their  charge,  under  such  rules  and  regulations, 
and  of  such,  value,  as  said  Legislature  shall  prescribe." 


The  provision  for  tho.se  having  families  under 
their  cliarge,  is  an  idea  not  contained  in  the 
propositions  now  before  us.  Now,  Mr.  Presi- 
dent, and  gentlemen  of  the  Convention.  I  hope 
that  this  amendment  now  under  consideration 
will  be  voted  down,  and  then  I  am  willing,  as 
I  agreed  once  heretofore,  that  this  section 
should  stand  as  engrossed  ;  but  if  that  is  not 
done,  I  hope  we  shall  adopt  the  substitute 
which  I  have  just  read  and  sent  up. 

Mr.  LOCKWOOD.  I  had  prepared  an  amend- 
ment of  that  character,  and  I  trust  that  when 
we  have  a  vote  upon  it,  we  shall  let  it  be  a 
test  vote.  Let  us  see  who  are  in  favor  of  legis- 
lating in  the  Constitution,  and  who  think  that 
all  wisdom  is  going  to  die  out  with  this  Con- 
vention. Let  us  consider  it  a  test  vote,  and 
dispose  of  the  sulject  promptly. 

Mr.  DeLONG.  Only  one  word,  if  you  please, 
Mr.  President,  in  relation  to  that  rule  of  law 
regarding  convictions  for  fraud.  My  friend 
from  Lyon  (Mr.  Kennedy)  said  that  a  convic- 
tion for  fraud  had  to  be  obtained  like  a  convic- 
tion for  crime,  in  which  it  is  necessary  that  the 
evidence  shall  remove  all  reasonable  doubt. 
Now,  it  was  held  in  the  case  of  McDonald  v. 
Baker,  2d  California  Reports,  that  when  a  man 
has  concealed  his  property  surreptitiously,  a 
presumption  of  fraud  is  thereby  raised — that 
fraud  may  be  inferred  in  such  a  case,  and  is  to 
be  repelled  by  proof. 

Mr.  KENNEDY.     That  it  may  be  presumed  ? 

Mr.  DeLONG.  Yes,  sir.  And  now  I  say 
that  either  one  of  these  amendments  would  be 
subject  to  abuse  and  fraud,  and  I  do  not  think 
that  any  provision  can  be  framed  which  would 
not  be. 

Now  I  will  only  say  to  my  friend  who  sends 
up  an  amendment  which  he  hopes  will  be  voted 
down,  and  who  uses  strong  objurgations  in  his 
argument,  that  I  am  not  at  all  sick,  and  I  hope 
that  he  will  very  speedily  be  restored  to  health. 

Mr.  FRIZELL.  Will  my  colleague  allow  me 
to  ask  him  a  question?  Does  he  not  think  that 
there  will  be  men  hereafter  in  the  Legislature 
who  will  understand  this  matter  as  well,  and 
be  equally  as  much  interested  in  it,  as  he  is? 
How  many  children  has  my  colleague  ? 

Mr.  DeLONG.  Now,  that  is  a  very  sick 
question  indeed.  If  the  gentleman  wants  to 
leave  it  to  the  Legislature,  why  should  he  oftVr 
an  amendment  providing  that  the  first  Legisla- 
ture shall  do  so?    Consistency  is  a  jewel. 

Mr.  FRIZELL.  My  colleague  does  not  wear 
it. 

Mr.  DeLONG.  I  never  wore  jewelry  in  my 
life.  [Laughter.]  I  say  we  have  just  as  good 
a  right  to  instruct  the  Legislature  in  one  thing 
as  in  another.  If  we  may  say  fhey  shall  pro- 
vide in  some  w.iy  for  exempting  the;  homestead, 
we  may  also  say  how  they  shall  make  such  pro- 
vision. 

Mr.  LOCKWOOD.  Let  me  ask  the  gentle- 
man one  question.  I  understand  him  to  say 
that  in  case  of  an  appeal  to  the  Supreme  Court 
of  California,  that  court  decided  that  such  a 


304 


LEGISLATIVE  DEPARTMENT. 


[9th  day. 


Wednesday.] 


I)eLo.\g—Nourse—Fiuzell—Eakl— President— Gibson. 


[July  13. 


statutory  clause  was  entirely  inoperative,  and 
tbvicfore.  t'ven  if  the  Legislature  were  oi»posed 
tu  ;i  liouustiad  law.  we  s-bould  still  bave  it. 
uiiJiT  tbe  cuiistitutioual  provision.  Is  not  that 
tbo  true  piisilioii '.' 

Mr.  DfcLUNG.  It  if=  true  tliat  the  constitu- 
titiuai  provision  is  mandatory,  and  the  Legisla- 
ture tberel'ore  cannot  prevent  it.  It  leaves  the 
people  with  the  largest  lilierty  to  create  lionie- 
steads  as  tb<v  please.  [-Question,  question."'] 
Mr.  NUUKSE.  I  sliall  vote  against  the 
aiueiidnuiit  ollVred  by  the  gentleman  IVom  .Sto- 
rey. (.Mr.  ToZ' r.)  anil  if  the  section  is  to  be 
changed  at  all.  1  shall  prefer  to  strike  it  out 
altogether,  because  Section  15  of  the  Declara- 
tion of  Rights,  as  printed  in  this  old  Constitu- 
tion, in  my  judgiuent,  pio.ides  fo.-  this  whole 
mattt  r. 

The  question  was  taken  on  the  motion  by  Mr. 
To/.er  to  recommit  Section  3U,  with  instructions 
to  amend  as  proposed  by  him,  and  it  was  not 
agreed  to. 

Mr.  r  RIZHLL.  I  now,  with  all  the  diffidence 
in  the  world,  appeal  to  the  Convention  to  adopt 
my  substitute,  and  I  will  ask  that  it  be  read. 

The  Secretary  read  as  follows  : — 

Sec.  30.  The  Legislature,  at  its  first  session  under 
this  CoustitutKJU,  shall  providu  by  law  tVir  securing  a 
homestead  to  families,  and  to  those  ha\'iug  a  family 
ua<l(r  their  eliarge,  under  such  rules  and  regulations, 
and  of  siuh  value,  as  said  Legislature  shall  prescribe. 

Mr.  1-;.\RL.  I  ottered  my  amendment  in  good 
faith,  and  I  think  it  takes  precedence  of  my 
colleague's  substitute.  I  move  to  recommit 
the  sictiiin  with  instructions  to  amend,  by  in- 
serting after  the  words  '•  of  the  aggregate 
value  of,"  the  following  : — 

"  Not  less  than  five  thousand  dollars,  pronided,  that 
said  exemption  shall  extend  to  all  premises  under  the 
value  of  live  thousand  dollars,  claimed  as  a  homestead 
under  the  provisions  of  this  section." 

The  ami'udment  anticipates  only  a  change  of 
the  currency.  If  the  Legislature  deems  it 
proper,  in  case  the  currency  should  go  down, 
the  limit.itiou  may  be  fixed  at  a  larger  sum,  but 
not  at  less  thau  live  tbousaud  dollars  in  any 
event. 

Mr.  NOURSB.  Does  this  amendment  com- 
pel everv  man  to  have  a  homestead. 

The  PRLSIDKNT.  The  Chair  is  not  pre- 
pare<l  to  decide  that  question. 

The  question  was  taken  on  the  motionof  Mr. 
Earl,  and  it  was  not  agreed  to. 

The  (piestion  was  next  stated  to  be  upon  the 
miitjdii  (if  Mr.  Frizell. 

Mr.  1  RIZKLL.  No  doubt.  Mr.  President 
antl  giMillemen,  you  have  all  read  tiie  Consti- 
tution of  till!  Uniterl  States,  the  Dtclaration  of 
Ind<[)endence.  and  the'  Old  Articles  of  Con- 
ferleralioii.  Those  pap'rs  sound  something 
like  statesmanshiii,  because  they  do  not  talk 
about  everything  in  the  way  of  minor  details. 
I  have  trii<l.  sir.  in  my  weak  way,  which  is  no 
doubt  very  weak  and  a  gn-at  ways  oil',  to  keep 
Ihos*'  great  models  in  view  ;  but  here  in  this 
atnendnniit  an."  laid  down  the  landmarks,  at 
least,  which  may  be  required  for  the  guidance 


of  the  Legislature.  If  it  surts  the  Convention, 
I  hope  members  will  vote  for  it ;  if  not,  they 
can  vote  it  down. 

Mr.  NOURSE.  I  object  to  the  amendment, 
because  under  it  the  Legislature  fixes  the  value, 
and  there  is  no  reliable  basis  lor  it. 

The  question  was  taken  on  Mr.  Frizell's 
amendment,  and  it  was  not  agreed  to. 

Mr.  E.\11L.  I  move  the  adoption  of  the  sec- 
tion as  it  stands. 

The  PRESiDIi:NT.  It  is  not  necessary,  as 
this  is  the  third  reading  of  th')  article. 

The  PRESIDENT  appointed  as  the  special 
committee,  under  the  instructions  to  strike  out 
Section  32,  Messrs.  DcLong,  Parker,  and  Fol- 
som. 

Mr.  DeLONG.  As  our  duty  is  a  very  simple 
one,  I  suppose  that  with  the  consent  of  the 
Convention  we  can  report  now.  The  special 
committee  to  which  was  referred  Section  32, 
with  instructions  to  strike  it  out,  beg  leave  to 
report  to  the  Convention  that  'they  have  per- 
formed that  duty,  and  the  section  is  jio7i  est. 

The  question  was  taken  on  adopting  the 
report  of  the  committee,  and  it  was  adopted. 

The  hour  of  five  o'clock  having  arrived,  the 
President  declareil  the  Convention  at  recess 
until  seven  o'clock,  P.  M. 


EVENING  SESSION. 

The  Convention  met  at  seven  o'clock,  P.  M., 
and  was  called  to  order  by  the  President. 

The  Secretary  reported  that  there  was  not  a 
quorum  of  the  members  in  attendance. 

CALL   OF   THE   HOUSE. 

On  motion  of  Mr.  FITCH,  a  call  of  the 
House  was  ordered,  and  the  following  gentle- 
men responded  to  their  names  : — Messrs.  IJanks, 
Drosnan,  Clmpin,  Crawford,  Dunne,  Fitch,  Ilov- 
ey.  Proctor,  and  Mr.  President — 9. 

Messrs.  Sturtevant.  Kennedy,  Earl,  Crosraan, 
Tagliabue.  DeLong.  Belden,  Brady,  McClinton, 
Tozer.  Ilawley.  Kinkead,  and  Mason,  were  .sev- 
erally brought  in  by  the  Sergeaut-at- Arms,  and 
made  excuses  for  their  absence. 

After  some  proceedings  of  a  jocose  charac- 
ter under  the  call  of  the  House — ■ 

On  motion  of  Mr.  DeLONG,  further  proceed- 
ings under  the  call  were  dispensed  with. 

The  I'RESl  DENT  announced  that  the  sum  of 
four  (hdlars  hud  been  cidlected  by  fines  imposed 
u])on  members  under  the  call  of  the  House, 
wliich,  at  the  suggestion  of  the  Sergeant-at- 
Arms,  would  be  given  to  the  Sanitary  Fund. 

Mr.  GIBSON  said,  as  he  had  come  in  since, 
he  would  pay  a  dollar,  so  as  to  make  it  live 
dollars. 

LEGI.SLATIVE    DEPARTMENT. 

The  Convention  resumed  the  consideration 
of  Article  IV^.  entitled  Legislative  Department, 
upon  the  third  reading  of  the  article. 


9tli  clay.] 


LEGISLATIVE  DEPARTMENT. 


305 


Wednesday,] 


DeLong— Johnson— Banks — Fitch— Dunne. 


[July  13. 


Mr.  DeLONG.  I  suggest  that  the  rule  re- 
quiring a  bill  to  be  read  through  on  its  third 
reading,  might  be  suspended,  unless  some  gen- 
tleman has  an  amendment  to  otter.  I  will 
move  that  the  further  reading  of  this  article 
b'j  disp(!nsed  with. 

The  PRESIDENT.  That  proposition  has 
heretofore  been  made  in  the  Convention.  Of 
cour.se  it  is  within  the  power  of  the  Convention 
to  dispense  with  the  reading,  if  it  is  not  deem- 
ed necessary,  but,  for  one,  I  am  exceedingly 
desirous  that  these  articles  should  be  read 
through  after  they  are  engrossed,  because  it 
has  become  apparent  already,  that  errors  might 
otherwise  escape  correction.  Even  if  there  is 
but  a  single  word  to  supply  or  strike  out,  or  any 
change  necessary  to  be  made,  howsoever  slight, 
the  correction  should  be  made  before  the  bill 
is  passed  to  enrollment. 

Mr.  DeLONG.  Very  well  ;  I  withdraw  the 
motion. 

The  reading  of  the  article  was  proceeded 
with,  and  several  clerical  errors  were  ordered 
to  be  corrected  by  the  Secretary,  by  unanimous 
consent. 

COMPENSATION'  OF  MEMBERS  OF  THE  LEGISLATURE. 

Section  28,  having  been  read,  as  follows  : — 

Sec.  28.  No  money  shall  Ise  clra\\'n  from  the  State 
treasury  as  salary  or  compensation  to  any  officer  or 
employee  of  the  Legislature,  or  either  branch  thereof, 
except  in  cases  where  such  salary  or  compensation 
has  been  fixed  by  a  law  in  force  prior  to  the  election  or 
apiwintmeut  of  such  officer  or  emx)loyee;  and  the  sal- 
ary or  compensation  so  fixed  shall  neither  be  increased 
nor  diminished  so  as  to  applj'  to  any  officer  or  employee 
of  the  Legislature,  or  either  branch  thereof,  at  such 
session;  provided,  that  this  restriction  shall  not  apply 
to  the  fijst  special  and  regular  sessions  of  the  Legisla- 
ture. 

[Mr.  Ciiapin  in  the  Chair.] 

Mr.  JOHNSON.  I  think  it  will  be  seen  that 
the  latter  part  of  that  clause  is  entirely  unne- 
cessary, and  that  it  does  not  harmonize  with 
the  proposed  general  legislative  system.  This 
portion  of  the  section  was  adopted  by  the  for- 
mer Convention,  under  circumstances  diffi'ring 
from  the  present.  Under  the  framework  of  the 
system,  as  then  devised,  we  were  to  have  a  spe- 
cial session  for  a  limited  time  immediately  suc- 
ceeding the  election,  for  the  special  purpose  of 
electing  United  States  Senators,  and  then,  fol- 
lowing that,  a  regular  session  of  the  Legisla- 
ture—no duties  to  be  performed  at  the  special 
session  further  than  the  election  of  Senaiors. 
Members  of  the  former  Convention  will  bear 
witness  as  to  the  objects  then  had  in  view,  and 
that  this  special  session  was  to  transact  no  other 
business  than  such  as  I  have  stated.  Conse- 
quently, this  limitation  should  not  be  made  to 
apply  to  a  special  session.  At  the  first  regular 
session,  the  Legislature  necessarily  has  to  elect 
its  officers  and  employees  before  it  is  properly  or- 
ganized, and,  consequently,  it  should  be  clothed 
with  the  power  of  fixing  the  salaries  of  all  its 
officers.  Now,  I  propose  to  amend  the  proviso, 
and  if  no  objection  be  made,  we  can  make  the 
T 


alteration  at  once.  I  move  to  strike  out  the 
words  "  special  and  regular  sessions."  and  in- 
sert the  word  "  session,"  so  that  the  proviso 
will  read  : — ■ 

'■I'rnvuh'd,  that  this  resolution  shall  not  apply  to  the 
first  session  of  the  Legislature." 

No  objection  being  made,  the  Secretary  was 
instructed  to  make  the  amendment. 

FIRST   SESSION   OF   THE    LEGISLATURE. 

Section  29  was  read,  as  follows  : — 
Sec.  29.  The  first  regular  session  of  the  Legislature 
under  this  Constitution  may  extend  to  ninety  davs.  but 
no  subsequent  regular  session  sliall  cxi-icd  sixty  days, 
nor  any  special  session  convened  by  the  Governor  ex- 
ceed twenty  days. 

Mr.  JOHNSON.  I  suggest  that  the  word 
"regular,"  in  the  first  line,  need  not  be  there, 
under  the  theory  of  the  system  which  we  pro- 
pose to  adopt,  because  the  first  session  will  be 
a  regular  session. 

Mr.  BANKS.  I  think  it  is  barely  po.ssible 
that  there  may  be  a  special  session,  before  the 
regular  session. 

Mr.  JOHNSON.  You  cannot  possibly  have 
a  special  session  anterior  to  the  regular  session, 
unless  you  first  change  the  whole  theory  by 
which  we  have  been  governed,  in  the  arrange- 
ments we  have  thus  far  made.  The  old  Consti- 
tution, on  the  contrary,  contemplated  having  a 
a  special  .session  first,  and  then  a  regular  session. 

Mr.  FITCH.  I  understand  thatlt  is  not  pro- 
posed to  have  the  regular  session  commence 
until  January  next. 

Mr.  JOHNSON.  According  to  the  plan 
which  we  have  thus  fur  adopted,  there  is  to  be 
no  election  until  November,  and  I  suppose  the 
Legislature  cannot  meet  until  January. 

Mr.  FITCH.  But  we  might  provide  in  the 
Schedule  for  a  special  session. 

Mr.  JOHNSON.  These  matters  were  dis- 
cussed some  days  since,  and  the  conclusion  I 
then  arrived  at,  although  there  was  no  distinct 
action  had  on  the  subject  by  the  Convention, 
there  being  nothing  under  consideration  mak- 
ing an  issue  ou  the  question,  was.  that  there 
should  be  no  election  until  the  time  of  the  Pres- 
idential election,  in  November.  Th(!  gentleman 
from  Humboldt  (Mr.  Dunne)  participated  in 
that  discussion,  and  I  think  he  will  recollect 
that  such  seemed  to  be  tlie  expression  of  the 
Convention. 

Mr.  DUNNE.  There  is  another  section  which 
we  have  acted  upon,  and  wliich  has  a  l)eai-ing 
upon  this  question.  The  time  of  the  election 
was  at  first  fixed  in  September,  but  that  was 
subsequently  rejected,  and  November  agreed 
upon,  so  that  now,  by  the  provisions  of  our 
Constitution,  there  can  be  no  canvassing  of  the 
votes  until  December. 

Mr.  FITCH.  Perhaps  T  may  have  misunder- 
stood the  action  of  the  Convention,  but  I 
thought  it  was  designed  to  have  the  first  session 
of  the  Legislature  prior  to  January. 

Mr.  JOHNSON.  No  specific  time  has  been 
appointed  as  yet,  and  it  is  in  the  power  of  the 


306 


LEGISLATIVE  DEPARTMENT. 


[9th  day> 


Wediu'sday.] 


Fitch— HovEY — Kennedy — Collins— Johnson. 


[July  13. 


Convention  to  fix  another  time,  if  it  chooses  to 
do  so.  This  matter  was  discussed,  upon  the 
question  of  canvassinp  the  votes,  ou  the  occa- 
sion. I  believe,  when  the  proposition  was  before 
the  Convention  to  fix  an  earlier  prriod  for  the 
first  election  ;  and  from  the  tenor  and  purport 
of  that  discu.>ision.  I  felt  at  liberty  to  presume 
that  ih'j  basis  of  action  of  the  Convention  was 
such  as  to  preclude  the  necessity  of  a  special 
session. 

Mr.  FITCH.  If  we  finally  adopt  this  section 
now.  it  will  be  beyond  our  ])ower  to  recall  it. 
1  have  myself  contemplated  tlie  probability. 
nay.  the  necessity  of  a  session  previous  to 
January  next. 

.Mr.  HOVEY.  I  have  based  my  vote  and  my 
ailiou  hitlierto.  upon  the  hypotliesis  of  my  col- 
huirue.  (.Mr.  Fitch.)  that  in  the  Schedule  we 
sli.Ul  fix  the  time  of  the  first  election  at  an 
earlier  day. 

Mr.  KliS'.N'EDY.  I  would  like  to  have  gen- 
tlemen explain  the  reason  why  a  .session  is  ne- 
Ci  >sary  jirior  to  the  fii'st  of  January.  ISf!.'). 

Mr.  FITCH.  I  ciui  exi)lain  it  very  readily. 
It  is  required  that  we  .«hall  elect  two  United 
.States  Senators  to  represent  the  State  of  Neva- 
da in  Congress,  and  very  important  legislation 
may  be  expected  to  come  up  in  Congress  at  an 
early  period  in  the  next  session.  Now.  if  our 
Legislature  does  not  meet  until  January,  we 
cannot,  of  course,  be  represented  in  the  Senate 
earlier  than  February,  or  perliaps  March  ;  and 
I.  for  one.  judge  it  to  be  expedient,  if  we  are 
going  to  have  a  representation  in  Congress  at 
ail.  that  we  should  have  our  representatives 
there  as  early  as  possible.  Gentlemen  will 
bear  in  mind  tliat  Congress  meets  in  December 
next. 

.\Ir.  KENNEDY.  I  certainly  understood. 
when  we  fixed  the  day  of  election  in  Novem- 
b.-r.  that  we  were  not  to  have  a  session  of 
thi!  Legislature  until  January.  I  can  see  no 
special  use  for  a  session  before  tliat  time.  In 
regard  to  the  election  of  United  States  Sena- 
tois.  that  should  be  done  as  the  first  business 
ol'  the  session. 

.Mr.  FITCH.  If  the  gentleman  had  much 
experience  in  legislative  matters,  perhaps  he 
Would  be  of  opinion  that  it  would  take  a  long 

tlni"'  to  elect  tiicm. 

.Mr.  C<JLLI.\S.  I  can  conceive  of  some  im- 
portant matters  which  should  recpiire  an  early 
.session  of  the  Legislature,  and  1  confess  that 
my  vote  has  been  given  heretofore,  with  the 
id'  a  (hut  this  matter  would  lie  arranged  in  the 
Scliedule.  I  have  not  had  much  conversation 
with  any  one  on  the  subject,  but  in  tlie  county 
wiiicii  I  represent,  at  present  our  judicial  affairs 
are  in  such  a  condition,  tliat  tliere  is  an  urgent 
deiniiiid  for  the  organization  of  the  State  at  as 
early  a  day  a.s  po.ssible.  If  then;  he  any  one 
thing  which  mi>re  than  another  will  operate  to 
induce  Storey  County  to  go  for  a  State  organi- 
zation, it  will  l)e  tlie  conviction  on  tiie  jiart  of 
tlie  electors  of  that  county,  that  the  State  will 
be  launched,  the  judicial  officers  elected,  and 


their  duties  defined  by  the  Legislature,  at  the 
earliest  practicable  day.  We  have  on  the 
docket  of  the  court  in  that  district,  somewhere 
about  four  hundred  cases,  and  we  have  only 
one  judge  whose  jurisdiction  extends  to  those 
cases.  There  is,  besides  that,  a  large  amount 
of  litigation  which  would  be  commenced  iu 
that  court  if  there  were  the  least  possible 
chance  of  cases  being  brought  to  trial  at  an 
early  day.  It  this  Convention  sliall  assure  the 
people  of  Storey  County,  (and  1  think  there 
are  other  counties  in  the  same  category,  tlnuigh 
not,  perhaps,  so  deeply  involved  in  this  judi- 
cial— I  will  not  call  it  muddle — this  judicial 
inaction,)  that  the  judicial  system  under  the 
State  organization  will  be  put  into  immediate 
operation,  it  will  secure  the  su))port  of  the  people 
of  Storey  County  for  a  State  organization.  The 
peopleof  the  whole  Territory  feel  the  present  con- 
dition of  things  in  respect  to  the  judiciary  to  be 
a  great  hardship,  and  they  will  take  much  less 
interest  in  the  question  of  establishing  a  State 
Government  if  there  is  to  be  delay  in  that  mat- 
ter, than  they  would  if  assured  that  at  an  early 
day,  as  early  as  November,  if  possible,  the  Leg- 
islature would  meet  and  define  the  duties  of 
the  judges  who  are  to  be  elected  under  this 
Constitution.  On  my  part,  I  can  see  no  reason 
for  this  proposed  delay,  and  for  my  life  I  can- 
not comprehend  the  rationale  of  this  iiiditfercnce 
to  setting  in  motion  the  wheels  of  the  State 
Government  at  the  earliest  possible  hour. 
There  may  be  reasons  which  I  do  not  yet  un- 
derstand, and  I  would  like  to  hear  gentlemen 
who  are  opposed  to  that  proposition,  state  the 
grounds  of  their  opposition. 

Mr.  FITCH.  I  suggest  that  it  might  have  a 
pernicious  effect  to  act  definitely  and  finally  on 
this  suliject  now  ;  but  the  matter  could  be 
reached,  perhaps,  by  a  slight  amendment  in 
Section  2,  and  then,  possibly,  by  making  some 
further  provision  in  the  Schedule.  I  will  sug- 
gest that  Section  2  be  so  amended  as  to  read 
in  this  way  : — 

"The  sessions  of  the  Legislature  shall  be  biennial, 
and  shall,  alter  the  first  session  to  be  held  under  this 
Ooiistit\itiou,  comnieuce  on  the  first  Monday  of  Janu- 
ary, in  oaeh  year." 

Then  it  would  also  be  necessary  to  amend 
the  next  following  section,  so  as  to  read  : — 

"  The  niembers  of  the  LeRislaturo,  except  at  the  first 
session,  shall  l)e  ohoseu  biennially,"  etc. 

That  would  give  us  an  opportunity  to  ar- 
range this  matter  in  the  schedule,  in  such 
manner  as  we  may  deem  best,  providing  here 
for  the  first  session,  aiul  the  first  election  of 
members  of  the  Legislature,  without  prescrib- 
ing when  that  first  session  shall  be  held, 

Mr.  JOHNSON.  The  gentleman  does  not, 
by  his  aineudinent,  relieve  this  (jucstion  of  all 
the  difficulties  attending  it.  We  have  already 
passed  an  article  entitled  Executive  Depart- 
ment.and  that  is  beyond  the  control  of  the 
Convention  for  the  present. 

Mr.  FITCH.  It  can  be  reconsidered  if  neces- 
sary. 


9th  day.] 


LEGISLATIVE  DEPARTMENT. 


307 


Wednesday,]    Johnson— Fitch— Gibson— Chapin— Proctor— Stuutevant—Hawley.    [July  13. 


Mr.  JOHNSON.  Of  course  it  is  not  beyond 
the  power  of  the  Convention  to  reconsider  it, 
but  it  is  beyond  its  control  in  the  ordinary 
course  of  business.  But  the  amendment  sug- 
gested by  the  gentleman  from  Storey  does  not 
cure  the  evil  of  which  he  speaks.  Now,  I  feel 
unlike  discussing  the  subject  of  convening  an 
early  session  of  the  Legislature,  but  gentlemen 
must  be  aware  of  one  material  fact,  and  that  is, 
that  you  cannot  have  a  session,  at  least,  until 
the  Governor  is  inaugurated. 

The  PRESIDENT  pro  (em.  (interrupting.) 
Is  there  any  motion  before  the  Convention? 

Mr.  FITCH.  The  question,  I  understand,  is 
upon  the  passage  of  the  article. 

The  PRESIDENT  pro  (em.  The  question  is 
upon  the  passage  of  Article  IV,  which  is  upon 
its  third  reading. 

Mr.  JOHNSON.  If  there  is  no  motion  pend- 
ing, I  am  undoubtedly  entirely  out  of  order, 
but  I  supposed  that  a  motion  had  been  made. 

Mr.  GIBSON.  I  hope  my  colleague  will  be 
allowed  to  proceed 

Mr.  CHAPIN.  We  all  want  information  on 
this  subject.     ["  Leave,  leave !  "J 

The  PRESIDENT  pro  (em.  If  there  is  no 
objection,  the  gentleman  from  Ormsby  will 
proceed. 

Mr.  JOHNSON.  I  say  I  am  indisposed  to 
discuss  the  matter  of  the  propriety  of  having 
an  early  session  of  the  Legislature.  As  for  the 
election  of  United  States  Senators,  that  subject 
may  or  may  not  be  involved  ;  but  one  thing  is 
quite  apparent,  namely,  that  we  cannot  have 
a  session  of  the  Legislature  unless  we  have  a 
Governor — in  other  words,  that  sinniltaneously 
with  the  meeting  of  the  Legislature,  or  prior 
to  that,  we  must  provide  for  the  inauguration 
of  our  State  ofiBcers.  We  oannot  conveniently 
have  one  branch  of  the  Government  in  esue 
whilst  the  other  is  not.  And.  as  I  was  proceed- 
ing to  say,  that  necessarily  involves  another 
amendment  in  Article  V,  entitled  Executive 
Department,  which  we  have  already  passed. 
It  will  be  seen  that  according  to  the  present 
provisions  of  that  article,  the  canvassing  of  the 
votes  of  our  State  officers  cannot  occur  until 
the  third  Monday  in  December.  This  is  a  pe- 
riod, it  is  true,  prior  to  the  time  proposed  for 
the  meeting  of  the  Legislature,  the  first  Mon- 
day in  January  ;  but  it  is  so  short  a  time  prior, 
that  the  interval  between  that  and  the  first 
Monday  of  January  certainly  would  be  insuffi- 
cient to  accomplish  any  of  the  benefits  which 
have  been  suggested  here  as  likely  to  result 
from  calling  an  earlier  session. 

But  there  is  another  view  of  this  matter.  If 
I  were  disposed  to  discuss  the  propriety  of  an 
early  session  for  the  election  of  United  States 
Senators,  there  is  another  view,  which  relates  to 
the  propriety  of  our  having  an  early  represen- 
tation in  the  United  States  Senate,  and  in  Con- 
gress j  and  that  is,  the  difficulty  which  we  shall 
experience,  and  the  expense  and  trouble  grow- 
ing out  of  the  holding  of  repeated  elections. 
The  query  is  whether  or  not  we  should  be  ben- 


efited sufficiently  to  compensate  for  the  disad-' 
vantages  of  holding  an  extra  election.  Without 
expressing  any  opinion  myself  upon  that  point, 
I  would  ask  gentlemen  to  examine  the  question 
as  a  practical  one.  and  inquire  whether  or  not 
we  should  be  sufficiently  compensated  for  the 
trouble  and  expense  of  these  repeated  elections. 
We  are  to  have,  as  it  now  stands,  one  election 
on  the  first  Wednesday  in  September,  to  vote 
upon  the  Constitution,  and  then  another,  a 
general  election,  in  November,  which  is  the 
time  of  the  Presidential  election. 

Mr.  PROCTOR.  Cannot  we  provide  in  the 
schedule  for  an  earlier  election,  an  earlier 
meeting  of  the  Legislature  ? 

Mr.  JOHNSON.  Oh  no,  sir ;  by  no  means  ; 
not  unless  we  make  the  corresponding  changes 
which  are  required  in  other  portions  of  t7iis 
instrument,  such  as  I  have  already  pointed  out. 

Mr.  STURTEVANT.  The  first  Wednesday 
in  September  is  the  time  fixed  for  holding  the 
general  election  for  Territorial  officers,  who  are 
to  hold  office  in  case  the  Constitution  shall  be 
defeated,  and  it  will  not  do  to  let  that  time 
pass  by. 

Mr.  JOHNSON.  In  reply  to  the  inquiry 
of  the  gentleman  from  Nye,  (Air.  Proctor.)  I 
will  say,  that  of  Territorial  officers,  properly 
speaking,  we  have  none  to  elect,  except  our 
delegate  in  Congress ;  and  his  election  is 
fixed  under  existing  laws,  and  nothing  we 
can  do  here  can  ehange  the  period  for  electing 
that  officer.  As  to  the  other  Territorial  officers, 
properly  so-called,  the  people  do  not  elect  any 
of  them.  In  some  counties  they  have  to  elect 
county  officers,  but  the  Territorial  county  offi- 
cers can  be  continued  as  ex-officio  officers  under 
the  State  Government,  or  not,  as  the  Conven- 
tion may  please. 

Mr.  HAWLEY.  Does  the  gentleman  mean 
to  say  that  it  is  not  necessary  to  elect  mem- 
bers of  the  Assembly  this  fall  ? 

Mr.  JOHNSON.  Yes  ;  they  have  to  l)e  elect- 
ed, and  also  one-half  of  the  Council.  They  are 
to  be  elected,  however,  in  the  several  counties. 
But  I  desire  to  be  understood  as  saying  this, 
that  there  is  no  means  which  we  can  adopt,  by 
any  provision  in  this  Constitution,  which  will 
obviate  the  necessity  of  holding  the  Territorial 
election  in  September,  because  we  cannot  pos- 
sibly anticipate  whether  this  Constitution  will 
be  adopted  or  not.  And  1  suppose  that  every 
elector  will  vote  at  that  September  election, 
just  as  he  would  if  there  were  no  proposition 
pending  in  regard  to  a  State  Constitution  and 
State  Government ;  in  other  words,  he  will 
vote  independently  of  that  consideration,  and 
select  just  such  men,  as  Territorial  officers,  as  he 
would  otherwise,  because  at  the  same  time  that 
they  are  elected  the  vote  is  taken  upon  the  adop- 
tion or  rejection  of  the  State  Constitution.  We 
cannot  determine  here  that  the  people  will  rat- 
ify that  Constitution,  and  we  have  already 
heard  within  these  walls  grave  forebodings  that 
a  certain  course  of  action  on  our  part  will  inev- 
itably result  in  the  defeat  of  the  Constitution. 


308 


LECxISLATIVE  DEPARTMENT. 


[9th  day.- 


Wednesiday.] 


Stcrtevaxt — Johnson — Dunne — Fitch — Nourse — Brosnan. 


[July  13. 


The  proposition  is  this:  wc  have  to  vote  for  or 
against  the  Constitution  on  the  first  Wedncs- 
d  ly  of  Septenilier.  which  is  the  seventh  day  of 
thiit  month.  It  is  true  that  «e  have  the  author- 
ity, if  we  please,  to  allow  the  people  to  vote  at 
tlie  same  time  for  State  otticers.  Imt  after  the 
result  of  tip'  experiment  attempted  last  year.  1 
do  not  think  tiiat  plan  will  jje  tried  again.  On 
the  contrary,  I  assume  it  as  a  foregone  conclu- 
sion that  not  a  single  member  of  this  Conven- 
tion will  be  found  to  advocate  the  election  of 
the  .Slate  ollicers  at  the  same  time  that  the  vote 
is  lalven  ujion  the  Constitution. 

Mr.  STURTKVANT.  I  sujjpose  the  gentle- 
man is  aware  tiiat  I  was  not  running  for  office 
lust  fill.     [Merriment.] 

Mr.  J011N.~^()N.  My  remarks  did  not  apply 
to  the  genthman  from  Washoe,  but  I  have 
some  others  in  my  mind  who  were  members  of 
the  former  Convention.  With  perhaps  a  single 
exception,  I  believe  I  stood  alone  in  that  Con- 
vent on  asanopponent  of  that  policy,  and  should 
certainly  oppose  it  at  this  time.  But  if  we  do 
not  adopt  tliat  policy,  and  provide  for  a  State 
elt  etion  at  the  same  time  that  the  vote  is  taken 
for  or  against  the  Constitution.  I  admit  that 
we  may,  if  we  please,  appoint  anj'  day  subse- 
quent to  that  for  the  election  of  State  officers. 
1  concede  this  as  a  legal  jjroposition.  But  the 
question  arises  here,  how  far  removed  that  day 
should  be.  under  all  the  circumstances,  so  as  to 
allow  for  the  canvassing  of  the  votes?  What 
lapse  of  time  will  t)e  necessary  ?  We  have 
had  some  illustrations  upon  that  point  from 
gentlemen  here  who  represent  remote  counties, 
embracing  in  some  instances  quite  an  extensive 
population,  although  in  others,  including  rather 
large  regions  of  sage  brush. 

I  think  we  have  had  the  testimony  of  one 
g"ntleman  from  Iluniltoldt  County,  that  it 
requin-s  some  eight  or  ten  days  to  transmit  the 
r.-turns  from  remote  precincts  in  that  county. 
Then  there  is  also  the  time  required  for  can- 
vassing the  votes,  as  well  as  for  transmitting 
the  returns  to  the  seat  of  Government.  And 
in  the  event  of  a  closely  contested  election — 
and  wc  have  to  anticijiate  such  jirobabilities — 
pentlemen  will  perceive  that  nothing  short  of 
three  days  would  be  sufficient  to  allow  for  the 
canvas.sing  officers  to  perform  their  work  at  the 
seat  of  Government.  They  would  have  to  re- 
ceive and  canvass  the  returns,  and  declare  the 
result.  That  would  bring  us  down  as  late  as 
October,  the  election  occurring  on  the  seventh 
day  of  September. 

Mr.  DU.N'NE.  I  would  like  to  hear  some  re- 
marks directed  to  this  ])oint  :  whether  or  not. 
allowing  this  section  to  stand  as  it  is.  if  it  1)0  tlie 
de-ire  of  the  Convention,  we  can  still  provide 
for  an  earlier  convening  of  the  Legislature  for 
the  election  of  L'nited  States  Senators?  Can 
we  not  allow  it  to  remain  exactly  as  it  is,  and 
provide  for  a  change  of  time  for  the  first  ses- 
sion, entirely  in  the  schedule?  If  so,  then  this 
dis<-ussion  might  come  uj)  properly  when  we 
reach  that  portion  of  the  schedule. 


Mr.  JOHNSON.  I  know  my  remarks  are 
not  in  order,  but  I  am  speaking  by  permission 
of  the  Convention. 

Mr.  DUNNE.  '1  he  gentleman  misunderstands 
the  nature  of  the  question.  It  is.  whether  or 
not  it  is  the  opinion  of  the  Convention,  or  of 
members  of  the  Convention,  whose  opinions 
might  guide  us  upon  such  a  subject,  that  we 
can  provide  for  this  matter  altogether  in  the 
Schedule. 

Mr.  JOHNSON.  I  think  there  can  certainly 
he  no  doul)t  al)out  it,  this  being  the  general 
frame-work  only. 

Mr.  FITCH.  IIow^  would  it  be  as  to  the 
election  of  officers  under  the  Territorial  organ- 
ization? 

Mr.  JOHNSON.  There  is  no  question  about 
it,  I  say,  because  this  is  merely  the  general 
.system. 

Mr.  NOURSE.  Then  is  there  any  necessity 
of  changing  the  phraseology  of  the  section  as 
it  stands  here? 

Mr.  JOHNSON.  The  phraseology  of  this 
general  frame-work  should  be  such  that  the 
harmony  of  the  whole  shall  not  be  marred  and 
obscured  by  exceptional  cases.  Such  excep- 
tions should  have  no  place  in  this  part  of  the 
Constitution. 

Mr.  BROSNAN.  I  would  also  make  a  sug- 
gestion in  this  same  connection.  The  gentle- 
man from  Ormsby  entertains  the  same  views 
which  I  did  in  the  former  Convention,  and  it 
will  also  be  remembered  that  we  did  not 
change  the  word  "  biennial  "  there,  merely  be- 
cause we  wanted  to  provide  for  annnual  ses- 
sions for  a  year  or  two  subsequently,  but  we 
left  it  as  it  stands,  with  a  view  to  making  that 
provision  in  the  schedule  ;  and.  as  I  understand 
it.  with  the  view  of  also  providing  in  the  sched- 
ule for  a  special  election. 

Mr.  JOriNSON.  These  are  reasons  why  we 
should  strike  out  this  provision  from  the  Con- 
stitution. Whilst  here  we  provide  the  general 
frame-work  of  our  legislative  system,  in  the 
schedule,  as  the  gentleman  from  Humboldt 
(Mr.  Dunne)  has  remarked,  would  be  the  proper 
place  for  any  temporary  exceptions,  and  when 
that  shall  be  under  consideration  would  be  the 
proper  time  for  their  discussion.  I  only  pro- 
po.se  now.  however,  to  reply  to  some  remarks 
which  had  l)een  made  by  other  gentlemen  on 
this  ])articular  matter.  We  can  provide  in  the 
schedule,  as  I  have  before  said,  for  these  excep- 
tional cases  in  such  a  manner  as  to  preserve 
the  harmony  and  uni.son  of  the  whole  instrument. 

Jlr.  FITCH.  In  order  to  get  this  matter 
projjerly  before  the  Convention,  I  will  make 
this  motion:  I  move  to  commit  Article  IV  to 
a  sj)ecial  committee  of  three,  with  instructions 
to  amend  as  follows:  After  the  word  ''  shall," 
in  line  two,  of  Section  2,  add  "  except  at  the 
first  session."  After  the  word  "  shall."  in  line 
one,  of  Section  3,  add  "  except  at  the  first  elec- 
tion to  be  held  under  this  Constitution." 

The  (juestion  was  stated  upon  the  motion  to 
recommit,  with  these  instructions. 


9th  day,] 


LEGISLATIVE  DEPARTMENT. 


309 


Wednesday,] 


FiTCu — Proctor— Johnson. 


[July  13. 


Mr.  FITCH.  Upon  this  motion  I  have  sim- 
ply to  say,  that  on  the  first  Wednesday  of  Sep- 
tember, to  wit,  the  seventh  day  of  September, 
the  question  of  the  ratification  or  rejection  of 
the  Constitution  will  be  submitted  to  the  peo- 
ple. I  will  admit  that  proljably  thirty  days 
may  elapse  before  the  official  returns  of  tbe 
election  can  be  certified  to  the  Secretary  of 
State,  and  the  official  announcement  of  the 
result  can  be  telegraphed  officially  to  the  Pres- 
ident of  the  United  States,  who  is  thereupon 
empowered  to  admit  the  State  of  Nevada  into 
the  Union,  by  proclamation.  That  might  be 
accomplished,  then,  immediately  before  the 
Presidential  election.  Now,  it  is  true  that. 
although  the  official  returns  may  not  be  re- 
ceived within  a  month,  yet  the  result  of  the 
election  will  be  known  certainly  within  a 
week,  and  we  can  provide  for  the  election 
of  members  of  the  Legislature,  and  the  Gov- 
ernor and  judicial  officers,  as  early,  at  farthest, 
as  the  middle  of  October,  and  the  officers 
elected  can  take  their  seats  about  the  tenth 
of  November,  and  put  the  machinery  of 
the  State  Government  at  once  into  operation. 

I  trust  that  members  will  consider  the  import- 
ance of  this  subject,  which  has  not,  perhaps, 
suggested  itself  to  members.  If  we  have  a 
State  Government,  we  have  a  member  of  Con- 
gress, and  Congress  meets  on  the  first  Monday 
in  December.  It  is  among  the  remote  possibil- 
ities, though  I  hope  not  among  the  probabilities, 
that  the  election  of  the  President  of  the  United 
States  may  be  thrown  into  the  United  States 
House  of  Representatives — that  Mr.  Lincoln  may 
not  receive  a  majority  of  the  whole  number  of 
electoral  votes.  In  tliat  event,  the  vote  of  the 
State  of  Nevada  would  count  just  as  much  as 
the  thirty-four  votes  of  the  State  of  New  York, 
the  election  in  the  House  of  Representatives 
being  by  States.  It  would  therefore  be  a 
national  necessity  that  the  vote  of  Nevada 
should  be  had  in  the  House  of  Representatives 
of  the  United  States,  in  order  to  secure  the 
election  of  Mr.  Lincoln  to  the  Presidency  ;  and 
if  we  do  not  provide  for  a  Governor  and  mem- 
bers of  tbe  Legislature  to  go  into  office  before 
the  first  of  January,  our  representative  in  Con- 
gress may  not  be  able  to  take  his  seat  before 
the  election  is  over.  That  is  among  the  con- 
tingencies of  the  election,  and  so  long  as  it  is 
possible  for  us  to  have  an  early  election,  I  hold 
that  it  is  our  duty  to  do  it.  By  so  doing  we  shall 
be  able  to  present  strong  arguments  in  favor  of 
the  adoption  of  the  Constitution.  We  can  go 
before  the  people  and  tell  them  that  the  vote 
of  Nevada  may  be  needed  in  the  United 
States  House  of  Representatives,  in  order  to 
strengthen  the  arm  of  the  Government,  and 
that  will  be  in  addition  to  the  argument  that, 
by  the  adoption  of  the  Constitution,  the  people 
will  be  enabled  to  vote  at  the  Presidential  elec- 
tion. 

For  these  reasons,  sir,  I  submit  that  it  would 
be  well  to  have  the  State  election  take  place  at 
an  earlier  period  than  November,  and  then  we 


had  better  provide  for  taking  the  necessary 
steps  to  put  the  machinery  of  the  State  Gov- 
ernment in  motion  as  .soon  as  the  State  shall 
be  admitted.  I  do  not  wish  to  precipitate  a 
debate  upon  this  subject,  but  I  trust  that  the 
Convention  will  carefully  consider  the  propri- 
ety of  making  the  amendment  I  have  sug- 
gested, not  only  to  this  article,  but  also,  if 
necessary,  to  Article  V. 

Mr.  PROCTOR.  It  seems  to  me  that  this 
whole  subject  is  out  of  order,  and  that  the 
proper  place  to  discuss  the  question  will  be 
when  w^e  have  the  schedule  under  considera- 
tion. Now,  the  proposition  of  the  gentleman 
from  Storey,  (Mr.  Fitch.)  it  seems  to  me.  would 
have  a  tendency  to  injure  the  whole  frame- 
work of  the  Constitution,  a  thing  which  the 
gentleman  from  Ornisby  (Mr.  Johnson)  is  very 
desirous  of  guarding  against. 

Mr.  FITCH.  Does  the  gentleman  from  Nye 
have  an  idea  that  the  gentleman  from  Ormsliy, 
or  anybody  else,  holds  that  we  cannot  in  the 
schedule,  alter  not  only  the  time  for  the  elec- 
tion, but  also  the  time  for  the  Legislature  to 
meet,  and  for  the  State  officers  to  take  their 
seats  ? 

Mr.  JOHNSON.  There  can  be  no  doubt  of 
that. 

Mr.  PROCTOR.  I  think,  most  unques- 
tionably, after  the  body  of  the  Constitution 
is  adopted,  we  can  provide  in  the  schedule 
when  the  first  election  shall  take  place,  and 
how  and  when  the  officers  elected  shall  enter 
upon  the  duties  of  their  respective  offices. 

Mr.  FITCH.  And  at  what  time  they  shall 
take  their  seats? 

Mr.  PROCTOR.     Yes,  certainly. 

Mr.  FITCH.     Then  if  we  can,  all  right. 

Mr.  JOHNSON.  The  inquiry  of  the  gentle- 
man from  Storey  (Mr.  Fitch)  was  not  directed 
to  me,  but  as  my  name  was  embraced  in  it.  I 
will  answer  without  hesitation.  I  thought  I 
had  made  myself  distinctly  understood  on 
that  proposition  heretofore.  The  only  object 
I  have  been  aiming  at  in  connection  with 
this  matter  hitherto,  has  been  to  preserve  the 
harmony  and  unison  of  the  instrument  through- 
out, I  say  that  when  we  are  establishing  tbe 
general  frame-work,  we  should  not  emlirace  in 
it  the  exceptional  cases  also,  but  that  those 
provisions  should  be  found  eihcr  in  the  mis- 
cellaneous provisions  or  the  schedule.  That  is 
my  proposition,  and  I  do  not  think  tiiat  any 
gentleman  on  the  floor,  whether  a  lawyer  or 
otherwise, would  dispute  that  proposition.  The 
one  is  the  general  frame-work  of  our  Constitu- 
tion, while  the  other  embodies  the  special  and 
exceptional  cases  ;  and  the  two  being  construed 
together,  as  they  must  be.  no  conflict  could  re- 
sult, the  one  applying  to  the  future,  and  the 
other  to  the  present  or  immediately  succeeding 
time.  There  can  be  no  doubt,  in  my  judgment, 
of  the  propriety  of  that  course. 

Mr.  FITCH,  Having  great  confidence  in  the 
opinion  of  thi'  gentleman  fiorn  Ormsby,  I  take 
pleasure  in  withdrawing  my  motion. 


310 


LEGISLATIVE  DEPARTMENT. 


[9th  day. 


Weilne-siluy.] 


Johnson- — Hovet — Banks — Earl — Dunne — Collins — Nourse. 


[July  13. 


Mr.  JOHNSON.  The  question  now  recurs,  I 
suppiisf,  upon  my  Diotioii  to  amend  Section  29 
by  slrikiiip  out  the  word  '■  regular,"  and  that. 
I'lMlifve,  ri(|uires  the  unanimous  consent  of 
the  Convention. 

Mr.  HoVKY.  Does  not  that  word  "regu- 
lar." have  reference  to  special  sessions  which 
may  lie  convened  subsequently  by  the  Gov- 
ernor'.' 

The  amendment  was  not  fiirreed  to. 

Mr.  liANKS.  I  wish  to  know  exactly  how 
this  matter  we  have  been  discu>sin<r  now 
stands.  I  understand — and  I  have  listened 
atti-ntively  to  the  discussion — that  this  section 
remiins  unchanged,  and  that  it  is  proposed  to 
provide  in  the  schedule  for  any  exceptions  to 
tiiuse  general  provisions.  Is  that  the  state  of 
the  case  ? 

CALL   OF   THE   HOrSE. 

Mr.  KENNEDY.  I  rise  to  a  point  of  order. 
I  think  there  is  no  quorum  present. 

The  .-^ECRET.\KY  reported  that  there  were 
only  twenty  members  present. 

[Tiie  Pkesioent  in  the  Chair.] 

On  motion  of  Mr.  BANKS  a  call  of  tlie  House 
was  ordered,  and  the  following  members  re- 
sponded to  their  names  :  Messrs.  Banks,  Brady. 
Brosnan.  Collins.  Crosman.  Dunne.  Earl,  Fitch, 
Frizell.  Gibson,  ITawley.  ITovey.  Hudson,  Ken- 
nedv.  MeCiinton.  Noursi",  Proctor,  Sturtevant. 
Wetherill.  and  Mr.  President— 20. 

Messrs.  Belden.  DeLong.  Kinkead.  Tagliabue. 
and  Tozer  were  severally  admitted,  and  made 
their  excuses  to  the  Convention. 

After  considerable  time  spent  in  hearing  and 
considering  the  excuses  of  absent  members,  etc.. 

On  motion  of  Mr.  NOURSE,  further  proceed- 
ings under  the  call  were  dispensed  with. 

Mr.  EARL  moved  that  the  Convention  ad- 
journ. 

The  question  was  taken,  and  the  motion  was 
not  agreed  to. 

LEi;iSLATIVE    DEPAUTMENT. 

The  third  reading  of  Article  IV,  entitled 
Legislative  Department,  was  proceeded  with. 

THE    HOMESTEAD. 

Section  30  was  read  as  engrossed. 

Jfr.  DUNNE.  The  last  provision  seems  onlv 
to  aiqily  to  liens  made  by  the  husl)and  and 
wife  jointly.     It  says  — 

'•  /'roi-i'l''  I,  the  provisions  of  this  soction  shall  not 
apiily  (o  any  i)roceHH  of  law  <>l>tainc(1  \>y  virtue  of  a 
lieu  «iveii  by  the  coiiKoiit  of  botli  hUHbaud  and  wife." 

Now,  is  it  not  intended  that  the  person  who 
is  tlie  head  of  the  family  may  alienate  tlie 
liotnesteud  ■'  If  it  is  so  intend'il.  I  would  in- 
quire wliether  the  language  hen?  would  not 
prevent  the  person  who  is  entitled  to  the  home- 
stead from  alienating  it,  after  that  relationship 
of  hu«b:iMil  and  wifi-  has  ceased  to  exist  by 
rea-ioti  of  the  death  of  one  of  the  partie.s. 

Mr.  E.MU...  I  suppose  the  homestead  law, 
which  will  be  passed  pursuant  to  this  provis- 


ion, will  regulate  the  matter,  and  declare  who 
shall  be  considered  the  head  of  the  family. 

The  PRESIDENT.  The  inquiry  seems  to  be 
propounded  in  reference  to  the  lien,  in  view  of 
the  exce))tion  in  the  hist  proviso. 

Mr.  COLLINS.  Doe.s  not  that  language 
properly  refer  to  the  joint  consent  required  to 
be  given  on  the  part  of  the  husband  and  wife  ? 

Mr.  DUNNE.  That  is  the  very  point  I  desire 
to  raise. 

The  PRESIDENT.  The  gentleman  from  Hum- 
l)oldt  asks,  as  I  understand,  whether,  where  the 
relation  of  husband  and  wife  does  not  exist, 
this  provision  would  apply  ?  It  might  be  that 
a  widow,  or  a  widower,  or  another  person,  would 
be  the  head  of  a  family  ;  as,  for  instance,  a 
brother,  with  minor  children  dependent  upon 
him  for  support,  and  occupying  towards  him 
the  relation  of  a  family.  The  inquiry.  I  sup- 
pose, extends  to  tliem — as  to  whether  or  not 
the  exemption  would  apply  in  such  cases. 

Mr.  NOURSE.  I  understand  ^the  exemption 
applies,  whether  there  be  the  relation  of  hus- 
band and  wife  or  not.  Then  the  prohibition  of 
sale  applies  only  where  there  is  both  a  husband 
and  wife,  and  the  ol)ject  is  simply  to  prevent 
the  husband  from  selling  the  homestead  away, 
without  the  consent  of  the  wife.  Where  there 
is  no  longer  a  wife,  there  is  nothing,  as  I  un- 
derstand it,  to  prohibit  the  alienation  by  the 
husband,  or  rather,  by  him  who  has  been  the 
husband.  The  preceding  clause  only  makes 
certain  exceptions — it  says  the  homestead  siiall 
not  be  exempted  in  certain  cases.  And  if  a 
lien  is  given  by  both  husband  and  wife,  then, 
under  this  latter  proviso,  the  exemption  ceases 
to  apply.  I  see  nothing  to  prevent  the  husliand 
alone,  after  he  has  lost  his  wife,  from  alienating 
the  homestead  by  his  own  act. 

Mr.  DUNNE.  I  should  like  to  .see  some 
language  placed  there  for  the  protection  of 
minors. 

Mr.  NOURSE.  Does  the  gentleman  mean 
to  require  the  consent  of  minors? 

Mr.  DUNNE.  Y't  s,  sir  ;  or  the  consent  of 
such  persons  as  may  legally  represent  them  ; 
as.  for  instance,  by  order  of  the  Prol)ate  Court. 
That  seems  to  me  to  be  a  case  requiring,  per- 
haps, more  careful  safeguards,  even,  than  are 
necessary  to  be  required  for  the  protection  of 
the  wife.  There  might  be  an  elder  brother 
seeking  to  deprive  the  minor  children  of  their 
property.  It  may  be  snflficient  to  provide  that 
the  alienation  shall  take  place  only  by  order  of 
the  Prol)ate  Court. 

Mr.  NOURSE.  The  property  of  minors  can- 
not be  alienated  without  the  power  of  the 
fjuardian  to  sell ;  and  when,  therefore,  the 
homestead  becomes  tin-  property  of  minors,  the 
Probate  Court  at  once  guards  the  rights  of 
sneli  minors.  To  effect  the  sale  of  the  property 
of  minors,  there  must  be  a  guardian  lirst  ap- 
pointed, and  he  must  get  an  order  for  .sale  from 
the  Piobate  Court,  upon  showing  cause.  But 
if  the  father  still  lives,  the  mother  Ix'ing  dead, 
it  seems  to  me  proper  to  leave  in  the  father's 


9th  dav 


LEGISLATIVE  DEPARTMENT. 


311 


Wednesday,]    President— Noursk— Dunne— Tagltabue— Collins— Bbosnan— Earl.    [July  13. 


hands  a  certain  discretion  as  to  what  he  will 
do  with  the  property. 

The  PRESIDENT.  That  would  sujrgest  an- 
other inquiry.  If  the  mother  dies,  and  tlie  father 
survies,  how  will  tin's  section  affect  the  right 
of  the  survivor?  The  father  being  the  sur- 
vivor, is  the  head  of  the  family,  and  entitled 
to  the  homestead  ;  and  how  fir  does  this  pro- 
vision exempt  the  homestead  from  the  opera- 
tion of  a  lien  given  hy  him  alone? 

Mr.  NOURSE.  I  suppose  he  may  give  a 
lien,  and  I  think  the  Convention  would  not 
want  to  restrict  him.  So  long  as  the  mother 
lives,  it  requires  her  consent,  but  after  she  is 
gone,  we  do  not  wish  to  tie  his  hands? 

Mr.  DUNNE.  That  is  not  the  point  of  my 
inquiry,  exactly ;  but  it  is  whether,  after  he 
has  done  that — after  he  has  sold  the  homestead, 
and  received  the  money — he  could  then  fall 
back  on  the  homestead  right,  and  attempt  to  set 
up  a  claim  to  the  property,  under  this  proviso? 

Mr.  NOURSE.  I  do  not  suppose  the  home- 
stead right  could  apply  to  the  money,  after  the 
money  is  once  paid. 

Mr.  DUNNE.  That  is  not  what  I  mean. 
Having  given  a  lien — having  encumbered  the 
homestead  with  a  lien — then,  when  that  lien  is 
attempted  to  be  enforced,  can  the  head  of  the 
family  claim  the  benefit  of  this  provision  as 
against  the  lien  ? 

Mr.  NOURSE.  There  is  nothing  here  to  pre- 
vent it.  When  the  wife  dies,  he  may  make  the 
lien  alone.  When  but  one  fif  the  two  is  left, 
the  husband  alone,  for  example,  there  seems  to 
be  no  good  reason  for  any  restriction  in  that 
respect. 

Mr.  TAGLIABUE.  What  is  before  the  Con- 
vention? I  do  not  think  these  gentlemen  are 
talking  to  the  question  at  all. 

Mr.  COLLINS.  I  cannot  see  any  difficulty 
in  this  matter,  if  it  is  not  contemplated  to  re- 
strict the  action  of  the  husband  after  the  wife 
dies. 

Mr.  TAGLIABUE.  I  rise  to  a  point  of  or- 
der. What  is  before  the  Convention?  I  be- 
lieve there  is  no  motion  whatever  pending. 

The  PRESIDENT.  The  article  is  before  the 
Convention  on  its  third  reading,  and  discussion 
as  to  the  construction  of  the  various  sections 
I  think  is  in  order. 

Mr.  COLLINS.  The  object  of  this  languaee 
seems  to  be  very  clear.  It  is.  that  while  the 
husband  and  wife  are  both  living,  neither  .shall 
be  permitted  to  alienate  the  property  without 
the  consent  of  the  other.  That  seems  to  be 
the  sole  object  of  the  provision.     It  says  : — 

"  And  shall  not  be  alienated  witliout  the  joint  con- 
sent of  husband  and  wife,  when  that  relation  exists." 
After  that  relation  ceases,  as  a  matter  of 
course  the  restriction  ceases.  If  the  hu.sband 
dies,  the  wife  may,  by  her  own  act,  alienate  the 
property,  and  vice  I'crsa. 

The  PRESIDENT.  If  the  gentleman  will 
permit  me.  I  will  suggest  that  it  is  the  latter 
clause  to  which  the  gentleman  from  Humboldt 
calls  attention. 


Mr.  TAGLIABUE.  I  think  the  clause  he 
refers  to  is  not  printed  at  all. 

Mr.  COLLINS.    I  would  like  to  bear  it  read. 

The  PRESIDENT.  The  inquiry,  as  the  Chair 
understands,  of  the  gentleman  from  Humboldt 
(Mr.  Dunne)  is  in  reference  to  the  latter  clause, 
which  the  Secretary  will  read. 

The  SECRETARY  read  as  follows:— 

"  Provided,  the  provisions  of  this  section  shall  not 
apply  to  any  process  of  law  obtained  by  virtue  of  a  lien 
given  by  the  consent  of  both  husband  and  wife;  and 
laws  shall  be  enacted  providing  lor  the  recordinf;  of 
such  homestead  \rithin  the  county  in  which  the  same 
maj'  be  situated." 

Mr.  BROSNAN.  I  had  not  given  much  at- 
tention to  the  inquiry  of  the  gentleman  from 
Humljoldt,  but  I  understand  it  is  as  to  whetlier 
a  person  being  the  head  of  a  family — as  for 
instance,  a  brother  having  younger  brothers 
and  sisters  under  his  charge,  or  a  widower,  be- 
ing the  head  of  the  family — whether  in  such  a 
case  the  head  of  the  family  could  himself  alien- 
ate the  property  after  the  decease  of  the  wife 
or  mother.  From  the  reading  of  the  section.  I 
have  no  doubt  that  he  could,  because  I  see 
nothing  there  to  prohibit  it. 

The  PRESIDENT.  The  point  is  as  to  the  lien 
— as  to  whether  the  homestead  would  or  would 
not  be  suliject  to  a  lien  or  mortgage,  which 
might  be  executed  by  the  survivor  alone. 

Mr.  BROSNAN.  I  see  no  reason  why  it 
should  not  be  ;  and  I  will  state  that  in  Califor- 
nia it  is  provided  by  statute — although  there  is 
but  little  said  in  regard  to  the  subject  in  the 
Constitution  of  that  State— that  the  head  of 
the  family  cannot  alienate  the  homestead ; 
showing  that  in  that  State  they  have  the  same 
understanding  of  the  subject  as  I  have  .stated. 

Mr.  EARL.  Does  the  gentleman  und  rstand 
that  the  brother,  being  the  head  of  the  family, 
might  give  a  lien  on  the  homestead,  and  in 
that  manner  steal  the  property  ? 

Mr.  BROSNAN.  No.  sir.  There  are  fre- 
quently cases — I  suppose  the  gentleman  will 
recollect  many  such — where  brothers  inheriting 
a  portion  of  the  property  have  h  d  charge  of 
the  younger  children  :  but  in  such  cases,  as  a 
matter  of  course,  the  brother  could  not  alienate 
any  more  of  the  property  than  the  portion  he 
was  himself  entitled  to. 

Mr.  FITCH.  Why  not  insert  the  words  of 
the  proviso  in  the  "preceding  part,  after  the 
words  -when  that  relation  exists?'' 

Mr.  NOURSE.  The  joint  consent  could  not 
be  given,  unless  the  relation  did  exist. 

Mr.  FITCH.  But  that  would  make  it  agree 
with  the  first  part  of  the  section. 

The  PRESIDENT.  That  amendment  may 
be  mad'^  by  unanimous  consent. 

Mr.  FITCH.     I  make  the  motion. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  Fitch,  and  it  was  not  agreed 
to. 

SEPARATE  PROPERTY  01'  THE  WIPE. 

Section  31  was  read,  as  follows : — 

Sec.  31.    All  property,  both  real  and  personal,  of  the 


312 


LEGISLATIVE  DEPARTMENT. 


[9th  day. 


Wednosda}',] 


NoiKSE — President — Fitch — DrxxE— Proctor. 


[July  13. 


wife,  ow-ned  or  claimed  by  her  before  marriage,  and 
tiat  aciniired  afti-rward  by  gift,  devise  ordescent,  shall 
be  her  separate  inv>))erty:  and  laws  shall  be  i)assed 
u.o.e  elearlv  detiuinK  the  rights  of  the  Avife,  iu  relation 
as  well  til  her  separate  property  as  to  that  held  iu  com- 
mon with  her  husband.  Laws  shail  also  be  passed 
p-.'ividijif;  for  the  registratiou  of  the  wife's  separate 
liropertj-. 

Mr.  NOURSE.  I  suggest  the  striking  out  of 
tiie  word  "  more."  so  that  the  clause  shrtll  read  : 
••Laws  shall  be  passed  clearly  delining,''  in- 
stead of  "  more  clearly  dcliuiug  the  rights  of 
the  wife."  &C. 

The  PRKSIDEXT.  Is  it  not  proper,  in  that 
ciianeetion,  following  the  definition  of  her 
rights,  in  precediug  sections  of  the  Constitu- 
tion ? 

Mr.  NOURSE.  That  may  be  so,  and  I  will 
not  make  the  motion. 

LEGISLATIVE    COMPENSATION. 

Section  33  having  been  read,  as  amended,  as 
follows: — 

Sec.  33.  The  members  of  the  Legislature  shall  re- 
eeive  for  their  services  a  compensation  to  be  fixed  by 
law,  and  paid  out  of  the  public  treasury,  but  no  in- 
crease of  the  comijensation  shall  take  efl'ect  during  the 
term  for  which  the  members  of  either  House  shall 
Luve  been  elected  :  provided,  that  an  ajipropriation 
may  be  made  for  the  i)ayment  of  such  actual  expenses 
a«  members  of  the  Legislature  may  incTir  for  postage, 
express  charges,  uewspajiers,  and  stationery,  not  ex- 
!■•  cding  the  sum  of  sixty  dollars,  for  any  general  or 
.-p./eial  session,  to  each  memlier:  andfiirtlicrinnrc  pro- 
V  ■d-<l,  that  the  Speaker  of  the  Asseralily,  and  Lieutenant 
Governor,  as  President  of  the  Senate,  shall  each,  dur- 
ing the  time  of  their  actual  attendance  as  such  pre- 
si  ling  ofhcers,  receive  an  additional  allowance  of  two 
dollars  per  diem. 

Mr.  NOURSE.  In  regard  to  that  last  pro- 
viso, relating  to  the  compensation  of  the  Speak- 
er of  the  Assembly,  and  the  Lieutenant  Gov- 
ernor, as  President  of  the  Senate,  I  would  ask 
if  that  has  been  well  con.sidered  ;  because  it 
has  been  customary,  I  believe,  for  presiding  of- 
fieers  of  legislative  bodies  to  receive  double 
pay. 

Mr.  FITCH.  That  is  the  case  in  Minnesota, 
I  sujipose,  where  the  menil)ers  of  the  Legisla- 
ture get  only  two  dollars  a  day. 

Mr.  NOURSE.  It  is  the  custom,  too.  in  Con- 
gress, and  in  the  Legislature  of  every  New 
England  State. 

Mr.  IjUNNE.  I  call  attention  to  the  amend- 
ment which  has  b"en  already  made  in  this  sec- 
tion, in  th'!  lirst  proviso.  It  now  provides  that 
the  sura  of  si.xty  dollars  shall  be  allowed  each 
member  for  any  general  or  special  session,  for 
postage,  newspapers.  Arc.  Sixty  dollars  is  al- 
lowed even  for  a  special  se.ssion,  wliicli  I  be- 
lieve is  limited  to  twenty  days.  Now  if  sixty 
dollars  i.s  all  that  is  necessary  for  a  .session  of 
sixty  days,  why  should  the  same  amount  be  re- 
quired for  a  se.ssion  of  twenty  days? 

.Mr.  FITCH.  Would  not  the  gentleman  leave 
that  much,  at  least,  to  ihe  discretion  of  the 
L-L'islature  ?  Cannot  we  tru>t  as  much  as  thai 
to  the  .sense  of  justice  and  the  generosity  of 
our  future  Legitiaturcs? 


No  amendments  being  propo.sed  to  the  sec- 
tion, the  reading  of  the  article  was  continued. 

THE   VETO   POWER. 

Section  35  having  been  read,  as  engrossed, 
iis  follows : — 

Sei'.  35.  Every  bill  which  may  have  passed  the  Le- 
gislature, shall,  before  it  becomes  a  law,  be  presented 
to  the  Governor.  If  he  approve  it,  he  shall  sign  it; 
but  if  not,  he  shall  return  it,  with  his  objections,  to  the 
House  in  which  it  originated,  which  shall  enter  such 
objections  upon  the  journal,  and  proceed  to  reconsider 
it.  If,  after  such  reconsideration,  it  again  pass  lioth 
Houses  by  ayes  and  noes,  by  a  majority  of  two-thirds 
of  the  meraljers  elected  to  each  House,  it  shall  liecome 
a  law,  notwithstanding  the  Governor's  objections.  If 
any  bill  shall  not  be  returned  within  five  days  after  it 
.shall  have  been  presented  to  him,  (Sunday  excepted,) 
exclusive  of  the  day  on  which  he  received  it,  the  same 
shaU  be  a  law,  in  like  manner  as  if  he  had  signed  it, 
unless  the  Legislature,  by  its  final  adjournment,  pre- 
vent such  return,  in  which  case  it  shall  be  a  law,  unless 
the  Governor,  within  ten  days  next  after  the  adjourn- 
ment, (Sundays  excepted,)  shall  file  such  bill,  with  his 
objections  thereto,  in  the  office  o^'  the  Secretary  of 
State,  who  shall  lay  the  same  before  the  Legislature  at 
its  next  session,  in  like  manner  as  if  it  'had  been  re- 
turned by  the  Governor;  and  if  the  same  shall  receive 
the  vote  of  two-thirds  of  the  members  elected  to  each 
branch  of  the  Legislature,  upon  a  vote  taken  by  ayes 
and  noes,  to  be  entered  upon  the  journals  of  each 
House,  it  shall  become  a  law. 

Mr.  NOURSE.  In  the  first  part  of  this  sec- 
tion, it  seems  to  me  that  the  word  ■'  majority  '' 
is  not  correctly  u.sed.  It  says — "  by  a  majori- 
ty of  two  thirds  of  the  members  elected  to  each 
House."  I  think  it  should  be  "  by  a  vote  of 
two  thirds,"  instead  of  "  by  a  majority."  I 
see  the  word  "  vote  "  is  used  in  the  subsequent 
part  of  the  section,  and  I  move  to  strike  out 
the  word  "  majority,"'  and  insert  the  word 
"  vote." 

Mr.  PROCTOR.  I  see  the  same  objection 
here  that  I  did  in  another  section,  ouly  that 
here  it  is  more  forcibly  presented.  It  says  in 
this  section  that  a  majority  of  two  thirds  of  the 
members  elected  shall  be  necessary  to  pass  a 
bill  over  the  Governor's  veto.  Now  I  will  re- 
fer to  gentlemen  who  have  had  some  legisla- 
tive experience — which  I  have  not,  never  hav- 
ing been  inside  of  a  legislative  body — and  I 
would  ask  them  how  often,  iu  their  experience, 
they  would  find  two  thirds  of  the  members 
elected  on  the  floor  to  vote.  Now,  sir,  I  look 
upon  this  provision  as  being  as  al)solute  as  the 
veto  power  which  exists  in  this  Territory  at 
the  present  time.  I  think  it  would  be  utterly 
imp'issil)le,  under  such  a  provision,  to  pass  any 
bill  over  the  Governor's  veto,  and  for  that  rea- 
.son  I  move  to  amend  this  section  by  striking 
out  the  word  "  elected,"  and  inserting  the  wonl 
'•  present."  I  believe  that  amendmeut  will 
cover  it. 

The  PRESIDENT.  The  question  will  frst 
be  on  the  motion  to  strike  out  the  word  "ma- 
jority," and  insert  the  word  '•  vote,"  as  pro- 
posed by  the  gentleman  from  Wa.shoe  (Mr. 
Nourse.) 

The(|uestion  was  taken,  and  the  amendment 
otlered  by  Mr.  Nourse  was  unanimously  agreed 
to. 


9th  day.] 


LEGISLATIVE  DEPARTMENT. 


313 


Wednesday,]  Proctor— President— Hawi.ey— Banks— McClixton— Dunne.  [July  13. 


Mr.  PROCTOR.  Now  I  move  to  strike  out 
the  word  '•  elected,"  where  it  relates  to  the 
vote  of  two-thirds  of  the  members,  and  insert 
the  word  "  present.''  It  occurs  twice  I  believe 
in  the  section,  and  my  motion  is  to  make  the 
amendment  in  both  ca'^e?. 

The  PRESIDENT.  The  gentleman  from  Nye. 
in  making  his  motion,  will  understand  that  it 
requires  the  unanimous  consent  of  the  Conven- 
tion in  order  to  amend,  but  his  object  can  be 
reached  by  a  motion  to  recommit  to  a  special 
committee,  with  instructions  to  amend  in  this 
particular  respect. 

Mr.  PROCTOR.  I  will  make  that  motion,  if 
there  is  any  olijection. 

Mr.  HAWLEY.  I  would  like  to  inquire  if 
this  amendment  would  not  interfere  with  some 
of  the  provisions  which  we  have  already  agreed 
upon,  or  the  general  principles  which  govern 
them?  We  require  a  majority  of  all  the  mem- 
bers elected  to  pass  a  bill,  and  this  section  re- 
quires a  larger  vote,  to  wit,  two-thirds,  to  pass 
it  over  the  Governor's  veto. 

The  PRESIDENT.  It  does  not  necessarily 
involve  the  preceding  sections.  This  section 
refers  only  to  bills  which  may  be  vetoed  by  the 
Governor,  although  possibly,  by  analogy,  we 
should  provide  that  they  should  be  passed  only 
by  a  majority  of  two  thirds,  since  we  require  a 
clear  majority  to  pass  bills  in  the  first  instance. 

Mr.  HAWLEY.  But  vsill  it  not  involve  here- 
after some  question  as  to  the  legality  of  legis- 
lative action,  under  the  provision  as  it  stands? 
Will  it  not  be  a  question,  if  we  merely  strike 
out  the  word  "  elected,"  whether  we  thereby 
definitely  determine  that  a  vote  of  two  thirds 
of  those  present  shall  be  sufficient?  That  two 
thirds  might  be  less  than  an  absolute  majority. 
I  think  it  is  a  matter  which  demands  serious 
consideration,  and  I  address  my  inquiry  to  the 
Chair  bf-cause  I  presume  the  President  under- 
stands the  matter  fully. 

The  PRESIDENT.  There  can  be  no  doubt 
that  if  it  be  the  sense  of  the  Convention,  we 
may  make  this  difference,  in  one  case  requiring 
a  vote  of  two-thirds  of  the  mcmVjers  present. 
and  in  the  other,  a  majority  of  all  the  members 
elected.  There  would  be  quite  an  obvious  dif- 
ference ;  and  it  is  so  apparent  that  I  do  not 
think  any  question  whatever  could  arise. 

Mr.  HAWLEY.  My  remarks  were  based 
upon  the  supposition  that  we  were  going  to 
require  a  two-thirds  vote  of  all  the  members 
elected,  to  override  the  Governor's  veto.  I  am 
quite  unwell  to-night,  being  hardly  able  to  at- 
tend, and  it  is  quite  likely  that  I  do  not  fully  un- 
derstand the  question  before  the  Convention. 

The  PRESIDENT.  I  would  .suggest  that  if 
this  language  is  to  be  amended  at  all,  it  .should 
be  made  to  read  "two-thirds  of  the  members 
present  and  voting  in  each  house." 

Mr.  PROCTOR.  Very  well ;  I  will  make 
the  motion  in  that  way. 

Mr.  BANKS.  I  am  opposed  to  the  proposed 
amendment,  and  for  this  reason  :  that  if  we 
adopt  this  provision  of  the  Constitution — 


The  PRESIDENT  [interrupting.]  Does  the 
Chair  understand  the  gentleman  from  Hum- 
boldt to  object  ? 

Mr.  BA^KS.     Yes,  sir. 

Mr.  PROCTOR.  I  move  to  recommit  the  ar- 
ticle to  a  spt'cial  committee,  with  instructions 
to  make  the  amendment.  [Cries  of  •'  question, 
question ! "] 

Mr.  BANKS.  Now,  Mr.  President,  I  will 
state  briefly,  if  I  may  be  allowed,  the  reasons 
why  I  oppose  this  cliange.  It  is  the  presump- 
tion of  the  people  of  the  State,  when  thiy  elect 
a  legislative  body,  consisting  say  of  thirty, 
sixty,  or  any  nther  number  of  men,  that  tin  ir 
laws  are  to  be  made  through  the  exercise  of  the 
united  wisdom  of  that  body  of  men  ;  but  by 
the  change  now  proposed,  a  very  small  propor- 
tion of  that  body — two-thirds  of  a  majority, 
for  instance — can  pa.ss  a  law  over  the  veto  of 
the  Governor.  That  is  not  in  accordance  with 
the  spirit  in  which  the  people  act  in  electing 
their  legislative  body.  It  would  operate  badly 
in  practice,  too,  because  members  would  feel  no 
such  responsibility  as  would  compel  their  at- 
tendance upon  the  duties  which  they  are  elected 
to  perform.  I  have  seen  enough  of  that  loose 
sort  of  legislation,  where  each  man  conceives 
that  he  has  the  right  to  go  away  when  be 
pleases  and  neglect  his  duties,  to  lead  me  to 
the  conclusion  that  we  ought  to  incorporate 
into  our  Constitution  everything  we  can.  which 
is  calculated  to  make  members  of  the  Legisla- 
ture feel  that  they  have  responsiljilities  resting 
upon  them — that  they  are  responsible  for  their 
absence  from  legislative  duties,  as  much  as  they 
are  for  an  indifferent  or  wrong  performance  of 
those  duties.  If  we  can  do  that,  it  will  certainly 
have  a  beneficial  efiifct.  If  we  adopt  this  amend- 
ment proposed  by  the  gentleman  from  Nye,  we 
thereby  discrin  inate  in  favor  of  legislating  by 
a  comparatively  small  number  of  those  who  are 
sent  to  the  Legislature  by  the  people  ;  while  if 
we  refuse  to  adopt  the  amendment  proposed, 
we,  on  the  other  hand,  discriminate  very 
strongly  in  favor  of  compelling  every  man 
who  is  elected  to  a  legislative  body  to  spend 
his  whole  time  in  that  body,  in  the  performance 
of  his  duties. 

Mr.  McCLINTON.  I  hope  the  gentleman 
from  Humboldt,  who  has  just  spoken,  will  par- 
don me  for  so  persistently  calling  the  question. 
I  did  not  mean  to  deprive  him  of  the  privilege 
of  making  a  lengthy  speech,  to  prove  what  I 
presume  four-fifths  of  the  members  here  already 
see  clearly  in  this  respect.  I  agree  with  him 
upon  this  question  in  every  particular,  and 
I  believe  the  Convention  generally  concurs, 
that  the  vote  of  two-thirds  of  all  the  members 
elected,  shall  be  required  to  pass  a  law  over 
the  Governor's  veto.    That  is  all  I  have  to  say. 

Mr.  DUNNE.  One  point  to  be  considered 
in  connection  with  this  amendment  is  this: 
that  it  would  require  a  less  number  of  votes  to 
pass  a  bill  over  the  Governor's  veto,  than 
would  be  required  to  pass  it  originally.  I  will 
here  suggest,  also,  although  it  is  not  material 


314 


LEGISLATIVE  DEPARTMENT. 


[Oth  day. 


Wednesday,]   Uovey— Dinne— Hawley— St'vaxt — Pkoctor — Brosxan — McClixtox.   [July  13. 


to  the  question  immediately  before  theConren- 
tion,  tiiat  this  same  amoiulmciit  would  have  to 
be  made  in  Section  o  of  Article  I — tlie  Dccla- 
ratiiiu  of  Rijrhts — where  it  is  provided  that  the 
Leirislature  by  a  law  passed  by  a  two-thirds 
vote  of  all  tiie  members  elected  to  each  branch 
thereof,  may  change  the  constitutional  provis- 
ion in  regard  to  findings  a  verdict.  I  believe 
that  is  the  lanfruage  which  was  adopted  in  that 
section  upon  my  own  motion. 

Mr.  HOVKY."  I  would  like  to  ask  one  ques- 
tion. By  a  preceding  section,  it  is  provided 
that  no  law  shall  pass  except  by  tlie  vote  of 
a  majority  of  ail  the  members  elected.  Now, 
under  this  section  as  proposed  to  be  amended 
by  the  gentleman  from  Nye,  could  they  not 
pass  a  bill  liy  a  two-thirds  vote  of  those  pres- 
ent, and  Viy  a  less  vote  than  a  majority  of  all 
the  memViers  eitcted? 

Mr.  DUNNE.  I  will  answer  the  gentleman's 
question.  If  that  amendment  were  adopted, 
the  Constitution  would  read  exactly  in  this 
way  :— 

"  If  after  such  reconsideration  it  again  pass  both 
Houses  by  ayes  aud  noes,  by  a  majority  of  two-thirds 
of  thf  members  present  and  voting  in  eaeh  House,  it 
shall  become  a  law,  notwithstanding  the  Governor's 
objections." 

Mr.  HOVEY.  Would  not  that  two-thirds 
require  to  be  more  than  one-half  of  all  the 
memliers  elected  ? 

Mr.  DUNVE.     No,  sir. 

Mr.  HAWLEY.  Suppose  a  House  were  com- 
posed of  sixty  members  ;  then  thirty-one  mem- 
bers would  constitute  a  quorum,  and  it  would 
require  thirty-one  votes  to  pass  a  bill  in  tlie 
first  place.  Then,  if  tl)at  bill  should  be  vetoed, 
it  would  return  to  the  House,  and  under  this 
provision,  it  might  pass  over  the  Governor's 
veto,  by  receiving  only  twenty-two  votes,  in 
ca.se  there  were  only  a  quorum  present.  I  do 
not  think  it  is  necessary  to  say  anytliing  more 
than  that,  to  defeat  the  proposition.  It  is  in 
itself.  I  must  say,  so  monstrous  an  absurdity. 
that  it  is  only  necessary  to  look  at  the  matter 
in  the  light  of  a  few  figures,  to  secure  its 
condemnation  by  the  Convention. 

Mr.  STUUTEVANT.  I  rise  to  a  point  of 
order.  I  am  not  very  familiar  with  .Jefferson's 
Manual,  but  there  is  one  thing  which  I  think  I 
recollect  clearly,  and  that  is.  that  when  a  prop- 
position  is  once  made  and  lost,  that  is  supposed 
to  be  the  judgment  of  the  House,  and  it  is  final. 
Now,  my  recollection  is  perfectly  clear  that 
this  same  motion  was  made.  I  think  l)y  myself, 
eome  time  ago.  and  in  exactly  the  same  lan- 
guage, atid  it  was  then  voted  down. 

Tlie  I'RE.SIDENT.  The  Ciiair  has  no  recol- 
lection of  such  a  motion  in  reference  to  this 
particular  section  ;  but  if  the  same  motion  had 
been  made  and  voted  down  at  a  former  stage, 
cither  in  Committee  of  the  Whole  or  on  the 
second  reading,  it  would,  ni-vertheless,  be  per- 
fectly competent  to  projiose  it  again  at  this 
stage.  The  point  of  order,  therefore,  is  not 
well  taken. 


Mr.  PROCTOR.  In  regard  to  this  proposi- 
tion being  so  monstrous,  as  the  gentleman  from 
Douglas  (Mr.  Hawley)  supposes  it  to  be.  I  will 
say  that  I  regard  the  proposition  made  in  the 
first  place,  requiring  a  two-thirds  vote  of  all 
the  members  elected,  as  a  greater  monstrosity. 
The  section  as  it  originally  stood,  was  emphat- 
ically monstrous  ;  and  I  would  be  in  favor, 
rather  than  adopt  it,  of  striking  out  all  power 
wliatever  to  pass  a  law  over  the  veto  of  the 
Governor,  because  this  section,  as  it  now  stands, 
virtually  deprives  the  Legislature  of  any  such 
power.  If  we  allow  it  to  remain,  the  Govern- 
or and  a  few  ab.sent  or  captious  members  can 
together  keep  the  Legislature  in  ses.sion  a 
whole  year  without  enacting  any  laws  what- 
ever. I  think  we  might  as  well  make  a  provis- 
ion that  the  Legislature  shall  pass  no  law  at 
all.  without  the  consent  of  the  Governor. 

The  question  was  taken  on  Mr.  Proctor's 
amendment,  and  it  was  not  agreed  to. 

COMPEXSATIOX   OF   MEMBERS. 

Mr.  BROSNAN  called  for  the  reading  of 
Section  33.  as  enarossed. 

The  SECRETARY  again  read  the  section. 

Mr.  BROSNAN  moved  to  amend  Section  33 
liy  striking  out  the  word  "  the  "  before  the 
word  "  compensation,"  where  the  latter  word 
occurs  the  second  tim-',  and  inserting  instead 
the  word  "'such."  so  as  to  read,  "  but  no  in- 
crease of  such  compensation  shall  take  effect," 
etc. 

By  unanimous  consent  the  Secretary  was 
instructed  to  make  the  amendment. 

Mr.  McCLINTON.  I  will  ask  if  there  is 
any  provision  made  here  by  which  the  mem- 
bers will  receive  mileage? 

The  PRESIDENT.  That  is  left  to  the  Leg- 
islature to  fix.  It  is  contemplated,  as  I  under- 
stand, that  at  the  first  session  a  law  will  be 
passed  fixing  the  mileage  for  members  of  future 
Legislatures,  and  in  the  Mi.'^cellaneous  Provis- 
ions, or  Schedule,  it  is  proposed  to  provide  for 
the  first  Legisltiture. 

Mr.  McCLINTON.  Their  incidental  expenses 
are  provided  for  in  this  section,  but  there  is  no 
provision  for  mileage. 

The  PRESIDENT.  Their  compensation  for 
services  will  incUnb?  mileage,  and  that,  as  a 
matter  of  course,  will  be  provided  l)y  law. 

THE    HOMESTEAO. 

Mr.  McCLINTON.  Would  it  be  in  order,  be- 
fore taking  the  vote  on  the  final  pas.sage  of 
this  article,  to  move  to  strike  out  Section  30? 
I  am  one  of  those  who  believe  that  tin;  aggre- 
gate wisdom  of  this  Territory  is  not  bound  up 
in  this  body.  I  know  ther(!  was  a  little  wisdom 
remaining  in  Esmeralda  when  I  left,  and  pos- 
sibly that  may  happen  to  lie  sent  to  the  first 
Legislature.  I  am  opposed  most  emphatically 
to  encumbering  this  instrument  with  special 
legislation. 

The  PRESIDENT.  The  Chair  is  under  the 
impression  that  at  a  former  stage  of  our  pro- 


9tli  day.] 


LEGISLATIVE  DEPARTMENT. 


315 


Weduesdaj'.] 


NouiisE — President — McClixtox. 


[July  13. 


ceedings,  since  this  article  has  been  on  its  third 
reading,  a  motion  was  made  and  lost  to  strilvo 
ont  thai  section.  If  the  Cliair  is  correct  in 
that  impression,  the  motion  will  not  be  in 
order. 

Mr.  NOURSE.  I  think  the  Chair  is  not  cor- 
rect. I  made  snch  a  suggestion,  I  l^now,  and 
stated  that  I  would  he  glad  to  see  it  stricken 
ont.  but  I  do  not  think  there  was  any  formal 
motion  made  or  acted  upon. 

The  PRESIDENT.  The  Secretary  informs 
me  that  he  tliiuks  such  a  motion  was  made. 

Mr.  McCLINTON.  If  the  motion  has  not 
been  made,  I  now  make  the  motion. 

The  PRE.SIDENT.  The  Secretary  now  in- 
forms me  that  upon  examination  he  finds  that 
he  was  mistaken,  and  that  there  has  not  been 
such  a  motion. 

Several  gentleman  objected  to  the  proposed 
amendment. 

The  PRESIDENT.  The  amendment  being 
olijected  to,  can  only  be  made  by  referring  the 
article  to  a  special  committee,  or  to  the  Com- 
mittee of  the  Whole  with  instructions  to  strike 
out  the  section. 

Mr.  McCLINTON.  I  move  that  the  whole 
article  be  referred  to  a  special  committee  of 
three,  with  instructions  to  strike  out  Section 
30,  and  report  immediately. 

The  question  was  taken,  and  the  motion  was 
not  agreed  to. 

Article  IV  having  been  read  a  third  time,  as 
follows  : — • 

ARTICLE  rv. 

LEGI.SLATIVE   DEPARTMENT. 

Section  1.  Tlie  Legislative  aiithority  of  this  State 
shall  be  vested  in  a  Senate  and  Assembly,  which  shall 
be  designated,  "  The  Legislature  of  the  State  of  Ne- 
vada," and  the  sessions  of  snch  Legislatiare  shall  be 
held  at  the  seat  of  Government  of  the  State. 

Sec.  2.  The  sessions  of  the  Legislature  shall  be 
biennial,  and  shall  commence  on  the  first  Monday  of 
January  next  ensuing  the  election  of  its  members,  "un- 
less the  Governor  of  the  State  shall,  in  the  interim, 
convene  the  Legislature  by  proclamatiou,  except  as 
hereinafter  provided  in  this  Constitution. 

Sec.  3.  The  members  of  the  Assembly  shall  be  cho- 
sen biennially,  by  the  qualified  electors  of  their  re- 
spective districts,  on  the  Tuesday  next  after  the  first 
Monday  in  November,  and  their  term  of  otfice  shall  be 
two  years  from  the  day  next  after  their  election. 

Sec.  i.  Senators  shall  be  chosen  at  the  same  time 
and  places  as  members  of  the  Assembly,  by  the  quaU- 
fled  electors  of  their  respective  districts,  and  their  term 
of  office  shall  be  four  years  from  the  day  next  after 
their  election. 

Sec.  5.  Senators  and  members  of  the  Assembly  shall 
be  duly  qualified  electors  in  the  resiiective  counties 
and  districts  which  they  represent,  and  the  number  of 
Senators  shall  not  be  less  than  one-thii'd,  nor  more 
than  one-half  of  that  of  the  members  of  the  Assembly. 

Sec.  6.  Each  House  shall  judge  of  the  qtialiflca- 
tions,  elections  and  returns  of  its  own  members, 
choose  its  o\vn  officers,  (except  the  President  of  the 
Senate),  determine  the  rules  of  the  i^roceedings,  and 
maj-  punish  its  members  for  disorderly  conduct,  and, 
with  the  concurrence  of  two-thirds  of  all  the  members 
elected,  expel  a  member. 

Sec.  7.  Either  House,  during  the  session,  may  pun- 
ish, by  imjirisonment,  any  person  not  a  member,  who 
shall  have  been  guilty  of  disrespect  to  the  House  by 
disorderly  or  contemptuous  behavior  in  its  iiresence  ; 
but  such  imprisonment  shall  not  extend  beyond  the 
final  adjournment  of  the  session. 


Sec.  8,  No  Senator  or  member  of  Assembly  shall, 
during  the  term  for  which  he  shall  have  been  cle<.'ted, 
nor  f(u-  one  year  tliereaflrr,  be  appointed  to  any  civil 
office  of  iir.iiit  niulfr  this  State  which  shall  have  been 
rrcaticl,  or  the  <  inolnments  of  which  shall  have  been 
iucnascd  dining  such  term,  except  such  office  as  may 
be  tilled  by  election  by  the  people. 

Sec.  y.  No  i)erson  holding  any  lucrative  office  under 
the  Government  of  the  United  States,  or  any  other 
power,  shall  be  eligible  to  any  civil  office  of  profit 
under  the  State  ;  provided,  that  Postmasters  whose 
compensation  does  not  exceed  five  hundred  dollars  per 
annum,  or  commissioners  of  deeds,  shall  not  be 
deemed  as  holding  a  lucrative  office. 

Sec.  10.  Any  person  who  shall  be  convicted  of  the 
embezzlement  or  defalcation  of  the  pubUc  funds  of 
this  State,  or  who  may  be  convicted  of  having  given 
or  ottered  a  bribe  to  procure  his  election  or  apijoiut- 
ment  to  office,  or  received  a  bribe  to  aid  in  the  pro- 
curement of  office  for  any  other  person,  shall  be  dis- 
quahfled  from  holding  any  office  of  ijrotit  or  trnst  in  this 
State  ;  and  the  Legislature  shall,  as  soon  as  practica- 
ble, provide  by  law  for  the  punishment  of  such  defal- 
cation, bribery  or  embezzlement,  as  a  felony. 

Sec.  11.  Members  of  the  Legislature  shall  be  priv- 
ileged from  arrest  on  civil  process  dtiring  the  session 
of  the  Legislature,  and  for  fifteen  days  next  before  the 
commencement  of  each  session. 

Sec.  12.  ^\^len  vacancies  occur  in  either  House,  the 
Governor  shall  issue  writs  of  election  to  fill  such  va- 
cancy. 

Sec.  13.  A  majority  of  all  the  members  elected  to 
each  House  shall  constitute  a  quorum  to  transact  busi- 
ness, but  a  smaller  number  may  adjoiu-n  from  day  to 
day,  and  may  comxsel  the  attendance  of  absent  mem- 
bers, in  such  manner  and  under  such  penalties  as  each 
House  may  prescribe. 

Sec.  11.  Each  House  shall  keep  a  journal  of  its  own 
proceedings,  which  shall  be  published,  and  the  ayes 
and  noes  of  the  members  of  either  House  on  any 
question  shall,  at  the  desire  of  any  three  members 
present,  be  entered  on  the  journal. 

Sec.  15.  The  doors  of  each  House  shall  be  kept 
open  during  its  session,  except  the  Senate  while  sitting 
in  executive  session,  and  neither  shall,  without  the 
consent  of  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  place  than  that  in  which  they  may  be 
holding  their  sessions. 

Sec.  16.  Any  bill  may  originate  in  either  House  of 
the  Legislature,  and  ail  bills  passed  by  one  may  be 
amended  in  the  other. 

Sec.  17.  Each  law  enacted  by  the  Legislature  shall 
embrace  but  one  subject  and  matter,  in-operly  con- 
nected therewith,  which  subject  shall  be  briefly  ex- 
pressed in  the  title  ;  and  no  law  shall  be  revised  or 
amended  by  reference  to  its  title  ;  but.  in  such  case, 
the  act,  as  revised,  or  section,  as  amended,  shall  be  re- 
enacted  and  pubhshed  at  length. 

Sec.  18.  Every  biU  shall  be  read  by  sections  on 
three  several  davs,  in  each  House,  unless,  in  case  of 
emergency,  two-thirds  of  the  House  where  such  bill 
mav  be  pending,  shall  deem  it  expedient  to  dispense 
\rit'h  this  rule  :  but  the  reading  of  a  biU  by  sections, 
on  its  final  passage,  shall  in  no  case  be  dispensed  with, 
and  the  vote  on  the  final  passage  of  every  bill,  or  joint 
resolution,  shall  be  taken  by  ayes  and  noes,  to  bo  en- 
tered on  the  journals  of  each  House  ;  and  a  majority 
of  all  the  members  elected  to  each  House,  shall  be 
necessary  to  pass  every  bOl,  or  joint  resolution  ;  and 
allbillsor  joint  resolutions  so  passed,  shall  be  signed 
by  the  presiding  officers  of  the  respective  Houses. 

Sec.  19.  No  money  shall  be  drawn  from  the  treas- 
ury but  in  consequence  of  appropriations  made  by  la\v. 
.AlU  acciu-ate  statement  of  the  receipts  and  expendi- 
tiu-es  of  the  pubhc  money  shall  be  attached  to  and 
published  with  the  laws  at  every  regular  session  of  the 
Legislature. 

Sec.  20.  The  Legislature  shall  not  pass  local  or  spe- 
cial laws  in  any  of  the  foUowing  enumerated  cases, 
that  is  to  .say :  Regulating  the  jurisdiction  and  duties 
of  .Justices  of  the  Peace  and  of  Constables:  for  the 
punishment  of  crimes  and  misdemeanors;  regulating 
the  practice  of  courts  of  justice:  providing  for  chang- 
ing the  venue  in  civil  and  criminal  cases;  granting  di- 


316 


LEGISLATIVE  DEPARTMENT. 


[9th  cIpj. 


AVednesday,] 


NOURSE. 


[July  13. 


vorces;  changing  the  names  of  persons;  vacating 
roads,  towii  plots,  streets,  alleys,  and  public  squares; 
sumiuouiut;  uud  enipauueling  grand  and  petit  juries, 
and  i)rt)viding  for  their  compensation;  regulating 
county  imd  township  business;  regulating  the  election 
of  county  and  towiiship  otlicers;  for  the  assessment 
and  coUivtiou  of  taxes  for  State,  county  and  township 
purposes:  providing  for  ojjening  and  conducting  elec- 
tions of  State,  county,  or  townshii>  officers,  and  dcsig- 
natiuf,'  tlic  places  of  voting;  nor  ijrovidiug  for  the  sale 
of  real  estate,  belonging  to  minors  or  other  persons 
laboring  imder  legal  disabihties. 

Sec.  'Jl.  In  all  cases  enumerated  in  the  preceding 
sections,  and  in  all  other  cases  where  a  general  law  can 
be  made  applicable,  all  laws  shall  be  general,  and  of 
uniform  operatiiui  throughout  the  State. 

Sec.  2'J.  Provision  may  be  made  by  general  law  for 
bringing  suit  against  the  State  as  to  all  habilities  orig- 
inating after  the  adoptiim  of  this  Constitution. 

Sec.  i-i.  The  enacting  clause  of  every  law  shall  be 
as  follows:  ••  The  people  of  the  State  of  Nevada,  repre- 
sented in  Senate  and  Assembly,  do  enact  as  follows: — " 
and  uo  law  shall  be  enacted  except  by  bUl. 

Sec.  24.  No  lottery  shall  be  authorized  by  this 
Stat+>,  nor  shall  the  sale  of  lottery  tickets  be  allowed. 

Sec.  25.  The  Legislature  shall  establish  a  system  of 
county  and  township  government,  which  shall  be  uni- 
form throughovit  the  State. 

Sec.  20.  The  Legislature  shall  provide  for  the  elec- 
tion of  a  Board  of  County  Commissioners,  in  each 
County,  and  the  County  Commissioners  shall  jointly 
and  individually  perform  such  duties  as  may  be  pre- 
scribed by  law. 

Sec.  27.  Laws  shall  be  made  to  exclude  from  serv- 
ing on  juries  all  persons  not  qualified  electors  of  this 
State,  and  all  persons  who  shall  have  been  convicted 
of  bribery,  perjury,  forgery,  larceny  or  other  high 
crimes,  unless  restored  to  civil  rights :  and  laws  shall 
be  passed  regulating  elections,  and  prohibiting,  under 
adequate  i^enalties,  all  undue  influence  thereon,  from 
power,  bribery,  tumult  or  other  improper  practice. 

Sec.  28.  No  money  shall  be  drawn  from  the  State 
treasury  as  salary  or  compensation  to  any  officer  or  em- 
ployee of  the  Legislature,  or  either  branch  thereof, 
except  in  cases  where  such  salary  or  compensation  has 
been  fixed  by  a  law  in  force  prior  to  the  election  or 
appointment  of  such  officer  or  employee  ;  and  the 
salary  or  compensation  so  fixed  shaU  neither  be  in- 
creased nor  diminished  so  as  to  apply  to  any  officer  or 
employee  of  the  Legislature,  or  either  branch  thereof, 
at  such  session;  provkO-d,  that  this  restriction  shall 
not  apply  to  the  first  session  of  the  Legislature. 

Sec.  29.  The  first  regular  session  of  the  Legislature 
under  this  Constitution  may  extend  to  ninety  davs, 
but  no  subsequent  regular  session  sliaU  exceed  sixty 
days,  nor  any  special  session  convened  by  the  Gover- 
nor exceed  twenty  days. 

Sec.  30.  A  homestead  as  pro\'ided  bv  law,  shall  be 
exempt  Irom  forced  sale  under  anv  process  of  law,  and 
shall  not  be  aUenated  without  the  joint  consent  of  hus- 
band and  wife,  when  that  relation  exists;  but  no  prop- 
erty shall  be  exemi)t  from  sales  or  taxes,  or  for  the 
payment  of  obligations  contracted  for  the  purchase  of 
said  preiuLses,  or  for  the  erection  of  improvements 
thereon;  proruUil,  tli<>  provisi<^ns  of  this  section  shall 
not  apply  to  any  process  of  law  olitained  by  virtue  of 
a  lieu  given  by  the  consent  of  both  husband  and  wife, 
and  laws  shall  be  enactt^d  providing  for  the  recording 
of  such  homestea<l  within  the  county  in  which  the 
same  may  be  situated. 

Sec.  :j1.  All  property,  both  real  and  personal,  of 
the  wife,  owned  or  claimed  by  her  before  marriage 
and  that  acquired  afterward  by  gift,  devise  or  descent,' 
shall  lie  separate  property;  and  laws  shall  be  passed 
more  clearly  defining  the  rights  of  the  wfe,  in  rela- 
tion as  well  to  her  si^parate  propertv  as  to  that  held 
in  cominim  with  her  husband.  La'ws  shall  also  be 
passed  providing  for  the  registration  of  the  wife's  sepa- 
rate jiroperty. 

Sec.  Ai.  The  Legislaturo  shall  provide  for  the  elec- 
tion by  the  people  of  a  Clerk  of  the  Supreme  Court, 
County  Clerks,  County  Kecorders,  wlio  shall  Ije  <'.r- 
offi'io  County  Auditors.  iJistriit  Attorneys,  Slicriffs, 
County  Surveyors,  Tubhc  Administrators,  and  other 


necessary  officers,  and  fix  by  law  their  duties  and  com- 
pensation. County  Clerks  shall  be  ex-officio  Clerks  of 
the  Courts  of  Record  in  and  for  their  resjiective  coun- 
ties. 

Sec.  33.  The  members  of  the  Legislature  shall  re- 
ceive for  their  services  a  compensation  to  be  fixed  by 
law,  and  x^aid  out  of  the  jjublic  treasury;  but  uo  in- 
crease of  such  connK-nsaticiu  shall  take  effect  during  the 
term  for  whicli  t)ii'  numbers  of  either  Hoiise  shall 
have  been  electtil  ;  innriiled,  that  an  appropriation 
may  be  made  for  the  payment  of  such  actual  expenses 
as  members  of  the  Legislature  may  incur  for  postage, 
express  charges,  newspapers  and  stationery,  not  ex- 
ccciliiig  tlie  sum  of  sixty  dollars  for  any  special  ses- 
sion, to  raili  member;  and  furthermore  ^''''ovided,  that 
the  spi-akri-  iif  the  Assemby,  and  Lieutenant-Governor, 
as  President  of  the  Senate,  shall  each,  during  the  time 
of  their  actual  attendance  as  such  presiding  officers, 
receive  an  additional  allowance  of  two  dollars  per  diem. 

Sec.  34.  In  all  elections  for  United  States  Senators, 
such  elections  shall  be  held  in  joint  convention  of  both 
Houses  of  the  Legislature.  It  shall  be  the  duty  of  the 
Legislature  which  convenes  next  iireceding  the  expira- 
tion of  the  term  of  such  Senator,  to  elect  his  successor. 
If  a  vacancy  in  such  Senatorial  representation  from 
any  cause  occurs,  it  shall  be  the  duty  of  the  Legisla- 
ture then  in  session,  or  at  the  succeeding  session 
thereof,  to  supply  such  vacancy.  If  the  Legislature 
shall  at  any  time  as  heroin  provided,  fail  to  unite  in  a 
joint  convention  within  twenty  days  after  the  com- 
mencement of  the  session  of  the  Legislature  for  the 
election  of  such  Senator,  it  shall  be  the  duty  of  the 
Governor,  by  proclamation,  to  convene  the  two  Houses 
of  the  Legislature  in  joint  convention,  within  not  less 
than  five  days  not  exceeding  ten  days  from  the  i)ubli- 
cation  of  his  proclaniatiiui,  and  the  joint  convention, 
when  so  assembled,  shall  proceed  to  elect  the  Senator 
as  herein  provided. 

Sec.  35.  Every  bill  which  may  have  passed  the 
Legislature,  shall,  before  it  becomes  a  law,  be  presented 
to  the  Governor.  If  he  apiirove  it,  he  shall  sign  it; 
but  if  not  he  sliall  return  it,  with  his  objections,  to  the 
House  in  which  it  originated,  which  shall  enter  such 
objections  upon  the  journal,  and  proceed  to  reconsider 
it.  If,  after  such  reconsideration,  it  again  isass  both 
Houses  by  ayes  and  noes,  by  a  vote  of  two-thirds 
of  the  members  elected  to  each  House,  it  shall 
become  a  law  notwithstanding  the  Governor's  ob- 
jections. If  any  bill  shall  not  be  returned  within 
five  days  after  it  shall  have  been  presented  to 
him,  (Sunday  excepted,)  exclusive  of  the  day  on 
which  he  received  it,  the  same  shall  be  a  law,  in 
like  manner  as  if  he  had  signed  it,  unless  the  Legislar 
ture,  by  its  final  adjournment,  prevent  such  return,  in 
which  case  it  shall  be  a  law,  unless  the  Governor, 
within  ten  days  next  after  the  adjournment,  (Sundays 
excepted,)  shall  file  such  bill,  with  his  objections 
thereto,  in  the  office  of  the  Secretary  of  State,  who 
shall  lay  the  same  before  the  Legislature  at  its  next 
session  in  like  manner  as  if  it  had  been  returned  by 
the  Governor  ;  and  if  the  same  shall  receive  the 
vote  of  two-thirds  of  the  members  elected  to  each 
branch  of  the  Legislature,  upon  a  vote  taken  by  ayes 
and  noes,  to  be  entered  uijon  the  journals  of  each 
House,  it  shall  become  a  law. 

No  further  amendment  being  offered,  the 
question  was  talvcn  by  yeas  and  nays  on  the 
liiial  passage  of  the  article,  and  the  vote  re- 
sulted :  yeas — 24  ;  nays,  none — as  follows  : — 

Yeas — Messrs.  Banks,  Belden,  Brady,  Brosnan,  Cha- 
pin,  Collins,  Crawford,  Crosman,  DeLong,  Dunne, 
Fitch,  Frizell,  Gibson,  Hawley,  Hovey,  Hudson,  Ken- 
nedy, Mason,  McClinton,  Nourse,  Stm'tevant,  'Tozer, 
Wetherill,  and  Mr.  President— 24. 

Natjs — none. 

So  the  Article  was  passed. 

On  motion  of  Mr.  NOURSE,  at  twenty  min- 
utes after  ten  o'cloclc,  T.  M.,  the  Convention 
adjourned. 


10th  day.] 


RIGHT  OF  SUFFRAGE. 


31Y 


Thursday.] 


FiTcii — Dunne. 


[July  14. 


TENTH  DAY. 


Carson,  July  14,  1S64. 


xM. 


The  Convention  met  at  nine  o'clock,  A 
and  was  called  to  order  by  the  President. 

The  roll  %vas  called,  and  all  the  members  re- 
sponded except  the  following:  Messrs.  Ball, 
Frizcll,  Haines,  Jones,  Nourse,  Parker,  Taglia- 
bue,  Warwick,  Wellington,  and  Williams.  Pres- 
ent, 29  ;  absent,  10. 

Prayer  was  ottered  by  Rev.  Mr.  NIMS. 

The  journal  of  yesttrday  was  read,  correct- 
ed, and  approved. 

Mr.  FITCH  moved  that  the  official  Reporter 
be  authorized  to  omit  from  his  report  the  pro- 
ceedings under  the  call  of  the  House,  last  even- 
ing. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

QUESTION   OP   PKIVILEGE. 

Mr.  DUNNE.  I  rise  to  a  question  of  privi- 
lege, for  the  purpose  of  inviting  attention  to 
the  reports  of  our  proceedings  here,  as  pub- 
lished in  the  Union  and  Enterprise.  I  discover 
some  inaccuracies,  in  these  reports,  which  I 
think  it  will  be  well  to  correct,  fur  the 
reason  that  advantage  will  be  taken,  and 
capital  made  out  of  them,  against  the  Con- 
vention and  against  the  Constitution,  if  it  is 
not  done.  [Merriment.]  It  is  well  known 
to  all  that  I  am  opposed  to  this  Constitution, 
but  I  wish  to  see  no  opposition  made  to  it  ex- 
cept upon  just  and  reasonable  grounds,  and  not 
upon  any  unfair  advantage  which  might  be 
taken  in  that  way.  One  of  the  corrections 
which  I  wish  to  make  is  a  matter  personal  to 
myself.  The  error  appears  in  the  Virginia 
Union,  and  as  a  preliminary  I  will  say  that  it  is 
not  a  matter  of  wonder  to  me  that  such  mis- 
takes occur,  but  the  wonder  is  that  they  do  not 
occur  oftener.  I  am  represented  in  the  Union 
as  saying,  in  regard  to  tlie  article  on  the  Right 
of  SuttVage,  that  in  the  excited  state  of  the  pub- 
lic mind  it  would  be  impossible  to  get  a  fair 
vote  if  the  word  "  disloyal  "  should  be  stricken 
out ;  whereas,  it  is  well  known  that  I  took  ex- 
actly the  opposite  view,  namely  :  that  in  order 
to  remove  the  subject  from  the  passions  of  men. 
the  word  "  disloyal  "  should  be  stricken  out. 

Then  again,  in  the  Enterprise  there  is  an  error 
on  another  question  in  regard  to  a  vote  of  the 
Convention.  I  submitted  an  amendment  re- 
quiring that  every  person  applying  to  have  his 
name  registered  as  an  elector  should  take  and 
subscribe  an  oath  of  allegiance  to  the  State 
and  General  Governments,  and  instructing  a 
committee  to  draft  an  oath  for  that  purpose, 
and  report  it  to  the  Convention  upon  the  suc- 
ceeding day.  To  that  resolution  of  instruc- 
tions an  amendment  was  offered  providing  that 
every  person,  when  making  application  to  be 
registered,  shall,  upon  being  challenged  on  ac- 
count of  disloyalty,  take  and  subscribe  on  oath, 
&c.     I  opposed  that  amendment  for  this  rea- 


son :  that  I  thought  it  was  legislation  directed 
especially  against  a  sp<'cial  class  —  that  it 
would  be  said  that  one  class  arrogated  to  itself 
the  right  of  voting  without  being  subject  to 
this  ri  quirement,  and  that  if  that  amendment 
should  be  adopted,  it  would  leave  it  in  the 
power  of  any  man  at  any  time  to  brand  anoth- 
er as  disloyal,  by  denouncing  him  to  the  Regis- 
trar. I  opposed  the  amendment,  and  it  was 
rejected  by  the  Convention  ;  but  the  report  in 
the  Enterprise  says  it  was  "  passed,  without  a 
division." 

Mr.  FITCII.    It  is  probably  a  misprint  for 
'■lost.'" 

Mr.  DUNNE.    According  to  that  report,  it 
would  appear  that  the   Registrar  should  only 
demand  the  taking  of  the  oath  upon  the  party 
being  challenged,  and  that  I  believe  is  incor- 
rect.    And  now,  to  show  what    advantage  is 
taken  of  these  points  in  a  canvass,  I  will  state 
ihat  the  canvass  has  already  begun  in  our  coun- 
ty, and  I  have  been  required  to  defend  the  po- 
sitions of  our  party,  and  to  meet  and  repel  ar- 
guments like  this,  advanced  by  a  leading  man 
of  the  opposing  party,  a  lawyer  in  our  county  : 
At  a  large  meeting  there  he  attempted  to  prej- 
udice the  audience  against   the  party  of  the 
Union  by  declaring — and  as  I  was  in  the  room 
he  addressed  his  remarks  particularly  to  me — 
that   the    members   of    this  Convenlii.in    were 
bound  by  their  solemn   oaths  to  incorporate  a 
clause  in  the  Constitution  allowing  negroes  to 
vote,  and  if  they  did  not  do  that  they  would 
violate  their  oaths.      He  doubted  which  they 
would  do,  but  thought  that  from  policy  they 
would  violate  their  oaths.    In  proof  of  this  posi- 
tion, he  read  from  the  Enaijling  Act  a  provison 
that  the  Constitution  when  formed  shall  be  re- 
publican, and  not  repugnant  to  the  Constitu- 
tion of  the  United  States  and  the  principles  of 
the  Declaration  of  Independence,  and  then  he 
quoted  the  Declaration  of  Independence  as  de- 
claring  that  "  all  men  are   created   free  and 
equal,"  and  quoted  it  incorrectly,  for  the  word 
■•  free  "  does  not  occur  in  that  sentence  of  the 
instrument.    He  then  went  on  like  this  :  "  Now, 
gentlemen,"  said  he,  "  here  is  the  Enabling  Act, 
which  requires  them  to  embody  the  provisions 
uf  the  Constitution   of  the  United  States  and 
the  Declaration  of  Independence  in  their  Con- 
stitution, and  they  are  obliged  to  include  these 
provisions,   one   declaring   all   men   free    and 
equal  ;  and  if  negroes  are  free  and  equal  with 
white  men,  of  cour.se  they  must  have  the  right 
to   vote."     Now   when   men  will   make    such 
statements  as  that,  there  can  be  no  doubt  that 
they  will  also  take   advantage  of  an  error  of 
this  kind,   if  it  is  not  corrected,  as  I  trust  it 
will  be  in  the  Enterprise.     They  will  say  that 
amendment  was  adopted  in  such  a  shape  that 
any  person  applying  to  the  Registrar  as  a  vot- 
er will  be  required  to  take  that  oath  only  ia 
case  he  is  challenged  for  disloyalty  ;  whereas, 
by   the   action    of  the  Convention    it    is  well 
known  that  the  requirement  to  take  the  oath 
applies  to  all  men  alike. 


318 


TAXATION. 


[10th  day. 


Thui-sday,] 


DeLoxg — NouRSE— Fitch — Banks— Johnsox—Tdzer. 


[July  14. 


Mr.  DeLONG.  In  this  connection  I  will  call 
attention  to  a  very  funny  error  in  the  Union's 
report  of  ray  remarli?.  It  say?  here  '■  He  had 
no  fears  biit  that  the  rebellion  would  be 
crushed,  but  that  the  suits  arising  from  it 
would  live  for  a  hundred  years  to  corne."  I 
really  do  not  know  what  that  means. 

Mr.  XOUUSE.  Perhaps  the  gentleman  had 
a  professional  idea  in  his  mind. 

Mr.  FITCH.  I  imagine  it  is  a  typographical 
error.  The  word  may  have  been  "  fruits"  in- 
stead of  "  suits."' 

The  PRESIDENT.  As  to  the  action  had  by 
the  Convention  on  the  amendment  I  offered  to 
the  motion  of  the  gentleman  from  Humboldt, 
(Mr.  Dni.nc,)  there  is  no  question  but  that  it 
was  voted  down  with  great  unanimity,  and  the 
minutes  exliibit  that  fact. 

Mr.  FITCH.  I  do  not  think  the  Convention 
had  better  spend  its  time  in  correcting  the 
errors  of  the  press.  If  we  do  we  shall  have 
plenty  of  business  on  hand.  By  way  of  illus- 
tration, I  will  state  that  I  telegrapht  d  to  my 
paper,  that  the  Convention  had  struck  out  the 
section  pruhibiting  a  Sole  Trader  law.  and  by 
some  strange  blunder  they  printed  it  in  the  dis- 
patch that  the  Convention  had  adoptid  it. 
which  is  just  the  reverse,  though  the  dispatch 
was  plainly  written. 

.Mr.  NOURSE.  Probably  they  did  not  be- 
lieve you. 

Mr.  DkLONG.  As  to  this  language  attribu- 
ted to  me,  I  do  not  understand  it. 

The  PRESIDENT.  That  may  have  been 
the  condition  of  the  reporter  ;  perhaps  he  could 
not  understand  it. 

CORPORATIOXS. 

The  Secretary  called  attention  to  the  fact 
that  Article  VIII.  entitled  Municipal  and  other 
Corporations,  had  Ijeen  retained  in  his  hands, 
aUiiough  partially  engrossed,  at  the  instance 
of  .Mr.  Warwick,  who  gave  notice  that  he  wished 
to  oiler  an  amendment. 

Mr.  FITCH.  I  have  an  amendment  to  offer 
to  one  section  of  that  article. 

Mr.  B.VNKS.  Inasmuch  as  the  gentleman 
from  Lander  (Mr.  Warwick)  is  temporarily  ab- 
sent, and  1  know  he  is  desirous  of  offering  his 
amendment,  and  inasmuch  as  the  gentleman 
from  Storey  also  wishes  to  offer  an  amendment. 
1  move  that  we  go  into  Committee  of  the 
Whole,  the  President  remaining  in  the  chair, 
on  the  next  article  before  that  committee,  which 
ie  Anicle  X.  entitled  Taxation. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

COMMITTEE   OF   THE   WHOLE. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Wiiole.  (the  President 
remaining  in  the  Chair.)  and  resumed  consid- 
eration of  Article  X.  entitled  Taxation. 

TAXATION'. 

The  CHAIRMAN.      AVheu  this  article   was 


last  before  the  Committee,  an  amendment  was 
pending,  offered  by  the  gentleman  from  Storey, 
(Mr.  Tozer,)  to  strike  out  the  words  "including 
mines  and  mining  property."  Also  an  amend- 
ment offered  by  the  gentleman  from  Humboldt, 
(Mr.  Banks,)  to  strike  out  only  the  words 
"  mines  and."  and  also  to  add  at  the  end  of 
the  section  the  words  :  '•  Provided,  that  in  the 
taxation  of  mines,  the  proceeds  only  shall  be 
tax.  d." 

The  question  was  taken  on  Mr.  Banks'  amend- 
ment, and  it  was  not  agreed  to. 

The  question  recurred  on  the  amendment  of- 
fered by  Mr.  Tozer,  to  strike  out  the  words 
'•including  mines  and  mining  property,"  so 
that  the  section  would  read  as  follows  : — 

Sec.  1.  The  Legislature  shall  provide  by  law  for  a 
uuiform  and  equal  rate  of  assessment  and  taxation, 
and  shall  prescribe  such  regulations  as  shall  secure  a 
just  valuation  for  taxation  of  all  j^roperty,  both  real 
and  personal,  excepting  such  property  only  as  may  be 
exempted  by  law  for  municipal,  educational,  literary, 
scientific,  reUgious,  or  charitable  purposes." 

[Mr.  LocKwooD  in  the  Chair.] 
Mr.  JOHNSON.  I  believe  the  section,  la 
the  condition  in  which  it  ftands  now,  is  open  to 
I  amendment,  as  there  is  but  one  amendment 
i  pending.  I  will  not,  however,  present  the 
;  amendment  which  I  desire  to  offer  at  this  stage 
of  the  proceedings. 

Mr.  HAWLE\\  I  ask  that  the  gentleman's 
amendment  be  read  for  information. 

Mr.  JOHNSON.  I  do  not  desire  to  embar- 
rass this  subject  with  a  multiplicity  of  amend- 
ments, which  possibly  might  confuse  the  judg- 
ment of  members,  but  for  the  information  of 
the  Convention.  I  will  state  what  course  of  ac- 
tion I  propose,  when  this  amendment  now  under 
consideration  shall  have  been  either  adopted 
or  rejected.  I  shall  move  to  strike  out  the 
section  as  it  occurs  in  our  printed  basis,  either 
with  or  without  any  of  the  amendments  which 
have  been  ottered,  and  insert  the  following,  as 
a  substitute  for  the  entire  section: — 

Section  1.  The  Legislat  re  shall  provide  by  law  for 
the  assessment  and  collection  of  taxes  by  a  uniform 
rule,  so  that  taxes  shall  be  assessed  and  collected  on 
all  jjroperty,  possessory  rights,  and  claims,  according 
to  their  trxie  value  iu  mouej". 

It  is  the  same  amendment  which  I  read  for 
the  information  of  the  Convention  on  a  former 
occasion. 

Mr.  TOZER.  I  shall  not  trouble  the  Con- 
vention with  remarks  of  any  length  upon  this 
question,  at  this  time,  and  I  hope  I  shall  not 
feel  it  my  duty  to  do  so  at  any  time.  I  rise 
now  simply  to  say  that  the  amendment,  as 
originally  proposed  by  myself,  striking  out  the 
last  clause  of  the  section,  which  follows  the 
words.  ■•  l)Oth  real  and  personal,"  would  leave 
the  section,  in  my  judgment,  in  such  a  shape 
that  it  will  be  accepf,al)le  to  the  voters  of  this 
Territory,  who  are  to  deliberate  and  decide  upon 
the  question  of  a  State  (jovernment.  I  cannot 
conceive  how  the  Convention  can  leave  the 
taxation  clause  in  a  better  shape  than  that.  It 
simply  places  iu  the  hands  of  the  Legislature, 


10th  day.] 


TAXATION. 


319 


Thursday,] 


Johnson — DeLong. 


[July  14. 


■^\hich  is  to  succeed  us,  the  power  aud  authority 
to  raise  revenue  for  the  support  of  the  State 
Goverument  by  a  uniform  and  equal  rate  of 
taxation  upon  all  propi  rty,  both  real  and  per- 
sonal. If  this  view  will  not  meet  with  the 
sanction  and  cooperation  of  the  delegates  on 
this  floor,  both  from  the  agricultural  aud  the 
mining  counties,  I  can  hardly  conceive  what 
will.  I  sincerely  hope  that  the  Convention 
will  be  able  to  get  over  this  "Hog's-Back  "  in 
in  our  business,  by  simply  adopting  the  amend- 
ment I  have  offered. 

Mr.  JOHNSON.  I  will  not  occupy  any  con- 
siderable part  of  the  time  of  the  Convention  iu 
discussing  this  matter,  but  there  is  one  propo- 
sition which  I  wish  to  present  clearly  to  the 
minds  of  the  Convention.  The  question  is. 
whether  it  is  or  is  not  the  intention,  by  the 
adoption  of  the  amendment  ©ft'ered  by  the  gen- 
tleman from  Storey,  (Mr.  Tozer,)  to  tax  the 
mines?  Or  whether,  on  the  other  hand,  it  is  the 
intention  of  the  Convention  to  do  something, 
the  efi'3ct  of  which  will  be  to  confuse  and  de- 
ceive the  public  mind  on  that  suliject  ?  Now, 
sir,  as  I  expressed  myself  on  a  previous  occa- 
sion— and  the  responsibility  of  which  position 
I  am  willing  to  assume  before  the  people  of  this 
Territory — I  do  not  want  to  leave  this  question 
one  of  doubt  aud  uncertainty  ;  that  is,  in  such 
a  condition  as  will  be  calcuhited  to  deceive  the 
public  mind.  I  repeat,  sir,  that  unless  all 
property  that  has  a  cash  value  in  the  market  is 
subjected  to  taxation,  unless  we  have  a  govern- 
ment founded  on  those  immutable  principles  of 
justice,  equity  and  right,  I,  for  one.  want  to  be 
far  distant  the  day  when  we  shall  adopt  a  State 
Government.  That  is  the  issue  which  I  wish 
to  have  presented,  and  I  do  not  want  it  con- 
fused or  mystified  by  language  which  may  be 
susceptible  of  different  constructions.  I  will 
not  consent,  by  the  adoption  of  the  language 
of  the  California  Constitution,  and  the  conse- 
quent precedent  afforded  by  the  example  of 
that  State,  to  appease  the  consciences  of  gentle- 
men who  .shall  be  sent  here  as  members  of  our 
Legislature,  and,  with  uplifted  hands,  swear  be- 
fore Almighty  God  to  support  the  Constitution. 
I  do  not  wish  to  adopt  such  language  that  they 
may  feel  justified,  after  taking  that  oath,  iu 
turning  around  and  palpably  violating  the  ex- 
press provision  of  the  instrument  they  have 
sworn  to  support,  because,  forsooth,  the  action 
of  California,  under  a  similar  constitutional 
provision,  has,  for  fourteen  years,  been  of  the 
same  character.  No.  sir;  I  will  consent  to  no- 
thing of  that  kind,  and  I  entreat  and  beg  of 
gentlemen  of  the  Convention  to  incorporate  uo 
language  in  this  instrument  which  is  suscepti- 
ble of  more  than  one  construction,  but  to  adopt 
language  which  every  person  can  understand. 
Let  us  take  the  responsibility,  one  way  or  the 
other.  Let  us  say,  plainly,  that  one-fourth  of 
the  property  of  the  State  shall  pay  all  the  ex- 
penses of  the  government,  or  on  the  other  hand, 
let  us  declare  that  all  property  which  has  a  cash 
value  in  the  market,  in  proportion  to  that  cash 


value  shall  be  subjected  to  the  bui  den  of  taxa- 
tion. 

This  is,  in  brief,  my  position.  I  conceive  that 
it  is  not  necessary  to  discriminate,  or  to  !<pccify 
the  particular  species  or  classes  of  property, 
aside  from  the  terms  we  employ  iu  this  scctiou 
which  I  otter  as  a  substitue  for  the  entire  sec- 
tion under  consideration.  If  we  were  to  do 
that,  it  would  possibly  be  necessary  to  go  into 
an  extended  enumeration  and  description  of  all 
kinds  of  property.  But,  I  repeat,  to  avoid  the 
like  evils  which  have  grown  up  under  the 
legislation  of  our  sister  State  of  California  un- 
der a  similar  provision,  to  e.^cape  the  conse- 
quences of  such  legislation,  to  deprive  mem- 
bers of  our  Legislature  of  the  pretext,  with 
which  to  appease  and  satisfy  their  consciences, 
that  because  the  Legislature  of  that  State, 
bound  by  a  similar  provision,  has  been,  as  I 
conceive,  for  the  last  fourteen  years  palpably 
violating  the  oath  which  the  members  of  that 
Legislature  have  taken,  therefore  they  may 
pursue  the  same  couse — to  avoid  this  conse- 
quence, I  say,  I  want  such  language  incorpo- 
rated here,  as  cannot,  by  any  possibility,  leave 
it  a  matter  of  doubt  or  question  what  we  mean. 
If  other  gentlemen  desire  to  present  the  propo- 
sition distinctly  and  unmistakably  that  a  por- 
tion of  the  property  of  the  country  shall  pay 
all  the  taxes,  and  another  portion  shall  be  ex- 
empt from  taxation,  then  I  appeal  to  them  to 
come  out  like  candid  men  and  distinctly  enun- 
ciate in  the  organic  law  of  our  State,  the  rule, 
that  mines  and  mining  property  shall  not  be 
taxed.  Then  we  shall  know  what  we  are  doing. 
Then  we  can  have  a  square  vote,  and  our  con- 
stituencies will  know,  now,  and  in  all  time  to 
come,  what  we  do  mean,  and  what  is  to  be  the 
understanding  of  our  action  by  the  Legislature. 
Any  expression  less  explicit  than  this,  I  should 
not  be  content  to  see  incorporated  in  the  Con- 
stitution. 

Mr.  DeLONG.  I  had  hoped  that  this  ques- 
tion might  come  to  a  vote  without  further  dis- 
cussion. I  asked  by  colleague  (Mr.  Tozer)  not 
to  make  any  remarks  which  might  open  the 
way  for  a  protracted  discussion,  aud  he  did  not 
do  so  until  the  gentleman  from  Ormsby,  (Mr. 
Johnson)  opened  the  debate.  We  proposed  to 
have  a  vote  without  discussion,  but  now,  I 
think  it  would  be  impossible. 

Mr.  JOHNSON.  In  reply  to  the  gentleman, 
I  will  suggest  this :  that  a  few  days  ago,  the 
gentleman  from  Storey,  (Mr.  DeLong.)  did  him- 
self speak  very  exteudedly  on  this  question, 
and  other  gentlemen  did  the  same  ;  aud  at  that 
time,  for  about  eight  minutes,  I  addressed  the 
Convention,  but  was  cut  short  by  the  hour  of 
adjournment,  and  of  course  it  was  understood 
and  recognized  as  a  matter  of  courtesy,  to  say 
nothing  of  right,  that  I  should  have  an  oppor- 
tunity to  conclude.  And  that  I  might  do  so, 
and  thereby  render  my  views  on  this  question 
understood — and  not  to  provoke  discussion^ 
have  I  to-day  claimed  the  attention  of  the  Con- 
vention. 


320 


TAXATION. 


[10th  day 


Thursday,] 


DeLong — Stcrtevaxt. 


[July  14. 


Mr.  DkLONG.  Certainly,  by  no  words  of 
mine,  would  I  cast  any  c 'nsure  upon  tlie  gen- 
tleman from  Orm.sby.  our  President,  for  making 
any  nniarks.  upon'any  question,  at  any  time, 
or  "on  anv  occasion  he  pleases.  It  is  a  privilege 
which  rahvays  avail  myself  of,  regardless  of 
any  censure  which  I  might  incur  from  any 
source,  and  I  concede  the  right  to  others  to  do 
the  same.  But  I  thought  this  matter  had  been 
so  long  canvassed,  not  only  by  members  of  the 
Convention,  but  also  by  the  people,  and  the 
press  of  lliL-  whole  Territory,  that  every  mem- 
ber's mind  must  be  firmly  made  up.  and  that 
we  might  as  well  marcii  right  up  to  the  scratch, 
declaring  expressly  what  will  be  our  course  of 
action,  without  any  further  talk.  Now.  what 
is  the  u:-e  of  my  going  through  the  field  of  ar- 
gument on  our  side,  to  show  that  this  amend- 
ment suggested  by  the  gentleman  from  Ormsby 
would  be  wrong?  Could  I  hope  to  convince 
any  one  of  these  agricultural  members  that  it 
is  wrong?  No,  sir.  Neither  can  men,  with  ac- 
tual or  assumed  indignation  mantling  to  their 
brows,  convince  mo  that  I  am  wrong  when  I 
say  that  a  tax.  as  proposed  by  this  section,  up- 
on mining  property,  is  onerous  and  unjust. 

Now,  sir,  while  1  concede  to  gentlemen  on 
the  opposite  side  credit  for  candor  and  sinceri- 
ty. I  a.sk  the  same  concession  from  them  to 
me.  I  do  not  believe  this  is  right,  as  it  stands. 
Sir.  when  members  representing  mining  con- 
stituencies in  the  former  Convention,  arose  and 
insisted  with  unanswerable  logic  that  property 
in  minis  was  no  property  at  all,  but  a  mei-e 
hope  and  expectation,  what  was  the  reply  of 
these  agricultural  gentlemen  ?  Why,  that  a 
mine  was  as  much  property  as  a  farm  ;  and 
they  have  insisted,  and  do  insist  upon  the  same 
thing  to-day.  Now,  for  the  sake  of  consisten- 
cy, I  say,  do  not  abandon  that  position  ;  but  if 
you  assert  it,  maintain  it  throughout.  And 
when  you  have  gone  thus  far — when  y  u  have 
said  all  property,  both  real  and  personal,  shall 
be  taxed,  have  you  not  gone  far  enough,  if 
mines  really  are  property?  In  the  name  of 
conscience,  why  would  you  add  those  words 
which  will  make  this  Constitution  odious  to  the 
great  mass  of  the  people  of  this  Territory? 
Why  insist  on  retaining  those  words,  '•  mines 
and  mining  property."  which  we  are  propos- 
ing to  strike  out?  There  is  and  can  be  but 
one  reason  for  it.  They  iiisist  that  mines  are 
property,  yet,  although  they  do  not  name 
farms  and  l)arns  and  buildings,  and  so  on,  they 
neveTtheless  insist  on  naming  here  our  particu- 
lar species  of  properly.  They  can  give  but 
one  rijason  for  it,  and  that  is  the  one  advanced 
by  the  gentleman  from  Ormsby.  (Mr.  Jolinson.) 
who  says  that  he  wishes  to  make  it  so  plain 
that  men  occupying  legislative  positions  under 
tin;  Constitution,  shall  not  Ik;  able  to  do  otiier- 
wise  than  tax  the  mines,  without  a  violation  of 
that  oath  which  every  one  takes  in  the  pres- 
ence of  Almighty  God.  Now,  sir,  I  reply  to 
that  gentleman,  that  his  argument  is  bad.  If 
it  be  true  that  mines  are  property  as  much  as 


farms,  and  buildings ;  and  if  it  be  true  that  a 
man  coming  to  the  Capital  here  as  a  legi-sla- 
tor,  under  tlie  Constitution,  will  tax  that  latter 
description  of  property,  without  taxing  the 
mines,  and  thereby  violate  his  oath,  then,  I  say, 
such  a  man  will  violate  his  oath  just  as  readily 
with  that  provision  in,  as  he  will  with  it  out. 
You  cannot  provide,  by  any  stringency  of  law, 
against  wrong-doing  by  a  man  who  is  natural- 
ly a  wrong-doer.  If  a  man  comes  here,  actu- 
al'd  by  the  prejudices  of  his  constituents,  or 
liis  own  determination  not  to  tax  the  mines,  he 
will  do  it  DO  sooner  with  this  provision  in,  than 
he  will  with  it  out. 

Our  only  object  is.  not  to  avoid  taxation,  but 
that  we  may  remove  from  this  article  what  ap- 
pears to  be  a  studied  insult  to  our  constituents. 
We  wish  to  remove  that  ofl'ensive  language 
which  brought  down  upon  the  old  Constitution 
the  condemnation  of  the  people  of  this  Terri- 
tory—  to  remove  an  obj  ction  and  a  reproach 
which  last  fall  caused  the  State  organization  to 
be  Iniried  deep  under  the  people's  feet,  instead 
of  being  adopted,  as  it  would  have  been  if  that 
clause  had  not  existed  in  the  Constitution.  If, 
then,  we  want  a  now  State — which  I  suppose  is 
the  desire  of  all  of  us— if  we  wish  to  step  into 
the  circling  sisterhood  of  the  Union  as  a  sover- 
eign State — we  cannot  hope  to  do  it  with  a 
Constitution  containing  a  clause  which  has  met 
with  the  people's  express  disapproval,  time  and 
time  again.  Strike  that  out,  and  then  if  you 
have  other  amendments  to  propose,  we  are 
ready  to  meet  you  on  fair  and  equal  ground, 
so  far  as  we  can.  But  we  insist  that  it  is  use- 
less to  go  over  the  whole  argument — on  the 
one  side  that  the  mines  are  property,  and  on 
the  other  side  that  they  are  not  Leave  us  to 
stand  on  the  same  broad  and  complete  plat- 
form of  equality  with  yourselves,  and  do  not 
apply  yourselves  to  the  task  of  compelling 
the  members  of  the  Legislature  to  do  their 
duty.  They  are  responsible  to  their  constitu- 
ents, and  to  their  God.  for  any  violation  of 
their  oaths,  or  any  wrong-doing  whatsoever. 

Mr.  STURTEVANT.  Will  the  gentleman 
permit  me  to  ask  him  a  question  ?  He  assumes 
the  responsibility  of  saying  that  the  Constitu- 
tion was  beaten  last  year  in  consequence  of 
this  mining  clause  ;  now  I  ask  this  question  : 
If  that  1)0  the  case,  why  did  the  Legislature 
since  that  time,  pass  an  act  wliich  is  now  among 
the  territorial  statutes,  amounting  to  the  same 
thing  as  tliat  which  this  clause  provides  for?  I 
refer  to  the  provision  in  the  present  revenue 
law  for  taxing  the  mines. 

Mr.  DeLONG.  My  dear  sir,  not  having  been 
one  of  trie  members  of  that  Legislature,  and 
their  intentions  and  motives  being  inscrutable, 
I  could  not  answer  the  question.  I  do  not 
know  what  in  the  world  they  did  it  for  ;  but  I 
will  say  this,  that  they  only  did  what  we  are 
perfectly  willing  they  should  do.  I  insist  upon 
it  as  a  proposition  not  to  be  disputed,  that  the 
mining  community  are  willing  that  the  mines 
should  be  taxed.    And  they  will  come  here  by 


loth  day.] 


TAXATION. 


321 


Thursday,] 


FrrcH — Johnson. 


[July  14. 


their  representatives,  as  a  State,  as  they  did 
last  winter,  by  their  representatives,  as  a  Terri- 
tory, ready  to  vote  for  a  revenue  bill  which 
will  tax  the  mines. 

But  they  say,  nevertheless,  that  you  shall  not 
incorporate  a  provision  into  the  Constitution, 
which  appears  to  be  devised,  as  it  were,  from 
a  motive  of  vengeance  and  hate  towards  their 
especial  interest.  Why  do  you  say  that  mines 
and  mining  property  shall  be  taxed?  It  loolis 
as  if  it  were  a  studied  effort— as  if  you  were 
seeking  to  reach  us,  beyond  a  peradventure, 
while  other  interests  might  escape.  But  I  am 
willing,  in  order  to  meet  the  demands  of  the 
occasion,  in  order  to  try  and  adopt  a  compro- 
mise between  ourselves,  in  order  to  try  and 
draw  up  a  Constitution  which  will  be  adopted 
by  the  people,  to  abandon  the  position  which  I 
had  at  heart,  to  wit :  a  provision  that  nothing 
but  the  proceeds  and  improvements  of  mines, 
and  not  the  mines  themselves,  should  be  taxed. 
That  is  the  position  which  I  believe  to  be  cor- 
rect and  just ;  but,  with  the  hope  of  obtaining 
some  ground  which  will  be  common  ground,  I 
am  content  to  adopt  the  amendment  of  my  col- 
league, (Mr.  Tozer,)  inasmuch  as  I  believe  if 
you  adopt  that  at  once,  it  will  allay  all  hos- 
tility against  the  Constitution  among  the  min- 
ers, and  you  will,  at  the  same  time,  reach  pre- 
cisely the  same  result  as  you  would  by  the 
adoption  of  the  clause  of  the  article  which  we 
propose  to  strike  out.  That  is  my  wish,  and  I 
do  hope  we  shall  come  to  a  vote  with  as  little 
debate  as  possible. 

If  it  is  the  will  of  the  Convention,  neverthe- 
less, that  we  shall  have  a  clause  taxing  mines 
as  other  property — although  I  protest  against 
it — yet  if  this  objectionable  language  only  be 
removed.  I  will  leave  this  hall  and  return  to 
my  constituents,  ready  to  do  all  I  can  to  secure 
the  adoption  of  the  Constitution,  under  the 
necessities  which  are  upon  us.  But,  in  the 
name  of  my  constituents,  I  ask  for  the  removal 
of  this  language  of  reproach. 

Mr.  FITCH.  It  seems  to  me  that  if  those 
gentlemen  who  are  opposed  to  the  mines  being 
taxed,  were  imbued  with  the  spirit  which  the 
friends  of  mining  taxation  ascribe  to  them,  they 
would  not  take  the  position  which  they  have 
assume  d  on  this  floor.  If  I  were  as  much  op- 
posed to  mining  taxation  as  I  am  in  favor  of 
it — if  I  were  as  strongly  opposed  to  a  tax  be- 
ing levii  d  upon  the  market  value  of  the  mines 
as  I  am  in  favor  of  a  tax  of  that  kind — I  should 
be  satisfied  with  nothing  less  than  a  clause  de- 
claring that  mines  and  mining  property  shall 
not  be  taxed.  I  would  contend  that  it  should 
be  stated  directly  and  plainly,  that  the  mines 
shall  not  be  taxed.  And  I  think  that  the  gen- 
tlemen who,  differing  with  me,  are  opposed 
to  taxing  the  mines,  are  acting  with  a  great 
deal  of  liberality,  and  exhibiting  a  commenda- 
ble spirit  of  compromise,  in  proposing  merely 
to  strike  out  the  words,  "including  mines  and 
mining  property." 

Now,  sir,  the  gentleman  from  Ormsby  (Mr. 
U 


Johnson)  said  he  wished  the  Convention  to 
declare  distinctly  that  they  intended  either  to 
tax  or  not  to  tax  the  mines. 

Mr.  JOHNSON.  To  use  such  language  as 
not  to  leave  it  a  matter  of  doubt. 

Mr.  FITCH.  E.xactly ;  that  the  Convention 
should  adopt  such  language  that  the  Legisla- 
ture would  have  no  reason  for  doubt.  Now, 
sir,  I  think  so  long  as  the  gentlemen  who  are 
opposed  to  taxing  the  mines  fail  to  demand  pos- 
itive prohibition,  they  do  all  that  the  gentleman 
from  Ormsby  can  ask.  They  leave  the  question 
with  the  Legislature,  and  the  Legislature,  in  my 
judgment,  and  in  the  judgment  of  men  older  and 
more  experienced  than  myself,  if  those  words 
were  stricken  out,  would  undoubtedly  have  the 
power  to  tax  the  mines.  And.  as  my  colleague 
has  stated,  even  if  you  go  farther,  and  assert  pos- 
itively that  the  Legislature  shall  tax  the  mines, 
and  leave  your  Constitution  in  that  form,  at 
last  you  will  have  to  leave  it  to  the  Legislature 
to  render  the  provision  operative,  and  if  they 
would  choose  to  violate  their  oaths  in  one  re- 
spect, they  would  in  another.  It  has  got  at 
last  to  be  a  question  of  judicial  construction. 

Now,  sir,  I  have  but  a  few  words  more  to 
say,  and  I  will  then  take  my  seat.  In  regard 
to  the  remarks  I  made  the  other  day,  my  posi- 
tion has  been  somewhat  misconstrued  on  this 
subject.  Some  gentlemen  have  seemed  to  en- 
tertain the  idea  that  I  was  in  favor  of  so  mys- 
tifying this  question  as  to  deceive  the  mining 
population,  or  deceive  the  agricultural  popula- 
tion, by  leaving  the  matter  in  doubt.  Not  at 
all.  I  regard  it  as  being  as  clear  and  strong 
as  it  can  be,  when  we  say  that  all  property 
shall  be  taxed.  I  regard  it  as  being  so  clear  as 
to  leave  no  possible  room  for  doubt,  and  I  ob- 
ject to  putting  in  the  words,  "  includiuj:  mines 
and  mining  property,"  because  those  words  ex- 
press a  doubt  in  our  organic  law  as  to  the  in- 
tention of  the  mining  constituencies.  It  is  an 
intimation  that  they  would  refuse  to  obey  the 
Constitution,  and  it  is,  therefore,  as  my  col- 
league has  remarked,  an  insult  to  the  mining 
constituencies.  I  ask  gentlemen  to  consider 
this  question.  Let  them  count  the  number  of 
delegates,  if  they  please,  who  are  present  here 
from  the  mining  counties,  and  then  the  number 
present  from  agricultural  counties.  Let  them 
see  the  large  majority  in  the  Convention — if 
they  will  pardon  the  allusion — of  representa- 
tives of  the  mining  interest.  Let  them  see 
that  the  delegates  from  the  mining  counties 
have  certainly  the  power,  if  they  had  the  wil]^ 
to  insert  in  that  Constitution  a  positive  prohi- 
bition of  the  taxation  of  the  mines.  And  yet 
we  are  quite  content  to  omit  the  language  alto- 
gether. I  have  said  "we,"  because,  although  I 
am  in  favor  of  taxing  the  mines,  yet  I  repre- 
sent a  mining  constituency.  I  should  rather 
say,  they  are  willing  to  let  the  section  be  as 
strongly  in  favor  of  taxing  the  mines  as  it  can 
be,  without  insulting  those  people  whom  they 
represent.  Now,  if  you  strike  out  those  words, 
you  still  include  the  mines  by  saying  that  all 


322 


TAXATION. 


[10th  day. 


Thursday,] 


JOHXSOX — DeLoNG — FiTCU. 


[July  14. 


property  shall  be  taxed.  What  is  the  necessity, 
then,  of  iustrting  that  provision?  It  accom- 
plishes nothing,  because,  as  I  said  before,  if  the 
Legisluture  should  choose  to  violate  the  Con- 
stiuition,  it  would  do  it  just  as  readily  in  one 
rejpcct  as  in  another.  But.  on  the  contrary,  if 
you  place  that  objectionable  language  in  the 
section,  you  put  an  argument  in  the  mouths  of 
those  who  are  opposed  to  the  formation  of  a 
State  Government. 

One  word  further,  and  I  have  done.  I  disagree 
with  the  gentleman  from  Ormsby  (Mr.  John- 
sou)  in  one  particular.  He  says  he  wants  this 
mattfV  detiaiti'ly  stated  in  the  Constitution,  and 
if  the  Convention  shall  fail  to  put  it  in,  in  un- 
mistakable lauguage,  he  would  rather  the  Con- 
stitution itself  should  fail.  If  the  Convention 
fails  to  use  such  lauguage  as  exactly  suits  him, 
he  does  not  want  the  Constitution  adopted. 
Now.  sir,  I  take  no  such  position  as  that.  If 
this  Convention  shall  put  in  this  phrase,  "  in- 
cluding mines  and  mining  property,"  1  believe 
that  my  colleagues,  who  are  strongly  opposed 
to  taxing  the  mines,  will,  as  well  as  myself, 
nevertheless,  go  before  the  people,  and  strongly 
urge  upon  them  the  importance  of  the  adoption 
of  the  ConstitutioQ.  It  is  my  determination  to 
take  that  course,  no  matter  wliat  may  be  put 
in  this  section.  But  I  ask  the  Couveutiou  to 
consider  this,  that  if  you  put  that  language  in 
the  section,  you  thereby  place  a  club  in  the 
hands  of  your  enemies,  and  aid  them  in  beating 
out  your  own  brains. 

.Mr.  JOHNSON.  I  do  not  know,  upon  re- 
flection, l)Ut  what  now  is  as  proper  a  time  as 
any  to  ofler  my  amendment,  and  I  will  do  so. 
I  move  to  strike  out  Section  1  entirely,  and 
substitute  the  following  : — 

Section  1.  The  Legislature  shal!  provide  by  law  for 
the  assessment  and  collection  of  taxes  by  a  uniform 
rule,  so  that  taxes  shall  be  assessed  and  collected  on  all 
property,  possessory  rights,  and  claims,  according  to 
their  true  value  in  money. 

Now,  sir,  if  there  were  any  evidence  wanted 
of  the  impracticability  and  the  impropriety  of 
leaviug  this  section  as  it  is  proposed  to  be  left 
by  the  gentleman  from  Storey,  (Mr.  Tozer,)  it 
would  be  found  iu  the  speeches  which  have 
been  made  by  the  two  gentlemen  who  have 
preceded  me.  One  of  these  gentlemen  is  wil- 
ling to  as.=ume  the  position,  as  I  understand 
him.  that  mines  are  property ;  but,  the  other 
gentleman,  not  content  with  the  enunciation  of 
his  views  here,  recurs  to  the  opposition,  in  past 
time,  to  the  passage  of  the  Ibrmer  Constitu- 
timi.  and  in  the  most  unmistakable  language, 
declares  that  he  does  not  believe  that  miues  are 
property.     Am  I  correct? 

Mr.  UkLONG.  I  do  not  think  I  used  that 
language — that  I  did  not  believe  that  mines 
are  property.  I  believe  they  are  not  such 
property  as  should  be  included  in  taxation,  be- 
yond th"  proceeds  and  the  improvements. 

Mr.  JOHNSON.  Does  the  gentleman  be- 
lieve that  the  Legislature  would  have  the  right, 
under  this  section,  as  proposed  to  be  amended 


by  his  colleague,  to  refuse  to  tax  them  as  prop- 
erty? 

Mr.  DeLONG.  Entertaining  the  views  of 
the  gentleman  from  Ormsby.  I  should  not. 

Mr.  JOHNSON.  Is  not  that  the  gentleman's 
own  view?  Does  he  not  believe  that  the  mines 
should  not  be  taxed? 

Mr.  DeLONG.  Yes,  sir ;  my  view  is  that 
they  should  not  be  taxed,  any  farther  than  the 
proceeds  and  improvements. 

Mr.  JOHNSON.  That  is  the  practical  ques- 
tion. Now,  shall  we  adopt  a  Constitution  that 
will  give  the  Legislatuie  an  opportunity  to  es- 
cape the  responsibility  of  their  oaths,  and  tax 
only  a  portion  of  the  property  of  the  State? 

Mr.  FITCH.  Will  the  gentleman  allow  me 
to  ask  him  a  question? 

Mr.  JOHNSON.  Most  unquestionably  ;  for 
I  intend  to  ask  him  a  question  pretty  soon. 

Mr.  FITCH.  Does  the  gentleman  believe 
that  if  the  words,  "  including  mines  and  mining 
property,"  were  stricken  out,  the  Legislature 
would  have  a  right  to  tax  the  mines? 

Mr.  JOHNSON.  I  will  tell  the  gentleman, 
and  I  will  tell  the  Convention,  the  reasons  why 
I  desire  the  words,  "  possessory  rights  and 
claims,"  inserted  there,  very  soon. 

Now,  wc  know  that  one  of  the  gentlemen  is 
in  favor  of  taxing  the  mines,  while  the  other  is 
not.  And  I  will  say  that,  whatever  may  have 
been  the  position  of  the  gentleman  from  Storey 
(Mr.  Fitch)  the  other  day,  and  whatever  he 
may  have  intended  to  express,  I  certainly  great- 
ly misunderstood  him  if  he  did  not  take  the 
position  that  he  was  in  favor  of  taxing  the 
mines,  and  thought  that  that  provision  would 
give  the  right  to  the  Legislature  to  do  so,  but 
that  at  the  same  time  he  did  not  want  the  people 
to  understand  that  that  was  what  was  intended 
by  the  action  of  the  Convention.  And  I  do 
not  believe  there  is  a  member  of  the  Conven- 
tion here  but  understood  that  to  be  the  position 
of  the  gentleman  from  Storey  at  the  time. 
We  are  told  now,  that  gentlemen  do  not  want 
those  words  left  in,  because  they  are  a  studied 
affront,  and  an  attempt  to  insult  the  people  of 
the  mining  counties.  To  insult  them  how  ?  To 
insult  them  by  saying:  "You,  enjoying  the 
wealth  of  the  country — enjoying  the  blessings 
of  its  Government — enjoying  its  protection — 
enjoying  the  protection  of  the  courts,  and  the 
expensive  judicial  system,  which  is  proposed 
now  to  be  increased  in  the  way  of  expense, 
and  the  greater  part  of  the  time  of  which  is  to 
be  devoted  to  the  litigation  of  your  rights  and 
the  protection  of  your  property,  shall  pay  your 
share — your  fair  share — towards  the  support  of 
the  Government,  and  of  that  judicial  system." 

Mr.  DeLONG.  Will  the  gentleman  allow 
me  to  ask  him  a  question? 

Mr.  JOHNSON.  I  hope  the  gentleman  will 
not  interrupt  me,  if  he  pleases,  till  I  get  to  a 
period,  for  I  want  to  make  the  point  right 
there.  I  ask  again,  is  it  an  insult  to  say  to 
them — enjoying  those  innumerable  benefits  and 
privileges — that  they  shall  be  required  to  con- 


10th  day.] 


TxVXATION. 


323 


Thursday.] 


DkLoxg JOHXSOX. 


[July  14. 


tribute  towards  the  expenses  of  the  Govern- 
ment in  proportion  to  what  they  have  of  this 
world's  goods,  according  to  its  true  value  in 
money?  This  is  the  insult  that  gentlemen 
prate  about.  It  is  telling  our  people  that  if 
they  enjoy  the  benefits  of  the  Government,  they 
must,  in  proportion  to  the  property  they  pos- 
sess, contrilnite  to  the  support  of  that  G  .vern- 
ment.  If  that  is  an  insult,  then  I  am  one  who 
does  insult  them.  But  on  behalf  of  myself, 
and  those  whose  views  I  represent.  I  maintain 
that  it  is  begging  the  question  to  say  that  be- 
cause we  will  not  consent  to  the  use  of  words 
of  a  doubtful  meaning,  it  is  an  insult  to  any 
one. 

Now.  how  far  does  this  question  affect  those 
whom  I  repre.sent  on  this  floor?  Why.  sir.  the 
Eiialiling  Act.  by  the  authority  of  which  we  are 
here  assembled,  expressly  provides  that  the 
prop  rty  of  the  Government  shall  not  be  taxed. 
The  mines  are  confessedly  the  proprrty  of  tlie 
Government,  but  the  possessory  right  is  in  in- 
dividuals. Now,  the  ranch  which  I  hold  west 
of  this  city,  belongs  to  the  Government,  also, 
and  all  the  right  I  have  is  a  possessory  claim. 
I  am  willing  to  be  taxed  on  that,  and  I  propose 
that  my  constituents,  who  are  mainly  agricul- 
tural people,  and  few  of  whom  have  any  right 
to  the  lands  they  occupy  but  a  right  of  posses- 
sion, the  fee  being  in  the  Government,  shall 
also  be  (axed  ;  whereas,  this  section,  as  it 
would  stand  amended  on  the  motion  of  the 
gentleman  from  Storey,  (Mr.  Tozer,)  would 
entirely  exempt  all  of  us  who  have  only  pos- 
ses.«ory  rights  in  our  ranches,  from  taxation. 
So  far  as  I  am  concerned,  leaving  it  as  the 
gentleman  from  Storey  proposes — leaving  out 
the  words,  •'  possessory  claims  and  rights  " — it 
would  stand  about  this  way  :  I  should  be  taxed 
a'jout  one-fifth  as  much  as  I  would  be  by  the 
amendment  wh'cb  I  have  offered. 

Mr.  DkLONG.  Has  the  gentleman  found 
the  place  for  my  question,  yet? 

Mr.  JOHNSON.     I  am  ready. 

Mr.  DeLONG.  Suppose  you  leave  it  as  it  is 
in  the  original  printed  basis,  and  after  "  mines 
and  mining  property."  insert  the  words,  "  also 
possessory  claims  to  the  public  lands,  the  title 
of  which  is  in  the  United  States  "  ? 

Mr.  JOHNSON.  In  contradistinction  to  min- 
ing claims?  Tlaen  I  would  ask  to  include  pos- 
sessory rights  in  mining  claims,  also.  But 
these  words  in  the  amendment  which  I  have 
offered.  I  conceive  would  include  the  posses- 
sory rights  of  every  man,  woman  and  ciiild  in 
the  country  to  property  of  the  Government, 
whether  it  be  a  mine  or  anything  else.  That 
language  embraces,  in  my  judgment,  the  right 
of  possession,  and  every  kind  of  claim  to  prop- 
erty, the  fee  of  which  is  in  the  Government, 
and  of  course,  the  higher  title  also,  when  the 
fee  has  passed  from  the  Government  to  the  cit- 
izen. In  other  words,  it  exempts  nothing. 
That  is  my  proposition.  I  am  unwilling  that 
anything  shall  be  exempted  that  has  a  cash 
value,  but  according  to  that  value,  everything 


must  be  assessed  and  taxed.  Now,  sir,  it  must 
be  apparent,  inasmuch  as  there  is  a  difference 
of  opinion  among  gentlemen  on  this  floor  as  to 
whether  the  words  "  real  or  personal.''  as  they 
are  here  used,  would  or  would  not  embrace 
claims  to  agricultural  lands'  or  claims  to  min- 
ing property,  that  there  is  a  necessity  of  em- 
ploying words,  the  meaning  of  which  cannot  be 
mistaken.  How  often  has  it  happened,  both  in 
this  and  in  the  former  Convention,  that  gentle- 
men have  in.«isted — and  very  properly — on  in- 
corporating words,  and  sometimes  only  a  single 
word,  in  order  to  show  clearly  what  was  intended. 
But  here,  on  the  contrary,  seems  to  be  a  studied 
efiFort  to  use  language  that  shall  mystify  and 
deceive.  Already,  even  here  within  our  own 
walls,  we  find  a  conflict  of  opinion  as  to  what 
we  really  do  mean  by  the  langu;ige  we  employ. 
Is  that  right?  Is  i't  just  to"  those  who  have 
sent  us  here  to  frame  an  organic  law.  or  will  it 
be  of  any  advantage  to  them,  to  introduce  words 
which  we  ourselves  admit  to  be  susceptible  of 
more  than  one  construction  ?  No,  sir  ;  whilst 
I  have  the  honor  to  represent  a  constituencv, 
uppn  this  floor  or  elsewhere.  I  shall  make  it  niy 
object  not  to  incorporate  in  any  leg  slation. 
nor  in  this  instrument  which  we  are  engaged 
in  framing,  any  language,  by  the  use  of  which, 
any  mistake  can  arise  as  to  the  meaning  in- 
tended to  be  conveyed.  I  cannot  consent  to 
adopt  any  phraseology  here,  in  regard  to  which 
there  can  be  any  necessity  to  resort  to  prece- 
dent, or  to  the  legislation  of  other  States,  in 
order  to  ascertain  what  has  been  the  intention 
of  the  Convention. 

Now.  we  are  told  that  in  future  Legislatures, 
men  would  attempt  to  escape  the  binding  force 
of  their  oaths  with  the  same  readiness,  under  the 
amendment  I  have  proposed,  as  they  would  if 
we  were  to  use  the  identical  language  employed 
in  the  Constitution  of  California.  But  the  po- 
sition I  took  on  that  subject  was  this :  that 
where  there  has  been  a  precedent  afforded, 
judges  and  legislators  will  resort  to  that  pre- 
cedent, and  according  to  a  clear  and  well 
known  rule  of  interpretation,  if  we  adopt  in 
the  organic  law  of  this  State  a  provision  which 
is  copied  from  the  Constitution  of  another  State, 
wherein  a  construction  has  been  given  to  that 
provision,  by  the  mutual  action  of  the  legisla- 
tive and  judicial  departments,  we,  at  the  same 
time,  adopt  the  con-struction  which  has  been 
given  to  that  provision.  Therefore,  if  we  use 
the  language  of  the  California  Constitution, 
the  Legislature  of  that  State  having  for  four- 
teen years,  by  its  formal  action,  exempted 
mines  from  taxation,  why.  sir.  we  shall  have 
adopted  the  construction  that  they  have  there- 
by given  to  that  provision,  and  our  Legislature 
would  be  justified  in  assuming  that  when  we 
adopted  this  provision  of  the  Constitution,  we 
recognized  also  the  interpretation  given  to  it 
by  that  Legislature.  It  is  to  avoid  this  conse- 
quence, and  to  place  words  there  which  .«hall 
clearly  embrace  everything  that  should  lie  sub- 
ject to  taxation,  that  I  ofler  this  amendment. 


324 


TAXATION. 


[lOth  day 


Thursday,] 


Fitch — Johnson— Collins— DeLong — McClintox. 


[July  14. 


I  do  hope  that  geutlemcn  will,  by  some  defi- 
nite mode  of  expression,  take  the  position 
either  that  we  shall  or  shall  not  tax  the  mines, 
and  not  adopt  a  proposition  upon  which  they 
can  unite,  acting  upon  altogether  diHerent  and 
opposite  motives,  on  the  one  hand,  holding  that 
the  mines  can,  and  on  the  other,  that  they  can- 
not esc;ipe  taxation  under  such  a  provision. 
It  ninst  be  apparent  that  if  we  leave  the  section 
as  it  is  proposed  to  be  left  by  the  gentleman 
from  Storey,  (Mr.  Tozer,)  that  would  be  the 
effect,  and  our  fundamental  law  ought  not  to 
be  left  in  any  such  condition  of  doubt  and 
uncertainty. 

Mr.  FlfCH.  I  have  reduced  the  question 
which  I  desired  to  ask  to  writing,  as  I  find 
the  geutlemau  has  nearly  forgotten  it.  This  is 
tiie  question  :  Do  you  believe,  or  do  you  not 
believe,  that  uuder  Article  X,  as  it  is  in  the 
old  Constitution,  with  the  words,  "  including 
mines  and  mining  property,"  stricken  out,  the 
Legislature  would  have  the  right  to  tax  the 
mines  ? 

Mr.  JOHNSON.  I  answer  frankly,  that  prior 
to  the  passage  of  the  Enalding  Act  by  Congress, 
I  would  have  said  there  was  no  douljt  about  it. 
But  if  it  is  property  which  belongs  to  the  Fed- 
eral Government,  the  fee  being  in  the  Federal 
Government,  I  do  not  think  the  section  would 
be  -sufficient  to  embrace  mining  property.  I 
am  free  to  say  that  the  language  in  the  En- 
abling Act  does,  in  that  respect,  change  the 
merits  of  the  case.  And,  in  that  respect,  this 
question  occupies  a  different  position  from  the 
last  Convention,  as  the  Enabling  x\.ct  was  passed 
since  the  session  of  that  Convention,  and  our 
action  here  must  be  in  conformity  with  that 
Enabling  Act.  But  it  is  a  proposition  unan- 
imously upheld  by  the  courts  of  new  States, 
that  whilst  those  States  are  inhibited  from  ac- 
tion atfecting  the  property  itself,  belonging  to 
Government,  which  means  the  fee  title,  yet  it 
is  competent  for  the  Legislature  to  tax  the  pos- 
sessory right,  or  claim  of  the  individual,  to  the 
extent  of  all  that  right  or  claim  is  worth,  be  it 
much  or  little — of  great  or  of  trifling  value. 
Whatever  that  right  is  worth — whatever  may 
be  the  value  of  tlie  claim — it  is  within  the  pow- 
er of  the  State  to  tax  it,  and  with  the  adoption 
of  language  in  the  organic  law  expressive  of 
such  meaning,  it  is  within  the  power  of  our 
Legislature  to  sulject  that  possessory  right  to 
taxation.  On  the  other  hund,  1  do  not  believe — 
I  say  it  in  ail  sincerity— that,  with  that  lan- 
guage in  the  Con-litution,  as  it  is  proposed  to 
be  left  by  the  amendment  of  the  geutlemau 
from  Storey,  a  single  foot  of  the  possessory 
rights,  or  claims  to  either  the  agricultural  or 
mineral  lands  of  the  State,  could  be  made 
subject  to  assessment  or  taxation  for  any  pur- 
jjosi-  whatsoever. 

Mr.  COLLINS.  I  am  here  as  a  reprcsent- 
ati\e  of  a  mining  section  of  the  Territory; 
but  while  I  am  here,  thus  representing  that 
mining  section,  and  am  bound  to  defend  and 
protect  its  rights,  I  am  not  here  to  aid  in  do- 


ing injustice  to  a  section  which  is  not  a  mining 
section.  I  conceive  that  in  one  sense — and  a 
just  sense — I  am  a  representative  here  of  the 
interests  of  this  whole  Territory,  as  well  as  a 
representative  of  Storey  County  ;  and  I  do  not 
want  the  particular  or  local  interests  of  my 
constituents  so  to  press  upon  me  as  to  compel 
me  to  feel  that  I  have  a  right  to  do  injustice  to 
any  other  section  of  this  Territory. 

With  these  preliminary  remarks,  allow  me  to 
state  the  position  which  I  occupy  in  relation 
to  my  constituents  upon  this  question  of  min- 
ing taxation.  Last  year,  in  this  hall,  in  the 
Convention  whicli  was  called  by  the  Legisla- 
ture of  the  Territory,  this  question  was  most 
fully,  ably,  and  elaborately  discussed.  The 
delegates  from  Storey  County  were  divided 
upon  that  question,  but  I  think  a  majority  of 
ihose  delegates,  if  my  memory  correctly  serves 
me,  voted  for  taxing  the  mines,  according  to 
this  provision  of  Article  X,  Section  1,  as  it 
stands  in  the  old  Constitution.  Both  the  news- 
papers in  Virginia  City  then  advocated  the  tax- 
ing of  the  mines.  Now,  I  have  yet  to  learn 
that  any  body  of  men  gathered  together  in 
Storey  County,  have  given  any  instructions  to 
her  representatives  on  that  suliject,  and  in  the 
absence  of  such  instructions,  I  feel  that  the 
voters  of  Storey  County  still  regard  it  as  an 
open  question  for  each  man  to  decide  accord- 
ing to  the  dictates  of  his  conscience,  and  his 
own  best  judgment. 

I  want  to  correct  a  mistake  made  by  my  elo- 
quent and  earnest  friend  and  colleague,  (Mr. 
UeLong).  It  is  this:  He  tells  us  that  the  old 
Constitution  was  buried  under  the  feet  of  the 
indignant  voters  of  this  Territory,  last  year,  in 
consequence  of  its  taxing  the  mines.  I  think 
that  gentleman,  by  reviewing  the  facts  of  the 
case,  will  come  to  a  different  conclusion.  Take 
Washoe  County,  for  instance,  whose  interests 
from  A  to  Z  are  such  as  would  be  promoted  by 
taxing  the  mines,  and  1  ask  if  that  county  did 
not  give  an  almost  unanimous  vote  against  the 
Constitution  ? 

Mr.  DeLONG,  They  had  local  causes  which 
controlled  the  vote.  I  spoke  only  of  the 
miners. 

Mr.  COLLINS.  So  far  as  I  was  able— for  I 
was  suffering  in  consequence  of  a  long  and  se- 
vere illness — to  gather  the  opinions  of  the  peo- 
ple at  that  time,  I  came  to  the  conclusion  that 
if  it  had  not  been  for  certain  circumstances, 
which  are  well  known,  as  for  example,  that  men 
desired  to  lay  unholy  hands  upon  the  ship  of 
Slate,  before  it  was  launched,  for  the  benelit  of 
individuals,  the  opposition  of  every  county,  ex- 
cept perhaps  that  of  Humboldt  County,  could 
have  been  overcome,  and  the  vote  would  not 
have  been  against  the  adoption  of  the  Consti- 
tution. 

Mr.  McCLINTON.  Allow  me  to  make  an 
explanation,  right  there.  The  vote  of  Esmer- 
alda County  was  almost  solely  and  entirely 
given  against  the  Constitution,  because  of  that 
mining  clause,  as  it  was  called. 


10th  day.] 


TAXATION. 


325 


Thursday,] 


Collins. 


[July  14. 


COL.  CRADLEBAUGH. 

The  CHAIRMAN.  Will  the  gentleman  sus- 
pend a  moment?  I  see  that  Colonel  Cradle- 
bau^h  is  present,  and  he  is  invited  to  a  seat 
inside  the  bar.     [Applause.] 

Col.  Ckadlebaugh  came  forward  and  took  a 
seat  within  the  bar. 

TAXATION — AGAIN. 

Mr.  COLLINS.  To  a  certain  extent.  I  ac- 
cept the  suggestion  of  the  gentleman  from  Es- 
meralda, but  I  do  not  think  it  accounts  entirely 
for  the  vote  against  the  Constitution.  The 
people  interested  in  mining,  and  in  the  various 
interests  connected  with  that  pursuit,  may  have 
been  unwilling  to  support  the  mining  clause, 
but  even  in  Esmeralda  County,  I  have  no  doubt 
they  took  the  same  ground  against  the  Consti- 
tution as  they  did  in  other  counties,  and  gen- 
tlemen will  bear  in  mind,  that  when  the  people 
had  once  resolved  that  the  Constitution  should 
not  be  adopted,  they  naturally  brought  to  bear 
every  possible  argument,  and  they  found  tbat 
mining  clause  to  be  a  very  strong  and  efficient 
one.  And  I  repeat  that,  but  for  certain  politi- 
cal transactions — and  I  refer  especially  to  the 
efforts  made  to  introduce  a  certain  set  of  dele- 
gates into  the  State  Convention  here — there 
would  not  have  been  much  opposition  to  the 
Constitution,  on  account  of  that  mining  clause. 
I  speak  on  that  subject  advisedly.  I  admit  that 
a  great  deal  was  said — and  very  ingeniously 
said,  too — against  the  policy  of  taxing  a  hole 
in  the  ground,  and  bed-rock  tunnels,  and  all 
that,  and  about  legislating  against  the -'poor 
miner,"  by  the  men  who  claimed  to  represent 
the  "poor  miner,"  particularly  ;  but  that  "  poor 
miner''  was  a  humbug  and  a  myth.  He  has 
been  aptly  pictured  as  holding  in  one  hand  a 
number  of  shares  of  Gould  &  Curry  stock,  a 
like  amount  of  Ophir  stock  in  the  other  hand, 
and  a  quantity  of  Savage  stock  protruding 
from  his  pocket  behind ;  with  rotund  belly  and 
hawk  nose,  and  dre«sed  like  a  regular  San 
Francisco  "  Cent-per-Cent."  That  is  the  "poor 
miner,"  who  was  talked  about  so  much.  [Mer- 
riment.] The  truth  is,  that  the  miners  who  are 
proposed  to  be  protected  in  this  way,  are  those 
men  who  never  had  any  interest  in  our  commu- 
nity— men  who  do  not  live  here,  at  all.  Now, 
I  should  be  willing  to  do  anything  to  aid  the 
laboring  classes — anything  to  aid  that  class  of 
poor  men  which  my  honorable  friend  from 
Storey,  Mr,  William  M.  Stewart,  so  eloquently 
depicted  in  the  last  Convention,  men  whose 
hopes,  he  said,  were  about  to  be  taxed.  I 
would  like,  if  possible,  to  exempt  the  poorer 
classes  of  the  community — those  who  are  delv- 
ing in  the  mines,  and  trying  to  strike  some- 
thing valuable,  and  who  yet,  nine  cases  out  of 
ten,  never  find  anything  but  disappointment — 
those  who  are  always,  as  they  think,  nearing 
the  golden  treasure,  though  it  seems  to  recede, 
as  they  approach,  I  would  like,  I  say,  that 
that  poor  class  of  men   should  be  exempted 


from  taxation,  if  it  were  possible.  But  I  did 
not  think  then  that  the  people  whom  I  repre- 
sented were  disposed  to  rest  on  the  small 
amount  of  surface  property  we  had,  relying 
upon  that  alone  to  carrry  on  our  State  Govern- 
ment, and  I  do  not  believe  it,  to-day.  I  be- 
lieve that  if  the  vote  were  to  be  taken  to-day, 
by  the  owners  of  mines  in  Storey  County,  they 
would  say  :  "  Deal  justly  by  every  man,  and  do 
not  exempt  any  one.  Do  not  pursue  a  course 
which  will  have  a  tendency  to  drive  away  the 
surface  property  which  exists  in  our  cities." 
Do  not  let  us  drive  that  property  away  by  at- 
tempting to  carry  on  the  Government  at  the 
expense  of  only  those  smaller  interests  of  the 
Territory.  I  have  more  faith  than  that  in  the 
honor,  in  the  dignity,  in  the  integrity,  and  in 
the  sense  of  justice  of  the  miners  whom  I  rep- 
resent. 

It  has  been  said  here  by  some  gentlemen, 
that  they  are  willing  to  tax  the  proceeds  of  the 
mines.  Now,  if  we  were  to  tax  only  the  pro- 
ceeds, how  unjust  that  would  be !  Here  is  a 
man,  for  instance,  who  is  paying  out  perhaps 
five  dollars  for  every  dollar  extracted  from  his 
mine — ^and  gentlemen  well  know  there  are 
plenty  of  our  mines,  every  dollar  taken  from 
which  costs  not  less  than  two  dollars,  or  two 
dollars  and  a  half— would  not  such  a  provision 
operate  very  injuriously  upon  mines  of  that  kind  ? 
And  why  should  we  tax  only  the  proceeds  of  the 
mines,  while  we  tax  the  surface  property,  also? 
Here  is  my  friend  from  Washoe,  (Mr.  Stnrte- 
vant,)  with  his  farm.  The  assessor  comes  along 
and  asks  the  value  of  that  farm,  and  he  gives 
it  and  urges  no  excuse  that  it  is  United  States 
property,  although  it  is  no  less  the  property  of 
the  United  States  than  the  mines  are,  in  Storey, 
Esmeralda,  Humboldt,  or  any  other  county  in 
the  Territ  ry.  The  farm  is  assessed  upon  its 
value.  Then  the  assessor  asks  him  the  value  of 
his  personal  property — of  his  hay  in  the  barn — 
of  his  oats  and  barley  in  the  ricks — his  cattle 
in  the  fields — his  horses  and  mules,  and  sheep 
upon  the  plains — and  all  those  are  assessed, 
also,  and  my  friend  comes  up  and  pays  his 
taxes  upon  them.  Now,  I  ask  those  members 
who  profess  to  represent  the  mining  interest, 
if  they  believe  that  that  is  just  ? 

I  represent  the  interest  of  my  constituents, 
not  only  those  aljove  ground,  but  of  those  be- 
neath the  ground,  also  ;  and  let  the  conse- 
quences be  wliat  they  may,  I  will  not  consent 
to  do  that  which  I  regard  as  injustice  to  any 
class  of  men.  I  think  if  the  mines  are  taxed, 
justly  and  properly — and  it  is  not  for  me  to 
say,  perhaps,  what  is  just  or  what  is  proper  in 
that  respect — and  they  are  exempted  from  the 
taxation  of  the  proceeds,  the  miners  ought  to 
regard  themselves  as  exccedinglj^  for  unate. 
For  the  proceeds  of  some  mines  would  be,  per- 
haps, more  than  equal  to  the  value  of  the  mine 
itself. 

Then,  again  :  this  tax  is  not  going  to  operate 
so  very  severely  upon  the  mines,  after  all. 
Last  year,  the  Gould  &  Curry  Company  gave 


326 


TAXATION. 


[10th  day« 


Thursday.] 


COLMNS. 


[July  14. 


ia  as  the  amount  of  its  surface  property,  eleven 
hundred  thousand  dollars,  which  was  the 
amount  upon  which  they  were  assessed  upon 
the  list  by  tlie  County  Assessor,  and  upon 
which  amount  they  paid  one  dollar  and  seventy 
cents  ou  each  one  hundred  dollars.  And  a 
lar.ue  amount  of  that  property  was  situattd 
within  the  corporate  limits  of  the  city  of  Vir- 
ginia, and  upon  that  was  paid  an  additional 
tax  of  one  pi-r  cent.  Now,  as  I  estimate  it,  last 
year,  when  Gould  &  Curry  was  worth  eighteen 
hundred  dollars  a  foot,  if  all  the  mines  in  the 
Territory  had  been  taxed,  as  such,  according  to 
their  value,  the  amount  of  taxable  property 
would  have  been  trebled  and  perhaps  quacl- 
ruijied.  and  the  Gould  it  Curry  mine  would  not 
have  paid  into  the  cuunty  treasury,  for  th 
benefit  of  the  countj^  and  into  the  Territorial 
treasury,  for  the  benefit  of  the  Territory,  as 
large  an  an^ouut  of  taxes  as  it  did  pay,  under 
the  operation  of  the  law  taxing  surface  prop- 
erty. When  you  come  to  assess  the  property 
of  the  mines  at  so  much  per  foot,  the  Gould  & 
CuriT.  having  so  much  property  in  superficial 
structures,  and  surface  prijperty,  would  not  pay 
an  amount  of  taxes  equal  to  what  it  paid  under 
the  old  system.  Now,  to  illustrate,  take  the 
case  of  the  man  with  a  little  cabin  and  a  hole 
in  the  ground,  who  has  been  so  much  talked 
of — the  man  who  is  running  a  tunm  1,  with 
nothing  aliead  but  his  hopes.  He  has  a  cal/ni 
worth  say  one  hundred  dollars,  and  one  hun- 
dred feet  in  an  undeveloped  claim,  worth  in  the 
market,  say  three  dollars  per  foot.  Now,  if 
the  surface  property  possesses  only  one-fourth 
the  value  of  the  mines,  it  follows  that  if  the 
surface  property  alone  is  to  be  taxed,  the  per- 
centage of  taxation  must  be  four  times  greater 
than  it  would  be  were  the  mines  included  for 
taxation.  Hence,  to  raise  a  given  amount  of 
revenue,  the  "poor  miner"  of  our  sympathetic 
friends,  would  pay  one  dollar  on  each  one  hun- 
dred dollars  on  his  cahin.  which  would  be  one 
dollar  ;  or  twenty-five  cents  on  each  one  hun- 
dred dollars,  including  his  mining  ground, 
which  wouhl  be  one  dollar.  It  therefore  re- 
solves itself  into  tliis  :  that  as  we  decrease  the 
range  of  ta.xalile  property,  we  must  necessarily 
in  ih^t  proportion  increase  the  rate  of  taxation 
upon  that  class  of  property  remaining  lialde 
to  assessment — in  a  word."  to  quadruple  the 
burdens  of  governnu'nt  upon  one  class,  in  or- 
der to  relieve  another  class  altogellier. 

I  would  like.  I  say  again,  if  it  could  possibly 
be  done,  in  adjusting  this  matter  so  as  to  make  it 
as  just  and  ('iiuai  all  around  as  possible,  to  .see 
8  une  means  devised,  some  wellniatured  plan 
adopted  whereby  tiiese  ••  poor  miners."  who  are 
struggling  to  strike  soiuetliing  of  value  -  it  may 
bewitli  ilie  chances  of  five  to  one  against  tliem. 
or  it  nniy  be  jjerhaps  even  with  the  chance  of 
only  one  out  of  ten— I  would  like.  I  say,  to  see 
some  phm  devised  ))y  which  that  class  of  men 
could  be  relieved  from  taxation.  IJut  I  do  not 
see  how  it  can  be  done,  and  I  ask  the  gentle- 
man from  Storey  County  (Mr.  DeLong,)  and  the 


gentleman  from  Esmeralda  County  (Mr,  Mc- 
Clinton.)  and  the  gentleman  from  Lander  County 
(Mr.  AVarwiek.)  all  of  whom  represent  mixed 
interests,  how  it  can  be  done  with  justice  ? 
And,  sir.  there  is  no  man  on  this  floor  who  has 
a  right  to  say  that  he  represents  the  mining  in- 
terests exclusively.  We  are  all  mixed  in  that 
respect.  I  represent  fifieen  millions,  according 
to  th(!  Assessor's  list  last  year,  of  surface  prop- 
erty, in  Storey  County  ;  and  therefore.  1  say, 
you  cannot  call  that  a  jiurely  mining  commu- 
nity, when  we  have  that  amount  of  surface 
property,  to  sustain  the  interests  of  the  county 
and  of  the  Territory.  I  ask  these  gentlemcm 
from  the  mining  counties,  therefore,  who  repre- 
sent mixed  interests,  before  they  cast  their  votes, 
or  give  their  voices  against  taxing  the  mines,  to 
ascertain  whether  they  are  not.  by  that  course, 
exacting  from  one  class,  unjustly,  and  giving  it 
to  another  class,  with  equal  injustice  ? 

Again,  there  are  now  on  the  printed  calendar 
of  the  District  Court  in  Storey  County,  nearly 
four  hundred  cases,  and  more  than  one-half  of 
those  cases  are  exclusively  mining  cases,  sev- 
enty-five of  which,  at  the  outside,  will  occupy 
three  times  as  much  of  the  time  of  the  court  as 
all  the  rest  put  together.  Now,  I  ask  those  who 
profess  to  represent  the  mining  interests — which 
is  really  a  mixed  interest,  however,  as  I  have 
shown — if  it  is  right  and  just  to  tax  the  owners 
of  the  surface  property  to  pay  all  the  expenses 
of  that  litigation,  when  it  is  keeping  their  own 
cases  out  of  court?  There  is  a  dark  shadow 
hanging  over  our  county,  and  I  think  also  over 
many  other  counties,  on  account  of  the  difficul- 
ties in  the  way  of  litigation.  Cases  cannot  be 
reached  on  the  dockets  of  our  courts,  probablj^, 
for  a  long  time  to  come.  There  are,  in  our 
county,  clouds  upon  the  titles  of  our  surface 
property,  and  also  upon  our  mines,  which,  on 
account  of  the  difficulties  in  the  way  of  litiga- 
tion, cannot  be  cleared  up.  Sir,  I  verily  be- 
lieve that  if,  by  the  fiat  of  the  Almighty,  those 
cases  could  be  reached  to-day,  and  cleared 
from  the  dockets  of  our  courts— if  those  clouds 
could  be  cleai'ed  up  ii'om  the  property,  both 
the  mining  and  surface  property  of  Storey 
County — that  county  would  be  worth  five  mil- 
lions of  dollars  more  than  it  is  to-day. 

I  think  we  should  be  frank  in  this  matter  ;  I 
think  we  should  be  manly  ;  I  think  we  should 
never  attempt,  unless  jierhaps  when  we  are 
dealing  with  treacherous  rebels,  to  "  whip  the 
devil  around  the  stump.''  Let  us  come  square 
up  to  the  work  and  meet  the  issue  before  us 
like  men.  This  is  one  of  the  most  important 
questions  which  can  possibly  agitate  this  Con- 
vention. We  are  about  to  launch  i'rom  the 
stocks  into  the  waters  of  experiment,  a  State 
(<overnment ;  and  there  is  a  powerful  opposi- 
tion to  that  State  Government.  That  opposi- 
tion has  already  begun  to  organize,  and  to  or- 
ganize, too,  before  men  really  know  whether 
the  Constitution  we  are  framing  is  to  be  a  good 
one  or  a  bad  one,  in  any  respect.  Theipiestion 
is:  how  can  this  State  Government  be  main- 


10th  day.] 


TAXATION. 


327 


Thursday,] 


Collins — Mason. 


[July  14. 


taiued  ?  I  verily  believe  that  if  an  assessment 
were  taken  of  all  the  surface  property  in  this 
Territory  to-day,  according  to  the  cash  value 
of  it,  as  suggested  in  the  substitute  proposed 
by  the  gentleman  ft-om  Ormsby,  (Mr.  Johnson,) 
the  assessment-rolls  would  not  swell  up  to  an 
aggregate  amount  exceeding  seventeen  mil- 
lions of  dollars.  Now,  I  ask  the  people  of  this 
State,  without  any  disposition  to  dodge  any 
question,  if  it  is  possible,  under  the  circum- 
stances, for  us  to  maintain  and  support  a  State 
Government  on  a  basis  for  taxation  of  less  than 
seventeen  millions  of  dollars?  If  it  cannot  be 
done,  then  the  Convention  should  look  the 
question  foirly  in  the  face,  and  endeavor  to  as- 
certain how  we  can  have  a  State  Government 
under  which  we  can  hope  to  escape  from  bank- 
ruptcy and  disgrace.  If  that  can  be  done,  then 
the  water  is  clear  ahead  ;  there  is  a  fair  course, 
and  no  breakers  on  the  lee.  I  ask  the  Conven- 
tion to  embrace  all  subjects  of  revenue,  and 
see  what  is  legitimately  subject  to  taxation,  and 
what  is  not — what  is  property,  and  what  is  not. 
Let  it  be  settled  here,  and  now,  and  not  be  left 
to  the  Legislature,  to  be  a  bone  of  contention 
in  every  Legislature  that  shall  assemble  here- 
after. Do  not  leave  it  in  such  a  way  that  it 
shall  be  an  open  question  for  all  future  time,  in 
every  successive  election  of  representatives  to 
the  State  Legislatui'e.  Do  not  leave  it  so  that 
this  question  shall  be  at  issue  constantly,  so 
that  the  one  class  of  men  who  want  to  escap(> 
taxation,  shall  press  into  their  service  all  who 
are  in  their  power,  suborning  all  the  voters  they 
can  ;  and  the  other  class,  in  favor  of  equal  tax- 
ation, stiall  be  driven  to  the  same  course;  so 
that  money  will  be  spent  and  squandered,  and 
bribery  practiced,  in  consequence  of  the  action 
of  this  Convention,  for  the  purpose  of  carrying 
one  side  or  the  other  of  this  issue.  Why  should 
we  leave  this  question  in  doubt  for  all  future 
time?  I  ask  if  that  is  wise  statesmanship,  and 
sound  legislation?  I  ask  if  it  is  in  accordance 
with  our  sense  of  justice  and  right  between  man 
and  man?  It  looks  to  me  rather  like  a  coward- 
ly ettbrt  to  escape  from  our  just  proportion  of 
the  Inirdens  of  society. 

Our  forefathers,  about  the  years  1774,  1775, 
and  177G,  became  terribly  excited,  and  I  think 
justly  so,  because  on  the  part  of  the  mother 
country  there  was  a  determination  manifested 
to  tax  the  colonies,  without  giving  them  the 
privilege  of  representation.  Now,  do  you  want 
to  introduce  here  a  system  equally  false,  by 
providing  that  there  shall  be  protection  of 
law  afforded  to  some,  without  support  of  law 
on  their  part?  Do  you  mean  to  say  that  a 
hole  in  the  ground  has  no  value,  and  then  say 
that  if  any  person  jumps  it,  you  will  allow  the 
owner  to  appeal  to  the  courts  to  protect  that 
hole  in  the  ground  ?  "  No  legal  protection,"  is 
my  doctrine,  '•  where  there  is  no  contribution 
to  sustain  legal  authority."  This  is  a  question, 
it  seems  to  me,  which  appeals  to  the  reason  and 
common  sense  of  the  Convention.  For  one,  I 
would  rather  that  my  right  hand  were  stricken 


from  my  side,  than  that  I  should  knowingly  be 
a  party  to  the  commission  of  an  act  of  injustice 
towards  any  man,  and  esjjeeially  towards  that 
great  class  of  the  community  whose  labors 
tend  to  cheapen  our  produce.  I  say, if  there 
is  anything  which  should  be  exempted,  it  should 
be  such  intei'ests  as  conspire  to  give  us  potatoes 
for  a  cent  and  a  half  instead"  of  five  or  ten 
cents  a  pound,  and  wheat  and  oats  and  beans 
at  less  than  one  quarter,  or  at  least,  less  than 
one  half  the  prices  they  would  command  but 
for  the  existence  of  those  interests.  It  is  by 
virtue  of  future  competition  that  our  mines  are 
to  be  worked  hereafter  at  a  cheap  rate  ;  and 
just  in  proportion  as  you  cheapen  production, 
just  in  that  proportion  will  the  mines  rise  in 
value. 

Now,  I  had  the  honor  to  address  the  Conven- 
tion the  other  day  in  favor  of  aiding  the  Paci- 
fic Railroad ;  and  one  of  the  strongest  argu- 
ments I  could  urge  in  behalf  of  that  great  en- 
terprise was,  that  it  would  l)ring  into  play  hun- 
dreds and  millions  of  tons  of  quartz  that  are 
now  worthless,  and  worse  than  dead  on  the 
hands  of  the  miners,  because  they  are  in  the 
way — that  it  was  going  to  open  up  new  fields 
of  productive  mines  to  the  mining  class,  and 
give  employment  to  thousands  and  tens  of  thous- 
ands of  laboriug  men.  Now,  do  you  say  that  it 
would  be  unjust  to  tax  the  mining  interest  to 
pay  the  interest  on  those  railroad  bonds? 
Would  you  exact  it  all  from  the  farmers  whose 
property,  to  a  certain  extent  at  least,  is  to  be 
depreciated  by  the  railroad  ?  Would  you  exact 
it  from  the  farmer  and  give  it  to  the  miner, 
whose  interest  is  to  be  augmented  by  the  rail- 
road? Would  that  be  right  and  just?  Would 
it  be  acting  as  one  man  would  have  another 
man  act  towards  him?  I  feel,  while  standing 
before  this  Convention,  the  same  power  press- 
ing upon  me  to  do  justice  to  my  fellow-men, 
that  I  do  in  my  individual  capacity,  in  the  pri- 
vate walks  of  life,  and  I  hope  no  power  will 
ever  drive  me  from  that  path  which  has  been 
marked  out  for  me  to  jiursue. 

I  have  occupied  a  great  amount  of  time  al- 
ready on  this  question,  and  at  present  will  say 
no  more.  I  only  desire  that  every  member 
shall  act  as  though  he  himself  were  the  party 
in  interest.  The  only  way  liy  which  we  can 
hope  to  secure  an  efficient  State  Government, 
is  to  unite  as  one  body,  having  one  common 
interest,  and  one  common  destiny,  and  let  each 
one  of  us  do  everything  he  can  to  promote  the 
common  object,  for  the  support  of  that  State 
Government. 

Mr.  MASi  )N.  This  question  has  been  so  ex- 
tensively discTissed  that  I  have  got  about  into 
the  position  of  that  Dutch  Justice  of  rather 
dull  comprehension,  who  thought  he  could  de- 
cide the  case  after  hearing  one  side,  but  after 
hearing  the  other  side,  found  he  could  not  de- 
cide it  at  all.  There  has  been  a  doubt  express- 
ed as  to  whether  we  have  a  right  to  tax  the 
mines  at  all.  under  the  Enabling  Act,  and  it  has 
been  urged  that  if  the  farms  can  be  taxed  as 


328 


TAXATION. 


[10th  day, 


Thursday,] 


Stcktevaxt — Mason. 


[July  14. 


property,  then  the  mines  can  just  as  legally  be 
taxed  as  property,  under  the  Enabling  Act. 
That  act  says  that  the  property  of  the  United 
Stiites  shall  not  be  taxed,  and  therefore,  by 
incorporating  this  Article  X,  as  it  is  now  print- 
ed into  our  Constitution,  we  should  be  adopt- 
ing only  a  nullity  and  a  dead  letter,  under  our 
Enabling  Act.  I  hope  therefore  that  the  amend- 
ment as  introduced  l)y  the  gentleman  from  Sto- 
rey (Mr.  Tozer)  will  prevail.  I  consider  that 
it  IS  long  enough  and  broad  enough  to  cover 
the  whole  ground,  and  I  do  not  want  the  shafts 
and  bolts  of  malice  to  be  thrown  at  that  class 
of  peo])le  whom  I  represent  especially  and  par- 
ticularly. Now,  my  friends  from  the  "  cow- 
counties."'  as  they  are  called,  would  not  like  to 
Lave  those  words  expunged,  and  the  words 
'•  including  farms  and  farming  property "  in- 
serted. 

.Mr.  STURTEVANT.  I  should  have  no  ob- 
jection at  all  to  using  those  words. 

Mr.  iIA80N.  I  say  they  would  not  like  to 
have  the  words  "  mines  and  mining  property  " 
expunged  and  another  clause  substituted,  to 
wit :  ••  farms  and  farming  property." 

Mr.  STURTEVANT.  1  should  have  no  ob- 
jecion  to  specifying  both — none  whatever. 

Mr.  ^lASON.  Then,  of  course,  the  gentle- 
man will  vote  for  the  amendment  of  the  gentle- 
man tVom  Storey  (Mr.  Tozer.)  I  am  satisfied 
he  will,  and  I  am  much  obliged  for  the  expres- 
sion of  his  sentiments.  Now,  the  way  that  sec- 
tion reads  as  he  proposes  to  amend  it,  I  think 
no  man  at  all  conversant  with  the  subject  will 
deny  that  it  covers  the  whole  ground.   It  says : — 

Section  1.  The  Legislature  shall  provide  by  law 
for  a  uniform  and  equal  rate  of  taxation,  and  .'^Iiail  pre- 
scribe such  regulations  as  shall  secure  a  just  valuation 
for  taxation  of  all  i^roxjerty,  both  real  and  personal, 
excepting  such  properly  only  as  may  be  exemjited  by 
law  for  luuniripal,  educational,  literary,  scieutific,  re- 
ligious, or  charitable  purposes. 

Now,  I  consider  that  that  covers  the  whole 
ground,  and  your  Constitution  will  then  go  be- 
fore the  miners,  and  ))efore  the  people  of  the 
Territiu'v.  without  any  odious  distinction — with- 
out alfording  any  opportunity  for  any  class  of 
persons  to  say  that  this  Convention  took  par- 
ticular pains  to  throw  their  bolts  of  wrath  at 
them.  We,  the  miners,  have  as  good  a  right  to 
be  considered  as  the  head  and  front  of  this 
Territory  as  the  farmer-;  themselves  have. 
Look  at  the  argunu'uts  they  use,  sir.  Who  de- 
veloped the  resources  of  the  country?  What 
were  the  farms  of  the  Carson  and  Washoe  val- 
leys worth  until  the  miners  developed  their 
claims  ami  built  up  a  State  in  five  years ;  a 
thing  unparalleled  in  the  history  of  the  world? 
Is  there  any  taxable  pro])crty  in  this  State  out- 
side of  the  mines?  Do  the  mines  of  Esmeralda 
produce  no  property  out.side  of  the  mines  them- 
selves ?  Yes,  sir.  And  is  not  that  property  a 
source  of  revenue?  Why,  sir,  seven-eighths 
of  our  taxable  jiroperty  at  the  jjresent  turn',  is 
ill  connection  with  the  niines.  and  in  the  capi- 
tal employed  in  their  development.  Sir,  it  is 
impo.ssible  for  the  most  fervid  imagination  to 


conceive  the  vast  amount  of  wealth  existing  in 
this  Territory.  Go  into  the  counties  of  Nye 
and  Lander  and  Humboldt.  Why,  sir,  you  find 
your  Ophir  and  your  other  mines  in  Virginia, 
would  be  looked  upon  there  as  insignificant,  in 
comparison  with  the  vast  amount  of  wealth  ex- 
isting in  those  regions  of  the  Territory.  Take 
it  from  Amador  eastward — the  coast  is  clear,  I 
believe,  though  the  gentleman  Irom  Amador 
(Mr.  Warwick)  is  somewhere  in  the  house — 
there  is  Austin,  and  Big  Creek,  and  lone,  and 
Union  District,  and  Lamartiue  District,  and 
Kentucky,  and  San  Antonio,  and  all  those  dis- 
tricts, which  will  vie.  I  believe,  with  Virginia 
in  the  course  of  the  next  five  years. 

I  have  said  that  I  do  not  profess  to  be  a 
prophet,  but  I  have  a  perfect  right  to  prophesy, 
nevertheless,  and  I  say  that  in  five  years  from 
now,  when  the  disturbances  which  now  agitate 
the  public  mind  shall  have  ceased,  when  peace 
with  her  halcyon  beams  shall  be  restored  to 
bless  us,  when  we  shall  have  become  a  part  of 
the  great  Federal  compact,  when'  the  currency 
of  the  United  States  shall  be  the  capital  em- 
ployed in  our  midst,  and  shall  be  equally  as 
valuable  here  as  it  is  in  the  East,  when  we  do 
not  set  up  as  a  standard  of  value  that  which  is 
only  an  article  of  speculation  in  the  eastern 
portion  of  the  United  States,  when  we  shall 
have  a  National  currency  as  a  basis,  when  we 
can  speculate  because  we  shall  have  the  article 
among  us  to  speculate  upon — I  say,  when  that 
time  shall  come,  the  history  of  the  world  has 
never  produced,  and  can  never  produce,  a  par- 
allel to  the  wealth  which  this  Territory  will  be 
in  possession  of. 

Now,  sir,  I  maintain  that  those  who  develop 
the  rich  mines  of  this  Territory,  are  entitled  to 
equal  consideration  with  the  farmers,  who  be- 
come rich  on  the  products  raised  from  the  soil 
and  exchanged  for  the  bullion  of  the  miners. 
I  know  our  interests  are  identical.  I  heartily 
concur  with  the  gentleman  from  Storey  (Mr. 
Collins)  that  we  are  not  independent  of  each 
other,  but  must  work  together  harmoniously, 
for  the  promotion  of  each  others'  good.  We 
want  your  potatoes  and  cabbages,  and  you 
want  our  bullion  ;  and  although  we  frown  a 
little  at  the  prices  we  have  to  pay  for  your 
cabbages,  yet  you  smile  when  yott  receive  and 
pocket  the  compensation.  But  do  not  in  yotir 
hearts  hold  wrath  towards  us.  Be  generous. 
Place  us  on  an  equality  with  yourselves  ;  that 
is  all  we  ask.  Leave  it  to  the  Legislature  to 
say  how  all  property,  both  real  and  personal, 
shall  be  taxed  equally.  But  you  want  to  in- 
corporate a  clause  here  designed  for  the  miners 
particularly.  I  tell  you  if  you  do  that,  they 
will  look  upon  this  instrument,  when  it  shall  be 
presented  to  them,  as  the  illegitimate  offspring 
of  a  corrupt  political  body,  and  a  miscarriage 
at  that.  It  will  be  one  of  those  peculiar  cases 
of  miscarriage,  too,  that  always  produces  death 
to  the  body  suffering  it. 

Now,  sir,  I  am  anxious  that  Nevada  shall  be 
a  State.    I  am  anxious  that  she  shall  be  one  of 


10th  day.] 


TAXATION. 


329 


Thursday.] 


NouRSE — Johnson. 


[July  14. 


the  stars  in  that  grand  Confederation  of  ours. 
I  am  satisfied  that  this  Union  will  be  reestab- 
lished, though  the  Carolinas  should  become  a 
forest  of  creaking  gibbets,  though  vultures 
should  gorge  themselves  upon  the  hanging  skel- 
etons of  traitors,  and  though  smoke  and  cin- 
ders should  cloud  the  skies  of  the  once  sunny 
South.  I  say  it  were  even  better  that  seven 
millions  of  tyrants  should  be  ground  under  the 
chariot-wheels  of  conquering  freedom,  than 
that  succeeding  generations  should  be  placed 
within  the  grasp  of  despotism.  [Applause.] 
And  we  will  be  the  golden  star  of  that  Confeder- 
acy. We  have  the  gold — all  we  want  of  it.  If 
we  had  the  Pacific  Railroad  now — if  this  war 
should  cease — with  the  capital  of  the  eastern 
States,  which  is  there  in  aVnmdance,  to  develop 
our  vast  resources — why,  sir,  we  would  rise 
higher  in  the  estimation  of  the  world  than  it  is 
possible  for  the  most  exalted  imagination  to 
conceive.  Now,  I  hope  and  trust  that  the  pro- 
posed expunging  of  those  few  words,  in  accord- 
ance with  the  amendment  of  my  friend  from 
Storey.  (Mr.  Tozer,)  will  prevail.  It  will  settle 
the  whole  matter  satisfactorily  to  the  miners. 
They  will  see  that  they  are  not  to  be  the  exclu- 
sive objects  of  indignation  and  wrath,  and  I  tell 
you  we  will  pay  just  as  big  prices  for  your  pota- 
toes and  cabbages  as  we  can  aftbrd. 

Mr.  NOURSE.  I  wish  to  state  a  few  reasons 
why  I  am  not  satisfied  with  the  section  as  it 
would  stand  after  striking  out  the  words,  '•  mines 
and  mining  propert}\''  It  would  then  leave  it 
to  read  that  all  property,  I'eal  and  personal, 
should  be  taxed.  That  is  all  right.  But  the 
point  has  been  well  made  that,  under  a  similar 
provision  in  the  California  Constitution,  mines 
are  not  taxed  in  that  State  ;  that  the  Calllurnia 
Legislature,  through  a  series  of  years,  has  reso- 
lut(;ly  refused  to  tax  them.  The  gentleman  on 
my  right  from  Storey  (Mr.  DeLong)  has  main- 
tained, as  a  lawyer,  that  under  that  wording, 
the  Legislatui'e  need  not — and  I  presume  he 
means  they  cannot — tax  the  mines.  Now,  it  is 
of  no  consequence  that  the  President  of  the 
Convention  thinks  otherwise — an  opinion  which 
the  gentleman  from  Storey  (Mr.  Fitch)  drew 
fi'om  him  with  so  much  art  and  with  such  an  air 
of  triumph.  That  is  the  very  point,  the  very 
objection  to  the  section  as  it  will  be  left,  that 
while  the  gentleman  from  Ormsby  (Mr.  John- 
son) thinks  that  under  it,  the  mines  may  be 
taxed,  the  gentleman  from  Storey  (Mr.  DeLong) 
thinks  that  under  it,  the  mines  may  not  be 
taxed. 

Mr.  JOHNSON.  I  think  I  have  enunciated 
distinctly  the  proposition  that  under  this  En- 
abling Act,  the  Legislature  would  not  have 
the  power  to  tax  the  mines,  as  the  property 
of  the  Federal  Government,  but  that  in  the 
former  Convention,  before  the  Enabling  Act 
was  passed,  I  felt  satisfied  they  had  that  power. 
Since  the  passage  of  the  Enabling  Act,  how- 
ever, containing  inhibitory  language,  I  do  not 
think  they  could  do  it. 

Mr.  NOURSE.     Then  my  point  is  stronger 


still,  for  gentlemen  on  both  sides  think  that  un- 
der .such  a  provision,  the  mines  cannot  be  taxed. 
Now,  I  start  out  witli  the  proposition  that  if  the 
mines  cannot  be  taxed,  we  cannot  run  the  State 
Government.  The  snrti\ce  property  alone,  with 
any  reasonably  conceivable  increase,  cannot 
carry  it  on.  Now,  can  there  really  be  any  di- 
versity of  interests  between  the  mining  coun- 
ties and  the  so-called  "  cow  counties?  "  What, 
in  this  connection,  my  constituents  expect  from 
me,  I  do  not  know,  having  been  nominated 
without  my  knowledge  or  consent,  and  elected 
in  my  absence,  (and  they  came  very  near  de- 
feating me,)  but  I  consider  that  I  am  not  here 
to  advocate  only  their  peculiar  interests,  with- 
out regard  to  the  peculiar  rights  and  interests 
of  others  ;  but  I  am  here  as  a  member  of  a  Con- 
vention to  form  a  Constitution  for  the  whole 
State,  and  to  do  that  which  will  be  really  just 
towards  all,  as  the  gentleman  from  Storey  (Mr. 
Collins)  has  stated  his  position  to  be.  Now, 
can  it  be  right,  simply  because  a  particular  in- 
terest is  dominant — simply  because  it  has  the 
most  wealth — that  it  should  be  exempted  from 
taxation?  Can  it  be  right,  because  the  mining 
interest  of  the  Territory  is  that  interest  without 
which  there  would  be  nothing  else,  perhaps,  in 
the  Territory,  that  therefore  that  interest  should 
be  exempt  fi'om  taxation  ?  Upon  the  same 
ground,  you  might  exempt  the  shipping  inter- 
est in  Maine,  the  commercial  interest  in  Massa- 
chusetts, or  the  farming  interest  in  the  western 
States.  We  know  that  the  farming  interest 
builds  up  cities,  just  as  the  mining  interest 
does  —  that  it  creates  property,  just  as  the 
commercial  interest  in  Massachusetts  creates 
property  ;  and  yet  those  interests  do  not  come 
forward  and  ask  for  exemption.  Theyrecog- 
nize  at  once  the  doctrine  that  they,  like  all 
others,  must  bear  their  share  of  the  burdens  of 
the  Government,  simply  because  they  receive 
their  full  share  of  the  benefits  of  the  Govern- 
ment. 

Now.  it  cannot  be  that  the  "  cow  counties  " 
are  to  be  helped  by  any  course  that  will  injure 
the  mines.  It  cannot  be  that  any  representa- 
tive of  the  agricultural  interests  desires,  for  the 
benefit  of  his  particular  county,  to  strike  a 
blow  at  the  prosperity  of  the  mines.  No  man 
can  be  so  foolish  as  that,  because  that  would  be 
striking  a  blow  at  the  market  for  his  products, 
and  thus  it  would  recoil  upon  himself  It  is 
not  because  the  representatives  of  the  agricul- 
tural interests  desire  to  set  up  independently 
for  themselves,  that  they  want  the  mines  taxed  ; 
but  because  they  want  even-handed  justice. 
They  want  a  course  pursued  by  which  it  will 
be  possible— for  it  will  be  hard  enough,  any 
how— to  carry  on  a  State  Government,  under 
the  Constitution  which  we  frame. 

Now,  if  this  clause  should  be  amended,  as 
proposed  to  be  amended  by  the  gentleman  from 
Storey,  (Mr.  Tozer,)  it  would  simply  provide  for 
taxing  real  and  personal  property.  These  min- 
ing claims  would  seem  to  be  included  in  that 
phrase,  "  real  and  personal  property,"  or  to  be 


330 


TAXATION. 


[10th  day,. 


Thursday,] 


Sturtevant — DeLong — Noukse. 


[July  14. 


neither  real  nor  personal  property.  But  careful 
conveyancers  have  used  the  terms,  "  real,  per- 
sonal.'and  mixed,"'  so  as  to  include  all  kinds  of 
property,  and  it  is  contended  thatmiding  claims 
are  simply  possessory  rights.  Now,1)y  the  amend- 
ment proposed  by  the  gentleman  from  Ormsby. 
(Mr.  Johnson.)  this  question  is  put  at  rest  for- 
ever in  our  organic  law.  which  would  be  left 
otherwise  still  open  and  undetermined,  so  that 
those  possessory  rights,  which  are  as  valuable 
as  any  other  rights  of  property,  shall  be  taxed. 
Ami  why  sliould  not  we  have  the  right  to  tax 
a  man  who  has  the  privilege  of  taking  out  ore? 
Why  not  tax  that  man  as  well  as  to  tax  a  toll- 
road  ?  The  man  who  builds  a  toll-road  to 
Lake  Talioe.  for  instance,  would  have  no  right 
to  sell  the  land  over  which  it  passes.  He  does 
not  own  the  property.  Yet,  who  doubts  the 
right  of  a  State  to  tax  that  toll-road  ?  What 
man  says  that  toll-roads  should  be  taxed  only 
on  their  net  proceeds?  But  why  not?  I  can 
see  no  more  reason  ibr  taxing  the  right  in  one 
case  than  in  the  other. 

Now,  sir,  the  argument  against  taxing  the 
mines  according  to  their  cash  value,  has  lost 
much  force,  even  to  the  unreflecting  portion  of 
the  community,  since  the  last  Constitution  was 
framed.  There  was  then  a  speculative  move- 
ment in  the  country,  which  has  now,  thank 
God.  gone  down.  It  was  an  argument  then  put 
forward,  that  it  would  not  do  to  tax  the  mines 
on  their  speculative  value,  because  that  would 
prevent  their  development.  I  think  there  is 
not  nuich  speculative  value  left  in  them  now. 
I  guess  they  have  got  to  the  bed-rock,  and  I 
think  there  is  not  much  danger  that  those  spec- 
ulative mines  will  be  taxed  at  a  higher  rate 
than  they  ought  to  be.  But  was  that  ever  a 
good  argument?  Was  it  a  good  one  last  year? 
Does  this  Territory  need  more  prospecting  ? 
Is  that  what  it  wants?  Does  it  need  that  pros- 
pecting shall  be  encouraged  l)y  exemption  from 
taxation?  Is  not  what  we  want,  rather,  the 
di'velopment  of  the  thousand  and  one  mines 
already  discovered?  Is  not  that  what  is  re- 
quired, rather  than  encouraging  the  '■  poor 
miner"  in  seeking  for  new  ledges,  when  we 
have  not  the  hundredth  part  of  the  capital 
necessary  to  work  the  ledges  which  have  been 
already  discovered? 

Now,  as  the  matter  stands  at  present,  there  is 
not  even  a  diversity  of  opinion,  for  gentlemen 
on  both  sides  believe  that  if  these  words  ••  miners 
and  milling  property"'  are  stricken  out,  the 
Legislature  would  have  no  ])ower  to  tax  the 
mines.  How  does  it  leave  us  then?  It  l(>aves 
us  with  only  the  surface  pro])erty.  upon  which 
to  carry  on  the  State  Government.  Now.  in 
addition  to  the  argument  of  the  gentleman  from 
Ornisljy,  (Mr.  Johnson,)  founded  on  the  En- 
aliling  Act— the  argument  which  satisfies  tin; 
gentleman  from  Storey,  (Mr.  DeLong.)  that  the 
mines  cannot  be  taxed  because  they  are  the 
luopiM'ty  of  the  Federal  Government— we  have 
till-  argumi-nt  to  be  presented  to  the  Legisla- 
tiinire,  and  to  the  courts,  that  this  Convenlion 


did  not  intend  to  tax  the  mines,  even  if  it  shall 
be  decided  by  the  Convention — and  possibly  it 
may  not  be  so  decided — to  omit  those  words. 
There  being  a  doubt  in  respect  to  the  language, 
and  reference  being  had  to  the  reported  Pro- 
ceedings of  the  Convention,  to  see  with  what 
view  the  language  employed  was  adopted,  it  is 
found  that  while  the  words  "mines  and  mining 
property  "  were  included  in  the  original  Con- 
stitution adopted  by  the  former  Convention 
and  taken  by  us  for  our  basis,  in  going  over 
the  work  of  that  former  Convention  and  fram- 
ing it  to  suit  ourselves,  we  have  struck  those 
words  out.  leaving  it  in  every  other  respect  the 
same  as  we  found  it.  Is  there  not  thereby  a 
strong  argument  afforded,  to  show  that  this 
Convention  intended  not  to  tax  the  mines?  So 
it  seems  to  me.  If,  therefore,  those  words  are 
not  stricken  out.  or  if  the  amendment  of  the 
gentleman  from  Ormsby  (Mr.  Johnson)  is  not 
adopted  instead,  we  are  surely  adopting  a  Con- 
stitution with  a  provision,  in  effect,  that  the 
mines  are  not  to  be  taxed.  That  conclusion 
seems  to  me  to  be  inevitable. 

Mr.  STURTEVANT.  There  is  one  point 
which  I  would  like  to  hear  explained,  and  that 
is,  the  term  •'  real  property."  Is  real  property 
a  perfect  title  ? 

Mr.  DeLONG.  It  is  immovable  property, 
xinything  which  you  cannot  move  around  with 
you  is  real  property  ;  it  is  something  which  is 
really  there. 

Mr.  NOURSE.  I  have  already  suggested  my 
views  upon  that  subject,  but  I  will  give  them 
more  fully.  The  mere  possessory  title  to  lands 
of  the  United  States,  considered  as  the  right  of 
possession,  is  not  real  property.  Our  courts 
recognize  it  as  evidence  ti'om  which  to  presume 
a  grant,  when  the  question  of  the  ownership  of 
the  United  States  is  not  raised  ;  but  considered 
in  its  true  light,  as  a  mere  right  of  possession, 
I  think  that  every  lawyer  will  agree  with  me 
that  it  is  nothing  more  than  a  chattel  real,  and 
is  not  real  property  at  all.  The  United  States 
Enabling  Act  prohibits  the  taxing  of  the  land, 
as  land,  or  as  the  land  of  the  United  States — 
and,  the  United  States  having  the  fee  in  it,  if 
that  question  is  raised,  in  a  tax  suit,  and  it  is 
shown  that  the  land  has  been  taxed  as  real 
projierty,  and  it  is  shown  also  that  the  fee  is  in 
tlie  United  States — I  think  all  lawyers  will  agree 
with  me  that  not  only  the  mines,  but  also  the 
farms  which  are  in  that  condition,  would  be 
exempt  from  taxation.  But  when  it  is  taxed 
as  the  right  to  possession  of  real  property, 
recognized  by  our  statutes  and  judicial  decis- 
ions, then  that  right  of  possession  to  real  prop- 
erty, of  which  the  United  States  owns  the  fee, 
is  taxal)le  as  much  as  any  other  description  of 
property.  Therefore  it  is,  that  I  favor  the 
amendment  of  the  gentleman  from  Ormsby, 
(Mr.  Johnson,)  which  provides  not  only  for  tax- 
ing real  ])ro])erty,  and  personal  j)roperty.  but 
also  tlie  property  which  jtartalves  of  the  nature 
of  lioth.  or  ••  mixed,"  as  it  is  sometimes  termed, 
like  chattels  real — the  possessory  rights  which 


10th  day.] 


TAXATION. 


331 


Thursday,] 


Warwick — Nourse. 


[July  14. 


are  so  familiar  to  us  all  here — those  rights  to 
the  ijossession  of  ledges,  farms,  and  all  that. 
It  is  provided  by  this  amendment,  that  they 
may  be  taxed  ;  whereas  the  amendment  of  the 
gentleman  from  Storey  (Mr.  Tozer)  makes  no 
such  provision.  Now,  it  seems  to  me  that  leav- 
ing this  clause  without  such  a  provision — with- 
out any  provision  for  taxing  this  property,  or 
these  rights  of  possession — is  going  to  deprive 
us  of  the  right  to  tax,  not  merely  our  mines, 
but  even  our  farms.  It  seems  to  me  that  il 
would  exclude  from  taxation  all  but  a  small 
fraction  of  the  lauds  in  our  State.  There  would 
perhaps  be  no  land  subject  to  taxation,  except 
that  lor  which  a  patent  has  been  issued  l^y  the 
United  States  Government,  so  that  taxes  can  be 
a.ssessed  upon  it.  Unless  the  amendment  of  the 
gentleman  from  Ormsby  shall  be  adopted,  it 
will  leave  us  with  scarcely  anything  in  the 
world  to  tax,  and  that  is  without  reference  to 
the  mines  at  all.  We  shall  have  no  taxable 
farms,  or  anything  else,  there  being  here  such 
a  large  class  of  property  consisting  merely  of 
possessory  rights.  I  do  earnestly  hope  that  the 
amendment  will  be  adopted,  so  that  all  this 
property,  of  whatever  description,  shall  be 
uniformly  and  equallv  taxed. 

:\Ir.  WAKWICK.  1  hope,  for  one,  Mr.  Chair- 
man, that  the  amendment  ottered  by  the  gen- 
tleman from  Ormsby  (Mr.  Johnson)  will  not 
carry.  There  is  probably  no  question  in  the 
administration  of  government  that  has  occupied 
the  attention  of  statesmen  so  much  as  the  very 
delicate  cpiestion  of  taxation.  That  the  gov- 
ernment must  be  supported,  is  a  self-apparent 
fact ;  and  that  means  must  be  provided  for  its 
support,  is  also  self-evident.  But  how  to  pro- 
vide those  means,  as  I  said  before,  has  been  a 
question  which  has  exercised  the  wisdom  of  the 
greatest  statesmen,  for  all  time  past.  In  the 
productions  of  every  country,  it  has  been  found 
absolutely  necessary,  in  some  cases,  to  discrim- 
inate— to  encourage  some  by  bounties  and 
benefits,  whilst  others  are  most  heavily  taxed. 
It  always  has  been  the  policy  of  the  United 
States,  that  those  things  which  are  articles  of  ne- 
cessity, or  the  production  of  which  is  extraordi- 
narily hazardous  or  difiBcult,  should  be  encour- 
aged by  extraordinary  bounties  :  while  other 
things,  easy  of  production,  are  considered  ca- 
pable of  bearing  a  heavj%  and  sometimes  an 
onerous  tax.  The  gentleman  from  Washoe 
(Mr.  Nourse)  alluded  to  the  State  of  Massachu- 
setts. Now,  if  he  is  cognizant  of  the  affairs  of 
that  State,  he  is  dotibtless  aware  of  the  fact 
that  large  bounties  are  paid  to  encourage  the 
fislieries  there.  Why  ?  Because  they  produce 
a  species  of  taxaVjle  property  from  the  deep,  a 
place  where  it  could  not  otherwise  be  taxed, 
but  when  produced,  it  becomes  a  legitimate 
subject  of  taxation.  That  is  the  very  point 
which  we  ought  here  especially  to  consider. 

Now,  the  gentleman  from  Washoe  rises,  as 
others  did  before  him.  and  speaks  as  if  the 
nnnes  were  not  taxed.  Sir,  they  are  taxed, 
from  the  first  pick  that  strikes  the  ground,  and 


the  powder  that  opens  the  rocky  seam,  to  the 
ore  after  its  production,  and  the  bar  when  it  is 
run  into  silver,  and  the  property  that  accumu- 
hites  from  that  basis.  There  is  not  one  article, 
from  the  moment  you  open  the  mine,  up  to  the 
moment  you  produce  the  ore,  and  to  the  time 
when  that  ore  is  distri))uted  to  the  four  winds 
by  its  owners,  but  it  is  taxed,  in  some  shape  or 
other.  The  question  that  divides  the  Conven- 
tion at  present  is,  the  policy  of  taxing  those 
mines,  and  of  taxing  them  too,  if  I  may  be  al- 
lowed to  use  the  expression,  in  their  crude 
state.  A  company  is  formed,  and,  upon  paper, 
their  capital  is  stated  to  be  one  million  of  dol- 
lars ;  are  they  to  be  taxed  on  that  amount? 
Now,  sir,  I  represent  a  mining  county,  and  I 
have  its  interests  very  closely  at  heart ;  the 
more  so,  perhaps,  for  the  reason  that  if  this 
])roposition  should  carry,  I  should  be  one  of 
the  victims  of  the  injustice  of  this  mode  of  tax- 
ation ;  and  I  will  briefly  tell  you  why.  With  a 
very  excellent  prospect  of  success,  in  company 
with  a  number  of  other  individuals,  on  the 
twentieth  day  of  last  December.  I  commenced 
running  a  tunnel  in  the  town  of  Amador.  I 
worked  my  mine  night  and  day  for  six  months — 
from  the  twentieth  day  of  December  to  the 
twenty-third  day  of  June — at  an  outlay  of  over 
twenty-two  thousand  dollars,  from  which  I  have 
never  yet  realized  a  return  of  one  cent.  The 
capital  of  the  company  is  represented  at  sev- 
eral hundred  thousand  dollars.  Now,  there 
may  come  a  time  when  that  claim  can  afford  to 
contribute  to  the  support  of  the  Government, 
and  then  it  will  be  a  legitimate  subject  of  tax- 
ation. But  what  would  be  the  result,  if  the 
project  encouraged  by  some  gentlemen  oji  this 
tioor  were  to  carry  ?  Why,  sir,  the  result  would 
be,  that  that  company,  disheartened  by  past  ill 
success,  instead  of  endeavoring  to  resuscitate, 
and  to  drive  on  their  work,  would  feel  them- 
selves crushed  to  the  earth  ;  and  then  what  be- 
comes of  your  taxable  property  ?  Suppose  you 
sell  us  out  under  the  hammer  of  the  sheriff, 
what  do  you  gain  by  it?  Why,  sir,  you  get 
nothing  birt  a  barren  rock.  If  you  were  to  sell 
us  out  to-day,  at  sheriff's  sale,  that  mine  itself, 
with  all  its  valuable  improvements,  costing 
twenty-two  thousand  dollars,  expended  in  the 
labor  of  six  months  past — the  whole  thing  to- 
gether, I  say,  upon  which  has  been  expended 
over  twenty  thousand  dollars,  would  not  bring 
five  hundred  dollars. 

Mr.  NOURSE.  Will  the  gentleman  allow  me 
Lo  ask  him  a  question  ?  I  know  of  two  quartz 
mills  in  Washoe  County,  which  are  nearly  done, 
but  are  not  yet  ready  to  earn  a  dollar ;  yet 
they  are  taxed  at  just  about  their  cost.  Now, 
is  it  any  harder  for  these  men  whom  the  gentle- 
man speaks  of,  to  be  taxed  on  their  mine  at  its 
cash  value,  prior  to  reaching  the  rich  rock, 
than  it  is  for  the  owner  of  these  quartz  mills  to 
be  taxed  on  them  prior  to  their  earning  any- 
thing ? 

Mr.  WARWICK.  Certainly  it  is,  and  I  will 
tell  you  why. 


332 


TAXATION. 


[10th  day. 


Thursday,] 


NouKSE — Warwick — Johnson. 


[July  14. 


Mr.  NOURSE.  I  would  like  to  have  you  tell 
me. 

Mr.  WARAVICK.  There  are  none  so  blind 
as  tho^e  who  will  not  see.  Now,  I  will  tell  you 
why  it  wtiuld  be  injustice  to  tax  a  mine  which 
is  yet  undevelopt'd.  although  you  can  at  the 
san'ie  time  tax  a  mill  which  is  nearly  finished, 
with  the  greatest  propriety.  We  will  suppose 
that  this  mill  could  be  completed  so  as  to  get 
to  work  iu  thirty  days.  Undoubtedly  a  mill- 
man  would  not  start  without  knowing  that  he 
can  get  a  sutHcient  amount  of  ore  to  crush,  for 
milling  is  conducted  now  on  the  same  kind  of 
business  calculations  as  the  transactions  of 
merchants,  and  though  they  are  not  always  suc- 
cessful, yet  when  they  are  well  conducted,  they 
are  generally  successful. 

Mr.  NOUKSE  [interrupting.]  Are  not  many 
mills  out  of  employment  now?  Are  they  not 
thri)\vu  out  of  emplovnient  for  want  of  ore? 

Mr.  WARWICK.  I  do  not  know.  As  to  first- 
class  mills — I  can  only  speak  for  Lander  County 
in  that  respect — there  is  not  one  mill  within 
the  i)recincts  of  that  county  of  a  character  fit 
to  extract  the  silver  from  the  ore  but  can  have 
work,  night  and  day,  crushing  ore  worth  from 
seventy-five  to  one  hundred  dollars  a  ton.  No. 
sir  !  and  if  there  were  ten  times  as  many  mills 
as  there  are  in  that  county,  there  would  not  be 
one  of  them  renntining  quiet,  night  or  day,  for 
want  of  ore  to  crush  ;  and  the  miners  would 
willingly  jiay  them  remunerative  prices  for 
crushing,  for  we  have  mines  which  I  believe, 
before  God,  will  pay  richly  for  hundreds  of 
years  to  come. 

Now  if,  after  these  mines  begin  to  pay,  they 
would  escape  taxation,  then  the  ])eople  of  the 
agricultural  counties  might  justly  find  fault  with 
the  language  of  the  article  which  we  propose 
to  incorporate  in  the  Constitution  of  the  com- 
ing State.  But  it  is  not  a  fact  that  they  escape 
now  ;  in  no  wise  do  they  escape.  Every  article 
they  use  is  taxed,  and  every  article  they  pro- 
duce is  taxed.  It  is  only  a  question  of  policy 
now— whetlier  you  will  ;illow  them  to  develop 
themselves,  or  crush  them  out  before  the  chance 
for  their  develoj)nient  comes.  Take  the  seed 
whicli  produces  tlie  giant  pine  that  grows  in 
the  State  of  California  —  that  wonder  of  the 
world,  which  attracts  visitors  from  every  part 
of  the  earth,  and  has  elicited  exclamations  of 
asttiuislunent  from  men  of  ahnost  every  nation 
an<l  clime.  That  seed  in  itself  is  insignificant. 
You  plant  it  in  the  earth,  and  the  smallest  bird 
of  the  air  could  consume  it,  or  bear  it  away. 
But  yon  let  it  grow  ;  let  the  rains  of  heaven 
fall  upon  it — let  the  sun  give  it  its  warmth,  and 
the  earth  yield  its  nourishment.  It  grows — it 
springs  upward— it  towers,  year  afti'r  year — 
and  it  becomes  at  last  a  miglity,  giant  tree,  cov- 
ering with  it.s  )»ranches  an  area  so  wide  that 
you  couhl  scarcely  credit  the  fact  when  you 
see  the  little  seed  which  is  at  first  planted  in 
the  ground.  Now.  this  is  what  these  gentlemen 
jiroijose  to  do  :  They  propo.se  to  take  the  seed 
which  produces  the  giant  tree,  and  destroy  it 


the  moment  it  is  planted  in  the  earth.  I  ask  if 
that  is  sound  policy  ? 

These  agricultural  gentlemen,  I  suppose,  have 
a  perfect  horror  of  crows.  [Merriment.]  They 
sow  their  fields  with  wheat,  and  let  us  suppose 
that  just  after  they  are  sown,  a  flock  of  those  pi- 
rates of  the  air  carry  off  the  seed  which  has  been 
planted — where  then  would  be  their  hopes  of  a 
future  crop?  What  do  these  gentlemen  do? 
Why,  they  take  a  collection  of  old  coats,  dis- 
carded pants,  and  dilapidated  vests,  stuff  them 
into  a  semblance  of  men,  and  placp  them  around 
their  fields,  to  guard  them  and  keep  away  these 
feathered  piratical  thieves,  because  they  do  not 
want  their  hopes  destroyed  in  the  bud — carried 
off  in  the  germ.  They  want  them  to  sprout, 
and  to  grow,  so  that,  the  spring-time  having 
passed,  the  harvest  may  come,  and  they  may 
reap  the  fruits  of  their  industry.  That  is  all 
we  propose.  We  no  more  ask  to  escape  taxa- 
tion than  they  do.  Every  sensible  man  knows 
that  so  gigantic  an  interest  as  the  mining  inter- 
est of  this  State  must  be  taxed,  in  order  to  sup- 
port the  Government,  nor  does  any  man,  1 
venture  to  say,  on  this  floor,  endeavor,  or  de- 
sire to  escape  that  taxation.  It  is  jitst  and  right 
that  we  should  be  taxed,  and  we  are  taxed  to- 
day, to  the  extent  to  which  the  mines  pay.  It 
is  only  a  question  of  propriety  and  policy,  to 
say  when  that  taxation  shall  be — whether  we 
shall  develop  the  wealth  hidden  in  the  moun- 
tains around  us  or  not.  Let  us  go  out,  if  we 
choose,  into  the  desert,  and  suffer  hardships, 
undergoing  toil,  and  untold  privations  and  suf- 
ferings, such  as  can  hardly  be  described ;  and 
then,  after  we  have  succeeded  in  producing  the 
precious  metals — after  we  have  developed  the 
sources  of  wealth — we  will  come  in  and  say  to 
you :  "  From  the  barren  hill,  and  the  desert 
valley,  we  have  produced  gold  and  silver. 
Here  it  is.  Tax  it.  It  is  at  the  disposition  of 
the  State  and  the  National  Government.''  That 
is  all  the  difference  between  us. 

Gentlemen  must  not  seek  to  impress  on  the 
Convention  the  idea  that  the  mining  counties 
desire  this  amendment  in  order  to  escape  from 
taxation.  I  have  never  heard  it  advanced  in 
any  raining  county,  or  in  any  mining  commu- 
nity. No  member  here  has  been  possessed  of 
so  much  hardihood  as  to  say  that  his  constitu- 
ents sent  him  here  to  endeavor  to  escape  from 
proper  taxation.  But  what  we  do  desire  is  to 
escape  from  a  false  basis  of  taxation.  Now, 
suppose  we  were  to  go  to  Washoe  and  tax  the 
prospect  of  the  coming  crop  of  the  farmer,  for 
that  is  what  this  amendment  proposes  in  rela- 
tion to  the  mines  ? 

Mr.  JOHNSON.  I  do  not  like  to  interrupt 
the  gentleman,  )jut  the  language  of  the  substi- 
tute is.  that  all  property  shall  be  taxed  accord- 
ing to  its  cash  value  in  money.  The  laws  will 
provide  for  the  election  of  assessors,  but  no 
law  could  be  franu-d  under  such  a  provision, 
which  would  be  inimical  to  the  just  principle 
that  everything  shall  be  ta.xed  according  to  its 
true  cash  value  in  money.     Such  is  the  basis 


lOtli  clay.] 


TAXATION. 


333 


Thursday,]      Warwick— Fitch— Beldex—Folsom—Sturtevant—Nourse— Mason.       [July  14. 


I  propose,  and  it  applies  to  farms,  and  to  every- 
thing else. 

Mr.  WARWICK.  One  word  further  and  I 
have  done.  I  will  first  bring  to  the  view  of  the 
Convention  a  leading  principle  which,  I  think, 
is  pertinent  to  this  case.  Now  there  is  a  claim 
in  Virginia,  known  as  the  Gould  &  Curry,  and 
the  area  of  that  claim  is  probably  not  so  large, 
including  the  mill  site  and  the  ground  which 
the  company  claims  as  its  mining  ground,  as 
that  little  patch  in  frout  of  this  building,  known 
as  the  Park,  or  Plaza.  That  claim  has,  by 
the  industry  of  those  connected  with  it — by  the 
intelligence  with  which  it  has  been  worked, 
and  by  the  scientific  appliances  which  have  been 
placed  at  their  command — been  developed  and 
increased  in  value  to  such  an  extent  that  it  has 
paid  taxes  to  the  county  of  Storey,  to  the  Ter- 
ritory of  Nevada,  and  to  the  United  States  of 
America,  upon  over  one  million  of  dollars, 
and  that  is  only  one  claim  in  the  county  of 
Storey. 

Mr.  FITCH.  Do  you  mean  that  it  has  paid 
a  million? 

Mr.  WARWICK.  No,  sir ;  I  mean  that  it  is 
valued  at  over  one  million  of  dollars,  and  taxed 
upon  that  amount.     Am  I  correct  ? 

Mr.  FITCH.    Yes,  sir. 

Mr.  WARWICK.  Very  well ;  I  never  was 
wrong  in  my  life,  and  I  thought  I  was  not  going 
to  begin  now.  [Laughter.]  Now,  sir,  I  believe 
the  taxable  property  of  Washoe  County  is  about 
two  millions  of  dollars.  I  think  that  is  a  cor- 
rect statement. 

Mr.  BELDEN.     Two  and  a  half  millions. 

Mr.  FOLSOM.  It  does  not  matter  — it  is 
worth  more  than  that. 

Mr.  WARWICK.  I  accept  the  amendment 
to  the  amendment.  That  county  is  taxed  on  a 
basis  of  two  and  a  half  millions,  and  that  county 
is  about  as  old,  and  certainly  as  large,  as  the 
county  of  Storey. 

Mr.  STURTEVANT.    Four  times  as  large. 

Mr.  WARWICK.  Four  times  as  large,  I  am 
told  ;  and  yet  it  pays  taxes  only  on  two  and 
a  half  millions  of  dollars,  while  one  little  patch 
in  the  county  of  Stoi'ey,  properly  developed, ! 
is  taxed  on — I  believe,  about  a  million  and  a 
quarter  of  dollars.  Now,  sir,  that  is  the  differ- 
ence, that  being  one  of  the  interests  that  re- 
quires encom-agement,  and  which,  being  en- 
couraged, in  a  short  space  of  time  yields  a 
revenue,  from  a  single  small  patch,  amounting 
to  over  one-half  of  the  entire  revenue  of  the 
county  of  Washoe,  although  the  entire  county 
of  Storey  is  only  one-fourth  the  size  of  that 
county.  This  little  patch  in  a  county  one- 
fourth  the  size  of  Washoe,  yields  about  one-half 
as  much  revenue  as  the  entire  county  of  Washoe 
yields.  I  think  this  illustration  will  address 
itself  to  the  intelligence  of  every  gentleman  in 
the  Convention,  as  an  ai'gument  to  show  that 
this  mining  interest  is  one  which  needs  encour- 
agement. 

Mr.  NOURSE.  Allow  me  to  suggest  to  the 
gentleman  that  the  income  of  that  mine  is  jjrob- 


[  ably  five  times  the  amount  of  the  income  of  the 
whole  county  of  Washoe.  The  stock  is  divid- 
ed up  into  shares,  and  its  monthly  dividends, 
though  they  have  been  sometimes  as  low  as  a 
hundred  and  twenty-five,  or  a  hundred  and  fifty 
dollars  a  foot,  have  amounted  during  the  past 
year,  to  somewhere  about  one  million  eight 
hundred  thousand  dollars.  That  is  the  income 
for  a  single  year,  which  is  equal  in  amount  to 
about  the  whole  of  the  appraised  value  of 
Washoe  County.  That  is  the  interest  which 
the  gentleman  thinks  is  so  feeble  that  it  must 
not  be  taxed,  and  needs  to  ))e  fostered  and  en- 
couraged by  exemption  from  the  burdens  of 
Government. 

i\rr.  WARAVICK.  Exactly.  That  is  the  very 
point  I  want  to  bring  the  gentleman  to.  By 
the  encouragement  which  has  been  given  to  it, 
there  has  been  developed  a  property  which, 
according  to  the  gentleman  from  Washoe,  di- 
vides a  dividend  of  eighteen  hundred  thousand 
dollars  a  year,  and  which  is  taxed  in  Storey 
County  upon  over  a  million  of  dollars,  and 
nearly  three  millions  of  dollars  are  produced 
by  it  annually  for  taxation. 

Mr.  FITCli.  Six  millions  of  dollars— more 
than  the  whole  product  of  Washoe. 

Mr.  DeLONG.  And  all  the  balance  of  the 
proceeds  are  divided  amongst  the  laborers,  and 
they  are  taxed  on  four  millions  more. 

The  CHAIRMAN.  It  will  be  better  if  one 
gentleman  at  a  time  address  the  Convention. 

Mr.  WARWICK.  I  Mill  add,  that  the  very 
wealth  produced  by  these  mines  has  gone  to  build 
up  Washoe  County,  without  which,  that  county 
would  not  have  been  worth  more  than  a  hundred 
and  fifty  thousand  dollars  to-day.  Look  at  the 
elegant  palaces  which  have  been  reared  be- 
tween here  and  Washoe  City.  Hom'  did  they 
come  there  ?  From  the  potatoes  and  turnips 
and  barley  raised  in  the  Washoe  valley  ?  No, 
sir  ;  but  from  the  Gould  &  Curry,  and  the  Gold 
Hill  mines.  I  passed  by  them  this  morning, 
and  I  observed  particularly  the  elegant  resi- 
dence of  a  gentleman  with  whom  we  are  all 
acquainted.  Did  that  come  from  the  agriculture 
of  Washoe  County  ?  No,  sir  ;  it  came  from  the 
wealth  of  the  county  of  Storey.  Therefore,  I 
say  it  is  sound  policy  to  encourage  that  interest 
which  is  producing  such  vast  wealth,  and  not 
to  seek  to  crush  it  in  the  germ.  We  should 
nourish  and  encourage  it,  and  let  it  rear  its 
head  to  heaven,  so  that  eventually  you,  and  I, 
and  our  children's  children,  may  reap  the  bene- 
fits of  the  wise  legislation  which  we  are  seeking 
to  place  in  the  fundamental  law  of  our  State. 

Mr.  MASON.  Is  it  in  order  to  tell  an  anec- 
dote ?  It  is  in  the  way  of  feeble  illustration 
of  the  pi'esent  position  of  this  affair.  A  young 
man  in  southern  Illinois,  who  was  in  the  habit 
of  neglecting  to  wash  his  feet,  had  been  out  in 
stormy  weather,  and  going  into  a  neighbor's 
house,  he  placed  his  feet  under  the  stove  to 
warm  them.  The  man  of  the  house  soon  dis- 
covered an  odor,  and  hastily  started  up  to  drive 
out  the  dog  lying  near  by.    But  the  young  man 


334 


TAXATION. 


[lOtli  da} . 


Thursday.] 


NouRSE — DeLoxg. 


[July  14. 


stoppoil  him.  sayinp: :  "Mister,  you  needn't  in- 
terft-ro  ^vilh  that  "ere  dorg.  a  mite  ;  what  you 
suK'U  is  my  feet ;  but  Lord,  that's  nothing  ; 
you  orter  "smell  "em  in  the  summer  time." 
[Laujrhter.] 

Mr.  NOl'RSE.  I  think  we  can  smell  the 
"feet"  of  these  gentlenu'n.  and  others,  wlio 
have  preceded  them.  I  think  '-feet"  is  what 
is  tile  matter  here,  and  it  is  '-feet''  which  we 
smell  in  tiiis  del)ate.  ••  I  thank  thee,  Jew,  for 
teaching  me  that  word."' 

Now,  I  wish  briefly  to  pay  my  respects  to 
the  gentleman  (Mr.  Warwick)  who  spoke  last 
but  one  —  whose  remarks  preceded  this  dog 
story.  I  will  not  allow  myself  to  characterize, 
as  n'ly  feelings  would  lead  me  to  do,  the  argu- 
ment which  he  has  advanced.  He  insisted  on 
the  necessity  of  refraining  from  the  taxation  of 
the  mines — of  refraining  to  call  upon  them  for 
the  i)ayment  of  their  share  towards  the  support 
of  the  Government  which  is  to  defend  and  pro- 
tect them— for  the  .'^ake  of  encouraging  an  in- 
terc.-t  which  has  shown  such  innate  strength 
tlial  in  the  course  of  nearly  three  years'  time, 
it  has  reached  the  towering  magnitude  of  cen- 
turies of  growth.  When  it  takes  only  three 
3'ears  for  the  tree  to  spring  up  to  such  a  height, 
from  the  little  seed  planted  in  the  ground,  does 
it  need  to  be  exeiupted  from  taxation  for  fear 
of  its  being  nipped  in  the  bud  ?  Why,  sir, 
there  is  not  one  miner  in  a  hnndred  but  spends 
more  money,  ten  times  over,  every  Saturday 
uight,  on  wine  and  women,  than  his  taxes  for  a 
year  would  come  to.  Gentleiuen  talk  as  if  the 
taxation  of  the  mines  would  crush  the  mining 
interest.  Why.  sir,  it  is  only  a  drop  in  the 
bucket,  and  they  never  would  feel  it  at  all.  It 
wtuild  be  a  cigar  less,  or  a  glass  of  wine  less, 
every  day,  tiiat  is  all.  And  it  does  not  come 
from  the  feeble  mines,  which  are  undeveloped. 
Now  that  the  speculating  bnl)ble  has  burst  and 
luoken.  wliat  is  tlieir  value?  Thi'y  are  to  be 
taxed  (Uily  at  their  cash  value,  and  if  they  do 
not  produce  the  precious  metals  they  will  not 
Lave  nuich  cash  value.  Who  is  going  to  con- 
sider a  mi're  hole  in  the  gronnd  as  worth  five 
hundred  dollars  a  foot,  when  Wide  West  is  down 
to  seven  dollars,  and  Ileal  Del  Monte  in  propor- 
tion? It  is  not  the  weak  and  undeveloped 
mines  tiiat  are  going  to  feel  the  burden,  for  the 
cash  value  will  not  be  there  ;  but  when  a  mine 
does  come  up  to  the  enormous  production  of 
two  million  one  hiuidred  thousand  dollars  in  a 
single  year,  then  the  tax  conu's  in.  Then  it  is 
a  large  snm.it  is  triu»,  and  yet,  even  then,  it  is  a 
snm  not  to  be  felt.  And  I  wish  to  say,  Mr. 
Chairman,  to  you.  and  to  the  nu'inbers  of  this 
Convention,  that  this  amendment  of  the  gentle- 
man from  Storey  County,  if  not  amended  as 
proposed  by  the  gentleman  from  Ormsby,  lujt 
only  exemjjts  from  taxation  tiie  ••  poor  miner,"' 
who  has  been  so  much  i)araded  here,  but  the 
wiiole  mine  of  the  (lould  &  Curry  Comi)any. 
ami  all  the  enormous  wealtli  of  all  the  other 
miiu's  in  the  Territ(jry.  It  will  leave  only  their 
stock  to  be  taxed  to  the  owners,  as  personal 


property,  wherever  they  may  happen  to  be, 
whether  in  Sacramento,  in  San  Francisco,  in 
New  York,  in  Boston,  or  in  London.  And,  sir, 
these  wealthy  owners  will  not  be  compelled  to 
pay  one  dollar  towards  the  expenses  of  carry- 
ing on  the  Government  of  this  State,  where  the 
mine  lies,  and  from  which  they  are  allowed,  as 
they  have  been  hitherto,  without  fee  or  reward, 
to  take  up  and  carry  away  immense  wealth. 

Mr.  DeLONG,  If  the  gentleman  fears  that 
the  section  would  have  any  such  effect  as  that 
which  he  has  last  suggested,  we  are  willing  to 
put  in  a  provision  that  the  proceeds  of  the 
mines  shall  be  taxed  here. 

Mr.  NOLIRSE.  If  you  will  also  put  in  a  pro- 
vision that  the  proceeds  of  saw  mills,  and  cpiartz 
mills,  and  grist  mills,  and  farms,  and  every- 
thing else,  shall  be  taxed  in  the  same  way.  well 
and  good.  Let  them  all  stand  alike.  But  why 
should  we  name  one  species  of  property  and 
not  another?  Why  should  we  adopt  one  basis 
for  one  descri])tion  of  property,  and  another 
basis  for  another?  Why  not  do  as  it  is  done  in 
every  other  State  ?  My  information  may  be  at 
fault,  but  I  do  not  know  now  of  a  single  in- 
stance where  any  other  basis  of  taxation  than 
that  of  value  has  been  adopted  in  the  Consti- 
tution of  any  State  in  the  L'nion,  I  know  that 
in  excluding  property  from  taxation,  some  dis- 
tuiction  may  be  made  ;  but  when  you  come  to 
the  taxing  of  proiierty,  I  do  not  know  where  any 
basis  has  ever  been  adopted  other  than  that  of 
the  value  of  the  property.  What  possible  ob- 
jection, then,  is  there  to  the  amendment  of  the 
gentleman  from  Ormsby?  It  simply  provides, 
in  language  which  we,  who  want  all  property 
taxed  equally,  are  satisfied  with — that  all  prop- 
erty shall  be  taxed  equally.  If  gentleiuen  have 
no  objection  to  that  doctriiie,  why  do  they  ob- 
ject to  the  amendment  ? 

Mr.  DeLONG.  I  desire  to  ask  a  question. 
How  will  the  rule  work  in  taxing  a  piece  of 
land  in  which  a  man  has  a  title  in  fee.  when 
you  imagine  another  case  where  a  tract  of  land, 
perhaps  immediately  adjoining  it,  which  would 
be  of  equal  value  if  it  had  the  fee,  is  possessed 
by  a  party  who  does  not  own  the  fee  at  all,  the 
fee  remaining  in  the  General  Government? 
There  is  the  same  amount  of  improvement  as 
in  the  case  of  the  tract  owned  by  the  individ- 
ual. Now,  would  you  assess  that  at  the  same 
valuation,  the  one  having  the  title  and  the  other 
not,  and  each  being  of  the  same  size  and  of  the 
same  intrinsic  value? 

Mr.  NOURSE.  The  answer  is  ready  at  the 
monu'nt.  If  the  possessory  title  will  sell  for  as 
much  in  open  market  as'the  title  in  fee,  you 
would  tax  it  the  same. 

Mr.  DeLONG.  Oh.  that  is  dodging  the  question. 

Mr.  NOURSE.  It  is  not  dodging  it  at  all.  If 
the  fee  title  is  better,  it  will  be  worth  the  most, 
and  of  course,  it  will  be  taxed  the  most.  But 
if  one  piece  of  pro])erty  to  which  a  man  has  not 
the  fee,  luit  a  ])ossessory  title  only,  happens  to 
be  wtn-th,  with  that  title,  more  than  another 
piece  with  a  title  in  fee,  you  will  not,  simply 


10th  day.] 


TAXATION. 


335 


Thursday.] 


DdLoxg — NouRSE — Sturtevaxt. 


[July  14. 


because  the  fee,  as  a  general  thing,  is  better 
than  the  possessory  title,  tax  the  less  valuable 
property  more  than  the  property  which  is  more 
valuable. 

Mr.  DeLOXG.  I  have  anothor  question  to 
ask.  Where  does  the  gentleman  derive  the 
right  to  tax  the  property  of  the  United  States 
Government  within  the  limits  of  this  State  ? 

Mr.  NO.URSE.     I  do  not  derive  it  at  all. 

Mr.  DeLONG.  Very  well.  Then  the  mineral 
lands,  being  exempted  from  taxation,  and  the 
miner  having  no  right  upon  those  lands,  except 
merely  the  right  of  a  permitted  trespass,  where 
does  the  gentleman  derive  the  I'ight  to  tax  the 
miner  at  all,  on  property  which  belongs  to  the 
General  Government .' 

Mr.  NOURSE.  I  do  not  derive  any  such 
right.  The  gentleman  is  alleging  a  principle 
which  is  unsound,  and  he  knows  it.  I  should 
be  sorry  to  thinlc  that  the  gentleman  did  not 
regard  as  a  valid  title,  a  possessory  title  on 
which  he  has  brought  suit  himself,  many  a  time. 
It  is  a  title  recognized  by  that  Supreme  Court 
of  California,  to  which  the  gentleman  looks  iip 
with  so  much  reverence,  and  whose  decisions — 
and  some,  I  am  afraid,  which  were  never  made 
by  that  tribunal — the  gentleman  has  so  fre- 
quently quoted.  That  is  the  title  which  we 
recognize — a  title  recognized  by  the  courts. 
And  here  let  me  say,  that  with  all  my  prejudices 
against  California  decisions,  I  recognize  in  the 
ti-eatment  of  that  question  by  the  Supreme 
Court  of  California,  the  highest  Avisdom,  the 
greatest  foresight,  and  the  broadest  range  of 
thought.  There  is  one  feature,  certainly,  in  those 
decisions — and  it  is  that  very  feature— in  which 
the  Supreme  Court  of  California  has  attained  a 
proud  eminence.  That  title  which  we  recognize 
as  a  possessory  title,  is  not  claimed  to  be  an 
ownership  of  the  land,  as  against  the  United 
States,  but  it  is  a  right  to  hold  the  land,  tolera- 
ted by  the  United  States  authorities,  with  a  full 
knowledge  of  what  is  done  under  that  posses- 
sion. It  is  a  right,  which  has  never  been  in- 
terfered with,  to  go  on  and  take  the  precious 
metals  from  the  bowels  of  the  earth.  That 
right  is  worth  money,  is  it  not  ?  Is  it  possible 
that  a  foot  in  Gould  &  Curry  is  not  worth  the 
S1.(J25  at  which  it  is  now  quoted?  No  matter 
if  the  dividend  come  down  again  to  one  hun- 
dred and  twenty-five  dollars.  Ai'e  men  pay- 
ing something  for  nothing  ?  Are  they  paying 
money  for  that  which  they  cannot  hold  ?  I 
think  the  gentleman  from  Storey  will  not  ven- 
ture to  go  before  the  people,  or  before  a  court, 
and  say  that  these  possessory  rights  are  not 
rights  ;  and  yet  they  are  not  that  right  which 
the  United  States  Government  claims.  It  is  not 
the  gold,  it  is  not  the  ore,  that  is  taxed  ;  it  is 
not  the  land  that  is  taxed  ;  but  it  is  the  right 
that  those  parties  have  acquired,  by  and  under 
the  laws  of  the  land,  to  go  on  and  take  from 
that  particular  location,  the  precious  metals. 
Now.  there  are  gentlemen  here  who  have  some 
analogous  rights.  They  have  rights,  as  I  before 
remarked,  under  the  laws  of  the  Legislature,  to 


gather  in  the  tolls  on  the  toll-roads.  And  yet 
they  do  not  own  an  inch  of  the  land.  Will  the 
gentleman  say  that  toll-roads  cannot  be  ta.xed? 

Mr.  DeLONG.  It  is  a  franchise. 
_  Mr.  NOURSE.  Exactly :  and  vou  tax  that 
right,  just  as  we  propose  to  tax  the  right  to  the 
veins  of  the  precious  metals,  which  Congress 
allows  us  to  do.  leaving  the  United  States  all 
the  right  of  ownership  it  ever  had. 

Mr.  DeLONG.  The  ditference  is,  that  in  one 
case  it  is  a  grant  by  the  sovereign  power,  and 
in  the  other  there  is  no  grant  at  all.  The  man 
with  the  grant  of  a  toll-road  franchise,  has  it 
granted  to  him  by  the  sovereign  power  of  the 
State,  and  in  the  other  case,  the  miner  enters 
upon  the  property  without  any  grant,  and  can 
only  hold  it  till  he  is  dispossessed  bv  the  power 
which  owns  it.  The  whole  error  of  the  eentle- 
man  is  that  which  has  been  alluded  to  by  the 
gentleman  from  Lander  (Mr.  Warwick.)"  He 
maintains  that  the  mines  are  not  taxed  now, 
and  I  say  that  they  are  taxed  in  everv  way. 
Suppose  the  case  of  a  merchant  who  sells  goods 
to  the  miner— what  does  he  charge  ?  Why,  a 
profit  above  the  cost.  But  what  is  the  cost  ? 
It  is  not  merely  what  he  gave  for  the  goods, 
what  he  paid  for  the  freight,  the  rent  of  his 
building,  and  his  own  profit  alone  ;  but  he  puts 
on  also  the  taxes ;  and  the  miner  pays  a  large 
profit  over  and  above  it  all.  So  it  is  with  the 
agriculturalist.  He  raises  a  barrel  of  cereals, 
and  sells  it  in  the  market,  and  in  fixing  the 
price,  he  puts  on  whatever  it  cost  him  in  every 
way,  and  among  other  items  is  his  taxes.  He 
charges  that  sum  to  the  miner,  and  the  value 
over  and  above  all ;  so  that  he  realizes  his 
profit  in  that  waj^  You  take  from  the  only 
class  of  people  producing  money,  vour  taxes. 
You  are  taxed,  but  you  get  it  bacdc  from  the 
miners,  and  you  will  continue  to  do  so.  That 
has  been,  and  will  always  be  the  case  in  every 
coim'try  where  the  miner  is  the  sole  producer 
of  the  currency,  which  is  a  metallic  currency. 
The  miners  produce  every  dollar  you  have. 
But  for  the  mines,  all  yoi'ir  stores  would  be 
removed,  your  fiirms  would  dry  up,  and  be 
abandoned,  and  your  wagons  would  stop  in  the 
streets,  or  be  turned  elsewhere.  Every  man 
you  see  engaged  in  any  business,  profession, 
or  calling,  looks  directly  to  the  miner.  He  ex- 
pects his  profession,  or  labor,  or  property  in- 
vested, to  return  a  yield,  and  that  yield  he  de- 
rives from  the  miner,  after  he  has  produced  it 
in  the  mines.  Every  one  charges,  in  the  dis- 
posal of  his  wares  and  goods,  suiticient  to  cover 
his  taxes,  among  other  things.  He  makes  the 
price  large  enough,  so  that  the  miner  shall  pay 
it  back  to  him. 

Mr.  STURTEYANT.  I  wish  to  ask  one 
question.  The  gentleman  speaks  of  the  wag- 
ons being  stopped  which  are  carrying  the 
produce  to  the  mines.  Now,  what  would  the 
miners  do  if  the  wagons  were  stopped,  for  their 
"grub?" 

Mr.  DeLONG.  Go  and  pack  it,  as  I  have 
done,  for  six  months  at  a  time. 


336 


TAXATION. 


[10th  da^,. 


Thursday.]  Stcktevant— DeLong— Nourse— Hawley— Crosmax— Kinkead.  [July  14. 


Mr.  STURTEVANT.  But  in  some  cases  they 
would  be  eight  mouths  on  the  trip,  if  they  had 
to  pack  it.  .    ,       ,, 

Mr.  DeLONG.  They  would  get  it  by  the 
exercise  of  Yankee  ingenuity.  So  long  as  the 
mines  pay,  they  will  find  the  means  of  living, 
somehow. 

Mr.  XOURSE.  Would  ti  not  be  cheaper  for 
them  to  pay  a  slight  tax,  instead  of  packing  their 
provisions. 

Mr.  DeLONG.  That  may  be,  and  we  are  do- 
ing it  now.  We  say,  instead  of  packing  our 
••  grub."  we  will  allow  you  to  haul  it  to  us,  and 
we  buy  it  from  your  wagons  and  pay  the  price 
you  ask.  And  when  you  sell  your  provisions 
out  of  your  wagons,  what  do  you  charge  ?  First, 
what  the  ranches  charge,  and  then  the  tolls  on 
the  roads,  and  then,  over  and  above  every  ex- 
pense and  cost,  including  the  tolls,  the  first 
cost,  and  the  time,  you  charge  a  profit,  and 
the  consumer  pays  it.  You  know  it  is  so,  and 
every  single  dollar  of  taxes  that  any  one  of 
these  merchants  and  farmers  pays,  he  makes 
the  miner  pay  back  to  him  when  he  consumes 
his  wares,  or  consumes  the  products  of  his  farm. 
You  know  that ;  and  I  say  further,  that  there 
is  not  a  surplus  dollar,  which  comes  out  of 
the  mines,  that  you  do  not  also  tax.  Sup- 
pose the  Gould  &  Curry  mine  yielded,  in  the 
course  of  six  months,  six  millions  of  dollars  ; 
how  nuich  of  that  amount  has  escaped  taxa- 
tiiin?  The  eighteen  hundred  thousand  dollars 
divided  among  the  share-holders  has  been  tax- 
ed ;  that  is  admitted.  Now,  what  becomes  of 
the  remaining  four  million  two  hundred  thous- 
and dollars  which  have  been  paid  out  to  the 
teamster,  paid  out  to  the  mill-wright,  jiaid  to 
the  engineer,  and  paid  to  the  miner  ?  It  goes 
out  in  payment  of  every  class  of  industry,  and 
those  nu'n  who  receive  it.  pay  their  taxes.  In 
that  way.  there  is  not  one  dollar  of  the  millions 
which  have  been  dug  from  the  bowels  of  the 
earth  l)y  the  Gould  &  Curry  Mining  Company 
during  the  last  twelve  months,  that  has  not 
been  taxed.  It  is  all  taxed,  immediately  it  sees 
the  light.  Now,  on  the  top  of  that,  you  ask  us 
to  levy  a  tax  of  millions  on  the  fictitious  value 
of  the  mine  itself. 

Mr.  NOURSE.  Let  me  correct  the  gentle- 
man. Not  on  its  fictitious  value,  but  on  its 
cash  value. 

Mr.  DeLONG.  On  its  cash  value  ;  but  I  say 
there  is  no  means  of  determining  it.  I  have 
my  own  ideas  of  the  value  of  my  mine,  and 
perhaps  nobody  in  the  world  will  agree  with 
me.  1  go  and  find  a  spot  where  I  think  there 
is  a  ledge,  and  commence  to  prospect  for  valu- 
able minerals.  Everyl)ody  nuiy  call  me  a  fool 
for  wasting  my  time  and  laI)or,  but  the  assessor 
comes  ailing  and  says:  •' I  want  to  assess  your 
mine  ;  wliat  is  it  W(irth  ? "  I  answer,  "  I  do  not 
know  that  it  is  worth  anything.''  But  he  puts 
the  screws  on  by  saying,  "  I  will  give  you  so 
much."  naming  a  trifling  sum  ;  and  if  I  do  not 
take  it  or  say  I  think  it  is  worth  more,  he  says  : 
"  If  you  will  not  sell  it,  you  must  be  assess- 


ed for  that."  Now,  I  say  if  you  do  that,  you 
kill  the  goose  that  lays  the  golden  egg.  If  you 
do  that,  you  stop  the  development  of  the  mines, 
and  you  prevent,  perchance,  the  discovery  of 
mines  which  would  yield  thousands  of  millions 
of  dollars,  but  which  will  never  be  developed 
if  this  policy  be  pursued.  The  more  mines  are 
discovered,  the  greater  will  be  our  wealth  and 
prosperity,  and  the  more  wealthy  mines  we  have, 
the  more  numerous  become  those  very  consum- 
ers to  whom  the  farmers  look  to  purchase  and 
consume  the  products  of  their  ranches.  I  ask 
you  to  stay  your  hands  from  these  mines.  We 
are  willing  to  pay  on  everything  that  is  in  sight, 
or  that  we  know  we  have  got.  You  may  tax 
every  dollar  taken  from  the  mines,  and  every 
building  erected  upon  them  ;  and  when  you 
have  gone  that  far,  we  think  you  have  gone  far 
enough  ;  and  I  hope  the  Convention  will  agree 
with  us. 

Mr.  HAWLEY.  I  was  about  to  rise  to  ad- 
dress the  Convention — 

Several  Member.s.  "  Let  us  take  a  vote." 
"  Question  !  question  !  " 

Mr.  HAWLEY.  I  wish  to  say  a  word  only. 
I  am  pledged  here  to  support  a  certain  inter- 
est— 

Mr.  CROSMAN.  As  it  is  the  time  for  recess, 
if  the  gentleman  will  yield,  I  will  move  that 
the  Convention  rise. 

Mr.  HAWLEY.     I  will  give  way. 

Mr.  CROSMAN.  I  move  that  the  commit- 
tee rise,  report  progress,  and  ask  leave  to  sit 
again. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

IN    CONVENTION. 

The  PRESIDENT  having  resumed  the  chair. 

The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Article  X,  entitled  Taxation,  had  made  some 
progress  therein,  and  had  directed  him  to  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  leave  was  grant- 
ed accordingly. 

Mr.  BROSNAN  gave  notice  that  immediately 
after  the  recess  there  would  be  a  meeting  of  the 
Committee  on  the  Judiciary  Department. 

The  hour  of  twelve  o'clock  having  arrived, 
the  Convention  was  declared  at  recess  until  two 
o'clock,  P.  M. 


AFTERNOON  SESSION. 

The  Convention  met,  and  was  called  to  order 
by  the  President  at  twenty  minutes  after  two 
o'clock,  P.  M. 

taxation. 

Mr.  KINKEAD.  I  offer  the  following  resolu- 
tion : — 

Resolved,  That  Article  X,  and  the  various  amend- 
ments proposed  thereto,  be  referred  to  a  special  com- 
mittee of  five,  with  instructions  to  report  a  substitute 
therefor. 


loth  day.] 


TAXATION. 


337 


Thursday,] 


DeLong — Eakl — Dunne — Hawley. 


[July  14. 


My  idea  in  offering  this  resolution  is,  to  have 
an  opportunity  to  get  together  some  statistics 
and  facts  in  regard  to  the  financial  condition  of 
the  Territory,  which  I  think  are  necessary  for 
a  proper  understanding  of  the  subject. 

Mr.  EARL  moved  to  lay  the  resolution  on 
the  table. 

Mr.  DeLONG  moved  that  the  resolution  be 
indefinitely  postponed. 

After  some  discussion,  mainly  in  relation  to 
questions  of  order,  both  motions  were  with- 
drawn. 

The  question  was  taken  on  the  adoption  of 
the  resolution  offered  by  Mr.  Kinkead,  and 
upon  a  division,  it  was  not  agreed  to — ayes,  8  ; 
noes,  not  counted. 

COMMITTEE    OF    THE    WHOLE. 

Mr.  DUNNE.  I  move  that  the  Convention 
go  into  Committee  of  the  Whole,  the  President 
remaining  in  the  chair,  for  the  tiirther  consid- 
eration of  Article  X,  entitled  Taxation. 

The  question  was  taken  and  the  motion  was 
agreed  to. 


The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (the  President 
remaining  in  the  Chair.)  and  resumed  the  con- 
sideration of  Article  X,  entitled  Taxation. 

The  CHAIRMAN  stated  the  question  on  the 
amendment  offered  by  Mr.  Tozer  to  strike  out 
the  words,  "  including  mines  and  mining  prop- 
erty."' and  also  on  the  substitute  proposed  by 
Mr.  Johnson,  for  the  entire  section. 

Mr.  EARL.  I  do  not  projjose  to  detam  the 
Committee  by  speaking  at  any  length  on  this 
question,  for  it  seems  to  me  that  it  is  a  matter 
which  is  now  fully  understood  by  each  and  ev- 
ery member  uf  the  Convention,  and  we  might  as 
well  come  to  a  vote  now  as  at  any  time,  upon 
the  different  amendments  before  us.  I  think 
we  might  talk  here  for  houi's  and  it  would  not 
affect  the  matter  much,  if  any.  I  am  one  of 
those  who  have  the  utmost  confidence  in  the 
ability  of  the  Legislature  which  is  to  succeed 
us.  i  think  we  can  reach  the  gross  proceeds 
of  the  mines  so  as  to  tax  them,  and  we  can  cer- 
tainly do  that  after  the  Act  of  Congress  requir- 
ing the  bars  to  be  stamped,  goes  into  effect ; 
because,  by  an  act  of  the  Legislature,  we  can 
reach  those  bars  in  the  same  way,  and  tax 
them.  Further  than  that,  I  hope  that  at  some 
time  we  may  have  an  assay  office  established 
here,  and  then  we  can  tax  the  bullion  passing 
through  that  assay  office.  I  shall  vote  for  the 
amendment  of  my  colleague,  (Mr.  Tozer,)  and 
think  the  whole  matter  can  be  very  easily  and 
proi)erly  disposed  of  in  that  manner. 

Mr.  IIAWLEY.  I  am  extremely  loth  to  in- 
flict my  views  on  this  question  upon  the  Con- 
vention, but  I  think  I  should  be  entirely  derelict 
in  my  duty  if  I  did  not  give  a  full,  free,  and 
frank  exposition,  not  only  of  my  own  views, 
which  coincide  with  those  of  my  constituents, 
but  particularly  of  the  views  of  the  people  to 
V 


whom,  directly,  I  owe  my  election  as  a  dele- 
gate to  this  Convention. 

The  first  proposition  I  lay  down — and  I  shall 
endeavor  to  confine  myself  to  three  proposi- 
tions—  is  that  all  species  of  property  are 
equally  subject  to  taxation,  and  that  the  failure 
of  any  body  politic  to  make  each  and  every 
species  of  property  a  subject  of  taxation  has 
the  effect  to  create  privileged  classes — a  species 
of  legislation  which,  whether  taken  negatively 
or  afiirmatively,  is  entirely  at  variance  with  the 
spirit  of  our  institutions.  The  proposition  itself, 
stated  in  plain  terms,  is  one  so  self-evident, 
that  it  seems  almost  a  work  of  supererogation 
to  attempt  to  dilate  upon  it.  Now,  sir.  it  is  con- 
tended, in  direct  terms,  by  some  of  the  gentle- 
men on  the  other  side  of  the  question,  that  the 
mines  are  not  properly  subjects  of  taxation. 
I  am  as  well  aware  as  any  gentleman  in  the 
Convention  that  such  has  been  the  general  view 
of  the  question  ever  since  the  mines  became  so 
important  a  feature  in  the  resources  of  our 
country,  especially  upon  the  Pacific  slope.  But 
I  have  listened  attentively,  and  read  carefully, 
the  immense  number  of  arguments  which  have 
been  advanced  to  sustain  that  proposition,  and 
nothing  I  have  ever  yet  heard,  or  ever  yet 
read,  has  tended  to  change  my  views  on  the 
subject,  or  to  convince  me  that  it  is  not  the  duty 
of  the  law-making  power  to  compel  that  partic- 
ular species  of  property  to  contribute  to  the 
support  of  the  Government,  as  much  as  it  is  to 
compel  the  house,  the  ranch,  the  ox,  the  horse, 
the  ass,  or  any  other  species  of  property,  to 
contribute  to  the  support  of  that  Government, 
without  which  we  might  as  well  resolve  our- 
selves at  once  into  an  aboriginal  condition  of 
anarchy,  choosing,  if  you  please,  the  tallest 
man  among  us  to  rule  over  us.  Sir,  I  contend 
that  the  tendency  of  this  sort  of  legislation,  or 
the  adoption  of  provisions  like  this  in  organic 
laws,  is  to  create  a  privileged  class.  It  is  to 
give  to  a  class  of  men  all  the  rights  and  privi- 
leges of  citizens,  and  at  the  same  time  to  ask 
them  to  contribute  nothing  towards  the  support 
of  that  Government  which  secures  us  all  in  the 
enjoyment  of  life,  liberty,  and  the  pursuit  of 
happiness.  I  shall  content  myself — for  I  do 
not  wish  to  occupy  much  of  the  time  of  the 
Convention — with  simply  asserting  that  proposi- 
tion, leaving  any  one  who  may  come  after  me  to 
refute  it  if  he  can. 

Again,  it  has  been  alleged  here  most  earnestly, 
that  we  cannot  tax  the  mines,  because  they  are 
property  of  the  United  States.  I  think  the 
only  argument  made  to-day  on  that  side  which 
is  entitled  to  much  consideration  is  that  of  the 
gentleman  from  Esmeralda,  (Mr.  Mason.)  who 
advanced  that  proposition— that  we  are  prohib- 
ited by  the  Enabling  Act  from  taxing  the  prop- 
erty of  the  United  States.  Now,  sir,  when  the 
terms  or  the  meaning  of  any  legislative  act  is 
obscure,  or  difBcult  t"o  be  understood,  it  is  to  be 
construed  in  the  light  of  those  established  cus- 
toms which  possess  the  force  and  sanctity,  so 
to  speak,  of  enactments,  the  meaning  of  which 


338 


TAXATION. 


[10th  day. 


Thursday.] 


DeLoxg— Hawley — NOURSE. 


[July  14. 


can  be  uiulorstood.  Now,  what  has  been  the 
custom  upon  the  Pacific  coast,  ever  since  the 
country  came  into  the  possession  of  the  Ameri- 
can j>e"ople'.'  I  need  only  cite  one  decision  of 
the  Supreme  Court  of  California,  which  was 
rendered  some  few  months  since,  and  in  which 
the  question  of  the  right  to  tax  possessory 
claims  arose. 

Mr.  DkLUXG  (interrupting.)     But  that  is  not 
authority  on  your  side  of  the  question. 

Mr.  HAWLEY.  I  am  not  the  gentleman 
from  Washoe,  sir.  [Laughter.]  That  decision 
was.  that  the  jiossessory  right  was  a  legitimate 
subject  of  taxation,  and  the  court  went  on  to 
say  that  in  assessing  it,  it  was  necessary  that 
the  act  of  assessment  should  specify  that  it  was 
the  possessory  right  which  had  been  taxed. 
Now,  sir.  under  that  decision,  the  principle  is 
settled,  in  a  manner  which  I  think  ought  to  be 
satisfactory  to  the  gentlemen  on  the  other  side 
of  the  house.  And  the  ipiestion  arose  there, 
because  some  individual,  thinking  himself  wiser 
than  others,  who  for  a  decade  had  paid  their 
taxes,  imagined  that  he  could  go  on  and  pos- 
sess the  lands  as  the  property  of  the  United 
States — that  he  could  hold  them  and  receive 
from  them  all  the  benefits  of  occupancy  and 
use  as  such — and  at  the  same  time  i>ay  nothing 
for  the  benefit  and  support  of  that  system  of  Gov- 
ernment by  which  we  are  all  protected  in  our 
rights  and  privileges.  Now,  sir,  such  being  the 
fact,  I  ask.  with  what  degree  of  reason  can  gen- 
tlemen contend  that  there  is  .such  a  distinctive 
difference  bt'twei-n  the  possessory  right  to  a 
mining  claim,  and  the  possessory  right  to  agri- 
cultural lands?  And  more  especially,  how  can 
they  argue  that  the  mineral  lands  are  not  tax- 
able as  possessory  rights,  when  every  man 
knows  that  a  ranch,  or  a  town  lot  in  the  foot- 
hills of  California,  which,  under  the  laws  of 
Congress  prohibiting  the  sale  of  the  mineral 
lands,  is  occupied  in  that  manner,  by  possession 
only,  is  subject  to  taxation  ?  The  whole  thing 
is  disposed  of  by  that  decision  of  the  Supreme 
Court  of  California,  and  it  is  idle  to  attempt  to 
controvert  it,  until  it  shall  be  decided  that  that 
decision  is  not  a  correct  interpretation  of  law, 
by  some  higher  authority. 

Why,  then,  need  we  falter  in  our  duty,  or 
hesitate  as  to  our  action,  in  regard  to  this  sub- 
ject? Every  gentleman  nuist  know  that  if  the 
proposition  advanced  by  the  gentlemen  on  the 
other  side  shall  olitain  in  this  Convention,  if 
eithi-r  directly  or  iinidied  l)y,  the  Jiegislature, 
which  is  to  regulate  the  mode  and  maniu-r  of 
collecting  the  revenue  for  the  State  of  Nevada, 
are  to  be  restricted  from  levying  a  tax  upon 
the  possessory  claims,  it  will  be  a  matter  of 
utter  impossibility  to  carry  on  the  machinery 
of  the  State  Government.  And  if  genllcnieii 
are  so  tenacious  of  their  I'iglits.  llicy  irnist  know, 
as  I  know,  and  every  man  knows,  that  it  is  the 
shortest  and  easiest  way  to  determiiu'  them,  and 
to  determine  our  status  as  a  j)eo])le,  to  allow 
this  question  to  go  untrammelled  before  the 
Legislature.    Then  the  Legislature  can  enact 


a  law  taxing  claims  of  all  descriptions,  and  in 
that  event,  parties  deeming  themselves  aggriev- 
ed, will  resort  to  the  highest  tribunal  for  redress, 
and  the  question  will  there  be  definitely  settled. 
If  possessory  rights  are  taxed,  and  if  tlieir  own- 
ers think  that  that  taxation  is  illegal,  they  will 
appeal  to  the  courts,  and  there  the  matter  will 
be  determined.  On  the  other  hand,  if  they  are 
not  taxed,  those  property  holders  upon  whom 
the  heavy  burden  will  rest,  will  contest  at  once 
the  constitutionality  of  the  law,  and  in  that  way 
they  will  arrive  at  a  definite  and  clear  decision 
of  the  question. 

Mr.  DeLONG.  Cannot  you  do  the  same 
thing  ?  Suppose  you  adopt  this  proposition  of 
ours,  and  the  Legislature  should  fail  to  tax  the 
mines,  the  farmers  might  attack  the  revenue 
bill  in  the  courts.  They  would  say  :  '■  Here, 
the  Constitution  provides  that  all  property  shall 
be  equally  and  uniformly  taxed  ;  and  now,  inas- 
much as  this  revenue  bill  does  not  do  it,  it  is 
unconstitutional  and  void." 

Mr.  NOURSE.  But  that  would  destroy  the 
whole  tax  levy  for  that  year. 

Mr.  DeLONG.  So  it  would  if  you  take  the 
other  way. 

Mr.  HAWLEY.  The  interrogatory  of  the 
gentleman  has  been  well  answered.  Let  those 
men  who  have  grown  rich  and  have  not  con- 
tributed towards  the  support  of  the  Govern- 
ment, go  into  court,  and  do  not  throw  upon  the 
State  which  is  about  to  be  created,  the  burden 
of  one  year's  support  of  the  Government,  with- 
out any  iiicoiue  from  taxation,  when  that  burden 
would  create  a  debt  which  would  be  likely  to 
hamper  the  State  for  generations  to  come.  Let 
the  qitestion  be  tested  affirmatively,  and  not 
negatively. 

Mr.  DeLONG.  You  could  test  it  just  as  well 
the  other  wav. 

Mr.  HAWLEY.  I  admit  that  we  could  ;  but 
we,  on  this  side  of  the  House,  prefer  that  you 
should  be  the  party  to  bring  the  test. 

Now,  let  us  look  at  this  matter  a  little  further. 
Suppose  this  course  of  action  is  pursued,  we 
know  what  will  be  the  result.  We  know  this, 
that  if  we  adopt  a  State  Government,  and  the 
Supreme  Court  decides  that  a  portion  of  the 
revenue  for  the  support  of  that  Government  is 
not  to  be  derived  from  the  taxation  of  posses- 
sory rights  and  claiius,  such  as  have  been  enu- 
merated, it  will  be  impossible  for  us  to  supi^ort 
that  State  Government,  and  we  shall  at  once 
be  obliged  to  lay  down  the  attributes  of  sov- 
ereignty, and  appear  as  miserable  suppliants, 
asking  to  be  supported  as  paupers  at  the  hands 
of  the  General  Governiuent.  Now,  1  put  it  to 
the  mind  of  every  gentleman  here,  whether  it  is 
not  better  to  meet  this  issue  boldly,  and  not  to 
listen  to  the  suggestions  of  men  who  are  rolling 
in  wealth,  and  occupying  high  positions  in  other 
lands.  I  submit  whether  our  own  pride  of 
character,  and  our  State  pride,  should  not  do 
away  with  those  objections,  even  if  other  argu- 
ments failed.  I  most  sincerely  hope  that  the 
Convention  will  adopt  the  amendment  offered 


10th  day.] 


TAXATION. 


339 


Thursday,] 


ChAPIN NOURSE. 


[July  14. 


by  our  President,  and  then  we  shall  have  no 
half-way  dealing.  I  hope  the  Convention  will 
not  consent  to  the  proposition  of  the  gentleman 
from  Storey,  (Mr.  Tozer,)  to  strike  out  the 
words,  "  mines  and  mining  property,"  and  so 
leave  the  whole  matter  open  to  endless  debate 
and  conflicts  in  the  courts  of  law,  which  will 
have  to  be  carried  on,  without  any  distinct,  de- 
cisive proposition  laid  down  in  the  Constitu- 
tion upon  which  to  base  the  judgment  of  the 
courts,  either  for  or  against  any  issue  that  may 
be  raised.  Let  us,  I  repeat,  meet  the  issue 
squarely.  I  do  not  fear  to  be  found  voting  in 
the  minority,  when  it  is  an  honest  minority.  I 
have  conversed,  I  may  say,  with  hundreds  of 
my  constituents  on  this  subject,  and  they  all 
think  and  say  that  that  class  of  property  which 
has  already  raised  so  many,  and  which  promises 
to  raise  so  many  more,  to  wealth,  should  be 
taxed,  like  all  other  property,  for  the  support 
of  the  Government.  I  do  not  tear  the  issue  be- 
fore them,  but  I  do  fear  the  influence  of  that 
class  of  men  whose  interests  are  not  with  us, 
and  who  care  nothing  for  the  prosperity  of  this 
community,  further  than  that  prosperity  may 
enable  the  community  to  keep  from  the  doors  of 
their  tunnels,  and  from  the  precincts  of  their 
mills,  the  hand  of  the  spoiler. 

What,  I  ask,  would  be  the  consequences  of 
an  intervention  of  a  foreign  power  in  our  Na- 
tional affairs  ?  Gentlemen  may  say  that  that  is 
only  a  scare-crow,  or  a  bugbear  ;  but  where 
would  be  the  objective  point  of  an  invading 
army,  in  such  an  event  ?  Not  the  few  houses 
and  improvements  scattered  through  the  sage- 
brush in  our  State,  but  rather,  they  would  strike 
at  once  at  the  centre  of  our  wealth.  And  who 
would  be  called  upon  to  defend  it?  The  ques- 
tion answers  itself,  and  I  conceive  it  is  unneces- 
sary to  go  fiirther.  Now,  sir,  it  is  necessary 
only  to  lay  down  my  first  proposition,  that  ev- 
ery species  of  property  should  be  equally  taxed, 
and  then  it  follows  in  the  second  place,  that  the 
fallacy  of  the  argument  of  the  gentleman  from 
Esmeralda,  (Mr.  Mason.)  is  entitled  to  no  con- 
sideration, because  custom,  which  is  our  un- 
written law,  destroys  whatever  of  vitality  that 
objection  might  have  had,  even  supposing  it  to 
be  well  grounded.  I  ask  the  members  of  the 
Convention  only  to  consult  what  I  believe  to 
be  their  best  judgment,  and  I  am  confident  that 
the  result  will  be  a  broad,  distinct,  emphatic, 
unmistakable  enunciation  of  the  principle  that 
every  species  of  property  held  by  the  jieople 
of  this  Territory,  or  State,  is  a  legitimate  source 
of  revenue,  and  ought  to  be  required  to  con- 
tribute to  the  support  of  the  system  of  Govern- 
ment under  which  we  hope  to  live. 

[Mr.  McClixton  in  the  Chair.] 

Mr.  CHAPIN.  I  presume.  Mr.  Chairman, 
that  gentlemen  of  the  Convention  are  already 
weary  of  this  discussion,  and  ready  to  vote 
upon  the  question  before  it,  but  I  beg  their 
indulgence  while  I  make  a  few,  and  only 
a  few  remarks,  for  I  am  as  anxious  as  most 
of  them,  to  come  to  a  vote  as  soon  as  we  have 


the  subject  sufficiently    and   properly   venti 
lated. 

There  is  one  point  on  which  I  think  we  are 
all  agreed,  namely,  that  our  prosperity  de- 
pends materially  upon  the  successful  develop- 
ment of  the  mines  in  our  Territory.  The  wealth 
of  our  towns,  and  the  beautiful  and  comfortable 
houses  that  now  surround  us,  are  all  the  results 
of  the  development  of  the  wealth  of  those 
mines.  Without  them,  sir — if  they  were  stricken 
out  of  existence,  or  if  work  M^ere  suspended  for 
a  single  year  in  all  those  mines — we  would  re- 
vert back  at  once  to  the  condition  of  the  old 
days  when  you  could  find  in  our  Territory 
nothing  but  here  and  there  a  way-station  of  the 
overland  route.  The  beautiful  edifices  and  com- 
fortable homes  in  our  towns  and  cities,  would 
be  deserted,  and  given  over  entirely  to  the 
occupancy  of  bats,  donkeys,  and  goats.  For 
what  is  there  to  induce  men  of  enterprise  to 
live  here,  except  the  wealth  of  our  mines  1  Of 
what  value  would  be  all  your  farms  in  the  val- 
leys around  here,  without  the  population  which 
is  employed  by  those  mining  companies — with- 
out the  miners  engaged  in  opening  the  mines 
throughout  the  land '!  Of  what  value,  I  say, 
would  all  this  property  be  without  that  popu- 
lation, to  afford  them  a  market,  and  to  pay  for 
their  produce  those  enormous,  and  more  than 
remunerative  prices,  which  have  heretofore  been 
referred  to  in  this  discussion? 

Now,  we  all  agree  on  that  proposition,  and  1 
think  we  will  all  agree  on  another  proposition, 
namely,  that  it  is  our  duty  to  foster,  protect, 
and  encourage  this  mining  interest.  How 
should  we  do  that?  Why,  sir,  my  idea  is  that 
we  should  do  it  in  the  same  manner  that  the 
State  of  Massachusetts  encourages  the  whale 
fisheries — the  associations  and  incorporations  of 
companies,  who  send  ships  from  New  Bedford 
to  sail  in  search  of  whales  upon  every  sea. 
They  encourage  that  branch  of  industry  in  ev- 
ery possible  way.  It  is  true,  they  may  tax  the 
outfit,  as  we  tax  the  mills,  and  the  machinery  of 
the  mills  ;  but  do  they  tax  the  oil,  or  the  pros- 
pect of  obtaining  the  oil,  before  it  is  brought 
into  market?  No,  sir;  they  wait  till  it  gets 
into  New  Bedford,  and  the  result  is,  that  there 
has  been  built  up  a  magnificent  city,  with  an 
amount  of  wealth  which  affords,  in  the  way  of 
taxation,  hundreds  of  thousands  of  dollars  to 
support  the  Government  of  the  old  Bay  State. 

Mr.  NOURSE.  How  could  they  tax  the 
whales,  which  are  at  large,  in  the  ocean  ? 

Mr.  CHAPIN.  They  could  do  it  with  the 
same  propriety  that  we  might  tax  the  undiscov- 
ered mines  in  the  bowels  of  the  mountains, 
which  it  may  take  a  thousand  years  to  find.  I 
would  rather  take  my  chance  in  chasing  up  the 
whale.  [Laughter.]  They  have  something  tan- 
gible and  valuable,  upon  which  to  levy  their 
tax,  after  the  oil  is  brought  in,  and  they  derive 
a  revenue  from  it.  And  all  I  ask  in  our  own 
case  is,  that  we  shall  be  as  wise  as  they  are— 
that  we  shall  keep  our  hands  oft"  and  refrain 
from  oppressing  the  miner,  and  all  those  asso- 


840 


TAXATION. 


[10th  day. 


Thursday,] 


NocRSE — Chapln — Johnson^DeLong. 


[July  14. 


ciation?  -which  are  investing  their  thousands 
and  tens  of  thousands  of  dollars  in  the  chances 
of  developinjr  new  mines,  until  they  shall  find 
sonietiiing  of  value  which  may  be  a  legitimate 
subject  of  taxation. 

Mr.  NOUKSE.  I  wish  to  make  another  in- 
quirv. 

Mr.  CHAPIN.  The  gentleman  can  interrupt 
me  as  often  as  he  pleases. 

Mr.  XOl'RSE.  I  wish  to  suggest  that  there 
are  no  amendments  proposing  to  tax  any  mines 
which  are  out,side  of  our  limits,  as  the  whales 
are  outside  of  the  limits  of  Massachusetts.  It 
is  onlv  proposed  to  tax  them  within  the  limits 
of  the  State. 

Mr.  CHAPIN.  We  are  talking  about  mines 
in  our  State  ;  that  is  the  question  before  the 
Convention,  and  we  have  nothing  else  under 
discussion  now.  But  it  is  much  easier  to  take 
a  trip  into  the  North  Sea  than  a  trip  into  our 
mountains,  as  my  own  jjcrsonal  experience  has 
demonstrated  during  tlie  last  few  years,  in  sink- 
ing a  good  many  thousands  of  dollars  trying  to 
run  a  harpoon  into  a  good  lead.  Now,  sir,  I 
believe  in  giving  encouragement  to  the  mines, 
and.  as  I  said  in  the  former  Convention,  I  would 
sooner  levy  a  tax  upon  the  people  and  property 
of  this  State  to  offer  a  bounty  for  the  prospect- 
ing, discovery,  and  development  of  our  mines, 
than  1  would  levy  upon  those  mines  an  oppres- 
sive tax.  By  so  doing,  we  would  bring  forth 
and  develo))  wealth.  We  would  get  something 
which  would  be  tangible  —  something  which 
would  bring  in  a  revenue  in  the  future,  far 
greater  than  any  benefit  that  we  could  hope  to 
derive,  if  now,  in  our  infancy,  we  go  to  cum- 
bering the  efforts  of  those  who  are  already 
struggling  under  the  weight  of  their  burdens, 
and  groping  their  way  amid  the  clouds  which 
surround  them.  Look  at  the  effect  produced 
simply  by  the  talk  there  was  six  months  ago,  of 
levying  a  tax  on  our  mines.  That  cloud  began 
to  arise  then,  and  the  whole  community  trem- 
bled. And  beyond  our  own  Territory — in  New 
York,  in  Philadelphia,  and  elsewhere — where 
men  had  shown  a  disjiosition  to  deal  in  our 
mines,  they  l)egan  to  stand  aloof  and  to  hasten 
into  the  market  with  their  stocks,  in  view  of 
the  tiireatened  taxation.  And  what  has  been 
the  result,  during  the  last  six  months?  Why, 
sir,  many  of  our  best  mining  stocks  have  gone 
down  five  hundred  per  cent  in  that  time. 

Mr.  J<  )IINSON.  I  wish  to  ask  tlie  gentleman 
a  question.  Does  he  attriliute  the  dcjircssion 
of  which  he  speaks  to  the  fact  that  holders  of 
stocks  abroad  forced  t*iem  into  the  market? 

Mr.  CIIAPIX.     Somewhat ;  but  not  wholly. 

Mr.  .JOHNSON.  Has  the  gentleman  any  in- 
formation as  to  how  much  of  those  stocks  were 
iK'ld  ))y  i)ersons  living  outside  of  San  Francis- 
co, and  outside  of  this  Teri'itory;  or  how  much 
wen-  held  in  New  York,  or  elsewhere  abroad? 

.Mr.  CHAPIN.  I  have  not  the  data,  but  a 
large  ■.miount  is  held  outside,  and  held,  too,  by 
parties  whom  we  should  be  glad  to  interest 
more  and  more  in  our  mines. 


Mr.  JOHNSON.  Does  the  gentleman  know 
a  single  person  outside  of  California  and  this 
Territory,  who  has  forced  his  stock  upon  the 
market  ? 

Mr.  CHAPIN.     I  have  been  so  informed. 

Mr.  JOHNSON.  Will  the  gentleman  state 
the  particulars,  or  specify  a  single  instance  ? 

Mr.  CHAPIN.  I  have  not  the  data,  as  I  said 
before. 

Mr.  DeLONG.  The  stock  circulars  show  it ; 
they  show  that  parties  outside  of  California 
and  this  Territory  have  done  it. 

Mr.  JOHNSON.  I  hope  the  gentleman  will 
produce  the  authority.  Where  he  can  show 
that  one  man  abroad  has  forced  a  single  foot  of 
stock  on  the  market,  I  will  show  where  ten  feet 
have  been  thrown  into  the  market  in  California 
and  this  Territory. 

Mr.  DeLONG.  I  will  agree  to  that ;  I  think 
I  can  furnish  the  data. 

Mr.  CHAPIN.  I  hope  I  may  be  allowed  to 
proceed  with  my  remarks.  I  say  it  is  bad  pol- 
icy to  depress  the  mines,  for  upon  them  we  de- 
pend for  our  prosperity.  That  tax  which  Con- 
gress threatened  to  fasten  upon  us,  although  it 
was  only  a  threat,  has  done  its  work,  by  de- 
pressing the  value  of  the  mines  to  a  great  ex- 
tent ;  and  now  shall  we  add  another  depressing 
influence  of  the  same  kind,  here  at  home — we, 
who  should  feel  the  importance  of  the  encour- 
agement and  development  of  the  mines  more 
than  all  others  ?  I  say  it  is  not  good  policy  for 
us,  as  business  men,  to  do  it.  I  am  free  to  say, 
Mr.  Chairman,  that  I  have  much  more  property 
on  the  surface  than  I  have  in  the  mines  ;  and 
that  my  particular  interests  would  be  promoted, 
perhaps  as  much  as  the  interests  of  those  who 
occupy  ranches,  by  levying  a  tax  on  the  mines. 
I  stand  in  that  respect  in  the  same  position  as 
the  owners  of  ranches.  But  I  believe  that  if 
you  allow  anything  to  be  placed  in  this  instru- 
ment tending  to  depress  our  mines,  they  will 
go  down  to  a  fearful  percentage  below  their 
true  value.  I  had  rather  be  assessed  to  keep 
them  up ;  and  I  believe  that  the  outside  and 
surface  property,  as  it  is  called,  would  become 
so  much  more  valuable  as  to  compensate  for 
the  whole  of  that  assessment. 

My  colleague  (Mr.  Collins)  has  informed  you 
that  the  surface  property  alone,  in  our  county 
of  Storey,  amounts  to  about  fifteen  millions  of 
dollars — that  is,  just  the  surface  property  alone. 
Now  let  me  ask  gentlemen  where  that  amount 
of  property  has  come  from  ?  Why  is  it  there, 
upon  that  rugged  mountain  side  and  mountain 
top  ?  how  came  it  there  ?  It  is  the  result, 
entirely,  of  the  development  of  a  few  mines. 
It  is  a  paralhd  case  with  New  Bedford,  and  the 
beautiful  towns  on  Cape  Cod,  which  have  all  been 
built  up  by  the  enterprise  of  those  who  delve 
in  the  depths  of  the  sea,  as  we  delve  in  the 
de])ths  of  the  mountains.  Is  there  not  proper- 
ty enough  to  carry  on  our  State  without  taxing 
the  mines  ?  Wait  a  few  years  longer,  and  we 
will  give  you  fifteen  millions  more  of  surface 
property  in  Storey  County,  and  you  can  tay 


10th  day.] 


TAXATION. 


341 


Thursday,] 


Collins. 


[July  14. 


that ;  but  I  entreat  you  not  to  lay  a  greater 
burden  upon  the  mines  by  taxation.  If  you 
will  not  do  that,  all  our  interests  will  go  on 
prospering  together. 

Now,  to  come  right  down  to  the  jioint — for  I 
do  not  want  to  occupy  much  more  time — I  am 
in  favor  of  the  amendment  proposed  by  my 
colleague  (Mr.  Tozer.)  I  am  in  favor  of  leav- 
ing it  for  the  wisdom  of  the  Legislature  to  pre- 
scribe and  carry  out  the  mode  of  taxation.  In 
regard  to  the  substitute  offered  by  the  gentle- 
man from  Ormsby.  (Mr.  Johnson.)  I  think,  in  a 
few  words,  that  it  is  a  little  worse  than  the  orig- 
inal section.  I  would  prefer  it  as  it  stands  here 
in  the  original,  because  the  gentleman  comes 
down  on  us  with  strong  and  substantial  language, 
drawn  just  like  the  work  of  a  lawyer,  and  says 
that  all  property,  possessory  rights,  and  claims, 
shall  be  taxed  according  to  their  true  value  in 
money.  He  fixes  everything,  and  ties  it  down,  so 
that  there  can  l)e  no  escape  whatever.  [Laugh- 
ter.] I  would  prefer  to  be  allowed  to  vote  for 
the  old  Section  1  of  Article  X. 

Mr.  COLLINS.  I  do  not  share  in  the  feelings 
of  my  colleague  (Mr.  Chapin)  in  regard  to  the 
consumption  of  time  on  this  subject,  for  I  re- 
gard it  as  a  question  of  too  much  importance 
to  be  passed  over  lightly.  It  is  a  question  that 
challenges  our  deepest  concern.  It  is  on  this 
very  question  that  hinges  the  ijossibility  of  our 
maintaining  a  State  Government.  And,  for 
one,  I  do  not  want,  as  I  said  this  morning,  to 
launch  our  Constitution  and  State  Government 
upon  the  waters  of  experiment,  unless  there 
can  be  some  evidence  that  we  have  in  our 
midst  the  means  adequate  to  maintain  that 
government. 

My  friend  and  colleague,  a  gentleman  whom 
I  highly  esteem,  and  who  I  believe  is  always 
governed  by  the  highest  convictions  of  duty 
and  of  right,  takes  a  different  view  from  my- 
self on  this  question  of  taxing  the  mines.  He 
lays  down  the  proposition,  that  the  mines  need 
encouragement.  AVell.  I  admit  that.  Every 
interest  needs  encouragement.  But  the  mines 
of  this  Territory  have  challenged  the  avarice 
and  cupidity  of  the  capital  of  the  world,  and 
you  might  as  well  attempt  to  knock  the  dong 
out  of  a  bell,  as  to  prevent  these  mines  from 
being  known  and  prospected.  The  world 
will  come  here  ;  capital  will  come  here  :  and 
though  capitalists  may  be  defeated  in  one  oper- 
ation, they  will  nevertheless  make  their  invest- 
ments in  another.  The  mines  must,  and  will 
be.  prospected. 

Now.  my  friend  has,  unfortunately,  I  think, 
alluded  to  the  whale-fishery,  and  to  other  pro- 
tective eftbrts  of  governments,  for  the  develop- 
ment of  particular  interests.  Why  has  Govern- 
ment ottered  bounties  for  the  protection  of 
those  interests  ?  Because  they  were  trembling 
and  feeble,  not  possessing  sufficient  vitality  to 
bring  forth  the  elements  of  success.  And  by 
means  of  the  encouragement  which  the  Gov- 
ernment lent,  they  have  acquired  sufficient 
vitality  to  go  forth  and  organize  themselves 


for  the  carrying  on  of  those  enterprises,  by 
which  they  have  become  vigorous  institutions. 
Thus  has  the  whale-fishery  grown  into  an  insti- 
tution of  great  importance,  and  thus  has  the 
cod-fishery,  also,  grown  up  to  be  an  important 
institution.  And  it  is  the  same  with  all  the 
other  interests  which  are  protected  and  encour- 
aged in  the  same  way,  and  which  have  in  like 
manner  grown  up  into  importance.  It  was  the 
far-seeing  statesmanship  of  Henry  Clay,  and 
some  other  great  men  of  that  period,  that 
brought  our  manufacturing  interests  up,  so  that 
broadcloths  were  reduced  in  price  from  ten 
and  fourteen  dollars,  to  two  and  three  dollars 
per  yard.  It  was  this  protection  of  the  weak 
interests,  which  built  up  those  interests. 

But  is  this  any  reason  why  they  should  not 
bear  their  share  of  the  burdens  of  Government? 
Go  into  the  West,  and  see  how  such  a  rule 
would  apply  there.  The  farmers  might  say, 
"  Look  at  the  beautiful  villages  around  us ; 
they  are  all  built  up  by  the  product  of  our 
farms  ;  and  now  do  you  mean  to  tax  us  for  the 
support  of  the  Government,  when  we  have 
built  up  so  much  other  property  ? "  But  you 
would  not  for  that  reason  exempt  them  and 
thi-ow  the  whole  burden  upon  the  weaker  in- 
stitutions, which  are  struggling,  perhaps,  against 
foreign  competition.  Yet  that  would  be  just 
as  rational  and  reasonable.  I  think,  as  the  ar- 
gument of  my  excellent  friend  and  colleague 
from  Storey  County.  Now,  what  is  the  weak 
interest  of  this  Territory?  Why,  sir,  during 
the  last  two  or  three  years,  as  it  seems  to  me, 
one  of  the  weak  interests  of  the  Territory  has 
been  that  of  the  mill-men.  We  have  to-day 
more  rock  than  we  have  mills  to  crush  it. 
The  mines  are  competent  to  get  out  more 
ore  than  the  mills  are  competent  to  reduce  : 
ei'go,  the  mills  should  be  exempted  from  taxa- 
tion, and  not  the  mines !  That  is  one  of  our 
great  interests,  then,  requiring  protection,  for 
we  certainly  do  want  more  mills.  I  will  be 
borne  out  in  this  by  the  gentleman  from  Lan- 
der. (Mr.  Warwick,)  and  I  think  also  by  the 
gentleman  from  Humboldt  (Mr,  Banks.)  '  The 
gentleman  from  Lander  tells  us,  that  if  they 
had  ten  times  as  many  mills  in  his  county,  there 
would  be  a  sufficient  amount  of  rock  to  keep 
them  in  operation  night  and  day.  Go  to  Vir- 
ginia City,  and  look  at  the  vast  accumulations 
there  of  cheap  rock,  which,  in  consequence  of 
the  high  pi-ice  of  mill  privileges,  the  failure  of 
the  mills  for  the  want  of  water,  and  the  lack  of 
cheap  means  of  transportation,  will  not  com- 
pensate the  miners  for  crushing.  Then  if  we 
refer  to  the  high  price  of  living  for  the  miner, 
we  shall  find  that  another  weak  interest  is  that 
of  the  railroad,  and  that  ought  to  be  protected 
by  a  premium.  Then  there  is  the  want  of 
water.  The  man  who  will  dive  down  deep 
into  the  earth,  not  in  search  of  rich  mines,  or 
deposits  of  ores,  but  to  bore  for  those  Artesian 
wells  and  springs  which  will  give  us  mill-power, 
and  the  means  of  irrigation  ;  the  man  who  will 
fui'nish  us  the  means  of  irrigating  our  lands,  so 


342 


TAXATION. 


[loth  day. 


Thursday,] 


Chapin— Collins— Earl— Johnson. 


[July  14. 


as  to  enable  us  to  obtain  the  products  of  the 
earth  seventy-five,  eighty,  or  ninety  per  cent, 
cheaper  thaii  the  present  prices,  should,  most 
assuredlv.  receive  a  premium.  These  are  the 
things  which  need  protection  ;  and  just  as  soon 
as  we  turn  our  minds  and  thoughts  in  the  direc- 
tion of  true  statesmanship,  and  look  at  the 
public  interests  which  require  protection,  in- 
stead of  the  interests  of  the  mines,  which  are 
potent  enough  to  take  care  of  themselves,  we 
shall  arrive  at  au  idea  of  great  importance  to 
our  conununity. 

Now,  as  to  this  idea  which  my  particular 
and  excellent  friend  entertains,  that  the  fall  of 
our  stocks  is  the  result  of  the  threatened  tax 
ujtnn  the  mines,  or  upon  the  products  of  the 
udnes — however  unwise  I  regard  it  on  the  part 
of  Congress  to  entertain  the  idea  of  that  pro- 
ject for  a  moment,  and  I  think  it  was  injudi- 
cious in  the  highest  degree— still  I  do  not  think 
it  has  had  an  influence  in  depressing  the  mines 
to  the  amount  of  one-fifth  of  one  per  cent.  I 
do  not  believe  it  has  had  any  practical  influ- 
ence upon  them  at  all.  But  I  apprehend  there 
arc  other  causes  for  that  depression,  of  which 
tills  is  not  the  time  nor  place  to  speak  ;  but  if 
I  had  the  time.  I  think  I  could  show  you  a  hun- 
dred and  one  reasons,  each  one  more  potent  in 
its  operation  in  that  regard,  than  those  to  which 
the  gentleman  alludes.  Now  I  want  gentle- 
men of  this  Convention  to  look  at  the  policy  of 
this  thing — 

Mr.  CHAPIN.  ^Vill  my  colleague  allow  me 
to  correct  him  in  one  statement. 

Mr.  COLLINS.  Certainly  ;  I  hope  to  be  cor- 
rected whenever  I  am  in  error. 

Mr.  CHAPIN.  My  remarks  in  reference  to 
that  i)oiut  WL-re  not  alone  in  relation  to  the  de- 
pression occasioned  by  the  apprehended  action 
of  the  Government ;  but  what  I  had  in  view 
also,  was  the  fact  that  Congress  looks  upon  our 
mining  interests  as  something  different  from 
any  other  projierty,  and  was  proposing  to  levy 
a  peculiar  and  special  tax  upon  that  description 
of  jiroperty.  dilfcrent  from  the  tax  levied  upon 
farms,  or  upon  anything  else,  and  therefore 
people  had  taken  the  alarm. 

Mr.  COLLINS.  This  will  bring  me  back,  for 
a  moment,  to  the  consideration  of  our  Enabling 
Act.  (jlentlenu'n  learned  in  the  law  have  given 
it  as  their  o])inion  that  v. e  cannot  tax  the 
mines.  Ijecause  Cmigress.  in  framing  the  En- 
aljliiig  Act,  has  forbidden  it.  Now,  who  be- 
lieves—what lawyer  will  venture  his  reputation 
as  a  legal  man  upon  the  assertion — that  Con- 
gress, in  emi)loying  the  language  used  in  that 
Enabling  Act,  had  any  reference  whatever  to 
this  extensive  class  of  projjerty  existing  in  our 
Territory?  I  think,  if  you  attem))t  to  lax  the 
proiK-rty  of  the  United  States  at  Fort  Churchill, 
or  any  other  segregated  propeily  belonging 
to  the  Or)vernment  in  this  Tenitory,  you  would 
find  that  the  Goveiiinient  would  resist  such 
taxation  :  liut  if  I  have  in  the  city  of  Virginia, 
a  lot  of  land,  and  the  Federal  Government 
wants  it  for  purposes  of  its  own,  the  Federal 


Government  will  send  agents  to  negotiate  with 
me,  and  will  pay  me  its  full  value  for  it. 
And  so  of  every  other  kind  of  property  in  this 
Territory,  which  has  not  been  segregated  by 
the  Federal  Government.  The  farms,  and  the 
mines,  and  every  description  of  property  held 
by  possessory  title,  were  not  in  the  mind  of  the 
drafter  of  that  Enabling  Act,  but  simply  the 
property  claimed,  held,  and  possessed  by  the 
Federal  Government,  for  its  immediate  wants 
and  uses.  That  has  been  the  course  of  the 
Government,  so  far  as  I  have  been  able  to  trace 
it.  all  along  through  its  history  of  eighty-eight 
years. 

Now,  sir,  I  would  like  to  have  my  distinguish- 
ed friend  and  colleague,  and  all  the  other  gen- 
tlemen, who  have  so  eloquently  opposed  this 
amendment,  give  us  some  substantive,  practical 
idea  of  a  plan  by  which  this  State  Government 
can  certainly  be  supported,  without  taxing  the 
mines.  Anything  that  will  relieve  from  taxation 
those  smaller  claims,  which  the  laboring  men 
of  the  Territory  are  at  work  upon,  and  in  which 
they  have  invested  their  hopes,  I  will  most 
heartily  and  joyfully  support,  if  I  can. 

Mr.  EARL.  I  wish  to  aslc  my  colleague  a 
question.  It  is  whether  or  not,  under  the 
amendment  of  my  other  colleague,  (Mr.  Tozer,) 
the  Legislature  have  the  right  to  tax  the  gross 
proceeds  of  the  mines? 

Mr.  COLLINS.  I  am  willing  to  accept  the 
amendment  of  my  friend  and  colleague,  (Mr. 
Tozer,)  if  he  will  allow^  one  word  to  be  inserted 
there.     I  will  read  it  as  it  would  then  stand  : — 

Section  1.  The  Legislature  shall  pro\'ide  by  law 
for  a  imiform  and  equal  rate  of  assessment  and  taxa- 
tion, and  shall  prescribe  such  regulations  as  shall  se- 
cure a  just  valuation  for  taxation  of  all  property,  both 
real,  possessory,  and  personal. 

If  he  will  accept  that  word  "  possessory,"  I 
will  vote  for  it,  for  in  that  I  see  many  advan- 
tages over  the  amendment  proposed  by  the 
gentleman  from  Ormsby,  (Mr,  Johnson.) 

Mr.  JOHNSON.  Right  there  we  seem  to 
make  an  issue,  and  if  the  gentleman  will  allow 
me,  I  will  ask  him  what  distinction  he  makes 
between  the  words  "'possessory  claims,"  and 
"possessory  rights?"  For,  I  have  used  the 
word  "  possessory  "  in  my  amendment.  Now, 
in  what  sense  does  the  gentleman  regard  the 
distinction  as  existing? 

Mr.  COLLINS.  I  will  give  the  gentleman, 
very  gladly,  my  views  on  that  question,  for  I 
hope  we  may  always  be  clear  and  distinct  in 
the  enunciation  of  our  opinions,  in  order  that 
the  people  may  understand  what  we  do.  I 
have  a  desire  always  to  present  my  views  in  a 
form  which  will  be  least  offensive  to  the  com- 
uMinity.  and  to  my  associates.  In  conversing 
with  a  gentleman.  1  might  express  my  thoughts 
in  a  very  ott'ensive  manner  ;  whereas,  by  cloth- 
ing them  in  the  language  of  a  gentleman,  they 
would  not  be  offensive.  Now,  I  will  remind 
the  gentlenum  that  there  is  nothing  ujjou  which 
the  mining  interest  is  more  sensitive  than  in  re- 
gard to  taxing  the  mines— not  in  regard  to  tax- 


10th  day.] 


TAXATION. 


343 


Thursday,] 


JoHxsox — Collins. 


[July  14. 


ing  the  wealthy  mines,  however,  for  I  do  not 
beliere  that  their  owners  will  make  any  great 
opposition  to  being  taxed,  because  it  is  so  man- 
ifest that  they  ought  to  contribute  towards  the 
support  of  the  Government.  But  it  is  the  weak. 
low  grade  of  mines — the  miners  who  have 
claims  which  they  hold  at  from  one  dollar  to 
five  dollars  a  foot,  and  which,  they  hope,  in 
time,  may  be  equal  in  value  perhaps  to  the 
Ophu'  itself — it  is  from  this  class  that  the  op- 
position will  come,  if  any  shall  be  made.  And 
if  I  could  make  the  language  strong  enough 
without  using  the  word  •■  claim,"  I  would  not 
use  that  word,  because  with  the  miner,  the 
word  '■  claim  "  is  associated  with  a  mining 
claim,  but  is  not  associated  at  all  with  an  agri- 
cultural claim.  And  on  the  stump,  my  friend 
fi"om  Humboldt,  (Mr.  Dunne.)  whose  mind  is  so 
clear,  who  is  such  a  skilful  advocate,  that  he 
can  draw  conclusions  from  very  weak  premises 
— would  make  a  great  handle  of  that  word 
"  claim."  And  if  you  take  the  case  of  a  man 
who  is  less  consciencious,  and  who,  right  or 
wrong,  might  be  determined  to  defeat  the  Con- 
stitution, you  give  him.  by  using  that  word,  the 
means  of  inflaming  an  audience  of  miners  al- 
most to  desperation,  so  as  to  make  them  blind 
to  everything  that  is  good  in  your  Constitution, 
For  that  reason,  I  would  remove  the  word 
"  claim,'-  because  it  would  not  strengthen  the 
language  of  the  section,  in  the  least.  I  think 
that  those  three  words,  "  real,''  "  personal,"  and 
"mixed,"  or  "possessory,"  cover  all  the  prop- 
erty there  is  in  the  Territory.  This  word 
'•  claim,"  in  the  amendment  of  the  gentleman 
from  Ormsby,  is  therefore  useless,  although  if 
it  could  add  any  real  strength  to  the  section,  I 
should  be  willing  to  vote  tor  it, 

Mr.  JOHXS(JN.  I  will  ask  the  gentleman, 
does  he  want  to  give  the  language  of  this  sec- 
tion strength  before  the  people,  or  in  the  Con- 
vention ?  I  would  like  to  know  whether  he 
desires  to  add  strength  to  the  constitutional 
provision,  or  merely  to  add  strength  to  the  ar- 
gument before  the  people,  who  are  to  vote  upon 
the  Constitution  ? 

Mi\  COLLINS.  Here  is  a  provision,  in  the 
old  Constitution,  with  which  the  public  mind 
of  the  Territory  has  become  perfectly  familiar, 
and  the  only  objection  to  it  has  been  that  it  in- 
cluded the  words,  "  mines  and  mining  proper- 
ty," Now,  I  introduced  that  clause,  in  the 
committee  of  the  Convention  of  last  year,  and 
it  was  the  last  thing  I  did  before  my  illness.  I 
introduced  those  words,  "  mines  and  mining 
property,"  and  I  did  that,  in  order  that  we 
might  go  before  the  people  with  a  fair  under- 
standing ;  not  that  the  section  gains  any  strength 
from  that  language,  but  to  prevent  any  possible 
quibble  or  evasion.  The  public  mind  of  the 
Territory,  from  one  end  to  the  other,  has  be- 
come perfectly  familiar  with  that  language,  and 
it  is  well  understood  that  the  people  would  be 
satisfied  with  that  section,  with  those  words 
stricken  out.  But  another  objection  has  been 
raised  here  to-day,  and  to  make  that  matter 


I  more  clear,  in  consequence  of  the  language  of 
j  the  Enabling  Act,  which  says  that  we  shall  not 
tax  the  property  of  the  United  States,  it  has 
j  been  deemed  by  gentlemen  here  for  whom  I 
I  have  the  most  profound  respect,  that  the  inser- 
I  tion  of  the  word  "  possessory,"  would  be  of 
value.  I  think  so,  also,  and"  therefore  I  say, 
the  only  alteration  I  would  make,  after  striking 
out  the  words,  "  including  mines  and  mining 
property,"  would  be  to  insert  that  word  "  pos- 
sessory." 

Mr.  JOHNSON.  Will  the  gentleman  answer 
the  question  which  I  have  asked  him— whether 
he  desires  to  impart  strength  to  the  provision 
in  the  Constitution  by  using  words  which  will 
leave  it  without  doubt  that  the  mines  are  to  be 
taxed,  or  to  add  strength  to  the  argument  be- 
fore the  people,  when  the  Constitution  goes 
before  them  ?  Does  he  wish  to  use  the  word 
"  possessory,"  to  add  strength  in  the  Constitu- 
tion, or  for  the  sake  of  the  argument  before  the 
people  ? 

Mr.  COLLINS.  I  am  decidedly  in  favor  of 
adding  strength  to  the  Constitution. 

Mr.  JOHNSON.  If  that  be  so,  and  the  word 
"  claim  "  be  used,  I  would  ask  the  gentleman 
further,  whether  there  is  any  difference  in  the 
application  of  that  word  "  claim,"  whether  it 
be  applied  to  that  which  is  worth  a  dollar  a 
foot,  or  to  that  which  is  worth  a  thousand  dol- 
lars a  foot  ?  If  applicable  to  a  mining  claim  at 
all,  can  there  be  any  distinction  between  that 
which  is  worth  a  dollar,  and  that  which  is 
worth  a  thousand  dollars  a  foot? 

Mr.  COLLINS.  I  conceive  that  this  word 
'•  possessory,"  which  I  have  introduced,  makes 
the  section  as  strong  as  the  English  language 
can  make  it. 

Mr.  JOHNSON.  Will  the  gentleman  answer 
my  question,  since  he  has  given  me  permission 
to  ask  it  ?  I  will  repeat  the  question,  so  that  it 
cannot  be  misunderstood.  It  is,  whether  he 
conceives  that  there  is  any  difference  in  the  ap- 
plication of  the  word  "claim"  to  a  mining 
claim,  whether  it  is  one  which  is  worth  only  a 
dollar,  or  ten  dollars  a  foot,  or  one  that  is  worth 
a  thousand,  or  ten  thousand  dollars  a  foot? 

Mr.  COLLINS.  I  do  not  think  the  word 
"  claim"  gives  the  least  value,  directly — 

Mr.  JOHNSON.  Is  there  any  difference, 
my  question  is,  in  the  application  of  that  word, 
between  a  claim  which  is  worth  a  dollar  a  foot, 
and  one  which  is  worth  ten  thousand  dollars  a 
foot? 

Mr.  COLLINS.  I  think  not ;  either  to  a  house- 
lot,  a  farm,  or  to  anything  else.  The  point 
with  me,  is  this  :  This  section  is  familiar  to  the 
public  mind,  from  one  end  of  the  Territory  to 
the  other,  as  I  before  remarked.  It  has  been 
canvassed  thoroughly,  and  it  has  been  accepted 
by  ranch-men,  by  miners,  and  by  everybody 
else,  as  all  that  can  be  required.  It  is  believed 
that  through  it,  with  the  words.  "  mines  and 
mining  property  "  stricken  out,  the  mines  and 
all  mining  property  will  be  taxed  ;  for  it  is  not 
for  the  purpose  of  avoiding  the  taxation  of  the 


344 


TAXATION. 


[10th  day. 


Thursday.] 


Johnson — Collixs. 


[July  14. 


mines,  but  simply  because  the  words  are  sur- 
plusage, just  as  the  gentleman's  word  "  claim  " 
is  surplusage,  that  we  wish  to  strike  them  out. 
The  section  is  just  as  strong  without  those 
words.  But  the  words  "  mines  and  mining 
property."  have  awakened  a  powerful  opposi- 
tion among  the  miners,  and  if  we  strike  out 
those  objectionable  words,  and  put  in  the  word 
"  claim.""  that  would  still  operate  to  excite 
them  intensely.  Therefore,  I  am  in  favor  of 
using  such  language  as  shall  answer  all  the 
purposes  of  the  Government  for  taxation,  but 
which  shall  not,  at  the  same  time,  tend  in  its 
operation  to  stimulate  and  excite  the  minds  of 
the  mining  community.  I  believe  that  is  wise. 
I  do  not  think,  Ijecause  I  may  have  a  difference 
in  opinion  with  a  friend,  that  I  should  place 
my  language  in  the  most  otl'ensive  form,  when 
I  communicate  with  him.  On  the  contrary,  I 
think  that  if  I  have  the  correct  idea — as  a  gen- 
tleman of  caution,  as  a  gentleman  of  discre- 
tion, as  one  who  means  to  carry  a  point  harm- 
lessly— I  should  frame  my  language  cautiously 
and  courteously,  but  with  perspicuity. 

But  again,  I  say,  if  any  gentleman  will  intro- 
duce an  amendment  that  shall  relieve  that  small 
class  of  miners — the  men  who  locate  their  own 
claims — the  men,  who,  with  pick  and  shovel, 
penetrate  the  bowels  of  the  earth,  horizontally, 
perpendicularly,  or  on  an  incline — those  men 
whose  only  wealth  is  their  hope — if  we  can  re- 
lieve them  from  taxation,  I  say,  I  shall  be  glad 
to  do  it.  But  you  know,  as  well  as  I  do,  that 
when  a  mine  becomes  worth  five,  ten,  or  twenty 
dollars  a  foot,  foreign  capital  comes  in,  anil 
gobbles  it  up.  The  scriptures  tell  us  to  love 
our  neighbors  as  ourselves,  but  it  does  not  tell 
us  that  we  must  love  the  non-resident  better 
than  we  do  the  citizen,  nor  that  foreign  capital 
should  be  allowed  to  come  in  and  draw  cent- 
per-cent  from  our  mines,  and  that  we  should 
relieve  it  altogether  from  taxation.  That  is  nei- 
ther just  nor  proper.  But  the  poor  miners,  and 
not  only  them,  but  laboring  men  of  all  classes 
and  descriptions,  I  would  like  to  see  exempted. 
If  that  cannot  1)0  done,  if  we  must  lay  the  axe 
at  the  root  of  the  tree,  and  allow  no  exemption, 
even  for  charitable,  or  religious  purposes,  the 
poor  miner,  or  the  poor  farmer,  then  I  say  let 
us  take  the  whole  Section  1,  of  Article  X,'and, 
with  the  amendment  which  I  have  suggested, 
adopt  it. 

.Mr.  JOHNSON.  I  do  not  know  that  any- 
thing I  can  say  will  have  any  influence  upon 
the  action  of  meml)ers,  but  as  we  pass  along,  I 
will  say  this,  that  no  man  in  the  Convention 
or  out  of  it,  shall  ever  have  occasion  to  say  that 
I  have  used  a  word  of  argument,  or  advocated 
any  one  proposition,  that  was  calculated  to 
cover  over  anything,  or  to  secure  any  end  by 
suiTejjtitious  means. 

Mr.  COLUNS.  Does  the  gentleman  mean  to 
convcv  the  idt-a  that  I  have  done  so  ? 

Mr.  JOHNSON.  No,  sir;  1  did  not  say 
that ;  luit  when  I  get  through,  if  I  shall  have 
said  anything  unparliamentary,  I  will  subject 


myself  to  the  censure  of  the  gentleman  from 
Storey. 

I  assume  this  proposition,  that  no  man  thus 
far  has  heard  me  speak  upon  any  subject,  but 
knows  that  I  have  been  unmistakably  in  fa- 
vor of  whatever  poposition  I  have  attempted 
to  advance,  and  when  I  have  advocated  the 
placing  of  any  words  in  this  instrument,  it  has 
only  been  to  incorporate  such  words  therein 
that  the  simplest  in  the  land,  upon  reading 
them,  might  understand  what  they  meant.  I 
have  not  avoided  the  responsibility  of  incor- 
porating words  which  might  be  offensive  to 
a  portion  of  the  tax-payers  of  this  State  that  is 
to  be.  But  I  have  sedulously  sought  to  do  this, 
starting  out  with  the  broad  proposition  that  all 
property — whether  it  be  in  the  mines,  or  not — 
of  little  value  or  great  value — or  whether  it  be 
in  houses,  in  goods,  in  stocks,  or  anything  else — • 
should,  according  to  the  value  of  that  property, 
contribute  its  quota,  ratably,  to  the  support  of 
the  Government.  And  what  I  liave  intended, 
or  have  sought  to  i^lace  in  this  instrument, 
has  been  with  the  intention  and  purpose  of 
carrying  out  that  view,  without  assimilating 
or  conforming  my  language  to  what  people 
might  think  was  or  was  not  due  to  a  sense  of 
propriety.  Now,  sir,  I  have  thought,  and  I  do 
still  think,  that  if  it  is  the  purpose  and  intention 
of  members  of  this  Convention  to  provide  that 
all  property  and  possessory  claims,  Mdiether  of 
such  description  of  property  of  which  the  title 
in  fee  is  in  the  individual,  or  of  that  property 
whei'e  the  title  is  in  the  Government,  but  the 
individual  has  the  possessory  right,  shall  be  tax- 
ed according  to  the  value  of  that  property  or 
possessory  right — its  value  in  money,  using  the 
language  of  the  amendment — that  those  who 
own  or  claim  such  property,  shall  contribute 
their  proportion  to  the  support  of  the  Govern- 
ment, then  the  Convention  should  say  so,  in  this 
Constitution,  in  unequivocal  language. 

Now,  sir,  I  must  say,  in  all  candor  and  frank- 
ness, to  my  friend  from  Storey,  (Mr.  Collins,) 
that  after  all  the  various  questions  which  1  pro- 
pounded to  him,  I  was  not  able  to  deduce  from 
his  answers  to  those  questions,  the  conclusion 
whether  he  was  for  or  against  the  taxing  of 
property  and  possessory  rights,  according  to 
their  value.  If  the  word  "  claim  '"  applies,  and 
is  obnoxious  because  it  is  peculiarly  applica- 
ble to  the  small  class  of  claims,  or  the  holding 
of  small  priced  claims — if  that  is  the  sense  of 
the  gentleman's  objection — I  cannot  see,  ibr  the 
life  of  me,  why  the  word  is  not  equally  obnox- 
ious, and  equally  applicable,  to  those  claims 
which  are  of  a  higher  class.  And  if  the  striking 
out  of  that  word  will,  in  its  operation,  exempt 
those  which  are  of  the  smaller  class,  those  who 
have  claims  that  are  worth  a  dollar,  or  five  dol- 
lars, or  ten  dollars  a  foot,  I  cannot  see  why  it 
should  not  also  exclude  those  which  are  worth 
a  thousand,  or  ten  thousand  dollars  a  foot.  If 
the  word  "  claim  "  has  any  significance.  I  desire 
to  retain  it,  and  from  the  remarks  of  gentlemen 
it  is  apparent  that  it  has  some  peculiar  import, 


10th  day.] 


TAXATION. 


345 


Thursday,] 


Fitch — Johxson — Earl — DeLoxg. 


[July  14. 


else  there  would  not  be  so  much  objection 
to  it  from  the  other  gentlemen  who  are  advo- 
cating the  striking  out  of  those  words.  If  it 
Avere  not  objectionable  to  them  they  would 
consent  to  its  use,  notwithstanding  that  they 
might  regard  it  only  as  surplusage  —  they 
would  accept  the  word,  for  all  that.  But  the 
fact  is  that  it  has  a  significance,  as  applicable 
to  mining  property  beyond  that  which  is  ap- 
parent upon  the  surface. 

Now.  sir,  we  know,  and  all  gentlemen  who 
have  lived  in  new  States  know,  the  peculiar 
applicability  of  the  term  "  possessory  rights." 
It  is  ordinarily  applicable  to  the  right  of  pos- 
session which  the  individual  has  to  agricultural 
and  grazing  lands.  The  word  "  claim,"'  how- 
ever, is  a  word  which,  although  in  itself  it  im- 
ports not  a  great  deal,  yet  in  the  experience  of 
those  who  have  lived  for  years  in  a  mining 
community,  it  denotes  a  great  deal.  Every 
man  here  knows  full  well  that  it  has  a  local 
signification  and  meaning  —  a  meaning  which 
cannot  be  misunderstood,  because  it  has  been 
so  long  employed  and  used  in  a  peculiar  sense. 
But  m\'  friend  from  Storey  fears  that  when  that 
word  is  used  in  the  Constitution  it  will  exert 
some  tremendous  power  to  prevent  the  miners 
from  voting  for  the  Constitution.  Because 
why  ?  Not,  says  he,  because  of  any  particular 
significance  it  has. 

Mr.  FITCH  [interrupting.]  Will  the  gentle- 
man allow  me  to  ask  him  a  question  ?  Would 
he  be  in  favor  of  allowing  the  section  to  pass, 
with  the  words  "  mines  and  mining  property  " 
stricken  out?  or  would  he  prefer  to  have  it 
definitely  stated  that  mines  shall  not  be  taxed? 

Mr.  JOHNSON.  No,  sir.  I  am  in  favor, 
now,  henceforth,  and  forever,  of  the  one  broad 
projjosition,  that  all  property,  and  possessory 
rights,  as  well  as  other  property — everything 
that  can  be  converted  into  money — shall,  upon 
the  basis  of  its  valuation,  be  made  to  contribute 
to  the  support  of  the  Government ;  and  for  the 
reason  which  I  gave  the  gentleman  this  morn- 
ing, and  the  gentleman's  memory  cannot  be 
wholly  at  fault  as  to  that. 

Mr.  FITCH.  The  gentleman  misapprehends 
my  question. 

Mr.  JOHNSON.  I  will  accept  of  any  propo- 
sition which  will  tax  every  species  of  property 
that  has  a  cash  market  value. 

Mr.  FITCH.  AVhat  I  wish  to  ask  is  this  : 
both  propositions  being  alike  objectionable  to 
the  gentleman,  would  he  rather  have  it  left  that 
the  mines  shall  not  be  taxed,  or  would  he  pre- 
fer to  have  the  section  pass  leaving  out  those 
words  "  mines  and  mining  property  ? " 

Mr,  JOHNSON.  No,  sir  ;  that  is  not  my  po- 
sition, and  it  is  a  heresy  to  which  I  do  not  sub- 
scribe. I  do  not  seek  to  avoid  resi^onsibility. 
On  this  question,  I  want  every  man  in  the  Ter- 
ritory to  understand  fully  my  position.  I  do  not 
wish — I  will  not  say  it  in  regard  to  anything 
which  has  been  said  here — I  am  not  willing  to  say 
or  do  anything  here  which  would  have  a  fraud- 
ulent efi'ect  upon  any  portion  of  the  voters,  or 


the  people  of  this  Territory.  I  repeat,  that  I 
am  in  favor  of  exempting  nothing  which  has  a 
money  value,  from  contributing  its  quota  to 
the  support  of  the  Government.  That  is  my 
position,  and  I  have  repeated  it,  time  and  again. 
I  want  to  place  in  the  Constitution,  words  which 
shall  render  certain  and  iinmistakable  what 
we  mean.  And  if,  on  the  other  hand,  gentle- 
men desire  to  make  a  distinction,  by  which  the 
mines  may  be  exempted  fi-om  taxation,  then  I 
say — "  Gentlemen,  show  your  hands,  boldly, 
and  seek  not  to  avoid  the  responsibility  which 
you  owe  to  those  who  sent  you  here,  or  to 
those  who  are  to  come  hereafter.  Place  no 
words  there,  trusting  to  the  chances  of  judicial 
or  legislative  interpi-etation.  Let  it  be  one 
way  or  the  other  ;  but  come  squarely  up  to  the 
mark,  and  say  what  you  mean."  That  is  ray 
position.  And  I  say  to  those  who  agree  with 
me,  and,  I  am  free  to  add,  to  some  of  those 
who  only  apparently  agree  with  me,  that  every- 
thing which  has  a  cash  value,  shall  be  made, 
so  far  as  I  am  concerned,  to  contribute  its  quo- 
ta to  the  support  of  the  Government,  so  far  as 
designating  it  here,  in  plain,  unmistakable  lan- 
guage may  provide  for  it. 

Mr.  EARL.  I  would  like  to  ask  the  gentle- 
man a  question.  Does  he  propose  to  tax  a 
prospecting  mine  ? 

Mr.  JOHNSON.  If  it  has  a  cash  value,  I  do. 
If  it  has  a  value  of  ten  dollars,  one  hundred 
dollars,  or  one  thousand  dollars  a  foot,  if  it  has 
any  cash  value  in  the  market,  just  to  that  ex- 
tent do  I  propose  to  tax  it.  And  I  can  see  or 
imagine  no  reason  why  it  should  not  be  taxed. 
If  it  be  a  prospecting  interest,  which  can  be 
turned  into  money,  to  the  extent  perhaps  of 
thousands  of  dollars,  I  see  no  valid  reason  why 
its  owner  should  not  be  taxed,  just  as  well  as  I, 
or  another  man,  who  owns  a  town  lot,  or  a 
mill-site,  or  a  team,  which  he  can  as  readily 
tnrn  into  money.  I  can  see  and  know  of  no 
reason  why  one  should  not  contribute,  as  well 
as  the  other,  to  the  support  of  the  Govern- 
ment. 

Mr.  DeLONG.  In  reply  to  one  remark  of 
the  gentleman  from  Ormsby,  I  desire  to  say, 
that  I  consider  we  have  shown  our  hands,  and 
shown  them  pretty  plainly.  I  have  said  that  I 
am  in  favor  of  taxing  the  mines,  and  I  think 
there  has  been  no  shirking. 

Mr.  J()HXS(  tN.  Well,  I  will  say  this,  if  the 
gentleman  will  excuse  and  pardon  the  imputa- 
tion, that  I  think  that  they  are  devoid  of  frank- 
ness, when  they  tell  us  that  they  want  to  leave 
out  those  words,  and  submit  the  matter  to  the 
Legislature. 

Mr.  DeLONG.  The  difference  is  in  a  legal 
point  of  view,  however.  The  gentleman  says 
the  mines  are  property,  and  we  say  that  they 
are  not.  AVe  propose  to  leave  it  so  that  if  he 
is  right,  the  mines  will  be  taxed,  and  if  not, 
and  if  we  are  right,  they  will  be  exempted. 
That  is  what  we  want. 

Mr.  JOHNSON.  The  gentleman  has  an  ad- 
vantage of  me  now,  in  advocating  that  which  I 


346 


TAXATION. 


[10th  day. 


Thursday.] 


DeLoxg — Johnson — Dunne. 


[July  14. 


conceive  to  be  a  most  damnable  heresy.  He 
has  the  advantage  in  this  :  that  since  the  Con- 
stitution which  serves  as  our  basis  was  framed, 
tlie  Congress  of  the  United  States,  in  the  exer- 
cise of  its  power  and  prerogative,  has  passed  a 
law,  in  Avhich  it  is  said  that  the  property  of  the 
Government  cannot,  and  shall  not,  be  taxed. 
Prior  to  that  time,  gentlemen  who  advocate 
that  view,  had  not  the  benefit  of  this  argument. 
Independently  of  the  legal  proposition,  enun- 
ciated through  the  legitimate  channels,  I  was 
prepared  to  go  before  the  Legislature,  or  the 
courts  of  the  land,  and  maintain,  successfully, 
as  I  conceive,  the  proposition,  that  mining 
claims,  or  interests,  are  as  much  property,  un- 
der the  laws  of  the  Territory,  as  any  other 
designated  species  of  property  which  can  be 
named.  Now,  it  is  alleged  that  we  are  inhibited 
from  taxing  the  property  itself;  but  sii' — and  I 
have  now  to  commend  myself  to  the  attention 
of  a  gentleman  who  spoke  earlier  in  the  day — 
I  deny  that  it  is  not  in  the  power  of  this  Con- 
stitution to  provide  that  the  Legislature  may, 
and  shall,  impose  a  tax  upon  the  possessory 
right  of  any  individual  on  the  government 
lands,  mining  or  agricultural.  This,  sir,  I  con- 
ceive to  be  a  foregone  conclusion.  There  are 
gentlemen  who  have  lived  in  new  States,  and 
participated  in  the  formation  of  State  Govern- 
ments— gentlemen  whose  birth-place  has  been 
upon  the  soil  of  Territories  which  have  since 
grown  into  States,  great  in  their  proportions, 
in  their  population,  in  their  wealth,  and  in 
political  influence — and  those  gentlemen  are 
quite  familiar,  whether  they  are  lawyers  or  not, 
with  the  fact,  that  in  those  States,  from  time  im- 
memorial, they  have  provided  for  the  taxation 
of  possessory  rights  and  improvements.  And 
when  the  right  was  in  fee  simple,  when  a  sur- 
vey was  made  by  the  Federal  Government,  and 
a  patent  issued,  then,  and  not  till  then,  they 
have  taxed  the  higher  title  which  was  thereby 
obtained. 

Mr.  DeLONG.  If  the  gentleman  will  pardon 
the  interruption — this  clause  appears  in  the 
Enabling  Act,  under  which  we  are  drafting  this 
Constitution  : — 

"  And  that  the  lands  belonging  to  citizens  of  the 
United  States,  residing  within  the  said  State,  shall 
never  be  taxed  higher  than  the  land  belonging  to  the 
residents  thereof;  and  that  no  taxes  shall  be  imposed 
by  said  State,  on  lands  or  property  therein,  belonging 
to,  or  which  may  hereafter  be  purchased  by,  the  Uni- 
ted States." 

Now,  if  it  is  admitted  that  the  lands  belong 
to  the  United  States,  and  are  within  the  State, 
could  the  Legislature  impose  a  tax  upon  them? 

Mr.  JfJlINSON.  That  is  the  point,  exactly. 
We  cannot  tax  the  lands,  and  the  gentleman  has 
offered  an  amendment  in  that  respect.  These 
geutlemen  foresaw  this,  and  they  are  not  with- 
out shr(!wdness.  They  had  read  the  Enabling 
Act  })efore  they  came  within  this  Convention, 
and  they  understand  well  the  advantage  to  be 
gained  by  the  adoption  of  the  simple  amend- 
ment offered  by  the  gentleman  from  Storey  (Mr. 
Tozer.)     They  are  not  deficient  in  duly  estimat- 


ing that  point,  and  I  will  frankly  say  that  they 
have  now  exhibited  their  hand  in  full.  I  do 
not  think  they  have  a  "  full  hand,"  but  it  ap- 
proximates to  it. 

Mr.  DeLONG.  If  it  was  not  a  "  full  "  hand, 
we  drew  one.     [Laughter.] 

Mr.  JOHNSON.  But  there  are  hands  that 
beat  a  "  full,"  as,  no  doubt,  the  gentleman 
has  learned  by  experience.  [Laughter.]  These 
gentlemen  were  not  so  unsophisticated  as  not 
to  know  that  by  simply  taking  the  amendment 
offered  by  the  gentleman  from  Storey,  (Mr.  To- 
zer,) there  would  be  nothing  in  the  State  to  tax 
but  the  houses  on  the  mineral  lands  ;  and  I  do 
not  know  as  even  those  would  be  subject  to  tax- 
ation. The  gentleman  from  Storey  understands 
the  law  on  the  subject  of  freeliolds.  I  do  not 
know  that  there  are  decisions  of  Minnesota  which 
will  bear  it  out,  but  certain  decisions  of  Cali- 
fornia will — that  where  anything  is  annexed  to 
the  freehold,  it  becomes  part  of  it.  The  free- 
hold carries  with  it  the  improvements  ;  and  not 
only  the  mines,  but  the  mills,  and  the  hoisting 
apparatus,  and  everything  connected  with  the 
mines,  may  be  held  to  be  so  fixed  to  the  soil 
that  they  cannot  be  taxed.  And  all  those  fine 
houses,  and  buildings,  and  palatial  residences 
that  line  +he  hill-sides  between  Virginia  City 
and  Gold  Hill,  will  escape,  because  they  are 
fixed  to  the  soil.  I  have  no  doubt  that  the  gen- 
tleman from  Storey  (Mr.  DeLong)  would  be 
found,  with  logic  irresistible,  advocating  the 
proposition,  that  it  is  illegal  to  impose  a  tax 
even  on  the  improvements.  If  an  assessment 
were  made  on  the  value  of  the  impi'ovements 
of  the  Gould  &  Curry  property,  my  friend 
would  be  found  in  the  courts  resisting,  and  I 
believe  successfully  resisting,  the  attempt  to 
impose,  even  upon  that  property,  a  tax  for  the 
support  of  our  Government.  These  gentle- 
men had  foreseen  this,  and  well  nigh  had  we 
been  caught  in  the  trap.  But,  sir,  there  were 
others  than  myself  on  this  floor,  who  had  con- 
sidered the  consequences  of  the  adoption  of  that 
amendment,  leaving  only  personal  and  real 
property  to  be  taxed — and  if  that  had  been 
done,  there  would  have  been  very  little  of  any 
kind  of  property  subject  to  taxation. 

I  do  not  know  how  earnestly  gentlemen  are 
in  favor  of  a  State  Constitution,  or  how  desira- 
ble a  State  Government  may  be  in  the  minds 
of  the  members  of  the  Convention.  So  far  as 
it  has  been  developed  on  this  floor  as  yet,  there 
is  but  one  gentleman  opposed  to  the  formation 
of  a  State  Government,  and  that  gentleman 
had  the  frankness,  at  an  early  hour  in  the  ses- 
sion, to  avow  his  position.  I  refer  to  the  gen- 
tleman from  Humboldt,  (Mr.  Dunne,)  and  I 
think  I  do  him  no  injustice  in  stating  that  he  is 
now  opposed  to  it. 

Mr.  DUNNE.     Not  the  slightest. 

Mr.  JOHNSON.  The  gentleman,  then,  is  still 
opposed — for  I  take  it  that  the  converse  of  his 
proposition  is  correct — to  a  State  Government. 
Now,  I  do  not  deny  to  the  gentleman  the  right 
to  that  judgment,  nor  the  right  to  the  due  ex- 


10th  day.] 


TAXATION. 


347 


Thursday.] 


HovEY — Johnson — DeLong. 


[July  14, 


ercise  of  that  judgment.  He  has  the  same 
privilege  in  that  respect  that  others  have.  And 
that,  nevertheless,  he  has  performed  his  duties 
here  faithfully  and  well,  I  fully  believe,  and  I 
have  no  doubt  he  will  continue  to  do  so  to  the 
close  of  this  Convention. 

Mr.  HOVEY.  I  wish  to  ask  the  gentleman 
from  Ormsby  a  question.  Under  the  statute  of 
the  United  States  exempting  these  public  lands 
from  sale  for  five  years,  does  he  propose  that 
his  amendment  will  cover  those  lands,  so  that 
they  shall  be  subject  to  taxation  ? 

Mr.  JOHNSON.  The  gentleman  is  mistaken 
in  assuming  that  the  lands  may  not  be  sold  by 
the  General  Government,  at  any  time. 

Mr.  HOVEY.  I  think  it  is  'provided  in  the 
Enabling  Act  that  they  shall  not  be  sold  for 
five  years. 

Mr.  JOHNSON.  Before  the  Enabling  Act 
arrived  here,  we  v/ere  so  informed,  by  a  news- 
paper correspondent,  but  there  is  no  such  in- 
hibitory feature  in  the  Act.  This  is  a  little 
further  west  than  some  others  of  the  new  States, 
and  they  did  not  place  such  a  provision  in  our 
Enabling  Act. 

Now,  if  we  adopt  the  section  as  proposed  to 
be  amended  by  the  gentleman  from  Storey,  (Mr. 
Tozer,)  what  have  we  left  to  be  subjected  to 
taxation  for  the  support  of  the  Government 
of  a  great  and  mighty  State,  which  is  to  be 
represented  in  the  councils  of  the  Nation  by 
two  able  and  distinguished  Senators,  as  I  doubt 
not  they  will  be,  and  in  the  lower  House  by 
one  talented  Representative?  Possibly,  too, 
the  State  of  Nevada  may  be  allowed  to  partici- 
pate in  the  election  of  the  President  of  the 
United  States.  And  yet,  to  sustain  all  this 
grandeur,  and  glory,  and  political  power,  what 
is  there  left  to  the  peo])le  of  this  State  to  be 
taxed?  Why,  sir,  to  support  this  immense 
power  and  dignity  as  a  State,  we  shall  have 
nothing  but  what  little  personal  property  there 
is  scattered  about  the  Territory  and  the  little 
property  owned  in  fee  by  individuals,  and  at 
the  present  time  there  is  scarcely  any  of  that 
latter  description  of  property — none  at  all,  1 
was  going  to  say,  for  no  patents  are  issued  until 
the  parties  have  proved  up  their  preemption 
claims,  and  gentlemen  who  are  familiar  with 
the  red-tape  movements  of  the  General  Land 
Office,  know  that  it  is  likely  to  be  two  or  three 
years  before  they  can  obtain  their  muniments 
of  title  from  the  General  Government.  What 
is  there  left,  then,  to  be  taxed?  Nothing  but 
the  personal  property. 

Now,  is  there  any  gentleman  who  has  spoken 
on  this  question  here,  who  has  for  a  single  mo- 
ment entered  into  any  estimate  of  the  probable 
amount  of  taxes  to  be  derived  from  such  a 
source?  What  gentleman  has  presented  any 
figures  on  this  subject  ?  Unfortunately,  we  are 
deprived  of  the  presence  of  our  distinguished 
friend  from  Storey,  (Mr.  Ball,)  who  is  thought 
to  be  rather  expert  in  that  way,  else  there 
might  have  been  some  demonstration  in  the 
matter  of  figures,  but  I  am  inclined  to  think  it 


would  be  upon  our  side  that  those  figures  would 
have  been  presented,  rather  than  on  the  other, 
for  _  I  am  sure  there  is  no  gentleman  so  skill- 
ed in  that  branch  of  science  called  mathemat- 
ics that  he  would  be  able  to  present  estimates 
showing  that  under  such  an  ai-rangement  as  is 
contemplated  by  the  proposition  of  the  gentle- 
man from  Storey.  (Mr.  Tozer.)  we  should  not 
be  entering  upon  an  experiment  which  would 
be  a  formidable  one  for  the  people  of  this  Ter- 
ritory ;  or  in  other  words,  that  without  the  tax- 
ation of  the  mines  the  State  organization  would 
not  be  a  burden  too  grevious  to  be  borne.  The 
value  of  the  amount  of  property  which  would 
be  subject  to  taxation  under  the'aniendment  of 
the  gentleman  from  Storey,  would  be  so  imma- 
terial that  it  would  be  impossible  to  carry  on 
the  State  Government  upon  such  a  basis. 

Now,  I  want  gentlemen  of  the  Convention  to 
bring  their  minds  to  this  work,  with  calm 
thought  and  dispassionate  consideration.  What 
we  are  doing  to-day.  and  shall  be  doing  to-mor- 
row— what  we  have  been  doing  for  the  last  ten 
days — all  we  have  done  in  the  past,  and  all  we 
shall  do  in  the  future,  is  to  be  ''  love's  labor 
lost,"  unle-ss  we  provide  by  language  which  the 
people  can  understand,  for  a  basis  of  revenue 
which  will  be  ample,  so  that  the  people  can 
appreciate  their  ability  to  support  our  State 
(Jovernment.  Why  idle  away  our  time  here  ? 
Why  spend  these  valuable  moments  in  useless 
and  endless  discussions,  if  that  is  to  be  the  fate 
of  the  instrument  so  soon  to  pass  from  our 
hands  ?  I,  for  one.  must  say  that  I  do  not  flatter 
myself  for  a  single  moment,  however  earnestly 
I  desire  the  adoption  of  a  State  Government, 
that  the  labors  of  the  Convention  will  amount  to 
anything  if  it  is  to  go  forth  that  we  have  stamped 
a  lie  on  the  face  of  this  instrument ;  for  it  is  to 
be  presumed  that  this  Convention,  or  any  other 
Convention  assembled  to  adopt  a  fundamental 
law  for  a  State  Government,  will  at  least  provide 
the  means  for  its  maintenance  and  existence  ; 
but  when,  on  the  contrary,  we  stamp  on  the  in- 
strument we  are  framing  that  which  kills  it  at 
its  birth — yes.  even  before  its  birth,  so  that,  as 
the  gentleman  from  Esmeralda,  (Mr.  Mason,) 
has  stated,  it  will  be  an  abortion — -I  say  sir, 
that  the  people  of  this  Tei'ritory,  who  have  sent 
us  here,  will  in  no  wise  thank  us  for  all  our 
labors,  and  we  would  certainly  have  done 
better  if  on  the  first  day  we  met,  we  had  ad- 
journed, in  accordance  with  the  resolutions  in- 
troduced by  the  gentleman  from  Humboldt, 
(Mr.  Dunne,)  which  received,  I  believe,  not  a 
single  vote  except  his  own.  It  would  have  been 
better  for  us  to  have  gone  home  to  our  business, 
and  to  have  announced  to  our  constituents  the 
melancholy  fact  that  as  a  people,  they  are  not 
yet  able  to  support  a  State  Government. 

Mr.  DeLONG.  Will  the  gentleman  permit 
me  to  present  some  figures  on  this  subject,  since 
he  has  called  for  figures  ? 

Mr.  JOHNSON.  If  the  gentleman  will  allow 
me  to  have  them,  I  will  read  them  myself.  I 
am  tolerably  good  at  figures. 


348 


TAXATION.. 


[10th  day*. 


Thursday,] 


DeLong — Johnson — Fitch. 


[July  14. 


Mr.  DeLONG.  Let  me  say  a  few  words,  first, 
and  I  will  then  hand  them  over. 

Mr.  JOHNSON.  How  much  time  does  the 
gentleman  want? 

Mr.  I)eI.()\(t.     Five  minutes. 

Mr.  JOlINS(JN.     Very  well. 

Mr.  DeLONG.  There  has  been  a  good  deal 
of  loud  talk  here  to  the  eifect  that  if  this  tax  is 
not  levied  on  the  mines,  the  State  Government 
cannot  be  maintained,  and  this  Constitution  will 
bur.st  up,  because  the  support  of  the  State  Gov- 
ernment falls  back  entirely  on  these  extraor- 
dinary cow  county  gentlemen.  Now,  how  does 
it  stand  at  present  —  without  including  the 
mines,  but  taking  the  property  as  it  now 
stands?  Here  is  a  recapitulation  :  Storey 
County,  which  is  supposed  to  be  exclusively  a 
mining  county,  pays  taxes  on  over  $14,000,000  ; 
Ormsby  County,  which  through  its  representa- 
tives here,  threatens  a  dissolution  of  the  Gov- 
ernment, or  at  least  the  defeat  of  the  Constitu- 
tion, if  it  cannot  have  its  own  way,  pays  taxes 
on  only  $1,983,055  2(5,  or  about  one-seventh  of 
the  amount  of  the  taxable  property  of  Storey 
County ;  Washoe  County,  which  is  an  agricul- 
tural county,  is  taxed  upon  $2,623,000  ;  Doug- 
las County,  which  has  been  on  the  rampage 
here,  struggling  for  the  taxation  of  the  mines, 
pays  on  $772,000,  not  quite  a  million  ;  Lyon 
County,  which  is  a  mining  county  mostly,  is 
taxed  upon  $2,373,000  ;  Humboldt  County,  ex- 
clusively a  mining  county,  pays  on  $579,000  ; 
Esmeralda  County,  exclusively  a  mining  county, 
or  nearly  so,  is  taxed  upon  upwards  of  a  mil- 
lion ;  Lander  County,  exclusively  a  mining 
county,  pays  somewhere  about  the  same.  The 
total  amount  of  taxable  property  is  put  down 
here  at  $25,580,423  37.  And  these  three  coun- 
ties—Ormsby,  Washoe,  and  Douglas— which  are 
the  only  strictly  agricultural  counties,  and  whose 
representatives  make  such  a  terrific  attack  on 
the  Convention  in  regard  to  taxing  the  mines, 
are  paying  taxes  altogether  according  to  these 
figures  on  just  about  five  millions  of  dollars 
worth  of  property  only,  out  of  twenty-five  mil- 
lions of  taxable  property  in  the  Territory  at  the 
present  time.  And  yet  they  insist  that  they 
must  have  things  just  to  suit  them.  They  tell 
us  we  must  yield  to  their  demands,  or  have  no 
State  Government ;  in  other  words,  that  we 
must  add  to  this  twenty  millions,  on  Avhich  we 
are  ali'eady  paying  taxes,  a  direct  tax  upon  our 
mines,  although  we  are  now  paying  nearly  all  the 
taxes.  We  are  taxed  ui)oii  pidperty  amounting 
to  twenty  millions  of  dollars,  wliile  they  are 
paying  taxes  on  only  five  millions,  and  yet  they 
must  have  the  mines  added  to  our  share  of  the 
burden.  They  must  tax  our  mines,  they  insist, 
although  we  are  now  paying  four  times  as  much 
of  the  tax  as  they  are. 

Another  thing :  our  taxable  property  is  in- 
creasing all  the  time,  and  will  continue  to  in- 
crease;  while  theirs  would  not  be  increased 
one  cent,  by  the  proposed  change.  That  is 
what  is  the  matter.  These  are  the  gentlemen 
who  clamor  for  the  taxation  of  the  mines,  and 


for  equal  taxation.  These  are  the  gentlemen 
who  raise  potatoes,  and  cabbages,  and  peas, 
and  sell  them  at  their  own  prices  ;  and,  not  sat- 
isfied with  taxing  what  we  have,  expect  us  also 
to  pay  taxes  on  what  we  hope  to  obtain  hereaf- 
ter. 

Mr.  JOHNSON.  It  is  true  the  taxable  prop- 
erty of  Orsmby  County  was,  last  year,  only 
about  two  millions  of  dollars,  and  the  gentle- 
man assumes  that  because  Ormsby  County  was 
only  taxed  on  that  amount,  there  was  no  other 
proijerty  upon  which  her  citizens  were  taxed. 
The  gentleman  is  slightly  mistaken  in  his  as- 
sumption. I  know  of  many  citizens  in  Ormsby 
County  who  own  property  in  Storey  County, 
and  they  are  probably  as  prompt  tax-payers  in 
Storey,  as  any  in  that  county,  or  Ormsby  Coun- 
ty either.  But  I  did  not  propose  to  raise  any 
invidious  distinction  as  between  Ormsby  Coun- 
ty and  Storey  County.  I  have  interests  in  that 
county,  and  have  had,  ever  since  my  arrival  in 
this  Territory.  My  principal  business  for  some 
considerable  time  was  in  that  county.  But  I 
do  not  desire,  in  any  discussion  in  which  I  may 
take  a  part  here,  to  raise  any  of  those  invidious 
distinctions,  or  to  say  anything  calculated  to 
arouse  local  or  sectional  jealousies. 

Mr.  DeLONG.  I  disclaim  any  such  intention 
on  my  part.  I  meant  only  to  show  the  coun- 
ties from  which  the  money  comes.  Now,  men 
usually  pay  their  taxes  where  they  live,  and  if 
a  man  living  in  Ormsby  County  pays  his  taxes 
in  Ormsby  County,  he  is  not  generally  charged 
in  Storey  County.  I  had  no  intention,  how- 
ever, of  making  any  invidious  distinctions. 

Mr.  JOHNSON.  Well,  I  will  take  that  re- 
mark back.  But  this  is  not  the  question  we 
are  considering.  The  question  is :  what  will 
you  leave  from  which  to  raise  money  by  taxa- 
tion for  the  support  of  the  Government?  What 
will  there  be  on  which  to  base  your  taxation, 
if  you  adopt  the  amendment  offered  by  the 
gentleman  from  Storey  ?  (Mr.  Tozer.)  And  the 
other  gentleman  from  Storey  (Mr.  De  Long) 
very  adroitly  avoided  a  reply  to  this  question. 
Now,  we  have  on  this  floor,  another  equally 
honorable  gentleman  from  Storey  County,  who 
tells  us  that  property  in  the  county  of  Storey 
has  been  assessed  this  year  about  four  times  its 
cash  value.  This  suggestion  involves  another 
gentleman  from  Storey,  possibly — and  I  hope 
while  I  am  speaking  he  will  not  rise  to  a  ques- 
tion of  privilege,  and  then,  it  may  be.  the  other 
gentleman  will  not — of  whom  it  has  been  stated 
here,  and  therefore  it  is  not  mere  rumor,  that  he 
has  been  taxed  at  least  three-fold  more  than  he 
should  have  been.  It  is  said  that  he  was  assess- 
ed for  six  thousand  dollars,  on  a  piece  of  prop- 
erty which  he  would  have  taken  two  thousand 
for  then,  and  which  he  would  be  glad  to  take 
five  hundred  dollars  for  now. 

Mr.  FITCH.  Yes,  sir,  if  I  could  get  it.  But 
my  other  friend  and  colleague  (Mr.  Hovey)  la 
in  a  worse  condition. 

Mr.  JOHNSON.  I  have  had  him  in  my 
mind's  eye,  and  it  is  understood  between  us, 


10th  day.] 


TAXATION. 


349 


Thursday,] 


HoTEY — Johnson — Kinkead — Hawley — DeLong — Chapin. 


[July  14. 


that  he  is  not  to  rise  to  a  question  of  privilege. 
[Merriment.]  Now,  that  is  the  proposition  be- 
fore us.  In  regard  to  the  assessment  of  proper- 
ty in  Storey  County,  here  we  have  an  illustra- 
tion— one  lot  assessed  for  six  thousand  dollars, 
which  was  only  worth  two  thousand  dollars, 
and  for  which  the  owner  is  willing  to  take  five 
hundred  dollars  now.  The  presumption  is, 
taking  that  as  a  basis,  that  to-day  the  assessable 
property  of  Storey  County — and  that,  mark 
you,  is  including  also  the  gross  proceeds  of  the 
mines — would  not  amount  to  more  than — 

Mr.  HOVEY  [interrupting.]  No,  sir ;  it 
would  make  nineteen  million  dollars  and  over, 
if  you  include  the  proceeds  of  the  mines. 

Mr.  JOHNSON.  Under  what  law,  then,  are 
the  mines  assessed  ? 

Mr.  HOVEY.  We  make  the  assessment  un- 
der the  same  law. 

Mr.  JOHNSON.  Are  not  the  gross  proceeds, 
then,  included  in  this  grand  total,  or  aggregate  ? 

Mr.  HOVEY.     No,  sir. 

Mr.  KINKEAD.  Because  there  never  has 
been  anything  collected  on  them. 

Mr.  JOHNSON.  Well,  then  ;  that  renders 
Storey  County  a  worse  delinquent  than  I 
thought  it  was.  But  that  is  neither  here  nor 
there,  in  regard  to  the  subject  we  have  before 
us.  This  property  I  have  referred  to,  was  a 
town  lot,  and  had  nothing  to  do  with  the  assess- 
ment of  mines.  Now,  when  the  assessors  are 
efficient  officers,  and  sworn  to  discharge  their 
duties  properly,  the  presumption  is,  that  they 
have  discharged  their  duty  faithfully  ;  and  if  a 
depreciation  has  occurred'  in  this  instance,  the 
same  rule  might  be  made  to  apply  throughout ; 
so  that  if  there  were  fourteen  millions  of  taxa- 
ble property  in  Storey  County  last  year,  by 
that  ratio  it  would  be  only  about  two  and  a 
half  millions  at  the  present  time. 

Mr.  HAWLEY.     Five  millions. 

Mr.  JOHNSON.  Oh,  yes  ;  five  millions.  The 
figures  came  so  rapidly,  that  I  did  not  get  the 
calculation  exactly  right.  I  will  say  here,  that 
Ormsby  County,  in  its  assessment  for  this  year, 
will  not  fall  short  of  last  year,  and  therefore, 
upon  such  a  basis,  Ormsby  County  will  have 
more  taxable  property  this  year  than  Storey 
County.  But  whether  this  will  be  the  case 
or  not,  I  do  not  seriously  undertake  to  say — 
and  some  of  these  remarks,  of  course,  are  to  be 
taken  rather  in  a  jocose  sense.  But  this  I  will 
say,  and  1  challenge  contradiction,  that  the 
property  assessed  in  Storey  County  last  year, 
upon  an  assumed  cash  basis  of  fourteen  milions 
of  dollars,  leaving  out  the  mining  property,  if 
assessed  again  to-day,  would  not  exceed  one- 
half  that  amount. 

Mr.  DeLONGt.  a  great  deal  more  property 
has  come  in  since  that  time. 

Mr.  JOHNSON.  Yes,  sir  ;  and  a  great  deal 
has  been  carried  away  since  that  time.  But 
these  assessments  run  eight  months  into  last 
year,  being  made  up  to  Novemberw  I  will  state 
this  proposition — and  I  do  not  think  Storey 
County  has  a  defender  here  so  ardent  as  to  un- 


dertake to  gainsay  it — that  this  day,  if  the  tax- 
able property  of  Storey  County,  exclusive  of 
mining  property,  were  re-assessed,  according 
to  its  market  value,  it  would  not  amount  to  one 
half  what  it  did  last  year.  I  do  not  believe 
that  any  gentleman  here  difi'ers  with  me  in  this 
opinion. 

Mr.  CHAPIN.  I  beg  to  correct  the  gentle- 
man. There  certainly  would  be  no  such  dis- 
count as  that.  I  do  not  believe  it,  and  my  col- 
leagues all  around  me  say  the  same. 

Mr.  JOHNSON.  I  knew  that  my  friend  from 
Storey  (Mr.  Chapin)  was  not  in  the  discount 
business,  but  I  hardly  expected  that  he  would 
refuse  to  discount  "that  statement.  But  this 
fact  is  assuredly  indisputable,  as  gentlemen 
know  fiiU  well,  that  last  year  there  was  mur- 
muring and  complaining,  and  the  press  in  Sto- 
rey County  teemed  with  articles  deprecatory  of 
the  assessments,  and  condemning  the  valua- 
tions which  the  assessors  had  made.  Will  the 
gentleman  deny  this  ?  Now,  sir,  I  have  no 
doubt  that  upon  the  basis  of  last  year,  the  prop- 
erty of  that  countj%  if  re-assessed  to-day,  would 
not  exceed  in  value  one  half  the  value  of  last 
year. 

But,  sir,  we  must  not  forget  the  main  point — 
a  proposition  which  no  lawyer,  at  least,  will 
gainsay,  that  under  the  operation  of  the  amend- 
ment of  the  gentleman  from  Storey,  (Mr.  To- 
zer,)  millions  of  this  same  jiroperty — in  one 
instance  alone,  a  hundred  thousand  dollars — 
would  be  exempt  from  the  operation  of  the 
tax-laws,  or  the  operation  of  any  tax-laws 
which  it  would  be  within  the  power  of  the 
Legislature  of  the  State  of  Nevada  to  enact. 
Millions  would  be  exempted  under  that  provi- 
sion. I  see  that  the  gentleman  from  Storey, 
the  author  of  the  amendment,  shakes  his  head. 
I  do  not  propose  to  join  issue  with  him  on  the 
legal  proposition,  and  I  do  not  suppose  he 
l)roposes  to  deny  it,  but  I  will  say  that  I  am 
willing  to  place  myself  on  the  records  of  this 
Convention  as  expressing  the  belief  that  under 
the  amendment  which  he  proposes,  there  would 
be  exempted  from  taxation,  all  that  property 
of  which  I  have  spoken. 

Then,  how  many  millions  of  property  would 
there  be  left  in  the  State,  subject  to  the  opera- 
tion of  the  tax-laws,  to  aid  in  the  sujjport  of 
the  State  Government?  Last  year  we  were 
able  to  present  facts  and  figures  which  demon- 
strated clearly  that  there  would  be  eighty 
millions  of  dollars  of  property  subject  to  the 
tax-laws  ;  and  yet  we  know  that  the  Constitu- 
tion was  rejected  by  the  people.  One  gentle- 
man attributes  its  rejection  to  one  cause,  whilst 
another  assigns  a  different  reason  for  its  de- 
feat ;  but  this  fact  I  do  know,  that  the  only 
organized  opposition  that  we  had  to  encounter — 
we  who  were  the  advocates  of  the  State  Gov- 
ernment— was  found  in  the  county  of  Storey. 
And  what  was  the  basis  of  that  opposition  ?  It 
was,  that  we  were  too  poor  to  bear  the  expense 
of  a  State  Government.  These  gentlemen  who 
oppose  the  taxing  of  the  mines,  know  that  fact. 


350 


TAXATION. 


[10th  day: 


Thursday,] 


Chapin — Johnson — DeLong. 


[July  U. 


There  was  an  organized  Executive  Commit- 
tee in  that  county,  embracing  many  if  not 
most  of  the  leading  citizens,  one  of  whom 
has  the  honor  now  of  occupying  a  seat  on  the 
floor  of  this  Convention  ;  and  I  recollect  well 
the  circular  which  was  sent  forth,  containing 
the  address  emanating  from  that  committee, 
and  in  which  was  embodied  the  one  distinct 
proposition— and  it  was  the  chief  ground  of 
opposition  alleged  by  them— that  the  people 
were  too  poor  to  bear  the  burdens  of  a  State 
Government.  If  that  were  so  then,  with  a  tax- 
able property  of  eighty  millions,  where  will 
you  find  your  one  hundred  millions,  or  your 
eighty  millions,  or  your  sixty,  or  your  forty,  or 
even  your  twenty  millions  of  taxable  property 
upon  "which  to  base  the  support  of  a  State  Gov- 
ernment now  ?  The  question  which  we  have  to 
consider,  narrows  itself  down  to  this  point. 

Now,  sir,  I  do  not  propose  to  discuss  the 
question  of  the  price  of  cabbages,  or  potatoes, 
or  the  extraordinary  influences  which  such  mat- 
ters— as  the  remarks  of  some  gentlemen  would 
lead  us  to  infer — are  to  exercise  on  the  minds 
of  the  people  of  this  Territory  ;  but  I  do  pro- 
pose to  have  this  feature  of  our  Constitution 
presented  in  such  wise  that  the  people  cannot 
fail  to  understand  that  in  the  organic  law  which 
we  frame,  providing  for  a  State  organization, 
we  have  incorporated  such  provisions  as  will 
enable  them  to  avoid  excessive  taxation,  if  as 
a  community  they  shall  decide  to  become  a 
State.  For.  without  equal  taxation,  upon  min- 
ing, and  every  species  of  property,  it  will 
become  a  burden  altogether  too  grievous  to 
be  borne.  On  the  other  hand,  if  that  is  not 
done,  I  propose  to  present  to  the  people,  in 
language  that  cannot  be  mistaken,  the  fact  that 
we  liave  incorporated  in  our  Constitution  pro- 
visions that  shall  not  deceive  them — that  we 
have  framed  a  Constitution  which  cannot  in  its 
terms  mislead  the  public  mind — although  at  the 
same  time  it  declares  that  certain  species  of 
property  alone,  shall  bear  the  burden  of  taxa- 
tion. If  we  make  an  issue,  I  say,  let  us  make 
it  fairly. 

Sir.  I  repeat  that  I  want  no  government  that 
is  not  self-sustaining.  I  want  nothing  in  our 
Constit\ition  but  what  is  founded  on  the  immu- 
table principles  of  equity  and  justice.  I  care 
not  what  motive  may  be  attributed  to  me,  for 
my  action  in  this  matter.  I  know  that  the  po- 
sitions which  I  have  taken  here,  are  based 
upon  those  principles  which  are  correct  and 
just,  and  which  will  govern  my  every  vote, 
during  the  sessions  of  this  Convention.  I  shall 
act  throughout  as  I  have  hitherto,  upon  the 
one  broad  principle  that  all  property,  possesso- 
ry claims,  or  rights — everything  convertible 
into  nujney — shall  contri))utc  pro  rafa  its  sup- 
port to  our  government.  Unless  we  can  devise 
a  system  of^  government  founded  upon  this 
princi))le  of  equity,  and  justice,  and  right,  1 
am  prei)ared  now  to  say,  as  I  shall  at  a  later 
period.  1  want  no  State  Government. 

1  would  jirefer,  rather,  hereafter  as  hereto- 


fore, to  stand  in  defence  and  support  of  that 
law  now  contained  in  our  statutes.  That  is  a 
subject,  I  know,  upon  which  these  gentlemen 
are  somewhat  tender-footed,  because  it  is  a 
statute  which  requires  them  to  bear  a  part  of 
the  burdens  of  government ;  but  we  now  have 
in  the  laws  of  the  Territory,  a  provision  that 
mining  property  shall  be  taxed.  The  Congress 
of  the  United  States  never  inhibited  it.  Such 
has  been  its  own  policy,  and  such  have  been 
the  expressions  of  those  who  have  represented 
the  people  of  this  Territory,  coming  alike  from 
the  mining  and  from  the  agricultural  counties. 
We  can,  by  the  grace  of  God.  and  vigilant  as- 
sessors and  collectors,  enforce  that  statute,  at 
least  to  some  extent ;  and  by  its  operation,  we 
shall  be  enabled  next  year  to  make  a  better 
exhibit,  through  the  report  of  the  Territorial 
Treasurer,  my  colleague  here,  (Mr.  Kinkead,)  of 
the  financial  affairs  of  the  Territory,  than  we 
can  at  the  present  time. 

Gentlemen  may  talk  about  taxing  gross  pro- 
ceeds, and  net  proceeds,  but  we  have  been  told 
by  the  gentleman  from  Storey  (Mr.  Hovey) 
tliat  there  is  a  discrepency  of  some  four  mil- 
lions of  dollars  between  the  assessments  of 
Storey  County  as  reported,  and  the  same  as- 
sessments as  they  were  actually  made,  and  that 
discrepancy,  too,  mark  you,  was  in  an  assess- 
ment founded  upon  these  gross  proceeds.  Now 
if  you  narrow  this  question  down  to  a  precise 
point,  you  will  find  that  it  is  this — and  I  say  it 
with  all  deference  to  the  gentlemen  who  are 
so  earnestly  in  favor  of  taxing  the  gross  pro- 
ceeds, becuase  I  hope  they  are  more  sincere — 
that  the  grand  object,  after  all,  is  to  avoid  tax- 
ation upon  the  mines  altogether.  And  I  think 
my  friend  here  from  Storey  (Mr.  Chapin)  will 
hardly  assume  otherwise. 

Mr.  CHAPIN.  The  gentleman  must  not  as- 
sume too  much.  Wait  till  we  have  produced 
something.  Wait  till  we  come  into  port  with  a 
cargo,  and  then  it  may  be  taxed.  I  will  not 
object  to  that. 

Mr.  JOHNSON.  Then  is  the  gentleman  wil- 
ling to  tax  the  gross  proceeds  ? 

Mr.  CHAPIN.     Yes,  sir. 

Mr.  JOHNSON.  AVell,  I  do  not  think  my 
other  friend  from  Storey,  (Mr.  DeLong,)  will 
make  so  frank  a  concession.  There  is  an  obvi- 
ous disagreement  between  the  gentlemen. 

Mr.  DeLONG.  We  have  not  the  capacity  ol 
bemg  united,  as  you  have  on  the  other  side, 
because  you  all  agree  in  wanting  to  tax  us  as 
much  as  you  can. 

Mr.  JOHNSON.  I  suppose  there  are  such 
antagonistic  elements  in  your  county  that  you 
find  it  impossible  to  unite  upon  anything. 
However,  we  have  now  a  law  which  taxes  the 
gross  proceeds  of  the  mines,  and  you  cannot 
repeal  it,  unless  you  elect  to  the  Legislature  a 
majority  from  Storey  County,  and  I  do  not 
think  that  can  be  done.  This  year,  at  all  events, 
there  is  no  earthly  power  which  can  prevent  the 
taxation  of  mining  property,  if  not  according 
to  its  cash  value,  at  least  approximately  so ; 


10th  day.] 


TAXATION. 


351 


Thursday,] 


Brosnan. 


[July  14. 


and  thereby  we  may  be  enabled  to   pay  off 
some  portion  of  what  I  regard,  considering  the 
short  period  of  the  existence  of  the  Territory,  as 
an  enormous  debt,  and  a  living  scandal  as  well 
as  an  exhausting  burden  upon  the  people  of 
the  Territory.     And  then  the  immense  wealth 
we  have   will   be   talked  about,  and  promul- 
gated through  the  columns  of  the  newspapers,  I 
and  sent  bi'oadcast   over  the  land,    to  induce 
and  stimulate,  and  invite   immigration,  under  j 
the  operation  of  those  laws,  until  at  last  we  I 
shall  have  a  sufficiency  of  pojjulation  and  wealth 
to  support  a  State.     Until  that  time,  we  can  af-  j 
ford  to  continue  under   a  territorial  form   of' 
government.  j 

Unless  we  adopt  the  features  embodied  in  j 
the  amendment  I  have  submitted,  and  reject ; 
that  of  the  gentleman  from  Storey,  (Mr.  Tozer.)  i 
it  is  to  my  mind  a  foregone  conclusion  that  we 
cannot  support  a  State  Government,  and  the 
people  of  this  Territory  never  will  be  such,  as 
I  might  justly  say,  arrant  knaves  and  fools,  as 
to  attempt  it.     They  will  not  undertake  to  set 
up  a  State  Government  at  an  enormous   ex- 
pense, far  beyond  their  means,  merely  for  the 
sake  of  the  petty  grandeur  of  having  two  rep- ' 
resentatives  in  the  United  States  Senate,  as  well 
as  a  representative  in  the  other  branch  of  Con- 
gress, who  can  not  only  speak,  but  vote.     No, 
sir  ;   the  people  will  not  take  upon  themselves 
the  gaudy  trappings  of  a  State  under  any  such 
conditions. 

Mr.  BROSNAN.  I  have  been  very  much 
edified  with  tiie  interesting  debate  which  this 
subject  has  evoked  from  this  Convention,  al- 
though I  should  have  been  better  pleased  if  the 
discussion  had  not  taken  quite  so  wide  a  range. 
To  my  mind,  the  debate  which  has  taken  place, 
would  have  been  very  appropriate  if  we  had 
been  proposing  at  this  time  to  enact  a  law  fix- 
ing the  class  or  character  of  property  upon 
which  the  burdens  of  taxation  should  be  im- 
posed. But  I  do  not  conceive  that  we  are  here 
to  discharge  any  such  duty.  1  submit  to  the 
good  sense  of  this  Convention  that  our  duty  is, 
barely  to  define  a  rule,  clear  and  positive,  as 
to  the  aggregate  of  property,  without  making 
any  specification  of  the  class  or  classes  of  prop- 
erty which  shall  be  taxed — that  we  are  to  estab- 
lisli  a  rule  which  shall  be  uniform,  and  which, 
within  the  limits  and  boundaries  of  the  State, 
shall  be  universal.  We  are  not  here  to  desig- 
nate whether  or  not  cows,  or  oxen,  or  calves, 
or  anything  else,  shall  be  assessed,  or  in  what 
manner  they  shall  be  so  assessed,  but  simply  to 
lay  down  a  general  rule  for  the  guidance  of 
the  law-making  power. 

The  state  ot  my  health,  and  my  disinclina- 
tion to  trespass  long  upon  the  Convention,  will 
prevent  me  from  expressing  my  views  fully  on 
the  subjects  which  have  been  touched  upon  in 
the  course  of  this  debate,  by  gentlemen  who 
have  spoken  before  me.  I  do  not  propose  even 
to  take  up  the  arguments  which  have  been  ad- 
vanced by  the  several  gentlemen.  I  should 
like  to  see  a  spirit  of  conciliation  manifested  in 


the  Convention  on  this  question.    I  deprecate 

certain  sentiments  which  have  been  expressed, 

and  certain  intimations  which  have  been  thrown 

out,  indicative  of  an  intention  on  the  part  of 

gentlemen,  if  they  are  not  satisfied  or  pleased 

:  with  the  results  of  our  deliberations,  that  they 

,  will,  at  a  future  time,  take  the  position  that 

they  do  not  want,  or  that  we  do  not  want,  any 

State  Government.     I  look  upon  that  spirit  as 

j  one  which  ought  to  be  buried  in  this  Conven- 

I  tion.     It  is  very  evident,  because  it  is  in  the 

nature  of  men.  that  we  must  inevitably  have 

j  some  disagreement  on  a  question  like  this,  in- 

i  asrauch  as  there  is  a  conflict  of  interests  be- 

jtween  us:    but  I   think,  as   sensible  men,  as 

I  reasonable  men.  as  bnsthren,  I  might  say,  in 

all  the  political  relations  of  life,  at  least,' we 

ought  to  be  willing  to  make  concessions  to  one 

another.      It  is  very  clear  that  unless  we  do 

that,  we  never  can  arrive  at  any  harmonious  or 

satisfactory  conclusion. 

My  own  views  need  not  be  expressed  on  this 
subject,  Mr,  Chairman,  for  I  had  the  honor  of 
sitting  in  a  Convention  called  for  the  same  pur- 
pose as  this,  which  was  assembled  here  last 
year,  and  I  then  liad  no  concealments  as  to  my 
opinions.  They  are  on  record  upon  this  ques- 
tion, and,  sir.  the  oak.  at  the  age  of  nearly  fifty 
years,  is  a  little  too  old  to  be  transplanted.  I 
entertain  the  same  opinions  to-day  that  I  did 
then,  and  those  opinions  were,  in  effect,  that  in 
my  judgment  the  mines  should  be  subjected  to 
file  burdens  of  (iovernment  inasmuch  as  they 
required  its  protection,  and  upon  the  same 
scale,  and  under  the  same  rule  as  attaches  to 
the  taxation  of  other  property.  That  is  my 
judgment  to-day.  But  I  have  an  idea  of  my 
own  as  to  what  a  mine  is.  What  is  a  mine  ?  A 
man  who  is  in  search  of  a  ledge,  I  take  it,  has 
no  mine  ;  wlien  he  has  a  mine,  then,  of  course, 
it  should  be  subject  to  taxation,  and  not  before. 
But  you  cannot  draw  that  fine  line  of  distinc- 
tion in  this  Constitution,  and  that  part. of  the 
modus  operandi  of  taxation  you  must  necessa- 
rily leave  to  the  Legislature,  just  as  you  leave 
the  Legislature  to  levy  the  taxes  "upon  any 
other  descriittion  or  character  of  property. 

We  all  seem  to  agree,  Mr.  Chairman,  upon 
this  proposition,  that  the  mines,  at  some  period 
of  their  progress,  should  be  taxed,  as  well  as  all 
other  property,  and  there  seems  to  be  so  little 
disagreement  in  reality  between  us,  that  if  we 
should  lay  aside  our  prejudices,  if  we  could  lay 
aside  the  apprelumsions  which  we  have  enter- 
tained in  regard  to  those  who  are  to  succeed  to 
us  in  shaping  legislation  in  this  State,  as  to 
whether  or  not  they  will  be  honest  and  capable 
men  ;  if  we  would  only  consider  that  their  inter- 
ests will  be  identified  with  ours,  though  varied 
perhaps  in  some  respects,  I  think  there  would 
be  no  difficulty  in  coming  to  a  determination  of 
this  question.  We  should  consider  that  gentle- 
men will  come  to  the  Legislature  fi-om  what  we 
call  the  "  cow  counties,"  as  they  will  from  the 
counties  whose  principal  interest  consists  in 
mining  ;  and  when  they  get  here  they  may  be 


352 


TAXATION. 


[lOth  day/ 


Thursday,] 


DeLong — Brosnan. 


[July  14. 


as  wise  as  we  are,  and  they  will  certainly  have 
a  little  more  practical  experience  than  we  in 
the  history  of  mining,  and  in  the  development 
of  that  interest.  It  seems  to  me  it  would  be 
more  sensible  and  reasonable  on  our  part  to 
leave  something  in  their  hands,  in  regard  to  a 
matter  Avhich  is  as  complicated  as  this  question 
seems  to  be. 

Now,  sir.  one  gentleman  has  said  that  if  we 
strike  out  the  words,  -including  mines  and 
mining  property,"  the  Legislature  would  be 
estopped,  so  to  speak,  from  the  taxation  of  that 
species  of  property,  no  matter  how  rich  a  mine 
might  be.  With  all  due  respect  to  the  gentle- 
man who  has  advanced  that  idea,  I  deny  it,  both 
as  a  proposition  of  law,  and  as  a  statement  of 
fact ;  because  a  mine  is  property,  as  I  hold, 
notwithstanding  tliat  in  that  opinion  I  may  dis- 
agree with  my  learned  friend  and  colleague. 
(Mr.  DeLong,)  who.  if  I  understood  him  cor- 
rectly, main'taiued  the  doctrine  that  a  mine  is 
not  property.  That  it  is  property  seems  so 
plain  and  manifest  to  my  mind  that  a  gentle- 
man of  the  intelligence  of  my  colleague,  by 
holding  an  opposite  opinion,  would  be  in  danger 
of  losing  his  standing  as  a  reasonable  and  re- 
flecting man.  But  he  does  not  mean  that  a  mine  is 
not  property  ;  he  means  to  say  only  that  ac- 
cording to  his  idea  of  it,  when  a  man  is  search- 
ing for  a  mine,  and  has  money  invested  in  that 
search,  that  investment  is  not  property.  I  sup- 
pose that  is  the  extent  to  which  he  would  go. 
Neither  do  I  agree  with  those  gentlemen  who 
say  that  property  in  land  in  this  Territory  be- 
longing to  the  United  States  Government  is  not 
subject  to  taxation.  I  say  it  is  subject  to  taxa- 
tion, and  is  jjroperty,  although  the  fee  is  in  the 
Government.  My  friend  and  colleague  said.  I 
thought,  very  unhappily,  that  we  were  upon 
this  land  in  the  character  of  "  iiermitted  tres- 
passers." There  is  a  paradox  which  I  think  he 
cannot  explain.  A  trespasser  is  not  permitted, 
for  if  permitted  he  is  not  a  trespasser.  Sir,  the 
settler  under  the  laws  of  Congress,  the  settler 
under  the  bounty  of  the  General  Government, 
is  not  a  trespasser. 

Mr.  DeLONG.  I  wish  to  ask  the  gentleman 
if  he  is  aware  of  the  repeated  efforts  which 
have  been  made  use  of  by  some  gentlemen  be- 
fore the  Supreme  Court  of  ('alifornia,  to  obtain 
a  decision  of  that  very  question? 

Mr.  BKOSNAN.  With  me,  that  is  not  good 
authority. 

Mr.  DeLONG.  They  contend  that  a  man 
working  the  mines  is  protected  there,  occupy- 
ing the  position  of  a  legalized  trespasser. 

Mr.  BROSNAN.  I  shook  the  dust  from  my 
feet  when  I  left  California  ;  and,  with  all  due 
respect  to  my  colleague.  I  say  in  regard  to  the 
court  which  once  existed  in  that  State,  I  have 
no  respect  for  its  decisions. 

I  was  about  to  say,  when  I  was  interrupted 
by  my  friend,  that  we  are  not  trespassers  ;  that 
the  title,  call  it  what  you  will,  is  such  as  to  se- 
cure the  protection  of  the  laws  of  the  land.  It 
is  to  the  possessor,  by  the  license  of  the  gov- 


ernment which  he  lives  under,  and  respects, 
when  he  obtrudes  upon  no  pre-occupant  of  the 
soil,  a  title  as  indisputable,  as  irrefragible 
as  though  it  were  scaled  with  the  signet  of  roy- 
alty. Nay,  more  ;  in  luy  estimation,  it  is  of  a 
stronger  character  than  even  the  grant  of  an 
Emperor.  He  cannot  be  driven  out  until  his 
Government  drives  him  out ;  and  I  am  happy 
to  say  that  during  the  long  period  of  the  exist- 
ence of  our  Government,  it  has  not  yet  turned 
the  cold  hand  upon  the  adventurer,  and  the 
Government  will  not  do  it  now.  So  the  man 
who  settles  upon  and  cultivates  the  soil,  who 
builds  his  house,  who  creates  for  himself  that 
home  which  my  colleague  so  eloquently  de- 
picted when  speaking  upon  another  subject, 
setting  vvp  his  penates,  or  household  gods  under 
the  roof-tree,  gathering  around  him  the  family 
circle  ;  when  he  has  done  that,  he  is  protected, 
and  is  willing,  in  order  to  be  protected  by  the 
laws  of  the  laud,  to  pay  for  that  protection  which 
the  laws  award  him.  And  his  possession  of  that 
soil  is  property  to  him.  My  friend,  I  think, 
would  have  been  likely  to  receive  a  rebuff"  if 
he  had  gone  to  Washoe  County,  and  said  to 
one  of  those  gentlemen  who  own  ranch  claims 
there,  that  he  had  no  property  to  be  taxed.  I 
think  he  would  have  been  rebuked,  for  they  all 
understand  that  it  is  property,  and  subject  to 
taxation  for  the  support  of  the  Government. 
That  question  has  been  decided. 

And  here  I  may  say  that  I  do  not  exactly 
agree  with  my  friend  froiu  Ormsby  County  (Mr. 
Johnson)  in  all  the  propositions  which  he  has 
advanced,  although  on  the  subject  of  taxation 
it  seems  that  I  agree  with  him  on  the  main 
question.  But  I  can  agree  with  many  of  the 
propositions  which  have  been  advanced  here, 
during  this  discussion.  The  gentleman  from 
Washoe,  (Mr.  Nourse.)  and  I  think  I  might  say 
my  respected  and  worthy  friend  from  Storey, 
(Mr.  Collins,)  have,  in  my  judgment,  shown 
that  they  entertain  very  correct  ideas  upon  this 
subject.  Yet  I  do  not  believe  that  it  is  neces- 
sary that  the  words  ■'  possessory  rights  "  should 
be  included,  although  to  that  extent,  I  am  wil- 
ling to  go  with  the  gentleman  from  Ormsby, 
(Mr.  Johnson,)  albeit,  at  the  same  time,  I  con 
sider  it  a  matter  of  supererogation,  being  en- 
tirely superfluous  in  the  paragraph.  Yet,  to 
that  extent,  I  say,  I  am  willing  to  go  with  him, 
so  that  there  may  be  no  question  upon  that  sub- 
ject. We  might  employ  the  phrase  "  real,  per- 
sonal, and  mixed,"  which  has  a  legal  definitive 
meaning,  well  understood  throughout  the  world 
by  all  those  who  read,  and  have  experience  in 
respect  to  the  laws  of  property.  But  inasmuch 
as  my  friend  from  Washoe,  (Mr.  Sturtevant,)  it 
seems,  does  not  understand  what  real  projaerty 
means,  and  might  be  puzzled  by  the  word 
"  mixed,"  I  will  not  urge  the  use  of  that  lan- 
gtiage. 

Now,  Mr.  Chairman,  I  do  not  intend  to  tres- 
pass any  further  upon  the  time  of  the  Conven- 
tion. I  wished  merely  to  explain  to  the  Con- 
vention my  own  position  in  tl*e  matter.     I 


10th  day.] 


TAXATION. 


353 


Thursday.] 


CROSM-iX — DeLoXG NOUKSE. 


[July  14. 


should  be  content  to  vote  on  either  of  the 
propositions  that  are  before  the  Convention, 
though  I  should  prefer  that  the  words  ••  mines 
and  mining  property"  should  be  stricken  from 
the  section,  allowing  it  to  remain  otherwise  as 
it  is,  for  the  reasons  which  have  been  given. 
That  is.  however,  more  a  matter  of  taste  than 
otherwise.  I  have  some  objection  to  one  or 
two  of  the  expressions  contained  in  the  para- 
graph or  section  which  my  friend  from  Ormsby 
(Mr.  Johnson)  offers  as  a  substitute  :  but  in  any 
event,  whatever  shall  prevail.  I  want  the  lan- 
guage em]doyed  to  be  such  as  can  be  distinctly 
understood.  So  far  as  I  am  concerned.  I  only 
desired  to  place  myself  on  the  record  as  being 
in  favor  of  taxing  the  mines,  when  they  are 
mines,  and  not  liefore. 

Mr.  CR(JS.MAX.  This.  Mr.  Chairman,  and 
gentlemen  of  the  Committee,  is.  I  think,  one  of 
the  most  important  questions  which  has  been, 
or  will  be.  before  the  Convention.  Very  much 
time  has  already  been  spent  in  the  disctission 
of  tliis  nuitter.  but  I  feel  that  I  should  be  doing 
injustice  to  myself,  and  to  ray  constituency,  if  I 
should  let  it  pass  without  expressing  my  opin- 
ion upon  it — without  giving  a  reason  for  the 
faith  that  is  in  me.  In  my  opinion,  if  in  the 
oiitset  we  had  come  here  and  taken  hold  of  this 
article  at  once,  and  explained,  and  fixed  it.  in 
language  so  plain  that  it  could  not  be  misun- 
derstood, and  tiien  gone  home,  we  should  haA'e 
done  our  duty,  at  least  in  a  great  measure. 
Aiul  L  firmly  believe  that  if  an  angel  from 
heaven  were  to  frame  the  rest  of  our  Constitu- 
tion, leaving  this  article  only  for  us.  and  we 
should  go  on.  and  frame  it  in  such  a  way  that 
every  laboring  man  could  not  understand  it. 
or  so  that  its  language  should  be  susceptible  of 
two  or  more  interpretations,  the  people  would 
reject  our  Constitution.  1  conceive  that  this 
provision  should  be  framed  in  such  language, 
that  the  most  common  understanding,  and  the 
most  illiterate  man.  may  fully  comprehend  it ; 
and  to  that  end.  we  should  put  in  only  the 
plainest  language. 

Now.  I  am  not  in  favor  of  either  of  the  propo- 
sitions which  are  pending  before  the  Convention, 
in  the  shape  of  amendments.  There  has  been 
much  said  of  which  I  apj)rove.  I  do  believe, 
and  I  start  out  with  that  proposition,  that  all 
property  should  be  subject  to  taxation  equally. 
I  believe  that  to  be  a  principle  founded  in  jus- 
tice and  equity,  which  no  man  can  gainsay. 
But  we  are  peculiarly  situated  in  this  Territo- 
ry— more  so  than  in  any  other  country  known 
in  history.  Our  primary  and  principal  interest 
is  the  mines,  and  it  is  for  the  advantage  and  in- 
terest of  the  people  of  this  Territory  to  encour- 
age the  development  of  the  mines,  and  to  en- 
courage the  early  work  of  prospecting,  as  we 
term  it,  before  the  mines  are  developed.  For 
that  reason,  I  am  in  favor  of  incorporating  in 
this  article  of  the  Constitution  something  which 
possibly  may  appear  like  legislation,  though, 
in  my  opinion,  it  is  no  more  so  than  manj' 
things  which  we  have  already  adopted.  My 
W 


wish  is  to  provide  and  establish  a  limit  as  to 
the  market  value  of  the  mines — a  price  below 
which  they  shall  not  be  subject  to  assessment. 
By  doing  that,  we  shall  fix  the  rtxlc  in  such  a 
shape,  that  the  miner  can  tmderstand  it.  I  do 
not  recognize  the  correctness  of  the  doctrine 
that  the  mining  claims  ought  not  to  be  assessed. 
They  should  pay  a  share  towards  the  expenses 
of  the  government.  It  is  certainly  through  the 
mines  that  governmental  expenses  are  incurred, 
to  a  very  large  extent,  and  therefore,  when  they 
l>ecome  property,  and  are  available  to  raise 
money  upon.  I  do  believe  they  should  be  recog- 
nized as  property,  and  should  be  made  to  bear 
an  equal  share  of  taxation.  And  the  proposi- 
tion I  would  make,  provided  these  amendments 
were  voted  down,  and  the  question  before  the 
Convention  should  assume  such  a  shape  that  I 
could  do  so  in  order,  would  be  to  the  effect 
that  no  mining  claim  having  a  value  below  a 
certain  figure,  shall  be  taxed — that  the  Legisla- 
ture shall  not  pass  a  law  taxing  mining  claims 
having  a  market  value  below'  a  certain  amount 
per  foot — and  in  the  amendment  which  I  have 
prepared.  I  have  placed  that  limitation  at  a 
iuuulred  dollars  a  foot.  It  will  rarely  happen 
hereafter.  I  think,  that  a  claim  will  attain  a 
value  of  one  hundred  dollars  a  foot,  without  a 
ledge  having  been  found,  and  some  proof  in 
regard  to  the  value  of  that  ledge ;  and  for  that 
reason,  I  have  fixed  it  as  low  as  one  hundred 
dollars,  altho\igh.  perhaps,  six  months  ago,  I 
might  ha\e  preferred  a  higher  figtire. 

So  far  as  I  am  concerned,  the  interests  of  my 
constituents  are  based  on  mining.  They  are  all 
mainly  dependent  upon  them  —  either  tipon 
milling  or  upon  prospecting  the  mines — and  I 
know  that  this  same  mining  clatise,  as  it  is 
called,  when  the  old  Constitution  was  submit- 
ted to  the  people,  last  January,  was  to  them  a 
strong  objection.  The  question  arose — What  is 
a  mine?  and  some  gentlemen  took  the  position 
that  a  hole  in  the  ground  was  not  a  mine,  while 
others  maintained  that  it  was.  A  great  deal 
was  said  during  that  Convention  in  regard  to 
what  was  a  mine  and  what  was  not. 

Mr.  DeLONG.  I  wish  to  ask  a  question. 
How  many  mines  in  your  j^art  of  the  country 
would  be  subject  to  taxation  under  that  amend- 
ment of  yours  ? 

Mr.  CTiOSMAN.  I  am  not  aware  of  any 
mine  there  that  would  be.  [Laughter.]  If  we 
had  them,  however,  we  should  be  willing  to 
pay  taxes  upon  them  to  sujjport  the  Govern- 
ment. I  was  saying  that  the  objection  was 
raised  in  the  canvass  upon  the  Constitution,  in 
regard  to  the  definition  of  the  word  "  mine," 
and  I  was  about  to  say  that  my  worthy  friend 
from  Storey,  (Mr.  DeLong).  during  that  canvass 
urged  in  a  speech  which  he  made  there  just 
before  that  election,  that  a  mine  was 

Mr.  NOURSE  (interrupting.)  I  rise  to  a 
point  of  order.  I  would  ask  if  a  gentleman 
can  be  held  responsible  for  what  he  may  have 
said  in  a  stump  speech  ?     [Merriment.] 

The  CHAIRMAN.    So  far  as  the  gentleman 


554 


TAXATION. 


[10th  day> 


Thursday,] 


Ckosmax — McClinton. 


[July  14. 


from  Storev  is  concerned,  the  Chair  thinks  he 
can  hardlv  V)e  held  responsible.   [Laughter.] 

Mr.  ClioSMAX.  As  I  have  said,  the  ques- 
tion was  raised  freqnenlly  during  the  canvas  as 
to  what  was  the  meaning  of  the  word  ••  mine." 
Some  lield  that  a  mine  was  only  a  claim  which 
had  struck  a  ledge,  and  others  defined  it  as  a 
hole  in  the  ground,  whence  precious  metals 
were  taken.  And  iipou  that  latter  view,  some 
of  the  miners  took  the  position  that  inasmuch 
as  they  had  holes  in  the  ground  from  which 
tiiey  could  take  precious  metals  to  a  small 
amount,  therefore,  under  that  provision,  they 
would  1)0  taxed. 

Now.  I  do  feel,  Mr.  Chairman  and  gentlemen, 
that  it  is  important  that  we  should  clearly  de- 
fine our  position  on  this  question.  Notonly 
my  own  constituency,  but  the  constituencies  of 
several  other  members  on  this  floor,  who  are 
representing  undeveloped  mines,  in  Humboldt, 
in  Esmeralda,  and  in  Lander  Counties,  are 
deeply  interested  in  this  matter.  They  have  a 
great  many  undeveloped  mines  in  those  districts, 
which  1  hope  are  better  than  ours,  but  we  also 
have  some  which  are  undeveloped ;  and  I  do 
urge  the  importance  of  making  this  distinction, 
or  some  like  distinction,  so  that  when  this  Con- 
stitution goes  to  the  people,  the  language  it 
contains  will  be  such  that  they  shall  know  what 
they  are  voting  for— so  that  when  they  go  to 
the'  ballot-box  they  will  not  feel  that  they  are 
voting  for  a  provision  which  is  susceptible  of 
an  interpretation  either  one  way  or  the  other, 
and  that  interpretation  may,  after  all,  be  against 
them,  and  the  Legislature  may  tax  their  efforts 
in  the  way  of  developing  the  mines  so  heavily 
that  all  tlieir  labors  to  that  end  may  be  lost.  I 
tell  yon  if  that  shall  be  our  action,  the  miners 
will  hesitate  long  before  they  will  vote  for  a 
Constitution  containing  svrch  a  provision.  Now, 
I  do  believe  we  arc  anxious  to  frame  a  Consti- 
tution which  will  be  acceptable  to  the  people, 
and  upon  which  we  can  maintain  a  State  Gov- 
ernment. The  people  of  Storey  County  prob- 
ably are  not  much  interested  in  the  class  of 
mines  which  are  still  undeveloped,  and  they 
ought  to  be  willing,  if  they  have  mines  which 
are  worth  a  hundred  dollars  a  foot,  to  pay  the 
tax  which  may  Ije  assessed  upon  such  mines, 
for  the  purpose  of  maintaining  our  govern- 
ment. 

And  here  is  one  fact  worthy  of  our  consider- 
ation, and  that  is,  that  if  we  neglect  to  provide 
for  the  taxation  of  mining  property,  we  relieve 
from  taxation  altogether  a  great  amotmt  of 
proi)erty  owned  by  non-residents,  but  which 
nevertheless  is  protected  by  the  State  (lovern- 
ment,  at  very  great  expense.  Avery  large  pro- 
portion of  the  property  in  Storey  County  is 
held  by  parties  outside  of  the  limits  of  this 
Territory,  and  therefore  is  beyond  the  reach  of 
taxation,  for  the  jjurpose  of  maintaining  our 
Government ;  and  yet  the  litigation,  the  law- 
suits growing  out  of  that  property,  is  costing 
hundreds  of  thousands  of  dollars  annually. 
Hence,  I  say,  it  is  important  that  that  species  of 


property  should  be  subjected  to  taxation.  But 
that  class  of  men  who  are  laborers  in  the  mines, 
I  think,  should  be,  as  they  would  be  under  the 
rule  I  propose  to  adopt,  exempted  from  taxa- 
tion. And  the  owners  of  these  undeveloped 
mines  would  feel,  whenever  their  mines  should 
come  within  that  rule,  willing  to  jiay  the  taxes 
imposed  upon  them,  and  hence  they  would  be 
willing  to  endorse  by  their  votes  a  provision  of 
this  kind,  feeling  that  the  object  of  it  is  the 
protection  of  the  interests  of  those  men  who 
are  delving  in  the  mines.  I  do  hope  that  nei- 
ther of  the  ])ropositions  now  before  the  Con- 
vention will  be  adopted,  for  the  reason  that  I 
want  to  see  the  article  further  amended  in  the 
manner  I  have  suggested. 

Mr.  McCLINTON.  I  wish  to  have  my  posi- 
tion fully  understood  upon  this  question,  and  in 
explaining  it,  I  shall  try  not  to  occupy  the  time 
of  the  Convention  to  exceed  three  minutes,  as 
I  perceive  that  the  hour  for  the  recess  is  near 
at  hand.  I  do  not  want  this  question  to  go  be- 
fore the  jieople  so  mystified  that  the  voters  of 
the  Territory  cannot  fully  understand  it.  On 
the  contrary,  I  desire  to  see  it  made  so  plain 
that  the  most  illiterate  man  in  the  Territory 
may  be  able  to  know,  when  he  goes  to  the 
polls,  whether  he  is  voting  to  tax  the  mines,  or 
voting  to  exempt  them  from  taxation.  I  am 
willing  to  assume  the  responsibility  of  what  I 
may  define  as  my  position,  for  my  constituents, 
I  know,  understand  it  already,  and  I  desire 
that  the  people  of  the  whole  Territory  shall 
know  as  weil  as  they  do  what  position  I  intend 
to  take  upon  this  question. 

I  do  not  believe,  sir,  that  the  bed-rock  tunnel 
which  is  searching  for  minerals  in  the  depths  of 
one  of  our  hills  is  a  mine  ;  nor  do  I  believe  it 
can  possibly  be  considered  as  a  possessory 
right  to  a  mine,  because,  unless  you  can  see 
into  the  hill  itself,  so  as  to  ascertain  that  a  mine 
is  there,  how  can  you  decide  that  there  is  one 
there?  I  am  not  opposed  to  the  policy  of 
taxing  mines  and  mining  property,  provided 
there  is  anything  tangible  to  be  taxed  ;  any- 
thing that  possesses  real  intrinsic  value  ;  but  I 
claim  that  if  a  miner  expends  thousands  of  dol- 
lars in  delving  in  our  hills,  or  if  he  expends 
thousands  of  dollars  in  drifting  upon  a  quartz 
ledge,  that  does  not  show  that  he  has  something 
of  intrinsic  value.  He  has  got  no  mine  ;  he  is 
only  prospecting  for  one  ;  and  until  he  finds  it, 
I  do  not  believe  he  has  any  taxable  possessory 
right.  I  say  he  cannot  justly  be  taxed  for  the 
privilege  of  hunting  for  a  mine.  When  he  finds 
it,  however,  it  belongs  to  the  General  Govern- 
ment— that  is,  the  real  title  is  vested  in  the 
Government,  not  in  the  individual  claimant,  or 
discoverer  of  the  mine.  But  he  has  a  posses- 
sory title  which  the  Government  respects,  and 
is  as  little  likely  to  rob  him  of  as  it  would  be  to 
rob  me  of  one  hundred  and  sixty  acres  of  land 
alter  I  had  preempted  it,  and  acquired  my  title 
from  the  Government. 

I  should  like  to  see  this  section  so  modified 
as  not  to  be  ambiguous  in  any  single  sentence 


lOth  day.] 


TAXATION. 


355 


Thursday.] 


LOCKWOOD. 


[July  14. 


or  clau.se.  I  desire  the  people  to  understand 
plainly,  when  they  vote  on  this  Constitution, 
that  they  are,  or  that  they  are  not,  voting  for 
the  taxation  of  the  mines.  I  admit  that  this 
printed  instrument  which  serves  as  the  hasis  of 
our  action  was  rejected,  in  Esmeralda  County 
at  least,  last  fall,  almost  for  the  sole  reason  that 
it  authorized  the  taxation  of  mines  and  minuig 
property  ;  but  I  believe,  nevertheless,  that  the 
majority  of  the  people  in  that  county  are  not 
indisposed  to  tax  the  mines  whenever  they  be- 
come able  to  bear  the  burden  of  taxation.  But 
they  want  the  language  so  plain  and  consjiicu- 
ous  in  the  article  as  to  leave  no  doubt  iu  their 
minds  whether  they  are  to  be  taxed  only  upon 
mines  that  are  actually  paying  for  working 
them,  or  to  be  taxed  also  for  the  mere  privilege 
of  seeking  for  a  mine. 

I  believe  that  tlie  mining  counties  generally 
will  not  object  to  being  taxed  upon  the  actual 
value  of  mines  that  have  an  intrinsic  value,  so 
distinct,  and  so  easily  arrived  at,  as  to  present 
no  difficulty,  and  no  question  at  all  in  the 
mind  of  the  assessors,  or  of  the  law-makers. 
I  believe  iu  taxing  such  mines,  I  say.  but  I  do 
not  believe  that  a  quartz  ledge  to  which  I  may 
claim  that  I  have  a  possessory  title,  for  the 
purpose  of  trying  to  fiud  a  mine,  can  be  legiti- 
mately considered  as  a  mine.  I  am  not  entirely 
satisfied  with  the  amendment  offered  by  the 
gentleman  from  Storey,  (Mr.  Tozer,)  but  at 
the  same  time  I  am  empliatically  opposed  to 
the  amendment  proposed  by  the  gentleman 
from  Ormsby,  (Mr.  Johnson,)  and  upon  the 
principle  of  choosing  the  least  of  two  evils,  I 
stiall  vote  for  the  amendment  of  the  gentleman 
from  Storey. 

Mr.  LOCKWOOD.  I  rise  for  information. 
The  gentleman  from  Ormsby  (Mr.  Johnson) 
has  said  that  there  was  but  one  individual  in 
th;  Convention  who  was  opposed  to  a  State 
Government. 

The  CHAIRMAN.  I  said  there  was  only 
one  so  far  as  had  yet  appeared  by  any  expres- 
sion of  opinion  in  the  Convention. 

Mr.  LOCKWOOD.'  Now,  I  desire  that  I 
may  not  appear  inconsistent,  in  case  I  should 
see  fit  to  oppose  the  Constitution  when  it  comes 
before  the  people,  and  therefore  I  wish  to  state 
my  position.  I  said  when  I  was  nominated — 
and  the  nomination  was  entirely  unsolicited  on 
my  part — that  I  had  always  been  opposed  to  a 
State  Government,  and  had  voted  against  the 
calling  of  the  former  Convention  ;  that  I  did 
so  because  I  did  not  think  it  necessary  for  us 
to  become  a  State.  And  I  said  I  did  not  think 
that  any  man  holding  that  position  really  ought 
to  come  into  this  Convention,  and  I  had  no  de- 
sire therefore  to  be  elected  as  a  Delegate  to  the 
Convention  ;  but  I  said  if  I  should  be  elected, 
I  would  do  all  I  could,  with  what  little  ability 
I  possessed,  to  create  a  good  Constitution,  and 
then  if  I  thought  that,  under  that  Constitution, 
the  prosperity  of  the  people  of  the  Territory 
would  be  enhanced  by  the  adoption  of  a  State 
form   of  government,  perhaps  I  would  favor 


it.     With  this  explanation,  I  will  leave  that 
personal  matter. 

Now,  I  propose  to  occupy  about  three  min- 
utes in  discussing  the  question  before  the  Con- 
vention. It  seems  to  me.  Mr.  Chairman,  that 
there  is  a  strange  inconsistency  in  the  action 
of  sonre  of  the  mem))ers  of  this  Convention. 
They  were  so  liberal  in  their  views  and  feelings 
a  few  days  ago,  that  they  proposed  to  vote 
away  three  millions  of  dollars  to  the  Pacific 
Railroad  Company,  when  the  great  State  of 
California,  whose  wealth,  compared  with  that 
of  this  Territory,  is  as  a  mountain  to  a  mole- 
hill, only  proposes  to  pay  the  interest  on  a  mil- 
lion and  a  half  of  the  bonds  of  that  company. 
I  opposed  that  proposition  for  the  very  reason 
that  I  favor  the  amendment  of  my  colleague, 
(Mr.  Jolmson.)  now  before  the  Convention"  I 
saw  a  disposition,  as  I  thought,  to  leave  that 
matter  in  a  state  of  uncertainty.  As  a  distin- 
guished gentleman  from  the  South  once  siid  in 
the  Congress  of  the  United  States,  when  the 
slavery  question  was  under  discussion  there, 
that  he  desired  to  put  it  before  the  American 
people  in  such  a  form  that  nobody  would  be 
cheated,  so  I  am  decidedly  in  favor  of  the 
amendment  of  my  colleague  to  this  article,  in 
order  that  nobody  may  be  cheated.  Then  we 
say  to  the  people  that,  having  assembled  here 
to  frame  a  Constitution,  we,  in  our  wisdom, 
decide  upon  this  proposition  :  that  if  they  de- 
sire a  State  Goverume»t  at  all  they  must  sub- 
mit to  the  taxation  of  the  mines.  For  I  submit 
that  gentlemen  raked  this  Territory  as  with  a 
fine-tooth  comlj,  to  find  something  to  donate  to 
the  Pacific  Railroad,  and  they  could  only  fiud 
five  hundred  thousand  acres  of  land  which  we 
are  to  receive  hereafter  as  a  gift  from  the  Gen- 
eral Government.  They  gave  that  away  to 
the  railroad  company,  and  it  was  all  they  could 
find. 

Now,  these  gentlemen  submit  to  us,  who  rep- 
resent the  few  cabbage  patches  there  are  in  the 
Territory,  this  proposition  :  "  We  will  go  into  ' 
a  State  organization,  provided  you  will  pay 
the  expense.''  I  consider  that  as  the  real  prop- 
osition, divested  of  all  the  talk.  Who  is  it  that 
wants  a  greater  number  of  judges?  Why,  the 
mining  interest.  Who  is  it  that  wants  a  re- 
modeling of  our  form  of  government?  It  is 
the  mining  interest.  And  you  magnanimously 
propose,  as  the  gentleman  from  Esmeralda, 
(Mr.  Mason.)  said,  iu  substance,  if  not  in  words  : 
••  If  you  will  pay  for  the  support  of  a  State  Gov- 
ernment, we  will  buy  your  cabbages,  provided 
you  sell  them  lower  than  we  can  get  them 
from  California."  That  is  a  magnanimous 
proposition,  truly !  Now,  I  happen  to  know 
something  in  regard  to  the  election  in  Esmer- 
alda County,  for  I  was  there  last  winter,  work- 
ing with  a  party  of  twenty-six  men  in  a  mill. 
The  weather  was  rather  bad,  and  we  did  not  go 
up  to  vote,  but  we  took  a  vote  among  the  me- 
chanics who  were  there,  and  there  was  but  one 
man  among  them  who  was  not  opposed  to  a 
State  Government.     Every  individual  except 


356 


TAXATION. 


[10th  day> 


Thursday,] 


Masox — LocKwooD— Chapin — DeLong — Gibson. 


[July  14. 


oae  was  in  favor  of  taxing  the  mines.  I  may 
be  taking  an  undue  advantage  of  my  friend 
from  Esmeralda. 

Mr.  MASON.  Oh,  not  all ;  it  amounts  to 
nothing. 

Mr.  LOCKWOOD.  Now.  I  propose  to  inquire 
what  it  is  that  the  miner.s  want.  In  the  first 
place,  they  say  we  want  the  railroad,  and  we 
want  the  agricultural  counties  to  pay  for  it. 
Then  we  want  more  judges,  provided  you  pay 
for  them,  also.  No  one  has  pretended,  in  this 
Convention,  to  argue  that  the  railroad  would 
enhance  the  value  of  agricultural  property, 
but  on  the  other  hand,  they  have  contended 
that  we  were  opposed  to  the  railroad  provision, 
because  of  the  supposition  that  a  railroad  could 
bring  vegetaV)les  into  our  markets  from  Cali- 
fornia, a  little  cheaper  than  at  present.  Now, 
sir,  the  reason  mainly  why  I  am  in  favor  of 
taxing  the  mines  has  not  yet  been  stated  in  this  I 
debate.  I  am  in  favor  of  taxing  the  mines,  be- 
cause I  want  to  make  those  gentlemen  who  are 
rolling  in  wealth  in  Sau  P'rancisco,  pay  some- 
thing for  the  support  of  our  government,  for 
the  support  of  our  common  schools,  and  for  the 
support  of  our  courts. 

The  CHAIRMAN.  The  Chair  will  suggest 
to  the  gentleman  that  the  Committee  should 
rise  now.  as  the  time  for  the  recess  has  arrived, 
and  the  gentleman  will  be  entitled  to  the  floor 
when  we  go  into  Committee  again. 

Mr.  LOCKWOOD.  Very  w\-ll ;  I  move  that 
the  Committee  rise,  report  progress,  and  ask 
leave  to  sit  again. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

I.V     CONVEXTIOX. 

The  SECRETARY  reported  that  the  Com- 


COMMITTEE    OF   THE    WHOLE  —  TAXATION. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (the  President 
remaining  in  the  Chair,)  and  I'esumed  the  con- 
sideration of  Article  X,  entitled  Taxation. 

Mr.  LOCKWOOD.  I  feel  very  little  like  at- 
tempting to  obtrude  further  upon  this  Conven- 
tion, but  as  the  discussion  of  this  question  has 
taken  a  very  wide  range,  I  propose  to  give  my 
opinions  in  full,  although  it  may  be  an  inflic- 
tion -ipon  the  Convention. 

When  the  time  arrived  for  the  recess  this 
afternoon,  I  was  about  to  speak  of  the  injus- 
tice, or  what  I  consider  as  the  injustice,  at  least, 
of  taxing  none  but  the  actual  residents  of  this 
Territory,  for  that  which  benefits  others  as  much 
as  it  does  ourselves.  Now,  I  do  insist  that  it 
is  not  justice  to  exempt  from  taxation  that 
which  we  are  bound  by  our  courts  to  protect. 
I  have  myself  felt  the  burden  of  being  sum- 
moned upon  a  jury,  and  thus  called  away  from 
that  labor  which  demanded  my  time  and  atten- 
tion, for  the  purpose  of  spending  weeks  in  this 
city,  occupied  in  trying  causes  in  which  the 
residents  of  this  Territory  had  no  interest  w  hat- 
ever.  Sir,  we  are  called  upon  to  pay  the  sala- 
ries of  judicial  officers,  whose  time  and  atten- 
tion is  occupied  in  trying  causes  that  intei'est 
the  residents  of  San  Francisco  alone,  and  1  in- 
sist that  it  is  not  justice  to  the  residents  of  this 
Territory,  for  I  admit  that  it  is  not  a  very  de- 
sirable place  for  men  to  live,  that  they  should 
be  called  upon  to  come  here  to  open  the  roads,, 
to  build  school-houses  and  churches,  and  to  de- 
velop the  resources  of  the  land,  for  the  benefit 
of  other  men,  who  have  sulijected  themselves  to 
no  such  privations,  or  hardships ;  while  on  the 
other  hand,  they  are  receiving  immense  interest 

mittee  of  the  Whole  had  had  under  considera-   upon  the  investments  which  they  have  made  in 

tion  Article  X,  entitled  Taxation,  had  made  I  this  Territory. 

some  progress  therein,  and  had  instructed  him  i      It  is  a  principle  in  political  economy,  that 

to  ask  leave  to  sit  again.  i  capital  is  sensitive,  not  to  principles  of  patriot- 

The  report  was  accepted,  and  leave   to  sit  i  ism,  not  to  principles  of  State  pride,  but  to 

again  was  granted  accordingly.  the   principles  of  loss  and  gain  alone.     Upon 

Mr.  CIIAPIN  gave  notice  of  a  meeting  of  this  very  point  I   attenipted   to   suggest   my 


the  Conunittee  on  State  Seal. 

Mr.  DkLONG  gave  notice  of  a  meeting  of 
the  Committee  on  Phraseology. 

The  hour  of  live  o'clock  having  arrived,  the 
President  declared  the  Convention  at  recess 
until  seven  o'clock,  P.  M. 


views  to  the  Convention,  when  the  railroad 
question  was  before  us.  I  maintain  that  no 
railroad  project  was  ever  yet  instituted  and 
carried  out  for  the  purpose  merely  of  benefiting 
any  State,  or  for  the  purpose  of  advancing  the 
interests  of  any  people,  living  under  a  republi- 
can form  of  government.  Capital,  as  I  said 
before,  is  sensitive  only  to  profit  and  loss,  and 
I  insist  therefore  that  the  argument  which  gen- 
tlemen have  adduced,  that  we  should  foster  the 
mines,  in  order  to  open  up  new  claims,  and  so 
develop  the  country,  has  no  bearing,  because 
there  never  has  and  never  will  be  a  claim  pros- 
pected in  this  Territory,  merely  for  the  purpose 
of  developing  the  Territory,  or  of  enhancing 
the  President  remaining  in  the  Chair,  and  re- '  the  prosperity  of  the  people.  No,  sir  ;  men 
sume  the  consideration  of  Article  X,  entitled '  go  to  work  in  the  mines  for  their  own  profit 
Taxation.  alone.    Go  with  me  to  any  State— to  the  State 

The  question  was  taken,  and  the  motion  was  of  California,  if  you  please — and  where  do  you 
agreed  to.  [  find  what  gentU  men  choose  to  term  the  prc- 


EVENING  SESSION. 

The  Convention  met  at  seven  o'clock,  P.  M., 
and  was  called  to  order  by  the  President. 

Mr.  GIBSON.  I  move  that  the  Convention 
resolve  itself  into  Committee  of  the   Whole. 


iOtli  da  v.] 


TAXATION. 


357 


Thursday.] 


LOCKWOOD. 


[July  14. 


dominating  interest  of  the  country?    And  I 
am  free  to  admit  that  mining  is  not  only  the 
predominating  interest,  but  the  preponderating 
interest  of  this  country — the  interest  to  which 
all  else  must  bow  in  adoration — the  interest  | 
which  towers  immensely  above  every  other  in- 
terest in  this  Territory.     It  seems  to  me  that 
it  would  be  an  act  of  folly  for  us  to  exempt 
that  all-absorbing  interest  from  taxation — thati 
interest  which  demands  all  the  attention  of  all 
the  people  in  the  community.     It  seems  to  me 
a  preposterous  position  for  gentlemen  to  as- 
sume here,  when  they  get  up  and  tell  us  that  I 
such  an  interest  as  that  ought  to  be  exempted 
from  taxation  ;  and  I  hold,  as  do  many  other 
gentlemen  on  this  floor,  that  the  mining  inter- 
ests would  be  exempted,  under  the  operation  of' 
the  section  as  proposed  to  be  amended  by  the 
gentleman  from  Storey.  (Mr.  Tozer.)  and  I  think 
I  have  very  good  reasons  for  saying  so.    I  have 
spent  ten  years  of  my  life  in  the  State  of  Cali- 
fornia— a  State  which  has  in  her  Constitution. 
a  provision  of  about  the  same  tenor  as  that 
which  the  gentleman  from  Storey  proposes  to  | 
incorporate  in  ours.     And  the  question  I  know  I 
was  made  an  issue  in  every  canvass  there,  both  1 
in  the  mining  and  the  "  cow  counties,"  whether 
or  not  the  mines  should  be  taxed  ;   and  the 
Legislature  of  that  State,  although  acting  un- 
der the  solemn  oath  of  offi'^e,  taken  by  the  mem-  i 
bers,  never  considered  it  incumbent  upon  them  I 
to  pass  a  law  taxing  the  mines  of  California,      j 

Further  than  that,  the  mines  of  this  Territo- 1 
ry  are  owned  in  part,  and  some  of  the  most  j 
valuable  mines  of  the  Territory  almost  wholly, 
by  men  who  are  foreigners — aliens,  who  wish  j 
us  no  good.  I  have  it  from  very  good  authori- 
ty that  the  Spanish  mine,  for  one,  is  now  al-  j 
most  exclusively  owned  by  foreigners.  They  | 
send  men  here  to  take  out  the  gold,  or  the  bul-  j 
lion,  and  when  it  is  taken  out,  it  is  sent  to  the 
city  of  London,  and  there  is  nothing  left  to 
show  for  it  in  this  Territory.  What  other 
country  in  the  world  allows  a  thing  of  that 
kind  to  be  done  on  its  public  domain  ? 

Now,  while  I  hold  that  it  is  impolitic  for  the 
National  Government  to  tax  the  mines  as  prop- 
erty— for  I  do  believe,  (I  say  it  only  as  a  pri- 
vate citizen,  for  I  am  not  professing  to  be  well 
ported  in  legal  matters.)  that  it  is  illegal  and 
unconstitutional,  to  impose  a  tax  on  the  mines 
themselves — at  the  same  time  I  believe  that  it 
would  be  in  violation  of  that  constitutional 
provision  which  says  that  all  taxation  shall  be 
equal,  to  exempt  the  possessory  rights  in  the 
mines,  which  are  property,  from  taxation.  I 
do  not  believe  that  we  have  the  right  to  tax 
any  particular  species  of  property  to  the  exclu- 
sion of  any  other  species  of  property. 

I  desire  to  go  to  work  in  this  matter  of  or- 

anizing  a  State  Government  in  a  business-like 
manner.  Any  business  man  would  assuredly 
fail  in  his  projects,  unless  he  should  first  con- 
sider his  resources,  the  hazards  of  whatever 
investments  he  might  bo  about  to  make,  and 
whether  or  not  the  end  would  justify  the  means. 


Now,  sir.  upon  that  principle,  I  propose,  as  a 
matter  of  business,  to  go  before  the  people  of 
this  Territory,  and  say  to  thera — and  I  believe 
it  to  be  the  true  and  solemn  conviction  of  this 
Convention — that  having  carefully  examined 
every  question  having  a  bearing  upon  the  case, 
this  Convention  has  come  to  the  conclusion 
that  a  State  Government  cannot  be  supported 
without  the  taxation  of  the  mines.  And  inas- 
much as  the  mining  interests  demand  a  change 
in  the  status  of  our  Government — for  it  is  the 
mining  interest  alone  that  asks  for  the  change, 
the  industrial  and  agricultural  interests  being 
satisfied  with  the  present  condition  of  things — 
inasmuch  as  the  representatives  of  the  mining 
interests  demand  at  the  hands  of  the  people  a 
change  in  their  status  of  Government,  therefore 
we  call  on  you  to  come  forward  and  in  this 
canvass  decide  this  one  plain  proposition  :  Are 
you  willing  that  this  great  interest,  the  interest 
which  demands  this  change,  shall  contribute  its 
share  to  the  support  of  the  new  form  of  Gov- 
ernment ?  Let  that  question  be  fairly  decided, 
and  then  there  will  be  no  dodging  the  issue,  no 
decisions  of  the  Supreme  Court  to  wait  for,  no 
necessity  to  make  up  issues  upon  any  proposi- 
tion. I  want  it  so  jolain  that  he  who  runs  may 
read.  I  consider  that  the  proposition  of  my 
colleague  (Mr.  Johnson)  exactly  meets  the  case, 
and  hence  I  am  in  favor  of  it. 

I  regard  the  duties  of  a  delegate  in  this  Con- 
vention in  a  rather  diflFerent  light  from  what 
some  gentlemen  do  who  have  addressed  the 
Convention  upon  this  subject.  I  believe,  sir. 
that  while  the  delegate  should  have  an  eye  to 
the  particular  necessities  and  wants  of  his  im- 
mediate constituents,  he  should  at  the  same 
time  look  abroad  to  the  whole  Territory,  and 
attempt  to  compromise  and  combine  in  such  a 
way  that  the  final  action  of  the  body  shall  be 
as  nearly  perfect  as  possible.  Now,  I  am  satis- 
fied— and  I  am  tolerably  well  acquainted  with 
the  feeling  of  the  people  of  the  whole  Territo- 
ry on  the  subject — that  no  Constitution  which 
provides  that  one  part  of  the  residents  of  the 
Territory  shall  pay  all  the  expenses  of  the 
Government,  the  benefits  of  which  are  to  ac- 
crue entirely  to  the  other  part,  will  ever  receive 
the  endorsement  of  the  people.  That  is  my 
position.  The  mining  interest  being  the  pre- 
dominating interest — the  interest  that  seeks  for 
the  change  in  the  form  of  our  Government— I 
say  it  ought  to  be  the  interest  that  should  most 
promptly  come  up  and  support  the  Govern- 
ment. And  its  representatives  should  most 
willingly  and  cordially  support  the  amendment 
which  proposes  to  allow  that  interest  to  be 
taxed. 

Look  around  you,  sir,  and  see  what  other  in- 
terests we  have.  You  cannot  find  a  single 
State  in  the  American  Union,  and  I  doubt 
whether  you  can  a  single  Territory,  that  has 
ever  at  any  time  been  admitted  into  the  Union 
as  a  State,  that  is,  or  has  been,  so  entirely  de- 
void of  any  and  all  other  resources  except  that 
of  the  one  great  interest,  so  poverty-stricken 


358 


TAXATION. 


[lOtli  day. 


Thursday,] 


LocKWOOD — Banks. 


[July  14. 


in  every  other  respect,  as  ours.  Now,  when 
you  look  abroad  over  these  barren  plaias.  can 
you  for  a  moment  suppose  that  a  State  Gov- 
ernment can  be  supported  by  the  few  hard- 
working men  who  have  occupied  their  little 
potato  patches,  and  are  trying  to  build  up 
those  homes  which  we  have  been  endeavoring 
to  exempt  from  forced  sale?  Do  you  propose 
to  get  at  them,  and  tax  them,  and  to  let  the 
miner  escape  ? 

But  it  is  asked — How  are  we  going  to  get  at 
the  "hole  in  the  ground  "  so  as  to  tax  it?  I 
will  tell  you  how  I  propose  to  do  it.  I  propose 
to  do  as  the  assessor  did  by  me  last  fall.  He 
came  to  me  and  said  :  "Sir,  holdup  your  hand. 
You  do  swear  that  the  answers  you  will  make 
to  the  questions  I  put  to  you,  shall  be  the  truth, 
the  whole  truth,  and  nothing  but  the  truth." 
Now.  if  a  man  has  expended  two  thousand  dol- 
lars where  it  is  entirely  worthless,  will  he  not 
swear  that  he  has  done  so,  and  thereby  escape 
taxation  ?  On  the  other  hand,  the  San  Fran- 
cisco capitalist  who  comes  over  here  to  increase 
his  wealth,  will  have  to  respond  to  that  oath. 
He  is  the  man  who  makes  us  serve  on  juries 
for  his  benefit.  He  appeals  to  our  courts,  and 
our  officers  serve  summonses  and  other  papers 
for  him,  while  he  sits  in  quiet  and  ease  in 
San  Francisco  ;  and  we  do  all  these  things  for 
nothing.  Is  that  justice,  I  ask  ?  Or  is  it  any- 
thing approximating  towards  justice  ? 

I  insist  that,  as  business  men,  we  should  take 
a  reasonable  position  in  this  matter.  If  we 
are  opposed  to  the  taxation  of  the  mines  in  any 
form,  we  are  really  opposed  to  a  State  Govern- 
ment. If  you  put  a  clause  into  the  Constitu- 
tion stating  that  all  property  shall  be  taxed 
equally  and  alike,  then  carry  it  out.  But  you 
intend  to  put  that  clause  in,  because  otherwise 
your  Constitution  would  be  in  contravention 
of  the  Constitution  of  the  United  States,  and 
we  have  already  adopted  that.  Now,  will  not 
that  compel  you  to  tax  the  mines?  On  the 
other  hand,  if  you  do  desire  to  tax  the  mines 
for  the  support  of  that  government  which  the 
mining  interest  imperatively  demands,  then,  I 
say,  come  up  and  say  so,  in  plain,  unmistakable 
t''rms,  so  that  when  we  go  before  the  people  in 
the  coming  canvass,  nobody  will  be  cheated, 
but  we  shall  all  be  able  tc  vote  understand- 

iiigiy- 

Mr.  BANKS.  I  do  not  know  that  I  can  throw 
any  additional  light  upon  this  question,  after  it 
has  been  so  fully  discussed.  I  admire  the  clear 
and  able  manner  in  which  gentlemen  have 
elucidated  this  subject,  and  while  I  confess  that 
I  do  not  like,  more  than  other  gentlemen  do,  to 
sit  here  so  long  without  coming  to  a  vote,  yet 
I  must  Kay  that  if  we  have  spent  any  day  well 
since  we  first  convened,  I  think  it  has  been  this 
day.  I  think  we  understand  the  question  a 
great  deal  better  now,  than  we  did  in  the  morn- 
ing. I  confess  that  I  have  heard  arguments  in 
opposition  to  my  own  views  on  the  question, 
which  I  did  not  suppose  existed,  and  on  the 
other  hand,  I  have  beard  arguments  in  support 


of  the  position  which  I  had  settled  down  upon 
in  my  own  mind  as  the  true  one,  for  which  I 
am  very  thankful  indeed. 

Now,  we  have  three  several  propositions  be- 
fore the  ConventioD.  We  have  first  the  article 
as  it  stands  in  the  basis  which  we  have  adopted, 
in  the  old  Constitution,  and  that  I  regard  as 
clearly  providing  for  the  taxing  of  the  mines. 
It  declares  in  terms  that  cannot  be  misunder- 
stood, that  mining  property,  and  everything 
pertaining  to  the  mines  themselves,  shall  be 
taxed  just  like  any  other  property  existing 
within  the  bounds  of  the  State.  But  it  is  al- 
leged, and  I  think  truly,  that  though  the  pro- 
visions of  that  section  were  sufficient,  under 
the  circumstances  existing  at  the  time  of  the 
former  Convention,  yet  they  are  not  sufficient 
under  the  present  circumstances,  or  in  the  con- 
dition of  things  under  which  this  Convention 
assembles.  This  body  is  convened,  as  has  Vjeen 
stated  by  our  worthy  President,  under  an  En- 
abling Act,  and  having  in  view  the  special  pro- 
visions of  that  Enabling  Act,  our  Presitlent 
proposes  an  amendment  which  clearly,  and  be- 
yond all  question,  covers  the  ground,  that  not 
only  shall  mining  claims  and  mining  property 
be  taxed  like  farms  and  all  other  kinds  of  prop- 
erty, real  and  personal,  but  that  also  anything 
which  can  be  designated  as  a  possessory  right, 
shall  be  taxed.  He  thinks  that  the  words  '•  pos- 
sessory rights  and  claims,"  covers  everything 
which  can  possibly  be  enumerated  in  the  list  of 
things  of  value.  Now,  sir,  if  I  occupied  the 
position  of  that  gentleman — if  I  believed  that 
everything  which  has  a  value,  or  which  could 
be  sold  for  golel  and  silver,  should  be  taxed,  I 
would  unquestionably  insist  on  the  amendment 
which  he  proposes,  because  I  am  free  to  confess 
that  I  do  not  think  anything  materially  short 
of  the  language  of  that  amendment  would 
cover  the  ground  which  he  and  his  friends  de- 
sire to  have  covered. 

And  here  I  will  say  that  I  am  unequivocally 
oppo.sed  to  placing  any  language  in  this  in- 
strument that  will  require — as  it  has  been  con- 
fessed here  that  certain  language  proposed 
would  require — judicial  construction,  or  inter- 
pretation by  the  Legislature.  I  want  to  meet 
the  issue  here,  fairly  and  squarely.  If  all 
property,  regardless  of  its  surroundings — re- 
gardless of  any  question  of  profit  and  loss — if 
everything  that  has  a  market  value,  that  will 
bring  dollars  and  cents,  must  be  taxed.  I  want 
to  say  so.  If,  on  the  other  hand,  we  recognize 
a  difference  between  property  in  mines  and 
property  in  town  lots  anel  in  farms,  then  I 
want  to  recognize  that  fact  here,  and  state  it 
in  the  Constitution  so  plainly,  that  it  cannot 
be  misunderstood. 

But  there  is  another  class  of  men  in  this 
Convention  who  desire  to  take  a  medium 
ground,  and  they  propose  merely  to  strike  out 
the  words  "mines  and  mining  property."  I 
have  referred  to  two  classes — the  one  which 
insists  that  the  mines  shall  not  be  taxed,  and 
the  other  insisting  that  everything  which  will 


10th  day.] 


TAXATION. 


359 


Thursday.] 


B-INKS — LOCKM'OOD — KlXKEAD — NoCESE. 


[July  U. 


bring  dollars  and  cents  shall  be  taxed  ;  and 
besides  these,  I  say,  there  is  another  class  here, 
who  insist  that  the  words  '•  mines  and  mining 
property"  ought  to  be  stricken  out.  thus  leaving 
it  an  open  question  before  the  people  next  fall, 
when  the  Coustitutiou  shall  be  submitted  for 
their  ratification  or  rejection,  and  an  open 
question  also  in  our  future  Legislatures,  and  in 
our  Courts.  They  insist  on  leaving  the  matter 
vague  and  undetermined.  They  seem  desirous — 
and  I  do  not  question  their  motives  in  the  least, 
though  I  do  question  their  policy  very  much — 
of  leaving  the  sutyect  in  such  a  shape  that  they 
can  go  before  the  agricultural  constituencies 
and  say — -••  Gentlemen,  this  Constitution  allows 
you  to  test  the  question  as  to  whether  the  mines 
shall  be  taxed  or  not.  in  the  Legislature,  ai  d  in 
the  Courts  of  the  State."  Then,  on  the  other 
hand,  gentlemen  of  the  raining  counties  could 
go  home  to  their  constituents  and  say — "  Gen- 
tlemen, this  Constitution  does  not  provide  that 
the  mines  shall  be  taxed,  but  it  leaves  that 
matter  just  as  it  is  in  California,  an  open  ques- 
tion, so  that  if  you  vote  for  the  Constitution 
you  can  have  this  remedy,  that  you  can  by 
your  political  power  send  men  to  the  Legisla- 
ture who  will  decide  in  your  tavor  by  refusing 
to  tax  the  mines,  and  if  that  should  fail,  you 
still  have  your  remedy  before  the  Supreme 
Court." 

Now,  sir,  I  do  not  desire  to  see  the  mines 
taxed  indiscriminately  ;  and,  on  the  other 
hand,  I  do  not  want  to  see  the  '-cow  counties  " 
taxed  exclusively.  I  desire  to  see  a  fair  tax 
levied  upon  the  proceeds  of  the  mines,  either 
net  or  gross.  If  the  net  proceeds  could  be  as- 
certained with  any  degree  of  certainty,  that, 
unquestionably,  would  be  the  fairest,  and  in  all 
respects  the  best  plan  ;  but  as  it  is  not  proba- 
ble, however,  that  finy  Legislature  ever  will 
assemble  at  the  capital  of  our  State,  capable  of 
devising  a  plan  by  which  the  net  proceeds  can 
be  arrived  at  with  exactness,  I  desire  to  sec  the 
question  of  net  proceeds  or  gross  proceeds  left 
entirely  open  for  the  exercise  of  the  discretion 
of  the  Legislature,  governed  by  their  experi- 
ence and  the  experience  of  other  legislative 
bodies.  I  say  that  no  Legislature  can  devise  a 
plan  by  which  to  determine  with  certainty  the 
net  proceeds  of  the  mines,  because,  so  far  as 
my  experience  is  concerned.  I  know  of  no 
means  by  which  the  net  proceeds  of  anything 
can  be  determined  sucessl'ully  and  accurately. 
As  a  general  thing,  in  levying  licenses  or  any 
similar  tax,  it  has  been  found  expedient  to  levy 
such  tax  on  the  basis  of  the  gross,  and  not  the 
net  proceeds.  But  as  the  Convention  in  its 
wisdom  has  seen  fit  to  vote  down  a  proposition 
to  tax  the  gross  proceeds  of  the  mines,  I  need  not 
dwell  at  length  upon  that  view  of  the  case,  be- 
cause I  may  consider  the  question,  at  least  for 
present  purposes,  as  having  been  decided.  But 
I  may  say  this,  however,  that  notwithstanding 
the  fact  that  we  have  spent  so  much  time  in 
considering  this  subject,  although  I  am  no 
prophet;  nor  the  son  of  a  prophet,  yet  I  feel 


[  safe  in  making  a  prediction  that  the  time  will 
come,  and  that  before  long.  too.  when  that  ba- 
sis of  taxation  will  be  the  Settled  policy  of  this 
Territory  or  State,  whichever  it  may  be,  in 
taxing  its  mineral  wealth. 

Gentlemen  may  ask.  what  in  this  state  oi 
things  I  would  propose  ?  I  reply  that  I  intend 
to  propose  an  amendment  covering  this  very 
ground.  It  is  not  now  in  order,  and  therefore 
I  shall  not  offer  it  until  it  shall  be  in  order.  I 
shall  vote  upon  the  policy  of  choosing  the  least 
of  two  or  three  evils,  and  I  shall  vote  in  refer- 
ence to  all  the  propositions  before  us  upon  the 
idea  of  choosing  the  best,  and  then  when  they 
are  all  disposed  of  one  way  or  another.  I  shall 
propose  to  strike  out  the  whole  section  and 
substitute  this,  the  first  part  of  which  is  in  the 
language  of  the  amendment  proposed  by  the 
gentleman  from  Ormsby  (Mr.  Johnson)  : 

Section  1.  The  Legislature  shall  pro\-ide  by  law 
for  the  assessment  and  collection  of  taxes  by  a  uniform 
rnle.  so  that  taxes  shall  be  assessed  and  collected  on 
all  property,  possessory  rights  and  claims,  according 
to  their  true  value  in  money  ;  2^roi'kled,  that  no  tax 
shall  be  imposed  on  any  mining  claim,  or  possessory 
right  thereto,  which,  at  the  time  of  making  the  assess- 
ment, has  a  market  value  in  money  of  less  than  five 
dollars  per  foot. 

Now.  sir,  1  know  very  well  that  it  is  not 
strictly  in  order  now  to  discuss  that  proposi- 
tion, but  in  view  of  the  fact  that  an  amendment 
of  that  kind  is  proposed  to  be  offered  hereafter. 
I  wish  to  present  my  objections  to  the  amend- 
ment we  have  now  immediately  before  the  Con- 
vention. 

Mr.  LOCKWOOD.    Will  the  gentleman  per- 
mit me  to  ask  him  a  question.    How  does  he 
propose  to  ascertain  the  value  ? 
m-.  KINKEAD.    By  the  Assessor. 
Mr.  BANKS.     I  believe  it   is  generally  con- 
ceded that  what  the  gentleman  from  Ormsby 
(Mr.    Lockwood)    himself    has    so    frequently 
stated,  is  true,  that  the  value  of  property  can 
be  ascertained  without  difficulty.     He  said  the 
value  of  his  property  was  ascertained  by  his 
holding  up  his  hand  and  swearing  to  its  value. 
Mr.  LOCKWOOD.     I   only  wanted  to  see  if 
we  could  agree  upon  that  point. 

Mr.  BANKS.  I  think  we  agree  more  nearly, 
perhaps,  than  the  gentlemen  would  think.  He 
proposes  to  raise  a  revenue  to  support  the  Gov- 
ernment, and  I  propose  the  same  thing,  but  I  do 
not  propose,  in  order  to  do  that,  to  tax  a  man  for 
I  his  hopes  of  future  wealth.  If  a  man,  through 
j  his  scientific  knowledge,  or  his  skill  as  a  pros- 
pector, or  the  mere  ardency  of  his  hope,  comes 
to  the  conclusion  tliat  down  somewhere  in  the 
i  earth  there  is  a  valuable  mine,  and  thereupon 
j  starts  to  develop  it ;  if  he  supposes,  what  no- 
body else  perhaps  does,  that  it  is  worth  thou- 
I  sands  of  dollars.  I  do  not  propose,  therefore, 
,  that  it  shall  be  taxed  for  .snch  an  amount.  But 
jjust  as  soon  as  it  is  developed  sufficiently  to 
I  make  it  an  object  of  value,  to  the  very  limited 
1  extent  of  five  dollars  a  foot,  then  I  desire  that 
j  he,  like  all  the  rest,  should  be  taxed. 

Mr.  NOURSE.    I  wish  to  ask  the  gentleman 


360 


TAXATION. 


[10th  daj'. 


Thursday,] 


Banks — Duxne. 


[July  14. 


one  question,  in  good  faith.  I  would  like  to 
asli,  in  reierence  to  taxing  a  miner's  expecta- 
tions, it  those  expectations  can  be  sold  in  the 
marliet  to  pay  the  tax,  in  case  it  is  not  paid,  is 
there  any  good  reason  for  not  taxing  tliem  for 
so  niuchas  they  will  bring? 

Mr.  BANKS.  I  will  endeavor  to  answer  that 
question  at  the  close  of  my  remarks. 

Now.  sir,  our  very  learned  and  worthy  friend 
from  Storey,  (Mr.  Brosnan,)  presented  a  propo- 
sition here,  in  regard  to  which  I  did  not  agree 
with  him,  but  to  which,  for  the  purposes  of  this 
argument,  I  now  propose  to  refer.  Substan- 
tially, he  propounded  the  inquiry — "  What  is  a 
mine?''  He  undoubtedly  referred,  though  he 
did  not  dwell  upon  it  at  length,  to  the  defini- 
tions of  mines  which  were  given  last  summer, 
aiul  I  do  not  know  but  he  is  the  author  of  the 
argument  which  was  published  last  summer, 
based  upon  the  definition  given  by  Webster, 
that  a  mine  is  an  excavation  in  the  earth  from 
which  minerals  are  taken.  Now  I  claim  that 
that  kind  of  definition  will  not  distinguish 
what  we  may  regard  as  a  valueless  mine  from 
a  mine  embracing  great  value.  It  is  not  suf- 
ficiently clear  and  distinct  to  rely  upon  as  a 
part  of  a  constitutional  and  statutory  provis- 
ion. I  am  inclined  to  believe  that  that  gentle- 
man's views  and  my  own  quite  agree  as  re- 
gards this  question,  but  I  wish  to  go  a  little 
further  than  he  does.  I  desire  to  have  that 
state  of  things  by  which  only  that  kind  of 
mine  which  produces  metals  of  value  shall  be 
taxed.  I  desire  to  place  in  the  Constitution 
something  more  definite — something  which  will 
distinguish  between  mines  which  are  of  little 
value  and  those  which  are  of  great  value.  I 
desire  to  fix  a  limit  somewhere  between  mere 
prospecting  and  mining.  If  five  dollars  a  foot 
is  too  little,  or  t«o  nmch,  then  change  it  to 
some  other  figure  ;  but  give  us  some  assurance 
that  persons  who  are  engaged  in  prospecting 
will  not  be  subject  to  burdensome  taxation. 
Let  the  miners  be  assured  of  that. 

Now.  I  say  there  is  a  vast  difference  between 
a  prospecting  enterprise  —  in  entering  upon 
which  men  may  think  they  have  good  reason 
to  believe  that  success  will  attend  their  etlbrts — 
and  a  farming  enterprise.  A  man,  for  example, 
locates  a  mining  claim  which  he  believes  to  be 
a  good  one.  lie  is  willing  to  take  the  chances 
then',  under  all  the  circumstances,  and  he  con- 
ceives that  by  the  expenditure  of  a  consider- 
able amount  of  money,  and  a  considerable 
amount  of  labor,  he  will  make  himself  wealthy. 
Perhaps  very  fe'W  others  l>eli(ne  with  him  ;  but 
it  may  !)■'  that  there  is  some  one  man,  perhaps, 
who,  relying  upon  the  good  Judgment  of  the 
l)rospector,  or  relying  upon  other  circumstan- 
ces, conceives  the  same  idea,  and  he  oifers  the 
locater  three  dollars,  four  dollars,  or  four  dol- 
lars and  a  iialf  per  foot  for  his  claim.  Now, 
tliat  man.  understanding  the  lay  of  the  ground, 
undi'rsianding  the  t()i)0graphy  of  the  country, 
and  the  mineral  indications  there,  perhaps  does 
not  want  to  give  up  his  chauces.     At  the  same 


time,  under  this  proposed  constitutional  pro- 
vision, he  would  be  compelled  to  pay  a  tax 
equivalent  to  the  amount  ottered  by  his  equally 
sanguine  neighbor.  I  do  not  think  that  is  just 
or  wise.  I  would  like  to  encourage  prospecting 
enterprises,  not  merely  those  of  men  who  ram- 
ble over  the  hills  to  find  places  to  dig,  but 
those  also  which  involve  the  sinking  of  shafts, 
and  the  running  of  tunnels,  in  searching  for 
mines  which  may  exist  beneath  the  surface  of 
the  earth.  The  prospecting  of  a  ledge  to  find 
mineral  deposits,  is  as  much  a  part  of  pros- 
pecting, as  is  roaming  over  the  mountains  in 
search  of  indications.  I  hope,  therefore,  in 
that  view  of  the  subject,  that  we  shall  leave 
this  section  in  such  shape,  by  the  adoption  of 
an  amendment  similar  to  this  which  I  am  now 
prepared  to  otter,  that  while  the  mines  and 
everything  else  will  be  taxed  as  property  gen- 
erally, we  shall  except  those  mines  which  are 
not  worth  at  least  five  dollars  a  foot,  and  ex- 
empt them  from  taxation. 

The  Convention  might  adopt  a  provision  of 
this  nature,  that  no  mine  shall  be  assess'  d 
which  during  the  year  previous  to  the  assess- 
ment has  yielded  less  than  a  certain  specified 
sum.  say  one  thousand  or  five  hundred  dollars, 
if  you  please.  By  either  of  these  modes,  we 
can  accomplish  this  desirable  result.  And  with 
this  thought  I  close.  We  can  secure  this  con- 
dition of  affairs,  and  thus  we  can  secure  the 
taxation  of  all  those  valuable  mines  which  are 
generally  owned  by  non-residents.  We  can,  iu 
that  manner,  derive  all  the  revenue  from  the 
mines  that  we  can  reasonably  expect,  and  at 
the  same  time  we  need  not  oppress  the  pros- 
pecting enterprises.  That  policy,  iu  my  opin- 
ion, is  the  best  which  can  be  adopted,  since  the 
Convention  has  determined  not  to  tax  the  pro- 
ceeds of  the  mines. 

Mr.  DUNNE.  This,  I  believe,  is  the  only  day 
since  we  have  been  here,  on  which  I  have  not 
thought  we  have  had  too  much  discussion.  I 
confess  that  to-day  I  have  been  anxious  to  hear 
the  subject  before  us  discussed,  in  all  its  lights 
and  in  all  its  bearings,  as  it  is  the  one  great 
feature  of  the  Constitution  we  are  framing,  the 
one  great  question  which  we  have  to  determine, 
upon  the  determination  of  which  depends  the 
value,  or  the  ettect,  of  all  our  action.  Because, 
as  this  subject  shall  be  determined,  so  will  the 
people  of  the  Territory  determine  either  to 
adnpt  or  to  reject  this  Constitution. 

Now,  we  must  remember  that  we  are  sitting 
here  in  an  entirely  different  capacity  from  that 
of  a  legislative  body.  We  are  not  assembled 
here  in  the  character  of  men  who  are  under 
their  oaths  with  regard  to  taxation — that  they 
shall  hj  their  votes,  in  establishing  that  taxa- 
tion, do  certain  things,  or  comply  with  certain 
requirements — but  we  are  rather  to  consider 
ourselves  in  the  light  of  delegates  met  together 
for  the  purpose  of  establishing  a  confederation. 
And  in  that  view  we  have,  to  some  extent,  a 
right  to  otter  our  compromises,  one  to  another, 
in  order  finally  to  determine  what  shall  be  the 


loth  day.] 


TAXATION. 


361 


Thursday,] 


DrxNE. 


[July  14. 


fundamental  principle  under  which  we  will  con- 
sent to  confederate  ourselves,  and  by  which  we 
will  hereafter  require  our  general  legislation 
to  be  governed.  Therefore  the  question  is  not 
now  altogether,  as  I  consider  it,  an  absolute, 
abstract  question  of  strict  legal  justice  between 
men,  but  it  is  a  question  as  to  the  general  policy 
to  be  pursued  in  the  formation  of  our  State  Gov- 
ernment. That  is  the  view  which  I  take  of  the 
matter.  And  again,  under  that  distinction,  I 
hold  that  whatever  is  the  best  policy  for  us  to 
adopt,  is  the  most  strictly  just  to  us  all,  and 
the  most  promotive  of  all  our  interests;  for  we 
are  all  interested  in  the  success  of  this  new, 
coming  State.  Whatever  policy,  as  a  gen- 
eral one.  is  adopted  that  is  best  for  us  all,  is 
certainly  just  for  us  all.  Now,  on  that  princi- 
ple of  confederation  to  which  I  have  alluded, 
and  under  that  idea,  that  we  meet  here  to  offer 
our  compromises  one  to  another,  and  to  en- 
deavor to  adjust  matters  among  ourselves,  and 
see  upon  what  principles  we  can  agree  to  act 
together  to  furthin-  our  mutual  interests.  I  deem 
it  entirely  appropriate  for  each  member  to  con- 
sider the  interests  of  his  own  section  of  coun- 
try, at  the  same  time  endeavoring  to  harmonize 
those  interests  as  far  as  possible,  with  the  one 
leading  idea  of  the  general  interest  of  the 
whole. 

Viewing  this  question  before  us  from  that 
stand-point,  I  do  not  believe  that  the  mines 
should  be  taxed  at  all.  I  do  not  think  it  is  the 
best  policy  for  us  to  impose  any  tax  upon  the 
mines.  Gentlemen  will  say  in  answer  to  that : 
"  Would  you  allow  millions  of  capital  now  in 
San  Francisco,  in  New  York,  in  London,  or  in 
France,  perhaps,  to  be  represented  here,  and  to 
derive  benefits  from  our  mines,  and  yet  impose 
no  tax  upon  that  capital  ? ' '  Certainly,  I  reply  : 
I  would  do  so,  and  I  believe  it  to  be  good  poli- 
cy to  do  so  ;  for  what  are  we  without  that  cap- 
ital ?  What  the  mining  interests  here  are  to 
the  agricultural  interests,  that  capital  is  to  the 
mining  interest.  Without  capital,  our  mines 
are  valueless.  We  have  not,  and  never  have 
had,  in  this  Territory,  the  capital  necessary  to 
develop  our  mines,  and  we  are,  therefore,  de- 
pendent for  their  development  upon  foreign 
capital.  It  has  enriched  us  to  an  extent  of 
which  some  members  are  not  aware,  and  instead 
of  endeavoring  to  levy  a  tax  upon  it,  my  opin- 
ion is,  that  we  ought,  as  far  as  we  can,  to  adopt 
such  a  liberal  policy  as  will  be  calculated  to 
call  in  to  our  aid  capital  from  all  parts  of  the 
world,  for  the  presence  of  that  capital,  and  its 
employment  among  us,  will  more  than  compen- 
sate for  the  loss  of  the  sm  ill  amount  which 
miglit  be  derived  from  imposing  a  tax  upon  it. 
So  much  in  regard  to  the  general  proposition 
to  tax  the  mines,  which  I  do  not  regard  as  being 
in  accordance  with  good  policy  under  our  cii*- 
cumstances. 

Now,  with  regard  to  the  different  interests ; 
the  representatives  of  the  agricultural  interest, 
viewing  it  by  itself  alone,  tell  us  :  "  If  you  im- 
pose a  tax  which  exempts  all  mining  property. 


jyou  throw  the  burden  of  supporting  the  Gov- 
I  ernment  entirely  upon  the  agricultural  inter- 
1  est.'-'    In  reply  to  that,  I  ask.  what  is  that  in- 
terest, without  the  mines?    Impose  a  tax  which 
shall  encumber  the  mining  interest,  which  shall 
destroy  it,  or  thwart  its  development,  and  you 
j  thereby  strike  a  ruinous  blow  at  the  agricul- 
I  tural  interest.    Then  again,  with  regard  to  the 
expenses  of  the  Government ;   stati.«tics  have 
been  submitted  here  to-day,  which  I  had  al- 
ready prepared,  though  on  a  somewhat  difterent 
basis  in  one  respect,  for  I  divided  the  taxable 
property  of  one  county,  as  I  considered  that  it 
was  partly    agricultural    and   partly   mining, 
upon  the  basis  of  revenue,  as  found  in  the  re- 
port of  last  year.    I  find  that  the  taxable  prop- 
erty  of   the   Territory,   exclusive   of   mining 
property,  amounts  to  a  little  over  twenty-five 
millions   of   dollars.      I   find   that   aggregate 
amount  of  taxable  property,  by  dividing  the 
taxable  property  of  Lyon  and  Churchill  Coun- 
ties equally  between  the  two  interests,  mining 
and  agricultural,  to  stand,  nineteen  millions 
taxed  to  the  mining  communities,  and  six  mil- 
lions taxed  to  the  agricultural  communities.     I 
i  do  not  think  that  the  distinction  is  properly 
I  made,  when  we  are  told  that  the  agricultural 
counties  are  a  section  by  themselves  in  this 
Territory,   having   no    interests   except   those 
which  are  co-extensive  with  the  limits  of  the 
agricultural  counties.     I  hold  that  the  proposi- 
tion, properly  put,  would  be,  that  we  all  own 
the.se  mines,  and  that  therefore  the  policy  of 
I  exempting  them,  is  a  policy  which  commends 
itself    to   all  the  residents  of  this  Territory. 
The  mines  are  not  owned  in  the  mining  coun- 
ties alone,  for  the  people  in  the  agricultural 
counties  are  largely  interested  in  them  ;  and 
so  also,   but   not   nearly  to  the  same  extent, 
persons  in  the  mining  counties  are  interested 
in   the   agricultural   interests.      Persons  who 
I  have  their  capital  invested  in  mining  claims, 
':  also   own   houses   and   lots,   and   agricultural 
j  lands,  which  are  property  in  those  counties, 
j  and  hence,  by  exempting  the  mines  from  taxa- 
tion, they  bring  a  heavier  tax  upon  themselves, 
!  so  far  as  that  property  is  concerned.     Storey 
County  has  property  more  exclusively  in  the 
'.  mines  than  tliis  county  has,  but  Storey  County 
would  feel  the  additional  tax  upon  any  other 
species  of  property  as  much  as  this   county 
would  feel  it.    For  that  reason,  I  consider  that 
we  arc  all  interested  alike  in  this  matter. 

Again,  if  the  people  think  there  is  a  great 
discrimination  in  favor  of  mining  property, 
and  that  capital  invested  in  mining  has  so 
great  an  advantage  over  capital  invested  in 
agricultural  pursuits,  as  they  obtain  money  to 
invest,  they  will  take  advantage  of  that  cir- 
cumstance, and  people  in  the  agricultural 
counties  will  eventually  come  to  own  more  and 
more  of  the  mines,  and  will  reap  more  and 
more  of  the  benefits  of  that  exemption. 

Then  with  regard  to  the  argument  advanced 
that  the  people  of  the  agricultural  counties  are 
called  upon  to  pay  a  tax  to  support  the  courts 


3152 


TAXATION. 


[10th  day.- 


Thursday,] 


Jouxsox — DUXXE. 


[July  14. 


which  are  engaged  in  determining  cases  affect- 
ing the  mining  interest  alone;  do  gentlemen 
reflect  for  a  moment  that  the  courts  which  ad- 
judicate the  mining  interests  are  all  situated 
in  the  mining  counties,  and  that  each  county 
pays  the  expenses  of  its  own  courts?  The  rain- 
ing counties,  therefore,  themselves,  pay  for  the 
adjudication  of  mining  claims.  Does  the  court 
of  this  county  have  its  calendar  crowded  with 
mining  cases,  or  is  that  the  case  in  the  courts 
in  the  mining  counties  only?  The  only  excep- 
tion to  this  rule  is  in  the  Supreme  Court,  and 
in  that  court  all  are  alike  interested.  Then 
again,  independent  of  that  fact,  are  not  all  in- 
directly interested  in  this  litigation? 

[Mr.  Chosmax  in  the  Chair.] 

Mr.  JOHNSON.  Will  the  gentleman  from 
Humboldt  let  me  interrupt  him  right  here  ? 
He  is  possibly  placing  me,  and  other  members, 
in  a  false  position.  I  have  not,  in  my  argu- 
ment, attempted  to  classify  the  taxable  proper- 
ty of  the  Territory  by  counties,  but  what  I 
attempted  to  illustrate,  was  the  difference  in 
the  application  of  the  proposed  rule  of  taxa- 
tion to  raining  property,  and  to  property  of 
other  descriptions.  Because  I  think  that  even 
the  figures  presented  by  the  gentleman  from 
Storey  (Mr.  DeLong)  show  this  fact,  that 
a  large  proportion  of  the  property  in  Storey 
County  last  year,  was  other  than  raining  prop- 
erty. I  attempted,  not  to  discriminate  between 
these  counties,  as  to  their  being  mining  or  ag- 
ricultural counties,  but  to  show  the  difference 
in  respect  to  taxation  between  mining  and 
other  property.  The  only  classification  I  sought 
to  make  was  in  regard  not  to  counties,  but  to 
property. 

Mr.  DUNNE.  Well,  the  gentleman  admits, 
then,  that  the  charge  made  against  the  mem- 
bers from  the  mining  counties,  that  they  were 
seeking  to  force  tlie  burden  of  taxation  upon 
the  agricultural  interests  alone,  applies  with 
four-fold  force  to  Storey  County. 

Mr.  JOHNSON.  As  I  made  no  accusation  of 
the  kind.  I  am  not  called  upon  to  plead  guilty 
or  not  guilty.  The  broader  proposition  I  at- 
tempted to  illustrate  was  simply  this,  that  it 
was  here  sought  to  discriminate,  in  the  matter 
of  the  burdens  of  Government,  between  differ- 
ent species  of  property.  I  want  those  burdens 
made  equal.  AVhilst  I  was  speaking,  I  made  no 
allusion  to  the  kind  of  property  in  the  different 
counties.  I  am  one  who  would  be  individually 
affected  by  exempting  the  mines,  and  many 
of  my  constituents  would  be  similarly  affected 
by  it.  It  makes  no  ditterence  whether  we  live 
in  an  agricultural  county  and  have  property 
in  a  mining  county,  or  vice  versa.  It  was  the 
property,  and  not  the  counties,  to  which  I 
referred. 

Mr.  DUNNE.  Whilst  we  are  referring  to  the 
speech  of  the  gentleman  from  Ormsby,  will  he 
answer  me  one  question.  Did  I  understand  the 
gentleman  correctly  to-day,  as  giving  it  as  his 
opinion  that  if  an  accurate  as.sessraent  were 
made  of  the  property  in  the  Territory,  other 


than  mining  property,  for  the  ensuing  year,  it 
would  not  show  a  basis  of  taxable  property 
more  than  one-half  as  large  as  the  assessment 
of  last  year  ? 

Mr.  JOHNSON.  No,  sir ;  I  said,  in  the  coun- 
ty of  Storey,  the  last  assessment  of  fourteen 
millions  of  dollars,  would  not  represent  more 
than  one-half  of  that  amount  by  valuation. 
And  I  cited  as  an  instance,  the  fact  that  a 
piece  of  property  there  was  assessed  for  six 
thousand  dollars,  which  to-day  the  gentleman 
who  owns  it  would  be  willing  to  sell  for  five 
hundred  dollars.  At  the  same  time  I  stated 
that  the  taxable  property  of  Ormsby  County 
probably  would  not  be  found  to  have  depre- 
ciated a  single  dollar  in  value. 

Mr.  DUNNE.  The  gentleman  admits  that 
the  assessment  of  property,  other  than  mining 
property,  would  fall  below  twenty-five  millions 
of  dollars,  in  the  Territory,  at  the  present 
time? 

Mr.  JOHNSON.  I  do  not  recollect  that  I 
made  any  estimate  as  to  the  amount  of  proper- 
ty in  the  Territory.  I  referred  to  Ormsby 
County,  and  I  assumed  that  its  assessable  list 
would  not  fall  short  of  that  of  last  year  ;  and 
likewise,  that  the  property  in  the  county  of 
Storey  which  was  assessed  for  last  year  at  four- 
teen millions  of  dollars,  the  present  year  would 
not  exceed  seven  millions  of  dollars.  As  to 
the  assessable  value  in  other  counties,  I  cannot 
say. 

Mr.  DUNNE.  Last  year  the  entire  Territory 
was  assessed  in  the  aggregate  at  a  little  over 
twenty-five  millions  of  dollars. 

Mr.  JOHNSON.  In  Washoe,  and  possibly  in 
Douglas  County,  I  think  I  may  say  the  amount 
of  property  will  not  be  diminished.  Relative  to 
other  counties.  I  have  no  personal  knowledge 
or  acquaintance  with  their  financial  condition. 
I  will  state  further  in  this  connection,  that  iu 
the  estimate  we  made  at  the  sitting  of  the  Con- 
vention last  year,  we  placed  the  propertj'  other 
than  mining  at  twenty-five  millions  of  dollars, 
and  the  mining  property  was  estimated  at 
sixty  or  seventy  millions.  We  had  thus  a  basis 
of  taxable  property  of  at  least  eighty-five  mill- 
ions of  dollars  upon  which  to  rely  for  the  sup- 
port of  the  State  Government.  Now,  if  tlie 
mines  are  exempted,  and  the  amount  of  prop- 
erty other  than  mining  property  is  reduced  in 
value,  of  course  the  basis  for  taxation  is  sub- 
ject to  reduction  in  the  same  proportion. 

Mr.  DUNNE.  Very  good.  Now,  as  the  gen- 
tleman has  narrowed  the  question  down  to 
what  I  consider  the  true  principle,  so  far  as  his 
position  is  concerned,  I  would  like,  before  this 
question  is  determined,  to  hear  him  address 
himself  distinctly  to  this  point  :  whether  or 
not  it  would  be  politic  for  us  to  exempt  mining 
property  from  taxation — without  raising  the 
question  of  whether  or  not  it  is  a  matter  of  in- 
justice to  force  a  tax  on  a  certain  species  of 
property  upon  us,  because  that  is  not  the  ques- 
tion before  us.  We  are  not  obliged  yet  to  levy 
any  tax  for  the  support  of  our  State  Govern- 


10th  day.] 


TAXATION. 


363 


Thursday.] 


Fitch — Duxxe — Johnson. 


[July  U. 


ment.  The  question  is  simply  whether  it  would 
be  politic  for  us.  iu  launching  out  our  organi- 
zation as  a  State,  to  adopt  that  policy  of  tax- 
ing the  mines  or  not.  That  is  the  reason  of 
my  opposition  to  a  State  Government.  That 
is  the  reason  why  I  introduced  the  resolutions 
I  did  earlj^  in  tjje  Convention,  to  adjourn  sine 
die.  I  saw  that  the  taxable  property,  aside  from 
the  mining  interest,  was  estimated  at  only 
twenty-five  millions  of  dollars,  and  believing 
it  to  be  impolitic  for  a  country  like  ours,  de- 
pendent entirely  upon  the  development  of  the 
mining  interests,  to  attempt  to  hamper  those 
interests,  at  the  beginning.  I  looked  around  to 
see  what  we  had  to  support  a  Government  upon 
without  doing  that.  I  believed  that  it  would 
be  suicidal  policy  to  tax  the  mines,  and  when  I 
found  that  there  was  only  twenty-fve  millions 
of  taxable  property  other  than  mining  proper- 
ty, with  which  to  carry  on  the  State  Govern- 
ment, I  concluded  that  it  was  unwise  and  im- 
politic in  every  sense,  for  us  to  attempt  the  or- 
ganization of  a  State  Government.  That  was 
the  reason  of  my  opposition  to  it,  and  I  hope 
the  Convention  will  pardon  me  for  again  intro- 
ducing that  suliject,  because  I  do  it  only  to 
show  that  I  have  been  entirely  consistent. 

Mr.  FITCH.  Will  the  gentleman  permit  me 
to  ask  him  a  question  ?  What  does  he  estimate 
would  be  the  expense  of  a  State  Government 
now  ? 

Mr.  DUNNE.  Well,  sir,  from  the  experience 
I  have  had  in  other  States,  and  my  knowledge 
of  the  class  of  men  who  will  be  called  upon  to 
administer  the  new  State  Government,  I  can- 
not put  it  at  less  than  three  hundred  thousand 
dollars  a  year. 

Mr.  FITCH.  That  would  necessitate  a  tax  of 
one  and  one-fourth  per  cent,  for  State  purposes, 
while  California  raises  ninety  cents,  I  believe, 
on  each  one  bunded  dollars. 

Mr.  JOHNSON.  On  what  basis  does  the 
gentleman  from  Humboldt  make  that  calcula- 
tion ? 

Mr.  DUNNE.  On  twenty-five  millions  of 
dollars. 

Mr.  JOHNSON.  That  is,  exclusive  of  min- 
ing property? 

Mr.  DUNNE.  Ye.«,  sir.  Now  will  the  gen- 
tleman from  Storey  allow  me  to  ask  him  a 
question? 

Mr.  FITCH.    Certainly. 

Mr.  DUNNE.  Considering  the  number  of 
ofBcers  which  will  be  necessary  under  a  State 
form  of  Government,  the  necessity  for  erecting 
public  buildings,  and  the  probability  of  donat- 
ing money  to  aid  the  Pacific  Railroad,  what 
proportion  does  he  think  our  expenses  would 
bear,  as  compared  with  the  expenses  of  the 
State  of  California?  Does  he  think  that  our 
expenses  would  be  as  large  as  were  the  expenses 
of  that  State  iu  the  first  few  years  of  its  exist- 
ence as  a  State  ? 

Mr.  FITCH.  My  answer  is,  that  I  think  the 
State  Government,  aside  from  the  erection  of 
public  buildings,  and  aside  from  the  railroad, 


would  cost,  perhaps,  as  much  as  two  hundred 
thousand  dollars  a  year ;  .and  that  will  not  cer- 
tainly be  more  than  twice  as  large  as  our  ex- 
penses are  under  a  territorial  condition.  We 
are  not  obliged  to  erect  public  buildings  at  the 
present  time,  as  gentlemen  are  well  aware. 

Mr.  DUNNE.  All  estimates  like  these,  it  is 
well  known,  invariably  fall  far  short  of  the 
practical  reality,  as  we  shall  find  when  we  come 
to  put  the  State  Government  into  practical  op- 
eration. We  have  an  example  of  that  across 
the  mountains,  in  the  State  of  California,  which 
has  averaged,  in  its  actual  expenses  as  a  State, 
over  a  million  a  year. 

Mr.  FITCH.  I  think  it  has  not  averaged  as 
large  an  amount  as  that. 

Mr.  DUNNE.  Yes.  sir;  I  believe  the  average 
expenditures  of  that  State  have  been  computed 
at  about  a  million  a  year.  Now.  in  regard  to 
the  question  which  is  at  present  before  this 
l)ody  for  its  consideration,  my  position  is  ex- 
actly the  same  as  that  of  my  colleague  (Mr. 
Banks.)  But  as  to  our  expenses  as  a  State ; 
why,  there  were  one  hundred  thousand  dollars 
appropriated  by  the  Territorial  Legislature  for 
one  single  fund  last  year.  I  refer  to  the  appro- 
priation of  a  hundred  thousand  dollars  for  the 
Soldiers'  Fund,  for  bounties,  recruiting  pur- 
poses, &c. 

Mr.  FITCH.  The  soldiers  have  not  seen  it 
yet.  I  believe. 

Mr.  DUNNE.  Well,  it  is  due  to  them,  and 
the  soldiers  will  get  it  ultimately,  as  they  should. 
I  say  I  agree  entirely  in  regard  to  putting  this 
matter  into  practice,  with  my  colleague.  Af- 
ter having  stated  my  position  on  the  general 
policy  of  taxing  the  mines  at  all,  I  say  then,  as 
there  seems  to  be  a  disposition  to  have  a  State 
Government,  whether  or  no — a  disposition,  the 
manifestation  of  which  led  me  to  suggest  to 
the  Committee  on  State  Seal,  that  instead  of 
the  words  "  Volens  et  polens,"  we  should  adopt  as 
our  motto, '•  iVotois  FbZens"  [merriment] — if  I 
cannot  have  the  principle  adopted  which  I  be- 
lieve to  be  correct,  and  if  there  is  a  necessity 
for  some  action  on  the  subject,  then  I  will  en- 
deavor to  get  it  as  near  as  I  can  to  what  is  right. 
Therefore  I  would  innovate  on  this  section,  as 
it  stands  here,  exactly  as  my  colleague  pro- 
poses, in  order  that  I  may  choose  the  lesser  of 
the  two  evils. 

Now,  a  word  in  regard  to  the  way  this  mat- 
ter of  taxation  will  work  in  that  section  of  the 
country  which  I  in  part  represent.  We  have  a 
very  large  extent  of  mining  country  there.  We 
have.  I  suppose,  ten  thousand  locations  of  min- 
ing ground  in  our  county,  out  of  all  of  which, 
we  have  only,  as  yet,  four  or  five  mines  that 
we  know  are  mines,  and  for  the  development 
of  which  capitalists  are  willing  to  invest  large 
amounts,  for  the  purpose  of  erecting  mills, 
putting  up  macbinery,  and  carrying  on  all  the 
business  of  a  mine.  Now,  if  the  mines  are  to 
be  taxed,  we  desire  to  have  only  such  of  them 
taxed  as  can  afford  it.  We  want  that  policy 
adopted  which  will  allow  us  to  spend  money 


364 


TAXATION. 


[10th  dayr 


Thursday,] 


Earl. 


[July  14. 


on  our  claims,  so  as  to  find  out  how  many  of 
them  reallv  are  mines.  We  want  no  tax  im- 
posed upon  a  mine,  until  we  have  positive  and 
indisputable  evidence  that  a  mine  is  there  to 
be  taxed.  We  can  then  incorporate  upon  our 
undeveloped  locations,  and  levy  assessments, 
and  spend  our  last  dollar,  if  it  is  wanted,  in 
running  tunnels,  to  discover  whether  or  not  we 
can  make  mines  of  them.  But  these  claims  now 
have  a  market  value.  Some  of  them  are  worth 
a  dollar,  some  five  dollars,  some  ten  dollars, 
and  some  of  them  twenty  dollars  a  foot,  under 
the  liberal  policy  now  pursued  in  regard  to 
them.  But  put  a  tax  on  those  mines,  and  they 
will  generally  fall  in  price  to  almost  nothing. 
No  revenue  will  be  realized  from  them,  and  no 
prospecting  will  be  done,  but  the  whole  growth 
of  the  country  will  be  retarded,  and  mining  will 
only  drive  itself  through  by  chance,  if  at  all. 
New  mines  may  possibly  be  discovered.  In 
some  of  those  claims  men  may  concentrate 
their  efforts,  all  uniting  on  some  one  claim,  and 
expend  a  little  cash  from  time  to  time,  but 
carefully,  now  that  a  tax  is  levied,  and  the  de- 
velopment of  the  mines  will  only  be  accom- 
plished after  years  of  labor,  if  at  all.  But 
grant  us  a  liberal  policy,  let  us  search  for  our  '■ 
mines  free  from  taxes,  and  all  unnecessary  ex-  j 
penses,  until  we  find  something  of  value,  and 
then  tax  us.  If  you  must  tax  us,  wait  at  least 
until  then.  With  this  explanation  of  my  views, 
I  will  leave  the  subject.  As  so  many  had  al- 
ready explained  their  views  upon  it,  I  thought 
that  to  remain  silent,  would  look  like  a  dispo- 
sition to  avoid  an  honest  expression  of  my  sen- 
timents, and  I  have  no  desire  to  conceal  them. 
Mr.  EARL.  1  have  some  hope  now  that  we 
may  agree  upon  a  fair  and  equal  basis  of  taxa- 
tion. It  seems  to  me  that  the  two  extremes  are 
coming  nearer  together.  I  have,  heretofore, 
as  our  President  will  remember,  proposed  the 
taxing  of  the  gro,ss  proceeds  of  the  mines.  I 
thought  that  the  Legislature  should  be  allowed 
to  fix  that  taxation  as  they  may  see  proper, 
and  that  we  could  arrange  the  matter,  simply 
by  striking  out  those  words  proposed  by  the 
gentleman  from  Storey  (Mr.  Tozer)  to  be 
stricken  out.  although  that  might  possibly  leave 
it  questionable  as  to  whether  or  not  the  mines 
would  be  taxed  at  all.  There  seems  at  least  to 
be  a  doubt  in  the  minds  of  many,  and  there- 
fore, to  remove  that  doubt,  I  think  we  should 
insert  such  language  as  will  make  it  clear, 
and  leave  it  in  such  a  manner  that  the  Legisla- 
ture will  be  placed  under  obligation  to  tax 
the  mines,  or  to  assess  them  upon  a  fair  valua- 
tion. I  believe  that  can  he  done,  and  yet  not 
make  the  provision  objectionable  in  regard  to 
prospecting  mines.  I  did  not  suppose  that  any 
gentleman  here  would  propose  the  taxation  of 
a  prospecting  mine,  which  has  really  no  value 
at  all  until  a  ledge  is  .struck,  or  at  least  the  ap- 
pearance of  a  ledge  beyond  all  doubt.  My 
proposition  was,  that  if  we  should  insert  a  pro- 
vision taxing  the  gross  proceeds,  it  would  an- 
swer the  purpose.     By  pursuing  that  course, 


when  the  act  of  Congress  shall  be  put  in  force, 
we  can  reach  the  gross  proceeds,  in  the  same 
way  that  the  Federal  Governrnf^nt  does,  as  the 
bullion  passes  through  the  different  assay  of- 
fices. The  Legislature  could  frame  an  act  by 
which  we  could  tax  that  bullion  for  State  pur- 
poses. A  still  better  way  would  be,  to  have  a 
government  assay  office,  and  when  the  bullion 
is  passing  through  that  office,  then  it  could  be 
taxed  for  State  purposes.  We  could  then  reach 
the  capital  invested  in  mining,  to  a  certain  de- 
gree, because  the  amount  paid  out  for  labor 
would  be  returned  in  bullion,  and  we  could 
reach  that  bullion  and  tax  it.  This  would  be 
a  fair  taxation,  and  I.  for  one,  would  be  per- 
fectly willing  to  vote  for  a  clause  of  that  kind. 

Again,  as  to  the  other  proposition  for  taxing 
all  mines  which  are  above  a  certain  value,  I 
think  that  Mould  answer  the  purpose,  but  it 
appears  to  me  that  it  would  be  more  objection- 
able than  the  proposition  to  tax  only  the  pro- 
ceeds. If  we  place  such  language  there,  that 
the  Legislature  will  have  something  which  they 
must  act  upon,  I  have  the  utmost  confidence 
that  we  shall  be  dealing  justly  with  all  por- 
tions of  the  Territory.  We  ought  to  endeavor 
at  the  same  time  to  foster  the  agricultural  in- 
terests of  the  State,  and  certainly  should  do 
nothing  which  may  oppress  that  interest,  any 
more  than  it  should  attempt  to  inflict  a  stab 
upon  the  life  of  the  mining  interest. 

Now,  in  relation  to  the  taxation  of  toll- 
roads,  referred  to  in  this  discussion  ;  if  I  am 
correctly  informed,  toll-roads  are  sulyect  to  a 
tax,  levied  directly  upon  the  franchise.  For 
county  purposes,  they  are  taxed  upon  the  fran- 
chises, but  I  had  an  impression  that  for  territo- 
rial purposes,  they  were  taxed  upon  the  pro- 
ceeds. That  is  a  case  where  it  is  easy,  by  a 
fair  valuation,  to  reach  the  proceeds.  I3ut  the 
net  proceeds,  as  the  gentleman  from  Humboldt 
(Mr.  Banks)  has  said,  cannot  be  separated  from 
the  gross  proceeds,  and  to  impose  a  tax  upon 
the  net  proceeds,  would  be  to  leave  the  matter 
a  question  of  doubt  and  uncertainty.  Let  us 
place  in  our  Constitution  such  language  as  be- 
yond a  doubt  will  reach  the  mines,  for  unques- 
tionably they  should  be  made  to  pay  a  portion 
of  the  expense  of  carrying  on  the  State  Gov- 
ernment. I  think  the  proposition  of  the  gen- 
tleman from  Humboldt  (Mr.  Banks)  is  a  fair 
one,  and  I  hope  that  no  gentleman  here  will 
refuse  to  unite  with  and  cooperate  with  the 
representatives  of  the  mining  districts,  in  a 
proposition  of  that  kind.  Either  that  proposi- 
tion, or  the  taxation  of  the  proceeds,  would, 
in  my  judgment,  be  fair  and  just. 

Now,  so  far  as  the  judiciary  is  concerned,  I 
hope  we  shall  provide  for  a  self-sustaining  ju- 
diciary, if  it  can  be  done.  There  is  a  large 
amount  of  capital  invested  in  the  mines  in  our 
Territory,  which  is  now  locked  up  by  litigation 
upon  litigation,  and  it  is  becoming  a  heavy 
tax  upon  the  Territory,  as  it  will  be  upon  the 
State  that  is  to  be.  The  Committee  on  the  Ju- 
diciary  will  probably   bring  forward   here  a 


10th  day.] 


TAXATION. 


365 


Thursday.] 


TOZER — ILiWLET. 


[July  14. 


judiciary  system  which  will  be  a  self-sustaining] 
one,  and  that  I  look  to  more  than  anything 
else,  to  relieve  this  Territory  of  the  heavy  bur- 
den now  resting  upon  it.  Under  such  a  sys- 
tem, litigation  would  cost  the  parties  litigant, 
of  whatever  interest,  whether  agricultural  or 
mining,  very  little  if  any  more  than  under  the 
present  system,  while  it  would  cost  the  State 
little  or  nothing. 

As  I  have  already  said,  I  supposed  there  was 
not  an  individual  here,  who  would  seriously 
propose  to  tax  a  prospecting  mine.  I  might 
have  a  mine  which  I  would  refuse  to  sell  for 
even  five  dollars  a  foot,  or  more,  and  still  it 
might  not  be  worth  that  amount,  and  possibly  ' 
not  wortli  one  cent.  I  might  spend  thousands 
upon  it,  perhaps,  never  realizing  anything. 
But  if  I  do  reach  something  of  value  in  that 
mine,  and  prove  that  it  is  a  mine  beyond  all 
question,  then  it  should  l)e  taxed.  But  the 
gentleman  from  Humboldt  (Mr.  Banks)  otters 
a  different  plan,  namely,  tliat  whether  it  is  an 
actual  mine  or  not,  if  it  be  worth  five  dollars  a 
foot,  it  shall  be  taxed.  There  can  be  no  objec- 
tion to  that,  certainly,  on  the  part  of  the  agri- 
cultural interest.  For  one,  I  am  willing  to  de- 
cide this  matter  upon  any  basis  that  shall  give 
us  a  uniform  taxation,  and  I  hope  we  may  be 
able  to  unite  upon  some  basis  of  that  kind, 
although  I  would  prefer  the  taxation  of  the 
proceeds.  | 

.Mr.  TOZER.  Several  days  have  now  elapsed 
since  this  Convention,  in  its  progress  through 
that  Constitution  which  we  have  adopted  as 
the  basis  of  our  deliberations,  reached  the  sec- 
tion now  under  discussion,  at  which  time  I 
proposed  the  amendment  which  has  elicited 
so  long  a  debate  here  to-day.  Since  this  dis- 
cussion commenced  this  morning,  I  have  listen- 
ed to  it  with  great  pleasure,  and,  I  believe, 
with  considerable  profit.  So  much  has  been 
said,  and  so  well  said,  that  I  find  myself  now 
with  but  little  left  to  add  to  those  arguments 
which  have  been  presented  by  gentlemen,  so 
much  more  able  th.m  myself,  who  have  prece- 
ded me.  I  have  sat  silent  during  the  debate, 
because  I  am  not  much  of  a  talker,  and  I  know 
I  should  not  succeed  very  well  in  the  attempt, 
if  I  tried  to  be  one.  But  there  are  one  or  two 
ideas  which,  if  the  Committee  will  patiently 
bear  with  me,  I  will  attemi)t  to  elucidate. 

Now,  in  the  first  place,  in  regard  to  the  mat- 
ter of  levying  a  tax  upon  the  property  within 
the  borders  of  the  new  State,  for  the  support 
of  its  government,  we  find  that  there  is  a  wide 
difference  of  opinion  as  to  what  constitutes 
property.  Those  who  advocate  the  side  of  the 
question  which  is  adverse  to  the  views  I  enter- 
tain, think  they  can  discover  a  species  of  prop- 
erty in  the  mines ;  but  for  my  part,  I  have  fail- 
ed and  do  still  fail  to  see  in  the  mines  any 
property  of  such  a  nature  that  it  can  justly  be 
subjected  to  taxation.  Some  of  our  mines  have 
been  described  by  speakers  who  have  preceded 
me,  as  "  a  hole  in  the  ground  ;  "  but,  sir,  they 
might  all  be  characterized  in  that  way,  whether 


they  be  valuable  or  valueless.  The  Gould  & 
Curry  mine  is  but  a  hole  iu  the  ground,  al- 
though rather  deeper  than  some  others,  for  in- 
stance, those  in  Lauder  Cuunty,  in  Spring  Val- 
ley, in  my  own  county  or  elsewhere  in  the  Ter- 
ritory. But  in  my  opinion,  the  Gould  &  Curry 
mine  is  no  more  a  subject  for  taxation,  legiti- 
mately and  justly,  than  is  the  poorest,  least 
productive  mine  in  the  Territory.  The  great 
ditterence.  sir,  between  that  species  of  property 
and  the  property  lying  in  this  county,  or  in  any 
one  of  the  agricultural  counties,  is  this  :  A 
mine — a  productive  mine.  I  mean — the  longer 
and  more  successfully  you  work  it,  the  less 
valuable  it  becomes.  Who  would  assert  here, 
sir.  that  the  Gould  &  Curry  mine,  which  has 
Ijeen  so  frequently  referred  to  to-day  for  illus- 
tration, is  as  valuable  now  as  it  was  two 
years  ago?  Millions  upon  millions  of  dollars 
have  been  extracted  from  it.  and  put  into  cir- 
culation, adding,  to  that  extent,  to  the  wealth 
of  this  Territory,  of  this  coast,  and  of  the 
world  ;  and  that  mine,  say  what  you  will,  is, 
iu  consequence,  depreciating  in  value.  But 
every  dollar  which  has  been  abstracted  from  it. 
and  put  into  circulation,  and  every  dollar 
which  shall  be  abstracted  from  it  in  the  future, 
has  added,  and  will  continue  to  add,  so  much 
to  the  value  of  the  other  species  of  property 
which  surround  it.  Now,  the  farmer  tills  his 
farm,  and  raises  his  crops,  this  year,  and  next 
year,  depending,  with  absolute  certainty,  upon 
the  arrival  of  seed-time  and  harvest,  year  by 
year,  now,  and  for  all  time  to  come,  as  long  as 
he  may  live,  or  his  children,  or  his  children's 
children  after  him.  But  let  the  Gould  &  Cur- 
ry, or  any  other  mine  in  the  Territory,  be 
worked  as  thoroughly,  energetically,  and  suc- 
cessfully as  that  mine  has  been,  and  it  will  be 
but  a  few  short  years  before  it  will  be  rendered 
utterly  worthless. 

Mr.  HAWLEY.  Will  the  gentleman  from 
Storey  allow  me  to  interrupt  him  for  one  mo- 
ment? 

Mr.  TOZER.  I  would  rather  not,  because  I 
am  so  unaccustomed  to  debate.  I  will  soon  be 
through,  and  then  the  gentleraon  can  say  what 
he  pleases,  without  interrupting  me. 

I  was  about  to  say,  sir,  that  the  crop  will  not 
grow  again,  in  the  Comstock,  or  any  other 
mine.  When  the  present  crop  is  once  reaped, 
it  is  reaped  for  aye,  and  the  Gould  &  Curry, 
and  other  mines,  will  soon  be  exhausted.  And 
by  the  word  •'  soon,"'  I  do  not  mean  to-morrow, 
next  week,  or  next  year,  but,  in  all  probability, 
we  will  all  live  to  see  that  time.  Other  mines 
as  famous,  and  as  productive,  may  be  discov- 
ered, but  those  mines  to  which  we  all  now  al- 
lude in  illustration  of  our  debate,  will  then 
have  become  utterly  exhausted.  Four  years 
ago,  when  I  first  settled  at  that  poiut.  the  Com- 
stock ledge  was  successfully  worked  immedi- 
ately on  the  surface,  but  now  we  are  mining 
there  at  a  depth  of  four  hundred  and  sixty-five 
feet,  having  gone  down  at  the  rate  of  two  hun- 
dred feet  a  year.      At  the  rate  we  are  now 


366 


TAXATION. 


[10th  day.- 


Tbursday.] 


TOZER — JOHXSON. 


[July  14. 


workini?  it  out,  that  ledge  will  be  exhausted  in 
a  very  few  years,  and  I  think  the  mind  of  every 
member  can  readily  reach  that  conclusion. 
Only  a  few  years  will  elapse  before  those  mines 
will" l)e  worked  out  to  a  depth  beyond  which 
human  ingenuity  will  fail  to  go.  Then  why 
should  the  Convention  insist  upon  singling  out 
those  mines  which  are  now  producing,  which 
are  adding  to  our  wealth  from  day  to  day,  and 
levying  an  onerous  tax  upon  them,  for  the  sup- 
port of  our  State  Government? 

Jlr.  Chairman,  I  do  not  deem  it  necessary 
to  tax  those  mines  for  the  support  of  our 
State  Government,  if  it  is  to  be  an  economical 
State  Government,  such  as  we  can,  and  I  hope 
will,  organize  under  the  Constitution  which  we 
are  now  deliberating  upon.  Such  a  Govern- 
ment can  be  supported,  well  supported,  respect- 
ably supported,  through  other,  and  more  proper, 
more  just,  more  equitable  means.  The  taxable 
property  of  this  Territory  is  increasing,  and 
bids  fair  to  continue  to  increase  in  such  a  ratio, 
that  there  is,  and  will  be,  enough  property, 
real,  tangible,  actual  property,  available  for 
all  the  purposes  of  taxation,  to  support  the 
State  Government,  without  taking  such  in- 
tangible, fleeting  property  as  the  mines,  upon 
which  to  levy  a  tax.  And  the  taxes  will  not 
he  more  burdensome  then,  than  the  people  of 
other  States  and  Territories  on  the  Pacific 
coast  have  borne  for  years.  I  believe  that  to 
be  a  fact,  and  I  do  not  believe  that  the  propo- 
sition can  be  successfully  controverted.  If 
such  be  the  case,  sir,  I  say  let  us  foster  this 
mining  interest,  which  is  apparently  the  only 
suppon  of  all  other  interests  in  this  barren 
wilderness  which  we  are  now  attempting  to 
convert  into  a  State,  by  the  will  of  the  people. 
Let  us  foster  this  interest,  and  remove  from  it 
the  burden  of  taxation  as  far  as  possible.  Let 
us,  in  the  commencement  of  our  State  exist- 
ence, levy  a  tax  upon  the  net  proceeds,  and 
not  upon  the  gross  proceeds,  for  which  some 
have  contended ;  because,  in  many  cases,  I 
might  say  in  ninety-nine  cases  out  of  a  hun- 
dred, or  even  nine  hundred  and  ninety-nine 
out  of  a  thousand,  the  gross  proceeds  of  mines 
in  this  Territory  are  absorbed  in  the  working, 
and  misfortune  and  ruin  are  the  only  net  pro- 
ceeds derived  from  them.  In  Storey  County, 
with  which  I  am  most  familiar,  although  I  have 
traveled  a  good  deal  elsewhere  in  the  Territo- 
ry, all  the  mines  which  I  am  now  able  to  call 
to  mind  that  are  really  productive  mines,  are 
also  net  proceeds  mines. 

Mr.  JOHNSON.  IIow  many  of  them  pay 
taxes '! 

Mr.  TOZER.  I  choose  not  to  be  catechised. 
I  did  not  ask  any  questions  of  the  gentleman 
from  Ormsby  when  he  was  on  tlie  floor. 

Mr.  J(HINS(JN.  I  beg  the  gentleman's  par- 
don. 1  would  not  have  interrupted  him  if  I 
had  supposed  it  would  not  have  been  agreeable 
to  him. 

Mr.  TOZER.  Well,  it  is  a  simple  question, 
easily  answered.    There  are  eight  mines  there, 


which  pay  on  the  gross  proceeds ;  and  of  these, 
six  would  be  taxed,  according  to  my  amend- 
ment. The  other  mines,  located  on  tlie  justly 
famous  Comstock  ledge,  are  not  paying  mines, 
and  it  is  altogether  problematical  whetljer  they 
ever  will  become  paying  mines.  Certainly  the 
immense  sums  which  have  been  expended  on 
them  have  gone  but  a  little  way  towards  show- 
ing or  indicating  that  they  will  ever  become 
dividend-paying  mines.  Starting  at  the  north- 
ern end  with  the  Ophir  mine,  we  have  immedi- 
ately adjoining  that,  the  Central  mine.  Why, 
sir,  nothing  but  the  grossest  injustice,  the  most 
flagrant  wrong  to  the  owners  of  that  claim, 
who  have  been  digging  and  delving  these  four 
or  five  years  past,  ever  would  suggest  the  idea 
of  imposing  a  tax  upon  those  men.  Had  you, 
or  other  members  ot  this  Convention,  been  the 
owners  of  about  one  hundred  feet  of  that  mine, 
you  would  perhaps  more  fully  appreciate  the 
force  of  what  I  say,  because  it  would  require 
a  very  wealthy  man  indeed  to  bear  the  taxa- 
tion, in  the  Avay  of  assessments,- which  have 
been  paid  upon  each  one  hundred  feet  of  that 
mine  up  to  this  time.  More  than  four  hundred 
thousand  dollars  have  been  expended  in  the 
mine,  and  it  has  all  been  raised  by  self-imposed 
taxation  upon  the  owners  of  that  claim  since 
it  w^as  discovered  and  located  in  1851).  So  it 
is  with  the  California,  the  Sides,  the  Best  & 
Belcher,  the  White  &  Murphy,  and  the  Hale  & 
Norcross.  Then  come  the  Chollar,  and  the 
Potosi,  following  along  the  lead  ;  mines  which 
have  been  made  famous  by  expensive  litiga- 
tion, and  neither  of  which  ever  paid  a  dollar 
of  dividends,  but,  on  the  contrary,  have  sub- 
jected their  owners  to  heavy  assessments.  With 
the  Chollar  company  I  am  unfortunately  more 
particularly  well  acquainted,  and  I  can  say 
that  there  have  been  between  three  and  four 
hundred  thousand  dollars  in  assessments  levied 
and  paid  in,  into  that  company  alone.  And 
for  what?  To  put  into  circulation  perhaps  a 
hundred  thousand  dollars  more,  taken  from  the 
mine.  It  has  cost  the  owners  not  less  than 
three  dollars  for  every  dollar  they  have  taken 
out  and  put  into  circulation,  to  add  to  the 
material  wealth  of  the  Territory,  its  prosperity 
and  success,  and  its  wadfare  in  every  respect. 
It  is  ill-timed  indeed,  for  gentlemen  who  have 
reaped  that  golden  harvest  from  my  pocket, 
and  from  the  pockets  of  others,  to  step  in  now 
and  say  :  "  Your  burdens  are  not  sufficiently 
heavy.  Although  your  backs  are  well  nigh 
broken,  yet  another  straw  must  be  laid  on.  We 
have  reaped  the  benefit  of  your  enterprise  and 
labor,  and  the  capital  you  have  expended  there, 
and  now  if,  forsooth,  we  can  better  our  condi- 
tion by  forming  a  State  Government,  we  will 
levy  an  additional  tax  upon  you.  Your  ground 
is  held  to  be  valuable,  solely  because  it  has 
cost  you  a  high  price,  and  you  must  pay  the 
fiddler  while  we  dance." 

Continuing  down  that  ledge,  before  you 
reach  the  Gold  Hill  mines,  you  come  to  the 
Croesus,  the  Bullion,  the  Coppers  &  Mills,  the 


lOth  day.] 


TAXATION. 


867 


Thursday,] 


DeLoNG — TOZER — MURDOCK. 


[July  14. 


Fairview,  the  Alpha  &  Omega,  and  the  Supe- 
rior mines ;  none  of  which  have  paid  the  own- 
ers one  dollar  per  foot,  and  the  history  of 
which  is  very  similar  to  the  history  of  those  I 
have  previously  mentioned.  Tney  are  seldom 
more  than  a  few  hundred  feet  below  the  sur- 
face, and  their  owners  arc  loolcing  with  hope 
almost  bordering  oa  despair  for  the  little  glit- 
tering particles  of  the  precious  metals  which 
!-hall  proclaim  the  fact  that  at  last  they  have 
surely  found  a  mine.  Then  come  the  Gold 
Hill  mines,  a  few  of  which  have  paid  richly 
from  the  first.  South  of  these  is  the  Belcher, 
which  within  a  few  months  has  paid  a  small 
dividend.  And  now  I  have  enumerated  the 
whole  of  the  dividend-paying  mines  of  the  Ter- 
ritory of  Nevada. 

Mr.  DeLONG.     The  Savage. 

Mr.  TOZER.  I  alluded  to  the  Savage,  I 
think,  as  one  of  the  paying  claims ;  if  not,  I 
intended  to,  at  least.  And  yet,  Mr.  Chairman, 
the  yield  of  these  various  mines,  profit-paying 
and  otherwise,  has  put  into  circulation  here  an 
enormous  amount  of  money,  day  alter  day, 
week  after  week,  and  year  after  year,  a  very 
large  proportion  of  which  is  being  expended 
in  permanent  improvements  in  this  Territory. 
It  is  being  put  into  roads,  bridges,  ditches, 
water-works,  mills,  houses,  stables,  hotels,  and 
the  thousand  and  one  other  things  which  con- 
stitute the  long  catalogue  of  real  and  personal 
property.  Now,  if  in  four  years  we  have  made 
such  rapid  strides  that,  as  gentlemen  assert, 
and  I  believe  correctly,  we  have  already  a  tax- 
able property  outside  of  the  mines — not  out- 
side of  mining  property  however — of  twenty- 
five  millions  of  dollars,  then,  in  a  year  or  two 
longer,  in  the  same  ratio  in  which  we  are  now 
progressing,  we  can  entertain  a  confident  hope, 
in  my  opinion,  of  doubling  that  amount  of  tax- 
able property. 

Why,  then,  should  we  stand  back  and  hesi- 
tate about  our  little  adventure  of  a  State  Gov- 
ernment? Why  call  it  an  experiment?  It  is 
no  experiment,  so  far  as  the  amount  of  revenue 
to  be  derived  from  our  property  by  a  just  and 
equitable  rule  of  taxation  is  concerned.  There 
is  no  doubt  about  its  being  sufficient  to  pay  the 
current  expenses  of  a  State  Government.  No, 
sir  ;  it  is  no  experiment,  for  there  is  enough — 
plenty,  and  to  spare — of  property,  which  may 
be  fairly  taxed,  to  pay  all  the  necessary  ex- 
penses of  our  State  Government.  Let  that  be 
done,  and  I  am  content.  I  am  in  favor  of  the 
organization  of  a  State  Government,  and  I 
need  not  pause  a  moment  to  tell  why  I  am  in 
favor  of  it.  I  shall  be  most  unequivocally  op- 
posed to  the  organization  of  a  State  Govern- 
ment, however,  if  the  Convention  in  its  wisdom 
shall  decide  that  a  clause  shall  be  incorporated 
in  our  organic  law,  levying  such  an  outrageous 
tax  upon  that  kind  of  property  which  is  not 
taxable  elsewhere — in  California,  in  Oregon, 
or  in  Mexico — for  the  support  of  that  Govern- 
ment.   No  where  else  is  such  a  tax  as  is  pro- 


posed here — a  tax  upon  real  property — levied 
upon  property  in  mining  claims. 

I  had  made  a  memorandum  of  a  great  many 
other  points,  which  I  wished  to  submit  to  the 
consideration  of  the  Convention,  but,  as  I  said 
in  the  beginning  of  my  remarks,  most  of  the 
ground  I  intended  to  have  gone  over,  has  been 
already  more  ably  occupied  by  others,  and  I 
will  not  consume  further  time. 

Mr.  MURDOCK,  I  am  not  one  of  those  men 
who,  as  the  gentleman  from  Humboldt,  who 
was  last  on  the  floor  (Mr.  Dunne)  has  said,  are 
afraid  to  express  their  views  on  this  sultject, 
and  therefore,  with  the  leave  of  the  Chair  and 
of  the  Convention,  I  will  give  my  views,  as 
plainly  aud  briefly  as  I  can. 

Now,  in  the  first  place,  in  this  article  which 
we  have  Ijeen  debating,  as  it  stands,  I  can  see 
nothing  really  objectionable,  until  we  come 
down  to  what  I  call  surplusage.  It  says  that 
the  Legislature  shall  provide  by  law  for  the 
equal  taxation  of  all  property,  I  would  be 
willing  to  stop  there,  and  I  should  think  we 
need  not  say  anything  more.  But  in  the  opin- 
ion of  some  gentlemen,  there  is  a  doubt  in  re- 
gard to  the  language  following  :— "  real  and 
personal."  If  that  is  not  enough,  why  not  say 
•■  all  other  property  ? "  And  then  you  can 
aid,  if  you  please,  "  the  rest  of  mankind,"' 
[Merriment.]  Now  I  cannot  conceive  how  any 
body  could  misconstrue  the  language,  when  we 
say,  "  all  property,  both  personal  and  real, 
shall  be  taxed."  I  cannot  see,  for  my  life, 
what  more  we  have  got  to  do.  This  ■•  mines 
and  mining  property"  which  is  added  there, 
looks  to  me,  therefore,  like  surplusage.  We 
might  just  as  well  have  said  '•  teams  and  team- 
ing property,"  and  "ranch  and  ranching  prop- 
erty." It  seems  to  me,  I  say.  that  it  is  entirely 
surplusage,  and  we  had  better  stop  there. 

I  have  been  sorry  to  hear  some  of  the  things 
which  have  been  said  to-day.  Though  I  have 
listened  with  great  interest,  and  I  trust  with 
much  instruction  to  the  gentlemen  who  have 
debated  this  question  now  for  a  day  and  a  half, 
yet  I  have  been  surprised  at  the  wide  range  they 
have  taken.  Some  of  them  have  come  here,  it 
seems  to  me,  with  ditterent  views  from  wliat  I 
have  in  regard  to  our  duty.  Now,  I  voted 
against  the  adoption  of  the  former  Constitu- 
tion— the  Constitution  which  I  hold  in  my 
hand — solely  for  the  reason  that  I  thought  it 
was  too  legislative  in  its  character.  I  supposed 
it  was  our  duty  to  come  here,  not  to  legislate, 
but  to  make  something  that  shall  be  to  the 
Legislature  of  the  State,  what  the  chart  is  to 
the  seaman— a  guide  and  restriction,  to  regu- 
late the  Legislature,  and  keep  it  within  certain 
bounds.  That  is  the  object  of  a  Constitution, 
and  not  to  legislate.  I  am  opposed  in  (oto  to 
legislating  here,  in  any  shape  or  manner,  on 
this  subject,  further  than  to  say  that  the  Legis- 
lature shall  tax  all  property  equally.  Then  I 
say.  leave  all  the  rest  to  the  Legislature. 
Why  ?  For  this  reason  :  that  if  we  go  on  and 
incorporate  into  our  organic  law,  a  rule  for 


368 


TAXATION. 


[10th  (lay. 


Thursday.] 


MURDOCK. 


[July  14. 


the   government   of   the    Legislature,  and    it  i 
should  turn  out  to  be  a  bad  rule— if  it  should 
prove  to  be  of  such  a  character  that  the  peo-  \ 
pie  would  get  sick  of  it,  and  want  to  change 
it,  what  wUl  we  have  to  do?      Why,   sir,  we 
shall  have  to  come  back  here  and  hold  another 
Constitutional    Convention,    to    remodel    this 
Constitution,  or  to  make  a  new  one  ;   whereas, 
if  we  leave  the  matter  to  the  Legislature,  and 
they  shall  see  fit  to  tax  the   mines,  well  and 
good.      Let  them  have  a   say   in  the   matter.  | 
Let  them  try  it,  if  they  please,  for  one  year,  | 
and  then  if  'the  rule  works  badly,  the  people 
can  alter  it,  by  sending  men  to  the  Legislature 
who  will  take  such  action  as  is  called  for  by  | 
the  wants  of  the  people.     The  members  of  the 
Legislature  come  fresh  from  the  people  ;  they 
know  what  the   people  want,   and  can   enact 
such  laws  as  vvill  meet  those  wants. 

Now,  the  long  talks  which  have  been  had  • 
here,  in  relation  to  the  value  of  real  estate,  | 
and  the  value  of  the  mines,  I  have  sat  and  lis-  j 
tened  to  with  a  great  deal  of  interest.  Sir,  I ' 
was  one  i»f  the  early  miners  of  California.  In 
the  course  of  one  of  my  prospecting  tours,  in 
the  year  1853,  I  came  over  through  the  moun- 
tains until  I  got  to  the  northern  end  of  Lake 
Bigler,  or  Lake  Tahoe,  as  it  is  now  called,  and 
from  there  I  was  driven  out  by  the  Indians,  to- 1 
gether  with  the  rest  of  my  party.  We  pros-' 
pected  there  until  the  Indians  shot  us  full  of 
arrows,  and  then  we  left.  [Laughter.]  I  re- 
member that  at  one  time  I  camped  with  Liv- 
ingstone and  Kinkead,  on  the  very  property 
which  is  now  owned  by  my  friend  here  from 
Washoe,  (Mr.  Sturtevant.)  And  what  was  that 
property  worth  then?  Dr.  King  lived  at  that 
time  up  here  in  the  canon.  And  what  was  that 
property  worth  there?  I  ask  gentlemen  just  to 
compare  its  value  in  1853  with  what  it  is  worth 
now  ;  and  if  it  is  worth  more  now  than  it  was 
then,  I  a?k  what  has  made  it  worth  more  now? 
AVlio  would  have  come  here  to  live,  and  build 
up  this  Territory,  if  the  energetic  prospector 
had  not  come  here  first  and  found  the  "  oro" 
here  ?  i  say  that  is  what  has  made  the  proper- 
ty which  we  now  have  here.  And  ought  not 
these  prospectors  to  be  encouraged  ?  I  do  not 
say  that  they  should  not  be  taxed,  when  they 
are  able  to  pay.  I  do  not  say  that  they  should 
not  pay  their  proportion  of  the  revenue  to  be 
raised  for  the  support  of  the  State  Govern- 
ment, In  proportion  as  they  are  protected  by 
the  State  Government,  when  they  have  any- 
thing to  be  taxed  upon.  And  I  know  they  are 
protected  by  the  Government.  But  I  hold  this 
to  be  the  fact — or  it  is  my  experience,  at  all 
events — that  all  this  valuable  property  in  the 
Territory  is,  and  has  been  made  what  it  is,  by 
the  active  energy  of  the  prospector. 

Foreigners  have  come  here  with  money,  to 
develop  our  mines,  to  a  little  extent,  but  that 
is  not  a  drop  in  the  bucket,  compared  with 
what  it  will  be,  if  they  are  properly  encour- 
aged. Old  as  I  am,  I  believe  I  shall  live  to 
see  the  day  when  Virginia  City  will  be  a  third 


rate  mining  town.  Now,  I  represent  Churchill 
Countj',  which  is  partly  an  agricultural  county, 
and  the  agriculture  of  that  county  depetids 
wholly  on  the  mines  to  the  east  of  us.  As  to 
whether  our  agricultural  lands  shall  be  valua- 
ble or  not,  depends  altogether  upon  the  devel- 
opment of  those  mines.  Hundreds  of  men  are 
there  now,  hard  at  work,  living  on  pork  and 
beans.  They  come  here  for  their  supplies,  and 
they  go  to  the  mountains  for  lumber,  and  they 
are  working  hard  to  develop  the  mines.  And 
for  what?  They  are  finding  rock  that  pays 
well,  even  on  the  top,  and  their  hopes  are  san- 
guine. Now,  will  you  go  and  assess  them,  and 
put  a  stop  to  their  energy?  If  you  put  a  tax 
on  their  enterprises,  or  if  you  assess  their  claims 
for  what  they  imagine  them  to  be  worth,  they 
will  have  to  abandon  those  claims.  I  have 
ground  to-day  which  I  would  not  sell  for  five 
dollars  a  foot,  but  if  I  should  sell  it,  then  there 
is  the  money,  and  you  can  tax  me  on  that.  I 
am  really  willing  to  be  taxed  on  what  I  have 
got,  but  I  do  not  want  to  be  taxed  because  I 
come  up  here  to  Carson  or  Virginia  and  blow 
a  little,  perhaps,  about  the  value  of  my  claims. 
[Laughter.]  I  do  not  want  you  to  tax  me  un- 
til I  know  I  have  got  it ;  but  if  any  of  you  will 
go  and  buy  me  out,  I  will  agree  to  pay  the 
taxes  for  you,  if  there  should  be  a  tax  levied 
on  those  claims.     [Laughter.] 

This  is  the  reason  I  want  the  words  "  mines 
and  mining  property"  stricken  out;  not  be- 
cause in  themselves  they  amount  to  anything. 
I  do  not  ask  you  to  strike  out  those  words  be- 
cause they  are  objectionable,  in  my  opinion, 
but  I  consider  them  as  mere  surplusage.  As  I 
said  before,  you  might  as  well  add,  "all  teams 
and  teaming  property,"  and  "  all  ranches  and 
ranching  property,"  and  so  on  with  everything 
else.  The  words  do  not  add  one  jot  or  tittle  to 
the  real  force  of  the  language.  I  say  mines 
are  not  property,  until  they  are  proven  to  be 
property.  My  anticipations  and  hopes  are  not 
property,  because  you  cannot  make  them  avail- 
able. A,  B,  and  C  cannot  sell  their  hopes  and 
anticipations,  and  get  the  cash  for  them  ;  and, 
consequently,  they  are  not  property,  not  being 
worth  anything  in  the  market.  My  hopes  may 
be  high,  but  they  are  not  property,  under  the 
law. 

Now,  just  as  soon  as  the  mines  pay,  I  am  wil- 
ling to  have  them  pay  taxes.  What  is  it,  as  I 
asked  before,  that  has  made  property  valuable 
in  this  Territory?  What  has  made  Washoe 
Valley  valuable  ?  What  has  made  the  mills, 
built  by  capitalists,  capable  of  paying  thos'" 
taxes,  which  they  are  willing  to  pay  on  all  the 
actual  property  they  have  ?  Capitalists  come 
up  here  and  invest  the  money  out  of  their 
pockets,  and  their  investments  have  been  remu- 
nerative. Everybody  else  has  made  money 
here,  while  the  only  losers  have  been  the  min- 
ers. Yes,  Mr.  Chairman,  they  are  the  losers  ; 
they  form  an  exception  to  the  general  rule. 
They  are  putting  money  into  circulation,  and 
spending  hundreds  of  thousands  of  dollars,  and 


10th  day.] 


TAXATION. 


369 


Thursday,] 


KiNKEAD — Fitch. 


[July  14. 


they  ^et  nothing.  My  friend  from  Washoe  here 
(Mr.  Sturtevant)  well  knows  that  I  have  spent 
my  money  freely,  hundreds  of  dollars  of  it,  for 
feeding  luy  mules  and  oxen  when  I  was  hauling 
rock  from  Virginia  over  there,  and  that  too, 
for  feed  raised  upon  land  which  I  could  have 
had  five  or  six  years  ago  for  nothing  ;  and  not 
only  that  land,  but  all  the  land  that  joins  it. 
(Laughter.) 

Now,  suppose  when  I  go  back  home  to  my 
constituents,  and  they  say,  ''  Well,  Murdock  ; 
have  you  got  a  mining  clause  ? ' '  I  answer,  "  Yes, 
we  have."  Then  they  will  say,  "  Very  well  ; 
away  goes  your  Constitution  " — and  1  would 
help  tliera.  [Laughter.]  We  do  not  come  here 
to  legislate,  and  say  what  shall  be,  or  what 
shall  not  be  taxed,  because  what  is  right  this 
year,  may  not  be  right  next  year.  But  let  the 
Legislature  impose  a  tax,  if  they  please,  coming 
fresh  from  the  people,  and  I  will  not  say  a 
word.  And  when  they  find  that  it  works  badly, 
(which  I  think  they  very  soon  would) — when 
they  find  that  it  checks  the  prosperity  of  the 
country — they  can  repeal  it.  If  it  checks  the 
energies  of  those  who  are  engaged  in  mining, 
as  it  certainly  would  do,  by  stopping  the  oper- 
ations of  the  prospectors,  what  effect  will  it 
have?  Why,  it  will  lessen  the  value  of  the 
property  of  the  gentleman  from  Washoe,  (Mr.  I 
Sturtevant,)  and  the  property  of  every  other 
man  who  raises  a  cabbage  in  this  Territory. 
You  put  burdens  on  the  mines  iu  the  eastern 
range,  which  are  still  undeveloped,  and  just  in 
that  proportion  you  make  yourselves  poorer. 
That  is  what  I  believe  will  be  the  effect.  I 
cannot  see  the  difference  between  the  mining 
and  the  agricultural  interests,  in  that  respect. 
When  business  is  good  in  the  mines,  business  is 
good  with  the  agriculturalists  ;  and  just  as  the 
mines  pay  and  flourish,  just  in  that  proportion 
the  whole  country  will  prosper,  and  just  in 
that  proportion  we  will  be  able  to  carry  on  our 
State  Government. 

My  opinion  is,  that  if  we  have  a  self-sustain- 
ing judiciary — if  we  say  that  we  will  let  them 
that  dance  pay  the  fiddler — -we  shall  get  along 
without  any  trouble.  The  clients  pay  these 
lawyers  who  get  their  high  fees ;  and  I  say,  let 
the  clients  pay  the  judges,  too.  I  do  not  care 
how  much  you  leave  to  the  Legislature  which 
is  to  come  after  us,  because  I  do  not  believe 
that  wisdom  is  going  to  die  with  this  body. 
There  will  be  men  as  wise  as  we  are,  and  as 
well  qualified,  sent  here  to  legislate,  and  they 
will  be  sent  here  by  the  people  expressly  to 
legislate,  and  for  nothing  else.  With  the  ex- 
pression of  these  views,  which  I  have  offered 
because  gentlemen  desired  to  have  everybody 
express  tlieir  views,  I  am  willing  to  stand  be- 
fore the  Convention.  I  may  be  in  error  ;  but, 
right  or  wrong,  those  are  the  principles  I  ad- 
vocate. 

Mr.  KINKEAD.  I  presume,  Mr.  President, 
that  the  debate  upon  this  question  is  about 
closed.  The  principles  involved  have  been 
ably  and  thoroughly  discussed,  aud  that  part 


of  the  subject  I  am  willing  to  leave  where  it 
now  stands.  I  rise  at  this  time  for  the  purpose 
merely  of  stating  a  few  facts  and  presenting  a 
few  figures  to  show  the  probable  cost  of  a 
State  Government,  and  the  basis  upon  which 
we  propose  to  support  it,  as  those  matters  may 
have  some  bearing  upon  the  question  we  are 
considering. 

The  State  Constitutional  Convention  which 
assembled  here  last  fall  had  a  Finance  Com- 
mittee, composed— with  perhaps  a  single  ex- 
ception (myself) — of  very  able  gentlemen,  and 
it  was  their  particular  province  to  examine 
this  very  question.  They  canvassed  this  part  of 
their  duties  thoroughly,  and  arrived  at  the 
conclusion  that  the  lowest  sum  for  which  an 
economical  State  Government  could  be  sup- 
ported was  three  hundred  thousand  dollars  a 
year.  My  own  opinion  on  this  subject  has  un- 
dergone no  change  since  then,  and  gentlemen 
will  find,  I  think,  when  they  come  to  try  the 
experiment,  that  the  actual  figures  will  go  over 
rather  than  under  that  amount.  In  addition 
to  that  sum.  we  must  provide  for  the  indebted- 
ness of  the  Territory,  amounting  now  to  about 
two  hundred  aud  thirty-five  thousand  dollars, 
and  which,  probably,  by  the  time  we  get  the 
State  Government  into  operation,  will  reach 
the  amount  of  two  hundred  and  fifty  thousand 
dollars.  It  is  true  that  a  large  proportion  of 
this  indebtedness  is  bonded,  and  probably  the 
bonds  could  be  met  at  maturity,  with  the  pres 
ent  and  prospective  Territorial  revenue  ;  still, 
the  interest  and  part  of  the  principal  must  be 
paid  the  first  year,  amounting  very  nearly  to 
fifty  thousand  dollars.  Thus  we  have  three 
hundred  and  fifty  thousand  dollars  to  provide 
for  in  the  first  year  of  our  State  existence — the 
lowest  amount,  in  my  opinion,  on  which  we 
can  possibly  conduct  a  State  Government. 
Now  then,  to  meet  that  amount  of  expenditure, 
what  have  we  to  rely  upon? 

Mr.  FITCH,  Will  the  gentleman  give  us  the 
items  ? 

Mr.  KINKEAD.  If  the  gentleman  will  wait 
on  me  to-morrow,  I  will  do  so. 

Mr.  FITCH.  I  would  like  the  items  now, 
for  the  information  of  the  Convention. 

Mr.  KINKEAD.  I  stated  that  proposition  as 
the  result  of  the  labors  of  the  Finance  Com- 
mitte  of  the  former  Convention,  of  which  the 
gentleman  from  Storey  (Mr.  Collins)  was  a 
member,  though  as  he  was  sick  during  the  lat- 
ter part  of  the  Convention,  I  am  not  sure 
whether  he  remained  until  the  labors  of  the 
committee  were  concluded. 

Mr.  FITCH.  But  was  not  that  estimate 
based  upon  the  hypothesis  that  the  State  was 
to  be  compelled  to  support  a  system  of  District 
Courts  and  District  Judges? 

Mr.  KINKEAD.    Yes,  sir. 

Mr.  FITCH.  That  is  ruled  out,  now,  by  our 
proposed  judicial  system. 

Mr.  KINKEAD.  Well,  I  suppose  it  amounts  to 
the  same  thing  ;  if  our  system  makes  the  county 
expenses  higher,  the  taxation  will  be  the  same. 


3T0 


TAXATION, 


[10th  day. 


Thursday,] 


NOURSE. 


[July  14. 


Now  what  have  we,  to  meet  this  expenditure  ? 
for  we  must  looli  the  whole  thing  in  the  fac6. 
"VVe  have  an  assessment-roll,  amounting  last 
year  to  twenty-flve  and  a  half  millions  of  dol- 
lars, assessed  on  all  the  property  in  the  Terri- 
tory, exclusive  of  the  mines.  Of  this  amount, 
over  fourteen  millions  of  dollars  are  assessed 
in  Storey  County,  and  all  agree  that  the  assess- 
ment in  that  county  has  been  excessive  in  the 
extreme.  I  do  not  go  as  far  as  my  colleague, 
(Mr.  Johnson.)  who  thought  that  the  property 
in  Storey  County  would  not  realize  more 
than  half  what  it  was  assessed  for,  but  I 
think  no  one  will  dispute  that  it  was  assessed 
at  least  four  millions  higher  than  it  should  have 
been.  In  other  counties  the  assessment  was 
fully  as  high  as  it  will  probably  be  this  year, 
and,  sir,  I  do  not  expect  that  the  aggregate 
amount  of  property  in  the  Territory,  to  be 
assessed  this  year,  exclusive  of  the  mines,  will 
exceed  twenty  millions.  But  taking  the  basis 
of  twenty-five  and  a  half  millions  of  dollars — 
and  I  do  not  suppose  it  can  be  any  more  than 
that  this  year,  certainly  ;  I  do  not  suppose  any 
gentleman  on  this  floor  is  so  saaguiue  of  our 
prosperity  in  the  immediate  future  as  to  enter- 
tain the  idea  that  our  property  will  be  likely 
to  exceed  the  amount  of  the  assessment  of  last 
year — what  will  be  the  result  of  our  calcula- 
tions? We  have  a  gross  revenue,  at  the  pres- 
ent rate  of  taxation  for  Territorial  purposes,  to 
wit :  one-half  of  one  per  cent.,  of  nearly  one 
hundred  and  twenty-eight  thousand  dollars. 
Of  this  amount,  up  to  this  time,  there  has 
been  paid  into  the  treasury  about  eighty- 
three  thousand  dollars,  leaving  the  large  sum 
of  forty-five  thousand  dollars  delinquent,  and 
consumed  in  the  expenses  of  collection.  It  is 
very  easy  to  calculate  what  it  would  cost  to 
raise  four  times  the  amount  of  last  year's 
revenue  on  the  same  property.  It  would  in- 
volve a  tax  of  two  per  cent,  for  State  purposes 
alone,  to  which,  if  you  add  your  County,  City 
and  Federal  taxes,  you  have  in  truth  a  -'burden 
grievous  to  be  borne."  I  simply  desired  to 
present  these  facts,  not  to  comment  upon 
them  at  any  length  at  this  time,  as  I  am 
anxious  to  have  this  question  disposed  of 
speedily. 

Now,  we  must  learn  wisdom  from  the  past, 
and  I  simply  submit  this  statement  for  the  con- 
sideration of  the  Convention.  I  think,  myself, 
that  in  a  year  or  two,  there  will  be  a  larger 
amount  of  other  property  liable  to  taxation. 
But  what  I  want  to  get  at,  is  simply  this  idea, 
that  we  have  not  property  enough,  aside  from 
the  mines,  to  sustain  a  State  Government  with- 
out extreme  and  onerous  taxation.  It  seems  to 
me,  therefore,  that  the  question  is  narrowed 
down  to  this:  cither  we  must  tax  the  mines,  or 
we  must  bankrupt  the  State  Government,  at 
its  very  outset. 

Mr.  NOURSE.  I  am  aware  that  I  have  taken 
up  niore  than  my  share  of  the  time  of  the  Con- 
vention, but  I  endeavor  not  to  speak  unless  I 
really  have  something  to  say.     1  am  appalled, 


I  confess,  at  finding  from  the  statements  of  two 
or  three  gentlemen  here,  what  a  ruinous  busi- 
ness this  mining  is.  Why,  sir,  if  it  be  so  sure- 
ly ruinous  to  all  who  engage  in  it,  that  only 
six  mines  in  the  Territory  are  paying  anything, 
ami  all  the  rest  are  not  paying,  nor  likely  to 
pay,  it  seems  to  me  that  it  would  be  the  part 
of  wisdom  and  humanity  for  us  to  put  a  fence 
around  our  ledges,  and  by  absolute  prohibition, 
keep  men  from  rushing  in,  headlong,  to  their 
certain  destruction.  Shall  we  be  doing  wisely, 
by  refraining  from  imposing  any  taxation  on 
the  mines,  to  encourage  men  thus  to  plunge 
into  certain  ruin,  and  loss  of  property  ?  It 
really  seems  to  me  that  the  argument  of  these 
gentlemen  goes  a  little  too  far.  I  do  not 
know  how  far  those  who  use  such  an  argument 
actually  mean  it — though  I  am  sure  they  would 
not  say  what  they  do  unless  they  believed  it, 
I  do  not  know,  indeed,  how  far  their  zeal  in 
argument  may  have  brought  them  to  this  view 
of  the  state  of  things — but  it  is  generally  sup- 
posed and  believed,  that  the  busines.s  of  min- 
ing is  what  is  going  to  make  Nevada  rich,  and 
it  certainly  will  not  do  that,  if  those  who  are 
engaged  in  it  are  always  going  to  lose  money 
by  it  ;  and  that  is  all  there  is  about  that. 

Now  is  it,  in  fact,  going  to  make  any  per- 
ceptible difference  in  the  amount  of  bullion 
extracted  from  the  earth,  whether  a  tax  is  levied 
on  the  mines  or  not  ?  Gentlemen  talk  as  if  it 
were  to  be  taken  for  granted  that  if  you  levy  a 
tax  upon  mining  property  as  you  do  on  every- 
thing else,  it  is  going  to  put  a  stop  to  all  min- 
ing and  prospecting.  Is  that  reasonable?  Here 
is  a  tax,  say  of  two  and  a  half,  or  even  three 
per  cent.,  to  be  imposed  upon  the  mines.  So 
far  as  I  can  judge,  men  do  not  go  into  opera- 
tions of  any  kind  in  this  country  with  an  idea 
of  making  anything  like  six  per  cent,  per  an- 
num in  the  way  of  profit.  On  the  contrary,  if 
their  business  is  considered  good  for  anything, 
it  must  yield  from  three  to  five  per  cent,  per 
month  ;  and  does  anybody  believe  for  one  mo- 
ment that  a  tax  of  only  two  and  a  half  or  three 
per  cent. — not  per  month,  but  per  annum — is 
going  to  make  any  difference  in  the  amount  of 
mining  carried  on  ?  I  do  not  believe  there  will 
be  a  single  mine  the  less,  that  is  worth  any- 
thing, in  which  mining  operations  will  be  "car- 
ried on  in  this  Territory.  I  do  not  believe  it 
will  make  the  difference  of  a  single  mine, 
whether  the  mines  are  taxed  or  not  taxed.  I 
believe  the  burden  will  be  so  light — for  it  will 
not  be  heavy  if  it  is  shared  equally  by  all — that 
the  miners  will  not  notice  it,  except  as  their 
attention  may  be  called  to  it  by  politicians, 
who  may  desire  to  make  a  hobby  of  it,  as  a 
means  of  getting  into  power  and  place.  If  the 
miners  were  let  alone  by  the  politicians,  does 
anybody  believe  that  the  taxation  of  mining 
property,  as  other  property  is  taxed,  would 
make  any  difterence  in  the  amount  of  mining? 
I  certainly  do  not  believe  it. 

Now,  it  is  proposed  that  we  shall  not  tax  any 
mine  which  has  a  value  of  under  live  dollars 


10th  day.] 


TAXATION. 


371 


Thursday,] 


BA^fKS — DeLong — Nourse. 


[July  14. 


per  foot.    As  a  practical  matter,  I  do  not  care 
a  copper  for  that,  and  I  complain  of  it  only  as 
an  abandonment  of  the  sound  political  princi- 
ple,  that  all   property  shall   be   taxed  alike. 
And  it  is  an  abandonment  of  moral  principle, 
too,   because   it  is  unjustly  taking  from   one 
class  all  the  burdens  which  should  be  borne  by 
that  class  in  fair  proportion,  and  placing  them 
upon  another  class.     Still,  as  a  practical  mat- 
ter, it  is  very  trivial.     The  taxation  of  mines 
worth  less  than  five  dollars  per  foot,  does  not 
amount  to  anything,  and  therefore,  I  say,  it 
seems  to  me  that  gentlemen  should  not  ask  us, 
who  think  it  is  an  abandonment  of  principle, 
to  make  that  concession  for  so  trifling  a  benefit 
as  it  would  bring  them.      It  will  save  a  slight 
burden  upon  some  of  those  gentlemen's  con- 
stituents— those  who  have  invested  in  cheap 
mining   ground — but   when   we    do    that,    we 
abandon  the  principle  of  just  and  equal  taxa- 
tion    Why,  sir,  it  was  for  just  such  a  slight 
thing  as  that,  that  our  revolution  was  begun 
and  carried  on.     The  American  people  did  not 
care  for  the  three-pence  a  pound  tax  on  tea, 
but  they  would  not  abandon  the  principle  of 
"  no  taxation  without  representation."     It  is 
just  so  here.     We  who  believe  that  upon  prin- 
ciple all  property  should   be  taxed  alike,  feel 
that  we  should  not  be  asked  to  abandon  that 
principle,  when  in  doing  so,  we  do  not  help 
anybody   to   any    appreciable    extent.     Now, 
as  a  matter  of  principle,  we  all  start  out  on 
the  same  general  ground,  that  all  property  is 
to  be  taxed  alike  ;  for  if  I  understand  the  ar- 
gument of  gentlemen,  it  is  not  as  a  matter  of 
right,   but   as  a  matter  of  policy,  that  they 
argue  for  its  exemption. 
Mr.  BANKS.     That  is  not  my  argument. 
Mr.  DeLONG.     It  is  not  mine. 
Mr.  NOURSE.     I  understand  them  to  say, 
that  by  refraining  from  taxing  the  mines,  we 
should  encourage  them,  and  so  make  the  State 
wealthy.    I  think  I  state  the  argument  fairly, 
as  it  has  been  presented  here.    Gentlemen  say, 
if  you  impose  a  tax  on  the  mines,  you  thereby 
discourage  mining,  and  by  not  imposing  a  tax 
on  the  mines,  you  encourage  mining — that  is 
what  I  understand  gentlemen  to  argue — and 
that  thus  you  increase  the  wealth  of  the  com- 
munity.    They  do  not  put  it  upon  principle  at 
all,  for  the  ground  of  principle  is,  that  all 
property  which  is  protected  by  the  Govern- 
ment, should  bear  its  share  in  supporting  the 
Government.     But  these  gentlemen  say  that 
the  mining  interest,  which  is  the  great  interest 
of  the  Territory,  and  upon  which  the  Territory 
depends  almost  wholly,  should  not  be  taxed. 
They  say  that  it  is  not  desirable  that  you  should 
tax  that  species  of  property,  because,  by  not 
taxing  it,  you  encourage  the  development  of 
the  mines,  and  so  add  to  the  wealth  of  the  Ter- 
ritory.    They  say  the  mines  make  all  the  wealth 
there  is  in  the  Territory,  and  I  admit  all  that. 
No  gentleman  can  go  beyond  my  appreciation 
of  the  importance  of  the  mines,  and  the  min- 
ing interest.    I  understand  perfectly,  that  the 


ranches,  and  the  quartz  mills,  and  everything 
else,  would  be  good  for  nothing  without  them. 
But  let  us  see  how  this  doctrine  would  work, 
by  referring  to  other  States  and  communities. 
The  City  of  Chicago  would  have  been  good  for 
nothing  without  the  farming  country  back  of 
it.  Her  railroads  now  reach  half  a  dozen 
other  States,  making  them  all  tributary  to  her 
wealth  and  prosperity  ;  but  in  the  first  place,  I 
say,  but  for  the  farms  of  Illinois,  there  would 
have  been  no  Chicago.  Those  farms  built  up 
her  stores,  her  hotels,  her  warehouses,  and 
everything  there  is  in  Chicago.  Yet  who  ever 
affirmed,  or  dreamed  of  affirming,  that  those 
farms  in  Illinois  should  be  exempt  from  taxa- 
tion, because  they  had  made  Chicago ;  or  that 
the  buildings,  and  other  property  in  Chicago, 
should  constitute  the  whole  taxable  property 
in  the  State  of  Illinois?  So  it  is  if  you  go 
into  New  England.  Take  the  City  of  Manches- 
ter, New  Hampshire,  for  instance,  built  up  en- 
tirely by  manufactures.  That  city  would  be 
nothing  without  them.  Those  manufauturers 
have  employed  laborers,  as  our  mines  have 
here,  but  in  much  greater  numbers.  They  have 
paid  out  immense  sums  of  money,  and  they 
have  built  the  town  ;  and  yet,  what  manufac- 
turer ever  claimed  that  his  property  in  the 
manufactory  should  not  be  taxed?  So  much 
for  that  argument. 

Now,  the  eloquent  gentleman  from  Virginia 
(Mr.  Chapin)  thinks  he  sees  a  parallel  for  the 
policy  which  he  seeks  to  establish  and  pursue, 
in  the  fact  that  Massachusetts  does  not  tax  the 
whales  that  her  whalemen  hunt  after,  or  the  oil 
which  they  are  seeking  for,  until  it  gets  into 
port.  Well,  I  do  not  know  by  what  authority 
Massachusetts  could  tax  the  whales  in  the  Pa- 
cific Ocean.  She  might  as  well  undertake  to 
tax  real  estate  in  the  Sandwich  Islands.  I 
do  not  know  by  what  authority  she  could  tax 
the  oil  until  it  does  get  into  port,  because  until 
then,  nobody  knows  that  there  is  any  such  oil. 
And  the  fact,  instead  of  being  such  an  illustra- 
tion of  this  policy  as  the  gentleman  claims, 
seems  to  me  only  a  matter  of  mere  honesty. 
They  do  not  tax  the  whales,  and  the  oil,  because 
they  have  no  right  to  tax  it. 

But  the  gentleman  from  Churchill  County, 
behind  me,  (Mr.  Murdock,)  says  he  is  opposed 
to  putting  in  "  mines  and  mining  property," 
because  it  is  surplusage.  He  says,  when  you 
;  say  "  property,"  that  is  all  that  is  necessary. 
'  Now,  there  is  something  more  than  the  mere 
question  of  taxation  of  the  mines  that  ai-ises 
here,  and  that  is  one  point  to  which  I  wish  to 
call  attention  in  this  connection,  for  it  seems 
to  me  that  that  is  involved,  as  much  as  the  tax- 
ing of  the  mines.  The  amendment  offered  by 
the  gentleman  from  Storey  (Mr.  Tozer)  is  not 
before  the  Convention  at  this  time,  but  the 
amendment  to  the  amendment,  offered  by  the 
gentleman  from  Ormsby  (Mr.  Johnson)  is  be- 
fore the  Convention ;  and  that  provides  for  the 
taxation  of  not  only  real  and  personal  proper- 
ty, but  also  of  possessory  claims  and  rights 


372 


TAXATION. 


[10th  day. 


Thui-sda3%] 


Johnson — Nourse. 


[July  14 


Now  without  such  a  provision,  what  is  there 
that  can  be  taxed  ?  There  are  in  this  Territory 
a  few  ranches,  perhaps,  that  have  been  survey- 
ed by  Government,  and  are  occupied  by  own- 
ers who  have  the  title  in  fee,  and  that  is  all  the 
property  to  which  anybody  has  a  title  in  fee. 
All  other  titles  are  possessory  ;  and  of  the 
fourteen  millions  of  property  in  Storey  County, 
I  think  probably  four  millions  are  personal 
property,  and  probably  about  ten  millions  are 
real  estate  ;  and  of  all  that  property,  scarcely 
a  dollar's  worth  is  owned  in  fee.  It  is  all  pos- 
sessory property  ;  and  if  the  arguments  of 
some  gentlemen  be  sound,  that  because  of  the 
language  of  the  Enabling  Act  property  of  the 
United  States  cannot  be  subjected  to  taxation, 
then  those  houses  and  stores  in  Virginia  City, 
partaking  of  the  realty,  would  escape.  They 
certainly  are  not  personal  property.  They 
cannot  be  taxed  as  real  property,  according  to 
that  doctrine,  because  the  fee  is  in  the  United 
States,  and  they  cannot  be  taxed  as  personal 
property  because  they  are  not  personal,  but 
are  fixed  and  annexed  to  the  realty.  And  if 
you  do  not  adopt  this  provision,  which  includes 
possessory  rights,  under  the  dof^trine  contended 
for  by  the  other  side  of  the  House  you  cannot 
tax  that  fourteen  millions  of  surface  property 
in  Storey  County — not  a  rod  of  it.  You  not 
only  throw  out  all  mines  and  mining  property, 
but  all  other  property,  except  that  to  which 
the  title  in  fee  has  been  granted  by  the  Gov- 
ernment. It  may  be  said — I  do  not  know  but 
it  is  correct — that  possessory  rights  in  lands 
are  not  taxable,  because  of  a  provision  in  the 
Enabling  Act  that  it  shall  not  be  taxed  for  five 
years,  but  I  do  not  think  there  is  such  a  pro- 
vision. 

Mr.  JOHNSON.    There  is  not. 

Mr.  NOURSE.  Well,  I  thought  there  was 
not.  But  I  say,  unless  you  include  in  your 
constitutional  provision,  such  language  as  will 
make  it  sure  that  you  can  tax  possessory  rights, 
it  leaves  the  State  Government  to  be  paid  for 
and  supported  by  the  owners  of  the  few  ranch- 
es which  have  been  entered  at  the  United  States 
land  office,  not  amounting  altogether  to  tvvo 
millions  of  dollars  in  value.  That  is  where  it 
would  leave  us. 

Now,  the  gentleman  from  Ormsby  (Mr.  John- 
Boa)  puts  this  matter  at  rest  by  his  amendment. 
Tt  suits  me  exactly.  I  am  not  particular  about 
the  exact  language,  however.  I  do  not  lay  as 
much  stress  as  he  does  on  the  use  of  that  word 
"  claims."  I  should  be  willing  to  have  it  mod- 
ified so  as  to  state  only  that  all  property,  pos- 
sessionrf.  and  possessory  rights  shall  be  taxed. 
A  man  may  have  a  clear  possessory  right  to  a 
mine,  for  instance,  of  which  he  has  been  un- 
justly deprived.  I  would  not  object  to  allow- 
ing it  to  read  "property  possessions  and  posses- 
sory rights  ;  -'  and  when  yon  get  that  idea  in,  I 
do  not  care  by  what  particular  word  or  phrase, 
I  am  perfectly  satisfied. 

Now  we  come  to  another  question,  and  that 
is  one  which  has  been  twisted  and  turned  into 


every  imaginable  shape,  in  this  debate.  It 
seems  to  me  that  gentlemen  are  not  consistent 
in  regard  to  it.  In  one  part  of  their  argument, 
they  say  that  the  mines  pay  for  everything — 
that  if  a  man  raises  a  cabbage,  the  miner  pays 
him  for  it,  and  pays  all  his  taxes  too — that  ul- 
timately, everything  comes  out  of  the  miner. 
Then  what  is  the  objection  to  directly  taxing 
the  mines.  If  there  are  twenty  millions,  say, 
of  agricultural  property,  and  sixty  millions  of 
mining  property  in  the  Territory,  you  have  to 
tax  the  twenty  millions  at  the  rate  of  one  and 
a  half  per  cent.,  in  order  to  raise  three  hundred 
thousand  dollars,  or  two  per  cent.,  making  the 
allowance  necessary  for  the  cost  of  collection, 
and  for  the  non-collections;  and  there  would 
be  four  hundred  thousand  dollars  for  the  miners 
to  pay,  if  they  have  to  pay  it  all,  according  to 
this  argument.  Now,  are  they  any  worse  off, 
if  they  add  their  property  to  the  assessment, 
and  make  it  eighty  millions  of  dollars,  paying 
taxes  at  the  rate  of  one  half  of  one  per  cent, 
on  that,  instead  of  two  per  cent,  on  the  twenty 
millions?  What  is  the  difference?  I  do  not 
know  why  it  is  objected  to,  unless  there  is  some 
"  gum-game  ''  about  it — unless  men  are  to  have 
wool  pulled  over  their  eyes — unless  gentlemen 
wish  to  be  enabled  to  go  back  to  their  mining 
constituencies  and  say  :  "  We  got  you  clear 
from  taxation  !  "  when  they  really  did  no  such 
thing.  If  they  admit  that  the  miners  have  got 
to  pay  the  taxes  in  the  end,  I  do  not  see  but 
that  the  miners  may  as  well  nominally  pay 
their  share  of  taxation,  as  to  pay  it  really,  and 
get  no  credit  for  it.  No  more  money  is  neces- 
sary to  be  raised  whether  the  tax  is  levied  on 
twenty  millions  or  on  eighty  millions. 

But  there  is  another  feature  of  this  case, 
which  has  not  been  brought  out  quite  as  boldly 
as  it  ought  to  be.  It  is  not  merely  a  State  mat- 
ter, but  a  county  matter  also.  And  here  let 
me  say  that,  elected  as  I  am  by  the  people  of 
Washoe  County  as  their  representative,  I  do 
not  believe  thai  I  am  bound  to  vote  simply  for 
their  particular  interests,  regardless  of  what 
may  be  right.  I  do  not  believe  they  ever  ex- 
pected that  of  me  ;  and  if  they  did,  thoy  are 
wofully  mistaken  in  their  man,  that  is  all. 
Now,  we  are  legislating  for  county  expenses, 
as  well  as  for  State  expenses,  and  I  take  an  in- 
terest not  only  in  Washoe,  but  also  in  Storey 
County.  The  representation  on  this  floor  from 
the  latter  county  has  so  prepossessed  me  in  its 
favor,  that  I  cannot  help  it.  [Merriment.]  I  do 
not  want  to  see  the  people  of  Storey  County 
dealt  unjustly  by.  Why,  the  assessor  of  Storey 
County  tells  us  here,  that  he  has  assessed  four 
millions  of  personal  property  in  that  county, 
owned  as  mines  are  owned.  It  was  not  assessed 
as  real  property,  nor  as  possessions,  but  only  as 
gross  proceeds.  Of  course,  the  stocks  held  by 
individuals  must  have  been  assessed  also,  if  the 
assessor  did  his  duty,  as  the  presumption  of 
law  is  he  did,  and  we  must  presume  that  if  any 
gentleman  in  Virginia  City  had  stock  in  their 
safes,  they  were  assessed  for  it.     That  would 


10th  day.] 


TAXATION. 


373 


Thursday,] 


DeLong — NouKSE — Eabl. 


[July  14. 


be  personal  property,  and  therefore  liable  to 
assessment :  and  of  course  no  Virginia  gentle- 
man would  swear  falsely  when  put  on  his  oath. 
That  property,  then,  must  be  estimated  with 
the  other  property  in  Storey  County,  and  it  is 
variously  estimated  from  six  to  eight  millions 
of  dollars.  We  will  put  it  at  the  lowest  figure, 
for  our  calculation.  All  the  interest  which  the 
Storey  County  people  have  in  the  mines,  must 
be  included  with  the  personal  property  of  the 
county,  which  would  take  in,  therefore,  all  the 
Btocks,  the  dry  goods,  the  groceries,  horses, 
carriages — everything  in  the  way  of  personal 
property.  Suppose  that  half  of  that  amount 
of  personal  property  is  in  stocks  ;  then  we  see 
that  a  very  large  proportion  of  the  personal 
property  owned  by  the  Storey  County  people 
does  not  pay  a  cent  towards  the  expenses  of 
Storey  County,  and  yet.  as  has  been  said  re- 
peatedly here,  the  time  of  the  District  Court  is 
taken  up  by  those  large  mining  cases,  in  respeci 
to  ledges  owned  by  men  living  abroad— non- 
residents in  the  Territory.  They  are  protected 
there  by  law,  at  the  expense  of  the  people  of 
Virginia.  And  most  of  the  time  of  Judge 
Davenport,  the  City  Rocorder,  is  taken  up,  I 
believe,  in  investigating  those  ''  smoking-out  " 
cases,  and  bringing  in  men  for  assault  and  bat- 
tery in  connection  with  them. 

Mr.  DeLONG.  Let  me  correct  the  gentle- 1 
man.  That  is  a  mistake  ;  the  reports  show  that 
the  Recorder's  time  is  mostly  taken  up  with 
the  cases  of  gentlemen  from  the  country,  who 
have  come  into  the  city  to  get  drunk.  [Laugh- 
ter.] 

Mr.  NOURSE.  Well,  we  know  the  papers 
always  tell  the  truth,  and  the  papers  show  that 
those  "  smoking-out "  scrapes  are  what  chiefly 
occupy  his  time  ;  the  rest  of  it  is  taken  up 
with  cases  of  assault  and  battery.  They  are 
about  all  under-ground  cases  of  a  similar  nature. 
Gentlemen  will  admit,  I  suppose,  that  these 
cases  take  up  much  of  the  time  of  the  court. 

Mr.  EARL.  But  the  Recorder's  Court  is  a 
self-sustaining  court  ;  and  not  only  that,  but  it 
pays  a  considerable  amount  into  the  county 
treasury. 

Mr.  NOURSE.  So  much  the  better  for  the 
county  treasury.  Any  other  information  from 
Storey  County  will  be  gratefully  received  and 
noted.     [Laughter.] 

As  I  was  about  to  say  when  I  was  interrupt- 
ed, these  stockholders  in  the  mines,  are  not 
paying  anything  towards  the  expenses  of  the 
county  of  Storey.  They  are  getting  rich  from 
it,  I  think,  notwithstanding  the  fearful  stories 
we  have  heard  about  the  non-productiveness  of 
the  mines.  They  are  certainly  getting  divi- 
dends, month  after  month  ;  they  are  enjoying 
the  protection  of  the  courts,  and  they  are  pay- 
ing nothing  whatever  towards  the  county  ex- 
penses, except  it  may  be  what  they  may  pay  in 
the  way  of  fines  when  they  get  into  that  con- 
dition which  the  gentleman  from  Storey  (Mr. 
DeLong)  has  suggested,  and  that  would  cer- 
tainly not  amount  to  a  very  large  sum  in  the 


aggregate.  Now  I  protest  against  the  injus- 
tice of  that  arrangement.  It  is  not  a  question 
between  the  mining  counties  and  the  cow  coun- 
ties, but  it  is  a  question  between  the  poor,  hon- 
est miner,  who  digs  with  his  pick  in  the  mines, 
and  those  rich  stockholders  and  shareholders — 
those  wealthy  men.  I  say  they  should  be  made 
to  pay  for  the  protection  they  receive. 

Now  I  wish  to  pay  my  respects  for  a  moment 
to  this  talk  about  the  Constitution  being  re- 
jected. I  did  not  want  to  say  anything  about 
that,  but  when  they  tell  us  about  the  miners  com- 
ing down  forty-horse  power  against  the  Consti- 
tution because  they  are  not  exempted  from  taxa- 
tion, if  it  were  any  where  else  than  here,  I 
should  say  it  sounds  like  bosh.  I  want  to 
know  who  are  the  voters  of  Storey  County  ? 
Are  the  only  voters  there  to  be  those  who  are 
to  pay  the  heavy  taxes,  if  the  Constitution  is 
adopted  ?  I  take  it  the  working-men  consti- 
tute a  majority  of  the  voters  in  Storey  County, 
and  will  they  have  to  pay  a  cent  of  this  tax  on 
the  mines?  Is  it  not  simply  the  owner,  and 
not  the  working-man,  who  will  be  taxed  ?  And 
the  owner  will  not  pay  his  workmen  one  cent 
less  wages  on  that  account.  The  standard  of 
labor  is  not  regulated  by  that.  The  Gould  & 
Curry  Company  is  not  going  to  work  to  figure 
the  matter  up,  and  cut  down  their  operatives' 
wages  so  much  per  man,  in  order  to  meet  this 
tax.  It  will  not  make  a  difference  of  a  single 
cent  with  the  working-man.  I  do  not  know 
how  much  the  voters  of  Storey  County  may  be 
misled  by  demagogues,  who  would  make  them 
l)elieve  they  are  wronged  by  this  policy  ;  but 
if  the  case  is  fairly  presented  to  them,  does  any 
gentleman  believe  that  a  majority  of  the  peo- 
ple in  Storey  County  is  going  to  be  led  to  vote 
against  this  Constitution  because  under  it  the 
wealthy  men  who  have  property  there  will 
have  to  pay  taxes  on  that  property  ? 

All  this  argument  about  not  taxing  the 
mines  because  we  want  to  encourage  their  de- 
velopment, is  nonsense.  The  argument  is, 
that  you  must  not  tax  any  man  who  is  trying 
to  make  money,  for  fear  he  will  stop  making  it. 
If  an  eastern  manufacturer  goes  into  a  factory 
and  makes  money  there,  he  does  it  for  himself, 
for  his  own  benefit,  and  not  pro  bono  publico. 
And  the  miners  in  this  Territory,  with  all  due 
respect,  sro  into  that  business  also  for  them- 
selves. Do  people  in  the  East,  when  the  man- 
ufacturer, who  is  undoubtedly  benefiting  the 
comiuunity.  begins  to  make  money  for  himself, 
stand  and  "hold  their  breath,  and  say  :  •'  Do  not 
tax  him,  or  he  will  stop  his  work  "  ?  Let  these 
miners  make  money  for  themselves  if  they 
please,  but  are  they  to  be  exempted  from  taxa- 
tion merely  because,  while  making  themselves 
rich,  they  happen  to  make  others  rich  also,  or 
to  advance  the  general  interests  of  the  com- 
munity ?  The  argument  would  be  good  and 
sound  if  it  were  proposed  to  levy  an  extra  tax 
If,  under  a  system  such  as  the  United  States 
Government  has  adopted,  of  taxing  incomes, 
and  so  on,  we  proposed  to  add  to  the  property 


374 


TAXATION. 


[lOth  day. 


Thursday,] 


DeLoNG — NOURSE. 


[July  14. 


tax  another  tax  upon  the  proceeds  of  the 
mines,  then  gentlemen  might  with  justice  come 
in  and  say  :  •'  This  is  a  wretched  policy  ;  you 
are  certainly  discouraging  this  interest  which 
is  helping  to  build  us  up."  But  when  it  is  sim- 
ply proposed  to  treat  this  kind  of  property  as 
we  do  every  other  kind  of  property,  there  can 
Le  no  soundness  in  the  argument,  that  in  so  do- 
ing we  are  discouraging  the  progress  of  the 
miners  with  their  work. 

I  have  but  a  word  more  to  offer.  The  sum 
of  the  whole  matter,  Mr.  Chairman,  is,  that  the 
amendment  proposed  by  the  gentleman  from 
Ormsby  (Mr.  Johnson)  carefully  includes  all 
kinds  of  property,  and  the  reason  why  the 
words  "  all  possessory  claims  "  are  put  in,  is 
because  of  gentlemen  like  the  gentleman  on 
my  right,  (Mr.  DeLong.)  and  others,  having 
claimed  that  the  possessory  rights  to  these 
mines  are  not  property,  and  that  if  that  word 
'•  property  "  alone  is  used,  they  will  not  be  sub- 
ject to  taxation  under  it.  And  that  practically 
it  might  be  a  matter  which  would  be  likely  to 
give  trouble,  without  those  words,  is  abundant- 
ly evidenced  by  the  fact,  that,  under  a  similar 
provision  adopted  in  the  California  Consti- 
tution, the  mines  have  gone  untaxed  from  that 
day  to  this.  Although  they  have  plenty  of 
mines  like  ours,  yet  none,  even  of  their  quartz 
leads,  are  taxed.  Now  this  amendment  of  the 
gentleman  from  Ormsby  simply  proposes  to 
cover  all  sorts  of  property.  It  says  :  "  prop- 
erty, possessory  rights,  and  claims." 

Some  of  the  gentlemen  on  the  other  side 
come  in  here  and  ask  that  the  mines  be  exempt- 
ed from  taxation  altogether  ;  but  others,  more 
reasonable  in  their  demands,  say  they  do  not 
ask  that.  They  say  :  "  We  are  willing  that  the 
heavy  mines  shall  be  taxed,  but  we  do  ask  you 
to  exempt  those  which  have  a  value  under  five 
dollars  a  foot."  In  regard  to  that,  as  I  said 
before,  although  practically  it  is  so  small  a 
matter  that  I  do  not  care  for  it,  yet  it  is  a  mat- 
ter of  principle,  and  would  be  of  little  practi- 
cal benefit  to  anybody.  If  we  are  beaten  in 
the  matter  of  principle  in  the  abstract,  I  should 
not  oljject  seriously  to  that,  in  the  concrete. 
But  why  should  not  we  add  to  that,  that  a  claim 
to  land  out  here  in  the  sage-brush,  worth  not 
mure  than  five  dollars  pei-  acre,  shall  be- ex- 
empted also  from  taxation  ?  A  man  plows  his 
little  ditch  around  his  land,  after  he  clears  off 
the  sage-brush,  plants  his  patch,  and  expects  to 
make  something  by  its  cultivation  ;  and  if  we 
should  give  him  an  inducement  not  to  enter  his 
land  in  the  United  States  Land  Office,  and  pur- 
chase it  from  the  government,  I  do  not  know 
but  we  should  be  all  the  wealthier  for  keeping 
the  money  in  the  Territory.  And  why  is  it  not 
just  as  reasonable  that  farming  property  shall 
be  exempted  so  long  as  it  has  l)ut  little  value,  as 
that  mining  property  should  be,  as  long  as  that 
has  but  little  value?  I  do  not  know  how  it 
would  look  to  me  on  further  deliberation,  but 
it  seems  to  me  now  that  if  it  is  only  desired  to 
levy  taxes  on  property,  I  might  be  willing  to 


incorporate  a  provision  here  that  a  given 
amount  of  property,  of  any  and  every  kind, 
shall  be  exempted  from  taxation.  I  think  pos- 
sibly that  might  do.  Then,  if  we  exempt,  say 
five  hundred  dollars,  the  man  who  has  a  hund- 
red feet  at  five  dollars  a  foot,  in  a  raining  claim, 
would  be  exempt.  But  on  principle  we  cannot 
exempt  one  kind  of  property,  unless  we  do  an- 
other. I  do  not  think  I  would  object  to  mak- 
ing an  exemption  of  a  small  amount  of  prop- 
erty, for  if  a  man  is  poor  he  nevertheless  pays 
his  poll-taxes.  It  does  not  strike  me  now  as 
being  objectionable,  but  it  does  strike  me  that 
to  exempt  a  small  amount  of  a  certain  kind  of 
property,  and  not  of  another  kind,  would  be  as 
olyectionable,  on  principle,  as  it  would  be  to 
exempt  one  kind  of  property  entirely.  My 
great  hope  is  that  this  Constitution,  in  this  re- 
spect as  well  as  every  other,  will  be  founded 
on  the  broad  principles  of  right  and  justice 
and  equity,  with  just  as  little  reference  to  how 
others  may  view  our  action  as  we  can  possibly 
feel  justified  in  getting  along  with.  I  certain- 
ly think— I  have  just  as  much  confidence  in  the 
people  as  that — that  our  chances  with  the  peo- 
ple for  the  adoption  of  the  Constitution,  and  j 
say  it  in  all  seriousness,  will  be  far  better  if  we 
make  it  right,  if  we  make  it  just,  if  we  make  it 
equal  in  its  bearing  upon  all  interests,  than  if 
we  do  not.  I  think  there  will  be  a  better 
chance,  by  far,  if  we  do  that,  than  there  will 
be  if  we  attempt  to  pander  to  the  interests  or 
the  prejudices  of  any  particular  class.  I  do 
believe  that  the  miners  are  not  so  selfish  as 
their  defenders  on  this  floor  would  have  us  be- 
lieve they  are.  I  do  believe  that  the  miners,  as 
a  general  rule,  would  not  object,  if  you  pre- 
sent the  question  nakedly  :  "Are  you  willing 
to  pay  taxes  upon  the  cash  value  of  your 
mines — not  what  a  man  may  say  he  will  give 
you,  knowing  that  you  would  not  sell  for  any 
price,  but  upon  its  market  valne — just  as  a 
horse  is  assessed  which  the  owner  would  not 
sell  perhaps  for  three  times  its  value?"  I 
think  that  the  miners  will  be  found  just  as  wil- 
ling as  other  men  are  to  bear  their  share  of  the 
burdens,  when  the  matter  is  fairly  presented  to 
them.  They  are  willing  to  pay  their  just  pro- 
portion, and  no  more,  of  taxes  on  their  mining 
property. 

Mr.  DeLONG.  I  wish  to  say  a  word  in  re- 
ply to  the  gentleman  who  spoke  last,  though  I 
had  not  intended  to  say  anything  more  on  this 
subject.  That  gentleman,  it  seems  to  me,  has 
reserved  his  sarcasms  and  his  misrepresenta- 
tions of  the  argument  on  our  side  to  the  close 
of  the  discussion,  just  before  the  vote  is  to  be 
taken,  and  I  do  not  feel,  for  one,  that  it  is  my 
duty,  or  my  right,  to  allow  the  question  to 
come  to  a  vote  now,  misrepresented  as  I  have 
undoubtedly  been,  by  the  remarks  of  the  gen- 
tleman, without  some  reply.  The  gentleman 
from  Washoe  is  exceedingly  caustic  in  his  ar- 
gument, lie  is  a  good  pleader,  presenting  his 
views  in  a  reasonable  and  plausible  manner. 

Mr.  NOURSE  (in  his  seat.)    Thank  you. 


10th  day.] 


TAXATION. 


Thursday,] 


DeLong — Fitch — Sttjktevaat. 


[July  14. 


Mr.  DeLONG  (proceeding.)  But  for  some 
reason  his  judgment  fails  to  perceive  the  point 
which  we  strenuously  urge,  or  for  some  reason 
he  is  unwilling  to  present  our  arguments  in 
their  true  light.  Now  it  is  not  our  argument  that 
the  individual  who  works  in  the  Gould  &  Curry 
mine,  or  any  other  mine,  or  the  man  who  owns 
no  stock,  will  be  injured  by  taxing  the  mines, 
and  on  that  account  be  induced  to  vote  against 
the  Constitution,  so  as  to  avoid  that  taxation, 
because  it  is  reasonable,  as  the  gentleman  urg- 
es, that  if  a  man  owns  no  property  he  has  no 
tax  to  pay  on  property.  That  is  not  what  the 
poor  miners  object  to.  Their  objection  is  this  : 
The  mines  are  developed  by  a  certain  system. 
That  system  is,  first,  incorporation.  In  the  first 
place,  there  is  the  formation  of  a  company,  and 
then  that  company  is  incorporated.  The  next 
step  is,  that  the  company  levies  asses.sments 
upon  the  individual  members,  and  those  mem- 
bers are  induced  to  pay  their  assessments  by 
the  hope  held  out  to  them  of  the  discovei-y  of 
a  remunerative  mine.  And  those  men  find,  as 
we  have  all  found,  to  our  bitter  sorrow,  who 
have  engaged  in  the  business,  that  in  nine  cases 
out  of  ten  the  enterprise  fails  to  pay.  And 
from  day  to  day  and  week  to  week,  as  time 
rolls  over  this  people  and  this  land,  we  find  it 
harder  and  harder  to  induce  non-residents,  or 
even  resident  share-holders,  to  pay  their  assess- 
moiits  on  stock  in  the  undeveloped  mines. 
Add  to  that  burden  the  burden  of  taxation,  and 
many  men  still  paying  their  money  to  devel- 
op the  mines,  still  paying  the  reward  of  the  labor- 
er, who  is  worthy  of  his  hire,  will  be  induced 
to  quit  the  business,  and  thus  the  field  of  labor 
will  be  coQtracted.  There  is  where  the  objec- 
tion of  the  poor  man  comes  in.  It  is  not  the 
tax  in  it.«elf,  but  its  tendency  to  check  the  spec- 
ulative feeling  of  the  people,  and  make  them 
less  willing  to  adventure  their  money  in  this 
kind  of  enterprises,  than  they  would  be  if  we 
were  to  foster  and  encourage  them. 

Mr.  FITCH.  Will  my  colleague  permit  me 
to  ask  him  a  question  ?  Suppose  the  most  des- 
perate case  that  could  be  imagined,  of  a  man 
prospecting  for  a  mere  hope.  Suppose  a  man 
were  working  upon  a  ledge,  running  a  tunnel, 
or  sinking  a  shaft,  with  no  signs  whatever  of  its 
ever  turning  out  to  be  of  any  value  :  do  you 
suppose  that  in  such  a  case,  if  a  man  were  wil- 
ling to  expend  a  hundred  thousand  dollars  in 
running  his  tunnel,  or  sinking  his  shaft,  he 
would  be  deterred  because  there  was  to  be  a 
five-dollar  tax  imposed  upon  the  mine,  after  the 
tunnel  was  run  or  the  shaft  was  down? 

Mr,  DeLONG.  I  understand  all  that,  and  I 
am  going  to  deal  in  facts.  Now  in  niue  cases 
out  of  ten,  men  engage  in  prospecting  not  so 
much  with  the  hope  or  expectation  of  being  so 
fortunate  as  to  discover  a  valuable  mine,  which 
will  make  their  fortunes  immediately,  as  with 
the  hope  of  establishing  the  fact  that  a  mine 
exists.  If  they  can  obtain  such  evidence  of  the 
existence  of  a  mine  as  to  cause  their  claim  to 
be  marketable,  or  valuable,  they  have  obtained 


what  they  sought,  and  immediately  their  stock 
goes  into  the  market.  They  sell  some  of  it, 
holding  on  to  the  rest,  and  that  is  the  way  the 
business  goes  on.  Now  if  you  tax  such  a  mine 
upon  its  market  value,  if  you  let  the  idea  go 
out  among  the  men  who  buy  and  sell  stocks  in 
these  "  wild-cat  "  claims — who  deal  in  the  thou- 
sands of  mining  claims  which  are  bolstered  up 
in  that  way,  by  men  who  are  willing  to  take 
their  chances — if  you  give  out  that  all  these 
mining  claims  in  the  market  have  got  to  pay 
taxes  according  to  their  market  value,  I  tell  you 
that  nine  out  of  ten  of  the  men  now  engaged 
in  the  business  will  quit  developing  the  mines. 
The  man  who  now  frequently  invests  a  few 
spare  dollars  in  "  wild-cat "  stocks,  will  quit 
dabbling  in  them. 

And  speaking  of  "  wild-cat  "  mines — why,  sir' 
every  mine  in  this  Territory  was  a  "  wild-cat ', 
in  the  outset.  The  Gould  &  Curry  was  a  "wild- 
cat ''  claim,  and  the  Ophir,  too.  It  is  only  by 
"  wild-cat  •'  that  the  country  has  been  devel- 
oped at  all.  Now  the  gentleman  from  Washoe 
(Mr.  Nourse)  tries  to  throw  a  sarcasm  upon  the 
argument  in  relation  to  the  non-productiveness 
of  the  mines.  He  asks,  if  they  do  not  produce 
anything,  how  is  the  country  to  become  great? 

Mr.  STURTEVANT.  Did  I  understand  the 
gentleman  from  Storey  to  say  that  the  Ophir 
mine  was  a  "  wild-cat  "  claim  ? 

Mr.  DeLONG.  The  Ophir  mine  was  in  the 
first  place  only  surface  diggings.  It  had  a  sur- 
face ledge,  and  when  it  was  first  discovered 
men  did  not  think  it  was  good  for  anything, 
and  therefore  it  was  "  wild-cat,"  That  was  the 
first  discovery  of  the  famous  Comstock  lead. 
Around  the  location,  on  the  immediate  surface, 
the  decomposed  rock  and  earth  had  got  mixed 
with  silver  and  gold.  They  found  at  length  a 
little  of  the  decomposed  quartz,  which  was 
rich  in  gold  and  silver,  and  that  was  the  begin- 
ning of  the  discovery  of  what  is  now  so  famous 
as  the  Comstock  lead. 

My  colleague  (Mr.  Tozer)  spoke  the  truth 
when  he  said  that  the  mines,  with  a  few 
exceptions,  did  not  pay.  The  gentieman  from 
Washoe  (Mr.  Nourse)  asks,  if  that  is  the  case, 
why  we  should  not  fence  the  mines  in,  and 
keep  men  out  of  them.  Had  the  gentleman 
lived  in  California  as  long  as  I  have. — had  he 
lived  in  a  mining  country,  and  learned  thehis^ 
tory  of  a  mining  community, — he  would  have 
learned  an  important  fact.  He  would  have 
learned  this  in  California  :  that  although  that 
State  has  had  the  richest  placer  mines  ever 
known  in  the  history  of  the  world,  yet  from 
her  earliest  history  down  to  the  present  day 
the  poorest  class  of  men  in  California  has  been 
the  miners.  Notwithstanding  the  fostering  care 
which  the  State  has  thrown  around  them,  by 
never  taxing  them,  and  by  allowing  them  the 
largest  liberty  of  making  their  own  rules 
and  regulations,  the  miners  of  California 
have  been  and  are  now  the  poorest  class  of 
men  within  the  borders  of  the  State.  And 
they  will  so  continue  to  be,'  as  long  as  Califor- 


376 


TAXATION. 


[10th  day. 


Thursday,] 


Johnson — DeLong. 


[July  14. 


nla  coQtinues  to  be  a  mining  country.  Not- 
withstanding, sir,  that  the  vast  wealth  acquired 
by  the  labors  of  the  miners  has  poured  in  a 
constant  stream  out  of  that  State,  to  enrich 
the  world,  a  stream  that  has  reached  and  glad- 
dened the  hearth-stone  of  perhaps  every  man 
in  tne  United  States  of  America,  to  a  greater 
or  less  extent,  and  has  expanded  beyond  our 
own  land,  spreading  a  rich  tribute  over  all  the 
fields  and  in  all  the  cities  of  Europe  ;  notwith- 
standing that  every  month  has  seen  one,  and 
often  two,  steamers  sailing  from  San  Francisco, 
from  the  year  1850  until  now  in  1864,  laden 
with  from  one  million  to  two  millions  of  dol- 
lars in  the  precious  metals,  the  results  of  the 
labors  of  this  class  of  men,  still  they  have 
themselves  remained  poor  men ;  while  the 
farmer,  the  manufacturer,  the  merchant,  and 
men  in  every  branch  of  trade  have  grown 
rich.  Other  men  are  now  living  in  their 
fine  houses  along  the  coasts,  on  the  banlis 
of  the  rivers,  and  in  the  valleys  of  that  State, 
while  the  miners  are  still  delving  and  toiling. 
That  is  the  history  of  every  mining  communi- 
ty, and  that  is  the  history  of  our  community 
here,  lilic  the  rest.  It  is  true  that  in  our  com- 
munity, individuals  have  made  rapid  fortunes 
by  investing  in  the  mines,  and  sailing  ;  but 
what  man  has  ever  made  his  fortune  by  buying 
and  retaining  mining  stoclis,  except  perhaps  in 
a  few  of  the  dividend-paying  mines?  But  the 
difficulty  is  in  the  cost  of  produfilag  results. 
Why,  sir.  the  Chollar  mine  has  talven  from  \ts 
share-holders,  from  its  organization  down  to  the 
present  time,  forty-eight  dollars  a  foot  in  as- 
sessments, and  what  has  become  of  the  money  ? 
The  gentleman  from  Wa-shoe  (Mr.  Nourse)  com- 
plains here  of  the  capitalists  of  San  Francisco, 
and  of  California,  and  the  capitalists  abroad, 
who  do  nothing,  he  says,  to  build  up  the  Ten'i- 
tory.  But  who  paid  that  forty-eight  dollars  a  foot 
to  develop  the  Chollar  mine  ?  The  share-holders 
are  principally  residents  of  California.  What 
has  become  of  that  money  of  theirs  ?  It  has 
been  paid  out  to  the  operatives  here.  It  has 
been  paid  to  the  farmer  for  the  products  he  has 
talien  to  the  city  of  Virginia,  to  feed  the  labor- 
ing men  worliing  in  the  Chollar  mine.  It  has 
been  paid  to  tlie  mill-owners  for  crushing 
quartz  ;  it  has  been  paid  to  the  teamster  for 
hauling  lumber  ;  it  has  been  paid  to  the  labor- 
ing-man and  the  mechanic  ;  it  has  been  paid 
for  improving  the  streets,  and  for  erecting 
buildings.  That  money  has  been  dispersed 
througliout  the  community,  and  although  the 
mine  has  never  paid  a  dollar,  and  has  cost  its 
owners  forty-eight  dollars  a  foot,  yet  it  has  en- 
riched and  gladdened  the  people  and  built  up 
the  community.  And  that  is  the  history  of 
nearly  every  non-paying  mine.  Notwithstand- 
ing that  they  are  non-paying,  and  a  heavy  bur- 
den to  their  owners,  yet  they  are  the  bafis  of 
the  prosperity  of  our  cities  and  the  wealth  of 
our  piople.  That  is  our  answer  to  the  complaint 
in  regard  to  foreign  capitalists. 
Now   these  gentlemea  in  their  arguments 


have  entirely  failed  to  meet  one  or  two  propo- 
sitions, which  were  expressed  in  a  plain  and 
sensible  manner  by  the  gentleman  from  Chur- 
chill (Mr.  Murdock.)  They  have  not  met  the 
proposition  advanced  by  me,  and  reiterated  by 
him,  that  a  mine  is  not  property  until  it  is  dis- 
covered, and  developed,  and  brought  into  exist- 
ence as  a  remunerative  mine.  The  gentleman 
who  was  last  on  the  floor,  (Mr.  Nourse,)  at- 
tempted to  perpetrate  some  wit  at  the  expense 
of  my  colleague  (Mr.  Chapin,)  because  of  his 
comparison  in  regard  to  whalemen,  Imt  I  insist 
that  that  comparison  is  a  correct  and,  true  one, 
and  that  it  places  this  matter  in  a  proper  light. 
When  the  whaler  leaves  tlie  dock,  there  is 
no  doubt  or  question  but  that  if  you  will,  you 
may  tax  the  rigging,  and  the  ship,  and  its 
entire  outfit,  and  the  owners  must  pay  it  ;  but 
if  you  were  to  impose  a  tax  upon  the  whaleman 
for  the  oil,  because  he  has  got  a  right  to  go  and 
catch  a  whale  if  he  can  find  it,  men  would  say 
your-action  was  stupid  and  foolish.  So  here 
a  man  starts  a  tunnel  or  a  sliaft,  hundreds  of 
feet  from  where  the  mine  is  supposed  to  be,  and 
he  is  willing  to  pay  a  tax  on  all  the  outfit  he 
has,  and  after  he  has  found  a  ledge  there,  if  he 
ever  can  find  it,  he  is  willing  to  pay  a  tax  on 
what  he  finds,  as  the  whaleman  is  willing  to  be 
taxed  after  he  lias  found  a  whale.  But  the 
whaleman  would  not  be  willing  to  be  taxed 
for  the  whales  which  he  may  not  find  in  the 
ocean,  and  the  miner  is  not  willing  to  be  taxed 
for  the  led^e  which  may  not  exist.  If  it  is 
there  he  will  find  it,  and  as  soon  as  he  can  find 
the  ledge,  and  take  the  precious  metals  from  it, 
he  is  willing  to  be  taxed  on  what  he  has  found. 
I  say  he  should  not  be  taxed  until  then,  any 
more  than  the  whale  and  the  oil  are  taxed  until 
the  whale  is  caught,  and  the  oil  introduced,  and 
made  property  among  men,  that  can  be  rend- 
ered available — that  can  be  seen  and  used. 
But  if  the  views  of  the  gentleman  from  Washoe, 
more  wise  than  all  the  rest  of  us,  are  correct, 
and  we  are  incorrect,  if  indeed  mines  are  prop- 
erty, then  I  say  the  gentleman  has  not  met  that 
proposition  laid  down  by  the  gentleman  from 
Churchill,  in  a  plain  but  unanswerable  manner, 
when  he  asks  if  they  are  property,  then  why 
should  we  employ  any  language  in  regard  to 
them,  in  this  fundamental  law,  more  than  to 
say  that  all  property,  both  real  aud  personal, 
shall  be  taxed  in  this  State. 

Mr.  JOHNSON.  Will  the  gentleman  permit 
me  to  make  a  suggestion  here,  as  it  embraces 
a  proposition  contained  in  my  amendment?  It 
is  simply  this,  that  this  species  of  property  is 
one  which  we  are  prohibited  from  taxing  by  the 
Enabling  Act.  We  are  prohibited  from  taxing 
it  as  property,  becau.se  the  fee  is  in  the  United 
States  ;  but  we  are  not  prohibited  if  we  pro- 
vide for  the  taxation  of  po.ssessory  rights. 

Mr.  DeLONG.  I  do  not  understandthe  En- 
abling Act  to  require  such  action.  That  Ena- 
bling Act,  if  it  permits  us  to  tax  the  mines  at 
all,  permits  us  to  tax  them  as  property,  and  not 
by  any  other  name.    We  are  prohibited  from 


10th  day.] 


TAXATION. 


377 


Thursday,] 


Johnson — DeLong— Mason. 


[July  14. 


taxing  the  Goverament  property,  that  is  all.  I 
Oq  the  other  hand,  if  you  are  prohibited  from 
taxing  the  lands  of  the  government  by  that 
Enabling  Act,  and  these  lands  still  remain  the 
lands  of  the  government,  how  could  any  lan- 
guage be  put  into  the  Constitution  by  which 
you  could  tax  it  in  another  way  ? 

Mr.  JOHNSON.  We  have  the  right  to  tax 
the  possessory  claim  of  the  individual. 

Mr.  DeLONG.  To  tax  the  possessory  claim 
of  the  individual?  Well,  I  think  I  have  heard 
the  eloquent  gentleman  from  Ormsby  (Mr. 
Johnson)  argue,  and  I  think  I  heard  it  argued, 
too,  by  the  gentleman  from  Washoe,  (Mr. 
Nourse,)  that  a  possessory  right  is  property.  If 
so,  it  is  covered  by  the  original  proposition,  in 
this  provision — that  all  property  shall  be  taxed. 

Mr.  JOHNSON.  No,  Sir.  The  Organict  Act 
says  that  all  property  of  the  government  shall 
be  exempt  from  taxation,  and  this  amendment 
is  to  avoid  the  legal  proposition  involved  in 
that  language,  and  to  render  certain  and  dis- 
tinct the  language  of  our  Constitution.  We 
say  that  the  possessory  right  or  claim  shall  be 
taxed,  and  we  say  that,  in  order  to  prevent  any 
cavil  as  to  what  we  mean. 

Mr.  DeLONG.  Is  a  possessory  claim  prop- 
erty ? 

Mr.  JOHNSON.  It  may  be  declared  so,  un- 
less there  be  something  inhibitory  to  prevent 
it.  The  Constitution  of  the  State,  or  the  law 
of  the  State,  for  certain  purposes,  may  declare 
the  possessory  claim  to  be  property — it  may  be 
so  declared  by  the  Legislature — but  if  the  ques- 
tion involves  a  construction  of  the  Enabling 
Act,  and  if  tlie  Enabling  Act  shall  be  con- 
strued as  inliibitiug  it.  unless  it  be  specified  in 
the  Constitution  itself  that  possessory  claims 
shall  be  property,  such  claims  cannot  be  taxed 
as  property.  We  therefore  propose  to  put 
sucli  words  into  oar  Constitutional  provision  as 
shall  define  what  we  mean  ;  that  the  right  of  the 
individual  to  the  property  of  the  United  States 
—the  possessory  claim,  or  the  right  to  hold  and 
use  such  property — shall  be  taxed. 

Mr.  MASON.  Does  the  Enabling  Act  inhibit 
the  people  of  the  State,  or  the  Legislature  of 
the  State,  from  taxing  its  own  people,  or  only 
from  taxing  the  United  States? 

Mr.  JOHNSON.  I  do  not  think  it  inhibits 
us  either  from  taxing  the  people  of  the  State, 
or  the  people  of  the  United  Slates,  which  is  the 
same  thing  ;  nor  that  it  inhibits  us  from  taxing 
the  property  held  by  them.  On  the  contrary. 
it  provides  that  all  property  shall  be  taxed 
equally.  And  as  to  persons,  we  propose  to 
authorize  the  Legislature  to  impose  a  personal, 
or  poll-tax  of  four  dollars  a  head. 

Mr.  MASON.  But  does  it  forbid  the  taxation 
of  the  property  of  the  United  States,  though  it 
may  be  held  as  property  by  the  people  of  the 
United  States  ? 

Mr.  JOHNSON.  I  take  the  position  that  we 
are  not  inhibited  from  taxing  the  property  of 
the  people  of  the  United  States,  but  the  prop- 
erty owned  by  the  United  States  cannot  be 


taxed — that  is,  the  property  of  the  United  States 
Government  in  the  Territory  of  Nevada.  The 
Enabling  Act  says  that  the  property  of  the  Uni- 
ted States — not  the  property  of  the  people  of  the 
United  States,  as  individuals,  but  the  property 
of  the  United  States — shall  not  be  taxed. 

Mr.  DeLONG.  The  gentleman's  explanation 
has  reduced  his  side  of  the  question  to  such  a 
clear  proposition  that  I  can  only  say,  to  me  it 
is  as  clear  as  mud. 

Mr.  JOHNSON.    No  doubt. 

Mr.  DeLONG.  He  starts  out  by  siying  that 
this  property,  known  as  mining  property,  which 
he  is  so  desirous  of  reaching,  is  property  be- 
longing to  the  United  States.  He  says  that 
the  Enabling  Act,  under  which  we  are  framing 
our  Constitution,  prohibits  us  from  taxing  any 
property  of  the  United  States  within  our  bor- 
ders. Then,  I  ask  him,  where  he  gets  the  right 
to  tax  this  property,  and  he  says — "  I  want  to 
tax  the  possessory  claim  to  the  property," 
Then  I  ask  him,  "  What  is  that  possessory 
cla'm  ?  Is  it  property  ?"  And  he  replies, 
"  Yes,  it  is."  Then  I  want  to  know,  when  the 
Constitution  says  all  property,  real  and  per- 
sonal, shall  be  taxed  equally,  why  that  does 
not  cover  the  whole  ground,  and  he  says  it 
does  not  cover  the  whole  ground.  That  is  a 
proposition  which  I  cannot  see  through. 

Mr.  JOHNSON.  Did  not  the  gentleman  ad- 
mit to-day,  that  according  to  this  Enabling 
Act,  under  the  proposition  offered  by  his  col- 
league. (Mr.  Tozer),  this  species  of  property 
could  not  be  taxed  ? 

Mr.  DeLONG.     Yes,  sir. 

Mr.  JOHNSON.    Very  well ;  that  is  enough. 

Mr.  DeLONG.  Then  my  explanation  comes 
in  that,  after  all,  you  cannot  tax  it  unlsss  it  is 
property.  Even  with  the  words  '•  possessory 
rights  "  included  you  cannot  tax  it. 

Mr.  JOHNSON.  Then  why  does  the  gentle- 
man object  to  the  use  of  those  words? 

Mr.  DeLONG.  I  object,  first,  because  that 
clause  being  in  the  Constituation  makes  it  ob- 
jectionable to  the  people,  who  do  not  all  view 
it  as  I  do  ;  and  secondly,  I  object  to  allowing 
the  Legislature,  proceeding  under  that  mining 
clause,  to  tax  that  property,  until  we  can  go 
and  have  our  views  passed  upon  by  the  judi- 
ciary, which  will  require  a  year  or  more,  and 
during  all  that  time  men,  both  here  and  abroad, 
would  be  discouraged  on  account  of  the  idea 
that  there  is  to  be  an  onerous  taxation  of  the 
mines.  That  would  bear  very  heavily  on  the 
top  of  the  heavy  assessmeus  which  are  made 
upon  the  shareholders.  Those  are  my  reasons. 
It  is  now  a  very  late  hour  in  the  evening,  and 
I  have  not  time  to  travel  over  the  whole 
ground,  but  I  do  insist  upon  this,  that  the 
mines  are  the  property  of  the  United  States 
Government  within  our  limits,  and  as  such  we 
have  no  right  to  tax  them,  because  the  Enabling 
Act  says  we  shall  not  tax  the  property  of  the 
United  States  within  our  limits.  Then  on  the 
other  hand,  if  the  gentleman  from  Ormsby 
asserts  that  a  mining  claim  is  property,  I  say 


378 


TAXATION. 


[10th  day. 


Thursday,] 


NouESE — DeLong — Beosnan. 


[July  14. 


that  the  language  already  used  covers  it,  and  it 
is  not  necessary  to  say  any  thing  more.  If  it 
is  not  property  then  you  have  no  right  to  tax 
it,  and  you  ought  not  to  put  the  clause  in. 
These  are  my  propositions,  and  I  insist  that 
they  arc  correct ;  and  I  insist  further  that  there 
is  no  good  or  valid  objection  in  the  world  to 
the  amendment  of  my  colleague  (Mr.  Tozer)  to 
strike  out  the  words  "  includhig  mines  and 
mining  property,"  except  on  this  hypothesis. 

My  friend  from  Churchill  (Mr.  Murdock) 
laid  down  a  proposition  which  I  think  is  unan- 
swerable, namely:  Why  in  the  world  should 
you  engraft  into  the  Constitution  a  require- 
ment which  within  twelve  months  time  every 
man  in  the  community  may  become  convinced 
is  unwise  ;  and  yet,  if  you  have  put  into  your 
fundamental  law,  you  cannot  alter  it  as  you 
could  a  mere  act  of  the  Legislature  ?  If  you 
put  such  a  requirement  in  here,  it  is  put  in  for 
all  time,  for  it  would  require  the  lapse  of  years, 
and  the  cooperation  of  successive  Legislatures, 
as  well  as  of  the  people,  to  amend  your  Con- 
stitution so  as  to  remove  the  provision,  if  it  be 
found  to  operate  badly.  The  gentleman  from 
Churchill  asks,  why  not  leave  this  matter  to 
the  next  Legislature,  that  Legislature  which 
is  to  assemble  under  this  Constitution,  and 
which  will  be  authorized  and  required  to  assess 
all  the  property  that  is  to  be  assessed  ?  Why 
are  you  not  willing  to  do  that  ?  The  only  an- 
swer is,  the  supposition  that  the  Legislature 
will  be  recreant  to  duty— that  it  will  not  do 
what  you  say  is  its  bounden  duty  to  do? 
Are  we  to  presume  that  those  who  come  here 
after  us,  to  frame  laws  under  the  Constitution 
we  are  now  making,  are  going  to  be  unwise  or 
dishonest  ?  If  so,  let  us  do  all  the  legislation 
that  is  necessary  to  be  done  in  this  Constitu- 
tion, and  then  we  need  not  have  any  Legisla- 
ture. But  if  we  have  faith  in  them,  it  we  think 
that  wisdom  will  not  die  out  with  us,  but  that 
others  will  live  hereafter  who  will  know  as 
much  as  we  do,  that  there  will  be  others  fit  to 
be  legislators,  possessing  as  much  wisdom  and 
as  much  honesty  as  we  possess,  let  us  leave 
them  power  to  do  something,  and  not  incor- 
porate it  all  into  our  Constitution,  and  thus  tie 
their  hands  together. 

Now  I  say  that  this  proposition  of  the  gen 
tleman  from  Churchill  has  not  been  answei-ed 
by  any  gentleman  on  this  "  cabbage-plat  "  side 
of  the  question.  They  insist  thai  we  must  put 
in  here  that  olijectionable  language,  so  as  to 
aim  a  direct  blow  at  the  mining  interest.  It 
looks  like  a  studied  insult  to  those  who  repre- 
sent that  interest  here.  They  do  not  say  that 
the  stock  of  the  merchant  shall  be  taxed,  or 
that  a  man's  house  shall  be  taxed,  or  that  a 
man's  farm  shall  be  taxed,  but  they  say  all  these 
are  included  in  the  term  property.  They  argue 
with  one  breath  that  the  mine  is  property,  and 
in  the  next  breath  tell  us  that  Ihe  words  •'  all 
property,  real  and  personal,"  do  not  include  a 
mine.  If  there  is  any  consistency  in  that 
I  fail  to  see  it.    It  is  either  property  or  it  is 


not  property.  If  it  is  not  property,  you  have 
not  a  right  to  tax  it ;  and  if  it  is  property,  then 
you  take  it  in  when  you  say  that  all  property, 
)oth  real  and  personal,  shall  be  taxed.  By  that 
anguage  you  get  all  the  property  in  the  State. 
For,  can  the  gentleman  from  Washoe  (Mr. 
Nourse)  tell  rac,  after  reading  all  the  learned 
commentators  who  have  ever  written  on  law, 
of  any  kind  of  property  which  is  not  real,  nor 
personal  ? 

Mr.  NOURSE.  I  will  tell  the  gentleman  a 
term  for  that  kind  of  property  which  is  neither 
real  nor  personal  ;  it  is  "  chattel-real." 

Mr.  DeLONG.  But  what  constitutes  a  chat- 
tel-real ?  Blackstone  includes  it  under  the  head 
of  real  property  ;  it  is  one  branch  of  real  prop- 
erty. You  may  have  a  mountain  of  granite, 
for  example,  and  that  is  real  estate;  but  anything 
less  than  absolute  ownership  of  that  may  be  a 
chattel-real.  If  it  is  only  a  contingent  interest 
in  that  mountain  of  granite 

Mr.  BROSNAN.  A  lease,  for  instance  ;  what 
would  you  call  that  ? 

Mr.  DkLONG.  Is  not  that  realty  ?  If  not, 
it  is  personalty,  because  all  property  is  of  two 
kinds,  real  or  personal,  and  the  plainest  desig- 
nation of  the  dividing  line  between  the  two 
kinds  is,  that  real  property  is  all  kinds  of  prop- 
erty which  in  its  nature  is  fixed  and  immovable. 
All  property  which  is  movable,  which  the  owner 
can  transport  with  him,  or  which  can  be  led  or 
driven  away,  is  personal  property.  The  divis- 
ion is  simply  between  that  which  is  movable 
and  that  which  is  immovable. 

Mr.  NOURSE.  There  is  the  term  for  years  ; 
is  that  moveable  property  ? 

Mr.  DeLONG.  It  is  immovable  property, 
and  therefore  real  property,  because  it  is  an 
interest  in  that  property  which  is  immovable. 
It  is  a  chattel-real,  but  that  is  only  one  branch 
of  real  property  ;  that  is  all  it  is.  Can  the  gen- 
tleman pretend  to  deny  that  ?  And  now  I  ask 
the  gentleman  this  question  :  Your  Constitution 
says  "  All  property,  both  real  and  personal, 
shall  be  taxed,  including  mines  and  mining 
property."  Now  if  that  does  not  include  all 
kinds  of  property,  why  do  you  not  also  say 
"  chattels  real  ?" 

Mr.  NOURSE.  I  did  not  frame  the  provision, 
and  I  support  the  proposition  of  the  gentleman 
from  Ormsby  (Mr.  Johnson,)  because  it  meets 
that  very  ditificulty.  It  provides  for  the  taxa- 
tion of  that  property,  which,  like  a  lease  for  a 
term  of  years,  is  neither  the  one  nor  the  other— 
neither  personalty  nor  realty^and  it  is  so  laid 
down  by  all  the  writers,  Blackstone  included. 
The  gentleman  from  Storey  (Mr.  DeLong)  lays 
much  stress  upon  the  word  "  real."  He  says 
tliat  is  real  property,  which  is  in  fact  neither 
real  property  nor  personal  property.  Suppose 
a  piece  of  land  to  which  I  have  the  right  of 
possession  for  a  term  of  yeai's,  under  a  lease, 
belongs  to  the  gentleman  from  Storey — that  is 
real  property  owned  by  him,  but  the  lease  for 
several  years  which  I  may  have  is  a  chattel- 
real.    Now  my  right  to  that  land  is  just  the 


lOth  day.] 


TAXATION. 


379 


Thursday,] 


DeLong — NOURSE. 


[July  14. 


same  as  the  right  of  possession  to  a  quartz 
ledge.  It  is  neither  real  property  nor  personal 
property.  It  is  not  personal  property,  because 
I  cannot  transport  it  with  me  ;  it  is  not  real 
property,  because  the  United  States  owns  the 
fee.  It  is  mixed  property  ;  it  is  a  chattel-real ; 
it  is  a  description  of  property  which  was  not 
described  in  the  old  Constitution,  and  I  want 
to  have  it  described  in  this  Constitution  which 
we  are  framing. 

Mr.  DeLONG.  Then  how  singular  it  is  that 
ev  ery  State  in  the  Union,  including  the  State  of 
California,  and  the  United  States  Government 
itself,  and  even  the  proposed  State  of  Nevada, 
according  to  the  Constitution  adopted  by  the 
Convention  of  last  year,  has  deemed  it  sufficient 
to  provide  that  "  all  property,  both  real  and  per- 
sonal," shall  be  taxed  !  How  strange  it  is  that 
the  State  governments  of  all  the  States  in  the 
Union  have  proceeded  through  years  past  to 
levy  a  tax,  and  to  collect  it,  upon  all  property, 
under  a  Constitutional  provision,  reciting  only 
that  all  property,  both  real  and  personal,  should 
be  taxed !  How  singular  it  is  that  men  who 
owned  these  interests,  which  the  gentleman 
calls  chattels  real,  have  submitted  to  be  taxed 
under  such  a  Constitutional  provision,  and  that 
the  framers  of  this  document,  which  constitutes 
the  basis  of  our  action,  should  have  thought 
they  could  reach,  with  the  terms  "  real  and 
personal  property,"  every  kind  and  description 
of  property,  except  the  mines,  and  then  put 
them  in  as  the  last  thing  that  could  be  thought 
of  or  guessed  at,  that  by  any  possible  means, 
or  by  any  conceivable  dodge,  could  escape 
taxation,  under  this  clause.  We  know  that 
other  States  have  had  the  same  kinds  of  prop- 
erty that  we  have.  We  know  they  have  the 
same  interests  in  California.  And  yet,  it  is  left 
for  us,  in  this  debate,  to  make  this  great  dis- 
covery. And  even  here,  until  this  evening  no 
man  has  raised  the  question  that  every  lease  is 
not  subject  to  taxation  as  real  estate.  Being 
an  interest  in  real  property  it  amounts  to  a 
realty.  I  do  not  propose  to  carry  the  argument 
fiirther  on  this  proposition.  It  is  evident  that 
the  only  idea  with  the  gentleman  who  intro- 
duced this  amendment,  and  certainly  the  only 
idea  advanced,  either  by  him  or  by  the  gentle- 
man from  Washoe — although  the  latter  gentle- 
man has  made  three  arguments  on  the  subject — 
the  only  reason  given  by  the  supporters  of  this 
amendment,  why  it  should  pass,  until  this  mo- 
ment, has  been  that  it  was  necessary  to  catch 
the  mines.  It  was  never  before  intimated  that 
in  this  country  there  existed  a  species  of  prop- 
erty called  "  chattels-real,"  which  such  a  Con- 
stitutional provision  would  not  reach.  It  is 
the  first  time  that  that  argument  has  been 
advanced  in  favor  of  the  passage  of  this  amend- 
ment. I  leave  the  Convention  to  judge  how 
much  strength  there  is  in  the  assumption  which 
the  gentleman  from  Washoe  makes,  in  order  to 
escape  from  the  ai-gument  of  the  gentleman 
from  Churchill — the  argument  that,  if  the  mines 
really  are   property,   then  if  we   sustain  the 


amendment  of  my  colleague  (Mr.  Tozer)  we 
take  that  property  in,  and  the  balance  of  the 
section  is  altogether  superfluous.  Now  that 
proposition  is  here,  and  cannot  be  escaped 
from.  But  if  the  gentleman  does  think  there 
is  some  species  of  property  known  as  chattels 
real,  or  some  species  of  property  known  as 
mixed  property,  which  is  property  partaking  of 
both  personalty  and  realty,  and  which  is  not 
reached  by  the  language  as  it  stands,  then  we 
will  be  willing  to  say,  after  striking  out  the 
words  "  mines  and  mining  property,"  that  you 
may  insert  "  chattels  real  and  mixed."  You 
shall  have  an  opportunity  to  cover  that  whole 
objection,  if  that  is  what  j'ou  are  trying  to  reach 
by  the  substitute  offered  by  the  gentleman 
from  Ormsby  (Mr.  Johnson).  I  will  even  con- 
sent to  have  it  read,  after  striking  out  "  mines 
and  mining  property,"  "  all  real,  personal  and 
mixed  property,  and  chattels  real,  shall  be  sub- 
ject to  taxation  ;"  and  if  that  covers  all  kinds 
of  property  you  have  got  the  mines  in,  if  they 
are  property,  without  the  further  amendment 
which  you  wish  to  make,  and  which  looks  to 
me  like  an  invidious  distinction,  and  an  insult 
to  the  people  Ave  represent  and  the  interests 
which  we  are  standing  here  to  defend. 

Now  the  gentleman  says  it  is  easy  enough 
for  us  to  protect  ourselves — that  if  the  State 
has  not  the  right  to  tax  the  mines  the  amend- 
ment will  do  no  harm,  because  we  can  go  to 
the  Supreme  Court  and  upset  the  whole  thing. 
That  is  all  very  fine,  of  course  ;  but  I  say  this, 
that  if  it  is  right  that  the  mines  should  be  taxed 
as  property,  then  unless  you  do  tax  them  you 
cannot  tax  any  other  propei'ty.  If  the  Legisla- 
ture acts  as  infamously  as  you  seem  to  think  it 
will,  then  if  the  mines  are  property,  and  you 
put  in  a  provision  here  that  all  property,  all 
mixed  property,  and  also  all  chattels-real,  shall 
be  subject  to  equal  appraisement  and  taxation — 
if  you  put  that  in,  and  the  Legislature  that 
meets  next  year  fails  to  do  its  duty,  and  does 
not  provide  that  mining  claims  shall  be  taxed, 
then  you  can  come  to  the  Supreme  Court  and 
say — "  May  it  please  the  Court,  my  client  is  a 
farmer  ;  the  Legislature  has  failed  to  do  its 
whole  duty  ;  it  has  taxed  my  client's  farm,  and 
let  the  mines  go  free."  And  the  Supreme 
Court  will  say  that  that  is  unconstitutional,  for 
they  must  find,  according  to  the  gentleman's 
argument,  that  the  mines  are  property,  and 
inasmuch  as  all  property  must  be  taxed  equally, 
therefore  the  mines  should  have  been  taxed,  as 
well  as  your  client's  farm. 

Mr.  NOURSE.  But  that  would  set  aside  the 
whole  tax  for  that  year.  In  that  way  you  com- 
pel us  to  set  aside  the  tax  levy  of  the  whole 
State,  for  an  entire  year,  for  the  purpose  of 
getting  this  question  settled;  whereas,  if  it  is 
left  for  you  to  bring  the  question  before  the 
Court,  the  only  effect  upon  you  is  to  relieve 
you  from  taxaJ;ion,  while  the  decision  would 
leave  the  balance  of  the  assessment  to  stand. 

Mr.  DeLONG.  I  beg  the  gentleman's  par- 
don ;  the  whole  assessment  must  stand  or  fall 


380 


TAXATION. 


[lOth  day 


Thursday,] 


Johnson — DeLong. 


[July  14. 


as  an  entirety,  before  the  Supreme  Court.  The 
whole  assossment  is  either  constitutional  or 
unc-onstitutional.  If  that  is  the  point  ursi-ed 
bei'ore  the  Supreme  Court,  and  it  is  decided 
unconstitutional,  for  any  reason,  then  the  whole 
assessment  for  the  whole  State  falls. 

.Air.  JOHNSON.    No,  no  ! 

Mr.  DeLONG.  Well,  sir,  I  think  so,  certainly. 
The  Legislature,  we  will  say,  have  passed  a 
Revenue  Act,  in  which  it  is  provided  that  all 
property  within  the  limits  of  the  State  of  Ne- 
vada shall  be  assessed  at  such  a  valuation,  and 
that  a  tax  of  so  much  per  cent,  shall  be  levied 
upon  it.  Then  they  say  that  among  the  prop- 
erty so  assessed,  upon  which  that  tax  shall  be 
levied,  shall  be  included  mines  and  mining 
property.  Very  well ;  the  Assessor  proceeds, 
in  pursuance  of  his  duty,  to  assess  the  mining 
claims ;  the  miner  refuses  to  pay  the  tax,  and 
commences  his  suit,  or  resists  the  collection  of 
the  tax  and  the  case  is  carried  up,  and  decided 
by  the  Supreme  Court.  Now  what  do  they  de- 
cide ?  They  decide  not  merely  that  the  miner 
cannot  be  taxed,  if  that  is  the  result  of  the 
litigation,  but  that  the  tax  itself  as  a  whole  is 
unconstitutional,  because  it  covers  what  you 
have  no  right  to  touch  and  could  not  tax —  1 
because  it  is  assessed  upon  that  which  is  not 
within  the  province  of  the  Legislature  to  assess. 
It  matters  not  who  takes  the  question  to  the 
Supreme  Court — whether  it  be  the  miner  or  the 
farmer.  If  the  law  is  allowed  to  stand  in  part, 
it  stands  as  a  whole  ;  or  if  it  is  made  to  fall  in 
part,  it  falls  as  a  whole.  The  decision  must 
operate  the  same,  and  it  makes  no  difference 
whether  the  farmer  or  the  miner  goes  to  the 
Supreme  Court,  for  in  either  event  the  result 
must  be  the  same.  It  does  not  destroy  the  effect 
of  the  law,  if  the  farmer  goes  to  the  Supreme 
Court  because  the  mines  ai'e  not  included,  any 
more  than  it  destroys  the  effect  of  the  law  if  the 
miner  goes  there  because  the  mines  are  included ; 
it  does  not  make  a  particle  of  difference.  I  in- 
sist that  the  decision,  if  the  farmer  should  take 
the  case  up,  would  be  quite  as  effectual  and 
binding  a  decision  as  if  the  miner  should  take 
it  up.  In  either  case  the  decision  would  go  to 
the  entirety  of  the  matter,  and  it  would  not 
stop  with  tiie  effect  of  the  law  on  the  particular 
property  in  question,  for  that  would  leave  a 
Revenue  Act  unjustly  taxing  other  species  of 
property,  and  it  would,  for  the  best  of  reasons 
in  the  world,  have  to  be  adjudged  void  as 
to  other  property.  Otherwise  it  would  leave 
property  to  be  taxed  witliout  discrimination, 
and  witliout  regard  to  the  amount  which  should 
be  levied  on  other  species  of  property,  such  as 
teams,  farms  and  houses  ;  and  the  Court  would 
be  bound  to  hold  the  whole  statute  to  be  either 
good  or  bad.  If  there  has  ever  been  any  other 
dc^cision  I  have  not  seen  nor  read  it,  and  I  do 
not  know  of  it,  although  I  may  be  in  error  in 
respect  to  that. 

I  say  at  all  events  that  it  is  improper  for  us 
to  name  one  species  of  property  particularly, 
and  thea  say  that  all  other  property  shall  be 


taxed.  It  is  just  as  improper  to  designate 
mines  and  mining  property  in  that  way,  as  it 
would  be  to  designate  farming  property  only. 
We  ought  to  say  that  all  property  shall  be 
taxed  alike,  and  when  we  have  said  that  then 
we  should  leave  it  to  the  Courts  to  determine 
what  is  property— not  only  what  is  the  property 
of  my  constituents,  but  also  what  is  the  prop- 
erty of  yours.  I  do  not  care  about  follow- 
ing all  the  make-weight  arguments  of  gentlemen 
who  have  come  up  here,  and  in  the  face  of 
figures  which  they  do  not  meet,  and  which  they 
cannot  dispute,  assert  that  we  are  asking  for  a 
State  Government  under  a  Constitution  by 
which  our  constituents  will  escape  taxation. 
The  gentlemen  from  Ormsby  (Mr.  Johnson) 
says  the  mining  community  now  fails  to  pay  its 
fair  share  of  the  expenses  ;  but  that  is  not  the 
case,  and  the  figures  show  that  the  mining  com- 
munity do(  s  pay  its  full  proportion.  Out  of 
twenty-five  millions  of  dollars  of  assessable 
property  in  this  Territory  the  miners  now  pay 
taxes  on  twenty-one  millions.  It  is  twenty-one 
millions  of  dollars  against  four  millions  of  dol- 
lars. We  only  ask  not  to  be  discriminated 
against  unjustly  or  unfairly. 

Mr.  JOHNSON.  The  difficulty  is  this  :  We 
do  not  say  that  you  do  not  pay  taxes  on  more 
property  than  we  do,  but  that  you  desire  to 
escape  payment  on  a  part  of  what  you  have. 
You  pay  on  more  property  than  we,  because 
you  have  more,  but  you  are  not  willing  to 
pay  on  all  you  possess,  whilst  you  insist  that  we 
must  pay  on  all  we  have.  Now  if  these  words 
in  my  amendment  do  not  cover  all  the  property 
we  own  or  hold,  then  I  suggest  that  you  sujiply 
the  words  that  will.  But  at  the  same  time  we 
ask  that  the  language  shall  be  so  framed  as 
to  embrace  all  the  properly  you  have,  whether 
it  be  twenty-five  millions  or  fifty  millions. 

Mr.  DeLONG.  All  the  gentleman  has  said 
does  not  affect  the  proposition.  We  are  not 
trying  to  avoid  any  tax  which  we  now  pay,  and 
we  are  now  paying  taxes  on  twenty-one  mill- 
ions, while  you  are  paying  only  on  four  millions. 
But  you  desire,  if  we  go  into  a  State  Govern- 
ment, to  increase  our  assessable  property  four- 
fold, while  yours  is  not  to  be  increased  at  all. 
You  say  to  the  community  which  pays  taxes 
upon  twenty-one  millions  of  dollars,  "  You 
trouble  the  government  more  than  we  do  for 
your  protection  ;  you  go  to  the  Courts  more  than 
we  do,  and  you  ought  to  increase  your  tax- 
ation." Our  reply  is,  that  we  do  not  go  into 
the  Courts  any  more  than  we  need  to  go  there, 
and  you  have  just  as  good  a  right  to  go  there 
as  we  have.  We  do  not  desire  to  go  into  Court 
if  we  can  get  along  without  it.  No  man  enjoys 
litigation  for  its  own  sake.  We  are  troubled  in 
regard  to  litigation  it  is  ti'ue,  but  we  are  not 
asking  for  a  State  Government  any  more  than 
you  are.  Who  petitions  Congress  for  it.  or  seeks 
for  it?  Is  it  the  mining  communities  that  are 
petitioning  Congress  ?  Have  they  ever  asked 
Congress  to  pass  an  Enabling  Act  for  the  form- 
ation of  a  State  Constitution?    No,  sir.    It  is 


10th  day.] 


TAXATION. 


381 


Thursday,] 


Gibson. — Fitch — Hawley — Stdrtevant — Johnson — DeLong. 


[July  14. 


the  Federal  Government  itself  which  proposes 
it.  Congress  of  its  own  accord  passed  that 
Enabling  Act,  and  said  to  the  people  of  this 
Territory,  "  "We  need  in  Congress  the  services 
of  your  representatives.  We  need  members  of 
Congress  from  other  free  States.  We  would 
like  to  set  before  the  civilized  world  an  exam- 
ple, and  a  lesson,  and  teach  the  nations  of  the 
earth  this  fact,  that  while  all  Europe  is  clamor- 
ing that  the  experiment  of  free  government  is  a 
a  failure — that  the  United  States  of  America, 
which  have  so  long  challenged  the  admiration 
of  the  world,  is  now  decaying  and  toppling  to 
ruin — we  are  able  to  show  them  that,  so  far 
from  going  down  to  ruin,  so  far  fi'om  approach- 
ing the  sunset  of  our  glory  and  greatness,  new 
States  are  actually  being  added  to  the  Union,  in 
the  very  midst  of  a  war  of  rebellion  more 
formidable  than  any  century  of  time  has  ever 
before  witnessed."  It  is  not  of  our  asking,  but 
it  is  at  the  call  of  the  government  that  we  meet 
you  here  as  equals.  We  say,  take  what  we  have 
got  and  tax  it,  under  the  same  classification  as 
you  tax  all  other  property,  and  we  are  willing 
to  assume  our  share  of  the  burdens,  and  step 
as  a  sister  star  into  the  constellation  of  the  na- 
tion's glory,  supporting  as  best  we  may  the 
honors  and  the  dignity  of  a  State.  That  is  our 
reply.  We  do  not  ask  you  to  pay  any  more 
than  we  pay.  We  speak  for  twenty-one  mill- 
ions of  property,  and  we  say  we  are  willing  to 
be  taxed  on  that — the  same  kind  of  property 
which  you  have.  We  ask  in  fairness  and  justice 
that  those  words  which  we  say  are  words  of 
pointed  insult  to  the  men  of  this  country  who 
own  in  the  mines,  shall  be  stricken  from  this 
fundamental  law,  and  the  whole  matter  left  to 
the  Legislature  which  is  to  be  elected  hereafter 
by  the  people. 

Mr.  GIBSON.  I  move  that  the  committee 
rise. 

Mr.  FITCH.  I  suppose  that  the  debate  on 
this  subject  is  nearly  exhausted.  I  think  we 
might  take  a  vote  now,  and  report  the  article 
back  to  the  Convention  in  Committee  of  the 
Whole.  If  it  is  left  as  an  open  question  for 
another  day,  it  may  consume  an  indefinite 
amount  of  time  in  further  discussion. 

Mr.  HAWLEY.  I  hope  the  gentleman  from 
Ormsby  will  withdraw  his  motion. 

Mr.  GIBSON.    Very  well,  sir,  I  withdraw  it. 

Mr.  STURTEVANT.  There  is  one  matter  to 
which  I  should  like  to  call  the  attention  of  the 
Convention. 

Mr.  JOHNSON.  I  will  suggest,  with  the  gen- 
tleman's permission,  that  if  the  vote  be  taken 
now  it  is  not  a  finality,  for  I  intend  to  have  the 
ayes  and  noes  on  my  amendment.  There  is  no 
necessity,  therefore,  for  taking  the  vote  to-night. 

Mr.  DeLONG.  I  agreed  to  send  word  to  my 
colleague,  (Mr.  Tozer,)  when  the  vote  was  to 
be  taken,  but  I  will  try  to  get  some  one  to  go 
for  him. 

Mr.  GIBSON.  He  has  my  colleague  (Mr. 
Kinkead)  with  him,  bo  that  it  would  be  a  tie 
anyhow. 


Mr.  JOHNSON.  There  is  nothing  to  be 
gained  by  taking  the  vote  at  this  late  hour. 

Mr.  GIBSON.  I  renew  my  motion  that  the 
committee  rise  and  report  progress. 

Mr.  FITCH.    No,  no !    Let  us  report  it  back. 

Several  Members.    "  Let  us  have  a  vote." 

The  question  was  taken  on  Mr.  Gibson's  mo- 
tion to  rise  and  report  progress,  and  it  was  not 
agreed  to. 

Mr.  STURTEVANT.  This  question,  Mr. 
Chairman,  is  not  by  any  means  a  new  question 
to  me.  It  is  something  which  I  have  been  hear- 
ing talked  about,  more  or  less,  the  last  four 
years,  or  nearly  that  length  of  time.  The  sub- 
ject has  been  torn  all  to  pieces  in  my  presence, 
many  and  many  a  time,  although  it  assumes,  at 
present,  a  little  difterent  aspect  from  any  in 
which  i  have  ever  before  seen  it,  in  conse- 
quence of  the  provisions  of  our  Enabling  Act. 
But  the  main  question,  by  all  appearances,  is 
about  the  same  thing.  Now  Congress  has,  by 
its  act,  enabled  us  to  form  a  State  Constitution, 
and  we  are  here  for  that  purpose.  So  far  as  I 
am  concerned,  I  am  here  in  part  to  represent 
the  people  of  Washoe  County.  I  am  in  no  wise 
afraid  but  what  1  can  speak  just  about  what 
they  mean.  In  the  first  place,  that  county  asks 
that  there  shall  be  a  State  Government,  pro- 
vided they  are  not  to  be  taxed  to  death  in  order 
to  support  it.  The  people  of  Washoe  County 
are  perfectly  willing,  if  the  mining  community 
is  willing  to  join  with  them,  to  answer  to  that 
appeal  from  the  General  Government,  which 
has  been  so  nobly  set  forth  by  the  gentleman 
fi-om  Storey  (Mr.  DeLong.)  But  if  the  mining 
community  are  not  willing  to  keep  their  end 
up.  I  do  not  think  the  people  of  Washoe  County 
are  willing  to  stand  the  whole  burden  them- 
selves, nor  even  to  stand  their  share  of  it,  if 
you  exempt  altogether  that  portion  of  our 
property  called  the  mines. 

There  has  been  a  tremendous  hob-bobble 
kicked  up  here  [laughter]  in  regard  to  what 
constitutes  a  mine.  Now,  sir,  we  have  some 
mines  in  Washoe  County — not  of  much  account, 
perhaps  ;  but  then  we  say  very  little  about 
them.  Now  we  also  have  confidence  in  the 
people,  and  we  think  they  can  pick  out  one  man 
among  them,  (at  least  they  can  in  Washoe,) 
with  brains  enough  to  judge  of  the  difference 
between  a  hole  in  the  ground  and  a  mine  ;  and 
I  am  satisfied  that  other  counties  have  equally 
as  elegant  men,  and  as  capable  of  judging  of 
thtit  difference.  I  do  not  assume  the  responsi- 
bility of  saying  whether  a  mine  is  property  or 
is  not.  Whether  it  is  or  not  is  a  legal  question, 
and  that  "lets  me  out."  [Laughter.]  I  am 
perfectly  willing  to  leave  that  to  the  legal  fra- 
ternity, though,  I  am  happy  to  say,  that  I  do 
not  hear  with  their  ears,  nor  see  with  their 
eyes.  Now  this  thing  of  a  mine  being  assessed 
ought  to  be  a  simple  matter.  It  is  not  to  be 
supposed  that  the  assessor  will  go  around 
among  the  mountains,  and  wherever  he  finds  a 
man  digging  a  hole,  decide  at  once  whether  it 
is  a  mine  or  not,  and  assess  it  accordingly.    He 


382 


TAXATION. 


[10th  day. 


Thursday,] 


Johnson — DeLono — Nourse — Warwick. 


[July  14. 


is  supposed,  in  order  to  come  to  some  definite 
conclusion,  to  have  evidence  of  the  facts,  and 
to  act  in  accordance  with  the  oath  of  oflBce 
which  he  takes. 

It  has  also  been  asserted  by  my  friend 
from  the  cow  county  of  Churchill,  (Mr.  Mur- 
dock,)  that  if  it  had  not  been  for  the  industry 
and  perseverance  of  the  prospectors,  probably 
there  would  never  have  been  any  mines  here 
at  all.  I  perfectly  agree  with  that  view  of  it, 
but  I  ask  who  they  were  who  first  discovered 
the  Ophir  mine  ?  The  first  mining  of  any  con- 
sequence was  at  Gold  Hill.  A  few  days  before 
that  discovery,  (perhaps  gentlemen  are  not 
aware  of  that  fact,)  I  happened  to  be  there — 
therefore  what  I  say  is  good  evidence.  [Laugh- 
ter.] The  notorious  Ophir  mine,  I  believe,  was 
first  found  by  Mr.  Comstock  and  Mr.  Manuel 
Penrod,  a  rancher.  Mr.  Penrod  has  owned 
also  quite  heavy  interests  in  different  mines  in 
the  Territory,  although  I  believe  that  gentle- 
man himself  nevertheless  favors  the  idea  of 
the  mines  helping  to  support  the  Government. 
Now  there  has  been  a  good  deal  said  here  also, 
very  erroneously,  I  believe,  about  these  "  cab- 
bage patches,"  and  the  rich  men  who  own  the 
"  cabbage  patches."  My  own  experience  and 
observation  is,  that  what  little  they  do  make, 
when  they  make  anything  by  their  cabbages, 
they  lay  out  in  the  mines,  and  notwithstanding 
that,  they  are  willing  to  be  taxed  on  their  min- 
ing property  as  well  as  on  their  cabbage  prop- 
erty. I  think  I  am  safe  in  saying,  too,  that 
there  are  just  as  heavy  owners  of  mines  in 
Washoe  County  as  there  are  in  Storey  County, 
and  I  do  not  know  but  more  so  ;  and  I  am  pleased 
to  say  that  they  are  all  perfectly  willing  to  pay 
taxes  on  their  property.  There  is  one  question 
here — I  refer  to  this  idea  of  sustaining  the  Gen- 
eral Government — which  has  been  veiy  ably 
and  eloquently  presented.  Gentlemen  have 
sifted  the  whole  thing  down  to  a  patriotic  idea, 
but  I  am  sorry  to  say  that  they  are,  in  my 
opinion,  less  patriotic  in  the  way  of  helping  to 
support  a  State  Government  than  they  should  be. 

Now,  in  my  opinion,  this  whole  question 
stands  precisely  like  this  :  If  you  are  willing 
to  have  a  State  Government,  it  is  all  right,  pro- 
vided you  will  come  and  help  us  to  sustain  it ; 
if  you  are  not  willing  to  do  that,  by  the  way  of 
allowing  the  mines  to  be  taxed,  just  say  so,  and 
engraft  it  here  into  this  article,  and  that  efi'ectu- 
ally  kills  the  instrument.     That  is  my  idea  of  it. 

Mr.  JOHNSON.  I  suppose,  in  conformity 
with  the  rules,  the  first  vote  will  be  on  the 
amendment  of  the  gentleman  from  Storey,  (Mr. 
Tozer.)  I  will  make  the  point  of  order  that 
this  is  the  first  question. 

Mr.  DkLONG.  I  imderstand  the  ruling  of 
the  Chair  to  be,  that  a  motion  to  aniend  takes 
preference  of  a  motion  to  strike  out. 

Mr.  NOURSE.  That  is,  when  it  is  a  motion 
to  strike  out  the  whole  section. 

Mr.  DkLONG.  The  motion  to  strike  out  is 
subordinate  to  a  motion  to  perfect  the  language 
to  be  stricken  out.    I  submit  that  a  motion  to 


strike  out,  and  add,  is  perfecting  the  section, 
while  a  motion  to  strike  out,  and  not  to  add,  is 
not  to  perfect  but  to  destroy  it.  Therefore  the 
question  comes  first  on  the  motion  of  the  gen- 
tleman from  Ormsby. 

Mr.  NOURSE.  The  gentleman  from  Storey, 
(Mr.  DeLong,)  is  more  nearly  correct  than  is 
usual  for  him.  The  amendment  of  the  gentle- 
man from  Storey,  (Mr.  Tozer,)  is  a  motion  to 
strike  out  only  two  or  three  words.  The  gen- 
tleman would  be  exactly  correct  if  the  motion 
had  been  to  strike  out  the  whole  paragraph. 

Mr.  DeLONG.  If  I  am  not  mistaken,  the 
question  has  been  stated  a  dozen  times  to-day 
on  the  amendment  of  the  gentlemen  from 
Ormsby.  The  first  question  was  on  the  amend- 
ment of  my  colleague,  and  upon  that  the  gen- 
tleman from  Ormsby  moved  to  amend  by 
substituting  his  amendment. 

Mr.  WARWICK.  When  I  took  the  floor,  my 
attention  was  called  distinctly  to  the  fact  that 
the  question  before  the  House  was  on  the 
amendment  of  the  gentleman  from  Ormsby, 
and  I  spoke  to  that  question.  So  did  the  gen- 
tleman from  Washoe,  (Mr.  Nourse,)  and  every 
other  member,  from  the  moment  I  entered  the 
Convention  up  to  this  time,  has  been  specially 
addressing  himself  to  the  amendment  of  the 
gentleman  from  Ormsby. 

Mr.  JOHNSON.  I  am  indifferent  as  to  which 
amendment  is  to  be  first  determined,  but  to 
preserve  that  uniformity  of  proceeding  which 
has  characterized  this  Convention  hitherto,  I 
think  the  point  of  order  should  be  held  to  be 
well  taken.  It  matters  not  to  what  the  remarks 
of  gentlemen  have  been  addressed  ;  I  do  not 
thiidv  that  can  weigh  aught,  for  the  tlcbate  has 
taken  a  very  wide  range,  as  is  allowable  in 
Committee  of  the  Whole,  where  gentlemen  are 
expected  and  permitted  to  address  themselves 
to  the  whole  subject  matter,  with  a  wider  lati- 
tude than  is  desirable  in  the  Convention  proper. 
I  need  go  no  further  than  the  speech  of  the 
gentleman  from  Storey  (Mr.  DeLong,)  himself, 
to  show  that  the  debate  has  had  as  much  to  do 
with  the  amendment  of  the  gentleman  from 
Storey  (Mr.  Tozer)  as  it  has  with  mine.  But 
that  has  nothing  to  do  with  the  question.  It  is 
one  merely  of  parliamentary  usage,  under  our 
rules,  and  I  repeat  that  the  position  I  take  now 
is  in  conformity  with  the  previous  ruling  of  the 
Chair.  The  vote  should  be  first  taken  on  the 
amendment  of  the  gentleman  from  Storey,  as 
that  proposed  to  strike  out  but  a  part  of  the 
section. 

The  CHAIRMAN.  The  former  ruling  has 
been  that  when  a  motion  was  made  to  strike 
out,  the  Convention  had  a  right  to  perfect  the 
language  before  taking  the  vote  on  striking  it 
out. 

Mr.  JOHNSON.  Suppose  my  amendment 
prevails,  how  stands  the  amendment  of  the 
gentleman  from  Storey  ?  There  is  no  language 
left  to  strike  out,  as  he  proposes  to  strike  out, 
and  his  amendment  falls  of  itself.  There  can 
be  no  vote  upon  it. 


11  til  day.] 


TAXATION. 


383 


Friday,] 


DeLoxg— Warwick— Fitch— NouESE— Banks— Dunne. 


[July  15. 


Mr.  DeLONGt.  None  would  be  necessary. 
The  action  of  the  Convention  does  away  with 
his  motion.  That  is  always  the  effect  of  a 
substitute. 

The  CHAIRM.IN.  The  Chair  will  hold,  ac- 
cording to  the  former  ruling,  that  the  vote  must 
first  be  taken  on  the  amendment  of  the  gentle- 
man from  Storey  (Mr.  Tozer).  The  Chair  now 
so  decides,  adhering  strictly  to  the  former 
ruling  of  the  Chair. 

Mr.  DeLONG.  I  appeal  from  the  decision  of 
the  Chair,  and  I  will  state  as  the  ground  of  my 
appeal,  that  an  amendment  to  an  amendment 
must  be  put  first. 

Mv.  WARWICK.  Suppose  both  an  amend- 
ment and  a  substitute  were  offered,  would  the 
Chair  still  entertain  a  motion  to  amend  ?  It  has 
been  repeatedly  ruled  in  this  Convention  that 
there  can  be  only  an  amendment  to  an  amend- 
ment. I  think  the  question  must  be  put  on  the 
amendment  to  the  amendment  before  you  can 
put  it  on  the  amendment. 

The  question  was  taken.  Shall  the  decision 
of  the  Chair  stand  as  the  judgment  of  the  com- 
mittee? Upon  a  division,  the  vote  was — ayes, 
13  ;  noes,  14.  So  the  decision  of  the  Chair  was 
not  sustained. 

The  question  was  taken  on  the  adoption  of 
the  amendment  proposed  by  Mr.  Johnson,  and 
upon  a  division  the  vote  was — ayes,  11  ;  noes, 
18.     So  the  amendment  was  not  agreed  to. 

The  question  was  next  taken  on  the  amend- 
ment offered  by  Mr.  Tozer,  to  strike  out  the 
words  '•  including  mines  and  mining  property," 
,  and  upon  a  division  the  vote  was — ayes,  17  ; 
noes,  10.     So  the  amendment  was  agreed  to. 

Mr.  FITCH.  I  move  that  the  committee  rise, 
report  the  article  back  to  the  house  as  amended, 
and  recommend  its  passage. 

Mr.  NOURSE.  I  have  an  amendment  which 
I  should  like  an  opportunity  to  offer,  and  I 
hope  the  gentleman  will  withdraw  his  motion. 

Mr.  FITCH.  I  shall  not  withdraw  it,  because 
the  gentleman  can  offer  his  amendment  in  the 
Convention,  by  way  of  special  instructions. 

The  question  was  taken  on  Mr.  Fitch's  motion 
that  the  committee  rise  and  report,  and  it  was 
agreed  to. 

IX   CONVENTIOX. 

[The  President  having  resumed  the  Chair,] 

The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Article  X,  had  made  an  amendment  thereto, 
and  had  instructed  him  to  report  the  same  to 
the  Convention  and  ask  the  concurrence  of  the 
the  Convention  in  the  amendment. 

Mr.  NOURSE.  I  move  that  the  Convention 
now  adjourn. 

Mr.  DeLONG.  I  hope  we  shall  first  agree  to 
adopt  the  report  of  the  committee. 

Mr.  BANKS.     Oh,  I  hope  not,  now. 

The  question  was  taken  on  Mr.  Nourse's  mo- 
tion, and  upon  a  division,  it  was  agreed  to — 
ayes,  17  ;  noes,  not  counted. 

Accordingly,  at  11  eleven  o'clock,  P.  M.,  the 
Convention  adjourned. 


ELEVENTH  DAY. 

Carson,  July  15,  1864. 

The  Convention  met  at  nine  o'clock,  A.  M., 
and  was  called  to  order  by  the  President. 

The  roll  was  called,  and  all  the  members  re- 
sponded except  the  following  :  Messrs.  Ball, 
Crawford,  Frizell,  Haines,  Jones,  Morse,  Parker, 
Proctor,  Tagliabue,  Wellington,  and  Williams. 
Present,  28;  absent,  11. 

Prayer  was  offered  by  the  Rev.  Mr.  RILEY. 

The  journal  of  yesterday  was  read  and  ap- 
proved. 

QUESTION   OF   PRIVILEGE. 

Mr.  DUNNE.  I  rise  to  another  question  of 
privilege.  I  regret  very  much  to  do  so,  or  to 
intrude  these  questions  upon  the  Convention, 
and  I  would  not,  were  it  not  that  I  wish  to  pre- 
serve my  consistency,  at  least  upon  the  main 
point  which  I  have  at  heart.  It  is  only  for  that 
reason  that  I  beg  to  be  allowed  again  to  call 
this  question  up.  Yesterday  morning  I  desired 
to  explain  myself  in  regard  to  a  report  made  in 
one  of  the  newspapers,  and  the  position  I  held 
in  regard  to  the  effect  on  the  Constitution  and 
its  adoption  which  that  report  would  be  likely 
to  have,  if  it  were  allowed  to  stand  uncorrected. 
I  stated  that  the  effect  of  that  report  would  be 
prejudicial  to  the  Union  party,  as  it  would  show 
that  action  had  been  taken  by  the  members  of 
the  Union  party  tending  to  proscribe  those  who 
were  opposed  to  them  in  political  laith;  and 
incidentally  I  called  the  attention  of  the  friends 
of  the  Constitution  to  the  fact  that  such  a  report 
would  also  interfere  with  the  adoption  of  the 
Constitution.  I  said  that  while  I  was  opposed 
to_  the  adoption  of  the  Constitution,  1  did  not 
wish  to  aid  in  defeating  it  by  unfair  means ; 
but  I  did  not  take  the  position,  and  I  do  not 
wish  it  to  go  before  the  people  of  my  county, 
that  I  have  weakened  on  the  proposition  I 
started  in  on.  I  do  not  wish  it  to  go  before 
the  people  of  my  county  that  I  am  afraid  that 
a  certain  influence  will  be  used  to  defeat  the 
Constitution,  when  I  say  only  that  I  am  unwill- 
ing to  defeat  it  by  unfair  means.  I  did  not 
wish  to  make  that  correction  in  order  that  the 
Constitution  might  have  a  better  chance  of 
adoption,  but  I  wished  to  make  it  simply  that 
the  action  of  the  Union  party  might  be  i^roper- 
ly  represented,  and  that  capital  should  not  be 
made,  out  of  a  misrepresentation,  against  the 
Union  party.  And  as  to  the  defeat  of  the  Con- 
stitution, I  simply  said  I  did  not  wish  to  have 
any  unfair  argument  used  against  it,  nor  any 
unfair  influence  exerted.  I  never  did  gain  any- 
thing yet  by  attempting  to  correct  a  newspaper 
report,  and  my  experience  has  been  such  that  I 
think  I  will  never  interfere  with  the  reporters 
again,  unless  it  is  a  case  of  life  and  death. 


The  PRESIDENT  stated  the  question  before 
the  Convention  to  be  the  Article  on  Taxation, 
with  the  amendment,  rejiortcd  from  the  Com- 
mittee of  the  Whole. 


384 


TAXATION. 


[11th  day. 


Fri(ia}%] 


NOURSE — DeLoNG — CrOSMAN — TO^ER— FiTCII. 


[July  15. 


Mr.  NOUKSE.  I  do  not  know  that  it  is  in  or- 
der, but  1  sliould  like  to  have  this  matter,  which 
we  discussed  so  fully  last  night,  passed  liy  for 
another  dav.  There  is  enough  other  work  to 
keep  us  busv  until  we  have  time  to  consult  to- 
gether a  Utile,  and  see  if  we  cannot  get  it  into 
a  shape  that  it  will  not  create  a  division  in  the 
Convention.  Let  the  asperities  of  feeling  cre- 
ated by  debate  pass  away,  and  the  members 
have  time  to  think  about  it  and  talk  it  over.  If 
it  is  in  order,  I  move  that  the  consideration  of 
the  report  be  postponed  till  to-morrow. 

Mr.  DeLONG.  i  hope  the  gentlemen  will 
permit  the  report  as  made  to  be  adopted,  and 
then  let  it  go  on  file.  Then  any  amendment 
will  after  that  be  in  order.  I  want  to  test  the 
sense  of  the  Convention  on  adopting  the  re- 
port ;  it  may  be  that  after  striking  out  those 
words  it  will  not  be  adopted.  I  think  we  had 
better  adopt  the  report  and  place  the  article  on 
file,  subject  to  such  other  amendments,  under 
instructions,  as  gentlemen  may  see  fit  to  offer 
hereafter. 

Mr.  CROSMAN.  I  am  not  in  favor  at  this  time 
of  adopting  the  report,  therefore  I  shall  move 
to  recommit  it  to  the  Committee  of  the  Whole. 

The  PRESIDENT.  If  there  be  any  amend- 
ments they  can  be  considered  when  the  question 
of  the  report  of  the  Committee  is  considered  ; 
that  is.  uuless  the  Convention  determine  other- 
wise. The  (piestion  now  before  the  Convention 
is  on  the  motion  of  the  gentleman  from  Washoe, 
which  is  in  effect  to  make  the  article  a  special 
order  lor  to-morrow. 

Mr.  NOURSE.  I  will  move  that  it  be  made 
the  special  order  for  ten  o'clock  to-morrow 
morning. 

Mr.  CROSMAN.  I  have  no  particular  ob- 
jection to  its  taking  that  course,  but  I  would 
ask  for  information,  what  would  be  the  etfect 
of  the  adoption  of  the  report  of  the  Committee  ? 

The  RRESIDENT.  If  the  report  is  adopted 
there  can  be  no  further  action  except  upon  re- 
commitment with  instructions,  but  pending  the 
adoi)ti(jn  of  the  report,  amendments  would  be 
in  order. 

Mr.  CROSMAN.  How  large  a  vote  would  it 
require,  after  the  adoption  of  the  report,  to 
throw  it  back  into  the  Committee  of  the  Whole? 

The  PRESIDENT.     Onlv  a  majority. 

Mr.  DkLOXC.  If  it  be'  the  pleasure  of  the 
Convention  to  nuike  this  matter  a  special  order 
for  a  future  day,  I  trust  the  injustice  will  not  be 
done  my  county  of  making  that  day  to-morrow, 
when  so  many  of  our  delegation  have  got  to 
leave  and  go  home.  If  we  are  going  to  make 
it  a  special  order  at  all  1  hope  we  sluiU  set  it 
for  Monday  at  two  o'clock,  when  perhaps  the 
Couvcntidu  will  be  full.  I  will  nuive  as  an 
amendment  to  make  it  the  special  order  for 
Monday  at  two  o'clock,  1*.  M. 

Mr.  CROSMAN.  I  will  second  the  amend- 
ment. 

The  PRESIDENT.  My  desire  is  that  the 
greatest  niimVjer  of  members  possible  shall  be 
present  when  the  subject  is  acted  upon. 


Mr.  TOZER.  I  do  not  know  as  the  Convention 
will  be  any  better  prepared  to-morrow,  or  at 
any  other  time,  to  take  action  than  it  is  at  pres- 
ent. Certainly  we  have  devoted  a  large  portion 
of  our  time  to  this  discussion.  The  whole  of 
yesterday,  to  say  nothing  of  the  previous  occa- 
sion when  it  was  taken  up,  was  devoted  to  a 
full,  fair,  and  thorough  consideration  of  the 
question,  and  I  really  hope  that  the  action  of 
the  Convention  this  morning  will  not  be  such 
as  to  throw  us  on  the  back  track,  so  that  we 
shall  have  to  go  over  the  whole  work  again. 
I  think  we  had  better  adopt  the  report  of  the 
Committee  at  this  time,  and  then  let  it  come  up 
on  the  file,  like  other  business. 

Mr.  FITCH.  I  concur  with  the  view  of  my 
colleague  (Mr.  Tozer).  I  hope  that  we  shall 
take  this  matter  up,  and  finish  it  now,  one  way 
or  another.  We  have  spent  a  day  and  a  half 
in  the  debate,  and  have  pretty  much  exhausted 
the  subject,  and  now  if  we  postpone  the  ques- 
tion we  shall  have  all  that  to  go  over  again. 

Mr.  NOURSE.  There  is  one  argument  I  sup- 
pose in  favor  of  taking  it  up  at  once,  and  that 
is,  that  so  far  as  relates  to  some  of  the  mem- 
bers, perhaps  it  is  known  how  they  are  now,  but 
we  do  not  know  how  it  will  be  with  them  to- 
morrow, judging  from  former  developments. 
The  reason  why  it  seems  to  me  desirable  that  a 
little  time  should  be  taken  to  look  over  the 
matter,  and  consult  about  it,  is  that  it  is  cer- 
tainly a  matter  on  which  no  little  feeling  has 
been  developed  by  the  discussion.  I  do  not 
myself  desire,  and  I  presume  no  one  here  does 
desire,  to  gain  a  mere  triumph.  I  suppose  what 
we  all  want  is  to  make  a  Constitution  which 
shall  be  just  in  itself,  and  at  the  same  time  not 
containing  within  itself  any  elements  of  weak- 
ness. We  desire,  if  possible,  to  avoid  creating 
prejudice  against  any  of  the  provisions  which 
we  have  been  discussing.  In  the  course  of  our 
discussion — and  it  has  certainly  been  a  heated 
discussion — members  may  have  been  led  into 
undue  earnestness,  and  may  have  manifested 
perhaps  some  pride  of  opinion  ;  and  it  would 
be  better,  I  think,  to  take  a  little  time  to  talk  it 
over,  and  try  to  get  a  general  understanding, 
so  as  to  meet  if  possible  on  a  common  ground. 

Mr.  DeLONG.  I  desire  to  accomplish  the 
same  end  as  the  gentleman  from  Washoe  does, 
but  I  think  we  had  better  adopt  the  report  of 
the  committee  now.  We  can  afterwards,  if  de- 
sired, make  any  further  admendments,  either 
by  striking  out  or  inserting. 

Mr.  NOURSE.  I  expect  that  those  words, 
"  including  mines  and  mining  property,"  will  be 
stricken  out,  and  I  do  not  wish  to  retain  them 
at  all,  but  I  do  not  want  the  section  left  as  it 
would  then  stand.  I  do  not  desire  to  adopt 
any  language  which  will  be  oft'ensive,  by  al- 
luding to  a  special  class  of  property  by  name, 
but  at  the  same  time  I  do  not  want  to  leave  the 
language  in  such  a  way  that  it  will  not  cover 
that  class  of  property.  As  to  this  postpone- 
ment, I  have  not  much  legislative  experience, 
and  I  am  disposed  to  fear  the  Greeks  bringing 


nth  day.] 


TAXATION. 


385 


Friday,] 


DeLoxg— Fitch— Bakks—Chapin—Nourse — Collins— J  ohxsox. 


[July  15. 


gifts.  But  if  it  is  proposed  merely  to  let  it  go  ] 
on  file  to-day,  and  take  no  further  action,  I  have  j 
no  objection.  I 

Mr.  DeLONG.  That  is  my  understanding, 
and  it  is  what  I  am  willing  to  agree  to,  so  far  as  j 
I  am  concerned.  j 

Mr.  FITCH.  In  view  of  the  fact  that  if  we 
postpone  the  question  for  a  day  or  two  it  may 
be  possible  for  gentlemen  of  a  high  order  of 
ability  to  advance  arguments  which  will  induce 
men  to  change  their  minds  about  it.  possibly  j 
it  may  be  well  to  lay  the  matter  over  ;  but  I. ! 
for  one.  however,  confess  that  I  do  not  really  I 
think  that  kind  of  ability  exists  here  to  a  great 
extent. 

Mr.  BA^KS.     I  recognize  the  propriety  of 
some  little  delay  in  this  matter  :  but  I  think  the 
time  proposed  is  too  long,  and  I  therefore  move 
that  it  be  postponed  until  two  o'clock  to-day.  | 
That  gives  all  the  time  requisite,  if  members ! 
only  desire  the  time   to  confer  together,  and ' 
think  the  Jiiatter  over.   I  do  not  like  the  section 
as  it  is  now,  and  therefore  I  do  not  wish  to  vote 
to  adopt  the  report  of  the  committee.     If  we 
put  it  over  till  two  o'clock,  with  the  amend- 
nient.s  still  pending,  we  shall  have  all  the  oppor- 
tunity to  amend  that  is  necessary,  and    will  i 
avoid  the  seeming  inconsistency  of  adopting  a  t 
thing  which  we  do  not  fully  approve.  j 

Mr.  CH  APIN.  My  friend  from  Humboldt  has  \ 
spoken  nearly  the  words  I  was  going  to  utter 
myself.  "We  worked  until  a  very  late  hour  last 
night,  and  most  of  us  did  not  rise  early  this 
morning,  and  hence  we  have  had  little  oppor- 
tunity for  consultation.  The  recess  at  noon  to-  j 
day  will  give  us  an  opportunity  for  that.  Let  1 
us  defer  the  matter  till  the  afternoon,  and  li 
think  we  can  then  come  to  a  vote,  and  without 
any  more  long  speeches,  I  trust ;  while  if  we 
defer  it  to  a  later  period  we  run  a  great  hazard  j 
on  that  score.  Let  us  take  it  up  this  afternoon 
and  dispose  of  it.  I  think  we  all  want  it  agreed  j 
upon,  and  fixed,  in  such  a  manner  as  to  be  just 
as  satisfactory  to  all  as  it  is  possible  to  nuike  it. 
I  confess  that  I  would  like  to  see  some  amend- 
ments, but  I  think  we  can  come  to  an  agree- 
ment that  will  be  quite  satisfactory,  if  we  post- 
pone it  till  this  afternoon. 

Mr.  NOURSE.    I  will  agree  to  that. 

Mr.  COLLINS.  For  one  I  am  anxious  to  see 
this  question  brought  to  a  final  decision, 
as  soon  as  is  consistent  with  its  full  examina- 
tion and  understanding  by  the  members  of  the 
Convention,  but  the  importance  of  the  subject 
I  think  is  such  that  we  should  not  be  deterred 
from  its  full  investigation  by  any  intimations  in 
regard  to  either  long  or  short  speeches.  The 
gentleman  from  Washoe  (Mr.  Nourse)  has  inti- 
mated that  much  feeling  exists  on  the  subject. 
I  do  not  see  why  there  should  be  much  feeling. 
I  certainly  should  be  a  very  unreasonable  be- 
ing if  I  insisted  on  this  Convention  adopting 
precisely  my  views,  and  1  think  that  any  man 
must  be  a  very  inconsistent  and  a  very  unfair 
and  unjust  man,  who  should  expect  that  this 
Convention  is  to  adopt  his  peculiar  views  en- 


tirely. Here  we  are  with  a  diversity  of  senti- 
ment and  o]3inion,  and  the  only  way  we  can 
possibly  arrive  at  anything  like  a  fair  under- 
standing and  a  just  conclusion,  is  to  pour  into 
the  common  treasury  of  thought  our  several 
views  and  opinions,  and  then  we  shall  have  the 
basis  of  a  just  compromise.  I  have  my  own 
especial  views,  but  I  do  not  feel  disposed  to  in- 
sist that  this  Convention  shall  adopt  them;  and 
let  the  Convention  adopt  whatever  views  it  may, 
it  will  not  lessen  my  earnestness  for  the  organ- 
ization of  a  State  Government. 

Our  minds  are  now  fresh  with  the  arguments 
which  have  just  been  urged  on  every  side— for 
this  is  more  than  a  two-sided  question  ;  it  is 
more  than  a  triangular  question,  for  there  are 
four  or  five,  and  possibly  six  difierent  sets  of 
opinions.  The  questions  discussed  are  familiar 
to  all  of  us,  and  at  what  time  shall  we  be  better 
prepared  to  act  upon  them  than  now  ?  When  I 
say  "  now,"  however,  I  mean  at  some  time  to- 
day. I  second  most  heartily  the  views  of  the 
gentleman  from  Humboldt  (Mr.  Banks,)  and  I 
second  his  motion  that  the  subject  be  postponed 
until  this  afternoon  at  two  o'clock,  in  order  that 
we  may  then  have  a  final  disposition  of  the 
question,  before  it  goes  on  the  general  file,  I 
do  hope  that  gentlemen  will  not  entertain  any 
strong  feelings  here,  as  though  they  thought 
that  the  interests  of  their  constituents  were 
going  to  be  sacrificed  if  any  particular  views 
shall  be  adopted  or  rejected. 

Mr.  DeLONG.  Whether  we  make  it  two 
o'clock  to-day,  or  any  other  time,  the  question 
first  will  be  on  concurring  in  the  report  of  the 
committee.  Let  us  do  that  now,  and  then  make 
it  the  special  order  for  any  time  you  ])lease 
hereafter.  Then  any  new  proposition  which 
gentlemen  choose  to  make  can  be  discussed. 
But  why  are  not  we  as  ready  as  we  can  be  ? 
Why  are  not  we  prepared  now  ? 

Mr.  COLLINS.  I  am  not  prepared  to  concur 
in  that  report,  and  I  think  many  others  are  not 
who  sympathize  with  me.  l'  would  like  an 
opportunity  for  a  conference  as  to  what  terms 
we  may  agree  upon. 

Mr.  DeLONG.  AVe  can  do  that  afterwards- 
after  we  concur  in  the  report. 

Mr.  COLLINS.  I  prefer  doing  it  before  we 
concur. 

[Mr,  Fitch  in  the  Chair.] 
Mr.  JOHNSON.  I  am  indifferent  in  regard 
to  the  postponement,  but  I  onh'  propose  to 
speak  to  this  distinctive  matter,  that  if  we 
consider  the  report  at  this  time  and  adopt 
it,  then  the  only  way,  as  I  understand  it,  in 
which  an  amendment  can  be  reached,  will  be 
by  recommitment  to  the  Committee  of  the 
Whole,  or  to  a  special  committee,  with  special 
instructions.  The  adoption  of  the  report, 
therefore,  involves  the  necessity  of  .such  recom- 
mitment, if  it  is  to  be  amended.  Now  we  know, 
as  remarked  by  the  gentleman  from  Stoi'ey, 
(Mr.  Collins.)  that  there  are  more  than  two  sides 
of  the  question  ;  that  there  are,  in  fact,  four  or 
five  difierent  views  to  be  taken  of  it ;  and  the 


386 


TAXATION. 


[11th  d-dy> 


Friday,] 


TozER — Fitch — President — Crosman — Banks. 


[July  15. 


probabilities  are  that  before  final  action,  these 
different  views  will  be  in  some  way  brought  to 
the  notice  of  the  Convention.  Now  my  view  is 
this,  that  to  obviate  the  necessity  of  the  matter  be- 
ing recommitted  to  the  Committee  of  the  Whole, 
or  otherwise,  it  would  be  better  that  the  consid- 
eration of  the  report  should  be  reserved  until 
the  time  when  we  propose  to  dispose  of  it 
finally.  If  that  time  be  this  morning,  let  us 
dispose  of  the  whole  matter  now ;  but  if  it 
is  the  sense  of  the  Convention  to  defer  it 
to  a  future  day,  or  to  a  future  hour  of  the  day, 
let  us  not  proceed  farther  with  the  considera- 
tion of  the  report  now,  entailing  labor  on  the 
officers  of  the  Convention  that  would  be  need- 
less. We  can,  in  the  way  I  suggest,  save  time 
and  trouble,  that  is  all.  I  do  not  propose  to 
postpone  it  a  minute  later.  I  am  entirely  indif- 
ferent whether  it  be  considered  this  morning,  or 
at  a  future  hour  of  the  day,  or  at  a  future  day  ; 
but  if  it  is  to  be  considered  this  morning,  then 
I  say  let  us  go  on  and  finish  up  the  whole  mat- 
ter, and  not  consider  it  in  part  and  leave  it 
unfinished. 

[The  President  in  the  Chair.] 
Mr.  TOZER.  I  only  urged  the  adoption,  or 
the  consideration  of  the  report  of  the  commit- 
tee, at  this  time,  because  I  thought  it  would  be 
economy  of  time  to  take  that  course.  When 
this  matter  comes  up  again,  I  greatly  fear  the 
whole  range  of  argument  will  have  to  he  gone 
over  again,  and  a  great  deal  more  time  con- 
sumed on  the  qnestion  ;  whereas,  if  the  report 
of  the  committee  is  adopted,  and  the  matter 
placed  on  the  general  file,  as  is  done  with  other 
business,  it  then  comes  up  in  the  regular  rou- 
tine of  action  adopted  by  the  Convention. 
Then,  sir,  any  amendments  desired  to  be  pro- 
posed can  be  put  in  the  shape  of  special 
instructions  and  referred  to  the  Committee  of 
the  Whole,  or  to  a  special  committee  of  three 
or  more,  and  in  that  way  the  matter  will  be 
greatly  simplified,  and  the  final  disposition  of 
the  subject  accelerated.  Certainly  the  action 
of  the  Convention,  or  of  the  Committee  of  the 
Whole,  has  not  gone  to  show  that  there  is  any 
disposition  on  the  part  of  the  majority  to  stifle  dis- 
cussion, or  to  do  anything  unfair  in  the  premises. 
Mr.  FITCH.  If  we  concur  in  the  report  of 
the  Committee  of  the  Whole,  will  amendments 
then  be  in  order  ? 

The  PRESIDENT.  I  cannot  see  how  they 
would  be  in  order.  My  impression  is  that  if 
you  concur  in  the  report  you  would  have  to  re- 
consider before  you  could  amend,  but  I  would 
like  to  hear  the  opinions  of  members  upon  that 
point. 

Mr.  FITCH.  If  we  could  not  amend  after 
concurring  in  the  report,  we  could  before  con- 
curring in  it. 

The  PliESIDENT.     Yes,  sir  ;  I  think  so. 
Mr.  FITCH.     Then  we  can  amend  the  report 
now. 

The  PRESIDENT.  First  the  question  is  upon 
concurring  in  the  report,  and  that  proposition 
is  open  for  amendment. 


Mr.  FITCH.    Is  it  open  then  for  amendment 

now? 

The  PRESIDENT.  Yes,  sir  ;  but  not  how- 
ever until  the  question  of  postponement  is 
decided.  When  that  is  disposed  of,  if  the  Con- 
vention shall  have  refused  to  postpone,  it  will 
be  open  for  amendment. 

Mr.  FITCH.  I  suggest  that  we  had  better 
adopt  the  plan  of  proposing  the  amendments 
before  concurring  in  the  report  of  the  Com- 
mittee. That  at  once  throws  the  amendments 
into  the  Convention  and  saves  the  necessity  of 
referring  to  a  committee,  with  special  instruc- 
tions to  make  amendments. 

Mr.  CROSMAN.  I  think  that  has  been  the 
previous  ruling  of  the  Chair,  and  it  was  for  that 
reason  that  I  asked  the  question  as  to  whether 
the  report  could  be  amended  before  it  was 
adopted.  For  that  reason  I  think  it  had  better 
be  postponed. 

The  PRESIDENT.  I  cannot  call  to  my  re- 
collection the  occasion  when  this  -question  wa.s 
decided,  or  when  the  question  has  ever  before 
been  raised  in  this  Convention. 

Mr.  BANKS.  There  is  one  very  serious  ob- 
jection to  the  adoption  of  the  report  of  the 
Committee,  and  I  would  not  further  consume 
the  time  of  the  Convention  but  that  I  foresee 
that  difficulty.  If  we  adopt  the  report,  and 
then  make  it  a  special  order  for  a  future  time, 
we  are  liable  to  place  ourselves  in  a  position 
where  trouble  may  ensue.  We  have  adopted 
Jefferson's  Manual,  and  under  those  rules,  which 
we  must  adhere  to  unless  they  are  suspended 
by  a  two-thirds  vote,  I  find  that  a  subject  is  not 
to  be  committed  for  the  matter  or  body  thereof. 
That  is  of  course  a  rule  which  governs  us,  and 
the  attention  of  the  Chair  should  be  called  to 
it.  The  Chair  will  be  compelled  to  rule,  if  a 
general  amendment  is  offered,  that  the  Article 
should  not  be  committed,  for  undou))tedly  he 
must  rule  according  to  the  Manual  which  we 
have  adopted  as  our  guide.  Suppose  some 
gentleman  raises  this  point,  when  you  propose 
to  recommit  the  Article  to  a  special  committee 
with  instructions  to  amend  in  respect  to  the 
matter  or  the  body  of  the  Article — it  will  then 
require  a  two-thirds  vote  in  order  to  pursue 
that  course,  although  it  is  the  course  we  have 
been  pursuing,  to  amend  a  report  by  recommit- 
ment for  the  matter  or  the  body  thereof. 

The  PRESIDENT.  I  think  the  rule  has  been 
strictly  adhered  to.  I  think  the  practice  has  in- 
variably been  to  recommit,  with  instructions  to 
amend  a  certain  portion  and  not  the  whole  bill. 
Mr.  BANKS.  The  meaning  of  the  Manual 
will  be  further  elucidated  by  reading  the  para- 
graph following  that  to  which  I  have  referred  : 

"When  au  essential  provision  has  been  omitted, 
rather  than  erase  the  bill,  and  render  it  suspicioiis, 
they  add  a  clause  on  a  separate  paper,  engrossed,  and 
called  a  rider,  which  is  read  and  put  to  the  question 
three  times." 

It  must  not  be  in  the  matter  or  body  thereof 
that  the  amendment  is  moved,  but  of  the  na- 
ture of  a  proviso  or  explanation.    I  have  called 


llth  day.] 


PACIFIC  RAILROAD. 


387 


Friday,] 


NouRSE — DeLong — Hawlet — Fitch. 


[July  15. 


attention  to  this  rule,  lest  some  gentleman,  on 
the  third  reading,  should  raise  this  point.  The 
Article  is  now  in  a  shape  in  which  we  can  post- 
pone it  to  the  time  we  desire  to  consider  it,  and 
then  we  can  take  it  up,  and  amend  it  freely, 
witliout  any  restriction.  I  hope  the  motion  to 
postpone  until  two  o'clock  will  prevail,  leaving 
it  in  the  precise  position  it  occupies  now. 

Mr.  N{3URSE.  I  will  accept  the  amendment 
to  postpone  it  until  two  o'clock. 

The  PRESIDENT.  I  understand  the  gentle- 
men from  Storey  (Mr.  DeLong)  to  move  its 
postponement  until  Monday. 

Mr.  DeLONG.     I  withdraw  that  motion. 

The  question  was  taken  on  the  motion  to 
po.stpone  the  subject  until  two  o'clock  to-day. 
and  it  was  agreed  to. 

ADJOURNMENT    OVER. 

Mr.  HAAYLEY.     I  offer  this  resolution  : 

"Resolved,  That  when  this  Convention  adjourn,  on 
Saturday,  July  16th,  it  adjourn  until  Monday,  July 
18th,  at  two  o'clock,  P.  M." 

I  do  not  know  what  position  other  members 
may  take,  or  whether  they  will  be  able  to  at- 
tend in  sufhcient  numbers  on  Monday  morning 
to  go  on  with  the  business,  but  I  have  received 
a  notice  from  one  of  my  clients  which  renders 
my  absence  absolutely  necessary.  I  merely 
offer  the  resolution,  and  if  it  be  adopted  very 
well,  and  if  not  I  shall  be  compelled  to  ask 
leave  of  absence  from  the  Convention. 

The  question  was  taken,  and  the  resolution 
was  adopted. 

MUNICIPAL   AND   OTHER   CORPORATIONS. 

Mr.  FITCH.  I  understand  the  report  on 
Article  VIII  is  in  rather  a  peculiar  position. 
It  was  ordered  engrossed,  and  then  retained  by 
the  Secretary  at  the  request  of  the  gentleman 
from  Lander.  (Mr.  Warwick.) 

The  PRESIDENT.  The  position  of  that  arti- 
cle is  anomalous  certainly,  but  it  seems  to  me 
that  it  must  be  regarded  as  on  the  general  file, 
since  it  has  been  ordered  engrossed  by  the  Con- 
vention. 

The  Convention  proceeded  to  the  considera- 
tion of  Article  VIII,  entitled  Municipal  and 
other  Corporations,  the  question  being  on  the 
the  third  reading  of  the  article. 

PACIFIC   RAILROAD. 

Mr.  FITCH.  I  have  an  amendment  to  offer 
to  Section  9,  but  I  understand  it  is  proposed  to 
offer  an  amendment  to  Section  6.  I  would  in- 
quire whether  it  would  be  proper  to  wait  for 
the  disposition  of  the  amendment  to  Section  6 — 
whether  the  article  is  to  be  considered  section 
bv  section  ? 

'  The  PRESIDENT.  It  has  been  reported  from 
the  Committee  of  the  Whole,  and  the  report 
adopted.  The  only  way  to  amend  it  is  by  re- 
committing it  with  instructions. 

Mr.  FITCH.  I  move,  then,  to  recommit  the 
section  to  a  special  committee,  with  instructions 
to  strike  out  all  after  the  word  "  purposes  "  in 


the  fifth  line  of  the  printed  copy,  and  insert  the 
following  : 

"Provided,  That  the  State  may  jjrovide  for  the  paj'- 
ment  of  the  interest  upon  bonds  of  the  Central  Pacific 
Railroad  Company  to  an  amount  not  exceeding  three 
millions  of  dollars  for  a  length  of  time  not  exceeding 
twenty  years,  at  a  rate  of  interest  not  exceeding  seven 
per  cent,  per  annum,  in  aid  of  the  construction  of  the 
Central  Pacific  Railroad  across  the  Sierra  Nevada 
Mountains  ;  but  no  law  to  provide  for  the  payment  of 
interest  as  aforesaid  shall  be  effective  unless  sanctioned 
by  a  vote  of  the  people." 

The  question  was  stated  on  the  adoption  of 
the  instructions. 

Mr.  FITCH.  I  will  detain  the  Convention 
but  a  very  few  minutes.  I  have  offered  the 
amendment  on  the  hypothesis  that  it  is  the  de- 
sire of  a  majority  of  this  Convention  to  extend 
aid,  or  rather  to  permit  the  Legislature  of  this 
State  to  extend  aid,  to  a  railroad  which  shall 
connect  this  State  with  the  navigable  waters  of 
California.  The  pending  proposition,  or  rather 
the  section  as  it  would  stand  if  it  were  not 
amended,  would  provide  that  the  State  may 
issue  its  own  bonds  to  such  railroad  company, 
to  be  expended  at  the  rate  of  fifty  thousand 
dollars  per  mile,  as  the  road  progresses  in  this 
State ;  but  this  amendment  proposes,  not  to 
give  the  bonds  of  the  State,  but  to  pay  the  in- 
terest on  the  bonds  of  the  company  for  twenty 
years,  in  place  of  giving  the  principal  sum  out- 
right. Now,  as  was  explained  in  a  manner  satis- 
factory to  me  at  least,  by  the  President  of  the 
Central  Pacific  Railroad  Company,  two  days  ago 
in  this  Convention,  the  incorporation  of  a  section 
into  the  Constitution  stating  that  the  Legisla- 
ture may  issue  bonds  to  an  amount  not  exceed- 
ing three  millions  of  dollars,  to  the  company 
which  should  first  complete  a  railroad  to  the 
State  line,  would  be  an  injury  rather  than  a 
benefit,  and  would  retard  rather  than  advance 
the  construction  of  the  only  road  that  ever  can, 
or  that  is  ever  likely  to  connect  this  State  with 
the  navigable  wafers  of  California.  It  was 
stated  then — and  it  is  a  matter  which  came  very 
properly  before  the  Convention — that  if  we  say 
we  will  give  that  amount  to  the  railroad  which 
shall  first  reach  the  State  line,  we  thereby  im- 
ply that  there  is  more  than  one  road  likely  to 
fulfil  such  condition  —  that  there  are  two  or 
more  such  roads  which  are  striving  to  reach 
the  State  line  —  and  that  such  statement  to 
a  certain  extent  would  throw  a  doubt  upon 
the  resources,  a  doubt  upon  the  intentions, 
and  a  doubt  upon  the  capacity  of  the  man- 
agers of  the  only  road  which  can  reach  the 
State  line.  To  the  extent  that  we  do  that, 
we  do  something  towards  depreciating  the 
credit  of  the  bonds  of  that  company  in  for- 
eign countries,  in  the  Atlantic  States,  and 
in  those  money  markets  where  men  have  but 
limited  means  of  information  in  regard  to 
.such  subjects  as  the  intentions  and  the  re- 
sources of  railroad  companies  in  these  moun- 
tains ;  and  just  to  that  extent  we  jjlace  a  lever- 
age in  the  hands  of  parties  who  are  interested 
in  retarding  that  road,  and  thereby  assist  them 


888 


PACIFIC  RAILROAD. 


[11th  day. 


Friday.] 


DeLong — Fitch. 


[July  15. 


to  do  so.  Now,  as  every  member  is  probably  j 
aware,  there  are  parties  who  are  certainly  deep- 1 
ly  interested  in  retarding  the  progress  of  any  j 
road  to  be  built,  running  from  the  navigable 
waters  of  California  to  the  State  line.  There 
are  three  expensive  toll-roads  connecting  us 
at  present  with  California,  and  their  profits 
would  be  decreased  and  almost  utterly  de- 
stroyed by  the  completion  of  the  railroad. 
There  are  three  or  four  stage  lines,  carrying 
passengers  on  those  routes,  and  their  profits 
would  be  decreased,  and  their  business  almost 
destroyed  by  the  railroad.  Then  there  are  two 
steamship  lines  running  between  San  Fran- 
cisco and  New  York,  and  their  profits  and 
business  are  decreased,  necessarily,  with  every 
mile  of  railroad  which  is  constructed  be- 
tween the  Missouri  and  Sacramento  rivers. 
Now,  sir,  I  do  not  wish  to  censure  those  insti- 
tutions. Their  interests  are  at  stake,  and  we 
all  know  that  it  is  human  nature  to  regard 
ones  individual  interests  before  the  general 
good  of  the  commuuity.  But  while  I  do  not  wish 
to  charge  evil  purposes — a  want  of  patriotism, 
for  instance — upou  those  who  are  attempting  to 
retard  the  construction  of  the  railroad  between 
here  and  the  navigable  waters  of  California, 
while  1  do  not  desire  to  censure  those  interested 
for  striving  to  retard  it  by  every  means  in  their 
power — and  one  great  means  to  that  end  would 
certainly  be  to  injure  the  credit  of  the  Central 
Pacific  "Railroad  Company  ; — yet,  at  the  same 
time.  I  do  not  wish  to  allow  the  interests  of  those 
corporations  or  associations  or  individuals  to 
so  far  come  in  conflict  with  the  general  good 
as  to  retard  the  progress  of  that  great  work 
which  is  so  very  material  to  the  necessities,  and 
so  dear  to  the  hearts  of  this  people.  So  much 
for  that. 

Now  upon  the  hypothesis  that  it  is  the  inten- 
tion of  this  Convention  to  allow  the  Legislature 
to  aid  a  road  to  be  built  between  the  navigable 
waters  of  California  and  the  State  line,  I  lay  it 
down  as  an  incontrovertible  proposition  that 
that  aid  should  be  extended,  if  at  all,  to  the 
only  road  that  can  be  built.  Gentlemen  have 
said — I  do  not  know  as  it  has  been  said  in  the 
Convention,  but  it  has  outside — that  there  is 
another  road  likely  to  be  built,  and  that  we  are 
ddiing  injustice  to  that  other  road,  by  mention- 
ing the  name  of  the  Central  Pacific  liailroad.  I 
do  not  think  that  careful  investigation  will  justify 
soeh  a  conclusion.  What  is  the  progress  of  the 
Central  Pacific  road?  The  company  have  com- 
pleted their  road  out  of  Sacramento  a  distance  of 
thirty-one  miles,  and  have  the  iron  and  rolling 
stock  for  a  considerable  distance  further,  while 
this  alleged  competing  line  have  only  graded  a 
few  miles  out  (jf  FolsdUi.  and  lliere  is  no  com- 
pany even  organized  to  Ijuild  any  road  on  that 
route  farther  than  Placerville.  There  is  not 
only  no  thorough  survey,  but  no  organization, 
I  repeat,  to  build  any  road  this  side  of  IMacer- 
ville  ;  and  I  do  not  think  there  ever  will  be, 
for  the  reason  that  they  would  be  required,  un- 
der the  general  statute  of  California,  to  pay  in 


ten  per  cent,  upon  the  capital  required  for  the 
construction  of  the  road,  before  the  organiza- 
tion of  the  company,  and  tliat  would  come  to 
nearly  or  quite  a  million  of  dollars — an  amount 
which  men  would  jirobably  not  care  to  invest 
in  a  most  unprofitable  game  of  brag. 

Now,  sir,  without  debating  the  question  as  to 
whether  or  not  the  aid  of  the  General  Govern- 
ment to  the  Central  Pacific  Railroad  was  wisely 
extended,  or  as  to  whether  or  not  they  have 
selected  the  best  route  for  their  road,  we  know 
this  fact,  that  the  Government  of  the  United 
States  has  given  to  the  Central  Pacific  Railroad 
Company  forty-eight  thousand  dollars  a  mile, 
that  the  county  of  San  Francisco  has  voted  six 
hundred  thousand  dollars,  that  the  county  of 
Placer  has  given  two  hundred  and  fifty  thou- 
sand dollars,  that  the  county  of  Sacramento  has 
given  three  hundred  thousand  dollars,  and  that 
the  State  of  California  has  not  only  given  ten 
thousand  dollars  per  mile,  but  in  addition  to 
that  gives  the  interest,  at  seven  per  cent, 
per  annum,  upon  the  company's  bonds  for 
a  million  and  a  half  of  dollars.  That  is  the 
aid  which  has  already  been  extended  and 
secured  to  the  Central  Pacific  Railroad  Com- 
pany. Now  I  put  it  to  the  common  sense  of 
the  Convention  if  there  is  any  other  road  which 
is  likely  to  secure  such  aid,  or  if  there  is  any 
other  road  which  will  probably  secure  as 
large  an  amount  of  aid  from  the  United 
States  Government.  It  is  not  likely,  I  think 
j  all  will  concede,  that  anything  of  the  kind 
I  will  be  secured  to  any  other  road.  This  road 
has  the  start,  and  it  is  not  likely  that  any 
other  road  will  ever  be  built  across  the  moun- 
tains, and  if  we  extend  any  aid  at  all  to  any 
road,  it  follows  of  course  that  we  should  give 
it  to  the  only  road  which  is  likely  to  be  built, 
for  we  should  offer  our  aid  where  it  will  be 
likely  to  be  of  some  value.  If  we  do  not  do 
that,  at  least  we  should  not  take  such  action  as 
will  imply  that  there  is  more  than  one  road,  and 
to  that  extent,  in  foreign  markets,  in  New  York, 
in  London,  in  Paris,  wherever  they  have  to  go 
to  negotiate  their  bonds,  raise  a  dotibt  against 
them,  because  these  capitalists  have  not  the 
means  of  investigation,  and  if  they  find  a  state- 
ment in  the  organic  law  of  our  State  implying 
a  doubt  in  regard  to  that  road,  it  would  cer- 
tainly be  apt  to  injure  the  credit  of  the  road. 

Now  I  have  some  statistics  here  which  I  wish 
to  present  very  briefly. 

Mr.  DeLONG.  Oh,  do  not  draw  them,  for 
heaven's  sake. 

Mr.  FITCH.  I  will  not  detain  the  Conven- 
tion long.  It  is,  we  are  informed,  one  hundred 
and  forty-four  miles  to  the  State  line  from  Sac- 
ramento, and  where  the  mountains  are  practi- 
cally crossed,  near  O'Neill's,  on  the  Truckce,  is 
forty  miles  from  the  summit.  The  cost  of  con- 
struction of  these  one  hundred  and  forty-four 
miles  of  railroad  is  estimated  at  about  fourteen 
millions  of  dollars.  The  company  about  to 
build  that  road  has  aid  already  granted  as  fol- 
lows : — 


11th  dcay.] 


PACIFIC  RAILROAD. 


389 


Friday,] 


Brosnan — Fitch — Nourse — Gibson. 


[July  15. 


By  Uiiited  States  Government  $48,000  per 

mile,  144  miles $6,912,000 

By  State  of  California  $10,000  per  mile,  144 

miles 1,440,000 

By  counties  of  San  Francisco,  Sacramento 

and  Placerville, 1,150,000 

Making  a  totaj  of $9,502,000 

That  is  the  total  amount  which  has  already 
been  donated  to  this  road  which  is  to  cost  four- 
teen millions  of  dollars  for  its  construction  to 
that  i)oint.  Now,  how  is  it  i^roijosed  to  raise 
the  other  five  millions? 

Mr.  BROSNAN.  Is  not  the  aid  of  the  United 
States  Government  S96,000  per  mile? 

Mr.  FITCH.     No,  sir  ;  it  is  $48,000  per  mile. 

Mr.  NOURSE.  Is  not  the  company  author- 
ized to  make  a  first  mortgage  for  $48,000  a 
mile,  which,  as  a  lien,  comes  in  ahead  of  the 
government  bonds  ? 

Mr.  FITCH.  That  is  what  I  am  coming  to. 
The  government  aid  of  §48,000  per  mile  is 
almost  a  donation,  as  it  is  only  a  second  mort- 
gage. Now  the  company  is  authorized  to  raise 
the  money  to  complete  the  road  by  its  first 
mortgage  to  the  amount  of  §48,000  per  mile, 
permitted  by  the  General  Government,  and 
that,  if  negotiated,  will  suffice  to  complete  the 
road.  Then  the  State  of  California  proposes  to 
pay  the  interest  upon  a  million  and  a  half  of 
those  first  mortgage  bonds,  and  if  the  State  of 
Nevada  concludes  to  pay  the  interest  on  three 
millions  more,  that  will  leave  the  company 
only  to  pay  the  interest  upon  five  hundred 
thousand,  and  it  will  enable  them  to  devote  the 
entire  earnings  of  the  road  to  its  construction 
beyond  or  to  that  line.  Therefore  it  is  deemed 
best  for  the  State  of  Nevada  to  give  the  inter- 
est upon  those  three  millions  to  this  road,  rather 
than  issue  her  own  bonds ;  and  the  company 
■will  then  have  the  means  of  giving  all  the 
bond.s',  save  half  a  million,  a  market  value 
which  they  otherwise  would  not  have,  because 
the  interest  would  be  paid  by  corporations,  or 
l)y  States,  rather,  outside  of  the  railroad  com- 
pany itself;  and  in  that  way  we  would  be  ex- 
tending very  great  and  eflfectual  aid  to  the 
company,  the  calculation  being  that  after  it  has 
reached  the  State  line,  the  appropriation  by 
Congress  of  $32,000  per  mile,  added  to  the 
earnings  of  the  road,  and  the  power  to  make 
the  first  mortgage  bonds,  will  be  sufficient  to 
construct  the  road  without  further  aid,  because 
then  they  will  have  passed  the  most  expensive 
portion  of  the  route. 

Now.  Mr.  President,  whether  this  road  can  be 
built  to  the  State  line  without  the  aid  of  Nevada 
or  not,  whether  the  aid  of  Nevada  would  expe- 
dite the  progress  of  the  road  or  not,  whether 
this  two  hundred  and  ten  thousand  dollars  of 
interest  a  year  can  ever  be  afforded  by  the 
people  or  not,  whether  it  would  be  policy  for 
the  State  to  give  that  amount  or  not,  and 
whether  the  tax  would  be  onerous  and  oppress- 
ive to  the  people  or  not,  are  all  matters  which 
I  do  not  propose  to  discuss,  because  I  do  not 
regard  them  as  being  properly  before  this  Con- 


vention for  its  consideration.  We  have  no 
power  to  grant  the  aid  to  the  road.  We  cannot, 
or  certainly  should  not  say  that  the  Legislature 
shall  give  it,  or  that  the  people  shall  indorse 
the  action  of  the  Legislature.  We  certainly 
have  no  right  whatever  to  say  that.  But  it 
is  simply  pi-oposed  in  this  section  as  it  will 
be  amended,  if  my  motion  prevails,  to  give  the 
people  of  Nevada  a  right  to  extend  that  aid — 
to  give  the  people  the  power  to  grant  it,  through 
the  Legislature,  if  they  wish  to  do  it,  and  if  the 
people  indorse  it.  We  simply  give  them  the 
power  to  lend  that  aid.  We  throw  the  door 
open,  and  allow  them  to  give  it  if  the  people 
demand  it,  but  not  otherwise. 

I  should  be  possessed  of  a  great  deal 
more  of  arrogance  and  conceit  than  I  should 
care  to  entertain,  or  to  have  attributed  to  me, 
if  I  should  say.  in  my  representative  capacity 
here,  that  the  people  of  Nevada  never  shall 
grant  any  aid  to  the  Pacific  Railroad,  whether 
they  want  to  or  not.  I  think  we  have  no  legiti- 
mate power  to  say  that.  I  think  it  is  more 
proper  for  us  to  say  that  the  Legislature  may 
do  what  they  deem  best  for  the  people.  For  us 
to  shut  the  door,  and  lock  it  in  their  faces  ;  for 
us  to  say  •'  Whether  the  people  are  willing  or 
not,  we  say  you  shall  not  grant  any  aid  to  the 
Pacific  Railroad  " — I  would  regard  as  a  high 
piece  of  presumption.  Sir,  without  referring 
to  what  my  action  as  a  citizen  might  be,  with- 
out saying  whether  I  would  or  would  not  in- 
dorse the  action  of  the  Legislature  extending 
this  aid — for  that  is  not  the  question — I  hold  my 
duty  to  be  to  allow  the  people  either  to  aid  it 
or  not  to  aid  it,  as  they  shall  decide  when  the 
question  shall  be  presented.  Th(ire  our  duty 
ceases,  and  anything  beyond  that  in  my  judg- 
ment would  be  sheer  arrogance. 

With  all  due  respect  to  the  members  of  this 
Convention,  I  think  that  the  members  of  the 
State  Legislatures  of  1865,  1867,  or  1869,  those 
who  will  come  after  us,  those  who  will  repre- 
sent, better  than  we  possibly  can,  the  condition 
of  Nevada  at  that  period  of  time — five,  seven, 
or  it  may  be  ten  years  hence — will  be  far  better 
able  to  judge  than  we  are  now  of  the  capacity 
of  this  people  to  endure  that  amount  of  tax- 
ation. And,  sir,  they  will  be  better  able  to 
judge  of  the  will  of  the  people  to  give  that 
amount,  and  the  necessity  of  granting  it,  than 
we  can  possibly  be.  I  say,  then,  that  since  they 
can  better  judge  of  these  questions  than  we  can, 
we  should  leave  them  to  their  judgment,  and  I 
am  in  favor  of  this  amendment,  giving  to 
them  an  opportunity  to  exercise  their  judg- 
ment. It  is  still  restricted  by  the  Constitution. 
Instead  of  an  absolute  donation  of  three  mill- 
ions, we  ask  only  that  the  Legislature  shall  be 
permitted  to  give  the  interest  on  three  millions 
for  twenty  years. 

Mr.  GIBSON.  That  would  amount  to  four 
millions  and  two  hundred  thousand  dollars. 

Mr.  NOURSE.  That  is  just  what  it  amounts 
to. 

Mr.  FITCH.     Gentlemen  can  calculate  it  at 


390 


PACIFIC  RAILROAD. 


[11th  day. 


Friday,] 


DeLong — NocRSE — Fitch. 


[July  15. 


their  leisure.  Instead  of  giving  both  principal 
and  interest,  we  propose  to  pay  the  interest 
only  ;  always  provided  that  the  Legislature 
grant  it.  and  the  people  indorse  their  action. 
And  I  say  it  will  be  arrogating  an  amount  of 
wisdom,  as  to  the  power,  and  the  energy,  and 
the  resources  of  our  State  in  the  future,  which 
we  do  not  possess,  and  which,  not  being  pro- 
phets, nor  the  sons  of  prophets,  we  cannot  pos- 
sess, to  say  that  the  people  shall  not  grant  this 
aid.  whether  they  are  able  or  not,  or  willing  or 
not. 

Before  taking  my  seat,  as  I  shall  not  speak 
again  on  this  subject,  I  desire  to  say  in  conclu- 
sion that  I  express  here  my  belief,  my  expecta- 
tion, and  my  hope  that  the  Legislature,  being 
so  empowered,  will  grant,  either  all  of  this  aid, 
or  such  portion  of  it  as  may  be  necessary  at 
the  time,  to  help  along  the  Pacific  Railroad, 
and  that  the  people  will  indorse  their  action, 
and  be  able  to  do  so  without  any  serious 
inconvenience  to  themselves  ;  and  that  by  so 
doing  they  will  materially  aid  the  railroad.  I 
should  be  very  sorry,  in  the  future  of  Nevada, 
when  this  great  road  shall  be  finished  across 
the  mountains,  when  the  traveler  shall  start 
from  Sacramento  in  the  morning,  dine  at  Reese 
River,  breakfast  at  Salt  Lake,  and  watch 
the  lengthening  shadows  of  that  day  as  they 
decline  along  the  valley  of  the  Platte — I  should 
be  sorry,  I  say,  after  the  consummation  of  this 
mighty  work,  which  will  be  the  boast  of  the  nine- 
teenth century,  the  pride  and  glory  of  the  age,  a 
work  gi'ander  than  the  aqueducts  of  Rome,  more 
stupendous  than  the  pyramids  of  Egypt,  more 
wonderful  than  the  Sphynx  in  the  desert  sands, 
I  should  be  sorry  if  it  should  be  said  in  that 
future  time  that  such  a  work  had  been  com- 
menced and  carried  through  at  a  time  when 
the  nation  was  struggling  in  the  throes  of  a 
civil  war,  and  that  in  the  community  which 
was  most  benefited  by  it,  the  community  which 
was  raised  from  a  state  of  comparative  indi- 
gence to  wealth  by  that  road,  the  community 
M'hieh  had  been  increased  so  greatly  in  power, 
wealth  and  potency  by  that  road,  their  repre- 
sentatives assembled  to  frame  a  fundamental 
law.  to  frame  a  law  which  was  to  last  from  gen- 
eration to  generation,  a  law  which  was  to  guide 
the  legislation  of  the  State  throughout  future 
ages,  had  absolutely  declared  that  the  people  of 
Nevada,  whether  they  wished  it  or  not,  should 
not  be  allowed  to  aid  that  road  in  the  hour  of 
its  direst  necessity. 

Mr.  DkLONG.  Since  I  voted  before  on  this 
Ijroposition  I  have  had  some  new  light,  attbi'ded 
by  the  appearance  on  this  floor  of  his  ex- 
cellency, ex-Governor  Stanford  of  California,  the 
President  of  the  Central  Pacific  Railroad  Com- 
pany. I  took  pleasure  in  asking  various  ques- 
tions of  that  gentleman,  in  order  to  satisfy  ray 
own  mind,  and  the  minds  of  others,  upon  the 
various  questions  involved  in  this  matter,  and  I 
have  come  to  exactly  this  conclusion,  that  as  a 
whole  j)eople,  or  as  a  State,  we  stand  by  the 
side  of  the  Pacific  Railroad  enterprise  like  a 


"  wild  cat"  mine  by  the  side  of  the  Gould  and 
Curry.  According  to  Governor  Stanford's  own 
showing,  if  we  give  this  aid  it  would  not  help 
the  road  a  pin,  yet  he  would  like  it,  because  it 
would  be  an  indorsement  of  the  enterprise, 
that  is  all.  While  it  would  distress  us  terribly 
to  raise  the  amount,  it  would  scarcely  help  the 
railroad  at  all.  That  is  evident  by  the  gentle- 
man's own  admissions. 

Why,  sir,  let  us  look  at  the  present  condition 
of  this  enterprise.  They  have  built  thirty-one 
miles  of  their  road,  and  got  it  in  running  order, 
and  every  thing  paid  for  ;  and  yet  in  order  to 
accomplish  that  they  have  not  received  a  dollar 
from  the  national  or  State  government,  or  of 
the  county  aid,  or  any  thing  else.  They  have 
done  all  that  out  of  their  own  contributions. 
Very  well.  They  have  got  thirty-one  out  of  the 
one  hundred  and  forty-four  miles  already  built, 
and  paid  for,  and  on  which  they  are  entitled  to 
execute  a  first  mortgage  of  thirty-six  thousand 
dollars  per  mile,  and  that  they  are  about  to 
execute.  Then  the  United  States  Government 
comes  in  with  its  aid  of  thirty-six  thousand 
dollars  per  mile. 

Mr.  NOURSE.  Forty-eight  thousand  dollars 
per  mile. 

Mr.  DeLONG.  That  is  the  road  in  the  moun- 
tains. 

Mr.  NOURSE.  But  the  lower  figure  is  only 
for  seven  miles,  and  then  the  mountain  part  be- 
gins. 

Mr.  DeLONG.  I  may  be  astray  to  the  extent 
of  a  few  figures,  but  an  approximation  is  all  I 
care  about.  Suppose  it  is  thirty-six  thousand 
dollars  per  mile  which  they  are  entitled  to  from 
the  General  Government,  with  the  right  to  exe- 
cute a  first  mortgage  for  the  same  amount,  then 
I  make  it  ninety-eight  thousand  dollars  per 
mile  which  they  ai-e  entitled  to  raise  by  their 
own  first  mortgage,  and  the  United  States  aid. 
That  gives  them  a  fund  of  three  millions  and 
thirty-eight  thousand  dollars,  according  to  my 
figures.  They  have  got  that  amount  then  as 
assets  in  hand,  now,  and  when  they  get  that  one 
hundred  and  forty-four  miles  done  which  is  to 
be  finished,  that  will  bring  them  in  over  eleven 
millions  more.  Then  you  have  got  to  add  to 
all  that  the  two  hundred  and  fifty  thousand  from 
Placer  county,  the  three  hundred  thousand  from 
Sacramento  County,  and  the  six  hundred,  or 
four  hundred  thousand,  as  the  case  may  be, 
from  San  Francisco,  besides  the  one  million 
four  hundred  and  forty  thousand  dollars  which 
the  State  of  California  gives  at  the  rate  of  ten 
thousand  dollars  a  mile.  That  is  what  they 
have  to  look  to,  with  thirty-one  miles  of  the 
road  already  completed,  and  then,  in  addition, 
they  have  from  the  General  Government  a  grant 
of  twelve  thousand  eight  hundred  acres  of  land 
per  mile,  making  for  the  one  hundred,  and  forty- 
four  miles,  one  million  eight  hundred  and  forty- 
three  thousand  two  hundred  acres. 

Mr.  FITCH.  One  of  the  gentleman's  most 
important  items — the  interest  paid  by  Califor- 
nia— is  not  a  donation  ;  it  is  based  upon  the 


nth  day.] 


PACIFIC  RAILROAD. 


391 


Friday,] 


DeLong — Fitch — Earl — Nourse. 


[July  15. 


hypothesis  that  they  will  negotiate  the  bonds. 
It  aids  them  simply  in  negotiating  the  tirst 
mortgage,  and  amounts  to  nothing  if  they  do 
not  negotiate  the  bonds. 

Mr.  DeLOXG.  But  Governor  Stanford,  the 
President,  says  thev  will  negotiate  them. 

Mr.  FITCH.  California  then  pays  the  inter- 
est on  a  million  and  a  half  of  the  first  mortgage 
bonds  as  soon  as  that  amount  is  negotiated,  and 
no  more. 

Mr.  DeLONG.  Governor  Stanford  said  they 
intended  to  negotiate  those  bonds  now.  At 
any  rate,  they  have  only  one  hundred  and  thir- 
teen miles  of  road  to  build,  which  is  estimated 
to  cost  them  fourteen  millions  of  dollars  to 
build,  and  they  show  assets  of  sixteen  millions 
of  dollars,  according  to  their  own  statements — 
two  millions  more  than  they  want,  if  Governor 
Stanford's  estimates  are  properly  stated.  As  I 
make  it,  these  are  the  assets,  upon  which  they 
have  to  rely,  resulting  from  the  munificent  aid 
which  has  already  been  granted  to  this  enter- 
prise : 
California  State  aid,    $10,000  per  mile,   lU 

miles $1,440,000 

California  interest,  7  per  cent.,  twenty  years,    1.500,000 

First  mortgage,  $48,000  per  mile, 6,912,000 

United   States   Governmeut  bonds,   $48,000 

per  mile 6,912,000 

San  Francisco  subscription, 600,000 

Sacramento  subscription, 300,000 

Placer  subscription 250,000 

12,800  acres  laud  per  mile,  144  miles,  1,843,200 

acres,  say  at  $2  per  acre, 3,686,400 

Total  amount  of  aid  given, $21,600,400 

Now,  in  the  face  of  all  this,  how  can  they  ask 
poor,  little,  old,  sage-brush  Nevada  to  burden 
herself  by  giving  more  aid,  when  it  would  be 
of  little  or  no  practical  benefit  to  the  road  ? 

Mr.  FITCH.  Those  sixteen  millions,  which 
the  gentleman  said  were  available  assets  for 
building  the  road,  are  all  the  time  ba.sed  upon 
the  hypothesis  that  the  company  will  negotiate 
the  bonds  of  the  Government  at  par,  and  that 
is  not  by  any  means  probable. 

Mr.  DeLONG.  Does  the  gentleman  think 
there  will  be  any  difficulty  in  negotiating  them, 
when  the  road  thus  far  is  entirely  paid  for,  and 
they  are  secured  bv  the  Government  and  by 
the  State?  If  so,  he  troubles  himself  about 
them  more  than  Governor  Stanford  does,  who 
does  not  doubt  but  that  they  will  be  eagerly 
grabbed  at  by  anybody  who  has  the  money. 

Now  while  we  anxiously  desire  to  see  this 
road  speeding  forward,  yet,  when  we  consider 
the  magnificent  support  it  has  already  obtained^ 
the  munificent  donations  which  it  has  received, 
and  when  you  hear  the  President  of  that  road, 
on  this  floor,  make  a  recount  of  the  resources 
it  has,  so  abundant  that  it  appears  we  could 
not  add  strength  to  the  enterprise  even  by  giv- 
ing everything  we  have — perfectly  plethoric 
with  fullness,  and  wealth,  and  happiness — when 
we  hear  that,  and  think  that  we  are  a  little 
sage-brush,  young  people,  actually  hesitating 
about  starting  out  on  our  march  as  a  State 
Government,  for  fear  we  cannot  pay  the  ordi- 


nary expenses  of  that  State  Government  from 
year  to  year,  although  we  do  all  we  can  to 
economise  and  reduce  the  expenses — when  we 
consider  our  position,  and  feel  and  know  that 
this  aid  will  not  do  that  road  any  appreciable 
good,  or  hurry  its  construction  perhaps  a  single 
week,  I  say  we  should  hesitate  a  long  time  be- 
fore we  place  on  ourselves,  on  our  constituents, 
on  those  who  are  to  come  after  us,  this  mort- 
gage on  their  resources  to  the  extent  of  two 
hundred  and  ten  thousand  dollars  a  year,  to  be 
paid  out  of  the  pockets  of  the  people,  in  addi- 
tion to  the  burdens  of  the  State  Government. 

Mr.  EARL.  Will  my  colleague  allow  me 
to  ask  him  a  question  ?  Does  this  amendment 
propose  that  we  shall  place  this  mortgage  on 
the  people,  or  simply  that  we  shall  give  the 
Legislature  power  to  do  so,  if  in  their  judg- 
ment it  is  expedient? 

Mr.  DeLONG.  It  is  no  matter  whether  we 
do  it  or  the  Legislature  does  it ;  it  will  be  a 
mortgage  on  the  people  in  the  end  if  we  adopt 
this  provision. 

Mr.  EARL.  No,  sir  ;  they  will  have  to  let 
the  people  pass  upon  it  first. 

Mr.  NOURSE.  But  it  will  be  insisted  that 
the  people  did  pass  upon  it  when  the  Constitu- 
tion was  adopted. 

Mr.  DeLONG.  I  understand  that.  I  under- 
stand that  we  cannot  adopt  a  Constitution  until 
it  is  ratified  by  the  people.  And  1  understand 
that  when  they  have  ratified  it.  all  the  provis- 
ions of  the  Constitution,  either  requiring  or 
empowering  the  Legislature  to  grant  this  aid, 
will  become  operative.  I  understand  all  that. 
But  I  say  if  our  action  means  anything,  it  means 
this  :  We  frame  a  Constitution  by  which  we 
permit  the  people  to  do  this  thing  with  a  hope 
and  expectation  that  they  will  do  it,  and  I  say 
we  should  hesitate  before  we  do  anytliing  or 
say  anything  about  it  in  this  fundamental  law. 
And  I  say  that  whatever  we  do  is  done  as  an 
entirety,  and  when  it  is  submitted  to  the  peo- 
ple, you  compel  men  to  vote  for  what  the}'  may 
regard  as  an  unwelcome  tax.  or  to  vote  against 
the  Constitution  in  its  entirety.  I  say  that  this 
debt  of  over  four  millions  of  dollars  which  we 
have  to  contract  to  give  this  aid,  in  the  way 
that  gentlemen  propose  to  give  it,  is  more  than 
the  people  can  bear,  or  are  warranted  in  as- 
suming. Why,  the  President  of  the  railroad 
company  told  us  at  the  very  first,  that  he  had 
rather  we  would  not  give  them  anything  than 
to  give  them  what  we  offered — which  was  fifty 
thousand  dollars  per  mile  for  every  mile  of 
railroad  Iniilt  within  our  limits,  to  the  extent 
of  three  millions  of  dollars— couplet  with  the 
condition  which  we  had  imposed.  Now  did 
you  ever  before  hear  of  a  railroad  company  so 
independent,  and  so  rich,  that  they  could  come 
upon  the  floor  of  a  Constitutional  Convention 
like  this,  assembled  in  this  chamber,  and  tell 
that  body  '-We  would  rather  you  would  keep 
your  three  millions  of  dollars  than  to  give  it  to 
us  coupled  with  the  conditions  upon  which  we 
have  to  take  it — the  condition  that  we  shall  be 


592 


PACIFIC  RAILROAD. 


[11th  day. 


Friday,] 


Warwick — DeLong — Eakl. 


[July  15. 


the  first  to  get  here,  and  that  if  we  are  not  the 
first  it  shall'be  Riven  to  another  road."  Imag- 
ine the  condition  of  a  railroad  which  refuses 
three  millions  of  dollars,  with  the  same  trifling 
consideration,  with  as  much  mmclialance,  as  a 
man  might  refuse  to  take  a  drink  with  a  gentle- 
man who  should  ask  him.  I  say  it  is  prepos- 
terous. And  I  say  if  the  aid  be  granted  that  is 
asked  for.  it  will  not  hasten  the  comjdetion  of 
the  road  one  day,  while  it  will  burden  our  State 
with  an  immense  debt.  And  if  you  incorpo- 
rate that  provision  into  your  Constitution,  it  will 
call  for  and  receive  at  the  hands  of  the  people 
more  earnest  opposition  to  the  entire  instru- 
ment, than  any  other  clause  which  you  have 
yet  incorporated,  or  Avhich  you  can  possibly 
think  of  putting  into  it.  Poor  men,  struggling 
here  to  build  up  a  State  in  the  sand,  in  the 
bosom  of  the  desert,  cannot  consent  to  lend  or 
give  to  a  railroad  company  Avhich  has  more 
money  now  than  it  needs.  They  will  not  vol- 
untarily tax  themselves  to  the  extent  of  four 
millions  of  dollars  in  order  to  donate  it  freely 
to  that  railroad  companv. 

Mr.  WARWICK.  Mr."  President,  I  am  really 
astonished  that  a  gentleman  usually  so  ingenu- 
ous and  honest  in  the  declaration  of  his  opinions 
should  have  arrayed  before  this  Convention  an 
accumulation  of  figures  which  only  serve  to 
mistify  rather  than  clear  the  subject,  and  should 
have  "made  declarations  on  the  floor  of  this 
Convention  altogether  calculated  to  mislead. 
The  gentleman  from  Storey  did  in  his  wisdom 
put  the  question  to  the  President  of  the  Pacific 
liailroad  the  other  day  whether  he  would  or 
would  not  rather  have  the  State  aid  under  cer- 
tain conditions,  and  what  was  his  reply  ?  He 
stated  that  if  it  were  granted  under  certain  con- 
ditions it  would  be  but  slight  advantage  to  the 
railroad  company,  but  under  no  conditions  did 
he  undertake  to  repudiate  the  aid  if  we  should 
see  fit  to  grant  it. 

Mr.  DkLONG.  Did  he  not  say  that  he  would 
rather  not  have  any  thing  than  to  have  it  in  the 
shai)e  in  which  we  ottered  it,  or  coupled  with 
that  condition  ? 

Mr.  WARWICK.  I  did  not  so  understand 
him. 

Mr.  EARL.  The  answer  of  Governor  Stan- 
ford was  to  this  efi'ect,  that  if  we  were  to  give 
the  aid  in  that  form  it  would  intimate  that  there 
was  another  road,  a  j)ractica))l(;  road,  in  prog- 
ress— that  it  would  seem  from  the  manner  in 
which  we  proposed  to  give  that  aid,  to  show 
that  there  was  a  doubt,  as  to  the  practicability, 
or  that  tiiere  was  some  competiticui.  But  he  did 
not  SUV  that  thev  would  refuse  the  gift. 

Mr.  WARWK'K.  Satisfied  with  the  explana- 
tion of  the  gentleman  from  Storey  (Mr.  Eurl.)  I 
shall  pr(jci'ed.  The  President  of  the  Pacific 
Railroad  Company  did  not  address  himself  to 
tlie  subject  as  though  we  were  a  legislative 
))ody,  deciding  the  matter  for  the  i)eo])le  of  Ne- 
vada, nor  as  though  a  bill  making  the  a])pro- 
])rlation  were  before  the  Convention,  and  we 
were  about  to  declare  whether  we  would  or 


would  not  grant  the  aid  which  some  of  us  de- 
sire that  the  people,  and  the  people  only,  shall 
decide  upon.  Gentlemen  speak  here  as  though 
we  were  about  to  put  our  hands  into  our  pock- 
ets and  scatter  three  millions  of  dollars  to  the 
winds,  without  any  sort  of  recompense  or  re- 
turn for  it.  Now  what  is  the  real  situation  of 
the  question  before  the  Convention  ?  Here  we 
are,  isolated  from  the  great  channels  and  marts 
of  commerce,  deriving  all  our  supplies  from 
the  borders  of  another  State,  by  means  of  routes 
of  communication  troublesome  and  expensive, 
paying  a  tax  of  three  millions  and  a  half  of 
dollars  since  the  commencement  of  our  exist- 
ence as  a  Territory  for  the  single  article  of 
freights  alone,  and  over  half  a  million  of  dol- 
lars in  that  time  for  jiassages.  Now  does  any 
gentleman  deny  the  proposition  that  such  aline 
of  communication  as  we  are  desiring  to  aid 
would  naturally  lessen  the  cost  of  everything  we 
consume,  and  would  at  the  same  time  not 
merely  reduce  but  almost  actually  abrogate  and 
destroy  the  time  required  in  crossing  these 
mountains  ?  At  the  present  time  a  day  and  a 
half  or  two  days  is  required,  at  the  least,  for 
that  transit,  and  by  this  line  of  communication 
it  would  be  reduced  to  less  than  half  a  day. 
Now  is  it  not  an  axiom  with  the  Ameiican  peo- 
ple that  time  is  money  ?  Do  we  not  work  day 
and  night  in  extracting  the  gold  and  silver  from 
our  mines?  Why  then  should  we  submit,  if  we 
can  avoid  it,  to  lose  our  time  in  crossing  the 
mountains  when  we  can  have  a  line  of  commu- 
nication which  will  materially  lessen  that  time 
so  much,  to  say  nothing  of  the  decreased  ex- 
pense ?  I  say  the  amount  of  the  aid  which  we 
propose  to  lend — not  if  we  say  so,  but  if  the 
majority  of  the  people  of  the  State  shall  in- 
dorse our  action,  or  the  action  Avhich  we  em- 
power our  Legislature  to  take— will  be  returned 
to  the  State  in  less  than  two  years. 

The  bonds  of  the  State,  it  is  proposed,  shall 
run  for  twenty  years.  Now,  sir,  are  we  to  be 
looking  always  at  the  present  time,  at  the  pres- 
ent condition  of  our  State,  and  never  at  its  fu- 
ture development?  Are  we  not  to  look  at  and 
learn  a  lesson  from  what  has  been  done  during 
the  past  four  years,  during  which  time  towns 
and  cities  have  sprung  up,  and  millions  of  dol- 
lars have  been  invested  by  capitalists  within 
our  limits  ?  Are  we  still  to  look  at  the  present 
and  never  at  the  past  or  the  future  ?  1  am  as- 
tonished that  the  gentleman  from  Storey,  (Mr. 
DeLong,)  coming  from  California,  a  gentleman 
whose  whole  life  has  been  spent  in  new  com- 
munities, should  speak  like  one  who  has  just 
been  awakened  from  a  Rip  Van  Winkle  sleep, 
and  expects  to  find  every  thing  unchanged,  just 
as  it  was  when  he  sunk  into  his  long  slumber  fifty 
years  ago.  It  is  to  him,  and  to  such  as  he,  that 
we  .should  naturally  look  to  advance  our  prog- 
ress, to  help  on  these  great  works  of  improve- 
ment, to  assist  in  the  development  of  this  State 
in  tile  future.  Of  all  the  stupendous  works 
contemplated  in  the  present  age,  not  one  so 
commends  itself  to  the  judgment,  to  the  wis- 


11th  day.] 


PACIFIC  RAILROAD. 


393 


Friday,] 


DeLong — Warwick — Kennedy. 


[July  15. 


doni,  and  to  the  kindly  consideration  of  states- 
men, whose  handiwork  will  be  engraven  upon 
this  Constitution,  which  if  it  shall  be  adopted  I 
hope  shall  live  when  we  are  dust  and  ashes,  as 
this  Pacific  Railroad  enterprise. 

I  say  there  is  no  work  which  should  commend 
itself  more  to  our  kindly  consideration  than 
that  which  is  now  under  consideration  in  this 
body.  And  why  ?  Is  it  alone,  or  chiefly  for  the 
aggrandizement  of  our  sister  State,  lying  be- 
yond our  western  border  ?  Not  at  all.  I  con- 
tend that  it  is  for  our  own  benefit,  for  our 
own  aggrandizement.  We  are  asked  to  invest 
a  small  amount  of  capital,  but  with  the  hope  of 
a  speedy  return.  Suppose  a  man  living  upon  a 
plain  has  a  spring  of  water  in  the  mountain  be- 
hind his  house?  It  is  a  long  and  weary  task  to 
travel  up  that  mountain,  and  bear  down  from 
day  to  day  the  little  supply  of  water,  and  nature 
would  soon  be  exhausted  by  that  labor.  But  by 
the  appliances  of  science  he  conducts  the  stream 
to  his  door,  where  he,  and  his  children,  and  his 
flocks  and  herds,  are  daily  refreshed,  with  but 
little  cost  and  an  immense  saving  of  time  and 
labor.  So  it  is  with  us.  It  is  not  that  we  are 
giving  this  road  anything.  We  say  merely  that 
we  will  lend  our  credit,  if  the  people  indorse 
the  proposition.  And  I  wish  that  in  treating 
this  question,  the  gentleman  from  Storey  (Mr. 
DeLong)  would  be  ingenuous  enough  to  ad- 
mit that  we  are  not  legislating  here,  nor  impos- 
ing any  new  burden  upon  the  peo]ile.  We  are 
doing  nothing  of  the  kind.  We  only  leave  the 
door  open  so  that  the  people  in  their  wisdom 
may  decide  hereafter  whether  it  is  better  for 
them  or  not  that  this  great  national  work  shall 
be  constructed. 

In  what  situation  do  we  leave  this  matter, 
provided  we  strike  this  article  from  the  Consti- 
tution altogether?  It  will  then  require  a  vote 
of  two-thirds  of  the  Legislature,  and  the  lapse 
of  two  years  of  time,  in  order  to  amend  the 
Constitution,  so  as  to  place  in  it  the  very  pro- 
vision which  we  are  now  seeking  to  incorporate 
— for  I  jjresume  we  shall  adopt  that  which  is 
the  usual  and  customary  rule  in  regard  to 
amendments  of  the  Constitution.  We  ])ropose 
only  to  insert  a  provision  here,  not  that  the  peo- 
ple shall  lend  this  aid,  but  that  they  may  do  so 
if  the}'  find  that  their  interests  require  it.  I  do 
sincerely  hope  that  every  gentleman,  in  ad- 
dressing himself  to  this  question,  will  be  honest 
and  ingenuous  enough  not  to  assert  that  we  are 
about  to  inflict  on  the  people  a  heavy  burden, 
when  all  we  do  is  merely  to  leave  the  pathway 
open.  We  do  not  wish  to  say  that  this  little 
body  of  thirty-nine,  who  have  come  up  here  to 
represent  the  people  of  this  Territory  in  Con- 
vention, possess  all  the  wisdom  and  intelligence 
not  only  that  there  is  in  the  Territory  now,  but 
that  may  exist  within  our  limits  jjerhaps  for 
thirty  years  to  come.  We  do  not  wish  it  to  go 
out  that  this  little  body  of  thirty-nine  men  have 
said,  "AVe  knew  that  it  was  a  great  national 
work,  and  that  you  needed  it  because  your 
mines  could  not  be  opened  without  it ;  we  knew 


that  the  moment  it  should  be  constructed  your 
transportation  would  be  cheaper,  and  all  the 
expenses  of  living  would  be  cheaper,  and  all 
the  kindly  harmonizing  influences  and  associa- 
tions of  your  childhood  would  be  brought 
nearer  to  you,  yet  we  refused  to  allow  you  to 
I  aid  it."  We  do  not  wish  to  say,  "  We  shut 
I  the  doors  in  your  faces,  when  you  demanded 
!  that  we  should  let  you  in.'' 
j  I  appeal  to  gentlemen  here,  if  there  is  any 
;  yearning  in  their  hearts  towards  the  old  homes 
I  away  towards  the  rising  sun,  where  they  sported 
and  played  in  childhood's  happy  hours,  not  to 
do  this  thing.  Do  we  never  hope  to  see  those 
homes  again  ?  We  have  already  incorporated 
into  our  Constitution  a  provision  which  pre- 
vents the  Supreme  Judge  from  leaving  the 
State,  for  a  longer  period  than  ninety  days  at  a 
time,  though  he  holds  his  office  for  ten  years, 
and  although  that  may  seem  to  be  a  stern,  yet  it 
is  a  wise  provision.  But,  sir,  though  the  excite- 
ment and  rush  of  business  and  pleasure  may 
obscure  and  dim  the  feeling  for  a  time,  the  old 
and  hallowed  atfections  never  die,  even  in  the 
hardest  hearts,  and  they  may  one  day  lead  lis 
back  toward  our  childhood's  homes.  Here, 
then,  is  a  means  by  which  in  a  week  or  a  fort- 
night we  can  be  enabled  to  see  those  homes 
again.  But  aside  from  all  this  sentiment  is  the 
practical  consideration  of  the  development  of 
the  State  itself. 

Mr.  DeLONG.  I  want  to  ask  the  gentleman 
from  Lander  a  question.  Is  he  a  candidate  for 
Supreme  Judge  ? 

Mr.  WARWICK.  No,  sir;  but  I  hope  one 
day  to  assist  in  elevating  the  gentleman  from 
Storey  to  that  honorable  position.  I  know  his 
aspirations,  and  I  know  the  wisdom,  the  judg- 
ment, the  intelligence,  and  the  sagacity  of  the 
gentlemen,  which  I  think  entitle  him  to  that 
high  position,  provided  it  is  not  filled  by  a  bet- 
ter man. 

Mr.  DeLONG.    I  accept  the  amendment. 

Mr.  WARWICK.  All  I  ask  of  the  opponents 
of  this  measure  is,  that  in  addressing  themselves 
to  its  consideration  they  will  strictly  confine 
themselves  to  the  fact — not  that  it  is  a  burden 
which  we  are  imposing  upon  the  people,  but 
that  we  simply  leave  it  to  the  people  to  decide, 
and  do  not  undertake  to  decide  for  them,  in 
advance,  upon  a  measure  of  such  great  and 
general  importance. 

Mr.  KENNEDY.  I  wish  merely  to  explain 
how  I  shall  vote,  and  to  give  my  reasons. 
You.  Mr.  President,  and  every  other  member  of 
the  former  Convention,  will  recollect  that  I  was  a 
warm  advocate  in  that  Convention  of  the  Pacific 
Railroad,  and  of  an  appropriation  for  it.  But, 
like  the  gentleman  from  Storey  (Mr.  DeLong,)  I 
have  changed  my  views,  and  for  the  same  rea- 
sons, namely,  the  statements  of  the  President 
of  that  road.  Mr.  Stanford  stated  the  cost  of 
the  road,  I  believe  at  about  fourteen  millions  of 
dollars. 

The  PRESIDENT.  I  think  it  was  fifteen  or 
twenty  millions. 


394 


PACIFIC  RAILROAD. 


[11th  day. 


Friday,] 


Kennedy — Nourse — Fitch — DeLong. 


[July  15. 


Mr.  KENNEDY.  Well;  fifteen  or  twenty  I 
millions.  I  considered  that  that  was  the  cost  t 
from  the  commencement  to  the  completion  of  i 
the  road.  Now  what  are  the  assets  of  the  com-  \ 
pany '!  My  figures  are  rather  larger  than  those 
of  the  gentleman  from  Storey  (Mr.  DeLong.)      j 

We  hare  first,  an  appropriation  from  the  State  ; 
of  California  of  ten  thousand  dollars  per  mile,  | 
for  the  one  hundred  and  forty-four  miles,  which  ; 
is  the  estimated  distance,  amounting  to  one 
million,  four  hundred  and  forty  thousand  dol- 
lars. Then  I  estimate  the  guarantee,  or  rather 
the  payment  l)y  the  State  of  California,  of  seven 
per  cent,  on  one  million  and  a  half  of  the  com- 
pany's bonds,  for  twenty  years,  at  one  million, 
fivehundred  thousand  dollars,  though  it  will 
really  come  to  more  than  that.  Then  they  have 
their" first  mortgage  of  forty-eight  thousand  dol- 
lars per  mile,  making  six  millions,  nine  hundred 
and  twelve  thousand  dollars.  Then  there  are 
Government  bonds,  amounting  to  six  millions, 
nine  hundred  and  twelve  thousand  dollars  more. 
Then  there  are  the  appropriation  by  San  Fran- 
cisco of  six  hundred  thousand  dollars,  of  Placer 
County,  two  hundred  and  fifty  thousand,  and 
of  Sacramento  County,  three  hundred  tnousand 
dollars.  And  lastly,  there  is  the  appropriation 
by  Congress  of  twelve  thousand,  eight  hundred 
acres  of  land  per  mile,  which,  I  thinli,  at  a  very 
low  estimate,  will  certainly  be  worth  two  dol- 
lars per  acre,  maliing  a  total  for  the  land  of 
three  millions,  six  hundred  and  eighty  six  thou- 
sand four  hundred  dollars.  That  makes  alto- 
gether an  aggregate  amount  of  twenty-one 
millions,  six  hundred  thousand,  and  four  hun- 
dred dollars,  besides  which  they  have,  accord- 
ing to  their  own  statement,  thirty-one  miles  of 
railroad  already  made  and  paid  for.  Now  if 
the  entire  road  is  going  to  cost  but  fourteen 
millions  or  sixteen  millions,  there  are  from  five 
to  seven  millions  over  ;  and  even  if  you  put  it 
at  twenty  millions,  then  there  are  more  than  a 
million  and  a  half  of  dollars  already,  over  and 
above  the  cost,  to  go  back  into  the  pockets  of 
the  stockholders.  They  have  all  this  land 
from  the  Government ;  they  have  the  road 
for  thirty-one  miles,  completed  and  paid  for, 
and  the  rolling  stock  for  a  distance  of  sixty 
miles  paid  for. 

Mr.  NOUllSE  (in  his  seat.)    And  the  iron. 

Mr.  KENNEDY.  And  the  iron,  and  every- 
thing ready  for  the  track.  Now  I  do  say  that  a 
railroad  which  is  in  circumstances  like  these 
should  not  receive  aid  from  this  Territory  to 
the  amount  of  three  millions  of  dollars,  when 
every  one  knows  that  the  real  question  in  our 
coming  canvass  will  be  whether  we  shall  or 
shall  not  be  able  to  pay  the  expenses  of  a  State 
Government. 

Mr.  FITCH.  Is  the  gentlemen  under  the  im- 
pression that  with  that  showing,  if  it  could  be 
made,  the  Legislature  would  be  foolish  enough 
to  grant  the  aid? 

Mr.  DkLONG.  They  might  be  as  foolish  as 
that,  if  we  are. 

Mr.  KENNEDY.    Now  a  word  as  to  this  idea 


of  leaving  it  to  the  Legislature.  I  know,  young 
as  I  am,  something  of  human  nature,  and  I 
know  that  a  powerful  corporation,  like  this 
Pacific  Railroad  Company,  will  be  able  to  in- 
fluence the  Legislature,  and  the  people,  sufii- 
ciently  to  carry  the  appropriation  through.  Not 
that  I  suppose  all  men  are  corrupt — I  say 
nothing  of  the  kind — but  they  will  use  their 
money  to  employ  persons  to  place  their  views 
before  the  Legislature,  and  befoi'e  the  people, 
in  such  a  light  as  to  make  it  appear  that  it 
would  be  favorable  to  the  interests  of  the  State 
to  make  this  appropriation,  and  there  will  be  no 
person  employed  on  the  other  side  whose  busi- 
ness it  will  be  to  show  the  fallacy  of  their  argu- 
ments. I  contend  that  we  are  capable  and 
competent  to  judge  of  this  matter,  and  I  be 
lieve  that  we  should  decide  it. 

Not  only  that,  but  I  know  the  sentiments  of 
my  constituents  on  this  subject.  I  kuow  that 
during  the  campaign  upon  the  old  Constitution 
this  provision  was  strongly  opposed.  Although 
it  was  guarded  by  requiring  a  vote  of  two- 
thirds  of  the  Legislature,  and  a  subsequent  vote 
of  the  people,  yet  it  was  considered  that  by 
placing  it  there  it  was  made  absolutely  certain 
that  the  money  would  be  appropriated.  I 
know  that  every  calculation  of  expenditures 
made  by  the  opponents  of  the  former  Constitu- 
tion, was  made  to  include  the  three  hundred 
thousand  dollars  of  interest  on  the  three  mil- 
lions of  bonds  that  was  to  be  paid  every  year. 
That  was  the  calculation  in  our  county,  and 
the  people  believed  it  was  a  correct  calculation. 
Now  I  am  willing  to  take  the  chance  of  my  con- 
stituents indorsing  my  action  in  opposing  any 
appropriation  whatever  for  the  Pacific  Rail- 
road under  the  circumstances  as  they  exist. 

And  here  is  another  point :  suppose  we  au- 
thorize the  appropriation  under  all  these  guards 
and  restrictions — the  appropriation  cannot  be 
made  before  the  Legislature  meets,  in  January 
next  ;  they  certainly  will  have  to  take  time 
to  think  over  and  discuss  the  matter  before 
voting  upon  it,  and  the  action  of  the  Legisla- 
ture cannot  be  ratified  by  the  people,  (al- 
lowing the  shortest  possible  time,)  under 
one  year  from  now.  But  Governor  Stanford 
said  that  he  had  no  doubt  the  railroad  would 
be  completed  inside  of  three  years  with- 
out the  aid  of  Nevada,  and  he  could  not  give 
any  estimate  of  how  much  that  aid  would  hasten 
the  time  of  its  completion,  even  if  the  appro- 
priation were  made  in  the  manner  he  wished  to 
have  it  made. 

Mr.  DeLONG.  Did  not  he  say  he  did  not 
know  that  it  would  .shorten  the  time  any  ? 

Mr.  KENNEDY.  No  ;  I  think  he  said  he  did 
not  know  how  much  it  would  shorten  the  time. 
Now  if  the  road  will  be  completed  without  our 
aid,  or  if  our  aid  will  only  hasten  its  completion 
a  few  months,  I  say  let  us  wait  for  it  those  few 
months,  rather  than  saddle  upon  the  people  of 
the  State  a  tax  of  two  hundred  and  ten  thou- 
sand dollars  every  year.  If  our  bonds  were 
worth  the  three  millions — if  they  would  actually 


11th  day.] 


PACIFIC  RAILROAD. 


395 


Friday,] 


Collins. 


[July  15. 


aid  the  company  to  the  extent  of  three  millions 
of  dollars — then  perhaps  I  might  be  willing  to 
lend  that  aid,  because  it  would  assist  the  road 
materially  ;  but,  as  has  been  stated,  under  the 
most  favorable  circumstances  that  we  can  hope 
for,  our  bonds  to  the  amount  of  three  millions 
will  probably  not  be  worth  more  than  one  mil- 
lion in  the  market,  and  so  we  would  have  to 
pay  three  millions  of  dollars,  while  the  com- 
pany would  receive  the  benefit  of  only  one 
million,  from  our  liberality.  I  am  not  willing 
to  sacrifice  the  people's  money  in  that  way. 

Now,  sir,  my  action  in  voting  on  the  various 
measures  coming  before  the  Convention  will  be 
guided  in  some  degree  by  policy.  Whenever  I 
can  vote  for  an  article  or  section  in  the  Consti- 
tution in  a  form  which,  although  it  may  not 
exactly  suit  me,  I  believe  will  satisfy  the  great 
mass  of  the  people,  without  violating  any  prin- 
ciple, I  am  willing  to  put  it  in  that  shape,  and  I 
believe  that  the  striking  out  of  this  whole  clause 
in  regard  to  an  appropriation  to  the  Pacific 
Railroad  will  meet  the  views  of  my  constitu- 
ents, when  I  can  make  such  a  showing  as  this 
in  regard  to  it,  and  upon  such  good  authority. 
I  have  no  doubt  of  that  whatever. 

Mr.  COLLINS.  I  do  not  think  the  question 
now  before  this  body  is  whether  the  Legislature 
shall  give  three  millions,  or  one  million,  nor 
whether  it  shall  loan  the  credit  of  the  State  to 
the  extent  of  three  millions,  or  one  million. 
The  question  is  not  whether  or  not  the  Pacific 
Railroad  will  be  constructed  under  its  present 
management,  so  as  to  strike  the  line  of  this 
Territory  or  State  within  three  years.  The 
question  is  not  whether  the  views  Governor 
Stanford  expressed  on  this  floor  the  other  day — 
which  certainly  did  not  make  a  very  favorable 
impression  in  behalf  of  his  claim  on  the  State — 
were  correct  or  not.  nor  whether  this  road  will 
be  completed  in  one,  two  or  three  years,  nor 
whether  the  present  management  will  be  able 
to  carry  it  through  with  the  aid  which  Congress 
has  given,  and  the  donations  and  loans  which 
have  been  made  by  the  State,  and  the  several 
county  organizations  of  California.  But  the 
real  question  before  us  is  this  :  we  propose  here 
to  frame  a  Constitution  which  shall  tie  up  the 
State,  and  its  Legislature,  in  regard  to  the 
amount  of  debt  which  may  be  contracted  in  the 
future,  and  in  doing  that  shall  we  say,  with  our 
present  knowledge  of  the  subject,  that  the  peo- 
ple, and  the  Legislature  of  the  State,  shall  not, 
after  calm  deliberation,  after  examining  all  the 
facts  which  the  Legislature  may  have  before  it. 
three  years,  or  ten  years  from  this  time,  even  if 
that  Legislature  shall  come  to  the  deliberate 
conclusion,  in  view  of  all  the  circumstances 
then  existing,  that  the  State  ought  to  give  this 
railroad  company  some  assistance,  be  permitted 
to  take  that  action  ?  It  is  proposed  that  we 
shall  not  allow  them  to  submit  the  question  to 
the  people — that  the  people  shall  not  be  allowed 
to  have  a  vote  upon  the  question.  I  ask  is  this 
body  disposed  to  tie  up  in  that  manner  that 
legislative  body  which  is  to  represent  the  peo- 


ple in  the  future,  in  regard  to  a  great  national 
work  like  this  ?  I  think  gentlemen  do  not  com- 
prehend the  advantages,  the  importance,  and 
the  grandeur  of  this  great  national  work.  We 
who  live  here  at  the  base  of  the  mountains 
can  get  our  lumber,  our  timber,  and  all  our 
freights,  brought  to  us  at  a  small  expense  com- 
pared with  what  they  cost  the  people  who  live 
in  Humboldt  and  Lander  counties,  and  hence 
we  may  not  feel  the  pressure  as  they  do  ;  but  if 
I  were  a  delegate  from  Lander  County  or  Hum- 
boldt County  I  should  certainly  press  upon  the 
Convention  the  importance  of  tfiis  question  to 
my  constituents,  with  all  the  energy  and  all  the 
skill  I  could  command. 

For  one  I  have  very  little  faith  in  the  opinion 
of  Gov.  Stanford,  or  of  the  members  of  the 
Board  of  Managers,  or  even  of  the  Civil  Engi- 
neer who  made  up  the  estimates  in  regard 
to  the  cost  and  the  time  necessary  to  build 
this  railroad.  I  have  been  too  long  interested 
in  and  acquainted  with  railroad  movements  to 
have  much  confidence  in  anybody's  estimates. 
I  rely  rather  upon  practical  results,  as  they  are 
developed  day  by  day.  How  often  are  we  de- 
ceived by  similar  estimates  of  mining  opera- 
tions. For  instance,  we  have  a  tunnel  of  a  cer- 
tain distance  to  run.  and  an  engineer  estimates 
that  it  will  cost  such  an  amount  and  can  be 
completed  within  say  six  months  ;  but  we  find 
in  practice,  notwithstanding  the  most  careful 
estimates,  that  both  the  time  and  the  expense 
may  be  doubled  and  in  some  cases  quadrupled. 
It  has  been  found  that  works  of  this  nature 
would  take  six  years  to  complete,  and  cost  two 
hundred  thousand  dollars,  which  but  a  few 
years  ago  were  estimated  upon  at  about  six 
months  time  and  ten  thousand  dollars.  Why, 
sir,  this  vei-y  railroad  company,  even  in  getting 
as  far  as  Newcastle,  has  met  with  unforscen 
obstacles.  Instead  of  mere  soil  or  gravel  they 
have  had  to  cut  through  beds  of  cement,  and  a 
kind  of  rock  as  hard  as  iron,  upsetting  all  calcu- 
lations of  the  engineers.  Instead  of  costing 
thirty  or  forty  cents  per  yard  for  excavation,  it 
has  cost  them  perhaps  ten  dollars.  If  they  have 
encountered  such  obstacles  even  on  the  level 
plains  of  the  Sacramento  Valley,  where  one 
would  suppose  that  the  earth  could  have  been 
shoveled  up  and  removed  without  the  use  of  a 
pick,  what  may  not  they  encounter  in  the 
mountains  ?  In  crossing  those  plains,  only 
eight  or  ten  inches  down,  they  struck  a  hard 
pan  v,'hich  nothing  but  the  pick  could  break 
up,  and  they  had  to  spread  over  acres  and  acres 
of  land  on  either  side  of  the  road  in  order  to 
get  material  to  make  their  embankments.  That 
was  something  which  had  never  entered  into 
the  calculations  of  the  engineers.  _  And  as  they 
cross  the  Sierra  Nevada  Mountains,  which  are 
practically  a  terra  incognita  to  the  engineers 
and  the  management,  how  do  we  know  but  they 
will  find  the  hardest  of  rocks,  perhaps  of  the 
iron  stone,  and  trap  types  ?  How  do  we  know 
but  that  instead  of  thirty  cents  it  will  cost  them 
perhaps  thirty  dollars  per  yard  for  excavations  ? 


396 


PACIFIC  RAILROAD. 


[11th  day. 


Friday,] 


Collins — DeLong. 


[July  15 


I  remember  once  driving  a  shaft,  on  which  an 
engineor  had  estimated  tiie  cost  at  three  dollars 
and  a  half  per  foot,  but  after  I  had  driven  it 
down  about  fourteen  feet  it  cost  me  thirty-six 
dollars  a  foot.  That  exemplifies  the  uncertainty 
of  an  engineer's  statements,  whenever  he  goes 
down  further  than  the  eye  can  reach. 

Now  I  remember  when  Mr.  Crocker,  who  is 
now  a  contractor,  but  was  then  one  of  the 
managers  of  this  railroad  company,  came  to 
Virginia,  and  endeavored  to  interest  me  and 
otliers  in  this  movement.  lie  wanted  me  to 
take  the  books,  and  obtain  subscriptions  to  the 
stoclc  of  the  company  in  Virginia.  I  told  him 
that  where  money  was  loaned  out  at  from  five 
to  ten  per  cent,  per  month  it  was  useless  to  at- 
tempt it,  but  he  was  hopeful  about  it  and 
thought  we  could  raise  a  million  of  money 
there.  He  went  away  not  with  the  money  in 
his  pocket,  but  "  with  a  flea  in  his  ear."  But 
what  I  was  going  to  say  in  that  connection  is, 
that  at  that  time  the  calculation  was  that  this 
road  would  reach  a  point  within  fifty  miles  of 
Virginia  inside  of  three  years.  I  asked  him 
'•  Have  not  you  some  doubt  though  about  get- 
ting the  money  ?  "  •'  Oh  no,"  he  said,  "  we  can 
raise  all  the  money  we  want  in  California." 
Now  is  Gov.  Stanford's  judgment  any  better  at 
this  time  than  Mr.  Crocker's  was  then  ?  He 
thought  the  road  would  reach  within  50  miles  of 
Virginia  in  three  years,  but  two  and  a  half  years 
have  elapsed,  and  the  road  has  only  been  com- 
pleted thirty-one  miles  from  the  starting-point, 
notwithstanding  all  the  subsidies  which  have 
been  granted  by  the  United  States,  and  Cali- 
fornia, from  which  they  have  not  yet  been  able 
to  obtain  any  money. 

The  Government  of  the  United  States  has 
been  very  liberal,  but  its  liberality  does  not 
build  the  road.  It  will  donate  forty-eight 
thousand  dollars  per  mile  from  a  point  eight 
miles  this  side  of  Sacramento,  and  sixteen  thou- 
sand dollars  per  mile  from  Sacramento  to  that 
point,  so  that  when  gentlemen  reckon  the  forty- 
eight  thousand  dollars  per  mile  of  the  first 
mortgage  which  they  are  authorized  to  make, 
and  the  forty-eight  thousand  dollars  per  mile  of 
the  aid  from  the  United  States  government  to 
follow  that,  they  must  count  it  from  that  point, 
eight  miles  this  side  of  Sacramento.  Now  I 
ask.  taking  this  forty-eight  thousand  dollars  per 
mile  of  the  first  mortgage  bonds,  and  the  govern- 
ment subsidy  for  an  ecpial  amount  of  bonds,  how 
much  money  do  you  suppose  they  will  realize? 
And  remember  that  the  road  must  be  built  with 
money,  not  with  bonds.  They  have  not  yet 
been  able  to  realize  anything.  And  why? 
Why,  sir,  the  distinguished  gentlemen  from 
Sacramento,  Gov.  Stanford,  in  conversation 
with  me  last  night,  said  if  they  had  had  money 
BuflRcient  the  road  would  have  bern  comi)leted 
to-day  a  distance  of  sixty  miles,  instead  of  only 
thirty-one  miles,  and  I  have  no  doubt  of  it. 
I  should  not  be  surprised  if  the  present  cour- 
ageous and  hopeful  management  of  this  gigan- 
tic enterprise  should  fall  beneath  its  pressure. 


and  that  it  should  pass  into  other  hands   to  se- 
cure its  completion. 

They  may  find  their  means  incompetent  to 
carry  the  road  through.  It  may  exhaust  all 
their  resources,  and  the  expense  be  so  much 
greater  than  they  had  ever  anticipated  that  they 
will  be  forced  to  give  it  up.  That  has  been  the 
history  of  many  railroads.  The  first  party  un- 
dertaking the  railroad  lost  money  by  it. 
Then  the  second  party  came  in  and  lost  by 
it,  and  then  the  third  party  went  in,  and 
perhaps  by  the  very  "  skin  of  his  teeth,"  was 
able  to  weather  the  cape,  and  complete  the 
road.  And  we  should  not  be  surprised  if  this 
enterprise  should  have  the  same  history.  I  tell 
you,  Mr.  President,  it  is  a  gigantic  undertaking, 
which  may  well  appall  the  hearts  of  the  most 
energetic  and  hoj)eful.  I  am  pleased  to  find 
that  there  are  men  in  our  country  so  hopeful  and 
so  energetic  that  they  are  willing  to  risk  their  all 
in  prosecuting  this  work.  They  are  laying  a 
foundation,  which  will  have  the  effect  of  en- 
couraging others  to  invest  their  all  in  it,  and 
then  a  third  party  may  come  in.  and  ultimately 
this  great  and  grand  work  of  all  the  centuries 
shall  be  completed.  And,  Mr.  President,  just  in 
proportion  as  the  expense  and  the  difficulties 
to  be  surmounted  threaten  to  delay  that  great 
work,  just  in  that  proportion  do  I,  for  one,  feel 
bound  to  encourage  everybody  to  enter  into  it, 
and  give  it  aid.  We  are  too  poor  to  delay 
the  work.  If  we  make  no  provision  for  it  here 
the  day  may  come  when  this  Constitution  will 
have  to  be  altered  by  reason  of  the  pressure 
upon  the  State  for  the  want  of  that  railroad,  so 
that  the  people  may  give  their  votes  to  aid  in 
its  construction.  I  hope  therefore  that  we  shall 
not  undertake  to  pronounce  to-day  in  regard  to 
the  future.  I  hope  that  we  shall  not  decide  that 
our  knowledge  is  so  great,  that  we  are  so  wise, 
that  our  minds  penetrate  so  deeply  into  the 
future,  that  we  know  more  than  those  who  are  to 
come  after  us  ever  can  know,  and  therefore  we 
tie  up  their  hands,  and  say  that  they  shall  not 
expend  their  own  money  for  their  own  benefit, 
or  for  the  benefit  of  the  State.  I  ask  gentle- 
men who  propose  to  do  this  thing  to  pause  and 
reflect.  If  you  are  going  to  make  a  prohibition, 
and  that  is  the  specific  question  before  us,  I  ask 
yon  to  pause  ere  you  put  down  the  brakes  to 
arrest  the  momentum  of  the  people  in  favor  of 
this  grand  work  of  the  future.  Do  not  believe 
every  enthusiastic  man  who  comes  before  you, 
or  whom  you  meet  in  the  street,  or  who  has  an 
interest  in  the  completion  of  this  work,  and 
thinks  that  it  is  going  to  be  done  in  such  or 
such  a  time,  or  at  such  or  such  an  estimated 
cost.  I  told  the  Convention  the  other  day  that 
I  thought  it  Avould  take  six  or  eight  years  at 
least  to  build  the  road,  and  now  after  all  that 
has  been  said  upon  this  suljject,  I  really  believe 
it  will  take  ten  very  long  years  to  bring  that 
railroad  hen;,  with  all  the  aid  which  the  com- 
pany can  bring  to  bear  in  advancing  it. 

Mr.  DeLONG.  Do  I  understand  that  my 
colleague  believes  so  now? 


lltb  day.] 


PACIFIC  RAILROAD. 


897 


Friday,] 


Collins — E.uiL — Kennedy — DeLong. 


[July  15. 


Mr.  COLLINS.  I  believe  so  now.  I  have  had, ! 
I  think,  as  much  experience  in  railroad  mat- 
ters as  Mr.  Stanford  has.  I  know  as  well 
what  has  been  the  history  of  other  railroads, 
and  the  difficulties  which  they  have  had 
to  encounter  and  overcome.  I  know  that  whole 
armies  of  stockholders  have  lost  their  all  by 
them,  and  that  other  armies  following  have 
been  ruined  also,  and  at  last  they  have  had  to 
apply  to  State  Legislatures  to  complete  such 
works.  I  ask  gentlemen,  therefore,  to  pause 
ere  they  place  their  hands  upon  this  work,  or 
take  such  action  that  if  the  people  in  the  future 
ever  do  want  to  take  hold  and  complete  the 
work,  they  will  have  to  change  our  action  of 
to-day  to  enable  them  to  do  it. 

Mr.  EARL.  I  am  one  of  those  who  favored 
the  clause  leaving  to  the  people,  or  rather  to 
the  Legislature,  subject  to  the  sanction  of  the 
people,  the  right  to  donate  or  to  pay  the  inter- 
est on  these  bonds.  The  proposition  of  my 
colleague  (Mr.  Fitch)  now  is,  that  the  interest 
only  shall  be  paid  by  the  State.  The  opposi- 
tion to  that  proposition  is  certainly  ingenious, 
and  the  facts  and  figures  presented  in  opposi- 
tion to  it  are  certainly  very  ingeniously  arrayed. ' 
If  it  would  not  be  regarded  as  saying  almost  too 
much,  I  would  say  that  it  savors  of  toll  road 
opposition  ;  at  all  events,  it  looks  to  me  so.  It 
seems  to  me  strange  that  the  younger  portion 
of  our  representation  here  should  oppose  a 
measure  like  this,  and  certainly  their  opposition 
is  not  in  accordance  with  what  we  generally 
imagine  to  be  the  young  America  style. 

Mr.  KENNEDY.  I  will  state  right  here  that 
I  do  not  know  three  gentlemen  in  California 
who  have  anything  to  do  with  this  railroad  one 
way  or  the  other. 

Mr.  DeLONG.  I  do  not  know  of  anybody 
who  is  opposed  to  the  railroad  unless  it  be  the 
keepers  of  toll  gates. 

Mr.  EARL.  I  think  these  gentlemen  must 
have  been  talking  with  those  parties  then,  very 
lately,  and  must  have  become  impregnated 
with  their  sentiments.  Now,  sir,  is  this  the  only 
wise  body  which  is  ever  to  assemble  in  this 
legislative  hall?  That  is  the  question.  Are 
we  to  legislate  in  this  instrument,  and  say  that 
the  people  shall  not  do  this,  and  that,  and  the 
other  thing?  I  consider  that  we  are  here  only 
to  establish  the  landmarks.  The  Legislatures 
which  are  to  succeed  us  can  tell  better  in  future 
times  what  the  necessities  of  the  State  require, 
than  we  can  tell  now.  I  had  no  doubt  that  my 
friend  from  Minnesota  (Mr.  Nourse)  would  op- 
pose this  measure — no  doubt  of  it  at  all.  But, 
sir,  this  is  a  matter  of  great  importance,  and 
one  that  is  not  to  be  made  light  of.  We  pro- 
pose only  to  leave  it  to  the  Legislature,  if  they 
plca^^e,  to  pay  the  interest  on  these  bonds,  or 
if  they  think"  that  would  be  the  wiser  course, 
to  let  "it  alone.  Whatever  they  may  do  about 
it  will  be  all  right.  Cannot  we  trust  to  our 
future  Legislatures  ?  Will  not  they  know  what 
are  the  interests  of  the  people  better  than  we 
do?    Suppose,  as  has  been  suggested  by  my 


colleague,  (Mr.  Collins,)  the  construction  of  the 
road  is  retarded,  which  is  almost  invariably  the 
case  in  such  enterprises— suppose  after  they 
reach  a  certain  point  they  are  compelled  to 
abandon  it  for  want  of  means.  Will  not  the 
aid  of  the  State  then  be  an  advantage  ?  These 
are  the  facts  before  us  for  our  consideration.  I 
was  glad  to  hear  Governor  Stanford  express  the 
sanguine  hopes  which  he  entertained.  I  say 
there  is  no  good  reason  why  we  should  not  do- 
nate this  amount,  or  at  least  leave  the  Legisla- 
ture to  donate  it  as  we  have  propo.sed  to  do. 

I  am  opposed  to  leaving  it  indefinite  as  to  the 
road  which  is  to  receive  the  aid,  from  the  fact 
that  that  would  be  raising  a  doubt  as  to  the 
ability  of  this  company  to  carry  the  work  for- 
ward, and  in  that  way  it  would  be  aiding  the 
opposition  to  the  road.  We  ought  to  take  hold, 
if  we  do  take  hold  at  all,  of  one  road.  If  there 
were  two  railroads  in  progress,  both  asking  our 
aid,  with  equal  advantages,  which  in  point  of 
fact  is  not  the  case,  still  I  would  say  that  the 
State  should  take  hold  of  one,  and  not  of  both, 
because  it  is  certain  that  only  one  road  will 
ever  be  built.  As  I  remarked  the  other  day,  I 
should  not  be  willing  to  restrict  the  road  to 'the 
expenditure  of  money  within  the  State.  I 
would  go  beyond  Snow  Tent  to  meet  them,  and 
aid  them  to  reach  the  State  line,  and  then  the 
road  will  be  a  paying  institution.  From  that 
point  forward,  with  the  aid  they  already  have, 
the  road  will  be  built  beyond  any  question. 
Once  it  gets  that  far,  there  will  be  help  aftbrded 
within  this  State,  by  stock  subscriptions.  It 
would  be  demonstrated  then  that  investments 
in  the  enterprise  would  be  paying  investments, 
and  men  with  money  would  come  forward  lib- 
erally. Once  the  road  reaches  our  State  line  I 
would  consider  it  an  accomplished  ftict,  for  then 
the  great  obstructions  will  all  have  been  over- 
come. 

Now,  sir.  in  relation  to  this  enormous  sum  of 
two  hundred  and  ten  thousand  dollars  a  year 
which  we  would  have  to  pay  for  interest,  it'  the 
Legislature  provides  for  the  payment  of  the  in- 
terest on  the  full  amount  of  bonds — one  gen- 
tleman has  said  it  would  amount  to  the  enormous 
sum  of  four  millions  of  dollars,  but  we  do  not 
provide  that  the  Legislature  shall  pay  interest 
on  three  millions,  nor  on  one  million,  nor  on 
one  hundred  dollars.  We  leave  that  entirely  to 
those  who  are  to  come  after  us.  They  may  re- 
strict it  to  one  thousand,  or  one  million,  or  any 
other  sum,  or  give  nothing  at  all,  just  as  they 
shall  judge  to  be  best.  We  do  not  legislate,  nor 
do  we  say  what  the  Legislature  shall,  or  shall 
not  do.  Will  gentlemen  adopt  such  a  narrow 
and  contracted  view  as  to  refuse  to  leave  the 
future  of  our  State  untrammelled  ?  There  are, 
as  I  said  before,  others  in  the  State  whose  wis- 
dom is  as  great  as  ours,  and  who,  I  hope  and 
believe,  will  know  what  is  for  the  interest  of 
the  State  better  than  we  do.  How  is  this 
money  to  be  paid  ?  Not  necessarily  in  gold 
pieces,  as  some  gentlemen  seem  to  think.  If 
the  Government  currency  should  stand  as  it  is, 


398 


PACIFIC  RAILROAD. 


[11th  day. 


Friday,] 


Earl — McClinton — Nourse. 


[July  15. 


or  even  in  a  much  better  position,  the  expense 
to  the  people  will  not  be  great.  If  we  author- 
ize the  Leo-islature  to  grant  this  aid  they  may 
grant  it  in  the  currency  of  the  country,  and  that 
would  decrease  the  amount,  in  the  present  con- 
dition of  the  currency,  nearly  one  half.  But, 
as  one  oentlenian  who  preceded  me  has  said, 
this  aid^'cannot  be  given  within  one  year  from  , 
this  time  at  the  least.  We  are  not  proposing 
now  to  issue  the  bonds,  but  only  to  authorize 
the  Legislature  to  pay  the  interest  on  bonds  ot 
the  railroad  company,  and  those  payments 
would  be  made  gradually.  We  would  be  mak- 
iii"-  payments  from  year  to  year,  and  not  launch- 
ing out  at  once  iuto  alarge  expenditure.  While 
we  were  making  the  payments  from  time  to 
time,  we  should  be  receiving  all  the  time  more 
and  more  of  the  benefits  to  be  derived  troni  the 
railroad.  Even  when  the  road  reaches  Dutch 
Flat,  who  doubts  that  it  will  be  of  enormous 
value  to  this  community,  and  if  we  can  get  it 
to  Crystal  Peak,  or  even  nearly  to  that  point,  it 
will  be  worth  more  to  the  State  than  the  inter- 
est on  this  whole  three  millions  of  dollars.  I 
hope  the  Convention  will  be  controlled  by  lib- 
eral views  and  not  by  the  narrow,  contracted 
views  of  those  who  are  interested  in  toll-roads 
and  other  interests  which  must  necessarily  go 
down  whenever  the  railroad  is  built.  There  are 
no  doubt  large  interests  in  this  Territory  repre- 
sented by  those  who  have  invested  their  money 
in  toll-roads.  Such  institutions  are  now  a  ne- 
cessity to  us,  but  that  is  nevertheless  no  reason 
why  we  should  endeavor  to  check  this  work 
which  is  of  so  much  importance  to  our  whole 
community. 

I  indulge  the  hope,  and  have  for  months  past, 
that  we  shall  have  the  railroad  here  inside  of 
three  years.  I  think  it  may  be  done,  notwith- 
standing the  difficulties  to  be  overcome,  and  I 
hope  it  will  be  done,  even  in  less  time.  I  notice 
that,  as  I  was  reported  the  other  day,  I  was 
made  to  say  that  there  was  sufficient  freight  in 
Storey  County  alone  to  build  the  road  over  the 
mountains.  1  think  1  did  not  so  state.  My  idea 
was  that  there  was  sufficient  I'rieight  there  to  pay 
for  building  a  road  from  A'iiginia  to  Washoe. 
It  is  well  known  that  we  are  paying  enormous 
and  ruinous  amounts  of  money,  for  freights. 
A  large  proportion  of  the  wealth  extracted 
from  our  mines  in  Storej  County  goes  in  that 
way.  But  if  the  road  is  once  built  it  will  im- 
mediately check  that  expenditure,  and  this  will 
be  an  enormous  advantage  to  us.  See,  too, 
what  a  vast  benefit  it  will  be  to  Humboldt 
County,  and  the  Reese  River  region,  and  the 
other  Vemute  portions  of  the  Territory !  We 
should  look  not  only  to  tlu^  interests  of  this  im- 
mediate vicinity,  but  to  the  interests  of  Hum- 
boldt and  Heoe  River,  as  well.  Lumber  is  now 
worth  there  four  Imndi-ed  dollars  a  thousand- 
just  think  ot  that !-  while  we  get  it  here  for  forty 
or  fifty  dollars  a  thousand.  We  do  not  feel  the 
want  of  a  railroad  as  they  do,  and  I  think  if  1 
lived  in  that  ])ortion  of  the  Territory  I  should 
feel  almost  indignant  at  those  gentlemen  who 


wish  to  restrict  and  hamper  the  progress  of 
this  great  work. 

Mr.  McCLINTON.    I  feel  somewhat  "  narrow 
and  contracted,''  as  the  gentleman  last  on  the 
floor    says,    particularly   about    the    financial 
regions,  and  I  would  certainly  oppose,  in  this 
Convention,  anything  that  should  contemplate 
the  immediate  appropriation,  by  the  first  Legis- 
lature, under  our  State   Constitution,  or  any 
I  action    by    them   that  should   necessitate    the 
j  immediate  payment  by  the  people  of  any  such 
amount  as  two  hundred  and  ten  thousand  dol- 
I  lars  a  year,  in  interest  upon  the  bonds  of  this 
State.    I  would   oppose   the   issuance   of  the 
bonds  of  the  State,  or  any  other  action  that 
!  should  require  that  payment  to  be  made,  for 
I  the  reason  that  we  have  scarcely  sufficient  re- 
1  sources  at  the  present  time,  even  to  support  a 
State  Government,  and  to  raise  an  annual  tax 
i  for  the  first  years  of  our  life  as  a  new  State  of 
j  two  hundred  and  ten  thousand  dollars,  or  any 
j  considerable  portion  of  that  amount,  in  addition 
to  the  State  expenses,  would  be  an  impossibility. 
The  ciuestion  with  us  simply  is,  "  To  be  or  not 
to  be."     Are  wo  to  be  taxed  more  than  we  can 
bear,  more  than  we  can  possibly  raise,  for  this 
object,  or  are  we  to  adopt  such  a  course  of 
policy,  and  incorporate  such  a  provision  into 
this  Constitution,  as  will  leave  it  in  our  power 
to  aid  the  construction  of  this  road  to  the  ex- 
tent of  our  ability,  and  at  such  times  as  we 
shall    be    able  to   do  it  without   injuring  the 
credit  of  the  State  ?     I  am  in  favor,  I  want  it 
distinctly  understood,  of  aiding  this  road  to  the 
extent  of  our  ability,  and  the  only  question  is, 
are  we  able  to  do  it  or  are  we  not  ?    I  do  not 
believe  we  are  able  at  the  present  time,  in  ad- 
dition to  sustaining  the   expenses  of  a  State 
Government,  to  pay  annually  two  hundred  and 
ten  thousand  dollars.    It  will  be  as  much  as  we 
can  do  to  support  our  State  Government,  even 
upon  the  most  economical  basis  on  which  we 
can  frame  this  fundamental  law.     1  think  this 
section,  as  it  was  first  proposed  to  be  amended, 
would  be  amply  sufficient.    I  believe  we  need  go 
no  further,  even  for  the  sake  of  an  indorsement 
of   the   road.     I  should  have  no  objection  to 
making  the  section  apply  to  the  Central  Pacific 
Railroad  by  name,  and  if  we   do  that  it  will 
certainly  be  an  ample  indorsement  of  the  road. 
If  that  will  be  of  any  benefit  to  the  Company,  or 
any  aid  to  them  in  negotiating  their  bonds  in 
the  money  markets  of  New  York,  or  London, 
or  Paris,  I  am  willing  they  should  have  the 
benefit  of  that  indorsement.    But  I  am  not  will- 
ing to  provide  that  we  shall  pledge  ourselves 
to  give  any  direct  and  immediate  aid  to  the 
road,  when  I  cannot  see  that  we  have  the  re- 
sources to  meet  the  demauds  which  may  be 
made  against  us. 

Mr.  NOURSE.  I  should  hardly  have  troubled 
the  Convention  upon  this  matter  now,  as  many 
things  which  I  should  like  to  have  said  have 
been  anticipated  by  gentlemen  who  have 
spoken  before  me,  but  that  the  novel  views  of 
the  gentlemen  from  Storey  behind  me   (Mr. 


nth  day.] 


PACIFIC  RAILROAD. 


399 


Friday,] 


TozER — NouKSE — Waewick. 


[July  15. 


Earl)  are  so  absolutely  startling  on  one  point 
that  they  seem  to  call  for  some  reply.  I  refer 
to  his  announcement  that  wisdom  is  not  to  die 
with  this  Convention.  [Laughter.]  I  think 
that  has  not  been  suggested  before,  and  we 
should  hardly  be  just  to  ourselves  if  we  did  not 
consider  that  startling  fact.  Now  I  think  on  the 
whole  the  gentleman  is  probably  right.  I  think 
on  the  whole  that  there  will  be  Legislatures 
hereafter  as  wise  as  this  Convention  is.  I  pre- 
sume there  have  been  in  other  Slates  Legis- 
latures quite  as  wise  as  the  Conventions  which 
framed  their  several  State  Constitutions.  And 
yet,  Mr.  President,  in  every  Constitution  that 
ever  was  framed,  the  great  work  has  been  to 
restrict  the  power  of  the  Legislature. 

Mr.  TOZER  [interrupting.]  I  hope  the  dis- 
cussion will  be  confined  by  the  President  close- 
ly to  the  question  before  the  Convention.  If  it 
is  allowed  to  take  so  wide  a  range  as  it  has 
taken  heretofore,  it  will  prevent  us  from  com- 
pleting our  labors  before  next  fall. 

Mr.  NOURSE.  I  hope  so  too.  Does  the  gen- 
tleman see  any  symptoms  to  the  contrary  in  my 
remarks  ?  [Laughter.]  I  think  I  have  not  wan- 
dered from  the  question. 

The  PRESIDENT.  The  question  is  on  the 
motion  of  the  gentleman  from  Storey  (Mr. 
Fitch)  to  recommit  with  instructions.  The 
Chair  hopes  the  gentleman  from  Washoe  will 
confine  himself  to  that. 

Mr.  NOURSE.  The  gentleman  will,  if  he 
knows  himself. 

The  PRESIDENT.  There  is  a  latitude  of 
debate  allowed  in  Committee  of  the  Whole, 
which  is  not  permitted  by  the  rules  in  the  Con- 
vention. 

Mr.  NOURSE.  I  do  not  ask  any  latitude ;  I 
ask  simply  the  privilege  of  meeting  the  ques- 
tion on  the  ground  of  the  objections  which  have 
been  raised.  The  objection  urged  is,  that  by 
the  article  as  it  now  stands,  we  prohibit  the 
Legislature  from  doing  so  and  so,  and  that  the 
Legislature  is  likely  to  be  as  wise  as  we  are  ; 
and  it  is  upon  the  propriety  of  so  restricting 
the  Legislature  that  I  am  speaking  now,  or 
about  to  proceed  to  speak.  Does  the  gentle- 
man from  Storey  make  any  objection  to  that? 
If  so,  I  do  not  think  it  makes  the  slightest  dif- 
ference. 

The  PRESIDENT.  The  gentleman  will  pro- 
ceed. 

Mr.  NOURSE.  Now,  sir,  is  it  or  is  it  not  the 
province  of  the  Constitution  to  restrict  or  tie 
up  the  Legislature  in  any  respect  ?  If  not, 
what  do  you  mean  in  this  first  article  by  pro- 
viding that  "  the  right  of  trial  by  jury  shall  be 
secured  to  all,  and  remain  inviolate  forever  ?" 
Are  not  the  Legislature  to  be  as  wise  as 
we  ?  Why  not  let  them  fix  it  all  up  by  passing 
laws  establishing  the  right  of  trial  by  jury, 
without  our  interfering  with  it.  AVhy  provide 
that  "  the  free  exercise  and  enjoyment  of  re- 
ligious profession  and  worship,  without  dis- 
crimination or  prefei'ence,  shall  forever  be 
allowed  in  this  State?"    Is  not  the  Legislature 


to  come  after  us  going  to  be  as  wise  as  we? 
We  provide  that  the  privilege  of  the  writ  of 
habeas  corpus  shall  not  be  suspended  except 
in  certain  specified  cases,  but  is  not  the  Legis- 
latui-e  to  come  after  us  likely  to  be  as  wise  as 
we  ?  Is  wisdom  to  die  with  us  ?  Why  not  leave 
all  these  things  with  the  Legislature  ?  "We  do 
not  leave  them  with  the  Legislature  because 
the  province  of  a  Constitution  is  to  restrict  leg- 
islative powers,  which  otherwise  would  be  un- 
limited. And  we  propose  to  restrict  the  power 
of  the  State  to  incur  debts,  which  would  other- 
wise be  unlimited.  Is  not  that  done  by  every 
State  constitution  in  the  United  States  ?  When 
we  do  this  we  do  not  assume  any  unwarranted 
powers  or  prerogatives.  We  put  in  the  Consti- 
tution what  we  think  is  a  wise  and  judicious 
restriction,  upon  the  people,  and  upon  the  Leg- 
islature, and  if  the  people  do  not  like  it  they 
will  reject  it.  We  do  not  determine  the  matter 
absolutely.  It  goes  from  us  as  a  simple  recom- 
mendation, and  the  people  are  to  adopt  the 
Constitution  or  to  reject  it  as  they  please.  No 
one  assumes  to  settle  the  matter  until  the  peo- 
ple shall  vote  on  the  Constitution. 

Now  there  is  another  original  point,  which 
was  made  by  the  gentleman  from  Lander,  (Mr. 
Warwick,)  and  that  is  that  railroads  are  a  bene- 
fit, and  tend  to  develop  the  resources  of  a  coun- 
try. I  do  not  know,  however,  as  that  is  alto- 
gether originial. 

Mr.  WARWICK.  Allow  me  to  interrupt  the 
gentleman  a  moment. 

Mr.  NOURSE.     I  would  rather  not  give  way. 

Mr.  W^IRWICK.  The  gentleman  shall  not 
place  me  in  a  false  position. 

The  PRESIDENT.  The  gentleman  from 
Washoe  declines  to  yield  the  floor. 

Mr.  NOURSE.  I  do  not  think  I  have  misrep- 
resented the  gentleman  in  any  respect.  I 
think  that  no  man  is  more  enthusiastically  de- 
sirous of  seeing  a  railroad  constructed  across 
these  Sierras,  or  of  seeing  a  railroad  built  in 
this  Territory,  and  through  this  Territory,  than 
I  am.  Vie  are  all  in  favor  of  that,  and  we  must 
be  fools,  or  worse  than  fools,  if  we  do  not  de- 
sire it.  And  it  is  simply  upon  the  question, 
whether  this  action,  or  proposed  action,  if  it 
shall  prevail — if  we  reject  this  amendment  by 
which  we  refuse  to  restrict  the  Legislature- 
will  or  will  not  hinder  the  railroad  in  its  con- 
struction, that  we  are  to  argue  this  matter. 

Now  I  am  oppo.sed,  as  I  was  in  the  first  place, 
to  ail  grants  of  aid  by  the  State,  because  I  be- 
lieve the  State  is.  or  will  be,  in  no  condition  to 
make  such  grants.  I  believe  it  will  not  help 
the  railroad  at  all  to  make  any  grant.  I  was 
overruled  in  that  view,  however,  and  there  was 
a  clause  adopted  which  seemed  to  meet  the  ap- 
probation of  a  majority  of  the  Convention, 
allowing  the  State  to  lend  its  aid.  within  our 
own  limits.  Now  an  attempt  is  made  to  change 
that  provision,  and  to  make  the  aid  of  the  State 
take  the  form  of  an  absolute  payment  of  inter- 
est, instead  of  a  loan.  I  think  the  clause  as  it 
stands  does  not  state  whether  it  shall  be  a  loan 


400 


PACIFIC  RAILROAD. 


[11th  dav. 


Friday,] 


Fitch — Noukse. 


[July  15. 


or  a  gift.  If  I  recollect  rightly,  under  that  pro- 
vision the  Legislature  would  have  the  power 
either  to  lend  or  to  donate  money  to  the  rail- 
road company,  to  be  expended  in  the  State. 
As  I  understand  it,  it  is  now  proposed  that  in- 
stead of  tliat  the  State  shall  pay  for  twenty 
years  the  interest,  at  seven  per  cent,  on  the 
bonds  of  the  company  for  three  millions  of 
dollars,  to  be  expended  wherever  the  company 
pleases. 

I  need  not  go  through  all  the  figures  which 
gentlemen  have  presented  here  ;  I  do  not  want 
to  take  up  the  time  of  the  Convention  in  that 
wav.  liut  I  wish  to  say  a  few  words  upon  the 
propriety  and  necessity  of  the  State's  making 
this  donation.  Gentlemen  say  that  the  State 
should  pay  the  interest  on  those  bonds,  because 
it  Mill  strengthen  the  railroad  company  in  the 
market,  and  it  is  upon  that  theory  that  the 
amendment  of  the  gentleman  from  Storey  (Mr. 
Fitch)  is  moved  and  advocated.  This  aid.  then, 
it  is  proposed,  shall  take  the  form  of  the  pay- 
ment ot  the  interest  upon  the  first  mortgage 
bonds  of  the  company.  Now  these  first  mort- 
gage lionds.  to  the  extent  of  forty-eight  thou- 
sand dollars  a  mile,  except  for  the  first  seven 
or  eight  miles,  are  to  be  based  on  the  whole 
property  of  the  road,  of  which  the  thirty-one 
miles  now  built,  without  any  aid  whatever, 
constitutes  a  part,  as  well  as  the  money  laid  out 
in  addition  for  the  iron  and  rolling  stock  for 
sixty  miles  more.  Then  the  road  has  the  sub- 
sequent aid  of  the  United  States  to  fall  back 
upon,  to  the  amount  of  forty-eight  thousand 
dollars  a  mile  in  the  bonds  of  the  United  States. 
Am  I  not  correct?  I  wish  to  look  at  this  mat- 
ter just  as  if  I  were  a  capitalist — which  is  not 
a  supposable  case,  perhaps — and  application 
were  made  to  me  to  loan  money  on  a  building 
already  partly  built.  Good  progress  has  been 
made  on  the  building,  and  I  am  asked  to  loan, 
say  ten  thousand  dollars  upon  it,  with  full  and 
ample  security  that  besides  the  work  already 
done,  ten  thousand  dollars  more  shall  be  ex- 
pended upon  tiiat  building,  after  my  money  is 
laid  out.  Can  there  be  any  better  security  than 
that?  Now  if  this  donation  of  interest  gives 
credit  to  the  bonds,  it  is  to  that  extent  a  help 
to  the  road  ;  but  can  the  strength  which  they 
already  have  be  increased?  What  more  can 
be  asked,  when  the  railroad  company  has  thirty- 
one  miles  already  completed,  and  the  whole  of 
the  rolling  stock  and  iron  for  sixty  miles  pro- 
vided, with  forty-eight  thousand  dollars  per 
mile  from  the  Government  of  the  United  States 
in  pros})ect,  to  say  nothing  of  tiie  liberal  dona- 
tions of  land,  and  the  aid  from  the  State  of 
California,  and  the  various  counties  in  that 
State,  nor  of  the  paying  business  which  is  to  be 
carried  on  over  that  road  from  the  very  first, 
and  in  regard  to  which,  we  are  told  that  the 
freight  business  alone  pays  twelve  millions  of 
dollars  a  year. 

Mr.  FITCH.  That  is  the  freight  business 
with  teams  ;  the  prices  will  be  reduced  by  the 
railroad. 


Mr.  NOURSE.  I  know— but  if  that  is  the 
rate  now,  if  with  teams  hauling  all  our  freight 
it  amounts  to  twelve  millions  a  year,  will  not 
the  amount  of  freight  be  increased  when  it  is 
brought  by  the  railroad,  so  as  to  make  the  busi- 
ness larger  in  the  aggregate?  The  railroad 
may  reduce  the  rates  of  freight,  from  two  and  a 
half,  and  sometimes  ten  cents  a  pound,  the 
prices  now  paid,  to  a  cent  a  pound,  and  the 
gentleman  from  Storey  (Mr.  Collins)  will  testify 
to  the  fact  that  the  amount  of  freight  to  be 
transported  will  multiply  and  increase  ten-fold. 
That  is  the  experience  of  every  railroad.  While 
the  railroad  will  reduce  the  prices  of  freight 
only  one-fourth  on  the  cost  jier  pound,  yet  the 
aggregate  amount  will  certainly  increase  ten- 
fold. But  suppose  the  freight  only  increases  in 
amount  in  the  same  ratio  as  it  is  reduced  in 
price,  still  will  not  the  business  of  the  road 
pay  when  it  will  be  doing  a  freight  business 
amounting  to  twelve  millions  per  annum?  The 
exjierience  of  railroads  all  the  world  over  is, 
that  fifty  per  cent,  of  the  gross  amount  received 
for  freight  is  net  profit.  But  suppose  it  takes 
on  this  road  three-fourths  of  the  receipts  for 
freights  to  pay  expenses.  There  is  no  reason, 
certainly,  why  we  should  estimate  it  higher 
than  that,  although  gentlemen  say  that  it  is 
going  to  be  a  hard  road  to  run  because  it  has 
heavy  grades,  of  a  hundred  and  five  feet  to  the 
mile,  and  sharp  curves  of  five  hitndred  feet 
radius.  It  may  be  that  for  these  reasons  the  cost 
of  running  the  road  will  be  greater  ;  but  by  fix- 
ing the  price  at  one  cent  per  pound  they  will 
receive  an  enormous  price  for  freight,  as  com- 
pared with  the  rates  of  railroads  in  the  east, 
and  therefore  it  seems  to  me  that  the  propor- 
tion between  the  gross  receipts  and  the  net 
profits  will  be  about  what  they  are  on  the  east- 
ern roads.  At  any  rate,  they  will  have  a  net 
profit  of  four  or  five  millions  of  dollars  a  year, 
and  that,  too,  upon  a  road  which  is  not  to  cost 
more  than  fifteen  or  twenty  millions. 

Now  with  such  a  showing  as  to  the  profits  of 
the  road,  with  such  a  security  for  this  one  mort- 
gage, with  the  other  loans  and  donations  on  the 
top  of  that,  with  the  payment  of  the  interest  on 
one  million  and  a  half  by  the  State  of  Califor- 
nia for  twenty  years,  when  the  road  is  com- 
pleted for  thirty-one  miles,  and  all  the  land 
given  by  the  United  States,  and  the  agreement 
by  the  United  States  to  pay  that  large  amount 
per  mile,  with  the  interest  on  the  loan  abso- 
lutely a  gift,  can  it  be  possible  that  this  poor 
little  State  can  add  one  particle  of  credit  to 
the  bonds  of  the  company  in  any  money  mar- 
ket in  the  world  ?  Will  not  their  credit  be  es- 
tablished surely  without  our  aid,  or  our  guar- 
antee ?  I  believe  that  our  guarantee,  even  if  it 
were  perfectly  good,  would  not  help  the  road 
at  all ;  and  with  our  guarantee,  so  doubtful  in 
its  character  as  it  necessarily  must  be,  can  there 
be  any  question  that  it  would  be  a  mere  form, 
which  would  be  of  no  service  whatever  to  the 
railroad  ?  And  if  it  is  proposed  that  instead  of 
a  guarantee,  we  are  to  go  on  and  absolutely 


11th  day.] 


PACIFIC  RAILEOAD. 


401 


Friday.] 


Warwick — Nourse — President. 


[July  15. 


pay  this  interest,  then  comes  up  the  other  fact 
that  the  resources  of  the  railroad  company, 
as  lias  been  abundantly  shown,  are  anijile  to 
build  the  road  without  our  aid,  while  we  are  in 
fact  utterly  unable  to  donate  anything  to  that 
company.  It  seems  to  me  that  in  any  view, 
whether  it  be  to  help  the  road  by  a  gift  out- 
right, or  with  a  view  to  giving  credit  to  the 
bonds  of  the  company,  we  should  be  merely 
going  through  a  farce  if  we  were  to  make  this 
donation. 

But  then  gentlemen  say,  "  Why  not  let  the 
Legislature  do  it  '1  Why  not  leave  it  to  the  dis- 
cretion of  the  Legislature  ?"  Because  we  are 
here,  as  I  have  stated  already,  to  restrict  the 
Legislature.  That  is  the  object  of  a  State  Con- 
stitution. A\'e  are  opposed  to  giving  it,  and  if 
we  can  learn  anytliing  by  experience  we  know 
that  if  it  is  allowed  to  be  done  by  the  Legisla- 
ture, it  will  be  done.  I  cannot  call  to  mind,  in 
all  the  long  list  of  cases  where  there  has  been 
referred  to  the  people  of  a  State  a  proposition 
to  loan  the  State  credit  to  an  enterprise  of  this 
kind,  one  single  instance  where  the  people  have 
voted  it  down.  There  may  be  some  cases  in 
counties  where  it  comes  home  to  people's  pock- 
ets more  directly,  and  where  they  are  better 
able  to  realize  it — there  may  be  some  cases  like 
that  where  such  questions  have  been  voted 
down — but  I  do  not  know  of  any,  and  I  never 
heard  of  any  that  1  now  recollect  of;  while  on 
the  other  hand  1  do  know  of  many  cases  where 
such  questions  have  been  carried. 

Under  these  circumstances  I  protest  against 
the  discredit  sought  to  be  cast  by  the  advo- 
cates of  this  amendment  upon  the  P-resi- 
dent  of  this  railroad  company.  One  of  two 
things  is  true — either  those  railroad  men  are 
competent,  or  they  ought  not  to  be  trusted. 
I  am  disposed  to  believe  that  Governor 
Stanford  is  reliable,  and  that  his  associates  are 
reliable,  and  I  protest  against  the  gentleman 
from  Storey.  (Mr.  Collins,)  attempting  to  cast 
discredit  upon  Governor  Stanford's  statements 
and  conclusions  here.  I  think,  upon  more  ma- 
ture retiection,  that  the  vote  ot  thanks  which 
was  passed  to  him,  and  which  1  thought  at  the 
time  was  absurd,  was  amply  due  to  him.  I 
think  we  ought  to  be  grateful  to  him,  and  I 
think  we  should  trust  to  hia  stateme.its.  He 
knows  best  in  relation  to  the  condition  of  the 
railroad,  and  relying  upon  his  showing,  I  say 
that  that  company  is  infinitely  better  able  to 
pay  the  interest  on  our  bonds  than  we  are  to 
pay  the  interest  on  theirs. 

Mr.  WARWICK.  I  rise  to  a  question  of 
privilege.  I  believe  since  the  assembling  of 
this  Convention,  there  has  been  no  gentleman 
on  this  tloor  who  in  his  communications  with 
his  fellow  members  has  exercised  more  courtesy 
than  I  have.  On  all  occasions  I  have  avoided 
that  low  scurrility  and  contemptible  personality 
which  is  calculated  to  provoke  retort.  On  no 
occasion,  during  debate,  however  exciting  the 
matter,  or  however  interested  I  might  have 
been,  have  I  ever  indulged,  I  think,  in  any  per- 
Z 


sonal  allusion  which  could  possibly  hurt  the 
feelings  of  anybody.  Neither  have  I  attempted 
to  place  anybody  in  a  false  jxisition  by  mis- 
stating his  language  or  misrepresenting  him  in 
any  particular.  But  the  gentleman  who  pre- 
ceded me,  (Mr.  Nourse,)  did  take  occasion  to 
represent  me  as  having  employed  language 
which  I  never  did  use. 

Mr.  NOURSE.  If  the  gentleman  will  allow 
me— 1  did  not  pretend  to  say  precisely  what 
was  the  language  of  the  gentleman.  I  stated 
only  what  I  understood  to  be  the  substance  of 
his  remarks,  and  I  stated  that  that  was  what  I 
understood.  But  if  the  gentleman  did  not  say. 
or  thinks  he  did  not  say,  what  I  understood  him 
to  say,  then  I  certainly  have  no  comment  to 
make  upon  it,  and  I  will  cheerfully  withdraw 
any  comment  I  may  have  made.  I  will  leave  it 
to  him  to  say  whether  I  did  not  state  that  that 
was  what  I  understood  him  to  say — that  is,  to 
argue,  or  to  give  reasons  to  show  why  railroads 
are  desirable.  That  is  certainly  what  I  under- 
stood. 

Mr.  WARWICK.  Sir,  it  is  not  so  much  the 
gentleman's  matter  as  his  manner — not  ad- 
dressed to  me  alone,  but  to  others.  Scarcely 
ever  does  he  rise  here  to  speak  but  that  in  a 
dictatorial  and  offensive  manner  he  wounds  the 
feelings  of  some  gentleman. 

The  PRESIDENT.  The  Chair  thinks  the  gen- 
tleman from  Lander  is  transgressing  his  question 
of  privilege  by  making  reference  to  any  offense 
the  gentleman  from  Washoe  may  have  given  to 
other  members. 

Mr.  WARWICK.  It  is  not  alone  on  this  occa- 
sion— and  I  will  confine  it  to  myself  entirely — 
but  on  an  occasion  previously,  the  gentleman 
used  such  language  that  I  felt  as  if  I  could 
scarely  keep  my  seat. 

Mr.  NOURSE.  I  call  for  specifications — or 
rather,  I  call  the  gentleman  to  order.  I  do  not 
wish  to  be  assailed  in  this  manner. 

The  PRESIDENT.  The  Chair  thinks  the  gen- 
tleman from  Lander  is  transcending  the  privi- 
leges of  debate,  in  referring  to  a  general  mat- 
ter of  complaint  without  specifications.  He 
cannot  be  permitted  to  arraign  the  general  con- 
duct of  a  member. 

Mr.  WARWICK.  Well,  inasmuch  as  it  bears 
upon  this  particular  matter— and  I  will  merely 
refer  to  matters  personal  to  myself — I  only  take 
occasion  to  request  that  that  gentleman,  when 
he  undertakes  to  reply  to  me,  will  confine  him- 
self to  facts,  lest  I  be  compelled  to  use  stronger 
language  in  regard  to  him  than  I  have  used  this 
morning. 

Mr.  NOURSE.  I  call  the  gentleman  to  order. 
I  am  not  here  to  be  bullied  and  threatened,  and 
I  ask  the  Chair  if  it  is  to  be  allowed  ? 

The  PRESIDENT.  The  Chair  thinks  the  gen- 
tleman from  Lander  has  transcended  the  bounds 
of  good  order,  as  he  must  be  aware.  He  will 
endeavor  to  confine  himself  within  the  bounds 
of  legitimacy  in  his  arguments  or  remarks. 

Mr.  WARWICK.  Then  I  will  come  to  order, 
but  I  have  to  say  that  although  I  have  been  in 


402 


PACIFIC  RAILROAD. 


[llth  day. 


Friday,] 


Chapin — NouKSE — Dunne. 


[July  15. 


two  legislative  bodies,  and  passed  through  sev- 
eral heated  debates.  I  do  not  know  as  I  ever 
was  plaeed  in  such  a  position  as  the  gentleman 
from  Washoe  attempted  to  place  me  in  this 
morning. 

Mr.  ClIAPIN.  Mr.  President,  I  propose  to 
occupy  only  a  moment  of  the  time  of  the  Con- 
vention. 

Mr.  NOURSE  [interrupting.]  I  wish  (o  say 
a  word  in  response  to  the  gentleman  from 
Lander,  if  the  gentleman  from  »Storey  will  al- 
low me. 

Mr.  CIIAPIN.    Certainly. 

Mr.  NOUKSE.  1  wish  to  say  that  towards 
the  gentleman  from  Lander  I  have  entertained 
and  do  entertain  none  l)iit  the  kindest  feelings. 
and  I  do  not  know  a  gentleman  on  the  floor 
towards  whom  I  do  not  entertain  such  feelings. 
And  1  challenge  any  man  in  tills  ("onveiition  to 
point  out  one  discourteous  word  of  mine  to- 
wards that  gentleiuan,  or  any  other.  But  a 
gentleman,  and  his  arguments,  are  two  very 
ditferent  things,  and  I  claim  the  privilege,  as 
other  gentlemen  claim  it.  when  an  argument,  or 
what  is  ])Ut  forth  as  such,  seems  to  me  to  be  ab- 
surd, unreasonable  or  illogical,  to  attack  it  in 
those  respects.  I  claim  the  right  and  privilege. 
and  if  I  cannot  have  it  1  do  not  want  to  be  here, 
to  place  such  an  argument  in  its  j)roper  light. 
I  submit  to  the  Convention  whether  I  have  not 
taken  that  course,  and  if  gentlenuni  use  argu- 
ments which  in  their  nature  are  susce))tible  to 
ridicule  the  fault  is  not  mine.  If  there  is  any 
fault  of  nuuuier  in  me  that  seems  to  )je  disre- 
spectful to  that  gentleman,  or  to  any  other  gen- 
tleman, 1  am  sorry  for  it.  I  kiU)W  that  frecpient- 
ly  men  have  faults  of  style,  of  which  they 
are  not  themselves  aware.  Now  I  have  been 
charged  here,  from  day  to  day,  with  being 
actuated  by  moti\('s  wiiicli,  as  often  as  I  dis- 
avowed them,  were  nevertheless  charged  upon 
me  again.  But  when  1  was  assailed  as  to  my 
motives,  when  I  was  charged  with  interested 
motives  in  relation  to  toll-roads,  I  did  not  fling 
back  in  return  -railroad  influence  I  ■'  Have  1 
charged  railroad  inlhR'nccuimn  any  man'.'  Have 
I  made  a  single  disres|)ectful  allusion  to  the  gen- 
tleman from  J^ander.  or  any  other  gentleman, 
that  he  should  take  offense  at?  if  so,  1  have 
not  been  aware  of  it.  I  claim  the  right,  how- 
ever, and  it  seems  to  me  that  if  you  deny  that 
you  had  lietter  give  up  all  discu.«sion,  to  speak 
of  the  arguments  of  gentlenu'ii  in  tlie  maiuu'r 
they  seem  to  me  to  deserve.  In  icgard  to  gen- 
tlemen themselves,  it  is  a  very  ditl'ereiit  matter. 
I  have  tauntt'd  no  man  ami  indulged  in  no 
flings  against  any  man  intentioiuilly. 

Mr.  ("ILVPIN.  If  these  personal  matters  are 
done  with.  1  will  jiroeeecl.  It  seems  to  me  that 
the  views  <jf  gentlenuMi  have  ciianged  some- 
what, since  the  statenu'uts  whicli  (jovertior 
Stanford  made  lu're  the  otiier  day,  and  1  am 
free  to  confess,  for  myself,  that  if  I  had  as  full 
confidence  as  some  gentlemen  seem  to  have  in 
the  realization  of  all  the  funds  nece.«sary  to  lie 
provided  for  the  prosecution  of  this  great  work, 


I  doubt  very  much  whether  I  would  vote  to  aid 
it,  if  the  question  were  now  to  be  referred  to 
tim  people,  for  such  an  appropriation  as  we 
projjose  here  to  authorize.  But  I  agree  with 
my  colleague  from  Storey  (Mr.  Fitch)  that  there 
is  a  great  deal  of  doubt  cast  over  the  (juestioa 
whether  or  iu)t  those  expectations  will  l)e  real- 
ized. 1  do  not  believe  it.  And  now  I  simply 
want  to  state  that  I  believe  sincerely  we  cannot 
afford  to  put  into  the  Constitution  here  a  clause 
which  shall  jirohibit  the  ]ieo]»le  from  ever  ren- 
dering any  aid  to  the  Paciflc  Uailroad.  if  they 
wish  to  do  it.  The  amcuuit  specified  here  I 
kmiw  seems  to  be  large,  but  that  can  be  modi- 
fied before  it  is  submitted  to  the  people,  it  we 
put  in  no  imperative  langimge,  providing  that 
it  shall  be  so  nuich,  and  no  more.  But  even  in 
regard  to  this  amount  of  two  hundred  and  ten 
thousand  dollars  a  year,  though  a  large  amount, 
yet  we  must  remember  that  there  are  other 
large  figures  which  we  are  now  ct)mi)elled  to 
face,  month  after  month,  and  year  aftt-r  year, 
and  there  is  no  escape  for  us.  Why,  sir.  that 
two  hundred  and  ten  thousand  dollars  will 
barely  pay  our  teamsters"  wages  for  one  month. 
It  is  estimated  that  we  have  three  thousand 
teamsters  now  engaged  in  bringing  our  freights 
and  supplies  across  the  mountains,  and  if  you 
estimate  their  wages  at  an  average  of  seventy 
dollars  per  mouth  it  just  covers  this  amount  of 
two  hundred  and  ten  thousand  dollars.  That  is 
what  we  are  paying  out  every  month  instead  of 
every  year.  Sir,  1  say  it  is  l)eyond  all  (juesticui 
that  we  cannot  afford  to  continue  to  p;iy  the 
immense  sums  which  we  are  now  paying  for 
freights,  and  therefore  I  want  to  leave  the  ques- 
tion to  the  wisdom  of  the  Legislature  hereafter. 
Let  them  decide  it,  when  they  see  how  the  great 
work  ])rogresses  ;  and  if  it  does  not  ]>rogress,  if 
they  see  they  are  likely  to  lie  disajiiiointed  as  to 
its  comjilction,  if  there  is  failure  on  the  rigid  hand 
and  on  the  left,  and  nojirosijectof  any  coiupany 
providing  us  witii  this  gieat  work  of  necessity 
without  our  aid.  why,  sir.  1  say  do  not  tie  up 
I  the  hands  of  the  people,  so  that  they  cannot 
come  in  and  render  that  aid.  1  say  we  cannot 
afford  to  do  it.  Leave  the  (|iu^slion  open,  and 
leave  the  i)eo])le  free  to  act  when  that  necessity 
which  knows  no  law  begins  to  ju'ess  upon  them. 
Leave  it  opi'ti  to  the  Legislature,  and  tiu'n,  if  a 
few  years  lieiice  they  see  fit  to  make  the  ajipro- 
pruition  to  the  amount  of  the  trifling  sum  which 
we  are  now  jtaying  for  teamsters'  wages  from 
month  to  niontli,  let  them  do  so.  1  say  do  not 
tie  up  their  haiuis. 

Mr.  DUNNE.  As  this  is  an  important  ques- 
tion, I  will  state  the  reasons  why  1  sujijiort  the 
anu'iidment  of  the  gentleman  from  Storey  (Mr. 
Fitch.)  But  first,  one  word  in  regard  to  the 
argument  of  tiu-  geiitlenum  from  Washoe,  (Mr. 
Noui'se.)  which  I  think  proves  more;  for  our 
sidt!  than  any  argunu'nt  iu^  would  have  been 
willing  to  unxkc  if  he  had  reflcjcted  a  moment. 
He  says  the  universal  experience  has  been 
that  the  people  of  a  State  always  adopt  any 
proposition  for  granting  aid  to  a  railroad  enter- 


11th  day.] 


PACIFIC  RAILROAD. 


403 


Friday,] 


Fitch— TozER. 


[July  15. 


prise.  I  ask  if  that  is  not  the  best  argument  in 
the  world  that  the  people  are  in  favor  ol' o;rant- 
ing  such  aid,  and  if  they  are  in  favor  of  it.  why 
should  they  not  have  the  right  to  grant  it?  Jt 
is  because  I  believe  in  leaving  some  liberty  to 
the  people  that  I  would  favor  this  amendment. 
There  are  ample  restrictions  and  safeguards 
thrown  around  it  which  will  prevent  the  grant- 
ing of  any  aid  injudiciously. 

Many  have  thought  that  the  declarations 
made  here  by  Governor  Stanford,  the  President 
of  the  Central  Pacific  Railroad  Company,  were 
very  unwise  and  injudicious  concerning' the  in- 
terest of  that  railroad  ;  but  I  know  the  Gov- 
ernor very  well,  and  have  the  highest  apprecia- 
tion of  his  financial  ability  and  skill,  and  I 
believe  that  the  position  he  assumed  here  was 
a  masterly  stroke  of  policy.  His  company  is 
now  on  the  eve  of  negotiating  a  loan  of  Gve 
millions  of  dollars,  and  what  greater  guarantee 
of  credit  could  there  be,  or  in  what  way  could 
he  bolster  up  the  credit  of  that  company,  if  it 
needed  it,  more  than  by  the  almost  unheard-of 
course  of  coming  before  such  a  body  as  this 
constitutional  Convention  and  saying  :  '■  Gen- 
tlemen, we  are  not  anxious  for  your  three 
millions."  From  the  aid  of  this  'State  they 
could  derive  no  practical  benefit  for  a  year,  or 
perhaps  eighteen  months  to  come,  but  by  tak- 
ing that  position  they  give  a  credit  to  their 
bonds  which  is  of  more  advantage  to  them  than 
any  aid  which  they  could  hope  to  derive  from 
us.  What  gentleman  is  there  here  who,  if  he 
contemplated  taking  an  interest  in  this  road, 
would  not  do  it  much  more  willingly  after  hav- 
ing that  assurance  than  before,  and  much  more 
willingly  than  he  would  with  all  the  guaran- 
tees and  assurances  of  the  new  State  without  it? 

The  argument  that  the  Legislature  is  easily 
influenced  to  grant  franchises  and  special  priv- 
ileges, does  not  apply  to  the  Legislature  which 
is  to  come  after  us  in  this  cas-^,  because  a  mere 
majority  of  a  quorum  is  not  sufficient.  We  re- 
quire, in  the  first  place,  a  majority  of  the  whole 
number  elected,  then  upon  that  is  the  veto 
power  of  the  Governor,  which  it  would  require  a 
vote  of  two-thirds  of  all  the  members  elected  to 
overcome.  And  upon  that  again  is  the  veto 
power  of  the  people,  which  will  require  a  ma- 
jority of  the  people  of  the  State  to  ap])rovethe 
law.  Now,  I  say,  if  a  majority  of  the  people, 
after  a  fair  discussion  of  the  question,  come  to 
the  conclusion  that  it  is  for  their  interest  to 
grant  this  aid,^  they  should  have  the  right  to 
grant  it. 

The  hopes  of  the  managers  of  this  railroad 
may  prove  to  be  fallacious,  or  it  may  be  that 
the  whole  project  will  fall  through  in  the  terri- 
ble crisis  which  our  nation  is  now  uiulergoing. 
If  such  an  event  should  happen,  if  this  com- 
pany should  become  embarrassed  and  unable 
to  proceed,  what  would  be  our  position  if  we 
do  not  adopt  this  provision  ?  We  should  find 
ourselves  with  our  hands  tied,  and  no  way  left 
open  by  which  we  could  extend  aid  to  that 
enterprise,  which  is  to  us  of  such  vital  import- 


ance. Therefore,  in  view  of  all  possible  con- 
tingencies, I  think  the  people  should  have  the 
power  intrusted  to  them  (o  grant  this  aid  if  they 
find  it  necessary. 

Mr.  FITCII.  Inasmuch  as  the  hour  of  two 
o'clock  this  afternoon  has  been  assigned  lor 
the  consideration  of  the  subject  of  the  taxation 
of  the  mines,  and  it  is  now  nearly  twelve 
o'clock,  I  suggest  that  we  come  to  ii  vote  on 
this  question. 

Mr.  TOZER.  I  have  but  a  word  or  two  to 
say,  and  will  detain  the  Convention  only  a  mo- 
ment. After  a  lengthy  discussion  of  this  ques- 
tion a  day  or  two  since,  upon  the  same  clause, 
and  after  a  full  and  perfect  interchange  of  sen- 
timents and  arguments  in  relation  to  thesuliject, 
this  Convention  canu-  fully  to  the  com  lusion  to 
grant  this  aid,  or  rather  to  authorize  the  ])eople 
of  this  State  to  pay  their  money,  if  they  should 
desire  to  do  so.  in  aid  of  the  construction  of 
the  Pacific  Railroad.  AV'e  stand,  therefore,  in 
my  judgment,  committed  to  that  policv.  But, 
sir,  since  that  time  (Governor  Stanford,  the 
President  of  that  road,  has  appeared  before  us, 
and  has  cast,  as  it  seems  to  me,  some  light  on 
this  subject.  In  view  of  that  new  light  it  now 
appears  desirable,  to  some  of  us  at  least,  that 
our  action  on  the  subject  should  be  changed, 
and  that  the  section  which  we  then  adopted 
should  be  somewhat  altered,  amended,  and  cor- 
rected. I  think,  for  one,  that  the  action  which 
we  then  took  was  such  as  would  be  calculated 
more  to  injure  than  to  advance  the  interests  of 
the  first  and  only  road  likely  to  be  built,  or 
likely  ever  to  aid  in  advancing  our  interests. 
Such  being  the  case,  sir.  I  would  only  say 
briefly  further  that  1  shall  favor  the  moti'im  of 
my  colleague,  (Mr.  Fitch,)  and  I  really  hope 
that  this  Convention,  without  arguing  or  dis- 
cussing this  question  to  any  greater  length,  will 
at  once  come  to  a  vote,  and  let  the  section  be 
referred  to  the  committee  with  directions  to 
amend  it  in  accordance  with  the  wi'itten  in- 
structions, and  then  let  the  Convention  pa.S3 
upon  it,  and  have  done  with  the  subject.  I  do 
not  believe,  Mr.  President,  that  any  further  ar- 
gument in  this  case,  either  from  myself  or  from 
those  who  are  much  more  able  to  intelligently 
and  wisely  argue  the  ({ucstion.  will  add  any- 
thing whatever  to  the  inlclligence  and  under- 
standing of  this  Convention  on  the  sul)ject.  I 
think,  sir,  that  we  are  as  well  ])ri']»ared  now,  or 
will  be  as  well  prepared  imnu-diately  on  re- 
ceiving the  report  of  the  conunittee  to  be 
appointed,  to  take  a  vote  u])oii  the  (piestion  in- 
volved, as  we  would  be  if  the  meinl)ei-s  of  the 
Convention  should  again  and  agam  expre.«.«i 
the  identical  opinions  which  they  have  ex- 
pressed so  often  heretofore,  upon  the  general 
policy  of  railroads,  and  ujion  the  advantages  of 
railroads,  and  upon  the  ))olicy  of  the  pco]de  of 
this  State  granting,  under  this  constitutional 
provision,  their  aid  to  the  construction  of  this 
particular  railroad.  I  think  I  can  safely  say 
that  if  such  questions  a.s  this  are  to  be  consid- 
ered, and  reconsidered,  by  the  Convention,  and 


404 


PACIFIC  RAILROAD. 


[11th  day 


Friday,]       Buossan—Tozer— Fitch— Kennedy— Earl— Nourse— Banks— DeLoxg.      [July  15. 


the  Committee  of  the  Whole,  months  instead  of      Mr.  FITCH.    I  do  not  call  for  the  ayes  and 
weeks  must  elapse  before  our  labors  can  be    noes  on  striking  out. 
brouo-ht  to  a  close,  and  I  shall  insist  by  every        Mr.  XOUliSE.     1  do. 

meaifs  I  can  employ,  within  the  bounds  of  par-  j  Mr.  BANKS.  The  first  proposition  is  to  strike 
liamentary  usage,  that  al!  this  debate  shall  be  |  out.  1  understand,  and  after  that  there  may  be  a 
cut  short.'  Gentlemen  have  spoken  well,  but  |  majority  in  favor  of  inserting.  I  want  to  know 
the  subject  is  exhausted,  and  further  debate  is  ,  if  it  will  be  in  order  to  move  to  strike  out  and 

'  insert  other  words  after  both  questions  pending 
are  voted  down? 

Mr.  NOURSE.  Sufficient  to  the  day  is  the 
evil  thereof. 

Mr.  BANKS.  There  may  be  a  majority  in 
favor  of  inserting.  What  I  want  to  know  is, 
can  we  move  to  insert  other  language  ? 

Mr.  FITCH.  My  understanding  is,  that  if  the 
motion  to  strike  out  is  adopted  and  the  motion 
to  insert  rejected,  then  the  section  will  be  in 
a  condition  to  entertain  any  other  motion  to 
insert. 

The  PRESIDENT.     On  some   occasions  the 


useless 

Mr.  BROSNAN.  I  desire  to  ask  a  question, 
lu  case  of  the  issuance  of  these  bonds,  or  the  au- 
thorizing of  their  issuance,  if  this  railroad  com- 
pany should  fail  absolutely,  as  suggested  or 
expressed  by  my  colleague,  (Mr.  Collins,)  to 
complete  this  work,  or  if  another  company 
succeeding  them  should  fail  to  do  so,  in  what 
condition  would  the  State  be  placed  ?  AVould 
not  the  State  be  still  liable  to  pay  the  money  to 
the  holders  of  the  bonds  ? 

Mr.  TOZER.  It  seems  to  me  that  if  the  Leg- 
islature, and  the  people  indorsing  their  action, 
should  grant  the  aid,  and  the  railroad  company  J  Chair  has  decided  in  advance  what  effect  a  mo- 


should  then  fail  to  fulfd  its  part  of  the  contract, 
the  State  could  then  refuse  to  fulfil  her  part, 
and  in  that  event  we  should  have  to  pay  only 
the  interest  on  the  bonds  already  issued. 

Mr.  BROSNAN.  But  what  is  the  legal  lia- 
bility of  the  State  in  that  respect  ? 

Mr.  TOZER.  The  gentleman  can  tell  better 
than  I  can.     I  should  not  think  the  State  would 


tion  would  have,  but  I  think  it  is  quite  enough 
to  decide  intricate  questions  when  they  are 
actually  presented  for  consideration.  I  do  not 
deem  it  necessary  at  this  time. 

Mr.  BANKS.  The  Chair  is  quite  right ;  we 
will  take  our  chances. 

The  question  was  taken  by  yeas  and  nays  on 
so  much  of  the   instructions   as   directed   the 


be  bound  to  pay  any  further  than  bonds  had  \  striking  out  of  that  portion  of  the  section  which 

been  already  executed.     It  seems  to  me  that  is  ,  related  to  a  railroad,  and  the  vote  resulted— 

the  common-sense  view  of  the  case.     As  to  the  ;  yeas,  'Z8  ;  nays,  none — as  follows  : 

policy    of    this   Constitutional    Convention    au-        yeas-UessTB.  Banks,  Belden,  Brady,  Brosnan,  Cha- 

thonzuig  the  people   of  the   State  to  vote  on  _     -  —    . 

this  question,  I  have  not  the  least  doubt  in  the 

world.     I  hope  the  provision  will  be  made  in 

some  way  authorizing  the  people,  in  the  future, 

to  vote  upon  it,  and  to  grant  this  aid,  if  in  their 

judgment  it  seems  be.it. 

Mr.  PARKER.  Inasmuch  as  our  clock  is 
stopped  I  move  the  previous  question. 

The  PRESIDENT.  The  Chair  thinks  that  is 
hardly  necessary. 

Mr.  FITCH.  I  should  like  to  offer  an  amend- 
ment which  I  think  will  be  readily  accepted. 
It  is  to  add  at  the  end  of  the  amendment  which 
I  have  heretofore  proposed,  the  following  : 
"  Nor  until  said  road  shall  have  been  completed 
and  in  running  order  for  a  distance  of  sixty 
miles  eastward  from  Sacramento."' 

Mr.  CROSMAN.  I  suggest  that  there  should 
be  a  provision  for  a  special  election  when  it  is 
submitted  to  the  people. 

Mr.  KENNEDY.  1  call  the  attention  of  the 
Chair  to  the  fact  that  the  question  is  first  on 
striking  out  and  next  on  inserting. 

The  PRESIDENT.  The  vote  will  be  first 
taken  on  striking  out. 

Mr.  EARL.  But  the  motion  is  not  to  strike 
out  ;  if  we  strike  it  out  we  may  lose  all. 

Mr.  FITCH.    I  understand  that,  but  if  we  can 
not  have  the  amendment  which  I  offer,  I  would 
as  soon  let  it  all  be  stricken  out  as  any  way. 
Mr.  EARL.     Very  well. 
The  PRESIDENT.     Have  the  ayes  and  noes 
been  demanded  ? 


pm,  Oollius,  Crawford,  DeLoug,  Dunne,  Earl,  Fitch, 
Folsom,  Gibson,  Hawley,  Hovey,  Hudson,  Kennedy, 
Lockwood,  Mason,  McCUnton,  Nourse,  Parker,  Sturte- 
vant,  TagUabue,  Tozer,  Warwick,  Wetherill,  and  Mr. 
President— 28. 
JVays — none. 

The  PRESIDENT.  The  instructions,  so  far 
as  striking  out  is  concerned,  are  adopted. 

Mr.  FITCH.  I  hope  no  gentleman  has  any 
intention  now  to  move  an  adjournment.  [Laugh- 
ter.] I  suppose  the  next  question  is  on  insert- 
ing my  amendment. 

Mr.  DeLONG.  I  cannot  exactly  understand 
this  amendment. 

The  SECRETARY  read  the  amendment  as 
modified  by  Mr.  Fitch,  as  follows  : 

"Provided,  That  the  State  may  in-ovide  for  the  pay- 
ment of  the  interest  iipon  bonds  of  the  Central  Pacific 
Kailroad  Company  to  an  amount  not  exceeding  three 
millions  of  dollars  for  a  length  of  time  not  exceeding 
twenty  years,  at  a  rate  of  interest  not  exceeding  seven 
per  cent,  per  annum,  in  aid  of  the  construction  of  the 
Central  Pacific  Railroad  across  the  Sierra  Nevada 
Mountains  ;  but  no  law  to  provide  for  the  payment  of 
interest  as  aforesaid  shall  be  efl'ective  unless  sanctioned 
by  a  vote  of  the  lieople,  nor  until  said  road  shall  have 
been  completed  and  in  running  order  for  a  distance  of 
sixty  miles  eastward  from  Sacramento." 

Mr.  NOURSE.  The  hour  for  our  recess  has 
arrived,  I  believe. 

The  PRESIDENT.  It  lacks  five  minutes  by 
the  clock.     [Laughter.] 

Mr.  DkLOxN'G.  I  do  not  wish  to  occupy  the 
time.  I  only  want  to  say  that  I  hojje  this 
amendment  will  be  voted  down. 


11th  day.] 


TAXATION. 


405 


Friday,]        Brosnan—Crosman—Hawley— Mason— McClinton— Fitch— Nodrse.         [July  15. 


Mr.  FITCH  and  others  demanded  the  yeas 
and  nays. 

The  question  was  taken  by  yeas  and  nays 
upon  so  much  of  the  instructions  as  directed 
the  committee  to  insert  the  words  proposed  by 
Mr.  Fitch,  and  the  vote  was — yeas,  12  ;  nays. 
17 — as  follows  : 

Yeas — Messrs.  Banks,  Brosnan,  Chapin,  Collins, 
Crosman,  Dunne,  Earl,  Hawley,  Hovey,  Tozer,  War- 
wick, and  "Wetberill— 12. 

JVays — Messrs.  Belden,  Brarly,  Crawford,  DeLong, 
Fitch,  Folsom,  Gibson,  Hudson,  Kennedy,  Lockwood, 
Mason,  McClintou,  Nourse,  Parker,  Sturtevant,  Taglia- 
bue,  and  Mr.  President — 17.  ! 

So  the  instructions  in  relation  to  inserting 
were  not  agreed  to. 

During  the  voting — 

Mr.  BROSNAN  said  :  I  would  like  to  say  one 
word  in  explanation  of  my  vote.  I  shall  vote 
in  the  affirmative  on  this  question,  solely  for  the 
reason  that  the  people,  in  my  judgment,  ought 
to  have  something  to  say  on  the  subject. 

Mr.  WARWICK.     That 's  it. 

Mr.  CROSMAN.  I  wish  to  state,  by  way  of 
explanation,  something  similar  to  what  my 
colleuge,  Mr.  Brosnan,  has  stated.  I  have  an 
amendment  which  I  would  prefer  to  this,  but  I 
shall  vote  "  aye  "  on  this  question. 

Mr.  HAWLEY.  I  vote  "  aye  "  for  the  reason 
assigned  by  the  gentleman  from  Stoi-ey  (Mr. 
Brosnan,)  although  the  proposition  does  not 
exactly  meet  with  my  a])prol)ation.  individually. 

Mr.  MASON.  I  have  sought  an  opportunity 
to  express  my  views,  and  I  wish  now  to  explain 
the  manner  in  which  I  vote,  because  I  do  not 
want  to  go  before  my  constituents  misunder- 
stood. I  vote  "  no."  because  I  believe  an  ap- 
propriation of  this  kind  would  be  a  greater 
curse  upon  our  State  than  any  benefit  which 
could  be  derived  from  it.  I  do  not  propose  to 
support  a  monopoly,  or  to  give  to  one  company 
more  than  I  would  to  another.  I  would  be  in 
fiivor  of  having  three  railroads  across  the 
mountains,  if  we  could,  but  at  any  rate  I  am 
now  and  forever  opposed  to  a  vast  monopoly. 

Mr.  McCLINTON.  I  vote  "no,"'  for  the  rea- 
son that  I  believe  the  amendment  of  the  gentle- 
man from  Storey  (Mr.  Fitch)  is  not  as  good  as 
the  section  was  before.  And  I  will  state  inci- 
dentally that  I  do  not  believe,  if  it  is  voted 
down,  that  the  people  will  in  consequence  be 
robbed  of  a  chance  to  vote  on  the  subject. 

Mr.  FITCH.  I  change  my  vote  from  "  aye  " 
to  "  no,"  for  the  purpose  of  moving  a  reconsid- 
eration. 

The  result  having  been  annotinced,  as  above 
stated. 

Mr.  FITCH.  I  give  notice  that  I  will  move  a 
reconsideration  of  this  vote. 

The  hour  for  recess  having  passed,  the  Presi- 
dent, at  twenty  minutes  past  twelve  o'clock, 
declared  the  Convention  at  recess  until  two 
o'clock,  P.  M. 

AFTERNOON  SESSION. 
The  Convention  met  at  two  o'clock,  P.  M., 
and  was  called  to  order  by  the  President. 


PACIFIC    RAILKOAD. 

Mr.  FITCH.  I  ask  unanimous  leave  to  with- 
draw the  notice  of  reconsideration  of  the  vote 
by  which  the  Convention  this  morning  refused 
to  adopt  my  amendment  to  Section  9  of  Article 
VIII,  in  reference  to  the  Pacific  Railroad  clause. 

The  PRESIDENT.  The  notice  is  withdrawn, 
if  there  is  no  objection. 

Mr.  DeLONG.  The  gentleman  has  my  con- 
sent.  [Laughter.] 

TAX.ITION. 

■  The  PRESIDENT.  The  special  order  for  two 
o'clock  is  the  consideration  of  Article  X,  en- 
titled Taxation,  and  the  question  before  the 
Convention  is  on  the  adoption  of  the  report  of 
the  Committee  of  the  Whole. 

Mr.  DeLONG.     I  call  for  the  ayes  and  noes. 

Mr.  LOCKWOOD.  I  move  a  call  of  the 
House. 

The  question  was  taken  on  the  motion  for  a 
call  of  the  House  and  it  was  agreed  to. 

The  roll  was  called  and  thirty-one  members 
responded  to  their  names,  those  who  failed  to 
respond  being  Messrs.  Ball,  Frizell,  Jones, 
Morse,  Proctor,  Warwick,  Wellington,  and  Wil- 
liams. 

Mr.  WARWICK  soon  after  appeared,  and 
after  a  brief  delay,  on  motion  of 

Mr.  LOCKWOOD,  further  proceedings  under 
the  call  of  the  House  were  dispensed  with. 

The  PRESIDENT.  The  question  before  the 
Convention  is,  the  ado])tion  of  the  report  of  the 
Committee  of  the  Whole,  upon  x\rticle  X  of  the 
Constitution,  entitled  Taxation. 

Mr.  TOZER.  I  move  that  the  report  of  the 
committee  be  adopted. 

Mr.  NOURSE.  Is  it  in  order  to  amend  the 
report  ?  I  desire  to  move  to  amend  the  section 
as  reported,  and  will  not  that  motion  take 
precedence  of  the  motion  to  adopt? 

Mr.  DeLONG.  You  cannot  anieud  the  report 
of  the  committee.  The  committee  alone  can 
amend  its  report,  and  the  question  now  comes 
on  the  adoption  of  the  report  of  the  committee. 

The  PRESIDENT.  This,  in  effect,  is  a  recom- 
mendation from  the  Committee  of  the  Whole, 
and  amendments  to  that  M'ill  be  in  order. 

Mr.  NOURSE.  Then  I  move  an  amendment 
to  the  section,  as  reported. 

Mr.  DeLONG.  We  cannot  amend  the  report 
of  the  committee  ;  that  is  the  property  solely 
of  the  committee.  The  Convention  can  only 
adopt  or  reject  it,  as  they  please.  This  article, 
as  it  stands,  is  rei)orted  l)ack  with  a  recom- 
mendation that  certain  lines  in  the  original  be 
stricken  out,  and,  as  a  matter  of  course,  those 
lines  are  not  stricken  out  unless  the  Convention 
adopt  the  report,  and  then,  as  soon  as  they  are 
stricken  out,  by  the  adoption  of  the  report,  any 
further  amendments  would  be  legitimate  and  in 
order.  I  submit  that  that  is  a  correct  view  of 
the  matter. 

Mr.  CROSMAN.  Would  it  not  be  in  order  to 
move  to  recommit,  and  have  further  action  in 
Committee  of  the  Whole  ?  I  desire  to  offer  a 
further  amendment. 


406 


TAXATION. 


[11th  day. 


Friday,]  President— Earl— DeLoxNG—Hovey— Kennedy— Nourse—Brosnan.        [July  15. 


The  PRESIDENT.  The  Chair  is  under  the 
impression  that  it  would  not  be  in  order. 

After  considerable  discussion  upon  the  ques- 
tion of  orderinvolved — 

The  PRESIDENT  decided  that  the  vote  must 
first  be  taken  upon  concurring  in  the  report  of 
the  Committee  of  the  Whole,  and  that  then, 
whether  the  report  should  be  adopted  or  re- 
jected, the  article  would  be  open  to  further 
amendment,  or  to  be  recommitted. 

The  SECRETARY  read  the  amendment  re- 
ported from  the  Committee  of  the  Whole,  which 
was  to  strike  out  the  words  "  including  mines 
and  mining  property." 

Mr.  EARL.  I  shall  vote  for  striking  out,  be- 
cause we  wish  to  insert  other  words. 

Mr.  DeLONG.     I  call  for  the  ayes  and  noes. 

The  question  was  taken  by  yeas  and  nays,  on 
agreeing  to  the  amendment  reported  by  the 
Committee  of  the  AVhole,  and  the  vote  was — 
yeas,  27  ;  nays,  5 — as  follows : — 

Teas— Messrs.  Banks,  Belden,  Brady,  Brosnan,  Cha^ 
piu,  Collins,  Crosmau,  DeLong,  Dunne,  Earl,  Fitcb, 
Folsom,  Hovey,  Hudson,  Kennedy,  Kiukead,  Lock- 
wood,  Mason,  MeClinton,  Murdook,  Nourse  Sturte- 
vant,  Tagliabue,  Tozer,  Warwick,  Wetherill,  and  Mr. 
President — '27. 

:^'ays — Messrs.  Crawford,  Gibson,  Haines,  Hawley, 
and  Parker — 5. 

So  the  amendment  striking  out  the  words 
"  including  mines  and  mining  property  "  was 
agreed  to. 

Before  the  result  of  the  vote  was  announced — 

Mr.  HOVEY.  With  the  consent  of  the  Con- 
vention I  would  like  to  explain  my  vote.  I  am 
in  favor  of  taxing  the  mines,  but  not  as  pro- 
posed by  any  amendment  which  I  have  yet 
seen.  But  I  think  this  will  leave  it  with  the  Leg- 
islature, in  such  away  that  they  can  prescribe  a 
proper  mode  of  taxing  the  mines,  and  therefore 
I  have  voted  aye. 

Mr.  KENNEDY.  I  have  not  explained  my 
vote,  and  do  not  wish  to  give  my  reasons  in 
detail  at  this  time,  but  simply  to  state,  that 
I  have  voted  aye  on  this  motion,  with  the  ex- 
pectation of  making  further  amendments. 

The  PRESIDENT.  As  explanations  seem  to 
be  the  order,  I  will  explain  my  action,  so  far  as 
that  section  is  concerned.  I  am  desirous  of  in- 
corporating my  amendment,  and  I  therefore 
vote  aye,  because  my  amendment  could  not 
otluu'wise  be  brought  before  the  Convention. 

The  result  of  the  vote  having  been  announced 
as  above  stated — 

Mr.  NOURSE.  Now  I  suppose  my  amend- 
ment is  in  order.  It  has  been  sent  up  to  the 
desk,  and  I  move  its  adoption. 

The  Secretary  read  the  amendment,  which 
8u])stitutes  for  Section  1  the  following  : 

Sec.  1.  The  Legislature  shall  provide  by  law  for  a 
uniform  ajul  equal  rate  of  assessment  and  taxation  of 
all  property,  possessions,  and  possessory  rights,  ex- 
cepting suc^h  (mly  as  may  be  exempted  by  law  for  mu- 
nicipal, educational,  literary,  scientific,  religious,  and 
charitable  purposes. 

Mr.  NOl'RSE.  I  offer  that  amendment  be- 
cause I  suppose  it  will  meet  the  views  of  gen- 
tlemen, as  they  have  been  expressed  here.  The 


odious  word  "  claims  "  is  left  out,  because,  as 
I  understand  it,  it  is  offensive  to  some,  and  I 
suppose  that  will  meet  the  views  of  gentlemen 
who  disagree  with  me.  I  think  I  have  shown  a 
willingness  to  meet  them  fairly,  by  leaving  out 
that  word  "  claims."  I  ask  for  the  ayes  and 
noes  on  that  amendment. 

Mr.  KENNEDY.  Is  a  further  amendment  in 
order  ? 

The  PRESIDENT.     It  is. 

Mr.  BROSNAN.  I  would  offer  an  amend- 
ment, it  in  order. 

Mr.  DeLONG.  Is  not  the  President  mistaken 
about  a  further  amendment  being  in  order  ? 

The  PRESIDENT.  No,  sir.  The  question  is 
not  on  amending  the  section.  The  amendments 
proposed  by  the  Committee  of  the  Whole  hav- 
ing been  disposed  of,  now  the  section  is  open 
to  any  further  amendments  which  may  be 
offered. 

Mr.  KENNEDY.  I  am  in  order  then,  and  I 
propose  to  change  the  original  section,  after  the 
word  "  property,"  so  that  it  shall  read  "  all 
property,  real,  personal  and  mixed." 

Mr.  DeLONG.  And  if  that  lacks  any  thing 
of  a  full  description,  I  would  suggest  to  put  the 
words  "  chattels  real  "  in  there. 

Mr.  EARL.  Does  it  still  leave  the  word 
"  personal?" 

Mr.  DeLONG.  Certainly.  It  says  "  real, 
personal  and  mixed." 

Mr.  KENNEDY.  As  I  was  too  unwell  yes- 
terday to  explain  my  vote,  I  wish  to  explain  it 
at  the  present  time.  If  I  believed  the  legal 
proposition  which  either  the  President  or  the 
gentleman  from  Storey  (Mr.  DeLong)  has  ad- 
vanced, that  under  this  wording  of  the  Con- 
stitution the  mines  could  not  be  taxed,  I  should 
certainly  have  voted  for  the  amendment  of  the 
gentleman  from  Ormsby  (Mr.  Johnson,)  and 
against  the  amendment  of  the  gentleman  from 
Storey  (Mr.  Fitch ;)  but  I  believe  that  un- 
der this  wording,  no  Legislature,  I  care  not 
how  elastic  the  consciences  of  its  members  may 
be,  can  avoid  taxing  the  mines.  But  I  am  un- 
willing to  have  those  words  which  have  been 
stricken  out — ■"■  including  mines  and  mining 
property " — inserted,  for  the  reason  that  I 
know  we  cannot  explain  to  the  miners  of  this 
Territory  the  legal  definition  or  meaning  of 
those  words.  When  I  voted  for  this  clause  in 
the  Convention  of  last  year,  as  I  did,  I  certain- 
ly had  no  intention  of  voting  for  taxing  a  hole 
in  the  ground  ;  yet  when  I  went  before  my  con- 
stituents, and  urged  the  construction  of  that 
language  which  I  believed  to  be  the  true 
one,  I  was  met  with  this  answer:  "  Under  that 
clause  we  believe  you  will  tax  every  hole  in 
the  ground,  whether  it  is  a  mine  or  not,  and 
for  that  reason  we  will  vote  against  the  Con- 
stitution." And,  sir,  it  was  really  on  account 
of  those  few  words  that  that  Constitution 
framed  last  year  was  defeated  in  our  county. 
I  think  I  know  the  views  of  my  constituents, 
for  I  visited  every  precinct  in  our  county  dur- 
ing the  canvass. 


11th  day.] 


TAXATION. 


407 


Friday,] 


Crosman — Kennedy— Gibson— President. 


[July  15. 


Now,  sir,  the  gentleman  from  Storey  (Mr. 
DeLong)  says  that  all  kinds  of  property  are 
embraced  in  those  two  words,  "  real  and  per- 
sonal;" but  I  differ  with  the  gentleman,  and 
deny  that  as  a  proposition  of  law.  I  contend 
that  there  are  certain  kinds  of  property  which 
are  not  embraced  in  those  two  words — that  there 
are  such  things  as  chattels  real,  which  are 
neither  real  property  nor  personal  propertj' — 
and  In  the  Constitution  we  should  either  stop  at 
the  word  "property,"  or,  if  we  attempt  to  define 
at  all.  we  should  define  property  as  laid  down 
by  all  the  law  writers — as  "  real,  personal  and 
mixed."  I  suppose  I  shall  have  liberty  in  speak- 
ing on  this  point  to  refer  to  the  various  amend 
ments  which  have  been  offered.  I  am  opposed  to 
the  amendment  of  my  colleague  (Mr.  Crosman) 
which  exempts  all  mines  valued  at  loss  than  one 
hundred  dollars  a  foot,  because,  (although 
it  was  suggested  by  him  as  a  bounty  for 
mining,)  it  would  be  exempting  too  large 
an  amount  of  property  from  taxation  in  this 
State.  Wlien  a  mine  is  worth  a  hundred  dol- 
lars per  foot  there  is  too  much  money  invested 
in  it  to  justify  its  exemption,  and  we  have  not 
sufficient  property  within  our  limits  to  allow 
us  to  be  as  liberal  as  that. 

Mr.  CROSMAN.  Will  my  colleague  allow 
me  to  explain  ?  So  far  as  naming  the  amount 
of  one  hundred  dollars  a  foot  was  concerned,  1 
had  no  particular  object  in  that.  I  merely 
named  that  sum  because  it  is  a  round  sum,  and 
twenty  or  tweuty-tive  dollars  might  be  substi- 
tuted. 

Mr.  KENNEDY.  I  would  be  opposed  to  an 
amendment  of  that  kind,  naming  any  fia:ure. 

The  PRESIDENT.  If  there  is  no  objection 
the  gentleman  will  be  permitted  to  proceed  in 
his  remarks,  upon  the  general  features  of  the 
various  amendments,  but  it  occurs  to  the  Chair 
that  strictly  the  question  is  upon  the  amend- 
ment which  he  has  oflered.  It  is  difficult  for 
the  Chair  to  determine  how  closely  members 
should  be  confined  to  the  particular  matter  un- 
der consideration.     ["Leave,  leave!  "] 

Mr.  GIBSON.  Let  them  have  as  wide  lati- 
tude as  possible. 

Mr.  KENNEDY.  I  accept  the  leave  of  the 
Convention  for  two  reasons  :  First,  because  I 
shall  change  my  vote  from  what  it  was  in  the 
last  Convention  ;  and  secondly,  because  I  want 
an  opportunity  to  explain  my  action  in  Com- 
mittee of  the  Whole  yesterday. 

I  have  opposed  an  amendment  exempting 
mines  worth  under  five  dollars  per  foot  for  this 
reason,  that  I  do  not  wish  to  lay  down  per- 
emptorily in  the  Constitution  any  particular 
.  method  by  which  the  mines  shall  be  taxid. 
Now,  Mr.  President,  this  question  of  taxing  the 
mines  is  comparatively  a  new  question,  so  far 
our  country  is  concerned.  We  have  had  but  lit- 
tle experience  in  the  matter  in  the  United  States, 
and  consequently  do  not  know  the  best  method 
by  which  to  derive  revenue  from  mines.  I 
wish  therefore  to  leave  that  matter  wholly  to 
the  Legislature.    I  have  conversed  with  sev- 


eral men  who  have  had  some  experience  in  the 
matter,  and  believe,  with  them,  that  the  Uni- 
ted States  Government  has  fixed  upon  the  best 
plan  for  deriving  revenue  from  the  mines,  and 
that  is  to  tax  the  bullion  which  is  produced. 
But  I  am  willing  to  leave  that  for  the  Legisla- 
ture to  decide,  governed  by  future  experience. 
I  am  willing  to  allow  them  to  determine  in 
what  way  they  will  derive  a  revenue  from  the 
mines.  One  argument  advanced  by  the  gentle- 
man from  Ormsby  (Mr.  Johnson,)  was,  that 
under  the  Enabling  Act  we  could  not  tax  pos- 
sessory rights. 

The  PRESIDENT.  I  beg  the  gentleman's 
pardon  ;  my  argument  was  just  the  reverse.  I 
said  we  could  tax  possessory  rights,  but  not 
the  mines  directly  as  property,  being  owned  by 
the  United  States.  *"      •'  *  J 

Mr.  KENNEDY.  But  I  hold  that  the 
possessory  right  itself  is  property.  The  ac- 
tual land  itself  of  a  mining  claim  may  be 
property  belonging  to  the  United  States,  but 
the  possessory  right  in  and  to  that  land,  or  the 
possessory  right  in  that  claim,  is  property,  in- 
cluded within  the  three  words  which  1  have 
used  in  my  amendment,  and  it  can  be 
reached  in  that  way.  It  is  either  real  property, 
or  p  rsonal  property,  or— as  I  believe  it  really 
is— mixed  property.  Now,  sir,  I  think  the  Leg- 
islature, under  a  provision  like  this,  could 
reach  that  description  of  property.  They  can 
reach  any  kind  of  property. 

There  has  also  been  an  argument  advanced 
here  in  respect  to  the  Constitution  of  Califor- 
nia, but  it  seems  to  me  that  that  argument  will 
not  stand  the  test  of  examination.  Gentlemen 
have  said  on  this  floor  that  the  Legislature  of 
that  State  have  refused  to  tax  mining  property, 
although  they  have  always  had  a  similar  pro- 
vision to  this  in  their  Constitution.  Now,  in 
the  first  place,  I  do  not  admit  the  ground  of 
that  argument,  and  in  the  second  place  I  be- 
lieve that  mining  property  in  that  State, 
until  within  the  last  two  or  three  years  at  least, 
ought  to  have  been  free  from  taxation,  and  for 
this  reason,  that  the  mines  there  have  consisted 
almost  altogether  of  surface  diggings,  and  no 
man  could  tell  their  value,  because  no  man  could 
have  any  data  upon  which  to  base  his  calcula- 
tions. No  man  could  say  that  one  inch  further 
than  he  had  already  gone,  the  dirt  in  those  sur- 
face diggings  would  pay.  But  in  this  Territory 
mining  property  is  of  a  different  character. 
When  a  man  finds  a  ledge  which  pays,  he  has 
certain  data  upon  which  to  base  a  calculation 
that  at  a  later  day  it  will  pay  so  much  more. 
I  do  not  deny  that  these  data  may  lead  a  man 
to  a  wrong- conclusion,  and  it  frequently  does, 
but  he  has  nevertheless  some  rule  to  go  upon. 
He  has  the  experience  of  other  mines  and  other 
countries  to  teach  him  that  if  rock  at  a  certain 
depth  pays  so  much,  when  he  gets  so  much 
deeper  it  will  pay  more.  He  has  something 
substantial  to  go  upon.  I  never  mined  in  Cali- 
fornia, but  have  had  old  Californians  tell 
me   their  experience  in  turning  up   the   dirt 


408 


TAXATION. 


[11th  day; 


Friday,] 


Kennedy— DeLong. 


[July  15. 


there.  There  have  been  diggmgs  which,  judg- 
ing from  the  first  panful,  promised  enormous 
profits,  and  yet  upon  going  six  inches  or  a 
foot  deeper  they  could  not  find  any  dirt  that 
would  pay.  But  with  our  mines  the  general 
rule  is  the  reverse  of  that.  We  have  some- 
thing more  substantial,  but  how  best  to  get  at 
it  none  of  us  can  tell,  for  nobody  knows  what 
the  rule  will  be  hereafter.  One  gentleman 
tells  us  that  the  mines  are  being  exhausted, 
but  from  what  I  know  in  regard  to  them, 
I  should  judge  his  view  to  be  incorrect. 
Still  I  am  willing  to  wait,  and  allow  the  Legis- 
lature, after  further  experience,  to  determine 
in  what  manner  it  is  best  to  tax  the  mines— 
whether  it  is  best  to  do  it  by  levying  a  tax  on 
the  mines  themselves,  on  the  bullion,  or  on 
the  proceeds,  gross  or  net. 

I  would  also  call  the  attention  of  the  Con- 
vention to  one  fact  in  regard  to  the  Article  in 
the  California  Constitution.  It  resembles  ours 
in  many  respects,  and  yet  gentlemen  will  see 
that  it  is  materially  different.  Section  13  of 
Article  XI  of  the  California  Constitution,  reads 
thus  : 

"  Taxation  shall  be  equal  and  uniform  throughout 
the  State.  All  isroporty  in  this  State  shall  be  taxed  in 
proportion  to  its  value,  to  be  ascertained  as  directed 
by  law  ;  but  assessors  and  collectors  of  town,  county, 
and  State  taxes,  shall  be  elected  liy  the  qualified  elect- 
ors of  the  district,  county  or  town  in  which  the  prop- 
erty taxed  for  State,  county  or  town  purposes,  is  situ- 
ated." 

Now  there  may  be,  and  often  is,  as  legal 
gentlemen  know,  a  peculiar  construction  put 
upon  that  word  "  all."  I  have  known  of  two 
or  three  decisions  in  regard  to  that.  But  here 
we  go  further  and  define  the  several  species  of 
property,  and  require  that  every  species  shall 
be  taxed,  whether  real  property,  personal  prop- 
erty, or  partaking  of  the  character  of  both. 

In  regard  to  the  amendment  which  was 
offered  by  the  gentleman  from  Ormsby,  (Mr. 
Johnson),  I  have  two  obj'  ctious.  I  know  that 
if  you  insert  in  this  article  the  words  '•  mine,'^ 
and  mining  property,"  or  that  other  word — 
which  to  the  popular  idea  is  the  same  thing,  to 
wit — "claims."  you  insert  that  which,  to  a 
large  majority  of  our  voters,  will  look  as  if 
you  were  legislating  in  your  Constitution  ex- 
pressly against  a  class.  That  is  my  objection 
to  the  word  •'  claims."  In  addition  there  is  this 
further  objection  :  I  know  what  are  the  views 
of  a  majority  of  my  constituents  upon  that  very 
clause,  for  upon  that  clause,  more  than  any 
other  contained  in  the  instrument.  I  have  con- 
versed with  them,  and  they  admit  that  that  was 
what  they  most  opposed. 

The  PRESIDENT.  There  is  no  amendment 
now  before  the  Convention  which  embraces 
either  the  words  "  mines  and  mining  property," 
or  the  word  "  claims." 

Mr.  KENNEDY.  I  understand  that.  The 
question,  I  believe,  is  upon  my  own  amend- 
ment Inserting  the  word  '■  mixed,"  and  chang- 
ing the  position  of  the  word  '•  and." 


The  PRESIDENT.  The  Chair  supposed  the 
gentleman  was  under  a  misapprehension  as  to 
the  amendment  pending. 

Mr.  KENNEDY.  I  say  there  is  this  further 
objection  which  I  have  to  any  other  amendment 
than  this,  and  that  is  my  regard  for  the  will  of 
my  constituents.  I  know  that  they  are  per- 
fectly satisfied  with  this  clause  as  it  stands, 
with  those  words  "  mines  and  mining  prop- 
erty"  stricken  out.  I  know  that  they  will 
have  no  objection  to  the  insertion  of  the  word 
"mixed,"  when  it  is  explained  to  them.  But 
they  do  object,  and  I  think  it  is  a  legitimate 
argument,  to  anything  in  the  Constitution 
which  seems  to  them  to  be — although  it  may 
not  be  in  fact — legislating  for  the  taxation  of 
any  peculiar  class.  And  as  I  believe  that  this 
amendment  will  cover  all  the  property  in  the 
State,  whether  it  be  mines,  mills,  agricultural 
lands,  possessory  rights,  or  whatever  property 
a  man  may  have,  I  shall  vote  for  it,  believing 
that  it  will  suit  tiie  views  of  my  constituents, 
believing  that  it  will  cover  everything,  and  also 
believing  that  it  is  our  true  and  only  policy  to 
leave  it  to  the  Legislature  to  decide  in  what 
way  they  can  derive  the  most  revenue  from  the 
mines. 

Mr.  DeLONG.  I  desire  to  say  only  a  few 
words  on  this  subject.  A  question  has  arisen 
here  as  to  whether  or  not  the  words  "real  and 
personal  property  "  cover  all  kinds  of  property, 
and  upon  that  proposition  I  find  that  I  am  dis- 
puted by  various  gentlemen,  and  m'  re  espec- 
ially ))y  the  gentleman  fiom  Washoe  (Mr. 
Nourse.)  Now  I  wish  to  refer  him,  and  to 
refer  the  Convention,  in  regard  to  that  matter, 
first  to  Blackstone's  Commentaries,  in  which, 
treating  of  property,  the  writer  includes  under 
the  head  of  property,  all  kinds  of  property, 
real  and  personal.    He  says  : 

"The  olijects  of  dominion  or  property  are  things,  as 
contra-di!<tint,'uislud  from  persons.  And  things  are, 
by  the  law  of  England,  distinguished  into  two  kinds — 
things  real  and  things  personal.  Things  real  are  such 
as  are  permanent,  fixed  and  immovable,  which  cannot 
be  carried  out  of  their  places,  as  lands  and  tenements  ; 
things  personal  are  goods,  money,  and  all  other  mova^ 
bles,  which  may  attend  the  owner's  person  wherever 
he  thinks  proper  to  go." 

I  will  next  read  from  Bouviere's  Institutes, 
where  it  is  plainly  asserted  that  propei  ty  is 
divided  into  two  kinds — real  and  personal. 
But  the  author  says  : 

"And  sometimes  property  is  composed  of  both  per- 
sonal and  real,  and  is  then  called  mixed  estate." 

It  is  nevertheless  included  in  the  term  "per- 
sonal and  real  property,"  for  whatever  portion 
of  it  is  not  personal  must  be  real,  and  vice  versx. 
He  says  : 

"Things  attached  to  the  freehold  as  fixtures,  are 
sometimes  real  and  at  other  times  personal  ;  and 
things  which  are  jjersonal  in  their  nature,  as  the  keys 
i>f  a  house,  are  considered  as  real  estate  in  consequence 
of  their  destination  ;  other  personal  things  become 
real,  either  by  their  accession  or  by  the  use  to  which 
they  are  applied.  And  things  which  are  real  become 
personal  on  being  separated  from  the  realty,  as  fruits, 
coal,  &c." 


11th  day.] 


TAXATION. 


409 


Friday,] 


Fitch — DeLong — Collins. 


[July  15. 


Under  the  head  of  personal  property  he  goes 
on  to  class  chattels  real  and  chattels  personal, 
and  treats  of  qualified  property,  also  under  the 
same  general  head,  which  he  says  is  such  as  the 
possessor  has  only  a  qualified,  limited,  or  special 
right  to,  as  for  example  the  beasts  of  the  for- 
ests, but  still  it  all  comes  within  the  general 
classification  of  personal  property.  Then  again 
personal  property  is  divided  by  this  authority 
into  things  in  possession,  and  things  not  in  pos- 
session, or  choses  in  action,  as  he  makes  a  division, 
under  the  general  head  of  "  Things,"  of  things 
corporeal  and  things  incorporeal.  These  are 
only  sub-divisions,  which  are  made  to  elucidate 
the  general  subject,  but  the  authority  shows 
that  really  the  terms  "  real"  and  "  personal  " 
cover  the  whole  ground,  and  as  I  said  in  the 
outset  embrace  every  possible  description  of 
property.  This  classification  is  made  under  the 
head  of  "  Things,"  and  these  subdivisions  are 
made  throughout,  but  always  under  the  heads 
of  "  real  property  "  and  "  personal  property," 
which  embrace  all  classes  and  descriptions  of 
property.  Now  that  the  word  •'  mixed "  Is 
used  here,  too,  I  do  not  deny,  but  I  say  that 
mixed  property  is  described  by  the  terms 
"real"  and  "personal,"  because  it  is  prop- 
perty  of  both  kinds,  like  a  chattel-real.  A 
chattel  is  personal  property,  realty  is  real  prop- 
erty, and  a  chattel-real  is  property  that  par- 
takes of  the  nature  of  both.  Now  here  is  an 
illustration  in  Bouviere,  under  the  head  of 
"  Mixed  Property."  I  quote  now  from  Bou- 
viere's  Law  Dictionary : 

"  Mixed  property  is  that  kind  of  proijerty  which  is 
not  altogether  real  nor  ijersoual,  but  a  compound  of 
both.  Heir-looms,  tomb-stones,  monuments  in  a 
church,  and  title-deeds  to  an  estate  are  of  this  nature." 

These  things  may  have  a  fixed  character,  as  a 
tombstone,  or  a  monument,  and  yet  it  will  be 
seen  they  are  included  by  the  terms  real  and 
personal.     Again  he  says  : 

"Property  is  divided  into  real  property  and  personal 
property." 

And  .'Peaking  of  qualified  property  : 
"  A  man  has  a  qiialified  projierty  in  animals  /era 
naturv,,  wliUe  they  remain  in  his  power,"  etc. 

Now  I  turn  to  "  personal  property  "  and  find 
this  language : 

"  Personal  property  is  the  right  or  interest  which  a 
man  has  in  things  personal  ;  it  consists  of  things  tem- 
porary and  movable,  and  includes  all  subjects  of  iirop- 
erty  not  of  a  freehold  nature  nor  descendable  to  the 
heirs  at  law.  Things  of  a  movable  nature,  where  a 
right  can  be  had  in  them,  are  personal  projjerty,  but 
some  things  movable  are  not  the  subjects  of  property, 
as  light  and  air.  Under  the  term  personal  property  is 
also  included  some  ijroj^erty  which  is  in  its  nature  im- 
movable, distinguished  by  the  name  of  chattels  real, 
as  an  estate  for  years  ;  and  fixtures  are  sometimes 
classed  among  i^ersonal  property." 

And  under  the  head  of  "  Things  "  we  have 
this  : 

"Things  by  the  common  law  are  divided  into — 1, 
things  real,  which  are  such  as  are  i)ermanent,  fixed 
and  immovable,  and  which  cannot  be  carried  from 
place  to  place  ;  they  are  usually  said  to  consist  in  lands, 
tenements  and  hereditaments.  Things  personal  in- 
clude not  only  things  movable,  but  also  something 


more,  the  whole  of  which  is  generally  comprehended 
under  the  name  of  chattels.  Chattels  are  distinguished 
into  two  kinds,  namely,  chattels  real,  and  chattels 
personal." 

Then  referring  to  the  word  "  chattels,"  the 
writer  says : 

"Chattels  are  personal  or  real  chattels.  Personal 
are  such  as  belong  immediately  to  the  iierson  of  the 
man  ;  chattels  real  are  such  as  pertain  not  immediately 
to  the  person  but  to  something  by  way  of  dependency, 
as  a  box  with  the  title  deeds  of  lands,"  etc. 

Mr.  FITCH.  I  rise  to  a  point  of  order.  I 
should  not  make  it  on  my  colleague  but  that  in 
displaying  his  legal  erudition  he  is  speaking  in 
the  time  of  the  gentleman  from  Lyon,  (Mr. 
Kennedy.) 

The  PRESIDENT.  No  ;  the  gentleman  from 
Lyon  had  concluded. 

Mr.  DeLONG.  I  was  going  to  say  only  that 
I  vote  for  this  proposition,  not  because  I  be- 
lieve there  is  any  necessity  for  saying  anything 
more  than  "  real  and  personal,"  for  I  think 
there  is  no  question  but  that  it  is  unnecessary, 
but  merely  to  show  my  sincerity  in  this  matter, 
and  that  I  do  not  wish  to  exclude  from  taxation 
even  tomb-stones  and  title  deeds.  I  vote  for 
the  amendment  although  mixed  property  Is  not 
even  mentioned  by  Blackstone,  because  I  am 
willing  to  have  tomb-stones,  monuments,  title 
deeds  and  everything  else  taxed. 

Mr.  COLLINS.  I  shall  vote  against  the 
amendment  because  I  am  a  little  suspicious  of 
the  arguments  presented  yesterday  and  to-day 
by  my  learned  colleague  (Mr.  DeLong.)  Yester- 
day, according  to  his  argument,  it  was  abso- 
lutely Impossible,  under  the  language  of  this 
section,  to  reach  the  mines,  and  upon  the  ques- 
tion being  asked  if  the  word  "  mixed"  would 
add  any  strength  to  it,  the  reply  was  "  none  at 
at  all."  It  is  understooel  by  him  and  others 
that  it  is  impossible  to  reach  the  mines  under 
the  language  in  the  section  as  adopted,  or  as  it 
Is  now  proposed  to  be  amended  by  the  gentle- 
man from  Lyon  (Mr.  Kennedy.)  I  suggested 
to  the  Presideut,  yesterday,  that  if  that  obnox- 
ious word  "  claims  "  could  be  stricken  out  I 
would  go  for  it,  or  I  would  support  the  section 
as  it  was  adopted  last  night  and  reported  to 
the  Convention  this  morning.  I  would  not  ob- 
ject to  that  word  "  possessory  "  so  that  it  would 
read,  "  all  property,  real,  personal  and  posses- 
sory," etc.,  and  I  said  in  the  discussion,  that  if 
it  were  amended  in  that  way  I  certainly  would 
go  for  it.  I  am  not  disposed,  however,  after 
spending  three  or  four  days  upon  the  discus- 
sion, to  leave  this  question  still  in  a  state  of 
doubt  and  ambiguity. 

Mr.  DeLONG.  I  will  ask  the  gentleman  if 
he  will  describe  any  property  whatever  that  a 
man  could  be  possessed  of  that  Is  not  either 
real,  personal  or  mixed  ?  If  he  can  do  so,  then 
I  will  not  object  to  incorporating  the  word 
"  posses.sory,"  but  otherwise  I  am  opposed  to  it. 

Mr.  COLLINS.  My  colleague  Is  admitted  to 
be  a  lawyer  of  great  erudition. 

Mr.  DeLONG.     Thank  you. 


410 


TAXATION. 


[11th  day. 


Friday,] 


Collins — DeLong — Banks — Wetherill. 


[July  15. 


Mr.  COLLINS.  And  he  pronounced  the  opin- 
ion yesterday  evening  that  though  the  word 
"  mixed  "  should  be  added,  yet  it  would  be  im- 
possible under  this  section  to  reach  any  mining 
property,  on  the  surface  or  below  it ;  and  I 
think  that  assertion  came  from  his  heart. 

Mr.  DeLONG.  I  guess  my  colleague  must 
have  misunderstood  me.  I  claimed  that  you 
cannot  reach  mining  claims,  because  they  are 
the  property  of  the  General  Government. 

Mr.  COLLINS.  I  understood  the  gentleman 
to  say  yesterday  that  by  virtue  of  the  Enabling 
Act — which  has  thrown  such  new  light  on  the 
subject  as  to  require  us  to  adopt  a  difl'erent 
wording  from  that  found  in  the  old  Constitu- 
tion— the  words  "  personal  and  real  prop- 
erty." or  even  ''personal,  real  and  mixed," 
could  not  be  construed  so  as  to  reach  any  prop- 
erty in  the  mines,  or  even  upon  the  surface — 
that  it  could  not  be  made  to  reach  any  posses- 
sory claim  or  even  a  house  lot.  It  was  con- 
tended that  since  the  mines  were  upon  the  pulj- 
lic  domain,  and  were  held  under  the  United 
States,  all  the  buildings  and  improvements 
would  be  carried  with  them,  and  therefore  it 
would  be  impossible  for  the  officers  of  the 
State  Government  to  reach  any  species  of  prop- 
erty in  order  to  tax  it. 

Mr.  DeLONG.  My  colleague  is  laboring 
under  a  very  great  mistake.  I  said  this  :  that 
no  matter  what  words  were  incorporated — 
whether  we  said  "all  property,"  or  "all  real  and 
personal  property,"  or  whether  we  went  further 
and  said  "  mixed,"  "  possessory,"  or  any  other 
description  of  property — if  we  incorporated 
any  such  language,  we  were  nevertheless  pro- 
hibited by  the  Enabling  Act  from  taxing  any 
land  or  property  of  the  United  States.  I  said 
that  no  matter  what  language  we  put  in,  we 
could  not  reach  the  Government  property,  and 
that  the  Government  alone  had  the  right  of 
property  in  these  lands.     That  is  all  I  said. 

Mr.  COLLINS.  I  desire  to  see  this  matter 
now  settled  and  arranged  so  clearly  and 
definitely  that  our  large  holders  of  property  on 
the  surface,  whether  valuable  house  lots  and 
ranches,  or  whatever  else,  shall  know  that  by 
no  construction  of  the  wording  of  this  instru- 
ment can  they  escape  taxation.  I  want  it  so 
clearly  worded,  and  its  meaning  so  clearly 
brought  out,  that  no  species  of  property  that 
the  Legislature  may  fix  upon  can  escape  taxa- 
tion. And,  therefore,  inasmuch  as  nearly  all  the 
property  of  our  Territory  consists  of  that  kind 
of  property  which  we  derive  from  our  possess- 
ory rights,  I  do  think  it  but  just  to  the  ranch- 
holders,  and  the  holders  of  property  upon  the 
surface,  and  in  the  mines  also,  that  the  words 
"  possessory  rights  "  should  be  incorporated  in 
this  section. 

I  said  yesterday  that  I  would  like  it  very 
much  if  those  small  claim-holders,  those  poor 
men  who  are  laboring  to  strike  a  ledge,  or  who 
are  in  pursuit  of  a  mine,  could  be  exempted.  I 
should  be  glad  if  this  Convention,  in  its  wis- 
dom, could  provide  some  means  whereby  they , 


might  be  exempted  from  taxation,  not  upon 
their  mines,  but  rather  on  their  hopes.  I 
should  be  glad  to  see  a  provision  by  which 
these  prospectors  could  be  exempted,  unless 
they  hold  claims  which  exceed  a  given  value, 
for  it  is  not  a  mine  that  a  man  has,  until  he 
strikes  the  mineral  of  which  he  is  in  pursuit. 
You  cannot  say  that  a  tunnel  or  a  shaft  is  a 
mine  ;  and  I  would  like  to  see  it  provided  that 
those  claims  in  which  men  are  engaged  in 
searching  for  mines  shall  not  be  taxed  until 
they  have  arrived  at  a  certain  market  value, 
not  to  exceed,  for  instance,  one,  three,  five,  or 
pel  haps  ten  dollars  a  foot,  as  the  wisdom  of 
the  Convention  may  determine.  I  regret  that 
my  friend  from  Humboldt  (Mr.  Banks)  did  not 
see  fit  to  present  that  amendment,  which  he 
gave  notice  that  he  should  offer  it  at  a  subse- 
quent time. 

Mr.  BANKS.  I  am  not  in  the  habit  of  inter- 
rupting gentlemen,  but  I  would  like  to  be 
allowed  to  say  here  that  no  opportunity  has 
yet  been  presented  to  offer  that  amendment. 
When  I  suggested  it,  I  did  so  simply  because 
there  was  no  opportunity  then  to  offer  it,  and 
I  have  not,  since  that  time,  had  a  chance  to 
present  it,  although  I  have  endeavored  to  do 
so.  It  will  be  offered,  however,  whenever  there 
is  an  opportunity. 

Mr.  COLLINS.  If  the  section  can  be  amend- 
ed so  as  to  embrace  the  word  "  possessory,"  I 
shall  support  that,  and  I  will  vote  for  the 
amendment  offered  by  the  gentleman  from 
Washoe  (Mr.  Nourse)  if  nothing  better  can  be 
produced,  I  am  in  favor,  however,  of  the 
amendment  suggested  by  the  gentleman  from 
Humboldt,  (Mr.  Banks,)  but  I  do  protest  against 
adopting  any  section  in  such  a  form  that  no 
two  members  of  this  Convention  can  be  found, 
after  our  adjournment,  who  will  be  able  to 
understand  it  in  the  same  light. 

Mr.  WETHElilLL.  I  did  not  come  here  for 
the  purpose  of  occupying  the  time  of  the  Con- 
vention, but  I  wish  to  say  that  yesterday  the 
proposition  was  laid  down  here,  that  whether 
there  was  a  ledge  discovered  or  not,  or  whether 
a  ledge  existed  or  not,  the  mines  should  all  be 
taxed.  That  was  a  broad  and  coraprthensive 
proposition,  and  for  one  I  am  willing  to  meet 
it  squarely.  I  do  not  wish  to  make  it  obliga- 
tory on  the  Legislature.  I  am  willing  to  con- 
cede to  the  Legislature  the  right  to  tax  or  not 
to  tax  the  mines — to  leave  that  question  en- 
tirely with  the  Legislature.  I  did  intend  to 
introduce  a  proposition  here  to  make  it  imper- 
ative on  the  Legislature  not  to  tax  the  mines 
one  dime  ;  but  seeing  the  condition  of  the 
Convention,  and  the  contrariety  of  sentiment 
prevailing  in  it,  I  forego  that  intention,  and 
am  willing  now  to  leave  it  with  the  Legisla- 
ture. Gentlemen  have  conceded  .so  much  as 
to  strike  out  the  provision  directing  and  re- 
quiring the  Legislature  to  tax  mines  and  min- 
ing property.  So  far  so  good.  But  now  they 
turn  around  and  want  to  tax  claims,  leaving 
the  language  of  the  same  import  as  before,  to 


nth  day.] 


TAXATION. 


411 


Friday,] 


Brosnan — Haines. 


[July  15. 


wit :  that  the  Legislature  shall  tax  the  mines. 
Right  there  we  take  issue,  and  we  might  as 
well  settle  the  issue  upon  that  point  at  once. 

Now  if  there  has  been  any  question  thoroughly 
ventilated  in  this  community,  if  there  is  any 
question  that  has  been  thoroughly  discussed, 
here  and  elsewhere,  it  is  this  question  of  taxing 
the  mines.  Consequently  all  this  long  talk  is 
entirely  thrown  away.  I  do  not  suppose  there 
is  a  member  in  the  Convention  but  has  entirely 
and  completely  made  up  his  mind  on  the  sub- 
ject, and  we  might  just  as  well  decide  it  at 
once.  I  want  to  see  a  State  Government  in- 
augurated, not  for  the  sake  of  office,  as  perhaps 
some  politicians  desire  it,  but  for  the  good  of 
the  community.  I  have  asked  for  no  office, 
either  local  or  general,  in  this  Territory.  I  am 
certainly  free  from  that  charge,  and  had  I  con- 
sulted my  own  feelings  I  would  not  have  been 
here  to-day.  But  I  want  to  see  a  State  Govern- 
ment organized,  and  I  am  as  confident  as  I  can 
be  upon  any  question  which  we  have  yet  passed 
upon,  that  no  Constitution  will  be  adopted  by 
the  people  of  this  Territory  with  a  clause  in  it 
making  it  imperative  upon  the  Legislature  to 
tax  the  mines.  That  is  a  proposition  which 
cannot  be  doubted  or  denied.  That  was  the 
very  point  upon  which  was  based  the  condemna- 
tion of  the  old  Constitution,  in  Esmerelda 
County,  last  fall.  I  was  so  situated  that  I  could 
not  well  vote  against  the  adoption  of  that  Con- 
stitution, and  it  was  with  a  feeling  of  deep  re- 
gret that  I  saw  it  defeated.  I  was  conscious  at 
the  time,  and  the  result  was  sufficient  to  con- 
vince me  of  the  fact,  that  the  clause  taxing  the 
mines  was  the  millstone  which  effectually  bore 
us  down,  and  prevented  a  State  organization. 
And  when  I  say  that  Esmeralda  County  is  op- 
posed to  taxing  the  mines.  I  think  I  speak  em- 
phatically the  sentiments  and  wishes  of  that 
county.  Our  interests  in  Esmeralda  County 
are  not  alone  in  the  mines.  We  are  largely  in- 
terested in  agriculture,  also,  and  of  those  en- 
gaged in  agricultural  pursuits  at  least  three 
out  of  four  will  be  found  voting  against  taxing 
the  mines. 

We  might  as  well  meet  this  question  plainly 
and  fairly.  Instead  of  introducing  that  pro- 
hibition which  I  had  contemplated,  providing 
that  the  mines  shall  not  be  taxed,  my  colleagues 
and  myself  are  willing  to  meet  the  gentlemen 
on  the  other  side  half  way.  We  are  willing  to 
leave  it  an  open  question  in  the  Legislature, 
and  let  the  Legislature  in  future  time  deter- 
mine what  taxation  is  necessary  to  support  our 
State  Government,  in  the  event  of  the  adoption 
of  our  Constitution.  We  can  do  no  more  than 
that,  and  we  think  that  gentlemen  are  incon- 
siderate, if  not  ungrateful,  when  they  ask  us  to 
put  in  here  a  peremptory  mandate  that  the 
mines  shall  be  taxed.  If  it  is  a  foregone  con- 
clusion, we  can  only  protest  against  it,  for  I  do 
not  wish  to  hurl  back  the  threat,  which  has 
been  made  here,  that  if  you  do  not  engraft 
into  the  Constitution  this  or  that  particular 
thing  we  will  vote  it  down,    I  say  whether  it 


is  engrafted  in  the  Constitution  or  not,  I  am  in 
favor  of  the  adoption  of  that  Constitution 
which  we  may  frame,  believing  that  in  its  gen- 
eral features  it  will  commend  itself  to  the  fa- 
vorable regard  of  the  people.  The  necessity 
for  a  State  Government  is  apparent. 

But  this  subject  has  been  so  completely  ven- 
tilated that  I  do  not  propose  to  travel  over  the 
ground,  or  to  attempt  to  handle  those  topics 
which  have  been  so  thoroughly  and  ably  han- 
dled by  others.  Let  us  pursue  the  course  which 
I  have  indicated.  Let  us  leave  this  question 
to  the  Legislature.  We  are  not  framing  a  Con- 
stitution which  shall  only  be  for  a  day,  or  a 
week,  or  a  month,  but  one  which  we  hope,  for  a 
long  time  aft*^  its  adoption,  shall  stand  as 
the  fundamental  law  of  the  State.  We  are 
not  framing  a  Constitution  for  an  old  State, 
or  for  a  State  with  a  settled  condition  of  things. 
The  wheel  of  fortune  rolls  rapidly  here,  and 
we  know  not  what  a  few  weeks,  or  even  a  few 
days,  may  bring  forth.  The  Legislature  which 
is  to  asssemble  here  should  be  allowed  there- 
fore to  conform  its  action  to  the  circumstances 
arising  at  the  time.  I  say  emphatically  that 
in  deference  to  the  will  of  the  people,  and  in 
view  of  all  the  safeguards  which  have  been 
thrown  around  the  future  legislation  of  the 
State,  we  ought  to  leave  this  question  to  the 
Legislature  ;  and  beyond  that  we  who  repre- 
sent Esmeralda  County  cannot  go  one  inch. 

Mr.  BROSNAN.  I  have  only  a  few  words  to 
say.  It  seems  to  me  that  we  have  arrived  at  a 
point  in  the  discussion  and  adjustment  of  this 
question  where  we  ought  to  determine  it  at 
once.  For  the  life  of  me  I  cannot  see  any  sub- 
stantial difference  between  the  views  of  gentle- 
men on  this  question  or  between  the  amend- 
ments as  they  stand  before  the  members  of 
this  Convention,  nor  why  one  gentleman  puts 
in  the  word  '•  possessory  "  and  another  says  he 
desires  to  use  instead  the  words  '•  mixed  prop- 
erty." In  every  essential  particular,  in  my 
judgment,  both  amendments  are  the  same.  For 
myself,  and  I  wish  to  express  my  views  in  all 
candor,  I  am  free  to  say  that  I  do  not  know  of 
any  distinction,  in  import  or  meaning,  between 
the  two  modes  of  expression.  I  see  no  tangible 
difference  between  the  one  and  the  other.  If 
my  judgment  is  not  clouded  I  understand  what 
is  meant  by  "  personal,  real  and  mixed  prop- 
erty." and  the  phrase  includes  all  kinds,  and 
every  species  of  property  known  either  in  law 
or  to  the  common  observer.  So  far  as  possess- 
ory rights  are  concerned  they  are  included  in 
that  category,  and  it  seems  to  me  that  it  can  do 
no  harm  to  put  that  word  in.  It  is  merely  a 
pleonasm,  and  therefore,  so  far  as  I  am  con- 
cerned, I  am  willing  to  vote  for  the  one  amend- 
ment or  for  the  other,  for  I  consider  that  one 
is  tantamount  to  the  other. 

Mr.  HAINES.  Although  the  discussion  of 
this  question  has  taken  a  very  wide  range,  and 
as  the  gentleman  from  Esmeralda  (Mr.  Weth- 
erill)  says  there  is  probably  not  a  member  that 
does  not  thoroughly  understand  the  magnitude 


412 


TAXATION. 


[11th  da>. 


Friday,] 


Brosnan — Pbesident — DeLong — Haines — "Wetherill. 


[July  15. 


of  it,  yet  it  seems  to  me  that  no  two  members 
agree  as  to  the  expression,  or  the  term  they 
wish  to  use,  in  order  to  exclude  mines  and  min- 
ing property  from  taxation.  Now,  if  any  lan- 
guage can  be  incorporated  which  will  cover 
the  ground  better  than  that  which  we  have  al- 
ready employed,  it  will  certainly  suit  me  quite 
as  well,  and  I  will  give  it  a  hearty  support  and 
cooperation.  But  when  lawyers  and  doctors 
disagree  I  do  not  know  that  citizens  from  the 
rural  districts  should  be  expected  to  be  pre- 
pared to  say  whether  or  not  they  have  the  sub- 
stance of  what  they  seek,  unless  they  have  the 
language  so  drawn  that  we  can  all  read  and 
understand  It  alike. 

Mr.  BROSNAN.  I  do  not  understand  that 
gentlemen  disagree  in  regard  to  the  identity 
of  meaning  of  those  terms. 

The  PRESIDENT.  I  certainly  disagree.  I 
do  not  think  that  a  possessory  claim  is  included 
in  the  term  "mixed  property." 

Mr.  DeLONG.  Is  it  not  Included  in  the 
term  "  personal  property  "  then  ? 

The  PRESIDENT.  I  say  that  under  our  En- 
abling Act  not  a  single  foot  of  property,  sur- 
face or  mining,  could  be  taxed,  if  the  section 
were  left  with  simply  those  three  words,  "  real, 
personal,  and  mixed,"  if  the  word  possessory 
is  not  also  included. 

Mr.  HaINES.  Now  the  gentleman  from  Es- 
meralda (Mr.  Wetherill)  is  very  anxious  for  a 
State  organization.  And  why  ?  The  reason  is 
very  apparent ;  they  want  a  judicial  head. 
They  want  more  courts,  or  more  judges,  in  or- 
der to  clear  off  that  calendar  which  now  con- 
tains some  six  or  seven  hundred  cases.  As 
things  now  are  they  expect  to  have  to  wait 
three  or  four  years  before  the  present  litigation 
in  respect  to  mining  claims  can  be  brought  to 
a  close.  These  gentlemen  want  a  State  organ- 
ization, but  at  the  same  time  they  tell  us  that  if 
we  tax  the  mines  they  will  defeat  It  three  to 
one.  Now.  I  ask  how  do  they  expect  to  sustain 
a  State  Government,  or  carry  it  on,  without 
having  all  property  taxed,  and  mining  property 
included  ?  Because  nine-tenths  of  all  our  prop- 
erty consists  In  possessory  rights  to  the  mines. 

Mr.  WETHERILL.  I  will  answer  the  gentle- 
man. There  are  now  twenty-flve  millions  of 
property  in  the  Territory,  exclusive  of  property 
in  the  mines,  or  the  proceeds  of  the  mines. 
Now  tax  the  proceeds  of  mines  If  you  choose, 
and  that  is  a  large  item  in  addition.  The  pro- 
gress of  the  Territory  has  been  very  rapid  in- 
deed thus  far,  and  moreover  we  base  the  action 
of  this  Convention  upon  the  progress  which  we 
are  likely  to  make  In  the  future.  We  are  only 
about  three  years  old  now,  and  look  at  the  re- 
markable ratio  of  our  progress!  If  I  thought 
that  ratio  of  progress  was  not  to  continue  In 
the  future,  I  should  certainly  tiiink  we  had  bet- 
ter never  have  met  here.  But  look  at  the  pro- 
gress we  have  made  and  are  still  making.  Be- 
fore the  people  are  called  upon  to  pay  the  in- 
creased taxation  which  has  been  suggested,  the 
amount  of  property  in  the  State  will  be  doubled 


or  perhaps  even  quadrupled,  and  I  think  the 
property  in  the  State,  aside  from  the  mines,  will 
be  ample  to  support  a  State  Government,  when 
the  time  comes  for  its  collection. 

Mr.  HAINES.  And  I  say  if  we  do  not  tax 
the  mines  then  we  must  arrive  at  the  conclusion 
that  this  whole  affair  is  premature,  because  we 
have  not  the  necessary  amount  of  taxable  prop- 
erty, outside  of  the  mines,  within  the  limits  of 
this  Territory,  to  carry  on  or  to  provide  the 
requisite  means  to  sustain  a  State  Government. 
And  I  do  not  believe  that  any  man  in  this  Con- 
vention is  so  Insane  as  to  say  we  are  prepared 
to  sustain  it  with  the  small  amount  of  property 
we  have  outside  of  our  possessory  property  in 
the  mines,  without  creating  a  burden  so  onerous 
that  men  could  not  possibly  live  under  it.  I  do 
not  think  it  is  at  all  practicaVile. 

Mr.  WETHERILL.  I  regret  that  I  have  not 
the  figures  and  estimates  here  by  which  to  show 
the  difference  between  the  expense  of  a  Terri- 
torial Government  and  the  expense  of  a  State 
Government ;  but  I  should  like  to  see  such  an 
estimate,  and  I  do  not  think  that  the  difference 
would  be  found  to  be  very  great.  I  know  that 
certainly  some  of  the  positions  which  have  been 
taken  here  on  that  subject  will  not  hold  good. 
For  Instance,  the  cost  of  the  erection  of  public 
buildings  has  been  adverted  to,  but  I  do  not 
suppose  it  is  the  intention  of  anybody  to  erect 
a  capitol  at  the  present  time,  and  in  the  old 
Constitution  it  was  provided  specially  that  none 
should  be  erected  for  a  term  of  six  years. 
Moreover,  the  proposed  aid  to  the  Pacific  Rail- 
road was  there  estimated  as  a  part  of  the  State 
expenses,  but  I  submit  that  that  is  wholly  an 
unfair  argument.  And  there  would  be  still 
another  curtailment  of  expenses,  under  the 
judicial  system  which  we  propose  to  establish. 

Mr.  DeLONG.  Our  courts  are  to  be  self- 
sustaining. 

Mr.  WETHERILL.  That  is  correct,  and  if 
that  is  done  I  think  the  expenses  of  the  State 
Government  will  scarcely  exceed  those  of  the 
Territorial  Government,  or  at  any  rate  the 
difference  will  arise  mainly  by  virtue  of  our  not 
receiving  twenty-five  or  thirty  thousand  dollars 
a  year  from  the  General  Government,  We 
would  have  to  pay  that  ourselves,  and  I  put  it 
to  every  man  on  the  floor  whether  he  is  not 
willing  to  do  that.  Even  if  we  should  continue 
under  the  Territorial  Government,  are  not  we 
willing  to  relieve  the  Federal  Government,  in 
these  times,  of  that  expense?  I  say  that  is  a 
duty  which  we  owe  to  ourselves  and  to  our 
common  country. 

Mr.  HAINES.  From  my  experience  in  Cal- 
ifornia, I  am  not  prepared  to  agree  with  the 
gentleman  in  regard  to  the  non-increase  of 
taxation,  provided  we  change  our  condition  to 
that  of  a  State  Government.  I  believe  that  a 
consequent  increase  of  expense  and  necessarily 
of  taxation  also,  is  pretty  generally  and  satis- 
factorily understood  by  most  of  the  members 
of  the  Convention.  We  expect  that  our  taxes 
will  be  increased  quite  one  half  at  least,  and  I 


nth  day.] 


TAXATION. 


413 


Friday,] 


Johnson. 


[July  15. 


think  they  will  be  double  what  they  are  to-day 
the  moment  we  emerge  from  the  condition  of  a 
Territory  into  that  of  a  State.  The  experience 
of  California  has  been  enough.  I  think,  to  warn 
every  man  here  not  to  embark  in  so  grave  an 
enterprise  without  first  preparing  the  ways  and 
means.  During  the  argument  we  have  heard 
here  from  time  to  time,  the  California  mines 
have  been  referred  to,  but  the  fact  has  been 
finally  brought  out  that  the  California  mines 
have  never  been  taxed.  Now  we  do  know  with 
certainty  that  had  the  mines  of  California  been 
taxed,  had  a  provision  been  engrafted  in  the 
California  Constitution  at  an  early  day  taxing 
her  mines,  she  would  not  to-day  be  groaning 
under  her  present  burden.  But  what  was  the 
consequence?  The  people  of  California  were 
unfairly  represented.  Members  from  mining 
counties  did  not  feel  the  responsibility  of  legis- 
lation, since  the  burden  of  the  Government 
did  not  fall  upon  them  or  their  constituents. 
They  were  ready  and  eager  to  legislate  and  to 
vote  away  money  freely  which  the  people  of 
other  counties  had  to  pay.  And  the  Legisla- 
ture lavished  appropi  iations  upon  every  frivol- 
ous thing,  and  squandered  the  people's  money 
by  millions. 

Now  I  propose  to  make  the  language  of  this 
provision  so  plain  that  no  man  can  be  deceived. 
I  do  not  propose  to  mystify  it,  so  that  my  con- 
stituents may  not  vote  against  it.  Tell  the 
truth  and  do  not  attempt  to  mystify  and  de- 
ceive the  people.  Do  not  engraft  into  tht 
Constitution  any  language  other  than  what  you 
mean,  and  tell  the  people  that  it  means  the 
same  thing.  Do  not  adopt  a  provision  making 
one  class  of  the  people  pay  all  the  taxes,  and 
tell  them  at  the  same  time  that  you  have  done 
no  such  thing.  It  was  argued  in  the  other 
Convention,  1  remember,  that  with  a  slight 
change  of  the  language  we  could  tax  the 
mines,  and  at  the  same  time  make  the  miners 
believe  they  would  not  be  taxed.  I  do  not 
want  this  Convention  to  take  such  a  course  as 
that.  I  hope  all  the  amendments  will  be  voted 
down,  and  then  either  let  us  accept  the  clause 
as  adopted  by  the  former  Convention  as  a 
whole,  or  else  let  us  go  home  satisfied  that  we 
do  not  want  a  Constitution,  and  be  prepared  to 
stump  our  respective  counties  against  it. 

[Mr.  DeLong  in  the  Chair.] 

Mr.  JOHNSON.  I  do  not  wish  to  take  up 
the  time,  but  upon  the  invitation  of  the  gentle- 
man from  Esmeralda,  (Mr.  Wetherill,)  I  wish 
to  present  a  few  figures  iu  relation  to  the  ex- 
penses of  a  State  Government.  I  have  several 
times  made  estimates  upon  this  subject,  both 
subsequent  to  the  adjournment  of  the  former 
Convention,  and  while  the  result  of  its  labors 
was  still  pending  before  the  people,  in  the  can- 
vass, and  here,  since  we  have  so  far  proceeded 
as  to  foreshadow  the  material  results  of  our 
own  labors ;  and  the  conclusion  I  have  arrived  at 
is,  that  this  State  Government  can  be  adminis- 
tered for  about  the  sum  of  three  hundred  thou- 
sand dollars  a  year,  and  that  upon  any  sum 


less  than  that  we  cannot  reasonably  calculate  to 
support  it.  I  exclude  from  the  calculatiou  which 
I  have  made  here,  any  computation  of  interest 
on  the  Pacific  Railroad  or  other  railroad  bouds, 
and  also  any  consideration  of  the  cost  of  the 
erection  of  public  buildings.  And  I  think  if 
gentlemen  will  take  the  frame-work  of  the 
Constitution,  so  far  as  we  have  it  outlined,  and 
the  general  ideas  we  have  already  as  to  the 
salaries  of  ofBcers,  and  the  various  other  ex- 
penses of  the  State,  they  will  find  that  the  sum 
I  have  named  is  not  far  from  an  approximate 
estimate  of  the  expense  of  a  State  Government. 
Now  it  is  said  that  we  have  in  the  Territory 
about  twenty-five  millions  of  property,  exclu- 
sive of  mining  property,  or  the  proceeds  of  the 
mines.  I  am  willing  to  take  that  as  the  basis 
of  an  estimate — and  whilst  I  concede  that  there 
has  been  considerable  decrease  in  the  taxa- 
ble value  of  property  in  some  portions  of 
the  Territory,  I  am  willing  also  to  concede 
that  there  has  been  an  increase  in  other  por- 
tions, to  such  an  extent  as  to  about  keep  pace 
with  such  diminution.  I  therefore  take  it  as  a 
basis,  that  in  the  approaching  year  there  will 
be  twenty-five  millions  of  property,  other  than 
the  proceeds  of  mines,  and  mining  property  in 
any  sense,  subject  to  taxati;  n.  Now  I  think  it 
is  not  an  under  estimate  to  place  the  proceeds 
of  the  mines,  if  that  were  the  basis  for  their 
taxation,  independent  of  their  value,  at  fifteen 
millions  more.  I  do  not  suppose,  in  view  of  all 
the  surroundings,  that  any  gentleman,  taking 
it  from  the  present  month  to  the  first  day  of 
July  next,  would  place  the  proceeds  of  the 
mines  higher  than  that  figure.  Some  gentle- 
men may  possibly  think  it  should  be  higher— 
and  certainly  none  desire  it  to  be  so  more  than 
I  do — but  such  is  my  opinion  judging  from  tlie 
proceeds  of  last  year.  Among  the  reasons  why 
I  entertain  this  opinion  regarding  the  subject 
of  the  proceeds,  is  this  :  I  know,  from  my  own 
personal  knowledge,  that  in  the  county  of 
Storey  many  of  the  mines  will  greatly  increase 
in  production  over  the  last  year  ;  but  the  pol- 
icy which  has  been  inaugurated,  by  which  the 
Gould  and  Curry  mine  is  to  be  worked  here- 
after, will  certainly  result  in  a  very  great  dim- 
unition  of  the  amount  of  the  proceeds  of  that 
mine. 

It  is  now  proposed  not  to  impoverish  the 
mine,  as  they  say,  but  to  work  it  more  gradu- 
ally, and  we  know  that  there  are  about  twenty 
mills  which  have  heretofore  been  working  ores 
from  that  mine,  that  are  now  supplied  with 
ores  from  other  mines.  All  things  consid- 
ered, I  think  the  most  favorable  estimate  that 
can  be  made  of  the  gross  proceeds  of  the  mines 
for  the  coming  year  is  about  fifteen  millions  of 
dollars.  I  believe  about  twelve  millions  of 
dollars  was  the  amount  last  year,  and  if  I  am 
not  correct  in  that  I  will  be  obliged  to  any  gen- 
tleman who  will  correct  me.  Then  these  fifteen 
millions  of  dollars  added  to  the  twentj^-five 
millions  of  dollars  of  other  property,  making 
the  increase  in  some  instances  an  oflf-set  for  the 


414 


TAXATION. 


[11th  day. 


Friday,] 


Warwick — Johnson. 


[July  15. 


diminution  in  others,  gives  us  an  aggregate  of 
forty  millions  of  taxable  property,  exclusive  of 
tlie  taxation  of  the  mines  themselves,  but  in- 
cluding the  same  species  of  property  which  was 
taxed  last  year — that  is,  all  the  ranches  and 
possessory  rights  to  lands  confessedly  belong- 
ing to  the  Government — all  the  personal  pos- 
sessions of  such  lands,  even  if  we  are  not  in- 
hibited by  the  terms  of  the  Enabling  Act  from 
taxing  them,  and  I  declare  that  I  really  believe 
if  wc  leave  out  of  this  clause  those  words 
"  possessory  claims,"  and  simply  incorporate 
the  word  "  mixed,"  I  have  grave  doubts  as  to 
whether  we  have  the  right  to  tax  them.  But.  I 
say,  allowing  that  they  are  to  be  taxed,  and  the 
mines  are  not,  but  only  the  proceeds  of  the 
mines,  then  we  have  a  basis  of  forty  millions  of 
dollars  upon  which  to  levy  a  tax  for  the  sup- 
port of  the  State  Government.  Now,  gentle- 
men who  are  familiar  with  the  matter  of  the 
collection  of  the  revenue  know  that  there  are 
expenses  incidental  to  such  collection,  and 
losses  from  delinquents.  1  think  from  my  own 
observation  and  experience,  and  it  has  been 
somewhat  considerable  in  that  respect,  that  it 
is  not  an  over-estimate  to  say  that  twenty-five 
per  cent,  should  be  deducted  for  delinquencies 
and  the  expenses  of  collection  ;  so  that,  having 
forty  millions  as  a  basis  of  revenue,  including 
the  proceeds  of  the  mines,  and  the  expenses  of 
the  government  being  three  nundred  tiiousand 
dollars,  to  raise  the  requisite  amount,  deducting 
the  twenty-five  per  cent,  for  delinquents  and 
expenses  of  collection,  we  shall  have  to  levy  a 
tax  amounting  to  four  hundred  thousand  dol- 
lars, which  gives  us  the  three  hundred  thousand 
dollars,  after  allowing  for  delinquencies,  and 
paying  the  expenses  of  collection.  That  is  to 
say,  we  have  necessarily  to  levy  a  tax  of  one 
hundred  cents  on  each  one  hundred  dollars. 

Now  on  the  other  hand,  how  are  we  situated 
financially,  as  the  Territorial  laws  stand  at 
present?  We  have  a  taxable  property,  an  esti- 
mate of  which  has  already  been  given,  and  the 
expense  of  our  Territorial  Government  is  also 
pretty  well  ascertained  and  understood.  But 
in  addition  to  that,  by  the  laws  of  the  Terri- 
tory, as  we  have  been  before  informed,  and  as 
we  all  know,  all  the  property  in  the  Territory 
is  taxed,  including  the  mines.  There  is  no  law 
of  Congress  to  the  contrary,  and  the  tax  laws 
of  the  Territory  now  in  force  bear  witness  that 
all  the  mines  have  to  be  assessed  and  taxed  un- 
der our  present  Territorial  system.  We  have 
therefore  under  the  Territorial  organization 
the  large  revenue  to  be  derived  IVom  this  class 
of  property,  which  in  my  judgment  may  be 
estimated  at  not  less  than  forty  millions  of  dol- 
lars mure— that  is,  in  addition  to  the  property 
other  than  mining  property,  in  the  Territory. 
We  have  therefore  sixty-five  millions  of  dollars 
as  the  basis,  upon  which  to  raise  a  revenue  for 
the  Territorial  Government,  as  against  forty 
millions  of  dollars  as  the  basis  from  wliich  to 
raise  a  revenue  to  support  a  State  Government, 
the  expense  being  at  the  same  time  very  great- 


ly increased  for  the  support  of  the  State  Gov- 
ernment. Now  if  we  remain  under  our  Terri- 
torial form  of  government,  a  tax  of  thirty  cents 
on  the  one  hundred  dollars  (and  it  was  reduced 
from  sixty  to  thirty  cents  by  the  last  Legisla- 
ture, so  that  now  we  have  a  tax  of  only  thirty 
cents  on  the  one  hundred  dollars,)  in  the  opin- 
ion of  the  best  financiers,  of  those  who  are 
most  conversant  with  the  state  of  our  affairs, 
will  be  amply  sufficient  to  bear  the  expenses  of 
our  Territorial  Government,  and  to  pay  the 
accruing  interest  on  the  public  debt. 

Therefore  we  have  pi'esented  this  question  to 
go  before  the  people,  wiiether  they  will  have  a 
State  Government,  with  a  tax  of  one  dollar  on 
each  one  hundred  dollars,  or  a  Territorial  Gov- 
ernment which  only  requires  a  tax  of  thirty 
cents  on  each  one  hundred  dollars.  This  I 
regard  as  a  fair  statement  of  the  question  in- 
volved in  the  propositions  before  the  Conven- 
tion, and  I  only  refer  to  this  matter  in  order 
that  we  may  be  able  in  advance  to  see  the  issues 
which  we  shall  have  to  meet — those  of  us  who 
advocate  a  State  Government — when  we  go 
before  the  people.  Upon  this  basis,  either  as 
friends  or  opponents  of  a  State  Government, 
we  have,  as  frank  and  sincere  men,  to  submit 
it  to  the  people,  that  with  a  State  Government 
they  will  be  required  to  pay  a  tax  of  one  hund- 
red cents  on  the  one  hundred  dollars,  against 
a  tax  of  only  thirty  cents  on  the  one  hundred 
dollars,  under  the  Territorial  Government. 

Mr.  WARWICK.  Before  the  gentleman  sits 
down,  will  he  have  the  kindness  to  state  the 
items  upon  which  he  estimates  the  aggregate 
expenses  of  the  State  Government  ?  He  states 
that  the  aggregate  expense  will  be  three  hun- 
dred thousand  dollars  ;  will  he  give  us  the  items 
that  go  to  make  up  that  amount  ? 

Mr.  JOHNSON.  I  have  not  the  figures  here, 
but  I  have  them  at  my  office.  I  did  intend  to 
present  them  yesterday,  but  I  felt  somewhat  as 
if  I  should  be  trespassing  too  much  on  the  time 
of  the  Convention,  and  I  forgot  to  bring  them 
with  me  this  morning. 

Mr.  WARWICK.  There  can  be  no  subject  of 
greater  interest  to  the  Convention  than  that, 
and  I  desire  at  least,  for  the  information  of  the 
Convention,  to  have  those  items  presented.  I 
ask  the  gentleman  to  give  us  the  larger  items, 
at  least.  It  is  proposed  that  the  judiciary  shall 
be  self-sustaining,  and  I  would  like  to  know  if 
the  expense  of  the  judiciary  does  not  go  to  make 
up  some  of  this  account,  and  if  therefore  that 
item  of  expense  does  not  go  to  sustain  the  argu- 
ment of  the  gentleman  upon  the  subject  which 
we  are  discussing. 

Mr.  JOHNSON.  I  believe  I  have  heard  that 
word  self-sustaining  used  on  only  two  occasions 
before,  in  relation  to'the  judiciary.  I  heard  it 
used  once  in  the  Judiciary  Committee,  and  once 
l)y  the  gentleman  who  now  occupies  the  Chair, 
(Mr.  DeLong.)  With  those  exceptions  I  have 
heard  of  no  action,  either  by  the  Judiciary 
Committee,  or  by  anybody  else,  by  which  it  was 
proposed  to  make  the  judiciary  self-eustaining. 


11th  da3^] 


TAXATION. 


415 


Friday,] 


J  OHNSON — BrOSXAN — HaWLET. 


[July  15. 


The  PRESIDENT  pro  tern,  (Mr.  DeLONG.) 
Was  it  not  proposed  that  there  should  be  a 
judge's  fee  or  a  court  fee,  so  as  to  make  the 
litigants  pay  the  expense  of  the  judiciary — 
imposing  a  fee,  to  be  paid  into  the  salary  fund 
for  the  support  of  the  judges? 

Mr.  JOHx\SON.  I  think  I  heard  that  subject 
remarked  upon  by  the  gentleman  himself,  in  the 
Committee  on  the  Judiciary,  but  the  matter,  if 
I  recollect  aright,  was  not  discussed,  or  if  it 
was,  then  it  was  whilst  I  was  not  present.  There 
was  but  one  occasion  on  which  the  proposition 
to  make  the  judiciary  self-sustaining  was  seri- 
ously discussed.  I  did  hear  the  gentleman  now 
in  the  Chair  make  a  remark  to  that  effect  in  the 
Judiciary  Committee,  but  it  never  assumed  so 
serious  a  phase  as  to  be  the  subject  of  discus- 
sion. 

The  PRESIDENT  pro  tern.  Because  we  never 
reached  that  part  of  the  Article. 

Mr.  JOHNSON.  That  may  l)e  true,  but  I  am 
speaking  only  of  the  action  which  has  been 
taken  tlius  far  by  the  Convention,  or  which  has 
been  taken  thus  far  by  the  Committee  on  the 
Judiciary.  And  taking  that  action  for  a  guide, 
as  well  as  the  action  of  the  last  Convention,  I 
see  nothing  to  foreshadow  the  idea  of  making 
the  judiciary  self-sustaining.  And  here  let  me 
remark  that  there  was  some  such  suggestion  in 
the  last  Convention — and  in  referring  to  that  1 
know  I  am  out  of  order,  but  I  speak  only  by 
leave — but  it  seemed  to  meet  with  universal 
reprobation,  in  the  committee  in  which  it  was 
brought  up. 

Mr.  BROSNAN.  Not  in  the  committee  of 
which  I  was  a  member. 

Mr.  JOHNSON.  No,  sir  ;  it  was  in  the  Leg- 
islative Committee.  An  objection  was  raised 
by  Judge  Ralston,  I  remember,  that  satisfied 
me  as  well  as  the  rest  of  tlie  committee.  The 
proposition  was  simply  this,  that  the  Courts 
should  be  open  to  all  men,  without  any  taxation 
whatever  ;  that  the  law  was  sufficiently  bur- 
densome at  the  best,  and  that  all  pirties, 
whether  rich  or  poor,  should  be  allowed  to 
come  into  the  courts  and  not,  upon  crossing  the 
threshold,  be  met  with  a  rebuff,  or  denied  per- 
mission to  enter  unless  they  could  pay  a  large 
sum  of  money  as  the  price  of  obtaining  justice. 
I  was  oppoj^ed  to  that  proposition  then,  and  I 
should  be  opposed  to  it  now,  and  if  it  had  been 
seriously  entertained  in  the  Judiciary  Commit- 
tee. I  should  certainly  have  given  expression  to 
the  views  I  now  entertain.  I  think  we  should  im- 
pose no  tax  upon  parties  litigant,  but  that  the 
courts  should  be  supported  by  a  taxation  of  all 
the  property  of  the  State  alike,  as  is  done  in 
other  Stales,  leaving  the  courts  open  and  free 
to  all.  I  should  certainly  be  opposed  to  im- 
posing any  tax  upon  the  litigants,  in  order  to 
make  the  courts  self-sustaining. 

The  PRESIDENT  jiro^m.  But  there  never 
has  been  any  objection  raised  in  California  to 
the  mode  of  sustaining  the  two  District  Courts 
in  San  Francisco,  the  judges  of  which  have 
been  paid  by  the  small  amounts  paid  in  as  fees 
by  litigants. 


Mr.  JOHNSON.  I  do  not  know  how  that 
may  be  ;  it  was  some  years  since  I  was  in  Cali- 
fornia. 

Mr.  BROSNAN.  It  is  the  established  rule 
m  San  Francisco  ;  they  pay  a  fee  of  three  dol- 
lars, I  think. 

The  PRESIDENT  jsro  tem.  I  believe  that  is 
the  rule  all  over  the  State. 

Mr.  JOHNSON.  It  would  take  a  much  larger 
amount,  to  support  our  judiciary,  than  could 
possibly  be  raised,  I  conceive,  from  such  a  fee. 
I  have  made  an  estimate  of  the  expense  of  sus- 
taining our  judiciary  as  we  propose  to  estab- 
lish it.  The  exact  figures  I  have  forgotten,  but 
if  it  is  to  be  supported  by  a  tax  on  the  counties 
then  it  would  diminish  the  State  expenses  to 
that  extent,  but  at  the  same  time  it  adds  to  the 
county  expenses,  so  thai  it  is  as  broad  as  it  is 
long,  because  the  people  in  the  end  have  it  to 
pay,  and  it  makes  no  material  difference  to 
them  whether  they  pay  it  as  a  State  or  a 
county  tax.  I  apprehend  that  the  Supreme 
Court  judges  will  receive  a  salary  of  not  less 
than  seven  or  eight  thousand  dollars  ;  I  have 
heard  no  expression  of  opinion  on  this  subject 
from  members  of  the  Convention,  but  such  is 
my  own  view.  But  when  you  come  to  add  to 
that  the  salaries  of  the  District  Judges  in  the 
several  districts,  some  ten  or  eleven  of  which 
we  propose  to  establish,  I  believe  it  will  be  a 
heavy  burthen  either  upon  the  counties  or  upon 
the  State,  and,  as  I  before  remarked,  it  is 
just  as  broad  as  it  is  long  in  either  case,  being 
an  expense  and  charge  to  the  people. 

I  think  if  gentlemen  will  themselves  make 
the  estimate,  they  will  find  that  they  cannot  fall 
short  of  this  amount  of  three  hundred  thousand 
dollars  for  the  expenses  of  the  State  Govern- 
ment, allowing  for  all  reasonable  expenditures, 
and  there  will  be  some  for  which  no  items  pre- 
sented in  an  estimate  could  provide.  I  have 
been  compelled  in  an  official  relation  to  make 
estimates  heretofore  in  the  State  of  California, 
and  I  know  that  in  some  cases  the  estimates  were 
exceeded  by  actual  expenditures  perhaps  two 
or  three  hundred  thousand  dollars,  and  I  cannot 
think  that  any  proper  estimate  can  be  made 
showing  that  less  than  three  hundred  thousand 
dollars  will  be  necessary  to  pay  the  expenses  of 
our  State  Government  for  one  year,  even  if  it 
is  economically  administered.  But  taking  that 
as  a  basis — and  I  present  these  views  to  give 
the  Convention  a  basis  merely — even  if  the 
taxation  of  the  State  is  limited  by  the  Conven- 
tion, we  shall  have  to  go  before  the  people  and 
defend  the  instrument  upon  this  hypothesis, 
that  the  taxation,  even  for  State  purpos(S.  is  to 
be  enhanced  from  thirty  to  one  hundred  cents 
on  the  hundred  dollars. 

Mr.  HAWLEY.  I  wish  to  ask  one  question. 
I  was  making  this  same  calculation  a  few 
months  ago,  for  myself,  and  I  found  that  taking 
everything  into  the  account,  the  taxable  prop- 
erty of  the  State  only  amounts  to  twenty-five 
millions  of  dollars.  Is  not  that  the  entire 
valuation  now,  if  we  do  not  tax  the  mines  ? 


416 


TAXATION. 


[11th  daj. 


Friday,] 


Johnson— Haines — Brosnan — Earl— Chapin. 


[July  15. 


Mr.  JOHNSON.  I  add  the  gross  proceeds  of 
the  mines,  which  malies  it  forty  millions.  Of 
course  if  that  is  not  done  we  have  only  twenty- 
five  millions. 

Mr.  HAINES.  Does  the  gentleman  from 
Ormsby  base  his  calculations  upon  the  last 
assessment  ? 

Mr.  JOHNSON.    Yes,  sir. 

Mr.  HAINES.  The  gentleman  certainly  does 
not  believe  that  it  will  amount  to  as  much 
another  year  ? 

Mr.  JOHNSON.  Yes,  sir.  Whilst  it  is  well 
understood,  and  generally  conceded,  that  in 
some  counties  the  assessments  of  this  year  will 
fall  short  of  last  year,  I  am  willing,  for  the 
sake  of  the  argument,  to  admit  that  the  in- 
crease in  other  portions  of  the  Territory  will 
equal  that  decrease,  so  that  I  believe  it  is  not  an 
unjust  or  unfair  estimate,  founded  upon  all  the 
facts  and  surroundings,  that  we  have  a  basis  of 
twenty-five  millions,  exclusive  of  mining  prop- 
erty. I  think  that  would  be  a  just  and  proper 
estimate,  and  upon  that  basis  1  arrive  at  these 
conclusions. 

There  is  another  matter  which  I  desire  to 
make  myself  understood  upon,  if  I  have  not 
been  heretofore.  I  find  that  some  members 
have  been  disposed  to  regard  my  remarks  in  the 
light  of  a  menace,  to  the  etfect  that  unless  they 
should  adopt  the  views  which  1  have  advocated 
I  would  exert  my  influence  against  the  adoption 
of  the  Constitution,  and  a  State  organization. 
Now  I  have  said  only  this,  that  I  did  not  desire 
a  State  Government  which  would  not  be  self- 
sustaining,  and  I  would  be  an  ingrato  to  the 
people  who  sent  me  here,  and  false  to  the  teach- 
ings of  my  past  life,  if  1  should  dare  to  go  before 
the  people  and  advocate  the  adoption  of 
a  State  Government,  unless  it  could  be  shown 
that  we  can  support  that  government,  by  a  lim- 
ited increase  or  addition  to  the  present  rates  of 
taxation,  in  order  to  obtain  the  great  advan- 
tages which  we  all  freely  admit  are  to  be  do- 
rived  from  a  State  Government.  I  wish  to  be 
understood  when  I  assert  that  if  we  frame  and 
adopt  here  a  State  Constitution  under  which 
the  taxation  of  the  people  shall  be  equal,  and 
by  which  the  people  are  not  excessively  taxed, 
I  shall  be  in  favor  of  it ;  but  if,  on  the  contrary, 
the  people  are  to  be  unequally,  or  onerously 
taxed  by  its  provisions,  I  cannot  ask  them  to 
vote  for  the  instrument.  That  is  as  far  as  I 
can  go,  as  an  individual,  and  I  think  in  that 
I  speak  the  sentiments  of  a  large  proportion 
of  the  people  of  this  Territory. 

Mr.  BROSNAN.     And  of  the  Convention  too. 

Mr.  JOHNSON.  I  think  so.  We  have  come 
here  from  all  parts  of  the  Territory,  and,  to  use 
the  language  which  I  did  in  the  last  campaign, 
we  have  come  here  for  a  noble  purpose,  without 
reward,  or  hope  of  reward,  but  honestly  to  rep- 
resent the  constituents  who  have  sent  us  here. 
Under  these  circumstances  I  do  not  think  it 
can  be  imputed  to  any  man  that,  for  the  sake 
of  personal  ends,  or  for  the  purpose  of  securing 
certain  advantages,  he  would  foist  a  govern- 


ment upon  the  people  which  would  be  burden- 
some or  grievous.  I  have  formed  too  high  an 
estimate  of  each  and  every  member  of  the 
Convention  to  believe  any  such  thing,  and  I  do 
not  desire  any  remarks  which  I  have  made,  or 
may  offer,  to  be  by  any  possibility  construed 
into  a  suspicion  of  an  imputation  that  any  man 
here  is  actuated  by  any  such  ignoble  motive  or 
purpose.  On  the  contrary,  I  attribute  to  every 
member  the  holler  and  nobler  purpose  of  de- 
siring to  construct  the  framework  of  a  State 
Government  which  shall  be  the  best  that  can  be 
devised,  and  which  shall  exist  after  we  shall 
cease  to  be. 

Such  are  my  views,  and  it  is  in  advocacy  of 
the  opinions  which  I  and  other  members  enter- 
tain, that  1  have  deemed  it  necessary  to  urge 
upon  the  Convention  the  propriety,  yea  the  ne- 
cessity, of  taxing  all  property  alike.  I  think 
the  facts  and  figures  within  the  reach  of  every 
member  of  the  Convention,  as  well  as  those  I 
have  presented,  or  any  other  basis  of  calcula- 
tion which  any  gentleman  can  present,  must 
prove  the  necessity  of  pursuing  that  course. 

Mr.  EARL.  Do  I  understand  that  we  have 
an  amendment  now  pending? 

The  PRESIDENT  pro  tern.  Yes,  sir  ;  and 
then  an  amendment  to  an  amendment. 

[The  Pkesident  in  the  Chair.] 

The  Secretary  read  the  amendments  pending, 
the  question  being  first  on  the  amendment  otter- 
ed by  Mr.  Kennedy  to  the  amendment  by  Mr. 
Nourse,  striking  out  the  words  "  possessions 
and  possessory  rights,"  and  inserting  the  words 
••  real,  personal,  and  mixed,"  so  that  the  section 
would  read  : 

Sec.  1.  The  Legislature  shall  provide  by  law  for  a 
uniform  and  equal  rate  of  assessment  and  taxation, 
and  shall  prescribe  such  regulations  as  shall  secure  a 
just  vahiation  for  taxation  of  aU  property,  real,  per- 
sonal, and  mixed,  except  such  only  as  may  be  exempt 
by  law  for  municipal,  educational,  literary,  scientific, 
religious  or  charitable  purx^oses. 

Mr.  EARL.  I  shall  vote  against  the  amend- 
ment although  if  I  were  certain  that  we  should 
not  have  a  certain  other  amendment  I  would 
not.     As  it  is,  I  shall  vote  against  it. 

The  question  was  taken  by  yeas  and  nays  on 
Mr.  Kennedy's  amendment,  and  the  vote  was — 
yeas,  8  ;  nays,  24 — as  follows  : 

Yeas — Messrs.  Brosnan,  DeLong,  Hovey,  Hudson, 
Kennedy,  Masou,  McClinton,  and  Parker— 8. 

Nays — Messrs.  Banks,  Belden,  Brady,  Brosnan,  Cha- 
pin, Collins,  Crawford,  Dunne,  Earl,  Fitch,  Folsom, 
Gibson,  Haines,  Hawley,  Kinkcad,  Lockwood,  Miir- 
dock,  Nourse,  Sturtevant,  Tagliabue,  Tozer,  Warwick, 
WetheriU,  and  Mr.  President — 24. 

Mr.  CHAPIN.  I  now  move  to  amend  the 
amendment  ottered  by  the  gentleman  from 
Washoe  (Mr.  Nourse,)  by  substituting  the  fol- 
lowing : 

Sec.  1.  The  Legislature  shall  provide  by  law  for  a 
uniform  and  equal  rate  of  assessment  and  taxation, 
and  shall  prescribe  such  regulations  as  shall  secure  a 
just  valuation  for  taxation  of  all  jiroperty,  both  real, 
personal,  and  possessory,  according  to  its  true  value  in 
money,  excepting  such  property  as  may  bo  exempted 
by  law  for  municipal,  educational,  literary,  scientific. 


nth  day.] 


TAXATION. 


417 


Friday,] 


Belden—Chapin— Fitch — Nourse—Baxks— Collins. 


[July  15. 


religious  or  charitable  purposes  ;  provided,  that  in  the  i 
taxation  of  mines  only  the  proceeds  thereof  shall  be  [ 
taxed.  I 

I  have  only  a  very  few  remarks  to  make  upon 
the  amendment.  Quite  a  number  of  gentlemen  ' 
who  have  submitted  and  advocated  other  propo- ! 
sitions  and  amendments,  have  admitted  that' 
they  believed  this  to  be  the  true  system  of  de-  i 
riving  revenue  from  the  mines,  and  the  one  \ 
that  would  hereafter  have  to  be  adopted.  This 
substitute  leaves  it  open  for  the  Legislature  to  [ 
tax  the  bullion,  if  they  please,  or  by  putting' 
the  property-owners,  or  the  owners  of  mines, ! 
under  oath,  or  in  any  other  way  tUey  see  fit,  to  i 
get  at  the  correct  proceeds  of  the  mines.  The  ! 
Federal  Government  has  seen  prop-r  to  adopt 
this  same  method,  and  I  fully  believe  that  it  is! 
the  true  method  for  us  to  adopt  here.  Then  we 
relieve  entirely  the  prospecting  miners  from  that  | 
taxation  which  we  know  would  become  so ' 
heavy  a  burden  upon  them,  and  which  would! 
raise  up  an  opposition  to  our  Constitution  so  j 
powerful  that  it  would  be  certain  to  defeat  it. 
We  relieve  those  miners,  and  at  the  same  timel 
destroy'  that  opposition.  Now  I  am  willing  to 
come  in  and  join  with  other  gentlemen  iu  sup 
porting  a  proposition  of  this  kind,  and  so  have 
the  question  settled  in  our  fundamental  law,  in 
such  a  waj'^  that  there  can  be  no  misunderstand- 
ing about  it.  Gentlemen  have  complained  very 
much  here  about  the  uncertainty  ot  the  various 
propositions  which  have  been  submitted  before 
the  Convention,  and  have  stated  that  a  year  or 
two  might  elapse  before  the  various  questions 
involved  would  be  settLsd  by  the  Supreme 
Court,  so  as  to  know  whether  the  mines  were 
to  be  taxed  or  not,  and  so  as  to  know  what 
constitutes  a  mine,  and  whether  or  not  mines 
are  to  be  considered  taxable  property,  etc. 
But  this  amendment  would  settle  the  whole 
question  at  once.  I  am  in  favor  of  adopting 
something  which  will  be  definite  and  conclu- 
sive, and  therefore  I  hope  this  amendment  will 
prevail. 

Mr.  BELDEN.  Does  the  gentleman  mean  to 
provide  for  taxing  the  net  or  the  gross  proceeds 
of  the  mines? 

Mr.  CHAPIN.  The  amendment  leaves  that 
to  the  Legislature  entirely  ;  that  is  my  idea. 

Mr.  FITCH.  I  have  a  proposition  to  make 
and  not  a  speech.  I  propose  as  these  various 
amendments  are  offered,  to  be  voted  up,  or 
voted  down,  that  we  take  the  ayes  and  noes. 
and  settle  the  matter  one  way  or  the  other, 
without  further  debate.  We  have  debated  this 
subject  two  days  now,  and  I  think  that  is  long 
enough. 

The  PRESIDENT.  Then  I  suggest  that  it 
would  perhaps  be  better  to  withdraw  these 
amendments  and  vote  first  on  the  one  oft'ered 
by  the  gentleman  from  Washoe  (Mr.  Nourse.) 

Mr.  CHAPIN.  No,  sir  ;  I  want  the  ayes  and 
noes  on  this  amendment. 

Mr.  NOURSE.  I  ask  for  a  division  of  the 
question. 

Mr.  BANKS.    I  like  the  style  of  that  amend. 
Al 


ment,  and  its  spirit,  and  in  fact  it  meets  with 
my  approbation  entirely,  but  I  would  be  glad 
if  the  gentleman  from  Storey  would  withdraw 
it  for  the  present,  provided  it  is  understood  that 
we  come  to  a  vote  upon  that  amendment  ulti- 
mately. I  am  willing  to  extend  the  courte.«y  to 
the  gentleman  from  Washoe  (Mr.  Nourse)  to 
have  his  proposition  voted  upon  first.  It  will 
be  observed  that  his  proposition,  if  adopted, 
will  not  prevent  the  adoption  of  the  amend- 
ment of  the  gentleman  from  Storey,  which  is  a 
substitute.  I  hope  the  gentleman  will  with- 
draw it,  and  give  an  opportunity  to  vote  on  the 
amendment,  upon  which  it  is  desired  by  the 
gentleman  from  Washoe  that  the  sense  of  the 
Convention  be  tested. 

Mr.  COLLINS.  I  hope  this  amendment  will 
be  voted  down.  I  do  nut  like  it,  either  in  its 
principle  or  in  its  practice.  I  think  that  when 
we  do  lay  down  the  foundation  for  collecting 
the  revenue  of  the  State  Government,  we  should 
do  so  with  an  eye  to  the  greatest  good  of  all 
the  interests  of  the  Siate.  Has  the  gentle- 
man investigated  in  relation  to  the  influence 
which  this  wholesale  taxing  of  the  proceeds  of 
the  mines  would  have  upon  the  mines  them- 
.selves — upon  the  mines  of  the  Territory  gener- 
ally? As  I  said  the  other  day,  we  must  judge 
of  the  value  of  any  given  act  of  government 
by  the  influence  which  it  has  upon  the  industry 
and  morality,  the  wealth  and  the  education  of 
the  community — by  the  amount  of  general  well 
being  which  it  produces.  Now  what  will  be 
the  first  tendency  of  this  provision  ?  Why,  sir, 
the  first  tendency  will  be  to  retard  the  devel- 
opment of  our  mines.  Every  one  knows  that 
just  as  fast  as  our  mines  augment  in  value, 
they  are  gobbled  up  by  capitalists  who  esteem 
three,  four,  five,  and  six  per  cent,  as  a  valuable 
consideration.  And  it  you  tax  the  proceeds 
of  the  mines  only,  they  will  reason  thus : 
"  In  a  few  years  a  railroad  communication  will 
be  opened,  wood  and  water  will  be  abundant, 
and  labor  will  be  down.  In  a  few  year.-  all  the 
productions  of  California,  necessary  for  the 
consumption  of  the  laborer,  and  for  working 
the  mine',  will  be  at  a  low  figure.  Therefore 
let  us  lock  up  the  mines  to-day,  and  to-morrow, 
and  this  year,  and  the  next  year,  and  when  we 
find  all  these  things  readily  available,  we  can 
reap  the  benefit  and  enjoy  the  advantages. 
Until  then  let  us  lock  up  our  mines."  That 
will  be  the  view  taken  by  the  capitalists,  and 
the  State  will  be  the  sufferer  all  the  time. 

Then  again,  if  you  are  to  tax  the  mines  on 
their  production,  I  say  the  fairest  way  will  be 
to  tax  them,  not  on  the  gross  proceeds,  but  on 
the  net  proceeds.  Here  is  a  mine  from  which  they 
are  taking  out  bullion  to  the  tune  of  say  forty, 
fifty,  sixty,  or  perhaps  a  hundred  thousand  dol- 
lars a  week,  and  every  dollar  they  take  out, 
inspired  by  the  hope  of  better  times  coming, 
costs  them,  perhaps,  one  dollar  and  ten  cents. 
But,  on  the  other  hand,  here  is  another  mine, 
side  by  side  with  that,  and  every  dollar  taken 
out  of  the  second  mine  costs  the  owners  only 


418 


TAXATION. 


[Uth  day. 


Friday,] 


Nourse—DeLoxg— Dunne— Chapin—Tozbk. 


[July  15. 


six  bits.  And  yet  both  would  be  charged  the 
same  under  this  taxation  of  the  gross  proceeds. 
I  ask  if  that  is  dealing  justly  by  the  miners?  I 
ask  if  such  invidious  distinctions  ought  to  be 
made?  It  seems  to  me  not.  The  fairer  way 
would  be  to  tax  the  net  proceeds.  And  I  ask 
what  will  be  the  probable  result  during  the 
first  fiscal  year  of  our  new,  forthcoming 
State?  It  is  very  doubtful  if  any  considerable 
revenue  would  be  derived  from  this  source.  If 
the  State  Government  shall  be  launched,  which 
we  are  to-day  engaged  in  framing  and  per- 
fecting, we  should  look  well  to  the  resources 
we  have  for  maintaining  and  sustaining  that 
government.  If  we  find  that  surface  property 
is  unequal  to  the  task  of  sustaining  it,  then  we 
should  look  around  and  discover,  if  possible, 
where  we  can  find  other  property.  And  if  we 
have  no  confidence  in  the  Legislature  which  is 
to  follow  us,  we  should  devise  such  ways  and 
means,  and  mature  such  plans,  as  will  produce 
or  secure  the  greatest  possible  amount  of  rev- 
enue with  the  least  possible  detriment  to  the 
interests  of  the  State. 

The  fairest  way  that  I  can  see  is  to  meet  this 
issue  squarely  and  at  the  present  time.  It  is 
to  give  the  Legislature  the  full  right  to  tax  any 
and  all  kinds  of  property.  I  only  desire  the 
wording  of  this  section  to  be  such  that  no  two 
good  lawyers,  who  are  in  pursuit  of  the  truth, 
can  have  two  opinions  upon  the  construction 
of  that  section,  and  I  am  willing  to  leave  all 
the  balance  in  the  hands  of  ttie  Legislature 
that  is  to  be.  I  think  I  understand  this  much, 
that  any  Legislature,  I  do  not  care  what  the 
pressure  from  the  mines  or  from  the  agricultu- 
ral interests  shall  be  upon  it ;  I  care  not  what 
pledges  may  have  been  Ibrced  from  its  mem- 
bers while  they  were  candidates  running  for 
office,  that  they  would  not  tax  the  ranches,  or 
would  not  tax  the  mines,  when  that  Legislature 
assembles  here  and  assumes  the  responsibility 
of  coutroUing  the  financial  interests  of  the 
State  ;  when  the  representatives  shall  meet  to- 
gether here  with  all  the  pressure  for  nioaey  upon 
them,  with  even  their  own  per  diem  and  mileage 
at  stake,  and  all  the  other  forces  that  will 
press  upon  them  at  once,  I  do  not  doubt 
that  they  will  grasp  hold  of  every  kind  of 
property  that  is  within  their  reach,  for  the  pur- 
pose of  taxation.  I  say  therefore,  make  the 
language  clear  and  distinct,  and  leave  all 
the  future  to  the  Legislature.  Do  not  say  to 
them  that  they  shall  not  tax  mines,  or  shall  not 
tax  ranches,  or  shall  not  tax  the  proceeds 
gross  or  the  proceeds  net — though  I  am  not  so 
sure  but  they  will  tax  all  of  them,  for  they  will 
Lave  the  same  right  to  tax  the  mines  and  the 
proceeds  of  the  mines,  as  they  have  to  tax  the 
ranches  and  the  proceeds  of  the  ranches — I  do 
not  know  but  the  Legislature  will  do  all  these 
things,  but  I  only  say  that  we  ought  to  leave 
the  Legislature,  when  it  shall  be  convened, 
power  in  its  discretion  to  tax  them  all  if  ne- 
cessary. I  will  conclude  by  expressing  the  hope 
that  the  amendment  of  my   excellent   friend, 


whose  head  is  nearly  always  right,  and  whose 
heart  never  fails  him,  will  be  voted  down. 

jMr.  NOURSE.  I  desire  to  quote  very  briefly 
from  the  Auditor's  report  here.  I  find  from 
that  that  under  the  law  of  the  Legislature  tax- 
ing the  gross  proceeds  of  the  mines,  the  whole 
amount  of  all  the  property  assessed  under  that 
act  was  only  four  millions  of  dollars,  while  it 
is  well  known  that  tiie  gross  proceeds  of  the 
Ophir,  and  Gould  &Curry  minesalone, last  year 
amounted  certainly  to  over  five  millions.  I 
refer  to  this  only  to  show  what  the  practical 
operation  of  such  a  provision  would  be. 

The  question  was  statea  on  the  amendment 
offered  by  Mr.  Chapin. 

Mr.  NOURSE  called  for  a  division  of  the 
question. 

Mr.  DeLONG.  I  understand  that  the  sole 
difference  between  the  first  part  of  these  amend- 
ments is,  that  the  gentleman  from  Washoe,  (Mr. 
Nourse,)  says  in  his  amendment  '•  possessory 
rights,"  and  the  amendment  of. my  colleague 
(Mr.  Ghapin.)  says  "  all  property,  both  real, 
personal  and  possessory." 

Mr.  DUNNE.  What  does  the  difference 
amount  to?  I  make  the  point  of  order  that  it 
cannot  be  so  divided  ;  if  it  is  divided  there  is 
nothing  left  of  the  amendment. 

Mr.  CHAPIN.  It  certainly  cannot  be  in  or- 
der to  call  for  a  division  of  that  amendment. 
I  offered  that  as  an  amendment  to  an  amend- 
ment, and  the  gentleman  has  no  right  to  claim 
a  division  of  my  amendment. 

Mr.  TOZER.  Before  the  vote  is  taken  on  the 
amendment  of  my  colleague,  (Mr.  Chapin,)  I 
wish  to  say  a  word  or  two,  although  I  had  firmly 
resolved  that  1  would  not  offer  a  single  remark 
further  on  the  question  beibre  the  Convention. 
But  I  must  say,  Mr.  President,  that  I  consider 
this  last  proposition  as  the  most  objectionable 
of  any  and  all  that  have  been  offered  here,  from 
first  to  last.  Sir,  the  constituency  which  my 
colleague,  together  with  myself,  represents  on 
this  floor,  will  most  unanimously  put  the  seal 
of  their  disapprobation,  by  their  vote,  and  in 
any  way  and  every  way  in  their  power,  upon 
such  a  proposition,  when  it  shall  be  submitted 
to  them.  A  provision  tor  a  tax  upon  the  pro- 
ceeds of  the  mines,  without  even  the  words 
"  net  proceeds  "  incorporated  in  it,  is  an  out- 
rage. I  characterized  it  as  such  last  year  in  a 
few  remarks  which  I  had  the  honor  to  submit 
to  that  Convention,  and  I  characterize  it  as 
such  now.  It  is  an  outrage  which  I  should 
very  much  regret  to  see  this  Convention,  after 
the  mature  deliberation  it  has  given  to  the 
subject,  commit  upon  the  mining  interests  of 
this  Territory. 

The  PRESIDENT.  A  point  of  order  has 
been  raised  upon  this  amendment,  and  upon 
reading  the  two  amendments,  the  Chair  thinks 
they  are  substantially  the  same,  with  the  ex- 
ception of  the  proviso. 

Mr.  NOURSE.  I  asked  for  a  division  because 
I  am  willing  to  vote  for  the  first  part  of  the 
amendment  of  the  gentleman  from  Storey — so 


11  til  day.] 


TAXATION. 


4U) 


Friday,] 


President — Earl — DeLong— Dunne — Nodrse. 


[Jnly  U 


far  as  it  declares  that  all  property,  real,  per- 
sonal and  possessory,  shall  be  taxed. 

The  FRhlSIDE-NT.  The  Chair  was  proceed- 
ing to  decide  the  point  of  order.  If  the  gen- 
tleman desires  to  be  heard  upon  that  point 
before  the  decision  is  made,  I  will  be  happy  to 
hear  him. 

Mr.  EARL.  I  understood  that  the  gentle- 
man from  Washoe  (Mr.  Nourse)  wanted  his 
proposition  voted  upon  first. 

The  PRESIDENT.  Objection  was  made  to  that. 

Mr.  EARL  I  would  like  to  have  an  expres- 
sion of  the  Convention  first  upon  that  proposi- 
tion, and  I  hope  it  will  be  so  voted  upon. 

Mr.  DeLONG.  Now  gentlemen  have  con- 
tended here  that  the  words  "  real  and  personal  " 
do  not  include  mining  claims.  Then  the  gen- 
tleman from  Lyon  (Mr.  Kennedy)  proposed 
the  word  "  mixed,"  and  it  was  thought  there 
was  then  no  room  for  doubt,  but  that  that  would 
cover  everything  in  the  State  in  the  way  of 
property.  But  the  Convention  voted  down 
that  gentleman's  amendment,  and  now  my  col- 
league (Mr.  Chapin)  steps  in  with  his  amend- 
ment, and  says  "  all  property,  real,  personal 
and  possessory,  shall  be  taxed.''  Now,  in  the 
name  of  heaven,  can  any  gentleman  tell  me  of 
any  kind  of  prop.'rty  that  is  not  included  in 
that?  But  when  he  goes  further  than  that, 
and  specifies  the  proceeds  of  the  mines,  then  1 
say  he  commits  the  same  error  that  the  former 
Convention  did. 

The  PRESIDENT.  The  question  is  upon  the 
point  of  order. 

Mr.  DeLONG.  I  am  trying  to  show  that 
there  are  two  propositions  here,  and  I  want  a 
separate  vote  upon  each.  I  propose  to  show 
that  the  point  of  order  is  not  well  taken,  first 
because  the  proposition  of  my  colleague  (Mr. 
Chapin)  contains  two  distinct  propositions,  and 
then  because  it  is  the  right  of  any  member  to 
call  for  a  division.  It  is  necessary  to  show  that 
there  are  two  propositions,  in  order  to  lay  the 
basis  for  the  right  to  a  division. 

The  PRESIDENT.  The  Chair  does  not  dis- 
pute that  there  are  two  propositions  contained 
in  the  amendment,  but  the  remaining  question 
is  whether  the  former  part,  upon  which  the  vote 
is  first  to  be  taken,  is  not  substantially  the  same 
as  that  contained  in  the  proposition  for  which 
it  is  to  be  substituted. 

Mr.  DeLONG.  The  Chair  may  not  dispute 
what  other  gentlemen  m  ly  dispute.  The  gen- 
tleman from  Humboldt  (Mr.  Dunne)  made  the 
point  of  order  that  it  is  not  divisible  because 
there  are  not  two  propositions. 

The  PRESIDENT.  The  Chair  understood 
the  gentleman  from  Humboldt  to  raise  the 
point  of  order  because  a  division  left  nothing 
to  vote  upon.  Will  the  gentleman  from  Hum- 
boldt state  his  point  of  order  again. 

Mr.  DUNNE.  I  will  state  that  the  point  of 
order  as  I  made  it,  is  as  the  gentleman  from 
Storey  understands  it,  though  if  I  had  recog- 
nized the  distinction  I  would  have  made  it 
differently. 


After  some  further  discussion  upon  the  point 
of  order. 

The  PRESIDENT  decided  that  the  call  for  a 
division  must  be  entertained,  and  that  the  first 
question  was  on  Mr,  Chapin's  proposed  amend- 
ment, down  to  and  including  the  words  "  chari- 
table purposes."     ' 

Mr.  DeLONG.  Now,  sir,  I  wish  to  turn  the 
tables  upon  those  gentlemen  who  argued  last 
night,  and  continued  to  argue,  until  the  '•  wee 
sma'  hours  "  of  the  night,  that  they  did  not 
want  to  legislate  invidiously  against  any  class 
of  men  or  any  class  of  property — that  all  they 
wanted  was  to  adopt  that  comprehensive  term 
which  will  embrace  the  class  of  property  which 
they  say  has  escaped  taxation  in  California. 
My  colleague  (Mr.  Chapin)  says  in  his  amend- 
ment that  all  real,  personal,  and  p  ssessory 
property  shall  be  taxi-d.  Can  anything  more 
be  asked  than  that  ?  And  if  you  go  fur- 
ther, and  say  that  the  proceeds  of  mines  shall 
be  taxed,  are  not  you  making  as  invidious  a 
distinction  as  if  you  were  to  say  that  '•  mines 
and  mining  property  shall  be  taxed  ?"  and  then 
that  "  farms  and  farming  property  shall  be 
taxi  d  V  I  am  willing  as  a  compromise  between 
us  and  these  gentlemen  who  have  denied  that 
all  property  is  either  real  or  personal,  to  put  in 
another  class  of  property  called  "  possessory  " 
property.  I  am  willing  to  iucorporate  that 
word  '-possessory,"  so  that  no  man  in  the  Leg- 
islature, without  plainly  violating  the  obli- 
gation of  his  oath,  can  escape  from  the  require- 
ment that  everything  in  the  shape  of  property 
shall  be  taxed.  I  am  willing  to  do  that  for  the 
sake  of  harmonious  action  and  to  reconcile  the 
conflict  of  sentiment.  But  further  than  that, 
if  I  am  asked  to  put  in  mining  proceeds,  and 
leave  out  farming  proceeds,  or  to  take  out  one 
class  of  property  and  allow  another  to  remain 
in,  if  I  am  asked  to  mention  one  species  of 
property  invidiously  and  not  to  mention  an- 
other, I  say  no  !  never !  never  !  Sir,  I  say  it  is 
unjust,  and  unfair,  on  the  part  of  the  represent- 
atives of  other  interests  here,  in  my  humble 
opinion,  to  ask  us  to  do  any  such  thing.  I  hope 
the  first  part  of  the  amendment  of  my  colleague 
will  be  adopted,  and  the  balance  of  it  rejected  : 
and  then  we  shall  have  the  original  section, 
only  amended  so  as  to  provide  that  all  property 
in  this  State,  "  real,  personal,  and  possessory," 
shall  be  equally  and  ratably  assessed  and  taxed. 
And  if  gentlemen  ask  anything  further  than 
that,  they  cannot  get  it  from  me,  for  one. 

Mr.  NOURSE.  Upon  second  thought,  it 
seems  to  me  better  that  the  proposition  of  the 
gentleman  from  Storey  (Mr.  Chapin)  should  be 
voted  upon  as  an  entirety,  and  for  one,  I  should 
like  to  see  the  two  propositions  tested.  I  have 
made  the  motion  for  a  division  of  the  question, 
but  as  I  should  like  to  see  the  two  systems 
fairly  tested,  I  will  withdraw  the  call  for  a 
division  unless  there  is  objection. 

Several  members  objected. 

Mr.  DeLONG.  Under  all  parliamentary 
rules,  and  in  all  parliamentary  bodies  of  which 


420 


TAXATION. 


[11th  day 


Friday,]      DeLong—Eabl— Parker— Banks— Tozer—Nourse—Chapin— Kennedy.      [July  15. 


I  have  been  a  member  before,  the  right  exists 
in  any  member  to  claim  a  division. 

The  PRESIDENT.  There  is  no  point  of  or- 
der before  the  Convention.  The  Chair  has  al- 
ready decided  that  the  amendment  is  suscep- 
tible of  a  division. 

iMr.  DeLONG.  But  the  difficulty  is,  we  are 
working  under  Jefferson's  Manual,  and  under 
that  it  is  not  the  right  of  the  member  to  call 
for  a  division,  but  the  House  alone  can  direct  a 
division.  If  there  is  objection  to  a  division  we 
have  to  obtain  the  consent  of  the  House  for 
such  a  division.     I  will  make  that  motion. 

The  PRESIDENT.  The  gentleman  from 
Storey  is  correct,  and  the  question  will  be  on 
the  division  of  the  amendment. 

Mr.  EARL.  I  shall  vote  for  a  division  of  the 
question,  and  I  will  say  that  if  the  amendment 
is  voted  down,  there  will  be  a  substitute  offered 
not  to  tax  the  mines,  except  those  of  a  certain 
value. 

The  question  was  taken  on  the  motion  that 
the  amendment  offered  by  Mr.  Cnapiu  bo  divid- 
ed, and,  on  a  division,  that  motion  was  not 
agreed  to — ayes,  16  ;  noes,  10. 

The  question  was  stated  on  the  entire  amend- 
ment proposed  by  Mr.  Chapin. 

The  yeas  and  nays  were  demanded,  and  the 
vote  resulted— yeas,  4  ;   nays,  29 — as  follows  : 

Teas — Messrs.  Banks,  Chapin,  Crosnian,  and  Dunne 
—4. 

iVar/s — Messrs.  Belden,  Brady,  Brosnan,  Collins, 
Crawford,  DeLong,  Earl,  Fitch,  Folsom,  Gibson, 
Haines,  Hawley,  Hovey,  Hudson,  Kennedy,  Kinkead, 
Lockwood,  Mason,  McCUnton,  Murdock,  Nourse, 
Parker,  Proctor,  Sturtevaut,  Tagliabue,  Tozer,  War- 
wick, Wetherill,  and  Mr.  President — 29. 

So  the  amendment  was  not  agreed  to. 

Mr.  PARKER.  In  order  to  get  a  final  vote 
before  the  hour  for  the  recess,  I  move  the  pre- 
vious question.  I  do  not  desire  to  shut  off 
amendments,  but  I  desire  to  get  at  a  vote. 

Mr.  BANKS.  I  ask  leave  to  say  just  one 
word. 

The  PRESIDENT.  It  is  not  in  order,  the 
previous  question  having  been  moved. 

Mr.  WARWICK.    I  rise  to  a  point  of  order. 

Mr.  NOURSE.  I  think  if  we  come  to  a  vote 
upon  tliis,  there  will  be  no  attempt  to  present 
any  other  amendment,  if  this  is  lost. 

Mr.  PARKER.  I  withdraw  the  call  for  the 
previous  question,  with  the  consent  of  the  Con- 
vention. 

Mr.  BANKS.  I  propose  this  amendment :  I 
move  to  amend  the  amendment  offered  by  the 
gentleman  from  Washoe,  (Mr.  Nourse,)  by 
adding  the  following  thereto  : 

"  Prorulf'd,  that  no  tax  shall  lie  imposed  on  any  min- 
ing claim,  or  possessory  right  thereto,  which,  at  the 
time  ot  making  the  assessment,  has  a  market  value  in 
money  of  less  than dollars  i^er  foot." 

Mr.  CHAPIN.  I  move  to  fill  the  blank  with 
the  words  •'  twenty-five." 

Mr.  KENNEDY.  I  move  to  amend  by  mak- 
ing it  live  dollars. 

Mr.  TOZER.  I  move  to  amend  by  making 
it  fifteen  thousand  dollars. 


The  PRESIDENT.  It  will  be  competent,  if 
the  amendment  shall  be  adopted,  to  fill  the 
blank  thereafter. 

Mr.  DeLONG.  Now  suppose  I  have  five 
thousand  dollars  worth  of  mining  ground  at  a 
dollar  a  foot — of  course,  under  this  proposi- 
tion, it  would  not  be  taxed.  But  if  another 
man  has  five  thousand  dollars  invested  in 
ground  worth  a  thousand  dollars  a  foot,  has  he 
got  to  be  taxed,  while  I  escape? 

The  PRESIDENT.  The  Chair  does  not  sup- 
pose ihat  the  gentleman  expects  a  categorical 
answer. 

Mr.  FITCH.  That  is  where  the  "  poor  miner  " 
comes  in. 

Mr.  KENNEDY.  I  will  state  why  I  am  wil- 
ling to  vote  for  '■  five  dollars''  in  that  blank.  I 
am  willing  to  exempt  all  claims  worth  under 
five  dollars  per  foot  in  order  to  make  a  com- 
promise here  between  the  various  views  and 
opinions  which  gentleman  have  expressed.  1 
am  willing  to  give  a  bounty,  to  that  extent,  to 
mining  claims.  That  class  of  property  being 
the  principal  property  and  the  peculiar  interest 
of  tnis  Territory,  I  am  willing  to  say  that  all 
mining  claims  valued  under  five  dollars  per 
foot  shall  be  exempted  from  taxation.  The 
Convention  refuses  to  insert  words  which  I 
consider  necessary,  to  include  all  property,  but 
I  am  willing  to  go  further,  and  to  make  this 
compromise,  that  every  man  who  owns  a  claim 
which  he  cannot  get  five  dollars  a  foot  for  in 
the  market,  shall  be  exempt  from  taxation  upon 
that  claim.  I  do  not  care  whether  he  has  one 
hundred  or  one  hundred  thousand  feet,  if  the 
claim  itself  it  not  worth  over  five  dollars  a  foot, 
I  am  willing,  in  order  that  this  question  may 
be  settled  in  some  way,  to  exempt  it  from  tax- 
ation. But  the  gentleman  from  Storey  (Mr. 
DeLong)  has  claimed  that  these  claims  are  not 
property,  and  now  he  says,  in  effect,  that  they 
are. 

Mr.  DeLONG.  I  say,  only,  that  if  they  are 
property  when  they  are  worth  five  dollars  a 
foot,  then  they  are  equally  property  when  they 
are  worth  five  cents  a  loot.  I  have  not  said 
they  were  worth  anything,  or  were  property  ; 
I  say,  only,  that  if  they  are  property,  no  mat- 
ter how  much  they  are  worth,  they  should  not 
be  exempt.  Whether  they  are  worth  five  thou- 
sand, one  thousand,  or  one  hundred  dollars,  or 
worth  only  a  dollar  a  foot,  makes  no  differ- 
ence ;  if  they  are  property  at  all,  they  should 
be  taxed. 

Mr.  KENNEDY.  The  gentleman  maintains, 
as  I  understand  his  argument,  that  a  mining 
claim  is  not  property  and  cannot  be  taxed  as 
property.  Then  I  ask  why  is  he  so  anxious 
not  to  have  this  provision  in  the  Constitu- 
ton? 

Mr.  DeLONG.  Because  it  operates  unequally 
on  the  two  classes  of  mining  claims.  That  is 
the  reason. 

Mr.  KENNEDY.  If  it  is  not  property,  it 
cannot  be  taxed  at  all.  If  this  provision  is 
placed   in   the   Constitution,   we    nevertheless 


nth  day.] 


TAXATION. 


421 


Friday,] 


DeLong — Kennedy. 


[July  15. 


cannot    tax    a    mining    claim,    unless    it    is 
property. 

Mr.  DeLONG.     That  is  so. 

Mr.  KENNEDY.  Now  the  only  reason  the 
gentleman  can  have  for  opposing  this  provis- 
ion, as  I  understand  it,  is  this  :  that  by  placing 
this  provision  in  the  Constitution,  men  who 
have  mines  worth  over  five  dollars  a  foot  will 
be  driven  to  the  expense  of  a  lawsuit  in  order 
to  test  the  question  whether  or  not  their  taxa- 
tion is  Constitutional. 

Mr.  DeLONG.  No  ;  but  if  it  is  held  to  be 
coustitutional  it  will  operate  unfairly  upon  the 
two  classes. 

Mr.  KENNEDY.    Well,  admit   that   it  will, 
and  I  do  not  deny  it.     I  have  contended   that 
all    men    owning    property,   whether    mining 
claims  or   ranches,   whether   their   clairos  are 
worth  a  thousand   dollars   or  a  dollar  a  foot, 
should  be  taxed.     But  I  do  see  this  difficulty  : 
that  there  is  a  conflict  of  ideas  and  opinions  here 
— that  there  is  a  conflict  between  those  who  rep- 
resent exclusively   the  mining   interests,   and 
those  who  represent  exclusively  the  agricultu- 
ral interests.    Now   I  stand   here   as  a  repre- 
sentative of  both  interest*,  for  we  claim  to  have 
both  in  our  county,  and  I  am  willing,  for  the 
sake  of  a  compromise,  to  place  in  the  Constitu- 
tion this  provision,  exempting  all  mines  which 
are  worth  under  five  dollars  a   foot,  not  upon  | 
the  principle  of  exempting  any  particular  class  j 
of  property   from    taxation,  but   on   the   same  j 
principle  upon  which  bounties  are  oflTered  and  j 
given.     It  IS  made  a  bounty  to  the  miner,  and  1 
when   a   party    has    a    mining    claim    which  j 
in  the  market  will  bring  him  over  five  dollars 
per  foot,  he  is  no   longer  your  "poor  miner," 
but  he  is  a   man  who  can  well  attbrd  to  pay 
taxes.     Bivt  up  to  that  point,  mining  being  the 
principal  interest  of  this  Territory,  we  say  we 
are  willing  to  pay  him  a  bounty  to  the  extent 
of  exempting  him  from  taxation. 

I  have  talked  with  gentlemen  from  out- 
side counties  here — and  when  I  speak  of  outside 
counties  I  mean  those  which  are  distant  from 
the  capital,  of  course,  and  do  not  refer  to  them 
in  regard  to  their  intrinsic  value — and  those 
gentlemen  have  told  me  of  claims,  the  rock 
from  which,  as  far  as  it  is  already  devel- 
oped, they  are  willing  to  guarantee  would 
pay  as  richly  as  that  of  better  known  claims 
which  are  worth  a  hundred  dollars  a  foot,  and 
yet  at  the  present  time  those  claims  have  no 
market  value  above  five  dollars  a  foot.  This 
being  the  condition  of  those  mines,  having 
no  actual  market  value,  I  do  not  think  they 
would  be  taxed  in  any  case,  but  in  order 
to  take  away  any  suspicion  that  those  "  pour 
miners  ''  might  have,  that  we  intend  to  burden 
them  with  taxation,  I  say  I  am  willing,  for  one. 
to  fix  in  the  Constitution  a  definite  value,  under 
which  no  taxation  of  mining  claims  shall  be 
allowed.  I  think  we  have  a  perfect  right  to  do 
it.  We  have  a  right  in  the  Constitution  to  say 
what  shall  be  taxed  and  to  exclude  any  prop- 
erty we  please  from  taxation  ;  and  in  order  to 


encourage  mining  I  am  willing  to  say  in  the 
Constitution  that  no  mines  under  a  certain 
value  shall  he  taxed. 

Mr.  DeLONG.  I  think  the  gentleman  from 
Lyon  will  be  able  to  satisfy  any  class  of  his 
constituents  that  he  has  fairly  represented  their 
interests,  for  he  voted  against  this  proposition 
once,  on  the  ground  that  it  was  an  invidious 
distinction,  and  now  he  votes  for  it,  as  a  bounty 
to  poor  miners. 

Mr.  KENNEDY.  But  I  explained  that  the 
miners  in  our  county  had  said  that  this  clause 
in  the  old  Constitution  was  taxing  a  hole  in  the 
ground,  and  although  I  believed  that  that  was 
not  the  case,  but  that  a  hole  in  the  ground  was 
not  a  mine,  yet  I  was  in  favor  of  using  such 
language  as  would  remove  any  doubt  or  sus- 
picion which  might  exist  in  the  minds  of  the 
miners. 

Mr.  DeLONG.  Yes,  sir  ;  and  then  the  gen- 
tleman said  he  wanted  to  employ  the  word 
"  mixed."  because  the  words  "  real  and  per- 
sonal" he  thought  did  not  cover  all  kinds  of 
property,  in  which  he  disagreed  however  with 
Bouviere  and  Blackstone.  I  read  from  the 
books  here  the  definitions  of  property,  and  the 
authority  is  not  contradicted.  The  gentleman 
said  he  meant  to  include  every  class  of  prop- 
erty possible  to  be  included,  and  that  must  of 
course  include  all  property  in  mining  claims, 
whether  worth  five  dollars  a  foot  or  any  other 
amount.  In  that  I  suppose  he  represented  the 
agricultui'al  interest  of  his  county,  and  now  he 
represents  the  mining  interest  by  advocating 
an  amendment  to  exempt  five  dollar  mines. 
Therefore  I  say  he  can  claim  to  have  repre- 
sented all  sides.  Now  whenever  you  depart 
from  principle  you  depart  from  the  only  safe 
landmark,  and  this  principle  which  the  gentle- 
man now  abandons  I  think  would  have  been  a 
good  one  to  stand  by.  The  principle  is  un- 
doubtedly correct  that  every  man  should  pay 
on  all  the  property  he  possesses,  according  to 
a  true  and  equal  ratio,  his  share  of  the  ex- 
penses for  the  support  of  the  government  un- 
der which  he  lives  ;  and  any  law,  much  more 
any  fundamental  law,  must  be  wrong  which 
does  not  recognize  that  principle  as  a  general 
rule.  If  anything  is  to  be  exempted  from  taxa- 
tion let  it  be  exempted  by  the  Legislature,  or 
if  the  Legislature  deems  it  best,  let  all  be  put 
in,  and  if  anything  is  exempled  from  taxa- 
tion at  all,  let  it  be  for  the  reason  that  it 
cannot  be  taxed.  But  let  us  declare  in  the 
Constitution  that  all  property  must  be  taxed 
according  to  its  value.  If  the  gentleman  says 
a  hole  in  the  ground  is  not  property,  but  a  mine 
is  property,  then  I  insist  that  the  hole  in  the 
ground  will  not  be  taxed,  without  it  is  a  mine, 
and  tiiere  is  no  nece.'^sity  for  any  provision 
about  it  in  the  Constitution. 

But  the  gentleman  from  Lyon  does  not  un- 
derstand my  allusions  to  the  fact  that  mines 
are  not  property,  in  the  sense  in  which  we  are 
here  speaking  of  property.  I  insist  that  a  mine 
is  property,  but  I  say  it  is  property  belonging 


422 


TAXATION. 


[11th  day. 


Friday,]      Earl— Fitch — Banks— President— Kennedy — Tozeb— Haines— Collins.     [July  15. 


to  the  United  States  Government,  and  not  prop- 
erty belonging  to  an  individual  here,  which, 
under  our  Enabling  Act,  we  can  reach  for 
the  purpose  of  taxation.  That  is  my  idea,  i 
have  concurred  with  the  gentleman's  views  in 
some  respects,  and  I  am  willing  to  aid  by  my 
vote  to  carry  out  his  idea  of  taxing  all  proper- 
ty, when  we  can  reach  it  as  property  ;  but  it 
does  not  seem  to  me  that  we  can  reach  the 
property  in  the  mines  which  belongs  not  to  the 
individual,  but  to  the  government  of  the  United 
States. 

Mr.  EARL.  My  colleague  (Mr.  DeLong) 
seems  clearly  to  take  the  ground  that  the 
mines  are  not  property,  from  the  fact  that 
the  title  is  in  the  General  Government.  Now, 
I  admit  that  the  title  is  in  the  General  Govern- 
ment ;  bnt  the  title  to  my  ranch  also  is  in  the 
General  Government,  yet  cannot  the  State  tax 
my  improvements  and  possessions,  and  all  my 
right  ill  that  ranch,  to  their  full  value?  Now, 
I  propose  to  vote  for  the  proposition  of  the  gen- 
tleman from  Washoe  (Mr.  Nourse.)  and  for  the 
five-dollar  clause  offered  by  the  gentleman  from 
Humboldt  (Mr.  Banks.)  also. 

Mr.  FITCH.     I  move  the  previous  question. 

Skver.1L  Members.     Oh  no,  no! 

Mr.  BANKS.  I  rise  to  a  point  of  order,  and 
by  way  of  inquiry,  I  desire  to  know  whether 
the  previous  question  will  extend  to  the  passage 
of  the  original  proposition — to  the  adoption  of 
the  original  section  as  printed  here. 

The  PRESIDENT.  It  covers  the  whole  mat- 
ter before  the  Convention. 

Mr.  KENNEDY.  If  the  previous  question  is 
carried,  cannot  we  vote  on  the  amendment  of 
the  gentleman  from  Humboldt? 

The  PRESIDENT.  Undoubtedly;  that  is  the 
first  question  pending.  The  amendments  hav- 
ing been  disposed  of,  the  previous  question 
then  recurs  back  to  the  original  matter. 

Mr.  EARL.     I  rise  to  a  point  of  order. 

Several  gentlemen  addressed  the  Chair, 
amidst  some  confusion. 

The  PRESIDENT.  The  Chair  will  have  to 
raise  anotiier  point  of  order  in  about  ten 
minutes.    [Laughter.] 

Mr.  EARL.  I  have  the  floor  ;  I  had  not 
yielded  it  when  my  colleague  demanded  the 
previous  question. 

The  PRESIDENT.  In  the  opinion  of  the 
Chair  the  gentleman  certainly  had  taken  his 
seat,  and  under  parliamentary  usage  he  must 
be  considered  as  having  resigned  the  floor. 

Mr.  FITCH.  I  have  no  desire  to  impede  the 
offering  of  amendments,  and  if  it  is  the  un- 
derstanding that  there  is  to  be  no  debate  I  will 
withdraw  the  demand  for  the  previous  ques- 
tion ;  otherwise  I  will  not. 

Several  Members.  Very  well ;  let  that  be 
understood. 

Mr.  FITCH.  I  withdraw  the  previous  ques- 
tion. 

The  question  was  stated  on  the  amendment 
offered  by  Mr.  Banks,  and  the  yeas  and  nays 
were  demanded. 


Mr.  KENNEDY.  Should  not  the  blank  be 
filled  before  adopting  the  amendment? 

The  PRESIDENT^  It  can  be  filled  at  any 
time. 

Mr.  TOZER.  I  desire  to  say  one  word  only. 
I  believe  it  is  a  fundamental  principle  of  con- 
stitutional law- — it  is  in  the  Constitution  of  the 
United  States,  in  the  Constitution  of  California, 
and  in  every  other  State  Constitution  that  I 
have  examined — that  all  taxation  shall  be  equal. 
Now,  sir,  you  propose  by  adopting  this  amend- 
ment of  the  gentleman  from  Humboldt  (Mr. 
Banks)  to  levy  a  tax  upon  mines  of  a  certain 
value,  and  to  exclude  from  taxation  mines  of 
a  certain  other  value.  Suppose  you  fill  the 
blanks  in  this  amendment  with  five  dollars? 
One  man  in  my  neighborhood  has  a  claim  worth 
a  little  less  than  five  dollars  a  foot,  and  an- 
other, in  his  immediate  vicinity,  has  another 
worth  five  dollars  and  a  half,  or  eight,  or  ten 
dollars  a  foot.  They  both  have  the  same  kind 
of  claim,  but  one  is  subject  to  taxation  by  con- 
stitutional enactment,  and  the  other  is  exempt. 
I  protest  against  that  as  a  violation  of  funda- 
mental principles. 

The  question  was  taken  by  yeas  and  nays 
upon  the  amendment  oftered  by  Mr.  Banks,  and 
the  vote  was — yeas,  9  ;  nays,  24 — as  follows  : 

Yeas — Messrs.  Banks,  Chapin,  Collins,  Crawford, 
Crosnian,  Dunne,  Earl,  Fitch,  and  Kennedy — 9. 

Nays — Messrs.  Belden,  Brady,  Brosuan,  DeLong, 
Folsoni,  Gibson,  Haines,  Hawley,  Hovey,  Hudson, 
Kinkead,  Lockvvood,  Masdii,  ]\ic('linton,  Murdock, 
Nonrse,  Parker,  Proctor.  Stnrtcvant,  1'aKliabue,  Tozer, 
Warwick,  Wetherill,  and  Mr.  Presidcut^24. 

So  the  amendment  was  not  agreed  to. 

During  the  voting — 

Mr.  HAINES,  (when  his  name  was  called,) 
infjuired  if  the  amendment  included  the  propo- 
sition to  exempt  mines  worth  five  dollars  per 
foot. 

The  PRESIDENT  replied  that  the  blank  was 
to  be  filled  thereafter. 

Mr.  HAINES.    I  vote  no. 

Mr.  COLLINS.  I  understood  it  so,  and  if 
not.  I  shall  change  my  vote. 

Mr.  HAWLEY.  Unless  the  language  of  the 
section  is  to  be  changed,  and  that  portion  of  it 
stricken  out  which  provides  for  a  uniform  and 
equal  rate  of  assessment  and  taxation,  I  shall 
have  to  vote  no. 

The  PRESIDENT.  I  will  take  occasion  to 
explain  my  vote,  although  I  do  not  suppose  it 
is  necessary  after  what  I  have  already  said.  I 
have  maintained  the  one  distinct  proposition 
that  all  property,  whether  merely  possessory  or 
otherwise,  should  pay  its  just  proportion  of  tax- 
ation, and  upon  that  principle  every  mining 
claim,  whether  worth  one  dollar  or  one  hundred 
dollars  a  foot,  should  be  taxed  according  to  its 
value.  That  is  the  position  I  have  universally 
advocated,  and  I  cannot  sacrifice  a  matter  of 
principle  to  a  mere  question  of  expediency. 

The  result  of  the  vote  having  been  announced 
as  al)ove  stated. 

The  question  was  stated  on  the  amendment 
offered  by  Mr.  Nourse. 


nth  day.] 


TAXATION. 


423 


Friday,]  Haines— President— Banks— Kenjcedy—DeLoxg—Crosman—Nourse— Fitch.  [July  15. 


Mr.  HAINES.    I  move  the  previous  question. 

Severaf,  Members.     Oh  no,  no  ! 

The  PRESIDENT  stated  the  question  :  Shall 
the  main  question  be  now  put? 

Mr.  LANKS.  I  have  a  privilege  in  this  case 
which  I  wish  to  exercise.  I  wish  my  protest 
against  the  previous  question  to  be  entered 
upon  the  journal.  ["Question,  question!"] 
It  is  an  outrage  to  pass  a  Constitution  under 
the  gag  law. 

The  PRESIDENT.  The  Secretary  will  enter 
the  gentleman's  protest. 

Mr.  KENNEDY.  My  colleague  (Mr.  Cros- 
man)  has  an  amendment  which  I  would  like  to 
hear  read — [cries  of  question] — -for  information 
only,  that  is  all. 

Mr.  HAINES.  I  have  called  for  the  previous 
question,  and  I  want  the  question  put.  I  want 
my  rights  here,  and  I  ask  if  it  is  debitable  for 
an  hour. 

The  PRESIDENT.  No  debate  is  in  order, 
but  if  there  is  no  objection  made  the  amend- 
ment must  be  road. 

Mr.  DeLONG.  I  rise  to  a  point  of  order,  and 
it  is  that  the  gentleman  cannot  ask  for  the 
reading  of  that  amendment  under  the  previous 
question. 

Mr.  CROSMAN.  I  had  risen  to  read  it  when 
the  previous  question  was  moved,  and  I  sup- 
po.sed  I  bad  the  floor. 

The  PRESIDENT.  The  Chair  will  repeat 
that  if  tliere  is  no  oltjection  the  amendment  of 
the  gentleman  from  Lyon  will  be  read  for  in- 
formation. 

Skveral  Members.    I  object. 

The  PRESIDENT.  Then  the  question  is, 
shall  the  main  question  be  now  put? 

Mr.  KENNEDY.  What  is  the  main  question  ? 
Is  it  the  amendment  of  the  gentleman  from 
Washoe  ? 

The  PRESIDENT.     That  is  the  first  question. 

Mr.  CR(3SMAN.  I  would  ask.  is  it  the  un- 
derstanding of  the  mover  of  the  previous  ques- 
tion that  it  will  cut  off  all  debate  ? 

Mr.  DeLONG.     Certainly;  it  cuts  it  all  off.    ' 

Mr.  CROSMAN.  The  effect  would  certainly 
be  to  prevent  all  argument  upon  the  main  ques- 
tion, as  well  as  all  further  amendments. 

Mr.  NOURSE.  If  that  is  the  case,  I  hope  the 
call  for  the  previous  question  will  be  with- 
drawn. 

The  PRESIDENT.  The  Chair  has  already 
stated  that  the  previous  question  cuts  off  all 
debate. 

Mr.  DeLONG.  I  trust  the  Chair  will  take 
cognizance  of  the  time. 

Mr.  HAINES.  With  the  permission  of  the 
Convention,  I  will  withdraw  the  demand  for 
the  previous  question. 

The  PRESIDENT.  If  there  is  no  objection 
it  will  be  withdrawn. 

Mr.  FITCH.     I  object.     I  want  to  see  it  put. 

The  PRESIDENT.  The  hour  of  five  o'clock 
having  arrived,  the  Convention,  under  the 
rule,  is  at  recess  until  seven  o'clock  this  even- 
ing. 


EVENING  SESSION. 

The  Convention  met  at   seven  o'clock,  and 
was  called  to  order  by  the  President. 


The  PRESIDENT.  When  the  Convention 
took  a  recess  this  afternoon  the  business  under 
consideration  was  the  call  for  the  previous 
question  by  the  gentleman  from  Douglas,  (Mr. 
Haines.)  That  gentleman  had  proposed  to 
withdraw  it,  but  the  gentleman  who  had 
seconded  the  motion  (Mr.  Fitch)  positively  de- 
clined to  consent  to  the  withdrawal.  The  ques- 
tion before  the  Convention  now  is— Shall  the 
main  question  be  now  put? 

The  question  was  taken  and  the  motion  was 
not  agreed  to. 

Mr.  CROSMAN.  I  desire  to  inquire  whether 
further  amendments  are  now  in  order. 

The  PRESIDENT.  An  amendment  to  the 
amendment  pending  is  in  order. 

Mr.  CROSMAN.  I  will  offer  the  following 
as  a  substitute  for  the  amendment  of  the  gen- 
tleman from  Washoe  (Mr.  Nourse.) 

Section  1.  The  Legislature  shall  jsro^'ide  by  law  for  a 
uniform  and  equal  rate  of  assessment  and  taxation, 
and  shall  prescribe  such  regulations  as  shall  secure  a 
just  valuation  for  taxation  of  all  property,  real,  per- 
sonal, and  possessory  ;  provided  that  in  order  to  secure 
the  develojiment  of  mines  no  assessment  shall  be  made 
of  mining  claims  of  a  less  marketable  value  (at  the 
time  of  making  the  as.se8sment)  than  live  dollars  per 
foot  ;  excepting,  further,  such  proijerly  as  may  be  ex- 
empted by  law  for  municipal,  educational,  literary, 
scientific,  religious,  or  charitable  purposes. 

The  PRESIDENT.  The  Chair  will  hold  that 
this  amendment  is  not  in  order,  because  it  is  ia 
substance  and  effect  the  same  matter  which  has 
already  been  voted  upon.  It  is  substantially 
the  same  as  the  amendment  of  the  gentleman 
from  Humboldt,  (Mr.  Banks.) — neither  more 
nor  less. 

Mr.  CHAPIN.  The  blank  is  filled,  which 
makes  a  difference. 

The  PRESIDENT.  The  blank  is  filled,  it  is 
true,  but  I  regard  that  as  making  no  substantial 
difference,  because  the  blank  could  have  been 
tilled  at  any  time  in  the  amendment  of  the  gen- 
tleman from  Humboldt. 

Mr.  BANKS.  I  regret  exceedingly  to  hear 
this  decision  of  the  Chair,  whicb  operates  not 
only  against  the  gentleman  who  offers  the 
amendment,  but  several  others  wlio  agree  with 
him,  and  therefore  I  am  compelled  to  appeal 
from  the  decision.  I  will  state  my  grounds  of 
appeal.  The  first  proposition  contained  a  blank, 
which  left  it  doubtful  as  to  the  amount  or  price 
of  the  claim  to  be  e.vempted,  whicii  may  have 
led  some  members  to  vote  against  it,  but  this  is 
distinct  and  specific  as  to  the  amount.  That  is 
a  difference,  and,  being  dift'erent,  I  think,  ac- 
cording to  all  parliamentary  law,  it  should  be 
entertained. 

After  considerable  discussion  upon  the  ques- 
tion of  order  involved  the  question  was  taken — 
Shall  the  decision   of  the  Chair  stand  as  the 


424 


TAXATION. 


[11th  day. 


Friday,] 


MURDOCK — NOUKSE. 


[July  15. 


judsmeat  of   the   Convention  ?— and   upon   a 
divTsion  the  vote  was — ayes,  23  ;  noes,  5. 

So  the  decision  of  the  Chair  was  sustained. 

Mr.  MURDOCK.  I  have  sent  up  an  amend 
ment,  and  I  wish  to  inquire  whether  it  is  in 
order. 

The  PRESIDENT.  It  will  be  in  order  unless 
the  same  matter  has  already  been  voted  down. 

The  SECRETARY  read  the  amendment,  as 
follows : 

Section  1.  The  Legislature  shall  provide  toy  law  for 
a  uniform  and  equal  rate  of  assessment  and  taxation, 
and  shall  xii-escribe  such  regulations  as  shall  secure  a 
just  valuation  for  taxation  of  all  property,  excepting 
such  property  only  as  may  be  exempted  by  law  for 
municipal,  educational,  literary,  scientific,  religious, 
or  charitat)le  purijoses." 

The  PRESIDENT.  The  Chair  understands 
that,  by  this  amendment,  the  section  would  be 
left  to  stand  as  it  now  reads,  except  that  the 
words  "  real  and  personal  "  would  be  striclien 
out. 

Mr.  MURDOCK.    I  will  explain  my  views  on 
this  subject.     I  have  been  sitting  here  and  list- 
ening- to  the  debates  as  they  have  progressed, 
and  have  watched  them  very  closely,  in  all 
their  diverse  windings  and  forms ;  and  it  strikes 
me  we  have  altogether  mistaken  our  calling. 
As  I  intimated  last  night,   we  have   not  come 
here  to  legislate.     Now,  sir,  in   that   amend- 
ment, I  propose  to  strike  out  from  the  original, 
the  words  "real  and  personal,''  following  the 
word  "  property."     I  suppose  when   we   have 
said  "  all   property,"  we  cannot  make  it  any 
stronger  by  defining  the  different  kinds  of  prop- 
erty." I  called   the  attention  of  the  Conven- 
tion  last  night  to  that  point,  stating  that  I 
considered  tlie  words  ''  mines  and  mining  prop- 
erty," surplusage,  and  I  stand  just  there  now. 
I  am  willing  that  '•  all  property  "  should  be 
taxed,  and  I  do  not  want  any  other  definition. 
I  understand  '•  all  property  "  to  mean  all  prop- 
erty.    You  may  say  "  personal  and  real  prop- 
erty,'-' or   "  mines   and   mining  property,"  or 
"ranches   and   ranching  property,"    or   "per- 
sonal chattels,"  and  all  that — the  shoemaker 
with  his  kit,  and  the  tailor  with  his  shears,  and 
his  bodkin,  and    his  patterns,  and  so  on  to  the 
end  of  the  chapter  —  but  do  you  make  it  any 
stronger  than  you  would  to  say  "all  property," 
and  there  stop?     Now  when  you  come  to  that 
one  thing,  and  say  that  "  all  property  shall  be 
taxed  equally,"  what  more  do  you  want  to  do? 
Why  do  you  want  to  say  "  all  personal   prop- 
erty.''or  "all   mixed  property,"  or  "chattels 
real,"  and   "chattels  personal,"    or   anything 
else?     I   am  satislied  to  say   "all  property,'" 
and  I  do  hope  that  this  Convention  will  be  sat- 
ished  and  arrive  at  the  same  conclusion.     Let 
us  say  that  our  schoolboy  education  has  been 
sutTiclent  for  our  purpose,  and  when  we  have 
said  "  all  property,"  let  us  understand  that  we 
mean  the  whole  thing.    That  is  my  view  of  the 
suljject,  Mr.  President. 

It  does  seem  to  me.  I  say,  that  we  have  mis- 
taken our  calling.     We  have   come  here  and 


debated,  and  tried  to  legislate,  and  have  disa- 
greed on  what  was  right  and  what  was  wrong, 
when  it  strikes  me  we  had  nothing  to  do  with 
it.     If  I  may  be  allowed  to  repeat  what  I  said 
last  night,  I  supposed  when  I  was  elected,  it 
was  to  come  here  to  assist  or  to  lend  my  aid  in 
framing  a  fundamental  law  by  which   legisla- 
tion should  be  bounded.     As  I  expressed  my- 
self last   night,  I   supposed    this   fundamental 
law  should  be  to  the  new  State  what  the  chart 
is  to  the  seaman- — that  it  should  point  out  the 
shoals,  this  way  and  that  way,  and  not  so  nar- 
row down  the   course   that   the   winds  might 
strand  the  ship  of  State  on  either  side.    I  want 
the  State  to  ride  through  triumphantly     What 
is  wise  legislation  this  year  may  be  bad  legisla- 
tion next,  and  so  on  from  year  to  year.     Now 
suppose  we  define  this  word  "  property,"  and 
confine  the  Legislature  to  certain  bounds — nar- 
rowing them  down,  so  as  to  say  when  they  get 
up  to  debate  a  question,  as  to  expediency,  as  to 
what  is  really  right  and  for  the  best  interests 
of  their  constituents — "Oh;  but  stop!    There 
is  a  constitutional  bar  there,  and  you  cannot 
go  on."     I   think  we  have  taken  too  wide  a 
range  in  respect  to  our  duties.    At  all  events 
it  is  too  wide  to  suit  me.     I  am  no  lawyer,  and 
no  orator,  but  my  constituents  knew  what  I 
was  when  they  sent  me  here.     They  did  not  ex- 
pect me  to  say  a  word,  but  they  expected  me 
to  sit  here  and  think,  and  to  say  "  yea  "  and 
••  nay  "   at  the  right  times.     But  I   have   felt 
compelled,  under  the  existing  state  of  affairs, 
to  come  out  and  give  my  views,  such   as  they 
are.    Now  I  am  willing,  and  it  is  right,  that 
everything  should   pay  its  proporton   for  the 
support  of  the  Government,  and  certainly  I 
wane  all  property  taxed. 

Mr.  NOURSE.  Has  the  gentleman  any  ob- 
jection to  an  explanation  ?  Perhaps  he  is  not 
aware  of  the  condition  of  this  matter.  The 
amendment  I  have  offered,  to  which  the  gentle- 
man raises  an  objection,  is  in  these  words  : 


"  The  Legislature  shall  provide  by  law  for  a  uniform 
and  equal  rate  of  assessment  and  taxation  of  all  proj)- 
erty,  possessions,  and  possessory  rights,"  etc. 

Those  last  words  are  put  in  because  the  gen- 
tleman from  Storey  (Mr.  DeLong)  maintains 
that  mining  claims  or  possessory  claims  are 
not  property.  To  avoid  that  objection  we  de- 
sire to  say  "  all  property,  possessions,  and  pos- 
sessory rights." 

Mr.  MURDOCK.  I  have  an  objection,  audit 
Is  this  :  Now  I  am  an  illiterate  man,  whose 
business  has  been  to  M'ork,  and  to  delve  in  the 
mines  and  the  sage-brush,  and  I  have  not  had 
the  ability,  nor  the  chance,  if  I  had  the  ability, 
to  acquire  much  learning.  But  I  stand  here  as 
a  man,  to  represent  my  constituents,  and  as  a 
jealous  man,  too.  I  am  afraid  of  these  lawyers. 
They  say  such  and  such  words  mean  so  and 
so,  and  they  go  beyond  me.  They  talk  about 
"  possessory  titles,"  and  "  chattels  real."  and 
all  those  things,  and  it  is  beyond  my  compre- 
hension.    I  think  the  more  of  these  terms  we 


11th  day.] 


TAXATION. 


425 


Friday,] 


BeLDEN — MCRDOCK. 


[July  15. 


have,  the  greater  chance  there  is  for  lawyers  to 
pick  and  quibble.  When  they  go  on  and  say 
'•property  real  and  personal/'  and  ''chattels 
real,-'  and  ••  chattels  personal,"'  and '■  person- 
alty,"' and  "realty,"  and  '•mixed  property," 
and  all  that,  and  every  other  kind  of  property, 
they  fuzz  me  up.  [Laughter.]  I  do  not  un- 
derstand it.  I  want  to  use  no  other  word  than 
"property'" — a  word  I  learned  when  I  was  a 
boy.  When  we  say  "  all  property,"  I  suppose 
we  mean  all  property.  I  should  suppose  that 
meant  the  whole.  Now  if  property  is  divided 
up  into  personal  real,  chattels  real,  chattels 
personal,  and  all  that  sort  of  thing,  it  is  too 
much  for  my  brain  ;  I  cau"t  understand  it.  Say 
"  property,"  and  what  more  do  you  want  ? 
That  is  what  I  call  sense,  so  far  as  I  can  under- 
stand it,  and  if  I  am  to  blame  for  that,  I  can't 
help  it.  [Laughter.]  As  I  said  before,  I  think 
we  have  mistaken  our  calling,  and  are  looking 
through  legislative  eyes. 

Mr.  BELDEN.  Is  the  gentleman  from 
Churchill  aware  that  the  Enabling  Act  forbids 
our  taxing  the  property  of  the  United  States? 

Mr.  MURDOCK.  Thank  you  for  the  sugges- 
tion. I  am  well  aware  that  the  Enabling  Act 
says  property  belonging  to  the  United  States 
shall  not  be  taxed ;  but  I  am  perfectly  well 
aware  also,  that  all  possessory  claims  do  not  be- 
long to  the  United  States.  The  fee  simple  belongs 
to  the  United  States,  but  I  have  confidence  in 
genth^men  whose  opinions  have  been  given  on 
this  floor,  as  to  the  meaning  of  this  Enabling 
Act,  where  it  says  that  no  property  belonging 
to  the  United  States  shall  be  taxed,  and  I  will 
explain  it,  not  perhaps  in  lawyer  language, 
but  so  as  to  make  myself  undi'rstood.  If  I  do 
not  speak  like  a  lawyer,  I  will  not  speak  dis- 
loyally. I  think  that  the  property  which  is 
there  spoken  of  means  a  certain  kind  of  prop- 
erty belonging  to  the  United  States,  as  for 
instance.  Fort  Churchill,  or  any  other  piece  of 
property  owned  or  occupied  exclusively  by  the 
IFnited  States.  But  if  property  is  set  ofi'  for  a 
mine,  that  is  another  thing.  The  property  be- 
longing to  the  United  States  should  not  be 
taxed,  but  I  do  not  think  that  refers  to  possess- 
ory rights,  in  any  way,  shape  or  manner. 

Now  to  be  more  clearly  understood  I  will 
ask  gentlemen  to  refer  back,  not  to  the  En- 
abling Act,  but  to  the  Organic  Act,  for  we 
have  an  Organic  Act  as  well  as  an  Enabling 
Act,  and  I  suppose  that  there  is  not  a  gentle- 
man in  the  Convention  but  is  just  as  familliar 
with  the  Organic  Act  as  he  is  with  the  Enab- 
ling Act.  Now  what  does  the  Enabling  Act 
mean  when  it  goes  on  and  defines  the  lines  be- 
tween here  and  California,  and  to  the  north, 
and  the  south,  and  the  east— when  it  defines  by 
certain  lines  the  bounds  which  surround  the 
Territory  and  calls  all  within  those  lines  the 
Territory  of  Nevada?  And  what  then  does  it 
say  ?  It  says  that  no  portion  of  the  ground 
included  in  those  boundaries,  where  the  In- 
dian title  is  not  extinct,  shall  be  consid- 
ered as  forming  any  portion  of  that  Territory. 


Now,  in  the  name  of  heaven,  where  is  our  Ter- 
ritory? Show  me  the  first  foot  of  ground 
where  the  Indian  title  is  extinct  here.  I  have 
been  down  here  and  defended  myself  against 
the  Indians,  and  been  refused  protection,  too, 
by  high  authority  which  I  will  not  name  here 
to-night.  I  have  been  told  by  high  authority — 
by  men  who  have  high  authority  now — that  if 
I  wanted  to  go  on  the  frontier  I  must  take  the 
chances.  That  Enabling  Act.  which  says  that 
no  part  of  the  Territory  within  the  boundaries 
described  shall  be  construed  so  as  to  belong  to 
the  Territory,  where  the  Indian  title  is  not  ex- 
tinct, excludes  what?  It  excludes  this  very 
city  and  the  ground  this  building  occupies,  and 
even  the  seat  you  sit  on,  Mr.  President.  I  say 
there  is  not  a  foot  that  you  can  show  me  which 
this  Territory  has  a  right  to — not  a  single  foot 
of  ground. 

I  have  said  that  to  others  before  now,  and  I 
have  said  we  have  not  yet  found  a  head,  or  master 
of  the  Indians,  with  whom  we  can  lawfully  ne- 
gotiate. I  can  take  you  to  the  man  that  claims 
this  very  ground  here,  and  he  can  tell  me.  and 
talk  in  his  own  language,  too,  that  he  owns  this 
ground.  He  tells  you  that  the  Indians,  after  a 
great  fight,  had  a  treaty — the  remnant  of  them 
coming  from  the  other  side.  They  are  now 
called  •'  Washoe,"  but  they  came  in  the  first 
place  from  the  other  side  of  the  mountains. 
He  tells  you  the  treaty  was  this  :  He  says. 
••  We  had  heap  big  talk,  and  heap  agree  all 
time — Washoe  go  so  far — Washoe  go  down 
Truckee — -Washoe  go  so  far  down  Truckee ; 
Washoe  no  ride  horse — heap  catch  him  Washoe 
horse  all  time."  That  is  the  sum  and  substance 
of  it,  in  English.  [Laughter.]  There  has  been 
an  Indian  title,  and  is  to-day,  and  I  can  find  the 
man  that  claims  it.  And  this  is  the  condition, 
that  the  Washoes  shall  hold  this  land,  and  be 
allowed  to  hunt  and  fish,  but  shall  not  be  per- 
mitted to  ride  on  horseback.  That  was  the 
mark  of  subjugation,  and  it  is  not  long  since 
that  a  Washoe  Indian  bought  a  horse  here  in 
Carson,  and  paid  forty  dollars  in  gold  for  it, 
but  he  had  not  gone  a  hundred  rods  away  be- 
fore a  Pah  Ute  Indian  took  it  away  from  him, 
and  rode  off.  That  shows  where  the  title  is. 
[Laughter.] 

Now  what  do  you  think  of  this  Enabling 
Act  ?  That  Act  says  we  shall  not  tax  the  prop- 
erty which  belongs  to  the  United  States  Gov- 
ernment. Is  there  a  man  who  believes  that  the 
possessory  right  to  a  mine  cannot  be  taxed,  for 
the  reason  of  that  provision  of  the  Enabling 
Act?  If  it  could  not  be,  then  a  possessory 
right  to  a  ranching  claim  is  in  the  same  condi- 
tion. I  do  not  care  whether  it  is  a  mining 
claim  or  a  farm,  the  rule  would  be  the  same. 

I  have  listened  and  been  instructed  and 
amused  with  the  debates  here,  yet  sometimes  I 
regretted  the  wide  range  they  have  taken,  when 
I  have  thought  to  myself—"  Is  it  possible  that 
we  have  all  mistaken  our  calling?"  But  I 
knew  I  was  not  a  lawyer,  and  hadn't  any  busi- 
ness to  get  up  and  expose  my  ignorance  before 


426 


TAXATION. 


[11th  day. 


Friday,] 


DeLong — MuRDOCK — Warwick. 


[July  1/ 


tbe  assembled  wisdom  of  tliis  whole  Territory  ; 
but  I  have  stood  it  as  long:  as  lean,  [laughter,] 
and  hence  I  have  proposed  my  amendment,  and 
I  wish  it  to  have  as  fair  a  consideration  as  you 
can  give  it,  and  no  more.  If  the  Convention 
can  say  anythina;  more  than  '•  all  property,"  I 
do  not  see  it.  That  is  all  there  is,  and  what  is 
the  use  of  describing  it?  I  had  just  as  lief 
say  "  all  chickens  and  all  coops,"  as  "  all  mines 
and  mining  property."  Why  do  we  want  to 
put  "  chattels  real  "  and  "chattels  personal" 
into  it.  or  anything  of  that  kind  ?  Why  do 
you  talk  about  '•  mixed  chattels  "  to  a  gray- 
headed  man  like  me,  and  about  "  property 
mixed,"  and  all  those  things?  [Laughter.] 

I  most  respectfully  submit  these  views  to  the 
consideration  of  this  body,  and  if  I  have  said 
any  thing  unparliamentary  I  expect  to  be  ex- 
cused, for  really  my  intentions  are  good.  I 
intend  to  do  what  is  right,  and  I  want  all  prop- 
erty taxed  without  exception,  but  I  do  not 
want  this  Constitution  filled  up  with  such  words 
that  lawyers  can  pick  at  it,  and  say  "  chattels 
real"  and  "  chattels  personal,"  and  "chattels 
mixed,"  and  so  fuzz  up  men  like  me,  [Laugh- 
ter.] I  don't  want  to  be  fuzzed  up.  [Great 
laughter.]  I  want  to  stand  on  broad  ground. 
Lawyers  are  very  good  fellows  ;  T  have  nothing 
particul  ir  against  lawyers ;  but  I  .say  I  am 
afraid  of  these  lawyers. 

Mr,  DeLONG.  Lawyers  are  mixed  chattels, 
are  they  not? 

Mr,  MURDOCK.  I  was  just  going  to  say 
that  lawyers  are  what  they  are  from  the  cir- 
cumstances that  have  surrounded  them  from 
youth  up,  I  do  not  blame  them  ;  I  might  have 
been  a  lawyer  myself  had  I  studied  books  for 
it  when  I  was  a  boy.  [Merriment,]  But  if  I 
had  been,  I  think  I  should  have  been  more 
scrupulous  than  some  I  know  of  in  that  pro- 
fession.    [Renewed  laughter.] 

With  these  remarks,  all  I  have  further  to  say 
is  that  the  amendment  T  have  offered  looks  to 
me  to  be  the  most  simple,  and  the  easiest  way 
to  get  out  of  it.  Now  this  idea  of  compromise, 
and  coming  together,  does  so  disturb  my  brain 
that  I  cannot  understand  it.  The  idea  of  ex- 
empting a  mine  worth  five  dollars  and  taxing 
one  worth  a  hundred  dollars  looks  to  me  ridi- 
culous, and  wrong  in  principle,  because  I  might 
hold  five  thousand  feet  in  mining  claims  worth 
less  than  five  dollars  a  foot,  and  which  I  could 
take  that  very  amount  of  money  for  to-day, 
while  my  neighbor  happens  to  own  a  hundred 
feet  worth  five  or  ten  dollars  a  foot,  and  he  is 
taxed  but  I  am  not.  It  looks  to  me  not  right, 
but  altogetiier  wrong.  It  says  here  "  all  prop- 
erty shall  b;  taxed'erpially,"  That  is  what  I 
want,  "  All  property  shall  be  taxed  equally." 
Is  there  any  humbug  about  that  ?  Men  say,  do 
not  quibble  and  dodge  about  this,  and  for  one 
I  want  to  sny  "  all  property,"  and  so  put  it  on 
fair  ground.  Is  there  a  school-boy  that  does 
not  know  what  "all"  means?  and  what 
"property"  means?  and  that  if  it  .says  "all 
property  "  it  mean.s  the  whole  ?    Why  do  you 


want  to  cumber  this  Constitution,  or  this  Article 
of  it,  with  anything  more?  It  seems  to  m<> 
perfectly  clear  that  you  have  said  all  you  could 
say,  when  you  have  said  "  all  property,"  and 
if  you  say  ever  so  much  more  I  cannot  see  that 
it  would  comprehend  anything  but  "  all  prop- 
erty," after  all, 

Mr,  WARWICK,  Notwithstanding  the  laugh- 
ter I  have  heard  from  some  gentlemen,  I  must 
confess  that  I  have  listened  with  instruction  to 
the  speech,  as  well  as  to  the  amendment  pro- 
po.sed  by  the  gentleman  from  Churchill,  (Mr. 
Murdock.)  Owing  to  the  peculiar  wording  of 
the  amendments  before  the  Convention,  we 
have  been  compelled  to  bring  in  law-books 
here,  and  to  listen  to  learned  di.«cussions  as  to 
property  real  and  personal,  and  the  nice  dis- 
tinctions of  chattels  real,  and  qualified  prop- 
erty, etc.  We  have  had  to  dive  deep  into  the 
legal  lore  of  the  most  learned  lawyers  in  the 
Convention,  Novv,  sir,  we  have  arrived  at  a 
point  where,  if  gentlemen  on  the  opposite  side 
of  the  question  really  wish  for  compromise,  I 
think  we  are  ready  to  meet  them,  not  by  finely 
drawn  distinctions  of  real  and  personal  prop- 
erty, or  any  other  description  of  property,  but 
by  plain,  straightforward  language.  We  are  will- 
ing to  cover  it  all  with  the  broad  proposition  of 
"  all  property,"  and  then  leave  the  definition  of 
the  word  "property"  to  the  five  gentlemen 
whom  we  propose  to  place  on  the  bench  of  the 
Supreme  Court  of  Nevada.  Is  not  that  enough  ? 
Are  there  not  men  around  me  who  are  looking 
forward  to  that  high  judicial  position?  And, 
provided  they  are  worthy  of  it,  I  am  willing  to 
lend  my  aid  to  elevate  them  to  that  place,  and 
then  leave  to  their  wisdom  the  definition  of  the 
word  "  property,"  Day  after  day  we  have 
been  compelled  to  listen  to  legal  definitions  of 
what  property  consists  of,  and  now  if  gentle- 
men really  desire  to  settle  this  question  definitely 
and  for  all  time,  I  for  one  am  willing  to  settle 
it  on  this  basis,  that  "  all  property  .shall  be 
taxed,"  and  I  insist  that  when  we  have  said  that 
we  have  said  enough,  I  do  not  ask  the  Conventioa 
to  say  that  mines  shall  be  taxed,  or  that  farms 
shall  be  taxed  ;  I  do  not  ask  you  to  say  that  chat- 
tels real  or  chattels  personal  shall  be  taxed,  or 
that  it  shall  be  the  horse,  or  the  cow,  or  the  ox  ; 
but  I  am  willing  to  cover  every  thing  with  the 
term  "property,"  and  then  leave  the  Supreme 
bench  to  define  what  we  mean  by  "  property," 
as  we  are  willing  to  leave  every  other  question 
to  be  decided  by  that  tribunal,  in  whose  hands 
are  the  destinies  of  the  people  of  this  State. 
As  a  Court  of  last  resort  we  select  five  men 
whom  we  call  Supreme  Judges,  And  why? 
Because  after  every  other  resort  for  justice  has 
been  exhausted  we  turn  to  them  and  say,  "  We 
have  sought  justice  here,  and  we  have  sought 
justice  there,  and  now  we  come  to  you  as  the 
last  resort,  because  we  know  that  to  you  is  the 
final  appeal,  and  we  ask  you  to  tell  us  what  is 
justice,  and  what  is  not,"  Even  when  rebellion 
raised  its  hydra  head  men  told  us  they  were 
willing  to  leave  the  questions  involved  to  the 


nth  day.] 


TAXATION. 


427 


Friday,] 


Banks — Warwick. 


[July  15. 


Supreme  Court  of  the  United  States.  We  do 
not  ask  you  to  define  here  what  '•  property  " 
means,  but  we  are  willing  to  cover  it  all  with 
that  broad  teim  "  property,"  and  there  leave 
it,  and  whatever  "  property  "  covers  the  Su- 
preme Court  will  decide  to  be  covered. 

I  do  not  know  whether,  under  the  latitude 
which  has  been  allowed  to  debate,  it  would  be 
altogether  proper  to  allude  to  the  amendments 
which  have  been  offered,  but  still  I  trust  I  may 
be  permitted  to  refer  to  those  amendments. 
The  Convention  very  properly  refused,  a  few 
minutes  ago,  to  adopt  an  amendment  exempt- 
ing from  taxation  low-priced  mines.  I  say  tax 
them,  as  you  do  other  mines,  at  whatever  rate 
you  please,  if  you  say  you  will  tax  the  mines, 
but  let  the  taxation  be  equal.  If  you  say  you 
will  exempt  five-dollar  mines  from  taxation, 
and  not  others,  then  you  engraft  in  your  Con- 
stitution a  provision  which  I  believe  would  not 
be  able  to. stand  a  moment,  under  the  test  of 
the  Constitution  of  the  United  States.  Let 
there  be  no  discrimination.  We  have  no  right 
to  say  to  the  individual  who  owns  a  mining 
claim  worth  five  dollars  a  foot  that  he  shall 
pay  a  tax,  and  to  him  who  owns  claims  which 
are  worth  only  one  dollar  a  foot  that  he  shall 
not  be  taxed.  Consequently  I  think  that  we 
have  now  arrived  at  a  point  in  this  debate 
where  this  matter  can  be  definitely  settled,  if  it 
is  capable  of  settlement,  and  the  only  way  is  by 
covering  property  of  every  description  with 
the  broad  term  "  property."  Is  not  that 
enough  ?  Are  gentlemen  afraid  that  the  Su- 
preme Court  will  be  so  profligate,  or  so  cor- 
rupt, that  they  will  not  define  that  word  prop- 
erty ?  Are  lexicons  so  behind  the  age  that  they 
do  not  define  the  word  •'  property  "  so  clearly 
that  men  of  ordinary  comprehension  can  tell 
us  what  it  is?  The  gentleman  from  Churchill 
(Mr.  Murdock)  is  right  in  opposing  those  dis- 
tinctions, which  are  so  fine  drawn  and  intricate, 
and  he  has  shown  himself  possessed  of  that  in- 
telligence which  readily  enables  him,  in  his  own 
plain-spoken  way,  to  tell  you  of  what  property 
consists. 

Mr.  BANKS.  I  wish  to  ask  the  gentleman 
from  Lander  a  question.  Does  he  believe  that 
the  word  ■•  property  "  includes  mines  and  pos- 
sessory rights  to  mines?  And  if  so,  does  he  be- 
lieve that  they  will  be  taxed  under  this  pro- 
vision? 

Mr.  WARWICK.  Now,  sir,  being  somewhat 
like  what  my  friend  the  gentleman  from  Church- 
ill, in  his  modesty  declared  himself  to  be — al- 
though I  could  not  discover  it  certainly  from 
his  remarks — being  somewhat  illiterate,  and  not 
aspiring  to  a  seat  upon  the  Supreme  bench,  I 
should  prefer  to  leave  it  to  the  most  exalted 
minds  of  the  men  whom  the  people  are  willing 
to  place  on  that  Supreme  bench,  to  define  what 
is  property  and  what  is  not.  I  am  the  owner 
of  certain  property  which  it  has  been  proposed 
here  to  tax,  and  if  the  Supreme  Court  in  its 
wisdom  shall  say  that  those  mines,  not  barren 
altogether,  but  barren  to  me,  those  mines  which 


have  exhausted  my  means — if  the  Supreme 
Court  shall  say  to  me  that  every  thing  I  pos- 
sess is  property,  then  bowing  in  humility  to 
I  their  wisdom,  and  to  the  majesty  of  the  law, 
will  I  do  my  utmost  and  my  best  endeavors  to 
pay  whatever  taxes  they  and  the  Legislature 
shall  see  fit  to  impose.  But  I  am  not  here  to 
define  property  ;  I  am  willing  to  leave  that  to 
the  Court  of  last  resort.  If  the  Legislature 
may  not  define  it,  after  every  other  means  is 
exhausted  then  I  am  willing  to  go  to  the  Su- 
preme Court  and  say,  "  If  it  is  property  tell 
us  so,  and  then,  as  good  citizens,  we  bow  in 
submission  ;"  and  if  it  is  not  property,  then 
we  still  remain  untaxed. 

What  is  the  proposition  which  gentlemen 
seek  to  incorporate  ?  They  tell  you  there  is  a 
species  of  property  in  which  the  fee  simple  be- 
longs to  the  United  States,  and  which  is  by 
special  exemption  left  out  of  the  Constitution. 
Now  I  ask,  if  there  is  any  such  species  of  prop- 
erty, can  we  by  any  act  of  ours  subject  it  to 
taxation?  Can  we  incorporate  any  provision 
in  our  Constitution  which  shall  be  in  contra- 
vention of  an  act  of  the  legislative  depart- 
ment of  the  United  States  Government  ?  No 
gentleman  pretends  that.  But  for  fear  there 
should  be  some  mode  of  escape,  for  fear  the 
Supreme  Court  should  not  do  its  duty,  these 
gentlemen  seek  to  incorporate,  by  fine-drawn 
theories,  and  analytical  words,  if  you  please, 
something  into  the  Constitution  which  shall  in- 
clude everything,  whether  right  or  wrong. 
Sir,  if  the  most  important  questions  may  come 
before  the  Supreme  Court,  questions  affecting 
not  property  alone,  but  even  life  and  death — • 
and  these  gentlemen  have  already  consented  to 
place  those  questions  in  the  hands  of  the  Su- 
preme Court ;  from  time  to  time  we  have  al- 
ready said  yea  or  nay  upon  that — if  in  cases  of 
life  and  death,  cases  involving  the  most  sacred 
rights  known  to  the  laws,  you  are  willing  to 
leave  the  question  of  right  or  wrong  to  the  Su- 
preme Court,  are  you  not  willing  to  abide  the 
decision  of  that  tribunal,  whatever  it  may  be, 
in  cases  where  only  property  is  concerned  ? 

I  tell  you  that  of  all  the  practical  compro- 
mises ever  known,  nothing  has  been  more  prac- 
tical than  this  which  has  been  proposed  by  the 
gentleman  from  Churchill.  That  sound  prac- 
tical sense  that  led  him  last  night  to  advance 
certain  propositions  here  in  such  a  way  that 
there  was  no  getting  around  them,  homely 
though  the  phrase  might  be  in  which  they  were 
couched,  has  led  him  to  present  this  amend- 
ment, and  here  is  the  time  and  now  the  oppor- 
tunity for  a  compromise  which  will  settle  this 
vexed  question.  Now  is  the  time,  and  with  the 
broad  word  "  property,"  which  will  in  every 
way  cover  the  question,  to  settle  it  once  for  aU. 
Let  us  decide  it  now,  before  we  adjourn. 

The  PRESIDENT.  The  Chair  will  state  in 
relation  to  the  amendment  as  it  is  presented, 
that  the  amendment  to  the  amendment  last 
offered  proposes  to  strike  out  a  portion  of  the 
amendment   offered  by    the    gentleman   from 


428 


TAXATION. 


[11th  day. 


Friday,]  DeLong— President— Brosnan— Dunne— Earl— Fitch— Haines— Kennedy.  [July  15. 


"Washoe.  (Mr.  Nourse.)  Under  the  ruling  which  I 
the  present  occupant  of  the  Chair  has  made, 
I  will  decide  that  the  first  vote  will  be  on  the 
amendment  offered  by  the  gentleman  from 
Washoe. 

Mr.  DeLONG.  Then  I  wish  to  offer  an 
amendment  to  the  amendment  of  the  gentle- 
man from  Washoe. 

The  PRESIDENT.  There  is  an  amendment 
to  an  amendment  already. 

Mr.  DeLONG.  Then  must  not  the  amend- 
ment to  the  amendment  be  put  first? 

The  PRESIDENT.  The  Chair  thinks  the 
gentleman  from  Storey  understands  it  very 
well.  The  Chair  rules  that  the  question  first 
comes  upon  the  amendment  of  the  gentleman 
from  Washoe. 

Mr.  DeLONG.  Inasmuch  as  the  gentlemen 
from  Churchill  proposes  to  strike  out,  and  thus 
render  imperfect  rather  than  perfect  the  sec- 
tion, why  is  not  his  amendment  in  order? 

The  PRESIDENT.  That  is  the  ruling  of  the 
Chair,  and  the  gentleman  can  appeal  if  he  de- 
sires, and  proceed  in  order. 

Mr.  DeLONG.  I  do  not  wish  to  appeal,  but 
lam  in  favor  of  the  amendment  of  the  gentle- 
man from  Washoe,  with  a  slight  alteration,  and 
inasmuch  as  that  amendment  is  the  only  one 
which  proposes  to  perfect  the  section,  I  desire 
to  ask  if  the  amendment  of  the  gentleman  from 
Churchill  is  not  rather  an  amendment  to  the 
original  section  than  to  the  amendment  of  the 
gentleman  from  Washoe. 

The  PRESIDENT.  The  section  as  reported 
back  from  the  Committee  of  the  Whole  was 
itself  an  amendment  to  the  text  which  had  been 
referred  to  that  Committee,  and  that  report  was 
open  to  amendment.  The  gentleman  from 
Washoe  then  offers  an  amendment,  which  is 
really  a  substitute,  but  is  treated  as  an  amend- 
ment under  our  rules.  Then  the  gentleman 
from  Churchill  offers  an  amendment  which  pro- 
poses to  strike  out  a  part  of  that  which  had 
been  proposed  to  supplant  the  original  propo- 
sition. The  Chair  holds  that  the  only  legiti- 
mate order  is  to  take  the  vote  first  on  the 
amendment  of  the  gentleman  from  Washoe. 

Mr.  DeLONG.  Very  well  ;  I  ask  that  the 
amendment  be  read. 

The  SECRETARY  read  the  amendment  pro- 
posed by  Mr.  Nourse. 

The  yeas  and  nays  were  demanded  upon  the 
adoption  of  the  amendment,  and  the  Secretary 
proceeded  to  call  the  roll. 

Mr.  BROSNAN.  I  wish  to  say  one  word  be- 
fore voting  on  this  question.  I  shall  vote  in 
the  affirmative,  although  I  would  have  preferred 
that  the  words  "  possessions  and  possessory 
rights"  were  not  in  the  section.  I  will  vote 
for  it,  however,  because  I  want  this  question 
brought  to  a  conclusion.  I  look  upon  those 
terms  as  synonymous  in  every  sense,  and  I  am 
sorry  that  gentlemen  who  favor  this  motion 
should  insist  upon  keeping  them  there.  I  vote 
"  aye." 
Mr.  DUNNE.    I  wish  to  explain  my  vote. 


The  Convention  will  bear  me  witness  that  I 
stated,  in  the  discussion  upon  this  subject,  that, 
as  a  matter  of  general  policy  and  principle,  I 
believed  it  wrong  to  tax  the  mines.  As  a  mat- 
ter of  compromise,  however,  I  have  voted  previ- 
ously in  favor  of  taxing  the  mines,  within  a 
certain  limitation  proposed  ;  but  I  did  that  only 
for  the  sake  of  a  compromise.  Now  those  who 
entertain  opposing  opinions  have  failed  to  meet 
that  concession,  and  I  therefore  fall  back  on  my 
original  position,  of  the  general  impolicy  of 
taxing  the  mines,  and  I  vote  henceforth  and 
forever  "  no." 

Mr.  EARL.  I  was  in  hopes  that  we  should 
have  amended  this  proposition,  so  as  to  be  satis- 
factory to  all,  by  using  the  words  "real,  per- 
sonal and  possessory."     I  shall  vote  "no." 

Mr.  FITCH.  As  is  well  known,  I  am  in  favor 
of  taxing  the  mines.  At  the  same  time  I  am 
willing,  and  even  desirous,  that  all  allusion  to 
the  mines  by  name  should  be  stricken  out  of 
the  section.  That  has  been  done,  although  I 
regret  to  say  not  with  the  concurrence  of  the 
delegates  representing  the  agricultural  interest. 
Still  I  am  willing  to  meet  them  in  a  spirit  of 
compromise,  for  the  sake  of  securing  the  adop- 
tion of  the  Constitution,  and  regarding  this 
amendment  as  a  compromise  between  the 
amendment  offered  by  the  President  and  that 
proposed  by  my  colleague  (Mr.  Tozer,)  I  vote 
'•  aye." 

Mr.  HAINES.  I  would  like  to  explain  my 
vote,  and  in  order  that  I  may  be  fully  under- 
stood, if  there  is  no  objection,  I  wish  to  ask  a 
few  questions,  because  I  want  to  vote  intelli- 
gently, and  I  want  to  be  able  to  go  home  to  my 
constituents  prepared  to  tell  them  what  is  the 
understanding  here,  so  that  there  will  be  no 
misunderstanding  between  myself  and  my  con- 
stituents. If  it  can  be  shown  that  the  mines 
are  to  be  taxed  in  proportion  to  their  actual 
cash  value,  to  sustain,  or  help  to  sustain  our 
new  State  Government.  I  shall  vote  "aye,"  and 
I  wish  to  ask  the  President  if  that  is  the  con- 
struction he  puts  upon  this  amendment? 

The  PRESIDENT.  The  gentleman  must 
judge  for  himself. 

Mr.  HAINES.  There  is  no  use  in  employing 
vague  language,  and  I  do  not  intend  to  use 
such  language  as  some  gentlemen  have  inti- 
mated that  they  will  use  before  the  people — 
that  is,  to  tell  them,  in  the  mining  districts, 
that  this  section  does  not  mean  the  mines,  and 
in  the  agricultural  districts  that  it  does.  I  want 
no  misunderstanding  about  it,  and  if  that  is  the 
case  as  it  stands  I  wish  to  vote  so  as  to  have  it 
clearly  understood.  Therefore,  for  the  present, 
I  withhold  my  vote. 

Mr.  KENNEDY.  I  would  like  to  explain  my 
vote.  I  intend  to  vote  "  aye,"  for  the  reason 
expressed  by  the  gentleman  from  Humboldt 
(Mr.  Dunne.)  but  drawing  a  somewhat  different 
conclusion  from  what  he  does.  I  have  offered 
what  I  considered  as  a  compromise,  but  gentle- 
men, some  of  whom  represent  mining  constitu- 
encies entirely,  declined  to  accept  it,  and  there- 


11th  day.] 


TAXATION. 


429 


Friday,]  Ball— Haines— Collins— DeLoxg— Kennedy— Chapin— Warwick— Nourse.  [July  15. 


fore  I  now  vote  for  the  adoptioa  of  words  which 
I  think  must  without  doubt  include  mines  as 
subjects  of  taxation.     I  vote  "  aye." 

Mr.   BALL.     If   I  understand   it  correctly, 
explanations  are  now  in  order,  and  as  several 


on  the  amendment  offered  by  the  gentleman 
from  Churchill  (Mr.  Murdock.) 

The  PRESIDENT.  A  question  has  been  sug- 
gested here,  whether  the  adoption  of  this 
amendment,  by  the  vote  just  taken,  is  not  \  irtu- 


g^utlemen  have  explain-.-d  their  votes  1  shall  do  I  ally  the  r<jection  of  the  amendment  of  the  gen- 
the  same.  I  have  voted  ••  aye  "  on  the  amend- !  tleraau  from  Churchill,  being  a  refusal  to  strike 
meut,  and  I  wish  to  explain  my  vote  in  this  out.  I  would  like  to  hear  th"  views  of  members 
way  :  la  the  Convention  of  last  year  I  was  t  upon  that,  because  I  do  not  wish  to  make  a  rul- 
C.iairmau  of  the  finance  Coramittde,  and  we  I  ing  which  is  not  strictly  in  accordance  with 
had  this  subject  under  investigation.     I  then  j  parliamentary  u-sage. 

very  carefully  and  studiously  investigated  it,  |  Mr.  WARWICK.  That  is  the  very  question 
and  from  all  I  could  learn  I  could  not  find  that  I  to  which  we  addressed  ourselves  this  moruinu-. 
the  State  organization  could  possibly  be  run,  i  It  is  undoubtedly  the  idea  of  parliamentary 
or  a  Sttitt;  Government  carried  on.  without  the  i  law  that  every  member  moving  to  amend  a  bill 
taxation  of  the  mines.  The  prop  rty  of  the  should  be  heard  before  the  iTody,  and  that  no 
State  consisted  then,  as  it  does  now,  about  I  motion  should  cut  off  any  amendment  which 
three-fourths  of  mining  property,  and  one- 1  may  be  offered.  Now,  by  taking  the  vote  on 
fourth  of  property  of  other  kinds.  Therefore,  j  the  amendment  of  the  gentleman  from  Washoe, 
I  say,  I  do  not  wish  to  see  a  State  Government  |  we  have  virtually  cut  off  all  action  upon  the 
constituted,  or  a  Constitution  framed  and  sul>  i  amendment  of  the  gentleman  from  Churchill, 
mitted  to  the  people,  which  does  not  include  I  The  PRESIDENT.  The  Chair  thinks  that 
mines  as  suljjects  of  ta.xation.    As  I  understand  !  that  proposition  covers  the  point,  and  will  rule 


it,  this  clausj — "  possessory  claims  and  posses- 
sions " — covers  the  mines  as  fully  as  the  clause 
did  which  we  adopted  last  year.  I  wish  to  have 
the  matter  fully  understood,  and  to  leave  no 
way  to  dodge  it.  I  say  that  the  State  Govern- 
ment cannot  be  carried  on  without  taxing  the 
mines,  in  my  judgment,  and  therefore  I  have 
voted  "  aye." 

Mr.  H.YINES.  Being  satisfied  that  there  is 
no  ^doubt  about  the  amendment's  including 
mines  and  mining  property,  I  will  vote  in  the 
affirmative. 

Mr.  COLLINS.  I  have  voted  against  the 
adoption  of  this  amendment  proposed  by  the 
gentleman  from  Washoe,  not,  as  this  Conven- 
tion well  knows,  because  of  any  hostility  I  have 
against  the  taxation  of  the  mines  generally,  but 
because  I  wanted  to  have  it  done  in  the  way 
proposed  by  the  amendment  brought  in  by  the 
gentleman  from  Storey  (Mr.  Chapin.)  But  in- 
asmuch as  that  amendment  has  been  lost,  and  I 
do  not  wish  my  record  to  stand  contrary  to  my 
own  convictions,  I  now  change  my  vote,  and 
vote  '•  aye." 

Mr.  DkLONG.  I  change  my  vote  for  the 
purpose  of  giving  notice  of  a  motion  to  recon- 
sider.    I  vote  ••  aye." 

The  result  of  tne  vote  was  announced — yeas, 
20  ;  nays,  1-4— as  follows  : 

Veas — -Messrs.  Ball,  Belden,  Brady,  Brosnan,  Collins, 
Crawford,  DeLoiig,  Fitch,  Folsom,  Oribsou,  Haiues, 
Hawley,  Hudson,  Kennedy,  Kmkead,  Lockwood, 
Nourse,  Parker,  bturtevaut,  and  Mr.  President — 20. 

JVayx — Messrs.  Banks,  Chapin,  Crosman,  Dunne, 
Earl,  Hovey,  Mason,  AleClintou,  Murdock,  Proctor, 
Tagliabue,  Tozer,  Warwick,  and  Wetlierill — li. 

So  the  amendment  offered  by  Mr.  Nourse  was 
adopted. 

Mr.  KENNEDY.  Now  I  move  that  the  re- 
port of  the  Committee,  as  amended,  be  adopted. 

The  PRESIDENT.  There  is  an  amendment 
pending. 

Mr.  CHAPIN.    I  offer  an  amendment. 

Mr.  DeLONG.     I  believe  the  question  now  is 


that  the  amendm -nt  of  the  gentleman  from 
Churchill  is  in  order.  I  do  so,  not  that  I  am 
satisfied  that  the  ruling  is  entirely  correct,  but 
in  order  that  no  gentleman  shall  be  cut  off  from 
his  privilege  of  offering  an  amendment. 
Mr.  WARWICK.  Tnat  is  the  point. 
Mr.  KENNEDY.  I  rise  for  information.  If 
then  this  motion  is  lost,  is  my  motion  in  order? 
Unless  other  amendments  are  presented  I  pre- 
sume it  would  be. 

The  PRESIDENT.  It  is  difficut  to  determine 
in  advance  how  much  of  pertinency  there  may 
be  or  may  not  be  in  the  gentleman's  amendment. 
The  Chair  thinks  it  is  quite  enough  to  decide 
questions  as  they  arise. 

Mr.  CH.lPIN.  I  would  like  to  know  when 
my  amendment  will  be  in  order. 

The  PRESIDENT.  An  amendment  to  the 
pending  amendment  is  in  order  at  this  time. 

Mr.  CHAPIN.  I  will  offer  it  then  after  the 
Convention  shall  have  acted  upon  the  amend- 
ment of  the  gentleman  from  Churchill. 

Mr.  MURDOCK.  If  I  understand  the  ruling 
of  the  Chair,  it  is  that  the  motion  I  made  is 
now  in  order.  I  suppose  then  from  the  vote 
just  taken  upon  it,  that  I  have  failed  to  make 
myself  understood. 

The  PRESIDEN  V.  The  vote  has  not  yet  been 
taken  on  the  amendment  of  the  gentleman  from 
Churchill,  and  he  is  in  order  to  speak  to  his 
amendment  because  the  vote  has  not  been  taken 
upon  it. 

Mr.  NOURSE.  I  rise  to  a  point  of  order. 
The  report  of  the  Committee  was  amendment 
No.  1,  and  my  amendment  was  an  amendment 
to  the  amendment,  or  No.  2.  Now  is  not  the 
amendment  of  the  gentleman  from  Churchill  a 
third  amendment  ?  Was  not  it  an  amendment 
in  the  third  degr.  e  when  it  was  offered,  and 
therefore  out  of  order  ? 

The  PRESIDENT.  The  Convention  has  con- 
curred in  the  amendment  from  the  Committee 
of  the  Whole.    The  question  coming  up  next  on 


430 


TAXATION. 


[11th  day. 


Friday,] 


MuRDOCK— President— NocRSE. 


[July  15. 


adopting  the  amendment  recommended  by  the 
committee,  to  that  there  have  been  diverse 
amendments  proposed,  in  different  stages  of  the 
proceedings  of  the  Couveution. 

Mr.  MURDOCK.     Am  I  in  order  to  explain  ? 
The  PRESIDENT.     The  gentleman  is  in  or- 
der to  fip'Ak  to  his  amendment. 

Mr.  MIR  DOCK.  I  say  I  supposed,  from  the 
vote  last  taken,  that  I  had  failed  to  make  my- 
self understood  by  the  Convention.  I  did  not 
intend  to  vote  that  the  mines  should  not  be 
ta.xed,  and  I  did  intend  to  frame  the  amend- 
ment so  as  to  say  th  it  all  property  shall  be 
taxed,  whether  it  be  in  mines  worth  a  dollar  a 
foot,  or  in  lands  worth  a  dollar  an  acre,  or  in 
anything  else  of  value.  I  did  suppose,  because 
my  early  education  taught  me  to  suppose,  that 
"  all  property ''  meant  everything  of  value, 
and  I  do  not  want  to  stand  up  here  and  have 
this  Convention  misunder.-taud  me,  or  think  I 
took  a  position  which  I  really  did  not  take.  I 
do  want  all  property  taxed.  If  mines  are  worth 
a  dollar  a  foot,  I  want  them  taxed  upon  that 
dollar.  When  I  say  every  species  of  property 
should  be  taxed,  I  mean  that  I  want  every 
species  of  property  which  claims  protection  un- 
der this  State  Government  that  is  to  be,  to  pay 
its  proportion  of  the  revenues  of  the  State.  I 
want  every  dollar  of  it  taxed,  for  I  do  not 
■want,  as  I  said  before,  to  mistake  my  calling. 
I  did  not  come  here  to  legislate.  I  didn't  come 
here  to  so  restrict  the  Legislature  as  to  limit  it 
to  this  or  to  that.  I  am  perfectly  willing  that 
the  mines  should  bo  taxed,  and  that  every  other 
dollar  of  property  within  the  limits  of  the  State 
that  is  to  be  should  be  taxed  equally.  And  I 
did  think  that  that  article  as  1  proposed  to 
amend  it  expressed  the  idea  most  clearly  that 
all  property  should  be  taxed  equally. 

The  reason,  and  the  only  r^iason,  why  I  ob- 
jected to  using  those  word- — '•  p-rsoual  realty," 
"  chattel  real,"  •'  chattel  personal,"  "  mixed," 
and  so  on,  was  because  the  legal  fraternity  had 
so  mixed  up  those  things  as  to  blind  and  fuzz 
me,  and  the  Legislature  I  think  will  be  com- 
posed of  just  as  wise  men  as  there  are  in  this 
body.  I  did  not  want  to  be  understood  as 
standing  here  to  advocate  the  doctrine  that  any 
property  shall  not  be  taxed  for  its  protection, 
whether  it  be  in  mines,  in  oxen,  in  ranches,  or 
in  anything  else.  So  1  struck  out  everything 
that  I  called  surplusage,  for  the  reason  that  i 
supposed  "  all  property  "  meant  all  property, 
of  every  species,  and  every  kind.  I  do  not 
want  to  so  trammel  this  question  that  it  shall 
get  before  the  people  in  a  way  that  the  people 
can  be  mistaken  aljout  it,  in  any  particular.  If 
a  man  has  got  a  mine  and  considers  it  property, 
he  is  liable  to  pay  taxes  on  it,  just  the  same  as 
if  he  has  a  yoke  of  cattle  on  which  he  is  liable 
to  pay  a  tax.  All  I  am  opposed  to  in  the  ori- 
ginal section  is  that  odious  clause  '■  including 
mines  and  mining  property."  If  they  had 
gone  on  and  said — "  all  ranches  and  ranching 
property,"  "  all  tailors  and  tailors'  shears," 
"  all  shoemakers  and  shoemakers'  tools,"  and 


named  over  everything  else,  I  would  not  have 
objected  a  bit.     [Merriment.] 

Mr.  NOURSE.  I  rise  to  a  point  of  order.  It 
is  that  the  amendment  to  the  amendment  pro- 
posed by  the  gentleman  from  Churchill  was  to 
strikeout  the  words  "  real  and  personal."  Now 
the  amendment  I  ottered  having  been  adopted, 
there  are  no  such  words  to  be  stricken  out,  and 
therefore  I  submit  that  there  is  no  such  amend- 
ment, because  we  cannot  strike  out  words  which 
are  not  in  the  section. 

The  PRESIDENT.  The  gentleman  from 
Washoe  misapprehends  the  question.  For  the 
purpose  of  enabling  the  Convention  to  under- 
stand the  amendment,  it  was  stated  that  the 
effect  of  the  vote,  upon  the  report  of  the  Com- 
mittee of  the  Whole,  would  be  to  strike  out  the 
words  •'  real  and  personal,"  but  that  I  flnd'is 
not  exactly  correct.  On  the  contrary,  it  pro- 
posed to  strike  out  all,  and  insert  new  words, 
and  upon  that  view  it  was  necessarily  in  order, 
as  those  words  were  embraced  in  the  amend- 
ment offered  by  the  gentleman  from  Washoe,  to 
perfect  the  language,  before  taking  the  vote 
on  striking  out.  The  gentleman's  amend- 
ment, perfecting  the  language  proposed  to 
be  stricken  out,  having  been  adopted,  the 
question  now  comes  on  striking  out  that  lan- 
guage. 

Mr.  NOURSE.  I  had  misunderstood  the 
question. 

Mr.  MURDOCK.  I  was  going  on  to  .say  that 
I  want  to  place  myself  in  such  a  position  be- 
fore this  body  that  I  shall  not  be  mistaken  in 
regard  to  my  motives  and  views.  I  am  not 
taking  sides  as  to  whether  mines  shall  or  shall 
not  be  taxed,  or  ranches  or  any  other  species  of 
property  ;  but,  as  I  said  before,  I  did  not  come 
here  to  legislate,  but  to  form  a  fundamental 
law,  and  to  leave  to  legislation  what  legiti- 
mately belongs  to  legislation,  in  relation  to  dis- 
criminating as  to  what  shall  be  taxable  property 
and  what  shall  not.  And  when  we  have  .said 
in  this  Article  "all  property,"  my  education 
has  not  gone  far  enough  to  enable  me  to  add  to 
it.  When  I  say  "all  properly,"  I  do  not  know 
how  I  can  add  to  that,  in  any  possible  way  in 
the  world,  and  the  addition  of  '•  mines  and 
mining  property  "  looks  to  me  like  surplusage. 
It  looks  to  me  particularly  obnoxious,  unless 
you  also  put  in  ranches,  and  the  appurtenances 
thereto  belonging,  and  then  go  on  through  all 
the  varied  descriptions  of  property  which  peo- 
ple ordinarily  have  in  their  possession.  Now 
inasmuch  as  I  think  "  all  property  "  has  cov- 
ered the  whole  ground,  I  do  not  want  to  be 
considered  by  any  member  as  opposing  the 
taxation  of  the  mines,  because  I  am  uoi.  Inas- 
much as  they  have  the  protection  of  the  Gov- 
ernment, I  want  them  equally  ta.xed  with  other 
property.  But  here  is  a  thing  I  do  know,  and 
that  is,  that  if  we  adopt  provisions  which  will 
be  of  a  distinctly  legislative  character  and  in- 
corporate them  into  this  fundamental  law,  our 
lai)or  will  go  for  naught.  We  have  once  had  a 
ruling  and   a  decision  upon  that  question,  by 


11th  day.] 


TAXATION. 


431 


Friday,]  DeLong—Lockwood—Hawlet—Tozer— Ball— Banks— President.  [July  15. 


the  people  themselves,  and  they  will  give  the 
same  ruling  now  as  they  did  before. 

Mr.  DeLONG  moved  (at  half-past  8  o'clock 
P.  M.)  that  the  Convention  adjourn. 

Mr.  NOURSE.  I  hope  not,  because  I  have  a 
motion  to  make. 

The  yeas  and  nays  were  demanded  on  the 
motion  to  adjourn. 

Mr.  LOCK  WOOD.  I  would  like  to  explain 
my  vote  upon  this  motion.  I  am  very  tired  of 
sitting  here,  and  1  understand,  besides,  that 
some  gentlemen  want  recreation  of  a  peculiar 
kind,  and  I  am  in  favor  of  giving  them  a 
chance. 

The  question  was  taken  by  yeas  and  nays, 
and  the  vote  resulted — yeas,  15  ;  nays,  19 — as 
follows : 

i^eas — Messrs.  Crosman,  DeLong,  Earl,  Gibson,  Haw- 
ley,  Hovey,  Mason,  McCliuton,  Murdock,  Parker, 
Proctor,  Tagliabue,  Tozer,  Warwick,  and  Wetherill — 15. 

Nays — Messrs.  Ball,  Banks,  Beldeu,  Brady,  Brosuan, 
Chapin,  Collins,  Crawford,  Dunne,  Fitch,  Folsom, 
Haines,  Hudson,  Kennedy,  Kinkead,  Lockwood, 
Nonrse,   Sturtevant,  and  Mr.   President — 19. 

So  the  Convention  refused  to  adjourn. 

Mr.  HAVVlEY.  I  ask  leave  to  change  my 
vote  with  a  view  to  a  reconsideration.  [Laugh- 
ter.] 

Ttie  PRESIDENT.    It  is  not  in  order. 

Mr.  TOZER.  I  move  that  my  colleague, 
(Mr.  Ball,)  have  indefinite  leave  ot  absence. 

Mr.  BALL.  When  the  gentleman's  colleague 
wants  leave  of  absence  he  can  ask  for  it  himself. 

Mr.  TOZLR.     I  wish  to  speak  to  that  motion. 

The  PRESIDENT.  The  question  is  on  the 
amendment  offered  by  the  gentlemen  from 
Churchill. 

Mr.  BANKS.  I  understand  that  the  motion 
is  to  strike  out  and  insert,  and  that  the  propo- 
sition which  it  is  proposed  to  strike  out  is  the 
substitute  offered  by  the  gentleman  from  Washoe. 
Am  1  right? 

The  PRESIDENT.     Yes,  sir. 

Mr.  Banks.  Then  I  move  to  amend  by  the 
addition  of  the  following  language,  which  I 
will  send  up  to  the  Secretary's  desk.  I  propose 
to  amend  by  adding  that  to  the  section  as  it 
stands,  having  been  amended  on  the  motion 
of  the  gentlemen  from  Washoe. 

The  PRESIDENT.  1  suggest  whether,  in  or- 
der to  prevent  a  complication  of  the  question, 
it  would  not  be  better  first  to  take  the  vote 
upon  the  amendments  pending,  and  then  to 
submit  this  amendment. 

Mr.  TOZER.  I  move  that  the  Convention 
adjourn. 

The  PRESIDENT.  The  motion  is  not  in  or- 
der ;  no  business  having  intervened  since  the 
Convention  refused  to  adjourn.  The  question 
is  on  the  amendment  offered  by  the  gentleman 
from  Churchill. 

The  question  was  taken  by  yeas  and  nays 
upon  the  amendment  ottered  by  Mr.  Murdock, 
and  the  vote  was — yeas,  13  ;  nays,  21 — as  fol- 
lows : 

Zeew— Messrs,  Chapin,  Crosman,  DeLong,  Dunne, 


Hovey,  Mason,  McClinton,  Murdock,  Proctor  TagUa- 
bue,  Tozer,  Warwick,  and  Wetherill— 13. 

Nays—Messvs.  Ball,  Banks,  Beldeu,  Brady,  Brosnan 
Collins,  Crawford,  Earl,  Fitch,  Folsom,  Gibson,  Haines' 
Hawley,  Hudson,  Kennedy,  Kinkead,  Lockwood' 
Nourse,  Parker,  Sturtevant,  and  Mr.  President— 21. 

So  the  amendment  was  not  agreed  to. 

Several  members  claimed  the  floor,  amidst 
some  confusion,  and  moved  that  the  Conven- 
tion adjourn. 

Mr.  BANKS  was  recognized  by  the  Chair, 
and  said  :  I  now  offer  the  amendment  which  I 
have  sent  up  to  the  Secretary's  desk.  I  move 
to  amend  the  section  by  adding  to  it  as  already 
amended,  this  language — 

The  Secretary  read  as  follows : 

"Provided,  That  no  tax  shall  be  imposed  on  any 
mining  claim,  or  possessory  right  thereto,  which,  dur- 
ing the  year  immediately  preceding  the  time  of  making 
the  assessment,  has  protluced  an  amount  of  ore  the 
value  of  which  is  less  than  one  thousand  dollars." 

Mr.  BANKS.  I  do  not  think  I  have  been 
accustomed  to  inflict  on  the  Convention  speeches 
of  great  length,  and  I  now  ask  the  privilege  of 
saying  to  the  members  of  this  Convention  a 
ft' w  words,  in  all  candor  and  sincerity,  in  refer- 
ence to  the  position  we  occupy  in  regard  to  this 
Constitution,  and  the  position  we  will  occupy 
before  those  who  sent  us  here.  If  I  can  get 
the  attention  of  members — and  I  will  say  1  do 
not  intend  to  annoy  the  Convention  by  a  speech 
occupying  &ny  considerable  length  of  time— I 
want  to  say  just  this,  when  I  can  be  heard  :  It 
is  obvious,  beyond  all  question,  that  there  is  in 
the  Convention  a  very  considerable  majority  of 
members  who  are  determinedly  and  persist- 
ently in  favor  of  taxing  the  mines,  without 
any  discrimination  whatever.  I  have  not  the 
slightest  fault  to  find  with  gentlemen  entertain- 
ing those  opinions,  nor  any  objection  to  urge 
against  their  acting  upon  them  here,  and  en- 
deavoring to  place  them  in  the  fundamental 
law  of  our  State.  With  those  gentlemen,  per- 
sonally, I  say,  I  have  no  fault  to  find.  But  I 
want  to  say  to  them  this,  that  alter  the  ex- 
periment of  last  year,  and  what  we  have  since 
learned  of  the  puulic  sentiment  on  this  subject, 
it  is  the  worst  of  folly  for  us  to  undertake  to 
tax  the  mines,  without  any  discrimination  as  to 
their  intrinsic  value,  or  as  to  their  being  pros- 
pecting mines,  and  still  hope  to  prevail  before 
the  people.  We  who  represent  the  mining 
counties  have  sought  by  every  honorable  means 
which  our  ingenuity  could  invent  to  join  with 
the  majority  in  the  support  of  all  the  compro- 
mises proposed  here,  not  only  those  which  were 
within  the  bounds  of  reason,  but  also  in  some 
cases  those  which  involved,  as  I  conceived,  an 
actual  sacrifice  of  our  dignity  itself.  Now,  sir, 
we  have  not  been  met  in  a  like  spirit  in  any 
particular.  All  the  compromises  proposed  from 
that  quarter  have  been  in  the  form  of  language 
strengthening  their  position,  and  making  it 
more  absolutely  certain  that  mines  ot  all  kinds, 
whether  mere  ••  holes  in  the  ground,"  or  mines 
of  vast  intrinsic  wealth,  must  inevitably  be 
taxed.    Sir,  we  send  this  Constitution  before 


432 


TAXATION, 


[11th  day 


Friday,] 


DeLong — Banks. 


[July  15. 


the  people,  if  the  will  of  the  majority  prevails, 
with  this  feature  in  it,  aad  before  the  people, 
and  unoii  the  stump,  if  we  are  true  to  our- 
selves,'aad  state  what  all  sensible  mea  must 
know  is  the  legitimate  coastructioii  of  that 
Constitution,  we  must  tell  every  man,  be  he 
a  miner,  or  be  he  a  farmer,  that  if  that  Consti- 
tution is  adopted,  mines  of  every  liind  and 
quality,  according  to  their  value,  intrinsic  or 
prospective,  must  be  subjects  of  taxation. 

I  intend,  life  and  health  being  spared,  to  re- 
turn to  my  constituents  at  the  close  of  this 
Convention,  and  there  I  shall  be  asked  what  the 
Convention  meant  by  this,  that  and  the  other 
section.  I  would  gladly  take  thy  stump,  and 
endeavor,  with  what  ability  I  possess,  to  advo- 
cate the  adoption  of  the  Constitution,  because 
I  want  the  glorious  privilege  of  voting  for 
Abraham  Lincoln,  to  be  the  uext  President  of 
the  United  States,  and  I  want  to  enjoy  all  the 
privileges  of  a  citizen  of  an  independent  State 
in  the  American  Union  ;  but  if  I  am  asked  by 
the  miners  in  my  county,  '•  Does  the  Constitu- 
tion require  the  taxation  of  tbe  mines?  "  I  shall 
be  compelled  as  an  honest  man  to  say,  as  I  be- 
lieve every  man  in  the  Convention  will  be 
forced  to  confess,  that  it  does  unqualifiedly  and 
unreservedly  require  the  indiscriminate  tax- 
ation of  mines  of  every  kind.  As  a  last  propo- 
sition, therefore,  I  have  sent  up  that  amend- 
ment, providing  that  mines  which  during  the 
year  preceding  the  assessment  have  not  yielded 
one  thousand  dollars,  shall  not  be  subjected  to 
taxation.  I  propose  that  amendment  in  a  spirit 
of  compromise,  in  order  to  relieve  from  taxation 
those  prospecting  enterprise'-:  which  all  the 
members  of  the  Convention,  at  the  start,  in 
theory  at  least,  if  not  by  their  action,  have  con- 
ced  d,  should  not  be  subject  to  taxation.  I  want 
to  discriminate  between  the  valuable  mines  and 
those  enterprises  wherein  there  is  no  value  of 
an  absolute  or  positive  character, but  the  value 
of  which  is  simply  that  kind  of  value  which  de- 
pends upon  a  man's  hopes  or  expectations — 
those  mines  which  have  really  no  taxable  basis. 
If  gentlemen  from  the  agricultural  counties 
feel  disposed  to  adopt  so  trilling  a  concession  in 
our  favor  as  this,  1  shall  at  least  be  grateful, 
and  I  believe  it  will  relieve  the  Constitution  of 
much  of  the  odium  that  would  otherwise  attach 
to  it.  Otherwise,  I  believe  that,  beyond  all 
question,  whatever  hopes  we  may  have  in  regard 
to  the  adoption  of  the  Constitution,  they  will 
not  be  realized. 

Mr.  DeLONG.  Mr.  President,  I  have  listened 
with  feelings  of  wonder  to  the  remarks  of  the 
gentleman  from  Humboldt  (Mr.  Banks,)  who 
sit?  beside  me.  with  whom  I  have  been  acquaint- 
ed a  great  while,  and  for  whose  practical  good 
sense  and  honesty  of  purpose  I  have  the  highest 
regard.  When  we  came  into  this  Convention 
we  found  here  this  clause  which  said  that  all 
property,  both  real  and  personal,  including 
mines  and  mining  property,  should  be  taxed. 
Upon  motion,  that  portion  of  the  clause  which 
Bpocitied  mines  and  mining  property  was  stricken 


out,  the  gentleman  from  Humboldt  voting  for 
that  motion,  and  gentlemen  on  this  floor  who 
are  colleagues  of  mine,  and  the  representatives 
of  other  mining  counties,  also  voting  for  the 
motion.  But  twenty-four  hours  roll  over  this 
Convention,  and  these  same  gentlemen,  includ- 
ing the  member  from  Humboldt,  in  this  same 
room,  vote  for  another  proposition,  which  its 
author  declares,  and  which  the  gentleman  from 
Humboldt  admits,  means  universal  taxation  of 
the  mines.  Now  what  is  the  meaning  of  the 
action  which  gentleman  have  taken  ?  Why  did 
they  vote  to  strike  out  of  the  section  that  which 
seems  to  be  unmistakable  and  plain — that  which 
says  in  so  many  words  that  mines  and  mining 
property  shall  be  taxed — and  then  vote  into  its 
place  the  language  of  the  amendment  of  the 
gentleman  from  Washoe  (Mr.  Nourse,)  which 
they  admit  means  the  same  thing? 

Mr.  BANKS.  I  beg  the  gentleman's  pardon; 
I  did  not  vote  for  it. 

Mr.  DeLONG.  Then  I  do  the  gentleman  a 
wrong,  and  I  retract  with  pleasure  what  I  have 
said,  so  far  as  it  applies  to  him,  and  I  regret  that 
I  have  even  intimated  it.  But  there  are  many 
others  that  did.  They  voted  out  one  sentence, 
and  then  voted  in  another  which  meant  the 
same  thing.  And  having  done  that,  it  becomes 
my  bounden  duty  to  tell  you,  with  the  pro- 
foundest  respect  for  the  Convention — for  I  do 
not  know  but  possibly  the  majority  are  correct, 
although  I  differ  with  them  in  tneir  views — 
that  I  must,  with  deep  and  keen  regret  say  that 
I  believe,  first,  that  your  Constitution,  contain- 
ing a  clause  providing  for  an  indiscriminate 
taxation  of  the  mines,  will  be  buried  with  in- 
dignation by  the  people,  in  the  coming  election; 
and  in  the  next  place,  even  if  it  should  not  be, 
it  is  a  measure  which  looks  to  all  time  to  come; 
it  is  a  measure  which  looks  to  the  detriment, 
the  destruction,  and  ruin  of  the  paramount  in- 
terest of  our  Territory  ;  it  is  a  measure  which 
is  diametrically  opposed  to  the  views  of  those 
who  sent  me  here,  and  to  the  sentiments  of  the 
very  Convention  which  called  me  forward  to 
pledge  myself,  when  I  was  nominated.  I  did  so 
pledge  myself,  and  I  haveremained  true  to  that 
pledge.  And  I  say  to  those  who  have  disagreed 
with  me,  that  I  believe  it  is  my  bounden  duty 
to  take  that  course  which  my  duty  dictatas. 
That  Constitution  containing  such  a  clause  is 
wrong,  aud  I  would  be  a  party  to  that  wrong 
if  I  should  seek  to  have  it  adopted  by  the  peo- 
ple of  this  Terricory.  I  believe  it  is  therefore 
my  duty,  whenever  this  Constitution  shall  have 
engrafted  into  it  a  principle  which  I  believe  is 
wrong,  which  I  believe  deprives  those  whom  I 
represent  of  their  just  rights,  and  their  dearest 
rights,  to  act  as  such  circumstances  direct.  I 
can  see  no  hope  in  the  proposition  now  offered 
by  the  gentleman  from  Humboldt,  in  the  form 
in  which  it  is  offered.  It  seems  to  be  the  will 
of  the  majority  of  the  Convention,  cooperating 
with  many  of  my  own  colleagues,  that  the  in- 
discriminate taxation  of  the  mines  shall  be  the 
order  of  the  day.     With  the  wisdom  of  that 


12th  day.] 


PROXIES. 


433 


Saturday,] 


DeLoxg— Brosnan — NouRSE — President— Warwick 


[July  16. 


decision  I  have  no  controversy.  We  have  ar- 
gued the  question  here,  and  it  has  been  consid- 
ered and  discussed  fully  and  ably.  I  have 
asked,  without  stating  the  reasons,  which  I 
thought  it  not  proper  then  to  state,  for  an  ad- 
journment, so  that  those  who  feel  with  me 
that  their  interests,  or  the  interests  of  their  con- 
stituents are  endangered,  might  have  an  oppor- 
tunity to  m'>et  and  consult,  and  see  if  there  was 
any  possibility  of  arriving  at  an  understanding 
with  those  who  disagree  with  us,  but  even 
that  poor  privilege  is  also  denied  us  by  the  ma- 
jority. 

Several  Members.     '"Oh  no,  no!"' 

Mr.  DeLONG.  Not  even  an  adjournment  can 
be  permitted,  but  final  action  is  demanded  while 
the  power  is  held  in  their  hands.  I  have  only 
to  say  this,  that  I  vote  against  this  proposition, 
and  against  all  others  of  that  character,  simply 
for  the  reason  that  I  know  it  discriminates  be- 
tween men  holding  the  same  kind  of  property, 
and  I  cannot  conscientiously  discriminate  in  a 
case  of  that  kind.  This  Convention  will  take 
such  action  as  it  sees  proper,  but  I  will  say, 
however,  that  I  would  like  an  adjournment,  be- 
fore that  action  is  taken,  to  allow  us  an  oppor- 
tunity for  some  consultation,  that  we  may  con- 
fer together  and  decide  upon  taking  that  course 
of  action  wliich  we  may  deem  proper  under  all 
the  circumstances. 

Mr.  BROSNAN.  I  now  move  that  this  Con- 
vention adjourn. 

The  question  was  taken  by  yeas  and  nays 
upon  the  motion  to  adjourn,  and  the  vote  was 
— yeas,  28  ;  nays,  6 — as  follows  : 

Yeas — Messrs.  Ball,  Banks,  Belden,  Brady,  Brosnan, 
Chapin,  Collins,  Crawford,  Crosman,  DeLong,  Dunne, 
Earl,  Folsom,  Gibson,  Hawley,  Hovey,  Hudson,  Kin- 
kead,  Lockwood,  Mason,  McCliutou,  Murdock,  Proctor, 
Tagliabue,  Tozer,  Warwick,  Wetherill,  and  Mr.  Presi- 
dent—28. 

JVays — Messrs.  Fitch,  Haines,  Kennedy,  Noiirse, 
Parker,  and  Sturtevant — 6. 

During  the  voting — 

Mr.  NOURSE.  I  desire  to  explain  my  vote. 
The  Convention  insisted  on  evening  sessions 
last  night,  when  things  were  working  to  suit 
these  gentlemen,  and  they  wanted  no  adjourn- 
ment. Now  I  like  this  thing  so  well  to-night 
that  I  vote  '•  no." 

The  result  of  the  vote  having  been  announced, 
as  above  stated. 

The  PRESIDENT  accordingly,  at  9  o'clock, 
P.  M.,  declared  the  Convention  adjourned. 


TWELFTH  DAY. 

Carson,  July  16,  1864. 

The  Convention  met  at  nine  o'clock,  A.  M., 
and  was  called  to  order  by  the  President. 

The  roll  was  called,  and  all  the  members  re- 
sponded except  the  following  :  Messrs.  Frizell, 
Haines,  Hovey,  Jones,  Morse,  Wellington,  and 
Williams.     Present,  32  ;  absent,  7. 

Prayer  was  offered  by  the  Rev.  Mr.  NIMS. 

b2 


The  journal  of  yesterday  was  read  and  ap- 
proved. 

question  of  proxies. 

Mr.  WARWICK  offered  the  following  reso- 
lution, which  was  read  by  the  Secretary  : 

Resolved,  That  a  majority  of  the  Delegates  present 
from  any  county  be  allowed  to  cast  the  vote  of  the  ab- 
sent members  of  the  delegation. 

The  PRESIDENT.  The  Chair  will  rule  the 
resolution  out  of  order.  It  is  a  proposition  be- 
fore unheard-of  in  any  legislative  body. 

Mr.  WARWICK.  I  shall  with  great  regret 
be  under  the  necessity  of  taking  an  appeal  from 
the  decision  of  the  Chair,  and  I  would  like  to 
be  heard  on  that  appeal. 

The  PRESIDENT.  The  gentleman  will  state 
his  grounds  of  appeal. 

Mr.  WARWICK.  I  shall  do  so  most  respect- 
fully, sir.  In  the  first  place  the  decision  of  the 
Chair  is  predicated  upon  the  snpposition  that 
we  are  here  as  a  legislative  body,  or  its  equiva- 
lent, whose  action  would  be  a  finality.  Now, 
sir,  I  contend  that  the  resolution  I  ofter  is  in 
order,  for  this  reason,  that  we  are  a  different 
body  altogether  from  a  Legislature,  where  a 
personal  representation  is  required.  Neither 
are  we  a  simple  Convention,  such  as  is  called 
together  by  the  people  ;  but  we  partake  of  the 
character  of  both  in  such  a  degree  that  it  is 
perfectly  competent  for  this  Convention  to 
grant  the  privilege  I  ask  if  it  shall  see  fit  so  to 
do. 

The  grounds  on  which  I  ask  the  privilege  are 
as  follows  :  The  county  of  Lander,  as  is  known 
to  tho.se  who  have  taken  the  pains  to  investigate 
this  matter,  casts  a  vote  of  nearly  two  thou- 
sand, while  the  counties  of  Washoe  and  Roop, 
for  example,  cast  a  vote  unitedly  of  from  six- 
teen hundred  to  two  thousand.  But  what  is  the 
situation,  sir?  We  find  those  counties  are  here 
with  a  representation  of  five  voters  in  this  Con- 
vention, while  the  county  of  Lander,  with  its 
two  thousand  legal  voters",  is  here  with  a  repre- 
sentation of  one  single  vote  only.  Now  the 
foundation  of  our  government — its  very  corner- 
stone— is  laid  upon  the  principle  of  representa- 
tion by  the  people,  and  I  should  like  to  know 
what  species  of  justice  it  is  when  two  hundred 
and  twenty  people  in  the  county  of  Washoe 
are  allowed  to  have  the  same  voice  in  the  affairs 
of  the  government  that  two  thousand  people 
have  in  the  county  of  Lander?  I  really  do  not 
know  whether  this  resolution  will  meet  with 
any  favor  in  this  Convention  or  not,  but  I  have 
felt  it  a  duty  to  the  people  I  represent  to  make 
the  motion,  and  if  it  is  defeated  I  shall  be  able 
to  let  them  know  at  least  that  their  sole  repre- 
sentative on  the  floor  of  this  Convention  did  all 
he  could  to  allow  them  to  have  as  much  to  say 
in  the  formation  of  the  instrument  which  we 
are  about  to  submit  to  the  people,  as  an  equal 
number  of  people  in  any  other  portion  of  the 
Territory. 

There  is  another  principle  which  I  think  the 
Chair  will  readily  recognize,  and  that  is  that 


434 


PROXIES. 


[12th  day.- 


Saturday,] 


Presidext — Warwick. 


[July  1(5. 


the  action  of  a  single  individual  should  never  i 
be  allowed  to  disfranchise  a  people.  But  what  | 
is  the  sitimtioa  here  ?  Nearly  seventeen  hun- 
dred of  my  cons^tituents  are  disfranchised,  by  | 
the  unfaithful  action  of  two  of  their  representa-  j 
tives.  while  the  counties  in  the  immediate  vi- 1 
cinity  of  the  capital  are  represented  by  the  full  ^ 
number  of  delegates  to  which  they  are  entitled.  1 
There  are  certain  good  reasons,  it  may  be,  for  j 
this  action,  or  rather  non-action,  on  the  part  of  j 
those  representatives,  owing  to  the  difficulty  of  j 
getting  here,  but  those  are  reasons  which  go  to  j 
show  why  this  resolution  should  meet  with  fa- 
vor. I  am  well  aware  that  those  delegates  have 
been  derelict  in  their  duty  in  not  coming  to  the 
Convention,  but  I  insist  that  the  action  of  one 
single  individual  should  not  be  suffered  to  dis- 
franchise a  people,  and  yet  in  my  county  six 
hundred  and  twenty  voters  are  disfranchised  by 
the  neglect  of  duty  of  one  man.  Such  a  thing 
never  was  contemplated,  certainly,  in  the 
theory  of  our  government,  and  yet  that  is  the 
situation.  Six  hundred  people  in  Lander 
Couuty  would  have  had  no  more  voice  in  this 
Convention,  at  any  rate,  than  two  hundred  and 
fifty  people  in  Ormsby  or  Washoe  County. 
This  is  not  a  legislative  body,  whose  action  if 
adopted  is  a  finality,  or  the  case  would  be  a  dif- 
ferent one.  There  is  no  single  act  which  we 
can  do  that  can  or  will  become  a  law,  until  it 
is  indorsed  by  the  people.  The  action  of  a 
legislature,  the  members  being  chosen  and  sent 
up  here  by  the  people  to  speak  their  views,  be- 
comes a  finality,  and  the  law  of  the  land.  With- 
out any  subsequent  reference  to  the  people, 
that  action  becomes  at  once  a  law,  which  the 
people  in  their  sphere  are  bound  to  obey.  But 
that  is  not  our  case.  There  is  no  finality  in  our 
action,  as  nothing  we  do  can  become  a  law  of 
itself,  until  first  submitted  to  the  people. 

The  PRESIDENT.  Then  how  are  the  gentle- 
man's constituents  disfranchised?  When  the 
Constitution  goes  before  them  will  not  they 
have  a  voice  in  its  adoption,  or  rejection,  just 
as  much  as  the  people  of  any  other  portion  of 
the  Territory  ? 

Mr.  WARWICK.  But  in  their  primary  ac- 
tion they  are  disfranchised.  You  might  say 
the  same  in  regard  to  a  political  convention. 
You  have  a  precedent  for  the  action  I  propose 
in  every  State,  I  think,  and  certainly  you  have 
in  California.  I  maintain  that  it  is  the  usual 
custom,  or  if  not  usual  that  it  is  certainly  very 
frequent,  to  allow  proxies  in  conventions. 

The  PRESIDENT.  Did  the  gentleman  ever 
know  of  an  instance  where  a  body  assembled  un- 
der a  law  of  Congress,  or  a  law  of  a  Legislature, 
permitted  votes  to  be  cast  by  proxies?  I  think 
there  is  no  such  precedent. 

Mr.  WARWICK,  But  there  is  not  in  the  his- 
tory of  the  United  States,  from  the  fourth  day 
of  July,  1776,  to  the  sixteenth  day  of  July, 
18(i4,  a  solitary  precedent,  nor  in  the  wide 
world  either,  of  a  case  where  a  charter  was 
offered  to  a  people  under  circumstances  like 
those  under  which  a  charter  is  at  the  present 


time  offered  to  the  people  of  the  Territory  of 
Nevada.  What  has  been  the  general  rule,  I 
might  say  the  sole  rule,  in  the  formation  and 
admission  of  States  into  the  Union  under  the 
government  of  the  United  States  ?  When  the 
people  have  found  themselves  in  a  situation  to 
form  and  carry  on  a  State  government  they 
have  come  together  of  their  own  motion  in  con- 
vention, formed  their  State  Constitution,  and 
sent  it  up  as  a  petition  to  Congress.  There  the 
petition  was  heard,  and,  other  things  being 
equal,  a  proper  number  of  representatives  were 
admitted  as  the  representation  of  the  new  State 
in  Congress.  But  our  situation  is  wholly  dif- 
ferent ;  we  have  no  parallel  in  history  to  the 
present  offering  of  a  charter  to  us. 

And  why  is  it  offered  ?  The  circumstances 
which  environ  our  country  at  the  present  time 
are  far  ditterent  from  any  which  have  ever  sur- 
rounded it  before,  and  from  any,  I  trust  in  God, 
which  may  ever  surround  it  again.  There  is  a 
gigantic  evil  to  be  removed,  and  it  has  been 
found,  I  apprehend,  that  the  strength  of  the 
government  is  not  8ufti;;ient  for  the  measure, 
and  hence  Nevada  has  been  appealed  to,  to  as- 
sist the  government.  And  it  is  for  that  reason, 
notwithstanding  the  fact  that  a  State  Constitu- 
tion has  just  been  repudiated  by  us,  because  it 
contained  a  provision  obnoxious  to  the  whole 
people,  that  still  the  government  comes  for- 
ward and  renews  the  offer  of  a  State  charter. 
Now  as  we  are  assembled  under  circumstances 
in  every  respect  different  from  any  similar  body 
that  ever  convened  before,  under  circumstances 
without  any  parallel  in  hist(iry,  I  contend  that 
it  is  competent  for  this  body  to  grant  the  privi- 
lege I  ask,  if  it  sees  fit  to  do  so. 

There  are,  I  admit,  certain  points  in  which 
we  resemble  a  Legislature,  and  there  are  cer- 
tain points,  too,  in  which  we  resemble  a  com- 
mon State  Convention.  If  we  were  solely  a 
Legislature  our  action  would  be  a  finality,  and 
if  we  were  solely  a  State  Convention  we  would 
not  have  the  sanction  of  the  General  Govern- 
ment. Therefore,  partaking  of  the  character  of 
both,  we  partake  of  the  privileges  of  both,  and 
as  custom  makes  law,  I  maintain  that  the  incor- 
poration of  this  provision  in  our  proceedings 
would  not  vitiate  the  action  of  the  Conven- 
tion. The  fact  must  be  apparent  that  it  never 
was  contemplated  in  the  history  of  any  repub- 
lican government  that  the  votes  of  two  hundred 
and  twenty  people  in  one  portion  of  the  terri- 
tory of  that  government,  sboukl  be  just  equiv- 
alent to  the  votes  of  two  thousand  people  in 
another  portion.  Equal  representation  is  the 
theory  of  our  government,  and  I  insist  that  the 
action  of  any  one  membLjr,  or  two  mem- 
bers, should  not  be  allowed  to  disfranchise 
thirteen  hundred  people  in  the  couuty  of  Lan- 
der. 

The  PRESIDENT.  Does  the  gentleman  as- 
sume that  in  Washoe  county  there  are  only  two 
hundred  and  twenty  voters? 

Mr.  WARWICK.  No,  sir,  I  refer  to  the  whole 
number. 


12tli  day.] 


PROXIES. 


435 


Saturday.] 


President— Wakwick — Tagliabue — DeLong. 


[July  16. 


The  PRESIDENT.  How  many  votes  were 
polled  in  Lander  County. 

Mr.  WARWICK.  About  two  thousand  at  the 
election  before  the  last. 

The  PRESIDENT.  Does  the  gentleman  know 
how  many  votes  were  cast  there  at  the  last 
election  ? 

Mr.  WARWICK.  I  do  not  know  exactly, 
but  there  was  no  struggle  there,  for  the  simple 
reason  that  the  Democratic  party  made  no 
nominations.  It  was  understood  that  they 
would  not  contest  the  election,  and  at  my  own 
precinct  at  least  there  was  not  a  single  vote 
cast,  as  a  Democratic  vote,  in  the  entire  pre- 
cinct. The  vote  in  Lander  County  was  entirely 
a  Union  vote,  as  far  as  my  knowledge  goes,  and 
if  I  am  wrong  I  will  thank  any  gentleman  to 
correct  me. 

Mr.  TAGLIABUE.  I  will  correct  the  gen- 
tleman on  one  point  ;  there  were  two  thousand 
seven  hundred  votes  cast  in  Lander  County  on 
the  previous  Constitution. 

Mr.  WARWICK.  I  accept  the  correction. 
There  were  two  thousand  seven  hundred  votes 
instead  of  two  thousand.  I  wanted  to  keep 
within  the  bounds  of  the  exact  truth.  I  went 
to  the  Secretary's  office  this  morning  to  get  the 
exact  figures,  but  the  desk  was  locked,  aud  I 
could  not  obtain  them.  That  makes  the  justice 
of  this  proposition  all  the  more  apparent.  At 
that  time,  however,  Nye  County  was  a  part  of 
Lander,  and  since  that  time  it  has  been  segre- 
gated ;  but  even  deducting  the  vote  of  Nye 
County  it  still  leaves  us  over  two  thousand 
voters.  The  vote  at  the  last  election  would  be 
no  basis  whatever,  because,  as  I  have  already 
stated,  there  were  no  Democratic  nominations. 
The  Democratic  leaders  publicly  announced 
that  they  should  not  enter  into  the  contest,  aud 
in  the  township  I  represent,  where  seven  hun- 
dred votes  were  cast  at  the  previous  election, 
probably  not  more  than  one  hundred  aud  fifty 
votes  were  cast  for  delegates  to  this  Conven- 
tion. The  people  were  entirely  apathetic  about 
the  matter,  and  did  not  turn  out  to  the  polls, 
because  the  voting  was  all  one  way.  liut  in 
the  struggle  on  the  former  Constitution,  sub- 
mitted last  fall,  where  both  parties  were  in  the 
field,  there  was  a  full  vote,  aud  I  take  that  to 
be  a  fair  basis  of  representation.  Now  I  ask 
the  question,  is  it  fair  that  two  hundred  and 
tweuty,  or  two  hundred  and  twenty-five  men, 
should  have  the  same  representation  here  that 
two  thousand  men  in  Lauder  havja  ?  And  I  ask 
whether  the  derelict  action  of  one  or  two  men 
should  be  allowed  to  disfranchise  seventeen 
hundred  people.  Whether  the  resolution  be 
adopted  or  not,  I  have  felt  it  my  duty  to  submit 
the  matter  to  the  Convention,  and  shall  bow  to 
its  decision,  whatever  that  may  be. 

Mr.  DeLONG.  I  should  like  very  much,  if  I 
could  consistently  with  my  duty  to  the  Conven- 
tion, acting  under  oath,  to  support  this  propo- 
sition, in  the  case  of  the  gentleman  from  Lander. 
I  am  in  full  sympathy  with  him  on  almost  every 
question  which  has  divided  the  Convention,  and 


I  have  found  him  an  earnest,  decidedly  able, 
and  in  my  humble  opinion  a  very  correct  rep- 
resentative of  those  whom  he  has  undertaken  to 
represent.  I  would  be  very  much  pleased,  there- 
fore, were  it  in  our  power,  to  authorize  him  to 
represent  all  his  constituents  instead  of  a  part, 
or  rather  instead  of  in  part  representing  them, 
by  casting  only  one  vote.  But  I  must  disagree 
with  him  in  the  views  which  he  has  presented. 
I  must  regard  this  Convention  in  all  respects  as 
bounded  and  governed  by  the  same  rules  of  ac- 
tion as  those  which  bind  and  govern  a  Legisla- 
ture. We  are  a  Legislative  body,  called  together 
for  a  higher  purpose  than  any  mere  State  or 
Territorial  Legislature,  namely,  to  form  a  State 
Constitution  ;  and  the  Enabling  Act  by  which 
we  are  convened,  prescribes  what  and  who  shall 
constitute  the  Convention.  That  Enabling  Act 
does  not  provide  that  any  one  member  shall 
have  or  exercise  greater  powers  than  any  other 
member,  and  it  would  be  a  usurpation  of  pow- 
er, in  my  opinion,  to  allow  any  man  in  the 
Convention  the  privilege  of  casting  more  than 
one  vote.  I  say  I  wish,  under  the  circumstances, 
it  were  otherwise,  because  I  have  been  in  every- 
thing which  has  been  presented  to  the  Conven- 
tion a  cooperator  with  the  gentleman  from  Lan- 
der. We  have  worked  together  in  almost  every- 
thing, and  if  we  could  confer  this  privilege  upon 
any  man  in  the  Convention,  so  far  as  I  am  con- 
cerned, I  think  I  should  prefer  to  give  it  to  him. 
But  believing  that  it  is  not  supported  by  law 
and  authority,  I  must  oppose  his  proposition, 
aud  say  that  the  ruling  of  the  Chair  is  correct, 
and  I  think  that  such  must  be  the  voice  of  a  ma- 
jority of  the  Convention.  Believing  that  to  be 
the  case,  I  will  suggest  to  the  genileman  from 
Lander  that  perhaps  it  would  be  better  for  him 
to  withdraw  the  proposition. 

The  PRESIDENT.  I  will  state  briefly  the 
grounds  of  the  ruling  I  have  made.  As  the 
gentleman  from  Storey  (Mr.  DeLong)  has  very 
correctly  remarked,  this  body  cannot  be  other- 
wise than  vested  with  all  the  powers  and  au- 
thority of  a  Legislative  body,  at  least  so  far 
as  those  powers  are  defined  by  the  Enabling 
Act.  The  Congress  of  the  United  States,  acting 
under  the  authoi'ity  of  the  Federal  Constitution 
which  we  have  adopted,  possesses  the  power 
aud  authority  of  prescribing  the  qualifications 
of  voters,  and  the  terms  and  conditions  upon 
which  they  shall  assemble  and  elect  delegates 
to  frame  a  Constitution.  It  has  prescribed  what 
shall  be  the  qualifications  of  individual  voters, 
and  has  provided  further,  that  when  we  assem- 
ble we  shall  take  a  certain  oath  of  office,  and 
shall  proceed  to  declare  the  Constitution  of  the 
United  States  to  be  the  supreme  law  of  the  land. 
And  then  the  Enabling  Act  goes  further,  and 
says  that  the  persons  who  have  thus  assembled 
as  representatives  of  the  people,  shall  proceed 
to  do  certain  things.  Having  complied,  to  all 
intents  and  purposes,  with  the  requirements  of 
that  act,  this  body  is  invested  with  full  legisla- 
tive power  and  authority  ;  and  it  would  be,  in 
my  judgment,  an  absurdity  in  the  extreme  to 


436 


TAXATION. 


[12th  day. 


Saturday,] 


Parker — B.oiKs — President — Kennedy — Brosnan — DeLong. 


[July  l(j. 


suggest  that  a  man  in  Lander  County,  or  it  may 
be  in  Utah  Territory,  or  in  the  State  of  Califor- 
nia, without  having"i)i'<?*'-'"'^*3d  himself  here  as  a 
delegate,  and  without  having  taken  that  oath  of 
office,  shall  be  allowed  to  vote  in  this  Conven- 
tion. A  precedent  cannot  be  found  for  such 
procedure.  It  may  be,  as  the  gentleman  from 
Lander  supposes,  that  there  is  no  precedent  for 
the  manner  in  which  this  Constitution  is  to  be 
framed,  but  that  matters  not ;  certainly  no  pre- 
cedent can  be  found  for  the  action  he  proposes, 
but  on  the  contrary,  in  my  judgment,  the  En- 
aliliug  Act  is  absolutely  inhibitory  of  any  such 
action.  These  are  the  reasons  which  govern  the 
Chair  in  ruling  out  of  order  the  proposition 
which  the  gentleman  from  Lander  has  presented, 
and  the  question  now  is  :  Shall  the  decision 
of  the  Chair  stand  as  the  judgment  of  the  Con- 
vention ? 

The  question  was  taken,  and  decided  in  the 
affirmative.  So  the  decision  of  the  Chair  was 
sustained. 

ADJOURNMENT  OVER. 

Mr.  PARKER  moved  that  the  hour  of  ad- 
journment to-day  be  twelve  o'clock,  noon,  and 
that  the  Convention  then  adjourn  to  meet  at 
two  o'clock,  P.  M.  on  Monday. 

The  question  was  taken,  and,  upon  a  divis- 
ion, the  motion  was  agreed  to — ayes,  20  ;  noes, 
not  counted. 

TAXATION. 

The  Convention  resumed  the  consideration 
of  Article  X,  entitled  Taxation,  the  immediate 
question  being  upon  the  amendment  offered 
yesterday  by  Mr.  Banks,  to  add  to  the  section, 
as  previously  amended,  the  following  words  : 

"Provided,  That  uo  tax  sliall  hi' imi)iis(Hl  upon  any 
mining  claim  or  i^osscssory  ri^lit  tlicrcto,  wbicli.  dur- 
ing the  year  immediately  preceding'  tlie  assessment,  has 
produced  an  amount  of  ore,  the  value  of  which  is  less 
than  one  thousand  dollars." 

Mr.  BANKS.  It  will  be  remembered,  Mr. 
President,  that  that  amendment  was  offered  in  a 
spirit  of  compromise.  I  now  find  that  a  num- 
ber of  gentlemen  with  whom  I  have  had  occa- 
sion heretofore  to  differ  on  this  question  are 
quite  disposed  to  meet  their  fellow-members  in 
a  spirit  of  compromise,  but  upon  a  proposition 
somewhat  different.  In  order  to  enable  them 
to  do  so,  I  will  ask  leave  to  withdraw  this 
amendment,  but  before  that,  I  would  inquire 
whether  it  will  be  in  order,  if  this  be  with- 
drawn, to  offer  a  substitute  for  the  whole  sec- 
tion ? 

The  PRESIDENT.  Not  as  a  substitute,  but 
an  amendment  would  be  in  order. 

Mr.  BANKS.  Very  well,  then  I  will  with- 
draw that  amendment. 

The  PRESIDENT.  If  there  is  no  objection 
the  gentleman  from  Humboldt  will  have  per- 
mission to  withdraw  the  amemlment. 

No  olijection  was  made,  and  the  amendment 
was  therefore  withdrawn. 

Mr.  KLNNEDY.  I  move  to  amend  the  sec- 
tion by  substituting  the  following,  which  I  will 
ask  the  Secretary  to  read. 


The  Secretary  read  as  follows  : — 

Section  1.  The  Legislature  shall  provide  by  law  for 
a  unifiirni  and  equal  rate  of  assessment  and  taxation, 
and  shall  i>ri'Si-ribe  such  regulations  as  shall  secure  a 
just  valuation  for  taxation  of  all  property,  real,  per- 
sonal, and  possessory,  excepting  mines  and  mining 
claims,  the  proceeds  alone  of  which  shall  be  subject  to 
taxation,  and  also  excepting  such  property  as  maj'  be 
exemjited  by  law  for  municipal,  educational,  literary, 
scientific,  rehgious  or  charitable  puriioses. 

Mr.  KENNEDY.  After  the  heated  discussion 
which  we  had  last  evening  upon  this  question, 
there  seemed  to  be  such  a  conflict  almost 
in  the  views  of  members  as  to  render  it  im- 
possible to  come  to  any  conclusion  in  regard 
to  this  matter,  but  during  the  hours  of  last  night 
and  this  morning  I  have  conversed  with  a  num- 
ber of  gentlemen  in  regard  to  it,  and  this 
amendment  seems  to  meet  their  views.  Although 
it  differs  somewhat  from  my  own  views,  yet  in  a 
spirit  of  compromise,  in  order  that  we  may 
agree  upon  something.  I,  for  one,  am  willing  to 
vote  for  this  amendment,  and  I  think  that  its 
practical  result  will  be  the  same  as  any  of  those 
amendments  which  were  offered  by  gentlemen 
who  wished  to  include  the  taxation  of  the  mines  ; 
and  as  the  people  are  interested  in  the  practical, 
not  the  mere  theorectical  question,  I  think  that 
this  amendment  ought  to  satisfy  them. 

Mr.  BROSNAN.  For  the  reasons  assigned  by 
my  worthy  friend  from  Lyon,  who  has  just 
taken  his  seat,  and  after  consultation  with  mem- 
bers generally,  from  the  time  of  the  adjourn- 
ment last  night  until  the  meeting  this  morning, 
I  have  also  determined,  for  the  sake  of  unity 
and  harmony  in  the  Convention,  to  support  this 
amendment. 

The  PRESIDENT.  The  Chair  thinks  the 
members  of  the  Convention  have  hardly  con- 
sidered this  fact :  It  appears  to  the  Chair  that 
the  amendment  offered  by  the  gentleman  from 
Storey  (Mr.  Chapin)  last  evening  is  not  only 
substantially,  but  in  words,  the  same  as  the 
one  now  offered. 

Mr.  DeLONG.  But  that  amendment  was  not 
voted  on,  and  my  colleague  complained  of  that 
fact.  It  was  not  voted  upon  because  the  amend- 
ment of  the  gentleman  from  Humboldt  (Mr. 
Banks)  somehow  got  in  ahead  of  it. 

The  PR1':S11)ENT  read  from  the  Secretary's 
minutes  of  yesterday's  proceedings  the  amend- 
ment offered  by  Mr.  Chapin,  as  follows  : 

Section  1.  The  Legislature  shall  provide  by  law  for 
a  uniform  and  equal  rate  of  assessment  and  taxation, 
and  shall  prescribe  such  regulations  as  shall  secure  a 
just  valuation  for  taxation  of  all  proi^erty,  both  real, 
personal  and  possessory,  according  to  its  true  value  in 
monoj',  excepting  such  i^roperty  as  may  be  exempted 
by  law  for  municipal,  educational,  literary,  scientific, 
religious  or  charitable  purposes  ;  provided,  that  in  the 
taxation  of  mines  the  proceeds  only  shall  be  taxed. 

Mr.  DeLONG.  Does  the  Chair  decide  that 
that  is  the  same  as  the  present  amendment? 

The  PRESIDENT.  It  is  not  only  substan- 
tially the  same,  but  identical.  The  only  differ- 
ence is,  that  the  language  is  transposed.  And 
that  amendment  was  lost  by  a  vote  of — yeas,  4  ; 
nays,  29.  The  Chair  therefore  rules  this  amend- 
ment out  of  order. 


12th  day.] 


TAXATION. 


437 


Saturday,] 


DeLong— President — Nourse — Fitch — Brosnan. 


[July  16. 


Mr.  DeLONG.  The  Chair  will  observe,  in 
the  first  place,  that  the  proposition  of  my  col- 
league yesterday,  I  believe,  was  offered  in  Com- 
mittee of  the  Whole. 

The  PRESIDENT.  No,  sir  ;  we  were  not  in 
Committee  of  the  Whole  yesterday  at  all. 

Mr.  DeLONG  appealed  from  the  decision  of 
the  Chair,  and  a  long  discussion  followed  upon 
the  question  of  order  involved. 

The  question — shall  the  decision  of  the  Chair 
stand  as  the  judgment  of  the  Convention? — was 
taken  by  yeas  and  nays,  and  the  vote  was — 
yeas,  10  ;  nays,  22 — as  follows  : 

Yeas — Messrs.  Belden,  Brady,  Crawford,  Folsom, 
Gibson,  Hawley,  Kinkead,  Lockwood,  Nourse,  and 
Sturtevant — 10. 

Nays — Messrs.  Ball,  Banks,  Bro.snan,  Chapin,  Col- 
lins, Crosman,  DeLong,  Dunne,  Earl,  Fitch,  Hovey, 
Hudson,  Kennedy,  Mason,  McClinton,  Murdock,  Par- 
ker, Proctor,  Tagliabue,  Tozer,  Warwick,  and  Wether- 
iU— 22. 

So  the  decision  of  the  Chair  was  not  sus- 
tained. 

The  question  was  stated  on  Mr.  Kennedy's 
amendment. 

Mr.  NOURSE.  I  off'er  an  amendment  to  the 
amendment. 

Mr.  DeLONG.  I  believe  the  section  stood 
amended  by  the  gentleman  from  Washoe,  (Mr. 
Nourse  ;)  is  not  this  therefore  an  amendment  to 
an  amendment  ? 

The  PRESIDENT.  The  amendment  of  the 
gentleman  from  Washoe  had  been  a(loj)ted. 

Mr.  DeLONG.  Did  not  the  Chair  entertain 
the  amendment  of  the  gentleman  from  Hum- 
boldt (Mr.  Banks)  as  an  amendment  to  an  amend- 
ment. 

The  PRESIDENT.  There  was  but  one  mat- 
ter pending,  before  the  gentleman  from  Washoe 
offered  this  last  amendment,  and  as  an  amend- 
ment to  the  amendment  it  is  in  order. 

Mr.  DeLONG.  All  right ;  then  let  us  come 
to  a  vote  upon  it. 

The  SECRETARY  read  Mr.  Nourse's  amend- 
ment, as  follows  : 

"  Insert  after  the  words  '  mining  claims, '  the  words 
'  farms  and  farming  property,  mills  and  milling  prop- 
erty.' " 

Mr.  NOURSE.  I  wish  to  state  my  reason  for 
offering  that  amendment.  It  is  in  order  that  we 
may  preserve  some  uniformity  of  rule  iu  regard 
to  taxation.  If  I  had  had  time  I  would  have 
lengthened  out  the  list,  and  endeavored  to  in- 
clude everything  in  it.  It  is  in  order  that  the 
rule  adopted,  (which  is  the  rule  I  believe  all 
over  this  country — that  taxation  shall  be  equal 
and  uniform,)  may  be  such  that  no  one  interest 
shall  be  exempted  from  the  burden  of  support- 
iug  the  Government,  unless  all  others  are  ex- 
empted. If  it  is  right  that  mines  and  mining 
property  shall  be  exempted,  or  only  taxed  upon 
their  i)roceeds,  it  is  certainly  right  that  the 
mills  should  only  be  taxed  in  the  same  manner, 
and  I  will  leave  out  the  question  as  to  farms 
for  the  present.  Gentlemen  say  that  the  mills 
would  be  good  for  nothing  without  the  mines  ; 
now  I  ask  would  the  mines  be  good  for  any- 


thing without  the  mills  ?  What  is  your  ore  good 
for,  unless  you  have  the  means  of  reducing  it? 

Mr.  FITCH.  I  think  it  would  be  a  good  plan 
to  tax  the  proceeds  of  the  mills  ;  it  would  cer- 
tainly yield  a  larger  amount  of  revenue. 

Mr.  NOURSE.  Very  well  ;  I  am  glad  I  have 
made  a  convert.  I  hope  other  gentlemen  will 
be  as  candid,  and  if  they  are  already  convinced, 
by  the  reading  of  the  amendment,  and  the  mere 
statement  of  one  reason  for  its  adoption — if  they 
find  themselves  immediately  convinced  in  their 
own  minds  that  it  is  right— I  hope  they  will  dis- 
regard any  caucus  dictation,  and  vote  for  this 
amendment. 

Mr.  DeLONG.  What  does  the  gentleman 
mean  by  "  caucus  dictation  ? "  There  has  been 
no  dictation  here,  and  no  attempt  at  dictation 
to  any  man  on  this  floor. 

The  PRESIDENT.  It  is  not  in  order  for  the 
gentlemen  to  reflect  upon  the  action  of  mem- 
bers. The  gentleman  must  confine  himself  to 
the  amendment. 

Mr.  NOURSE.  When  I  use  the  word  "  cau- 
cus "  I  mean  nothing  offensive  by  it.  I  have 
caucussed,  as  I  suppose  other  gentlemen  have, 
thousands  of  times,  and  I  use  the  word  in  no 
offensive  sense.  I  only  mean  to  say  there  is  a 
difference  of  views  this  morning  from  what 
there  was  yesterday.  Perhaps  "  thousands  of 
times  ■'  is  a  little  too  large  a  term,  and  I  will 
take  that  back  and  say  I  have  caucussed  with 
gentlemen,  to  see  if  their  views  corresponded 
with  my  own,  or  if  we  could  make  them  cor- 
respond, and  I  supposed  it  was  a  usual  thing  ; 
but  if  gentlemen  are  sensitive  about  the  term  I 
will  not  use  it. 

Mr.  DeLONG.  I  was  not  objecting  to  the 
term  "  caucus  ;"  it  was  the  word  "  dictation  " 
to  which  I  objected.  I  say  there  has  been  no 
dictation  whatever. 

Mr.  NOURSE.  Very  well  ;  I  will  say  "  cau- 
cus agreement." 

Mr.  BROSNAN.  I  deny  that  I  have  been  in 
any  caucus,  and  any  intimation  of  that  kind,  so 
far  as  I  am  concerned,  is  totally  false  and  un- 
founded. 

Mr.  NOURSE.  I  have  not  referred  to  the 
gentleman  at  all. 

Mr.  BROSNAN.  The  gentleman  from  Washoe 
referred  to  me  in  this  light — in  saying  that  mem- 
bers had  changed  their  views  by  reason  of  cau- 
cus dictation.  Now  I  say  that  so  far  as  that 
applies  to  me  it  is  absolutely  false  and  unfound- 
ed, because  I  say  I  have  not  been  in  any  caucus, 
and  my  judgment  is  influenced  only  by  the 
dictation  of  mv  own  conscience. 

Mr.  NOURSE.  Mr.  President,  I  have  not  al- 
luded to  the  venerable  gentleman  from  Storey 
in  any  way  or  manner,  and  I  have  had  no  means 
of  knowledge  as  to  whether  or  not  he  has 
changed  his  position.  I  believe  the  only  vote 
he  has  given  to-day  was  on  a  simple  question  of 
parliamentary  law.  Am  I  right  ?  I  certainly 
hope  the  gentleman  does  not  think  I  would 
intimate  that  because  a  gentl<»man  votes  yea 
or  nay  on  a  question  of  parliamentary  law,  that 


438 


TAXATION. 


[12th  day. 


Saturday,] 


Bkosnan — NOCRSE. 


[July  16. 


is  any  indication  as  to  his  sentiments  upon  the 
main  (luestion  before  the  Convention.  I  have 
not  alluded  to  him  in  any  way  or  manner,  and 
I  trust  that  the  gentleman  will  withdraw  the 
offensive  expression  he  used  when  he  learns 
that  I  did  not  have  him  in  my  mind,  and  did  not 
allude  to  him  in  the  slightest  degree. 

Mr.  BROSNAN.  I  will  say  in  reply  to  the 
gentleman,  that  my  action  here  to-day  was  some- 
what different  from  what  it  was  yesterday.  I 
voted  yesterday  for  the  gentleman's  propo- 
sition, with  the  view  of  having  the  subject 
reconciled.  I  saw  that  a  great  commotion  was 
about  to  take  place,  one  which  I  should  de- 
plore, because  I  thought  it  would  not  be  con- 
ducive to  the  honor  and  the  future  reputation 
of  the  Convention.  I  wished  the  subject  deter- 
mined here  to-day  in  a  manner  to  give  entire 
satisfaction  to  the  meml>ers  of  this  body,  and  I 
had  expressed  myself  in  favor  of  the  propo- 
sition of  the  gentleman  from  Lyon,  immediately 
after  the  adjournment.  It  seems  now  that  there 
was  a  meeting  of  gentlemen,  after  the  ad- 
journment last  evening,  who  agreed  upon  a 
proposition  to  be  submitted  to  the  Convention 
which  they  thought  would  be  satisfactory.  I 
did  not  have  part  or  parcel  in  that  caucus  ;  I 
was  not  there  at  all.  And  when  the  gentleman 
used  the  terms  he  did  this  morning,  my  vote 
having  been  slightly  different  from  what  it  was 
yesterday,  upon  the  question  as  then  presented 
to  the  Convention,  his  remarks,  as  I  supposed, 
necessarily  involved  my  action,  and  I  could 
not  sit  here  patiently  under  the  imputation 
which  I  thought  was  cast  upon  me.  If  the  gen- 
tleman has  no  reference  to  me,  and  I  believe 
that  he  has  not,  since  he  disavows  it,  I  am  sorry 
I  used  the  words  I  did  use,  and,  therefore,  I 
cheeerfuUy  withdraw  ihose  remarks.  I  have 
deemed  this  explanation  due  to  the  other  mem- 
bers, who  stand  with  me  in  the  Convention  on 
this  question. 

Mr.  NOURSE.  I  am  obliged  to  the  gentle- 
man. I  feel,  however,  that  I  am  very  unfor- 
tunate, in  some  way  or  other,  and  I  confess 
that  I  am  not  in  a  frame  of  mind  to  say  what  I 
would  like  to  say,  and  will  therefore  defer  it. 
I  do  not  know  why  it  is,  but  it  seems  that  I  can- 
not speak  here  without  some  gentleman  sup- 
posing that  I  intend  some  imputation.  I  wish 
gentlemen  to  understand  that  I  do  not  ever  in- 
tend to  cast  any  personal  imputation  upon  any 
gentleman  on  this  tloor.  Will  gentlemen  under- 
stand that  once  for  all,  when  I  assure  them  of 
the  fact?  I  do  not  like  to  be  dragged  before  the 
])ul)lic  in  this  way. 

Now  I  wish  to  say  in  regard  to  this  amend- 
mi-nt.  that  if  there  be  any  justice  in  exempting 
the  mining  interest,  there  is  the  same;  justice  in 
exempting  the  milling  interest ;  and  if  there  is 
any  justice  in  e.xempting  the  milling  interest, 
there  is  the  same  justice  in  exempting  the  farm- 
ing interest.  The  proposition  as  now  adopted, 
ftr.st  provides  that  the  property  of  the  State 
shiill  Ije  assessed  and  taxed  at  a  uniform  and 
e(iual  rate.    It  then  goes  on  and  adds  the  words 


"  possessions  and  posse.ssory  claims."  And 
why  ?  Because  simply  that  it  has  been  openly 
declared  here,  that  there  are  certain  rights  which 
it  is  admitted  men  hold,  and  for  which  other 
men  are  willing  to  pay  money,  that  are  not  in- 
cluded by  the  term  '•  property."  The  gentle- 
man from  Storey  (Mr.  DeLong)  remarked,  not 
on  the  floor,  but  in  conversation,  in  regard  to 
the  Whitman  claim  in  Como,  I  recollect,  that  a 
gentleman  had  paid  a  hundred  dollars  a  foot  for 
it,  and  yet  the  gentleman  from  Storey  insists 
here  that  it  is  not  property  according  to  his 
definition  of  property.  He  has  given  us  elab- 
orately his  definition  of  property,  and  it  is  evi- 
dent that  it  is  his  opinion  as  a  lawyer — and  he 
is  a  lawyer  of  great  reputation — that  these  min- 
ing claims  will  not  and  cannot  be  taxed  unless 
we  provide  for  the  taxation  of  ijossessions  and 
possessory  rights.  Then  if  mining  claims  are 
not  liable  to  be  taxed,  under  that  clause,  I  in- 
sist, and  I  do  not  think  any  genthsraan  will  pre- 
tend to  the  contrary,  that  it  mast  follow  that 
possessory  surface  claims  cannot  be  taxed 
either,  because  if  in  the  case  of  the  mines  they 
are  the  property  of  the  United  States,  and  the 
property  of  the  United  States  cannot  be  taxed, 
then  the  fact  certainly  is  the  same  with  regard 
to  all  other  possessory  claims  upon  the  lands  of 
the  United  States.  If  therefore  we  merely  pro- 
vide for  the  taxation  of '•  property  "  we  shall 
have  but  a  very  small  basis  for  taxation  in  the 
State.  If  this  be  so,  if  as  able  a  lawyer  as  the 
gentleman  from  Storey  is  of  opinion  that  the 
word  '•  property  "  does  not  include  that  which 
we  call  "  feet " — that  it  does  not  include  our 
mining  claims,  and  so  on,  and  therefore  they 
cannot  be  taxed  under  such  a  provision — then, 
I  repeat,  that  under  the  same  provision  surface 
rights  cannot  be  taxed,  except  where  the  fee 
has  passed,  as  it  has  in  the  case  of  a  few  ranches 
up  and  down  our  valleys  here,  from  the  United 
States  to  the  occupants.  I  say  that  leaves,  as 
the  only  taxable  property  in  the  State,  what 
little  land  there  may  be — very  jirobably  not 
more  than  three  or  four  millions  worth  in  all — of 
which  the  fee  has  passed  from  the  Government 
to  the  individual  holders.  Therefore  it  is  that 
the  words  "  possessions  and  possessory  rights  " 
have  been  incorporated  ;  and  that  phrase  covers, 
as  the  gentleman  from  Storey  (Mr.  DeLong)  ad- 
mits, all  these  rights  of  possession  which  the 
State  courts  recognize  as  existing  iu  the  indi- 
vidual— rights  to^  the  possession  of  property  of 
which  the  fee  is  owned  by  the  Government. 
Do  we  not  want  to  cover  that  ?  Do  we  not  want 
at  least  to  cover  the  surface  claims  ?  Of  four- 
teen millions  of  doUai-s — I  think  that  is  the 
figure — of  real  estate  in  Virginia,  as  now  as- 
sessed under  the  Territorial  law,  not  a  dollar  of 
it  all  is  owned  in  fee.  The  "  property  •'  is  in 
the  United  States,  and  all  that  the  owners  have 
is  the  mere  right  to  the  possession.  That  right 
is  recognized  in  the  courts  as  between  man  and 
man.  It  is  regarded  as  presumptive  evidence  of 
a  grant  from  the  United  States.  Now  we  all 
want  to  include  that  property.     All  thegentle- 


12th  day.] 


TAXATION. 


489 


Saturday,] 


Earl — Noursk — Fitch. 


[July  16. 


men  here  who  are  so  earnest  against  taxing  the 
mines  still  go  in  for  taxing  that  property.  But 
I  contend  that  those  words  ••  possessions  and 
possessory  rights  "  cover  that  property,  and  it 
does  no  more,  if  we  accept  the  definition  of  the 
gentleman  from  Storey,  and  other  gentlemen 
here,  of  the  law  ;  l)ut  it  leav'es  the  question  be- 
yond a  doubt  that  that  property  must  be  taxed. 
Now  then  if  it  is  right  to  tax  these  possessory 
rights  to  surface  property,  why  is  it  not  equally 
right  to  tax  possessory  rights  to  mining  prop- 
erty ? 

What  are  these  mining  rights  ?    Gentlemen 
have  talked  and  talked  about  a  tunnel,  in  which 
has   been  sunk  so  many  thousands  of  dollars, 
and  from  which  its  owners  have  not  yet  obtained 
any  ore,  and  it  is  uncertain  whether  they  will 
ever  get  any,  and  therefore  they  say  we  ought 
not  to  tax  that  tunnel,  and  all  that  sort  of  thing. 
That  may  all  be  true,  but  such  a  tunnel  as  that 
could  not  be  taxed,  under  the  wording  of  the 
amendment,  as  property.     But  what  the   pros- 
pector has  by  virtue  of  his  possession,  and  which 
the  Government  has  not.  is  the  mere  right  of 
possession  to  the  tunnel.     If  I  understand  it — 
and  I  have  not  been  here  as  long  as  some  other 
gentlemen,  and  have  had  nothing  to  do  with 
mining — before  the  prospector  goes  on  to  run 
his  tunnel,  or  to  do  other  work,  he  stakes  off  his 
claim,  and  by  the  laws  of  the  mining  neighbor- 
h(K)d  or  district  in  which  it  is  situated  he  is  al-  i 
lowed  a  monopoly  of  that  ledge  thus  staked  off, ' 
while  he  is  prospecting  and  working  it.     If  he 
keeps  up  the  amount  of  work  upon  it  required  j 
by  those  laws  or  regulations  adopted  by  the  j 
miners   of  his   district,  he  has  a  monopoly  of 
that  ledge.     Is  not  that  so  ?  Now  that  monopoly  ' 
is  what  is  taxed  under  those  words  '•  possessory 
rights  and  claims."     It  is  not  his  tunnel.     He  I 
may  sink  fifty  or  a  hundred  thousand  dollars  in  i 
his  tunnel,  if  he  pleases,  and  not  be  taxed  a  dol- 
lar upon  it.  But  here  is  a  right  which  our  courts  | 
protect  him  in  the  enjoyment  of — the  right  to  j 
the   monopoly  of  that  ledge.     He  thinks  that 
right  is  valuable,  or  if  he  did  not  he  would  not 
touch  it,  of  course.    Now   if  the  right   to  that 
monoply,  and  that  protection    by  the  Govern- 
ment which   keeps  everybody  else  away,  and 
prevents  them  from  touching  that  ledge,  until 
he  shall  have  concluded  to  abandon  it,  is  worth 
five  dollars,  or  worth  ten  dollars,  or  worth  a 
thousand,  or  a  hundred  thousand  dollars,  and 
will  sell  in  the  market  for  cash  for  that  sum, 
ought  it  not  to  be  taxed,  like  any  other  prop- 
erty? 

And  is  it  necessary  that  there  should  be  any 
proceeds  from  that  claim  before  it  can  be  taxed? 
Suppose  that  out  in  Lander  County,  which  is 
■«o  ably  represented  here  by  the  gentleman  (Mr. 
Warwick)  who  spoke  this  morning,  a  man  has 
a  ledge  which  promises  to  be  wonderfully  rich. 
At  present  he  does  not  think  it  worth  while  to 
Work  it,  but  he  and  his  associates  may  decide 
to  hold  on  to  it.  I  do  not  know  how  many  feet 
a  man  can  hold,  but  I  believe  he  can  work  it 
around — "  whip  the  devil  around  the  stump," 


as  the  saying  is,— I  suppose  he  is  entitled  to  use 
his  friends'  names,  and  in  that  way  perhaps  he 
can  hold  a  thousand  feet.  Now,  I  "say.  suppose 
a  man  goes  on  to  this  ledge,  and  finds  it  sur- 
passingly rich,  but  just  at  present  he  does  not 
see  fit  to  develop  it.  Still  he  is  protected  in  his 
possession. 

Mr.  EARL.  Mr.  President,  the  debate  is 
taking  a  very  wide  range,  and  all  this  ground 
has  been  traveled  over  again  and  again.  I  dis- 
like very  much  to  make  a  point  of  order,  but  I 
will  suggest  to  the  gentleman  from  Washoe  that 
the  time  is  getting  very  short. 

Mr.  NOURSE.  I  will  not  take  five  minutes 
longer.  ["  Leave  !  leave !  "]  I  do  not  wish  to 
argue  the  matter  for  the  sake  of  manifesting 
any  personal  tenacity  of  purpose,  but  I  am 
simply  making  a  point  which  I  think  has 
never  been  distinctly  made  before.  ["  Leave  ! 
leave !  "] 

The  PRESIDENT.  The  gentleman  will  pro- 
ceed. 

Mr.  NOURSE.  Now  such  a  man,  we  will 
suppose,  has  a  ledge  which  he  can  sell  in  the 
market  for  a  large  sum  of  money.  People  are 
so  well  convinced  of  its  value  that  perhaps  men 
would  be  readily  found  who  would  give  him 
half  a  million  for  it,  and  he  could  sell  it  at  any 
moment  he  pleased.  Yet  he  is  comfortably  off, 
and  is  disinclined  to  sell.  He  knows  that  a  rail- 
road will  be  built  ultimately,  or  that  something 
■else  will  come  about  which  will  make  it  more 
advantageous  to  him  to  hold  on  to  his  kxlge  for 
five  years,  or  a  dozen  years,  and  therefore  he 
does  not  care  to  undertake  the  development  of 
the  mine  at  present.  I  say  is  it  not  right,  if  he 
does  not  choose  to  get  any  proceeds  which  can 
be  taxed  from  that  claim,  or,  even  without  re- 
ferring to  the  proceeds  at  all,  is  it  not  right  that 
he  should  pay  his  proportion  of  the  public  bur- 
dens, on  that  valuable  privilege,  or  that  posses- 
sory right  which  the  Government  secures  to 
him  ?  And  would  it  not  be  a  gross  inequality 
to  allow  a  man  to  hold  on  to  such  a  claim,  only 
doing  nominal  work  upon  it,  and  so  monopo- 
lizing it,  and  all  its  advantages,  without  any  tax- 
ation, because  he  does  not  choose  to  get  out 
his  millions  of  dollars  from  his  claim,  as  the 
Gould  &  Curry  does,  and  thereby  enrich  the 
State,  but  prefers  rather  to  hold  on  to  it  for 
years  ?  Is  it  not  right  that  his  privilege  and 
possessory  right,  secured  to  him  exclusively 
and  entirely,  by  the  laws  of  the  State,  should 
pay  a  tax,  just  as  other  property  does,  all  over 
the  State,  without  any  reference  to  the  pro- 
ceeds which  he  gets  or  does  not  get  ? 

Mr,  FITCH,  I  have  but  a  few  words  to  say, 
and  shall  not  occupy  tlie  time  of  the  Conven- 
tion five  minutes.  When  I  came  to  this  Con- 
vention, I  occupied,  upon  this  question  of  mining 
taxation,  something  of  an  anomalous  position. 
Being  a  representative  of  a  mining  constitu- 
ency, I  was  nevertheless  then,  as  I  am  now.  in 
favor  of  the  taxation  of  the  mines.  I  favored 
the  amendment  offered  by  my  colleague  from 
Storey  (Mr.  Tozer,)  which  proposed  to  strike 


440 


TAXATION. 


[12th  day. 


Saturday,] 


Fitch — DeLong. 


[July  16. 


out  the  words,  "  including  mines  and  mining 
property,''  and  in  so  doing  did  not  consider 
that  I  abandoned  my  position  as  a  friend  of 
mining  taxation,  because  I  believed  then,  as  I 
believe  now.  that  with  the  section  as  it  would 
then  stand,  requiring  property  of  all  kinds,  real 
and  personal,  to  be  taxed,  the  mines  must 
necessarily  be  taxed,  and  that  no  Legislature 
could  fail"  to  tax  them.  Such  was  my  under- 
standing of  that  language,  and  although  it  is 
true  that  one  or  two  gentlemen,  occupying  high 
positions  at  the  bar,  have  differed  with  me  as  to 
the  construction  of  that  language,  yet  there  are 
others  of  equally  high  staiuling  who  believe  that 
my  construction  was  correct.  The  language 
was  sufficient  to  satisfy  my  own  mind  at  least, 
and  I  did  not  think  that,  while  favoring  the 
taxation  of  the  mines,  and  yet  favoring  the 
proposition  of  my  colleague  to  strike  out  the 
words  "  including  mines  and  mining  property," 
I  was  at  all  inconsistent. 

Again,  an  amendment  was  offered  here  by 
the  gentleman  from  Washoe  (Mr.  Nourse)  to  in- 
clude in  the  section  the  words  "  possessions  and 
possessory  rights."  I  voted  for  that  amend- 
ment, because  it  was  more  satisfactory  to  the 
delegates  from  the  agricultural  counties,  the 
obnoxious  words  '•  including  mines  and  mining 
property  "  having  been  been  stricken  out,  and 
because,  in  my  judgment,  it  did  not  make  the 
question  of  mining  taxation  either  stronger  or 
weaker.  I  believe  that  the  first  amendment 
would  have  been  sufficient.  But  since  tlieu 
another  amendment  or  proposition  introduced 
by  the  gentleman  from  Lyon,  (Mr.  Kennedy), 
and  now  pending  before  us,  has  been  brought 
forward,  which  proposition  (with  some  slight 
verbal  amendments  that  I  shall  take  the  liberty 
to  suggest,)  will  receive  my  support,  and  for 
this  reason  :  I  came  here  to  aid  in  securing  the 
formation,  in  the  first  place,  of  as  good  a  funda- 
mental law  as  it  was  possible  for  this  Conven- 
tion to  construct ;  and  after  that,  so  far  as  it 
might  be  in  my  power,  to  aid  in  shaping  the 
action  of  the  Convention  in  such  a  way  as  to 
secure  the  adoption  of  that  fundamental  law, 
because  if  we  make  a  Constitution  exactly  ac- 
cording to  the  views  of  certain  gentlemen,  it 
may  prove  to  be  obnoxious  to  the  people  and 
be  therefore  voted  down,  and  so  our  labors  will 
be  destroyed. 

Now  I  conceive  the  duty  of  the  members  of  this 
Convention  to  be — first,  to  make  a  Constitution 
as  perfect  as  possible,  and  secondly,  to  make  it 
as  much  in  consonance  with  the  views  of  the 
majority  of  the  people  of  this  Territory  as 
possible,  and  then  to  try  to  secure  the  adoption 
of  that  Constitution.  Laying  this  down  as  the 
base  upon  which  to  shape  my  action,  at  least — 
not  l)eing  willing  to  abandon  any  important 
princii)l('  merely  for  expediency — I  yet  do  not 
think  1  am  justly  lialjle  to  the  charge  of  incon- 
sistency merely  because  I  am  not  afflicted  with 
that  nuilish  obstinacy  which  would  lead  me 
to  insist  on  my  individual  ideas,  and  the  par- 
ticular language   which  I  might  individually 


prefer,  being  carried  through  and  adopted, 
as  a  condition  precedent  to  my  support  of 
any  Constitution  which  we  may  frame.  I  am 
here  rather  in  a  spirit  of  compromise,  and 
a  sincere  desire  to  meet  the  wishes  of  the  ma- 
jority, so  far  as  it  is  possible.  So,  acting  in 
the  spirit  of  a  sincere  desire  to  frame  such  a 
fundamental  law  as  will  be  acceptable  to  this 
people,  I  am  responsible  to  my  God  and  to  my 
constituents  alone  for  my  action,  and  shall  per- 
mit no  man  to  impugn  my  motives  unchallenged. 
I  shall  permit  no  man,  in  a  spirit  of  captiousness, 
or  in  a  spirit  of  constitutional  scoldishness — if  I 
may  ])e  permitted  to  coin  a  word — to  load  me 
with  reproaches,  to  read  me  lectures  for  my  ac- 
tion here,  to  impute  motives  that  do  not  belong 
to  me,  or  to  denounce  me  as  inconsistent  or  re- 
creant in  my  action,  when  such  action  is  based 
upon  the  bed-rock  proposition  of  framing  a 
Constitution  which  will  be  acceptable  to  the 
people.  I  should  think  myself  possessed  of  a 
spirit  of  most  arrogant  self-conceit,  instead  of  a 
spirit  of  devotion  to  principle,  if  I  should  at- 
tempt in  that  way  to  arraign  gentlemen  for 
a  departure  from  principle,  simply  because  they 
differ  from  me.  Sometimes,  I  conceive,  gehtle- 
men  are  apt  to  mistake  their  own  individual 
opinions  for  principle.  I  start  out  here  upon 
the  basis  of  framing  a  Constitution  which  will 
be  acceptable  to  the  people,  and  in  so  doing, 
favor  my  own  views  so  far  as  possible,  while  con- 
ceding my  own  views  as  far  as  may  be,  without 
any  sacrifice  of  principle,  to  the  views  of  other 
gentlemen  ;  and  I  do  not  think  it  is  either  cour- 
teous, or  even  to  my  mind,  parliamentarily  de- 
cent, to  read  lectures  to  others  upon  their 
duties  and  responsibilities,  when  they  are  re- 
sponsible to  no  one  but  their  constituents.  I 
shall  permit  no  man  to  do  it  to  me,  sir. 

Now  in  regard  to  this  amendment  of  the  gen- 
tleman from  Lyon — it  says  that  the  Legislature 
shall  provide  for  a  uniform  and  equal  valua- 
tion for  taxation  of  all  property,  real,  personal 
and  possessory,  excepting  mines  and  mining 
claims,  the  proceeds  of  which  alone  shall  be 
subject  to  taxation.  I  may  be  in  error,  but  I 
think  a  construction  could  be  placed  on  that 
language — perhaps  a  very  nice  construction — 
which  should  say  that  all  mines  and  mining 
claims  may  be  exempted  from  taxation,  and 
the  Legislature  can  tax  the  proceeds  if  it 
please.  I  will  submit  to  the  mover  whether 
it  would  not  read  better  to  say  :  "As  shall 
secure  a  just  valuation  for  taxation  of  all 
property,  real,  personal,  and  possessory  ;  pro- 
vided, that  the  proceeds  of  mines  alone  shall 
be  subject  to  taxation." 

Mr.  DeLONG.     Why,  that  is  the  same  thing. 

Mr.  FITCH.  I  think  there  is  a  material  dif- 
ference. After  the  word  possessory,  you  say 
here,  "  excepting  mines  and  mining  claims," 
and  in  that  way  you  leave  the  door  open  to 
that  construction. 

Mr.  DeLONG.  I  suggest  that  we  change  the 
language  around,  and  let  it  read  :  "  except  that 
the  proceeds  of  mines  and  mining  claims  alone 


12th  day.] 


TAXATION. 


441 


Saturday,] 


NoDRSE — President — Fitch — DeLong — Kennedy — Hovey. 


[July  16. 


shall  be  subject  to  taxation."  That  would  ex- 
cept all  mining  claims  which  are  without  pro- 
ceeds. 

Mr.  NOURSE.  I  rise  to  a  point  of  order. 
The  question  is  on  the  amendment  to  the 
amendment  offered  by  myself.  I  have  no  ob- 
jection, at  a  proper  time,  to  a  further  amend- 
ment, but  the  question  is  now  upon  my 
amendment. 

The  PRESIDENT.  The  Chair  did  not  under- 
stand the  gentleman  from  Storey  (Mr.  Fitch)  to 
offer  an  amendment. 

Mr.  FITCH.  No,  sir  ;  but  merely  a  criticism 
on  the  language.  I  say,  where  it  says  "  for  the 
taxation  of  all  property,  real,  personal,  and 
possessory,  excepting  mines  and  mining  claims, 
the  proceeds  alone  of  which  shall  be  taxed" — 

The  PRESIDENT.  It  says  here—"  shall  be 
subject  to  taxation." 

Mr.  FITCH.  Well,  "subject  to  taxation." 
I  say  the  Legislature,  and  the  Courts,  in  my 
judgment,  might  place  a  construction  upon  that 
language,  which  would  not  only  exempt  mines 
and  mining  claims,  but  the  proceeds  also. 

Mr.  DeLOXG,  [in  his  seat.]  When  it  says 
that  the  proceeds  of  mines  shall  be  subject  to 
taxation,  does  the  gentleman  thiuli  that  they 
could  exclude  those  proceeds? 

The  PRESIDENT.  The  Chair  hopes  that 
gentlemen  will  not  interrupt,  unless  in  a  par- 
liamentary way,  by  rising  and  addressing  the 
Convention. 

Mr.  FITCH.  I  will  endeavor  to  make  my 
meaning  clearer,  for  either  the  language  of  the 
amendment  is  rather  obscure,  or  else  I  am 
uncommonly  stupid  this  morning.  Where  it 
says  the  Legislature  "  shall  prescribe  such  regu- 
lations as  shall  secure  a  just  valuation  for  taxa- 
tion of  all  property,  real,  personal,  and  posses- 
sory, excepting  mines  and  mining  claims,"  that 
would  have  meant,  if  nothing  followed  it,  that 
the  Legislature  shall  not  prescribe  such  regula- 
tions as  shall  secure  a  just  valuation  for  taxation 
of  mines  and  mining  claims  ;  and  when  you  add 
to  tliat  "  the  proceeds  of  which  alone  shall  be 
subject  to  taxation,"  I  understand  that  a  con- 
struction could  be  placed  upon  it  which  would 
allow  the  Legislature  to  tax  the  proceeds,  if 
they  choose  so  to  do,  and  if  they  did  not,  to  al- 
low them  to  exempt  even  the  proceeds.  It 
seems  to  me  that  vmder  the  language  of  the 
section,  as  it  now  reads,  they  could  exempt  the 
proceeds  of  the  mines.  Now,  as  that  is  prob- 
ably not  the  object  of  the  gentleman  from  Lyon, 
as  the  amendment  is  offered  in  a  spirit  of  com- 
promise, as  it  is  designed  to  secure  the  taxation 
of  the  proceeds  of  the  mines,  and  not  the  mines 
themselves,  I  suggest,  although  not  in  the  shape 
of  an  amendment,  at  present,  that  the  object 
could  be  achieved  by  the  mover  making  a 
slight  change  in  the  language.  I  am  not  par- 
ticular as  to  the  language. 

Mr.  KENNEDY.  Will  not  this  suit  the  gen- 
tleman ?  Instead  of  "  subject  to  taxation,"  at 
the  end  of  the  clause,  let  it  read  "  shall  be 
taxed."     Will  not  that  cover  the  gentleman's 


idea  ?  It  will  then  read — "  excepting  mines  and 
mining  claims,  the  proceeds  of  which  alone 
shall  be  taxed." 

Mr.  FITCH.  I  rather  think,  on  a  cursory 
view  of  the  matter,  that  that  would  be  sufficient. 
^  Mr.  DeLONG.  We  have  but  an  hour  of  time. 
Under  the  resolution  we  have  adopted  we  must 
adjourn  at  twelve  o'clock,  and  I  suggest  that 
we  should  come  to  a  vote. 

Mr.  FITCH.  I  have  occupied  but  an  infinites- 
simal  portion  of  time  compared  with  my  col- 
league. 

Mr.  DeLONG.  I  did  not  call  my  colleague 
to  order  ;  but  this  is  an  important  question, 
and  members  are  desirous  of  going  home.  The 
Convention  must  adjourn  in  an  hour  from  now. 

Mr.  FITCH.  I  have  nearly  finished  what  I 
was  about  to  say.  It  says  here — "  for  the  taxa- 
tion of  all  property,  real,  personal,  and  pos- 
sessory, excepting  mines  and  mining  claims, 
the  proceeds  of  which  alone  shall  be  subject  to 
taxation."  It  seems  to  me  that  the  change  sug- 
gested by  the  gentleman  from  Lyon  would 
meet  the  objection  made. 

Mr.  HOVEY.  Having  been  charged  outside 
with  inconsistency,  I  wish  to  be  placed  fairly 
and  squarely  on  the  record  upon  this  question. 

The  PRESIDENT.  Does  the  gentleman  rise 
to  a  question  of  privilege  ? 

Mr.  HOVEY.  Yes,  sir  ;  partly  to  a  question 
of  privilege.  I  am  in  favor  of  taxing  the  mines, 
but  I  am  not  in  favor  of  prescribing  in  the  Con- 
stitution the  mode  by  which  that  shall  be  done. 
Two  years  ago  I  was  in  favor  of  taxing  the 
gross  proceeds,  and  by  I'equest  of  the  Commit- 
tee on  Ways  and  Means  of  the  Legislature  I 
drafted  a  law  to  that  effect,  but  having  made 
one  assessment  under  that  law  I  became  satisfied 
it  would  not  meet  the  wants  of  the  people.  It 
did  not  bear  equally  on  all.  The  gross  proceeds, 
under  that  law,  in  the  county  of  Storey,  amount- 
ed to  about  four  and  a  half  millions  of  dollars, 
while  the  amount  of  bullion  shipped  from  the 
county,  in  the  same  year,  was  about  twelve 
millions,  I  believe.  The  Legislature  at  its  last 
session  also  became  convinced  that  the  law 
would  not  meet  the  wants  of  the  Government, 
and  they  changed  it  so  as  to  tax  mines  like  other 
property.  Now,  sir,  in  making  the  assessment 
under  that  law  we  found  that  owing  to  the  de- 
preciation of  the  mines  it  worked  unjustly.  For 
instance,  the  Burning  Moscow,  less  than  six 
months  ago,  was  worth  three  hundred  and 
eighty  dollars  a  foot,  while  to-day  it  is  worth 
but  fifteen  dollars.  I  have  come  to  the  opinion 
finally,  after  seeing  a  synopsis  of  the  law  passed 
by  the  late  Congress,  that  we  have  got  to 
come  down  at  last  to  one  mode  of  taxing  the 
mines,  and  that  is  to  tax  the  bullion,  under  the 
stamp  of  the  Government.  And  as  my  views 
are  different  from  those  of  the  balance  of  this 
Convention,  I  have  to  go  for  the  next  best  pro- 
position, and  that  is,  I  conceive,  the  amendment 
offered  by  the  gentleman  from  Lyon,  (Mr.  Ken- 
nedy.) 

Mr.  TAGLIABUE  and  others  demanded  the 


442 


TAXATION. 


[12th  day. 


Saturday,]         Hawlet — Kennedy — President — Stubtevant — Chapin — Nourse.  [July  16. 


yeas  and  naj'S  on  the  amendment  oflfered  by 
Mr.  Nourse,  to  insert  the  words  "  farms  and 
farming  property,  mills  and  milling  property." 

Mr.  HAWLEY.  I  shall  certainly  vote  against 
any  such  absurd  proposition. 

The  question  was  taken  by  yeas  and  nays  on 
Mr.  Nourse's  amendment,  and  the  vote  was^ 
yeas,  3  ;  nays,  30 — -as  follows  : 

Teas — Messrs.  Crawford,  Lockwood,  and  Nourse — 3. 

Nays — Messrs.  Ball,  Batiks.  Belden,  Brady.  Brosuaa, 
Chapin,  Collins,  Crosman,  DeLong,  Dunne,  Earl,  Fitch, 
Folsom,  Gibson,  Hawley,  Hovey,  Hudson,  Kennedy, 
Kinkead,  Mason,  McClinton,  Miirdock,  Parker,  Proctor, 
Sturtevant,  Tagliabue,  Tozer,  W^arwiok,  Wetherill,  and 
Mr.  President— 30. 

So  the  amendment  was  not  agreed  to. 

Mr.  KENNEDY.  With  the  consent  of  the 
Convention  I  would  like  to  make  a  slight  change 
in  my  amendment.  I  will  strike  out  the  words 
"  subject  to  taxation,"  and  insert  instead  the 
word  "  taxed,"  so  as  to  read  '•  excepting  mines 
and  mining  claims,  the  proceeds  of  which  alone 
shall  be  taxed." 

The  PRESIDENT.  I  suggest  to  the  gentle- 
man that  the  word  "  alone  "  appears  to  have  a 
peculiar  significance  in  that  connection.  I  only 
call  his  attention  to  it. 

Mr.  STURTEVANT.  I  believe  a  member  has 
a  right  to  speak  fifteen  minutes  on  any  question, 
but  I  do  not  believe  I  have  spoken  that  length 
of  time  altogether  in  the  Convention.  How- 
ever, I  shall  not  bother  the  Convention  now  but 
a  very  few  minutes.  If  I  remember  correctly 
the  proceedings  which  we  have  had  on  this  very 
important  question,  it  is  now  in  rather  a  strange 
fix.  Now,  sir.  my  view  of  this  matter  is  plainly 
this  :  By  taxing  the  mines  we  can  sustain  a 
State  Government,  and  without  that  we  cannot. 
As  to  this  thing  of  taxing  the  proceeds,  it  is 
said  if  you  want  experience  buy  it.  Now  we 
have  tried  the  taxing  of  the  net  proceeds,  and 
what  did  we  get  ?  "  Nought  from  nought  and 
nought  remains."  [Laughter.]  Under  the  head 
of  gross  proceeds,  I  believe  the  District  Attor- 
ney has  decided — or  at  least  it  was  so  decided 
in  Storey  County — that  they  meant  net  pro- 
ceeds, and  so  we  got  a  tax  on  some  four  mil- 
lions of  dollars.  Now  this  is  one  of  the  most  sim- 
ple and  the  shortest  of  questions — it  should  be 
at  least — ^that  ever  came  before  any  Convention 
in  the  world.  We  came  here  with  a  full  and 
distinct  understanding  of  it.  Is  there  any  gen- 
tleman here  who,  before  he  came  to  this  Con- 
vention, had  not  heard  this  important  question 
discussed  ?  If  so  he  must  have  been  deaf. 
[Laughter.]  Therefore  I  do  not  know  why  we 
could  not  just  as  well  in  the  start  have  said 
"  yes "  or  "  no  "  upon  it.  It  is  the  plainest 
question  in  the  world.  With  the  assistance  of 
the  mines  we  can  sustain  a  State  Government, 
and  without  that  assistance  we  cannot,  and  we 
do  not  want  to  try  it.  We  know  tiiat  we  are  in 
debt,  as  a  Territorial  Government,  and  we  have 
the  best  of  authority  for  positively  knowing 
that  we  can  scarcely  maintain  that  government, 
or  at  least  that  we  have  failed  to  maintain  a 
Territorial  Government,  so  far,  and  we  find  our- 


selves largely  in  debt.  Now  in  the  statutes  of 
1861  you  will  find  a  revenue  bill  taxing  the  net 
proceeds  of  the  mines.  Then  we  got  nothing. 
In  the  statutes  of  1863  you  will  find  that  we  taxed 
the  gross  pi-oceeds  of  the  mines.  Then  we  got 
four  millions.  In  the  statutes  of  1864  you  will 
find  that  the  mines  are  taxed  indiscriminately. 

Mr.  CHAPIN.  Allow  me  to  correct  the  gen- 
tlemen, in  one  respect.  The  assessment  under 
the  law  of  1863  was  four  millions  nine  hundred 
and  eighty-seven  thousand  dollars — nearly  five 
millions. 

Mr.  STURTEVANT.  That  has  been  harped 
upon  also.  Now  a  few  of  us,  I  myself  among 
others,  came  over  here  a  few  years  ago  and 
helped  to  find  the  mines.  We  have  no  objection, 
however,  to  your  coming  here  and  working 
them.  You  are  welcome  to  come  here  and 
work  the  mines  as  much  as  you  please,  and  we 
are  glad  to  see  yon  do  it.  I  have  been  here  ever 
since.  I  fought  ray  way  here,  and  probably 
shall  be  here  longer  than  any  of  you,  unless  I 
should  cease  to  live.  But  one  of  the  material 
objects  of  having  a  State  Government  will  be, 
as  has  already  been  suggested  here,  the  pro- 
tection of  the  mines.  The  General  Government 
has  attempted  to  impose  a  tax  upon  our  mines 
in  a  way  that  I  think  is  not  altogether  right, 
and  we  ought  to  have  representatives  in  Con- 
gress to  tell  them  so.  Just  at  this  present  time 
we  find  ourselves  in  a  dilapidated  condition  in 
this  Territory,  as  you  all  know,  and  it  could 
not  be  otherwise,  but  we  look  for  improvement. 
Now  this  is,  I  believe,  the  fourth  day  that  we 
have  been  trying  to  get  at  this  very  point. 
What  is  the  use  of  being  so  long  about  it  ?  What 
kind  of  a  tangled-up  mess  is  it  that  it  should 
take  so  long  to  unravel?  Night  before  last  we 
decided  in  a  great  measure,  or  at  least  it  was 
the  prevailing  idea,  that  the  mines  should  not 
be  taxed,  but  the  next  morning  they  uncovered 
a  masked  battery,  that  blew  up  all  that,  sky- 
high.  [Laughter.]  Last  night  the  prevailing 
idea  was,  and  it  seemed  to  be  satisfactory  to  all, 
that  the  mines  should  be  taxed,  and  this  morn- 
ing there  is  another  masked  battery  again,  and 
we  find  ourselves  in  another  fix. 

Mr.  NOURSE.  The  Chair  does  not  seem  to 
call  the  gentleman  to  order,  and  I  will  pro- 
test against  allowing  him  to  make  insinuations 
against  gentlemen. 

Mr.  STURTEVANT.  Is  your  name  "  Masked 
Battery  ?  "     [Laughter.] 

Mr.  NOURSE.  I  am  speaking  for  others,  not 
for  myself ;  I  have  had  several  masked  batteries 
sprung  upon  me,  and  therefore  I  protest  against 
anything  of  the  sort. 

The  PRESIDENT.  The  gentleman  from 
Washoe  will  ])rocffd. 

Mr.  STURTEVANT.  I  would  not  like  to  hurt 
the  gentleman's  feelings,  because  I  am  some- 
what tender-hearted  myself,  but  I  hold  myself 
responsible,  and  will  apologize  if  anything  I 
say  should  unintentionally  hurt  anybody. 

Now  much  has  been  said  here  about  the  val- 
ley counties,  but  the  valley  counties,  at  least 


12th  day.] 


TAXATION. 


443 


Saturday,] 


NouRSE — Hawley — DeLoxVG— President — Lockwood— Ball. 


[July  16. 


that  portion  of  them  which  I  in  part  represent, 
are  as  much  interested  in  the  mines  as  Storey 
County  ;  that  is,  in  proportion  to  the  population. 
I  think  I  am  correct  in  that,  and  I  will  say  fur- 
ther, that  for  all  that  we  are  willing  to  establish 
a  State  Government,  and  we  are  willing  to  tax 
our  mines  to  do  it— perfectly  willing.  But 
without  that  we  are  perfectly  satisfied  that  we 
cannot  maintain  a  State  Govei'nment,  and  we 
do  not  want  it. 

Mr.  NOURSE.  The  question  I  believe  is  on 
the  original  amendment  of  the  gentleman  from 
Lyon  (Mr.  Kennedy.)  I  have  an  amendment  to 
offer  to  that.  I  am  not  quite  sure  that  it  comes 
in  the  right  place,  but  I  propose  to  anne.x  to 
the  amendment  of  the  gentleman  from  Lyon 
the  following  proviso  : 

"Provided,  further,  that  the  rate  of  taxation  Tipon 
the  annual  proceeds  of  the  mines  shall  be  so  fixed  as 
to  make  the  burden  of  taxation  upon  the  owners  of 
mines  as  nearly  as  possible  equal,  in  proportion  to 
their  property,  to  that  upon  the  owners  of  other  prop- 
erty." 

My  reason  for  offering  this  amendment  is,  to 
remedy  the  palpable  inequality  that  would 
arise  from  the  taxation  of  one  kind  of  property 
merely  upon  its  income,  and  another  upon  its 
absolute  value.  I  suppose  this  amendment  will 
meet  gentlemen's  ideas,  because  I  do  not  think 
this  has  been  thought  of.  I  suppose  the  inten- 
tion of  gentlemen  is  that  only  mines  producing 
ore  shall  be  taxed,  and  to  make  sure  of  that 
they  want  to  tax  only  the  proceeds.  That 
makes  it  sure  that  no  mine  will  have  to  pay  a  tax 
that  does  not  produce  ore.  But  I  suppose  that 
the  ore  producing  mines,  say  in  Storey  County, 
for  example,  those  that  are  getting  out  any  ore, 
are  getting  out — other  gentlemen  may  know 
better  than  I  do — I  will  set  the  value  at  least  at 
fifteen  or  twenty  millions,  and  I  do  not  know 
but  I  might  set  it  as  high  as  fifty  millions  of 
dollars  a  year.  Now  I  suppose  that  gentlemen 
do  not  mean  to  tax  the  proceeds  of  those  mines 
which,  under  the  Assessor's  appraisement,  at 
the  last  return,  amounted  to  only  four  or  five 
millions  of  dollars,  upon  that  amount,  while  if 
that  property  had  been  taxed  in  the  shape  of 
property  the  owners  would  have  had  to  pay  on 
fifty  or  sixty  millions  of  dollars — the  value  of 
their  property  in  the  market.  I  do  not  suppose 
they  intend  for  a  moment  any  such  inequality 
as  that. 

Mr.  HAWLEY.  Does  the  proposition  in- 
volved in  the  gentlemen's  amendment  amount 
to  this,  that  if  the  proceeds  of  a  mine  are  as- 
sessed by  the  Assessor,  say  at  three  millions  of 
dollars,  and  the  time  of  hearing  motions  to 
raise  or  decrease  that  assessment  passes  with- 
out any  motion  to  amend,  then  those  three  mill- 
ions of  dollars  shall  be  taxed  at  the  rate  of  per- 
haps si.xty  per  cent,  on  the  one  hundred  dollars, 
upon  the  whole  three  millions  of  dollars'  worth 
of  property,  whatever  its  character  shall  be, 
while  property  of  a  different  character  is  as- 
sessed at  only  one  or  two  per  cent,  on  the  one 
hundred  dollars  ? 

Mr.  NOURSE.    Something  in  that  way.  It  is 


avowed  in  the  amendment  of  the  gentleman 
from  Lyon  that  the  rate  of  assessment  and  tax- 
ation is  to  be  equal,  but  it  seems  that  the  mines 
themselves  are  not  to  be  taken  as  a  basis  of  tax- 
ation, but  the  proceeds  only.  I  think  the  pro- 
ceeds of  the  mines  in  Storey  County  last  year 
amounted  to  only  four  millions  nine  hundred 
and  eighty-seven  thousand  dollars,  so  that  the 
owners  of  those  mines,  which  are  really  worth, 
say  fifty  millions  of  dollars,  only  pay  a  tax  of 
one  per  cent.,  on  four  millions  nine  hundred 
and  eighty-seven  thousand  dollars,  while  the 
owners  of  other  property  have  to  pay  the  one 
per  cent,  on  the  whole  amount  of  all  they  are 
worth.  Now  I  do  not  suppose  that  gentlemen 
mean  that.  They  mean  only  to  tax  the  pro- 
ceeds, but  they  do  not  mean  that  the  tax  shall 
apply  to  one  man's  income  only,  and  to  another 
man's  gross  property.  I  propose  that  the  Leg- 
islature shall  be  left  at  liberty,  if  you  are  going 
to  tax  the  proceeds  through  the  Legislature,  to 
make  such  an  arrangement  as  will  make  the 
taxation  equal. 

Mr.  DeLONG.  Believing  as  I  do  that  there 
is  an  object  and  design  to  prevent  a  final  vote 
until  members  are  absent  from  this  hall,  for  the 
first  time  in  my  life  I  move  the  previous  ques- 
tion. 

The  PRESIDENT.  The  gentleman  may  not 
indulge  in  personal  reflections  as  to  what  may 
be  the  object  of  gentlemen. 

Mr.  DeLONG.  I  am  not  indulging  in  per- 
sonal reflections.  It  is  my  right  to  state  what 
I  believe  to  be  the  truth.  My  object  is  to  go  on 
and  adopt  this  Article,  and  then  proceed  with 
our  work  of  framing  a  Constitution,  and  for 
that  purpose  I  move  the  previous  question. 

The  PRESIDENT.  The  Chair  will  state  that 
there  is  a  stage  to  leave  for  Virginia  after  the 
twelve  o'clock  stage  to-day.  and  if  members 
desire  to  speak  further  to  this  question,  I  would 
suggest  that  we  can  suspend  the  rules  and  con- 
tinue in  session  until  one  o'clock.  However, 
that  is  merely  a  matter  of  suggestion.  The 
previous  question  has  been  demanded,  and  the 
question  is  :  Shall  the  main  question  be  now 
put  ? 

Mr.  LOCKWOOD.  I  ask  leave  to  make  one 
remark.     ["  Leave  I  leave !  "] 

Several  members  objected. 

Mr.  NOURSE  and  others  demanded  the  yeas 
and  nays  upon  ordering  the  main  question. 

The  question  was  taken,  and  the  vote  was — 
yeas,  18  ;  nays,  15 — as  follows  : 

j'-ects— Messrs.  Banks,  Chapln,  Crosman,  DeLong, 
Dunne,  Earl,  Fitch,  Hudson,  Kennedy,  Mason,  Mc- 
Clinton,  Murdock,  Parker,  Proctor,  Taghabue,  Tozer, 
Warwick,  and  Wetherill — 18. 

jVays— Messrs.  Ball,  Belden,  Brady,  Brosnan,  Col- 
lins, Crawford,  Folsom,  Gibson,  Hawley,  Hovey,  Kin- 
kead,  Lockwood,  Nourse,  Sturtevant,  and  Mr.  Presi- 
dent—15. 

So  the  main  question  was  ordered  to  be  put. 

During  the  voting — 

Mr.  BALL.  Though  I  desire  to  see  this  ques- 
tion brought  to  a  vote  at  once,  yet  I  will  never 
vote  for  the  previous  question.    I  vote  "  no." 


444 


TAXATION. 


[12th  day. 


Saturday,]  Dunne — Prbs't— Hovey — Fitch — Collins— Parker— Hawlet — Kennedy.  [July  16. 


Mr.  DUNNE.  I  vote  "  aye,"  for  the  reason 
that  I  do  not  think  it  can  possibly  be  said  that 
much  debate  has  been  cut  off,  when  we  have 
had  four  day's  debate  already  on  this  question. 

Mr.  EARL.  I  vote  "  aye  "  for  the  same  rea- 
son. 

The  PRESIDENT.  I  never  voted  for  the 
previous  question  in  my  life,  and  I  certainly  will 
not  when  it  is  moved  upon  so  important  a  mat- 
ter as  this. 

The  result  of  the  vote  having  been  an- 
nounced, 

The  PRESIDENT  stated  that  the  first  ques- 
tion was  on  the  amendment  offered  by  the  gen- 
tleman from  Washoe  (Mr.  Nourse.) 

The  question  was  taken  by  yeas  and  nays, 
and  the  vote  was — yeas,  9  ;  nays,  24 — as  fol- 
lows : 

Teas— Messrs.  Belden,  Brady,  Crawford,  Fitch,  Fol- 
Bom,  Gibson,  Kinkead,  Nourse,  and  Sturtevant — 9. 

A'ays — Messrs.  Ball,  Banks,  Brosnau,  Chapiu,  Col- 
lins, Crosman,  DeLong,  Dunne,  Earl,  Hawley,  Hovey, 
Hudson,  Kennedy,  Lockwood,  Mason,  McClinton, 
Murdock,  Parker,  Proctor,  Tagliabue,  Tozer,  Warwick, 
Wetherill,  and  Mr.  President— -24. 

So  the  amendment  was  not  agreed  to. 

Mr.  HOVEY.  I  voted  "  no  "  for  a  reason 
which  I  wish  to  explain.  ["  No,  no  !  "]  I  voted 
"  no  "  because  I  think  the  Legislature  has  that 
right  already. 

Mr.  BANKS.    So  do  I. 

The  question  recurred  on  the  amendment 
proposed  by  Mr.  Kennedy. 

Mr.  FITCH.  It  has  been  modified  somewhat, 
and  I  ask  to  have  it  read  as  it  now  stands. 

The  SECRETARY  read  as  follows  : 

Section  1.  The  Legislature  shall  provide  by  law  for 
a  uniform  and  equal  rate  of  assessment  and  taxation, 
and  shall  prescribe  such  regulations  as  shall  secure  a 
just  valuation  for  taxation  of  all  property,  real,  ijer- 
sonal,  and  possessory,  excepting  mines  and  mining 
claims,  the  proceeds  of  which  alone  shall  be  taxed,  and 
also  excepting  such  property  as  may  be  exempted  by 
law  for  municipal,  educational,  literary,  scieutilic,  re- 
ligious or  charitable  ijuriioses. 

The  yeas  and  nays  were  demanded  on  the 
adoption  of  the  amendment,  and  the  Secretary 
proceeded  to  call  the  roll. 

Mr.  COLLINS  (when  his  name  was  called) 
asked  to  be  excused  from  voting  on  this  amend- 
ment. 

Several  members  objected. 

The  PRESIDENT.  Objection  is  made,  and 
the  Secretary  will  call  the  gentleman's  name. 

Mr.  COLLINS.  I  desire  to  explain  my  vote. 
I  have  given  my  views — 

Mr.  PARKER  [interrupting.]  I  rise  to  a 
point  of  order — that  it  is  not  in  order  to  ex- 
plain a  vote  under  the  previous  question.  1 
think  if  the  President  will  examine  the  i-ules 
he  will  find  it  so. 

The  PRESIDENT.  The  gentleman  will  pro- 
ceed. 

Mr.  COLLINS.  If  I  am  in  order  I  will  pro- 
ceed. I  expressed  my  views  yesterday  upon 
this  same  question,  substantially,  and  I  feel  ex- 
ceedingly unwilling  to  do  anything  which  will 
embarrass  the   matter  now.     My  whole   aim, 


from  the  beginning,  has  been  to  effect  a  satis- 
factory compromise,  though  I  am  decidedly  in 
favor  of  a  system  which  shall  tax  all  property 
equally,  throughout  the  State.  One  objection  I 
have  iu  my  mind  to  giving  my  vote  in  favor  of 
this  amendment  is,  that  it  is  going  to  array  all 
the  productive  mines  against  our  Constitution. 
It  is  going  to  do  an  absolute  injustice  to  many 
of  our  productive  mines.  Now  the  Gould  and 
Curry  mine,  for  example,  with  twelve  hundred 
feet,  if  assessed  at  the  highest  market  value  per 
foot  which  it  has  attained  during  the  past  year, 
at  a  tax  of  one  per  cent.,  will  pay  only  thirty 
thousand  and  nine  hundred  dollars  ;  but  by  a 
tax  upon  the  gross  proceeds,  which  as  reported 
last  year  amounted  to  five  millions  six  hundred 
thousand  dollars,  at  the  rate  of  one  per  cent,  it 
would  have  to  pay  fifty-six  thousand  dollars — 
an  increase  over  and  above  the  taxation  on  the 
mine  of  twenty-five  thousand,  one  hundred  dol- 
lars, or  nearly  eighty-seven  per  cent.  It  looks 
to  me  like  a  piece  of  very  gross  injustice.  Yet 
I  find  that  the  representatives  of  our  mines  feel 
that  this  is  the  best  thing  that  can  be  done  for 
their  interest,  or  that  would  be  anything  like 
justice.  If  they  think  so,  certainly  they  ought 
to  be  the  best  judges,  and  I  must  misunderstand 
this  question.  Under  the  circumstances  it  is 
the  best  thing,  I  suppose,  that  can  be  done,  and 
therefore,  though  very  reluctantly,  and  to  a 
great  extent  against  my  strongest  convictions, 
because  I  think  it  is  a  violation  of  the  rights  of 
those  producing  mines,  I  will  have  to  give  my 
vote,  if  I  am  compelled  to  vote,  in  favor  of  the 
amendment  of  the  gentleman  from  Lyon,  (Mr. 
Kennedy.)     I  vote  "  aye." 

Mr.  FITCH.  For  the  reasons  expressed  by 
my  colleague,  (Mr.  Collins,)  I  also  vote  "  aye." 

Mr  HAWLEY.  One  word  in  explanation  of 
my  vote.  I  cannot  for  the  life  of  me  see  that 
the  amendment  of  the  gentleman  from  Lyon 
meets  the  difficulty  which  has  surrounded  us 
from  the  very  commencement  of  the  contest 
which  has  lasted  so  long.  I  have  heretofore 
exjiressed  my  views  on  the  subject  as  clearly 
as  I  was  able  to  do  so.  I  think,  unless 
we  strike  out  the  first  part  of  the  section 
which  provides  that  the  rate  of  taxation  shall 
be  uniform  and  equal,  the  amendment  of  the 
gentleman  from  Lyon  can  have  no  proper  place 
in  our  fundamental  law.  I  should  infinitely 
prefer,  as  the  representative  of  a  constituency 
in  favor  of  the  taxation  of  the  mines,  to  vote 
directly  upon  a  proposition  asserting  positively 
that  the  mines  shall  be  taxed.  I  therefore  vote 
"  no." 

Mr.  HOVEY.  I  vote  on  this  amendment  as  a 
compromise — "  aye." 

Mr.  KENNEDY.  I  rise,  in  explanation  of  my 
vote,  to  state  that  I  do  not  vote  for  this  amend- 
ment at  the  dictation  of  any  assembly  of  gen- 
tlemen. I  did  have  a  consultation  on  the  street 
with  two  members  from  Storey  County,  although 
I  do  not  know  that  either  one  was  in  any  cau- 
cus on  this  subject.  When  I  left  them  I  told 
them  I  would  consult  our  delegation,  and  if 


12tli  day.] 


TAXATION. 


445 


Saturday,]  McClinton — Lockwood — Murdook — Nourse — Sturtevant — Tagliabue,  etc.  [July  16. 


the  proposition  was  satisfactory  to  the  majority 
of  the  Convenfioa,  and  to  our  delegation,  I 
would  go  for  it,  and  do  what  I  could  to  have  it 
adopted.  I  have  oflered  it  as  a  compromise,  as 
I  offei'ed  one  before,  which  was  rejected,  and 
believing  that  this  is  the  best  I  can  do,  I  vote 
"  aye." 

Mr.  McCLDsTON.  I  believe  it  is  well  known 
by  every  gentleman  on  the  floor  that  this  provi- 
sion does  not  meet  with  my  entire  approbation, 
yet  I  shall  vote  "  aye."  for  reasons  assigned. 
in  part,  by  the  gentleman  from  Storey.  (Mr. 
Collins.)  and  also  for  reasons  already  given  by 
other  gentlemen.  I  vote  for  it.  because  I  be- 
lieve it  is  the  best  we  can  do.  It  is  not  as  good 
as  I  would  like  to  do,  but  inasmuch  as  gentlemen 
on  this  floor  have  taken  position  in  favor  of 
taxing  everything,  possessory  and  otherwise, 
every  mining  claim,  and.  as  some  express  it, 
every  "  hole  in  the  ground,"  and  it  may  be 
every  hole  out  of  the  ground,  I  shall  vote  for 
this  amendment.  It  is  not  just  what  I  desire, 
but  I  believe  it  is  the  best  that  we  can  obtain. 

Mr.  L(JCKWO()D.  I  voted  "  no  "  for  sub- 
stantially the  same  reasons  as  those  which  have 
been  given  by  the  gentleman  from  Douglas, 
(Mr.  Hawley.) 

Mr.  MURDOCK.  For  reasons  which  have 
been  very  clearly  stated — and  m\'  own  position 
has  been  well  defined  upon  that  point,  and  it  is 
known  how  I  stand — for  the  sake  of  a  com- 
promise I  vote  ''  aye." 

Mr.  NOURSE.  I  wish  to  give  a  reason  for 
my  vote,  which  is,  that  notwithstanding  all  the 
sneers  that  have  been  cast  upon  my  claim  to 
vote  upon  principle,  I  still  claim  the  right  to 
vote  ujxju  principle.  I  believe  this  amendment 
is  unju.st  and  wrong  in  principle,  in  that  it  makes 
a  distinction  between  different  classes  of  our 
people,  and  different  classes  of  their  property — 
between  property  owned  by  different  classes. 
For  that  reason  1  find  myself  unable  to  vote  for 
it.  And  so  far  as  a  compromise  is  concerned,  I 
have  to  say  that  I  have  not  been  so  much  as 
asked  whether  I  would  compromise  or  not.  It 
was  not  sulimitted  to  my  consideration,  for  one. 
and  I  believe  many  other  gentlemen  can  say 
the  same  thing.  And  now,  when  it  is  attempted 
to  be  pushed  through  by  means  of  springing 
the  previous  question,  I  certainly  cannot  vote 
for  it.     I  vote  "  no." 

Mr.  STURTEVANT.  I  want  to  explain  my 
vote.  I  am  going  to  vote  "  no  "  for  certain  big 
reasons.  Members  say  they  vote  for  the  amend- 
ment for  compromise  ;  I  would  like  to  know 
where  they  get  it.  Some  compromises  take 
only  a  part,  but  they  take  it  all  and  leave  us 
none.  That  is  my  opinion.  Among  the  ma- 
terial objections  I  have  is  one  on  account  of 
certain  "  jayhawkers,"  known  as  "  Montgomei'y 
street  sharpers."  They  go  into  the  best  mines 
we  have,  get  a  controlling  intei-est  in  them,  and 
when  they  find  they  have  got  immense  beds  of 
ore  lying  there  they  will  commence  buildmg  up 
somewhere  else,  diving  down  and  digging  these 
"  holes  in  the  ground,"  and  running  bed  rock 


tunnels.  And  then  they  commence  levying  their 
assessments  of  a  hundred  dollars  a  foot,  if  you 
please,  at  a  time.  They  will  keep  diving  away 
at  every  place  except  the  right  one.  when  they 
know  all  the  time  precisely  where  that  is,  until 
people  get  tired  of  paying  assessments.  That 
is  not  the  question  here,  I  know,  but  that  is 
where  the  ••jayhawkers"  come  in.  I  want 
them  taxed,  as  well  as  the  rest  of  us.  I  do  not 
know  but  the  proposition  may  be  disputed,  but 
I  think  the  operation  of  it  will  be  recognized 
by  most  of  the  members  here.  These  are  what 
I  call  big  reasons.  I  like  for  one  to  see  every 
thing  go  on  an  equality,  and  if  this  is  equality  I 
cannot  see  it.  I  tried  to  get  my  eloquent  friend 
from  Storey  (Mr.  DeLong)  to  explain  it  so  that 
1  could,  but  he  himself,  it  seems  to  me,  does  not 
exactly  see  it,  and  I  say  that  with  all  respect  to 
the  gentleman,  by  all  means,  because  lam  satis- 
fied that  he  is  a  good  lawyer. 

Now  consistency  is  generally  supposed  to  be 
a  jewel,  but  the  question  is  who  wears  it  ?  I  do 
not  go  to  any  man,  I  do  not  go  even  to  lawyers, 
to  ask  them  their  opinion  as  to  how  1  shall  vote, 
because  I  have  an  opinion  of  my  own,  and  that 
is  the  most  I  have  got,  and  when  that  is  gone  I 
do  not  claim  that  there  will  be  much  left  of  me, 
but  so  long  as  I  do  have  that,  I  claim  to  vote 
according  to  mv  own  opinion.    I  vote  '•  no." 

Mr.  TAGLIABUE.  This  seems  to  be  an 
amendment  which  I  can  hardly  understand.  I 
am  something  like  the  gentleman  from  Churchill 
(Mr.  .Murdock)  in  this  respect,  being  of  very 
limited  comprehension,  but  on  the  whole  I  will 
vote  ••  aye." 

Mr.  TOZER.  I  shall  vote  « aye "  on  this 
amendment,  although  I  consider  it  one  that  is 
wrong  in  principle,  mistaken  in  its  policy,  and 
injurious  in  its  practice.  I  consider  it  wrong, 
mistaken  and  injurious  to  the  great  paramount 
interest  of  this  Territory — the  interest  from 
which  we  all  derive  all  the  prosperity  we  have 
in  tlie  present,  or  expect  to  have  in  the  future. 
Yet  I  vote  '•  aye." 

The  PRESIDENT.  I  desire  to  say  a  single 
word,  and  that  will  serve  as  an  explanation  of 
my  votes,  both  upon  this  and  previous  amend- 
ments. As  I  have  heretofore  stated,  I  desire  to 
see  formed  a  State  Constitution  such  as  we  will 
be  able  to  submit  to  the  people,  and  convince 
them  that  it  will  be  for  their  best  interests  to 
form  a  State  Government,  and  that  such  Gov- 
ernment, when  formed,  will  not  be  grievously 
burdensome  in  the  way  of  taxation.  1  attempt- 
ed yesterday  to  demonstrate  to  the  Convention, 
by  facts  and  figures  which  in  no  single  instance 
have  I  heard  questioned,  that  by  taxing  the 
mining  as  well  as  other  property  within  the 
State,  we  would  have  an  amount  of  property 
serving  as  a  basis  of  taxation  which  would 
enable  us,  with  an  economical  administration, 
to  support  a  State  Government ;  but  by  taxing 
only  the  gross  proceeds  of  the  mines,  and  all 
other  property,  we  would  be  compelled  to  levy 
an  onerous  and  burdensome  tax.  And  now  I 
come  down  to  a  proposition  which  is  to  my 


446 


TAXATION. 


[12th  day. 


Saturday,]    President— Crawford— DeLong—Nourse — Fitch — Stcrtevant— Banks.    [July  16. 


mind  apparent,  namely,  that  the  Legislature  has 
no  power  to  tax  the  gross  proceeds  of  the  mines. 
That  being  apparent,  we  must  show  the  people 
that  in  order  to  support  this  State  Government 
they  must  be  taxed  one  dollar  and  twenty-five 
cents  on  each  one  hundred  dollars  valuation, 
whereas  now,  under  a  Territorial  Government, 
they  are  only  taxed  thirty  cents  on  the  one  hun- 
dred dollars.  Again,  1  certainly  conceive,  as 
the  gentleman  from  Storey  (Mr.  Collins)  has 
remarked,  that,  of  all  proposed  modes  of  taxa- 
tion, this  of  taxing  the  gross  proceeds  is  the 
most  unjust  and  unequal  that  can  be  devised. 
Now  for  the  reason  that  we  cannot  and  ought 
not  to  attempt  to  convince  the  people  of  this 
Territory  that  their  interests  are  to  be  subserved 
by  paying  a  tax  four  times  as  great  as  they  now 
pay,  tbr  the  support  of  the  Government,  and  be- 
cause the  people  cannot  bear  the  burden  which 
they  will  necessarily  be  required  to,  in  order 
to  support  that  government,  under  this  pro- 
vision, and  because,  in  my  opinion,  no  distinc- 
tion should  be  made  in  the  mode  of  taxing  the 
property  of  the  people  of  this  State,  I  am  con- 
strained to  vote  "  no." 

The  result  of  the  vote  was  announced — yeas, 
23  ;  nays,  10 — as  follows  : 

Yeas — Messrs.  Ball,  Banks,  Brosnan,  Chapin,  Collins, 
Crawford,  Crosmau,  DeLoug,  Dunae,  Earl,  Fitch,  Ho- 
vej',  Hudson,  Kennedy,  Mason,  McCUnton,  Miirdock, 
Parker,  Proctor,  Tagliabue,  Tozer,  Warwick,  and  Weth- 
erill— 23. 

J\'ays — Messrs.  Belden,  Brady,  Folsom,  Gibson,  Haw- 
ley,  Kinkead,  Lockwood,  Nourse,  Stui'tevant,  and  Mr. 
President — 10. 

So  the  amendment  was  agreed  to. 

Mr.  CRAWFORD.  I  give  notice  that  on  Mon- 
day I  will  move  for  a  reconsideration  of  this 
vote. 

Mr.  DeLONG.  I  ask  if  the  main  question  is 
not  on  the  adoption  of  the  section  as  amended. 

The  PRESIDENT.  The  question  is  on  the 
adoption  of  the  report  as  amended. 

Mr.  NOURSE.  I  move  that  the  Convention 
adjourn. 

The  PRESIDi:NT.  The  motion  cannot  be 
entertained  under  the  previous  question. 

Mr.  DeL(  )NG.  I  do  not  understand  that  we 
are  amending  a  report ;  I  understand  that  it  is 
on  the  adoption  ot  the  section. 

The  PRESIDENT.  The  effect  is  the  same  ;  it 
is  really  the  adoption  of  the  section  as  amend- 
ed. The  question  is  on  the  adoption  of  the  re- 
port, and  the  section,  as  amended  on  motion  of 
the  gentleman  from  Lyon  (Mr.  Kennedy.) 

The  question  was  taken,  by  yeas  and  nays. 
and  the  vote  was — yeas,  23  ;  nays,  9 — as  fol- 
lows : 

Yeas — Messrs.  Ball,  Banks,  Brosnan,  ChaiJin,  Collins, 
Crawford,  Crosman,  DeLong,  Dunne,  Earl,  Fitch, 
Hudson,  Kenncdj',  Mason,  McClinton,  Murdock,  Par- 
ker, Proctor,  Tagliabue,  Tozer,  Warwick,  and  Wether- 
ill— 23. 

Nays — Messrs.  Belden,  Brady,  Folsom,  Gibson, 
Hawley,  Kinkead,  Nourse,  Sturtevant,  and  Mr.  Presi- 
dent^y. 

So  the  report,  and  the  section,  as  amended, 
were  agreed  to. 


Mr.  CRAWFORD.  I  give  notice  that  on  Mon- 
day I  shall  move  to  reconsider  the  adojition  of 
the  report. 

Mr.  DeLONG.  I  move  that  we  reconsider 
the  vote  now. 

Mr.  PANKS.  I  move  to  indefinitely  postpone 
the  motion  of  the  gentleman  from  Storey  to  re- 
consider. 

The  PRESIDENT.  A  notice  having  already 
been  given  of  intention  to  move  a  reconsider- 
ation on  a  subsequent  day,  I  do  not  think  it  is 
competent  for  the  Convention  to  entertain  the 
motion  to  reconsider  now. 

Mr.  DeLONG.  But  Jefferson's  Manual  does 
not  provide  that  a  notice  to  reconsider  lays  it 
over.  On  a  previous  occasion  I  gave  notice  in 
the  same  way,  and  it  was  held  not  to  suspend 
the  standing  rule.  I  therefore  respectfully  ap- 
peal from  the  decision  of  the  Chair. 

The  PRESIDENT.  There  has  been,  accord- 
ing to  my  recollection,  no  such  ruling  made  by 
the  Chair  as  the  gentleman  states.  Last  even- 
ing a  notice  to  this  efl'ect  was  given,  but  it  was 
subsequently  withdrawn. 

Mr.  FITCH.  As  I  understand  it,  it  is  one 
of  the  commonest  practices  of  parliamentary 
bodies,  when  a  notice  is  given  by  some  gentle- 
man who  desires  to  prolong  the  consideration 
of  a  question,  to  move  a  reconsideration  at  once 
in  order  to  bring  it  to  a  close.  I  undertake  to 
say  there  is  no  precedent  in  any  parliamentary 
body  for  any  ruling  that  a  notice  to  reconsider 
will  prevent  the  immediate  reconsideration. 

Mr.  STURTEVANT.  The  gentleman  is  mis- 
taken ;  on  the  contrary,  the  provision  is  that  a 
notice  to  reconsider  can  only  be  called  up  the 
day  following. 

The  PRESIDENT.  The  Chair  will  be  obliged 
if  the  gentleman  from  Storey  will  cite  the  au- 
thority. 

Mr.  BANKS.  There  is  no  authority  for  this 
decision. 

The  PRESIDENT.  The  appeal  is  before  the 
Convention.  The  question  is,  shall  the  decision 
of  the  Chair  stand  as  the  judgment  of  the  Con- 
vention. 

Mr.  NOURSE.  Does  not  a  privileged  ques- 
tion take  precedence  of  that  motion  ? 

_ The  PRESIDENT.  The  gentleman  will  state 
his  privileged  question. 

Mr.  NOURSE.  It  is  this  :  I  claim  to  have  my 
protest  entered  upon  the  journal  of  the  Con- 
vention, against  the  action  of  the  Convention 
in  adopting  the  amendment  of  the  gentleman 
from  Lyon. 

Mr.  BANKS.     I  wish  to  make  a  motion. 

Mr.  DeLONG.  That  is  not  a  question  of 
privilege.  The  gentleman  has  no  privileged 
question. 

Mr.  NOURSE.  I  wish  to  be  informed,  be- 
cause I  am  accused  of  misrepresenting  the  gen- 
tleman, whether  I  was  correct  in  understanding 
the  gentleman  to  say  that  his  amendment  had 
been  freely  consulted  about. 

The  PRESIDENT.  The  gentleman  can  have 
his  protest  entered  on  the  journal.     The  ques- 


13th  day.] 


COMMITTEES. 


447 


Monday,]        Nodkse— Fitch— McClinton—DeLong — Dux\xe— Collins— Wakwick.        [July  18. 


tion  is  on  the  appeal  from  the  decision  of  the 
Chair. 

Mr.  BANKS.     Mr.  President.— 

Mr.  N0UR8E.    I  rise  to  a  question  of  order. 

The  PRESIDENT.  The  question  is  on  the 
appeal. 

Mr.  BANKS.  I  move  that  the  hour  of  ad- 
journment be  postponed  fifteen  minutes. 

Mr.'NOURSE.  I  rise  to  a  point  of  order,  and 
I  am  not  to  be  prevented  from  stating  it.  I  un- 
derstand that  there  is  a  motion  already  before 
the  Convention,  and  that  there  is  an  appeal 
from  the  decision  of  the  Chair,  in  regard  to  that 
motion.  I  understand  that  there  is  a  motion 
pending,  and  that  that  motion  must  be  put  be- 
fore any  other  can  be  entertained.  I  claim  that 
the  question  shall  be  put  on  the  appeal,  and  I 
call  for  the  yeas  and  nays. 

Mr.  FITCH.  I  rise  to  a  question  of  order. 
When  a  motion  is  made,  either  to  adjourn  or  to 
extend  the  time  lor  adjournment,  no  other  ques- 
tion can  be  put  or  entertained. 

Mr.  NOURSE.  It  is  now  past  twelve  o'clock, 
and  I  insist  that  the  rule  be  enforced. 

The  PRESIDENT.  The  hour  of  twelve 
o'clock  having  arrived,  according  to  the  reso- 
lution adopted  this  morning,  I  declare  that  the 
Convention  stands  adjoui'ned  until  two  o'clock 
on  Monday  afternoon. 

The  Convention  accordingly,  at  twelve  o'clock, 
adjourned. 


THIRTEENTH  DAY. 

Carson,  July  18,  1864. 

The  Convention  met  at  two  o'clock,  P.  M., 
and  was  called  to  order  by  the  President. 

The  roll  was  called,  and  all  the  members  re- 
sponded except  the  following  :  Messrs.  Ball. 
Belden,  Chapin,  Fitch,  Jones,  Morse,  Nourse, 
Wellington,  and  Williams.  Present,  80 ;  ab- 
sent, 9. 

The  journal  of  Saturday  was  read  and  ap- 
proved. 

LEAVE    OF   ABSENCE. 

On  motion  of  Mr.  KINKEAD,  leave  of  ab- 
sence for  to-day  was  granted  to  Mr.  Nourse. 

Mr.  TOZER  asked  leave  of  absence  for  him- 
self, for  to-day,  which  was  granted. 

On  motion  of  Mr.  DeLONG,  leave  of  absence 
for  to-day  was  granted  to  Messrs.  Chapin,  Fitch, 
and  Ball. 

Mr.  McCLINTON.  I  have  already  staid  here 
longer  than  I  expected  to  when  I  came,  and  as 
I  have  some  other  duties  to  attend  to — matters 
which  cannot  be  neglected — I  ask  indefinite 
leave  of  absence  ;  promising,  however,  that  if 
possible,  I  will  remain  until  the  Convention 
shall  finally  adjourn,  and  will  be  in  attendance 
as  much  as  possible  at  all  times ;  and  iu  any 
case  I  will  not  be  away,  if  I  find  that  my  pres- 
ence is  absolutely  necessary  to  preserve  a  quo- 
rum, so  as  to  enable  the  Convention  to  proceed 
with  its  business. 


The  question  was  taken,  and  indefinite  leave 
of  absence  was  granted  to  Mr.  McClinton,  in 
accordance  with  his  request. 

On  motion  of  Mr.  BRADY,  leave  of  absence 
for  to-day  was  granted  to  Mr.  Belden. 

Prayer  was  otlered  by  the  Rev.  Mr.  NIMS. 


Mr.  DeLONG.  By  request,  I  ofter  this  reso- 
lution : 

Resolved,  That  there  be  appointed  by  the  President 
a  Committee  on  Schedule,  to  be  composed  of  one  mem- 
ber from  each  county  represented,  with  instructions  to 
report  as  early  as  possible— the  President  to  be  a  mem- 
ber thereof. 

Mr.  DUN^E.  I  think  it  will  be  necessary  to 
take  up  one  portion  of  the  Schedule  separately, 
because  there  is  a  portion  of  it  which  will 
necessarily  involve  the  necessity  of  consider- 
able figuring. 

Mr.  DeLONG.  The  committee  will  be  a 
general  committee,  and  can  be  subdivided. 
They  can  select  a  certain  number  of  the  com- 
mittee, and  set  them  specially  to  doing  the 
work  which  the  gentleman  refers  to. 

The  question  was  taken,  and  the  resolution 
was  adopted. 

The  PRESIDENT  subsequently  appointed  as 
the  committee,  under  the  resolution,  Messrs. 
DeLong,  of  Storey  ;  Dunne,  of  Humboldt ;  Ken- 
nedy, of  Lyon;  Haines,  of  Douglas  ;  Wetherill, 
of  Esmeralda  ;  Warwick,  of  Lander  ;  Belden, 
of  Washoe  ;  Lockwood,  of  Ormsby  ;  Proctor, 
of  Nye  ;  and  Murdock,  of  Churchill. 


Mr.  COLLINS.  I  offer  the  following  resolu- 
tion : 

Resolved,  That  a  Committee  of  five,  on  Education, 
be  appointed  by  the  President,  with  instructions  to 
report  as  soon  as  practicable — the  President  to  be  added 
thereto. 

Mr.  WARWICK.  I  will  suggest  to  the  mover 
of  that  resolution  that  that  will  make  a  com- 
mittee of  six. 

Mr.  COLLINS.     I  have  no  objection  to  that. 

Mr.  WARWICK.  I  would  suggest  that  we 
have  a  committee  of  five,  including  the  Presi- 
dent. 

Mr.  COLLINS.  Very  well;  I  will  accept 
that. 

The  PRESIDENT.  It  occurs  to  me  that  this 
is  a  very  important  committee — that  matters  of 
the  greatest  importance  will  come  under  its  su- 
pervision. I  think  a  committee  of  five  would 
scarcely  give  the  Convention  a  fair  representa- 
tion, and  I  will  suggest  that  it  be  increased  to 

Mr.  COLLINS.     I  will  agree  to  that. 

Mr.  WARWICK.  I  will  suggest  the  follow- 
ing as  a  substitute,  if  the  gentleman  from  Storey 
will  accept  it : 

Resolved,  That  a  committee  of  seven,  to  include  the 
President,  be  appointed  by  the  President,  on  Educa- 
tion, with  instructions  to  report  as  soon  as  practicable. 

Mr.  COLLINS.     I  accept  it. 

Mr.  DUNNE.    I  do  not  perceive  that  it  is 


448 


PACIFIC  RAILROAD. 


[13th  day. 


Monday,]        Colliss-Hawlet-Banks-Tozer-Stititevant-Gibson-Hovey.  [July  18. 

necessary  to  have  that  committee  appointed,  |     The   question  was  taken,  and  the  resolution 
nnrl  1  reiUv  think  it  will  delay  our  proceedings  j  was  adopted. 

verv  n  uc       I  know  there  are  subjects  involved       The  PRESIDENT  subsequently  appointed  as 
whk'h  will'  have  to  be  discussed,  and  they  will   the   committee,   under  the   resolution 


be  discussed  just  as  much  on  the  report  of  a 
committee  as  they  would  without.  Many  mem- 
bers are  alreadv  on  different  committees,  and  i 
doubt  verv  much  whether  it  will  not  delay  our 
action.  I'do  not  believe  there  is  any  necessity 
for  such  a  committee. 

Mr  COLLINS.  I  was  moved  to  present  that 
resolution  on  account  of  the  present  change  in 
our  Constitutional  provision  in  regard  to  taxa- 
tion. The  Article  on  Education,  in  the  old  Con- 
stitution, was  based  upon  the  idea  of  the  gen- 
eral taxation  of  the  mines,  and  it  occurred  to 
me,  not  only  in  that  respect,  but  also  in  regard 
to  the  various  provisions  in  our  public  land 
system,  that  the  article  might  require  a  good 
deal  of  alteration.  I  thought,  therefore,  that  a 
Committee  might  lav  the  foundation,  at  least, 
so  as  to  have  the  Article  on  Education  perfectly 
consistent  with  the  present  Constitution,  and 
thereby  save  a  great  deal  of  the  time  of  the 
Convention.  I  do  not  urge  the  matter,  how- 
ever ;  the  only  object  I  had  in  view  was  to  fa- 
cilitate and  hasten  our  business,  and  I  do  not 
know  but  the  gentleman  from  Humboldt  is  cor- 
rect in  saying  that  it  will  not  save  time  or  avoid 
discussion.  The  idea  I  had  was  to  remodel  that 
Article,  so  as  to  be  in  harmony  with  the  general 
arrangement  of  the  Constitution. 

Mr.  HAWLEY.  I  wish  to  ask  a  question. 
The  gentleman  from  Storey  (Mr.  Collins)  refers 
to  the  ditlerent  manner  in  which  the  public 
lands  are  proposed  to  be  disposed  of  by 
the  present  Constitution,  as  I  understand  him  ; 
I  would  ask  whether  the  clause  proposing 
to  o-ive  the  five  hundred  thousand  acres  of 
land  to  the  Pacific  Railroad  Company,  for 
railroad  purposes,  has  not  been  entirely  done 
away  with  ? 

Mr.  COLLINS.  No,  sir  ;  I  think  not.  Every 
State  receives,  by  virtue  of  its  becoming  a  State, 
five  hundred  thousand  acres  of  land  from  the 
General  (Government,  for  school  purposes,  if  I 
am  not  greatly  mistaken.  1  know  I  gave  atten- 
tion to  that  subject  in  tlic  last  Convention,  and 
I  am  impressed  with  tlie  idea  that  this  five  hun- 
dred tlioiisand  acres  of  land  is  a  donation  for 
internal  improvements,  but  we  also  get  the  six- 
teenth and  thirty-sixth  sections  of  land  in  each 
township  for  school  purposes,  and  this  five  hun- 
^dred  thousand  acres  of  land,  given  for  internal 
improvement,  was  also  applied  for  school  pur- 
poses. Then,  in  addition  to  that,  we  get  thirty- 
six  thousand  acres  lor  each  member  of  Congress, 
for  an  Agricultural  College,  if  I  am  not  mis- 
taken. 

Mr.  BANKS.  Independently  of  the  policy 
involved.  I  hope  the  committee  will  be  ap- 
pointed, for  the  purpose  of  rep(H-ting  the  facts 
necessary  for  us  to  know  in  order  to  take  intel- 
ligent action  c)n  the  suljject.  I  hope  the  com- 
mittee will  be  appointed  for  that  purpose,  if  for 
no  other. 


Collins,  Ilawley, 
ton,  and  Folsom. 


Crawford,  Crosman, 


Messrs. 
McClin- 


FIXANCE  AND  STATE  DEBT. 

Mr.  TOZER.  from  the  Committee  on  Engross- 
ment, reported  correctly  engrossed  Article  IX, 
entitled  Finance  and  State  Debt. 

Mr.  TOZER.  In  connection  with  this  report 
from  the  Engrossing  Committee,  I  beg  leave  to 
say,  that  Section  3,  of  Article  IX,  refers  to  that 
clause  of  the  preceding  article,  which  provides 
for  a  donation  of  three  millions  of  dollars  to 
the  Pacific  Railroad,  and  it  may  be  proper  to 
amend  that  section  at  some  subsequent  stage.  I 
call  attention  to  the  matter  now,  in  order  that 
some  other  member  may  move  an  amendment, 
if  it  is  thought  proper,  as  I  may  not  be  here 
when  the  subject  comes  up. 

Mr.  KINKEAD.  It  will  have  to  be  corrected, 
undoubtedly,  to  correspond  with  the  preceding 
Article. 

Mr.  TOZER.  Since  this  Article  was  ordered 
engrossed,  the  clause  to  which  I  have  alluded 
was  stricken  out  of  the  preceding  Article — the 
clause  providing  for  a  donation  of  three  million 
of  dollars  to  the  Railroad. 

Mr.  STURTEVANT.  It  appears  to  me  a  little 
awkward,  now,  inasmuch  as  this  Article  has 
been  engrossed. 

Mr.  GIBSON.  This  Article  is  correctly  en- 
grossed. The  amendment  was  made  in  the  other 
Article. 

Mr.  TOZER.  This  Article  was  passed  to  en- 
grossment previously,  and  it  has  been  correctly 
engrossed  as  passed.  But  in  consequence  of  the 
amendment  to  the  preceding  Article,  in  order  to 
be  consistent  this  Article  should  be  amended 
when  it  comes  up  on  its  final  reading,  and  I 
presume  it  will  then  be  within  the  power  of  the 
Convention  to  amend  it  so  as  to  correspond. 

The  PRESIDENT.  It  can  undoubtedly  be 
amended  hereafter. 

PACIFIC   RAILROAD. 

The  SECRETARY,  (by  leave  of  the  Conven- 
tion,) stated  that  Article  VIII  had  been  retained 
in  his  hands,  and  not  handed  to  the  Committee 
on  Engrossment  for  the  reason  that  the  gentle- 
man from  Storey,  (Mr.  Fitch,)  had  given  notice 
of  his  intention  to  move  a  reconsideration  of 
the  vote  upon  the  adoption  of  section  nine  of 
that  article.  Subsequently,  the  motion  to  recon- 
sider was  made  and  carried,  and  a  motion  to 
recommit  with  instructions  to  strike  out  a  por- 
tion of  that  section  prevailed,  but  a  motion  to 
insert  other  words  was  lost.  At  that  stage,  all 
further  action  upon  the  section  was  suspended, 
and  the  Secretary  now  desired  to  know  what 
further  disposition  should  be  made  of  the  article. 

Mr.  110 VEY.  It  occurs  to  me  that  we  have 
have  not  yet  finished  the  consideration  of  that 


13tli  day.] 


TAXATION. 


449 


Monday,]  Brosnan— President — Eael — Crosman^Hawlet — Banks — Crawford,  etc.   [July  18. 


article,  and  that  further  action  remains  to  be 
had  upon  it  by  the  Convention. 

Mr.  BROSNA\.  My  colleague,  (Mr.  Fitch,) 
informed  me  that  he  did  not  intend  to  press  his 
motion  to  reconsider. 

The  PRESIDENT.  If  I  am  not  mistaken,  the 
gentleman  from  Storey  informed  the  Conven- 
tion that  he  withdrew  the  motion  to  reconsider. 

Mr.  EARL.  I  move  that  the  article  be  or- 
dered to  engrossment. 

The  PRESIDENT.  The  Chair  will  state  to 
the  gentleman  that  it  will  be  in  order  to  move 
to  order  the  article  to  be  engrossed  at  a  proper 
time,  but  there  is  another  matter  now  under 
consideration. 

Mr.  CROSMAN.  My  recollection  is  that  Sec- 
tion 9  of  Article  VIII  has  never  been  adopted. 
My  impression  is.  that  at  the  time  of  our  ad- 
journment we  had  arrived  at  that  point  in  the 
consideration  of  the  article,  but  it  was  not  acted 
upon.  I  desire  to  see  some  further  amendment 
made  to  that  article,  and  therefore  I  want  it  to 
come  up  in  its  regular  order. 

The  PRESIDENT.  The  Chair  will  state,  in 
order  that  gentlemen  may  understand  the  posi- 
tion of  Article  VIII,  that  it  had  been  ordered 
engrossed,  and  came  up  on  its  third  reading, 
when  the  gentleman  from  Storey,  (Mr.  Fitch,) 
moved  to  recommit  it  with  instructions.  The 
motion  to  recommit  was  lost,  but  a  motion  to 
strike  out  a  certain  portion  was  carried.  The 
gentleman  Irom  Storey  then  gave  notice  of  his 
intention  to  move  a  reconsideration,  but  subse- 
quently he  withdrew  that  notice.  The  article 
was  on  its  third  reading,  and  had  been  read 
down  to  and  including  section  nine,  and  when 
it  comes  up  again  it  will  be  on  its  third  reading, 

Mr,  HAWLEY,  I  wish  to  give  notice  to  the 
Convention  that  I,  or  some  one  else,  will  pro- 
pose an  amendment  to  that  section,  with  the 
view  of  granting  State  aid  to  a  certain  railroad. 

The  PRESIDENT.  Notice  is  not  necessary. 
The  amendment  can  be  moved  when  the  article 
comes  up.  and  it  cannot  come  up  at  this  time 
without  a  suspension  of  the  rules, 

Mr,  EARL.  Is  my  motion  to  order  the  arti- 
cle engrossed  in  order  at  this  time  ? 

The  PRESIDENT.  No,  sir  ;  we  are  now 
considering  the  subject  of  the  engrossment  of 
another  Article. 

Mr.  BANKS.  What  is  now  before  the  Con- 
vention? 

The  PRESIDENT.  The  Committee  on  En- 
grossment have  reported  Article  IX.  The 
Secretary  having  concluded  the  reading  of  the 
report,  the  article  goes  upon  the  general  tile, 

TAXATION, 

Mr.  BANKS.  On  Saturday  last  I  moved  to 
indefinitely  postpone  a  motion  to  reconsider 
the  adoption  of  Article  X,  entitled  Taxation, 
With  the  consent  of  the  Convention  I  will  now 
■withdraw  that  motion. 

No  objection  being  made,  the  motion  was 
withdrawn. 

A3 


Mr,  CRAWFORD.  I  gave  notice  on  Satur- 
day that  I  would  move  that  reconsideration, 
but  not  desiring  to  occupy  the  valuable  time  of 
the  Convention  further  in"  the  discussion  of  the 
question,  I  beg  leave  to  withdraw  my  notice 
of  reconsideration,  and  ask  to  have  my  vote 
changed  from  the  affirmative  to  the  negative  on 
the  passage  of  that  article. 

No  objection  being  made,  Mr.  Crawford's 
name  was  directed  to  be  recorded  in  the  nega- 
tive upon  that  vote. 

Mr.  DkLONG  asked  leave  to  withdraw  his 
motion  to  reconsider,  and  no  objection  being 
made  the  motion  was  withdrawn. 

Mr.  HAINES.  I  was  not  present  on  Saturday 
when  the  vote  was  taken  on  Article  X,  and  I 
ask  leave  to  have  my  vote  recorded  in  the  neg- 
ative. 

Leave  was  granted,  and  Mr.  Haines'  vote  was 
directed  to  be  recorded  accordingly. 

Mr.  DeLONG.  I  voted  in  the  affirmative  on 
the  amendment  offered  by  the  gentleman  from 
Washoe,  (Mr,  Nourse,)  for  the  purpose  of  mov- 
ing a  reconsideration.  As  that  places  me  a  lit- 
tle crooked  on  the  record,  with  the  leave  of  the 
Convention,  I  would  like  to  change  that  vote 
from  the  affirmative  to  the  negative. 

No  objection  being  made,  the  change  was  ac- 
cordingly directed  to  be  luiide  on  the  record. 

Air,  D'eLONCt.  I  prestuue  that  under  the 
operation  of  the  rule.  Article  X  now  goes  at 
once  to  the  Engrossing  Committee  ;  I  ask  the 
Chair  if  that  is  the  case  ? 

The  PRESIDENT,  Yes,  sir  ;  if  there  is  no 
objection  it  will  be  so  referred. 

The  article  was  referred  accordingly, 

Mr,  TOZER,  The  Committee  on*  Engross- 
ment, to  which  was  referred  Article  X,  entitled 
Taxation,  beg  leave  to  report  that  that  article 
is  correctly  engrossed, 

Mr,  DeLONG,  Now,  in  order  that  this  thing 
may  be  passed,  and  that  we  may  have  no  fur- 
ther trouble  on  its  account,  and  that  it  may  be 
out  of  the  minds  of  members,  I  ask  that  it  be 
put  upon  its  third  readini;  and  passage  now. 

The  PRESIDENT,  It'^will  be  neces.sary  to 
suspend  the  rules, 

Mr.  DeLONG.     I  make  that  motion. 

The  question  was  stated  on  the  motion  to 
suspend  the  rules. 

Mr.  STURTEVANT.  I  would  like  to  know 
how  that  Article  came  to  be  engrossed,  and  by 
what  order  ? 

Mr.  DeLONG.  It  was  ordered  engrossed  by 
the  Convention,  and  the  report  was  made  after 
that  order. 

Mr,  STURTEVANT,  But  how  came  it  to  be 
actually  engrossed,  and  by  what  order  ? 

Mr,  TOZER,  It  was  ordered  engrossed  within 
the  last  five  minutes. 

The  PRESIDENT.  The  Chair  thinks  no  ques- 
tion can  be  raised,  inasmuch  as  there  was  no 
objection  to  receiving  the  report  of  the  Com- 
mittee on  Engrossment. 

Mr.  DeLONG.  Under  the  rules,  as  soon  as 
the  volic  wa3  taken,  on  Satuvdav,  the  article 


450 


FINANCE— CORPORATIONS. 


[13th  day.. 


Monday,]      Stcetevant—DeLong—Tozer—Pakker— Banks— Lockwood— Gibson.        [July  18. 


would  necessarily  go  to  the  Engrossing  Com- 
mittee, were  it  not  fur  the  notice  of  reconsider- 
ation, -which  wouhl  naturally  hold  it  over  until 
to-day,  but  the  Engro.ssing  Committee  never- 
theless had  it  engrossed,  and  to-day,  when  it 
was  referred  to  tliat  Committee,  the  manual 
labor  of  engrossing  it  had  already  been  per- 
formed. It  was  only  necessary  then  as  a  mat- 
ter of  form  to  report  it  back  as  correctly  en- 
grossed. I  assure  the  gentleman  from  Washoe 
that  it  is  all  regular ;  the  article  has  pursued 
its  regular  conrse. 

Mr.  STURTEYANT.  It  may  be  all  regular, 
but  I  do  not  see  the  point.  It  was  ordered  en- 
grossed to-day,  and  it  had  no  business  to  be  en- 
grossed before. 

Mr.  DeLONC  There  is  nothing  unusual  in 
that. 

Mr.  TOZER.  If  the  Engrossing  Committee 
should  see  fit  to  engross  the  Constitution  of  the 
United  States,  I  do  not  know  that  the  gentleman 
from  Washoe  would  have  a  right  to  complain 
or  object. 

Mr.  STURTEYANT.  Exactly;  but  I  just 
want  to  show  the  absurdity  of  it.  The  Com- 
mittee had  engrossed  it,  when  they  had  no  right 
to  suppose  that  it  would  not  be  reconsidered. 

Mr.  PARKER.  I  believe  the  Article  has  been 
in  the  hands  of  the  Engrossing  Committee  about 
five  minutes,  since  the  gentleman  withdrew  his 
notice  that  he  would  to-day  move  a  reconsider- 
ation, and  I  do  not  suppose  that  it  is  the  busi- 
ness of  the  Convention  to  inquire  whether  or 
not  the  Engrossing  Committee  were  able  to 
have  it  engrossed  in  that  time,  so  long  as  it  is 
in  fact  correctly  engrossed. 

Mr.  STURTEVANT.  After  that  explanation 
I  withdraw  my  objection  to  the  absurdity  of 
the  thing,  and  give  the  Committee  credit  for 
very  quick  work. 

Mr.  BANKS.  If  now  any  gentleman  wishes 
to  test  this  matter  further,  I  will  vote  against 
any  suspension  of  the  rules  in  order  to  give 
him  a  fair  oi)portunity. 

Mr.  DeLCNG.  So  will  I.  What  I  want  is 
t(j  facilitate  Inisiness,  ])ut  if  any  gentleman 
does  not  actpiiesce  in  the  former  action  of  the 
Convention,  or  is  at  all  anxious  to  test  the  mat- 
ter further,  I  will  vote  against  the  suspension  of 
the  rules. 

Mr.  LOCKWOOD.  I  will  state  that  there  is 
at  least  one.  Not  that  I  wish  to  delay  the  Con- 
vention, however. 

Mr.  BANKS.  Very  well  ;  I  will  vote  against 
suspending  the  rules. 

Mr.  DeLONG.  I  will  withdraw  my  motion 
for  a  suspension  of  the  rules. 

[Mr.  Banks  in  the  Chair.] 

The  PRESIDENT  asked  leave  of  absence  for 
himself  for  this  afternoon,  stating  that  he  had 
business  which  imperatively  re(piired  his  at- 
tendance elsewhere. 

Leave  of  absence  was  granted  accordingly. 

FINANCE  AND  STATE  DEHT. 

The  Convention  proceeded  to  the  consider- 


ation of  business  on  the  general  file,  and  Article 
IX,  entitled  Finance  and  State  Debt,  came  up  on 
its  third  reading. 

The  SECRETARY  read  the  article  as  en- 
grossed, as  far  as  and  including  Section  3,  which 
reads  as  follows  : 

Section  3.  For  the  purpose  of  enabling  the  State  to 
transact  its  business  upon  a  cash  basis,  from  its  organ- 
ization, the  State  may  contract  jiubUc  debts ;  but  such 
debts  shall  never  in  the  aggregate,  exclusive  of  inter- 
est, exceed  the  sum  of  three  luuidred  thousand  dollars, 
except  for  the  purpose  of  defraying  extraordinary  ex- 
l^enses,  as  hereinafter  mentioned  ;  prnvided,  that  the 
further  amount  of  indebtedness  authorized  by  Article 
VIII,  of  this  Constitution,  shall  be  deemed  legal  and 
valid  whenever  said  debt  shall  be  incurred  in  accord- 
ance with  the  provisions  therein  expressed ;  and  said 
debts  shall  be  separate  and  independent  of  the  State 
debt  herein  iirovided  for.  Every  such  debt  shall  be 
authorized  by  law  for  some  purjjose  or  purposes,  to  be 
distinctly  specified  therein,  and  every  such  law  shall 
provide  for  levying  an  annual  tax  sufficient  to  pay  the 
interest  semi-annually,  and  the  principal  within  twenty 
years  from  the  passage  of  such  law,  and  shall  speciaDy 
appropriate  the  laroceeds  of  said  taxes  to  the  payment 
of  said  principal  and  interest;  and  such  aijpropriation 
shall  not  be  repealed,  uor  the  taxes  be  laostponed  or 
diminished  vmtil  the  principal  and  interest  of  said 
debts  shall  have  been  wholly  paid.  Every  contract  of 
indebtedness  entered  iuto  or  assumed  by  or  on  behalf 
of  the  State,  when  all  its  debts  and  liabiUties  amount 
to  said  sum  before  mentioned,  shall  be  void  and  of  no 
effect,  except  in  cases  of  money  borrowed  to  repel  in- 
vasion, suppress  insurrection,  defend  the  State  in  time 
of  war,  or,  if  hostilities  be  threatened,  provide  for  the 
jjublic  defense. 

Mr.  DeLONG.  I  move  to  amend  this  Section 
by  striking  out  these  words  : 

"Provided,  That  the  further  amount  of  indebted- 
ness authorized  by  Article  VIII,  of  this  Constitution, 
shall  be  deemed  legal  and  valid  whenever  said  debt 
shall  be  incurred  in  accordance  with  the  provisions 
therein  exjiressed ;  and  said  debts  shall  be  separate  and 
independent  of  the  State  debt  herein  ijrovided  for." 

That  paragraph  ought  to  come  out,  for  the 
reason  that  we  have  knocked  out  the  Pacific 
Railroad  clause  to  which  it  refers. 

Mr.  GIBSON.  I  move  that  this  article  be 
laid  upon  the  table  until  we  have  passed  Arti- 
cle YIII.  I  do  not  think  we  can  act  under- 
standingly  upon  it  until  then. 

By  general  consent  the  article  was  laid  on 
the  table  temporarily. 

MUNICIPAL    AND    OTHER    CORPORATIONS. 

[The  President  in  the  Chair.] 

The  Convention  took  up,  on  its  third  reading, 
Article  YIII,  entitled  Municipal  and  other  Cor- 
porations. 

The  PRESIDENT.  This  article  has  been 
read,  I  believe,  down  to  Section  9,  upon  its 
third  reading. 

Mr.  HOYEY.  There  was  a  motion  to  recom- 
mit Section  i),  for  amendment,  but  Section  6  I 
think  was  jiasscd  over  and  not  read. 

The  SECRETARY.  The  article  was  on  its 
third  reading,  and  the  Secretary  had  finished 
reading  Section  9,  when  the  gentleman  from 
Storey  (Mr.  Fitch)  moved  to  recommit  with  in- 
structions to  strike  out  all  after  the  word  '•  pro- 
vided,"' and  insert  other  words.  The  motion 
was  divided,  and  the  proposition  to  strike  out 


13th  day.] 


BANKING. 


451 


Monday,] 


Brosxax—DeLong— Collins— Folsom—Sturtevant—Crosman. 


[July  18. 


prevailed,  but  the  proposition  to  insert  did  not 
prevail.  Ai.  that  stage  the  Convention  ad- 
journed. That  leaves  the  section  to  stand  as 
follows  : 

Sec.  9.  The  State  shall  not  donate  or  loan  money  or 
its  credit,  subscribe  to  or  be  interested  In  the  stock  of 
any  company,  association  or  corporation,  except  cor- 
porations formed  for  educational  or  charitable  pur- 
poses. 

BANKING   SYSTEM. 

Mr.  BROSNAN.  I  intended  to  offer  a  sub- 
stitute for  Section  6,  at  the  time  when  my  col- 
league (Mr.  Fitch)  moved  his  amendment  to 
Section  9.  I  then  suggested  my  amendment, 
but  the  President  stated  that  it  could  be 
amended  as  well  afterwards. 

Mr.  DeLOXG.  I  think  my  colleague  can 
reach  what  he  desires  by  now  making  a  motion 
to  recommit  the  section  with  instructions  to 
amend. 

Mr.  BROSNAN.  I  will  move  that  Section  6. 
of  Article  VIII,  be  recommitted  with  instruc- 
tions to  strike  out  Section  C,  and  insert  instead 
the  following  sections  : 

Section  G.  Associations  or  corjioratious  for  banking 
purposes  may  be  formed  under  general  laws,  and  the 
Legislature  shall  provide  by  law  for  the  registry  of  aU 
bills  or  notes  issued  or  put  in  circulation  as  money, 
and  shall  require  ample  security  for  the  redemption  of 
the  same  in  sjiecie. 

Section  7.  In  case  of  the  insolvencj'  of  any  bank 
or  banking  association,  the  bill-holders  thereof  shall 
be  entitled  to  preference  in  payment  over  all  other 
creditors  of  such  banks  or  banking  associations. 

Mr.  COLLINS.  I  would  like  to  hear  the  gen- 
tleman's reasons  for  introducing  that  proposi- 
tion. 

Mr.  DeLONG.  I  will  move  as  an  amend- 
ment to  the  amendment  of  my  colleague,  that 
Article  VIII  be  referred  to  the  Committee  of  the 
Whole,  with  instructions  to  strike  out  Section  6. 

Mr.  BROSNAN.  If  my  colleague  offers  that 
as  an  amendment  I  will  accept  it. 

Mr.  FOLSOM.  Will  the  Secretary  read  the 
section  proposed  to  be  stricken  out  ? 

The  Secretary  read  as  follows  : 

Section  6.  No  bank  notes  or  paper  of  any  kind 
shall  ever  be  permitted  to  circulate  as  money  in  this 
State,  except  the  Federal  currency  and  the  notes  of 
banks  authorized  under  the  laws  of  Congress. 

Mr.  COLLINS.  Do  I  understand  that  the 
striking  out  ot  this  section  will  give  the  Legis- 
lature unqualified  power  to  set  in  motion,  with- 
out any  restriction  whatever,  a  system  of  bank- 
ing? If  so,  it  may  work  well  and  it  may  not, 
but  at  all  events  it  is  rather  an  injportant  move, 
and  I  hope  this  Convention  will  not  adopt 
it  without  due  consideration.  Generally,  I  be- 
lieve, when  banking  sj'stems  are  permitted,  in 
the  organization  of  new  States,  they  are  limited 
somewhat  ;  but  here,  by  striking  out  that  sec- 
tion, we  leave  the  whole  matter  entirely  open 
to  the  Legislature  to  institute  such  a  system  of 
banks  as  they  please,  without  any  restrictions. 
They  might  attempt  this  experiment  under  the 
most  trying  circumstances,  and  when  money 
shall  be  abundant,  and  prices  inflated  indefin- 
itely, it  may  prove  to  be  dangerous  if  not  dis- 


astrous. I  do  not  know  but  it  is  all  right,  but 
still  I  would  like  to  have  it  looked  after  a  lit- 
tle. I  should  be  better  prepared  to  vote  upon 
the  proposition  after  hearing  the  views  of  other 
gentleman  on  the  matter.  I  might  be  pre])ared 
for  some  such  alteration  as  that  originally  pro- 
posed by  my  colleague,  (Mr.  Brosnan),'but  I 
thinkit  would  be  preferable  to  let  the  section 
stand  as  it  is,  rather  than  strike  it  out  alto- 
gether. Now  in  the  Eastern  States  we  know 
there  has  been  a  jealousy  by  the  State  against 
the  national  banks,  and  the  national  banking 
associations  have  encountered  a  great  deal  of 
difficulty  in  setting  in  motion  that  banking  sys- 
tem which  has  been  organized  by  Congress, 
and  which  I  think  is  the  most  perfect  system  of 
banking  that  has  ever  yet  been  discovered — a 
system  which  pledges  the  entire  taith  of  the 
nation  for  the  redemption  of  the  bills  issued. 
But  I  do  not,  at  this  moment,  feel  prepared  to 
strike  out  this  provision  in  Article  VIII.  and 
without  further  reflection  to  give  the  Legisla- 
ture the  right  to  establish  a  system  of  State 
banks,  which  would  be  at  war  with  the  national 
banks,  authorized  by  Congress,  as  our  metallic 
currency  to-day  is  warring  against  the  national 
currency.  I  think  it  is  a  matter  of  too  much 
moment  to  be  passed  by  without  serious  reflec- 
tion. This  section  proposed  to  be  stricken  out 
says : 

No  bank  notes,  or  paper  of  any  kind,  shall  ever  be 
permitted  to  circulate  as  money  in  this  State,  except 
the  Federal  currency  and  the  notes  of  banks  author- 
ized under  the  laws  of  Congress. 

Now,  the  financial  officers  of  the  Federal 
Government  have  found  themselves  exceed- 
ingly embarrassed  by  the  conflict,  the  strife, 
the  emulation,  and  even  the  hostility  which  a 
large  jjortion  of  the  State  banks  have  main- 
tained and  exercised  against  the  organization 
of  these  Federal  banks,  authorized  by  the  last 
Congress. 

Mr.  STURTEVANT.  By  permission  of  the 
Chair,  and  the  gentleman  from  Storey,  I  would 
like  to  hear  the  amendment  offered  by  the  other 
gentleman  from  Store}",  (3Ir.  Brosnan,)  read 
again. 

Mr.  COLLINS.  That  was  withdrawn,  and  the 
motion  now  is  merely  to  strike  out  the  section. 
I  am  not  disposed  to  make  a  speech  upon  the 
question,  and  I  believe  I  have  urged  all  the  ob- 
jections which  now  occur  to  my  mind  ;  but  I 
would  like  to  hear  the  views  of  my  colleague, 
(Mr.  DeLong.)  who  suggested  the  striking  out 
of  the  section. 

Mr.  DeLONG,  [in  his  seat.]  Certainly;  I 
will  give  my  I'easons  when  I  have  an  oppor- 
tunit}'. 

Mr.  CROSMAN.  To  a  great  extent,  I  must 
agree  with  the  gentleman  from  Storey,  (Mr. 
Collins,)  that  something  should  be  said  on  this 
subject  in  our  Constitution.  I  hold  in  my  hand 
the  Constitution  of  the  State  of  ^lichigan.  which 
contains  two  sections  that  would  come  in  here, 
I  think,  very  well.  They  embrace,  I  believe, 
the  substance    of   the    proposition    originally 


452 


BANKING. 


[13th  day. 


Monday,] 


DeLoxg — Crosman. 


[July  18. 


offered  by  the  gentleman  from  Storey.  (Mr. 
Bro!sium.)'but  the  language  is  a  little  different. 
I  will  read  them  : 

Sec.  4.  The  Legislature  shall  pro\'ide  by  law  for 
the  registry  of  all  bills  or  notes  issued  or  put  in  circu- 
latiou"as  nioney,  and  shall  require  security  to  the  full 
amount  of  notes  aud  bills  so  registered,  in  State  or 
United  States  stocks,  bearing  interest,  which  shall  be 
deposited  with  the  State  Treasurer  for  the  redemption 
of  such  bills  or  notes  in  specie. 

Sec.  5.  In  case  of  the  insolvency  of  any  bank  or 
banking  association,  the  bill-holders  thereof  shall  be 
entitled  to  preference  in  payment  over  all  others  credi- 
tors of  such  bank  or  association. 

Mr.  DeLONG.  I  will  state  that  in  the  first 
place  my  object  in  moving  to  strike  out  the 
section  was  this  :  The  whole  clause  is  a  pro- 
hibitory clause  upon  the  Legislature  and  the 
people'  forbidding  them  from  hereafter  exer- 
cising a  privilege  which  they  may  find  to  be 
wise,  and  decidedly  for  the  interest  of  the  com- 
munity. Why  should  we  attempt  in  this  matter 
to  reiiVesent  the  people  of  the  State  in  the  fu- 
ture, or  to  take  the  subject  out  of  the  bands  of 
those  whom  they  will  elect  as  their  representa- 
tives? Why  should  we,  at  this  stage  in  our 
country's  history,  say  that  for  all  time  to  come 
no  bank  notes  shall  ever  circulate  in  this  State 
as  currency,  except  they  be  the  currency  of  the 
United  States,  when  it  may  so  happen  that  all 
the  Federal  currency  may  become  extinct  by 
payment,  as  we  certainly  hope  will  be  the 
case  in  the  event  of  this  Government  sustaining 
itself  in  this  war  ?  In  that  event  there  will  be 
no  currency,  except  a  metallic  currency. 

Now  I  am  not  going,  in  the  remarks  I  make,  to 
travel  over  the  ground  which  I  have  once  fore- 
shadowed in  this  Convention.  California  has 
such  a  provision  as  this  in  her  Constitution,  with 
the  slight  exception,  however,  that  California 
does  not  except  the  Federal  currency,  but  pro- 
hibits the  circulation  of  bank  notes  or  paper  of 
anv  kind.  Every  thing  but  gold  and  silver  is 
excluded  from  circulating  as  money.  The  Con- 
stitution of  that  State  absolutely  forbids  every 
other  species  of  circulating  medium.  And  what 
has  been  the  consequence  ?  Why,  sir,  Califor- 
nia is  dragged  down — bound  to  the  wheel's  of 
tliree-per-ceut.  She  has  not  grown  and  flour- 
ished like  any  other  State  in  the  Union,  but  on 
the  contrary  she  has  been  retrograding  from  the 
commencement  of  her  history  until  the  present 
time,  and  her  course  is  still  backward.  Now  I 
do  not  want  to  launch  our  ship  of  state  upon  the 
same  waters,  and  place  it  under  the  control  of 
the  same  influences  wiiicli  I  know  have  blighted 
the  prospects  of  California.  I  would  like  to  see 
the  people  of  this  State  have  the  power,  if  they 
desire  it.  to  provide  for  establishing  some  other 
representative  of  value  besides  gold  and  silver. 
If  they  desire  it,  let  them  have  it ;  if  not,  of 
course  they  will  not  have  it. 

That  is  my  reason  for  moving  to  strike  out 
this  section.  I  insist  that  you  cannot  find  in  the 
civilized  world,  a  State  or  a  people,  other  than 
the  State  of  California,  and  the  people  on  this 
coast,  who  have  prohibited  paper  money,  or 
who,  if  deprived  to-day  of  every  other  repre- 


sentative of  value  except  gold  and  silver,  would 
not  at  once  find  all  their  material  interests 
greatly  crippled  and  injured.  Their  commerce, 
their  manufactures,  and  their  business  prospects 
of  every  character  and  description,  would  be 
immediately  blighted.  In  the  State  of  New 
York,  for  instance,  if  they  had  no  other  cur- 
rency to-day  than  gold  and  silver,  I  do  not  be- 
lieve the  ordinary  business  affairs  of  men  could 
be  carried  on,  and  I  believe  the  rate  of  interest 
on  money  there  would  immediately  become  the 
same  as  in  California,  on  account  of  the  scarcity 
of  the  precious  metals.  It  is  that  which  makes 
interest  high,  and  the  high  rate  of  interest  is 
what  compels  tis  to  do  without  those  im])rove- 
tnents  which  we  so  much  need.  That  is  what 
causes  all  manner  of  lousiness  among  us  to  drag 
along  with  difficulty,  and  often  to  stop  alto- 
gether. The  mechanic  goes  without  his  job 
and  the  laborer  without  employment  or  without 
his  hire,  and  every  kind  of  improvement  and 
development  that  does  not  promise  to  p.ay  the 
the  highest  current  rates  of  interest  on  the  capi- 
tal invested  must  be  abandoned,  or  never  en- 
tered into.  We  have  seen  this  difficulty  in 
California,  and  we  see  it  here.  I  have  labored 
zealously,  in  the  Legislature  of  California,  see- 
ing that  there  was  no  other  remedy,  to  secure 
the  passage  of  a  usury  law,  in  order  that  the 
capital  of  the  country  might  be  employed  in 
works  ot  public  utility,  such  as  the  building  of 
canals,  the  draining  of  swamp  lands,  and  the 
opening  up  of  the  hidden  sources  of  wealth  in 
that  State  ;  but  I  was  laughed  at  and  beaten 
down  by  the  money  influences  of  Sacramento 
and  San  Francisco,  brought  to  bear  in  that  Leg- 
islature. It  was  that  Constitutional  provision 
which  followed  the  State  like  a  curse.  I  ask 
gentlemen  here  to  leave  the  Legislature  of  this 
State  free,  if  the  people  shall  hereafter  desire  it, 
and  so  express  their  desire,  through  their  repre- 
sentatives, to  establish  a  different  financial  sys- 
tem. Leave  the  people  free  to  adopt  some  other 
representative  of  value  besides  gold  and  silver. 
But  I  am  somewhat  favorably  impressed  with 
the  proposition  of  my  friend  from  Lyon,  (Mr. 
Crosman.)  that  if  we  should  say  nolhlng  at  all 
about  banks,  and  thereby  permit  the  Legisla- 
ture to  establish  them,  if  the  people  wish  it,  it 
is  proper  that  they  should  be  restricted  in  re- 
spect to  the  issuance  of  bills.  If  banks  are  es- 
tablished here,  as  I  hope  they  will  be,  I  think 
they  should  be  restricted  in  that  respect,  and 
therefore  I  will  move  to  amend  so  that  the  in- 
structions to  the  Committee  of  the  Whole  will 
be  to  strike  out  Section  6  and  substitute  the  two 
sections  from  the  Constitution  of  Michigan, 
which  the  gentleman  has  read. 

Mr.  CROSMAN.  I  suggest  that  we  put  in 
there  the  words  "  in  its  discretion,"'  so  as  to 
read  :  "  The  Legislature  shall,  in  its  discretion, 
provide  Ijy  law."  etc. 

Mr.  DeLONG.  Very  well  ;  I  will  move  that 
this  Article  be  referred  to  the  Committee  of  the 
Whole,  with  instructions  to  strike  out  S(!ction  6, 
and  substitute  the  following  : 


13th  day.] 


BANKING. 


453 


Monday,] 


Brosnan—DeLoxg— Collins— Banks— Ha  wley—Crosman. 


[July  18. 


Section  6.  The  Legislature  may,  in  its  discretion, 
provide  by  law  for  the  registry  of  all  bills — 

No  ;  soniflhing  must  come  in  before  that. 

Mr.  BROSXAN.  I  think  the  gentleman  will 
find  that  those  sections  of  mine  just  cover  the 
ground. 

Mr.  DeLOXG.  Wait  a  moment.  I  find  here 
a  Constitutional  provision  which  I  like,  not  only 
making  the  securities  deposited  responsible  that 
the  notes  shall  be  redeemed,  but  also  making 
the  stockholders  individually  liable,  to  the 
amount  of  their  stock.  I  do  not  know  but  we 
should  adopt  something  of  that  kind. 

Mr.  COLLIXS.     What  are  the  securities  ? 

Mr.  BANKS.  Will  the  gentleman  read  the 
provision  ? 

Mr.  DeLONG.  There  are  several  sections, 
which  I  will  read  : 

Sec.  'S.     If  the  General  Assembly  shall  enact  a  gen- 
eral banking  law,  such  law  shall  ijrovide  for  the  regis-  J 
try  and  countersigning,  by  an  officer  of  the  State,  of  all ' 
paper  credit  designed  to  be  circulated  as  monej',  and 
aniijle  collateral  security,  readilj-  convertible  into  spe-  : 
cie.  or  the  redemption  of  the  same  in  gold  or  silver , 
shall  be  required,  which  collateral  security  shall  be  un- 
der  the  control  of  the  proper  officer  or  officers   of 
State.  i 

Section  4  provides  that  the  General  Assam- ! 
bly  may  also  charter  a  bank,  with  branches, ' 
etc.  I  do  not  know  that  we  want  that.  Section  5  , 
also  refers  to  branches.  Then  comes  a  pro-  i 
vision  which  I  like  :  I 

Sec.  6.     The  stockholders  in   every  bank  or  bank- 
ing  company  shall  be  individually  responsible  to  an 
amount  over  and  above   their   stock ,   equal  to  their  ' 
respective  shares  of  stock ,  for  all  debts  or  liabilities  of 
of  said  bank  or  banking  company. 

Mr.  HAWLEY.  Those  are  substantially  the 
provisions  of  the  banking  law  of  Louisiana, 
and  I  will  say,  that  after  a  residence  of  several 
years  in  that  State,  and  a  subsequent  acquaint- 
ance with  the  history  of  the  State,  I  can  assert 
without  fear  of  contradiction,  that  such  a  thing 
as  a  failure,  or  loss  by  holding  the  bills  of  a 
bank  of  that  State,  was  never  known  under 
those  provisions  ;  and  until  this  rebellion  broke 
out  the  notes  of  the  Louisiana  banks  were 
sought  for  throughout  the  entire  country,  at 
par. 

Mr.  DeLONG.  There  is  another  provison 
here  M'hich  I  like  first-rate  : 

Sec.  8.  Holders  of  bank  notes  shall  be  entitled, 
in  case  of  insolvency,  to  preference  of  payment  over 
all  other  creditors. 

That  is  a  good  provision,  and  there  are  some 
others  here  worthy  of  consideration.  I  wish 
that  the  Convention  would  go  into  Committee 
of  the  Whole  on  this  article,  without  any  in- 
structions. 

Mr.  CROSMAN.  I  suggest  that  the  motion 
to  recommit  be  withdrawn,  and  let  the  article 
be  referred  to  a  special  committee  of  five,  with- 
out instructions. 

Mr.  BROSXAX.  If  the  motion  to  recommit 
with  instructions  is  withdrawn.  I  will  move  to 
refer  the  article  to  a  committee  without  any 
special  instructions,  such  committee  to  report 
to-morrow  morning. 


Mr._  CROSMAN.  I  believe  Section  9  does 
not  give  satisfaction,  and  it  will  take  time  to 
discuss  it  to-day.  My  idea  is  that  we  had  bet- 
ter let  the  whole  article  be  referred. 

Mr.  BROSXAX.  I  wish  merely  to  state  to 
the  Convention  that  the  two  sections  which  I 
have  presented  here  are  copied  from  the  Con- 
stitution of  the  State  of  New  York.  In  that 
State  there  have  not  been,  since  the  adoption  of 
',  that  Constitution,  any  bank  failures,  or  if  there 
have  been  the  bill-holders  have  always  been 
secured,  because  the  banks  are  all  required  to 
deposit  with  the  Controller  or  Treasurer  of 
State  an  amoiint  of  State  or  United  States 
bonds  sufficient  to  cover  all  their  debts  or  issue, 
of  bills.  I  find  that  in  almost  all  the  States  of 
the  Union,  these  banking  institutions  are  not 
only  tolerated  but  fostered,  and  the  framers  of 
all  the  new  State  Constitutions  have  been  com- 
pelled to  throw  around  them  safeguards  for 
the  protection  of  bill-holders  and  depositors. 
These  safeguards,  it  seems  to  me,  are  abund- 
ant and  beneficent.  Now  we  have  copied  this 
clause  in  our  Constitution  from  the  Constitu- 
tion of  California,  but  at  the  time  when  the 
provision  in  the  Constitution  of  that  State  was 
adopted,  there  was,  as  is  well  known,  a  great 
deal  of  panic  in  the  Eastern  States,  growing 
out  of  failures  of  banking  institutions.  But 
since  then  those  institutions  have  been  remod- 
eled, and  there  is  no  longer  any  occasion  for 
such  a  panic.  Besides,  California  is  essentially 
different  from  us  in  so  many  respects  that  we 
ought  not  to  copy  from  her,  in  my  judgment,  in 
this  regard.  They  had  in  California  at  that 
time  an  abundance  of  money.  In  fact  their 
currency  was  carried  in  every  man's  pocket. 
Every  man  had  his  gold  dust  and  scale  gold, 
and  paid  it  out  as  he  received  it  from  his  cus- 
tomers. Gold  was  so  abundant  that  they 
thought  thev  never  would  need  to  have  banks. 

The  PRESIDENT.  The  Chair  understands 
that  the  gentleman  from  Lyon  (Mr.  Crosman) 
suggests  that  the  article  be  referred  to  a  com- 
mittee of  five.     Does  he  make  that  motion  ? 

Mr.  CROSMAN.  I  believe  it  is  not  in  order 
unless  the  other  motions  are  withdrawn. 

Mr.  DeLONG.  There  was  one  suggestion 
made  by  my  colleague  (Mr.  Collins)  which  I  did 
not  reply  to.  It  is  stated  here  that  the  paper 
currency  of  the  United  States,  and  the  notes 
issued  under  the  authority  of  the  Government, 
are  amply  sufficient,  without  the  establishment 
of  banks. 

Mr.  COLLINS.  My  colleague  did  not  under- 
stand me  ;  I  did  not  state  that. 

Mr.  DeLONG.  Very  well ;  it  has  been  so 
stated  by  others,  and  perhaps  that  is  the  reason 
why  I  mistook  my  colleague.  Now  the  simple 
and  conclusive  reply  to  that  is  this,  that  if  the 
private  banks  cannot  compete  with  the  Federal 
currency,  if  there  should  remain  a  paper  cur- 
rency amply  secured,  under  the  authority  ot 
the  Government,  the  j)euj)le  will  prefer  that  cur- 
rency, and  consequently  there  will  be  no  neces- 
sity for   private   banks,   and  they  will  all   be 


454 


BANKING. 


[13th  day. 


Monday,] 


DeLoxg— Earl— TozEii — Parker— McClinton. 


[July  18- 


driven  out,  as  they  are  in  other  States.  We  pro- 
pose here  onlv  to  give  the  power  to  the  people 
to  establish  them  if  they  should  be  required, 
and  I  think  the  time  may  come  when  they  will 
be  required.  If  the  Government  shall  be  suc- 
cessful in  this  war,  and  a  time  of  peace  shall 
follow,  it  will  very  soon  and  very  rapidly  ob- 
literate the  national  debt  now  in  existence,  and 
I  look  forward  to  the  time  when  there  will  be 
very  little  paper  currency  issued  by  the  Federal 
Government.  When  that  time  comes,  we  pro- 
pose to  leave  this  power  in  the  hands  of  the 
Legislature,  in  order  to  find  a  currency  in 
place  of  the  Federal  currency,  which  will  then 
be  withdrawn — something  to  serve  as  a  cur- 
rency in  place  of  gold  and  silver.  Then,  if  we 
strike  this  section  out.  the  people  through  their 
Legislature  may  establish  such  a  l)anking  sys- 
tem as  they  please.  Now  I  ask,  why  not  refer 
the  article  right  now  to  the  Committee  of  the 
Whole,  without  instructions,  and  then  let  us  fix 
this  section  as  we  want  it.  report  it  back  and 
pass  it  at  once,  while  our  attention  is  turned  to 
the  subject.  I  move  to  refer  the  article  to  the 
Committee  of  the  Whole,  without  instructions. 

The  PRESIDENT.  Is  the  motion  made  by 
the  gentleman  from  Storey  that  the  Convention 
now  resolve  itself  into  Committee  of  the 
Whole  ? 

Mr.  DeLONG.  No,  sir ;  the  motion  is,  that 
Article  VIII  be  referred  to  the  Committee  of 
the  Whole  without  instructions — the  whole  ar- 
ticle. 

LIMITATION   OF   DEBATE. 

Jlr.  EARL.  Before  going  into  Committee  of 
the  Whole  I  desire  to  oifer  a  resolution,  when  I 
can  obtain  leave  from  the  Convention. 

The  PRESIDENT.     The  resolution  may  be 
read  for  information. 
•     The  SECRETARY  read  as  follows  : 

Resolved,  That  debate  shall  be  restricted  to  ten  min- 
utes, the  same  restriction  to  be  applied  in  Committee  of 
the  Whole. 

Mr.  EARL.  I  believe  we  can  instruct  the 
Committee  of  the  Whole  in  respect  to  debate, 
as  well  as  anvthing  else. 

The  PPlKS'IDENT.  Is  there  any  objection  to 
considi'ring  the  resolution  now  ? 

Mr.  DeLUNG.  I  beg  leave  to  differ  with  the 
gentleman  who  offers  the  resolution.  It  is  not 
in  the  power  of  the  Convention  to  instruct  the 
Committee  of  the  Whole  in  respect  to  debate. 

Some  discussion  followed  on  the  question  of 
order  suggested. 

The  PRESIDENT.  Does  the  gentleman  ob- 
ject to  the  introduction  of  the  resolution? 

Mr.  DeLONG.     Only  on  that  ground. 

Several  other  gentlemen  objected. 

The  PRESIDENT.  The  resolution  cannot  be 
considered  without  unanimous  leave  of  the 
Convention. 

nANKIN'G    SY.STEM — AC  A  IN". 

Mr.  TOZER  made  an  explanation  in  regard 
to  the  engrossment  of  Article  Vlil.  The  anno- 
tations  and   interlineations   in   the    article,  he 


said,  had  been  very  numerous,  but  the  Com- 
mittee had  carefully  compared  it,  and  made 
various  corrections,  and  he  believed  it  had  been 
engrossed  in  exact  accordance  with  the  inten- 
tions of  the  Convention.  The  gentleman  from 
Storey  (Mr.  DeLong)  bad  made  a  remark,  either 
in  the  way  of  pleasantry  or  otherwise,  which 
he  thought  was  a  reflection  upon  the  Engross- 
ing Committee. 

Mr.  DeLONG  said  the  remark  he  had  made 
was  entirely  in  the  way  of  pleasantry,  and  cer- 
tainly was  not  intended  to  reflect  on  the  ability 
and  intelligence,  or  on  the  fidelity  of  the  Com- 
mittee. 

The  PRESIDENT.  Discussion  of  that  matter 
is  not  in  order.  The  question  before  the  Con- 
vention is  on  the  motion  to  refer  the  article  to 
the  Committee  of  the  Whole  without  instruc- 
tions. 

Mr.  PARKER.  Is  it  in  order  to  refer  the  ar- 
ticle without  instructions  ? 

The  PRESIDENT.  It  is,  if  no  gentleman 
raises  a  point  of  order. 

Mr.  PARKER.  I  will  raise  the  point  of  order 
that  it  is  entirely  out  of  order  to  refer  the  arti- 
cle without  instructions. 

The  PRESIDENT.  Gentlemen  of  the  Con- 
vention will  readily  see  that  the  point  of  order 
is  well  taken. 

Mr.  EARL.  I  move  that  the  article  be  re- 
ferred to  a  committee  of  seven. 

Mr.  DeLONG.  If  there  is  any  objection  I 
will  withdraw  my  motion,  but  it  might  have 
been  referred  by  general  consent.  My  idea 
was  that  in  Committee  of  the  Whole  we  could 
agree  upon  the  construction  of  the  section,  and 
do  it  all  in  a  few  minutes. 

The  PRESIDENT.  Does  the  gentleman  move 
a  suspension  of  the  rules,  in  order  to  refer  the 
article  without  instructions? 

Mr.  DeLONG.    I  will  make  that  motion. 

Mr.  McCLINTON.  I  am  opposed  to  referring 
this  Article  to  the  Committee  of  the  Whole, 
either  with  or  without  instructions — with  in- 
structions to  strike  out,  or  with  any  other  in- 
structions whatever.  We  have  already  decided 
upon  this  matter,  and  have  adopted  the  Article 
as  it  stands,  and  it  now  comes  up  regularly  on 
its  third  reading.  I  refer  now  to  Section  6,  of 
Article  VIII,  and  I  believe  at  the  time  of 
its  adoption  it  was  satisfactory  to  a  very  large 
majority  of  the  Convention.  Moreover,  I  be- 
lieve that  it  will  be  in  its  present  form  entirely 
satisfactory  to  a  large  majority  of  the  citizens 
of  this  State. 

Gentlemen  object  to  the  section  as  engrossed 
upon  the  ground  that  it  restricts  the  Legislature 
from  authorizing  the  establishment  of  banks,  in 
case  the  people  desire  it.  Now  I  object  to 
changing  the  jjrovision  from  its  present  form 
for  the  very  reason  that  I  am  satisfied  the  peo- 
ple want  to  see  the  power  of  the  Legislature 
restricted  on  this  matter.  I  believe  if  there  is 
any  one  thing,  one  right,  or  one  imaginary 
right — I  will  call  it  an  imaginary  right  for  the 
sake  of  the  argument — if  there  is  one  imagin- 


rath  day.] 


BANKING. 


455 


Monday,] 


Collins. 


[July  18. 


ary  right  of  which  the  people  are  more  jealous 
than  of  any  other,  it  is  this  right  to  keep  as  near 
as  they  possibly  can,  within  the  bounds  of  the 
laws  of  Congress,  to  a  metallic  currency.  Now 
I  do  not  want  to  see  the  powers  of  the  Legisla- 
ture restricted  in  matters  which  I  do  not  con- 
sider of  very  great  importance,  but  as  this  is  a 
matter  of  the  greatest  importance  to  the  inter- 
ests of  the  people  of  the  State.  I  do  want  to  see 
a  prohibitory  clause  in  this  Constitution  which 
will  prevent  the  Legislature  from  ever  institu- 
ting a  general  wildcat  system  of  banking  in 
this  new  State.  The  sections  read  b_v  the  gen- 
tleman from  Storey.  (Mr.  DeLong,)"froni  the 
Constitution.  I  believe,  of  the  State  of  Lou- 
isana,  are  excellent.  I  believe  they  are  among 
the  very  best  provisions  authorizing  banking 
systems  to  be  found  in  the  Constitution  of  any 
State  in  the  United  States.  Yet,  for  all  that,  I 
do  not  believe,  under  the  existing  circum- 
stances, that  it  is  the  best  thing  we  can  do  to 
authorize  any  system  of  banking,  or  the  circu- 
lation of  any  representative  of  money  except 
the  currency  of  the  United  States,  and  of  banks 
authorized  by  the  laws  of  Congress.  We  have 
already  done  that  m  Section  6,  as  it  has  been 
amended,  and  I  hope  we  shall  adhere  to  that 
provision  as  we  have  already  agreed  upon  it. 

Some  of  the  gentlemen  who  have  advocated 
the  change  now  proposed  to  be  made,  have  had 
an  eye  throughout  the  sitting  of  the  Convention 
to  the  future  adoption  of  this  Constitution  by 
the  people.  They  seem  to  regard,  as  a  matter 
of  the  greatest  importance,  the  securing  of  the 
adoption  of  this  instrument,  and  they  want  to 
direct  their  action  as  much  as  possible  to  that 
end.  Now,  Mr.  President,  I  do  not  doubt  that 
the  authorizing  of  the  establishment  of  banks 
in  this  State  by  a  provision  incorporated  in  this 
instrument,  would  be  the  greatest  death-blow  to 
this  Constitution  which  we  could  inflict,  for  the 
reason  that  while  I  am  satisfied  the  people 
of  this  Territory  are  willing  to  accept  the  Na- 
tional currency,  and  that  of  the  banks  author- 
ized by  Congress,  and  will  have  no  objection 
to  accepting  as  representatives  of  money  the 
bills  of  banks  so  authorized  by  the  laws  of 
Congress,  yet  I  am  equally  well  satisfied  that 
they  will  indignantly  frown  upon  any  Constitu- 
tion M'hich  would  authorize  the  Legislature  of 
this  State  to  inaugurate  a  general  system  of 
private  banking.  I  want  to  sustain  the  National 
currency,  and  for  that  one  reason,  almost  as 
much  as  anything  else.  I  do  not  want  to  author- 
ize a  system  of  banking  here  that  would  come 
into  conflict  with  that  National  currency,  and 
drive  it  out  of  circulation. 

These  are  my  opinions  in  brief,  and  I  am  will- 
ing that  this  matter  should  come  to  a  vote  im- 
mediately. I  would  rather  that  the  rules  should 
be  suspended  in  order  that  we  may  vote  on  it 
immediately,  because  I  do  not  believe  the  Con- 
vention desires  to  change  its  action  from  that 
which  it  has  already  adopted.  I  hope,  there- 
fore, that  the  rules  will  be  suspended,  and  that 
we  will  at  once  come  to  a  vote. 


Mr.  COLLINS.  Gentlemen  may  think  it 
strange  that  one  who  has  always  been  an  earn- 
est advocate  for  banks,  under  proper  restric- 
tions, should  have  called  upon  the  Convention 
to  consider  well  before  taking  action  upon  this 
matter.  I  am  opposed  to  the  establishment  of 
a  banking  system,  under  the  laws  of  this  pro- 
posed State,  because  I  think  that  there  is  at 
present,  or  will  be  in  a  very  short  time  in  the 
future,  no  demand  for  such  a  banking  system. 
At  the  time  when  Congress  established  this  Na- 
tional banking  system  I  paid  considerable  at- 
tention to  it,  with  a  view  to  ascertaining  what 
was  likely  to  be  its  operation  in  this  Territory, 
in  California,  and  on  the  Pacific  Coast  generally. 
And  gentlemen  must  bear  in  mind  that  this 
same  section  has  been  already  amended  by  the 
Convention  so  as  to  read  as  follows  : 

Section  6.  No  bank  notes,  or  paper  of  any  kind, 
shall  ever  be  permitted  to  circulate  as  money  in  this 
State,  except  the  Federal  currency  and  the  notes  of 
banks  authorized  under  the  laws  of  Congress. 

Now  this  section,  as  thus  amended,  con- 
templates two  things  :  First,  that  the  Federal 
currency  which  is  now  in  circulation  to  the 
amount  of  over  four  hundred  millions  of  dol- 
lars, in  the  United  States,  shall  not  be  restricted 
in  its  circulation  in  our  State  ;  and  second,  that 
the  operation  of  the  National  banking  law  of 
Congress  shall  not  be  impeded.  Congress  has 
passed  a  law  which  contemplates  the  absorbing 
of  this  Federal  currency  into  what  are  called 
■'  Five-Twenty  Bonds,"  which  at  the  Treasury 
Department  in  Washington  can  be  hypothe- 
cated, and  placed  on  deposit,  and  the  Treas- 
urer, or  Auditor,  will  issue  to  the  depositor  as 
many  treasury  notes,  less  ten  per  cent.,  as  he 
has  bonds  deposited.  For  instance:  if  I  wished, 
in  cooperation  with  some  of  my  fellow  citizens, 
to  establish  a  bank  at  Carson  City,  with  a  capi- 
tal of  five  hundred  thousand  dollars,  1  would 
procure  legal  tender  notes  to  that  amount,  ex- 
change them  for  five-twenty  bonds,  and  deposit 
those  bonds  with  the  authorities  in  Washington, 
receiving  therefor  notes  for  State  circulation 
for  the  amount  deposited,  less  ten  per  cent. 

Now  I  have  remarked  that  Congress,  or  the 
Executive  authorities  of  this  Government,  rather, 
have  encountered  great  opposition  to  this 
scheme,  on  the  part  of  banks  organized  or 
formed  under  the  authority  of  the  States  of  the 
Federal  Union.  That  has  been  particularly 
the  case  in  Boston,  Philadelphia,  and  New  York. 
They  have  opposed  it  because  they  felt  that  this 
system  of  banking  would  eventually  force  them 
out  entirely.  They  felt  that  there  v>as  some- 
thing dangerous  to  themselves  in  this  univer- 
sal banking  system,  under  which  the  whole 
property  of  the  Nation  is  pledged  for  the  re- 
demption of  the  bills,  and  under  which  there 
is  comparatively  little  or  no  discount  Ijetween 
here  and  Boston,  or  between  one  end  of  the 
Union  and  the  other, — that  it  would  come  to  be 
appreciated  and  approbated,  and  consequently, 
speedily  availed  of  and  possessed,  by  the  peo- 
ple of  the  entire  country.      Hence  there  has 


456 


BANKING. 


[13th  day. 


Monday,] 


DeLong— Collins. 


[July  18. 


been  this  strong  hostility  on  the  part  of  those 
banking  institutions.  Now,  for  one,  I  am  op- 
posed to  the  organization  of  State  banks  here 
which  may  in  their  operation  interpose  their 
influences  against  the  National  banks,  or  the 
banks  authorized  under  the  National  laws. 

My  colleague  (Mr.  DeLong)  says  he  supposes 
that  in  a  few  years  all  these  National  bank  bills 
will  be  absorbed,  and  then  perchance  we  may 
have  no  banking  institutions.  That  is  the  very 
object  of  the  General  Government— to  induce 
the  absorption  of  these  notes  now  in  circulation 
into  bonds,  and  to  establish  this  system  of  Na- 
tional banks.  The  consequence  has  been  that 
already  agents  are  buying  up  the  liills  with  the 
view  of  organizing  such  banks  in  the  xVtlantic 
States,  and  perhaps  on  the  Pacific  coast  also. 
I  have  heard  it  stated  by  parlies  who  are  com- 
petent to  judge,  and  my  own  opinion  confirms 
that  judgment,  that  there  never  was  a  system 
of  banking  so  complete  and  perfect  in  all  its 
minutia,  and  especially  in  regard  to  protecting 
the  bill-holders,  as  this  system  established  by 
Congress.  If  such  be  the  case,  I  ask  what  is  the 
necessity  of  establishing  a  system  of  State 
banks  ?  There  is  no  analogy  between  us  and 
California  in  that  regard.  I  was  in  favor  of  a 
banking  system  in  California  in  1849,  and  all 
through  the  vicissitudes  of  after  years,  but  now 
California  does  not  need  it,  because  Congress 
has  established  a  more  perfect  system  than  the 
State  could  establish — a  system  that  pledges  not 
only  the  State,  but  every  State,  for  the  redemp- 
tion of  its  issues. 

My  friend  and  colleague  (Mr.  Brosnan)  has 
spoken  of  the  New  York  banks  as  constituting 
a  very  strong  and  perfect  system  ;  but  the 
strength  of  that  system  is  not  equal  to  that  of 
these  National  banks,  because  only  the  property 
of  New  York  is  pledged  for  the  redemption  of 
their  bills,  while  under  this  system  the  property 
of  the  nation  is  pledged,  in  so  far  as  these  bonds 
go.  There  has  been  a  conspiracy  entered  into 
on  this  coast  against  the  Federal  currency,  and 
we  know  how  a  few  capitalists,  and  bankers,  and 
money  shavers  in  San  Francisco,  have  by  the 
power  and  influence  of  their  money  suborned 
the  entire  people  of  the  Pacific  coast — all  the 
merchants  and  all  the  liankers  of  the  country, 
in  California,  in  Nevada,  and  in  Oregon — 
against  that  currency  that  should  have  given  us 
money  in  abundance,  while  at  the  same  time  the 
premium  on  gold  has  been  so  great  that  it  is 
passing  from  us,  and  very  soon  we  shall  have 
no  money  with  which  to  transact  our  business 
and  commerce.  I  hope  we  shall  not  decide  to 
suspend  the  rules  and  further  investigate  this 
matter.  1  do  think  that  Section  C  of  Article 
VIII  is  ample  and  abundant  to  answer  all  the 
legitimate  purposes  of  this  State. 

There  is  only  one  objection  to  the  system  es- 
tablished by  Congress,  and  that  I  think  the  next 
Congress  will  remove.  It  is  this,  that  the  law 
contemplates  seven  j)er  cent,  interest  only.  Now 
I  think  Congre.ss  would  be  willing  to  allow  the 
banks  in  each  State  to  adapt  themselves  to  the 


u.sury  laws  of  the  State  in  which  they  are  or- 
ganized. That  would  give  a  rate  of  interest  of 
six  or  seven  per  cent,  in  the  Eastern  States,  ten 
per  cent,  in  California,  and  whatever  rate  may 
be  established  by  our  laws  in  this  State.  For 
these  reasons  I  do  not  see  any  necessity  at  all 
for  an  amendment  of  this  section. 

I  am  oppo.sed  to  it  also  because  it  will  oper- 
ate, so  far  as  it  can  operate  at  all,  to  prevent  the 
National  Government  from  resuming  specie  pay- 
ments. It  was  distinctly  understood  that  the 
National  law  must  almost  immediately  convert 
all  the  bills  now  in  circulation  into  these  Five- 
twenty  Bonds,  and  that,  they  being  absorbed  at 
an  early  date,  the  Government  will  at  an  early 
day  resume  specie  payments.  The  Government 
wishes  to  resume  specie  payments  as  soon  as 
possible,  and  asks  our  cooperation  in  this  mat- 
ter, in  order  that  that  end  may  be  accomplished. 

Mr.  DeLONG.  AVill  my  colleague  allow  me 
to  make  a  suggestion  ?  It  is  with  a  view  to  this 
contingency  that  I  ofter  this  amendment :  Sup- 
pose that  Congress,  to  use  a  homely  phrase,  con- 
cludes to  go  out  of  business  upon  the  war 
ceasing.  Suppose  then  it  should  not  desire  any 
longer  to  maintain  a  banking  system  as  a  na- 
tional matter,  but  should  withdraw  or  surrender 
these  deposits.  Then  in  that  event,  there  being 
no  paper  currency  issued  by  the  Federal  Gov- 
ernment, would  we  not  be  left  to  fall  back  upon 
a  metallic  currency,  with  a  prohibitory  clause 
against  any  other  kind,  and  against  State 
banks  ? 

Mr.  COLLINS.  I  know  it  is  said  that  if  the 
skies  should  fall  men  might  catch  larks,  but  this 
contingency  to  which  the  gentleman  refers  is  so 
remote  that  I  do  not  deem  it  advisable  for  us  to 
give  the  Legislature  permissiou,at  least  without 
very  great  restrictions  and  prohibitions,  to  enter 
into  any  wildcat  system  of  banking.  We  had 
an  exainple  here,  last  summer,  of  the  state  of 
excitement,  and  rashness  of  adventure,  that 
may  prevail  when  a  community  is  in  the  enjoy- 
ment of  great  prosperity.  We  have  suffered  in- 
juries from  that  cause  from  which  itmay.require 
a  decade  to  enable  us  to  recover.  Every  one 
knows  the  rapidity  with  which  in  times  of  such 
excitement  prices  can  be  swelled  up  and  in- 
flated, and  madness  seize  upon  the  body  of  a 
people.  I  have  seen  many  communities  that 
have  gone  through  similar  scenes,  and  I  know 
the  losses  and  the  sufferings  that  are  thereby 
brought  upon  a  community.  And  although  I  am 
a  bank  man,  and  always  have  been  up  to  the 
present  time,  yet  I  am  not  willing  that  this  Con- 
vention should  place  its  veto  upon  that  great 
banking  system  on  which  our  Federal  Govern- 
ment has  entered,  and  in  the  conduct  of  which 
it  has  enlisted  such  an  amount  of  wisdom,  ol 
sagacity,  and  of  liberality,  in  order  to  introduce 
a  system  of  State  banks,  which  may  war  against 
the  Federal  currency — against  that  currency 
which  we  are  bound,  by  every  consideration  ot 
patriotism,  in  the  present  condition  of  our  coun- 
try, and  the  condition  it  may  be  in,  for  another 
decade,  perhaps,  to  sustain,  or  to  give  all  the 


13th  day.] 


BANKING. 


457 


Monday,] 


DeLong — Collins — Dunne. 


[July  18. 


cooperation  that  the  country  requires  of  us  to 
aid  in  sustaining. 

Mr.  DeLONG.  Will  my  colleague  permit  me 
to  ask  him  another  question?  It  is.  I  believe, 
a  fact  admitted,  that  since  the  establishment  of 
paper  currency  by  the  Federal  Government, 
notwithstanding  the  liberal  and  free  systems  of 
banking  adopted  in  most  of  the  States,  the  Fed- 
eral currency  has  driven  nearly  every  State 
bank  in  the  North  out  of  existence.  Now  if 
we  have  this  Federal  banking  system  continued, 
need  w'e  fear  that  that  any  private  banking 
system  will  vie  with  it? 

Mr.  COLLINS.  What  does  ray  colleague 
mean  by  private  banking  system  ? 

Mr.  DeLONG.  I  mean  associations  for  bank- 
ing alone. 

Mr.  COLLINS.  The  gentleman  refers  to  pri- 
vate banks — does  he  mean  different  from  pub- 
lic banks? 

Mr.  DeLONG.  No.  sir.  I  mean  as  contra- 
distinguished from  the  national  banks.  They 
are  called  private  banks,  because  they  are  not 
based  upon  the  national  capital.  I  do  not  think 
we  need  fear  that  we  shall  have  any  other 
banks  than  those  organized  by  the  Federal 
Government,  as  long  as  the  Federal  Govern- 
ment shall  continue  the  banking  system  ;  and 
if  it  should  discontinue  that  system,  I  think  we 
can  trust  the  people  and  their  Legislature  in 
that  particular.  It  is  only  with  the  view  of  the 
possible  discontinuance  of  that  system  that  I 
advocate  this  amendment. 

Mr.  COLLINS.  Gentlemen  will  bear  this  in 
mind :  If  they  examine  the  law  of  Congress, 
creating  this  l>anking  system,  they  will  find  that 
it  makes  provision  that  every  State  having  so 
much  population  shall  have  the  privilege  of 
investing  such  an  amount  in  these  bonds,  for 
the  purpose  of  establishing  banks  in  that  State 
under  the  Federal  law,  so  that  there  can  be  no 
excess  of  such  banks,  in  one  State  over  another. 
If  this  State  comes  into  the  Union  she  will  be 
entitled  to  a  certain  amount  of  these  bonds, 
and  if  that  provision  is  altered,  as  I  have  sug- 
gested, so  as  to  conform  to  the  usury  laws  of 
the  several  States,  then,  within  a  few  months, 
I  am  confident  there  will  be  millions  of  dol- 
lars of  capital  brought  here  and  invested, 
and  it  will  be  used  in  financial  operations 
in  such  a  manner  as  to  awaken  and  stimulate 
business  to  such  an  extent  as  we  have  never 
yet  dreamed  of.  I  therefore  do  not  want  to  see 
any  State  banks  organized,  because  just  the 
moment  they  are  organized,  and  succeed  in  se- 
curing the  confidence  of  the  people,  they  will 
just  to  that  extent  deter  capitalists  from  enter- 
ing into  this  national  banking  system,  which 
has  inspired  the  confidence  of  the  entire  people. 
I  do  hope,  therefore,  that  my  friend,  who  is  so 
earnest  and  zealous,  and  who  is  almost  always 
right,  will  withdraw  his  motion,  and  let  this 
whole  thing  die  out.  We  have  already  a  suf- 
ficiently good  and  strong  banking  scheme,  and 
I  want  nothing  better,  except  it  be  the  change  I 
have  referred  to,  in  regard  to  the  rate  of  interest. 


Mr.  DUNNE.  I  shall  not  expect  to  be  able 
to  throw  light  upon  this  subject,  after  the  very 
able  discussion  to  which  we  have  listened,  but 
I  can  give  the  reasons  why  I  am  opposed  to  the 
proposition  now  before  the  Convention.  I  do 
not  wish  to  see  too  many  great  and  important 
questions  put  into  the  Constitution,  for  the  peo- 
ple to  be  excited  about  by  the  politicians  in  the 
canvass  before  us,  and  I  think  that  the  question 
of  a  change  of  our  currency  is  certainly  almost 
as  great  in  importance  as  the  proposed  change 
of  our  condition  from  a  Territorial  to  a  State 
government.  I  think  that  while  it  may  be  a 
mooted  question  whether  the  people  of  this  Ter- 
ritory, either  a  majority  or  all  of  them,  are  will- 
ing or  anxious  to  have  the  legal  tender  notes 
of  the  Government  adopted  as  the  currency  of 
the  country,  there  is  no  doubt  about  the  propo- 
sition that  they  are  not  ready  at  this  moment  to 
determine  whether  or  not  they  will  at  once 
jump  into  a  general  banking  system.  I  do  not 
think  that  is  a  question  that  should  be  put  be- 
fore the  people  now,  at  the -same  time  that  they 
are  called  upon  to  decide  upon  other,  totally  dif- 
ferent, and  perhaps  graver  matters.  Those  gen- 
tlemen, however,  who  have  favored  this  motion 
thus  far,  seem  to  have  done  so  on  the  ground  that 
they  wish  to  have  a  clause  in  the  Constitution, 
under  which,  at  some  future  day,  after  the  legal 
tender  notes  shall  have  become  established,  and 
in  view  of  their  possibly  becoming  finally  ex- 
tinguished by  the  Govornment,  after  a  long 
term  of  years,  the  State  Legislature  may  have 
something  to  fall  back  upon  ;  so  that  after  the 
State  shall  have  been  deprived  of  the  legal 
tender  notes  as  a  circulating  medium,  in  conse- 
quence of  their  withdrawal  by  the  Government, 
they  may  have  a  means  of  establishing  such  a 
medium  of  their  own.  Now  I  think  that  mat- 
ter can  better  be  provided  for  under  the  head 
of  the  provision  for  amending  the  Constitution. 

Mr.  DeLONG.  All  right ;  I  have  no  objection 
to  that. 

Mr.  DUNNE.  Now  in  regard  to  the  point 
which  has  been  raised,  to  the  effect  that  the 
next  Congress,  or  some  future  Congress,  may 
repeal  the  law,  or  take  such  action  as  may  de- 
prive us  of  the  legal  tender  notes,  I  suppose  it 
will  be  seen  that  if  this  banking  law  is  repealed 
the  great  absorbtion  of  the  legal  tender  notes 
contemplated  will  not  take  place,  so  that  we 
shall  have  either  the  one  or  the  other.  We  shall 
have  either  the  legal  tender  notes,  if  the  bank- 
ing system  is  repealed,  or  if  the  banking  system 
is  continued  we  shall  have  the  bank  notes.  If 
the  legal  tender  notes  are  absorbed  in  the  pur- 
chase "of  bonds  we  shall  have  the  benefit  of  the 
general  banking  system,  and  if  not  we  shall 
have  the  original  notes.  In  either  case  it  must 
be  some  time  yet  before  they  can  be  generally 
adopted  and  come  into  circulation,  and  it  must 
also  be  some  time  before  they  can  be  all  called 
ill  and  extinguished,  because  there  is  an  im- 
mense amount  already  in  the  market.  If  we 
have  occasion,  however,  in  the  future,  for  the 
establishment  of  State  banks,  all  we  have  to  do 


458 


PACIFIC  RAILROAD. 


[13th  day. 


Monday,] 


DeLong— TozER  — Hawley — Mason — Crosman. 


[July  18. 


is  to  pass  an  amendment  to  the  Constitution,  by 
two  successive  legislatures,  and  submit  it  to 
the  people  for  their  adoption.  For  one  I  am 
opposed  to  adopting  such  a  provision  now. 

Mr.  DeLONG.  Yielding  to  the  opinions  of 
other  gentlemen,  I  will  withdraw  my  motion. 
The  section  was  amended  when  it  was  before 
the  Convention  formerly,  so  as  to  make  it  some- 
what different  from  the  original  section,  and  I 
w^as  not  aware  of  the  nature  of  the  amendment. 

Mr.  TOZER.  I  object  to  the  withdrawal  of 
the  amendment,  because  I  would  like  to  have 
it  prevail. 

The  PRESIDENT.  The  motion  to  suspend 
the  rules  has  been  withdrawn. 

Mr.  DeLONG.  I  also  withdraw  the  further 
motion  to  recommit. 

The  PRESIDENT.  There  is  no  further  ques- 
tion then  before  the  Convention,  in  regard  to 
Section  6. 

PACIFIC   RAILROAD. 

Mr.  DeLONG.  I  suppose  the  only  question 
now  remaining  unfinished  in  regard  to  the  arti- 
cle, is  that  in  relation  to  Section  9,  as  printed. 
We  have  stricken  out,  or  recommended  the 
striking  out,  of  the  proviso  authorizing  the  Leg- 
islature to  grant  three  millions  of  dollars  for  a 
railroad,  and  if  it  is  in  order,  I  now  move  that 
the  Convention  adopt  the  report  of  the  com- 
mittee, striking  out  all  of  that  proviso. 

Mr.  HAWLEY.  A  member  who  is  now  ab- 
sent has  spoken  to  me  in  relation  to  the  feasi- 
bility of  incorporating  in  that  section  a  provis- 
ion similar  in  its  character  to  the  provision  adopt- 
ed by  the  former  Convention,  but  applying  to 
a  company  which  shall  build  a  road  between 
the  mining  sections  of  the  State  and  the  Sierra 
Nevadas,  connecting  the  mines  with  the  wood 
and  water  of  the  mountains.  I  do  not  propose 
to  offer  any  amendment  myself,  but  I  merely 
submit  the  suggestion,  in  order  that  if  any  mem- 
ber feels  so  disposed  he  may  put  it  before  the 
Convention  in  some  shape.  I  do  not  feel  dis- 
posed myself  to  make  any  motion  in  regard  to 
it,  because,  although  I  should  be  willing  to  do 
something  of  the  kind,  yet  I  see  many  difficul- 
ties in  the  way.  The  completion  of  such  a  road, 
for  instance,  would  involve  the  necessity  of  the 
outlay  of  an  immense  amount  of  money,  in  the 
freighting  of  iron  and  other  railroad  materials, 
and  that  would  entail  a  much  larger  amount  of 
debt  upon  the  State  than  I  should  feel  disposed 
to  vote  for. 

Mr.  DeLONG.  I  think  the  project  is  chim- 
erical. 

Mr.  MASON.  I  trust  that  all  that  portion  of 
Section  9,  of  Article  VIII,  which  is  contained 
in  the  proviso,  will  be  stricken  out. 

Mr.  DeLONG.  It  has  been  stricken  out  al- 
ready. 

Mr.  MASON.  I  certainly  want  to  see  it 
stricken  out,  but  I  wish  it  distinctly  understood 
at  the  same  time,  that  there  is  no  man  more  ar- 
dently in  favor  of  the  Pacific  Railroad  than  I 
am.  But  I  am  not  in  favor  of  establishing,  or 
of  contributing  my  sujiport  to  the  sustaining  of 


a  monopoly.  Now  I  understand  that  there  are 
two  roads  in  a  state  of  rivalry  endeavoring  to 
cross  the  mountains. 

The  PRESIDENT.  The  Chair  understands 
that  Section  9.  of  Article  VIII,  as  printed,  has 
been  adopted.  Will  the  Secretary  state  the 
precise  condition  of  the  question. 

The  SECRETARY.  The  section,  as  it  now 
stands,  reads  as  follows  : 

Section  9.  The  State  shall  not  donate  or  loan  money, 
or  its  credit,  subscribe  to,  or  be  interested  in  any  stock 
of  any  company,  association  or  cori^oration,  except 
corporations  formed  for  municipal,  educational,  liter- 
ary ,  scientific,  religions,  or  charitable  purposes. 

The  balance  of  the  section  has  been  stricken 
out. 

Mr.  MASON.  Then  I  hope  the  section  will 
be  adopted  as  it  stands. 

The  PRESIDENT.  If  no  amendments  are 
offered,  the  reading  of  the  article  will  be  pro- 
ceeded with. 

The  SECRETARY  proceeded  to  read  the  rest 
of  the  article,  and  the  question  was  stated  on 
its  final  passage. 

Mr.  CROSMAN.  With  regard  to  Section  9, 
of  this  article,  so  far  as  I  am  concerned,  I  am 
not  satisfied  with  it.  Circumstances  now  unfore- 
seen may  occur  under  which  we  may  want  to 
aid  the  Central  Pacific  Railroad  Company. 

Mr.  DeLONG.  Then  we  can  amend  the  Con- 
stitution. 

Mr.  CROSMAN.  In  answer  to  that,  I  will  say 
it  is  well  known  that,  according  to  the  present 
programme,  we  are  to  have  a  provision  for 
biennial  sessions  of  the  Legislature,  and  in  that 
case  it  would  take  from  two  to  three  years  to 
amend  the  Constitution.  The  Railroad  Com- 
pany has  represented  to  us,  on  this  floor,  through 
its  able  President,  that  the  finances  of  the  Com- 
pany are  in  a  very  good  condition,  and  it  seems 
as  though  they  would  be  abundantly  able  to 
push  the  road  forward,  certainly  as  fast  as  they 
can  obtain  the  material  to  do  so.  But  it  is  well 
known  also,  to  every  member  of  this  Conven- 
tion, that  the  Company  will  have  a  great  deal 
to  overcome  in  passing  the  summit.  The  im- 
mense expense  of  the  undertaking  will  be  there. 
Now,  as  matters  may  turn  out,  their  finances 
may  not  be  as  good  as  they  have  been  repre- 
sented to  us  here.  They  may  possibly  push  the 
road  forward  to  a  distance  of  thirty,  or  sixty,  or 
eighty  miles,  and  then  be  obliged  to  suspend, 
and  the  construction  of  the  road  be  delayed,  so 
that  we  should  be  deprived  of  the  benefits 
which  we  hope  to  derive  from  the  Pacific  Rail- 
road for  perhaps  two,  three,  or  four  years  lon- 
ger, in  order  to  get  through  an  amendment  to 
the  Constitution,  under  which  we  shall  not  be 
absolutely  prohibited  from  aiding  the  road  in 
any  way,  by  legislative  action,  when  at  the  same 
time  the  great  mass  of  the  people  might  feel  a 
strong  desire  to  give  them  aid.  And  at  that 
time,  too,  the  people  might  be  abundantly  able 
to  aid  the  railroad  without  injuring  themselves 
materially,  and  I  think  we  have  reason  to  be- 
lieve that  by  that  time  we  will  be  in  a  condition 
to  grant  aid  to  the  extent  of  a  few  millions  of 


13th  day.] 


PACIFIC  RAILROAD. 


459 


Monday,] 


Crosman — Parker— Gibson— Hawley— Mason. 


[July  18. 


dollars,  without  any  serious  injury  to  ourselves 
financially.  For  such  reasons  I  have  desired  to 
see  a  proviso  incorporated  in  that  section,  which 
I  have  rather  hastily  drawn,  and  which  I  will 
send  up  and  have  read. 

Now  this  other  matter,  in  relation  to  banks, 
has  been  passed  in  a  manner  which  is  not  al- 
together satisfactory  to  me.  It  has  been  passed 
in  that  way  for  the  purpose  of  harmoniziiio;  and 
saving  time,  but  I  certainly  think,  for  myself,  that 
we  ought  not  to  be  too  hasty  in  regard  to  these 
matters.  We  ought  not  to  allow  an  instrument 
like  this  to  pass  from  our  hands  in  an  unsatis 
factory  condition.  But  in  this  case,  what  I  want 
to  get  at  is  to  retain  that  right  which  we  now 
hold,  or  which  is  inherent,  the  right  to  lend  our 
aid  to  an  enterprise  which  is  to  be  of  such  great 
benefit  to  us.  I  do  not  want  to  tie  up  the  hands 
of  the  Legislature  upon  such  a  subject,  so  as  to 
prevent  it  from  ever  granting  aid,  but  I  am  in 
favor  of  retaining  the  right,  and  empowering 
the  Legislature  to  grant  it,  so  that  if  the  Legis- 
lature two,  four,  or  five  years  hence,  shall  feel 
disposed  to  pass  a  law  for  that  purpose,  and  the 
people  are  disposed  to  sanction  it,  that  can  be 
done,  and  aid  can  be  granted  to  this  enterprise. 
That  is  the  right  of  the  people,  and  I  believe 
that  circumstances  may  occur  under  which  it 
would  be  advisable.  I  think  gentlemen  will  all 
agree  with  me  that  it  is  of  importance  to  us  to 
push  the  road  forward  as  rapidly  as  possible. 
What  I  wish  to  propose  is  this,  and  I  ask  that  it 
be  read  by  the  Secretaiy. 

The  SECRETARY  read  as  follows  : 

Provided,  That  the  State  may  i.s.sue  bonds  to  an 
amount  not  exceeding  three  millions  of  dollars,  on 
such  terms  as  the  Legislature  maj'  in'escribe,  to  the 
Central  Pacific  Kailroad  Company,  after  it  shall  have 
comiJleted,  and  have  in  good  running  order,  eighty 
miles  of  its  road  from  Sacramento  towards  our  State, 
at  the  rate  of  fifty  thousand  dollars  per  mile  as  it  pro- 
gresses towards  our  State  ;  but  no  such  law  shall  be  in 
force  until  sanctioned  by  the  people. 

Mr.  CROSMAN.  That  is  the  amendment  I 
propose,  and  it  seems  to  me  that  in  adopting  our 
fundamental  law,  we  ought  not  altogether  to  tie 
up  the  hands  of  the  Legislature  in  this  impor- 
tant matter. 

Mr.  PARKER.     I  second  the  amendment. 

Mr.  GIBSON.  Why  does  the  gentleman  speci- 
fy the  Central  I'acific  Railroad,  instead  of  any 
other  road  ?  Why  not  leave  it  open  to  other 
roads,  since  there  are  two  roads  ?  Why  should 
we  give  onr  preference  to  that  road  ? 

Mr.  HAWLEY.  I  think  it  is  best  to  have  a 
saving,  clause  there,  and  I  suggest  where  it  says 
"  on  such  terms  as  the  Legislature  may  pre- 
scribe,'' that  we  limit  the  interest  to  seven  per 
cent. 

Jlr.  CROSMAN.  I  will  accept  that  amend- 
ment. I  do  not  know  as  I  can  throw  any  fur- 
ther light  upon  this  subject,  or  upon  the  subject 
of  the  inquiry  suggested  by  the  gentleman  from 
Ormsby,  (Mr.  Gibson.)  l'  believe  that  this  is 
the  only  road,  or  at  least  that  this  is  the  only 
company  occupying  a  position  where  it  is  likely 
to   give  us   any  immediate   help   in   the  way 


of  a  railroad  across  the  mountains.  This  com- 
Ijany  has  the  government  aid,  and  State  aid  from 
California,  and  it  is  already  progressing  with 
some  considerable  degree  of  rapidity,  and  it  is 
the  only  road  that  has  been  laid  out  up  to  the 
State  line. 

Now  one  word  further  as  to  the  distance  speci- 
fied here,  of  eighty  miles.  It  is  said  that  the 
distance  from  Sacramento  to  the  summit  is  one 
hundred  and  four  miles,  but  when  they  shall 
have  come  eighty  miles  from  Sacramento  they 
will  have  reached  a  point  where  immense  ex- 
penditures will  be  required.  I  should  like  to 
see  this  matter  placed  in  such  a  position  that  in 
case  the  finances  of  the  company  should  be- 
come so  much  embarrassed  that  they  will  not 
be  able  to  push  the  road  forward,  then,  if  the 
people  of  this  State  wish  to  do  so,  they  may 
lend  the  credit  of  the  State  to  aid  that  work. 

Mr.  MASON.  AVith  all  due  deference  and  re- 
spect to  the  opinions  of  members  of  the  Con- 
vention. I  entertain  views  with  regard  to  this 
Pacific  Railroad  which  I  would  like  briefly  to 
present.  I  would  have  discussed  the  subject 
when  it  was  up  before,  but  the  question  having 
been  sprung  a  little  dilferently  from  what  I  had 
aniicipated,  I  was  precluded. 

Now.  sir,  I  said  before,  and  I  say  again,  that  I 
am  decidedly  in  fixvor  of  the  Pacific  Railroad. 
But  I  am  not  in  favor  of  being  generous  with- 
out first  being  just.  I  am  satisfied  that  no  con- 
tribution from  the  State  of  Nevada  could  be 
given  which  would  facilitate  the  building  of 
this  road,  and  even  if  it  could,  I,  for  one,  would 
be  opposed  to  it.  I  have  but  very  little  fiiith 
in,  and  I  have  but  very  little  love  for,  these 
monopolies.  I  have  witnessed  them  for  the  last 
thirteen  years  in  the  State  of  California,  and  I 
have  witnessed  particularly  the  love  and  ad- 
miration of  the  people  which  is  cherished  by 
that  vast  monopoly  called  the  California  Steam 
Navigation  Company.  I  know  something,  also, 
of  the  love,  the  approbation,  and  the  admira- 
tion which  the  people  have  for  that  monopoly. 
I  have  seen  that  when  a  man  of  indomitable  en- 
ergy and  enterprise  has  started  an  opposition, 
this  monopoly  has  manifested  its  love  for  the 
people  by  reducing  its  rates  of  fare  down  to  a 
mere  nominal  sum,  and  I  have  seen  that  when, 
by  the  exercise  of  their  power,  and  the  concen- 
tration of  their  wealth,  these  same  enterprising 
parties  have  been  run  off,  within  twelve  hours 
the  fare  has  been  raised  by  that  monopoly  from 
half  it  dollar  to  five  dollars,  for  the  trip  from 
Sacramento  to  San  Francisco. 

Sir,  a  monopoly,  enjoying  the  exclusive  right 
to  run  a  railroad  to  this  State,  might  reduce  the 
fare  somewhat.  They  might  reduce  the  price 
of  potatoes  five  cents  on  the  hundred  pounds, 
perhaps,  and  it  would  be  a  benefit  to  the  miners, 
and  to  the  community  generally,  to  that  extent, 
I  admit.  I  know  it  would  be  a  benefit.  But 
their  love  for  the  dear  people  I  am  satisfied 
would  not  be  such  as  to  induce  them  to  reduce 
their  prices  below  a  paying  point.  They  would 
keep  them  up  as  high  as  they  could.     That  is 


460 


PACIFIC  RAILROAD. 


[13th  day. 


Monday,] 


Warwick. 


[July  18. 


the  reason  I  am  opposed  to  the  imposing  of 
a  heavy  mortgage  on  the  people  of  this  new 
State— a  mortgage  of  all  they  have  and  all  they 
ever  expect  to  have— to  this  railroad  company, 
and  their  heirs,  as  has  been  done  in  California. 
I  am  opposed  to  that.  "While  I  would  be  willing 
to  mortgage  the  dear  people  of  the  State  of  Ne- 
vada to  a  third  railroad  line — for  I  am  willing 
to  contribute  to  the  third  railroad  that  shall  con- 
nect the  State  of  Nevada  with  the  navigable 
waters  of  California — I  am  not  willing  to  mort- 
gage them  to  the  first.  As  to  the  first  railroad, 
I  say,  God  deliver  me  from  a  monopoly  of  that 
character. 

And  while  I  oppose  this  aid  upon  principle, 
I  say  also  that  we  cannot  afford  it.  If  we  can 
afford  to  sustain  a  State  Government,  it  will  be 
enough — and  I  think  we  can  aflFurd  that.  With 
all  respect  to  the  morality,  virtue,  and  piety  of 
the  members  of  this  Convention,  I  say  I  do  not 
believe  there  is  one  member  among  them  who 
does  not  pay  more  for  his  vices  and  his  luxuries 
than  he  does  for  his  taxes.  For  one,  I  know  1 
pay  ten  times  as  much,  and  I  presume  the  most 
pious  of  us  pay  more.  But,  sir,  I  look  upon 
the  establishment  of  this  government  as  a  na- 
tional call.  The  Government  of  the  United 
States  says  to  us — "  We  want  you  in  our  Union ; 
we  need  your  assistance  ;  we  want  your  Sena- 
tors and  your  representatives  in  Congress  ;  we 
want  them  for  the  purpose  of  enabling  us  to 
keep  pace  with  the  age  ;  we  want  them  to  help 
amend  the  Constitution  of  the  United  States ; 
we  want  you  to  form  a  State  Government,  and 
we  ask  it." 

I  desire  to  respond  to  that  call.  Sir,  there  is 
in  man  an  eternal  principle  of  progress,  which 
no  power  on  earth  can  resist.  Every  custom, 
every  law,  every  science,  and  every  religion 
must  fall  before  it,  like  Dagon  of  old  before  the 
ark  of  the  living  God.  And  that  principle  of 
progress  is  to-day  living,  and  with  unwonted 
vigor  and  unrelaxing  strength  is  to-day  battling 
all  over  the  world  against  the  ideas  of  nobility 
and  privilege.  It  lives  to-day,  and  it  will  live 
forever.  It  is  impossible,  sir,  to  withstand  that 
benign  influence.  It  must  and  will  go  forth 
like  a  bright  angel  of  God,  to  unbar  the  prison 
doors,  to  succor  the  needy,  to  relieve  the  dis- 
tressed, and  to  pour  a  flood  of  life  and  light 
into  the  darkened  intellects  and  dreary  hearts 
of  the  downtrodden  sons  of  men.  That  prin- 
ciple is  opposed,  sir — utterly  opposed — to  the 
principle  of  monoply.  It  is  in  favor  of  grant- 
ing equal  privileges  and  favors  to  all.  I  want 
it  distinctly  understood,  Mr.  President,  that  I 
am  an  old  Democrat — one  of  the  old  Jackson 
school — and  I  rememlier  the  language  used  by 
that  distinguished  statesman  on  this  subject  of 
monoplies.  I  rememlier  that  celebrated  pro- 
test of  Gen.  Jackson's,  in  which,  in  substance, 
he  says  it  is  not  in  a  splendid  government,  sup- 
ported by  powerful  monopolies,  that  the  people 
are  to  find  protection  for  their  liberties,  and 
safety  and  happiness,  but  rather  in  a  plain  sys- 
tem, void  of  monopolies,  granting  equal  favors 


to  all,  and  special  privileges  to  none  ;  dispens- 
ing its  blessings  like  the  dews  of  heaven,  which 
fall  unseen,  unfelt,  and  unnoticed,  save  from 
the  richness  of  the  verdure  Avhich  they  produce. 
That  is  the  true  doctrine,  sir.  I  want  no  special 
privileges,  and  more  especially,  no  monopolies, 
and  therefore  I  oppose  a  monopoly  of  this  char- 
acter, that  would  inevitably  crush  those  vital 
interests  which  I  am  here,  for  one,  especially  to 
represent.  I  hope,  sir,  that  this  clause  of  Sec- 
tion 9  of  Article  YIII  will  remain  just  exactly 
as  it  is  now  in  this  Constitution.  It  suits  me  as 
it  is.  In  the  immortal  language  of  Punch — '•  It 
suits  Crooks." 

Mr.  WARWICK.  I  am  glad  to  learn  that  it 
does  "  suit  Crooks  ; "  but  I  confess  that  it  is 
very  far  from  suiting  me.  I  was  astonished  to 
hear  the  gentleman  from  Esmeralda,  (Mr.  Mason) 
after  his  eloquent,  beautiful,  and  thrilling  pero- 
ration about  progress,  fall  back  upon  his  old 
stage-coach,  his  old  high  prices,  and  all  that, 
resting  satisfied,  sir,  with  thingsas  they  are.  I 
was  astonished,  I  say,  to  see  this  gentlemen, 
who  is  one  of  the  most  ardent  advocates  of 
progress,  resting  so  superlatively  satisfied  with 
things  as  they  are,  when  he  knows  that  he  and 
every  one  of  his  constituents  are  suffering  to- 
day for  that  great  artery  of  communication 
which  we,  or  some  of  us  here,  at  least,  desire  to 
assist  in  opening.  I  am  now,  sir,  and  have  al- 
ways been  a  friend  to  the  Pacific  Railroad,  in 
the  Legislature  of  California,  here  on  the  floor 
of  this  Convention,  and  everywhere  else.  I  be- 
lieve that  those  who  knew  me  then,  and  who 
know  me  now,  will  say  that  I  have  let  no  oppor- 
tunity pass  unimproved  of  rendering  every 
assistance  in  my  power  to  that  great  enterprise, 
or  of  advocating  it  so  far  as  my  poor  ability 
would  permit.  And  now,  almost  feeling  that  in 
consequence  of  the  superior  eloquence  with 
which  opposite  action  is  here  supported  I  stand 
no  chance  of  success,  I  nevertheless  still  feel  it 
my  duty,  before  the  final  passage  of  this  article, 
to  make  at  least  one  more  effort  to  have  some 
provision  made  utKlei-  which  we  can  hope  to 
sustain,  and  to  as.'^ist  if  ]\eed  be,  this  important 
undertaking.  I  tilist,  therefore,  that  the  article 
will  be  amended,  or  referred  to  a  committee 
for  that  purpose,  and  if  the  pending  amend- 
ment is  not  satisfactory,  I  have  another  amend- 
ment which  I  hope  may  be  inserted  in  its  place. 

Sir,  the  gentleman  from  Ormsby  (Mr.  Gib- 
son) has  inquired  why,  by  name,  the  Central 
Pacific  Railroad  Company  has  been  designated 
in  this  amendment.  I  will  tell  him.  It*  is  be- 
cause the  General  Government,  in  its  wisdom, 
after  examining  every  plan,  every  survey, 
which  has  been  presented,  has  decided  that  that 
is  the  most  feasable  route,  and  the  one  most 
likely  to  be  finished.  It  is  because  there  is  no 
other  road  in  existence,  or  likely  to  be.  and  no 
company  formed  for  the  purpose  of  building 
any  other  road  connecting  our  Territory  or 
State  with  the  navigable  waters  of  California. 
For  that  reason  we  desire  to  hold  out  our  hands 
to  this  company,  which  has  shown,  by  every 


13th  day.] 


PACIFIC  RAILROAD. 


461 


Monday.] 


Warwick — Tozer. 


[July  18. 


evidence  in  its  power  to  present,  that  it  really 
desires  and  intends  to  complete  this  great  na- 
tional work. 

Now  these  gentlemen  who  are  so  adverse  to 
monopolies,  it  seems  to  me,  had  they  reflected 
for  a  moment,  would  have  perceived  that  under 
our  present  system,  sir,  we  are  living  under 
one  of  the  most  greivous  monopolies  that  a 
people  could  possibly  labor  under.  Is  not  the 
present  system  of  tolls  on  all  the  roads  across 
the  mountains,  which  swell  up  the  cost  of  pas- 
sages and  freights,  a  most  grievous  and  burden- 
some monopoly  ?  Though  five  years  have 
elapsed  since  our  Territory  began  to  be  devel- 
oped, has  there  been  any  combination  yet 
formed  by  which  to  reduce  the  prices  of  freight 
and  passage  between  here  and  the  State  of  Cal- 
ifornia ?  How  do  we  stand  to-day  ?  Before 
the  Territory  of  Nevada  was  organized,  while 
we  were  still  a  part  of  Utah,  we  conlu  commu- 
nicate with  California  at  a  rate  of  fare  of  fifteen 
dollars.  That  appears  to  have  been  the  regu- 
larly established  price  ;  then  our  mines  were 
discovered  and  population  flowed  in,  and  we 
became  a  distinct  and  separate  territory.  The 
amount  of  intercourse  between  us  and  Califor- 
nia increased  to  an  unparalleled  extent,  but  in- 
stead of  lessening  the  cost  of  communication 
it  has  risen  from  fifteen  to  twenty-five,  twenty- 
eight,  and  thirty  dollars,  and  there  it  remains, 
unalterably  fixed.  Though  we  have  thousands 
of  tons  of  freight  constantly  crossing  the  moun- 
tains, and  are  expending  thousands  of  dollai's 
daily  of  our  own  capital  for  its  transportation, 
yet  we  have  never  been  able  to  reduce  the 
price,  or  to  diminish  in  any  degree  the  cost  of 
communication  between  here  and  California. 
There  are  rival  roiites,  with  coaches  filled  with 
passsengers.  Five  lines  of  stages  a  day  have 
been  put  on.  But  what  is  the  result  of  all  this 
rivalry  ?  Has  it  been  to  reduce  the  fare  ?  No, 
sir.  They  have  put  on  lines  of  opposition 
which  are  opposed  in  everything  else,  but  on 
the  question  of  fare  they  are  always  sound,  as 
if  it  were  a  thing  agreed  upon  by  common  con- 
sent. We  have  never  been  able  to  reduce  the 
cost  of  transportation  one  single  dollar.  Does 
not  the  gentleman  from  Esmeralda,  (Mr.  Ma- 
son,) groan  under  a  monoply  like  that?  It  is 
a  grievance,  sir,  which  reaches  us  at  the  other 
side  of  this  Territory,  for  it  almost  cuts  us  otf 
from  the  outer  world.  Although  we  have  no 
rugged  mountains  to  cross,  yet  we  have  to 
pay  almost  twice  as  much  to  reach  this  por- 
tion of  our  Territory,  as  the  passage  from  here 
to  California.  Does  the  gentleman  know  that  ? 
Does  he  know  that  for  one  hundred  and  eighty 
miles,  the  distance  from  Sacramento  to  Vir- 
ginia, the  price  by  stage  is  twenty-eight  dollars, 
while  for  one  hundred  and  eighty  miles,  the 
same  distance  fi'om  Virginia  to  Austin,  the  fare 
is  fifty  dollars  ?  Does  he  know  that  this  grie- 
vous monoply  is  crushing  us  to  the  earth  ? 
The  high  prices  of  freight,  and  the  difficulty  of 
communicating  with  us  by  lines  which  are 
bringing  thousands  and  thousands  of  men  into 


our  midst,  to  people  our  hills  and  valleys,  and 
to  develop  the  wealth  which  there  lies  hidden 
in  abundance,  constitute  the  grievous  monopoly 
under  which  we  are  suffering. 

I  look  upon  this  Pacific  Railroad  enterpi-ise, 
not  as  a  monoply,  but  rather  as  a  needed  im- 
provement, and  one  which  is  demanded  by  the 
whole  country,  [t  is  one  which  the  United 
States  Government,  even  in  this  hour  of  national 
peril,  has  shown,  by  munificent  donations,  its 
desire  to  encourage.  And  why?  That  the  peo- 
ple of  Nevada  may  be  assisted  and  enabled  to 
grow  in  wealth  and  greatness.  And  yet  now, 
while  the  opportunity  is  atforded,  these  gentle- 
men are  not  willing  even  to  give  the  people  of 
Nevada  the  poor  privilege  of  saying  whether 
they  want  to  grant  their  assistance  or  not.  We 
ask  for  nothing  that  the  people  cannot  grant ; 
we  do  not  ask  for  legislation  to  the  amount  of 
a  dollar.  We  only  ask  that  the  poor  but  noble 
privilege  shall  be  granted,  that  the  people,  if 
they  fiad  it  necessary  for  their  well-being,  shall 
be  allowed  to  say — '■  We  will  lend  our  aid  to 
this  enterprise,  because  it  is  necessary,  abso- 
lutely necessary,  for  our  existence."  Can  it  be, 
after  the  struggles  we  have  passed  through, 
with  all  the  necessities  of  the  case  pressing  upon 
every  side,  which  are  so  apparent  in  this  com- 
munity, that  a  Convention  met  for  the  purpose 
of  framing  a  Constitution  for  the  State  of  Ne- 
vada, shall  say  to  the  people,  during  the  pro- 
gress of  this,  the  greatest  national  work  of  this 
or  any  age — '■  We  have  closed  the  door  against 
you,  and  barred  it  in  your  faces.  You  may 
speak  in  your  Legislature  upon  any  other  sub- 
ject, but  you  shall  not  speak  upon  this,  which 
most  concerns  your  vital  interests.  We  deny  you 
the  privilege  forever  and  forever."'  Why,  sir, 
it  seems  to  me  but  little  short  of  an  outrage  to 
say  to  this  people  that  they  shall  not  speak 
upon  this  question.  While  we  pass  anything  we 
please  by  a  bare  majority  of  a  poor  little  body 
of  thirty-two  or  thirty-three  members,  yet  we 
are  to  say  to  the  people  that  if  they,  even  by  an 
overwhelming  majority,  seek  to  take  action 
upon  this  question,  they  shall  be  compelled  to 
wait  three  or  four  years  before  they  can  effect 
their  purpose. 

Now,  Mr.  President,  as  it  seems  to  me  that 
the  proposition  of  the  gentleman  from  Lyon 
(Mr.  Crosman)  needs  some  amendment,  I  hope 
he  will  permit  me  to  offer  the  following  as  a 
substitute  : 

Provided,  That  the  State  of  Nevada  may  loan  its 
credit  to  the  Central  Pacific  Railroad  to  an  amoiuit  not 
exceeding  three  millions  of  dollars,  when  it  shall  have 
completed  its  road  to  a  distance  of  eighty  miles  east 
from  the  navigable  waters  of  the  Sa„-rameuto  Kiver; 
but  no  appropriation  of  any  character  shall  be  made 
unless  sanctioned  liy  a  vote  of  the  people. 

The  PRESIDENT.  The  gentleman's  amend- 
ment will  be  entertained  as  an  amendment  to 
the  instructions. 

Mr.  WARWICK.  Very  well  ;  I  respectfully 
submit  that  as  an  amendment  to  the  instruc- 
tions. 

Mr.  TOZER.    I  rise  merely  for  the  purpose  of 


462 


PACIFIC  RAILROAD. 


[13th  day. 


Monday,] 


Stubtevant — President — Tozek — "Warwick. 


[July  18. 


stating  my  views  on  this  subject.  lam  in  favor 
of  this  motion.  I  hope  this  section  will  be  re- 
committed with  those  instructions,  and  when 
the  report  of  the  committee  shall  come  before 
this  Convention  I  hope  the  Convention  will 
tiually  incorporate  it  into  our  Constitution.  It  is 
scarcely  necessary  for  me  to  explain  why  these 
are  my  views.  My  sentiment  and  opinion  upon 
this  subject  have  been  fully  expressed  by  the 
speakers  who  have  preceded  me,  and  who  have 
advocated  the  views  I  entertain  on  this  ques- 
tion. All  agree,  the  opponents  as  well  as  the 
advocates  of  this  measure,  that  a  railroad  run- 
ning from  California  into  our  midst,  or  across 
our  Territory,  would  be  a  great  public  benefit. 
There  is  no  member  of  this  Convention  so  bold 
as  to  deny  that  proposition.  Now  it  may  be,  as 
my  friend  from  Esmeralda  (Mr.  Mason)  fears,  a 
monoijoly. 

Mr.  STURTEVANT  [interrupting.]  I  rise  to 
a  question  of  order.  This  is  the  same  question 
which  has  once  been  before  us,  and  which  was 
stricken  out  altogether  by  the  Convention,  and 
I  believe  our  rules  are,  that  when  a  subject  mat- 
ter has  once  been  decided  by  the  Convention  it 
cannot  be  brought  up  again. 

The  TRESIUENT.  The  Chair  understands 
the  point  of  order  to  be  that  the  amendment  is 
the  same  as  one  which  has  previously  been  dis- 
posed of 

Mr.  STURTEVANT.     That  is  it. 

The  PRESIDENT.  The  Chair  has  made  an 
examination,  and  thinks  there  is  a  material  dif- 
ference between  the  two  amendments.  The 
point  of  order  is  therefore  not  well  taken. 

Mr.  TOZER.  Another  great  reason  why  I  am 
in  favor  of  this  motion,  and  shall  vote  for  this 
reference,  is  the  reason  expressed  by  the  elo- 
quent and  learned  gentleman  from  Esmeralda. 

Mr.  STURTEVANT  [interrupting.]  Will  the 
Chair  be  kind  enough  to  inform  us  as  to  our 
future  action,  so  that  we  can  act  understand- 
ingly.  I  do  not  wish  to  appeal  from  the  decis- 
ion of  the  Chair,  but  I  wish  to  have  the  previ- 
ous instructions  read  which  have  been  referred 
to. 

The  SECRETARY  read  the  amendment  which 
was  offered  by  Mr.  Fitch  on  a  previous  day, 
and  rejected,  as  follows  : 

Provided,  That  the  State  may  provide  for  the  pay- 
ment of  the  interest  upon  the  bonds  of  the  Central 
Pacific  Railroad  Company,  to  an  amount  not  exceeding 
three  millions  of  dollars,  for  a  length  of  time  not  ex- 
ceeding twenty  years,  and  at  a  rate  of  interest  not  ex- 
ceeding seven  per  cent.,  for  the  comijletion  of  the  Cen- 
tral Pacific  Kailroad  across  the  Sierra  Nevada  Moun- 
tains ;  but  no  law  for  the  ijayment  of  interest  as  afore- 
said shall  be  efi'ective  unless  sanctioned  by  the  vote  of 
the  people,  nor  until  said  road  shall  have  been  coni- 
jjleted  and  In  running  order  for  a  distance  of  sixty 
miles  eastward  from  the  Sacramento  Eiver. 

Mr.  STURTEVANT.  The  President  will 
please  take  notice  that  at  a  previous  time,  sev- 
eral days  ago,  when  this  same  section  was  un- 
der consideration  by  the  Convention,  a  question 
of  this  same  kind  coming  up,  in  regard  to  a  road 
crossing  the  mountains,  this  whole  matter  was 
stricken  out  by  the  Convention.    Therefore,  I 


contend,  and  I  suppose  I  need  not  go  behind 
that,  that  this  amendment  is  in  reality  the  same 
subject  matter  which  has  already  been  acted 
upon.  Although  it  is  different  in  words,  yet  it 
amounts  to  the  same  thing. 

The  PRP:SIDENT.  The  Chair  does  not  recol- 
lect any  proposition  which  was  equivalent  to 
this. 

Mr.  STURTEVANT.  I  allude  to  the  printed 
section. 

Mr.  WARWICK.  The  action  to  which  the 
gentleman  refers  was  taken  in  Committee  of 
the  Whole,  and  as  we  are  now  in  Convention 
I  presume  it  is  competent  to  renew  the  same 
proposition,  even  if  it  be  the  same.  The  status 
of  the  article  is  now  altogether  different.  The 
Committee  of  the  Whole  can  no  more  bind  the 
Convention,  by  its  action,  than  any  other  com- 
mittee can,  and  consequently  it  would  be 
competent  to  offer  an  amendment  in  the  Con- 
vention, although  it  might  have  been  previously 
rejected  in  Committee  of  the  Whole. 

The  PRESIDENT.  The  Chair  decides  that 
the  point  of  order  is  not  well  taken,  and  will 
state  his  reasons. 

Mr.  STURTEVANT.  Oh,  it  makes  no  differ- 
ence about  the  reasons. 

The  PRESIDENT.  The  proposition  in  the 
printed  copy  is  not  the  same  as  the  one  now 
before  the  Convention,  in  this,  as  well  as  in  other 
particulars,  that  in  the  printed  copy  there  is  no 
such  limitation  as  to  distance  as  is  contained  in 
this  amendment. 

Mr.  TOZEPt.  I  believe  I  have  the  floor.  I 
seem  to  be  so  peculiarly  unfortunate  that,  al- 
though since  the  first  day  of  our  session  I  have 
only  risen  to  express  my  views  in  the  very  brief- 
est manner,  yet  I  can  never  be  allowed  to  say 
even  a  few  words  without  some  interruption. 
I  have  lieen  perfectly  content  to  sit  at  the  feet 
of  the  (xamaliel  from  Washoe  and  learn  wis- 
dom, without  even  attempting  to  Interrupt  him. 

The  g(mtleraan  from  Esmeralda  (Mr.  Mason) 
has  expressed  a  fear  that  the  railroad  might  be- 
come a  monopoly,  and  thereby  injure  our  inter- 
ests. I  admit  that  it  might  be  to  some  extent  a 
monopoly,  as  the  first  railroad  across  the  moun- 
tains must  inevitably  be,  yet  I  cinnot  conceive 
how  even  then  it  can  become  injurious  to  us.  I 
))elieve  that  a  railroad  across  the  mountains, 
even  though  it  were  a  monopoly,  would  still  be 
a  great  benefit  to  us.  The  monopoly  to  which 
the  gentleman  refers  on  the  Sacramento  River 
— the  Steam  Navigation  Company, — although 
undoubtedly  a  monopoly,  is  still  a  most  decided 
advantage  to  the  people  who  have  to  travel  up 
and  down  that  river.  So  it  will  be  of  a  railroad 
between  here  and  California.  Though  it  should 
become  as  great  and  complete  a  monopoly  as 
the  California  Steam  Navigation  Company,  yet 
it  would  be  a  monopoly  which  would  save  us 
millions  of  dollars  every  year.  Therefore,  I 
shall  vote  in  favor  of  these  instructions  and  for 
the  aid  proposed  in  this  section  to  be  given  to 
the  Central  Pacific  Railroad  Company,  notwith- 
standing that  I  fear,  as  the  gentleman  from 


13th  day.] 


PACIFIC  RAILROAD. 


463 


Monday,] 


Dunne — Sturtevant — Gibson. 


[July  18. 


Esmeralda  fears,  that  it  may  become   a  mo- 
nopoly. 

The  gentleman  from  Humboldt  (Mr.  Dunne) 
said  to  the  Convention  that  he  should  oppose 
another  amendment  because  he  did  not  want  to 
see  so  important  a  matter  submitted  to  the  votes 
of  the  people.  Now  it  is  for  that  very  reason 
that  I  have  voted  for  and  continuously  favored 
amendments  of  this  nature,  proposed  by  myself 
and  others.  I  am  in  favor  of  such  proj)ositions 
because  they  do  provide  for  leaving  the  ques- 
tion to  the  vote  of  the  people.  I,  for  one,  am 
willing  to  trust  these  questions  entirely  to  the 
people,  and  I  believe  they  are  fully  capable  of 
deciding  them.  1  have  the  most  uni'altcring  faith 
in  the  honest}'  and  the  capacity  of  the  people, 
to  well  and  truly,  faithfully  and  honestly,  de- 
cide all  questions  of  great  importance,  in  ac- 
cordance with  their  own  best  interests,  and  I 
trust  that  I  shall  never  lose  that  faith  in  the 
people.  And  as  this  amendment  proposes  to 
refer  this  whole  subject  matter  to  the  i)eople.  I 
am  in  favor  ot  it,  believing  that  nothing  Ijut  the 
greatest  good  of  the  greatest  number  of  the 
people  of  this  State  can  possibly  result  from 
pursuing  that  course. 

Mr.  DrXXE.  Will  the  gentleman  from  Storey 
allow  me  to  make  a  little  explanation,  at  this 
moment?  I  wish  to  explain  a  misappiehension 
on  the  part  of  that  gentleman,  in  regard  to  the 
reason  why  I  voted  against  the  amendment 
offered  a  few  moments  ago.  It  was  not  that  1 
was  opposed  to  leaving  questions  of  grave  im- 
portance to  be  determined  by  the  vote  of  the 
people — not  at  all.  The  gentleman  laljors  un- 
der a  great  misapprehension  in  that  respect.  It 
was  because  I  did  not  wish  to  see  questions  of 
the  greatest  importance,  questions  which  are 
of  almost  as  much  importance  as  the  question 
of  the  adoption  of  the  Constitution  itself,  incor- 
porated into  the  Constitution,  to  be  submitted 
to  the  people,  and  voted  on  at  the  same  time 
with  the  Constitution.  Tliese  matters  neces- 
sarily involve  questions  witii  which  the  adop- 
tion of  a  State  Government  has  not,  or  need 
not  have  any  connection.  On  the  contrary,  I 
voted  previously  for  an  amendment  allowing 
aid  to  be  granted  to  the  Pacific  Railroad,  for 
the  simple  reason  that  it  did  leave  the  ([uestion 
to  be  determined  upon  ))y  the  ])('()])le  at  a  sub- 
sequent time.  I  believe  in  leaving  all  important 
questions  to  the  people,  but  I  do  not  believe  in 
incorporating  all  the  important  questions  in  the 
world  into  one  instrument,  to  be  submitted  to 
the  people  at  one  time.  I  wish  the  people  to 
retain  the  power  to  aid  a  railroad  across  the 
Sierras,  whenever  they  may  deem  it  proper  to 
lend  their  aid,  and  I  shall  vote  for  any  amend- 
ment, which  is  not  too  loose  in  its  construction, 
having  that  object  in  view. 

Mr.  STURTEVANT.  The  ideas  of  the  gen- 
tleman last  up  are  very  good,  but  they  are  un- 
like those  of  my  worthy  friend  from  Storey, 
(Mr.  Tozer,)  who  preceded  him.  The  gentleman 
from  Storey  says  he  sees  no  objection  to  this 
motion,  inasmuch  as  the  question  is  going  to  be 


left  to  the  people,  but  I  will  tell  the  gentleman 
the  objection  which  I  have  to  it,  and  which  has 
been  illustrated  here  for  several  days  past.  I 
am  afraid  of  that  enormous  vote  which  the  gen- 
tleman has  the  pleasure  in  part  to  represent. 
With  that  vote  they  can  "  wax"  all  the  balance 
of  us.  [Laughter.]  That  is  my  objection,  or  at 
least  one  of  my  objections.  This  mammoth 
county  of  Storey  can  now  send  delegates  here 
pretty  nearly  equal,  in  point  of  numbers,  to  all 
the  balance  ot  the  Territory.  It  is  much  larger 
than  any  other  county  in  the  Territory,  or  in 
the  State,  as  it  may  be,  although  I  am  in  hopes, 
under  the  present  circumstances,  that  it  will  not 
become  a  State.  My  objection  is,  that  when  it 
comes  to  a  vote  of  the  people  they  can  beat  us 
all  back,  if  they  hang  together,  and  I  have  no 
doubt  that  in  this  matter  they  will.  The  gentle- 
men who  represent  Storey  County  here  are  all 
very  influential,  and  no  doubt  they  could  carry 
this  question  in  their  county,  but  gentlemen  will 
remember  that  the  people  of  the  rural  districts, 
and  the  floating  property,  have  got  to  pay  all 
the  ta.xes,  and  they  will  have  a  very  poor 
chance,  I  am  afraid,  to  get  in  any  such  restric- 
tions as  will  prevent  the  railroad  company  from 
taking  every  thing  they  want,  and  running  off 
witii  it  with  impunity.  Therefore  I  say,  ni  the 
hrst  place,  that  my  objection  to  this  amendment 
is.  that  it  benefits  nobody  but  the  owners  of 
mining  property,  which,  as  has  been  already 
urged  here,  is  the  property  particularly  and  pecu- 
liarly interested  in  the  railroad,  and  benefited  by 
it.  These  mining  counties  have  a  tremendous  vote, 
which  would  be  very  likely  to  be  cast  entirely 
for  their  own  interests,  especially  since,  through 
the  influence  of  my  friend  frozn  Storey  County 
on  my  right,  (Mr.  DeLong,)  they  have  got  en- 
grafted into  the  Constitution  a  provision  which 
••  lets  them  out "  of  paying  any  taxes.  Not  satis- 
fied with  drivmg  two  hoi'ses,  they  will  think  they 
must  drive  four,  and  go  scooting  through  the 
country  at  a  tremendous  rate  of  speed.  Money 
comes  easy  out  of  the  mines,  and  goes  easy,  and 
it  will  be  easy  for  them  to  get  votes  enough  to 
carry  through  any  railroad  scheme.  Everything 
will  go  easy,  except  with  the  rural  districts  and 
the  floating  property.  These  are  my  principal 
objections. 

Mr.  GIBSON.  Gentlemen  have  been  talking 
here  all  along  of  the  Central  Pacific  Railroad 
Company,  just  as  though  there  were  no  other 
railroad  company  striving  to  reach  our  borders. 
Now  I  wish  to  state  to  the  Convention  that  there 
is  another  railroad  in  progress,  and  by  the  first 
day  of  August  next  that  road  will  have  as  many 
miles  completed  as  the  Central  Pacific  will  have. 
At  this  time  they  are  laying  the  rails  upon  their 
road  from  Folsoni  towards  this  valley,  and  they 
will  have  in  running  order  on  the  first  da}'^  of 
August  thirteen  miles  of  railroad  this  side  of 
Folsom,  which  will  make  a  few  more  miles  of 
railroad  this  way  from  Sacramento,  than  the 
Central  Pacific  will  have.  Now,  sir,  this  com- 
pany has  never  been  asking  for  State  aid  to  help 
its  road  along,  but  those  who  compose  it  have 


464 


PACIFIC  RAILROAD. 


[14th  day; 


Tuesday,] 


Parkek — Gibson — Warwick — Earl — Dunne. 


[July  19. 


gone  to  work  with  their  own  means.  There  are 
now  engineers  on  the  route  surveying  the  line 
of  the  road  from  Placerville  eastward  towards 
this  valley,  and  they  believe  they  have  got,  and 
are  at  work  upon  the  most  feasible  route  of  any 
of  the  routes  proposed.  Not  having  to  tunnel 
through  the  Sierra  Nevada  Mountains,  their  road 
can  be  built,  they  think,  at  much  less  cost  than 
any  other,  the  cost  of  the  road  by  the  Placer- 
ville route  being  only  estimated  at  eleven  hun- 
dred thousand  dollars,  runnnig  from  Folsom,  and 
in  connection  with  that  the  Freeport  road  is  now 
in  running  order,  striking  the  river  fourteen 
miles  below  Sacramento,  and  thereby  saving  an 
hour  and  a  half  of  steamboating,  and  gaining 
one  hour  in  time. 

Mr.  PARKER.  I  would  like  to  ask  the  gen- 
tleman this  question  :  Has  any  railroad  company 
ever  obtained  or  asked  for  a  charter  to  extend 
or  complete  a  road  towards  this  Territory  this 
side  of  Placerville  ? 

Mr.  GIBSON.  I  understand  that  this  railroad 
company  have.  They  are  to  connect  with  the 
Placerville  road,  running  up  the  American 
River  by  way  of  Strawberry,  and  then  through 
to  this  valley. 

Mr.  WARWICK.  Will  the  gentleman  allow 
me  to  ask  a  question  ?  Are  not  the  rails  of  the 
Freeport  road  now  being  taken  up  to  use  on 
that  portion  of  the  line  between  Folsom  and 
Placerville  ? 

Mr.  GIBSON.    I  believe  not. 

Mr.  WARWICK.  I  believe  they  have  aban- 
doned that  road  altogether,  after  five  months 
unsuccessful  opposition  to  Sacramento. 

Mr.  GIBSON.  I  only  know  that  some  five  or 
six  miles  of  the  track  this  side  of  Folsom  are 
already  laid,  and  they  have  not,  like  the  Central 
Pacific  Railroad  Company,  stopped  their  work, 
but  are  still  pushing  it  forward.  Why  gentle- 
men should  be  so  anxious  to  encourage  one 
road,  on  which  the  work  has  been  discontinued, 
as  against  another,  which  is  being  pushed  for- 
ward with  vigor,  I  do  not  understand.  If  this 
State  shall  be  able  to  lend  its  aid  at  all,  I  am  in 
favor  of  lending  that  aid  within  our  own  bor- 
ders, and  gentlemen  are  aware  that  the  Central 
Pacific  Railroad  is  to  strike  us  forty  miles  from 
this  place  and  thirty-two  miles  from  the  city  of 
Virginia.  It  will  be  necessary  for  us  therefore 
to  connect  with  that  road,  at  that  point,  and  if 
we  have  any  money  to  lend,  or  to  give,  I  hold 
that  we  should  use  it  to  connect  the  road  with 
us. 

Mr.  WARWICK.  I  >inderstand  the  gentle- 
man to  state  that  the  Pacific  Railroad  conies 
only  within  forty  miles  of  this  i)lace.  I  desire 
to  ask  what  is  the  distance  which  the  gentleman 
estimates  between  here  and  Washoe  City  ? 

Mr.  GIBSON.  They  do  not  propose  to  strike 
Washoe  City  at  all,  but  to  come  in  beyond  that 
— the  other  side  of  the  range. 

Mr.  WAiaVICK.  The  line  certainly  does  not 
run  the  other  side  of  the  Truckee  River,  and 
that  is  only  twenty-three  miles  from  here. 

Mr.  EAuL.    The  road  strikes  the  Siato  line 


near  Crystal  Peak,  which  is  about  forty  miles 
distant. 

Mr.  GIBSON.  That  is  my  understanding— 
that  the  Central  Pacific  Railroad  strikes  the 
State  line  forty  miles  from  this  place  and  over 
thirty  miles  from  Virginia  ;  and  in  order  that 
it  may  be  of  any  benefit  to  us  it  is  necessary  to 
connect  from  Virgina  and  from  this  point  with 
that  road.  Now  1  say  if  we  have  any  money  to 
lend  or  to  give  to  any  railroad  enterprise,  I 
think  it  should  be  lent  or  given  in  this  Terri- 
tory or  State,  and  not  in  the  State  of  Califor- 
nia. My  colleague  (Mr.  Kinkead)  has  prepared 
an  amendment  providing  for  the  loan  of  the 
State  aid  to  a  railroad  to  be  constructed  for  that 
purpose,  which  I  hope  he  will  present  for  the 
consideration  of  this  Convention  ;  and  I  trust 
we  shall  not,  as  this  amendment  proposes,  give 
all  our  aid  to  a  road  to  be  constructed  outside 
the  borders  of  our  State. 

Mr.  DUNNE.  Will  the  gentleman  allow  me 
to  interrupt  him.  I  understand  him  to  say  that 
he  wishes  to  leave  this  matter  so  that  if  there 
should  be  any  opposition  line  hereafter  we 
can  give  the  same  chance  to  the  State  to  extend 
aid  to  that  opposition  as  to  the  Central  Pacific 
Railroad  line. 

Mr.  GIBSON.  I  desire  to  give  the  same  to 
each  road. 

Mr.  DUNNE.  I  agree  to  that,  and  will  be 
happy  to  act  upon  that  suggestion.  But  I  will 
now  suggest  that  it  is  nearly  the  time  for  ad- 
journment, and  I  think  we  had  better  have 
some  consultation  on  this  subject.  I  suggest, 
also,  that  we  are  apparently  approaching  the 
close  of  our  labors,  and  as  l)oth  the  Committee 
on  the  Judiciary  and  the  Committee  on  Educa- 
tion desire  to  meet  to-night,  I  will  ask  for  an 
adjournment  of  the  Convention  until  to-morrow 
morning. 

Mr.  GIBSON.  I  will  give  way  for  that  pur- 
pose. 

Mr.  DUNNE.  Then  I  move  that  the  Conven- 
tion adjourn  until  nine  o'clock,  A.  M.,  to-mor- 
row. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Accordingly,  at  five  o'clock,  P.  M.,  the  Con- 
vention adjourned. 


FOURTEENTH  DAY. 

Carson,  July  19,  1864. 

The  Convention  met  at  nine  o'clock. 

On  motion  of  Mr.  BANKS,  (the  President  be- 
ing temporarily  absent),  Mr.  HAWLEY  was  re- 
quested to  act  as  President  pro  tern.,  and  took 
the  chair. 

The  roll  was  called,  and  the  following  mem- 
bers responded  to  their  names :  Messrs.  Banks, 
Brady,  Brosnan,  Collins,  Crawford,  Crosman, 
Dunne,  Earl,  Folsom,  Hawley,  Hovey,  Hudson, 
Kennedy,  Lockwood,  Mason,  Parker,  Sturte- 
vant,  "Warwick,  and  Wethorill— 19. 


14tb  day.] 


DECLARATION  OF  RIGHTS. 


465 


Tuesday,]         Sturtevant—Lockwood—Hawlet— Banks— President— Kikkead.  [July  19. 


On  motion  of  Mr.  DUNNE,  there  being  less 
than  a  quorum  present,  a  call  of  the  House  was 
ordered. 

Messrs.  Chapin,  Frizell,  and  Tagliabue  came 
in  and  presented  excuses  for  their  absence. 

On  motion  of  Mr.  STURTEVANT,  there  be- 
ing a  quorum  in  attendance,  further  proceed- 
ings under  the  call  of  the  House  were  dispensed 
with. 

Prayer  was  offered  by  Rev.  Mr.  NIMS. 

Tlie  joui'nal  of  yesterday  was  read,  corrected, 
and  approved. 

Messrs.  Kinkead,  DeLong.  Gibson,  Proctor, 
McClinton,  Murdock,  Haines  and  the  President, 
who  had  come  in  during  the  reading  of  the 
journal,  severally,  upon  motion,  had  their 
names  recorded  as  present. 

THE   SCHEDULE. 

Some  discussion  took  place  in  relation  to  the 
manner  in  which  the  Committee  on  the  Sched- 
ule had  been  constituted. 

Mr.  LOCKWOOD,  at  his  own  request,  was 
excused  from  service  on  that  committee,  leaving 
it  to  consist  of  the  following  members  :  Messrs. 
DeLong,  of  Storey ;  Dunne,  of  Humboldt ; 
Kennedy,  of  Lyon  ;  Haines,  of  Douglas  ;  Weth- 
erill,  of  Esmeralda  ;  Warwick,  of  Lander  ;  Bel- 
den,  of  Washoe  ;  Proctor,  of  Nye  ;  Murdock, 
of  Churchill,  and  Johnson,  (the  President,)  of 
Ormsby. 

REPORTS. 

[The  President  in  the  chair.] 
Mr.  HAWLEY,  from  the  Committee  on  En- 
rollment, presented  the  following  report : 

To  the  President  and  Memhers  nf  the  Constitulional  Con- 
vention of  the  State  of  Neoada  : 

Your  Committee  on  Enrollment  beg  leave  respect- 
fully to  reiiort,  tbat  they  have  examined  the  enrolled 
copies  of  the  Eesolutiou,  Preamble,  and  Article  I  of  the 
Constitution,  entitled  "Declaration  of  Rights,"  and 
find  the  same  correctly  enrolled — (ha\'ing  carefully 
compared  the  same  mth  the  engrossed  copies  as  pass- 
ed)— -with  the  exception  of  the  definite  article  "the" 
before  "citizens  of  the  United  States,"  in  the  ordi- 
nance ;  and  they  recommend,  also,  the  insertion  of  the 
word  "and"  before  the  words  "no  person  shall  be 
convicted  of  treason,"  etc.,  in  Section  19  of  Article  I 
as  enrolled. 

All  of  which  is  respectfully  submitted. 

A.  T.  Hawley,  Chairman, 

Mr.  BANKS.  Those  words,  I  understand, 
were  stricken  out  by  order  of  the  Conveution 
upon  the  report  of  the  Committee  on  Phrase- 
ology, and  therefore  no  action  is  required  by 
the  Convention.  It  is  only  necessary  to  cor- 
rect the  error  which  has  occurred,iu  the  enroll- 
ment. 

Mr.  STURTEVANT.  I  rise  to  a  question  of 
order.  I  think  it  is  not  in  order  for  the  Com- 
mittee on  Enrollment  to  report  anything,  unless 
it  is  correctly  enrolled. 

The  PRESIDENT.  That  is  the  only  legiti- 
mate report  ;  yet,  upon  the  recommendation  of 
the  committee,  it  would  be  within  the  power 
of  the  Convention  to  make  the  amendments 
suggested.     But  this  first  amendment,  I  will 

a4 


suggest,  seems  to  be  in  conflict  with  the  action 
of  the  Convention  on  the  report  of  the  Com- 
mittee on  Phraseol  gy,  that  the  word  "  the  " 
should  be  left  out. 

Mr.  HAWLEY.  If  there  is  no  objection,  I 
will  withdraw  that  portion  of  the  report. 

Mr.  BANKS.  As  to  the  other  amendment— 
the  word  "and''— I  think  the  word  should  be 
there,  although  it  is  not  in  thj  engrossed  copy. 
But  I  understand  that  the  duty  of  the  Enrolling 
Committee  is  to  see  that  an  article  is  enrolled  in 
exact  accordance  with  the  engrossed  copy,  and 
if  it  is  not  so  enrolled  they  should  not  report 
it,  but  have  the  Clerk  re-enroll  it. 

The  PRESIDENT.  The  gentleman  is  quite 
correct  as  to  the  duty  of  the  Committee  ;  and 
the  object  of  having  a  Committee  on  Phrase- 
ology was  to  avoid  bringing  up  these  questions. 
It  is  the  province  of  the  Committee  on  Enroll- 
ment to  see  that  each  article  is  properly  en- 
rolled, according  to  the  previous  action  of  the 
Convention.  Nevertheless,  I  suppose  it  is  within 
the  power  of  the  Convention  to  make  the 
amendment,  upon  the  recommendation  of  the 
Committee,  and  it  does  not  seem  to  make  any 
material  difference  in  what  manner  it  is  done. 

Mr.  BANKS.  But  I  understand  the  commit- 
tee to  report  that  this  article  is  wrongly  en- 
rolled. 

The  PRESIDENT.  I  understand  the  com- 
mittee to  report  only  that  the  enrollment  is 
slightly  variant,  and  they  desire  to  incorporate 
a  word  which  they  regard  as  necessary  to  the 
full  understanding  of  the  section. 

Mr.  DeLONG.  Very  well ;  let  us  constitute 
ourselves  a  labor-saviug  machine,  and  make 
this  slighfamendment  now,  by  general  consent. 

The  PRESIDENT.  If  there  is  no  objection, 
the  question  will  be  on  the  adoption  of  the 
report. 

Mr.  HAWLEY.  Will  the  Secretary  read  the 
report  as  now  amended  ? 

The  SECRETARY  read  as  follows  : 

"  Your  Committee  on  Enrollment  beg  leave  respect- 
fully to  report,  that  they  have  examined  the  enrolled 
copies  of  the  Resolution,  Ordinance,  Preamble,  and 
Article  I  of  the  Constitution,  entitled  '  Declaration  of 
Rights,'  and  find  the  same  correctly  enrolled  ;  and  the 
committee  recommend  the  insertion  of  the  word  '  and  ' 
before  the  words  'no  person,'  in  Section  19  of  Arti- 
cle I." 

The  question  was  taken  upon  the  adoption  of 
the  report  as  modified,  and  it  was  adopted. 

Mr.  KINKEAD,  from  the  Committee  on 
Phraseology  and  Arrangement  of  the  Consti- 
tution, submitted  the  following  report : 

Mr.  President — Your  Committee  on  Phraseology  and 
Arrangement  of  the  Constitution  have  had  under  con- 
sideration .\i-ticles  II,  III,  IV,  and  V,  and  beg  leave  to 
report  that  in  their  opinion  the  several  articles  should 
be  incorporated  in  the  Constitution  in  the  order  in 
which  they  are  respectively  numbered.  They  recom- 
mend the  insertion  of  the  word  "  the  "  before  "  mem- 
bers," in  the  first  line  of  Section  13  of  Article  IV. 
Also' to  strike  out  the  word  "nor,"  in  the  fourth  line 
from  the  bottom  of  section  20,  in  the  same  article. 
Respectfully  submitted, 

J.  H.  Kinkead,  Chairman. 


466 


LIMITATION   OF  SPEECHES. 


[Mth  dav. 


Tuesday,]        Brosnan— President — Dunne— Earl — Parker— DeLong— Collins.         [July  19. 


The  question  was  taken  on  the  adoption  of 
the  report,  and  it  was  adopted. 

Mr.  BROSNAN.  I  move,  if  it  be  in  order, 
that  Section  20  of  Article  IV,  which  designates 
subjects  which  shall  not  be  specially  legislated 
upon,  i)e  so  arranged  in  the  enrollment  that 
each  clause  specifying  an  inhibited  subject  shall 
commence  with  a  capital  letter,  and  end  with  a 
colon.  I  think  it  will  simplify  that  section,  and 
avoid  any  confusion  which  might  occur  from 
the  use  of  the  word  '•  nor,"  or  the  word  "  or." 
Gentlemen  of  the  Enrolling  Committee  will 
find  in  the  Constitution  of  Indiana  a  similar 
section,  which  may  furnish  all  the  guide  they 
will  need  in  the  enrollment. 

The  PRESIDENT.  The  Chair  thinks  it  would 
be  eminently  proper — taking  the  Con.stitution 
of  Indiana  as  a  guide — to  make  such  arrange- 
ment of  that  section. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

REFERENCE    OF   ARTICLES. 

Mr.  DUNNE  offered  the  following  resolution, 
which  was  adopted  : 

Resolved,  That  Article  XII,  entitled  Education,  be 
read  by  its  title,  and  referred  to  the  Committee  on 
Education;  that  Articles  XIII  entitled  Militia,  XIV  en- 
titled Public  Institiitions,  XV  entitled  Bnuiidary,  and 
XVII  entitled  Amendments,  be  read  by  title  and  re- 
ferred to  tlie  Committee  of  the  Whole;  and  that  Articles 
XVI  entitled  iliscellaneous  Provisions,  and  XVllI  in- 
titled  Schediile,  be  read  by  title  and  referred  tt)  the 
Committee  on  Schedule. 

The  several  articles  named  in  the  resolution 
were  accordingly  read  by  title,  and  referred  as 
indicated. 

The  PRESIDENT.  It  will  bo  seen  that,  by 
this  resolution,  and  ))y  the  previous  action  of 
the  Convention,  dispositfon  has  been  made  of 
all  the  articles  in  the  Constitution,  all  of  which 
have  now  been  referred  to  appropriate  com- 
mittees. 

LnilTATION   OF   SPEECHES. 

Mr.  EARL  offered  the  following  resolution, 
which  was  read  : 

Resolved,  That  debate  be  restricted  to  ten  minutes, 
and  but  once  on  the  same  subject :  and  that  when  in 
Committee  of  the  Whole,  the  committee  be  instructed 
to  restrict  debate  to  ten  minutes. 

Mr.  EARL.  In  offering  that  resolution  per- 
mit me  to  say  that  I  do  not  wish  to  cut  off  any 
memlter  from  speaking  a  reasonable  length  of 
time,  but  it  does  seem  to  me  that  we  are  con- 
suming a  large  amount  of  time  unnecessarily, 
and  tiiat  a  resolution  of  tills  kind  will  expedite 
our  work. 

Mr.  PARKER.  I  call  for  a  division  of  the 
question.  I  .see  that  fhe  resolution  instructs 
the  Committee  of  the  Whole  to  limit  debate, 
and  I  think  that  is  out  of  order. 

Mr.  EAUL.  Will  the  gentleman  show  me 
wherein  it  is  out  of  order? 

Mr.  PARKER.  We  have  no  business  to  dic- 
tate to  any  committee.  I  have  the  authority 
of  Jefferson's  Manual  for  that. 

Mr.  DkLONG.    I  rise  to  a  question  of  order, 


which  is,  that  we  cannot  restrict  debate  in 
Committee  of  the  Whole. 

Mr.  EARL.  We  cannot  restrict  the  number 
of  speeches,  but  we  can  certainly  restrict  the 
time  ;  at  any  rate  it  is  so  laid  down  Jefferson's 
Manual. 

After  considerable  discussion  upon  the  ques- 
tion of  order. 

The  PRESIDENT  decided  that  the  point  of 
order  was  not  well  taken. 

Mr.  COLLINS.  I  think  we  have  proceeded 
very  well  thus  far  without  such  a  limitation, 
and  I  do  not  see  the  propriety  or  the  neces.sity 
of  adopting  it  at  this  time,  when  we  are  prob- 
ably near  the  close  of  our  session. 

The  PRESIDENT.  We  have  already  adopted 
a  resolution  restricting  debate  to  fifteen  min- 
utes, and  that  is  a  standing  rule  in  this  body, 
but  unless  olijections  are  made  to  a  member's 
proceeding  the  Chair  has  not  felt  himself  au- 
thorized to  enforce  the  rule.  The  objection 
must  come  from  the  body  of  the  Convention, 
and  not  from  the  Chair. 

Mr.  PARKER.  Under  the  ruling  of  the  Chair 
I  withdraw  tlie  call  for  a  division  of  the  ques- 
tion, but  I  would  ask  if  in  Committee  of  the 
Whole  any  member  can  be  permitted  to  speak 
more  than  once  ? 

The  PRESIDENT.  That  would  be  the  rul- 
ing, if  this  resolution  were  adopted  in  place  of 
our  former  rule. 

Mr.  PARKER.  I  ask  if  in  Committee  of  the 
Whole,  under  this  resolution,  each  member 
would  be  restricted  to  speaking  only  ten  min- 
utes, and  only  once  on  a  subject? 

The  PRESIDENT.  That  would  be  the  under- 
standing of  the  Chair.  If  this  resolution  should 
be  adopted,  such  will  be  the  ruling  of  the  Chair. 

Mr.  PARKER.  From  that  decision  I  will  be 
obliged  to  appeal,  on  the  ground  that,  accord- 
ing to  Jefferson's  Manual,  in  Committee  of  the 
Whole,  every  member  may  speak  as  often  as  he 
pleases. 

The  PRESIDENT.  The  gentleman  had  bet- 
ter take  his  appeal  from  the  ruling  of  the  Chair 
that  the  resolution  is  in  order. 

Mr.  DUNNE.  Will  the  gentleman  allow  me 
to  call  his  attention  to  the  wording  of  the  reso- 
lution, which  says  that  a  member  shall  speak 
only  once  in  Convention,  but  in  Committee  of 
the  Whole  it  only  limits  the  time. 

Mr.  EARL.  That  was  my  intention — that 
members  should  not  be  restricted  in  Committee 
of  the  Whole  as  to  the  number  of  times  of 
speaking,  but  should  be  limited  to  ten  minutes. 
I  understand  that  according  to  Jefferson's  Man- 
ual any  member  may  speak  in  Committee  of  the 
Whole  as  often  as  he  pleases,  but  we  can  limit 
the  time. 

Mr.  DeLONG.  In  the  discussion  of  propo- 
sitions of  this  character  I  think  we  consume 
more  time  than  would  be  likely  to  be  wasted  in 
speaking,  and  besides,  if  two-thirds  of  the  mem- 
liers  desire  it  they  can  suspend  any  such  rule, 
and  they  would  undoubtedly  do  so,  in  case  any 
member  should  desire  to  explain  his  action,  for 


Utli  da3^] 


RIGHT  OF  SUFFRAGE. 


467 


Tuesday,] 


President — Parker — DkLoxg — Warwick — Stuktevaxt — Banks. 


[July  19. 


instance  upon  the  ground  of  having  been  mis- 
understood. Now  we  have  consumed  a  great 
portion  of  this  forenoon,  without  transacting 
any  business  of  importance,  and  I  move  that 
this  resolution  be  laid  on  the  tal)le. 

The  PRESIDENT.  The  question  will  be  first 
on  the  appeal, 

Mr,  PARKER,     I  withdraw  it. 

The  question  was  taken  on  Mr.  DeLong's  mo- 
tion to  lay  the  resolution  on  the  table,  and  upon 
a  division  the  vote  was — ayes,  17  ;  Udes,  S. 

So  the  resolution  was  laid  on  the  table. 

RIGHT    OF   suffrage. 

Mr.  DeLONG.  It  has  been  suggested  by  one 
or  two  gentleman  here,  that  Article  II,  entitled 
Right  of  Suffrage,  contains  one  or  two  errors, 
which  have  crept  into  it  perhaps  unnoticed. 
The  article  has  passed  its  third  reading,  and  I 
have  been  requested  to  move  its  reference  to  a 
committee  of  five,  without  special  instructions, 
in  order  to  point  out  one  or  two  particulars  in 
which  it  seems  to  be  erroneous.  It  is  so  worded 
apparently  as  to  disfranchise  certain  persons, 
who  are  good  citizens,  and  it  also  renders  cer- 
tain other  persons  ineligible  to  office.  In  these 
and  some  other  respects  some  change  of  lan- 
guage may  be  advisable,  and  in  order  to  expedite 
business,  and  save  time,  I  move  that  the  article 
be  referred,  without  instructions,  to  a  special 
committee  of  three. 

The  PRESIDENT.  It  will  be  necessary  first 
to  reconsider  the  vote  by  which  the  article  was 
passed. 

Mr.  DeLONG.  Very  well  ;  I  make  that 
motion. 

The  question  was  taken  by  yeas  and  nays 
upon  the  motion  to  reconsider,  and  the  vote 
was — yeas,  25  ;  nays,  4 — as  follows  : 

Yeas — Messrs.  Banks,  Brady,  Brosiian,  Chaiiin,  Col- 
lins, Crosman,  DeLong,  Dunue,  Earl,  Frizell,  Folsoni,  j 
Gibson,  Haines,  Hovey,  Hudson,  Kennedy,  Kinkead, 
Mason,  McC'liuton,  Mvirdotk,  Parker,  Proctor,  Taglia- 
bue,  Wetherill,  and  Mr.  President— 25. 

Nays — Messrs,  Crawford,  Hawley,  Lockwood,  and 
Sturtevant — i. 

So  the  vote  by  which  the  article  passed  was 
reconsidered. 

The  question  recurred  upon  the  passage  of 
the  article. 

Mr.  DeLONG.  I  now  move  to  suspend  the 
rules,  and  that  the  article  be  recommitted  to  a 
special  committee  of  three,  without  instructions. 

Mr.  WARWICK.  Can  it  be  recommitted 
without  special  instructions? 

The  PRESIDENT.  It  can,  by  suspending  the 
rules  for  that  purpose. 

The  question  was  taken  on  the  motion  to  sus- 
pend the  rules,  and  it  was  agreed  to. 

The  (piestion  was  next  stated  upon  the  mo- 
tion to  recommit  to  a  special  committee  of 
three. 

Mr.  STURTEVANT.  I  would  really  like  to 
know  what  is  going  to  be  done  by  that  com- 
mittee. Is  it  going  to  strike  out  the  word 
'■white?'" 

Mr.  BANKS,    The  Committee  on  Phraseology 


found  it  indispensable  to  have  certain  correc- 
tions made  in  this  article,  in  order  to  express 
clearly  what  the  Convention  intended.  That 
committee  did  not  think  it  their  duty,  or  at 
least  within  their  province,  to  report  those 
amendments.  It  is  provided,  as  the  article 
now  Inlands,  by  the  insertion  of  a  proviso,  that 
persons  who  are  in  the  military  service  of  the 
United  States  in  this  State,  shall  not  have 
the  same  privileges  as  are  enjoyed  by  persons 
in  the  military  service  of  the  United  States 
outside  of  this  State.  In  order  to  correct  an 
error  of  tliat  kind,  it  will  be  necessary  to  en- 
tirely re-model  the  section,  and  I  therefore 
hope  the  motion  to  refer  to  a  special  committee 
will  prevail. 

Mr.  STURTEVANT.  I  .should  think  it  would 
be  better  to  refer  it  to  the  Committee  of  the 
Whole. 

Mr.  DeLONG.  It  is  not  necessary.  The 
Committee  of  the  Whole  have  other  matters 
to  attend  to,  and  a  committee  of  three  could 
probably  do  all  that  is  necessary  in  twenty 
minutes,  leaving  the  Convention  to  attend  to 
other  business. 

Mr,  STURTEVANT,  According  to  my  idea, 
this  subject  of  the  right  of  suffrage  is  about 
as  important  as  any  matter  before  us,  and  I 
think  the  article  had  better  go  to  the  Commit- 
tee of  the  Whole. 

Mr.  DeLONG,  The  gentleman  from  Washoe 
will  have  an  opportunity  to  vote  upon  any 
amendment  which  may  be  proposed,  and  he  can 
see  what  has  been  done  when  the  committee 
shall  make  their  report, 

Mr.  STURTEVANT.  I  move  to  amend  the 
motion  by  referring  the  article  to  the  Commit- 
tee of  the  Whole. 

The  PRESIDENT.  I  will  state  that  the  er- 
rors referred  to  have  crept  in  by  inadvertence. 
It  is  almost  impossible,  sitting  here  in  a  large 
body  like  this,  to  perfect  an  article  or  a  section 
in  such  a  way  as  to  avoid  all  errors,  I  think  a 
special  committee,  to  be  named,  if  gentlemen 
please,  by  the  members  of  the  Convention, 
would  be  more  likely  to  perform  the  required 
duty  well  than  the  Committee  of  the  Whole  ; 
and  of  course  their  report  will  be  within  the 
control  of  the  Convention,  either  to  adopt  or 
reject  it, 

Mr.  STURTEVANT.    I  withdraw,  my  motion. 

The  question  was  taken  on  the  motion  of 
Mr.  DeLong,  to  refer  the  article  to  a  special 
committee  of  three,  without  instructions,  and 
it  was  agreed  to. 

The  PRESIDENT  subsequently  appointed 
Messrs.  DeLong,  Kennedy,  and  Mason,  as  such 
committee. 

P.A.CIFIC    RAILROAD. 

The  Convention  resumed  the  consideration 
of  Article  VIII,  entitled  Municipal  and  other 
Corporations,  the  question  being  upon  the  mo- 
tion of  Mr.  Crosman  to  recommit  the  article, 
with  instructions,  to  amend  Section  9  by  add- 
ing after  the  word  "purposs,"  the  following 
words : 


468 


PACIFIC  RAILROAD. 


[14th  d&y. 


Tuesday,] 


Gibson — Kinkead. 


[July  19. 


"Provided,  That  the  State  of  Nevada  may  loan  its,  our  State  the  sum  of  three  millions  of  dollars, 
credit  to  the  Central  Pacific  Railroad  Company  to  an  ^j.  gj^  thousand  dollars  per  mile  for  each  mile 
amount  not  exceedinK  three  milhons  ot  dollars,  when  ^        ^     i  .-i  ii  <.  i  u 

It  shall  ha" e completed  its  road  to  a  distance  of  eighty  |  constructed,  until  the  aggregate  amount  would 
miles  east  treim  the  na\agable  waters  of  the  Sacramento  |  reach  that  sum.  Thiswould  insure  the  building 
River  :  but  no  appropriation  of  any  character  shaU  be  |  of  sixty  miles  of  road,  Init  it  could  uot  be  even 
made,  unless  sanctioned  by  a  vote  of  the  people."         |  commgncgd  until  after   a  railroad  should  first 

Mr.  GIBSON.     AVhen  the  hour  arrived   for '  have  been  completed  to  our  State  Hue.     Now 
adjournment  last  evening,  I  had  the  floor  upon 
this  question,  and  I  mentioned  that  my  col- 
league. (Mr.  Kinkead.)  had  prepared  an  amend- 


the  most  sanguine  advocate  of  the  Pacific  Rail- 
road, or  any  other  railroad  proposed  to  be  built 
over  these  rough    and  rugged  mountains,  does 
meiit,  which  i  requested  him  to  present  as  a  ]  not  believe  that  the  work  can  be  done,  under  the 

"  "  most  favorable  circumstances,  in  less  time  than 

six  or  eight  years,  and  very  probably  it  will  re- 
quire even  a  longer  time.  But,  sir,  I  predict 
that  if  the  amendment  I  have  offered  is  adopted 
by  the  Convention,  and  acted  upon  by  the  first 
Legislature,  this  same  sixty  miles  of  road  will 
be  built,  equipped,  and  running,  within  two,  or 
at  farthest  three  years,  from  the  time  this  aid  is 
given,  and  for  half  the  sum  heretofore  proposed 
to  be  given  to  accomplish  the  same  purpose. 
Aye,  sir,  within  twelve  months  enough  of  the 
road  would  be  built  to  save  to  the  people  of 
Storey  County  alone,  every  year,  double  the 
amount  mentioned  in  this  amendment. 

I  do  not  make  this  statement  unadvisedly, 
Mr.  President.  I  have  before  me  a  repoit  com- 
piled with  care  by  a  competent  railroad  engi- 
neer, containing  statistics  gathered  from  un- 
questionable authority  upon  this  point.  This 
report  I  will  mention  was  made  to  the  Terri- 
torial Legislature  by  a  railroad  company,  and  it 
contains  an  estimate  of  the  cost  of  a  portion 
of  the  road,  and  also  an  estimate  of  its  probable 
revenue,  showing  the  difference  in  cost  of  trans 


substitute  for  the  one  ofl'ered  by  the  gentleman 
from  Lyon,  (Mr.  Crosmau.)  1  will  give  way 
now  for  him  to  present  it,  and  to  explain  its 
object,  if  he  desires,  and  afterwards  I  may  re- 
sume my  remarks. 

Mr.  KINKEAD.  Is  an  amendment  to  the 
amendment  in  order  at  this  time? 

The  PRESIDENT.     Yes,  sir. 

Mr.  KINKEAD.  I  offer  the  following  as  a 
substitute  for  the  proviso. 

The  SECRETARY  read  as  follows  : 

"Provided,  That  the  State  may  issue  bonds  bearing  a 
rate  of  interest  not  exceeding  seven  per  cent,  per  an- 
num, to  an  amount  not  exceeding  one  and  one  half 
millions  of  dollars,  or  guarantee  the  payment  of  inter- 
est, or  principal,  or  both  interest  and  principal,  of 
bonds  to  the  said  amount,  on  such  terms  as  the  Legis- 
lature may  prescribe,  to  the  company  or  incorporation 
that  shaU  first  connect,  by  a  first-class  railroad,  the  city 
of  Virginia  with  the  main  range  of  the  Sierra  Nevada 
Mountains." 

Mr.  KINKEAD.  In  offering  this  amendment, 
Mr.  President,  I  wish  very  briefly  to  present  for 
the  consideration  of  gentlemen  of  the  Conven- 
tion a  few  hastily  arranged  arguments  in  favor 


of  the  proposition,  being  firmly  convinced  that   portation  of  a  few  prominent  articles  which  are 


if  it  is  adopted  by  this  Convention,  and  its  pro 
visions  carried  out  by  the  Legislature,  it  will 
prove  of  the  highest  importance  to  the  State, 
and  be  the  first  real  solid  step  towards  the  per- 
manent development  of  the  vast  resources  of 
our  country. 

I  desire  to  say  here,  that  in  presenting  this 
amendment  I  am  actuated  by  no  hostility  to  the 
Central  Pacific  Railroad  Company.  On  the 
contrary,  no  one  on  tliis  floor  can  have  a  higher 
appreciation  of  the  importance  of  that  great 
work  than  I  have,  and  there  is  no  one  here  who 
would  go  farther  to  aid  in  its  construction,  by 
any  and  all  means  within  our  power.  I  fully 
realize  the  almost  incalculable  benefits  which 
would  result  from  the  completion  of  that  road 
to  our  State.  But,  sir,  we  are  yet  young,  and 
financially  feeble,  and  it  is  well  perhaps  not  to 


largely  used  in  Storey  County,  by  wagon  and 
by  rail.  The  proposed  route  of  this  company 
commences  at  Virginia,  running  thence  to  Gold 
Hill,  then  through  American  Flat,  skirting  Sil- 
ver City,  to  a  point  near  what  is  known  as  the 
"  Half-way  House,"  (there  branching  to  Day- 
ton,) thence  to  Carson  City,  and  through 
Washoe  Valley  to  the  Truckee  River  and  the 
State  line.  This  route  I  may  state  is  the  only 
practicable  one  from  Virginia  to  the  Trucked 
River  and  Meadows.  It  has  been  surveyed  from 
Virginia  to  Washoe  City,  the  grades  are  found 
to  be  easy,  nowhere  exceeding  eighty  feet  to 
the  mile,  and  the  whole  route  is  entirely  prac- 
ticable— the  larger  portion  of  the  road  running 
through  an  almost  perfectly  level  country.  As 
an  illustration  of  the  benefits  to  be  derived  from 
the  construction  of  this  road  I  will   quote  cer- 


be  hasty,  but  to  look  around  and  see  if  the  de- 1  tain  statistics  from  the  report  of  the  engineer, 


sired  object  cannot  be  accomplished,  partially 
at  least,  in  a  cheaper  and  more  expeditious  man- 
ner. The  object,  as  I  understand  it,  of  the 
friends  of  this  railroad  proviso,  is  not  so  much 
to   benefit   the   Central  Pacific  Railroad  Com- 


showing  the  estimated  reduction  on  the  cost  of 
two  articles — fuel  and  lumber.  He  estimates 
the  amount  of  fuel  consumed  in  the  three  towns 
of  Virginia,  Gold  Hill,  and  Silver  City,  at  two 
hundred   and  ninety-three  cords  per  diem,  on 


pany,  as  it  is,  by  aiding  that  company  to  j  which  there  would  be  a  reduction  of  five  dollars 
complete  their  road,  to  secure  a  great  and  per- ,  per  cord,  if  the  transportation  were  by  rail, 
manent  good  for  this  State.  The  proposition  I  He  also  states  the  average  amount  of  lumber 
almost  unanimously  agreed  to,  the  other  day,    and   square   timber  used  daily  in  mining  and 


by  this  Convention,  was  to  give  to  that  railroad 


building  at  one  hundred  and  twenty-five  thou- 


company  which  should  first  reach  the  border  of  sand  feet,  on  which  the  cost  of  transportation 


14th  day.] 


PACIFIC  RAILROAD. 


469 


Tuesday,] 


Collins. 


[July  19. 


by  wagon  is  twenty  dollars  per  thousand,  while 
by  rail  it  would  not  be  more  than  ten  dol- 
lars. 

I  will  furthf^r  add  that  this  estimated  con- 
sumption of  these  two  articles  was  not  guessed 
at,  but  obtained  from  positive,  reliable  infor- 
mation, and  that,  too.  nearly  two  years  ago.  I 
cannot  be  far  wrong  in  stating  that  the  daily 
consumption  of  these  articles  is  now  nearly 
or  quite  double  what  it  was  then.  But,  sir. 
take  the  amount  as  shown  by  this  report 
(made  in  the  fall  of  1862)  and  we  find  an  annu- 
al consumption  of  one  hundred  and  eight  thou- 
sand cords  of  fire  wood,  in  the  towns  of  Vir- 
ginia, Gold  Hill,  and  Silver  City.  The  engineer 
estimates  a  saving  of  five  dollars  per  cord,  cer- 
tainly a  very  low  estimate.  Besides,  we  all  know 
that  the  difficulty  of  obtaining  fuel  at  Virginia 
increases  every  year,  with  the  increase  of  the 
distance  which  it  has  to  be  hauled  by  wagons, 
and  of  necessity  the  cost  must  continue  to  ad- 
vance in  proportion  ;  but  even  at  the  low  esti- 
mate of  five  dollars  per  cord  we  have  an  annual 
saving  of  five  hundred  and  forty  thousand  dol- 
lars. The  estimate  for  wagou  transportation  of 
the  article  of  lumber  is  again  too  low :  the 
engineer  gives  it  at  twenty  dollars  per  thousand 
feet.  I  think  thirty  dollars  would  be  nearer 
the  proper  mark,  but  say  twenty  dollars,  and 
still  we  have  another  saving  on  the  amount  of 
lumber  and  timber  used  of  four  hundred  thou- 
sand dollars.  Thus  in  these  two  items  alone  a 
million  of  dollars  would  be  annually  saved  to 
the  people  of  Storey  County,  and  I  verily  be- 
lieve, sir,  that  the  true  figure  at  this  time  would 
be  quite  double  that  amount.  The  moment  the 
road  is  finished  to  the  base  of  these  mountains 
this  result  is  accomplished,  to  say  nothing  of 
the  additional  saving  in  the  immense  amount 
of  other  business,  passenger  travel,  etc.  Again, 
the  road  continued  on  through  AVashoe  Valley 
to  the  Truckee  River,  opens  a  water  power,  un- 
limited in  extent,  immediately  contiguous  to 
boundless  forests  of  unsurpassed  timber — afford- 
ing the  great  desideratum  of  our  country — a 
cheap  means  of  working  oUr  lower  grades  of 
ores.  I  would  not  dare  venture,  sir,  to  attempt 
a  computation  of  the  immense  wealth  which  by 
this  means  would  be  speedily  developed.  I 

Gentlemen  may  object  to  this  amendment  on 
the  ground  of  its  being  special  legislation,  but 
I  contend  that  it  will  benefit  the  entire  State 
more  directly  than  could  possibly  be  shown  by 
any  other  enterprise.  The  road  once  built  from 
the  Truckee  to  Virginia  would  necessitate  the 
speedy  construction  of  a  like  road  to  Lander 
and  Humboldt  counties.  And  even  our  friends 
from  Esmeralda  would  be  benefited,  not  only 
indirectly,  by  the  general  prosperity  of  the 
State,  but  directly,  by  the  introduction  of  a 
class  of  capital  that  would  eagerly  seek  invest- 
ment in  a  railroad  to  connect  their  own  mines 
with  the  unlimited  water  power  of  the  Walker 
River  country.  There  is  no  place,  sir,  on  the 
face  of  the  globe  where  railroads  will  pay  such 
enormous  dividends  as  they  will  here  in  our 


own  Territory,  and  that,  too.  notwithstanding 
the  great  expense  to  be  incurred  in  transport- 
ing all  the  material  by  wagon,  over  the  long 
ro.id  separating  us  from  the  navigable  waters 
of  the  Pacific.  I  am  entirely  within  bounds 
when  I  state  that  a  railroad  from  Virginia  to 
the  Truckee  would  pay  a  monthly  dividend  of 
from  three  to  five  per  cent,  on  the  cost  of  its 
construction  and  equipment,  even  with  every 
particle  of  its  material  hauled  by  wagons  from 
Folsom  here. 

It  may  be  asked,  if  this  is  the  case,  why  capi- 
talists do  not  undertake  the  work.  My  answer 
is,  that  they  are  ready  and  anxious  to  do  so, 
the  moment  our  own  people  show  their  confi- 
dence in  the  enterprise  by  doing  something  for 
it,  either  in  the  way  of  private  subscriptions 
or  by  public  aid.  Foreign  capital  must  build 
these  roads.  Our  own  people  find  only  too 
many  demands  upon  and  uses  for  their  cash 
in  opening  and  developing  the  mines,  and  in 
the  prosecution  of  the  various  branches  of  busi- 
ness incidental  thereto.  The  truth  is  we  have 
no  surplus  capital  with  which  to  build  rail- 
roads, however  much  we  realize  their  necessity. 
But  the  State  can  lend  a  helping  hand,  that 
will  insure  their  speedy  construction,  and  at 
the  same  time  the  burden  will  be  felt  very 
lightly  by  individual  citizens.  A  great,  imper- 
ative necessity  exists  here  for  internal  rail- 
roads, and  by  encouraging  this  first  entering 
wedge  in  a  railroad  system,  I  state  with  great 
confidence  that  long  before  the  Central  Pacific 
Railroad  can  possibly  reach  our  border  we  will 
have  a  railroad  of  our  own  at  the  State  line 
ready  to  meet  it — ^a  road  not  only  sixty,  but 
t/wo  hundred  and  sixty  miles  in  length,  extend- 
ing through  our  State  from  west  to  east,  and 
forming,  if  you  plea.se,  a  link  in  the  great  na- 
tional chain,  connecting  the  Atlantic  with  the 
Pacific  Ocean.  In  this  way.  sir,  we  will  truly 
aid  the  construction  of  the  great  Pacific  Rail- 
road, and  at  the  same  time  be  opening  up  the 
almost  fabulous  amount  of  wealth  existing  in 
our  midst. 

I  am  not  here,  Mr.  President,  to  advocate  the 
claims,  or  to  seek  aid  for  any  particular  rail- 
road company.  My  only  object  is,  to  place  in 
the  hands  of  the  Legislature  the  power  to  aid, 
if  in  their  judgment  tliey  think  it  wi.se,  the 
kind  of  enterprise  I  have  alluded  to.  I  have 
barely  glanced  at  the  impoi  tance  of  this  mat- 
ter. It  would  take  a  much  longer  time  tlian 
I  care  to  occupy  to  do  the  sulycct  full  ju.«- 
tice.  I  leave  it  for  gentlemen  to  consider,  and 
to  draw  their  own  conclusions. 

Mr.  COLLINS.  It  occurs  to  me  tli.it  this 
amendment  provides  for  aiding  a  r.iiiroad 
rather  too  local  in  its  character  for  a  jJiiMic  en- 
terprise that  ought  to  receive  an  appropriation 
from  the  State.  If  it  contemplated  that  tliis  road 
should  extend  as  far  east  as  Austin,  or  to  the 
boundary  of  the  State  somewhere;  to  the  east  of 
us,  so  as  to  be  of  practical  benefit  to  every  por- 
tion of  the  State,  as  well  as  to  the  western  por- 
tion, or  that  portion  lying  directly  in  the  line 


470 


PACIFIC  RAILROAD. 


[14th  day 


Tuesday,] 


KrxKEAD — Collins — DeLong — Frizell. 


[July  19. 


of  the  road.  I  am  not  sure  but  I  might  fall  in 
with  something  of  the  kind. 

Mr.  KINKEAD.  J  will  state  that,  as  I  said 
before,  the  effect  of  this  road  being  completed, 
opening  up  the  region  of  water  power,  and 
lumber,  and  timber,  as  far  as  Virginia,  would 
be  to  confer  a  very  considerable  benefit  upon 
the  regions  beyond.  Very  little  difficulty,  1 
apprehend,  would  be  encountered  in  building  a 
railroad  to  the  Reese  River  region  after  a  road 
had  been  completed  as  far  as  Virginia.  The 
building  and  working  of  this  road  would  abso- 
lutely compel  the  building  of  a  further  road 
connecting  with  that,  and  ultimately  it  would 
run  into  and  form  a  pLirt  of  the  great  Pacific 
Railroad.  We  should  have  a  road  completed 
entirely  through  between  the  boundaries  of 
our  State,  from  the  east  to  the  west,  before  the 
Pacific  Railroad  coald  get  through  so  as  to  con- 
nect with  it, 

Mr,  COLLINS.  I  have  listened  attentively 
to  the  remarks  of  the  gentleman  from  Ormsby, 
(Mr.  Kinkead,)  and  I  repeat  that  if  the  prin- 
ciple involved  in  his  proposition  could  be  ex- 
tended so  as  to  refer  to  the  eastern  portion  of 
the  State,  I  am  not  sure  but  I  would  vote  for 
it.  Therefore  I  hope  th;it  the  gentleman  him- 
self, or  some  one  else,  will  move  to  amend  it 
so  as  to  embrace  the  more  extended  enterprise, 
I  am  really  strong  in  the  conviction  that  the 
great  eastern  counties  of  the  State  need  a  rail- 
road vastly  more  than  Virginia  does.  There 
they  are  suffering  for  the  want  of  lumber,  and 
they  have  to  pay  two  or  three  prices  for  all 
their  freight.  While  a  railroad  would  undoubt- 
edly be  of  great  advantage  to  Virginia,  cer- 
tainly it  would  be  of  vastly  greater  to  the 
eastern  tier  ol  counties,  and  I  think  no  such 
enterprise  should  receive  the  pecuniary  sanction 
of  a  State,  which  is  not  going  to  be  of  general 
benefit  to  that  State.  I  believe  that  a  railroad 
along  on  the  line  contemplated  by  the  Pacific 
Railroad  Company,  constructed  with  a  gauge 
adapted  to  that  road,  that  should  not  contem- 
plate the  use  of  the  heavy  and  expensive  "T  " 
or  "  U  "  rail,  but  should  be  .satislied  for  the 
time  being  with  a  lighter  and  less  expensive 
rail,  until  the  great  Pacific  Railroad  shall  be 
enabled  to  tap  our  State,  might  possibly  be 
constructed.  For  such  a  road,  temporary  rails 
of  only  half  inch  or  three-quarter  inch  iron, 
might  be  made  to  answer  every  practical  pur- 
pose as  well  perhaps  as  the  '■  T  "  rail,  for  the 
time  being.  Such  rails  have  answered  a  very 
good  purpose  heretofore  in  New  York,  in  New 
England,  and  in  the  western  States,  and  un- 
doubtedly they  would  here  answer  their  purpo.se 
excellently.  And  I  think  it  would  1k^  a  i)iece 
of  extravagance  lor  any  company  to  contc^n- 
plate  or  think  of  freighting  over,  at  the  rate  of 
perhaps  five  cents  a  pound,  rails  that  weigh  from 
fifty-five  to  seventy  ))ounds  to  the  yard.  U'ith 
these  lighter  rails  the  road  could  Ite  ecmstruct- 
ed  very  cheaply,  and  they  would  serve  us  well 
enough  in  tin;  way  ol'  transportation  across  our 
Territory.    Freight  could  be  taken  from  here 


to  Austin  by  such  a  railroad  for  perhaps  one 
ceut  per  pound,  or  twenty  dollars  a  ton.  That 
would  give  them  lumljer  there  at  fifty  dollars, 
or  thereabouts,  per  thousand,  and  it  would 
open  up  to  them  all  those  great  facilities  for 
mining  and  reducing  ores  which  exist  in  Vir- 
ginia, in  Carson,  in  Steamlioat  Valley,  and  in 
Douglas  County,  and  so  the  road  would  benefit 
the  whole  people  of  the  State.  There  might 
be  a  branch  to  Esmeralda,  too,  and  it  occurs  to 
me  that  such  an  enterprise  would  be  of  very 
great  importance,  while  the  Pacifist  Railroad 
would  be  in  the  meantime  lessening  the  dis- 
tance between  O'NeilFs  Crossing  and  the  Sac- 
ramento, or  the  tide  waters  of  the  Pacific.  In 
a  very  short  time,  in  that  way,  our  freights 
would  be  reduced  down  to  something  withiu 
the  range  of  the  means  of  all  of  us. 

Mr.  DeLONG.  Where  is  the  proposed  line  of 
the  Pacific  Railroad  in  this  State  ? 

Mr.  COLLINS.  I  do  not  remember  exactly, 
although  I  have  seen  it  on  the  map. 

Mr.  DeLONG.  I  believe  it  is  east  and  north 
of  Virginia,  and  no  portion  of  the  route  sug- 
gested in  this  amendment  is  contemplated  to  be 
used  by  the  Pacific  Railroad. 

Mr.  COLLINS.  The  idea  I  have  in  my  own 
mind  is  for  this  road  to  come  down  the  Steam- 
boat and  Washoe  valleys,  hugging  around  the 
foothills,  so  as  to  reach  Virginia  at  the  most  con- 
venient point,  and  then  take  a  turn  towards  the 
eastern  limits  of  the  State.  I  have  not  consulted 
with  other  gentlemen  in  regard  to  it,  but  that 
would  seem  to  me  to  be  the  most  practicable 
route. 

The  PRESIDENT.  And  where  would  it  tap 
the  Pacific  Railroad? 

Mr.  COLLINS.  It  would  tap  the  Pacific 
Railroad  at  some  point  east  and  north  of  Vir- 
ginia. I  do  not  propose  to  discuss  this  idea,  but 
I  do  hope  the  gentleman  from  Ormsby  will 
make  an  amendment  in  such  a  manner  that  this 
railroad  shall  be  a  State  art'air  instead  of  be- 
ing merely  a  local  matter.  Let  us  give  these 
advantages,  if  at  all,  not  to  one  section  alone, 
but  to  all  the  State. 

Mr.  FRIZELL.  The  question  at  the  present 
time  occupying  the  attention  of  the  Convention 
is  a  momentous  one.  It  is  a  question  which 
might  well  engage  the  attention  of  the  most 
profound  political  economists,  the  hearts  of  the 
truest  and  warmest  lovers  of  their  country,  and 
the  heads  of  the  greatest  statesmen.  It  is  there- 
fore with  the  utmost  diffidence  that  I  rise  to 
make  a  few  remarks  upon  that  question. 

Our  situation  here  is  a  peculiar  one.     We  are 
isolated  from  the  rest  of  the  world.     AVe  are 
hemmed  in,  as  it  were,  by  almost  inaccessible 
j  barriers.     The  inducements  for  the  investment 
of  capital  here  are  wonderful,  and  they  are  in- 
creasing every  day.     Whilst  we  are  proposing 
to  start  out  in  our  career  as  a  State,  this  ques- 
!  tion  naturally  presents  itself  to  the  mindsof  the 
j  members  of  this  Convention,  what  can  we  do  to 
j  aid  an  enterprize  which    has  for   its  object  the 
I  opening  up  of  an  easy  line  of  communication 


14th  day.] 


PACIFIC  RAILROAD. 


471 


Tuesday,] 


Frizell. 


[July  19- 


between  us  and  the  rest  of  the  world  ?  Now, 
sir,  I  am  willing  to  admit  that  the  motives 
which  have  iutlueucod  gentlemen  in  this  Con- 
vention, which  influenced  the  gentleman  from 
Ormsby  (Mr.  Kinkead)  in  offering  this  amend- 
ment to  the  amendment  of  the  gentleman  from 
Lyon.  (Mr.  Crosman,)  and  whicb  influenced  the 
course  of  my  colleague  from  Storey  (Mr.  Col- 
lins) on  this,  and  on  the  former  occasion,  have 
been  the  best  in  the  world.  I  am  not  only  will- 
ing to  admit  it,  but  I  will  say  that  I  know  that 
the  motives  which  have  actuated  those  gentle- 
men, and  which  actuate  every  other  member  of 
the  Convention,  are  noble,  generous,  and  praise- 
worthy. But  the  experience  of  almost  every 
American  who  has  lived  to  the  age  of  thirty 
years,  the  experience  we  have  had  in  this  coun- 
try, and  in  tbe  settlement,  progress,  and  devel- 
opment of  the  Western  States,  rises  up  in  our 
memory,  and  stands  before  us  to-day,  as  a  warn- 
ing that  we  should  be  carfiful,  whatever  we  may 
do,  not  to  hamper  the  energies  of  the  people 
by  placing  a  load  of  debt  upon  a  young  State. 
Besides  that,  our  position  at  the  present  time  is 
peculiar.  It  taxes  our  entire  intellectual  and 
mathematical  knowledge  and  skill  to  devise 
ways  and  means  by  which  to  defray  the  ex- 
penses of  the  proposed  State.  That  is  the  prin- 
cipal topic  of  conversation  among  the  members 
of  this  Convention.  The  idea  is  such  a  grand 
and  noble  one,  and  so  peculiar  to  the  American 
mind,  of  fostering  and  aiding  internal  improve- 
ments, that  we  catch  at  it  at  once,  as  the  milk- 
maid did  at  her  green  gown.  We  catch  up  the 
idea  without  stopping  to  count  the  cost.  By 
reason  of  our  sense  of  generosity,  and  our  sense 
of  innate  vigor,  we  are  v/illing  to  grasp  at  any- 
thing which  holds  forth  hope  for  the  future. 
But  I  say  it  becomes  us  to  consider  this  question 
well,  before  we  take  any  action  upon  it.  I  said 
our  position  was  a  peculiar  one.  Starting  out 
as  a  new  State,  with  a  population  few  and  sparse, 
we  have  not  only  the  expenses  of  our  State  to  pro- 
vide for,  but  we  have  also  the  ta.xes  imposed  by 
the  Federal  Government,  though  I  concede  that 
we  are  all  perfectly  willing  to  bear  our  share  of 
all  the  Ijurdens  imposed  by  that  government, 
which  are  looming  up  before  us,  both  in  the  im- 
mediate and  the  distant  future.  Besidi^s.  all  the 
wealth  of  the  proposed  new  State  now  lies  hid- 
den and  confined  under  the  hard  ribs  of  rocky 
adamant,  of  which  our  State  is  principally  com- 
posed, and  it  will  require  labor  and  capital  to 
bring  out  this  wealth  from  the  hidden  depths 
of  our  mountains. 

Now  as  regards  the  proposed  aid  to  be  grant- 
ed l)y  this  young  State  to  the  Pacific  Railroad, 
my  views  are  these  :  According  to  the  informa- 
tion imparted  to  the  Convention  by  the  Presi- 
dent of  that  railroad  company  which  conttm- 
plates  this  immense  enterprise,  unless  we  can 
help  them  in  overcoming  and  surmounting  the 
summit  of  the  Sierra  Nevada  mountains,  our 
aid  will  be  of  no  practical  benefit,  for  the  rea- 
son that  when  they  shall  have  once  reached 
the  confiues  of  this  young  State,  their  progress 


thenceforward  will  inevitably  be  very  rapid, 
without  any  further  aid  than  they  have  already 
secured.  I  am  almost  certain  that  according 
to  the  information  which,  as  I  just  now  said, 
has  been  imparted  to  the  Convention  by  the 
President  of  the  company,  in  the  course  of  one 
year  and  a  half  eighty  miles  of  that  road  will 
be  completed.  Now,  Mr.  President,  it  is  only 
one  hundred  and  four  miles  from  Sacramento 
to  the  summit,  and  consequently  we  will  neces- 
sarily be  called  upon  for  this  aid,  or  donation, 
inside  of  two  years  and  a  half.  I  think  it  is 
plainly  demonstrable  that  even  with  all  the 
prudence  and  economy  which  we  must  neces- 
sarily exercise,  in  order  to  bear  the  expenses 
of  our  State  government,  and  our  share  of  the 
national  expenses,  we  could  not  afford  to  give 
the  aid  at  that  time.  I  think  it  would  be  sim- 
ply an  impossibility.  Nevertheless,  there  is 
another  idea  which  will  occur  to  the  mind  of 
every  progressive  American  citizen,  namely  : 
that  this  right  to  grant  aid  to  that  enterprise 
should  really  be  left  as  a  reserved  right  to  the 
people,  and  that  therefore  we  should  not,  in  this 
Constitution,  debar  the  people  from  ever  exer- 
cising that  right  in  the  future,  in  case  that  Di- 
vine Providence,  and  our  own  energies — the 
strength  of  our  own  strong  arms — should  en- 
able us  to  acquire  an  amount  of  wealth  which 
shall  place  us  in  a  position  where  we  can  afford 
to  give  such  aid. 

Now,  Mr.  President,  the  amendment  offered 
by  the  gentleman  from  Ormsby,  (Mr.  Kinkead,) 
meets  my  approbation  entirely,  providing  that 
we  shall  give  our  aid  to  the  Pacific  Railroad  to 
the  amount  of  a  million  and  a  half  of  dollars. 
There  is  no  proposition  of  the  kind  now  before 
the  Convention,  but  an  amendment  might  be 
made  by  which  we  should  also  grant  a  million 
and  a  half  to  the  other  road,  spoken  of  by  the 
other  gentleman  from  Ormsby,  (Mr.  Gibson.) 
The  route  suggested  by  this  pending  amend- 
ment is  also,  as  it  seems  to  me,  practicable.  It 
sweeps  around  from-  Virginia,  along  the  foot- 
hills, touching  very  nearly  the  waters  of  the 
Carson,  then  passes  around  the  foothills,  close 
to  or  in  the  immediate  vicinity  of  an  extensive 
range  of  timber,  and  thence  reaches  the  waters 
of  the  Truck''e,  connecting  there  with  the  Pa- 
cific Railroad.  That  would  be  doing  exact 
justice  to  the  counties  lying  south  of  this  route 
running  from  here  to  Virginia.  It  would  be 
doing  exact  and  equal  justice  to  the  county 
v.'hich  you.  Mr.  President,  have  the  honor  in 
part  to  represent,  and  to  Douglas  and  Washoe 
Counties ;  while  at  the  same  time  it  would  be 
the  greatest  imaginable  benefit  to  Storey 
County. 

In  these  remarks,  I  am  merely  making  sug- 
gestions which  I  think  it  would  be  well  for  us 
to  consider,  notwithstanding  the  cold  water  I 
threw  on  the  proposition  at  the  start,  because 
I  do  think  it  is  well  never  to  mislead  men,  or 
to  throw  a  false  coloring  upon  anything.  I 
think  this  matter  of  graniing  aid  should  be  a 
reserved  right  to  the  people,  and  I  do  hope  that 


472 


PACIFIC  RAILROAD. 


[14th  day.. 


Tuesday,] 


WaKWICK — KiNKEAD — HaWLEY. 


[July  19. 


ia  good  time  they  will  be  able  to  contribute  to 
this  enterprise.  I  would  like  to  see  this  section 
so  modeled,  arranged,  and  made  up,  that- 
subject  of  course  to  the  action  of  the  Legisla- 
ture, and  the  subsequent  approval  of  such  ac- 
tion by  the  people — a  million  and  a  halt  of 
dollars  may  be  granted  to  the  Pacific  Railroad, 
and  a  million  and  a  half  more  to  the  road 
spoken  of  by  the  gentleman  from  Ormsby,  (Mr. 
Gibson.)  That  proposition  is  broad  in  its  scope 
and  noble  in  its  character  ;  and  the  only  draw- 
back or  injury — the  only  thing  about  it  in  re- 
lation to  which  I  feel  any  doubt — is  that  I  fear 
our  inability  to  contribute  seasonably  to  those 
noble  works.  Still,  I  wish  to  show,  when  this 
Constitution  shall  be  submitted  to  the  people, 
that  this  Convention  has  done  all  it  pos.sibly 
could  do  in  the  way  of  promoting  the  interest 
of  railroad  communications,  and  that  it  has 
not  stricken  a  blow  at  two  of  the  noblest  prin- 
ciples now  extant — one,  that  of  internal  im- 
provements, and  the  other  the  great  principle 
of  hope.  I  am  not  willing  that  this  Constitu- 
tion should  go  before  the  people  with  an  entire 
prohibition  on  the  subject  of  internal  improve- 
ments, or  that  we  should  say  that  the  State 
cannot,  uuder  any  circumstances,  contribute  to 
these  enterprises,  because  that  strikes  at  the 
principle  of  hope.  Let  us  keep  that  principle 
alive  in  our  hearts,  and  I  do  hope  that  when 
the  proper  time  arrives,  we  shall  be  able  to  do 
something  for  the  advancement  of  these  great 
enterprises. 

Mr.  WARWICK.  The  ancient  historian  in- 
forms us  that  an  old  Roman  General,  returning 
from  the  wars,  was  met  at  the  gates  of  the  im- 
perial city  by  a  crowd  of  citizens  who  rejoiced 
in  his  fame,  and  in  the  security  which  he  had 
given  them  against  their  enemies,  and  the  aid 
he  had  rendered  them  in  maintaining  their  lib- 
erties ;  and  it  is  related  that,  impelled  by 
gratitude,  they  cast  their  helmets  and  shields, 
and  ornaments  of  every  character  upon  him, 
until  the  brave  old  warrior  sank  beneath  the 
glittering  pile  ;  but  before  he  sank,  raising  his 
hand  above  the  fatal  monument  of  his  fame,  he 
exclaimed:  "Save  me!  Oh,  save  me  from  my 
friends  I  "  As  I  listened  to  the  array  of  figures 
presented  by  the  gentleman  from  Ormsby,  (Mr. 
Kinkead.)  and  to  the  deductions  he  drew  from 
them,  of  the  benefits  to  be  derived  to  the  State 
of  Nevada  from  the  completion  of  tiie  Pacific 
Railroad,  I  conceived  that  he  must  be  a  man 
most  friendly  to  that  enterprise,  but  I  found 
that  he  manifested  his  friendship  by  casting  his 
heaviest  shield,  beneath  which  the  old  warrior 
should  sink  to  rise  no  more. 

Mr.  KINKEAD.     Who  is  the  old  warrior? 

Mr.  WARWICK.  I  speak  metaphorically,  of 
course.  I  know  the  gentlemen  will  pardon 
my  personal  allusion  to  him.  and  1  tliiuk  I  used 
the  hiiihest  term  of  compliment  in  regard  to 
jjim  wlieti  I  said  ho  was  a  "  man."  Now  no 
man  lius  yet  been  found  in  this  Convention  able 
or  willing  to  got  up  here  and  declare  himself 
opposed  to  the  Pacific  Railroad  enterprise.  No, 


sir,  that  would  not  do,  because  we  know  that 
the  people  are  friendly  to  it,  and  therefore 
every  gentleman  must  declare  himself  in  favor 
of  it.  in  some  form.  And  as  nothing  else  will 
do,  they  must  endeavor  to  kill  it  with  kindness. 
Sir,  the  great  want  of  this  State  will  be  the 
construction  of  railroad  communications  which 
shall  give  us  connection  with  the  water,  and 
the  great  difficulty  we  have  to  meet  is  how  to 
secure  the  construction  of  such  railroad  com- 
munications. We  must  have  some  better  means 
than  we  now  have  for  obtaining  our  indispens- 
able supplies.  Admitting  that  we  already  have 
our  wood  tolerably  handy,  still  that  is  but  one 
article  of  prime  necessity  to  us.  If  gentlemen 
will  sum  up  the  extra  cost  of  transportation  to 
our  borders  of  every  description  of  materials 
and  supplies  which  we  consume,  they  will  find 
that  the  figures  run  up  to  hundreds  of  thou- 
sands, and  I  have  no  doul)t.  to  millions  of  dol- 
lars every  year.  One  gentleman,  (Mr.  Chapin,) 
who  is  an  able  advocate  and  friend  of  this 
measure,  has  told  you  that  each  month  of  the 
year  you  are  paying,  for  the  simple  matter  of 
teamsters'  wages  alone,  as  much  as  the  interest 
would  amount  to  in  an  entire  year  on  the  whole 
of  the  capital  proposed  to  be  loaned  to  the  Pa- 
cific Railroad  enterprise.  Another  gentleman, 
(Mr.  Mason.)  who  declares  himself  to  be  an 
enemy  of  monopoly,  has  opposed  the  granting 
of  this  aid  because  he  thinks  it  would  go  to  the 
benefit  of  a  monopoly,  but  he  evidently  forgets 
that  by  the  terms  of  its  charter  the  Pacific  Rail- 
road Company  will  be  restricted,  if  you  lend 
them  this  aid,  to  very  nearly  one-half  the  prices 
which  are  now  paid  for  passages  between  here 
and  California.  The  charter  of  the  Pacific  Rail- 
road Company  expressly  states  that  the  price  of 
passage  shall  not  exceed  ten  cents  per  mile, 
which  for  the  whole  distance  of  one  hundred 
and  seventy  miles  to  Virginia  makes  the  fare 
only  seventeen  dollars,  while  every  man  knows 
that  we  are  now  paying,  and  have  for  the  past 
four  years  been  paying,  twenty-eight  dollars, 
by  the  lumbering  stages.  That  is  to  be  the 
price,  even  allowing  that  the  Railroad  Com- 
pany charge  the  utmost  limit  of  price  permit- 
ted by  the  law. 

Mr.  IIAWLEY.     They  will  do  that. 

Mr.  WARWICK.  Very  well  ;  let  them  do  it. 
Still  we  obtain  passage  for  a  little  more  than 
one-half  the  present  rate. 

Now.  as  to  the  feasibility  of  connecting  with 
that  otlflp.r  railroad  which  some  sage-brush  engi- 
neer says  may  be  constructed  across  the  moun- 
tains before  the  Pacific  Railroad  can  be  com- 
pleted. If  we  expend  our  energies  upon  that 
road  what  is  the  result?  Why,  sir,  that  rail- 
road, even  by  the  most  feasible  route  that  can 
be  selected,  would  bring  up  at  those  great  ob- 
stacles which  God  Almighty  has  not  seen  fit  to 
remove,  and  it  could  only  at  last  be  brought 
into  the  valley  thirty  or  forty  miles  from  here. 
But  this  is  not  the  ])oint.  Certain  gentlemen 
think  we  are  abundantly  able  to  be  liberal  to 
that  road,  while  with  others  the  poverty  of  the 


14th  day.] 


PACIFIC  EAILROAD. 


473 


Tuesday,] 


Haines — Warwick. 


[July  19. 


State  is  the  great  argument  against  giving  any 
aid  to  any  railroad.  Now  I  tiiink  I  have  a 
proposition  here  which  will  meet  that  objection, 
and  which,  with  the  leave  of  the  Convention,  I 
would  like  to  read  for  information  : 

"Provided.  That  the  State  may  loan  its  credit  to  au 
amoiiut  not  to  exceed  three  millions  of  dollars,  for  the 
encouragement  of  railroad  enteri^rises,  the  manner  of 
providing  for  the  payment  of  the  above  sum  to  be  left 
to  the  Legislature ;  but  no  appropriation  shall  be  made 
unless  sanctioned  by  a  vote  of  the  people  at  a  special 
election  to  be  held  for  that  purisore,  nor  untU  after  the 
taxable  property  of  the  State  shall  have  reached  the 
amount  of  liftj'  millions  of  dollars." 

Now,  sir,  there  is  a  proviso,  which  I  shall 
offer  as  an  amendment,  when  it  shall  be  in 
order  ;  and  I  should  like  to  know,  if  that  could 
be  incorporated  in  place  of  the  amendment 
offered  by  the  gentleman  from  Ormsby,  (Mr. 
Kinkead),  why  it  would  not  meet  the  reason- 
able desires  of  all  parties  on  this  subject  ?  It 
specifies  no  particular  road  ;  it  specifies  no  par- 
ticular distance  to  be  constructed  ;  but  it  does 
specify  that  our  poverty  shall  not  be  one  of  the 
questions  involved,  and  that  until  our  taxable 
property  shall  be  double  the  amount  it  is  to- 
day, no  aid  whatever  shall  be  loaned  to  any 
railroad.  I  commend  this  proposition  to  the 
favorable  consideration  of  the  Convention.  If 
gentlemen  are  really  in  favor  of  railroad  en- 
terprises, but  feel  that  they  cannot  aid  them 
until  such  time  as  the  pecuniary  condition  of 
the  State  is  better  than  it  is  at  present,  then 
here  is  a  provision  that  ought  to  be  satisfactory 
to  them.  No  special  road  is  named,  and  no 
special  distance  is  named,  but  it  simply  pro- 
vides that  when  the  State  shall  have  doubled 
its  present  amount  of  property,  it  may  lend  its 
credit  to  the  extent  of  three  millions  of  dol- 
lars in  aid  of  railroad  enterprises.  This  is  a 
proposition  by  which  every  friend  of  a  rail- 
road can  come  forward  and  show  his  friendship 
in  a  practical  way. 

Now,  Mr.  President  and  gentleman,  I  bring 
this  forward  as  a  test  question.  I  want  to  see 
the  men  on  the  floor  of  this  Convention  who 
are  really  friendly  to  railroad  enterprises. 
There  is  no  Central  Paciflc  Railroad  here— • 
nothing  that  compels  the  Legislature  to  appro- 
priate a  single  dollar  to  any  particular  rail 
road  whatever — but  it  says  to  any  friend  of  the 
Pacific  Railroad,  or  to  any  friend  of  any  other 
railroad  within  or  without  our  borders,  simply 
that  the  State  may  lend  its  aid  to  a  certain 
amount  for  the  encouragement  of  railroad  enter- 
prises, but  not  until  after  the  excuse  of  poverty 
shall  have  passed  away.  It  is  not  to  be  done 
while  we  are  embarrassed  as  we  are  now,  or  at 
any  time  during  the  future,  when  the  contin- 
gencies of  the  present  day  may  possibly  occur 
again,  but  when  the  barrier  of  poverty  is  re- 
moved ;  when  the  increase  of  population  and 
the  development  of  the  wealth  of  the  country 
shall  have  placed  us  in  a  position  to  help  a 
railroad,  whether  it  be  denominated  the  Pacific 
Railroad,  or  the  Placerville  Railroad,  whether 
to  the  east  or  to  the  west  of  us,  whether  within 


or  without  our  borders,  when  the  people  shall 
have  the  ability  and  the  will  to  assist  railroad 
enterprises,  they  may  do  so.  The  matter  is  not 
to  be  foisted  upon  them  by  any  chicanery  or 
political  juggling,  during  the  continuance  of  our 
present  financial  condition,  l)ut  after  we  have 
assumed  a  proper  status  among  the  States  of  the 
Union,  after  our  wealth  shall  have  been  develop- 
ed and  our  property  accumulated  to  the  amount 
of  double  what  it  is  to-day.  then  we  can 
come  forward  if  we  will,  and  at  a  special  elec- 
tion, when  there  is  nothing  else  before  the  peo- 
ple to  distract  attention,  when  they  have  only 
and  simply  the  proposition  before  them  of 
"railroad — yes,-'  or  "railroad — no,"  they  may 
decide  to  assist  these  worlcs  of  internal  im- 
provement. If  there  be  any  argument  against 
this  proposition,  I  hope  to  hear  it,  and  I  beg 
gentlemen  not  to  cover  it  up  with  any  other 
amendments,  but  let  us  vote  upon  that  naked 
proposition.  Let  gentlemen  say  plainly  that 
they  are  for  or  against  railroad  enterprises. 
Let  them  not  say  they  are  here  professing  to 
be  the  friends,  but  covertly  against  all  railroad 
enterprises,  but  let  them  say  openly,  either 
that  they  are  against  all  railroad  enterprises, 
or  that  they  are  friendly  to  them.  I  am  here 
to  advocate  the  cause  of  no  particular  com- 
pany, but  by  this  amendment  I  leave  it  open  to 
the  entire  State  of  Nevada  to  say  whether 
they  will  lend  aid  to  any  railroad  enterprise, 
when  they  shall  be  able  to  do  so. 

Mr.  HAINES.  Is  it  intended  by  the  gentle- 
man's proposition,  that  the  money  may  be  used 
outside  of  the  State? 

Mr.  WARWICK,  It  leaves  that  matter  al- 
together open  to  the  people. 

Mr.  HAINES.  I  shall  vote  against  it,  my- 
self. 

Mr.  WARWICK.  Well,  that  is  honest,  at 
least.  The  gentleman  votes  against  railroad 
enterprises.     He  is  an  open  opponent. 

Mr.  HAINES.  The  gentleman  misunderstood 
me.  I  am  in  favor  of  railroad  enterprises,  as 
much  as  any  man.  but  I  am  opposed  to  build- 
ing railroads  in  California. 

Mr.  WARWICK.  Does  the  gentleman  as- 
sume to-day,  because  the  power  happens  to  be 
in  his  hands,  that  he  will  prevent,  for  all  time, 
the  exercise  of  the  right  of  the  people  to  aid 
any  railroad  enterprise,  when  it  shall  be  in 
their  power?  Is  not  he  willing  to  defer  to  the 
will  of  the  majority? 

Mr.  HAINES.  The  gentleman  asks  me  a 
question,  and  I  will  answer  him  frankly.  So 
far  as  my  power  goes,  I  shall  try  to  prevent  it ; 
I  shall  vote  against  it. 

Mr.  WARWICK.  Then  having  that  power, 
the  gentleman  would  exercise  it? 

Mr.  HAINES.  Only  so  far  as  my  own  vote  is 
concerned.  I  shall  vote  against  it ;  I  shall  ex- 
ercise that  power. 

Mr.  WARWICK.  Exactly.  We  are  here 
clothed  with  a  little  temporary  power,  and  now 
we  propose  to  say  to  the  people,  "  You  shall 
not,  if  you  will,  exercise  your  right  to  aid  in  the 


474 


PACIFIC  RAILROAD. 


[14th  day.-* 


Tuesday,] 


Haines — Warwick — Johnson. 


[July  19. 


construction  of  works  of  internal  improvement, 
under  any  circumstances  that  may  arise."  Now 
this  proposition  leaves  it  open  to  the  Legisla- 
ture. The  people  have  conferred  upon  us  a  lit- 
tle power,  and  the  gentleman  says  he  would 
exercise  that  power  in  such  a  way  as  to  preclude 
the  people,  in  all  time  to  come,  from  deciding,  by 
the  exercise  of  their  power  at  the  ballot-box,  to 
aid  these  important  enterprises. 

Mr.  HA.1NES.  The  gentleman  still  misun- 
derstands me,  or  he  wilfully  misrepresents  me, 
and  I  desire  to  put  myself  right  on  this  ques- 
tion. The  gentleman  from  Lander  knows  very 
well  tliat  we  are  almost  bankrupt  to-day.  We 
have  not  the  means,  and  we  are  not  satisfied  that 
we  can  raise  the  means  with  which  even  to  carry 
on  a  State  Government.  And  the  gentleman 
in  his  proposition  might  as  well  say  "  Pacific 
Railroad  ""  at  once,  for  there  is  not  a  member 
here  but  knows  that  the  object  is  to  aid  that 
road.  However,  I  am  as  anxious  that  the  Pa- 
cific Railroad  should  be  built  as  any  man,  and 
the  gentleman  from  Lauder  knows  that  I  am, 
but  at  the  same  time  I  am  opposed  to  permit- 
ting the  State  by  any  possibility  to  be  bank- 
rupted by  assisting  any  railroad.  First  and 
foremost,  I  object  to  leaving  the  matter  to 
the  Legislature.  If  such  a  question  is  left 
to  the  Legislature — the  gentleman  from  Lan- 
der has  seen  how  it  Uas  worked  in  the  Cali- 
fornia Legislature,  and  possibly  in  other  leg- 
islative bodies — the  moment  the  question  is 
left  to  them,  if  it  were  necessary,  there  would 
be  a  hundred  thousand  dollars  brought  here 
to  corrupt  the  Legislature,  and  I  venture 
to  say  that  the  gentleman  has  never  seen  any 
Legislature  yet  that  was  not  more  or  less  liable 
to  be  corrupted  by  the  influence  of  money. 

Mr.  WARWICK.  I  have  serious  intentions  of 
settling  ultimately  in  Douglas  County,  and  if  I 
do  I  shall  certainly  vote  for  my  friend  from 
Douglas  as  a  member  of  the  Legislature,  and  I 
guarantee  that  not  a  million  of  dollars  could 
corrupt  him. 

Mr.  HAINES.  Do  not  be  too  sure ;  I  might 
not  be  invulnerable. 

Mr.  WARWICK.  The  gentleman's  modesty 
I  am  afraid  stands  in  the  way  of  his  advance- 
ment. [Laughter.]  Now  he  brings  up  the  ob- 
jection of  poverty  again,  but  here  is  the  answer 
to  that,  in  the  language  of  the  amendment, 
"  Nor  until  the  taxable  property  of  the  State 
shall  reach  the  amount  of  fifty  millions  of  dol- 
lars." We  must  have  double  our  present  amount 
of  taxable  property. 

Mr.  HAINES.  That  point  has  been  discussed 
considerably  Now  by  the  time  we  have  fifty 
millions  of  property,  our  taxes  will  be  double 
or  treble  what  they  are  now.  Admitting  that 
we  have  taxable  property  to  the  amount  of 
fifty  millions  of  dollars,  we  must  allow  a  hun- 
dred thousand  for  stealings  in  the  State  Gov- 
ernment. That  has  been  the  experience  of 
California,  at  least.  I  really  hope  my  friend 
will  back  me  when  I  say  that  the  State  Govern- 
ment in  California,  since   the  organization  of 


that  State,  has  not  fallen  short  of  an  annual 
cost  of  three  hundred  thousand  dollars,  and  I 
think  it  will  approximate  nearly  to  five  hund- 
red thousand.  If  we  take  that  as  a  precedent  for 
our  calculation  we  shall  find  that  fifty  millions 
will  be  a  very  small  amount  upon  which  to 
raise  the  means  necessary  to  carry  on  our  State 
Government. 

Mr.  WARWICK.  The  gentleman  bases  his 
calculation  on  a  precedent  in  no  wise  parallel  to 
our  own  condition.  If  I  may  be  permitted,  al- 
tliough  the  discussion  of  the  subject  has  taken 
a  very  wide  range  already,  I  wish  to  refer  back 
to,  and  controvert  if  possible  one  statement 
made  by  the  gentleman,  and  that  is  a  proposi- 
tion not  advanced,  or  at  least  not  altogether 
originated  by  the  gentleman  from  Douglas,  but 
advanced  also  by  another  gentleman,  equally  a 
friend  to  the  Pacific  Railroad,  to  wit,  that  our 
expenses  as  a  State  would  amount  to  three  hun- 
dred thousand  dollars  a  year.  This  I  contend 
is  an  erroneous  statement,  and  for  this  reason  : 
The  fact  is,  as  both  those  gentlemen  know,  that 
the  State  of  California,  in  early  times,  was  in 
an  altogether  different  condition  from  the  State 
of  Nevada  at  the  present  time.  A  series  of 
riots  ensued  upon  the  organization  of  that 
State  to  which  I  believe  the  world  knows  no 
parallel.  Again,  the  affairs  of  the  State  were 
administered  in  the  most  extravagant  manner, 
and  consequently  the  expenses  ran  up  to  enor- 
mous figures.  For  example,  clerks  were  allowed 
from  twenty  to  forty  and  fifty  dollars  per  day. 

Mr.  JOHNSON.  But  California  had  resources 
to  begin  with  ;  the  money  was  collected  and  paid 
out  of  the  "  Civil  Fund,"  as  it  was  called.  It 
was  paid  over  by  Governor  Riley,  for  the  pur- 
pose of  setting  the  State  Government  in  opera- 
tion, and  it  came  out  of  the  General  Govern- 
ment. There  was  an  ample  fund  for  the  purpose. 

Mr.  WARWICK.  But  how  soon  was  that 
fund  exhausted  ? 

Mr.  JOHNSON.  So  far  from  being  exhausted, 
there  were  three  millions  of  this  fund  paid  into 
the  Treasury  of  the  United  States,  which  the 
Senators  and  Representatives  of  California  in 
Congress  sought  in  vain  for  years  to  have 
returned,  claiming  that  it  belonged  to  the  State 
and  not  to  the  Federal  Government. 

Mr.  WARWICK.  Consequently  it  did  not 
belong  to  the  State.  I  had  occasion  to  examine 
this  whole  matter,  while  I  was  in  the  Legisla- 
ture of  the  State  of  California,  and  to  show 
the  Convention  something  of  the  nature  of  the 
extravagances  which  were  perpetrated  in  those 
early  times,  I  will  mention  the  beginning  of  the 
State  Lunatic  Asylum.  One  poor  lunatic  was 
picked  up  in  the  streets,  and  ordered  to  be 
taken  care  of,  and  in  the  short  space  of  a  very 
few  days  there  was  a  bill  of  over  two  thousand 
dollars  brought  in  and  ordered  to  be  paid  on 
the  account  of  that  one  lunatic.  That  was  the 
foundation  of  the  State  Lunatic  Asylum  of 
California,  which  has  since  cost  millions.  And, 
sir,  what  is  this  Convention  as  compared  with 
the  Constitutional   Convention  of  California? 


14th  day.] 


PACIFIC  RAILROAD. 


475 


Tuesday,] 


LocKwooD — Hawley. 


[July  19. 


I  contend  that  this  Convention  is  a  model  in  its 
way,  at  least  on  the  score  of  economy.  So 
patriotic  a  body  as  is  met  together  here,  doing 
its  own  dancing  and  paying  for  its  own  fiddling, 
I  think  is  altogether  without  parallel  in  tlie 
history  of  the  American  Union.  We  come 
down  with  our  own  dollars,  asliing  the  State  for 
nought,  but  feeding  on  glory,  sir.  What  rea- 
son have  we,  then,  to  suppose  that  a  State  com- 
mencing so  economically,  with  such  a  model 
before  it,  will  be  extravagant  in  its  expendi- 
tures ?  Our  people  are  overwhelmed  by  the 
National  debt,  and  the  Territorial  debt  perhaps 
also,  but  they  will  be  sustained  by  a  patriotic 
Legislature  and  the  example  of  a  patriotic  Con- 
vention like  the  present,  and  I  look  forward 
hopefully  to  the  future,  when  all  the  offices  will 
be  filled  by  patriotic  gentlemen,  when  judges 
will  pay  their  own  salaries  out  of  their  own 
pockets,  and  administer  justice  free,  gratis,  for 
nothing.  I  do  not  believe  the  patriotism  of 
Nevada  is  confined  exclusively  to  this  little 
body,  but  I  believe  that  others  will  come  up  to 
the  task  and  accept  of  no  more  compensation 
than  is  absolutely  requisite,  and  thus  the  ad- 
ministration of  Ihe  aflairs  of  our  State  will  be 
one  of  the  most  economical  administrations  iu 
the  world. 

But  to  return  to  serious  matters.  This  pro- 
vision states  simply  that  the  State  may  assist 
any  railroad  enterprise  to  an  extent  not  exceed- 
ing three  millions  of  dollars,  when  and  where 
she  will,  but  not  until  she  possesses  the  means 
so  to  do.  That  is  the  proposition.  When  our 
means  are  doubled,  when  the  present  hard 
times  are  passed  away,  when  the  clouds  now 
hanging  over  us  shall  give  place  to  sunshine, 
and  our  empty  pockets  grow  plethoric  with 
gold,  then  we  say  to  the  people  •'  If  you  feel 
that  you  have  the  ability,  and  your  necessities 
require  it,  we  will  not  liind  you  to  assist  any 
particular  road,  but  you  may,  within  your  own 
borders  or  out  of  them,  assist  any  railroad  en- 
terprise which  you  may  see  fit  to  aid."  I  sin- 
cerely hope  that  this  amendment,  or  one  sub- 
stantiallv  like  it,  may  prevail. 

Mr.  LOCKWOOD.  I  desire  to  say  a  few 
words  on  this  subject,  and  I  will  premise  what 
remarks  I  have  to  offer  by  saying  that  did  I 
consult  my  own  feelings  I  should  certainly 
support  the  measure  which  has  been  so  ably 
advocated  here,  and  which  gentlemen  seem  to 
take  so  much  to  heart.  But,  sir,  convictions  of 
duty,  and  the  sentiments  aud  opinions  I  enter- 
tain upon  all  these  propositions  forbid  my 
voting  iu  the  affirmative  upon  any  of  them, 
and  I  desire  to  be  as  brief  as  possiljle  in  stating 
my  reasons. 

The  question  of  internal  improvements,  car- 
ried on  by  the  General  or  State  Government,  is 
not  a  new  question.  It  is  a  question  that  has 
been  made  one  of  the  most  prominent  issues  in 
every  political  campaign  since  the  days  of 
Andrew  Jackson.  It  is  a  question  that  has 
been  decided  upon,  after  having  been  thorough- 
ly canvassed  by  the  American  people,  certainly 


since  the  days  of  my  boyhood.  I  conceive  that 
the  proposition  has  been  settled,  and  that  it  has 
been  finally  determined  upon,  in  American 
politics,  that  it  is  not  politic  to  lend  State  aid 
to  internal  improvements.  I  believe,  sir,  that 
one  of  the  main  issues  upon  which  three  or  four 
of  our  latest  Presidents  of  the  United  States 
have  been  elected  has  been  this  very  question 
of  internal  improvements.  I  ask  gentlemen  to 
cite  to  me  the  number  of  instances  where  such 
a  policy  has  furthered  the  object  which  was  at- 
tempted to  be  furthered  by  it,  or  where  it  has 
advanced  the  object  attempted  to  be  advanced. 
And  where  they  can  point  rae  to  one  single  in- 
stance of  the  kind,  I  can  point  them  to  hundreds 
of  instances  where  such  a  course  of  policy  has 
been  disastrous  in  its  results.  Look  for  instance 
at  the  State  of  California,  at  the  present  time  ! 
El  Dorado  County,  the  county  with  whose 
affairs  I  was  more  intimately  connected,  prior 
to  my  immigration  into  this  Territory,  is  groan- 
ing under  a  load  of  debt  which  there  is  no 
probability  of  her  liquidating,  I  might  say,  for 
at  least  a  hundred  years  to  come.    And  why  ? 

Mr.  HAWLEY.  Will  the  gentleman  allow 
me  to  interrupt  him  a  moment?  Does  he  know 
the  present  price  of  El  Dorado  County  scrip  ? 
Is  it  not  worth  a  higher  price  to-day  than  that 
of  any  other  county  in  the  State  of  California? 

Mr.  LOCKWOOD.  I  will  state  this— -and  I 
hope  this  will  be  the  last  interruption,  for  al- 
though others  may  not  object  to  interruptions, 
I  deprecate  them  for  the  reason  that  they  de- 
stroy the  thread  of  thought;  not  that  I  suppose 
however  that  that  was  the  gentleman's  object — 
I  will  state,  that  I  served  on  a  jury  there,  just 
before  I  left  the  county,  and  I  received  three 
dollars  a  day  in  scrip,  Ijut  it  lacked  a  good 
deal  of  paying  my  board.  Just  what  I  sold  it 
for,  however,  I  cannot  say. 

Sir,  the  question  of  granting  public  aid  to 
internal  improvements  has  been  decided  upon 
in  almost  every  political  canvass  in  our  coun- 
try, and  it  has  been  negatived.  I  presume  no 
gentleman  will  deny  that  fact.  I  was  going  to 
speak  of  a  law  passed  by  the  Legislature  of 
California,  which  allowed  the  counties  of  El 
Dorado.  Sacramento,  and  I  believe  some  other 
counties,  to  vote  for  or  against  a  proposition 
to  aid  in  constructing  a  wagon  road  over  the 
mountains.  There  was  a  great  deal  of  oppo- 
sition to  that  measure  ;  in  fact,  almost  every- 
body seemed  to  be  opposed  to  it,  but  through 
the  influences  brought  to  bear  by  that  monopoly 
the  measure  was  passed  triumphantly  through, 
although  it  was  against  the  best  sense  and  judg- 
ment of  business  men  in  that  commuoity.  Al- 
though seemingly  there  was  a  majority  against 
it,  yet  the  influences  brought  to  bear  were  such 
as  carried  it  triumphantly  through.  I  ask  if  that 
is  not  the  history  of  all  such  appropriations? 
Judging  the  future  by  the  past,  I  say  it  becomes 
us  to  learn  the  lessons  of  wisdom  from  experi- 
ence, and  I  ask  this  Convention  whether,  with 
an  appropriation  of  three  millions  of  dollars  to 
back   them,   they  do  not  think  that  any  cor- 


476 


PACIFIC  RAILROAD. 


[14th  day. 


Tuesday,] 


Warwick — Lockwood. 


[July  19. 


poration  of  this  kind  can  carry  the  measure 
through  the  Legislature,  let  the  financial  conse- 
quences be  what  they  will? 

I  will  say  further  that  I  do  not  believe  any 
appropriation  of  this  liind  would  further  the 
object  desired.  I  really  do  not  believe  it,  and 
I  think  if  I  had  time,  and  if  this  Convention 
were  disposed  to  listen  to  me,  I  could  prove  that 
proposition  to  a  demonstration.  But  I  will 
merely  make  the  point,  and  allow  any  gentle- 
man to  successfully  controvert  it  if  he  can. 

Now,  sir.  I  am  in  favor  of  the  Pacific  Rail- 
road, and  if  I  believed  that  either  one  of  the 
measures  proposed  here  was  bound  to  pass,  I 
should  certainly  favor  the  one  proposed  by  the 
representative  from  Lander,  (Mr.  Warwick.) 
Because  I  believe  that  the  Pacific  Railroad  is 
a  great  national  work.  I  believe  that  it  not 
only  appeals  to  our  interests  but  also  to  our 
patriotism  as  American  citizens,  and,  sir,  if 
anything  can  be  done  to  further  the  prosperity 
and  enhance  the  growth  and  development  of 
this  people,  it  is  to  connect  our  State  with  the 
ocean,  to  give  us  access  to  a  seaport.  Then  we 
shall  have  the  commerce  of  the  world  at  our 
command.  But  I  am  opposed  in  Mo  to  aiding 
the  construction  of  any  road — either  the  road 
from  Virginia  City  to  the  mountains,  or  any 
other  road,  to  be  built  elsewhere,  unless  the 
people  are  interested,  in  every  other  portion  of 
the  Territory.  For  a  moment  let  us  look  at 
this  subject  in  that  point  of  view.  How  much 
are  the  people  of  Esmeralda  County  interest- 
ed ?  They  are  to  come  up  and  help  to  pay  the 
taxes  ;  they  are  to  help,  to  the  extent  of  their 
full  share,  to  bear  the  burdens  of  the  State  ; 
but  how  much  are  they  interested  in  such  a 
railroad  enterprise?  And  how  much  are  the 
people  of  Lander  or  Humboldt  interested  in  a 
project  of  this  kind?  Can  the  representatives 
from  those  counties  go  before  their  constituents 
and  tell  them  that  they  have  voted  for  a  pro- 
position which  is  only  going  to  enhance  the 
value  of  property  in  the  immediate  vicinity  of 
Ormsby,  Storey,  and  Washoe  counties,  and  no 
other,  and  that  they  voted  for  such  an  appro- 
priation, fully  understanding  that  the  people 
of  Lander  County,  and  the  people  of  Humboldt 
County,  and  the  people  of  Esmeralda  County. 
were  bound  to  help  pay  it ':  I  do  insist,  as  I 
have  stated  heretofore,  and  I  have  made  I  think 
an  accurate  calculation,  that  even  if  the  prop- 
erty in  this  Territory  should  reach  the  amount 
named  in  the  amendment  suggested  by  the  gen- 
tleman from  Lander,  (Mr.  Warwick.) — even 
when  it  reaches  fifty  millions,  we  must  still  be 
subjected  to  a  tax  of  about  four  times  as  much 
as  we  are  paying  at  the  present  time,  if  we  vote 
to  grant  these  three  millions  of  dollars. 

Sir,  I  call  upon  the  representatives  of  the 
mining  interests  here— those  who  claim  to  be 
tlie  representatives  more  particularly  and  espe- 
cially of  that  interest—to  deal  justly  in  this 
matter,  now  that  they  have  decided  in  this 
Convention  that  the  mines  are  not  to  be  taxed. 
For  we  have  virtually  decided  here  that  the  I 


mines  shall  not  be  taxed,  by  declaring  that  only 
the  proceeds  shall  be  taxed,  because  last  year, 
as  we  all  know,  under  a  law  of  a  similar  char- 
acter, only  five  hundred  dollars  was  collected 
from  the  mines,  and  that  was  paid  out  for  at- 
torney's fees,  in  trying  to  collect  more.  I  think 
I  can  safely  venture  to  say  that  under  the  pro- 
vision as  it  now  stands  not  a  single  dollar  will 
ever  be  collected  from  the  mines.  Now,  sir,  I 
say  to  the  representatives  of  the  mining  inter- 
est, inasmuch  as  you  have  incorporated  that 
provision  into  our  fundamental  law,  I  call  upon 
you  to  make  the  burdens  as  light  as  possible 
upon  those  who  will  have  to  bear  them. 

It  is  proposed  here  that  this  State  shall 
give  three  millions  of  dollars  for  railroad  en- 
terprises. I  would  not  object  so  much,  or  so 
strongly  to  that  proposition,  provided  it  were 
at  all  commensurate  with  our  means,  and  our 
relative  interest.  But  what  does  the  State'of 
California  give?  That  is  a  State  whose  grand 
and  magnificent  resources  challenge  the  admira- 
tion of  every  other  State,  and  of  the  whole 
world — the  great  State  of  California  !  She  cer- 
tainly has  an  equal  interest  with  us  in  this  im- 
portant work,  and  more  so,  because  it  is  claimed 
that  one  of  the  great  objects  of  the  Pacific 
Railroad  is  that  the  Pacific  coast  may  be  pro- 
tected against  foreign  invasion.  I  claim  that 
California  has  more  than  double  the  amount  of 
interest  in  this  work  that  we  have,  and  yet  that 
great  State  only  proposes — and  I  say  she  is 
magnanimous  in  making  even  that  proposition 
— to  give  a  million  and  a  half  of  dollars. 

Mr.  WARWICK.  I  suppose  the  gentleman 
does  not  wish  to  misstate  the  facts,  and  there- 
fore I  will  ask  leave  to  correct  him.  Now  I 
candidly  admit  that  there  is  a  great  deal  of  dif- 
ference between  a  State  and  the  people  of  a 
State,  but  nevertheless  the  people  go  to  make 
up  the  State,  do  they  not  ? 

Mr.  LOCKWOOD.     Yes,  sir. 

Mr.  WARWICK.  Well,  sir,  the  people  of 
the  State  of  California  have  contributed  to  the 
Pacific  Railroad  as  follows  :  In  San  Francisco 
six  hundred  thousand  dollars,  or  a  million  al- 
together for  railroad  purposes  ;  in  the  city  and 
county  of  Sacramento  three  hundred  thousand 
dollars  ;  in  the  county  of  Placerville  about  the 
same  amount.  And  taking  all  these  together, 
with  the  amount  paid  by  the  State  of  Califor- 
nia, the  total  amount  of  the  contribution  paid 
by  California  towards  the  Pacific  Railroad  is 
something  over  three  millions  of  dollars. 

Mr.  LOCKWOOD.  But  those  appropriations 
were  made  by  the  diftereut  counties  that  are 
more  immediately  interested  in  the  construc- 
tion of  the  work — not  as  a  national  measure, 
nor  as  a  State  measure,  but  as  a  measure  in 
which  they  were  more  immediately  and  locally 
interested.  And  no  sooner,  sir,  was  that  ap- 
propriation sought  to  be  obtained  in  the  city 
and  county  of  San  Francisco,  than  they  began 
to  use  every  legal  means  to  avoid  its  pay- 
ment. They  have  got  sick  of  their  bargain 
already. 


Uth  day.] 


RIGHT  OF  SUFFRAGE. 


477 


Tuesday,] 


Warwick— LocKwooD— Banks — DeLong. 


[July  19. 


Mr.  WARWICK.  Will  the  geutlemaa  allow 
me  to  a?k  him  a  question  ? 

Mr.  LOCKWOOD.  I  hope  the  gentle  man 
will  not  interrupt  me  further. 

Mr.  BANKS.  I  wish  to  say  one  word ;  and 
that  is  that  the  gentleman  is  entirely  mistaken 
as  to  the  people  of  San  Francisco  repudiating 
or  repenting  any  bargain  of  the  kind. 

Mr.  LOCKWOOD.  Well,  the  Board  of  Super- 
visors, then — thev  are  the  agents  of  the  people. 

Mr.  WARWICK,  [in  his  seat.]  No,  sir  ;  only 
Supervisor  McCoppin. 

Mr.  LOCKWOOD.  But  they  tell  us  that  we 
distrust  the  people.  Now,  sir,  under  a  repub- 
lican form  of  government  I  claim,  and  admit, 
that  all  power  is  in  the  people  ;  but  whenever 
the  people  delegate  their  power,  we  look  to  the 
persons  to  whom  such  power  is  delegated  as 
the  representatives  of  the  people.  Now  I  ask, 
gentlemen,  if  the  object  of  a  fundamental  law 
is  not  to  mark  out  and  define,  by  plain  and 
legible  land-marks,  the  courses  and  boundaries 
of  future  legislation  ?  We  have  beeu  called  by 
the  people  to  assemble  together  here,  if  I  un- 
derstand correctly  my  position  as  a  delegate  in 
this  Convention,  to  see  if  the  people  will  be 
willing  to  go  into  a  State  organization  and 
form  a  State  government,  under  certain  re- 
strictions. Those  restrictions  are  that  the  Leg- 
islature, in  legislating  upon  this  or  that  subject, 
shall  be  allowed  to  go  so  far  and  no  farther.  Why 
is  it  that  those  gentlemen  who  now  throw  this 
charge  of  unwillingness  to  trust  the  people  in 
our  faces,  have  said  that  the  Legislature  shall 
not  tax  mines  and  mining  claims?  Why  did 
they  not  leave  that  to  the  people,  to  whom 
those  gentlemen  now  seem  to  look  for  their 
relief?  Why  not  trust  to  their  intelligence 
and  their  judgment  upon  that  question  ?  Why 
did  these  gentlemen  say.  in  another  provision 
of  the  Constitution,  that  after  the  State  debt 
shall  have  reached  a  certain  specified  amount, 
no  debt  shall  be  incurred  beyond  that  amount, 
and  that  any  appropriation  that  may  be  made 
beyond  that  will  be  null  and  void  ? 

These  are  constitutional  restrictions,  and  we 
are  not  arrogating  to  ourselves  that  power  or 
that  wisdom  which  we  do  not  possess  by  estab- 
lishing them,  because  this  instrument  is  to  be 
submitted  to  the  people  after  our  final  action 
upon  it,  and  they  will  decide  whether  it  shall 
be  the  fundamental  law  of  the  new  State  or  not. 
I  do  claim  that  in  taking  such  action  we  are 
not  arrogating  to  ourselves  any  superior  wis- 
dom, or  saying  that  wisdom  will  die  with  this 
body.  We  have  said  that  the  Legislature  shall 
provide  for  the  segregation  of  the  homestead  ; 
we  have  said  that  the" Legislature  shall  do  this 
and  that,  and  that  the  Legislature  shall  not  do 
this  or  that ;  and  I  claim  that  it  is  perfectly 
consistent  for  this  body  to  restrict  the  Legisla- 
ture in  like  manner,  in  regard  to  appropriations 
for  internal  improvements. 

But  I  place  my  objection  upon  the  basis  that 
we  are  unable  to  give  three  millions  of  dollars, 
or  anything  like  it,  to  a  railroad — that,  in  a 


business  point  of  view,  for  we  ought  to  look  at 
it  like  business  men,  when  the  Territory  is 
groaning  under  the  burden  of  taxation,  when 
nmety-five  thousand  dollars  only  per  annum 
are  collected  of  Territorial  taxes— if  they  pro- 
pose to  saddle  upon  us  even  the  interest,  amount- 
ing to  two  hundred  and  ten  thousand  dollars  a 
year,  we  cannot  endure  it,  and  ought  not  to 
undertake  it.  Is  that  business  like?  Would 
any  business  man  attempt  to  proceed  on  a  basis 
like  that  ?  No.  Now  if  the  vote  to  be  taken 
here  were  only  to  say  that  we  are  in  favor  of 
any  measure,  consistent  with  the  public  wel- 
fare, which  is  calculated  to  aid  this  great  na- 
tional work,  I  would  vote  "  aye  "  so  loud  that 
you  could  hear  me  all  over  town.  If  it  were 
merely  a  resolution  that  it  is  the  sense  of  this 
body  that  we  are  in  favor  of  doing  all  in  our 
power  for  the  construction  of  this  great  work, 
I  would  vote  '•  aye  ; "  but  while  I  would  do 
that,  I  claim  that  we  are  really  not  able  as  a 
State  to  give  anything.  It  has  been  the  study  of 
every  member  of  the  Convention  to  proceed 
upon  such  an  economical  basis,  in  establishing 
our  State  Government,  that  the  revenues  may 
be  equal  to  the  expenditures.  And,  sir,  that 
has  been  the  most  difBcult  problem  to  solve— 
the  most  difficult  one  that  has  been  or  can  be 
presented  to  the  Convention. 

The  PRESIDENT.  The  hour  for  adjourn- 
ment has  arrived. 

KIGHT    OF   SUFFRAGE. 

Mr.  DeLONG.  Before  the  Convention  ad- 
journs I  would  like  to  make  a  report ;  it  will 
not  take  a  moment. 

The  PRESIDENT.  The  report  mil  be  re- 
ceived, if  there  is  no  objection. 

Mr.  DeLONG,  from  the  Special  Committee 
to  whom  was  referred  Article  II,  entitled  Right 
of  Suffrage,  presented  the  following  report : 

The  Special  Committee  to  whom  was  referred  Arti- 
cle II  of  the  Coustitution,  eutitlecl  "  Kight  of  Suflrage," 
beg  leave  to  report  the  same  back,  and  recommend 
the  following  amendments  : 

Amend  Section  4  by  striking  out  the  words  "absent 
from  this  State,"  occurring  in  the  third  line  of  that 
section.  Also,  amend  the  amendments  heretofore  made 
to  that  section,  by  striking  out  aU  after  the  word 
"cast"  in  the  first  line,  to  and  including  the  word 
"  officers  "  in  the  second  line.  Also,  amend  Section  7 
by  striking  out  the  proviso  added  thereto. 

C.  E.  DeLong,  Chairman. 

The  report  having  been  read. 
The  PRESIDENT,  at  12  o'clock,  declared  the 
Convention  at  recess  until  2  o'clock,  P.  M. 


AFTERNOON  SESSION. 

The  Convention  met  at  two  o'clock,  P.  M., 
and  was  called  to  order  by  the  President. 

RIGHT    OF   SUFFRAGE. 

Mr.  DeLONG.     I  ask  of  the  Convention  a 
suspension  of  the  rules,  which  will  not  occupy 


478 


RIGHT  OF  SUFFRAGE. 


[14th  day. 


Tuesday,] 


DeLong — Johnson. 


[July  19. 


a  momeat,  ia  order  to  take  from  the  file  Article 
II,  entitled  Right  of  Suffrage,  which  was  re- 
ported from  the  speciul  committee  just  before 
recess,  for  the  purpose  of  placing  it  on  its  final 
passage.  The  Enrolling  Committee  have  en- 
rolled up  to  Article  II,  and  unless  that  is  acted 
upon,  so  as  to  give  the  Enrolling  Clerk  work, 
we  may  have  to  wait  a  day  or  two  after  we  get 
through  our  work,  to  enable  him  to  catch  up. 

The  PRESIDENT.  For  my  own  satisfaction 
I  should  prefer  that  the  report  should  not  now 
be  taken  up,  as  I  would  like  to  examine  it  dur- 
ing the  afternoon. 

Mr.  DeLONG.  I  was  going  to  explain  the 
amendment,  by  the  leave  of  the  Convention, 
and  it  will  take  but  a  very  few  words. 

The  first  amendment  is  to  Section  4.  It  reads 
now  in  the  section  in  this  way — "  The  right  of 
suffrage  shall  be  enjoyed  by  all  persons  other- 
wise entitled  to  the  same,  who  may  be  absent 
from  this  State  in  the  military  or  naval  service 
of  the  United  States,"  etc.  Your  committee 
deemed  that  the  words  "  absent  from  this  State  " 
would  be  construed  to  imply  that  persons  in 
the  military  or  naval  service  of  the  United 
States,  in  this  State,  should  not  be  permitted  to 
exercise  the  elective  franchise,  and  conse- 
quently they  have  recommended  the  striking 
out  of  the  words  "  absent  from  this  State,"  so 
as  to  read  "  The  right  of  suffrage  shall  be  en- 
joyed by  all  persons  otherwise  entitled  to  the 
same  who  may  be  in  the  military  or  naval  ser- 
vice of  the  United  States,"  etc.  Then  if  any 
man  is  in  the  military  or  naval  service,  whether 
in  the  State  or  out  of  it,  he  will  be  entitled  to 
the  elective  franchise. 

The  next  amendment  is  an  amendment  to  the 
amendment  adopted  on  motion  of  the  gentle- 
man from  Lyon  (Mr.  Crosman.)  It  reads  now, 
'•  Provided,  the  votes  so  cast  for  officers  of  a 
lower  grade  than  State  officers  shall  be  made  to 
apply  to  the  county  and  township  of  which 
said  voters  were  bona  Jide  residents  at  the  time 
of  their  enlistment."  The  committee  recom- 
mend the  striking  out  of  the  words  "  for  officers 
of  a  lower  grade  than  State  officers,"  so  that  it 
will  read,  "  Provided  the  votes  so  cast  shall  be 
made  to  apply  to  the  county  and  township  of 
which  said  voters  were  bona  fide  residents  at  tlie 
time  of  their  enli.-tment."  It  was  thought  that 
the  vote  of  the  soldier  should  properly  be  made 
to  apply  as  well  to  State  officers  as  to  county 
officers. 

The  third  amendment  was  to  strike  out  the 
proviso  relative  to  tlie  oath,  leaving  the  matter 
in  the  hands  of  the  Legislature,  to  prescribe 
sucli  rules,  regulations  and  restrictions  as  they 
may  deem  proper,  as  a  coiuUtion  to  the  right  of 
voters  to  have  their  names  registered.  These 
are  the  only  amendments  recommended  by  the 
committee. 

The  PRESIDENT.  So  far  as  I  am  concerned, 
my  only  desire  was  to  have  an  ojiportunity  for 
further  examination  of  these  amendments. 

The  qne=^t'on  wa'^  tak?n  on  I'jc  moliou  to  sus- 
pend the  rules,  and  it  was  agreed  to. 


The  SECRETARY  read  the  several  amend- 
ments proposed  by  the  committee. 

[Mr.  C0LLIN.S  in  the  Chair.] 

Mr.  JOHNSON.  I  do  not  desire  to  delay  the 
action  of  the  Convention  in  relation  to  this 
matter,  but  I  am  not  at  the  present  moment 
prepared  to  vote  with  a  proper  understanding 
of  the  effect  of  striking  out  tliis  test  oath.  The 
laws  now  in  force  in  the  Territory  will  doubt- 
less be  continued  in  force  until  they  are  re- 
pealed or  other  provision  is  made  upon  the 
same  subject,  and  turthermore,  the  laws  in  re- 
ference to  elections,  under  our  existing  or- 
ganization, will  undoubtedly  be  applicable  un- 
til other  laws  are  enacted  to  supersede  them. 
I  am  satisfied  of  that  ;  but  as  to  a  further 
proposition,  namely,  in  regard  to  the  question 
whether  or  not,  under  this  provision,  the  Legis- 
lature would  have  power  to  incorporate  into  a 
law  regulating  elections  any  test  oath,  I  am  not 
prepared  to  come  to  any  conclusion  at  the  pres- 
sent  time. 

I  have  had  occasion  heretofore  to  present  my 
views  on  the  subject  of  a  test  oath,  to  the  Con- 
vention. While  I  was  earnestly  desirous  of 
striking  out  this  test  oath,  in  the  relation  which 
it  then  occupied  in  the  Constitution,  requiring 
the  voter  to  take  the  oath  at  the  time  he  pro- 
posed to  cast  his  ballot — whilst  I  was  opposed 
to  that  for  reasons  which  were  satisfactory  to 
my  own  mind,  (and  I  have  had  no  occasion 
since  to  change  my  views  in  that  respect,)  on 
account  of  the  impracticability,  and  the  proba- 
bility of  delays,  which  might  prevent  many 
persons  from  exercising  the  elective  franchise — 
yet  I  thought  such  a  provision,  requiring  a  test 
oath  to  be  administered,  should  be  incorporated 
somewhere  in  the  Constitution,  and  that  the 
most  appropriate  method  was  to  give  this 
power  to  the  registrar  to  administer  this  oath, 
only  in  cases  where  the  person  might  be  chal- 
lenged on  tlie  score  of  disloyalty.  I  am  appre- 
hensive that  the  effect  of  this  proposed  amend- 
ment will  be  a  denial  of  any  power  to  the 
Legislature  to  make  any  provision  for  a  test 
oath,  whilst  in  my  judgment,  such  an  oath,  in 
its  proper  place,  is  necessary. 

I  hope  this  matter  will  not  now  be  acted  on, 
but  tiuvt  we  shall  be  allowed  a  further  opportu- 
nity to  examine  it.  I  am  willing  to  go  as  far 
as  the  farthest  of  those  who  favor  a  test  oath 
of  this  character,  but  at  the  same  time  I  am 
not  prepared  to  say  now,  as  I  said  before,  what 
the  effect  would  be,  and  I  am  unwilling  to 
place  this  matter  in  such  a  position  that  the 
Legislature  might  possibly  be  inhibited,  if  it 
were  deemed  proper  or  advisable  to  perpetuate 
a  law  similar  in  its  character  to  that  which  we 
now  have  on  our  Territorial  statute  books.  I 
do  not  charge  that  it  is  the  intention,  nor  do  I 
think  it  is  the  intention  of  my  friend  from 
Storey  (Mr.  DeLong)  to  prevent  the  Legislature 
from  exercising  that  power. 

Mr.  DeLONG.  On  the  contrary,  the  com- 
m'ttco  f  I'nk  it  does  not.  V\c  have  liad  tlic  sub- 
ject under  consideration  for  some  time,  and  we 


Uth  day.] 


RIGHT  OF  SUFFRAGE. 


479 


Tuesday,] 


Johnson — DeLoxg— Warwick — Brosnan. 


[July  19. 


have  all  come  to  the  conclusion  that  it  does 
not.  Nevertheless  it  is  possible  that  the  gen- 
tleman's views  may  be  correct. 

Mr.  JOHNSON.  I  am  satisfied  that  the  gen- 
tleman does  not  desire  to  forbid  the  Legisla- 
ture from  exercising  this  power,  and  I  certainly 
do  not ;  but  for  fear  that  it  may  be  so  inhibited, 
and  in  order  that  we  may  have  an  opportu- 
nity of  investigating  the  subject  a  ittle  more 
thoroughly,  I  trust  that  the  matter  may  be 
laid  over  for  the  present  time.  My  impression, 
from  the  hasty  examination  I  have  given  to  the 
amendment  is,  that  by  its  adoption  the  Legis- 
lature would  have  no  authority  to  enact  such  a 
law,  and  therefore  I  hope  the  gentleman  will 
withdraw  his  moti:  n  and  give  us  further  time 
to  examine  the  amendment.  It  may  be  that 
after  such  examination,  I  will,  for  one,  concur 
in  its  adoption. 

Mr.  DeLONG.  If  we  have  got  to  discuss  this 
matter,  we  may  as  well  discuss  it  now  as  at 
any  time.  The  committee  drew  up  the  report 
after  careful  consideration,  and  fully  believing 
that  the  section  as  it  stands  would  give  the 
Legislature  full  power,  whenever  they  see  fit, 
to  incorporate  tJJat  test  oath.  A  number  of 
propositions  were  advanced  in  the  committee, 
and  the  committee  unanimously  came  to  the 
conclusion,  as  did  every  other  gentleman  in  the 
room  at  the  time,  that  the  Legislature  would 
have  full  power,  with  this  amendment,  to  im- 
pose as  a  condition  of  registration,  any  condi- 
tion it  might  see  proper  to  specify. 

Mr.  WARWICK  I  call  for  the  reading  of 
the  section  as  it  will  be  if  amended. 

The  SECRETARY  read  as  follows  : 

Sec.  7.  Provisiou  shall  be  made  by  law  for  the  reg- 
istration of  the  names  of  the  electors  within  the  counties 
of  which  they  may  be  residents,  and  for  the  ascertain- 
ment by  proper  proofs  of  the  persons  who  shall  be  en- 
titled to  the  right  of  suffrage  as  hereby  established,  to 
preserve  the  purity  of  elections,  and  to  regulate  the 
manner  of  holding  and  making  returns  of  the  same. 

Mr.  WARWICK.  I  am  really  inclined  to  en- 
tertain the  same  doubt  that  occupies  the  mind  of 
the  gentleman  from  Ormsby,  (Mr.  Johnson.) 
That  is  the  way  it  strikes  me  at  present.  I 
really  cannot,  from  merely  hearing  that  amend- 
ment read,  judge  what  the  ultimate  effect 
would  be.  or  how  far  the  Legislature  would  be 
justified  and  sustained  by  it,  in  providing  a  test 
oath.  If  an  assurance  can  be  given  which  will 
satisfy  my  mind  that  in  this  amendment  there 
is  no  sacrifice  of  principle,  I  shall  be  willing  to 
support  it.  I  do  not  wish  to  occupy  the  time 
of  the  Convention  at  this  moment,  in  the  fur- 
ther consideration  of  the  subject,  but  if  the 
gentleman  from  Storey  will  withdraw  his  mo- 
tion and  allow  the  matter  to  remain  for  the 
present,  until  we  can  have  a  little  further  con- 
sideration of  it,  I  may  possibly  be  in  favor  of 
supporting  this  amendment;  otherwise,  with 
the  light  before  me  at  the  present  moment,  I 
am  not  sure  but  I  shall  be  opposed  to  it. 

Mr.  JOHNSON.  There  is  one  proposition 
which  I  will  suggest  as  incontrovertible,  and 
that   is,   that   when   certain    q-nlifieatlons   of 


voters  are  prescribed  in  the  Constitution,  un- 
less there  be  an  express  reservation,  giving 
to  the  Legislature  power  for  the  imposition  of 
additional  restraints  or  qualifications,  it  is  be- 
yond the  power  of  the  Legislature  to  prescribe 
any  other  or  further  conditions  or  restrictions. 

Mr.  BROSNAN.  I  will  suggest  that  the 
Supreme  Court  of  California  have  held  that  a 
new  oath  prescribed  by  the  Legistature  for  per- 
sons obtaining  office  or  holding  office  to  which 
they  are  nominated  or  appointed,  although  dif- 
ferent from  the  oath  laid  down  in  the  Constitu- 
tion, was  nevertheless  constitutional.  In  the 
Constitution  of  California  there  is  a  test  oath 
provided— an  oath  for  every  one  holding  office 
iuthe  State—and  the  Constitution  says  that 
this  shall  be  the  only  test  oath  required  ;  never- 
theless, the  Legislature  devised  and  enacted 
another  oath,  different  from  the  one  which  all 
officers  under  that  State  Government  had  been 
required  to  subscribe  to.  and  some  parties  raised 
a  question  upon  it,  maintaining  that  the  law 
was  unconstitutional,  because  it  prescribed  an 
oath  other  than  the  constitutional  oath  of  office  ; 
and  recently  the  case  went  to  the  Supreme  Court 
of  that  State,  and  that  tribunal  held  that  the 
Legislature  was  competent  to  prescribe  such 
an  oath,  notwithstanding  the  restriction  in  the 
Constitution  that  no  other  test  oath  would  be 
required. 

Mr.  DeLONG.  We  have  no  such  restriction 
here. 

Mr.  JOHNSON.  I  think  the  gentleman  from 
Storey  must  be  mistaken  as  regards  such  a 
decision. 

Mr.  BROSNAN.  The  case  I  refer  to  is  that 
of  the  People  ex  rel.  Highton,  the  respondent 
having  refused  to  take  the  oath  prescribed  for 
attorneys  and  ccunsellors-at-law,  in  San  Fran- 
cisco. 

Mr.  JOHNSON.  I  think  the  gentleman  will 
find  that  to  be  entirely  a  different  case.  The 
oath  there  prescribed  refers  to  an  office  not 
known,  recognized,  or  even  suggested  in  the 
Constitution  of  that  State.  I  will  saj',  however, 
that  with  the  limited  understanding  1  have  of  the 
amendment,  derived  from  a  hasty  examination, 
I  am  now  prepared  to  discuss  it,  either  in  its 
constitutional  or  legal  bearings,  or  perhaps  as 
a  question  of  expediency,  and  we  should  en- 
deavor, by  all  means,  to  avoid  any  hasty,  and 
possibly  inconsiderate  action  on  sucii  a  matter. 

I  was  proceeding  to  remark,  before  the  ex- 
planation was  made  by  the  gentleman  from 
Storey  (Mr.  Brosnan)  as  to  the  nature  of  the 
case  to  which  he  referred,  that  I  recollected  no 
such  decision  of  the  Supreme  Court  of  Califor- 
nia, and  if  that  court  ever  rendered  such  a 
decision,  while  I  have  a  higher  appreciation 
of  the  decisic'fns  of  the  Supreme  Court  of  Cali- 
fornia than  some  gentlemen  here,  or  at  least 
one  who  has  alluded  to  the  decisions  of  that 
tribunal,  at  the  .same  time  whoever  might  have 
been  responsible  for  such  a  ruling,  I  will  take 
upon  myself  the  responsibility  of  saying  that 
I   can  point  to  decisions  of  the  courts  of  nine 


480 


RIGHT  OF  SUFPRAGE. 


[Uth  da  J,. 


Tuesday,] 


DeLoxg — Brosnan — Johnson. 


[July   19. 


out  of  teu  States  where  the  adverse  position 
has  been  held.  It  is  absurd  to  say  that  when 
a  form  of  oath  has  been  prescribed  in  a  State 
Constitution,  and  by  express  language,  declar- 
ing that  no  other  or  further  test  shall  be  required, 
a  Court  may  yet  give  a  judicial  construction, 
notwithstanding  those  inhibitory  words,  to  the 
etfect  that  the  Legislature  may  add  to  or  sub- 
tract from  that  prescribed  form  of  oath.  It  is 
a  proposition  altogether  untenable,  and  it 
amounts  only  to  this,  that  if  the  Supreme  Court 
of  California  ever  made  such  a  decision,  it 
erred  most  glaringly,  and  is  not  supported  by 
the  decisions  of  the  courts  of  any  other  State. 

But  light  has  been  shed  upon  the  subject  by 
the  explanation  of  the  gentleman  from  Storey, 
that  the  oath  is  only  that  in  relation  to  attor- 
neys and  counsellors-at-law,  for  no  form  of 
oath  for  them  is  prescribed  in  the  Constitution. 
That  subject  is  therefore  left  for  the  wisdom  ot 
the  Legislature,  in  the  exercise  of  its  legitimate 
power,  while  the  form  of  the  oath  for  the  offi- 
cers of  the  State,  under  the  Constitution,  is 
prescribed  and  fixed.  Therefore  1  take  it  that 
this  is  not  a  case  in  point.  To  use  a  familiar 
legal  phrase,  it  has  •'  no  applicability  to  the 
question  at  bar." 

Upon  referring  to  this  provision  of  the  Cali- 
foruui  Constitution,  it  will  be  seen  that  it  ex- 
pressly specifies,  in  the  language  of  the  section 
itself,  what  it  refers  to.  It  defines  what  it 
means,  and  therefore  defining  what  it  does 
mean — specifying  those  officers  to  whom  it  does 
apply — the  conclusion  is,  by  a  familiar  rule  of 
legal  interpretation,  that  it  excludes  all  others 
from  its  operation,  and  thereibre,  in  respect  to 
other  officers,  the  power  would  necessarily  de- 
volve upon  the  Legislature  to  regulate  the 
matter.  But  the  difficulty  here  is  that  when 
we  prescribe  a  form  of  oath  for  executive,  judi- 
cial, legislative,  and  all  civil  officers,  it  is  not 
within  the  scope  of  legislative  power  to  add  to, 
or  substract  from  the  form  of  that  oath,  or  to 
make  any  change  or  addition  to  it.  I  repeat, 
as  a  legal  proposition,  which  cannot,  be  suc- 
cessfully retuted,  that  the  Legislature  can  have 
no  such  authority.  This  is  the  provision  of  the 
California  Constitution  : 

"  Section  3.  Members  of  the  Legislature,  and  all 
officers,  executive  aud  judicial,  except  sucli  Inferior 
officers  as  may  be  by  law  exemijted,  shall,  before  they 
enter  on  the  duties  of  their  resijective  offices,  take 
aud  subsciibc  the  following  oath  or  affirmation :  '  I  do 
solemnly  swear,  (or  affirm,  as  the  case  may  be,)  that  I 
wiU  support  the  Constitution  of  the  United  States,  and 
the  Constitution  of  the  State  of  California,  and  that  1 
\^-ill  faithfully   discharge   the  duties   of  the  office  of 

according  to  the  best  of  my  ability.'     And  no 

other  oath,  declaration  or  test,  shall  be  refiuired  as  a 
qualification  for  any  office  or  public  trust." 

Mr.  IJkLONG.  That  is  just  the  language  of 
our  own  Constitution,  relative  to  men  who  are 
elected  or  appointed  to  oHice.  There  is  no  oath 
prescribed  iu  the  Constitution,  however,  in  ref- 
erence to  what  shall  constitute  the  qualifications 
of  a  voter,  aud  what  point  is  there,  then,  in  the 
argument  that  the  Legislature  may  not  pre- 
scribe any  other  oath  't    There  is  an  established 


oath  for  office-holders,  but  none  prescribed  for 

voters,  and  therefore  we  leave  the  Legislature 
full  power  to  provide  any  other  means  they 
please,  even  to  the  examination  of  witnesses, 
if  they  deem  it  proper,  to  test  the  question 
whether  or  not  a  man  is  qualified  to  vote. 

Mr.  BROSNAN.  I  think  I  did  not  state  my 
proposition  in  relation  to  the  ruling  of  the  Su- 
preme Court  of  California  in  the  case  to  which 
1  referred,  so  as  to  be  clearly  understood.  This 
was  not,  as  I  understand  it,  an  oath  to  be  taken 
ujion  the  admission  of  a  lawyer  to  the  bar,  but 
it  was  an  oath  required  to  be  administered  to 
him,  and  which  in  this  case  he  had  refused  to 
take,  in  the  prosecution  of  a  suit,  he  having 
been  previously  admitted  to  the  bar.  The  Leg- 
islature had  provided  by  law  that  any  person 
refusing  to  take  that  oath  should  not  be  per- 
mitted to  defend  or  prosecute  a  suit.  Mr. 
Gregory  Yale  contested  the  law  at  one  time  on 
the  same  point  of  constitutiouality,  but  after- 
ward he  took  the  oath.  The  argument  against 
the  law,  as  I  understand  it,  was  this,  that  an 
attorney-atlaw  is  a  judicial  officer,  and  there- 
fore not  compellable  to  take  any  oath  save  that 
prescribed  for  judicial  officers  in  the  Constitu- 
tion. The  decision  of  the  Supreme  Court  I  un- 
derstand to  have  been  that  an  officer  of  a  court 
is  ex  vi  termini,  a  judicial  officer,  coming  within 
the  category  of  judicial  officers,  and  discharging 
the  duties  of  his  office  as  such,  aud  that  attor- 
neys being  in  that  category  must  take  the  oath. 
It  is  not  disputed  that  he  is  a  judicial  officer, 
under  the  section  of  the  Constitution  which  the 
gentleman  from  Ormsby  has  read.  The  grounds 
of  objection  being  that  he  should  not  be  re- 
quired to  take  an  extra  oath,  and  that  its  re- 
quirement was  in  contravention  of  that  section 
which  prescribes  the  oath  to  be  taken  by  all 
judicial  officers,  and  that  attorneys  therefore 
need  not  take  any  oath,  e.xcept  the  one  pre- 
scribed in  the  Constitution  itself,  the  Supreme 
Court  ruled  to  the  contrary.  Hence  I  said  that 
in  my  judgment,  and  I  based  it  on  the  decision 
of  the  Supreme  Court  of  that  State,  I  appre- 
hei-ded  that  there  was  no  legal  force  in  the 
suggestion  of  the  gentleman  from  Ormsby. 

Mr.  JOHNSON.  I  am  constrained  to  fall 
back  upon  my  original  suggestion,  that  it  is 
a  propos.t  on  of  law  sustained  by  not  a  single 
respectable  court,  save  that  of  California  ;  and 
for  such  a  ruling  I  have  no  respect,  even 
though  it  emanates  from  men  possessing  the 
legal  learning,  and  undoubted  professional  repu- 
tation, which  distinguishes  the  judges  who  con- 
stitute that  Supreme  Court  Bench.  Now,  sir, 
I  regret  exceedingly  that  I  am  forced  to  take 
that  position.  I  know  full  well  that  those 
judges  occupy  a  much  higher  grade  in  profes- 
sional repute  than  I  do,  but,  sir,  I  do  not  retract 
what  I  have  said,  and  I  am  willing  to  be  placed 
on  the  record  as  dissenting  from  sucii  a  decision. 
I  think,  however,  that  my  friend  from  Storey, 
(Mr.  Brosnan,)  must  be  mistaken  as  to  the  ex- 
tent and  scope  of  the  interpretation  given  to 
that  section  of  the  California  Constitution  by 


14th  day.] 


RIGHT  OF  SUFFRAGE. 


481 


Tuesday,] 


DeLoxg— Johnson— Earl— Warwick. 


[July  19. 


the  Supreme  Court,  for  I  cannot  conceive  that 
it  is  possible  for  gentlemeu  who  occupy  so  ex- 
alted a  position  as  that  of  members  of  the 
highest  appellate  court  of  the  State  of  Cali- 
fornia, ever  to  nullify,  by  their  decisions,  the 
plain,  unmistakable  language  of  the  State  Con- 
stitution— language  which,  as  I  understand  it, 
is  susceptible  of  but  one  construction. 

But  the  other  gentleman  from  Storey  (Mr. 
DeLong)  says  there  is  no  point  in  these  objec- 
tions, because  we  have  not  provided  a  test  oath 
for  voters.  Here  is  the  very  point  involved. 
As  we  have  once  provided  such  an  oath,  if  we 
now  strike  it  out  a  query  is  suggested  to  my 
mind  whether  the  Legislature  would  have  the 
power  to  establish  it.  It  is  just  here  where 
the  doubt  is  suggested.  Now  I  do  not  desire  to 
discuss  the  matter  at  this  time,  and  have  asked 
for  a  postponement,  because,  with  my  present 
understanding,  I  should  be  compelled  to  vote 
against  the  amendment,  whereas,  being  aftbrded 
an  opportunity  for  investigation,  I  might  coin- 
cide with  the  views  of  the  gentleman  from 
Storey.  It  is  for  the  reason  that  1  doubt  the 
power  of  the  Legislature,  and  fear  that  b}'  force 
of  other  provisions,  it  would  be  beyond  its  pow- 
er to  prescribe  an  additional  test  oath,  or  any 
test  oath  whatever,  if  we  strike  this  out,  that  I 
desire  further  time  for  consideration. 

I  repeat  that  from  the  reading  here,  and  the 
limited  time  I  have  been  able  to  give  to  examin- 
ing the  article  and  the  amendatory  sections,  I  at 
least  fear  that  this  power  will  be  placed  beyond 
the  scope  of  legislation.  I  understand  that  the 
gentleman  from  Storey  (Mr.  DeLong)  does  not 
wish  to  place  this  subject  beyond  the  power  of 
the  Legislature,  but  on  the  contrary  desires 
that  the  Legislature  may  have  full  power  in 
the  premises.  I  concur  with  him  so  far,  but  at 
the  same  time  I  do  not  want,  to  use  a  vulgar  ex- 
pression, to  "  go  it  blind."'  I  do  not  want  to 
take  such  an  action  as  perhaps  may  place  it 
beyond  legislative  control.  The  laws  of  the 
Territory  will,  I  suppose,  be  continued  in  force 
until  they  are  repealed,  but  can  be  operative 
only  so  far  as  they  are  not  inimical  to  this 
Constitution. 

Mr.  DeLONG.  Why  not  offer  an  amendment 
to  the  section,  rather  than  vote  it  down  ?  If 
the  gentleman  is  afraid  of  it,  I  will  otfer  an 
amendment  to  meet  his  objection. 

Mr.  JOHNSON.  I  hope  the  Convention  will 
bear  with  me  one  moment  further.  Gentlemen 
will  bear  witness  that  I  have  expressed  no  fear. 
I  only  say  that  I  think  the  section  would  not 
confer  that  power  on  the  Legislature,  and  I 
agree  with  the  gentleman  from  Storey  in  desir- 
ing to  give  the  Legislature  that  power. 

Mr.  DeLONG.  I  have  only  to  say  in  reply, 
that  some  twenty  or  twenty-five  members  of 
the  Convention  agree  that  the  provision  does 
give  that  power  to  the  Legislature.  If  the 
gentleman  from  Ormsby  thinks  it  does  not,  let 
him  offer  an  amendment. 

Mr.  JOHNSON.  I  do  not  know  that  I  should 
recognize   the   right   of  the   gentleman  from 

a5 


Storey  to  speak  for  twenty  or  twenty-five  mem- 
bers. 

Mr.  DeLONG.  I  will  read  what  I  proposed 
to  offer  as  an  amendment,  to  meet  the  gentle- 
man's views. 

Mr.  JOHNSON.  The  gentleman  will  pardon 
me  ;  when  I  want  to  offer  an  amendment,  I 
think,  with  all  respect,  I  can  find  the  language 
which  will  express  my  wishes.  But  here,  upon 
the  spur  of  the  moment,  I  say  I  do  not  de-sire 
to  discuss  the  legality  or  the  illegality  of  the 
proposition.  I  do  not  want  a  hasty  vote  on  so 
vital  a  question.  I  have  repeatedly  explained 
that  I  am  not  prepared  now  to  say  whether  it 
is  correct,  or  incorrect,  but  I  fear  it  is  not 
proper,  and  with  a  view  of  further  examining 
it  I  have  asked  its  postponement. 

Mr.  DeLONG.  I  ask  again,  does  the  gentle- 
man fear  that  it  does  not  give  the  power  to  the 
Legislature  which  we  think  it  does  give  ?  If 
so,  will  it  take  long  to  remedy  it?  I  do  not 
think  it  need  take  two  minutes  to  perfect  an 
amendment  to  say  here  that  the  Legislature 
may  prescribe  any  other  test,  or  may  prescribe 
any  oath.  Let  the  gentleman  offer  the  amend- 
ment he  wishes,  and  it  will  be  supported,  I  have 
no  doubt.  But  in  order  to  facilitate  the  busi- 
ness of  the  Convention,  in  order  to  have  the  En- 
rolling Clerk  go  on  and  keep  the  enrollment 
up,  so  that  we  may  be  able  to  adjourn  as  early 
as  possible,  I  desire  to  dispose  of  this  matter 
now. 

Mr.  JOHNSON.  I  am  informed  by  the  Sec- 
retary that  there  is  ample  business  to  keep  the 
Enrolling  Clerk  at  work  until  to-morrow,  so 
that  argument  is  without  foundation.  As  to 
the  other  matter,  of  an  amendment,  I  want  to 
embody  no  surplusage  in  this  Constitution.  If 
it  is  found  that  this  section  has  already  vested 
the  power  we  desire  in  the  Legislature,  I  am 
content  to  agree  with  the  gentleman  in  support- 
ing it.  For  myself — and  I  am  speaking  for 
myself  alone,  and  not  for  twenty-five  or  thirty 
members  of  the  Convention — I  say  if  it  does 
give  the  Legislature  that  power,  I  shall  ask  for 
no  amendment;  but,  on  the  contrary,  if  it  does 
not,  I  shall  undoubtedly  be  compelled  to  pre- 
sent an  amendment  embracing  that  feature. 

Mr.  EARL.  Three-quarters  of  an  hour  have 
now  been  consumed  in  arguing  this  question. 
I  presume  we  have  all  made  up  our  minds,  and 
I  hope  the  Convention  will  not  be  detained 
longer  in  argument.  I  call  for  the  question. 
[■'  Question  !  question  ! '"] 

Mr.  WARWICK.  There  is  no  time  when  I 
have  risen  to  address  this  Convention  that  I 
have  felt  so  deeply  upon  the  suViject  pending  as 
I  now  feel.  What  I  am  about  to  say  may  pos- 
sibly be  wrong,  but,  sir,  I  feel  my  heart  almost 
sink  within  me.  I  have  tried,  while  sitting 
here  and  listening  to  the  speech  of  the  gentle- 
man from  Ormsby,  (Mr.  Johnson.)  to  refrain  if 
possible  from  speaking  on  this  question  ;  but, 
to  me,  sir,  it  assumes  an  importance  wiiich  no 
other  question  has,  and  whatever  may  be  the 
result  to  me,  I  cannot  abstain  now,  nor  do  I 


482 


RIGHT  OF  SUFFRAGE. 


[14th  dav. 


Tuesday,] 


Chapin — Warwick. 


[July  19. 


desire  to.  from  giving  breatli  and  utterance  to 
the  fellings  which  sway  me.  I  fear  that,  in  the 
amendments  here  proposed,  I  see  a  concession 
to  those  to  whom  we  have  no  right  to  concede, 
a  pandering  toward  an  interest  to  which  we  have 
no  riglit  to  pander  ;  a  loolving  for  aid  from  those 
from  whom  we  have  no  right  to  expect  aid.  I 
fear  we  are  asking  from  our  enemies,  and  from 
the  enemies  of  our  governiiient,  assistance 
which  we  ought  to  be  ashamed  to  take.  That  is 
what  I  fear,  sir.  I  fear  to  go  back  to  my  con- 
stituents and  tell  them  that  when  this  question 
came  up.  and  when  the  outside  pressure  was 
brought  to  bear  in  regard  to  the  success  of  our 
Constitution,  although  feeling  that  I  was  right, 
I  WHS  afraid  to  stand  up  for  the  riglit,  lest  the 
Constitution  should  sink  and  I  should  sink  with 
it,  but  rather  sought  to  pander  to  the  wrong,  as 
one  of  the  elements  of  success.  If  I  could  as- 
sist the  gentleman  from  Storey,  I  would  assist 
him.  but  I  cannot. 

When  I  was  preparing  to  leave  my  home  on 
the  eastern  border  of  our  Territory  to  come  to 
this  Convention,  an  old  man,  one  of  the  most 
respectable  of  my  constituents,  approached  me 
and  said  :  '-Be  sure  of  that  test  oath  !  "  And 
again,  just  as  I  was  about  leaving,  he  came  to 
me  and  said  :  "Do  not  forget  the  test  oath  !  " 
And  wh}'  ?  Because,  sir,  the  importance  of  that 
measure  impressed  itself  upon  his  mind.  As  I 
pressed  his  hand,  I  said:  '•  You  can  rely  upon 
me" — and  so  he  can,  to  the  last.  What  is  the 
reason  that  at  this  time,  after  we  have  had  a 
full  and  mature  consideration  of  two  or  three 
days  npon  this  very  question,  this  amendment 
is  sought  to  be  incorporated  here?  I  ask  if  it 
is  not  on  account  of  the  outside  pressure  which 
has  been  brought  to  bear?  Is  it  not  on  ac- 
count of  the  promises  of  assistance  which  we 
have  no  right  to  look  for,  and  which  we  should 
spurn— aye,  spurn! — if  it  were  offered  to  us? 

I  have  never  in  n)y  life  consented  to  sacrifice 
princii)le  to  expediency,  but  that  I  have  subse- 
quently had  occasion  to  regret  it.  Trust  to 
expediency  and  see  where  it  will  lead  us.  Un- 
der despotism  it  has  hurried  the  purest,  the 
bravest,  and  the  noblest  to  the  scaffold  and  the 
dungeon.  But  high  over  expediency  rise  justice, 
right,  and  truth.  High  over  it  rises  another 
principle,  tliat  ri'sts  in  tl)e  heart  of  the  states- 
man who  clierishes  there  only  the  good,  the 
sole  gi)0d,  of  his  country.  We  are  now  at  a 
point  that  ricjuiros  somi'thing  more  tlian  the 
ordinary  attention  and  interest  of  the  Conven- 
tion. 1  fear  we  are — 1  regret  to  say  tlie  word 
— a))out  t)  pander  to  an  interest  that  every 
member  wlio  liears  me  may  regret  to  the  last  of 
his  life  ever  liaving  souglit  to  conciliate.  Itather 
perish  and  die,  I  say,  than  live  by  means  which 
we  should  ever  after  reprobate.  Why,  sir,  sup- 
pose the  success  of  this  great  issue  before  us 
were  trembling  in  tlie  ))alance.  and  the  assist- 
ance we  could  borrow  from  this  soiu'ce  might 
insure  its  success,  how  much  would  we  have  to 
congratulate  ourselves  upon  in  after  time? 
Place  it  in  whatever  light  you  will,  it  is  that 


interest  which  is  hostile  to  our  government 
which  we  are  seeking  to  conciliate,  for  the  pur- 
pose of  carrying  this  Constitution  before  the 
people.  That  is  it.  We  are  seeking  the  aid  of 
an  unworthy  interest,  in  order  to  secure  the 
passage  of  this  instrument.  Than  it  should 
pass  by  sucli  unworthy  aid,  I  would  rather  see 
it  sink — ,iye,  sink  forever — even  though  I  were 
to  perish  beneath  its  ruins.  Having  once  made 
up  his  mind  to  the  path  of  right,  the  man  who 
sways  from  that  path,  to  the  right  or  the  left, 
though  it  be  only  for  an  instant,  has  taken  that 
first  false  step  which  will  ultimately  secure,  I 
fear,  not  only  liis  political  but  his  eternal  dam- 
nation. I  tell  you.  Mr.  President,  that  this 
question,  let  it  be  sought  to  be  covered  up  and 
hidden  by  as  nice  an  arrangement  of  words  as 
you  please,  is  the  most  important  question  that 
has  yet  come  before  this  Convention. 

Mr.  CHAPIN,  [in  his  seat.]  Except  the  rail- 
road question. 

Mr.  WARWICK.  No,  sir  ;  let  the  railroad 
and  all  other  interests  be  annihilated  rather 
than  this  thing  should  be  done.  It  is  not  a 
question  of  a  railroad  ;  it  is  not  a  question  of 
internal  improvements  ;  but  it  is  a  question  of 
eternal  rights.  It  is  a  question  of  principle,  of 
a  principle  that  was  living  before  the  railroad 
was  thought  of,  and  which  shall  live  till  the 
last  railroad  on  earth  shall  be  annihilated.  I 
look  upon  that  question  of  a  railroad  as  alto- 
gether unimportant,  in  comparison.  This  ques- 
tion does  not  occupy  the  same  status  that  it  did 
the  other  day.  It  comes  up  under  a  different 
phase.  We  have  made  up  our  decision  upon  it 
already,  and  have  said  that  such  and  such  a 
test  shall  be  incorporated  into  the  Constitu- 
tion, and  why  ?  Because  we  then  considered  it 
right.  But  since  then  has  any  pressure  been 
brought  to  bear  upon  the  Convention?  Have 
gentlemen  thought  the  Constitution  would  not 
be  sustained  Ijy  so  large  a  number  of  the  ele- 
ments of  strength  as  would  support  it  if  this 
amendment  were  made?  What  element  do  they 
expect  to  secure  ?  It  is  the  evil  element  of  dis- 
loyalty, which  we  are  here  to  oppose.  It  is  the 
element  which  is  now  arraytd  against  the  gov- 
ernment and  seeking  its  overthrow.  It  is  the 
element  against  which  the  hand  of  every  loyal 
man  is,  and  should  be  raised.  We  have  been  seek- 
ing its  life,  as  it  has  been  seeking  for  ours,  and 
not  ours  alone,  but,  above  all,  the  national  life, 
the  great  heritage  which  we  are  to  send  down 
to  our  children,  and  our  children's  children,  as 
long  as  the  republic  shall  last,  as  long  as  the 
earth  shall  endure. 

This  is  a  question  of  right,  sir,  which  arises  not 
merely  i:i  poliiical  eoaventions,  but  which  takes 
its  birth  with  the  life  of  man,  and  survives  his 
decay.  Can  we  afibrd  to  sway  a  little  to  the 
right,  or  to  the  left,  for  the  sake  of  expediency? 
Tlie  gentleman  from  Storey  thinks  we  can.  He 
thinks  if  we  strike  out  this  test  we  shall  receive 
the  aid  of  a  certain  element  in  this  community 
which  will  be  arniyid  agiinst  us  if  we  incor- 
porate it  into  our  Constitution.    Sir,  does  that 


14th  day.] 


RIGHT  OF  SUFFRAGE. 


483 


Tuesday,] 


DeLong — Warwick — Haines. 


[July  19. 


test  give  offence  to  any  loyal  n^an  ?  Does  it 
give  pain  to  the  heart  of  any  loyal  man  who 
wishes  for  the  welfare  of  his  country?  Does 
any  true  patriot  shrink  from  that  test?  I  ven- 
ture to  say,  not  one.  It  was  a  question  of  ex- 
pediency, the  other  day,  as  to  whether  the  oath 
should  be  applied  to  everybody,  simply  because 
it  did  not  seem  to  be  absolutely  necessary  that 
loyal  men  should  be  put  to  the  trouble  of  taliing 
the  oath,  but  the  Convention  in  its  wisdom  de- 
cided that  it  should  be  applied  to  all  alike,  in 
order  to  make  the  provision  as  little  odious  as 
possible  when  the  amnesty  shall  come — in  order 
that  no  man  should  feel  that  he  was  thrust  out 
of  the  pale  of  forgiveness.  Notwithstanding 
that  his  great  sin  is  written  in  inelfaceable  scar- 
let letters  upon  the  folds  of  his  garments,  still 
the  Angel  of  Mercy  may  unfold  her  broad 
wings  to  encompass  all,  even  traitors  of  the 
darkest  dye.  For  that  reason  we  said  to  them — 
"  We  insist  upon  no  test  for  you  which  we. are 
not  willing  to  take  ourselves.  We  impose  no 
test,  to  which  any  man  who  loves  his  country 
will  not  willingly  and  freely  submit."  In  or- 
der to  remove  the  sting  and  barb  as  far  as  pos- 
sible, that  it  may  not  rankle  in  the  hearts  of 
these  men  and  recall  the  memory  of  the  evil 
deeds  they  have  committed,  we  said — "  We  will 
submit  to  the  same  test  which  we  propose  to 
you."  That  was  a  wise  and  merciful  provision, 
and  an  honor  to  the  gentleman  Mho  first  pro- 
posed to  incorporate  it  in  this  article.  But 
now,  when  we  have  made  our  election,  when  by 
the  vote  of  a  large  majority  that  oath  is  placed 
in  our  Constitution,  it  is  sought  to  be  removed 
thence,  for  the  sake  of  securing  the  support  of 
those  men  who  are  arrayed  against  the  Govern- 
ment.    Our  Government  needs  no  such  aid. 

Sir,  we  were  called  together  here  for  the  high 
and  noble  purpose  of  assisting  to  remove  a 
great  blot  existing  upon  the  escutcheon  of  the 
United  States — for  the  purpose  of  enabling  the 
United  States  of  America  to  stand  before  the 
world  as  the  great  home  of  American  Freedom, 
as  the  home  of  the  oppressed  of  every  land,  of 
the  dowu-trodden  of  every  clime.  This  is  not  a 
question  of  party.  High  above  parties  and 
factions  is  the  glorious  American  Union.  The 
names  which  have  distinguished  the  divisions  of 
political  parties  shall  perish  and  be  forgotten  ; 
the  names  even  of  those  who  have  been  honored 
by  them  shall  be  forever  ignored  ;  the  smoke 
shall  pass  away  from  the  hundreds  of  battle 
fields,  and  the  grass  grow  green  again  over  the 
graves  of  the  slain  ;  the  thunders  of  battle 
shall  give  place  to  the  peaceful  hum  of  indus- 
try ;  the  mournful  relics  of  those  who  have 
given  their  lives  for  their  country  shall  rest  in 
green  and  peaceful  meads,  and  waving  grass 
and  blooming  flowers  of  returning  spring  shall 
rise  lightly  as  a  canopy  above  them  ;  and  even 
when  almost  the  memory  of  this  desolating 
strife  shall  have  passed  away,  still  this  Union 
shall  live  and  endure  for  countless  generations. 
But,  sir,  if  the  Union  is  to  live  and  endure,  it 
will  not  be   because  questions  of  expediency 


have  risen  superior  over  questions  of  right.  I 
tell  you,  sir,  that  even  this  little  amendment, 
worded  so  carefully,  covered  up  so  nicely  that 
it  seems  to  signify  nothing,  has  a  great  and  im- 
portant significance.  It  has  a  meaning  which 
I,  for  one,  am  not  willing  to  go  back  to  my 
constituents  and  defend. 

I  did  not  intend  when  I  sat  down  the  last 
time  to  speak  upon  this  question  again,  but 
when  the  gentleman  from  Ormsby  (Mr.  John- 
son) had  used  every  conceivable  argument  ap- 
parently in  vain,  in  endeavoring  to  secure  an 
opportunity  for  investigating  tlie  subject,  it 
impressed  me  so  powerfully  that  I  could  not' 
sit  here  in  silence  and  see  this  matter  passed 
upon  by  the  Convention  without  entering  my 
protest  against  it,  without  raising  my  voice  and 
saying,  "  Gentlemen,  pass  it  if  yon  will,  but  I 
am  the  bitter  enemy  of  that  compromise,  now 
and  forever."  That  is  the  way  I  feel  on  this  sub- 
ject. It  may  be  carried  by  this  Convention, 
and  the  gentleman  from  Storey  says,  if  I  under- 
stand him  correctly,  that  some  twenty  or  more 
members  have  agreed  to  support  it. 

Mr.  DeLONG.  Oh  no,  sir  ;  I  said  simply 
that  as  many  as  twenty  or  more  members  con- 
sidered that  that  section,  as  it  is  proposed  here 
to  be  amended,  would  give  the  Legislature 
power  to  impose  any  oath  they  pleased. 

Mr.  WARWICK.  Then  I  will  withdraw  that. 
It  appears,  then,  that  eighteen  or  twenty  mem- 
bers of  this  Convention  differ  from  me.  I  very 
much  regret  it.  They  are  gentlemen  whose 
wisdom  I  would  acknowledge,  gentlemen  whose 
veneraljle  aspect,  and  experience,  and  judgment 
justly  entitle  them  to  honor  and  respect  and 
deference,  while  I  am  but  an  humble  individual. 
Could  I  follow  in  their  pathway  most  willingly 
would  I  do  it,  but  feeling  as  I  do  that  no  ques- 
tion of  so  much  moment  has  ever  before  been 
raised  in  the  Convention,  feeling  that  the  ques- 
tion of  expediency  is  seeking  to  override  the 
question  of  right,  I  say  again,  most  solemnly, 
that  I  cannot  go  with  you.  I  wash  my  hands 
of  the  measure.  Adopt  it  if  you  will,  but  I 
am  its  enemy,  now  and  forever. 

Mr.  HAINES.  I  had  inlended  to  keep  my 
seat  and  say  nothing  on  this  subject,  but  oa 
more  careful  reflection  I  have  concluded  that 
I  cannot  do  justice  to  myself  and  to  my  con- 
stituents, without  offering  a  few  remarks  in  ad- 
dition to  those  which  have  been  submitted  by 
gentlemen  more  able  than  I  am  to  present  the 
subject  in  a  clear  light. 

Only  a  few  days  ago  we  had  this  question 
under  discussion,  and  it  was  then  very  fully 
and  ably  discussed,  and  the  section  in  its  pres- 
ent form  was  adopted  by  quite  a  large  majority. 
Many  of  the  gentlemen  then  voting  in  the 
affirmative,  expressed  themselves  anxious  to 
have  the  oath  incorporated ;  they  were  not 
merely  desirous,  but  strenuously  anxious  to 
have  it  incorporated.  But  there  seems  for 
some  reason  to  have  been  a  change  in  the  minds 
of  gentlemen.  Then  the  taxation  clause  had 
not  been  sprung  upon  the  Convention,  and  gen- 


484 


RIGHT  OF  SUFFRAGE. 


[14th  da] 


Tuesday,] 


DeLoxg — McClinton — Haines — Brosnan — Dunne. 


[July  19. 


tlemen  were  not  fully  satisfied  as  to  the  finan- 
cial couditiou  we  siiould  stand  in  when  we 
should  have  disposed  of  that  clause.  When 
that  question  came  up,  and  was  argued  at 
length  in  the  Convention,  we  were  told  that 
certain  members  would  withdraw  from  the  Con- 
vention, unless  a  certain  measure  should  pass— 
unless  the  taxation  clause  should  be  so  modi- 
fled  as  to  exclude  certain  portions  of  the  prop- 
erty of  the  State  from  taxation  —  and  those 
gentlemen  have  so  far  succeeded,  that  we  are 
deprived  of  the  support  of  about  three-fourths 
of  the  property  of  the  State,  in  bearing  the 
burdens  of  the  State  ;  we  are  deprived  of  the 
assistance  of  about  three-fourths  of  the  prop- 
erty of  the  State,  In  the  navigation  of  that  new 
ship  which  is  about  to  be  launched.  Those 
gentlemen  then  expressed  themselves  satisfied, 
and  so  far  from  opposing  the  Constitution,  as 
they  had  previously  declared  they  would  do, 
they  are  now  very  anxious  that  the  Constitu- 
tion shall  be  ratified  by  the  people.  They  are 
not  only  anxious  for  it,  but  they  are  working 
for  it  in  every  possible  way.  I  have  no  doubt 
they  will  go  before  their  constituents  and  tell 
them — "  Gentlemen,  you  bear  no  portion  of  the 
burdens  of  the  State  Government  about  to  be 
inaugurated.  You  can  well  afford  to  vote  for  j 
it,  because  you  are  not  taxed  and  will  have  no  ' 
portion  of  the  burdens  to  bear."  i 

Then,  again,  it  has  been  said  here  that  con- [ 
sistency  is  a  jewel,  but  some  of  these  very  i 
consistent  gentlemen  were  opposed  to  the  rail- 1 
road  proviso.  They  were  opposed  to  advancing  j 
anything  toward  the  construction  of  the  Pacific  j 
Railroad,  but  as  soon  as  the  article  on  taxation  j 
was  so  modified  as  to  exclude  from  taxation  j 
three-fourths  of  the  property  of  the  State,  • 
leaving  the  provision  so  vague  that  no  two  I 
members  can  understand  it  alike — (although  I 
am  satisfied  in  my  own  mind  that  it  was  never 
meant  to  impose  any  tax  upon  the  mining  prop-  ] 
erty  of  the  State,  and  not  a  dollar  will  ever  be 
derived  from  that  source) — then  these  gentle- 
men suddenly  become  very  anxious  to  render 
aid  to  tile  Pacific  Railroad,  and  they  are  per- 
fectly willing  now  to  donate  three  millions  of 
dollars  to  help  that  road  over  the  mountains. 

Mr.  DeLONG.  Will  the  gentleman  name 
some  one  to  whom  he  refers  in  that  connection? 

Mr.  McCLINTON.  I  wouUl  like  to  have  the 
gentleman  point  out  a  single  individual. 

Mr.  HAINES.  I  do  not  know  as  it  is  neces- 
sary for  any  gentleman  to  take  it  up  who  is 
not  hit ;  there  are  plenty  who  are  hit. 

Mr.  McCLINTON.  Was  I  in  favor  of  the 
Pacific  Railroad  proviso  before  the  clause  in 
respect  to  taxing  the  mines  was  adopted?  Or 
have  I  been  since  then  in  favor  of  it? 

Mr.  HAINES.  I  think  it  will  not  hit  the 
gentleman  from  Esmeralda  ;  but  1  believe  there 
are  many  gentlemen  in  the  Convention  who 
view  this  matter  just  as  I  do.  We  have  several 
members  here  who  did  oppose  the  Pacific  Rail- 
road clause  before  the  taxation  clause  was 
adopted,  and  afterwards  were  in  favor  of  it. 


I  assign  no  reason  for  that.  They  have  excluded 
a  great  portion  of  the  wealth  of  the  State  from 
taxation — a  portion  which  I  and  others  have 
contended  ought  to  bear  its  equal  proportion 
of  the  burdens,  either  of  a  State  Government  or 
of  any  other  government. 

Mr.  BROSNAN.  I  rise  to  a  question  of  or- 
der. I  dislike  to  interrupt  my  friend  from 
Douglas,  but  he  is  reflecting  upon  the  past 
action  of  the  Convention,  which  is  not  in  order  ; 
and  besides,  he  is  not  speaking  to  the  question 
before  the  Convention. 

The  PRESIDENT  pro  tern.  I  think  the  gen- 
tleman has  been  taking  a  very  wide  range  in 
his  remarks. 

Mr.  HAINES.  I  am  only  referring  to  our 
action  as  we  pass  along,  but  it  can  all  be  left 
to  the  remembrance  of  members  here  of  the 
Convention,  and  the  people  I  have  no  doubt 
will  understand  it  without  any  trouble. 

Now  as  to  this  question  of  taking  an  oath  of 
allegiance,  I  do  say  that  to  my  mind  there  is 
no  question  whatever  of  the  propriety  of  oblig- 
ing everybody  to  take  an  oath  of  that  kind  be- 
fore being  allowed  to  vote.  If  it  can  be  shown 
to  me  that  it  is  going  to  work  a  great  hardship, 
or  be  any  vital  injury  to  the  loyal  voters  of 
the  new  State,  when  it  shall  be  organized,  to 
oblige  them  to  take  a  test  oath,  then  I  shall  be 
prepared  to  say  that  I  can  vote  with  these  gen- 
tlemen for  this  new  proposition  which  they 
have  submitted.  But  after  carefully  looking 
over  the  suiyect  I  can  see  no  such  hardship,  and 
I  shall  vote  against  the  amendment,  and  for 
the  section  as  it  stood  originally.  I  only  men- 
tioned the  past  action  of  the  Convention  to 
show  the  inconsistency  of  some  gentlemen  who 
were  in  favor  of  this  section  as  it  stands,  un- 
til after  the  taxation  clause  was  adopted,  and 
are  now  opposed  to  it,  just  as  they  changed 
their  views  when  the  railroad  clause  came  up 
the  second  time,  and  showed  themselves  willing 
to  appropriate  three  millions,  or  five  millions 
if  necessary,  in  aid  of  that  work. 

Mr.  DUNNE.  Will  the  gentleman  allow  me 
to  ask  him  a  question  ? 

Mr.  HAINES.  I  have  yielded  the  floor,  but 
I  will  answer  if  I  can. 

Mr.  DUNNE.  I  wish  to  know  whether  the 
gentleman  intends  to  convey  the  idea  that  mem- 
Ijers  who  had  been  opposed  to  the  Constitution 
were  now  in  favor  of  this  measure  for  the  pur- 
pose of  gaining  votes  for  the  Constitution  ? 

Mr.  HAINES.  I  only  made  that  as  a  sugges- 
tion. As  it  strikes  me,  that  is  the  position  they 
occupy. 

Mr.  DUNNE.  Does  he  say  that  those  who 
have  been  opposed  to  the  Constitution  are  now 
in  favor  of  this  mea.sure,  in  order  to  obtain 
votes  for  the  Constitution  ? 

Mr.  HAINES.  I  do  know  that  it  was  so  re- 
ported, and  said  to  have  been  expressed  here — 
that  unless  that  taxation  clause  was  modified, 
certain  gentlemen  would  withdraw  from  the 
Convention.  It  was  so  reported,  and  1  have 
heard  it  said  here  several  times,  that  it  was  de- 


Uih.  day.] 


RIGHT  OF  SUFFRAGE. 


485 


Tuesday,] 


DuNXE — Haines — DeLong — Warwick. 


[July  19. 


termined  in  caucus  to  withdraw  from  the  Con- 
vention if  they  did  not  succeed  in  that  matter, 
relative  to  the  taxation  of  the  mines. 

The  PRESIDENT  jjT-o  tern.  This  discussion  is 
taking  altoi;ether  too  wide  a  range. 

Mr.  DUNNE.  I  am  speaking  to  a  question  of 
privilege. 

The  PRESIDENT  pro  tern.  The  gentleman 
will  proceed. 

Mr.  DUNNE.  I  am,  I  believe,  the  only  man 
who  came  into  this  Convention  openly  opposed 
to  the  adoption  of  a  State  Constitution  at  this 
time.  I  ottered  a  resolution  to  the  effect  that 
the  Convention  adjourn  sine  die,  without  pro- 
ceeding to  frame  a  Constitution.  Now  the  gen- 
tleman from  Douglas — 

Mr.  HAINES.  So  far  as  the  gentleman  from 
Humboldt  is  concerned,  I  will  say  that  I  had  no 
reference  to  him  whatever. 

Air.  DUNNE.     I  am  satisfied  with  that. 

Mr.  DkLONG.  I  have  no  parliamentary 
question  or  device  to  present.  My  views  on 
this  subject  are  simply  these  :  This  State  Con- 
stitution will  be  inoperative  of  course  until  it 
shall  be  adopted  by  the  people,  and  even  then 
it  will  still  continue  to  be  inoperative  until  the 
Legislature  shall  meet,  and  pass  laws  to  carry 
out  the  provisions  of  the  Constitution.  Until 
such  time,  then,  as  the  Legislature  shall  have 
assembled,  and  passed  such  laws,  all  gentlemen 
must  admit  that  any  oath  prescribed  in  our 
Constitution  will  have  no  effect,  and  no  bearing 
whatever  upon  the  citizens  of  the  State.  Every- 
body can  vote  just  as  freely,  if  the  oath  is  in- 
corporated in  the  Constitution  as  if  we  only 
empowered  the  Legislature  to  provide  by  stat- 
ute for  a  test  oath.  The  only  question  there- 
fore is,  is  it  wiser  for  us  to  incorporate  that 
oath  in  the  Constitution  which  is  to  operate  for 
all  time  to  come,  looking  to  the  future  as  well 
as  to  our  present  circumstances,  or  is  it  wiser 
for  us  to  authorize  the  Legislature  to  make  it  a 
statutory  requirement  ?  That  is  the  only  ques- 
tion involved  in  this  report. 

Now  gentlemen  get  up  here  and  make  declam- 
atory speeches,  arrogating  to  themselves  all  the 
honesty  and  all  the  patriotism  in  the  country, 
claiming  that  no  other  man  is  actuated  by  con- 
scientious or  patriotic  motives,  but  that  all  are 
governed  by  expediency,  or  by  a  desire  to  pan- 
der to  some  particular  interest.  I  submit  that 
that  is  hardly  a  correct  line' of  argument,  with 
which  to  meet  a  proposition  like  this  that  has 
been  made  in  good  faith.  I  believe  there  are 
other  gentlemen  than  the  gentleman  from  Lau- 
der (Mr.  Warwick)  who  have  come  here  influ- 
enced by  the  highest  motives  of  patriotism.  I 
believe  the  most  of  us  have  as  loyal  constitu- 
ents as  those  who  have  indorsed  him,  and  that 
we  are  as  loyal  as  those  who  declaim  loudest, 
and  send  the  American  eagle  highest  toward 
the  sky.  Now  I  say  that  this  is  the  only  real 
question  before  the  Convention— whether  this 
test  oath  should  be  made  a  Constitutional  pro- 
vision, or  a  legislative  enactment?  There  is 
nothing  in  the  question  about  a  Pacific  Rail- 


road, which  was  suggested  by  the  gentleman 
from  Douglas  ;  nothing  in  it  about  taxing  the 
mines,  and  nothing  in  it  about  bolting  from  the 
Convention,  upon  which  he  made  another  por- 
tion of  his  speech.  I  confess  that  I  could  not 
see  the  point  of  that  argument  in  relation  to 
this  amendment. 

Now,  inasmuch  as  a  test  oath,  if  we  have  one, 
will  operate  just  as  quickly  to  prevent  any  dis- 
loyal man  from  voting,  if  we  leave  it  to  the 
Legislature  to  provide  for  it  by  an  enactment, 
at  the  next  session,  as  it  will  if  we  place  it 
directly  in  the  Constitution  ;  as  we  have  Terri- 
torial laws  which  must  be  enforced  until  modi- 
fied or  repealed  by  the  State  laws,  and  they  re- 
quire a  challenge  of  the  same  character,  on  the 
ground  of  disloyalty,  so  that  we  lose  no  time 
in  respect  to  the  matter,  for  the  Territorial  law 
will  continue  until  superseded    by   the  State 
law,  and  disloyal  votes  will  thus  be  shut  out 
all  the  time  ;  therefore,  I  say.  I  can  see  no  ob- 
jection whatever  to  this  amendment,  leaving 
the  matter  in  the  hands  of  the  Legislature.   The 
only  question,  I  repeat,  is  whether  we  shall  put 
t  it  into  the  Constitution,  or  leave  it  to  the  Leg- 
islature to  enact  such  laws  as  they  deem  proper, 
with  the  power  of  modifying  or  changing  them 
i  from  time  to  time,  according  to  their  existing 
'  circumstances.     The  passions  of  men  may  sub- 
[  side  in  time  or  give  way  to  calmer  reasoning, 
'  and  more  careful  and  discriminating  legislation 
may  be  required. 

Now  what  object  gentlemen  could  have  in 
getting  up  here  and  impugning  the  motives  of 
other  gentlemen  by  making  statements  of  such 
a  character  as  those  which  have  been  made 
here,  I  cannot  tell.  For  one,  I  will  say  that  I 
have  concurred  in  this  report  with  two  other 
gentlemen  on  this  floor,  the  gentleman  from 
Lyon  (Mr.  Kennedy)  and  the  gentleman  from 
Esmeralda  (Mr.  Mason)  who  are  on  that  com- 
mittee, and,  as  I  stated  before,  it  so  happened 
that  the  report  being  on  my  desk,  I  showed  it 
to  a  number  of  gentlemen,  and  asked  them  if  it 
met  their  views,  and,  as  I  said  to  the  gentleman 
from  Ormsby.  (Mr.  Johnson,)  they  all  agreed 
with  me  that  it  would  give  the  Legislature  am- 
ple power  to  pass  such  enactments  as  might  be 
desired,  and  therefore  I  had  no  doubt  it  would. 
And  when  the  gentleman  from  Ormsby  made 
the  point  that  the  Legislature  would  have  no 
such  power,  I  suggested  that  he  should  offer  an 
amendment,  if  there  was  any  doubt  on  that 
point,  although  I  did  not  think  there  was  any. 
I  think  the  Legislature  would  have,  under  that 
section  as  we  have  amended  it,  full  power  to 
prescribe  any  such  conditions  as  may  be  deemed 
fit  and  proper. 

Mr.  WARWICK.  I  desire  to  say  that  if  I 
did,  in  the  heat  of  a  somewhat  excited  argu- 
ment, impugn  anybody's  motives,  more  espec- 
ially those  of  the  gentleman  from  Storey,  (Mr. 
DeLong.)  for  whom  I  have  the  highest  regard,  I 
certainly  sincerely  r<^gret  it.  1  think  I  said  that 
I  feared  there  was  a  desire  to  conciliate  a  cer- 
tain interest,  and  if  I  did  not  give  that  qualifi- 


486 


EIGHT  OF  SUFFRAGE. 


[14th  day. 


Tuesday,] 


JoHxsox — DeLong — Proctor — Haines. 


[July  19. 


catioQ  to  my  remarks,  at  least  I  intended  to. 
I  certainly  should  regret  having  impu,i,'ned  the 
motives  of  any  gentleman  in  the  Convention. 

Mr.  JOHNSON.  I  am  sure  the  gentleman 
from  Storey  did  not  address  his  remarks  to  me. 

Mr.  DkLONG.  No,  sir  :  my  remarks  were  in- 
tended to  apply  to  the  gentleman  from  Lander 
(Mr.  Warwick)  alone,  and  I  meant  to  say  be- 
fore I  sat  down,  that  although  in  the  heat  of 
argument  he  may  have  said  what  he  did  not 
intend,  nevertheless,  if  he  will  reflect  a  little 
he  will  remember  that  he  certainly  did  u.«e  lan- 
guage to  the  effect  that  there  had  been  a  pan- 
dering to  the  disloyal  portion  of  the  commu- 
nity, and  a  yielding  of  principle  to  expediency, 
in  the  amendment  as  here  proposed,  which  would 
meet  bis  condemnation,  he  said,  now  and  for- 
ever. I  submit  that  that  was  saying  directly 
that  those  gentlemen  who  had  made  this  report 
were  pandering  to  the  disloyal  sentiment  in  the 
community,  and  were  sacrificing  principle  to 
expediency. 

Mr.  PROCTOR.  As  this  mattter  of  a  dis- 
loyal sentiment  has  been  .spoken  of  quite  fre- 
quently, I  wish,  Mr.  President,  to  say  thi?,  in 
regard  to  pandering  to  any  disloyal  sentiment. 
I  believe  I  am  the  only  representative  of  the 
Democratic  party  in  this  Convention  ;  but  we 
do  not  recognize  as  a  fact  the  imputation  that 
the  Democratic  party  is  in  any  sense  a  dis- 
loyal party.  Certainly  I  do  not  recognize  any 
such  fact,  myself,  and  I  will  say  so  far  as  re- 
lates to  pandering  to  any  disloyal  sentiment, 
that  this  amendment  proposing  to  strike  out  the 
test  oath,  is  not  asked  for  by  the  Democratic 
party.  A  number  of  gentlemen  have  come  to 
me,  in  this  town,  and  told  me,  as  American  citi- 
zens, that  they  did  not  like  the  idea  of  being  com- 
pelled to  come  up  and  take  the  oath  of  allegi- 
ance, and  they  have  asked  me  why  I  did  not 
object  to  such  a  provision,  presuming  that  I 
would  be  the  tirst  to  object.  I  said  to  them — 
'•Gentlemen,  we  are  willing  to  take  any  test  oath 
that  you  Union  men  are,  and  if  you  are  willing 
to  take  that  oath,  we  are."  I  want  it  distinctly 
understood  that  this  amendment  does  not  come 
from  the  Democratic  party,  and  wo  do  not  ask 
it.  We  m  ly  oppose  this  Constitution  and  we 
may  not.  We  shall  be  governed  Ijy  our  judgment 
of  what  is  right  and  proper  in  that  respect,  at 
the  expiration  of  the  session  of  this  Convention. 

But  I  do  not  want  it  charged  that  this  pro- 
pos('d  amiMidment  has  come  from  the  Demo- 
cratic party  at  all.  If  it  originates  with  that 
party,  I,  for  one,  know  nothing  aljout  it,  and  I 
wish  to  place  the  Democratic  party  right  on 
that  point.  We,  as  Democrats,  know  very  well 
that  you  Union  men  have  the  majority  here, 
and  full  control  of  this  Convention.  We  know 
furthermore,  that  there  are  two  olijects  for 
forming  tiiis  State  (jovrmment.  One  is  the 
amendment  of  the  Constitution  of  the  United 
States,  for  the  purpo.^e  of  abolishing  slavery, 
and  we  say  give  us  a  good  State  Constitution 
and  we  are  willing  that  you  should  do  that.  The 
other  ol)ject  is,  that  tiiere  is  a  remote  po.ssibil- 


ity  that  the  election  of  the  President  of  the 

United  States,  soon  to  take  place,  may  not  be 
decided  by  the  people,  but  may  be  thrown  into 
the  House  of  Representatives,  and  we  are  cogni- 
zant of  the  fact  that  in  such  an  event  Nevada, 
if  admitted  as  a  State,  would  have  just  as  many 
votes  for  the  next  President  of  the  United 
States  as  the  State  of  New  York.  But  we  are 
willing  to  grant  that,  too.  Give  us  the  right 
sort  of  a  local  Constitution  and  frame  of  gov- 
ernment, and  I  pledge  yon  my  word  that,  know- 
ing all  these  things,  we  will  nc\  ertheless  support 
it.  But  I  do  not  want  you  to  place  us  in  an 
improper  light.  I  believe  that  there  are  more 
Union  men  than  Democrats  who  will  refuse  to 
come  up  to  the  polls  and  vote  under  that  test 
oath  provision,  and  I  do  not  want  this  amend- 
ment charged  as  coming  from  the  Democratic 
party,  or  as  having  been  demanded  by  the 
Democratic  party. 

Mr.  DeLONG.  I  certainly  know  that  it  did 
not  emanate  from  the  Democratic  party,  be- 
cause I  do  not  happen  to  belong  to  that  institu- 
tion, and  I  was  the  one  who  proposed  in  the 
first  place  that  it  would  probably  be  better  to 
leave  this  matter  to  statutory  enactment,  rather 
than  to  embrace  it  in  the  fundamental  law. 
I  made  no  secret  of  my  position,  and  other 
members  of  the  committee  did  not  of  theirs. 
Now,  sir,  what  is  the  use  of  talking  about  mo- 
tives here?  Every  member's  motives  are  pre- 
sumed to  be  correct,  until  he  is  convicted  in 
some  way  of  bad  motives.  The  gentleman  from 
Douglas  talks  about  our  desiring  to  have  things 
our  own  way  in  the  Convention,  or  threatening 
to  bolt  from  it.  I  suppose  the  gentleman's 
shaft  was  aimed  at  me,  and  I  am  willing  to  re- 
ceive it. 

Mr.  HAINES.  I  had  no  reference  to  the  gen- 
tleman from  Storey  ;  in  fact,  I  did  not  know 
who  the  party  was. 

Mr.  DeLONG.  I  will  state  this,  that  I  would 
consider  it  my  bounden  duty,  as  a  member  of 
this  Convention,  if  I  should  find  I  cannot  consci- 
entiously support  the  Constitution,  either  to  rise 
and  state,  as  the  gentleman  from  Humboldt 
(Mr.  Dunne)  did.  that  it  is  my  intention  to  op- 
pose your  Constitution,  thereby  forewarning 
all  other  members  that  there  is  among  them  an 
enemy  of  what  they  are  framing,  so  that  they 
may  govern  themselves  accordingly,  or  else  the 
moment  that,  in  the  process  of  framing  the 
Constitution,  anything  should  be  incorporated 
into  it  which  my  conscience  would  not  permit 
me  to  recommend  my  friends  to  vote  for,  to 
withdraw  from  the  Convention.  In  such  an 
event  I  should  certainly  feel  it  my  duty  to 
withdraw,  not  out  of  any  disrespect  to  the 
Convention,  but  on  the  contrary  on  account  of 
my  respect  for  the  Convention,  and  my  respect 
for  myself.  These  are  my  own  peculiar  views, 
and  other  gentlemen  may  entertain  different 
views.  My  idea  was  that  the  very  moment  any- 
thing was  adopted  in  this  Constitution  which  I 
eouki  not  indor.se,  it  would  become  my  duty  to 
let  the  Convention  know  that  owing  to  that  fact 


14tli  day.] 


RIGHT  OF  SUFFRAGE. 


487 


Tuesday,] 


Stuhtevant — Proctor — Banks — Chapin. 


[July  19. 


I  could  not  vote  for  the  Constitution,  and  that 
therefore,  being  an  enemy  to  the  Constitution,  I 
should  not  have  any  further  hand  in  its  con- 
struction. But  this  is  merely  a  question  of 
taste,  on  wliich  the  best  of  men  and  linest  of 
gentlemen  might  differ.  But  1  did  not  pretend 
in  any  spirit  of  hostility  to  foreshadow  any 
such  course.  And  right  in  this  connection  let 
us  examine  this  idea  a  little  further.  There  are 
other  men  here  I  believe  who  have  threatened 
to  leave  the  Convention,  or  to  oppose  the  Con- 
stitution, if  their  views  were  not  carried  out, 
but  they  have  not  left  us.  Now  are  there  any 
of  these  gentlemen  in  the  Convention  who  are 
determined  to  oppose  the  Constitution,  and  who 
desire  to  so  frame  it  as  to  secure  its  defeat  be- 
fore the  people  ?  I  do  not  say  there  are  any 
such,  but  I  do  say  that  there  have  been  mutter- 
ings  of  discontent  here.  They  have  been  heard 
on  both  sides.  But  that  is  a  privilege  which 
belongs  to  all  men,  and  which  is  invariably  ex- 
ercised whenever  they  fail  in  some  cherished 
oltject  of  theii-  own. 

These,  however,  are  all  matters  foreign  to 
the  question  before  us.  I  deny  that  this  amend- 
ment is  pandering  to  any  thing,  to  any  senti- 
ment, or  to  any  party.  I  deny  that  it  is  a 
sacrifice  of  any  principle,  or  that  it  is  in  any 
sense  a  yielding  of  principle  to  expediency.  I 
say  it  is  purely  a  question  for  men  of  sense  to 
consider,  as  a  practical  question.  Shall  we  put 
this  test  oath  here  in  the  Constitution  where  it 
will  not  be  subject  to  any  alteration  hereafter, 
although  all  the  loyal  men  as  well  as  all  the 
disloyal  men  in  the  State  may  wish  to  change 
it  in  some  respects,  or  shall  we  leave  it,  like 
other  sul)jects,  to  the  Legislature  to  provide  for. 
according  to  its  discretion — subject  to  the  ac- 
tion of  succeeding  Legislatures,  elected  to  re- 
present the  peculiar  views  of  their  constitu- 
ents? Now  I  believe,  for  one,  in  the  propriety 
of  making  it  a  statutory  rather  than  a  constitu- 
tional provision.  If  others  disagree  with  me 
in  that  I  do  not  attack  their  motives,  and  I  do 
not  wish  them  to  attack  mine. 

Mr.  STURTEVANT.  This  thing  may  all  be 
fair  enough,  but  there  is  one  thing  you  may  all 
swear  to  at  any  time,  and  that  is  you  will  never 
find  me  on  the  fence,  and  if  you  do  you  may 
knock  me  olf  with  a  pick  handle.  [Laughter.] 
This  looks  to  me  like  a  kind  of  11  ink  move- 
ment. Now  the  majority  of  the  Convention 
having  got  things  all  their  own  way,  it  is  policy 
for  them  to  secure  all  the  votes  they  can.  It 
does  not  matter  if  it  is  a  negro  that  votes,  his 
vote  is  just  as  good  as  a  white  man's  if  it  is  re- 
ceived, and  counts  just  as  much.  And  if  a 
Copperhead  votes,  of  course  his  vote  counts  as 
much  as  my  own,  or  the  vote  of  the  gentleman 
from  Storey,  or  any  other  man.  My  under- 
standing of  this  matter,  and  I  think  it  is  cor- 
rect, and  that  the  whole  Convention  will  bear 
me  out  in  it,  is  that  whenever  you  strike  this 
oath  out  it  will  suit  the  Copperheads.  ■'  That 
is  a  pretty  good  Constitution,"  saystiie  Copper- 
head, "  now  they  have  struck  that  oath  out." 


Mr.  PROCTOR.  I  would  like  to  ask  the  gen- 
tleman a  question.  If  a  man  is  challenged  now, 
on  the  ground  of  disloyalty,  even  without  this 
provision,  what  kind  of  oath  does  he  have  to 
take  ? 

Mr.  STURTEVANT.  Well,  if  I  administered 
it,  it  would  be  a  mighty  strong  one.  [Laughter.] 

Mr.  PROCTOR.  But  would  it  beany  strong- 
er for  being  incorporated  in  the  Constitution  ? 

Mr.  STURTEVANT.  That  would  depend  on 
what  kind  of  a  law  we  had.  If  I  had  my  way 
I  would  give  him  such  a  strong  oath  that  if  he 
was  a  Copperhead  it  would  kill  him  sure,  to 
take  it.  [Laughter.]  Now  I  do  not  like  the 
idea  of  making  this  amendment  here,  because  I 
am  satisfied  it  is  designed  only  as  a  sort  of  com- 
promise, to  cool  things  down  a  little,  so  as  to 
gather  in  as  many  votes  as  possible  from  those 
who  think  in  a  certain  way.  I  am  not  a  Bu- 
chanan man.  nor  a  peace  man  of  any  kind.  I 
believe  that  when  the  defenders  of  the  country 
are  in  a  tight  place  we  ought  to  send  help,  and 
I  do  not  believe  in  allowing  the  forts  which  be- 
long to  the  country  to  be  torn  to  pieces  without 
a  fight  for  it.  This  question  looks  to  me  about 
in  this  shape  :  This  oath  is  a  very  good  one,  a 
reasonably  strong  oath,  and  I  cannot  see  for 
the  life  of  me  why  we  should  not  leave  it  where 
it  is.  When  we  had  to  refer  it,  as  I  remarked 
this  morning,  why  should  we  not  have  referred 
the  whole  thing  to  a  committee  of  five  ?  I  say 
it  was  a  kind  of  flank  move,  a  kind  of  masked 
battery  movement — this  referring  it  without 
special  instructions.  It  was  good  generalship, 
I  acknowledge,  but  I  hope  this  amendment  will 
be  defeated  for  all  that. 

Mr.  B.\NKS.  Now,  sir,  a  great  deal  has  been 
said  here  about  matters  of  policy  and  duty,  and 
references  have  been  made  to  gentlemen's  mo- 
tives, and  beautiful  things  have  been  said  in  a 
very  handsome  manner,  all  of  which  I  should 
have  appreciated  if  this  had  been  a  school  for 
declamation.  But  really,  as  I  understand,  there 
is  but  one  question  involved  to  which  gentle- 
men ought  to  be  addressing  themselves  here, 
and  that  is  this  :  Does  that  provision  of  the 
proposed  Constitution,  amended  in  the  way  it 
is  now  proposed  to  amend  it.  provide  that  the 
Legislature  shall  have  power  to  prescribe  any 
.such  oath  as  this,  or  not  ?  Now  there  is  some 
doubt,  among  candid,  thinking  men  in  regard  to 
that  matter,  and  for  the  purpose  of  having  an 
opportunity  to  examine  the  proposed  amend- 
ment in  connection  with  the  original  article,  as 
we  have  it  only  on  the  clerk's  desk,  and  not  be- 
fore us  here  in  print,  in  order  to  consume  as 
little  time  as  possible  in  making  up  our  minds 
whether  the  copy  as  we  have  it  engrnsscd  here 
does  or  does  not  authorize  the  Legislature  to 
prescribe  an  oath  of  this  kind.  I  will  move  to 
pass  the  article  over  on  the  file  for  the  present. 
Then  I  understand  it  will  come  up  at  the  head 
of  the  file  to- morrow  morning. 

Mr.  CIIAPIN.  The  gentleman  had  better 
move  to  lay  it  on  the  table,  and  then  we  cau 
call  it  up  whenever  we  get  ready. 


48S 


RIGHT  OF  SUFFRAGE. 


[14th  day. 


Tuesday,] 


Earl — DkLong — Johnson. 


[July  19. 


Mr.  EARL.  I  hope  that  motion  will  not  pre- 
vail. Now,  sir,  I  have  opposed  the  incorpo- 
ration of  this  oath  in  the  Constitution,  and  I 
have  given  niy  reasons.  I  do  not  care  who  may 
doubt  my  loyalty  ;  I  am  as  loyal  as  the  next 
man.  But  I  say,  let  the  Legislature  prescribe 
that  oath,  and  do  not  let  us  fill  np  the  Consti- 
tution with  legislative  provisions.  It  seems  to 
me  that  the  effect  of  our  incorporating  that 
oath  in  the  Constitution  will  only  be  to  show 
the  community  that  we  are  afraid  they  will 
doubt  our  loyalty.  This  is  no  place  for  such  an 
oath,  and  I  hope  we  shall  leave  it  to  the  Legis- 
lature. I  have  the  utmost  confidence  in  that 
body. 

Mr.  DeLONG.  There  is  no  question  in  my 
mind  as  to  the  propriety  of  this  amendment, 
but  what  surprises  me  is  the  fact  that  those 
gentlemen  who  do  not  believe  that  this  provis- 
ion would  leave  it  to  the  Legislature,  never- 
theless, have  so  little  coiitidence  in  their  own 
judgment  that  they  cannot  propose  an  amend- 
ment that  will.  That  is  what  astonishes  me.  I 
cannot  say  that  I  ever  saw  or  heard  of  a  question 
which  I  could  not  amend  so  as  to  suit  at  least 
my  own  views.  Now  if  any  member  has  any 
real  and  sincere  doubt  as  to  whether  or  not 
this  matter  is  left  to  the  Legislature,  let  him 
move  an  amendment.  I  proposed  to  offer  an 
amendment  here  to  the  gentleman  who  first 
raised  that  question,  which  I  thought  placed  it 
beyond  all  possibility  of  a  doubt,  saying  in  so 
many  words  that  "  the  Legislature  shall  have 
power  to  prescribe  any  other  or  further  test  as 
a  condition  of  voting  ; "  but  that  would  not 
give  satisfaction,  or  tlie  amendment  might  have 
been  offered  and  acted  upon,  and  consequently 
it  appears  to  me  that,  for  some  reason  which  I 
cannot  understand,  unwarrantable  delay  is  de- 
sired.    I  would  like  to  know  the  object  of  it. 

Mr.  JOHNSON.  I  surmise  that  tbe  inquiry  of 
the  gentleman  from  Storey,  (Mr.  DeLong,)  if  I 
understood  him  correctly,  was  addressed  in  part 
to  me.  I  did  not  know,  at  the  first  impulse, 
whether  I  ought  to  reply  or  remain  silent ;  but 
fearing  that  silence  might  be  misconstrued, 
fearing  that  a  doubt  might  be  suggested  to  the 
minds  of  some  members  regarding  a  matter 
concerning  wliieh  no  sentiment  I  have  uttered 
or  vote  1  inivc  cast  in  this  Convention,  justly 
renders  me  amenable  to  doul)t  or  suspicion— 
that  is  as  to  whether  I  was  or  was  not  sincere — 
my  own  self-respect  prompts  me  to  reply  to 
the  gentleman  from  Storey.  Otherwise  I  miglit 
deem  it  a  question  which  called  for  no  reply 
from  me. 

Now  I  will  say  in  regard  to  the  question  of 
sincerity,  upon  this  or  any  other  suijject.  that  I 
flatter  myself  there  is  not  a  member  in  the  Con- 
vention who  has  dii*agreed  with  me  upon  any 
subject  before  the  Convention,  who  has  ever 
had.  up  to  the  present  moment,  the  right  to  ex- 
press a  well-grounded  suspicion  that  I  was  in- 
sincere in  any  vote,  or  any  expression  of  opin- 
ion upon  such  subject.  Fur  if  there  is  any  one 
peculiar  characteristic  of  my  nature,  it  is  a  dis- 


position to  utter  boldly  and  freely  my  senti- 
ments, whether,  as  to  the  public,  they  happen  to 
be  popular  or  unpopular,  or  whether  they  are 
such  as  would  be  likely  to  meet  the  approval  or 
the  disapproval  of  my  fellow  members  in  this 
Convention. 

I  have  endeavored,  and  shall  continue  so  to 
do,  to  reconcile  the  action  of  this  Convention 
with  the  views  and  wishes  of  my  constituents, 
so  far  as  they  are  in  accordance  with  my  own 
ideas  of  justice  and  propriety. 

I  have  had  occasion  to  speak  heretofore 
of  the  matter  of  a  sacrifice  of  principle,  al- 
though in  the  present  instance  I  conceive  that 
the  (piestion  of  policy  or  expediency  has  little 
to  do  with  the  question  immediately  before  the 
Convention.  But  I  repeat — and  I  flatter  myself 
that  the  Convention  will  believe  I  mean  what  I 
say — that  it  was  not  for  the  purpose  of  clog- 
ging, or  delaying,  or  postponing  the  discussion 
of  this  matter,  that  I  asked  to  have  the  report 
laid  over.  It  was  simply  that  I  might  have  an 
opportunity  to  examine  and  determine  for  my- 
self as  to  the  efl'ect  of  the  language  employed. 
It  was  with  no  desire  for  delay,  and  it  is  no  test 
of  my  sincerity  that  I  declined  to  offer  the 
amendment  which  the  gentleman  from  Storey 
prepared  beneath  my  nose,  which  appears  in  his 
hand-writing,  and  which  he  says  he  thinks  is 
well  calculated  to  meet  my  views.  I  say  if, 
upon  a  careful  and  ciitical  examination,  such 
as  is  due  to  myself,  in  order  to  obtain  a  proper 
understanding  of  the  subject  before  i  vote  upon 
so  important  a  question  ;  if  after  such  delibera- 
tion as  I  ought  to  give,  in  deference  to  the  peo- 
ple who  sent  me  here,  I  find  that  these  amend- 
ments are  applicable  to  the  original  article,  if 
I  find  the  article  so  amended  really  does  give 
the  Legislature  the  power  which  the  gentleman 
from  Storey  contends  it  does,  to  prescribe  a  test 
oath  for  electors,  then  I  shall  be  ready  to  con- 
cede the  point,  and  unite  with  him  in  support 
of  the  proposition.  But  whilst  I  am  willing  to 
do  this,  I  will  not,  on  the  spur  of  the  moment, 
consent  to  be  put  to  the  test,  and  required  either 
to  adopt  the  amendment  which  the  gentleman 
from  Storey  suggests  to  meet  what  he  conceives 
to  be  my  views,  or  declining  so  to  do,  without 
the  opportunitj^  of  making  due  examination,  to 
place  myself  on  the  record  in  opposition  to  the 
entire  proposition.  I  do  not  desire  to  occupy 
any  such  position  until  I  have  had  an  opportu- 
nity to  con  the  matter  over  in  my  own  mind,  to 
ascertain  the  fit  place  for  any  amendments  I 
may  desire  to  offer,  in  order  to  meet  the  case  as 
presented. 

Mr.  DeLONG.  Will  the  gentleman  allow 
me  to  interrupt  him?  Did  I  understand  him 
correctly  as  saying  that  I  thrust  an  amendment 
under  his  nose? 

Mr.  JOHNSON.  I  mean  to  say  that  the  gen- 
tleman prepared  an  amendment  for  me  to  pre- 
sent. 

Mr.  DkLONG.  No,  sir  ;  it  was  handed  to  me 
l)y  another  gentleman,  and  I  merely  asked  him 
if  it  would  meet  his  views  ;  that  was  all. 


14th  day.] 


RIGHT  OF  SUFFRAGE. 


489 


Tuesday,] 


Johnson— McClinton^Banks — DeLong— Stdrteyant — Crosman. 


[July  19. 


Mr.  JOHNSON.  I  kaew  of  no  other  pater- 
nity lor  the  amendment. 

Mr.  McCLINTON.  I  wrote  it  and  proposed 
it. 

Mr.  JOHNSON.  It  matters  not  who  may 
have  written  it ;  I  think  I  can  propose  an  amend- 
ment which  will  suit  my  views  when  I  desire 
to  do  so.  I  tiud  no  fault,  however,  with  the 
gentleman  from  Esmeralda  for  proposing  it,  or 
with  the  gentleman  from  Storey  for  asking  me 
to  accept  it  ;  but  when  the  gentleman  presses 
that  as  a  reason  for  refusing  to  postpone,  and 
makes  it  the  basis  for  asking  the  other  ques- 
tion— "Are  gentlemen  sincere  in  their  views?" 
— I  do  find  fault.  I  should  not  have  thought 
of  the  matter  of  the  amendment  but  for  the 
question  which  followed  it.  The  gentleman 
takes  the  ground  that,  because  he  had  prepared 
an  amendment  to  meet  the  objection  raised  by 
myself,  necessarily  that  amendment  should  be 
received  and  adopted,  and  I  should  claim  or 
acc^-pt  the  paternity  of  that  amendment. 

Now  I  do  not  know  as  it  is  required  that  on 
this  question  or  any  other,  I  should  constantly 
disclaim  a  desire  to  discuss  the  point  involved, 
or  to  delay  the  question.  I  only  suggested  the 
idea  that  such  might  be  the  effect  of  the  sec- 
tion as  proposed  to  be  amended,  and  I  think  it 
was  no  more  than  proper  that  an  opportunity 
should  be  afforded  for  investigating  the  mat- 
ter. I  do  not  feel  authorized  to  speak  for 
others.  My  colleagues  may  speak  for  them- 
selves, as  they  are  capable  and  well  prepared 
to  do  ;  but  I  am  to  be  placed  on  the  record  on 
this  question,  and  whilst  I  claim  no  mm-e  re- 
sponsibility than  any  other  member,  I  believe 
that  none  other  has  greater  responsibility  than 
I,  and  claim  the  right,  therefore,  to  judge  and 
to  vote  upon  all  questions  for  myself.  It  was 
with  that  view  that  I  asked  the  gentleman  from 
Storey  to  postpone  the  consideration  of  the  re- 
port until  to-morrow,  and  if  this  had  been  ac- 
ceded to,  a  long  discussion  would  not  have  been 
necessary.  At  least  I  am  sure  that  a  greater 
length  of  time  would  not  have  been  consumed 
upon  it  than  has  already  been. 

Mr.  BANKS.  For  the  purpose  which  the  gen- 
tleman from  Ormsby  contemplates,  I  move  that 
this  report  be  returned  to  the  general  file.  It 
will  then,  I  understand,  come  up  the  first  thing 
to-morrow,  being  at  the  head  of  the  file.  I  see 
no  better  way  to  dispose  of  the  subject. 

The  PRESIDENT  pro  tern.  (Mr.  Collins)  sug- 
gested that  there  was  some  doubt  in  regard  to 
the  propriety  of  this  motion,  as  the  Convention 
had  taken  up  the  report  by  a  suspension  of  the 
rules  upon  a  two-thirds  vote. 

Some  discussion  followed  on  the  question  of 
order  involved. 

Mr.  BANKS  withdrew  his  motion,  and  moved 
instead  that  the  report  be  made  the  special  or- 
der for  to-morrow,  at  ten  o'clock. 

Mr.  DeLONG.  I  wish  to  say  a  word  in  ex- 
planation. The  only  thing  which  called  forth 
from  me  the  remark  in  relation  to  the  sincerity 
of  gentlemen  was  simply  this,  that  when  it  was 


proposed  to  suspend  the  rules  in  order  to  con- 
sider the  matter  at  this  time,  not  a  single  voice 
was  raised  in  objection,  but  after  the  rules  had 
been  suspended,  and  when  the  report  was  be- 
fore the  Convention,  with  full  power  to  act 
upon  it,  and  amend  it,  or  adopt  it  without 
amendment,  or  do  any  thing  else  with  it,  then 
only  the  objection  of  want  of  time  to  examine 
it  was  raised.  That  was  the  only  thing  that  led 
me  to  consider  the  question  of  sincerity,  for  it 
did  look  extraordinary,  that  after  we  had  sus- 
pended the  rules  in  order  to  consider  the  mat- 
ter, gentlemen  should  raise  the  question  of 
want  of  time  to  consider  it. 

Mr.  STURTEVANT.  Is  the  gentleman  aware 
that  we  did  not  know  what  the  report  was  until 
after  the  rules  were  suspended  ?  It  was  referred 
to  a  select  committee,  without  instructions,  and 
we  knew  nothing  in  regard  to  it. 

Mr.  DeLONG.  I  am  not  aware  what  the 
gentleman  from  Washoe  knows. 

Mr.  STURTEVANT.  I  was  not  here  when 
the  proposition  was  first  made,  and  it  seems  to 
me  that  the  whole  afternoon  has  been  consumed 
to  no  purpose. 

Mr.  JOHNSON.  I  was  in  the  chair  when  the 
motion  to  suspend  the  rules  was  made,  and  the 
only  opportunity  I  had  to  speak  upon  the  sub- 
ject was  after  I  had  vacated  the  chair,  and 
called  the  gentleman  from  Storey  (Mr.  Collins) 
to  my  place. 

The  question  was  taken  upon  the  motion  of 
Mr.  Banks  to  postpone  the  subject  until  ten 
o'clock,  A.M.,  to-morrow,  and  upon  a  division 
the  vote  was — ayes.  13  ;  noes,  13.  So  the  mo- 
tion was  not  agreed  to. 

The  question  recurred  upon  the  adoption  of 
the  report  of  the  committee. 

Mr.  CROSMAN.  If  it  is  in  order,  I  will  move 
to  amend  the  report  of  the  committee,  by  in- 
serting the  language  which  was  quoted  here  a 
short  time  ago.  I  am  not  prepared  on  the  cur- 
sory examination  I  have  been  able  to  give  to 
this  subject,  and  with  the  little  knowledge  I 
have  of  it  at  the  present  time,  to  vote  in  favor 
of  an  amendment  of  that  character.  I  am  in 
favor  of  leaving  the  matter  to  the  Legislature, 
to  prescribe  the  oath  to  be  taken.  Let  the  Leg- 
islature be  empowered  to  prescribe  such  an 
oath  as  they  think  best,  but  let  us  put  it  beyond 
cavil,  so  that  when  the  matter  is  acted  upon  in 
the  Legislature  no  question  can  be  raised  as  to 
the  constitutionality  of  such  action.  That 
seems  to  be  the  only  objection,  and  I  therefore 
move  to  amend  the  report  by  substituting  in 
place  of  the  proviso  proposed  to  be  stricken 
out,  the  following  words  : 

"And  the  Legislature  shall  have  power  to  prescribe 
any  other  or  further  rules  or  oaths,  as  may  be  deemed 
necessary,  as  a  test  of  electoral  qualification." 

Mr.  JOHNSON.  I  have  had  occasion  to  say 
to  this  Convention  before— and  I  regret  very 
much  the  necessity  of  again  .addressing  the 
Convention  on  the  subject— that  one  of  the 
reasons  why  I  olyected  to  tlie  consideration  of 
this  matter  to-day  was  that  there  may  be  no 


490 


RIGHT  OF  SUFFRAGE. 


[14th  day. 


Tuesday.]        Kexxedy— Frizell — Lockwood— DeLong — Wetherill— Banks. 


[July  19. 


necessity  for  any  further  amendment.  Proba- 
bly it  is  all  right  as  it  is,  and  if  so  I  do  not  de- 
sire to  insert  any  extraneous  matter  or  surplus- 
age. By  taking  a  short  time  for  examination 
we  can  ascertain  whether  this  language,  as  re- 
ported, covers  all  the  objections  or  not,  and  if  it 
does  we  shall  not  require  any  further  amend- 
ment. I  hope,  therefore,  that  the  considera- 
tion of  the  report  will  be  postponed,  and  for 
that  purpose  I  move  that  it  be  made  the  special 
order  for  to-morrow  at  eleven  o'clock,  and  upon 
that  motion  I  demand  the  ayes  and  noes. 

Mr.  KENNEDY.  I  fully  coincide  with  the 
remarks  of  the  gentleman  from  Ormsby,  (Mr. 
Johnson.)  and  I  have  no  doubt  but  that  he  will 
satisfy  his  own  mind  in  regard  to  the  matter ; 
but  the  subject  has  now  been  discussed  at  least 
two  hours,  and  it  seems  to  me  that  there  has 
been  ample  time  for  any  examinatiou  necessary 
in  regard  to  it.  Now  I  venture  to  say  that  if  it 
is  postponed  until  to-morrow  it  will  take  up  an 
hour  or  two  then,  and  a  majority  of  the  Con- 
vention will  not  at  that  time  have  examined 
the  report,  nor  the  amendment  which  may  be 
ottered  by  the  gentleman  from  Ormsby. 

Mr.  FRIZELL.  I  heartily  concur  in  the  re- 
marks of  my  friend  from  Ormsby,  (Mr.  .Johnson.) 
because  it  is  a  very  important  question,  and  I 
desire  that  every  member  may  satisfy  his  mind 
upon  it.  As  to  my  own  views,  as  I  said  on  a 
former  occasion,  I  honestly  think  that  the  mat- 
ter should  be  placed  in  the  hands  of  the  Legis- 
ture.  But  I  am  not  a  very  able  and  thorough 
constitutional  lawyer,  and  I  have  heard  views 
advanced  here  to-day  by  my  friend  from  Orms- 
by, which  I  think  ought  to  be  investigated.  If 
the  Legislature  would  be  prevented  or  inhibited 
by  this  section,  as  amended,  from  passing  a  law 
prescribing  this  oath,  although  I  have  been  one 
of  the  most  ardent  friends  of  leaving  the  whole 
matter  to  the  Legislature,  yet  I  would  certainly 
prefer  to  allow  the  oath  to  remain  in  the  fun- 
damental law.  For  tliat  reason  I  hope  that  this 
motion  of  the  gentleman  from  Ormsby  will  pre- 
vail, and  that  we  shall  all  take  time  to  con- 
sider this  important  question. 

Mr.  LOCKWOOD.  I  desire  to  make  an  ex- 
planation of  my  vote,  as  gentlemen  with  whom 
I  have  had  some  conversation  might  otherwise 
think  it  very  strange  that  I  should  vote  against 
putting  this  matter  over.  It  will  be  remem- 
bered that  I  contended,  at  the  time  this  oath 
was  inserted,  that  it  was  altogether  unneces- 
sary, and  that  by  the  plain  reading  of  the  Cou- 
stitut'ion  the  matter  was  left  in  the  hands  of  the 
Legislature.  I  considered  it  so  at  the  time, 
but  in  the  face  of  statements  made  here  to-day 
by  very  reliable  gentlemen,  upon  whose  legal 
opinions  I  for  one  should  certainly  be  willing 
to  trust  an  important  suit  at  law,  to  say  the 
least,  I  am  not  prepared  to  say  there  is  no  doubt 
on  the  subject.  Gentlemen  who  know,  or  who 
certainly  ought  to,  and  I  believe  do  know  a 
great  deal  more  about  this  matter  than  I  do. 
differ  in  regard  to  the  power  of  the  Legislature 
to  prescribe  au  oath  of  this  kind.     Therefore  1 


say,  if  there  is  reasonable  room  to  doubt 
whether  any  Legislature,  acting  under  this 
Constitution,  would  be  empowered,  by  any  pro- 
vision of  the  Constitution  here,  to  enact  a  law 
which  would  prevent  persons  from  voting  who 
are  disqualified  from  the  exercise  of  that  right 
by  Section  2  of  this  Article,  then  certainly  I 
am  in  favor  of  giving  the  matter  a  more  rigid 
examination. 

Mr.  DeLONG.  Has  the  gentleman,  or  any- 
body here,  any  doubt,  or  can  he  have  any  doubt, 
that  if  this  amendment  now  proposed  is  adopted 
the  Legislature  will  have  that  power? 

Mr.  LOCKWOOD.  I  certainly  do  not  doubt 
it,  but  I  see  no  reason  to  satisfy  my  mind  why 
it  should  not  be  further  considered.  The  ques- 
tion is  an  important  one,  and  as  to  occupying 
time  I  am  as  much  opposed  to  that  as  anybody, 
because  I  am  as  poor  certainly  as  any  other 
member. 

Mr.  WETHERILL.  Now  if  this  subject  is 
put  over,  it  will  probably  consume  another  day. 
There  has  been  already  a  long  debate  upon  it, 
and  I  think  every  gentleman's  mind  is  fully 
and  entirely  made  up.  There  is  a  doubt  here, 
but  it  can  be  removed  without  any  further  dis- 
cussion, on  this  floor  or  elsewhere,  by  a  simple 
amendirent  lodging  with  the  Legislature  the 
power,  beyond  any  question,  of  prescribing  rules 
and  regulations  for  voting.  I  want  to  leave 
that  power  with  the  Legislature  bej'ond  the 
possibility  of  a  douljt,  but  I  would  like  to  have 
the  question  decided  at  once,  and  not  be  left  to 
consume  to-morrow,  and  perhaps  another  day 
besides. 

The  question  was  taken  by  yeas  and  nays  on 
the  motion  of  Mr.  Johnson  to  postpone  the  re- 
port until  to-morrow  at  eleven  o'clock,  and  the 
vote  was — yeas,  14  ;  nays,  1.5 — as  follows  : 

Yeas — Messrs.  Banks,  Brady,  Crawford,  Frizell,  Fol- 
som,  Haines,  Hawley,  Kiukead,  Lockwood,  Murdock, 
Proctor,  Stiirtevant,  Warwick,  and  Mr.  President — 14. 

Nays — Messrs.  Brosnan,  Chapin,  Collins,  Crosman, 
DeLong,  Dunne,  Earl,  Hovey,  Hudson,  Kennedy,  Ma- 
sou,  McClinton,  Parker,  Tagliabue,  and  Wetherill — 15. 

So  the  motion  to  postpone  was  not  agreed  to. 
The  question  recurred  on  the  adoption  of  the 
amendment  offered  by  Mr.  Crosman. 

Mr.  BANKS.     I  wish   to  state  my  position 
upon  this  matter,  without  going  into  anj  argu- 
ment.   As  between  the  proposition  of  leaving 
this  unrestricted  and  dangerous  power  in  the 
hands  of  the  Legislature,  and  that  of  the  inser- 
tion of  the  oath  in  tlie  fundamental  law,  I  shall 
vote  for  retaining  the  oath  in  the  Constitution. 
J I  do  not  want  to  place  such  a  dangerous  power 
j  in  the  hands  of  a  majority  of  the  Legislature 
j  as  to  allow  them  to  prescribe  such  an  oath  as 
their  prejudices  or  passions  may  happen  at  the 
!  time  to  dictate,  and  therefore  I  prefer  to  allow 
the  oath   to   remain    in  the  Constitution,  and 
shall  vote  against  the  amendment. 
j      Mr.  FRIZELL.     As  there  have  been  but  two 
j  reasons  as  yet  advanced  why  this  amendment 
i  should  not  be  adopted,  one  by  the  gentleman 
from  Ormsby,  (Mr.  Johnson,)  and  the  other  by 
I  the   geutlemaa  from  Humboldt,  (Mr.  Banks,) 


14tli  day.] 


RIGHT  OF  SUFFRAGE. 


491 


Tuesday,] 


FrIZELL KiNKEAD — HaINES. 


[July  19. 


who  has  just  takea  his  seat,  I  beg  leave  to  say 
that  I  differ  entirely  from  both  those  gentlemen. 
Inasmuch  as  ours  is  a  representative  form  of 
government,  the  people  electing  their  own  re- 
presentatives every  year,  or  every  two  years, 
and  those  representatives,  thus  chosen,  coming 
up  to  the  Capital  to  represent  in  the  Legisla- 
ture the  interests,  and  feelings,  and  political 
sentiments  of  the  people,  I  do  think  that  this 
question,  when  it  is  placed  in  their  hands  be- 
yond a  doubt,  beyond  all  peradventure,  is 
placed  exactly  where  it  should  be,  and  there- 
fore I  differ  diametrically  from  my  friend  from 
Humboldt. 

So  far  as  the  gentleman  from  Ormsby  (Mr. 
Johnson)  is  concerned,  his  objection  was  that  the 
language  employed  might  be  mere  surplusage. 
Now,  Mr.  President,  it  seems  to  me  that  all  who 
heard  the  amendment  read  must  admit  that  it 
is  direct,  concise,  and  perfect  in  its  construction 
and  meaning,  and  therefore  no  man  can  say 
that  it  can  by  any  possibility  be  construed  as 
surplusage.  Again,  as  has  been  said,  under  our 
present  circumstances  the  passions  of  men  are, 
as  it  were,  like  a  furnace  seven  times  heated. 
Humnn  nature,  sir,  is  different  and  varied  in  its 
forms  of  manifestation.  There  are  some  men 
who,  upon  occasions,  or  under  circumstances 
like  those  which  now  surround  us,  and  which 
may  surround  us  hereafter,  act  very  differently 
from  other  men  in  like  circumstances.  I  im- 
peach no  man's  motives  ;  nothing  could  be  fur- 
ther from  me,  I  hope,  than  that.  But  I  do  say 
that  under  present  circumstances,  any  man  who 
cherishes  sentiments  of  patriotism,  truth  and 
loyal  conservatism,  any  man  who  has  been 
reared  under  the  Constitution  and  Government 
of  the  United  States,  may  manifest  his  true  and 
loyal  sentiments  without  going  to  these  ex- 
tremes. In  order  to  be  a  patriot,  and  a  true 
man,  he  need  not  ride  on  the  crest  of  the  wave, 
and  tear  the  American  eagle  all  to  pieces,  not 
leaving  so  much  as  a  feather  of  that  national 
bird.  He  need  not,  on  the  one  hand,  like  the 
gentleman  from  Ormsby,  be  so  very  much  afraid 
of  his  constituency,  or  on  the  other  hand,  like 
my  friend  from  Lander,  who  took  that  old  man 
by  the  hand,  go  into  patriotic  paroxysms.  No 
dou))t  that  was  a  good  old  man.  I  hope  so,  cer- 
tainly ;  and  I  hope  he  will  live  to  see  his  country 
free,  enlightened,  contented,  and  prosperous. 

But  I  say  there  is  another  class  of  men  whom 
it  would  be  well  to  look  after  and  control,  when 
the  great  waves  of  passion  are  surging,  and  boil- 
ing, and  seething,  and  driving  us  God  knows 
where — it  may  be  toward  the  rocks  and  break- 
ers of  destruction — I  say  it  is  the  duty  of  men 
who  are  cool,  if  they  think  there  is  danger,  to 
guide  and  direct  those  waves  and  storms,  and 
hold  in  check  the  turbulent  passions  of  men. 
They  should  not  get  up,  under  such  circum- 
stances, in  a  deliberative  body  like  this,  and 
seek  to  inflame  men's  pa.ssions.  Why,  sir,  gen- 
tlemen would  make  you  believe  here  that  all 
the  past  history  of  the  United  States  goes  for 
nothing.    I  would  like  to  know  if  the  Consti- 


tution of  the  United  States,  which  is  a  simple, 
concise  document,  does  not  govern  us,  and  if 
we  are  not  bound  also  by  the  act  of  Congress 
under  which  we  are  framing  the  fundamental 
law  of  this  State? 

Now  if  I  have  been  in  anywise  harsh  in  these 
remarks,  I  can  only  say  that  I  regret  it,  for  I 
have  not  intended  to  reflect  on  any  man.  But 
these  are  my  views.  I  am  not  willing  to  come 
here  and  sit  three  weeks,  expending  my  money 
and  taxing  my  brains,  and  then  have  it  all  go 
for  nothing,  on  account  of  this  little  question 
of  expediency,  which  I  do  believe  is  entirely 
correct  and  not  violative  of  any  principle. 
The  question  which  arises  here,  is  merely  this: 
There  are  probably  from  fifteen  hundred  to  two 
thousand  voters  in  this  Territory,  the  great  ma- 
jority of  whom  are  true  and  loyal  men,  although 
they  may  have  been  in  the  State  of  Missouri,  or 
the  State  of  Kentucky,  or  some  other  of  the 
border  States,  at  some  stage  of  this  rebellion, 
and  may  have  had  muskets  on  their  shoulders 
and  fought  on  the  side  of  the  rebellion  against 
the  Federal  Government.  Nevertheless,  those 
men  are  in  the  main  loyal  men,  although  they 
adhere  to  old  names,  old  principles,  and  old 
tenets.  The  name  of  "  Democracy"  is  dear  to 
them.  They  think  this  oath  should  not  appear 
in  the  Constitution,  and  nevertheless  they  are 
loyal  men.  Now  if  you  call  it  a  question  of 
expediency,  I  will  admit  it  to  that  extent;  but 
we  provide  that  the  Legislature  can  enact  that 
provision,  and  I  have  no  doubt  that  they  can 
and  will  do  it.  I  do  admit,  because  I  always 
endeavor  to  speak  my  true  sentiments,  that  it 
is  to  a  certain  extent  a  question  of  expediency  ; 
but  do  gentlemen  doubt  the  loyalty  of  the  Leg- 
islature which  is  to  be  elected  ?  Look  at  the 
Union  resolutions  which  were  adopted  by  our 
last  Territorial  Legislature.  In  the  sterling 
patriotism  of  their  language  they  are  equal  to 
almost  any  State  paper  ever  put  forth  in  the 
United  States.  I  have  read  them  time  and 
again,  and  think  them  perfectly  beautiful.  What 
reason,  then,  have  gentlemen  to  doubt  that  the 
incoming  Legislature  will  be  equally  patriotic 
and  loyal?  I  think  we  ought  to  adopt  tbis 
amendment,  and  leave  this  matter  entirely  to 
the  Legislature. 

Mr.  KINKEAD.  I  ask  that  the  section  may 
be  read  as  it  will  stand,  if  the  amendment  is 
adopted. 

The  SECRETARY  read  as  follows  : 

Sec.  T.  Provision  shall  be  made  by  law  for  the  regis- 
tration of  the  names  of  the  electors  within  the  coun- 
ties of  which  thej'  may  be  residents,  and  for  the  ascer- 
tainment by  proper  proofs  of  the  persons  who  shall  be 
entitled  to  the  right  of  suffrage  as  thereby  established, 
to  preserve  the  purity  of  elections,  and  to  regulate  the 
manner  of  holding  and  making  returns  of  the  same  ; 
and  the  Legislature  shall  have  power  to  prescribe  any 
other  or  further  rules  or  oaths,  as  may  be  deemed 
necessary,  as  a  test  of  electoral  qualification. 

Mr.  HAINES.  I  want  to  ask  if  it  is  neces- 
sary to  inform  the  Legislature  that  they  have 
the  power  to  prescribe  any  such  oath  ?  Or  does 
it  make  it  in  any  way  binding  upon  them  by 


492 


RIGHT  OF  SUFFRAGE. 


[14th  day 


Tiu'sda)'.]        Brosxan— Dunne— Frizell—Hawley—DeLong— Johnson— Banks.  [July  19. 


our  adding  that  last  amendment  ?  If  they  have 
the  power,  is  it  necessary  for  us  to  say  so? 

The  rRI':SII)ENT  pro  tern.  The  gentleman 
has  heard  tiie  amendment  discussed,  and  must 
judge  for  himself.  The  Chair  cannot  be  called 
upon  to  give  an  opinion. 

The  question  was  talien  by  yeas  and  nays 
upon  the  adoption  of  the  amendment  proposed 
by  Mr.  Crosman,  and  the  vote  was — yeas,  19  ; 
nays,  10 — as  follows  : 

]V(,.?_5Iessrs.  Brosuan,  Chapin,  Collins,  Crosman, 
DeLoui,',  Earl,  Frizell,  Hawley,  Hovey,  Hudson,  Ken- 
neilv.  Mason,  lloCliuton,  Murdock,  Parker,  Proctor, 
Taniiiibu.-.  Wetliciill,  and  Mr.  President— 19. 

.V,/,/.<_Mossis.  Banks,  Brady,  Crawford,  Dunne,  Fol- 
soni,"  Haines,  Kiukead,  Lockwood,  Sturtevant,  and 
Warwick— 10. 

So  the  amendment  was  adopted. 

Mr.  BROSNAN.  I  move  the  adoption  of  the 
report  as  amended. 

Mr.  DLXNE.  I  did  not  wish  to  interrupt  the 
calling  of  the  roll  by  an  explanation  of  my 
vote,  but  with  the  leave  of  the  Convention  I 
will  maiie  it  now.  I  am  opposed  to  the  amend- 
ment, because  I  am  opposed  to  leaving  so  im- 
portant a  question  to  the  conflicting  tides  of 
legislation.  1  am  oppo.sed  to  it,  also,  on  the 
ground  of  policy.  It  looks  too  much  like  set- 
ting a  trap.  I  do  not  suppose  it  is  necessary 
for  me  to  say — as  some  gentlemen  have  been  in 
the  liabit  of  saying — that  I  do  not  intend  to 
reflect  on  any  gentlemen,  but  as  that  seems  to 
be  the  general  practice,  I  will  disavow  any  such 
intention.  I  say  it  looks  to  me  too  much  like 
saying  to  meu  of  a  certain  class  that  we  will 
strike  out  this  provision,  in  order  to  get  all  the 
votes  we  can,  and  after  we  get  their  votes  we 
will,  in  the  Legislature,  pass  whatever  pro- 
vision we  please.  1  am  opposed  to  it  on  that 
ground  ;  and  if  the  amendment  should  prevail, 
I  would  prefer  to  take  the  whole  thing  out  ot 
the  Constitution  altogether.  I  should  prefer 
to  see  it  h-ft  in  that  way,  rather  than  with  an 
amendment  of  this  sort,  leaving  the  power  in 
the  hands  of  the  Legislature  to  make  any  tests 
they  please.  I  would  prefer  to  leave  it  so  that 
no  new  tests  can  be  made  in  the  future,  but 
that  every  man  whose  name  is  registered  shall 
be  required  to  take  an  oath  of  allegiance.  If 
that  is  provided  in  the  Constitution,  and  any 
men  or  set  of  men  shall  in  the  future  desire  to 
got  it  out,  they  can  only  do  so  by  an  amend- 
ment of  the  Constitution. 

Mr.  Ff{IZELL.  I  would  like  to  have  an  op- 
portunity to  explain  my  vote.  I  am  opposed 
again,  diametrically,  to  the  other  gentleman 
from  Humboldt,  (Mr.  Dunne.)  A  very  wise 
and  great  orator  of  Athens  once  said — "  Ob- 
serve, I  beseech  you.  oh  Athenians,  how  differ- 
ent your  conduct  appears  from  that  of  your 
ancestors.''  Now  Americans,  in  these  latter 
days,  have  grown  very  wise  and  statesmanlike. 
Heretofore,  until  the  present  year,  Americans 
all  over  this  broad  republic  were  extremely 
jealous,  and  held  it  as  an  inalienable  principle 
that  in  fundamental  laws  only  certain  bold 
land-marks  should  be  set  up,  and  all  the  details 


affecting  the  particular  interests  of  the  people 
should  be  left  to  the  Legislature.  But  in  these 
latter  days  men  have  grown  more  wise,  and  in- 
sist that  everything  which  suits  their  peculiar 
views  shall  he  put  into  the  Constitution. 

The  PRESIDENT  pro  (em.  The  Chair  will 
suggest  to  the  gentlemen  that  the  proper  time 
to  explain  his  vote  is  when  his  name  is  called. 

Mr.  HAWLEY.  I  ask  for  the  yeas  and  nays 
on  the  adoption  of  the  report  as  amended. 

Mr.  DUNNE.  I  call  for  a  division  of  the 
question.  There  are  some  amendments  which 
we  may  all  vote  for,  and  I  want  a  separate 
vote  upon  each  amendment. 

The  PRESIDENT  pro  tern,  said  a  division  of 
the  question  having  been  called  for,  the  first 
question  would  be  upon  the  amendment  to  Sec- 
tion 4,  striking  out  the  words  "  absent  from  this 
State,"  so  as  to  read — "  The  right  of  suffrage 
shall  be  enjoyed  by  all  persons  otherwise  enti- 
tled to  the  same,  who  may  be  in  the  military  or 
naval  service  of  the  United  States,"  etc. 

Mr.  HAWLEY.  I  do  not  wish  for  the  yeas 
and  nays  on  that  amendment. 

The  question  was  taken  on  the  adoption  of 
the  amendment,  and  it  was  agreed  to. 

The  question  was  stated  on  the  adoption  of 
the  second  amendment — to  strike  out,  in  the 
same  section,  the  words  "  for  officers  of  a  lower 
grade  than  State  officers,"  so  as  to  read — •'  Pro- 
vided, the  votes  so  cast  shall  be  made  to  apply . 
to  the  county  and  township  of  which  the  said 
voters  were  bona  fide  residents,"  etc. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

The  PRESIDENT  pro  tern,  said  the  question 
would  next  be  upon  the  adoption  of  the  several 
amendments  as  a  whole,  the  third  amendment 
having  already  been  amended  by  the  substitute 
offered  by  the  gentleman  from  Lyon,  (Mr. 
Crosman.) 

Mr.  DeLONG  said  he  understood  that  the 
question  now  was  on  the  adoption  of  that  .sec- 
tion as  amended  on  motion  of  Mr.  Crosman. 

Mr.  JOHNSON.  The  question,  as  I  under- 
stand it,  is  now  on  the  report  of  the  committee 
as  amended.  A  division  was  called  for,  and  the 
first  and  second  amendments  were  acted  upon. 
It  occurs  to  me  that  the  vote  having  been  taken 
on  the  amendment  of  the  gentleman  from  Lyon, 
(Mr.  Crosman,)  the  question  now  is  on  the  sec- 
tion as  reported  by  the  committee. 

The  PRESIDENT  ^ro  tern.  The  Chair  will  so 
decide. 

Mr.  DUNNE.  I  certainly  do  not  understand 
it  so. 

Mr.  HAWLEY.  I  call  for  the  yeas  and  nays 
on  the  adoption  of  the  report  of  the  committee. 

Mr.  BANKS.  As  the  question  is  now  pre- 
sented, I  certainly  do  not  understand  it.  I  un- 
derstand that  the  report  was  amended,  and  that 
a  division  was  called  for.  We  then  voted  on 
two  of  the  propositions  embraced  in  the  report, 
and  they  were  adopted,  and  now  we  are  to  vote 
on  the  third. 

The  PRESIDENT  pro  tern.    No,  sir  ;  we  have 


14th  day.] 


RIGHT  OF  SUFFEAGE. 


493 


Tuesday,] 


Dunne — Banks— Hawlet—Sturtevant. 


[July  19. 


voted  on  the  third,  and  now  we  are  about  to 
take  ^he  vote  on  all  the  propositions  as  a 
whole,  each  proposition  having  been  adopted 
separately. 

Mr.  DUNNE.  I  have  been  waiting  for  the 
question  on  striking  out  the  proviso  in  Section 
7.  Those  who  wish  that  part  of  the  section  to 
remain,  have  the  privilege  of  amending  it  first, 
so  as  to  make  it  as  perfect  as  possible ;  and  I 
understand  the  amendment  of  the  gentleman 
from  Lyon  (Mr.  Crosman)  to  have  been  made 
for  the  purpose  of  perfecting  the  section,  before 
voting  on  the  proposition  to  strike  out.  With 
that  understanding,  I  call  for  a  division  of  the 
question. 

The  PRESIDENT  pro  tern.  There  is  no  ques- 
tion presented  as  to  striking  out.  It  was  sim- 
ply an  amendment  to  Section  7.  A  division  of 
the  question  has  been  had,  and  the  question 
comes  now  upon  agreeing  to  the  report  as  a 
whole. 

Mr.  BANKS.  But  the  gentleman  from  Doug- 
las (Mr.  Hawley)  calls  for  the  yeas  and  nays  on 
the  last  amendment.  I  certainly  understood 
that  the  vote  was  to  be  taken  next  on  that,  and 
I  was  waiting  for  that  vote. 

Further  discussion  took  place  relating  to 
questions  of  order. 

Mr.  DUNNE.  In  order  to  get  to  a  direct 
vote  on  striking  out  the  oath  from  Section  7, 
I  will  move  to  reconsider  the  vote  by  which 
the  amendment  proposed  by  Mr.  Crosman  was 
adopted. 

The  PRESIDENT  pro  tern.  Did  the  gentle- 
man vole  with  the  majority? 

Mr.  DUNNE.  I  really  do  not  know ;  the 
question  was  so  mixed.     [Laughter.] 

Mr.  HAWLEY.  I  voted  "  aye,"  and  I  move 
the  reconsideration. 

The  question  was  taken  on  the  motion  to  re- 
consider, and  it  was  not  agreed  to. 

The  question  recurred  on  the  adoption  of  the 
report,  as  amended,  and  the  vote  being  taken 
by  yeas  and  nays,  resulted — yeas,  17  ;  nays, 
12 — as  follows  : 

Yeas — Messrs.  Brosnan,  CbaiJin,  Collins,  Crosman, 
DeLong,  Earl,  Frizell,  Hovey,  Hudson,  Kennedy,  Ma- 
son, McCUnton,  Miirdock,  Parker,  Tagliabne,  'Wetherill, 
and  Mr.  President — 17. 

Nays — Messrs.  Banks,  Brady,  Crawford,  Dunne,  Fol- 
8om,  Haines,  Hawley,  Kiukead,  Lockwood,  Proctor, 
Sturtevant,  and  War\A'ick — 12. 

So  the  report  was  adopted. 

During  the  voting — 

Mr.  HAWLEY.  For  substantially  the  same 
reasons  which  have  been  given  by  the  gentle- 
man from  Humboldt,  (Mr.  Dunne,)  I  shall  vote 
"  no."  I  believe  in  taking  no  step  backward, 
and  I  will  never  consent  to  emasculate  this  in- 
strument in  the  manner  proposed  by  the  report 
of  the  committee. 

Mr.  STURTEVANT.  I  shall  vote  "no  "on 
this  amendment  for  the  reason  that  I  do  not 
believe  in  throwing  out  any  inducements  to 
gain  the  copperhead  influence,  even  though  we 
needed  help  ever  so  badly. 


[The  President  in  the  chair.] 

The  result  of  the  vote  having  been  an- 
nounced, as  above  stated — 

The  question  was  stated  to  be  on  the  tliird 
reading  and  passage  of  the  article,  as  amended. 

The  SECRETARY  read  the  article,  as  fol- 
lows : 

ABTICLE   n. 

EIGHT  OF  SUFFRAGE. 

Section  1.  Every  white  male  citizen  of  the  United 
States  (not  laboring  under  the  disabihties  named  in 
this  Constitution,)  of  the  age  of  twenty-one  years  and 
upwards,  who  shaU  have  actuaUy  resided  in  "the  State 
six  months,  and  iu  the  district  or  county  thirty  days 
next  preceding  any  election,  shall  be  entitled  to  vote 
for  all  officers  that  now  are  or  may  hereafter  be  elected 
by  the  people,  and  upon  all  questions  submitted  to  the 
electors  at  such  election. 

Sec.  2.  No  person  who  has  been  or  may  be  con- 
victed of  treason  or  felony,  in  any  State  or  Territory 
of  the  United  States,  unless  restored  to  civil  rights, 
and  no  person  who,  after  arriving  at  the  age  of  eight- 
een years,  shall  have  voluntarily  borne  arms  against 
the  United  States,  or  held  civil  or  miUtary  office  under 
the  so-called  Confederate  States,  or  either  of  them,  un- 
less an  amnesty  be  granted  to  such  by  the  Federal 
Government,  and  no  idiot  or  insane  person  shall  be 
entitled  to  the  privilege  of  an  elector. 

Sec.  3.  For  the  purpose  of  voting,  no  person  shall 
be  deemed  to  have  gained  or  lost  a  residence  by  reason 
of  his  presence  or  absence  while  employed  in' the  ser- 
vice of  the  United  States,  nor  while  engaged  in  the 
navigation  of  the  waters  of  the  United  States,  or  of  the 
high  seas  ;  nor  while  a  student  of  any  seminary  of 
learning  ;  nor  while  kept  at  any  almshouse  or  other 
asylum  at  public  expense  ;  nor  while  confined  in  any 
pubUc  prison. 

Sec  4.  The  right  of  suffrage  shall  be  enjoyed  by  all 
persons  otherwdse  entitled  to  the  same  who  may  be  in 
the  military  or  naval  service  of  the  United  States  ; 
provided,  the  votes  so  cast  shall  be  made  to  apply  to  the 
county  and  townshii)  of  which  said  voters  were  botia 
fide  residents  at  the  time  of  their  enlistment  ;  and  pro- 
vided that  the  payment  of  a  poll  tax  or  a  registration 
of  such  a  vote  shall  not  be  required  as  a  condition  to 
the  right  of  voting.  Provision  shall  be  made  by  law, 
regulating  the  manner  of  voting,  holding  elections, 
and  making  returns  of  such  elections,  wherein  other 
provisions  are  not  contained  in  this  Constitution. 

Sec.  5.  During  the  day  on  which  any  general  elec- 
tion shall  be  held  in  this  State,  no  qualified  elector 
shah  be  arrested  by  virtue  of  any  civil  process. 

Sec.  6.  All  elections  by  the  peojsle  shall  be  by  bal- 
lot, and  all  elections  by  the  Legislature,  or  by  either 
branch  thereof,  shall  be  viva  voce. 

Sec.  7.  Provision  shall  be  made  by  law  for  the 
registration  of  the  names  of  the  electors  within  the 
counties  of  which  they  may  be  residents,  and  for  the 
ascertainment  by  proper  proofs  of  the  persons  who 
shall  be  entitled  to  the  right  of  suffrage  as  thereby  es- 
tablished, to  preserve  the  i^urity  of  elections,  and  to 
regulate  the  manner  of  holding  and  making  returns  of 
the  same,  and  the  Legislature  shall  have  i^ower  to  pre- 
scribe any  other  or  further  rules  or  oaths,  as  may  be 
deemed  necessary,  as  a  test  of  electoral  qualification. 

Sec.  8.  The  Legislature  shall  provide  by  law  for  the 
jiayment  of  an  annual  poll  tax  of  nut  Ic.-^.*  than  two, 
nor  exceeding  four  dollars,  from  each  niali'ixTson  res- 
ident m  the  State,  between  the  ages  of  twenty-one  and 
sixty  years,  (uncivilized  American  Indians  excepted,) 
one  "half  to  be  appUed  for  State,  and  one  half  for  county 
purposes  ;  and  the  Legislature  may,  in  its  discretion, 
make  such  payment  a  condition  to  the  right  of  voting. 

Sec.  9.  AU  persons  qualified  by  law  to  vote  for 
Representatives  to  the  General  Assembly  of  the  Terri- 
tory of  Nevada,  on  the  21st  day  of  March,  k.  D.  1864, 
and  all  other  persons  who  may  be  lawful  voters  in  said 
Territorj',  on  the  first  Wednesday  of  Seijtember,  next 
foDowng,  shall  be  entitled  to  vote  directly  \ipon  the 
question  of  adoi)tiug  or  rejecting  this  Constitution. 


494 


PACIFIC  RAILROAD. 


[14th  day. 


Tuesday.]        McCllntox—Pkoctor— Warwick— Hawley—Sturtevant— Banks.  [July  19. 


The  question  was  taken  by  j'cas  and  nays  on 
the  liual  pa.ssage  of  the  Article,  and  the  vote 
\vas— yeas.  25  ;  nays,  4  -as  follows  : 

l>a-«— Messrs.  Banks,  Brady,  Brosnan,  Chapin,  Col- 
lins Crawford,  C'ro.'jmau.  DeLong,  Earl,  Frizell,  Fol- 
.snui  Hiiines.  Hawlev.  Hovey,  Hudson,  Kennedy, 
Kiukcad,  Lik  kwood,  :\Iason,  McClintou,  Murdock,  Par- 
kir,  Tagliabue,  Wetlierill,  and  Mr.  President— 25. 

_Va  ys— Messrs.  Dunne,  Proctor,  Sturtevant,  and  War- 
wick— i. 

So  the  article  was  passed. 

During-  the  voting — 

Mr.  DUNNE.  I  shall  vote  "  no  "  for  the 
same  reasons  which  I  gave  in  regard  to  the 
amendment. 

Mr.  MrCLINTON.  I  did  not  avail  myself  of 
the  opportunity  to  explain  my  vote  upon  the 
passage  of  this  amendment,  but  I  will  do  so 
now.  I  shall  vote  "  aye  "  for  the  reason  which 
I  have  stated  frequently  in  this  Convention — 
that  I  do  believe  that,  from  the  commencement 
of  our  session,  we  have  arrogated  to  ourselves 
too  much  power.  We  ha\e  iiH'orporated  many 
provisions  already,  in  thisC(Uistitution,  which  I 
think  belong  properly  to  the  Legislature.  I 
will  state  further,  too,  that  I  should  have  voted 
against  striking  out  this  oath  had  not  the  provi- 
sion been  amended  so  as  to  meet  what  I  deem 
the  necessities  of  the  case.  But  the  provision 
as  it  now  stands  meets  my  approbation.  Had 
not  the  amendment  proposed  by  the  gentleman 
from  Lyon  (Mr.  Crosman)  been  adopted  I  should 
have  voted  "  no,"  but  as  it  now  stands  I  vote 
"  ave."' 

Mr.  PROCTOR.  I  vote  against  the  article 
because  1  do  not  like  it,  nor  any  part  of  it.  I 
vote  ■'  no." 

Mr.  WARWICK.  I  desire  to  be  excused  from 
voting  on  this  question,  for  the  following  rea- 
sons :  It  is  well  known  to  most  of  the  members 
of  the  Convention  that  when  it  was  sought  to 
incorporate  this  oath  it  met  with  my  approval, 
and  1  advocated  it  warmly.  Now  I  have  seen 
no  reason  since  to  change  my  opinion,  and 
wlieu  the  amendment  was  proposed  I  opposed 
it.  as  I  opi)ose  it  now.  And  therefore,  not  de- 
siring to  have  that  oath  stricken  out,  and  looking 
upon  the  measure  as  a  compromise,  and  one 
wiucii  I  cannot  sanction,  yet  not  wishing  to 
offer  any  factious  opposition,  I  wish  to  be  ex- 
cused Irom  voting. 

Mr.  l)i;[/)N(i.     I  object  to  his  being  excused. 

Mr.  WAiiW'iCK.     Then  I  vote  "  no." 

.Mr.  HAWIjEV.  I  iiave  voted  in  the  nega- 
tive. 1)Ut  I  would  like  to  have  my  vote  changed 
from  "  no  "  to  "  aye,""  because  I  do  not  want 
it  to  go  on  the  record  tliat  I  vote  against  this 
article.  Altiiougli  I  ])rolest  against  the  action 
of  the  Convention,  still  1  will  vote  in  favor  of 
the  article.     I  vote  "  aye." 

Mr.  .^TIRTEVANT.  I  voted  "  aye,"  but  1 
do  not  likr  to  see  the  other  side  left  entireh 
alone,  anil  I  will  vote  "  no." 

The  result  of  the  vote  was  then  announced, 
as  above  stated. 


PACIFIC   RAILROAD. 

The  Convention  resumed  consideration  of 
Article  VIII,  entitled  Municipal  and  other  Cor- 
porations, the  question  being  upon  the  amend- 
ment ottered  by  Mr.  Kinkead,  to  substitute  for 
the  ameiulment  offered  by  Mr.  Crosman,  the  fol- 
lowing as  the  proviso  in  Section  9  : 

"Provided,  That  the  State  may  issue  bonds  bearing 
a  rate  of  Interest  not  exceeding  seven  x^er  cent,  per 
annum,  to  an  amount  not  exceeding  one  and  one  half 
millions  of  dollars,  or  guarantee  the  payment  of  in- 
terest or  principal,  or  both  interest  and  princii^al,  of 
bonds  to  the  said  amount,  on  such  terms  as  the  Legis- 
lature may  prescribe,  to  the  company  or  incorporation 
that  shall  first  connect  by  a  first  class  railroad  the  city 
of  Virginia  with  the  main  range  ot  the  Sierra  Nevada 
Mountains." 

Mr.  BANKS.  After  the  elaborate  discussion 
which  has  been  had  upon  this  proposition,  and 
matters  generally  pertaining  to  the  Pacific  Rail- 
road, I  do  not  propose  to  do  more  than  simply 
state  the  reasons,  by  way  of  explaining  my  vote, 
why  I  shall  vote  against  the  amendment  offered 
by  the  gentleman  from  Ormsby,  (Mr.  Kinkead,) 
and  in  favor  of  the  amendment  of  which  notice 
has  been  given  by  the  gentleman  from  Lander, 
(Mr.  Warwick.) 

Uniformly,  through  the  sitting  of  this  Con- 
vention, 1  have  voted  in  favor  of  granting  aid 
to  the  grand  work  of  this  age,  the  Pacific  Rail- 
road, in  the  construction  of  that  work  across 
the  Sierra  Nevada  Mountains,  where  such  aid 
is  absolutely  demanded,  and  where,  without 
aid,  I  fear  no  road  like  this  will  be  constructed. 
The  proposition  of  the  gentleman  from  Ormsby 
is  to  lend  the  aid  of  the  State  in  constructing 
what  is  purely  a  local  work  ;  one  that  will  not 
materially  benefit  all  parts  of  the  State,  and  to 
which,  if  aid  must  be  given,  the  counties  inter- 
ested should  come  to  the  rescue  and  advance 
that  aid.  Now  I  can  conceive  how  the  mines 
in  all  parts  of  the  State  will  be  benefited  by 
the  construction  of  a  railroad  connecting  the 
State  with  the  navigable  waters  of  the  Sacra- 
mento River,  but  I  do  not  see  how  Humboldt 
County,  or  Esmeralda  County,  or  Lander  Coun- 
ty, and  other  remote  counties,  are  likely  to  be 
much  benefited  by  such  a  measure  as  lending 
the  aid  of  the  State  to  the  amount  of  a  million 
and  a  half  of  dollars  in  aid  of  a  road  which 
will  be  nearly  parallel  to  the  Sierra  Nevada 
Mountains.  If  aid  is  desired  for  a  local  work 
of  this  kind,  for  it  will  be  almost  entirely  for 
the  local  convenience  and  profit  of  the  counties 
in  which  the  road  is  situated,  I  will  most 
heartily  advocate  any  proposition  to  authorize 
the  counties  interested  to  lend  their  aid.  But  I 
do  not  believe  that  the  people  of  the  distant 
parts  of  the  Territory — and  other  gentlemen  I 
think  entertain  the  same  views  in  that  particu- 
lar— are  willing  to  lend  their  aid  to  a  work  which 
by  no  manner  of  reasoning  can  be  shown  to  be 
of  general  usefulness  to  the  people  of  the  en- 
tire State.  1  hope  therefore  that  the  proposi 
tion  of  the  gentleman  from  Ormsby  will  be 
voted  down,  and  1  hope  he  will  reserve  it  for 


14th  day.] 


PACIFIC  RAILROAD. 


495 


Tuesday,] 


DeLong— Proctor — Warwick— President— Crosman. 


[July  19. 


some  measure  involving  the  question  of  county 
or  corporate  aid.  and  if  the  people  of  this  city 
and  Virginia,  or  the  people  of  Storey,  Ormsby 
and  Washoe  counties,  desire  it,  I  trust  they  will 
have  ample  power,  under  this  Constitution,  to 
contribute  whatever  amount  of  means  they  are 
able  to  spare  for  such  a  purpose.  As  to  the 
proposition  of  the  gentleman  from  Lander.  (Mr. 
Warwick.)  as  it  has  been  stated  by  him,  it  is  one 
which  in  the  main  does  not  meet  my  entire  ap- 
probation, because  in  practical  efficiency  I  do 
not  believe  it  comes  up  to  what  is  actually  re- 
quired ;  but  in  preference  to  anything  else 
which  is  before  the  Convention  I  shall  vote  for 
it,  and  I  think  possibly  it  may  do  much  good. 

Mr.  DeLONG.  Now  I  think  that  argument  is 
about  as  baseless  as  that  of  the  old  Dutchman 
in  New  York,  who,  when  the  proposition  was 
laid  before  him  to  aid  in  constructing  the  Erie 
Canal,  voted  against  it  because  the  canal  did 
not  run  by  his  own  house.  We  cannot  run  a 
railroad  to  every  portion  of  the  State,  but  if 
we  connect  the  mines  with  the  mountains,  so  as 
to  convey  huuber  to  the  mining  regions  and  ore 
to  the  mountains,  it  will  enhance  the  value  of 
property  so  much  that  taxation  will  bear  far 
less  heavily  on  the  people  of  the  distant  coun- 
ties, and  thus  we  shall  ',>e  enabled  in  time  to 
extend  the  railroad  gradually  to  those  distant 
portions  of  the  State  to  which  the  gentleman 
refers. 

Now  one  word  to  my  "  cow  county  "  friends — 
and  I  would  call  the  particular  attention  of  the 
gentleman  from  Douglas.  (Mr.  Ilawley,)  but  I 
observe  that  he  has  gone  out  of  doors  and  can- 
not hear  me — I  wish  to  say.  nevertheless,  that 
we  have  been  accused  of  being  particularly 
and  peculiarly  the  representatives  of  the  miners. 
V,'e  have  been  charged  with  having  tirst  secured 
the  pas.sage  of  this  mining  clause,  and  then 
having  attempted  to  appropriate  three  millions 
of  dollars  to  the  Pacific  Railroad.  They  say 
we  first  go  to  work  and  provide  in  the  Consti- 
tution that  the  mines  shall  not  be  taxed,  and 
then  we  turn  around  and  favor  this  donation  to 
the  Pacific  Railroad,  thereljy  voting  to  impose 
all  the  burden  of  taxation  upon  the  farming  in- 
terest. They  complain  of  this,  and  tell  us  it  is 
all  a  trick  ;"  that  we  first  vote  out  the  Pacific 
Railroad  in  order  to  be  able  to  vote  out  the 
taxation  of  the  mines,  and  then,  having  got  our 
own  axe  ground,  we  turn  around  and  put  in 
the  three  million  clause  again.  Now  I  will 
show  these  gentlemen  my  own  good  faith  in 
that  matter,  by  voting  upon  these  propositions 
according  to  the  wishes  of  the  cow  county  dele- 
gates. I  do  believe  that  the  appropriation  of  a 
million  and  a  half  of  dollars  will  cause  a  rail- 
road to  be  built  from  Virginia  City  to  this  place, 
and  thence  down  to  the  Truckee  country  ;  and 
that  when  that  is  done,  it  will  enhance  the  value 
of  the  property  of  the  State  to  a  degree  scarcely 
imagined  at  tlie  present  time.  And  Esmeralda 
and  Humboldt  Counties,  though  they  might  not 
feel  it  as  immediately  as  Storey  and  Ormsby 
Counties,  would  yet  feel  it  in  a  very  great  de- 


gree, and  find  it  a  benefit  which  would  far 
more  than  compensate  them  for  the  amount 
which  they  would  have  to  be  taxed  in  order 
to  bring  about  that  result.  But  if  the  "  cow 
counties  "  vote  against  it,  I  will  vote  against 
it  also,  if  it  is  their  wish,  so  as  to  show  them 
that  I  have  not  got  the  words  "  mines  and  min- 
ing claims '"  stricken  out  of  the  taxation  clause 
in  order  to  trick  them,  or  with  any  view  of  af- 
terwards putting  in  a  railroad  appropriation. 

Mr.  PROCT(jR.     Is  an  amendment  in  order? 

The  PRESIDENT.  An  amendment  to  an 
amendment  is  already  pending. 

Mr.  WARWICK.  I  call  for  the  reading  of 
the  amendment  now  before  the  Convention. 

The  SECRETARY  again  read  Mr.  Kinkead's 
amendment. 

Mr.  WARWICK.  If  I  understand  the  ques- 
tion rightly.  Mr.  President,  this  amendment  is 
ottered  Ijy  the  gentleman  from  Lyon,  (Mr.  Cros- 
man.)  who  accepted  in  lieu  of  his  own,  the 
amendment  to  the  amendment. 

The  PRESIDENT.  The  gentleman  is  entirely 
mistaken.  The  Chair  will  state  the  po.sition  of 
the  question.  The  original  amendment  was 
presented  while  I  was  not  present,  but  I  am 
informed  by  the  Secretary  that  the  gentleman 
from  Lyon.  (Mr.  Crosman.)  accepted  an  amend- 
ment proposed  by  the  gentleman  from  Lander, 
(Mr.  ^Varwick.)  and  that  must  necessarily  be 
regarded  as  the  original  amendment.  To  this 
the  gentlemen  from  Ormsby,  (Mr.  Kinkead.) 
otters  an  amendment,  and  the  question  now  is 
on  the  amendment  proposed  to  the  original 
amendment,  that  which  was  ottered  by  the  gen- 
tlenmu  from  Lander,  (Mr.  AVarwick,)  taking  the 
place  of  the  original  amendment  offered  by 
the  gentleman  trom  Lyon,  (Mr.  Crosman.) 

Mr.  CROSMAN.  I  would  ask  for  the  reading 
of  my  amendment  as  it  now  stands. 

The  SECRETARY  read  as  follows  : 

"Provided,  That  the  State  of  Nevada  may  loan  its 
credit  to  the  Central  Pacific  Railroad  Company  to  an 
amount  not  exceetling  three  milUons  of  dollars  when 
it  shall  have  completed  its  road  to  a  distance  of  eighty 
miles  east  from  tlie  navigable  waters  of  the  Sacramen- 
to River;  but  no  appropriation  of  auj'  character  shall 
be  made,  unless  sanctioned  by  a  vote  of  the  iseople." 

The  PRESIDENT.  This,  as  just  read,  is  the 
original  amendment,  and  to  it  the  gentleman 
from  Ormsby,  (Mr.  Kinkead,)  moves  to  amend 
by  substituting  the  following  : 

"Provided,  That  the  State  may  issue  bonds  bearing 
a  rate  of  interest  not  exceeding  seven  per  cent,  per  an- 
num, to  an  amount  not  exceeding  one  and  one  half 
millions  of  dollars,  or  guarantee  the  payment  of  inter- 
est or  principal,  or  both  interest  and  principal,  of 
bonds  to  the  said  amount,  on  such  terms  as  the  Legis- 
lature may  prescribe,  to  the  company  or  incorporation 
that  shall  first  connect  by  a  first-class  railroad  the  City 
of  Virginia  with  the  main  range  of  the  Sierra  Nevada 
mountains." 

Mr.  WARWICK.  When  I  offered  my  amend- 
ment yesterday  afternoon,  I  did  so  with  an 
earnest  desire  that  some  compromise  might  be 
arrived  at  on  this  railroad  question,  by  which 
the  hands  of  the  people  would  not  be  tied  in 
the  future,  but  that  the  people  of  the  new  State, 


496 


PACIFIC  RAILROAD. 


[14th  day. 


Tuesday,] 


DeLoxg— Warwick — Kixkead. 


[July  19. 


if  thov  sliould  feel  themselves  able,  might  at 
some"finure  time  be  at  liberty  to  lend  their 
credit  towards  the  construction  of  this  great 
national  work.  Every  step  towards  atfecting 
this  object  which  has'  been  taken  by  me,  has 
been  taken  in  u  spirit  of  compromise.  It  has 
been  mv  earnest  desire,  in  view  of  tlie  fact  that 
this  work  receives  the  sanction  of  the  entire 
United  States,  and  that  it  appears  to  have  been 
the  earnest  desire  of  every  member  on  the  floor 
of  this  Convention,  to  signify  the  tact  that  he  is 
not  an  enemy  to  the  project,  to  so  far  perfect  or 
amend  this  proviso,  if  you  please,  as  to  bring 
it  within  such  limits,  or  into  such  a  shape,  that 
it  mav  receive  the  sanction  of  a  majority  of  this 
Convention.  It  was  in  that  spirit  that  I  drew 
u])  the  amendment  which  I  did  this  morning, 
]uoi)Osing  to  otter  it  as  a  substitute  for  the  one 
1  ottered  yesterday.  But  I  saw  that  it  gave 
ottense  to  some  members  of  the  Convention,  to 
nominate  particularly  the  Central  Taclfic  Rail- 
road, for  some  reason'best  known  to  themselves  ; 
and  seeing  that  it  did  appear  to  give  off"ense  to 
a  certain  "portion  of  the  members  of  the  Con- 
vention. I  therefore,  acting  still  in  the  spirit  of 
compromise,  as  I  stated  before,  was  induced  to 
otter  another  amendment,  striking  out  that  ob- 
noxious portion,  and  leaving  it  simply  to  specify 
only  a  railroad  enterprise  or  enterprises.  1 
prepared  this  amendment,  which  I  will  read 
again  with  the  leave  of  the  Convention : 

"Provided,  That  the  State  may  loan  its  credit  loan 
amount  not  to  exceed  three  millions  of  dollars  for  the 
eucoin-a;,'tnn-iit  of  railroad  enterprises  ;  the  manner  of 
lirovidiuj;  for  the  paynit-ut  of  the  above  sum  to  be  lelt 
to  the  Lc^'islature.  iint  no  appropriation  shall  be  macle 
unless  sanctioned  by  a  vote  "i  tlie  people  at  a  si)ecial 
election  to  be  held  for  that  i)nrpuse,  nor  until  after  the 
tax<ible  i)r(iperty  of  the  State  shall  have  reached  the 
amount  of  tifty  millions  of  dollars." 

That  was  the  proposition  which  I  advanced 
this  morning.  I  put  in  that  last  clause,  because 
some  gentlemen  had  spoken  of  our  present 
j)overty,  and  argued  our  inability  to  render 
that  assistance  which  every  one  expressed  his 
willingness  to  render.  Our  taxable  jjropertyis 
now.  I  believe,  a  little  over  twenty-five  millions 
of  (hjllars,  and  before  this  proposition  can  pos- 
sildy  a])ply.  the  taxable  property  of  the  State 
must  1)0  doubled.  Therefore,  in  that  way,  1 
remove  the  very  strong  barrier,  which  some 
gentlemen  have  placed  in  the  way  of  lending 
our  aid  to  this  inqjortant  enterprise. 

Mr.  DkLONG.  If  the  gentleman  will  allow 
me,  the  taxable  property  of  the  State  is  forty- 
tlircc  miUiuiis  now. 

.Mr.  W.VIMVICK.  Is  that  the  case?  I  will 
a-k  our  Treasurer,  the  gentleman  from  Ormsby. 
(.Mr.  Kinkead,)  if  that  was  the  basis  of  taxation 
last  year? 

Mr.  Ki.\KE.\D.  I  presume  the  gentleman 
from  Storey  reft-rs  to  the  gross  proceeds  of  the 
iiiiiu's.     That  is  yet  to  come. 

.Mr.  W.MvWK'K.  That  is  the  precise  posi- 
tion not  a  prospective,  but  a  present  benefit. 
1  mean  by  this  amendment,  not  what  will  be, 
but  what  has  been.     The  amendment  provides 


that  the  appropriation  shall  not  be  made  "un- 
til after  the  taxable  property  of  the  State  shall 
have  reached  the  amount  of  fifty  millions  of 
dollars." 

Mr.  DeLONG.  That  is  what  it  is,  very  nearly  ; 
I  am  speaking  of  what  it  is  now\ 

Mr.  WARWICK.  But  they  collected  last 
year  on  less  than  forty  millions  of  dollars. 

Mr.  DeIjONG.  But  the  tax  has  been  held 
legal  on  the  whole  amount.  If  it  was  not  col- 
lected, it  was  not  the  fault  of  the  law.  It  was 
assessed,  and  on  appeal,  the  Supreme  Court  has 
affirmed  the  legality  of  the  assessment. 

Mr.  KINKEAD.  '  I  think  the  gentleman  is  a 
little  wrong  in  the  amount ;  he  is  about  five 
millions  out  of  the  way,  I  believe. 

Mr.  DeLONG.  I  am  not  speaking  pf  what 
was  assessed,  but  of  what  was  liable  to  assess- 
ment. 

Mr.  KINKEAD.  To  take  what  was  assessed, 
is  the  only  way  to  get  at  it. 

Mr.  WARWICK.  Very  well ;  I  would  like 
to  know,  then,  if  I  insert  here — because  I  want 
to  see  gentlemen  show  their  hands — 

The  PRESIDENT  [interrupting.]  The  only 
question  before  the  Convention  occurs  on  the 
ameiulment  ottered  by  the  gentleman  from 
Lyon,  modified  on  the  suggestion  of  the  gentle- 
man from  Lander,  and  to  which  another  amend- 
ment is  proposed,  as  a  substitute,  by  the  gentle- 
man from  Ormsby  (Mr.  Kinkead.)  The  gen- 
tleman from  Lander  is  at  liberty,  of  course,  to 
read  the  amendment,  which  he  now  proposes, 
for  the  information  of  the  Convention,  but  not 
to  discuss  it. 

Mr.  WARWICK.  I  would  inquire  if  it  is  not 
competent  for  any  member  to  state  his  reasons 
for  not  sustaining  the  pending  amendment? 
Can  I  not  give  my  reasons  why  we  should  not 
attempt  to  provide  for  a  road  connecting  with 
Virginia  Citv  ? 

The  PRESIDENT.  It  is  not  competent  for 
the  gentleman  to  discuss  the  proposition  which 
he  holds  in  his  hand,  because  it  would  not  be 
in  order  to  submit  it  to  the  Convention. 

Mr.  WARWICK.  Then  I  will  address  ray- 
self  to  the  proposition  to  grant  aid  to  a  railroad 
from  here  to  Virginia  City.  Now,  sir,  I  con- 
tend that  it  wottld  be  impossible  to  construct 
that  road,  or  at  least  it  would  be  a  moral  im- 
possibility, and  a  financial  impossibility,  as  it 
must  appear  to  every  one  here  upon  reflection. 
The  reason  is  that  it  is  impossible  to  get  the 
materials  here  except  at  such  a  cost  as  to  ren- 
der it  impossible  to  raise  the  necessary  funds 
for  the  construction  of  the  road,  especially 
when  we  consider  the  high  rates  of  interest  in 
this  State. 

Mr.  KINKEAD.  lias  the  gentleman  made 
any  calculation  or  estimates  upon  the  cost  of 
the  materials,  and  the  cost  of  getting  them  here 
by  the  wagon  roads? 

-Mr.  WARWICK.  I  suppose  the  iron  will 
cost  three  cents  a  pound,  to  bring  it  here  from 
Sacramento.  But  then,  again,  the  iron  is  not 
the  only  material  to  be  furnished.    All  of  your 


14th  day.] 


PACIFIC  RAILROAD. 


497 


Tuesday,]        Pkoctor — Warwick — Hawley — Kennedy — Paeker — Crosman,  etc.        [July  19. 


rolling  stock  will  have  to  be  transported  in  the 
same  expensive  way.  The  consequence,  is  that 
if  you  attempt  to  build  a  first-class  railroad 
here,  with  '•  T  "  iron,  you  will  find  it  one  of  the 
most  extravagantly  expensive  roads  ever  built 
in  the  United  States  of  America. 

Mr.  PKOCTOR.  I  rise  to  a  question  of  order. 
I  believe  the  gentleman  from  Lander  has  oc- 
cupied some  fifteen  or  twenty  minutes  in  all.  in 
discussing  this  same  question  heretofore,  and 
he  has  occupied  about  ten  minutes  now.  "We 
are  approaching  the  time  of  adjournment,  very 
nearly,  or  I  would  not  have  raised  the  point  of 
order. 

The  PRESIDENT.  The  question  of  order  is 
not  well  taken.  Although  the  gentleman  may 
have  exceeded  the  allotted  period  of  fifteen 
minutes  the  first  time  he  spoke  on  this  question, 
yet  the  rule  only  restricts  him  to  not  more  than 
fifteen  minutes  at  anv  one  time. 

Mr.  WARWICK.  '  As  there  is  only  a  brief 
time,  I  will  give  way  for  any  further  business. 

Mr.  HAWLEY.  t  move  that  when  this  Con- 
vention adjourn,  it  adjourn  until  to-morrow 
morning  at  nine  o'clock. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Mr.  WARWICK.  I  believe  the  Convention 
is  alread}-  in  possession  of  m^'  views  on  this 
subject,  and  I  am  quite  willing  to  come  to  a 
vote  without  any  further  remarks  upon  it. 

Mr.  KENNEDY.  In  order  that  we  may  reach 
a  final  vote  on  this  question,  I  move  that  the 
time  of  adjournment  be  extended  until  half-past 
five  o'clock. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Mr.  PARKER.  And  in  order  that  we  may 
come  to  a  vote  on  this  question,  I  move  the 
previous  question,  and  I  do  so  because  each 
member  is  allowed,  according  to  the  ruling  of 
the  Chair,  to  explain  his  vote,  under  the  previ- 
ous question,  and  that  will  take  up  the  entire 
half  hour. 

The  question  was  taken — "  Shall  the  main 
question  be  now  put  ?  '* — and  upon  a  division 
the  vote  was — ayes,  14  ;  noes,  14.  So  the  pre- 
vious question  was  not  sustained. 

The  PRESIDENT  stated  the  question  to  be 
first  upon  the  amendment  oftered  by  Mr.  Kin- 
kead,  which  was  read  again  by  the  Secre- 
tary. 

Mr.  CROSMAN.  If  that  amendment  is 
adopted,  what  will  be  the  condition  of  the  sec- 
tion ? 

The  PRESIDENT.  Gentlemen  must  judge 
for  themselves  the  effect  of  the  amendment. 

Mr.  CROSMAN.  Well,  sir,  I  say  that  one 
effect  of  the  amendment  proposed  by  the  gen- 
tleman from  Ormsby,  would  be  to  provide  that 
the  Legislature  may  make  this  appropriation 
without  submitting  the  matter  to  the  people.  A 
simple  act  of  the  Legislature,  under  that  amend- 
ment, would  absolutely  donate  a  million  and  a 
half  of  dollars,  without  submitting  it  to  the 
people  at  all. 

a6 


Mr.  KENNEDY  and  others  demanded  the 
yeas  and  nays  upon  the  amendment. 

The  question  was  taken  by  yeas  and  nays, 
and  the  vote  was — yeas,  8  ;  nays,  21 — as  fol- 
lows : 

Fea*— Messrs.  Brady,  Cra^'ford,  Earl,  Folsom,  Haw- 
ley, Kinkead,  Parker,  and  Mr.  President— 8. 

jN'nj/s—Messrs.  Banks,  Brosnan.  Chapiu,  Collins, 
Crosman,  DeLong,  Dunne,  Fitch,  Frizell,  Haines,  Ho- 
vey,  Hudson,  Kennedy,  Lockwood.  Mason,  McClinton, 
Proctor,  Sturtevant,  Tagliabue,  Warwick,  and  Weth- 
erill— 21. 

So  the  amendment  proposed  by  Mr.  Kinkead 
was  not  agreed  to. 

During  the  voting — 

Mr.  DeLONG.  I  wish  to  be  excused,  until  I 
see  how  the  cow  counties  go. 

Mr.  HAINES.  I  wish  to  explain  my  vote. 
I  shall  vote  "  no,"  from  the  fact  that,  as  I  have 
stated  here  before,  I  am  opposed  to  bankrupt- 
ing this  new  State  for  the  benefit  of  any  rail- 
road, except  it  may  be  for  such  a  one  as  shall 
first  reach  our  boundaries  in  running  order. 

Mr.  HAWLEY.  I  ask  to  be  excused  from 
voting. 

Mr.  STURTEVANT.  I  will  wait  a  while  be- 
fore I  vote. 

Mr.  DeLONG.  I  hope  not ;  I  want  instruc- 
tions from  these  gentlemen,  as  to  how  I  shall 
vote. 

Mr.  COLLINS.  Inasmuch  as  the  benefit 
from  this  I'oad  would  be  confined  to  a  few  coun- 
ties, I  will  vote  "  no." 

Messrs.  Hawley,  Sturtevant,  and  DeLong, 
then  had  their  names  recorded  as  given  above. 

The  result  of  the  vote  having  been  announced, 
as  above  stated — 

The  PRESIDENT  said  the  question  recurred 
upon  the  amendment  offered  by  the  gentleman 
from  Lyon,  (Mr.  Crosman,)  as  it  had  been 
modified. 

Mr.  HAINES.  I  have  an  amendment  to  offer. 
I  propose  to  amend  the  proviso  by  adding  the 
following  : 

"  And  further  pro^ided,  that  no  portion  of  any  such 
appropriation  shall  be  expended  for  the  construction 
or  equipment  of  a  railroad  outside  of  the  limits  of  this 
State." 

Mr.  DeLONG.  I  have  only  to  say  in  regard 
to  that  amendment,  that  the  Hon.  Leland  Stan- 
ford, President  of  the  Pacific  Railroad  Company, 
has  stated  on  this  floor  that  when  that  Pacific 
Railroad  shall  reach  the  confines  of  this  State, 
they  will  not  want  anything— that  the  appro- 
priations of  the  General  Government  will  then 
be  sufficient  to  enable  them,  with  the  addition 
of  the  proceeds  from  the  earnings  of  the  road, 
to  extend  the  road  as  rapidly  as  it  can  be  built 
through  this  State,  without  any  aid  from  the 
State,  and  they  would  not  want  any  such  aid. 

Mr.  LOCKWOOD.  And  he  stated  still  fur- 
ther, that  he  spurned  the  offer  which  had  been 
made,  if  coupled  with  the  proviso  that  the  aid 
was  to  be  given  to  the  first  road  which  should 
reach  the  State  line.  I  was  very  particular  to 
note  that  carefully,  and  I  wrote  it  down  exactly 


498 


PACIFIC  RAILROAD. 


[14th  day 


Tuesday,]       McClixtox—Hovet— Haines— Fitch Crosman— DeLonu— Earl.        [July  19. 


as  he  stated  it.  I  was  very  particular  about  it, 
and  covered  a  whole  sheet  of  foolscap  with  my 
notes.  The  question  was  asked  if  he  would 
rather  be  let  alone  than  to  have  the  munificent 
otter  stand,  which  had  been  made  to  his  com- 
pany, coupled  with  the  fact  that  it  was  made 
with  that  proviso,  and  he  said  he  would  rather 
the  offer  should  not  be  made  at  all.  Now  I 
hope  that  fact  will  be  kept  before  the  Con- 
vention. 

Mr.  McCLINTON.  I  believe  it  is  generally 
conceded  bv  gentlemen  on  this  floor  that  we 
are  notable  now  to  give  anything  in  aid  of  the 
Central  Pacific  Railroad,  or  any  other  railroad 
whatever.  I  do  not  believe  that  we  shall  be 
able  to  give  anything  before  that  railroad  will 
reach  the  State  line.  With  the  means  it  has  al- 
readv  at  its  command  ;  and  if  the  Central  Pa- 
cific Railroad  does  not  want  us  to  help  it  after- 
wards. 1  shall  be  very  glad  of  it,  because  I  do 
not  want  to  give  it  anything,  any  way,  while  we 
are  in  our  present  financial  condition. 

The  question  was  taken  on  the  amendment 
propo.sed  by  Mr.  Haines,  and  it  was  not  agreed 
to. 

The  question  recurred  on  the  amendment  of- 
fered by  Mr.  Crosman. 

Mr.  riOVEY  asked  that  it  be  read  again,  and 
it  was  read  by  the  Secretary. 

Mr.  HAINES.  I  cannot  possibly  vote  for 
that  proviso.  Why,  sir,  it  seems  to  me  as  if  gen- 
tlemen were  crazy  and  wild,  when  they  cast 
their  votes  for  a  proviso  like  that,  and  if  we  do 
vote  for  it  we  shall  regret  it  a  thousand  times. 
I  venture  to  say  that  if  this  aid  is  granted  it  will 
all  be  consumed  before  the  Pacific  Railroad 
ever  reaches  the  summit,  and  I  know  that  every 
memljer  here  will  regret  that  he  ever  gave  his 
vote  in  favor  of  granting  aid  to  that  road  be- 
fore the  time  of  its  reaching  the  Sierra  Nevada 
Mountains. 

Mr.  FITCH.  If  the  gentleman  from  Lyon 
will  accept  it.  I  would  like  to  have  the  rate  of 
interest  restricted  there,  so  as  not  to  exceed 
seven  i)er  cent,  per  annum.  I  will  move,  if  the 
gentleman  will  accept  it,  to  insert  these  words, 
in  their  proper  place — '•  at  a  rate  of  interest  not 
exceeding  seven  per  cent,  per  annum." 

Mr.  CROSMAN.  I  accept  it.  and  I  wish  to 
say,  while  1  have  the  floor,  that  I  hope  the  mem- 
bers of  the  Convention  will  keep  in  view  the 
fact  tliut  we  arc  not  by  this  proposition  voting 
any  money  to  any  railruad.  We  are  simply  ro- 
serviiig  this  right  to  the  people,  as  one  of  their 
reserved  rights,  and  the  (juestion  is  not  upon 
making  the  api)roi)riati()n  at  all.  After  the 
rejjrescritations  which  we  have  heard  here  on 
th(;  sul)ject,  if  I  were  in  the  Legislature,  and 
the  (piestion  were  to  come  up  now,  I  should 
certainly  vote  against  it.  I  hope  gentlemen 
will  also  keep  in  view  the  fact  that  it  is  provi- 
ded that  the  road  must  reach  within  twenty-four 
milt's  of  the  summit  before  any  aid  can  be 
granted. 

Mr.  HAINES.  Then  the  assistance  granted 
would  not  exceed  one  quarter  of  the  amount 


appropriated,  because  they  would  sell  the  bonds 
for  not  more  than  twenty  cents  on  the  dollar, 
and  it  would  all  be  expended  outside  of  this 
State.  It  seems  to  me  that  gentlemen  are  voting 
in  favor  of  a  wild-cat  financial  scheme,  when 
they  vote  for  this  amendment,  because  it  is  al- 
most impossible  now  to  raise  a  dollar  on  our 
bonds. 

The  question  was  taken  by  yeas  and  nays 
upon  Mr.  Crosman's  amendment,  as  finally  mod- 
ified, and  the  vote  was — yeas,  6  ;  nays,  23 — as 
follows : 

Yeas — Messrs.  Banks,  Crosman,  Fitcli,  Frizell,  Ho- 
vey,  and  Warwick — 6. 

JVays — Jlessrs.  Brady,  Brosnan,  Chapin,  Collins, 
Crawiord,  DeLong,  Dunne,  Earl,  Folsom,  Haines, 
Hawley,  Hudson,  Kennedy,  Kinkead,  Loekwood,  Ma- 
sou,  McCiliuton,  Parker,  Proctor,  Stiirtevant,  Taglia- 
bue,  Wetherill,  and  Mr.  President — 23. 

So  the  amendment  was  not  agreed  to. 

Mr.  DeLONG.  I  believe  the  question  now 
recurs  upon  the  passage  of  the  article,  and  I 
move  that  the  reading  of  the  entire  article  be 
dispensed  with,  and  that  it  be  read  by  title. 

Mr.  McCLINTON.  If  the  article  passes  as  it 
now  is  before  the  Convention,  will  or  will  not 
this  entire  proviso  in  Section  1)  be  left  out  ? 

The  PRESIDENT.  That  proviso  has  here- 
tofore been  stricken  out  by  the  action  of  the 
Convention. 

The  question  was  taken  on  the  motion  by 
Mr.  UeLong.  to  dispense  with  the  reading  of 
the  article  in  full,  and  it  was  agreed  to. 

The  question  was  stated  on  the  final  passage 
of  the  article. 

Mr.  EARL.     Is  an  amendment  in  order  ? 

The  PRESIDENT.   No,  sir  ;  it  is  too  late  now. 

The  question  was  taken  by  yeas  and  nays  on 
the  final  passage  of  the  article,  which,  as  pre- 
viously amended,  read  as  follows  : 

ARTICLE  VIII. 

MUNICIPAL   AND   OTHER   COKPOBATIONS. 

Section  1.  The  Legislature  shall  pass  no  special 
act  in  any  manner  relating  to  corj^orate  jjowers,  excejat 
for  municipal  puri^oses  ;  but  corporations  may  be 
formed  under  general  laws  ;  and  all  such  laws  may, 
from  time  to  time,  be  altered  or  repealed. 

Sec.  2.  All  real  property  and  possessory  rights  to 
the  same,  as  well  as  laersonal  proiserty  in  this  State, 
belonging  to  corporations,  now  existing  or  hereafter 
created,  shall  be  subject  to  taxation  the  same  as  proiJ- 
erty  i>i  individuals;  jii-driilnl,  tliat  tlic  property  of  cor- 
Xioratious  formed  for  municipal,  charitable,  religious, 
or  educational  purposes  may  be  exempted  by  law. 

Sec.  3.  Dues  from  corporations  shall  be  secured  by 
such  means  as  maybe  prescribed  by  law;  iirovided, 
that  corporators  in  corporations  formed  under  the 
laws  of  this  State  shall  not  be  individually  liable  for 
the  debts  or  liabilities  of  such  corporations. 

Sec.  4.  Corporations  created  by  or  under  the  laws 
of  the  Territory  of  Nevada  shall  be  subject  to  the  pro- 
visions of  such  laws  until  the  Legislature  shall  pass 
laws  regulating  the  same,  in  pursuance  of  the  i)rovi- 
sions  of  this  Constitution. 

Sec.  5.  Corporations  may  sue  and  be  sued  in  all 
Courts,  in  like  cases  as  individuals. 

Sec.  G.  No  bank  notes  or  paper  of  any  kind  shall 
over  bo  permitted  to  circulate  as  money  in  this  State, 
except  the  Federal  currency  and  the  notes  of  banks 
authorized  under  the  laws  of  Congress. 

Sec.  7.  No  right  of  way  shall  be  appropriated  to  the 
use  of  any  corijoration,  until  full  compensation  be  first 
made  or  secured  therefor. 


14th  day.] 


FINANCE. 


499 


Tuesday,] 


DeLong — Sturtevant. 


[July  19. 


Sec.  8.  The  Legislature  shall  provide  for  the  organi- 
zation of  cities  and  towns  by  general  laws,  and  restrict 
their  i^ower  of  taxation,  assessment,  borrowing  money, 
contracting  debts,  and  loaning  their  credit,  except  for 
procuring  supplies  of  water. 

Sec.  9.  The  State  shall  not  donate  or  loan  money  or 
its  credit,  subscribe  to  or  be  interested  in  the  stock  of 
any  company,  association,  or  cori^oration,  exceiDt  cor- 
porations formed  for  educational  or  charitable  pur- 
poses. 

Sec.  10.  No  county,  city,  town,  or  other  municipal 
corporation  shall  become  a  stockholder  in  any  joint 
stock  company,  corporation,  or  association  whatever, 
or  loan  its  credit  in  aid  of  any  such  company,  corpora- 
tion, or  association,  except  railroad  corisorations,  com- 
panies, or  associations. 

The  result  of  the  vote  was — yeas,  26  ;  nays, 
2 — as  follows  : 

Yeas — Messrs.  Banks,  Brady,  Brosnan,  Chapin,  Col- 
lins. Cra\vford.  Crosmau,  DeLong,  Dunne,  Fitch,  Fri- 
zeU.  Folsom,  Haines,  Hawley,  Hovey,  Hudson,  Ken- 
nedy, Lockwood,  Mason,  JlcClinton,  Parker,  Proctor, 
Sturtevant,  TagUabue,WetheriU,  and  Mr.  President — 26. 

Nays — Messrs.  Earl  and  Warwick — 2. 

So  the  article  was  passed. 

FINANCE   AND   STATE   DEBT. 

Mr.  DeLONG.  It  will  be  necessary  now, 
having  stricken  out  this  railroad  appropriation 
from  Article  VIII,  to  amend  Article  IX.  In 
Section  3  of  that  article  occurs  this  language  : 

"  Provided,  that  the  further  amount  of  indebtedness 
authorized  by  Article  VIII,  of  this  Constitution,  shall 
be  deemed  legal  and  valid  whenever  said  debt  shall  be 
incurred  in  accordance  with  the  provisions  therein  ex- 
pressed ;  and  said  debts  shall  be  separate  and  inde- 
pendent of  the  State  debt  herein  provided  for." 

I  move  to  recommit  Section  3  of  Article  IX, 
to  the  Committee  of  the  Whole,  with  instruc- 
tions to  strike  out  the  entire  proviso  which  I 
have  read. 

The  PRESIDENT.  Before  the  motion  can  be 
entertained,  it  will  first  be  necessary  to  get  the 
article  before  the  Convention. 

Mr.  DeLONG.  I  move,  then,  to  take  it  from 
the  table. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Mr.  DeLONG.  Now  I .  move  to  recommit 
Section  3  to  the  Committee  of  the  Whole,  with 
instructions  to  strike  out  all  that  portion  which 
I  have  read. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

IN   COMMITTEE    OP   THE    WHOLE. 

On  motion  of  Mr.  DeLONG,  the  Convention 
resolved  itself  into  Committee  of  the  Whole, 
(the  President  remaining  in  the  chair,)  for  the 
consideration  of  Section  3,  of  Article  IX.  which 
had  been  referred  to  the  committee,  with  spe- 
cial instructions. 

Mr.  DeLONG.  I  now  move  that  the  Com- 
mittee of  the  Whole  rise  and  report  the  section 
back  to  the  Convention,  and  further  report  that 
we  have  stricken  out  the  proviso  legalizing  the 
aid  to  the  Pacific  Railroad,  in  accordance  with 
the  special  instructions  of  the  Convention. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 


IN    CONVENTION. 

The  committee  accordingly  rose,  and  the 
Secretary  reported  that  the  Committee  of  the 
Whole  had.  in  accordance  with  the  instructions 
of  the  Convention,  amended  Section  3,  of  Arti- 
cle IX,  by  striking  out  the  proviso  therein 
contained. 

The  amendment  reported  by  the  Committee 
of  the  AVhole,  was  agreed  to. 

The  question  being  on  the  third  reading  and 
final  passage  of  Article  IX,  as  amended,  it  waa 
read  by  the  Secretary,  as  follows  : 

ABTICLE  IX. 

FINANCE   AND   STATE  DEBT. 

Section  1.  The  fiscal  year  shall  commence  Jan- 
uary 1st. 

Sec  2.  The  Legislature  shall  provide  for  an  annual 
tax  sufficient  to  defray  the  estimated  expenses  of  the 
State  for  each  fiscal  year  ;  and  whenever  the  expenses 
of  any  year  shall  exceed  the  income,  the  Legislature 
shall  provide  for  levying  a  tax  sufficient  with  other 
sources  of  income  to  pay  the  deficiency,  as  well  as  the 
estimated  expenses  of  such  ensuing  year  or  two  years. 

Sec.  3.  For  the  purpose  of  enabUng  the  State  to 
transact  its  business  upon  a  cash  basis,  from  its  organ- 
ization, the  Stute  may  contract  pubhc  debts  ;  but  such 
debts  shall  never  in  the  aggregate,  exclusive  of  inter- 
est, exceed  the  sum  of  three  hundred  thousand  dol- 
lars, except  for  the  purpose  of  defraying  expenses,  as 
hereinafter  mentioned.  Every  such  debt  shall  be  au- 
thorized by  law  for  some  purpose  or  purposes,  to  be 
distinctly  specified  therein,  and  every  such  law  shall 
provide  for  levying  an  annual  tax  sufficient  to  pay  the 
interest  semi-annually,  and  the  principal  within  twenty 
years  from  the  passage  of  such  law,  and  shall  specially 
appropriate  the  proceeds  of  said  taxes  to  the  payment 
of  said  principal  and  interest  :  and  such  appropriation 
shall  not  be  repealed,  nor  the  taxes  be  postponed  or 
diminished  untU  the  principal  and  interst  of  said  debts 
shall  have  been  wholly  paid.  Every  contract  of  indebt- 
edness entered  into  or  assumed  by  or  on  behalf  of  the 
State,  when  all  its  debts  and  liabilities  amount  to  said 
sum  before  mentioned,  shall  be  void  and  of  no  eflect, 
exceiJt  in  cases  of  money  borrowed  to  repel  invasion, 
suppress  insurrection,  defend  the  State  in  time  of  war, 
or  if  hostilities  be  threatened,  provide  for  the  public 
defense. 

Sec  4.  The  State  shall  never  assume  the  debts  of 
any  county,  town,  city,  or  other  corporation  whatever, 
unless  such  debts  have  been  created  to  repel  invasion, 
suppress  insurrection,  or  to  provide  for  the  jDubhc  de- 
fense. 

The  question  was  taken  by  yeas  and  nays  on 
the  final  passage  of  the  article,  and  the  vote 
was — yeas,  26  ;  nays,  none — as  follows  : 

Yeas — Messrs.  Banks,  Brosnan,  Brady,  Chapin,  Col- 
lins, Crawford,  Crosman,  DeLong,  Dunne,  Earl,  Fitch, 
Frizell,  Folsom,  Haines,  Hawley,  Hovey,  Hudson, 
Kennedy,  Lockwood,  Mason,  McCUnton,  Proctor,  Stur- 
tevant, Taghabue,  WetheriU,  and  Mr.  President — 26. 

Nays — None. 

So  the  article  was  passed. 

T.iXATION. 

The  Convention  resumed  the  consideration 
of  Article  X,  entitled  Taxation,  the  question 
being  on  the  final  passage  of  the  article. 

Mr.  STURTEVANT.  I  move  that  the  Con- 
vention adjourn. 

The  question  was  taken,  and  the  motion  waa 
not  agreed  to. 

Mr.  STURTEVANT.    I  made  the  motion  to 


500 


TAXATION. 


[14th  day. 


Tuesday,]        DeLoxg— Sturtevaxt— Eakl— Hawlet— Haixes— Hovey— Frizell.       [July  19. 


adjourn,  hoping  that  the  Convention  would 
consent  to  adjourn  until  to-morrow,  so  as  to 
ffive  u^  a  little  time  on  this  matter.  I  wish  to 
enter  my  inotest.  althouoh  I  do  not  know  as 
that  will"  help  the  matter  any.  I  wish  to  pro- 
test airainst  the  adoption  of  this  article.  I  will 
endea^Nor  to  give  the  Convention  some  of  my 
reasons.      One   of  my  material   objections  is 

this—  ,         ,,    1  ,    ,     • 

Mr.  DeLONG.  I  submit  that  all  debate  is 
out  of  order,  unless  bv  leave  of  the  Convention. 

Mr.  .STUUTEVANT.  What  is  the  objection? 
You  have  got  this  thing  all  safe. 

:Mr.  DeLONG.  It  is  not  that;  but  the  time 
fixed  for  the  adjourmnent  is  nearly  up.  [Ques- 
tion!  Question!]  .     . 

Mr.  STURTEVANT.  One  of  my  prnicipal 
objections  to  the  adoption  of  this  article  is,  that 
during  the  last  session  of  the  Legislature  there 
was  a  certain  agreement  entered  into  by  you 
mining  representatives,  and  that  agreement  was 
supposed  to  be  sacred.  There  was  an  agree- 
ment entered  into  by  the  representatives  of  all 
of  you.  which  vou  are  responsible  for,  and  we 
are  not.  ["  Oh'!  Oh  !  "]  Some  of  these  agree- 
ments were  patriotic,  and  among  them  was  one 
to  set  aside  to  the  volunteers  already  raised, 
and  to  be  raised,  for  the  service  of  the  United 
States,  to  aid  in  suppressing  the  rebellion,  a 
certain  amount  of  money. 

Mr.  DUNNE.    Time !  I  believe  the  time  is  up. 

Mr.  EARL.    I  move  to  extend  the  time. 

Mr.  DeLONG.  I  move  to  extend  it  ten 
minutes. 

Tlie  question  was  taken  on  Mr.  DeLong's  mo- 
tion, and  the  nu)tion  was  agreed  to. 

Mr.  .STURTEVANT.  Now  if  gentlemen  will 
not  make  more  noise  than  a  pack  of  hounds 
after  a  wolf,  I  will  try  to  finish  my  remarks. 
Gentlemen  know  what  this  provision  is  to  which 
I  have  referred,  although  some  may  not  have 
heard  me  state  it  on  account  of  the  noise. 
There  was  an  agreement,  as  I  stated  before,  en- 
tered into  with  a  distinct  understanding,  and  I 
call  the  attention  of  the  Convention  to  that 
matter.  The  revenue  bill,  which  was  passed  at 
the  same  time,  provided  the  means  of  carrying 
out  this  agreement ;  and  I  call  attention  to 
another  thing,  and  that  is,  that  this  bill  making 
the  appropriation  for  vohinteers  would  not  have 
been  passed  had  not  you,  through  your  repre- 
sentatives from  the  mining  counties,  agreed 
with  us  that  the  mines  should  be  taxed  to  raise 
the  money.  IJut  now  in  your  wisdom  you  have 
seen  fit  to  back  down,  and  in  so  many  words  to 
repudiate  your  own  action,  tluMvby  throwing 
the  responsibility  and  the  burden  of  this  tax, 
all  of  it  that  has  been  incurred,  upon  tlie  sur- 
face property  of  the  Territory.  That  will  be 
one  of  my  main  objections,  which  1  wish  to  em- 
brace in  my  protest. 

Mr.  ILWVLIOY.     I  move  a  call  of  the  House. 
The  (luestion  was  taken,  and  the  motion  was 
not  agrec^d  to. 

Mr.  IL\INE.S.  I  would  ask  if  the  Convention 
cannot  be  induced  to  insert  the  word  "gross" 


in  this  article,  before  the  word  "  proceeds  ?  "  It 
is  all  so  very  vague  now  that  it  ought  not  to  be 
satisfactory  to  either  side  of  the  House.  I  think 
that  gentlemen  representing  the  mining  interest 
ought  to  exteiul  that  courtesy,  at  least,  to  us 
who  feel  deeply  wounded  in  regard  to  this  mat- 
ter. Money  will  be  used  in  the  Legislature, 
and  we  all  know  for  a  certainty  that  it  would  be 
possible  to  convince  the  Legislature  that  only 
the  net  proceeds  are  intended  here.  We  all 
know  what  a  corrupt  body  a  Legislature  may 
Ije  made  liy  the  use  of  money,  and  a  sufficient 
amount  of  money  used  for  the  purpose  may  suf- 
fice to  make  them  believe  that  the  article  means 
net  proceeds,  or  gross  proceeds,  or  whatever 
proceeds  men  may  choose  to  construe  it  to 
mean.  And  in  my  opinion  there  is  not  a  pos- 
silnlity,  under  that  provision,  of  getting  a  dol- 
lar of  revenue  from  that  source.  I  presume 
that  nobody  will  deny  that  if  money  enough  is 
used,  the  Legislature  can  be  made  to  say  that 
the  provision  means  "  net  proceeds,"  and  the 
consequence  will  be  that  we  shall  never  in  the 
world  get  any  revenue  from  the  mines. 

Mr.  HOVEY.  1  desire  to  ask  the  gentleman 
a  question. 

The  PRESIDENT.  The  Chair  will  suggest 
that  if  gentlemen  want  to  get  a  vote  they  had 
better  not  ask  any  questions. 

Mr.  STURTEVANT.  I  move  that  Article  X 
be  recommitted,  with  instructions  to  insert  the 
word  "  gross  "  before  the  word  "  proceeds." 

Mr.  FRIZELL.  I  second  the  motion  ;  and, 
Mr.  President,  as  I  am  a  representative  of  a 
mining  county,  I  want  to  say  that  I  do  honestly 
wish  that  our  action  on  this  subject  may  be  re- 
considered. I  have  talked  with  my  brother 
delegates  from  the  agricultural  counties  on 
the  subject,  and  I  say  we  wish  and  intend 
that  the  gross  proceeds  of  the  mines  shall  be 
taxed.  I  am  informed  by  pretty  nearly  all  of 
the  members  from  the  agricultural  counties, 
that  if  we  do  that  they  will  be  satisfied  with  our 
action,  and  that  is  all  we  can  do.  Represent- 
ing in  part  the  mining  constituency  of  Storey 
County,  I  say  to  those  members  from  the  agri- 
cultural counties  that  all  we  can  do  is  to  tax 
the  gross  proceeds  of  the  mines.  I  do  not 
know  that  I  can  speak  for  others,  but  I  will  say 
for  myself,  that  so  far  as  your  interests  are  con- 
cerned, gentlemen  of  the  agricultural  counties, 
they  are  our  interests.  Our  interests  are  re- 
ciprocal, and  so  far  as  I  am  concerned,  and  I 
think  I  may  speak  also  for  the  remainder  of  our 
delegates,  we  do  not  wish  to  deceive  you  on 
this  subject ;  and  I  say  if  you  are  willing  to 
vote  for  that  proposition,  making  it  gross  pro- 
ceeds, I  am  willing  to  have  it  done  ;  and  if  the 
people  are  not  willing  to  adopt  it  when  it  is 
amended  in  that  respect,  then  let  them  vote  it 
down.     I  am  willing  to  concede  that  point. 

Mr.  HAINES.  I  certainly  do  ask  it  as  a 
favor,  so  far  as  I  am  concerned.  I  do  not  want 
to  go  home  to  my  constituents  and  tell  them 
that  we  can  expect  no  assistance  in  sustaining 
the  State  Government  from  the  vast  and  enor- 


15th  day.] 


TAXATION— SALARIES. 


501 


Wednesday,] 


DeLoxg — Ha  WLET— Fitch — Dunne — Tagltabue— Haines, 


[July  20. 


mous  amount  of  wealth  which  exists  in  the 
mining  counties  of  our  State.  As  it  now  stands, 
that  certainly  is  the  case,  because  the  Legisla- 
ture will  undoubtedly  decide  that  the  article 
means  "  net  proceeds."  I  have  seen  those  cor- 
rupt bodies  where  money  was  used,  and  I  know 
that  a  sufficient  amount  of  money  will  always 
secure  a  certain  result.  I  hope  the  Convention 
will  concede  that  point.  Give  us  that,  and  we 
ask  no  more. 

Mr.  DeLONG.  It  is  now  pretty  near  the  time 
to  adjourn,  and  as  this  is  a  very  important 
question,  and  some  members  desire  to  have  a 
little  time  to  reflect  upon  it,  I  will  move  that 
we  adjourn  until  to-morrow  morning,  and  then 
let  this  matter  come  up  as  unfinished  business. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Accordingly,  at  twenty  minutes  before  six 
o'clock,  P.  M.,  the  Convention  adjourned. 


FIFTEENTH  DAY. 

Carson,  July  20,  1864. 

The  Convention  met  at  nine  o'clock,  A.  M. 

On  motion  of  Mr.  HAWLEY.  the  President 
being  temporarily  absent,  Mr.  BANKS  was  re- 
quested to  act  as  President,  and  took  the  Chair. 

The  roll  was  called  and  all  the  members  re- 
sponded except  the  following  :  Messrs.  Ball,  Col- 
lins, DeLong,  Hudson,  Jones.  Kennedy.  Morse, 
Nourse.  Parker,  Proctor,  Wellington,  Williams, 
and  Mr.  President.    Present,  26;  absent,  13. 

Subsequently  Mr.  Collins  came  in,  and  at  his 
own  request  was  recorded  as  present. 

Prayer  was  offered  by  the  Rev.  Mr.  RILEY. 

The  journal  of  yesterday  was  read,  corrected, 
and  approved. 

On  motion  of  Mr.  CRAWFORD,  indefinite 
leave  of  absence  was  granted  to  Mr.  Kinkead. 


Mr.  FITCH.  I  move  that  the  Convention 
now  go  into  Committee  of  the  Whole  for  the 
consideration  of  Article  XI.  entitled  Salaries. 

Mr.  DUNNE.  Would  not  that  require  a  sus- 
pension of  the  rules,  inasmuch  as  we  have  other 
business  pending  ? 

Mr.  FITCH.  We  have  no  business  I  believe 
until  eleven  o'clock — the  time  for  the  special 
order. 

The  PRESIDENT  pro  tern.  The  next  order 
of  business  is  the  general  file. 

Mr.  FITCH.  I  find  I  am  mistaken  as  to  the 
special  order,  and  yet  I  know  that  th«re  is  an 
impression  among  the  members  of  the  Conven- 
tion that  the  mining  tax  amendment  was  made 
the  special  order  for  to-day  at  eleven  o'clock. 
However,  I  do  not  wish  to  press  my  motion  at 
all.  I  would  like  to  have  Article  XI  considered 
as  soon  as  possible,  as  I  wish  to  get  some  amend- 
ments before  the  Convention,  and  therefore  I 
have  made  this  motion,  under  the  head  of  mo- 
tions and  resolutions,  to  go  into  Committee  of 
the  Whole  upon  that  article,  and  I  will  leave  it 
to  the  Convention. 


The  question  was  stated  on  the  motion  of 
Mr.  Fitch. 

Mr.  TAGLIABUE.  Does  not  that  involve  a 
suspension  of  the  rules,  requiring  a  two-thirds 
vote  ? 

The  PRESIDENT  pro  tern.  The  Chair  is  of 
opinion  that  it  does,  because  it  involves  the  or- 
der of  business. 

Mr.  FITCH.  Then  I  will  move  a  suspension 
of  the  rules  for  that  purpose  :  but  if  the  Con- 
vention do  not  wish  to  consider  the  article  now, 
I  shall  not  care  to  press  the  motion. 

The  question  was  taken,  and  upon  a  division 
the  vote  was — ayes,  13  ;  noes,  10 — so  the  rules 
were  not  suspended,  less  than  two-thirds  of  the 
Convention  having  voted  affirmatively. 


The  Convention  took  up,  as  the  unfinished 
business  on  the  general  file.  Article  X,  entitled 
Taxation. 

Mr.  HAINES.  I  was  under  the  impression 
that  that  article  had  been  made  a  special  order 
for  11  o'clock.  I  think  the  gentleman  from 
Ormsby,  (Mr.  Johnson,)  our  President,  made 
such  a  motion  yesterday. 

Mr.  FITCH.  I  suggest  that  the  article  had 
better  be  postponed  until  eleven  o'clock.  I 
know  that  several  members  who  are  now  ab- 
sent would  like  to  be  here  when  it  is  considered, 
and  they  are  under  the  impression  that  it  has 
been  made  a  special  order.  I  move  that  it  be 
postponed  until  eleven  o'clock. 

The  question  was  taken,  and  upon  a  division 
the  motion  was  agreed  to — ayes,  IG  ;  noes,  7. 


Mr.  DUNNE.  I  move  now  that  the  Conven- 
tion go  into  Committee  of  the  Whole,  the  Presi- 
dent remaining  in  the  Chair,  for  the  purpose  of 
considering  Article  XI,  entitled  Salaries. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

IN    COMMITTEE    OF   THE    WHOLE. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (the  President 
pro  tem.  remaining  in  the  Chair,)  and  took  up 
Article  XI,  entitled  Salaries, 

The  SECRETARY  read  the  article,  as  fol- 
lows : 

ARTICLE  XI. 


Section  1.  The  Governor  shall  receive  an  annual 
salary  of  six  thousand  dollars.  The  Secretary  of  State 
shall  receive  an  annual  salary  of  four  thousand  dollars. 
The  State  Controller  shall  receive  an  annual  salary  of 
four  thousand  doUars.  The  State  Treasurer  shall  re- 
ceive an  annual  salary  of  four  thousand  d(5llars.  The 
Attorney  General  shall  receive  an  aiuiual  salary  of 
eighteen  hundred  dollars.  The  Superintendent  of  Pub- 
lic Instruction  shall  receive  an  annual  salary  of  two 
thousand  dollars.  Such  salaries  shall  be  paid  quar- 
terly. Said  officers  shall  receive  no  fees  or  perquisites 
to  their  own  use  for  the  performance  of  any  duties 
connected  with  their  offices. 

Mr.  FITCH.  I  offer  a  substitute  for  that 
article. 


502 


SALARIES. 


[ISth  day. 


Wednesday,] 


Fitch— Johnson. 


[July  20. 


The  SECRETARY  read  the  substitute  pro- 
posed by  Mr.  Fitch,  as  follows  : 

ARTICLE  XI. 

SALAEIES  AND  APPEOPBIATIONS. 


Sf.ction  1.  For  the  first  - 


■  years  succeeding  the 


formation  of  a  State  Government,  the   salary  of  the 

Govi-rnur  shall  not  exceed dollars  per  annum  ;  the 

salary  of  the  Secretary  of  State  shall  not  exceed  - 
dollars  per  annum  :  the  salary  of  the  State  Controller 

shall  not  exceed dollars  per  annum  ;  the  salary  of 

the  State  Treasurer  shall  not  exceed dollars  per 

annum  ;  the  salary  of  the  Surveyor  General  shall  not 

exceed dollars  per  annum  ;  the  salary  of  the  At 

torue  V  General  shall  not  exceed dollars  per  annum 

the  salary  of  the  Superintendent  of  Pubhc  Instruction 

shall  not"exceed dollars  per  annum;  the  salary  of 

each  JudKc  of  the  Sui)i'eme  Court  shall  not  exceed 

dollars  per  annum  ;  Uic  pay  of  Statr  Senators  and  mem- 
bers of  the  Assu-mbly  shall  not  exceed  the  sum  of  - 

dollars  for  each  day  of  actual  service,  and per  mile 

for  mileage. 

Skc.  2.  For  the  first years  succeeding  the  for- 
mation of  a  Slate  Government,  the  Legislature  shall 

not  appropriate  more  than  the  sum  of dollars  per 

annum  for  the  support  of  the  State  Prison,  nor  more 
than doUars  per  annum  for  the  support  of  Com- 
mon Schools,  nor  more  than dollars  per  annum 

for  Public   Printing,  nor  more  than dollars  per 

annum  for  the  payment  of  the  interest  on  the  public 

debt,  nor  more  than dollars  per  annum  for  the 

contingent  expenses  of  all  the  dep.artments  of  Govern- 
ment. The  whole  ammmt  appropriated  by  the  Legis- 
lature forthe  sui)port  nf  the  State  Government  for  the 
first years  succeeding  the  formation  of  said  gov- 
ernment shall  not  exceed  the  sum  of doUars  per 

annum. 

Sec.  3.    For  the  first  years  succeeding  the 

formation  of  a  State  Government  the  Legislature  shall 
make  no  approi)riation  for  the  erection  of  publir  liuild- 
ings,  and  the  annual  tax  levied  by  the  Legislature  for 
the  support  of  a  State  Government  shall  not  for  the 

first years  succeeding  the  formation  of  a  State 

Government,  exceed  the  sum   of upon  each 

one  hundred  dollars  of  taxable  property  at  the  assessed 
valuation  of  the  same. 

Mr.  FITCH.  I  have  offered  this  substitute 
inoie  with  the  view  of  calling  out  the  opinions 
of  nifiiibers  upon  the  advisability  of  the  course 
there  snggested.  than  with  any  expectation  that, 
wilhout  considerable  amendment,  the  proposi- 
tion will  ])a.>s.  As  a  general  ])rinciple  I  am 
oj)po.-L-d  to  re>^trictiiig  the  State  Legislature  in 
an  organic  law.  in  the  manner  jiroposed  in  this 
article,  for  I  do  not  consider  it  altogether  good 
]io!ic}'  to  tie  up  a  legislativi;  Ixxly  to  that  ex- 
tent. IJut  we  cannot  be  oblivious  to  the  fact 
tiiat  there  is  the  nucleus  of  ii  very  strong  oppo- 
sition to  the  t^)nstitiiti(jn  now  existing,  that  it 
is  active  and  cneigetic,  and  tliat  a  very  great 
ctfort  is  lilvely  to  be  made  to  defeat  the  accept- 
ance of  the  Constitution,  to  defeat  the  adop- 
tion by  the  jieople  of  a  State  Government,  on 
the  ground  of  its  cost.  The  parties  about  to 
opjiose  llie  ratification  of  the  Constitution  say 
that  tlie  Territory  is  in  no  condition  to  afford 
the  exj)ense :  that  a  State  (loverniueiil  will 
cost  a  large  sum  of  money  ;  that  to  adopt 
it  will  necessitate  the  levying  of  a  large  amount 
of  taxes ;  and  that  the  people  are  too  poor, 
ill  the  ])resent  condition  of  our  affairs,  to 
iindeigo  the  expenses  which  will  be  involved. 
Now  when  the  last  Constitution  was  submitted 
to  the   jjcople  the  same  arguments  were  used. 


The  salaries  were  limited  in  that  instrument, 
but  those  who  opposed  it  said  with  great  force 
that  the  salaries  of  the  State  officers  constituted 
but  a  mere  drop  in  the  bucket,  and  the  great 
items  of  expense  in  a  State  organization  would 
be  the  appropriations.  Now  I  desire  that  this 
Convention  shall,  if  practicable,  remove  that 
ground  of  opposition,  by  tying  up  the  Legisla- 
ture for  a  period  of  years  in  respect  to  appro- 
priations— that  is,  to  prohibit  them  from  ex- 
ceeding a  certain  amount  of  expenditure  for 
the  first  few  years  after  the  adoption  of  a 
State  form  of  government.  If  we  can  do  that, 
and  especially  if  we  can  adopt  this  last  clause 
relative  to  the  rate  of  taxation,  (and  that  is 
a  mere  experimental  clause,  I  admit,  and  I 
have  some  doubt  respecting  its  practicability,) 
we  shall  have  done  much  to  strengthen  the 
Constitution  before  the  people  by  removing 
the  most  important  ground  of  opposition.  I 
have  conversed  with  a  number  of  my  fellow- 
citizens  in  Storey  County,  some  pf  whom  are 
most  active  in  the  opposition— whose  names 
are  now  mentioned  most  prominently  in  the 
opposition  to  a  State  Government — and  they 
have  informed  me  that  if  the  Convention  can 
and  will  so  tie  up  the  Legislature,  for  the 
first  two  or  three  years,  that  it  will  be  impossi- 
ble for  them  to  spend  more  than  a  reasonable 
sum  for  a  State  Government,  they  are  ready 
and  willing  to  withdraw  their  opposition.  I 
have  offered  this  substitute,  with  blanks  unfilled, 
merely  for  the  purpose  of  getting  at  the  views 
of  members  of  the  Convention  on  the  subject. 

Mr.  JOHNSON.  I  think  the  gentleman's 
proposition  is  deficient  in  one  respect.  He 
should  have  had  an  additional  section  there,  and 
I  am  surprised  that  he  did  not  incorporate  it, 
providing  that  alter  the  first  blank  years  the 
Legislature  shall  not  convene  at  all.  Then  his 
system  would  have  been  complete.  Now,  sir, 
on  this  floor,  and  more  outside  of  this  Conven- 
tion, I  have  heard  objections  urged  to  the  old 
C(Uistitution  on  the  groiuid  that  it  contained  so 
much  legislation  that  it  left  nothing  for  the 
Legislature  to  do.  I  think  that  even  without 
the  additional  section,  which  I  have  suggested 
to  carry  out  the  principle  embodied  in  the  gen- 
tleman's proposition,  there  would  be  more  cause 
for  complaint  against  this  Constitution,  if  this 
substitute  should  be  ado])ted.  on  the  ground  of 
its  I'estriction  of  the  legishiti\'e  power — of  the 
power  of  the  jieople  through  their  Legislature — 
than  could  l)e  found  in  any  single  article  or  pro- 
vision embodied  in  the  old  Constitution.  And, 
sir,  of  all  propositions  which  have  emanated 
from  any  gentleman  on  this  floor,  of  an  extra- 
ordinary cliaracler.  I  think  the  one  offered  now 
by  tli(!  genllemaii  from  Storey,  contains  the 
most  extraordinary  features. 

In  th(!  first  place,  I  am  willing  to  go  further, 
probably,  than  some  gentlemeii  on  this  floor, 
judging  by  the  expressions  of  opiinon  which  I 
have  heard  on  the  subject,  in  the  establishnu'nt 
of  salaries.  I  would  be  willing,  so  far  as  salaries 
are  concerned,  to  fix  them,  for  a  period  of  time, 


15th  day.] 


SALARIES. 


503 


Wednesday,] 


Johnson. 


[July  20. 


beyond  the  power  of  the  Legislature  to  change 
them.  Beyond  that  I  am  not  willing  to  go,  and 
beyond  that,  perhaps,  the  majoi'ity  of  this  Con- 
vention is  not  willing  to  go.  When  we  have 
done  that,  I  conceive  that  we  shall  have  done 
all  that  is  legitimately  and  properly  within  the 
scoi)e  of  our  powers. 

Now  I  desire  for  a  moment  to  refer  to  some 
of  the  peculiar  features  of  this  amendment. 
Passing  over  the  question  of  the  salaries  of  the 
various  officers — for  they  are  all  left  blank,  and 
I  do  not  find  any  especial  objection  to  that  part 
of  the  gentleman's  proposition — we  come  next 
to  this  clause : 

"  For  the  first years  succeeding  the  formation 

of  a  State  Government,  the  Legislature  shall  not  ap- 
propriate more  than  the  sum  of dollars  per  annum 

for  the  suiJiJort  of  the  btate  Prison." 

How  does  the  gentleman  know,  or  how  can 
he  conceive,  what  the  expenses  of  the  State 
Prison  will  be  ?  Can  the  embodied  wisdom  of 
the  Legislature  approximate  to  what  the  neces- 
sary expenses  of  that  institution  will  be  ?  There 
may  be  other  gentlemen  here  who  are  better 
acquainted  with  this  question  than  I  am.  but 
who  can  foretell  what  may  in  the  future  be  the 
action  of  our  Courts,  or  how  many  or  how  few 
criminals  will  be  sentenced  to  the  State  Prison, 
for  whom  accommodations  are  to  be  provided  ? 
No  one  can  predict  what  will  be  the  number  of 
convicts  at  any  future  period,  although  we 
know  the  number  already  there,  and  it  is  im- 
possible for  any  one  to  more  than  conjecture 
what  will  be  the  amount  of  the  future  expenses 
of  that  institution. 
Next,  the  proposed  amendment  says  : 
"Nor  more  than dollars  per  annum  for  the  sup- 
port of  common  schools." 

Well,  I  would  commend  that  part  of  it  to  the 
careful  attention  of  the  gentleman  from  Storey, 
(Mr.  Collins.)  who  is  the  Chairman  of  the  Com- 
mittee on  Education.  Probably  he  may  have 
considered  this  matter  already,  for  I  know  that 
no  member  of  the  Convention  has  given  more 
earnest  thought  and  considerate  attention  to 
the  common  school  system,  either  as  to  its  pres- 
ent or  its  prospective  condition,  than  he  has. 
If  he  cannot  form  an  estimate  as  to  the  amount 
which  the  public  schools  will  call  for  from  the 
State  Treasury.  I  cannot,  and  I  do  not  believe 
the  members  of  this  Convention  can. 

"Nor  more  than dollars  per  annum  for  the  pub- 
lic printing." 

Well,  the  gentleman  from  Storey,  (Mr.  Fitch,) 
as  he  has  been  connected  with  that  art,  may 
possibly  be  able  to  conjecture  what  amount 
would  be  proper  to  allow  for  the  printing,  and 
possiljly  any  of  us  might  be  able  to  approxi- 
mate to  an  estimate  on  the  subject  of  the  pub- 
lic printing. 

"  Nor  more  than dollars  per  annum  for  the  pay- 
ment of  the  interest  on  the  public  debt. ' ' 

On  that  subject  there  is  a  variety  of  opinions, 
but  possibly  we  might  approximate  very  nearly 
to  the  amount  which  will  be  required  each  year 
for  the  payment  of  the  interest  on  the  public 


debt.  But  upon  all  these  matters,  those  em- 
braced in  the  last  clause,  and  in  the  preceding 
and  succeeding  clauses,  I  apprehend  that  no 
gentleman  on  the  floor  of  this  Convention  will 
assume  any  other  position  than  this,  that  what- 
ever is  absolutely  necessary  should  l)e  appro- 
priated and  no  more.  Whatever  amount  may 
be  necessary,  in  each  case,  let  the;  Legislature 
appropriate.  But  who  are  to  be  the  judges  ? 
Are  we,  in  advance,  to  fix  the  appropriations 
for  two  or  three  years?  I  say  not.  Let 
the  Legislature  ascertain  what  is  necessary, 
and  then  appropriate  it.  It  is  incumbent  upon 
us  to  make  provision  here  investing  the  Legis- 
lature with  the  power,  and  devolving  upon 
it  the  duty,  of  making  the  necessary  appro- 
priations, at  the  proper  time ;  for  all  these 
expenses  have  to  be  borne,  be  they  five  thou- 
sand, ten  thousand,  twenty  thousand,  fifty 
thousand,  or  even  a  million  of  dollars  a  year. 
Whatever  they  are,  more  or  less,  they  have 
to  be  borne,  and  paid  by  the  people  of  the 
State.  The  same  remark  applies  to  all  these 
specifications.  We  know  what  the  bonded  debt 
of  the  Territory  is  at  the  present  time,  but  we 
cannot  kuow  what  will  be  the  condition  of  our 
indebtedness  when  the  State  Government  shall 
take  the  place  of  the  Territorial  Government, 
although  we  may  approximate  to  an  estimate. 
But  with  reference  to  some  of  these  other  items 
specified  here,  we  cannot  even  apjn'oximate  to 
an  estimate. 

"Nor  more  than dollars  per  annum  for  the  con- 
tingent expenses  of  aU  the  departments  of  Govern- 
ment." 

Where  is  the  man  who  can  speak  from  knowl- 
edge and  experience  in  these  matters,  and 
come  sufficiently  near  to  making  an  estimate 
of  these  contingent  expenses,  to  warrant  us 
in  fixing  the  amount  in  the  Constitution  ?  We 
can  approximate  to  an  estimate  sufficiently 
near  to  judge  of  what  will  be  the  probable 
aggregate  amount  of  the  expenses,  generally 
speaking,  of  the  Government ;  but  even  upon 
that,  judging  from  the  different  opinions  which 
I  have  heard  on  this  floor  and  elsewhere,  I 
am  of  opinion  that  our  conclusions  would  be 
exceedingly  variant.  I  have  heretofore  indi- 
cated what  my  judgment  is  on  that  point, 
and  generally  the  proposition  at  that  time 
seemed  to  meet  with  no  denial,  although  I 
subsequently  heard  gentlemen  name  figures 
far  below  any  estimates  which  I  could  make, 
upon  the  most  economical  and  judicious  system 
we  can  possibly  devise. 

Next,  we  have  this  : 

"  The  whole  amount  appropriated  by  the  Legislature 
for  the  support  of  the  State  Government,  for  the  first 
years  succeeding  the  formation  of  the  State  Gov- 
ernment, shall  not  exceed  the  sum  of dollars  per 

annum." 

Now,  sir,  this  is.  of  all  the  propositions  I 
have  heard  suggested  in  this  Convention— the 
gentleman  fromStorey  will  pardon  the  term  I 
must  use  in  connection  with  it— of  all  the  prop- 
ositions which  have  emanated  from  any  mem- 
ber or  members  of  the  Convention,  this  is  the 


504 


SALARIES. 


[15th  day. 


Wednesday,] 


FiTCU. 


[July  20. 


most  abj=urfl— I  inusit  use  that  term— which  I 
have  yet  heard  suggested. 

No\V  we  come  to  Sectiou  3. 

Sec.  3.  For  the  first years  succeeding  the  form- 
ation of  a  State  Government,  the  Legislature  shall 
make  no  appropriation  for  the  erection  of  public  build- 
ings, ami  the  annual  tax  levied  by  the  Legislature  for 
the  support  of  a  State  Government  shall  not  for  the 

first years  succeeding   the   formation  of  a  State 

Government,   exceed  the  sum  of upon  each  one 

hundred  dollars  of  the  taxable  property  at  the  assessed 
valuation  of  the  same. 

This  is  entirely  in  keeping  with  that  which 
precedes  it.  As  to  this  matter  of  public  build- 
ings, I  care  nothing.  Consith'ratidns  of  delicacy 
might  inhil)it  me  from  discussing  that  point, 
and  I  do  not  propose  to  say  anything  upon  it. 
But  I  say  there  is  nothing  in  this  section  which 
should  find  a  place  in  our  fundamental  law, 
save  and  except,  perhaps,  that  inhibition  in  re- 
spect to  the  erection  of  public  buildings,  and 
if  it  is  the  wish  of  the  Convention  to  insert  that, 
I  shall  care  nothing  for  it. 

Now  as  to  salaries,  we  might,  as  I  have  sug- 
gested, fix  them  for  a  period  of  time,  and  pos- 
sibly I  might  be  willing  to  go  further,  and  estab- 
lish them  for  a  longer  time  than  some  other  gen- 
lemen  might.  But  as  to  the  balance  of  this 
prnposltion,  it  is  impossible  for  us,  in  my  judg- 
ment, to  make  any  estimates  that  will  corres- 
pond with  the  future  wants  of  the  State.  In 
some  cases  we  might  exceed,  and  in  others  we 
should  be  apt  to  fall  short  of  tiie  wants  of  the 
government.  The  same  remarks  will  apply  to 
all  these  sections,  and  every  specification,  from 
beginning  to  end,  except  those  to  which  I 
have  referred.  The  gentleman  desires  an  ex- 
])ression  of  the  sense  of  the  Convention,  I  un- 
derstand, on  the  policy  of  this  substitute,  and  I 
will  only  say,  that  if  his  system  is  to  be  adopt- 
ed, I  do  earnestly  beseech  gentk'inen  to  carry 
it  out  by  an  additional  section,  providing  that 
after years  the  Legislatun;  sliall  not  con- 
vene at  all.  That  would  simply  be  resolving 
this  Convention  into  a  Legislature  for  the  State, 
for  one,  two,  or  three  years,  and  it  would  be 
))etter  to  do  that,  so  that  the  people  might 
know  not  only  what  expenses  they  have  to 
incur,  but  also  wliat  laws  are  enacted,  and 
then  they  can  judge  of  the  merits  of  the  system 
we  devise,  as  compared  with  their  Territorial 
Government.  Let  us  carry  out  the  system  to 
its  utmost  limits,  if  we  adopt  it  at  all,  and 
make  it  jjracticab'e.  Let  the  people  know  what 
expenses  tliey  have  to  meet,  and  what  laws  they 
will  have  to  endure  during  this  entire  period, 
long  or  short,  as  it  maj^  be. 

Mr.  FITCH.  I  entirely  agree  with  my  friend 
from  Ormsby  (Mr.  Johnson)  in  regard  to  the 
theory  n])ori  whicli  he  bases  some  jtortion  of  his 
op|)(i.-ilion  to  (111'  amendment  suggested  l)y  me, 
ami  I  entirely  disagree  with  some  other  por- 
tions i)\'  his  renuirks.  I  think  I  stated  distinct- 
ly-and  if  I  did  not,  I  will  state  it  now — that 
the  theory  of  tying  up  the  hands  of  the  Legis- 
lature in  the  maimer  proposed  by  this  amend- 
ment, is  not  agreeable  to  me  or  consonant  with 


my  ideas  of  sound  public  policy.  I  believe  the 
largest  amount  of  discretion  should  be  left  to  the 
Legislatures,  as  a  general  proposition.  But  this 
measure  ties  them  up  only  for  a  limited  period. 
I  have  left  that  period  blank,  so  that  we  can  in- 
sert one,  two,  or  three  years,  just  as  to  the  Con- 
vention may  seem  most  projjer.  I  have  offered 
it  as  a  question  of  expediency  solely,  I  confess. 
I  think  the  principle  is  one  which  should 
not  be  incorporated  into  the  Constitution  to 
continue  for  any  great  length  of  time.  But 
perhaps  this  little  evil  may  be  done,  in  order 
that  a  great  good  may  come  of  it ;  and  I  be- 
lieve that  it  will  very  materially  aid  in  securing 
the  adoption  of  the  Constitution.  As  I  have 
stated  heretofore,  my  first  object  is  to  secure  a 
good  fundamental  law,  and  next,  to  aid  in  so 
shaping  the  policy  of  this  Convention,  that  that 
fundamental  law  will  be  adopted  by  the  peo- 
ple. We  sit  here  in  this  Convention,  all  of  us, 
with  one  exception  perhaps,  in  favor  of  the 
adoption  of  a  State  Government.  We  go  out 
into  this  thriving  city,  filled  Avith  inha])itants 
who  indulge  in  the  hope  that  it  will  be  the 
capital  of  a  great  and  prosperous  State,  and 
we  hear  many  people  saying  that  they  are 
in  favor  of  the  adoption  of  the  Constitu- 
tion. And  at  night  we  go  to  bed  imbued 
with  the  idea  that  we  are  the  people  of  this 
Territory.  Now,  Mr.  President,  we  are  no  such 
thing  ;  and  I  strongly  believe  that  unless  we 
adopt  some  such  provision  as  this,  tying  up  the 
Legislature,  so  that  for  two  or  three  years  to 
come,  the  expenses  cannot  exceed  a  limited 
sum  per  annum,  the  trump  of  doom  against 
this  Constitution  has  already  sounded.  I  think 
the  great  County  of  Storey,  which  cast  as  large 
a  vote  in  proportion  to  its  population,  against 
the  old  Constitution,  as  any  county  except 
Humboldt,  the  county  that  holds  the  balance 
of  power,  by  which  can  be  secured  either  the 
adoption  or  the  rejection  of  the  Constitution, 
will  be  against  it.  I  believe,  after  having  been 
there  for  two  days,  after  conversing  with  law- 
yers, merchant-;,  and  miners,  endeavoring  to 
obtain  the  true  sentiments  of  the  people,  that 
two-thirds,  if  not  three-fourths  of  the  people  of 
that  county  are  opposed  to  the  adoption  of  the 
Constitution,  to-day ;  and  I  Ix'lieve,  further, 
that  the  onlj^  measure  by  which  their  votes  can 
be  secured,  is  the  adoption  by  us  of  an  inhib- 
ition similar  in  character  to  the  one  I  have 
proposed,  against  a  large  amount  of  taxation. 
The  people  are  alraid  of  the  Legislature.  I  agree 
with  the  gentleman  from  Ormsby  (Mr.  Johnson,) 
that  we  could  safely  leave  the  matter  with  the 
Legislature,  and  if  we  did  so,  I  believe  that  they 
would  be  guided  by  their  knowledge  of  the  re- 
sources of  the  State,  by  the  amount  of  taxable 
property,  and  their  knowledge  of  what  the 
people  could  really  stand.  I  believe  they 
would  so  shape  their  apjjropriations  as  to  cover 
no  more  than  the  projier  amount,  and  raise 
only  a  reasonable  sum  for  the  State  Govern- 
ment. ]5ut  although  I  believe  all  this,  yet  you 
cannot  make  the  people  believe  it.     They  have 


15th  day.] 


SALARIES. 


505 


Wednesday,] 


Eael — NocRSE — Fitch. 


[July  20. 


the  example  of  California  held  up  as  a  warning 
light  to  keep  them  off  the  breakers  ;  and  as 
soon  as  we  leave  this  Convention,  we  shall  find 
men  on  every  stump  telling  the  people  of  the 
enormous  taxes  that  will  have  to  be  raised  ; 
that  the  State  Government  of  California  costs 
millions  of  dollars,  and  that  they  will  be  re- 
quired to  pay  an  enormous  tax  for  revenue. 
And  if  we  simply  restrict  the  salaries  of  State 
oflBcers,  they  will  tell  the  people,  and  what  is 
worse,  the  people  will  believe  them,  that  the 
salaries  are  merely  a  drop  in  the  bucket,  and 
that  the  Legislature  can  make  the  most  extrav- 
agant appropriations.  And  because  of  their 
telling  the  peoj^le  this,  and  the  people  believing 
it,  they  will  vote  against  your  Constitution. 
Now  the  only  way  in  which  we  can  secure  the 
vote  of  the  people  and  spike  the  guns  of  our 
adversaries,  is  by  an  inhibition  of  the  nature 
which  I  have  proposed. 

I  do  not  agree  with  the  gentleman  from  Orms- 
by  (Mr.  Johnson)  in  another  point,  and  that  is. 
that  we  cannot  estimate  the  amount  of  the  ap- 
propriations which  will  be  necessary.  I  admit 
that  whatever  is  required  shottld  be  provided 
for,  and  that  this  restriction  is  legislation,  but  I 
believe  that  we  can  approximate  at  least  to  the 
maximum  sum  which  will  be  required  for  the 
next  two  years.  We  can  tell  huw  much  the 
State  Prison  and  how  much  the  Common  Schools 
are  going  to  cost  us.  We  can  tell  how  much 
the  State  Printing  will  cost  us.  and  all  the 
other  usual  expenses  of  administration.  We 
know  how  much  they  have  cost,  under  the 
Territorial  Government,  and  for  the  first  two 
years,  at  least,  we  can  fix  a  ma.ximum  sum, 
and  say  that  they  shall  not  cost  an  amount 
to  exceed  that.  It  was  very  properly  said 
by  the  gentleman  from  Ormsby  that  we  can- 
not foretell  what  will  be  the  expense  of  the 
State  Prison — that  we  cannot  know  beforehand 
how  many  convicts  there  will  be,  and  how 
much  will  be  required  to  support  them.  But 
we  can  fix  the  maximum  sum.  The  expenses 
of  the  State  Prison  are  now  about  fifteen  thou- 
sand dollars  a  year,  and  we  can  fix  the  maxi- 
mum of  the  appropriation  at  forty  thousand,  or 
fifty  thousand  dollars,  if  you  please,  or  at  all 
events  we  can  name  some  specific  sum  which 
shall  not  be  exceeded.  In  that  manner  we  can 
meet  the  arguments  of  those  who  are  abottt 
to  oppose  the  State  Government.  We  can  re- 
fer them  to  Article  XI,  of  the  Constitution,  and 
say  in  answer  to  their  allusions  to  the  extrava- 
gancies of  the  State  of  California,  and  the  warn- 
ing that  State  affords,  and  all  their  arguments 
and  figures  upon  that  basis,  that  our  State  Gov- 
ernment cannot  cost  more  than  a  certain  sum, 
because  for  a  period  of  years  the  Legislature 
is  limited,  and  cannot  exceed  that  sum  in 
expenditure.  Now  while  I  agree  with  the 
gentleman  from  Ormsby  in  strongly  doubting, 
and  in  fact  in  absolutely  disbelieving,  in  the 
theory  of  tying  up  the  hands  of  the  State  Leg- 
islature, yet  I  submit  whether,  as  a  question  of 
expediency,  it  is  not  better  to  do  so  in  this  case, 


and  for  a  limited  period,  in  order  to  secure  the 
adoption  of  a  State  Government. 

Mr.  EARL.  So  far  as  the  question  of  ex- 
pediency is  concerned,  I  have  been,  for  one,  in 
favor  of  leaving  to  the  Legislature  certain 
powers,  but  upon  inquiry  on  certain  matters  I 
find  it  does  not  always  do  to  leave  the  Legisla- 
ture with  full  and  unrestricted  powers.  In  re- 
lation to  the  State  Prison,  I  think  that  is  one  of 
those  things,  in  regard  to  which  it  is  entirely 
proper  to  restrict  the  Legislature,  although  it 
might,  in  another  view  of  the  question,  seem  to 
be  impracticable  to  do  so.  But  we  have  only 
to  look  back  to  the  history  of  California,  and 
see  what  the  State  Prison  cost  that  State  in  the 
days  of  Estelle,  and  the  notorious  prison  con- 
tractors, about  whom  there  has  been  so  much 
legislation  and  litigation,  to  learn  a  lesson  of 
wisdom.  And  again,  here  in  this  Territory, 
look  at  that  ])ile  of  rocks  within  sight  of  this 
building,  which  has  already  cost  the  Territory 
eighty  thousand  dollars.  Until  yesterday  I 
knew  nothing  of  the  particulars  of  that  matter, 
and  if  I  had  I  would  never  have  preached  here 
the  doctrine  of  allowing  the  Legislature  to  have 
that  unrestricted  power.  In  relation  to  the 
officers  of  the  State,  I  do  believe  in  tying  up 
the  hands  of  the  Legislature,  in  the  manner  set 
forth  in  this  proposition.  We  can  and  should 
name  a  sum  which  the  Legislature  is  not  to  ex- 
ceed. For  instance,  we  can  say  that  they  shall 
not  exceed  eight  thousand  dollars,  if  you  please, 
for  each  of  the  Supreme  Court  Judges,  and  five 
thousand  dollars  for  the  Governor,  and  so  on. 
I  think  that  is  entirely  consistent.  Give  the 
Legislature  sufficiently  wide  boundaries,  but 
say  to  them  that  inside  of  those  boundaries  they 
must  keep.  That  is  one  of  the  great  systematic 
principles  which  we  ought  to  lay  down  here  for 
the  State  to  be  guided  by.  I  think  we  can  do 
it.  and  do  it  consistently.  There  is  no  doubt  at 
all  in  my  mind  but  that  our  friend  from  Storey 
(Mr.  Collins)  can  make  a  sufficiently  accurate 
calculation  in  regard  to  the  cost  of  the  schools. 
Let  the  estimate  be  a  liberal  one.  We  are  all 
capable  of  figuring  it  out  here,  and  then  let 
us  leave  a  proper  margin.  I  shall  go  for  the 
proposition  of  my  colleague  first,  last,  and  all 
the  time,  and  especially  in  relation  to  the  peni- 
tentiary. I  think  the  Legislature  should  be  re- 
stricted in  respect  to  that  institution,  if  not  in 
regard  to  anything  else. 

Mr.  NOURSE.  I  have  an  amendment  to  offer, 
which  perhaps  the  gentleman  from  Storey  will 
accept.  The  gentleman  suggests  that  the  ex- 
penses of  the  penitentiary  should  be  limited, 
and  I  believe  so  too.  It  "has  been  argued  here 
that  possibly  if  the  number  of  persons  con- 
victed ot  crime  should  be  greater  than  we 
might  estimate,  the  amount  fixed  upon  might 
not  be  sufficient  for  their  support,  and  in  order 
to  provide  for  that  difficulty  I  send  up  this 
amendment. 

[The  President  in  the  Chair.] 

Mr.  FITCH.  My  amendment  is  a  mere  skel- 
eton anyhow — none  of  the  blanks  being  filled. 


506 


SALARIES. 


[15th  day. 


Wednesday,] 


NouRSE — Fitch — Banks — Chapin. 


[July  20. 


Mr.  NOURSE.  I  know  ;  but  the  amendment 
I  otter  is.  I  tliink.  an  important  one.  As  the 
object  of  the  fientlenum's  propcsition  seems  to 
be  to  adopt  a  atnmp  speech  to  send  before  the 
people,  in  order  to  remove  what  objections 
they  may  have  against  the  Constitution,  it 
seem.*  to  "me  that  the  further  amendment  which 
I  projiosc  is  necessary. 

The  .<i:CRETARY'read  Mr.  Nourse's  amend- 
ment, as  follows : 

"  That  no  more  than persons  shall  commit 

crime  witliiu  this  State  within years,  nor  shall 

more  than persons  be  convicted  of  crime  and 

sentenced  to  the  State  Prison  within years  from 

the  adoption  of  this  Constitution." 

The  CHAIRMAN.  The  amendment  is  out 
of  order. 

Mr.  FITCH.  Gentlemen  seem  disposed  to 
amuse  themselves  with  this  proposition,  but  I 
have  ottered  it  in  good  faith,  and  I  trust  it  will 
receive  fair  consideration.  If  the  Couvention 
does  not  desire  to  adopt  it,  let  it  be  rejected. 

Mr.  BANKS.  I  can  appreciate  neither  the 
wit  nor  the  sarcasm  which  have  been  dealt  out 
in  relation  to  this  amendment.  I  understand 
tliat  the  proposition  is  only  a  skeleton,  which 
the  gentleman  from  Storey  has  ottered,  embody- 
ing a  certain  policy,  and  presented  in  this  form 
for  us  to  act  upon,  and  in  case  we  adopt  it  to 
perfect  it  in  its  details  as  we  may  think  proper. 
Now  in  order  that  we  may  act  intelligently 
upon  it,  I  suggest  that  we  have  a  division  of 
the  question,  so  that  if  we  see  fit  we  can  strike 
out  Article  XI.  and  then  incorporate  so  many 
of  tlie  ])ropositionsof  the  gentleman  from  Storey 
as  we  think  best.  In  that  way  we  will  be  able 
to  confine  the  discussion  to  the  particular  points 
upon  which  we  wish  to  act  directly.  There  are 
some  portions  of  the  amendment  of  the  gentle- 
man from  Storey  which  I  think  will  meet  the 
approljutiou  of  the  majority  of  the  Convention. 
as  they  certainly  do  mine.  I  do  not  see  any- 
thing in  this  Section  1  of  the  original  article  that 
so  corresponds  in  its  nature  with  any  portion  of 
the  substitute  as  to  justify  moving  an  amend- 
ment to  that  section,  and  I  think  the  better 
course  would  be  to  take  the  question  first  on 
striking  out  Section  1.  I  therefore  call  for  a 
division  of  the  ciuestion — first,  on  the  motion  to 
strike  out,  and  tiien  on  the  insertion  of  these 
several  sections,  in  their  ords^r,  as  proposed  by 
the  gentleman  from  Storey. 

The  CHAIIl.MAN.  I  will  suggest  here,  in 
order  that  we  may  get  this  matter  in  a  proper 
slia])!'.  that  tlie  various  amendments,  taken  in 
the  aggregate,  must  be  regarded  as  iin  amend- 
mi'iit  to  Section  1  as  it  stands  now  ;  and  the 
vote  shoultl  tlierefore  first  be  taken  on  the  sev- 
eral aniendinents,  in  order  to  perfect  them, 
before  tlic  vote  on  striking  out. 

Mr.  I5ANKS.  I  understand  the  gentleman  to 
move  his  entire  proposition  as  a  substitute — 
to  strike  out  Article  XI  entirely,  and  insert  tlie 
several  sections  he  has  ottered. 

Mr.  FITCH.  Under  the  ruling  of  th(>  Chair. 
I  will  withdraw  the  substitute  for  the  present. 

Mr.  liANKS.    Then  for  the  purpose  of  getting 


at  the  matter  properly,  I  move  to  strike  out  the 
original  section. 

Mr.  CHAPIN.  I  am  in  favor  of  striking  out 
this  section,  and  I  have  some  reasons  to  present 
for  striking  it  out,  in  order  that  a  proper  substi- 
tute may  be  inserted.  During  my  absence  from 
the  capital  for  two  or  three  days  past,  I  con- 
versed as  extensively  as  I  could  with  citizens 
of  every  class  and  standing  in  society,  in  my 
county,  and  I  do  not  hestitate  to  state  here  that 
in  Storey  County,  if  the  vote  were  taken  to-day, 
with  the  present  impression  upon  the  minds  of 
the  people,  it  would  be  largely  against  the  Con- 
stitution. Their  fear  is.  that  the  expenses  of 
the  State  Government  will  be  rolled  up  to  an 
enormous  amount,  and  I  think  that  nothing 
under  heaven  can  save  the  Constitution  but 
the  assurance  of  a  safeguard  thrown  around 
the  Legislature,  so  as  to  limit  them  in  the 
amount  of  their  expenditures  for  two  or  three 
years  to  come,  until  we  shall  have  recovered 
somewhat  from  the  depression  and  hard  times 
under  which  we  are  now  suffering.  As  much  as 
we  may  boast  of  the  wisdom  of  the  Legislature — 
and  I  have  been  anxious  to  leave  a  great  many 
things  to  the  Legislature  which  I  felt  were  not 
proper  to  be  incorporated  in  this  fundamental 
law — as  much  as  we  may  say  we  are  willing  to 
trust  the  Legislature,  the  people  are  afraid  of 
it.  Most  of  them  are  Californians,  and  they 
have  had  experience  in  California  Legislatures. 
The  Legislatures  of  that  State  have  been  made 
up  from  year  to  year — in  its  early  days,  at  all 
events — of  men  who  did  not  expect  to  remain 
in  the  country  more  than  twelve  or  fourteen 
months  perhaps,  at  the  most,  and  I  regret  to  say 
that  many  of  them  were  fouud  ready  to  mortgage 
the  whole  State,  at  any  time,  for  some  grand 
swindling  operation,  by  which  they  and  their 
friends  might  be  benefited.  Now  how  much  we 
difter  in  our  circumstances  from  that  State  in  its 
early  days,  I  cannot  state,  or  at  least  I  will  not 
state  ;  but  I  will  give  it  as  my  impression,  that 
for  a  year  or  two  to  come  we  will  have  a  great 
many  members  of  our  Legislature  who  will  not 
be  permanent  citizens.  A  portion  of  them  will 
be  our  best  men — farmers  and  ranchers,  and 
men  who  have  settled  here  permanently — but 
is  it  not  reasonably  to  bo  expected  that  another 
and  a  large  portion  of  them  will  be  of  the  same 
class  as  those  who  have  dishonored  the  Legis- 
lature of  California? — men  who  are  transient 
rcisidents  here,  men  who  have  no  abiding  inter- 
ests among  us,  but  who  desire  only  to  make  mon- 
ey, to  grasp  all  they  can  get,  and  then  to  go 
where  they  please.  At  all  events,  such  is  the  im- 
pression of  citizens  outside  of  the  Convention  ; 
certainly  it  is  the  impression  of  the  citizens  in 
Storey  County.  You  cannot  argue  them  out  of 
it.  aiul  the  only  thing  we  can  do  is  to  satisfy 
them  that  under  our  Constitution  they  cannot 
be  ruinously  run  into  debt.  If  we  can  do  that 
tlie  Constitution  will  be  carried.  I  submit 
whether  it  is  not  important  for  us  to  go  down 
to  the  bed  rock  at  once,  and  lay  such  a  founda- 
tion for  the  State  Government,  that  all  will  say 


15th  day.] 


SALARIES. 


507 


Wednesday,] 


Chapin — Collins — Banks. 


[July  20. 


they  are  willing  to  risk  it?  For  one,  I  am 
willing  to  do  it.  I  do  not  want  to  adopt  the 
Constitution,  unless  we  can  keep  out  of  debt. 
I  do  not  want  to  adopt  it,  and  then  follow  in 
the  footsteps  of  California.  If  we  do  not  want 
to  have  the  ruinous  taxation  of  California,  then 
I  say  let  us  adopt  some  such  safeguard,  and  if 
not,  we  had  better  stay  as  we  are.  I  do  not 
want  to  see  the  State  run  into  debt,  simply  be- 
cause we  have  assumed  the  responsibilities  of 
a  State  Government.  Wherefore  should  we 
branch  out,  and  go  into  extravagant  splurges, 
simpl}'  because  we  have  assumed  the  dignity 
and  privileges  of  a  State?  I  see  no  reason  in 
that.  On  the  contrary,  I  believe  it  is  our 
bounden  duty  to  exercise  the  closest  economy 
within  our  power — just  as  much  as  we  would  as 
a  Territory — for  two  or  three  years  to  come  at 
least,  and  unless  we  do  it,  we  who  expect  to 
remain  permanently  here  will  soon  find  our- 
selves groaning  under  burdens  which  we  shall 
wish  never  had  come  upon  us.  I  say,  let 
us  take  such  action  as  shall  secure  us  against 
this  extravagance,  and  then  we  may  go  along 
prosperously. 

The  question  was  taken  on  the  motion  of  Mr. 
Banks  to  strike  out  Article  XI,  and  it  was 
agreed  to. 

Mr.  CHAPIN.  Now  I  move  that  the  com- 
mittee rise,  for  the  purpose  of  then  submitting 
a  motion  to  refer  this  matter  to  a  committee  of 
seven,  in  order  to  perfi»t  its  details.  Otherwise 
it  must  consume  a  great  deal  of  time. 

Mr.  COLLINS.  I  do  not  know  but  the  pro- 
position of  my  friend  on  my  left  (Mr.  Chapin) 
is  a  good  one.  But  this  matter  will  have  to  be 
ventilated  in  the  Convention,  let  it  come  from  a 
committee  of  seven  or  from  any  other  source, 
and  I  do  not  see  any  better  time  for  us  to  mea- 
sure this  whole  subject  than  now,  in  Committee 
of  the  Whole.  It  is  one  upon  which  there  is  a 
great  diversity  of  sentiment  in  the  Convention, 
and  out  of  it.  I  have  made  up  my  own  mind, 
most  thoroughly,  that  if  we  cannot  devise  the 
ways  and  means,  if  we  cannot  mature  and  adopt 
some  plan  upon  which  we  can  organize  this 
State  Government,  upon  principles  of  the  most 
rigid  economy,  by  which  we  can  put  the  brakes 
upon  that  system  of  extravagance  with  which 
our  people,  who  have  mostly  come  from  Cali- 
fornia, have  been  vaccinated,  and  which  will 
tend  in  its  operation  to  duplicate  the  same  sys- 
tem of  extravagance  in  this  State  that  has  pre- 
vailed there, — I  say  for  one  I  do  not  want  a 
State  Government,  and  I  say  for  one  that  a 
State  Government  cannot  be  afforded  in  Ne- 
vada. The  people  of  this  Territory  are  sus- 
jjicious  that  the  same  system  of  operations 
which  has  prevailed  in  California  will  charac- 
terize the  future  oijerations  of  this  coming 
State.  Our  people  have,  financially  speaking, 
the  most  extraordinary  notions.  The  whole 
system  under  which  we  live  has  conspired  to 
produce  them,  and  it  will  require  most  strin- 
gent measures  on  the  part  of  this  Convention, 
in  organizing  a  State  Government,  to  bring  the 


State  down  to  that  economical  system  which 
characterizes  men  in  their  individual  capacity, 
and  which  ought  to  characterize  the  State  in  its 
assembled  capacity.  I  rejoice  in  one  thing  in 
connection  with  the  hard  times  which  are  now 
upon  us,  for  I  do  regard  these  times  as  the  most 
auspicious  possible  for  launching  a  State  Gov- 
ernment. Because  now,  when  we  create  an 
office,  we  shall  scrutinize  well  the  importance 
and  value  of  it,  and  when  we  fix  a  salary  we 
shall  begin  to  count  the  cents  in  the  dollar  and 
the  value  in  the  cent.  And  the  sooner  we  come 
down  to  that  system,  the  better  for  us.  I  know 
it  is  hard  for  those  who  have  been  brought  up 
under  a  different  system.  I  know  it  is  diflicult 
for  those  brought  up  under  the  operations  of 
that  system  which  has  so  long  borne  sway  in 
California,  and  which  has  almost,  I  was  going  to 
say,  bankrupted  that  State,  to  bring  themselves 
down  to  a  system  of  cheap  simplicity.  But  I 
tell  you,  Mr.  President,  that  a  cheap  govern- 
ment is  a  i^remium  on  political  integrity,  and 
just  in  proportion  as  you  give  way  to  extrava- 
gance, and  the  squandering  of  money,  just  in 
that  proportion  do  you  open  up  a  field  for  cor- 
rupt political  combinations,  and  lobbying  in- 
fluences, like  those  which  have  been  so  long 
known  in  the  State  west  of  us,  and  which  will 
bear  ruinously  upon  the  permanent  tax-payers 
of  the  State  of  Nevada.  I  hope,  therefore,  that 
we  shall  go  on  with  the  consideration  of  this 
subject  in  the  Committee  of  the  Whole,  and  let 
the  views  of  gentlemen  be  presented  upon  it. 
I  do  not  know  what  the  views  of  members  may 
be.  or  whether  it  would  be  proper  to  refer  the 
subject  to  a  select  committee.  There  may  be 
great  hostility  to  it.  When  gentlemen  have  ex- 
pressed their  opinions  we  may  find  it  impracti- 
cable to  refer  it,  and  may  decide  to  indefinitely 
postpone  the  whole  subject.  Let  us  measure 
our  respective  views  here.  Let  us  throw  them 
into  the  common  treasury,  and  when  we  have 
ascertained  what  the  desires  and  wishes  of  the 
Convention  are,  if  we  find  that  we  are  generally 
in  favor  of  organizing  a  cheap  State  Govern- 
ment, let  us  then  refer  the  matter  to  a  commit- 
tee, to  be  there  digested. 

Mr.  BANKS.  It  has  been  suggested  that  the 
action  of  the  Convention  should  be  to  refer  this 
matter  to  a  special  committee  at  the  present 
time.  Now  I  would  like,  before  the  Convention 
acts  finally  upon  the  amendment,  to  have  it  re- 
ferred to  a  committee,  but  I  think  it  well  for  us 
first  in  the  Convention,  or  in  Committee  of  the 
Whole,  to  determine  as  proposed  by  the  gen- 
teman  from  Storey,  (Mr.  Fitch,)  what  we  will 
restrict  legislation  upon.  I  think  the  sense 
of  the  Convention  is  decidedly  in  favor  of  re- 
stricting and  limiting  the  Legislature,  at  least 
so  far  as  salaries  are  concerned,  but  there  might 
be  material  ditt'ereiiees  of  opinion  in  regard  tp 
the  other  propositions  contained  in  the  substi- 
tute. I  hope,  therefore,  that  we  shall  continue 
in  Committee  of  the  Whole,  confining  ourselves 
to  the  matter  of  the  subjects  of  limitation,  and 
then  afterwards  we  can  refer  the  proposition  to 


508 


SALARIES. 


[15th  day. 


Wednesday,]        E.vrl — Fitch — Chapin — Lockwood — Brosnan — Banks — Nourse.  [July  20. 


a  committee,  to  procure  the  facts  and  prepare 
the  fijrures  upon  which  to  base  the  necessary 
action. 

Mr.  EARL.  I  hope  the  suggestion  of  the 
gentleman  from  Huiiil>oldt  (Mr.  Banks)  will  be 
agreed  to.  We  can  adopt  in  blank  certain  sec- 
tions, making  these  restrictions,  and  after  that 
it  will  be  wholly  a  question  of  figures,  and  it 
seems  tu  me  unnecessary  for  the  whole  Conven- 
tion to  sit  here  and  deliberate  upon  questions 
of  figures  only. 

Mr.  FITCH.  I  think  the  course  suggested  by 
the  gentleman  from  Humboldt  is  the  best  we 
can  adopt.  "We  can  take  up  Section  1  and  dis- 
cuss it,  and  if  it  is  the  sense  of  the  Convention 
to  restrict  the  Legislature  in  that  particular,  we 
can  refer  it  to  a  committee  to  fill  the  blanks, 
and  so  on  with  the  remaining  sections. 

Mr.  CHAPIN.  For  the  purpose  of  getting  at 
the  sense  of  the  Convention,  then,  I  will  with- 
draw my  motion  that  the  committee  rise. 

Mr.  FITCH.  I  trust  that  a  vote  will  be  taken 
in  the  committee  on  Section  L 

The  CHAliniAN.  The  gentleman  has  with- 
drawn his  amendment,  but  it  will  be  in  order 
to  otter  it  again. 

Mr.  FITCH.  I  will  renew  the  amendment, 
and  I  trust  that  Section  1  will  be  read  and  passed 
upon. 

The  SECRETARY  read  Section  1  of  the  sub- 
stitute pro))osed  bv  Mr.  Fitch. 

Mr.  LOCKWOOD.  I  think  the  compensation 
of  the  Legislature  is  already  fixed,  elsewhere 
in  the  Constitution.  The  pay  of  Senators  and 
Representatives  is  fixed  at  ten  dollars  a  day,  I 
think. 

The  CHAIRMAN.  No,  sir.  It  is  provided 
that  the  Legislature  may  establish  the  compen- 
sation, and  there  is  to  be  no  increase  during 
the  term  of  the  incumbents.  No  specific  sum 
has  been  mentioned  in  the  Constitution,  so  far 
as  alreadv  adopted. 

Mr.  BIIOSNAN.  I  call  the  attention  of  the 
Convention  to  Section  34  of  the  article  entitled 
Legislative  Department,  which  reads  as  fol- 
lows— 

The  CHAIRMAN.  The  gentleman  had  bet- 
ter let  the  Secretary  i-ead  it  as  engrossed. 

The  SECRETARY  read  as  follows  : 

Sec.  Xi.  The  members  of  the  Legislature  shall 
recti ve  for  their  services  a  comp-iisation  to  be  fixed  by 
law,  and  paid  out  of  the  publii-  treasury  ;  but  no  in- 
crease of  HUeh  compeiisatinii  sIkiU  take  effect  during 
the  term  for  which  the  hk  inbcr.s  of  either  House  shall 
have  bci-ii  elected  ;  provided,  that  an  appropriation  may 
be  niiwlc  for  tlie  payment  of  such  actual  expenses  as 
the  inember.s  of  the  Legislature  may  incur  for  i)08tage, 
express  charges,  newspapers,  and  stationery,  not  ex- 
ceeding the  sum  of  sixty  dollars,  for  any  general  or 
special  session,  to  e;u-h  member  ;  and  farlherniort  pro- 
vided, that  the  Speaker  of  the  Assembly,  and  Lieutenant 
Governor,  or  President  of  the  Senate,  shall  each,  dur- 
ing the  time  of  their  actual  attendance  as  such  presid- 
ing officers,  receive  au  additional  allowance  of  two 
dollars  per  diem. 

Mr.  BAXIvS.  It  will  he  observed  that  there 
is  nothing  incomi)atil>le  lietween  the  section  as 
proposed,  iind  the  restrictions  contained  in  the 
Boclion   in   this  article  which  we  have  already 


passed  upon.  In  the  amendment  which  we  now 
have  uncler  consideration,  the  Legislature  fixes 
the  salary,  but  subject,  of  course,  to  the  propo- 
sition made  by  the  gentleman  from  Storey,  (Mr. 
Fitch.)  if  we  shall  choose  to  adopt  it. 

Mr.  FITCH.  I  hope  the  section  will  be 
adopted,  and  then  we  can  report  it  back,  and 
in  the  Convention  can  appoint  a  committee  to 
to  fill  all  the  blanks. 

Mr.  BROSNAN.  I  have  no  objection  to  this 
section,  except  that  it  seems  to  me  misplaced 
where  it  is  now.  It  fixes  the  salaries  for  two 
years,  I  believe. 

The  CHAIRMAN.  No,  sir;  they  are  all 
blank,  yet ;  but  the  blanks  can  be  filled  at  any 
time. 

Mr.  NOURSE,  This  first  section  refers  to  the 
salaries  of  State  officers,  I  believe. 

Mr.  FITCH.     Yes,  sir. 

Mr.  NOURSE.  Well,  I  do  not  know  as  I  have 
any  objection  to  that,  nor  to  the  bulk  of  this 
proposition.  I  have  a  great  deal  of  confidence 
in  the  Legislature,  provided  their  hands  are 
pretty  well  tied,  and  it  seems  to  me  that  this 
proposition,  in  its  general  scope,  gets  at  the 
correct  doctrine  on  that  subject.  The  objection 
to  a  Constitution,  so  far  as  interfering  with  leg- 
islation goes,  it  appears  to  me,  has  no  weight, 
except  when  the  Constitution  undertakes  to  do 
affirmative  acts,  which  should  be  left  to  the 
Legislature.  But  the  chief  object  of  a  Consti- 
tution seems  to  be  to  restrict  the  Legislature 
from  doing  affirmative  acts  which  might  be 
harmful  to  the  people,  and  this  provision  sim- 
jjly  restricts  the  Legislature  in  that  respect. 
And  now  I  wish  to  say,  although  it  is  not 
strictly  in  order,  in  regard  to  that  amendment 
proposed  by  me,  that  I  offered  it  in  terrible 
earnest,  [laughter,]  because  that  was  a  class  of 
cases,  the  extent  of  which,  in  the  way  of  ex- 
penditure, could  not  be  foreseen,  by  any  pos- 
sibility. 

The  CHAIRMAN.  It  is  not  in  order  to  speak 
of  a  proposition  which  is  not  before  the  Com- 
mittee. 

Mr.  NOURSE.  Very  well.  I  wish  to  say,  so 
far  as  this  amendment  proposes  to  restrict  ex- 
penditures, so  far  as  it  proposes  to  restrict  the 
Legislature  from  putting  us  to  improper  and 
unbounded  expense,  I  like  the  proposition ; 
and  I  shall  therefore  vote  for  the  first  section. 
I  think  it  is  a  proper  restriction.  I  do  not  vote 
for  it  as  an  argument  in  favor  of  a  State  Gov- 
ernment, but  because  I  think  it  is  right  that  in 
this  matter  the  Legislature  should  be  restricted. 
It  seems  to  me  that  that  is  a  strong  and  sound 
argument  in  favor  of  the  section.  But  when  it 
comes  to  restricting  the  Legislature  in  its  ex- 
penditures for  certain  purposes,  for  which  the 
amount  that  will  be  needed  cannot  by  any  pos- 
sibility be  foreseen,  I  shall  of  course  reserve  to 
myself  the  right  to  vote  against  it. 

The  question  was  taken  on  the  adoption  of 
the  section,  and  it  was  adopted. 

Mr.  FITCH.  I  now  move  the  adoption  of 
Section  2. 


15th  day.] 


SALARIES. 


509 


Wednesday,] 


Banks — Stuktevant — Nourse — Fitch. 


[July  20. 


The  SECRETARY  read  Section  2  of  Mr. 
Fitch's  substitute,  and  the  question  was  stated 
on  its  adoption. 

Mr.  BANKS.  I  understand  that  these  sec- 
tions are  being  separately  introduced  from 
time  to  time. 

The  CHAIRMAN.  Yes,  sir  ;  each  section  is 
offered  and  voted  upon  in  its  consecutive  order, 
as  I  understand. 

Mr.  BANKS.  Very  well,  sir.  Now  in  that 
section  there  are  some  things  of  which,  with 
my  present  knowledge  of  the  matter,  I  approve, 
but  there  are  others  that  I  think  are  very  ques- 
tionable as  matters  of  State  policy,  and  there- 
fore I  ask  a  division  of  the  question,  that  the 
vote  may  be  taken  separately  upon  each  of  the 
several  items. 

Mr.  STURTBVANT.  The  gentleman  had 
better  move  to  strike  out. 

Mr.  NOURSE.  Allow  me  to  make  a  sugges- 
tion, which  is,  I  think,  a  capital  one,  and  that 
is,  that  the  best  way  to  restrict  the  appropria- 
tions, and  to  prevent  the  expenditure  of  an  un- 
reasonable amount  of  money  by  the  Legisla- 
ture, is  to  make  the  legislative  expenditures  the 
last  item.  The  Legislature  will  then  take 
mighty  good  care  not  to  ran  up  the  items  which 
precede  their  own  compensation  to  a  very  ex- 
travagant amount.  It  strikes  me  very  favora- 
bly, certainly,  and  I  think  there  is  no  better 
way  to  secure  economy  in  the  State  Govern- 
ment than  to  make  the  legislative  pay  the  last 
item. 

Mr.  FITCH.  Was  the  gentleman  ever  in 
California  during  the  days  of  the  transfer  of  the 
Swamp  Land  fund? 

Mr.  NOURSE.  I  have  only  been  through 
that  State  ;  I  did  not  tarry. 

Mr.  BANKS.  For  the  sake  of  practical  con- 
venience I  simply  ask  for  a  division,  and  then 
we  can  vote  on  each  subdivision  of  the  section 
as  it  occurs. 

The  CHAIRMAN.  There  being  no  objection, 
the  section  will  be  divided  in  the  manner  indi- 
cated by  the  gentleman  from  Humboldt,  and 
the  question  now  will  be  on  the  first  subdivision. 

The  SECRETARY  read  the  first  subdivision, 
as  follows  : 

"  For  the  first years  succeeding  the  formation 

of  a  State  Government,  the  Legislature  shall  not  appro- 
priate more  than  the  sum  of  dollars  per  annum 

for  the  supijort  of  the  State  Prison. " 

Mr.  FITCH.  Here  is  something  which  has 
been  handed  to  me,  and  I  will  ask  that  it  be 
read  for  information.  I  am  inclined  to  like  it 
very  well.  It  is  designed  as  a  substitute  for 
Section  2. 

The  SECRETARY  read  as  follows  : 

Section  2.  For  the  first  two  years  after  the  adoption 
of  this  Constitution,  the  Legislature  shall  not  levy  a 
tax  for  State  purijoses  exceeding  one  per  cent,  on  the 
taxable  property  of  the  State,  nor  shall  any  appropria- 
tion be  made  exceeding  the  said  revenue,  paying — first, 
the  interest  on  the  State  bonds;  second,  salaries  of 
State  ofiicers;  third,  State  Prison  expenses;  fourth, 
educational  appropriations ;  fifth,  Legislative  expenses. 

Mr.  BANKS.  I  am  some  how  or  other  very 
much  inclined  to  approve  of  that.    I  have  seen 


in  my  experience  the  working  of  a  similar  pro- 
vision, the  result  of  which  was  very  favorable. 
We  have  a  case  in  point  in  the  city  of  San 
Francisco,  where  the  expenditures  previous  to 
185G  were  enormous  beyond  all  reason,  but 
the  Legislature  of  California  adopted  a  provi- 
sion similar  to  this,  in  regard  to  the  amount  of 
taxes  that  might  be  assessed  and  collected,  and 
the  result  was  just  this,  that  the  legislative 
body  of  that  city  was  forced  to  confine  itself 
within  a  given  expenditure,  and  they  did  so  not 
only  without  difficulty,  but  with  perfect  facility. 
It  is  true  the  amount  was  exceedingly,  even  par- 
simoniously small,  but  yet,  like  persons  simi- 
larly situated  in  private  life,  they  have  man- 
aged to  get  along  with  the  amount  of  revenue 
they  had.  They  did  not  live  beyond  their 
means.  And  I  like,  too,  the  order  in  which  this 
IS  arranged.  Now,  sir.  the  gentleman  from 
Storey  (Mr.  DeLong)  has  alluded,  in  a  low  tone 
of  voice,  to  the  condition  of  legislators  here  at 
the  capital  under  certain  circumstances,  but  in 
answer  to  that  suggestion  I  will  say  that  those 
gentlemen  have  a  perfect  right  to  stay  at  home 
if  they  prefer  it,  and  if  they  do  come  to  the 
Legislature  they  do  so  with  a  full  knowledge  of 
their  own  financial  condition,  and  that  of  the 
State,  and  the  probable  amount  of  revenue  at 
their  di.sposal.  They  will  not  be  deceived  in 
the  matter.  They  will  not  come  here  expect- 
ing to  find  an  overflowing  treasury,  from  which 
they  can  at  once  receive  iheir  pay,  but  they  will 
come  here  with  a  full  knowledge  of  the  fact 
that  they  will  not  receive  their  pay  for  some 
time  after  they  arrive,  and  they  can,  if  they 
please,  exercise  their  constitutional  privilege  of 
staying  at  home.  I  think  the  provision  would 
result  in  securing  a  wiser,  more  economical, 
and  more  honest  set  of  men  in  the  Legislature. 
With  my  present  view  of  the  subject  I  think  the 
provision  is  an  admirable  one.  1  think  it  will 
cover  all  the  ground  of  the  first  proposition  of 
the  gentleman  from  Storey,  (Mr.  Fitch,)— that 
it  will  accomplish  all  the  results  which  he  hopes 
to  secure,  and  that  it  will  do  so  in  a  clear,  tan- 
gible manner. 

Now,  sir,  one  word  in  regard  to  the  matter 
of  the  popularity  of  this  Constitution.  Thus 
far  I  have  voted  on  every  proposition  coming 
before  us  here,  without  reference  to  any  pres- 
sure resulting  from  the  popular  sentiment  on 
this  or  other  matters.  I  came  here  to  adopt  a 
good  Constitution,  such  as  the  people  ought  to 
support,  and  1  regard  it  as  one  of  the  essential 
elements  of  a  good  Constitution,  that  it  shall 
contain  restrictions  compelling  economy.  I 
have  seen  and  know  something  of  legislative 
bodies,  and  without  wishing  to  say  anything  to 
their  disparagement,  or  in  disparagement  of  the 
gentlemen  who  may  assemble  here  to  pass  our 
laws,  I  do  say  this,  that  we,  here,  as  a  Constitu- 
tional Convention,  can,  and  should,  in  view 
of  what  we  know  of  other  States,  and  of  legis- 
tion  in  this  Territory,  fix  a  limit  beyond  which 
the  Legislature  shall  not  pass.  I  am  not  in  favor 
of  fixing  definitely  the  amount  of  expenditures 


510 


SALARIES. 


[15th  day. 


Wednesday,] 


Fitch — Chairman — Stuetevant — Collins — Lockwood. 


[July  20. 


for  each  of  the  separate  departments,  but  I  am 
in  favor  of  j)lacing  restrictions  on  the  officers 
of  the  ffoverninent.  in  respect  to  the  expendi- 
tures of  the  State  Government.  I  believe  this 
auu'uilinent  places  those  restrictions  in  such  a 
form  that  they  will  be  appropriate  and  advan- 
tageous to  the  people,  and  successful  in  their 
results. 

Mr.  FITCH.  On  reflection.  I  will  ask  leave 
to  withdraw  Section  2  of  my  original  proposi- 
tion, and  having  made  one  or  two  verbal  alter- 
ations I  will  offer  this  in  its  place.  I  will 
read  it  myself,  as  the  handwriting  is  rather  ob- 
scure. 

Section'  2.     For  the  first after  the  adoption  of 

this  Coustitution,  the  Legislature  shall  not  le\'}'  a  tax 
for  State  purposes  exceeding per  cent,  on  the  tax- 
able property  in  the  State,  nor  shall  any  appropriation 
be  made  exceeding  the  said  revenue,  paying— first,  in- 
terest on  the  State  bonds  ;  second,  salaries  of  State 
oflicers  ;  third.  State  prison  expenses  ;  fourth,  educa- 
tioual  expenses  ;  fifth,  legislative,  miscellaneous,  and 
contingent  expenses. 

I  desire  to  say,  in  offering  this  amendment, 
that  it  seems  to  me  to  meet  the  objections 
which  have  been  urged  by  yourself,  Mr.  Chair- 
man, and  the  gentleman  from  Washoe,  (Mr. 
Noiirse.)  and  at  the  same  time  it  fully  covers  the 
groimd  intended  to  be  covered  by  my  original 
proposition. 

The  CHAIRMAN.  Permit  me  to  make  a  sug- 
gestion which  will  probably  obviate  the  neces- 
sity of  my  leaving  the  chair,  tlmt  a  question 
might  arise  whether  the  bonds  of  the  State  of 
Nevada  alone,  and  not  of  the  Territory,  were 
included  in  the  provision  for  the  payment  of 
interest.  Now  it  is  contemplated  that  we  shall 
assume  the  bonds  of  the  Territory  and  its  entire 
indebtedness,  and  there  are  not  only  bonds,  but 
also  outstanding  warrants,  etc. 

Mr.  FITCH.  Then  by  the  consent  of  the 
Convention  I  will  change  it  to  "  interest  on  the 
public  debt ; '"  so  that  it  will  read — "  1st.  Inter- 
est on  tlie  i)ublic  debt." 

The  CHAIRMAN.  Then  it  will  correspond 
with  the  section  as  it  stands  in  the  old  Con- 
stitution, providing  that  the  State  shall  assume 
the  indebtedness  of  the  Territory. 

Mr.  ST U liT E VANT.  I  will  read,  for  informa- 
tion, from  the  statutes  of  the  last  session  of  the 
Legislature,  to  show  what  will  be  the  amount 
of  Territorial  indebtedness  which  we  shall  have 
to  assume.  On  page  66  is  "  An  Act  to  provide 
for  a  Territorial  Prison."  on  account  of  which 
the  Ijalaiice  of  the  appropriation  due  is  sixty 
thousand  dollars ;  on  page  81  is  "  An  Act  to 
encourage  enlistments  and  give  bounties  and 
extra  i)ay  to  our  volunteer  soldiers,"  for  which 
the  appropriation  is  one  huiulred  thousand  dol- 
lars :  on  page  'JO  is  '•  An  Act  to  issue  bonds  and 
coupons."  tlie  appropriation  in  that  Act  being 
one  hiuidred  and  fifty  thousand  dollars.  The 
whole  amount  of  all  these  appropriations  is 
three  hundred  and  ten  thousand  dollars. 

Mr.  ('<  tLUNS.  At  first  view,  this  new  section 
strikes  me  as  covering  the  entire  ground.  1 
have  not  had  time  to  look  at  the  amendment 


critically,  but  certainly  it  is  clear  that  under  it 
only  one  per  cent,  can  be  levied  on  the  taxable 
property  of  the  State  ;  that  is  clear,  at  least. 
Then  it  says  : 

"Nor  shall  any  appropriation  be  made  exceeding  the 
said  revenue." 

Does  this  mean  that  there  shall  be  no  provi- 
sion made  for  the  payment  of  any  expenses  be- 
yond that  amount?  or  that  no  debt  shall  be 
contracted  that  shall  exceed  that  amount? 
There  has  been  a  section  passed  already  in  re- 
gard to  the  revenue,  providing  that  the  State 
may  incur  a  debt  not  to  exceed  a  certain 
amount.  I  would  ask  if  this  will  allow  the 
Legislature  to  complete  the  complement  of  that 
debt — if  the  Legislature  would  have  permission, 
by  virtue  of  this  substitute,  to  borrow  money 
on  the  State  bonds  to  an  amount  equal  to  that 
permitted  under  the  section  of  the  Constitution 
which  we  have  already  adopted — or  would  it 
inhibit  it?  If  it  would  prevent  the  incur- 
ring of  any  indebtedness  beyond  that,  then  it 
occurs  to  me  that  this  section  covers  the  entire 
ground  ;  but  if  not,  I  would  very  much  prefer 
the  system  contemplated  in  the  article  as  origin- 
ally presented  by  my  colleague,  (Mr.  Fitch.)  I 
merely  suggest  these  inquiries  that  we  may 
know  precisely  where  we  stand.  I  believe  that 
one  per  cent.,  allowing  that  we  are  to  realize  a 
revenue  by  taxation  upon  the  gross  proceeds  of 
the  mines  to  an  amount  of  eighteen  or  twenty 
millions,  will  be  adequate  to  maintain  a  State 
Government  well.  Put  I  do  not  want  anything 
here  that  shall  be  so  indefinite  that  the  Legisla- 
ture, under  the  pressure  of  want,  perhaps,  can 
drive  through  these  sentences  with  a  four-horse 
team.  I  want  it  made  so  tight  that  it  cannot 
leak,  and  so  clear  that  no  two  honest  lawyers 
can  materially  differ  in  their  construction  of  it. 
I  say  at  the  first  blush  it  strikes  me  very  favor- 
ably as  covering  the  entire  ground  ;  but  still  I 
would  not  wish  to  vote  for  it  until  I  can  under- 
stand it  more  fully. 

Mr.  LOCKWOOD.  I  must  say  that  it  is 
strange,  passing  strange,  to  my  mind,  what  an 
entire  revolution  seems  to  have  taken  place  in 
the  minds  of  certain  gentlemen  regarding  the 
Legislature.  They  have  not  only  become  very 
fearful  of  that  body  themselves,  but  they  tell  us 
that  the  people,  especially  in  Storey  County, 
are  very  suspicious  indeed  of  the  Legislature. 
Those  gentlemen  who  have  so  strenuously  con- 
tended that  the  Constitution  ought  to  be  left 
entirely  free"  from  legislation,  that  the  wisdom 
of  the  Territory  was  not  going  to  die  with  this 
body,  and  that  they  had  full  confidence  in  the 
Legislatures  which  would  meet  in  this  State 
hereafter,  now  not  only  propose  to  restrict 
every  appropriation  that  shall  be  made  by  the 
Legislature,  Init  they  have  so  great  a  distrust 
of  that  body,  and  such  a  suspicion  of  its  dis- 
honesty or  inability,  that  they  propose  not  to 
pay  its  memljers  for  their  services.  Now  I  in- 
sist, sir,  that  the  (lualifications  which  entitle  a 
man  to  a  seat  in  that  body,  are  of  the  highest 
order.    There  are  many  men  in  this  Territory 


15tli  day.] 


SALARIES. 


511 


Wednesday,] 


DuxNE — Collins. 


[July  20. 


who  are  well   qualified  to   be   Controllers  of 
State,  but  who  are  not  qualified  for  legislators. 
That  position  is  one  which  requires  the  highest 
capacity.     The  man  who  is  to  be  a  competent 
legislator  must  know  something  of  law.  of  lit- 
erature, of  commerce,  of  agriculture,  and   of 
manufactures,  in  order  that  he  may  understand 
how  certain  legislative  provisions  would  affect 
those   interests.     Now,  sir,  granting   that   the 
Legislature  is  not  entitled  to  our  confidence, 
as  gentlemen  here  assert,  still,  if  you  adopt 
this   provision,  what    assurance   or   guarantee 
have  we  that  they  would  malvc  any  apjiropria- 
tion.  for  the   State  Prison,   for  instance,  if  it 
would   cut  off  their  own  pay?      A   provision 
of  this  character  is  so  novel,  so  strange,  in  fact 
so  unheard-of  and  so  untried,  that  for  one  I  am 
not  prepared   to   support   it.     I   believe   that 
Storey  County  is  capable  of  sending  just  as 
honorable,  honest,  and  intelligent  men  to   the 
State  Legislature,  as  it  has  sent  to  this  Conven- 
tion ;  and  I  hope  they  will  send  some  of  the 
members  of  this  body  to  the  Legislature,  for  I 
have  full  confidence  that  they  would  guard  well 
the  interests  of  the  people,  and  of  their  own 
constituents  in  particular.     I  am  not  in  favor  of 
this  thing  called  expediency.     I   believe,  sir, 
that  under  the  solemn  oath  of  otfipe  which  we 
have  taken  as  members  of  this  body,  it  becomes 
us  to  judge  of  all  measures,  not  in  the  light  of 
expediency,  but  of  right.     Under  this  provision 
which  is  proposed  to  be  incorporated  into  the 
Constitution,  the  wheels  of  government  might 
be  blocked  entirely.     AVe  have  a  provision  al- 
ready, limiting  the  indebtedness  of  the  State  to 
the  sum  of  three  hundred  thousand  dollars.     If 
that  is  not  sufficient,  and  amply  sufficient,  I  be- 
lieve that  we  ought  to  "  acknowledge  the  corn." 
and  say  that  we  are  too  poor  to  support  a  State 
Government.      I   take  it  that   every   member 
of  the  Legislature  would  like  to  be  paid  for 
his  services,  as  well  as  every  other   employe 
of  the  State,  and   I  take  it,  therefore,  that  the 
members  of  the  Legislature  would  reason  some- 
what in  this  wise  :  that  the  men  who  furnish 
the  supplies  to  the  State  Prison,  might  just  as 
well  go  without  their  pay  as  they,  or  the  Gov- 
ernor, or  the  Controller  of  State,  or  any  other 
officer  of  the  State,     They  will  not  be  obliged 
to  make  these  appropriations,  and  they  will  not 
do  so,  if  thereby  they   entirely   cut    off  their 
own  compensation.     I  insist,  not  that  I  wish  to 
occupy  the  time  or  attention  of  the  Convention, 
that  this  matter  should  be  thoroughly  sifted  and 
ventilated,  for  I  desire  for  one,  at  least,  a  more 
perfect  understanding  of  the  subject,  before  I 
vote  for  a  proposition  so  entirely  novel  in  its 
character  as  the  one  before  the  Convention. 

Mr.  DUNNE.  I  concur  entirely  in  the  senti- 
ments expressed  by  the  last  speaker,  for  I  be- 
lieve that  we  may  safely  assume  that  a  man 
does  not  lose  his  natural  bent,  or  change  his 
human  nature,  because  he  happens  to  be  elected 
to  the  Legislature.  And  for  that  reason,  be- 
lieving that  the  members  of  the  Legislature 
would  still  be  actuated   by  the  same  motives 


and  principles  as  those  which  govern  men  who 
are  not  elected  to  the  Legislature,  1  am  in- 
clined to  think  that  this  amendment  is  not  poli- 
tic. I  object  to  it  also  for  this  further  reason, 
that  it  has  a  tendency  to  throw  the  money  in 
the  State  Treasury  into  the  very  worst  possible 
fund  imaginable,  and  that  is  the  Contingent 
Fund.  That  is  the  fund  from  which  we  ought  to 
guard  the  appropriations  the  most  carefully. 
The  tendency  would  be  to  keep  back  all  the 
appropriations  to  the  very  last,  in  order  to  be 
sure  of  having  the  funds  necessary  for  the  pay- 
ment of  the  Legislature.  I  do  not  believe  that 
under  this  provision  there  would  be  a  dollar 
appropriated  for  charitable  purposes.  I  do  not 
believe  that  under  it  there  would  be  a  dollar 
appropriated  for  the  State  Prison,  if  there  were 
any  possibility  of  avoiding  it.  I  believe  that 
all  the  appropriations  would  be  kept  back  for 
the  payment  of  the  Legislature,  leaving  the 
balance  in  the  Contingent  Fund,  to  be  reached 
there  by  special  appropriations.  Then  again,  I 
do  not  think  it  is  the  best  policy  to  adopt  to 
say  that  the  tax  levied  shall  be  only  one  per 
cent. 
Mr.  COLLINS.  I  find  that  is  left  blank. 
Mr.  DUNNE.  It  was  so  proposed,  certainly. 
The  CHAIRMAN.  I  think  the  gentleman 
from  Storey  (Mr.  Collins)  is  mistaken.  That 
which  was  originally  proposed  left  a  blank,  but 
afterwards  this  was  withdrawn  and  the  new 
section  ottered  takes  the  place  of  Section  2  of 
the  amendment  first  submitted  by  the  gentle- 
man from  Storey,  (Mr.  Fitch.) 

Mr.  DUNNE.  I  will  say  only  a  few  words 
more.  Here  are  some  figures  which  I  have 
prepared  upon  the  basis  of  a  taxation  of  one 
per  cent.  Under  the  basis  of  assessment  and 
taxation  which  we  have  adopted  we  shall  pro- 
bably have  an  amount  of  taxable  property  of 
thirty  millions  of  dollars,  and  a  tax  of  one  per 
cent,  upon  that  amount  would  raise  a  revenue 
of  only  three  hundred  thousand  dollars.  And 
deducting  one-fourth,  as  is  usually  done  in  com- 
putations of  this  kind,  for  the  expenses  of  col- 
lection and  delincpiencies,  it  leaves  the  amount 
only  two  hundred  and  twenty-five  thousand  dol- 
lars a  year.  That  is  the  whole  of  the  revenue 
to  be  ex])ended.  Or,  if  you  go  upon  the  as- 
sumption that  the  amount  of  taxable  property 
will  be  forty  millions  of  dollars,  including  the 
proceeds  of  the  mines  in  the  calculation,  then 
the  tax  will  come  to  four  hundred  thousand 
dullars,  and  there  will  be  three  hundred  thou- 
sand dollars  to  be  expended.  And  even  if  you 
have  fifty  millions  of  taxable  property,  there 
will  only  be  four  hundred  thousand  dollars  of 
revenue,  or  very  nearly  that,  to  be  expended. 
Now  I  would  be  in  favor  of  the  amendment 
originally  proposed,  so  as  to  get  at  the  contin- 
gent expenses  and  special  appropriations. 
There  is  the  great  leak-hole  to  be  stopped.  I 
would  prefer  to  leave  these  indispensably  neces- 
sary public  institutions  to  have  a  fair  chance  for 
existence.  I  would  be  in  favor  of  restricting 
the  Legislature  in  that  way  for  a  period  of  four 


512 


SALARIES. 


[15tli  day. 


Wednesday,] 


Fitch— DcNNE — Chaikman— Stdrtevant— Chapin. 


[July  20. 


years,  cutting  down  the  pay  of  members  of  the 
Legislature  to  a  low  figure,  so  that  every  mem- 
ber will  kiiuw  exactly  what  is  coming  to  him, 
and  cuning  off  the  appropriations  as  far  as  pos- 
sible, but  leaving  the  public  institutions  of  the 
State  some  chance  for  justice. 

Mr.  FITCU.  One  of  the  most  distinguished, 
if  not  the  most  distinguished  of  historians,  Mr. 
Macaulav,  in  speaking  of  the  Puritans,  says 
they  verV  often  mistook  rancor  for  virtue.  So 
there  are  a  great  many  people  in  our  own  times, 
and  immediately  around  us,  who  mistake  their 
prejudices  and  opinions  for  principles.  Now, 
sir.  1  imagine  that  we  are  not  here  for  the  pur- 
pose, each  one  of  us,  of  forcing  upon  the  Con- 
vention his  own  private,  particular,  and  especial 
views,  and  adhering  to  them  with  tenacity  of 
purpose,  regardles's  of  all  the  circumstances 
and  surroundings,  and  of  the  exigencies  which 
may  dailv  arise.  A  modern  philosopher  has 
said  that  the  difference  between  a  man  and 
a  mule  is.  that  a  man  can  change  his  luind  and 
a  mule  cannot.  We  hear  a  great  deal  said  here 
abotit  inconsistency,  but  I  believe  a  man  may 
think  one  thing  one  day  and  another  thing  the 
next,  and  still  act  consistently.  I  feel,  for  one, 
that  if  to-day  I  honestly  entertain  an  opinion 
and  to-morrow  events  shall  have  occurred  in 
consequence  of  which  I  deem  it  my  duty  as  a 
representative,  acting  in  my  representative 
capacity,  to  adopt  a  different  view,  I  am  not 
doing  any  thing  inconsistent,  immoral,  or  iiu- 
proper.  in  taking  such  a  course.  I  frankly 
stated  in  the  outset  that  I  was  opposed  to  tying 
up  the  hands  of  the  Legislature.  As  a  matter 
of  theory,  I  believe  in  the  largest  liberty  for 
the  Legislature,  but  I  do  say  that  there  is  a  nc- 
cessit}'-  for  restricting  the  Legislature,  in  the 
way  Ipropose,  because  the  Constitution  will  be 
rejected  if  we  do  not ;  and  as  I  regard  the 
adoption  of  the  Constitution  as  of  more  im- 
portance than  my  own  consistency,  I  have 
changed  my  views,  and  am  now  for  restricting 
the  Legislature. 

Now  there  is  another  circumstance  in  con- 
nection with  this  matter.  1  am  not  making  any 
charge  upon  the  members  of  the  Convention  ; 
it  is  a  mere  circumstance,  which  I  do  not  pre- 
tend to  account  for,  and  I  do  not  attribute 
unworthy  motives  to  anybudy.  I  should  be 
very  sorry  to  do  so.  But  1  say  it  is  a  remarka- 
ble circumstance,  nevertheless,  that  those  gen- 
tlemen who  are  oppos(;d  to  the  adoption  of  a 
State  (Government,  and  those  whom  we  may  ex- 
pect hereafter  to  opjiose  it,  are  all  now  opposed, 
ap])an'iitly.  to  s<j  iicrfecting  the  Constitution  as 
to  make  it  accf]>tal)le  to  the  j)e()pk'.  Il  is  i)er- 
fectly  marvi'Uous  tiiat  gcntleiuen  who  came 
here  favoring  the  adoption  of  a  State  Govern- 
ment, and  who  have  not  been  able  to  get  their 
own  views  and  those  of  their  constituents  in- 
corj)orate<l  into  the  Constitution,  are  now,  al- 
though they  do  not  say  they  are.  here,  opposed 
to  the  aduption  <if  a  State  Government,  and  are 
opposing  unanimously  and  consistently  the  per- 
fecting of  the  Constitution,  so  that  the  people 


may  adopt  it.  I  cannot  use  the  term  '•  caucus 
dictation,"  because  that  was  ruled  out  the  other 
day.  but  I  will  say  that  they  are  opposing  it 
consistently  and  unanimously. 

Mr.  DUNNE.  I  rise  to  a  point  of  order.  The 
gentleman  cannot  impugn  the  motives  of  other 
members.  I  will  not  make  the  point  of  order 
however,  if  the  gentleman  will  specify  instances. 

The  CHAIRMAN.  The  Chair  would  have 
taken  notice  of  the  infraction  of  order  before, 
but  for  the  fact  that  the  present  occupant  of 
the  chair  thought  the  gentleman's  remarks  were 
directed  to  him,  and  desired  an  opportunity  to 
reply  hereafter.  Therefore  the  Chair  has  al- 
lowed the  gentleman  to  proceed  in  his  line  of 
remark. 

Jlr.  FITCH.  I  beg  leave  to  state  that  I  have 
impugned  no  man's  motives,  and  do  not  intend 
to  do  so. 

Mr.  STUETEVANT.  I  think,  perhaps,  the 
gentleman  refers  to  me. 

Mr.  FITCH.     Not  at  all. 

Mr.  STUllTEVANT.  Well,  I  will  inform  the 
gentleman,  then,  that  he  has  hit  my  course  to  a 
dot.  [Laughter.]  Provided  the  Constitution 
is  trained  in  .such  a  shape  that  I  can  recom- 
mend it  to  my  constituents,  I  shall  do  so,  and 
if  it  does  not,  I  shall  not.  I  am  not  willing  to 
go  home  to  my  constituents  and  tell  my  neigh- 
bors a  lie  about  anything — at  least,  not  unless 
I  can  make  money  by  it.  [Laughter.]  If  the 
Constitution  is  got  up  in  that  kind  of  a  shape 
that  I  can  conscientiously  recommend  it  for 
them  to  adopt,  I  shall  do  so  ;  otherwise,  I  shall 
not. 

The  CHAIRMAN.  The  gentleman  from 
Storey  will  proceed. 

Mr.  FITCH.  Mr.  Chairman- 
Mr.  CHAPIN.  I  rise  to  a  point  of  order.  It 
is  this:  that  time  is  being  consumed  here,  day 
after  day,  and  hour  after  hour,  by  gentlemen 
imi)ugning  the  motives  of  others,  and  constantly 
departing  from  the  line  of  argument ;  and  I  do 
insist  that  it  is  the  duty  of  the  presiding  officer 
to  compel  every  member  to  adhere  strictly  to 
the  business  before  the  Convention.  We  shall 
not  get  through  for  a  month  to  come,  unless 
gentlemen  are  confined  strictly  to  what  is 
really  before  the  Convention. 

The  CHAIRMAN.  The  Chair  has  already 
stated  the  circumstance  under  which  he  toler- 
ated remarks  which  he  not  only  believed  to  be 
out  of  order,  but  which  the  gentleman  himself 
must  have  known  were  not  in  order. 

Mr.  FITCH.  I  only  wish  to  say  that  my  col- 
league has  spoiled  one  of  the  be.st  jokes  he  ever 
heard  in  his  life.     [Laughter.] 

The  CHAIRMAN.  1  ne  gentleman  will  pro- 
ceed in  order. 

Mr.  FITCH.  It  seems,  as  a  Hibernian  phil- 
osopher once  remarked,  that  the  arrow  which 
was  aimed  at  random  has  hit  the  mark  it  was 
intended  to  strike.  [Laughter.]  I  was  going 
to  say  only  that  those  gentlemen  having  failed 
to  secure  the  adoption  of  the  views  entertained 
by  themselves  and  their  constituents,  now  seem. 


15th  day.] 


TAXATION. 


513 


Wednesday,]  Johxsox— Fitch— TozER—BROsxAN—STrRXEVANT— Warwick.  [July  20. 


by  a  most  remarkable  coincidence,  to  be  all 
united  in  opposing  what  is  designed  to  perfect 
the  instrument,  so  as  to  make  it  acceptable  to 
the  people.  I  have  accepted  this  substitute  for 
Section  2.  because  I  believe  it  will  cover  all 
the  ground  originally  contemplated.  It  will 
restrict  the  action  of  the  Legislature  ;  it  will 
be  acceptable  to  the  people,  and,  if  adopted,  it 
will,  in  my  judgment,  secure  the  i^assage  of  the 
Constitution. 

[Mr.  Ckosmax  in  the  Chair.] 

Mr.  JOHNSON.  I  think  the  gentleman  from 
Storey.  (Mr.  Fitch,)  has  assumed  much  for 
those  whom  he  saj's  are  opposed  to  the  Con- 
stitution. I  may,  or  I  may  not  be  one  of  that 
number.  But  as  for  ray  opposition  to  this  prop- 
osition, gentlemen  will  bear  witness  that  I 
stated,  so  far  as  the  first  section  is  concerned, 
that  I  was  opposed  to  it,  and  the  gentleman 
from  Storey  concurred  with  my  views  in  that 
regard,  by  withdrawing  it  and  substituting 
another.  That,  so  far  as  I  have  heard  from  any 
member  who  advocates  the  views  of  the  gen- 
tleman from  Storey,  or  from  any  member  wto 
was  opposed  to  my  views  in  the  matter  of 
taxation,  has  entirely  met  with  their  concur- 
rence and  approval ;  and  no  member  had 
spoken  to  the  particular  matter  when  the  gen- 
tleman from  Storey,  (Mr.  Fitch.)  just  now  ai'ose. 
except  those  who  concurred  with  him  on  the 
subject  of  taxation.  The  gentleman  from  Hum- 
boldt. (Mr.  Banks.)  had  spoken,  and  the  gentle- 
man's two  colleagues,  (Mr.  Earl  and  Mr.  Col- 
lins.) and  I  believe  none  other,  except  that  the 
gentleman  from  Washoe,  (Mr.  Nourse,)  may 
have  said  a  few  words. 

Mr.  FITCH.  And  the  gentleman's  colleague, 
Mr.  Lockwood. 

Mr.  JOHNSON.  My  colleague  is  abundantly 
able  to  defend  himself  against  the  charge  of 
inconsistency.  The  gentleman  from  Storey 
has  been  apparently  desirous  all  the  while  to 
leave  these  various  matters  to  the  Legislature — 

Mr.  FITCH.  I  wish  to  say.  if  the  gentleman 
will  permit  me,  that  I  did  not  fire  my  gun  at 
the  gentleman  from  Ormsby,  at  all ;  neverthe- 
less, the  gentleman  from  Ormsby  will  remem- 
ber that  the  only  two  members  of  the  Conven- 
tion who  have  from  the  first  declined  to  say  on 
this  floor  that  they  were  in  favor  of  the  adop- 
tion of  a  State  Constitution,  were  the  gentle- 
man from  Humboldt.  (Mr.  Dunne,)  and  the 
colleague  of  the  gentleman  from  Ormsby,  (Mr. 
Lockwood.) 

Mr.  JOHNSON.  But  I  understand  that  the 
remarks  of  the  gentleman  from  Storey  were 
not  directed  to  what  had  been  said  in  the  Con- 
vention. His  remarks,  I  apprehend,  took  a 
much  wider  range  than  that.  I  suppose  the 
gentleman  referred  not  to  what  has  been  spoken 
here,  but  elsewhere. 

Mr,  TOZER.  If  the  gentleman  will  allow 
me — as  the  time  for  the  special  order  has  ar- 
rived— I  will  move  that  the  committee  rise,  re- 
port progress,  and  ask  leave  to  sit  again, 

Mr.  BROSNAN.    I  would  like  to  say  only 

a7 


this,  inasmuch  as  my  friend  on  my  right  here 
has  had  his  laugh  upon  the  Hibernian  philoso- 
pher, that  there  was  an  old  philosopher  once 
who  said  that  men  were  endowed  with  but  one 
tongue  and  two  ears,  in  order  that  they  may 
hear  more  and  talk  less.  [Laughter.] 
_  The  question  was  taken  on  Mr.  Tozer's  mo- 
tion, that  the  committee  rise,  report  progress, 
and  ask  leave  to  sit  again,  and  it  was  agreed  to. 

IX   COXVEXTION. 

The  PRESIDENT  having  resumed  the  chair. 
The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Article  XI,  entitled  Salaries,  had  made  some 
progress  therein,  and  had  instructed  him  to 
ask  leave  to  sit  again. 

The  report  was   accepted,   and    leave  was 
granted  accordingly. 


The  Convention  resumed  consideration,  as  the 
special  order  for  eleven  o'clock,  of  Article  X, 
entitled  Taxation. 

The  PRESIDENT.  The  question  before  the 
Convention  is  the  motion  of  the  gentleman 
from  Washoe  (Mr.  Sturtevant)  to  recommit  the 
article  to  the  Committee  of  the  Whole,  with 
special  instructions  to  amend  by  inserting  be- 
fore the  word  '•  proceeds  ''  the  word  "  gross." 

Mr.  STURTEV.ANT.  I  wish  to  offer  an  amend- 
ment to  take  the  place  of  the  amendment 
now  before  the  Convention,  because  that  was 
proposed  merely  on  the  spur  of  the  moment. 
I  move  to  recommit  the  article,  with  instruc- 
tions to  amend  the  same  by  striking  out  the 
words  "proceeds  of,"  and  inserting  in  lieu 
thereof  the  words,  "  bullion  produced  by," 
so  that  it  will  read,  "  except  mines  and  mining 
claims,  the  bullion  produced  by  which  alone 
shall  be  taxed." 

Mr.  WARWICK.  I  presume  that  there  are 
very  few  gentlemen  in  the  Convention  who 
have  changed  their  minds  on  this  subject  since 
the  matter  was  previously  tested.  I  have  not 
desired  to  shut  off  any  debate,  and  would  not 
wish  to  do  so  now  if  the  Convention  really 
deem  that  any  further  discussion  is  necessary  ; 
but  merely  to  ascertain  what  the  opinion  of  the 
Convention  is,  and  to  save  valuable  time,  I 
move  to  lay  that  motion  on  the  table. 

The  motion  to  lay  on  the  table  was  not  sec- 
onded. 

The  question  was  stated  on  Mr.  Sturtevant's 
motion  to  recommit  with  instructions,  as  modi- 
fied by  him. 

Mr  TOZER.  I  most  earnestly  and  sincerely 
hope  that  this  motion  will  not  prevail.  I  have, 
heretofore,  when  this  subject  has  been  under 
discussion,  expressed  my  views  upon  it  as  fully 
as  I  deemed  that  the  necessities  of  the  case  re- 
quired, and  I  have  seen  no  reason  whatever  to 
change  the  views  which  I  then  expressed.  Since 
that  time  I  have  spent  three  or  four  days  among 
my  constituents  in  Storey  County,  and  have 
taken  occasion  to  converse  with  them  fully  and 


514 


TAXATION. 


[15th  day. 


Wednesday,] 


Banks— Sturtevant — Brosnan. 


[July  20. 


to  great  length  on  this  subject,  and  I  find  that 
the  clause,  as  it  was  passed  to  engrossment 
lioiv  after  a  very  lengthy  discussion,  meets  with 
their  approval. "  It  meets  with  the  approval  not 
only  ot  those  who  represent  mining  property, 
but'also  ot  those  who  represent  other  property 
there  -mining  property,  real  estate,  and  all 
other  ijruperiy  wliich  is  subject  to  taxation  un- 
der tliat  provision.  Therefore  I  trust  that  no 
amendnu'ut  will  be  made,  and  I  will  not  at- 
tempt to  present  any  further  argument  on  the 
subject. 

Mr.  BANKS.  I  am  very  free  to  confess,  that 
with  all  my  opposition  to  taxing  the  mines  in- 
discriminately. 1  do  not  see  the  very  serious 
objections  t(")  this  proposed  amendment  that 
some  gentlemen  seem  to  entertain— that  is,  as  a 
matter  of  theory.  On  the  whole,  I  am  rather 
inclined  to  think  that  the  wisdom  and  experi- 
ence of  the  Legislature  will,  in  tlie  course  of  a 
verv  short  time,  if  not  immediately,  lead  them 
to  the  conclusion  to  adopt  this  mode,  which  has 
already  been  adopted  by  the  United  States 
Goveriiment.  At  the  same  time  I  do  see  objec- 
tions to  absolutely  prescribing  in  the  Constitu- 
tion what  shall  be  the  mode  of  action  adopted 
in  the  taxing  of  the  proceeds  of  the  mines. 
There  is  one  objection  which  now  occurs  to 
me.  It  is  well  known  that  there  are  ores 
which  are  called  •'  refractory,"  which  can  not 
l)f  profuably  worked  by  processes  in  use  at 
present  within  our  limits,  and  it  is  therefore 
necessary  to  send  such  ores  to  San  Francisco, 
and  sonu'times  even  to  Europe  for  reduction. 
The  value  of  such  ore  is  very  easily  ascertained; 
indeed  in  practice,  it  is  definitely  ascertained, 
so  that  the  owiu'rs  are  able  to  obtain  advances 
upon  it  before  it  leaves  the  Pacific  coast.  There 
is,  therefore,  no  great  ditticulty  to  be  encoun- 
tered in  ascertainu)g  the  product  of  the  mine,  in 
ore,  and  the  Legislature  may  hereafter  see  fit  to 
provide  .some  means  of  taxing  the  ore,  in  cases 
where  the  bullion  is  not  produced.  I  see  diffi- 
culties coming  up  which  render  this  proposi- 
tion more  objectionable  than  the  one  we  orig- 
inally adopted.  That  leaves  the  Legislature 
full  scope  to  ascertain  the  best  manner,  and 
decide  just  how  the  proceeds  of  the  mines  shall 
be  taxed  :  and  in  my  opinion,  their  experience 
and  observation  would  ))e  a  better  rule  upon 
which  to  act  tluin  anything  v.hich  we  should  be 
likely  to  adopt  here,  from  our  knowledge  at  the 
present  timi;. 

.Mr.  S'J'UUTEVANT.  My  object  in  intro- 
ducing this  amendment,  is  that  this  mattc^rmay 
be  finally  ami  ddiuitely  settled.  It  is  well 
known  that  this  same  question  has  been  very 
warmly  contested  in  every  l.,egislature  that  has 
convened  iu  this  Territory,  and  if  we  leave  it 
open  it  will  be  made  an  issue  in  every  future 
election,  as  to  whether  the  mines  shall  be  taxed 
on  their  gross  proceeds,  or  on  their  net  pro- 
ceeds. And  in  case  it  is  determined  to  tax  only 
the  net  proceeds,  it  will  anunint  to  a  mere 
nothing.  That  is  the  difficulty  we  have  to  en- 
counter.    By  cunning  management  those  pro- 


ceeds can  be  cut  down  so  that  even  the  Gould 
&  Curry  will  have  little  or  nothing  to  pay  in 
the  way  of  taxation.  The  Legislature  can  put 
it  in  such  a  shape  that  if  the  net  proceeds  only 
are  taxed  we  shall  get  no  revenue  whatever 
from  the  mines.  Now  I  am  satisfied  that  the 
people  in  the  counties  which  are  not  altogether 
mining  counties,  are  not  willing  to  enter  into  a 
State  Government  unless  this  amendment,  or 
soiue  similar  one,  is  adopted.  This  question 
has  been  argued  here  for  days  and  days,  and  if 
we  do  not  settle  it,  why  should  it  not  be  argued 
in  the  same  way  in  the  Legislature?  It  has 
been,  as  I  before  remarked,  made  an  issue  in 
every  election,  and  it  is  bound  to  be  made  an 
issue  in  every  election  hereafter,  and  an  issue 
in  every  Legislature  hereafter  convened.  It 
will  be  debated  in  both  branches  of  the  Legis- 
lature, and  will  create  hard  feelings,  as  it  al- 
ready has  done.  I  am  strongly  in  hojjes  that 
some  amendment  of  this  character  will  be 
adopted.  It  really  cannotbe  deemed  advisable 
for  us  to  enter  into  a  State  Government,  with  a 
large  proportion  of  the  people  of  the  Territory 
directly  adverse  to  it.  Certainly  that  is  not 
good  policy,  as  all  who  hear  me  will  admit. 
We  are,  or  at  least  we  should  be,  a  united  peo- 
ple ;  and  unless  we  are  a  united  people  it  will 
not  be  po.ssible  for  us  to  sustain  a  State  Gov- 
ernment. 

There  is  another  point  on  which  I  was  going 
to  speak  last  night.  The  figures  show,  and  sev- 
eral members  here  are  in  possession  of  them, 
that  there  is  n(jw  a  Territorial  debt  of  three 
hundred  and  ten  thousand  dollars,  and  here  I 
will  say  that  there  would  not  have  been  any 
such  Territorial  debt  at  this  time  had  it  not 
been  for  an  agreement  which  was  entered  into 
by  the  representatives  of  the  different  counties, 
that  the  mines  should  be  taxed  in  order  to  liqui- 
date that  indebtedness.  I  refer  particularly  to 
the  act  for  the  encouragement  of  volunteering, 
which  appropriates  a  hundred  thousand  dollars, 
and  I  know  that  act  would  not  have  been  passed, 
but  for  such  an  agreement.  Now,  sir,  by  pass- 
ing this  article  without  the  amendment  I  have 
proposed  you  repudiate  that  action  and  violate 
the  agreement  then  entered  into,  that  such  and 
such  things  should  be  done.  That  agreement 
was  fairly  made,  at  that  time,  and  will  those  min- 
ing counties,  through  their  representatives  in  this 
Convention,  now  turn  around  and  say  that  it 
shall  not  be  carried  out? 

Mr.  BR(  )SNAN.  I  must  confess  that  I  was  in 
favor  of  the  proposition  which  has  been  pre- 
sented by  my  friend  from  Washoe  (Mr.  Sturte- 
vant)  up  to  a  certain  moment  this  morning,  be- 
cause I  thought  it  would  be  the  most  certain 
way  of  getting  at  the  results  of  the  ])roceeds  of 
the  mines,  to  insert  that  word  "  bullion.''  I 
learn  however  from  inquiry  that  the  same 
amount  of  revenue  would  not  be  realized,  as 
would  be  by  leaving  the  provision  as  it  is. 
And  inasmuch  as  tny  vote  will  be  governed, 
on  this  question,  entirely  by  my  judgment,  on 
the   light  before  me,  as  to  which  proposition 


15th  day.] 


TAXATION. 


515 


Wednesday,]        Earl— Collins— Haines— Banks— Nodrse—Bkosnan—Hovey. 


[July  20. 


will  produce  the  most  revenue  to  the  govern- 
ment from  the  taxation  of  the  mines,  and  be- 
lieving as  I  do  from  what  I  have  learned  that 
much  ore  of  great  value — in  fact,  the  first  class 
of  ore — has  been  heretofore,  and  will  continue 
to  be  transported  to  foreign  countries  for  re- 
duction, vvithout  having  the  bullion  extracted 
here,  I  shall  vote,  on  that  ground  alone,  against 
this  amendment. 

Mr.  EARL.  I  think  I  can  offer  an  amend- 
ment which  will  cover  that  ground.  It  is  to  in- 
sert after  the  word  "  bullion  ''  the  words  "  and 
ores  leaving  the  State." 

Mr.  COLLIXS.  I  rise  to  a  point  of  order.  It 
occurs  to  me  that  last  night,  at  the  time  when 
this  subject  was  made  the  special  order  for 
eleven  o'clock  to-day,  the  question  was  upon 
an  amendment  to  insert  the  word  ••  gross  ''  be- 
fore the  word  "  proceeds,"'  and  I  think  that  was 
the  amendment  stated  this  morning. 

Mr.  HAINES.  I  do  not  remember  that  any 
one  referred  to  the  word  "  gross  "  in  the  de- 
bate last  night  except  myself.  I  asked  as  a 
special  favor  that  that  word  should  be  inserted, 
and  I  believe  it  was  at  my  request  that  the 
amendment  was  offered,  as  a  compromise. 

The  PRESIDENT.  The  Secretary  will  state 
the  condition  of  the  question. 

The  SECRETARY.  The  question  last  night 
was  on  the  motion  of  the  gentleman  from 
Washoe,  (Mr.  Sturtevant,)  to  recommit  the  arti- 
cle, with  instructions  to  insert  the  word  ''  gross." 
This  morning  the  gentleman  from  Washoe,  the 
Secretary  presumed  with  the  consent  of  the 
Convention,  modified  his  amendment,  and  has 
presented  it  in  another  shape. 

The  PRESIDENT.  As  no  action  has  been 
taken  by  the  Convention,  giving  consent  to  the 
withdrawal  of  the  oi'iginal  amendment,  the 
proposition  offered  by  the  gentleman  from 
Washoe  this  morning  will  be  considered  as  an 
amendment  to  his  own  amendment. 

Mr.  BANKS.  I  will  inquire  whether  leave 
was  not  given  to  withdraw  the  first  amend- 
ment ?     I  so  understood  it. 

Mr.  EARL.     I  understood  it  so. 

The  PRESIDENT.  No  motion  was  made  to 
that  effect ;  but  the  Chair  was  not  prepared  to 
say  what  the  pending  question  was,  when  the 
amendment  was  presented  this  morning,  not 
having  heard  the  minutes  of  yesterday's  pro- 
ceedings re  id. 

Mr.  EARL.  I  understood  that  unanimous 
leave  was  given  the  gentleman  from  Washoe  to 
change  his  amendment,  and  upon  that  I  have 
offered  this  as  an  amendmeat  to  his  amend- 
ment. Now  so  far  as  the  proceeds  of  the  mines 
are  concerned,  I  am  perfectly  willing  that  the 
word  "  bullion  "  should  be  inserted,  if  it  be  the 
desire  of  the  Convention ;  but  I  think  as  has 
been  already  said,  that  we  should  endeavor  in 
some  way  to  reach  that  finest  and  best  class  of 
ores  which  is  constantly  leaving  the  State.  I 
think  the  amendment  I  have  offered  will  cover 
that  ground. 

The  PRESIDENT.    In  any  event,  the  gentle- 


man's amendment  will  be  in  order,  being  only 
an  amendment  to  an  amendment. 

Mr.  EARL.  Now  under  this  amendment  we 
can  reach  the  bullion  ;  no  person  doubts  that. 
There  is  the  ore  constantly  leaving  the  State, 
and  we  can  and  should  tax  it.  Under  the 
amendment,  as  proposed  by  the  gentleman  from 
Washoe,  there  would  be  a  question  of  doubt, 
but  by  the  insertion  of  the  amendment  I  have 
offered,  I  think  the  entire  ground  will  be  cov- 
ered. 

Mr.  NOURSE.  I  would  like  to  make  a  sug- 
gestion in  regard  to  that.  I  would  like  to  in- 
quire of  the  gentleman  from  Storey,  (Mr.  Bros- 
nan.)  who  has  taken  certain  ground  in  regard 
to  this  matter,  whether  it  is  by  any  means"  ap- 
parent that  this  will  secure  a  greater  amount 
of  revenue  than  the  other  proposition  ?  Ad- 
mitting all  that  the  gentleman  says  in  regard  to 
the  ores  which  are  leaving  the  State,  still  I  un- 
derstand that  the  amount,  or  relative  value  of 
those  very  valuable  ores  is  comparativelv 
small— that  by  far  the  greater  amount  of  the 
proceeds  of  the  mines  is  from  what  is  called 
third  class  ore.  That  is  the  case  witli  the 
Gould  &  Curry  mine,  I  understand.  Certainly 
a  vast  proportion  of  the  gold  and  silver  now 
produced,  is  from  ore  which  is  reduced  within 
the  Territory. 

Mr.  BROSNAN.  That  is  because  of  the  great 
quantity  of  that  class  of  ore  produced. 

Mr.  NOURSE.  Precisely.  Now  I  understand 
from  another  gentleman  from  Storey,  (Mr.  IIo- 
vey,)  one  who  has  had  experience  as  Assessor 
in  Virginia  City,  that  the  Gould  &  Curry  Min- 
ing Company  returned  to  him  an  amount  of 
something  over  two  millions  of  dollars,  as  the 
amount  of  their  gross  proceeds,  while  the 
amount  of  bullion  really  produced  was  over 
four  millions. 

Mr.  HOVEY.    From  three  to  four  millions. 

Mr.  NOURSE.  Well,  nearly  four  millions.  I 
think  their  report  shows.  Now  it  is  claimed  by 
some,  and  I  know  that  other  gentlemen  here 
whose  opinions  are  entitled  to  the  highest  re- 
spect agree  with  them,  that  the  decision  in  re- 
gard to  what  constitutes  the  proceeds  of  a  mine, 
was  an  iniquitous  one.  It  does  seem  to  me,  as 
a  matter  of  law,  however,  that  that  decision 
was  correct — and  I  say  it  with  all  due  respect 
for  the  opinions  of  gentlemen  who  differ  from 
me.  It  seems  to  me  that  the  ground  they  took 
is  tenable,  and  that  no  other  ground  is.  Clearly, 
the  proceeds  of  a  mines  are  nothing  else  than 
the  value  of  the  ore  delivered  at  the  mouth  of 
the  mine.  If  after  that,  by  sending  the  ore  to 
the  mills  and  having  it  reduced,  its  value  is  in- 
creased, that  increase  is  the  product  of  the  mill 
and  not  of  the  mine  ;  and  if  you  may  take  the 
value  of  the  bullion  after  this  additional  labor 
is  put  upon  it,  to  purify  it  from  everything  ex- 
cept the  clear  metal,  if  you  may  add  to  the 
value  of  the  ore  as  it  comes  from  the  mine,  the 
labor  and  material  laid  out  upon  it  at  the  mill, 
why  may  you  not  go  further,  and  add  the  labor 
which  is  expended  in  converting  it  into  watches. 


510 


TAXATION. 


[15th  day. 


■Wednesday,] 


McClinton — Stl'rtevant — NOURSE. 


[July  20. 


fingci-rings,  jewelry,  and  everything  of  that  de- 
B  -ription  V  It  seems  to  nie  that  the  proceeds  of 
the  mines  can  be,  in  any  point  of  view,  only 
the  value  of  the  ore  as  it  is  delivered  at  the 
mouth  of  the  mine.  The  bullion  contained  in 
the  ore.  if  it  cost  one  thousand  dollars  to  get  it 
out,  is  not  to  b(!  taken,  it  seems  to  me,  as  the  pro- 
ceeds of  the  mine,  because  it  is  really  the  pro- 
ceeds of  the  mine  and  mill.  Now  by  this  amend- 
ment, the  wliole  value  of  the  bullion,  when  ex- 
tracted, is  taken  into  the  account.  Does  it  make 
any  ditference,  practically,  whether  the  reduc- 
tion takes  place  in  this  State  or  out  of  it  ?  If  it  is 
sent  out  of  the  State,  and  if  it  is  the  property 
of  the  miner,  as  of  course  it  is,  is  it  not  taxable 
just  the  same  as  if  it  were  reduced  in  the  State  ? 
We  have  no  lien  upon  it,  nor  have  we  upon  any 
personal  property,  unless  we  happen  to  get 
hold  of  it  on  a  judgment ;  but  is  there  any  im- 
proi)riety  in  the  taxation  of  the  bullion,  even  if 
the  reduction  is  performed  outside  of  the  State? 
Certainly,  that  is  the  way  it  appears  to  me. 

But  1  will  not  take  up  the  time  of  the  Con- 
vention. I  do  not  expect  that  this  clause  will 
be  amended  in  accordance  with  my  opinions  of 
what  is  right,  but  I  still  have  those  opinions, 
notwithstanding  they  are  sneered  at.  But  if 
we  are  going  to  have  a  State  Constitution,  I 
want  it  as  nearly  right  as  I  can  get  it,  and  then 
if  it  does  not  suit  me,  of  course  I  shall  not  sus- 
tain it.  It  seems  to  me  that  the  result  of  this 
proposition  will  be  to  tax  all  the  gold  and  sil- 
ver taken  from  the  mines  after  it  gets  into  the 
shape  of  bullion — its  whole  value  in  that  stage, 
which  even  then  is  not  a  third  part  of  the  value 
of  the  mines  :  while  on  the  other  hand,  by  tax- 
ing the  gross  proceeds  only,  those  ores  in  their 
crude  state  will  be  taxed  without  the  additional 
value  acquired  in  the  process  of  reduction.  I 
should  suppose  from  the  information  derived 
from  tlie  gentleman  from  Storey,  (Mr.  Hovey,) 
that  the  bullion  tax  would  produce  double  the 
amount  of  revenue  that  Avould  be  obtained 
from  a  tax  upon  the  proceeds,  or  the  gross  pro- 
ceeds. I  presume  no  one  will  deny  that  I  am 
riglit  in  that. 

.Mr.  McCLINTOX.  I  do  not  think  that  the 
propii-iitidn  of  the  gentleman  from  AVashoe 
(Mr.  Xoursc)  is  tenable,  nor  do  I  believe  that 
it  is  cither  hiw  or  <'(iuity  ;  becau.se  if  we  say 
that  the  (rould  it  Curry  Company  in  giving  in 
their  assessable  bullion  to  the  Assessor  of  Sto- 
rey County  at  the  sum  of  only  two  millions  of 
dollars,  when  it  actually  amounted  to  nearly 
f(jur  millions,  was  only  doing  what  they  had  a 
le^Ml  right  to  do,  then  it  occurs  to  me — if  tliat 
may  be  rcgurdiMl  as  the  proceeds  of  the  mines, 
ruling  out  the  gross  jiroceeds  entirely — that  for 
the  same  reason  the  fanner  might  ))e  exemi)t<'d 
from  i)aying  taxes  on  anything  but  the  net  i)ro- 
cei'ds  of  his  farm.  Sujjpose  a  farmer  raises  a 
crop  of  wheat ;  by  the  time  he  has  it  ready  for 
the  uuirket  it  lias  cost  him  a  good  deal  of 
money.  Say  it  is  worth  one  thousand  dollars, 
and  it  has  cost  him  five  hundred  dollars  to 
raise  it  and  get  it  ready  for  market ;  then  I  say 


upon  that  same  principle  he  would  be  taxed 
upon  only  five  hundred  dollars  on  that  which 
is  reallv  worth  a  thousand  dollars. 

Mr,  "STURTEVANT,  The  gentleman  from 
Esmeralda  will  observe  that  neither  the  gross 
proceeds  nor  the  net  proceeds  are  taxed  on 
i-anches,  but  the  ranch  itself,  and  all  the  im- 
provements, and  everything  else,  are  taxed  as 
we  proposed  in  the  start  to  tax  the  mines.  But 
inasmuch  as  we  could  not  get  that,  we  propose 
to  tax  the  proceeds  as  the  next  best  thing  we 
can  get.  The  farmer's  crops  are  exempted, 
because  his  ranch  and  everything  he  is  worth 
is  taxed,  which  includes  his  crops. 

Mr.  NOURSE.  The  position  which  these 
miners  take,  and  which  I  think  is  law,  although 
others  say  it  is  not,  is,  that  the  product  of  the 
mine  is  ore,  and  that  when  you  send  that  ore 
to  the  mill,  and  after  it  has  gone  through  the 
mill  it  is  worth  twenty  five  or  fifty  dollars  a  ton 
more,  as  the  case  may  be,  that  additional  twen- 
ty-five or  fifty  dollars  is  the  product  of  the  mill 
and  not  of  the  mine,  just  as  in  the  case  of  the 
former,  whom  the  gentleman  from  Esmeralda, 
(Mr.  McClinton,)  speaks  of,  who  raises  a  crop 
of  wheat — he  is  to  be  taxed  on  the  product. 
But  suppose  he  chooses  to  go  and  get  his  wheat 
milled,  and  barrelled,  and  put  into  a  shape  for 
market,  would  he  be  properly  taxed  on  the 
flour,  after  he  had  paid  the  expense  of  milling  ? 
Would  he  not  claim  it  to  be  a  tax  on  the  wheat 
rather  than  on  the  flour? 

Mr.  McCLINTON.  I  think  not.  I  think  if  a 
farmer  raises  a  crop  of  wheat,  and  has  it  ready 
for  the  mill,  and  it  is  then  worth  five  hundred 
dollars,  and  if,  by  converting  it  into  flour,  he 
thereby  produces  a  personal  property  worth 
one  thousand  dollars,  it  is  nothing  but  justice 
that  he  should  be  taxed  for  one  thousand  dol- 
lars on  that  property — that  is,  that  he  should 
be  taxed  on  the  flour,  and  not  on  the  flour  in 
its  crude  state,  or  the  grain. 

Mr.  NOURSE.  I  do  not  think  the  gentleman 
understands  me.  I  say  suppose  the  farm  is  not 
to  be  taxed,  except  upon  the  proceeds  of  it? 

Mr.  McCLINTON.  I  think  it  should  be  taxed 
on  the  state  it  is  in  at  the  time  when  the  assessor 
levies  the  tax.  If  it  is  flour  the  farmer  should 
be  taxed  on  the  value  of  the  flour,  and  if  it  is 
wheat  at  the  time  the  tax  is  levied,  he  should 
be  taxed  on  the  value  of  the  wheat.  And  as  to 
the  mine,  if  the  bullion  is  in  the  ore.  let  the 
miner  be  taxed  on  the  ore  for  its  probable 
value,  and  if  it  has  been  reduced  to  bullion  be- 
fore the  Assessor  levies  the  tax,  then  it  has  be- 
come personal  property  and  the  Assessor  must, 
according  to  law,  tax  the  bullion  for  every  dol- 
lar it  is  worth.  If  he  does  not  do  that,  it  is 
clear  to  my  mind  that  he  does  not  fulfil  the  du- 
ties of  his  office. 

I  have  nothing  more  to  say  only  this  :  that 
I  believe  honestly  when  we  say  the  proceeds 
of  the  mines  shall  be  taxed,  it  does  mean  the 
gross  proceeds.  I  do  not  see  how  we  can  con- 
strue it  to  mean  anything  else.  Because,  when 
we  say  all  property  shall  be  taxed,  the  crops, 


15th  day.] 


TAXATION. 


517 


Wednesday,] 


Haines — Warwick — Earl — Frizell. 


[July  20. 


as  a  matter  of  course,  as  soon  as  they  are  grown 
and  harvested,  must  be  taxed  regardless  of  the 
cost  of  raising  them  ;  whereas,  if  the  net  pro- 
ceeds alone  have  to  come  under  consideration, 
the  expense  of  raising  the  crops  would  have  to 
be  deducted.  It  is  the  same  way  with  the  tax- 
ation of  the  mines.  If  you  say  the  proceeds  of 
the  mines  shall  be  taxed,  I  infer  that  it  neces- 
sarily means  the  gross  proceeds,  and  that  the 
whole  proceeds  will  be  taxed. 

Mr.  HAINES.  I  asked  for  this  amendment 
as  a  favor  from  those  gentlemen  who  had  the 
power  to  pass  the  article  as  it  stood,  or  to  con- 
cede to  us  this  modification.  I  did  not  think 
then,  and  our  delegation  did  not  think,  that  the 
term  "  gross  proceeds  "  could  be  regarded  as 
indefinite.  But  now  gentlemen  seem  to  be  quite 
as  uncertain  what  it  means  as  they  were  in  re- 
gard to  the  oi'iginal  proposition.  I  talked  with 
a  great  many  members  last  night,  and  as  a  gen- 
eral thing  they  expressed  themselves  willing  to 
concede  this  change,  but  thought  that  we  should 
insert  the  word  "bullion"  instead  of  "gross 
proceeds."  They  mostly  expressed  themselves 
satisfied  with  that,  and  I  thought  that  at  all 
events  the  Storey  delegation  was  satisfied  with 
it,  from  all  that  was  said. 

The  PUKSIDENT.  The  gentleman  cannot 
take  up  the  time  of  the  Convention  by  refer- 
ring to  matters  which  occurred  on  the  outside. 

Mr.  HAIXES.  Now  I  am  myself  undecided 
— and  will  not  take  up  the  time  of  the  Conven- 
tion— I  am  wholly  unprepared  to  say  whether 
the  word  "  bullion  "  or  the  word  "  proceeds  '" 
would  be  most  clear.  I  believed,  however, 
that  the  word  "proceeds"  did  not  fully  cover 
the  ground,  and  I  did  desire  to  place  the  word 
"  gross  "  before  it,  so  that  the  language  might 
be  definite,  and  that  there  might  be  no  mistaking 
what  was  meant. 

Mr.  WARWICK.  Will  the  gentleman  allow 
me  to  ask  him  a  question  for  the  purpose  of 
making  up  my  own  mind,  which  is  now  some- 
what undecided?  Suppose  a  farmer,  say  in 
Douglas  County,  should  buy  a  ranch  for  three 
or  four  thousand  dollars,  and  should  that  very 
season  cut  from  it  nine  thousand  dollars  worth 
of  hay,  is  it  the  usual  practice  for  him  to  pay  a 
tax  on  the  three  or  four  thousand  dollars,  as 
the  value  of  the  ranch,  or  on  the  nine  thousand 
dollars  ? 

Mr.  HAINES.  He  pays  on  the  whole.  They 
tax  him  proportionably,  on  the  crop  and  on  the 
land  also.  Every  thing  he  possesses  that  has 
value  he  has  to  be  taxed  upon,  and  he  has  to 
give  in  under  oath  the  entire  value  of  his  ranch 
— hay  and  all.  Generally  the  assessment  of 
taxes  comes  after  the  hay  is  cut,  too,  and  even 
after  the  grain  is  sacked.  There  is  nothing  we 
have  but  what  we  have  to  pay  taxes  on,  and  we 
are  assessed  under  oath. 

Mr.  EARL.  I  was  in  fevor  of  this  amend- 
ment originally,  but  now  I  find  that  it  is  a  ques- 
tion of  some  doubt — a  question  upon  which 
there  has  a  considerable  diversity  of  opinion 
sprung  up  in  the  Convention.    I  thought  in  the 


first  place  that  the  word  "  proceeds "  would 
cover  the  whole  ground,  and  I  still  think  that 
it  would  unquestionably  do  so.  I  shall  there- 
fore fall  back  upon  the  original  proposition, 
not  on  the  ground  of  expediency  alone,  but  be- 
cause it  is  clear  in  my  mind.  And  I  find  also 
that  the  other  delegations  are  not  even  going  to 
be  satisfied  with  this  change.  I  shall  fall  back 
upon  the  term  "  proceeds,"  and  there  remain. 

Mr.  HAINES.  I  asked  this  modification  yes- 
terday as  a  favor,  but  I  have  concluded  to  let 
those  gentlemen  do  as  they  please,  leaving  it 
entirely  in  their  hands.  I  do  not  ask  any  more 
favors. 

Mr.  EARL.  With  the  leave  of  the  Conven- 
tion I  will  withdraw  the  amendment  which  I 
offered. 

The  PRESIDENT.  If  there  is  no  objection, 
the  amendment  will  be  considered  as  with- 
drawn. 

Mr.  FRIZELL.  In  regard  to  a  revenue  law 
which  will  be  uniform  and  equal,  and  which 
will  bear  equally  upon  all  classes  of  property, 
and  upon  all  tax  payers,  I  have  found  that  to 
enact  such  a  law  is  extremely  difficult.  I  begin 
to  think,  in  fact,  that  to  enact  a  revenue  law 
that  will  bear  equally  upon  all  classes  of  tax 
payers  is  an  impossibility,  and  I  profess,  Mr. 
President,  to  be  better  acquainted  with  the 
revenue  laws  than  with  any  other  branch  of  the 
law.  Gentlemen  are  aware  that  in  practice 
property  is  often  taxed  twice.  For  instance,  a 
man  may  hold  a  mortgage,  and  that  is  taxed, 
and  the  property  which  is  mortgaged  is  also 
taxed  ;  and  there  are  other  instances  of  a  simi- 
lar nature  which  I  could  mention.  Now,  sir, 
the  section  as  it  stands  at  present  I  believe  says 
that  the  proceeds  only  of  the  mines  shall  be 
taxed.  This  provision  is  general  and  broad, 
and  of  course  the  taxing  of  the  mines,  or  the 
proceeds  thereof,  is  left  entirely  to  the  Legisla- 
ture. Now,  Mr.  President,  the  remarks  I  have 
to  offer  on  this  subject  will  be  addressed  prin- 
cipally to  the  gentlemen  from  the  agricultural 
counties,  because,  not  to  manifest  any  hypo- 
crisy or  deceit,  I  am  willing  to  admit  fi-ankly 
that  I  came  here  to  do  justice  to  my  constitu- 
ency. But  at  the  same  time  I  came  here  to  do 
justice  to  my  neighbors  also. 

Some  fear  has  been  expi-essed  on  the  part  of 
the  members  from  the  agricultural  counties,  as 
regai'ds  the  election  of  members  of  the  Legis- 
lature, and  the  views  likely  to  be  entertained 
by  the  members  of  the  Legislature  to  come  af- 
ter us.  Now  I  say  to  gentlemen  from  the  agri- 
cultural counties  "that  we  have  two  interests  in 
Storey  County,  and  at  all  the  elections  there,  up 
to  the  present  time,  the  interest  which  is  in  favor 
of  taxing  the  mines  has  prevailed.  A  majority 
of  the  men  in  Storey  County  may  not  own 
largely  in  the  mines  of  Virginia  and  Gold  Hill, 
but  there  are  many  men  who  own  mills  that  do 
not  own  mines,  and  there  are  very  many  others 
who  own  cabins  on  our  hills  and  in  our  valleys 
in  Storey  County,  and  they  wish  to  see  the 
mines  taxed.    Consequently  up  to  the  present 


518 


TAXATION. 


[15th  day. 


Wednesday,] 


IIaixes — Frizell— NouRSE — Eakl — Banks — Collins. 


[July  20. 


tiay — and  I  am  speaking  history  and  facts— the  1 
voters  of  Storey  County,  at  least  the  majority 
of  tlicni.  have  been  in  favor  of  taxing  the  mines. 
I  would  ask  the  gentlemen  from  the  agricultural 
counties  to  pay  attention  to  these  facts,  so  that 
their  minds  may  be  easy  on  this  question,  or  at 
any  rate  as  easy  as  possible,  in  order  that  when 
this  final  vote  shall  be  taken  they  may  at  least 
admit  that  wo  are  willing  in  our  county  to  con- 
cede everything  possible.  And  I  think  the 
other  mining  counties  are  also  willing  to  con- 
cede all  that  they  possibly  can  concede. 

But  the  point  which  I  was  seeking  to  make, 
or  desired  to  establish,  is  this  :  that  in  my  opin- 
ion, in  order  to  benefit  the  agricultural  counties 
to  the  greatest  possible  extent,  this  clause  had 
better  remain  as  it  is.  The  way  the  language 
reads  is,  that  the  proceeds  of  the  mines  shall  be 
taxed.  Now  what  are  the  proceeds  of  the 
mint! '.'  That  term  is  general  and  broad,  and  in 
my  opinion  it  embraces  anything  and  every- 
thing that  proceeds  from  a  mine  and  is  valu- 
able. And  you  will  find  that  the  Legislature 
will  tax  everything  of  that  kind.  I  ask  gentle- 
men 11'  they  do  not  know  that  to  be  the  fact  ?  Do 
they  not  know  that  everything  which  issues 
from  or  comes  out  of  a  mine,  everything  which 
emanates  from  it,  your  Legislature  will  tax  un- 
der that  clause  as  it  stands?  It  may  be  bullion, 
or  it  may  be  ore  ;  it  may  be  ore  which  is  sent 
out  of  the  State  ;  it  may  be  first  class  ore,  or 
second,  third,  fourth,  or  fifth  class  ore  ;  but 
whatever  it  is,  under  that  class  it  must  be  tax- 
ed. Are  not  gentlemen  satisfied  of  that  ?  I 
have  the  best  of  reasons  in  the  world  for  know- 
ing that  such  will  be  the  case,  and  one  of  my 
reasons  is,  that  the  very  life  of  the  Legislature, 
or,  at  least,  their  bread  and  butter,  will  depend 
upon  it.  They  will  have  to  tax  the  proceeds  of  the 
mines  in  order  to  ])ay  the  judges' salaries,  and  the 
compensation  of  other  otticrrs — and  those  judges 
might  be  called  upon  to  decide  this  question, 
although  I  think  they  will  not  be.  I  think  it  is 
perfectly  plain,  and  that  no  question  can  arise 
upon  it.  It  is  for  the  interest,  therefore,  of  the 
Legislature  to  tax  everything  which  proceeds 
or  emanates  from  the  mine  that  is  valuable. 
Not  only  the  bullion  will  be  taxed,  but  on  the 
same  day  when  the  assessor  goes  round  and 
finds  the  bullion,  he  may  also  find  two  hun- 
dred and  fifty,  or  three  hundred,  or  a  thousand 
tons  of  ore.  which  has  proceeded  from  the  mine, 
which  is  pro])erty  that  has  emanated  from  the 
mine,  and  he  will  certainlv  assess  that. 

Mr.  1IAINE.S.  Will  the' gentleman  allow  me 
to  ask  him  a  question  ?  IIow  is  the  assessor  to 
get  at  the  value  of  that  ore  which  is  lying  on 
the  surface  there,  and  of  which  no  man  knows 
the  value? 

Mr.  KIlIZKIiL.  I  will  answer  the  gentleman's 
question.  There  may  J)e  some  little  difficulty, 
the  same  as  there  would  be  if  you  were  called 
upon  to  deciile  what  your  hay  was  worth,  ^'ou 
cannot  tell  what  that  would  be  worth  within 
possibly  ten  dollars  a  ton.  but  there  is  not  much 
difficulty  to  be  apprehended  in  that  respect. 


Mr.  NOURSE.  Suppose  instead  of  bullion 
this  gold  and  silver  were  worked  up  into  jew- 
elry, which  would  be  saleable  at  four  or  five 
times  the  value  of  the  bullion,  would  the  gen- 
tleman say  that  that  was  the  value  of  the  pro- 
ceeds of  the  mine  ?  And  if  he  would  not,  why 
not,  as  well  as  to  say  that  the  bullion  is  the  pro- 
ceeds of  the  mine  ? 

Mr.  FRIZELL.  I  will  answer  the  gentleman 
from  Washoe  in  this  way  :  That  this  bullion 
would  have  been  beneficiated  or  extracted  di- 
rectly out  of  the  ore  ;  then  if  after  that  it  is  re- 
fined still  more  and  made  more  valuable,  then 
some  person  has  added  a  value  to  it — the  jew- 
eler or  silversmith  perhaps — and  consequently 
some  person  must  be  assessed  for  this  added 
value.  It  may  not  be  the  mines,  but  it  will  be 
the  person  at  least  in  whose  hands  it  is  found. 
I  assure  the  gentleman  from  Washoe  that  these 
assessors  are  going  to  get  all  the  property.  You 
of  the  agricultural  counties  admit  that  they  get 
all  yours,  now  ;  you  say  they  nip  everything 
you  have,  and  I  tell  you  they  are  equally  as 
hard  on  us  in  the  mining  counties.  I  gave  or- 
ders to  my  deputies  only  a  few  weeks  ago  to 
assess  Mr.  Wright,  the  Peter  Funk  jeweller  in 
Virginia.  He  has  an  establishment  there,  and 
they  will  nip  that,  because  they  can  get  at  it. 
He  will  be  assessed  upon  forty  thousand  dol- 
lars, for  the  reason  that  he  has  advertised  that 
his  property  is  worth  that  amount.  [Laughter.] 
Now,  gentlemen,  I  am  speaking  between  two 
fires,  for  you  all  know  that  my  colleague  (Mr. 
Tozer)  is  very  extreme  in  his  views. 

The  PRESIDENT.  The  Chair  will  suggest  to 
the  gentleman  that  it  is  now  nearly  twelve 
o'clock,  and  unless  the  Convention  desires  to 
leave  this  business  unfinished,  some  action 
should  be  taken  upon  it  very  soon. 

Mr.  EARL.  I  move  that  the  time  for  rece-ss 
be  extended  tmtil  half-past  twelve  o'clock,  or 
until  this  business  is  disposed  of 

The  question  was  taken  on  Mr.  Earl's  motion, 
and  on  a  division  the  motion  was  agreed  to — 
ayes,  12  ;  noes,  9. 

Mr.  BANKS.  I  understand  that,  in  accord- 
ance with  this  motion,  as  soon  as  we  get  through 
with  this  .subject  the  Chair  will  decide  that  the 
Convention  stands  adjotirned  for  the  recess. 

The  PRESIDENT.     Yes.  sir. 

Mr.  BANKS.  Very  well ;  I  presume  the  time 
is  long  enough  ;  this  is  probably  the  only  speech. 

Mr.  COLLINS.  No,  sir  ;  there  will  be  an- 
other. 

Mr.  FRIZELL.  Some  of  my  remarks  may 
not  be  exactly  in  order,  but  t  hope  I  may  be 
indulged,  nevertheless,  as  this  is  an  intricate  and 
delicate  subject. 

The  PRESIDENT.  The  Chair  hopes  the  gen- 
tleman will  confine  himself  to  the  question  as 
clos(dy  as  possible. 

Mr.  FRIZELL.  What  I  intended  to  say  was 
this,  that  if  the  representatives  of  the  agricul- 
tural counties  really  think  that  by  the  insertion 
of  the  amendment  offered  by  the  gentleman 
from  Washoe,  (Mr.  Sturtevant,)  and  then  adding 


15th  day.] 


TAXATION. 


519 


Wednesday,] 


Sturtevant — Frizell — Collins. 


[July  20. 


to  it  the  amendment  which  was  withdrawn  by 
my  colleague.  (Mr.  Earl,)  they  will  be  able  to 
add  one  cent  to  the  amount  to  be  derived  from 
taxing  the  mines,  beyond  the  amount  which 
would  be  produced  from  that  source  under  the 
clause  as  it  now  stands,  then  I  will  go  with 
them  for  it. 

Mr.  STURTEVANT.  I  will  tell  the  gentle- 
man one  thing,  and  that  is,  that  with  that  amend- 
ment we  will  go  for  the  Constitution,  and  if  it 
is  not  adopted  we  will  not. 

Mr.  FRIZELL.  I  was  advancing  these  argu- 
ments merely  for  the  pui'pose  of  showing  to  the 
representatives  from  the  agricultural  counties 
that  so  far  as  their  interests  are  concerned,  the 
clause  is  better  as  it  stands,  and  while  doing 
that  I  wish  to  talk  to  my  colleague  a  little  as  to 
the  interests  of  Storey  County.  He  must  know 
that  the  Legislature  which  is  to  come  after  us 
will  tax  indiscriminately  every  thing  that  comes 
from  the  mines,  and  he  must  know,  also,  that  if 
we  provide  for  taxing  nothing  but  the  bullion, 
then  nothing  but  the  bullion  can  or  will  be 
taxed,  because  that  is  a  definite  and  single 
term.  The  reason  why  I  address  my  remarks 
to  him  is,  that  he  may  not  rise  up  here  and 
charge  that  I  am  throwing  off  on  the  intere-ts 
of  our  constituent-*.  I  say  we  have  a  double, 
nay,  a  triple  constituency  to  represent  here.  In 
the  first  place  we  have  to  do  justice  to  all  men, 
and  in  the  second  place  we  have  a  double  fcon- 
stituency  in  Store,y  County,  at  least  one  half  of 
whom  desire  that  the  mines  shall  be  taxed,  al- 
though perhaps  the  other  half  hope  that  they 
may  be  taxed  as  lightly  as  possible. 

Having  been  connected  with  the  collection  of 
the  revenue  for  several  years,  in  one  capacity 
and  another,  I  say  to  gentlemen  honestly  that 
my  wish  and  desire  is,  so  far  as  obtaining  a  rev- 
enue from  the  mines  is  concerned,  that  we  should 
suffer  that  section  to  remain  just  as  it  is.  I  do 
not  think  we  can  ])ossibly  amend  it  in  any  way 
by  which  and  through  which  we  shall  reach  the 
same  amount  of  revenue  from  the  mines,  as  we 
shall  if  we  allow  it  to  remain.  Nevertheless, 
as  I  said  before,  if  the  representatives  of  the 
agricultural  counties  think  they  can  do  better 
by  putting  in  "  gross  proceeds  "  or  "  bullion," 
I  will  vote  with  them. 

Mr.  STURTEVANT.  The  gentleman  will 
understand  that  I  did  not  speak  for  any  one 
but  myself,  when  I  said  we  would  go  for  the 
Constitution  with  this  amendment,  and  not 
without  it.  What  I  mean  to  say  is.  that  I  will 
do  whatever  I  can  to  assist  in  securing  the 
adoption  of  the  Constitution,  if  this  amend- 
ment is  inserted. 

Mr.  COLLINS.  I  do  not  design  to  detain  the 
Convention  but  a  few  moments,  but  I  do  ask 
gentlemen  on  both  sides,  if  there  are  two  sides, 
to  see  to  it,  that  what  we  do,  we  do  properly 
and  well.  Now  if  the  word  "  proceeds  "  has 
not  a  clear  and  distinct  legal  meaning,  let  us 
make  it  so.  If  we  do  not  desire  that  an_y  Leg- 
islature, with  voracious  grasp,  shall  lay  hold 
on  all  the  proceeds  of  the  mines — the  gross 


proceeds — in  such  manner  as  shall  be  in  accord' 
ance  with  its  own  best  judgment,  let  us  not 
leave  the  language  so  indefinite  as  to  warrant 
such  a  proceeding ;  but  let  us  make  it  so  plain, 
that  if  an  appeal  should  be  taken,  and  the 
question  adjudicated  by  the  proper  courts,  the 
language  shall  be  so  clear  and  distinct,  if  possi- 
ble, that  we  may  know  beforehand  what  will 
be  the  decision  of  the  courts. 

Now  there  is  too  much  indefiniteness  in  this 
word  "proceeds,"  as  it  is  here  employed,  for 
certainly  when  you  take  from  the  mines  the 
ores  which  exist  in  them,  it  occurs  to  me  that 
those  ores  really  constitute  the  proceeds  of  the 
mines,  and  that  the  milling  part  of  the  opera- 
tion, which  converts  them  into  bullion,  is  some- 
thing subsequent  to  the  proceeds,  and  additional 
thereto.  I  am  inclined  to  think,  therefore,  that 
if  the  question  should  be  carried  up  to  the 
higher  courts,  even  allowing  that  the  Legisla- 
ture would  not  look  upon  it  in  that  light,  the 
courts  might  be  induced  to  do  so,  and  to  decide 
that  the  gross  proceeds  of  the  mines  are  the 
ores,  as  they  are  taken  from  the  mines,  or  the 
bullion,  minus  the  expense  of  teaming,  reduc- 
ing, and  beueficiating  the  ores.  If  that  is  the 
case,  and  that  is  the  desire  of  the  Convention, 
let  us  make  it  plain.  If  our  object  is  to  tax 
the  gross  proceeds  of  the  mines,  as  they  shall 
come  from  the  mills  in  the  form  of  bullion,  let 
us  make  that  plain  ;  and  if  it  be  the  mind  of 
the  Convention  that  it  shall  be  the  net  proceeds, 
in  the  form  of  bullion,  that  shall  be  taxed,  let 
us  make  that  plain.  I  ask  gentlemen  of  the 
Convention  not  to  leave  this  thing  purposely 
and  intentionally  in  such  a  condition  that  it  is 
going  to  offer  a  premium  for  political  corrup- 
tion— a  premium  for  every  description  of  fraud 
at  all  our  general  elections — an  inducement  for 
one  interest  to  conspire  in  its  operations  to 
bring  about  a  certain  measure,  and  for  another 
interest  to  conspire  to  upset  or  defeat  that 
measure.  Such  a  state  of  things  would  have 
an  inevitable  tendency  to  promote  lobbying  in 
the  Legislature  for  all  future  time. 

I  do  think  that  this  kind  of  indefiniteness  is 
something  which  should  be  scouted  and  tram- 
pled upon  by  this  Convention  -  that  we  should 
nu'et  the  question  like  nu>n,  facing  the  issue 
fairly  and  squarely.  Let  each  and  every  mem- 
ber know  what  is  the  opinion,  and  the  honest 
opinion,  of  every  other  member.  For  one,  I 
have  never  allowed  myself  to  train  in  the  com- 
pany of  those  who,  while  they  mean  one  thing, 
say  another.  I  want  to  be  understood  always, 
and  I  want,  so  far  as  my  voice  and  vote  go  in 
this  Convention,  that  there  should  V)e  distinct- 
ness in  their  utterances.  I  do  not  want  in  this 
coming  canvass  to  have  anj^  one  man  say  that 
this  clause  means  one  thing,  while  another 
man  says  that  it  means  another  thing.  I  do 
not  want  to  have  to  say  for  myself  that  I  really 
do  not  know  what  it  means,  but  that  my  opin- 
ion is,  it  means  so  and  so,  and  then  to  have 
another  man  following  me,  and  showing  by 
clear  argument  that  it  means  the  very  opposite. 


520 


TAXATION. 


[15th  da^. 


Wednesday,] 


Noubse—Frizell—Lockwood— Banks— Hawley. 


[July  20. 


I  do  not  want  to  present  the  thing  with  two 
faces— one  face  for  Storey  County,  and  another 
face  for  the  agricultural  counties.  Let  us  de- 
clare clearly  what  we  do  mean,  and  not  prac- 
tically offer  a  premium  for  political  corruption, 
at  every  general  election,  and  in  every  session 
of  the  Legislature. 

Mr.  N0UR8E.  I  wish  to  state,  in  order  to 
avoid  any  doubt  as  to  my  own  position,  my 
colleague.  (Mr.  Sturtevant,)  having  stated  that 
he  would  vote  for  the  Constitution  with  this 
amendment  in  it,  that  I  am  not  prepared  to  go 
so  far  as  to  say  that.  I  do  not  say  that_  I  will 
support  a  Constitution  so  unjust  in  principle  as 
I  think  this  would  be— I  do  not  say  it  is— if  it 
should  make  different  rules  for  different  inter- 
ests, providing  for  the  taxation  of  one  interest 
and  not  for  that  of  another.  I  am  not  prepared 
to  say  that  I  could  vote  for  such  a  Constitution ; 
I  will  leave  that  to  be  decided  hereafter,  upon 
deliberate  and  careful  thought.  I  wish  to  say 
now.  and  I  give  it  for  what  it  is  worth,  that  ray 
ground  for  supporting  this  amendment,  is  sim- 
ply this  :  that  I  think  it  better  than  the  section 
as  it  stands  at  present,  which,  as  all  the  mem- 
bers of  the  Convention  know,  is  in  my  opinion 
very  much  worse  than  the  amendment  I  myself 
offe'red.  I  desired  to  say  this,  only  that  the 
Convention  might  understand  my  position,  and 
that  no  one  might  suppose  I  had  pledged  my- 
self to  vote  for  the  Constitution,  if  this  amend- 
ment were  adopted.  I  do  not  say  that  I  will 
not,  but  I  say  frankly  that  it  does  not  look  to 
me  as  if  I  could  support  a  Constitution  with 
such  a  clause  in  it.  It  seems  to  me — and  my 
only  wish  is  to  be  understood  in  this  matter — 
that  this  clause  providing  for  taxing  the  bullion 
is  much  nearer  right  than  the  section  as  it  now 
stands,  and  therefore  I  shall  vote  for  the  amend- 
ment. 

The  PRE.SIDENT.  The  question  is  upon  the 
motion  of  the  gentlemen  from  Washoe,  (Mr. 
Sturtevant,)  to  amend  the  motion  to  recommit, 
so  as  to  instruct  the  committee  to  amend  Sec- 
tion 1,  by  striking  out  the  words  "  proceeds  of," 
and  inserting  the  words  ■'  bullion  produced  by," 
so  that  the  clause  will  read — "  Except  mines 
and  mining  claims,  the  bullion  produced  by 
which  alone  shall  be  taxed." 

Tlie  question  on  amending  the  motion  to  re- 
commit was  taken  by  yeas  and  nays,  and  the 
vote  was — yeas,  8  ;  nays,  21 — as  follows  : 

Yeas — Messrs.  Belden,  Brady,  CoUius,  Folsom, 
Haines,  Nourse,  Sturtevant,  and  Mr.  President — 8. 

JVays — Messrs.  Banks,  Brosnan,  Cliapin,  Crawford, 
Crosman,  Dunne,  Earl,  FrizeU,  Gibson,  Hawley,  Ho- 
vey,  Hudson,  Kennedy,  Mason,  McClinton,  Murdock, 
Proctor,  TagUabue,  Tozer,  Warwick,  and  Wether- 
ill— 21. 

During  the  voting — 

Mr.  FRIZELL.  1  desire  to  occupy  one  min- 
ute in  explaining  my  vote.  If  I  knew  which 
way  the  majority  of  the  members  from  the 
agricultural  counties  would  vote,  I  would  vote 
with  llicm.  1  have  said  that  I  Uiouglit  the  sec- 
tion woulil  secure  the  greatest  amount  of  rev- 
enue as  it  now  stands. 


Mr.  NOURSE.  I  hope  the  gentleman  will 
vote  as  he  thinks  is  right. 

Mr.  FRIZELL.  I  have  also  said  I  would 
vote  for  the  "  gross  proceeds,"  if  they  desire  it, 
or  I  would  vote  for  levying  the  tax  upon  the 
bullion.     I  will  vote  "  no." 

Mr.  LOCKWOOD.  I  ask  to  be  excused  from 
voting,  and  I  will  give  as  my  reason  for  it,  that 
I  am  not  satisfied  as  to  what  will  be  the  result 
of  this  measure.  I  took  the  pains  to  go  last 
night  to  a  representative  of  our  county  in  the 
Legislature  and  talk  with  him  about  it,  but  he 
seemed  to  be  unable  to  give  me  any  informa- 
tion in  regard  to  the  probable  working  of  this 
measure.  From  the  short  time  I  have  had  to 
investigate  the  subject,  I  really  do  not  know 
how  to  vote. 

Mr.  BANKS.  I  move  that  the  gentleman  be 
excused  from  voting. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

The  result  of  the  vote,  as  previously  stated, 
having  been  announced — 

The  PRESIDENT.  The  question  now  is  on 
the  original  motion  to  recommit,  with  special 
instructions,  offered  by  the  gentleman  from 
Washoe,  (Mr.  Sturtevant.) 

Mr.  NOURSE.  I  do  not  want  to  make  the 
Constitution  odious  at  all,  but  I  will  call  atten- 
tion to  only  one  matter — for  a  question  is  sure 
to  be  raised  upon  it.     It  says  here  : 

"  The  Legislature  shall  provide  by  law  for  a  uniform 
and  equal  rate  of  assessment  and  taxation,  and  shall 
prescribe  such  regulations  as  shall  secure  a  just  valu- 
ation for  taxation  of  all  property,  both  real,  personal, 
and  possessory,  excepting  mines  and  mining  claims, 
the  proceeds  of  which  alone  shaU  be  taxed." 

Now  in  accordance  with  a  well  known  prin- 
ciple of  law,  does  not  this  exception,  naming 
mines  and  mining  claims,  take  them  entirely 
out  of  the  operation  of  the  principle  or  rule  of 
a  uniform  and  equal  rate  of  taxation  ?  I  only 
desire  to  suggest  that  to  the  Convention. 

The  question  was  taken  by  yeas  and  nays  on 
the  motion  to  recommit,  with  the  original  in- 
structions, offered  by  Mr.  Sturtevant,  to  insert 
the  word  "  gross  "  before  the  word  "  proceeds," 
and  the  vote  was — yeas,  14  ;  nays,  16 — as  fol- 
lows : 

Yeas — Messrs.  Belden,  Brady,  Brosnan,  Collins, 
Crawford,  FrizeU,  Folsom,  Gibson,  Haines,  Hawley, 
Lockwood,  Nourse,  Sturtevant,  and  Mr.  President— 14. 

Nays — Messrs.  Banks,  Chapin,  Crosman,  Dunne, 
Earl,  Hovey,  Hudson,  Kennedy,  Mason,  McClinton, 
Murdock,  Proctor,  Tagliabue,  Tozer,  Warwick,  and 
Wetherill— 16. 

So  the  motion  was  not  agreed  to. 

During  the  voting — 

Mr.  HAWLEY.  I  ask  to  be  excused  from 
voting  on  this  question,  because  I  am  not  fully 
satisfied  in  my  own  mind  that  the  operation  of 
this  provision  will  secure  that  uniformity  of 
taxation  which  is  desired. 

The  PRESIDENT.  The  gentleman  may  be 
excused,  if  there  is  no  objection. 

Several  members  objected. 

Mr.  HAWLEY.     As  the  matter  of  one  vote 


15th  day.] 


SALARIES. 


521 


Wednesday,] 


Proctor — Dunne — Banks — Brosnan — Tozer — Hovey. 


[July  20. 


will  make  no  material  difference,  I  will  vote 
"aye." 

The  result  of  the  vote  having  been  an- 
nounet'il.  as  jtrcviously  stated — 

Tht' I'liKSIDEXT  stated  the  question  to  be 
upuu  the  tiaal  passage  of  the  article,  and  it  was 
again  read,  as  follows  : 

ARTICLE  X. 


Section  1.  The  Legislature  shall  provide  by  law  for 
a  uniform  and  equal  rate  of  assessment  and  taxation, 
and  shall  prescribe  such  regulations  as  shall  secure  a 
just  valuation  for  taxation  of  all  projierty,  both  real, 
personal,  and  possessory,  excepting  mines  and  mining 
claims,  the  proceeds  of  which  alone  shall  be  taxed ;  and 
also  excepting  such  property  as  may  be  exempted  by 
law  for  municipal,  educational,  literary,  scientific,  re- 
ligious or  charitable  purijoses. 

The  question  was  taken  by  yeas  aiid  nays, 
and  the  vote  was — yeas,  20  ;  nays,  10 — as  fol- 
lows : 

Yeas — Messrs.  Banks,  Belden,  Brosnan,  Chapin,  Col- 
Uns,  Crosman,  Dunne,  Earl,  Frizell,  Hovey,  Hudson, 
Keunedj',  Mason,  McClinton,  Murdock,  Proctor,  Tag- 
Uabue,  Tozer,  Warwick,  andWetherill — 20. 

Xays — Messrs.  Brady,  Crawford,  Folsom,  Gibson, 
Haines,  Hawley,  Lockwood,  Nourse,  Sturtevant,  and 
Mr.  President — 10. 

So  the  article  was  passed. 

At  ten  minutes  past  twelve  o'clock,  on  motion 
of  Mr.  McCLINTON,  the  Convention  took  a  re- 
cess until  two  o'clock,  P.  M. 


AFTERNOON  SESSION. 

The  Convention  met  at  two  o'clock,  P.  M. 

On  motion  of  Mr.  HAWLEY.  in  the  tem- 
porary absence  of  the  President,  Mr.  CROS- 
MAN was  requested  to  act  as  President  pro 
tern.,  and  took  the  Chair. 

COMMITTEE   ON   SCHEDULE. 

Mr.  PROCTOR.  Before  going  into  any  other 
business,  I  wish  to  ask  the  Convention  to  allow 
my  name  to  be  taken  from  the  Committee  on 
the  Schedule,  and  that  of  my  colleague  (Mr. 
Tagliabue)  to  be  placed  on  that  committee  in 
my  stead,  for  the  reason  that  I  wish  to  be  ab- 
sent this  evening  on  account  of  business,  and 
may  not  be  able  to  attend  with  the  committee 
when  Its  business  is  transacted. 

The  PRESIDENT,  pro  tern.  If  there  is  no 
objection,  the  change  suggested  will  be  made. 

On  motion  of  Mr.  TAGLIABUE,  indeflnite 
leave  of  absence  was  granted  to  Mr.  Proctor,  to 
take  effect  to-morrow  morning. 


Mr.  DUNNE.  I  move  that  the  Convention 
resolve  itself  into  Committee  of  the  Whole,  for 
the  further  consideration  of  Article  XI,  entitled 
Salaries,  the  President  p7-o  tern,  remaining  in 
the  Chair. 

The  question  was  taken  and  the  motion  was 
agreed  to. 


COMMITTEE   OF   THE   WHOLE. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (the  President 
pro  tern,  remaining  in  the  Chair,)  and  resumed 
the  consideration  of  Article  XI,  entitled  Sala- 
ries. 

The  CHAIRiL4.N  stated  that  the  pending 
question  was  the  adoption  of  Section  2  of  the 
substitute  offered  by  the  gentleman  from  Sto- 
rey, (Mr.  Fitch,)  which  section,  as  heretofore 
modified,  reads  as  follows  : 

years  after  the  adop- 


Section  2.     For  the  first  ■ 


tion  of  this  Constitution,  the  Legislature  shall  not  levy 

a  tax  for  State  purposes  exceeding jier  cent,  on  the 

taxable  property  in  the  State,  nor  shall  any  appropria- 
tion be  made  exceeding  the  said  revenue;  jiaying — 
first,  interest  on  the  public  debt;  second,  salaries  of 
State  officers;  third.  State  Prison  expenses;  fourth, 
educational  expenses;  fifth,  legislative,  miscellaneous, 
and  contingent  expenses. 

Mr.  BANKS.  I  move  that  the  committee 
rise,  report  the  section  back  to  the  Convention, 
and  recommend  its  adoption. 

The  CHAIRMAN.  There  are,  I  believe,  some 
other  sections  to  be  moved. 

Mr.  BANKS.  Very  well ;  I  withdraw  that 
motion,  and  will  move  the  adoption  of  the  sec- 
tion which  has  been  read.  I  understood  that 
the  others  had  been  read.  I  will  say,  in  reply 
to  a  remark  of  a  gentleman  near  me,  that  I  con- 
ceive the  best  course  is  to  leave  the  amount 
blank,  and  after  we  get  into  Convention,  we 
can  refer  the  whole  article  to  a  committee,  for 
the  purpose  of  obtaining  a  report  as  to  the  re- 
spective amounts  proper  to  be  inserted  in  the 
blanks.  By  that  means  we  shall  secure  a  basis 
of  figures  on  which  to  act. 

Mr.  BROSNAN.  I  have  not  a  very  clear  idea 
of  the  section  as  it  now  stands,  as  to  the  condi- 
tion of  the  miscellaneous  and  contingent  ex- 
penses, and  I  am  very  much  afraid  that  it  is  too 
indefinite  in  that  respect.  In  order  to  test  the 
sense  of  the  Convention,  I  move  to  strike  out 
the  words  "  miscellaneous  and  contingent  ex- 
penses." I  suppose  that  those  expenses,  what- 
ever they  may  be,  are  comprehended  in  the 
term  "  legislative  expenses,"  and  therefore  I 
prefer  to  use  only  the  latter  term. 

Mr.  BANKS.  I  would  inquire  of  the  gen- 
tleman from  Storey,  who  has  made  this  sugges- 
tion, whether  the  pay  of  officers  of  the  Legis- 
lature, and  expenses  of  that  character,  may  not 
be  properly  classed  as  miscellaneous  expenses. 
It  seems  to  me  that  we  ought  to  leave  some 
ninrs;in  of  this  kind. 

Mr.  TOZER.     I  think  so,  too. 

Mr.  BROSNAN.  I  made  the  suggestion  only 
to  get  information  from  gentlemen  who  are  bet- 
ter posted. 

Mr.  HOVEY.  I  certainly  am  unable  to  see 
what  object  we  can  have  in  view  in  restricting 
the  Legislature  in  one  article  previous  to  this, 
in  which  they  are  prohibited  from  incurring  a 
debt  of  over  three  hundred  thousand  dollars,  if 
we  are  also  going  to  restrict  them  here.  If 
gentlemen  want  to  fix  the  salaries  of  the  State 
officers,  I  am  willing  to  do  so,  but  I  am  not 


522 


SALARIES. 


[15tli  day. 


Wednesday.] 


Proctok — McClinton — Beosnan — Banks — Warwick. 


[July  20. 


willing  to  go  into  all  these  items  and  restrict 
the  amount  of  the  appropriations  to  be  made 
by  the  Legislature. 

.Mr.  PROCTOR.  I  have  intended  from  the 
comnu'ncenu'nt.  whenever  I  could  have  an  op- 
portunity, tu  move  to  strike  out  the  entire  arti- 
cle :  and  if  it  is  in  order,  I  will  make  that 
motion  now. 

The  CHAIRMAN.  The  committee  have 
stricken  out  the  entire  article,  as  it  was  in  the 
old  Constitution,  and  are  now  trying  to  perfect 
the  substitute. 

Mr.  PROCTOR.  But  I  propose  now  to  strike 
out  the  substitute  entirely. 

The  CHAIRMAN.  The  committee  are  trying 
to  perfect  the  substitute,  and  it  will  not  be  in 
order  to  move  to  strike  it  out  until  it  is  perfect- 
ed. Then  it  will  be  for  the  committee  either  to 
adopt  or  reject  it. 

Mr.  PROCTOR.  I  do  not  understand  that 
the  substitute  has  been  stricken  out.  There 
has  been  a  substitute  introduced,  and  I  under- 
stand there  is  an  amendment  oflFered. 

The  CHAIRMAN.  There  was  a  substitute 
otfcred  by  the  gentleman  from  Storey  (Mr. 
Fitch.)  the  gentleman  from  Humboldt  (Mr. 
Bunks)  called  for  a  division  of  the  question  upon 
that,  and  the  question  was  first  taken  upon 
striking  out  the  original  article,  and  that 
prevailed.  Now  the  committee  are  ti'ying 
to  perfect  the  substitute,  before  taking  the 
question  upon  inserting  it.  That  is  the  condi- 
tion of  the  question,  as  the  Chair  understands  it. 

Mr.  McCLINTON.  As  I  understand  it,  we 
have  stricken  out  the  entire  article,  and  it  is  not 
competent  now  for  the  committee  to  strike  out 
the  substitute  proposed  until  after  it  is  perfected 
as  nearly  as  possible.  Then  a  motion  to  strila? 
out  I  understand  will  be  in  order. 

The  CH.VIRMAN.  The  Chair  so  understands. 
The  question  is  on  the  amendment  offered  by 
the  gentleman  from  Storey,  (Mr.  Brosnan.) 

Mr.  BROSNAN.  If  my  friend  from  Hum- 
boldt (Mr.  Banks)  will  withdraw  his  motion,  I 
will  move  that  the  whole  article  be  referred  to 
a  select  committee. 

The  CHAIRM.'lN.  That  motion  would  not 
be  in  order  in  Committee  of  the  Whole. 

Mr.  BANKS.  The  gentleman  from  Storey 
only  desires.  I  suppose,  to  indicate  the  course 
to  be  pursued  ;  that  is,  that  the  committee  ri.se, 
and  recommend  the  reference  of  the  whole  ar- 
ticle to  a  select  committee.  Several  gentlemen 
have  suggested,  however,  that  we  have  not  yet 
sufficiently  considered  the  subject  to  refer  it. 
We  have  not  sufficiently  considered  it,  even  to 
be  prepared  to  present,  in  jjroper  shape,  our 
own  views  upon  it.  I  would  like  to  have  it  re- 
ferred at  a  pro])er  time  to  some  committee,  not 
only  to  fill  the  l)lanks,  but  also  to  consider  the 
proposition  involved  in  the  last  part  of  this 
section,  relative  to  contingent  expenses. 

Mr.  BROSNAN.  I  will  modify  my  motion 
according  to  the  gentleman's  suggestion,  with 
a  view  of  so  shaping  our  course  that  the  article 
may  be  referred  to  a  select  committee. 


Mr.  BANKS.  I  suggest  that  a  motion  to 
recommend  a  reference  takes  precedence  of  a 
motion  to  amend.  I  understand  that  the  gen- 
tleman frera  Storey  moves  that  the  committee 
rise,  and  report  the  article  back  to  the  Conven- 
tion, with  a  recommendation  that  it  be  referred 
to  a  sjiecial  committee. 

Mr.  PROCTOR.  I  would  like  to  see  that 
motion  amended  so  as  to  refer  the  article  to  the 
Committee  on  Schedule.  My  reason  is,  that  I 
suppose  all  we  propose  to  do,  so  far  as  the 
regular  salaries  are  concerned,  is  to  provide 
for  the  salaries  and  fees  of  office,  until  such 
time  as  the  Legislature  can  have  an  opportunity 
to  fix  them  as  to  them  may  seem  proper.  I  un- 
derstand that  to  be  entirely  within  the  province 
of  the  Committee  on  the  Schedule,  and  it  seems 
to  me  that  it  would  be  proper,  for  that  reason, 
to  refer  the  whole  subject  to  that  committee. 
I  do  not  suppose  that  this  Convention  proposes 
to  fix  iiermanently  the  salaries  and  fees  of  office. 
We  have  provided  that  the  debt  of  the  State 
shall  not  exceed  three  hundred  thousand  dol- 
lars, and  I  do  not  think  we  need  to  put  any 
further  restriction  upon  the  Legislature,  so  far 
as  appropriations  are  concerned.  I  think,  at 
all  events,  that  this  provision  need  only  be 
made  to  apply  to  such  expenses  as  may  be  in- 
curred previous  to  the  meeting  of  the  first 
Legislature. 

Mr.  WARWICK.  If  I  were  a  resident  of  the 
county  of  Ormsby.  and  had  an  excellent  busi- 
ness in  an  office  within  ear-shot  of  the  capital, 
so  that  I  could  be  at  my  2>ost  in  a  Convention, 
or  in  the  Legislatm^e,  and  at  any  moment  step 
out  and  attend  to  my  business,  losing  nothing 
by  my  patriotism  in  giving  my  services  to  the 
Convention  or  the  Legislature,  I  think  I  might 
possibly  be  in  favor  of  this  amendment ;  but, 
inasmuch  as  it  seems  to  me  virtually  nothing 
more  nor  less,  when  you  come  to  figure  the 
thing  down,  than  a  property  qualification  for 
members  of  the  Legislature,  I  object  for  one  to 
anything  of  the  kind.  It  is  virtually  saying  to 
a  large  class  of  the  people  of  this  State — "  Gen- 
tlemen, you  shall  not  represent  any  portion  of 
the  people  of  the  State  of  Nevada  in  the  Legis- 
lature unless  you  are  able  to  pay  your  own  ex- 
penses." Now,  sir,  it  may  be,  as  the  gentleman 
from  Humboldt  remarks,  a  very  good  qualifica- 
tion for  a  member  of  the  Legislature,  but  he 
will  excuse  me  if  I  find  myself  unable  to  look 
through  his  spectacles.  I  say,  if  you  are  going 
to  institute  a  property  test,  say  so  at  once. 
Either  say  that  a  member  of  the  Legislature 
shall  be  worth  so  much,  as  they  do  in  South 
Carolina,  or  else  place  the  members  of  the  Leg- 
islature on  the  same  footing  as  you  do  all  other 
officers.  Why  should  you  prefer  one  class  of 
officers  to  another  ?  Is  not  your  legislator  just 
as  necessary  as  your  Controller,  your  Governor, 
or  any  other  official  ?  But  by  this  proposition 
you  virtually  say  to  the  members  of  the  Legis- 
lature— "  Gentlemen,  you  shall  exhaust  the 
Treasury  of  the  State  in  paying  every  body 
else,  and  after  all  the  money  is  gone  you  may 


15th  day.] 


SALARIES. 


523 


We'dnesday,] 


NouRSE — Dunne. 


[July  20. 


take  the  rest."  [Laughter.]  Now  that  is  the 
gist  of  the  proposition,  disguise  it  as  you  will. 
It  is  virtually  saying  that  no  man  iuilej3s  he  has 
property  shall  come  into  the  Legislature  of  the 
new  State.  There  are  plenty  of  gentlemen,  I 
am  free  to  admit,  who  are  willing  to  sport  their 
patriotism,  and  are  willing  to  pay  for  the  privi- 
lege of  coming  here.  Some  of  us  have  paid 
pretty  heavily,  and  have  felt  it  a  grievous  bur- 
den, although  we  still  desire  to  serve  the  State 
and  our  constituencies.  But  other  gentlemen 
may  not  be  able  to  bear  the  burden.  It  seems 
to  rae  that  this  amendment  would  have  come 
with  better  grace  from  the  other  end  of  the 
State  rather  than  from  those  living  within  pistol- 
shot  of  the  capital — from  men  whose  business 
is  scarcely  interrupted  at  all  by  attending  to 
their  legislative  duties. 

If  you  introduce  this  clause  into  the  Consti- 
tution, what  is  the  result  ?  A  poor  man  in  the 
county  of  Lander  may  be  as  good  a  citizen,  as 
patriotic,  and  as  able  a  man  as  though  he  were 
worth  a  hundred  thousand  dollars,  and  able  to 
come  here  and  support  himself  in  style,  and 
still  you  say  to  him  virtually  that  if  he  is  elected 
he  must  pay  out  his  money  in  coming  here  and 
going  home  again,  and  pay  all  his  expenses 
while  he  is  here,  and  after  all  the  resources  of 
the  State  are  exhausted  he  shall  take  depre- 
ciated scrip  in  payment,  which  will  not  even 
come  into  the  market  for  a  year  or  two.  The 
consequence  is,  that  you  adopt  a  provision  that 
no  man,  unless  he  is  a  man  of  property,  shall 
be  the  representative  of  any  portion  of  the 
people  of  the  State  in  the  Legislature.  I  insist, 
therefore,  the  members  of  the  Legislature  being 
as  necessary  to  the  State  as  any  other  class  of 
officers  which  go  to  make  up  the  government 
of  the  State,  that  they  should  be  paid,  and  not 
left  in  a  state  of  starvation,  as  they  would  be 
by  this  provision.  For  that  reason,  I  oppose 
this  proposition,  although  it  does  appear  to 
commend  itself  to  the  judgment  of  some  gen- 
tlemen in  the  Convention,  for  whose  judgment  I 
entertain  the  highest  respect.  In  my  opinion,  it 
is  neither  more  nor  less  than  a  property  qualifi- 
fication,  and  as  such  it  would  be  a  disgrace  to 
our  Constitution. 

Mr.  NOURSE.  I  am  unable  to  see  this  matter 
in  the  light  which  the  gentleman  from  Ormsby 
(Mr.  Johnson)  does,  with  whom  I  have  so  often 
voted  that  I  shall  be  pained  to  part  from  his 
company  now,  nor  yet  in  the  same  light  as  the 
gentleman  from  Lander,  (Mr.  Warwick,)  who 
has  last  spoken.  I  think  I  see  a  broad  distinc- 
tion between  the  duties  and  responsibilities  of 
members  of  the  Legislature,  and  those  of  any 
other  officers  of  the  State  Government,  in  this 
matter.  The  point  is  made  here — Why  do  we 
not  treat  them  all  alike  ?  Why  give  the  judges, 
for  instance,  a  preference  over  the  members  of 
the  Legislature  ?  Are  not  the  members  of  the 
Legislature  needed  as  much  as  the  judges  or  the 
Governor  or  the  State  Controllor  ?  True,  but 
the  judges,  and  all  the  other  officers,  have  no 
power  over  this  matter  of  the  finances.    It  is 


the  Legislature  alone  that  has  the  power  to  pro- 
vide for  paying  out  money.  Now  the  general 
complaint  in  respect  to  all  Legislatures  is  waste- 
ful legislation.  And  notwithstanding  the  doc- 
trine which  has  been  so  often  preached  here, 
that  there  will  be  legislators  as  wise  as  we  are^ 
and  I  do  not  doubt  it— still,  I  say,  the  respon- 
sibity  is  divided  among  so  many  that  it  is  very 
easy  to  get  a  State  into  debt,  and  its  finances 
embarrassed. 

Now  in  regard  to  this  proposition.  I  did  not 
offer  it.  It  was  written  by  a  gentleman  here 
who  is  not  a  member  of  the  Convention,  and 
handed  to  me,  and  it  met  my  approval,  in  prin- 
ciple, although  I  do  not  know  about  the  details  ; 
and  it  was  brought  to  the  attention  of  the  Con- 
vention by  another  gentleman.  Still  the  pro- 
position seems  to  me  to  be  a  good  one.  It  gives 
the  members  of  the  Legislature  a  motive  for 
economy  which  they  never  had  before.  As 
long  as  they  do  not  themselves  feel  the  pinch  of 
the  narrow  means  which  the  State  is  certainly 
going  to  suffer  under,  they  will  not  be  as  econo- 
mical as  if  that  necessity  pressed  directly  upon 
them.  Now  what  we  propose  by  this  arrange- 
ment is,  not  that  other  things  than  the  compen- 
sation of  the  Legislature  shall  take  up  the  entire 
revenue  of  the  State,  but  that  sufficient  revenue 
shall  be  provided  to  carry  on  the  government 
comfortably,  and  if  one  per  cent,  is  not  enough 
let  us  make  it  higher,  so  as  to  have  enough  to 
carry  on  the  government  comfortably  and 
economically,  but  only  reasonably  so.  Then 
by  this  proposition  we  say  to  the  Legislature,  in 
substance,  "  Now  you  have  enough  means  to 
carry  on  the  government,  and  it  is  for  you  to 
manage  as  you  choose  ;  but  you  must  remem- 
ber that  you  have  only  so  much  money,  and 
out  of  that  money  the  other  bills  must  be  paid 
before  yours." 

Mr.  DUNNE.  I  rise  to  a  point  of  order.  I 
do  not  see  that  we  accomplish  anything  by  dis- 
cussing the  merits  of  this  question,  when  the 
question  before  the  committee  is  on  a  motion  to 
rise,  and  I  believe  that  on  that  motion  it  is  not 
in  order  to  discuss  the  merits. 

Mr.  NOURSE.  I  only  discitssed  the  merits  of 
the  question,  because  gentlemen  who  spoke 
before  me  did  so,  and  I  really  did  not  know 
what  the  immediate  question  was. 

The  CHAIRMAN.  The  Chair  was  disposed 
to  take  that  view  in  relation  to  the  gentleman's 
remarks. 

Mr.  NOURSE.  I  had  about  got  through,  and 
do  not  not  desire  more  than  three  minutes 
longer.  ["  Leave,  leave  !  "]  Well,  we  say 
to  the  members  of  the  Legislature,  as  we  might 
say  to  a  salaried  clerk,  or  anybody  else  in  our 
emyloyment,  "  You  have  so  much  money  to  do 
business  with,  and  it  is  enough,  and  now  to 
make  sure  that  you  will  be  economical,  it  is 
provided  that  the  other  bills  shall  be  paid  first, 
and  your  bills  last.  If  you  manage  it  as  you 
ought  to,  there  will  be  plenty  of  money  to  pay 
you,  and  pay  you  promptly ;  but  if  you  do 
not,  if  you  are  wasteful  and  extravagant  in 


524 


MILITIA— PUBLIC  INSTITUTIONS. 


[15th  day. 


Wednesday,]       "Warwick — Nourse — Dunne — Brosnan — Banks — Chapin — Gibson.        [July  20. 


your  expenditures,  if  you  are  thriftless  and 
careless  in  respect  to  the  money  of  the  State, 
and  it  is  all  gone  before  it  comes  to  your  turn, 
then  it  is  your  own  fault."'  If  we  did  not  give 
the  Legislature  enough  to  properly  carry  on 
the  government  with,  the  argument  of  the  gen- 
tleiiian  from  Lander  would  be  correct ;  but  if 
we  do  allow  them  enough,  then  all  we  do  by 
this  ])roposition  is  to  give  them  a  personal  and 
pecuniary  motive  to  be  economical  and  pru- 
dent.    That  is  the  way  it  looks  to  me. 

Mr.  WARWICK.  Now,  how  does  it  work  on 
the  simple  question  of  mileage?  You  allow 
the  members,  in  State  scrip,  thirty  cents  per 
mile,  as  mileage,  but  they  have  to  pay  in  com- 
ing here  from  Reese  River,  over  thirty-two 
cents  per  mile,  in  gold.  For  that  they  have  to 
take,  when  they  can  get  it,  State  scrip,  at  thirty 
cents  on  the  dollar,  perhaps,  and  they  will  have 
to  pay  that  out  at  the  rate  of  seventy-five  cents 
per  mile  in  returning.  Now  how  are  they  to 
get  their  pay,  if  the  Legislature  is  ever  so  eco- 
nomical ? 

IMr.  NOURSE.  I  will  say,  in  answer  to  that — 

The  CHAIRMAN.  Gentlemen  will  remem- 
ber that  the  question  is  on  the  motion  to  rise 
and  recommend  the  reference  of  the  substitute 
to  a  special  committee. 

Mr.  DUNNE.  I  hope  the  motion  will  be 
modified  so  as  to  refer  it  to  the  Committee  on 
the  Schedule,  and  for  this  reason  :  that  nearly 
all  the  remaining  business  is  before  that  com- 
mitte.  and  they  desire  to  sit  to-night  to  finish 
up.  If  it  is  referred  to  that  committee,  they 
will  have  it  all  in  their  hands,  and  can  go 
through  with  it  at  once. 

Mr.  BROSNAN.  I  will  accept  the  sugges- 
tion, and  move  that  the  committee  rise  and 
recommend  the  reference  of  the  subject  to  the 
Committee  on  the  Schedule. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

IN   CONVENTION. 

The  SECRETARY  reported  that  the  Com- 
mittee of  tlio  Whole  had  had  under  considera- 
tion Article  XI.  entitled  Salaries,  had  made 
some  progress  therein,  and  recommend  that  the 
Convention  refer  the  article  to  the  Committee 
on  Schedule. 

The  report  was  accepted,  and  on  motion  of 
Mr.  DUNNE,  the  article  was  referred  to  the 
Committee  on  Schedule. 

COMMITTEE    OK   TIIK    WnOLE. 

Mr.  BANKS.  I  understand  that  the  next 
article,  the  one  entitled  Education,  has  been 
referred  to  the  Committee  on  Education,  which 
has  not  yet  reported.  I  will  therefore  move 
that  the  Convention  go  into  Committee  of  the 
Whole,  (the  i*i'(!sident  rtMnainiiig  in  tlie  chair.) 
on  .Vrticle  XIU,  entitled  Militia,  Article  XIV, 
entitled  Puiilic  Institutions,  Article  XV,  enti- 
tled IJoiinilary,  and  Article  XVIf.  entitled 
Amendments.  I  ai)pr(!liend  that  neither  of 
the.se  articles  will  require  much  time  for  their 
consideration. 


The  question  was  taken,  and  the  motion  was 
agreed  to. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (the  President /)ro 
tern,  remaining  in  the  Chair,)  for  the  considera- 
tion of  the  several  articles  referred  to  such  com- 
mittee. 

MILITIA. 

Article  XIII.  entitled  Militia,  was  taken  up 
and  read  as  follows  : 

ARTICLE    XIII. 

MILITIA. 

Section  1.  The  Legislature  shall  provide  by  law  for 
the  organizing  and  disciplining  the  militia  of  this  State, 
for  the  effectual  encouragement  of  volunteer  corps, 
and  the  safe  keeping  of  the  pubUc  arms. 

Sec.  2.  The  Governor  shall  have  power  to  call  out 
the  militia  to  execute  the  laws  of  the  State,  or  to  sup- 
press insurrection  or  repel  invasion. 

Mr.  CHAPIN.  I  move  the  adoption  of  the 
article. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

PUBLIC   INSTITUTIONS. 

Article  XIV,  entitled  Public  Institutions, 
was  taken  up  and  read  as  follows  : 

ARTICLE   XIV. 

PUBLIC    IN.STITUTIONS. 

Section  1.  Institutions  for  the  benefit  of  the  Insane, 
blind,  and  deaf  and  dumb,  and  such  other  benevolent 
institutions  as  the  jjublic  good  may  require,  shall  be 
fostered  and  supported  by  the  State,  subject  to  such 
regulations  as  may  be  prescribed  by  law. 

Sec.  2.  A  State  Prison  shall  be  established  and  main- 
tained in  such  manner  as  may  be  prescribed  by  law, 
and  provision  may  be  made  by  law  for  the  establish- 
ment and  maintenance  of  a  House  of  Refuge  for  juve- 
nile offenders. 

Sec.  3.  The  respective  counties  of  the  State  shall 
provide,  as  may  be  jirescribed  by  law,  for  those  inhab- 
itants who,  by  reason  of  age  and  infirmity,  or  other 
misfortunes,  may  have  claim  upon  the  sympathy  and 
aid  of  society. 

Mr.  GIBSON.  I  move  that  the  article  be 
adopted  as  a  whole. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

BOUNDART. 

Article  XV,  entitled  Boundary,  was  taken  up. 
The  SECRETARY  read  as  follows  : 

ARTICLE    XV. 

BOUNDARY. 

Section  1.  Tlie  boundary  of  the  State  of  Nevada 
shall  be  as  follows  : 

Beginning  at  the  point  of  intersection  of  the  forty- 
second  degree  of  north  latitude,  with  the  thirty-eighth 
degree  of  longitude  west  from  Washington  ;  thence 
running  south  on  the  said  thirty-eighth  degree  of  west 
longitude  until  it  intersects  the  northern  boundary 
line  of  New  Mexico;  thence  due  west  along  the  north- 
ern boundary  line  of  New  Mexico  until  such  line  inter- 
sect.s  the  easterly  boundary  of  the  State  of  California  ; 
thence  north(>rly  along  the  eastern  boundary  line  of 
tile  Stute  of  California  until  such  line  intersects  the 
fDity-seciind  degree  of  north  latitude  ;  thence  east 
witli  said  forty-second  degree  of  north  latitude  to  the 
place  of  beginning. 

And  whensoever  Congress  shall  authorize  the  ad- 
dition to  the  Territory  or  State  of  Nevada  of  any  por- 
tion of  the  territory  on  the  easterly  border  of  the  fore- 


15th  day.] 


BOUNDARY. 


525 


Wednesday,] 


Chapin — Brosnan — Warwick — Dunne — Nourse. 


[July  20. 


going  defined  limits,  not  exceeding  in  extent  one 
degree  of  longitude,  the  same  shall  thereupon  be  em- 
braced within  and  become  a  jsart  of  this  State.  And 
furthermore  provided,  that  all  such  territory  lying  west 
of  and  adjoining  the  bovxndary  line  herein  ijrescribed. 
which  the  State  of  California  may  relinquish  to  the 
Territory  or  State  of  Nevada,  shall  thereupon  be  em- 
braced within  and  constitute  a  part  of  this  State. 

Mr.  CHAPIN.  la  regard  to  the  boundary 
of  the  State,  I  think  that  is  prescribed  for  us 
in  our  Eaabling  Act.  It  will  be  found  in  Sec- 
tion 2  of  that  Act. 

Mr.  BROSNAN.  I  suppose  the  description 
there  given  does  not  vary  from  that  in  the  Or- 
ganic Act,  au'l  the  description  in  the  section 
as  read,  is  taken  from  the  Organic  Act,  with 
the  exception,  or  rather  with  the  addition  of 
the  last  paragraph  in  the  section,  commencing 
with  the  words  "  and  whensoever  Congress 
shall  authorize  the  addition,"  etc.,  and  con- 
tinuing to  the  end  of  that  section.  That  por- 
tion was  added  by  the  committee  in  the  former 
Convention,  with  the  expectation  that  we  could 
obtain  from  Congress  an  extension  of 'one  de- 
gree on  our  eastern  boundary,  and  also  with 
the  expectation  that  we  could  compromise  in 
some  way  with  the  State  of  California,  so  as  to 
make  the  summit  of  the  Sierras  the  western 
boundary  line  of  our  State. 

Mr.  CHAPIN.  It  strikes  me  that  we  have 
nothing  to  do  but  to  adopt  the  boundary  which 
is  given  us  by  Congress,  and  I  now  move,  there- 
fore, to  amend  this  section  by  adopting  the 
boundary  as  prescribed  in  the  Eaabling  Act. 
Will  the  Secretary  read  the  description  there 
given  ? 

The  SECRETARY  read  from  the  Euabling 
Act  as  follows : 

Sec.  2.  And  be  it  further  enacted.  That  the  said 
State  of  Nevada  shall  consist  of  all  the  territory  in- 
cluded within  the  foUowiug  boundaries,  to  wit :  Com- 
menciug  at  a  point  formed  by  the  intersection  of  the 
thirty-eighth  degree  of  longitude  west  from  Washing- 
ton, with  the  thirty-seventh  degree  of  north  latitude  ; 
thence  due  west  along  said  thirty-seventh  degree  of 
north  latitude  to  the  eastern  boundary  Une  of  the  State 
of  California  ;  thence  in  a  northwesterly  direction 
along  the  said  eastern  boundary  line  of  the  State  of 
California  to  the  forty-third  degree  of  longitude  west 
from  Washington ;  thence  north  along  said  forty-third 
degree  of  west  longitude,  and  said  eastern  boundary 
line  of  the  State  of  California,  to  the  forty-second  de- 
gree of  north  latitude ;  tlieuce  due  east  along  the  said 
forty-second  degree  of  north  latitude  to  a  point  formed 
by  its  intersection  with  the  aforesaid  thirty-eighth  de- 
gree of  longitude  west  from  Washington ;  thence  due 
south  down  said  thirty-eighth  degree  of  west  longitude 
to  the  ijlace  of  beginning. 

Mr.  WARWICK.  I  think  there  is  another 
discrepancy  here,  sir,  for  the  reason  that  this 
gives  us  the  thirty-seventh  degree — I  refer 
now  to  the  article  just  read — as  our  eastern 
boundary,  while  the  Enabling  Act,  it  appears, 
gives  us  the  thirty-eighth  degree.  Again,  the 
Enabling  Act  gives  us  the  forty-third  degree 
on  the  west,  while  this  article,  as  it  is  now  be- 
fore us,  restricts  us  to  the  forty-second  degree. 
Consequently,  I  think  that  in  order  to  have 
this  provision  in  consonance  with  the  Eaabling 
Act,  by  the  authority  of  which  we  are  framing 
the  Constitution,  we  had  better  adopt  Section 


2  of  the  Eaabling  Act  just  as  it  stands,  in  place 
of  this  article  which  has  been  read.  I  there- 
fore move  to  amend  the  section  describing  the 
boundary  line,  by  adopting,  in  place  of  the 
language  there  found,  the  language  employed 
in  the  Eaabling  Act,  so  far  as  that  describes 
the  boundaries  of  the  State. 

Mr.  DUNNE.  I  thiak  the  discrepancy  to 
which  the  gentleman  refers,  consists  maialy  of 
a  transposition  in  the  descriptiou.  la  the  Or- 
gaaic  Act,  the  description  begins  with  the 
northern  boundary  line,  running  south,  whereas 
in  the  Enabliag  Act.  they  begia  at  the  south- 
era  bouadary  liae.  There  aiay  be  some  other 
differences,  but  I  think  it  will  be  fouad  that 
this  trausposition  makes  all  of  the  difference 
there  really  is. 

Mr.  BROSNAN.  I  do  aot  wish  the  vote  to 
be  taken  on  this  proposition,  until  we  are  able 
to  understand  it  thoroughly.  I  believe  this  ar- 
ticle was  correctly  drawn  origiaally,  but  as  my 
friead  from  Humboldt  (Mr.  Dunae)  says,  there 
is  a  differeace  in  the  reading,  because  a  different 
point  of  commencement  has  been  takeu  by 
those  who  framed  the  Eaabliag  Act. 

Mr.  WARWICK.  Has  aot  a  degree  been 
added  more  than  we  looked  for? 

Mr.  BROSNAN.  No.  sir.  I  will  state  to  the 
gentleman,  that  at  the  time  this  article  was 
drawn  in  the  former  Convention,  it  was  uader- 
stood  that  there  was  to  be  au  amendmeat  to 
the  origiaal  Organic  Act  of  the  Territory.  I 
believe  it  is  now  understood  that  tiie  Organic 
Act  of  the  Territory  was  subsequently  amended, 
aad  an  additional  degree  attached  or  included 
within  our  boundaries  by  an  amendatory  Act 
of  Congress,  passed  in  the  succeeding  session. 
Hence,  having  taken  that  in,  if  I  am  correct  as 
to  the  fact,  I  suppose  that  in  fiamiug  the  Ea- 
abliag x\ct  they  have  incorporated  it  iato  this 
descriptiou,  giving  us  that  additional  degree. 
The  President  of  the  Convention,  who  is  not 
now  present,  is  more  thoroughly  acquainted 
with  this  matter  than  I  am,  but  I  understand 
that  to  be  the  fact  in  the  case.  It  is  true,  I  am 
informed,  that  the  Organic  Act  has  been  so 
amended  as  to  increase  our  area  to  the  extent 
of  one  degree. 

Mr.  WARWICK.  I  suggest  that  we  had  bet- 
ter allow  this  matter  to  lie  over  for  a  few  miu- 
utes,  until  it  can  be  thoroughly  examiued  aad 
understood.  We  can  meanwhile  go  on  with 
other  business.  I  will  withdraw  my  motion  to 
amend,  and  move  instead  that  a  committee  of 
three  be  appointed  by  the  Chair  to  compare  the 
two  Acts  of  Congress,  and  report  upon  the 
framiug  of  this  description  of  our  boundary  ; 
and  I  hope  that  the  gentleman  from  Storey 
(Mr.  Brosnaa)  will  be  oae  of  that  committee. 

The  CHAIRMAN.  The  motion  will  not  be 
in  order,  as  we  are  now  in  Committee  of  the 
Whole. 

Mr.  NOURSE.  It  strikes  me  that  it  is  hardly 
necessary  to  refer  this  matter.  I  think,  myself, 
from  the  casual  glance  I  have  been  able  to  give 
it,  that  the  language  in  the  old  Constitution 


526 


AMENDMENTS. 


[15tii  day. 


Wednesday,] 


Chapin — Warwick — Nourse— Collins — Banks. 


[July  20, 


describes  the  saou  tarritory  as  that  ia  the  Ea- 
abling  Act.  But  whether  it  does  or  uot,  I  sug- 
gest tliat  it  would  be  bjtter  to  have  our  boun- 
dary detiiied  exactly  ia  the  words  of  the 
Euabliug  Act.  Ailmittiug  that  the  territory 
described  may  be  the  same  in  both,  still  is  it 
not  better  to  adopt  the  very  words  of  the  Act 
under  the  authority  of  which  this  Convention 
has  assembled?  That  will  save  the  possibility 
of  all  question  on  the  subject. 

Mr.  CHAPIN.  I  hope  there  will  be  no  refer- 
ence of  thj  mitter,  and  I  agree  perfectly  with 
the  gentleman  from  Washoe,  (Mr.  Nourse.)  that 
it  would  be  better  to  adopt  the  language  of 
Section  2  of  the  Enabling  Act,  so  far  as  that 
goes,  and  then  we  can  preserve  the  latter  part 
of  the  section  in  relation  to  the  future  exten- 
sion of  our  boundary  on  the  east  and  on  the 
west,  by  the  action  of  Congress,  or  of  the  State 
of  California. 

Mr.  WARWICK.  I  will  renew  the  motion  to 
amend  by  adopting  the  language  of  the  En- 
abling Act  describing  the  bound  tries,  in  place 
of  that  which  stands  in  the  section,  leaving 
the  latter  portion  of  the  section  as  it  now 
reads. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

The  question  was  taken  on  the  adoption  of 
the  article  as  amended,  and  it  was  adopted. 

AilEXDMENTS. 

Article  XVII,  entitled  Amendments,  was  next 
taken  up. 
The  SECRETARY  read  Section  1,  as  follows : 
Section  1.  Any  amenflment  or  amendments  to  this 
Constitution  may  be  i^roposed  in  the  Senate  or  Assem- 
bly, and  if  the  same  shall  be  agreed  to  by  a  mijority 
of  the  members  elected  to  each  of  the  two  Houses, 
such  projiosed  amendment  or  amendments  shall  be 
entered  on  their  journals,  with  the  ayes  and  noes  taken 
thereon,  and  referred  to  the  Legislature  then  next  to 
be  chosen,  and  shall  be  published  for  three  months 
next  preceding  the  time  of  making  such  choice.  And 
if  in  the  Legislature  next  chosen  as  aforesaid  su  ^h 
proposed  amendment  or  amendments  shall  be  agreed  to 
by  a  majority  of  aU  the  members  elected  to  each  House, 
then  it  shall  be  the  duty  of  the  Legislature  to  submit 
such  proposed  amendment  or  amendments  to  the  peo- 
ple in  8U(-h  manner  and  at  such  time  as  the  Legislature 
shall  prescribe  ;  and  if  the  people  shall  approve  and 
ratify  such  amendment  or  amendments  by  a  mijority 
of  the  electors  (jualitied  to  vote  for  members  of  the 
Legislature  voting  thereon,  such  amendment  or  amend- 
mcuLs  shaU  become  a  part  of  the  Constitution. 

Mr.  NOURSE.  I  had  intended  to  propose 
an  amendment  to  that  section,  but  I  have  not 
yet  drawn  it  up.  I  will  state,  however,  with 
the  permission  of  the  Convention,  what  this 
amendment  is.  I  propose  to  provide  that  the 
Constitution  may  be  amended  by  a  two-thirds 
vote  of  all  the  meml)ers  elected  to  each  branch 
of  the  Legislature,  at  a  regular  session  ;  the 
amendment  so  passed  by  the  Legislature  being 
mibmitted  to  the  people  at  the  ensuing  general 
election,  so  as  to  sliorten  the  time  required  for 
amending  the  Constitution  one  year.  It  seems 
to  me  that  in  the  infancy  of  our  State,  it  will 
be   entirely   expedient   for   us   to   adopt    that 


course.  We  may  at  the  same  time  provide  that, 
after  an  amendment  has  once  been  made  in  that 
manner,  the  rule  shall  thereafter  be  tliat  which 
is  laid  down  in  this  section,  requiring  the  adop- 
tion of  any  amendment  by  two  succeeding 
Legislatures.  I  have  been  the  more  strongly 
impressed  with  the  propriety  of  this  idea,  for 
the  reason  that  it  was  agreed  on  all  hands  here 
the  other  day,  that  in  the  course  of  two  or 
three  years,  notwithstanding  our  present  con- 
dition is  such  that  we  are  unable  to  make  any 
appropriation  for  railroad  purposes,  we  may 
very  probably  be  in  a  condition  to  make  such 
appropriations,  and  by  adopting  a  provision  of 
this  kind  the  people  would  be  enabled  to  amend 
their  Constitution  in  that  particular  in  the 
course  of  only  two  years ;  whereas,  under 
the  section  as  it  now  stands,  if  we  have  biennial 
sessions,  it  will  take  about  four  years.  I  am 
not  prepared  to  make  a  motion  to  amend  the 
section,  because  I  have  not  yet  drawn  up  any 
amendment. 

Mr.  COLLINS.  I  suggest  that  the  article  be 
referred  to  a  committee. 

Mr.  WARWICK.  Cannot  the  Convention 
pass  on  to  other  business,  and  allow  the  gentle- 
man from  Washoe  to  have  a  few  moments  to 
draw  up  the  amendment  he  desires  to  offer  ?  As 
he  explains  the  amendment  it  certainly  strikes 
me  favorably. 

The  CHAIRMAN.  The  Secretary  will,  if 
there  is  no  objection,  proceed  to  read  Section 
2,  and  when  the  reading  is  concluded,  the  gen- 
tleman can,  if  he  pleases,  otfer  his  amendment 
to  Section  1,  as  a  general  amendment. 

The  SECRETARY  read  Section  2,  as  follows  : 

Section  2.  If  at  any  time  two-thirds  of  the  Senate 
and  Assomby  shall  think  it  necessary  to  revise  and 
change  this  entire  Constitution,  they  shall  recommend 
to  the  electors  at  the  next  election  for  members  of  the 
Legislature,  to  vote  for  or  against  a  Convention,  and  if 
it  shall  appear  that  a  majority  of  the  electors  voting  at 
such  election  hive  voted  in  favor  of  calling  a  Conven- 
tion, the  Legislature  shall,  at  its  next  session,  provide 
by  law  for  calling  a  Convention  to  be  holden  within  six 
mouths  after  the  passage  of  such  law,  and  such  Con- 
vention shall  consist  of  a  number  of  members  not  less 
than  that  of  both  branches  of  the  Legislature. 

Mr.  NOURSE.  I  will  make  one  single  sug- 
gestion in  regard  to  this  section.  It  seems  that 
we  are  not  going  to  have  any  change  in  our 
Constitution  unless  two-thirds  of  both  the  Sen- 
ate and  the  Assembly  get  an  idea  that  it  is 
necessary  not  only  to  revise  but  to  change  the 
instrument.  Now  it  seems  to  me  that  it  would 
be  better  to  say  here,  that  they  may  call  a  Con- 
vention, if  they  shall  think  it  necessary,  to 
cause  a  revision  of  the  Constitution.  I  will 
move  to  ammd  the  section  by  striking  out  the 
words  "  revise  and  change,"  and  inserting  in- 
stead the  words,  "  cause  a  revision  of" 

Mr.  BANKS.  The  only  argument  that  I 
have  to  adduce  on  this  subject,  is  one  which  I 
fi'ar  will  not  have  much  weight,  and  that  is, 
that  this  is  the  language  of  the  California  Con- 
stitution, and  I  prefer  it  because  I  am  preju- 
diced in  favor  jf  that  Con.stitution. 


15th  day.] 


AMENDMENTS. 


527 


Weduesday,]  Nourse-  Banks— Frizell—Lockwood— Gibson— Brosnan. 


[July  20. 


Mr.  NOURSE.  But  the  gentleman  surely 
does  not  thiak  it  is  the  best  language? 

Mr.  BANKS.    I  will  not  argue  the  point. 

Mr.  FRIZELL.  This  first  section  contem- 
plates reasonable  but  limited  changes ;  and 
then  the  second  section,  as  I  understand,  looks 
to  an  entire  change  in  the  frame-work  of  the 
Constitution.  I  think  the  remarks  of  the  gen- 
tleman from  Washoe  (Mr.  Nourse)  are  correct, 
inasmuch  as  there  appears  to  be  a  radical  dif- 
ference in  the  meaning  and  object  of  the  two 
sections. 

Mr.  NOURSE.  I  do  not  think  the  gentleman 
quite  understands  me,  and  I  will  endeavor  to 
explain  my  meaning  more  fully.  The  first  sec- 
tion refers  only  to  changes  in  one  or  two  single 
articles  in  the  Constitution,  which  may  be  sub- 
mitted as  simple  propositions  to  the  people  ; 
but  if  the  Legislature  shall  by  and  by  think 
that  we  have  outgrown  the  instrument,  as  it 
were,  and  do  not  want  merely  to  make  a  slight 
change,  but  to  revise  the  instrument  generally, 
by  adopting  such  amendments  throughout  tlie 
whole  body  of  it,  as  may  be  thought  best,  then 
it  is  provided  in  this  second  section  what  shall 
be  the  way  to  do  it.  Now  it  is  only  the  word- 
ing of  this  provision  that  I  want  to  amend.  As 
we  have  it  now,  if  the  Senate  and  Assemby 
shall  think  it  necessary  to  "  revise  and  change  " 
the  entire  Constitution,  that  is,  to  change  the 
whole  of  it,  then  they  are  to  call  a  Conven- 
tion, etc.  Now  I  do  not  think  we  mean  that 
they  shall  change  the  whole  instrument  in  case 
a  Convention  is  called,  but  rather  that  they 
shall  revise  the  whole  of  it.  and  change  only 
such  portions  as  they  may  think  fit. 

Mr.  FRIZELL.  I  suggest  that  the  difficulty 
could  be  remedied  by  striking  out  the  word 
"  entire." 

Mr.  NOURSE.  I  think  it  will  be  better  to 
adopt  the  amendment  I  have  offered — to  strike 
out  the  words  "  revise  and  change,"'  and  sub- 
stitute the  words,  "  cause  a  revision  of." 

The  question  was  taken  upon  the  amendment 
offered  by  Mr.  Nourse,  and  it  was  agreed  to. 

Mr.  BANKS.  I  have  two  amendments  to 
propose  to  Section  2,  which  I  will  offer  separ- 
ately, however,  as  they  are  not  necessarily  con- 
nected. The  first  amendment  I  otter  is,  to 
strike  out  all  before  the  word  "  necessary,"  and 
insert  in  lieu  thereof  the  following  words: 

"If  at  auy  time  the  Legislature  by  a  vote  of  two- 
thirds  of  the  members  elected  to  each  House  shall  de- 
termine that  it  is  " — 

The  words  to  be  stricken  out  are  these  : 

"  If  at  anj'  time  two-thirds  of  the  Senate  aud  Assem. 
bly  shall  thiuk  it " — necessary,  etc. 

That  may  mean  two-thirds  of  all  the  members 
elected,  or  it  may  mean  two-thirds  of  those 
present  and  voting.  I  prefer  to  have  it  clear 
and  well-defined,  so  as  to  require  two-thirds  of 
the  members  elected,  inasmuch  as  we  have  es- 
tablished that  rule  in  all  previous  cases. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 


Mr.  BANKS.  Now  I  propose  the  following, 
as  an  addition  to  Section  2  : 

"In  determinmg  what  is  a  majority  of  the  electors 
votmg  at  such  election,  reference  shall  be  had  to  the 
highest  number  of  votes  cast  for  the  candidates  for 
any  office,  or  on  any  question,  at  such  election." 

Gentlemen  who  have  lived  in  California  for 
auy  length  of  time,  know  that  attempts  have 
been  unsuccessfully  made  there,  under  pre- 
cisely the  same  language  as  that  contained  in 
this  original  section,  to  secure  a  revision  of  the 
Constitution  of  that  State ;  and  it  will  be  re- 
membered that  it  was  held  oy  one  party  that  a 
majority  of  all  the  votes  cast  at  the  election 
was  required  to  carry  the  proposition  for  call- 
ing a  Convention,  while  by  others  it  was  held 
that  a  majority  of  the  votes  cast  on  the  partic- 
ular question  submitted,  should  be  deemed 
sufficient.  Again,  another  question  subservient 
to  this,  arose,  namely  :  What  office  should  it 
be,  the  vote  upon  which  should  determine  the 
question  of  a  majority?— whether  it  should  be 
the  vote  on  members  of  the  Legislature,  Gov- 
ernor, or  something  else,  that  should  be  taken 
as  the  criterion  of  the  number  of  the  votes 
cast  at  that  election?  Suppose  the  question 
came  up,  as  naturally  it  did,  at  the  first,  as  to 
what  number  of  persons  voted,  and  it  was 
found  that,  for  members  of  the  Legislature 
there  were,  for  instance,  one  hundred  thousand 
votes  cast,  and  for  some  other  officers  a  less 
number  of  votes ;  then  what  should  be  taken 
as  the  number  of  people  voting  ?  I  propost  to 
have  that  matter  defined  in  our  Constitution, 
by  providing  that  not  only  shall  there  be  a 
majority  of  the  whole  number  of  votes  cast  on 
the  proposition,  but  also,  that  in  determining 
that  majority,  we  shall  take  the  whole  number 
of  votes  cast  on  the  question,  or  for  the  candi- 
date having  the  highest  number  of  votes. 

Mr.  LOCKWOOD.  I  do  not  quite  under- 
stand yet,  but  I  presume  the  explanation  is 
clear  enough.  Suppose  there  are  two  candi- 
dates for  Governor,  does  the  gentleman  propose 
to  count  the  votes  for  both  the  candidates  ? 

Mr.  BANKS.     Yes,  sir  ;  all  the  candidates. 

Mr.  LOCKWOOD.     Then  I  am  for  it. 

Mr.  BANKS.  For  instance,  if  we  take  the 
votes  cast  for  Governor  there  may  be  two  or 
three  candidates,  and  I  mean  by  this  amend- 
ment that  we  shall  take  the  aggregate  vote  for 
that  office  as  the  criterion  to  dttermine  the 
whole  number  of  votes,  and  also  to  settle  the 
question  in  regard  to  whether  the  votes  cast  on 
the  constitutional  question  is  sufficient  to  be  a 
mijority. 

The  question  was  taken  upon  the  amendment 
offered  by  Mr.  Banks,  and  it  was  agreed  to. 

Mr.  GIBSON.  I  move  that  Section  2,  as 
amended,  be  adopted. 

The  question  was  taken,  and  the  section  was 
adopted. 

Mr.  BROSNAN.  I  move  to  amend  Section 
1  of  this  Article  by  striking  out  the  words  "  a 
majority,"  and  inserting,  in  lieu  thereof,  the 
words  "  a  two-thirds  vote."    Also  by  striking 


528 


AMENDMENTS. 


[15th  day. 


Wednesday,] 


DixN'E— Brosxan — NouRSE— Bajjks. 


[July  20. 


out  all  after  the  words  "  ayes  and  noes  taken 
tbereoa."  dowu  to,  and  including  tiie  words. 
"  elected  to  each  house,"'  and  inserting  instead 
simplv  the  word  '•  and."  Then  the  section,  if 
aineui'led  as  I  propose,  will  read  as  follows  : 

Section-  1.  Any  amendment  or  amendments  to  this 
Constitution  mav  bo  proposed  in  the  Senate  or  .\ssem- 
blv,  and  if  the  same  shall  be  agreed  to  by  a  two-thirds 
vote  of  the  members  elected  to  each  of  the  two  houses, 
such  proposed  amendment  or  amendments  shall  be 
entered  on  their  journals,  with  the  ayes  and  noes  taken 
thereon,  and  then  it  shall  be  the  duty  of  the  Legisla- 
ture to  submit  such  proposed  amendment  or  amend- 
ments to  the  ix'ople  in  such  manner  and  at  such  time 
as  the  Legislature  shall  prescribe ;  and  if  the  people 
shall  approve  and  ratify  such  amendment  or  amend- 
ments by  a  majority  of  the  electors  qualified  to  vote 
fi.r  members  of  the  Legislature  voting  thereon,  such 
amendment  or  amendments  shall  become  a  jjart  of 
the  Constitution. 

Mr.  DUNNE.  I  will  move  an  amendment. 
I  believe  it  is  not  desired  that  this  shall  be  a 
permanent  feature  of  the  Constitution,  but  only 
that  it  shall  apply  for  a  certain  number  of 
years,  and  then  the  provision,  as  the  section 
stands  now,  is  designed  to  lake  etfect.  I  think 
the  object  can  be  better  reached  by  leaving  the 
section  as  it  stands  and  adding  a  proviso  that  if 
at  any  time  within  three,  four,  or  six  years,  as 
may  be  determined  upon,  it  shall  be  deemed  ad- 
visable to  amend  the  Constitution,  then  it  may 
be  done  in  this  manner. 

Mr.  BROSNAN.  If  the  geutleman  from 
Humboldt  will  draw  an  amendment  in  that 
form  I  will  accept  it. 

Mr.  DUNNE.  The  gentleman  from  Storey 
has  the  idea  of  it,  and  can  better  draw  it  him- 
self. 

Mr.  NOURSE.  While  that  is  being  done  I 
wish  to  submit  a  few  ideas  upon  the  principle  of 
the  proposed  change.  It  has  always  seemed  to 
me  that  the  great  object  of  a  fundamental  law 
is  permanency— that  it  is  simply  for  the  sake 
of  permanency  that  the  Legislature  itself  may 
not  be  permitted  at  its  pleasure  to  change  the 
fundamental  law.  Now  the  operation  of  this 
section,  as  it  now  stands,  is  to  provide  that  no 
sudden  whirlwind  of  passion,  or  feeling,  or  of 
fancied  interest,  .«hall  bring  about  the  hasty 
adoption  of  an  amendment  perhaps  radical  iu 
its  character,  and  changing  iinpcjrtant  features 
in  our  Constitution.  1  could  cite  the  Conven- 
tion to  an  instance  of  a  State  which  had  a  pro- 
vision iu  its  constitution  forbidding  the  incur- 
ring of  any  debt  above  two  hundred  and  titty 
thousand  dollars,  but  the  lapse  of  this  space  ol 
a  year  for  an  amendment  was  not  refpiired,  so 
as  to  give  the  people  time  to  think  between  the 
action  of  one  Legislature  and  that  of  another. 
On  the  contrary,  the  Legislature  was  permitted 
by  a  two-thirds  vote  to  propose  an  amendment, 
and  submit  it  to  the  people  directly,  and  if 
then  it  were  ratified  by  the  people  it  was  there- 
upon adopted,  as  a  pari  of  the  fundamental 
law  of  the  State.  There  came  up  in  that  State 
the  ca«e  of  railroad  corporations  desiring  the 
loan  of  the  State  credit,  and  the  matter  came 
up,  too,  at  a  time  of  unparalleled  distress  in  ihe 


State.  It  was  represented  that  if  this  ihing 
could  be  done  the  prevailing  pecuniary  distress 
would  be  relieved  at  once.  The  proposition 
was  set  forth  in  the  most  glowing  light.  Those 
railroad  corporations  were  not  sparing  in  the 
expenditure  of  their  means,  in  the  Legislature 
and  elsewhere.  They  sent  orators,  and  bands 
of  music  around,  and  all  that  sort  of  thing. 
The  result  was  that  within  the  space  of  some 
two  or  three  months  the  constitutional  amend- 
ments asked  for  were  passed  by  the  Legislature, 
authorizing  the  State  to  contract  an  indebted- 
ness of  five  millions  of  dollars.  The  proposi- 
tion having  passed  the  Legislature,  was  forth- 
with submitted  to  the  people,  and  adopted  by 
them,  with  a  perfect  whirlwind  of  excitement, 
by  a  vote  of  not  less  than  five  to  one.  And  yet 
within  one  year  thereafter,  if  the  question  had 
been  again  submitted,  there  would  have  been  a 
vote  of  five  to  one  the  other  way.  Now  would 
it  not  have  been  better  for  that  State  if  this 
one  year  had  been  allowed  to  elapse,  giving  the 
people  an  opportunity  for  the  sober  second 
thought?  Would  it  not  have  been  better  to 
suffer  the  year  to  elapse  before  taking  a  vote 
upon  the  proposition  to  amend  the  Constitu- 
tion? It  seems  to  me  that  the  arguments  are 
very  strong  iu  favor  of  requiring  such  a  lapse 
of  time,  so  that  when  one  Legislature  shall 
have  passed  an  amendment,  then  the  people 
shall  have  a  year  to  think  of  it,  and  if  at  the 
end  of  that  year,  the  following  Legislature 
again  passes  the  amendment,  the  probability  is 
that  the  people  will  ratify  it.  Then,  and  not 
till  then,  it  will  become  part  of  the  Constitu- 
tion, adopted  upon  due  reflection,  and  not  sub- 
ject to  the  charge  of  being  passed  by  means  of 
excitement  and  passion. 

Now  it  seems  to  me  that  this  is  a  guard 
which  the  people  should  have  in  their  State 
Constitution,  against  even  their  own  rash  haste, 
excitement,  and  inconsiderate  action.  For  we 
should  recognize  the  fact,  that  a  community 
may  be  carried  away  by  excitement,  the  same 
as  a  legislative  body,  or  an  individual  may  be, 
and  may  do  things  under  such  influences,  which 
in  their  cool  and  sober  moments  they  will  have 
occasion  to  regret.  It  has  therefore  been  found 
a  good  plan  to  guard  not  only  against  the  hasty 
action  of  the  people's  servants,  but  also  against 
that  of  the  people  themselves,  when  the  time 
conies  for  their  action  in  this  matter  of  consti- 
tutional amendments  and  changes.  For  these 
reasons  I  should  be  very  sorry,  for  one,  to  see 
that  year  for  cool  reflection  stricken  out. 

Mr.  BANKS.  Is  it  not  contemplated  that 
provision  shall  be  made  by  which  the  Legisla- 
ture shall  meet  yearly  for  the  first  two  or  three 
years?  Gentlemen  all  around  me  say  that  is 
the  understanding.  Now  if  that  is  the  case, 
then  certainly  for  two  or  three  years,  at  least, 
the  time  required  for  the  final  adoption  of  any 
amendment  would  be  very  short,  under  the  sec- 
tion as  it  now  stands.  The  action  of  two  suc- 
cessive Legislatures  is  required,  but  the  Legis- 
lature meeting  every  year,  only  one  year  would 


15tli  day.] 


AMENDMENTS. 


529 


Wednesday,] 


LocKwooD — Brosnax — Frizell — Chapin — Banks. 


[July  20. 


intervene  between  the  original  propofsition  and 
the  final  adoption  of  whatever  amendments  it 
may  be  deemed  necessarv  to  make  in  the  Con- 
stitution. In  that  way,  it  seems  to  me  the  Legis- 
lature will  be  able  to  accomplish  all  that  will 
become  necessary  within  a  few  years,  and  I  do 
not  see,  in  that  view  of  the  matter,  that  any 
amendment  of  the  section  is  necessary. 

Mr.  LOCKWOOD.  I  would  like  to  say  a  few 
words  while  the  gentleman  from  Storey  (Mr. 
Brosnan)  is  preparing  his  amendment,  and 
whenever  he  is  ready  to  present  it  I  will  stop. 
I  heartily  concur  in  the  sentiments  which  have 
been  expressed  by  the  gentleman  from  Washoe. 
(Mr.  Nourse.)  Sir,  I  consider  that  the  funda- 
mental law  of  this  future  State  would  be  placed 
almost  in  the  light  of  a  legislative  enactment, 
by  the  change  contemplated.  I  would  consent 
to  have  it  provided,  that  the  time  for  submitting 
these  amendments,  after  action  on  them  by  one 
Legislature,  shall  not  be  extended  beyond  two 
years ;  but  further  than  that  I  do  not  think  I 
can  conscientiously  go.  In  my  opinion,  the 
provision  as  it  now  stands  is  ample  for  amend- 
ing the  Constitution.  It  may  be  that  I  have 
less  confidence  in  the  people  than  others,  but  I 
do  believe  that  if  there  shall  be  a  desire  to 
change  the  Constitution  for  any  purpose,  no 
great  damage  can  ensue  from  allowing  the 
amount  of  time  prescribed  in  this  section  to 
intervene  between  the  first  passage  of  the  propo- 
sition for  amendment  and  its  final  adoption.  I 
certainly  think  that  it  is  well  to  provide  that 
changes  shall  not  be  made  for  any  slight  or 
trivial  objects  or  purpose — that  it  shall  only 
be  under  extraordinai'y  circumstances  that  we 
are  to  be  called  upon  to  change  the  fundamen- 
tal law  of  the  State. 

Another  thing  which  I  intended  to  say,  was 
this :  that  if  we  malve  this  amendment,  pul)lic 
speakers  might  go  out,  in  the  interest  of  the 
opposition  to  the  Constitution,  and  say  that  not- 
withstanding we  have  made  certain  restrictions 
in  the  Constitution,  those  restrictions  are  only 
adopted  for  the  purpose  of  electioneering,  and 
that  just  as  soon  as  we  get  the  Constitution 
fastened  on  the  people,  we  propose  to  amend  it 
to  suit  ourselves,  and  to  suit  the  politicians. 

Mr.  BROSNAN.  The  a'nendmcnt  I  propose 
is  now  ready.  It  leaves  the  section  as  printed 
to  stand,  and  ray  motion  is  to  amend  it  by  in- 
sorting  the  proviso,  which  I  have  drawn  up, 
after  the  words  "  as  the  Legislature  shall  pre- 
scribe." I  will  ask  the  Secre  itary  to  read  tht; 
section  as  it  will  stand  with  the  proviso  inserted. 

The  SECRETARY  read  as  follows  : 

Section  1.  Any  amendment  or  amendments  to  thi.s 
Constitution  may  be  iirojiosed  in  the  Senate  or  Assem- 
bly; and  if  the  same  shall  be  agreed  to  by  a  majority  of 
the  members  elected  to  each  of  the  two  Houses,  such 
proposed  amendment  or  ameudmeiits  shall  Vie  entered 
on  their  journals,  with  the  ayes  and  no^'S  taken  thereon, 
and  referred  to  the  Legislature  then  next  to  l)e  ehosen. 
and  shall  be  published  for  three  mouths  next  preceding 
the  time  of  making  such  choice.  And  if  in  the  Legis- 
lature next  chosen  as  aforesaid,  such  projiosed  amend- 
ment or  amendments  shall  be  agreed  to  by  a  majority 
of  all  the  members  elected  to  each  House,  then  it  shall 

a8 


be  the  duty  of  the  Legislature  to  submit  such  proposed 
amendment  or  amendments  to  tlie  peojjle  in  such 
manner  and  at  such  linic  as  the  Legislature  shaU  pre- 
scribe ;  jii-oi-iilnl,  that  if  at  any  time  witliin  four  years 
after  tlie  adoption  of  this  Constitution  it  shall  be  ad- 
visabli'  t. )  aniiud  the  same,  sut^h  amendment  or  amend- 
ments may  1h>  proposed  in  the  Senate  or  Assembly, 
and  if  the  same  shall  be  agreed  to  by  a  vote  of  two- 
thirds  of  all  the  members  elected  to  each  of  the  two 
Houses,  such  proposed  amendment  or  amendments 
shall  be  entered  on  their  journals,  with  the  ayes  and 
noes  taken  thereon.  It  shall  then  be  the  duty  of  the 
Legislature  to  submit  such  proposed  amendment  or 
amendments  to  the  people  in  su--li  manner  and  at  such 
time  as  the  Legislature  shall  prcscrilx',  and  if  the  peo- 
ple shall  approve  and  ratify  such  aiiimdment  (U-  amend- 
ments by  a  majority  of  the  (  lrct,,rs  cpiahlicd  to  vote 
for  members  of  the  Let,'islaliii-.'  \nting  thereon,  such 
amendment  or  amendments  shaU  become  a  part  of  the 
Constitution. 

Mr,  FRIZELL.  Before  the  vote  is  taken  on 
that  amendment,  I  desire  to  say  that  I  recollect 
the  other  night,  when  this  question  came  up 
before  the  Judiciary  Committee,  it  was  then 
and  there  conceded,  for  some  reasons  which  we 
supposed  to  be  good,  but  which  at  the  present 
time,  however,  I  do  not  recollect  distinctly, 
that  it  would  be  right  and  rea.sonable  to  pro- 
vide that  one  Legislature,  by  a  two-thirds  vote, 
might  recommend  any  change  in  the  Constitu- 
tion, and  then  that  another  Legislature  might 
vote  upon  and  adopt  such  change,  if  it  deemed 
proper,  taking  the  proposition  as  a  whole.  Al- 
though those  reasons  do  not  occur  to  my  mind 
at  the  present  time,  still,  I  will  say  I  believe 
that  a  State  Constitution  ought  not  to  be 
changed  on  any  slight  pretext,  or  without  great 
care  and  deliberation.  On  the  other  hand,  a 
Constitution  is  like  any  other  piece  of  ponder- 
ous machinery,  that  may  or  may  not  be  perfect 
in  all  its  parts,  and  when  that  machinery  is 
made  and  put  together  by  thirty-nine  mechanics, 
which,  I  believe,  is  the  number  composing  this 
Convention,  it  may  possibly  be  that  the  entire 
machine  will  not  at  first  work  gJimothly  in  every 
respect.  Therefore,  for  the  first  two  or  three 
years,  it  may  not  be  out  of  tue  way  to  allow 
one  Legislature,  by  a  two-thirds  vote,  their  ac- 
tion being  subsequently  sanctioned  by  the  peo- 
ple, to  change  the  Constitution  in  some  particu- 
lars. I  think  there  are  clearly  two  sides  to  this 
question. 

Mr.  CHAPIN.  If  the  reasons  which  were 
presented  in  the  Judiciary  Committee  were  not 
important  enough  to  fix  themselves  upon  my 
colleague's  mind,  so  that  he  could  retain  them 
two  days,  I  am  inclined  to  think  they  are  not 
entitled  to  much  weight.  It  occurs  to  me  that 
we  had  better  let  this  section  remain  as  it 
is.  That  is  my  idea  of  it.  I  do  not  want  to 
see  this  fundamental  law  easily  or  suddenly 
changed. 

Mr.  BANKS.  I  dislike  exceedingly  to  object 
to  any  proposition  submitted  by  the  gentleman 
from  StoreJ^  wlio  has  ollVred  this  amendment, 
for  I  know  that  he  has  given  the  suhjcct  much 
attention,  and  he  is  generally  on  the  conserva- 
tive side.  Nevertheless  I  shall  be  compelled  to 
vote  against  this  provi.so.  The  only  argument 
which  appears  to  me  to  possess  much  force,  in 


530 


AMENDMENTS. 


[loth  day. 


Wednesday,] 


McClinton — Brosxan. 


[July  20. 


favor  of  the  iucorporation  of  the  proviso,  is 
that  ciivanistaiices  may  arise  at  au  early  day 
which  will  imperatively  demand  a  chaoge  ia 
the  C.JiistitiUioa.  and  liiat  l)y  the  provision  in 
Section  1.  as  it  stind-s.  it  will  rc(iuire  two  ses- 
sions of  the  L'»irislature.  and  tlieu  a  vote  of  the 
people,  to  effect  such  change.  Now,  in  the 
first  place,  I  think  we  ought  to  discriminate  as 
fara-s  possible  against  a  change,  for  the  reasons 
stated  by  the  gentleman  from  Washoe,  (Mr. 
Nourtse,)  and  the  gentleman  from  Ormsby. 
(Mr.  Lockwood.)  But  I  have  this  fartiier  oliji-c- 
tion.  that  if  it  shall  become  apparently  indis 
pensably  necessary  to  procure  a  change  in  the 
Constitution,  ia  a  space  of  time  shorter  than 
that  required  for  submitting  it  to  two  succes- 
sive sessions  of  the  Legislature,  resort  may  be 
had  to  the  power  conferred  in  Section  2,  of 
calling  a  Convention.  Tiiat  could  not  involve 
a  very  great  amount  of  expense,  and  if  the  re- 
quirements or  exigencies  of  the  time  be  such  as 
absolutely  to  demand  a  change,  the  people 
would  not  grumble  at  the  expense.  Certainly 
I  think  that  these  two  sections,  as  tht-y  now 
stand,  present  all  reasonable  facilities  for 
amending  the  Constitution.  Section  2  pr(jvides, 
as  we  have  amended  it,  for  action  Ijy  one  L"gis- 
lature  to  call  a  meeting  of  tiie  representatives 
of  the  people  in  Convention,  and  then  another 
election  is  to  be  held  within  six  months  there- 
after. Within  six  months,  then.  af't(!r  tlie  first 
action  on  the  proposed  change,  the  Conven- 
tion may  Ije  held,  and  the  change  required  in 
the  Constitution  may  at  once  be  made.  I  think 
we  have  liere  all  the  power  required  for  amiMid- 
ing  the  Constitution,  and  at  the  same  time  w'e 
have  all  the  safeguards  wliich  other  States  have 
found  it  desirable  to  throw  around  tlieir  fun- 
damental laws.  It  will  be  remembered  that,  in 
the  liistory  of  all  new  States,  tlie  dangers 
to  the  government  have  arisen  in  the  early  pe- 
riods of  their  history.  And  the  reasons  for 
this  are  obvious.  The  people  are  to  a  great 
extent  unaccpiainted  with  the  individuals  whom 
they  are  compelled  by  the  necessities  of  the 
case  to  vote  for  and  elect  to  office.  So  it  was 
in  California,  and  so  it  has  been  in  all  the 
western  States.  Men  come  into  the  new  com- 
munity who  have  some  talent,  and  are  able, 
therefore,  to  secure  the  confidence  of  the  mass- 
es, but  in  many  cases  they  may  not  l)e  worthy 
of  conlidence.  Probal)ly  onr  history  will  be 
the  .same,  until  we  have  lived  here  and  met 
each  other  in  private  life  and  in  public  stations, 
long  enough  to  become  so  faniiliarly  ac(|uaint- 
ed  with  each  other  that  we  can  judge  with  tol- 
erable accuracy  as  to  the  honesty  and  fitness  of 
aspirants  for  office.  There  will  be  less  danger, 
tliiirefore.  in  that  resp  'ct,  after  the  lapse  of  two 
or  three  yeans.  I  hope,  for  these  reasons,  that 
if  this  cr)Q8ervative  provision  is  to  be  thrown 
around  our  Constitution  as  a  safeguard  in  any 
stage,  it  will  bo  ia  the  first  few  years  of  our 
history  as  a  State. 

Mr.  Mct;LL\TON.     I  am  not  entirely  satis- 
fied with  the  Bcctioa  as  it  will  read,  with  the 


last  proposed  amendment,  and  I  am  now  pre- 
paring another  aniendm(>nt.  I  suppose  it  will 
not  be  in  order  at  the  present  time,  but  if  gen- 
tlemen will  have  the  courtesy  to  wait  a  few 
minutes.  I  will  endeavor  to  have  it  linislied,  and 
submit  it  to  the  consideration  of  the  Conven- 
tion. I  am  satislied  tliat  it  will  meet  the  views 
of  almost  every  member.  The  proposition  I 
intend  to  snl)mit.  while  it  still  requires  the 
action  of  two  Legislatures  to  amend  the  Cou- 
stitution,  will  yet,  to  a  great  extent,  prevent 
one  faction,  or  oni;  portion  of  thi>  jjonple.  from 
carrying  through  au  amendment  which  would 
be  olijectionable  to  a  very  large  minority  op- 
posed to  them  ;  and  it  will  also  tend  to  prevent 
a  large  majority  of  the  Legislature  from  making 
amendments  suited  to  tlieir  own  particular  and 
peculiar  views,  against  the  wishes  of  the  mi- 
nority. At  the  same  time  it  will  not  require 
quite  so  long  a  period  of  time  to  make  an 
amendment  of  the  Constitution  as  under  the  sec- 
tion as  proposed  to  be  amended.  With  the  sec- 
tion as  it  stands  at  the  present  time,  although 
a  necessity  might  arise  for  a  change  in  the  fun- 
damental law^,  yet  before  that  change  could  be. 
effected,  the  necessity  might  wear  itself  out, 
and  we  should  not  be  able  to  secure  the  bene- 
fit of  the  required  amendment. 

Gentlemen  here  inform  me  that  my  amend- 
ment would  be  in  order  at  this  time,  and  if  the 
Convention  will  bear  with  me  a  lialf  a  minute, 
I  will  prepare  it,  and  read  it  for  information, 
or  offer  it  for  the  action  of  the  Convention.  I 
think  it  will  be  satisfactory  to  the  mover  of  the 
pending  amendment. 

Mr.  BROSNAN.  I  will  merely  say,  whilst 
the  gentleman  from  Esmeralda  is  preparing  his 
amendment,  that  for  myself  I  have  no  particu- 
lar feeling  about  this  matter.  I  am  rather  con- 
servative in  my  views,  touching  written  Con- 
stitutions, and  as  much  apprehensive  of  change 
as  any  man  ;  but  our  condition  here  seems  to 
be  so  peculiar  that  1  think  our  people  w'ould  be 
competent  to  judge  with  discretion  whether  or 
not  in  the  cour.se  of  three  or  four  years  they 
would  like  to  have,  for  instance,  an  opportunity 
to  advance  their  aid,  as  a  State,  towards  the 
completion  of  works  of  internal  improvement. 
That  was  mainly  my  object  in  introducing  the 
amendment  — to  give  the  people  an  opportunity 
of  exercising  tliat  privilege  and  right,  if  they 
desire  it,  being  conlident  all  the  time  that  they 
will  be  able  to  judge  and  determine  the  ques- 
tion with  proper  care  and  caution. 

Mr.  McCLlNTON.  1  will  now  present  my 
amendment. 

The  SECRETARY  read  the  amendment,  as 
follows  : 

strike  out  in  tlio  fourth  line  the  words  "  a  majority  " 
and  insert  in  lion  tlnTcofthe  words  "  two-thirds  vote." 
Also.  8trik(f  out  all  after  the  word  "  thereon  "  in  the 
eighth  lino  to  and  iuc^luding  the  word  "  house  "  in  the 
fourteenth  line,  and  insert  in  lieu  tlureof  the  word 
'•  aTid. "  Also,  strike  out  all  the  remaining  p(jrtion  of 
the  section  after  the  word  "thereon"  in  tin;  twenty-first 
line,  and  add  in  lieu  thereof  the  following:  "  Said  pro- 
posed amendnieuts  shall  then  be  referred  back  to  the 


loth  day.] 


AMENDMENTS. 


531 


Wednesday,] 


McClixtox—Eakl— Dunne— Mason — Brosnan. 


[July  20. 


Legislature  next  convening,  and  if  said  amendments 
shall  be  adopted  by  a  vote  of  two-thirds  of  all  the  mem- 
bers elected  to  each  branch  of  the  Legislature,  said 
amendments  shaU  become  a  part  of  the  Constitution. 

Mr.  McCLINTON.  My  object  ia  offering  this 
aminidiiient  lias  been  partially  explained  al- 
ready, and  it  will  be  obvious  I  think  to  every 
member  of  the  Convention.  In  th"!  first  place, 
by  this  am  'ndin'Mit  a  two-thirds  v^ite  of  all  the 
members  elected  to  both  branches  of  the  Legis- 
lature is  required  to  propose  ameudments  to  the 
Constitution.  Now  there,  at  the  very  c  m- 
mencement,  the  rights  of  the  people  are,  some 
would  think,  sufficiently  guarded.  Again  it 
proposes  that  at  the  next  general  election  the 
amendments  so  proposed  shall  be  submitted  to 
a  vote  of  the  people,  and  if  a  majority  of  the 
people  shall  ratify  the  amendments,  they  do  not 
then  become  a  part  of  the  Constitution,  but  are 
referred  to  the  next  succeeding  Legislature, 
and  that  next  Legislature  when  convened  has  a 
voice  in  the  matter  also,  and  there  it  requires 
a  two-thirds  vote,  again,  of  all  the  members 
elected  to  both  branches,  to  ratify  any  amend- 
ment, and  make  it  become  a  part  of  the  Con- 
stitution. That  will  save  about  two  years  time. 
That  is  to  say,  amendments  can  be  made  in  two 
years  less  time,  as  I  understand  it,  than  they 
can  by  the  provisi/3n  proposed  by  the  gentleman 
from  Storey,  (Mr.  Brosnan.) 

Now  our  interests  here  are  constantly  chang- 
ing. We  du  not  know  one  year  what  exigencies 
may  arise  the  next  year,  to  be  affected  by  that 
action  which  we  may  now  consider  proper 
and  just.  Such  exigencies  may  arise  as  to  ren- 
der it  a  matter  of  absolute  necessity  to  adopt 
an  amendment  to  the  Constitution,  in  order  to 
meet  certain  ends  for  the  promotion  of  the  pub- 
lic good  ;  but  under  the  proposition  of  the  gen- 
tleman from  Storey  (Mr  Brosnan)  that  necessity 
would  wear  itself  out  before  the  changes  could 
possibly  be  made.  One  of  the  many  objections 
which  1  heard  advanced  against  the  old  Con- 
stitution was  in  regard  to  this  very  Article  of 
Amendments — that  any  proposed  amendment 
must  be  delayed  so  long.  Now  I  am  opposed 
ill  loto  to  giving  any  one  Legislature  the  power 
to  amend  the  Constitution,  even  with  a  vote  of 
ratification  by  the  people.  I  do  not  think  that 
a  Constitution,  which  is  framed  for  all  time, 
should  be  so  easily  patched  up.  It  might  be 
fixed  up  one  year  to  suit  the  interests  of  one 
party,  and  the  next  year  there  might  be  another 
party  in  power,  which  would  fix  it  up  to  suit 
them,  and  the  year  following  perhaps  another 
mongrel  hybrid  party  might  get  into  power, 
who  would  also  remodel  it  to  answer  their  pur- 
poses, and  so  on  ad  libitum.  I  want  to  avoid 
that  danger,  and  at  tlie  same  time  to  shorten 
the  time  required  for  amendments,  and  give  the 
people  power  to  pass  upon  them. 

Mr.  EARL.  I  desire  to  define  my  position, 
and  it  is  that  I  believe  that  this  provision  is 
strong  enough  and  good  enough  just  as  it  is, 
and  Ihope  we  shall  let  it  remain  without  any 
amendment. 


I  Mr.  DUNNE.  My  object  in  suggesting  that 
I  this  amendment  should  be  put  in  the  form  of  a 
proviso,  was  merely  that  it  should  not  interfere 
with  tile  first  section  as  it  stands  ;  because  I 
deemed  it  necessary,  if  it  wre  not  put  in  that 
form,  to  n  enact  that  sect  on.  I  think  the 
majority  of  the  Convention  regard  Section  1  in 
the  light  of  a  basis,  as  to  future  constitutional 
amendments,  and  therefore  if  there  was  to  be 
any  amendme;;t  of  a  temporary  nature,  I 
thought  it  should  be  placed  at  the  end,  in  the 
way  of  an  exception.  In  r.'gard  to  the  argu- 
ment of  the  gentleman  who  olfered  the  last 
amendment,  that  by  his  proposition  we  could 
get  an  amendment  of  the  Constitution  two 
years  sooner  than  under  this  proviso  of  the 
gentleman  from  Storey,  (Mr.  Brosnan.)  I  cannot 
see  how  it  is  to  be  done. 

Mr.  McCLINTON.     I  understand  that  under 
the  proviso  of  the  gentleman  from  Storey,  it 
will  take  four  years  to  amend  the  Constitution. 
Mr.  DUNNE.    The  amendment  proposed  by 
the  gentleman  from  Esmeralda,  (Mr.  McClin- 
ton,)    provides,   if  I  understand   it   correctly, 
that  a  two-thirds  vote  of  the  members  of  the 
Legislature  may  adopt  any  proposed  amend- 
ment, that  it  shall   then   be  submitted  to  the 
people  and  adopted  by  them,  and  that  then  it 
j  shall  go  to  the  succeeding  Legislature  and  be 
j  adopted  hj  them,  after  which  it  shall  become 
a  part  of  the  Constitution.     Now  as  the  gen- 
;  tleman  from  Storey  (Mr.  Brosnan)  proposes  by 
i  his  proviso,  an  amendment  cnuld  be  adopted 
I  by  the  same  means  exactly,  with  the  exception 
I  of  the  last  vote  of  the  Legislature,  and  there- 
i  fore  an  amendment  to  the  Constitution  could 
i  be  effected  six  months  sooner  under  that  pro- 
!  viso  than  under  the  amendment  of  the  geutle- 
i  man  from  Esmeralda 

i      Mr.  McCLINTON.    That  would  be  too  soon. 
Mr.  DUNNE.    I  believe  it  is  best  to  let  the 
section  stand  as  it  is. 

I      Mr.  MASON.    I  am  sorry  to  differ  with  my 
I  colleague  from  Esmeralda,  but  1  cannot  see  his 
I  point.     After  an  amendment  to  the  Constitu- 
!  tion  has  been  presented  for  the  consideration  of 
the  people  of  the  State,  and  after  it  has  re- 
ceived their  ratification,  and  been  returned  by 
them  to  the  succeeding  Legislature,  I  think  it 
I  would  be  assuming  a  good  deal  for  that  Legis- 
I  lature  to  refuse  to  indorse  the  action  of  the 
!  people.     After  the  people  have  once  expressed 
their  views    by  a    majority  vote,  they  would 
naturally  expect  the  Legislature  to  act  in  ac- 
cordance with  those  views.    Now  I  desire  to 
see  all  the  safeguards  possible  thrown  around 
the  people's  rights,  but  1  know  what  questions 
!  are    principally   aimed    at    by    constitutional 
j  amendments.    I  have  lived  in  other  new  States, 
and  I  have  seen   the  evils  resulting  from  this 
sort  of  action,  and  therefore,  for  one.  1  am  ia 
favor  of  the  section  as  it  now  stands. 

Mr.  BROSNAN.  Inasmuch  as  it  seems  to  be 
the  sense  of  the  Convention  that  the  section  is 
well  enough  just  as  it  is,  and  inasmuch  as  that 
is  not  in  opposition  to  my  own  impressioDS.  I 


532 


AMENDMENTS. 


[15th  day. 


Wednesday,] 


McClinton— Mason — Dunne — Gibson— Banks— Collins. 


[July  20. 


will,  with  the  leave  of  the  Convention,  with- 
draw iny  ameudment. 

No  olyoctiou  being,  made  the  amendment  was 
withdrawn. 

The  nUL'.<tion  was  stated  on  the  amendment 
oftered  l)V  .Mr.  McClinton. 

Mr.  M("CLIXT()N.  J  will  suggest  to  ray  col- 
league, (.Mr.  Mason.)  with  all  due  res|)(ct.  that 
if  he  had  a  very  distinct  recolk'ctiou  of  the 
strong  points  which  were  made  against  the 
adoption  of  the  old  Constitution  last  fall,  in 
Esmeralda  County,  he  would  hardly  be  in  favor 
of  retaining  this  section  as  it  now  reads ;  be- 
cause I  know,  of  my  own  per.-onal  knowledge, 
that  this  matter  of  amendments  was  a  very 
strong  point,  mide  by  able  men,  too,  again.st 
the  adoption  of  the  old  Constitution  ;  and  I 
know,  moreover,  that  one  of  the  delegates  from 
Esmeralda  who  sat  in  the  Convention  of  last 
year,  when  he  came  back  and  I  called  his  at- 
tion  to  this  provision,  was  astonished  and  dumb- 
founded, and  said  he  was  not  aware  that  any 
such  .section  had  been  incorporated  in  the  Con- 
stitution. He  had  either  misunderstood  it,  or 
did  not  know  of  it,  or  had  paid  no  attention  to 
it.  And  one  thing  wiiich  he  told  me  before  I 
came  to  this  Convention  was,  that  if  it  were 
po.ssiblc  we  should  modify  this  section.  Well, 
1  am  not  his  catspaw,  nor  any  particular 
man's  catspaw,  but  I  do  want  to  comply,  as 
nearly  as  I  can,  with  what  1  believe  to  be  the 
wLshes  of  my  constituents,  so  long  as  their 
wishes  do  not  conflict  with  the  common  welfare 
of  the  Territory. 

Mr.  .M.V80N.  I  was  not  aware  of  any  such 
argument  having  bjen  used  against  the  old 
Constitution  ;  certainly  none  such  were  ad- 
vanced in  my  presence,  I  am  satisfied  that 
that  Constitution  was  repugnant  to  a  majority 
of  the  people  in  our  county,  from  a  variety  of 
causes.  One  ol)jection  was,  that  it  contained 
too  much  legislation,  and  another  was  the  pov- 
erty of  the  Territory,  and  its  consequent  inabil- 
ity to  sustain  a  State  Government.  In  respect 
to  this  last  olijection,  however,  as  I  have  here- 
tofore remarked,  theie  is  probably  not  one  man 
in  ten  who  does  not  pay  more  for  his  vices  tban 
he  does  for  his  taxes,  or  than  he  wonld  pay  for 
ta.xes  under  a  State  organization.  1  am  satis- 
fied that  my  colleague  is  acting  from  conscien- 
tious motives,  and  at  the  same  time  1  trust  it 
will  be  conceded  that  I  act  from  the  same  kind 
of  motives,  I  stand  here  responsible  to  my 
constituents  alone.  I  belong  to  nobody,  sir, 
and  nobody  belongs  to  me.  [Laughter.]  I  ap- 
prove of  this  article  just  as  it  is  :  1  ihink  it  is 
wordid  exactly  as  it  should  be.  and  it  is  a  safe- 
guard which,  in  my  o[)iiiion,  should  be  placed 
around  our  Constitution,  at  least  for  the  lirst 
four  years. 

Tbi;  ((uestion  was  taken  on  .Mr.  McClinton's 
am  iidin-Mit.  and  it  was  not  agreed  to. 

Mr.  DCX.N'lv     I  will   move  a   little  amend- 
_me  it  in  the  (irst  section.     I  move  to  amend  by 
insTting   the   word    "all"   before    the    v.-ord'sj 
"the  members  elected,''  so  as  to  "read— "all 


the  members  elected,"  We  have  adopted  that 
word  "  all  "  elsewhere,  in  the  same  connection. 

The  question  was  taken,  and  the  amendment 
was  agreed  to, 

Mr,  GIBSON,  I  move  the  adoption  of  Sec- 
tion 1  as  it  is  now  amended. 

The  question  was  taken,  and  the  section  was 
adopted, 

Mr,  DUNNE,  I  move  that  the  committee 
rise  and  report  back  the  several  articles  upon 
which  we  have  acted,  with  the  amendments 
that  have  been  recommended  thereto. 

The  question  was  taken,  and  the  motion  was 
agreed  to,  and  the  Convention  accordingly 
rose. 

IN    CONVENTION, 

The  SECRETARY  reported  that  the  Com- 
mittee of  the  Whole  had  had  under  considera- 
tion Article  XIII.  entitled  Militia.  Article  XIV, 
entitled  Public  Institutions,  Article  XV,  enti- 
tled Boundary,  and  Article  XVII,  entitled 
Amendments,  and  had  instructed  him  to  report 
the  same  back  to  the  Convention,  with  certain 
amendments  in  Articles  XV  and  XVII,  in 
which  they  asked  the  concurrence  of  the  Con- 
vention, 

Mr.  BANKS.  The  regular  parliamentary 
order  is  now,  I  believe,  to  ofder  these  articles 
engrossed. 

The  PRESIDENT.  The  question  is  finst  on 
the  adoption  of  the  report  of  the  Committee 
of  the  Whole. 

The  question  was  taken,  and  the  report  was 
adopted. 

The  PRESIDENT.  The  articles  will  now  be 
referred  to  the  Committee  on  Engrossment. 

ELECTION   ORDINANCE. 

Mr.  COLLINS.  By  reference  to  the  Enab- 
ling Act,  it  will  be  seen  that  provision  is  made 
that  the  soldiers,  both  within  and  without  the 
Territory,  in  the  United  States  service,  shall  vote 
on  the  adoption  or  rejection  of  the  Constitution. 
And  in  another  part  of  the  Enabling  Act  it  is 
further  required  that  this  Convention  shall  pro- 
vide bj'  ordinance  for  taking  the  votes  of  the 
people  on  the  adoption  or  rejection  of  the  Con- 
stitution, and  also  the  votes  of  those  who  may 
be  in  the  service  of  the  United  Slates,  on  the 
same  question.  In  accordance  with  these  re- 
quirements I  have  drafted  an  ordinance  which 
I  will  now  submit.  Originally,  my  design  in 
drafting  it  was  to  have  it  emiirace  only  the 
vote  upon  the  adoption  or  rejection  of  the  Con- 
stitution, including  the  votes  of  those  in  the 
army  of  the  United  States,  within  and  lieyond 
tlie  iKiundaries  of  this  Territory  ;  but  I  found 
it  was  going  to  require  a  great  deal  more  of 
space  than  I  had  anticipated,  and  therefore  I 
concluded  to  eniliodyin  the  same  ordinance  the 
rules  of  voting  to  govern  in  the  election  of 
officers  to  be  elected  under  this  Constitution, 
and  the  election  of  Presidential  electors  on  the 
7th  of  November  ne.xt,  in  case  the  Consti- 
tution shall  be  adopted.     I  will  now  present 


15th  day.] 


ORDINANCE. 


533 


Wednesday,] 


Collins. 


[July  20. 


the   ordinaace   for   the    consideratioa   of    the 
Convention. 

The  SECRETARY  read  the  ordinance,  as 
follows  : 

Wheeeas,  The  Enabling  Act  passed  by  the  Thirty- 
Eighth  Congress,  and  axjproved  March  '21st,  A.  D.  1864, 
requires  that  the  Convention  charged  with  the  duty  of 
framing  a  Constitution  for  a  State  (iovcrnment  "  shall 
provide  by  ordinance  for  submitting  said  Constitution 
to  the  people  of  the  Territory  of  Nevada  for  their  rati- 
fication or  rejection,"  on  a  certain  day  prescribed 
therein  ;  therefore,  this  Convention,  organized  in  pur- 
suance of  said  Enabling  Act,  do  establish  the  follow- 
ing 

ORDINANCE. 

Section  1.  On  the  first  Wednesday  of  September, 
A.  D.  18G4,  this  Constitution  shall  be  submitted  to  the 
qualified  electors  of  said  Territory  in  the  several 
counties  thereof,  for  their  approval  or  rejection  ;  and 
further,  on  the  first  Tuesday  after  the  first  Monday  of 
November,  A.  D.  1864,  there  shall  be  a  general  election 
in  the  several  counties  of  said  Territory,  for  the  elec- 
tion of  State  officers,  Supreme,  District,  and  County 
Judges,  members  of  the  Legislature,  members  of  Con- 
gress, and  three  Presidential  electors. 

Sec.  2.  All  iiersons  quaUfied  by  the  laws  of  said 
Territory  to  vote  for  Rex^reseutatives  to  the  General  As- 
sembly on  the  said  twenty-first  day  of  March,  includ- 
ing those  in  the  army  of  the  United  States,  both  within 
and  beyond  the  boundaries  of  said  Territory,  and  also 
all  persons  who  may  by  the  aforesaid  laws  be  qualified 
to  vote  on  the  first  Wednesday  of  September,  A.  D. 
1864,  including  those  in  the  aforesaid  army  of  the 
United  States,  within  and  without  the  boundaries  of 
said  Territnry,  may  vote  for  the  adoiJtion  or  rejection 
of  said  ('(institution  on  the  day  last  above  named.  In 
voting  np(jn  tins  Constitution,  each  elector  shall  de- 
posit in  the  ballot-box  a  ticket,  whereon  shall  be  clearly 
written  or  printed  "  Constitution,  Yes,"  or  "  Constitu- 
tion, No,"  or  such  other  words  that  shall  clearly  indi- 
cate the  intention  of  the  elector. 

Section  3.  All  persons  quaUfied  by  the  laws  of  said 
Territory  to  vote  on  the  first  Tuesday  after  the  first 
Monday  of  November,  A.  D.  eighteen  hundred  and 
sixty-four,  including  those  in  the  army  of  the  United 
States  within  and  beyond  the  boundaries  of  said  Terri- 
tory, may  vote  on  the  day  last  above  named  for  State 
oflicers.  Supreme,  District,  and  County  -Judges,  Mem- 
bers of  the  Legislature,  Member  of  Congress,  and 
three  Presidential  electors  to  the  Electoral  College. 

Sec.  4.  The  elections  i^rovided  in  this  ordinance 
shall  be  holden  at  such  places  as  shall  be  designated  by 
the  Boards  of  Commissioners  of  the  several  counties 
in  said  Territory.  The  .Judges  and  Inspectors  of  said 
elections  shall  be  appointed  by  said  Commissioners, 
and  the  said  elections  shall  be  conducted  in  conformity 
with  the  existing  laws  of  said  Territory  in  relation  to 
holding  tile  general  election. 

Sec.  5.  The  .Indtjes  and  Inspectors  of  said  elections 
shall  carefully  enuut  oacli  ballot  immediately  after  said 
elections,  and  forthwith  make  duplicate  returns  thereof 
to  the  Clerks  of  the  said  County  Commissioners  of 
their  respective  counties,  and  said  Clerks  shall  imme- 
diately transmit  an  abstract  of  the  same,  inclosed  in 
an  envelope,  by  the  most  safe  and  exi^editious  convey- 
ance, to  the  Govei'nor  of  said  Territorj',  marked  "  Elec- 
tion Returns." 

Sec.  6.  Upon  the  receipt  of  said  returns,  and  the 
returns  of  the  soldiers'  vote,  as  hereinafter  provided, 
or  within  twenty  days  after  the  elections,  if  said  re- 
turns be  w  it  si  loner  received,  it  shall  be  the  duty  of  the 
Board  nf  ( 'ouiiinssioners,  to  consist  of  the  Governor, 
United  States  District  Attorney,  and  Chief  .Justice  of 
said  Territory,  to  canvass  the  returns  of  said  elections, 
both  Civil  and  Military,  in  the  presence  of  all  who  may 
wish  to  be  present,  and  immediately  publish  an  ab- 
stract of  the  same  in  some  newspaper  of  said  Terri- 
tory, and  shall  forward  them  by  mail  or  otherwise,  cop- 
ies of  said  newspapers  to  the  clerks  of  each  county  of 
said  Territory,  for  the  use  of  the  county  and  township 
officers  thereof.     The  said  Board  shall,  after  the  said 


November  election  and  canvassing  of  its  votes,  issue 
certificates  of  election  to  such  persons  as  wore  elected 
on  the  said  first  Tuesday  after  the  first  iMonday  in  No- 
vember, A.  D.  1804.  The  (idve-rucir  of  said  Territory, 
immediately  after  ascertaining,'  tliat  this  Constitution 
has  been  ratified  liy  the  peoiile,  .sliall  maki-  proclama- 
tion of  tile  tact  ill  Sduie  iii'wsxiaper  as  aforesaid,  and 
thenceforth  this  Cnustitiitinn  sliall  be  (irdained  and  es- 
tablished as  the  Conslitui  kih  .,1  tlie  state  iif  Nevada. 

Sec.  7.  For  the  iiuriicse  nf  takim,' llie  vote  of  the 
electors  of  said  Territory  who  may  be  in  tin;  army  of 
the  United  States,  the  Adjutaut-tieiieral  of  said  Terri- 
tory shall,  on  or  before  the  fifth  day  of  August  next 
following,  make  outa  list  in  alphabetical  order,  and  de- 
liver the  same  to  the  Governor,  of  the  names  of  all  the 
electors,  residents  of  said  Territory,  who  shall  be  in  the 
army  of  the  United  States,  stating' the  number  of  the 
regiment,  battaUon,  squadron  of  cavalry,  or  battery  of 
artiUery,  and  the  letter  of  the  company  to  which  such 
elector  belongs,  and  also  the  county  and  township  of 
his  residence  in  said  Territory. 

Sec.  8,  The  Governor  shall  classify  and  arrange  the 
aforesaid  returned  list,  and  shall  make  therefrom  sepa- 
rate lists  of  the  electors  beloiii^int,'  to  each  regiment, 
battalion,  squadron,  and  battery  tnnusaid  Territory  in 
the  service  of  the  United  States,  and  shall,  on  or  before 
the  fifteenth  day  of  August  following,  transmit,  by 
mail  or  otherwise,  to  the  commanding  officer  of  each 
regiment,  battahon,  squadron,  and  battery  a  list  of 
electors  belonging  thereto,  which  said  list  shall  specify 
the  name,  residence  and  rank  of  each  elector  and  com- 
pany to  which  he  belongs,  if  to  any,  and  also  the  county 
and  township  to  which  he  belongs  and  in  which  he  is 
entitled  to  vote. 

Sec.  9.  Between  the  hours  of  nine  o'clock  A.  M.,  and 
three  o'clock  P.  M.,  on  each  of  the  election  days  here- 
inbefore named,  a  ballot  box  or  suitable  recexJtacle  for 
votes  shall  be  opened  under  the  unmediate  charge  and 
direction  of  three  of  the  highest  officers  in  command, 
for  the  reception  of  votes  from  the  electors  whose 
names  are  upon  said  list,  at  each  place  where  a  regi- 
ment, battalion,  squadron,  or  battery  of  soldiers  from 
said  Territory  in  the  army  of  the  United  States  may  be 
on  that  day  ;  at  which  time  and  place  said  electors 
shall  be  entitled  to  vots  for  all  officers  for  which  by 
reason  of  their  residence  in  the  several  counties  in 
said  Territory  they  are  authorized  to  vote,  as  fully  as 
they  would  be  entitled  to  vote  in  the  several  counties 
and  towushiiis  in  which  they  reside,  and  the  votes  so 
given  by  such  electors,  at  such  time  and  place,  shall  be 
considered,  taken,  and  held  to  have  been  given  by 
them  in  the  respective  counties  and  townships  in 
which  they  are  resident. 

Sec.  10.  Each  ballot  deposited  for  the  adoption  or 
rejection  of  this  Constitution  in  the  army  of  the  United 
States,  shall  have  distinctly  written  or  printed  thereon, 
"Constitution,  Yes,"  or  "Constitution,  No;"  and  fur- 
ther, for  the  election  of  State  otficers,  Suiireme,  Dis- 
trict, and  County  Judges,  members  of  the  Legislature, 
member  of  Congress,  and  three  Presidential  Klectors, 
the  name  and  office  of  the  person  voted  for  shall  be 
plainly  written  or  printed  on  one  ijiece  of  p.qier.  The 
name  of  each  elector  voting  as  aforesaid  sluiU  be 
checked  upon  the  said  list  at  the  time  of  voting  Ijy  one 
of  the  said  officers  having  charge  of  the  ballot-box. 
The  said  officers  having  caarge  of  the  election  shall 
count  the  votes  and  compare  them  with  the  checked 
list  immediately  after  the  closing  of  the  ballot-box. 

Sec.  11.  All  the  ballots  cast,  together  with  the  said 
voting  list  checked  as  aforesaid,  shall  be  immediately 
sealed  up  and  sent  forthwith  to  the  Governor  of  said 
Territory,  at  Carson  City,  by  mail  or  otherwise,  by  the 
commanding  officer,  who  shall  also  make  out  and  cer- 
tify duplicate  returns  of  votes  given  according  to  the 
forms  hereinafter  prescribed,  seal  up  and  immediately 
transmit  the  same  to  the  said  (iovernor,  at  Carson 
City,  by  mail  or  otherwise,  the  day  following  the  trans- 
mission of  the  ballots  and  voting  list  herein  named. 

Sec.  1'2.  The  form  of  returns  of  votes  to  be  made 
by  the  commanding  officers  to  the  said  Governor  shall 
be  as  follows  : 

Returns  of  soldiers'  votes  in  the  (here  insert  the 
regiment,  detachment,  battalion,  squadron,  or  battery.) 
(For  fii'st  election — On  the  Constitution.) 


534 


COMMITTEES. 


[15th  day. 


Wednesday,]  Hovey— Collins— LocKwoon— Banks— Duxxe—McClintox—Brosxan.     [July  20. 


I  ,  herebv  certify,  that  on  the  first  Wednesday  i 

of  September,  A.  D.  eijjhUen  hundred  and  sixty-four,  I 
the  tKvt.>rs  l.el.>n^'iun  t.)  the  (ht-rc  insert  the  name  of 
the  ret!ini<iit.  drtaeliment.  battiliou.  squadron,  or  bat-  I 
terv)  list  till-  followiuK  number  of  votes  fur  and  against  | 
the' Constitution  for  the  State  of  Nevada,  viz  :  | 

For  "Constitution,  Yes."— (Number  of  votes  written 
in  fulland  in  li^'ures.) 

Against  ••  Constitution,  No.  "—(Number  of  votes  writ- 
ten in  full  and  in  fifjures.) 

(Second  election— for  State  and  other  officers.) 

I, ,  hereby  certify,  that  on  the  first  Tuesday  af- 
ter the  first  Monday  in  November,  A.  D.  eighteen  hun- 
dred and  sixtv-four.  the  electors  belonging  to  the  (here 
insert  as  abo've)  east  the  following  number  of  votes 
for  the  several  officers  and  persons  hereinafter  named, 
viz  : 

For  Governor.- (Names  of  persons  voted  for,  num- 
ber of  votes  for  each  person  voted  for  written  in  full, 
and  also  in  figures,  against  the  name  of  each  person.) 

For  Lieuti'uaut-Governor. — (Names  of  candidates, 
number  of  votes  cast  for  each  written  out  and  in  fig- 
ures as  above.) 

Continue  as  above  till  the  list  is  completed. 
AUett:  A.  B.— 

Commanding  officer  of  the  (here  insert  regi- 
ment, detachment,  battallion,  squadron,  or  battery,  as 
the  case  may  be.) 

Skc.  13.  The  Govr-rnor  of  said  Territory  is  requested 
to  furnish  each  commanding  otticer  within  and  Ijeyoud 
the  boundaries  of  said  Territory,  proper  aud  sufficient 
blanks  for  said  returns. 

Sec.  14.  The  provisions  of  this  ordinance  in  regard 
to  the  soldiers'  votes,  shall  apply  to  future  elections 
under  this  Constitution,  and  be  in  full  force  until  the 
Legislature  shall  i)rovide  by  law  for  taking  the  votes 
of  citizens  of  said  Territory  in  the  army  of  the  United 
States. 

Sec.  l.").  Until  otherwise  pro\'ided  by  the  Legislar 
ture,  the  apportionment  of  Senators  and  Assemblymen, 
in  the  difl'erent  counties,  shall  be  as  follows: 

Mr.  HOV'EY.  I  will  suggest  whether  this 
matter  should  not  be  referred  to  the  Committee 
on  .Schedule? 

Mr.  COLLINS.  That  will  be  for  the  Con- 
vention to  decide. 

Mr.  HOVKY.  I  do  not  see  why  there  can- 
not be  a  provision  in  the  schedule  consi.stiug  of 
one  or  two  sections,  which  shall  provide  for 
the  eledions  and  the  return  of  votes. 

Mr.  LOCK  WOO  IX  I  will  move  to  refer  the 
ordinance  to  the  Committee  on  the  Schedule. 
I  have  no  hostility  to  it  whatever,  Init  I  think 
that  is  the  committee  to  which  it  should  prop- 
erly go. 

Mr.  COLLINS.  I  think  if  my  colleague  (Mr. 
Iluvcy)  slionld  undertake  to  throw  this  i)ro- 
vision  into  a  couple  of  sections  of  the  scliedulc, 
he  would  liiid  that  those  '•/clions  would  be  very 
long  indeed  ;  and,  besides),  the  Enalding  Act 
requires  those  things  to  be  done  by  ordinance. 

Mr.  IIOVHV.  Can  they  not  be  done  in  the 
Con-tiliition  instf-ad  of  a  si'i)arate  ordinance? 

Mr.  COLLINS.  No,  sir;  they  must  be  done 
by  ordinance. 

The  question  was  taken  on  the  motion  of  Mr. 
Lockwood  to  refer  the  ordinance  to  the  Com- 
mittee on  the  Schedule,  and  it  was  agreed  to. 

.ILDICIARY. 

Mr.  H.\NKS.    I  oiler  the  following  resolution  : 

Rrtolrnl.  That  thi-  .Judiciary  Committ<'e  be  and  they 
are  heri-t>y  rfHi)i;etfully  recjueHti'd  to  report  at  an  early 
hour  to-uiorrow,  on  the  matters  referred  to  them. 


The  question  was  taken,  and  the  resolutioa 
was  adopted. 

Bl'.SIXESS    BEFORE    THE    COMMITTEES. 

Mr.  DUNNE.  I  would  like  to  inquire  of  the 
Chairman  of  the  Committee  on  Education  when 
we  may  expect  a  report  from  that  committee. 

Mr.  COLLINS.  I  inquire  if  it  is  designed  to 
have  a  session  of  the  Convention  this  evening? 
The  Committee  on  Education  would  like  to 
meet  this  evening,  if  there  is  to  be  no  session 
of  the  Convention. 

Mr.  BANKS.  Then  I  hope  the  gentleman 
will  move  that  when  the  Convention  adjourn, 
it  adjourn  until  to-morrow. 

Mr.  McCLLNTON.  It  has  been  suggested 
that  the  committee  remain  here  this  evening, 
after  adjournment. 

Mr.  CHAPIN.  Cannot  the  Committee  on  the 
Judiciary  report  this  evening? 

Mr.  BllOSNAN.  The  Judiciary  Committee 
would  be  prepared  to  report  at  any  time,  but 
one  of  the  members,  the  President  of  the  Con- 
vention, has  requested  the  chairman  not  to  pre- 
sent the  report  until  he  is  here.  I  expect  to 
meet  him  during  the  recess,  to  confer  with  liirn 
in  regard  to  some  matters,  and  the  committee 
will  be  prepared  to  report  in  the  morning. 

Mr.  COLLINS.  Can  they  not  report  this 
evening? 

Mr.  LOCKWOOD.  I  thought  the  Committee 
on  Education  dr-sired  to  meet  this  evening. 

Mr.  COLLINS.  But  if  we  adjourn  now.  the 
Committee  on  Education  can  have  a  meeting 
at  once,  and  be  able  to  report  at  an  early  hour. 

Mr.  LOCKWOOD.  I  will  suggest  that  very 
important  matters  are  before  the  committee, 
and  we  can  perfect  the  report,  and  perhaps  get 
through  with  our  business  sooner,  by  adjourn- 
ing until  to-morrow.  I  am  rather  in  favor  of 
adjourning  until  tomorrow. 

Mr.  DUNNE.  I  will  make  a  motion  to  ad- 
journ now,  and  I  supnose  that  will  carry  the 
Convention  over  until  to-morrow. 

The  PRESIDENT  pro  tern.  The  Chair  does 
not  so  understand  it.  unless  it  shall  be  so  stated 
in  the  gentleman's  motion. 

Mr.  DUNNE.  I  do  not  wish  to  have  an  even- 
ing .session  for  this  reason  :  that  we  never  can 
get  the  committees  to  work  when  we  have  an 
evening  session.  The  Committee  on  Schedule 
has  thirty  or  forty  sections  to  consider,  and 
they  ought  to  meet  this  evening,  and  get  at 
least  a  jjortion  of  their  work  done,  so  that  the 
Convention  may  act  upon  it.  Tliey  ought  cer- 
tainly to  be  al)le  to  fini.sh  the  article  on  Miscel- 
laneous Provisions.  They  have  that  article 
liefore  them,  and  also  the  entire  schedule,  and 
all  the  ordinances  presented,  besides  the  article 
in  regard  to  salaries.  I  will  move,  in  view  of 
the  understanding  of  the  (.'hair,  that  when  the 
Convention  adjimrn,  it  adjourn  to  meet  at  nine 
o'clock  to-morrow  morning. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 


IBth  day.] 


EIGHT  OF  SUFFRAGE. 


535 


Thursday,]        Dunne— Ha wley— Banks— DeLoxg—Nourse—Crosman—Brosnan.        [July  21. 


Mr.  DUNNE.  Now  I  move  that  the  Conven- 
tion adjourn. 

The  question  was  talven,  and  the  motion  was 
agreed  to. 

Accordingly,  at  four  o'clock  P.  M.,  the  Con- 
veatioQ  adjourned. 


SIXTEENTH  DAY. 

Carson,  July  21,  1804. 

The  Convention  met  at  nine  o'clock,  A.  M. 

On  motion  of  Mr.  BANKS,  in  the  temporary 
absence  of  the  President.  Mr.  STURTEVAN  I' 
was  requested  to  act  as  President  pro  tern.,  and 
took  the  Chair. 

The  roll  was  called  and -all  the  members  re- 
sponded except  the  following :  Messrs.  Ball, 
Crawford,  Earl.  Fitch.  Gibson,  Haines,  Hudson. 
Jones,  Kiiikead.  McClinton.  Morse,  Noursc, 
Parker,  Tozer,  Wellington,  Williams,  and  Mr. 
President.     Present,  22  ;  absent.  17. 

Prayer  was  offered  by  the  Rev.  Mr.  NIMS. 

The  journal  of  yesterday  was  read  and  ap- 
proved. 

The  PRESIDENT  joro  tern,  announced  that  re- 
ports of  Standing  Committees  were  in  order. 

RIGHT    OF    SUFFRAGE. 

Mr.  HAWLEY.  I  rise  more  to  a  question  of 
privilege  than  with  the  view  of  making  a  report. 
As  chairman  of  the  Committee  on  Enrollment, 
I  have  to  state  that  I  have  received  from  the 
Enrolling  Clerk  what  pui'ports  to  be  the  en- 
rolled copy  of  Article  II,  entitled  Right  of  Suf- 
frage. The  first  page  of  that  article  I  find  to 
be  properly  enrolled,  except  in  .respect  to  one 
letter,  which  is  easily  corrected,  an(l  I  find  that 
the  Clerk  has  followed  the  copy  in  the  enroll- 
ing. But  there  is  one  sentence  to  which  I  de- 
sire to  call  attention,  which  reads  as  follows  : 

"  The  Legislature  shall  provide  by  law  for  the  pay- 
meut  of  ail  annual  poll  tax  of  not  le.ss  than  two  nor 
exceeding  four  dollars  from  each  male  i^erson  resident 
in  this  State  of  the  ages  of  twentj'-one  and  sixty  years." 

Now  under  the  operation  of  that  provision, 
no  man  who  is  over  twenty-one  years  old,  un- 
less he  has  also  reached  the  age  of  sixty  years, 
could  be  compelled  to  pay  a  poll  tax.  I  will 
state  further,  that  it  was  the  opinion  of  one 
m(;mber  of  the  Committee  on  Phraseology  that 
this  was  not  the  language  employed  in  the  en- 
grossed copy,  but  the  engrossed  copy  has  since 
been  handed  to  me  and  I  find  that  such  is  not 
the  case.  I  think  this  language  would  exempt 
from  paying  a  poll  tax  every  man  between  the 
ages  of  twenty-two  and  fifty-nine.  The  article 
is  correctly  enrolled,  according  to  copy,  but  as 
it  reads  it  only  provides  that  those  who  are 
just  twenty-one,  or  just  sixty  years  of  age,  shall 
pay  a  poll  tax. 

Mr.  BANKS.  As  I  am  a  member  of  the  Com- 
mittee on  Phraseology  I  will  take  occasion  to 
say  that  no  such  document  as  this,  containing 
any  such  language  as  this,  has  appeared  before 


that  committee.  I  understand  that  this  enroll- 
m"nt  is  made  from  a  copy  of  the  engrossed 
article,  and  not  from  the  engrossed  copv  itself. 
I  think  unquestioiKvbly  the  Enrolling  Commit- 
tee should  have  that  copy  to  enroll  from  which 
the  Committee  on  Phraseology  has  examined — 
that  is,  the  original  engrossed  copy,  and  not  a 
copy  made  from  it. 

Mr.  HAWLEY.  I  think  so  too,  but  the  Sec- 
retary informed  me  that  he  did  not  consider 
himself  authorized  to  allow  the  engrossed  copy 
to  go  out  of  his  hands. 

The  SECRETARY.  The  engrossed  copy 
should  propLU-ly  go  to  the  Enrolling  Committee, 
but  it  should  not  be  placed  in  the  hands  of  any 
irresponsible  person,  outside  of  the  Convention, 
who  might,  if  so  disposed,  interpolate  anything 
he  pleased.  The  practice  is,  that  the  engrossed 
copy  goes  to  the  Enrolling  Committee  and  they 
compare  that  with  the  enrolled  copy. 

The  PRESIDENT  pro  tern.  In  the  opinion  of 
the  Chair  the  Etirolling  Committee  should  com- 
pare the  enrolled  copy  with  the  engrossed  copy, 
and  as  the  Chair  understands,  they  should  not 
make  report  until  they  find  that  it  is  correctly 
enrolled. 

Mr.  DeLONG.  The  effect  of  this  language 
is,  that  a  man  must  be  eighty-one  years  old  be- 
fore he  can  be  required  to  pay  a  poll  tax. 

M.T.  NOURSE.  Yes,  sir;  twenty-one  and 
sixty — that  makes  eighty-one  years. 

Mr.  BANKS.  I  understand  the  Chair  to  rule, 
then,  that  the  examination  or  comparison  must 
be  made  with  the  official  engrossed  copy. 

The  PRESIDENT  pro  tern.  The  Committee 
on  Enrollment  has  undoubtedly  a  right  to  the 
engrossed  article — the  original — in  order  to 
make  a  comparison  of  the  two  copies,  and,  if 
they  should  discover  any  errors,  the  Chair  un- 
derstands that  it  is  the  duty  of  the  committee 
to  correct  them,  or  have  them  corrected,  and 
only  to  report  to  the  Convention  a  correctly 
enrolled  copy.  It  is  not  to  be  supposi.'d  that  it  is 
the  duty  of  the  Convention  to  correct  such  er- 
rors, when  they  have  a  committee  for  that  very 
purpose. 

ARTICLES   engrossed. 

Mr.  CR03MAN,  from  the  Committee  on  En- 
grossment, reported  as  correctly  engrossed, 
Article  XIII,  entitled  Militia;  Article  XIV, 
entitled  PuIjHc  Institutions  ;  Article  XY.  en- 
titled Boundary  ;  and  Article  XVII,  entitled 
Amendments. 

The  report  was  accepted,  and  the  several 
articles  placed  on  file  for  a  third  reading. 

QUESTION   OF   PRIVILEGE. 

Mr.  BR03NAN.  I  rise  now  to  a  question  of 
privilege.  On  yesterday  I  made  a  r>'nv.irk  ia 
the  Convention  in  regard  to  a  friend  of  mine, 
my  colleague  from  Storey  County,  (Mr.  Fitch), 
who  I  regret  is  not  in  his  sc-at  this  inorning.  but 
who  understands  this  matt'T  precisely  as  I  do. 
I  was  inforniLMl  yesterday  that  the  rcnrirk  1  had 
made  touching  the  speech  of  that  gentlemaa 


536 


JUDICIAL  DEPARTMENT. 


[16th  day. 


Thursday,] 


Brossax. 


[July  21. 


was  supposed  to  have  been  Intended  to  apply  i 
to  the  Presid»'nt  of  the  Convention,  and  now  I 
di'.*iri.'  to  ctirrtTt  thut  impression.  ;\s  I  would 
have  dono  yt-'Sterday  had  I  not  been  prevented 
by  tlie  bus'iuessi  before  the  Convention,  Gen- 
tlemi-n  will  recollect  that  my  colleague  (Mr. 
Fitch)  had  made  a  speech,  which  I  must  confess 
I  wa.<  not  pleased  witii  at  the  time,  because  I 
thoiiu'ht  it  entirely  injudicious  and  out  of  place. 
He  haviiiir  ipiottd  a  few  wise  sayings  and  saws 
during  that  speech,  I  arose  and  made  a  reply, 
which  1  will  repeat  in  substance.  Prefacing 
my  remarks  by  alluding  to  my  colleague  from 
Storey  County,  who  liad  just  taken  his  seat,  I ' 
said  that  it  wastlie  .<aying  of  an  ancient  and  very 
wise  philosopher,  that  we  were  endowed  with 
but  one  tongue  and  two  ears,  in  order  that  we 
might  hear  more  and  speak  les.s.  The  remark 
was  addres.sed  to  my  friend  and  colleague  from 
Storey  County,  but  I  understand  that  it  was 
understood  as  having  been  directed  at,  or  as 
being  an  allusion  to,  the  President  of  the  Con- 
vention. I  regret  that  there  should  have  been 
any  such  impression,  for  I  certainly  entertained 
no  idea  of  that  kind. 

JIDICIAL   DEPARTMENT. 

Mr.  BROSNAN,  from  the  Committee  on  the 
Judicial  Department,  submitted  the  following 
report : 

Mr.  President  : — The  members  of  the  committee 
to  whom  .\rticle  VI,  entitled  Judicial  Department,  was 
referred,  have  carefully  considered  the  subject,  and 
re.-iiH-ctfuUy  report  the  ioUowing  as  the  result  of  their 
dehberatious  : 

ARTICLE  VI — Judicial  Department. 

Section  1.  The  judicial  power  of  this  State  shall  bo 
vested  in  a  Supreme  Court,  District  Courts,  in  County 
Courts,  and  in  Justices  of  the  Peace.  The  Legislature 
may  also  establish  Coui'ts,  for  municipal  purposes  only,  j 
in  incorporated  cites  and  towns.  ■ 

Ski-.  •.!.  The  Supreme  Court  shall  consist  of  a  Chief 
Justice  and  two  associate  Justices,  a  majority  of  whom  i 
shall  constitute  a  (juorum  ;  provided,  that  the  Legisla-  , 
ture.  by  a  majority  of  the  members  elected  to  each 
bntiK'h  thereof,  may,  at  its  second  session,  or  any  time 
thereatter,  provide  for  the  election  of  two  additional 
asso.-iat<-  Justices,  and  if  so  increased,  three  shall  cou-  ! 
stitute  a  quorum.  The  majority  of  the  whole  Court 
shall  be  necessary  to  render  a  decision. 

.Skc.   :j.    The  Justices  of  the  Suijreme  Court  shall  be 
elected  by  the  qualified  electors  of  the  State  at  the 
Keueral  electif)n,  as  provided  by  law,  and  shall  hold  I 
oUice  fi  ir  the  term  of  six  years  from  the  first  day  of  I 
January  next  succeeding  their  election  ;  provided,  that 
tliere  shall  be  elected  at  the  first  election  under  this  I 
CoiiKtitution,  three  Justices  of    the  Supreme   Court, 
who  Hhall  holrl  oltti'e  from  the  time  of  their  election  \ 
and  quaiitication,  and  continue  in  office  thereafter  two, 
four,  and  six  years  r«'spectively,  from  the  first  day  of 
January  m-xt   sui'ceding  their   election.      They   shall 
nii-et  as  soon  as  practicable  aft<'r  their  election  and 
qualifii-ation,  ami  at  their  first  meeting  shall  classify 
tlii-niH<-lvi-s.  and  determine  by  lot  the  ti-rm   of   office 
each  Hhull  fill,   and  the  Justice  drawing  the  shortest 
Urm  Hhull  he  Chief  Justice,  and  after  the  expiration  of 
Ills  term,  file  one  having  the  next  shortest  term  shall 
Iw  Chief   Justice,   after  which  the  senior  Justice  in  ' 
conniiisHion  shall  be  Chief  Justice.       .  j 

Ski-.  4.  Till- Supri-nie  Court  shall  have  appellate  ju- 
riH.lii-tioii  in  all  i-ases  in  e(iuity  ;  also,  in  all  cases  at  I 
law  111  whii  h  in  involved  the  title  or  the  right  of  pos- 
-<  KHi.iii  of  n-iil  i-Htate  or  mining  claims,  or  the  legaUty 
■'t  nny  lax,  impost,  assessment,  toll,  or  municipal  fine, 


or  in  which  the  demand  (exclusive  of  interest)  or  the 
value  of  property  in  controversy  exceeds  three  hun- 
dred dollars  ;  ahso.  in  other  civil  cases  not  included  in 
the  general  sub-di\"isions  of  law  and  ecuiity,  and  also 
in  all  criminal  cases  in  which  the  otlense  charged 
amounts  to  felony,  on  questions  of  law  alone.  The 
t'ourt  shall  also  have  power  to  issue  writs  of  manda- 
mus, certiorari.  i)rohibitiou,  quo  warranto,  and  habeas 
corpus,  and  also  all  writs  neces.sary  or  proper  to  the 
complete  exercise  of  its  appellate  jurisdiction.  Each  of 
thi'  Justices  shall  have  power  to  issue  writs  of  hdhias 
cnrpu.-i  to  any  part  of  the  State,  uijou  iietitiou  on  bi'half 
of  any  person  held  in  actual  custody,  and  may  make 
such  writs  returnable  before  himself  or  the  Supremo 
Court,  or  before  any  District  Court,  or  any  County 
Court  in  the  State,  or  before  any  Judge  of  said  Courts. 

Sec.  5.  The  State  is  herebj-  di\dded  into  nine  Judi- 
cial Districts,  of  which  the  County  of  Storey  shall  con- 
stitute the  first  ;  the  County  of  Ormsby  the  second  ; 
the  (bounty  of  Lyon  the  third  ;  the  County  of  Washoe 
the  fourth  ;  the  Counties  of  Nye  and  Churchill  the 
fifth  ;  the  County  of  Humboldt  the  sixth  ;  the  County 
of  Lander  the  seventh  ;  the  County  of  Douglas  the 
eighth  ;  and  the  County  of  Esmeralda  the  ninth.  The 
County  of  llooi^  shall  be  attached  to  the  County  of 
Washoe  for  judicial  iiurjioses.  until  as  herein  other- 
wise provided  by  law.  The  Legislature  may,  however, 
by  a  vote  of  two-thirds  of  all  the  members  electt^d  to 
each  branch  thereof,  provide  by  an  alteration  in  the 
boundaries  or  division  of  the  districts  herein  i)re- 
scribed.  or  otherwise,  for  increasing  or  diminishing  the 
number  of  the  .Judicial  Districts  aiul  Judges  therein  ; 
but  no  such  change  shall  take  eft'ect  except  in  case  of  a 
vacancy,  or  the  exiiiratiou  of  tlie  term  of  an  incum- 
bent of  the  office.  At  the  first  election  under  this  Con- 
stitution, there  shall  be  elected  in  each  of  the  respect- 
ive districts,  (ex.cept  as  in  this  section  hereafter  other- 
wise provided.)  one  District  Judge,  who  shall  liokl 
oth<e  from  the  time  of  his  election  and  qualilication 
tintil  the  first  day  oi  .January,  in  the  year  one  thou- 
sand eight  hundred  and  sixty-seven.  After  the  said 
first  election,  there  shall  be  elected  at  the  general 
election  which  immediately  precedes  the  exjjiration  of 
the  term  of  his  predecessor,  one  District  Judge  in 
each  of  the  respective  Judicial  Districts  (excejjt  in  the 
first  district,  as  in  this  section  hereinafter  provided.) 
The  District  Judges  shall  be  elected  by  the  qualified 
electors  of  their  respective  districts,  and  shall  hold 
office  for  the  term  of  four  years  (exceiJting  those  elect- 
ed at  said  first  election)  from  the  first  day  of  January 
next  succeeding  their  election  and  qualificatiou  ;  pro- 
riilrd.  that  tile  first  Judicial  District  shall  be  entitled  to 
and  sliall  have  two  District  Judges,  who  shall  possess 
co-ext(  ii'^ive  and  i-oncurrent  jurisdiction,  and  who 
shall  l)e  elerted  at  the  same  time,  in  the  same  manuer, 
and  shall  hold  olh<-e  for  the  like  terms,  as  herein  pre- 
scribed in  relation  to  the  Judges  in  other  Judicial  Dis- 
tricts. 

Sec.  G.  The  District  Court  in  the  several  Judicial 
Districts  of  this  State,  (exceijt  in  the  First  District,  for 
whicli  distinct  provision  is  otherwise  made  in  this  ar- 
ticle.) shall  have  original  jurisdiction  in  all  cases  in 
eqiuty;  also,  in  all  cases  at  law  which  involve  the  title 
to  or  the  right  of  possession  of  real  iiroperty,  or  min- 
ing claims,  or  the  legality  of  any  tax,  imijost,  assess- 
ment, toll,  or  municipal  tine,  and  in  all  other  cases 
in  which  the  demand  (exclusive  of  interest)  or  the 
valuer  of  the  projierty  in  controversy  exceeds  three 
hundred  dollars;  also,  in  all  cases  relating  to  the  es- 
tates of  deceased  persons,  and  of  the  action  of  forcible 
entry  and  unlawful  detainer,  and  also,  in  all  criminal 
cases,  not  otherwise  provided  for  in  this  Constitution, 
under  such  regulations  as  may  be  prescribed  by  law. 
They  shall  also  have  appellate  jurisdiction  in  cases 
arising  in  Justices'  Courts,  and  other  inferior  tribunals, 
as  the  Legislature  may  prescribe.  The  Distrii-t  Courts 
and  their  judges  shall  have  power  to  issue  writs  of 
mandamus,  injunction,  quo  warranto,  certiorari,  and 
all  othi  r  writs  necessary  to  the  complete  exercise  of 
their  jurisdiction;  and  also,  .shall  have  power  to  issue 
writs  of  habeas  corpus,  im  petition  by  or  on  behalf  of 
any  jiersou  held  in  actual  custody  in  their  respective 
districts. 

Sec.  7,    The  District  Court  in  the  First  Judicial  Die- 


16th  day.] 


JUDICIAL  DEPARTMENT. 


537 


Thursday,] 


Brosxajj. 


[July  21. 


trict  shall  have  original  jurisdiction  in  all  cases  in 
equity;  also,  in  all  cases  at  law  which  involve  the  title 
or  the  right  of  possession  to  or  the  possession  of  real 
property,  or  mining  claims,  or  the  legality  of  any  tax, 
impost,  assessment,  toll,  or  municipal  line,  and  in  all 
other  cases  in  which  the  demand  (exclusive  of  interest) 
or  the  value  of  the  property  in  controversy  exceeds 
five  hundred  dollars ;  also,  in  all  other  civil  cases  not 
provided  for  in  this  Conslitution,  and  also  in  all  crim- 
inal cases  where  the  punishment  may  be  death.  The 
said  District  Courts  and  the  judges  thereof,  shall  have 
power  to  issue  writs  of  mandamus,  injunction,  quo 
warranto,  certiorari,  and  all  other  wTits  neccsary  to  the 
comijlete  exercise  of  its  jurisdiction  ;  and  also,  shall 
have  power  to  issue  writs  of  habeas  cori^us,  on  pe- 
tition by  or  on  behalf  of  any  i^erson  held  in  actual  cus- 
tody in  said  district. 

Sec.  8.  There  shall  be  estabhshed  in  the  County  of 
Storey  a  County  Court,  ha^■i^g  one  Judge,  who  shall 
be  elected  at  the  general  election  by  the  qualified  elec- 
tors of  the  county,  and  shall  hold  his  office  for  the 
term  of  four  years,  from  the  first  day  of  January  next 
preceding  his  election,  excej^i  that  at  the  first  election 
under  this  Constitution,  a  County  Judge  shall  be  elect- 
ed in  said  count.v,  who  shall  hold  his  office  uiltil  the 
first  day  of  January,  one  thousand  eight  hundred  and 
sixty-seven,  and  after  said  first  election  a  County 
Judge  shall  be  elected  in  said  county,  at  the  election 
which  immediately  precedes  the  expiration  of  the  term 
of  his  predecessor,  and  shall  hold  office  for  the  term 
of  four  years  from  the  first  day  of  January  next  after 
his  election.  And  the  Legislature  may  pro\ide  by  law 
for  the  organization  of  County  Courts  in  other  coun- 
ties, as  the  pubUc  good  may  require,  and  may  i^rescribe 
their  powers,  duties,  and  jurisdiction,  in  conformity 
with  this  Constitution. 

Sec.  9.  The  County  Court  of  Storey  County  shaU 
have  original  jurisdiction  in  actions  of  forcible  entry 
and  unlawful  detainer  ;  of  proceedings  in  insolvency  ; 
of  actions  to  prevent  or  abate  a  nuisance:  and  in  all 
civil  cases,  (except  those  wherein  the  title,  or  the  right 
of  possession  to,  or  the  boundaries  of  real  estate  or 
mining  claims  may  be  involved.)  in  which  the  matter 
in  dispute  is  a  money  demand  or  personal  propert.v, 
and  the  amount  of  the  demand  (exclusive  of  interest) 
or  the  value  of  the  property  is  over  three  hiuidred  and 
does  not  exceed  five  hundred  dollars ;  and  also  in  such 
special  cases  and  proceedings  as  are  not  herein  other- 
wise pro^-ided.  The  said  Court  shall  also  have  final 
appellate  jurisdiction  in  all  cases  arising  in  Courts  held 
by  Justices  of  the  Peace  in  said  county,  and  in  such 
inferior  courts  as  may  be  established  therein  in  pur- 
suance of  Section  1  of  this  article.  The  said  Court 
shall  also  have  original  jtu-isdiction  over  the  estates  of 
deceased  iiersons,  and  of  the  i)ersons  and  estates  of 
minors  and  insane  persons :  and  also  in  criminal  cases, 
in  which  the  offense  is  not  punishable  by  death,  and 
which  are  not  otherwise  provided  for  in  this  Constitu- 
tion. The  Grand  Jury  for  the  county  shall  be  im- 
panneled  in  and  make  their  presentments  and  findings 
of  indictments  to  the  said  Court;  and  all  indictments 
of  the  trial  of  which  the  said  County  Court  has  not 
jurisdiction,  shall  be  transferred  for  trial  by  order  of 
the  said  Court,  to  the  District  Court  of  the  said  coimty. 
The  County  Courts,  in  counties  where  such  officers 
shall  have  been  elected,  and  their  judges,  shall  also 
have  power  to  issue  ^vl•its  of  habeas  corpus,  on  i^etition 
by  or  on  behalf  of  any  iiersou  in  actual  custody  in 
their  respective  counties;  and  said  Courts,  and  the 
judges  thereof,  shall  have  power  to  issue  all  other 
writs  necessary  to  the  comi^lete  exercise  of  their  juris- 
diction. 

Sec.  10.  The  times  and  i^laces  of  holding  the  terms 
of  the  Sui^reme  Court,  the  general  and  special  terms 
of  the  District  Coiu-ts  within  the  several  districts,  and 
of  County  Courts,  shall  be  provided  by  law. 

Sec.  11.  The  Legislature  shall  determine  the  num- 
ber of  Justices  of  the  Peace  to  be  elected  in  each  city 
and  township  of  the  State,  and  shall  fix  by  law  their 
powers,  duties,  and  resijonsibilitics.  It  shall  deter- 
mine the  manner  and  the  cases  in  which  appeals  may 
be  taken  from  Justices'  and  other  Courts  ;  provided, 
such  ijowers  shall  not  in  any  case  conflict  with  the  ju- 
risdiction of  the  several  Courts  of  Record ;  and  further, 


I  that  such  Justices'  Courts  shall  have  no  jurisdiction  in 

I  the  ti'ial  of  cases  wherein  the  trial  to  real  estate  or 

,  mining  claims,  or  the  right  of  possession,  is  or  may  be 

involved.    The  Supreme  Court,  the  District  Courts."  the 

County  Courts,  and  such  other  Courts  as  the  Legisla- 

ttire  shall  designate,  shall  W  Couits  of  Record. 

Sec.  12.  The  Legislature  shall  prescribe  the  powers, 
duties,  and  responsibilities  of  any  Miuiicipal  Court 
that  may  be  established  in  pursuance  of  Section  1  of 
this  article;  and  shaU  so  fix  bv  law  the  jurisdiction  of 
said  Court  as  not  to  conflict  with  that  of  the  several 
Courts  of  Record. 

Sec.  13.  No  judicial  officer,  except  a  Justice  of  the 
Peace,  shall  receive  to  his  own  use  auv  fees  or  per- 
quisites of  office. 

Sec.  1-1.  The  Justices  of  the  Supreme  Court,  and 
the  District  Judges,  shall  be  inehgible  to  anv  office 
other  than  a  judicial  t>ffice  during  the  term  for  which 
they  shall  have  been  elected,  and  all  elections  or  ap- 
pointments of  any  such  Jiulges  by  the  people.  Legisla- 
ture, or  otherwise,  during  said  period,  to  any  office 
other  than  judicial,  shall  be  void. 

Sec.  15.  Judges  shall  not  charge  juries  in  respect 
to  matters  of  fact,  but  may  state  the  testimony  and 
declare  the  law. 

Sec.  16.  The  stjie  of  all  process  shall  be.  "The 
State  of  Nevada,"  and  all  prosecutions  shall  be  con- 
ducted in  the  name  and  by  the  atithority  of  the  same. 

Sec.  17.  There  shall  be  but  one  form  of  civU  action, 
and  law  and  equity  may  be  administered  in  the  same 
action,  in  Courts  of  Record. 

Sec.  18.  The  Justices  of  the  Supreme  Court,  Dis- 
trict Judges  and  County  Judges,  in  counties  wherein 
such  officers  shall  have  been  elected,  as  provided  for  in 
this  Constitution,  shall  each  receive  quarterly,  for  their 
services,  a  compensation  to  be  fixed  by  the  Legislature, 
and  which  shall  not  be  increased  or  diminished  during 
the  term  for  which  they  shall  have  been  elected.  And 
the  Legislature  shaU  provide  for  setting  apart  from 
each  year's  reventie  a  sufficient  amount  of  money  to 
pay  such  compensation:  provided,  that  District  Judges 
and  County  Judges  shall  be  paid  out  of  the  county 
treasuries  of  their  respective  districts  and  counties. 

Sec.  19.  The  Legislatiu"e  at  its  first  session  shall 
prescribe  that  tii^on  the  institution  of  each  action,  and 
other  proceeding,  and  also  upon  the  perfecting  of  an 
appeal  in  any  action  or  proceeding,  in  the  several 
Courts  of  Record  in  this  State,  a  special  Court  fee  or 
tax.  to  be  fixed  by  law.  shall  be  advanced  to  the  Clerks 
of  said  Coiu'ts  respectively,  by  the  party  or  parties 
bringing  such  action  or  proceeding,  or  taking  such  ap- 
peal :  and  the  money  so  paid  in  shall  be  accounted  for 
by  such  clerks  and  ax^jihed  towards  the  pajTneut  of  the 
compensation  of  the  Judges  of  said  Courts,  as  shall  be 
directed  by  law. 

Sec.  20.  The  Legislature  shall  have  no  power  to 
grant  leave  of  absence  to  a  judicial  officer,  and  any 
such  officer  who  shall  absent  himself  from  the  State 
for  upwards  of  ninety  consecutive  days  shall  be  deemed 
to  have  vacated  his  office. 

Sec.  21.  In  order  that  no  inconvenience  may  result 
to  the  public  service  from  the  taking  effect  of  this  ar- 
ticle, no  judicial  officer  shall  be  sujierseded.  nor  shall 
the  organization  of  the  several  courts  be  changed 
thereby,  until  the  election  and  ijualitication  of  the  sev- 
eral otticers  provided  for  in  the  same. 

All  of  which  is  respectfully  submitted, 

C.  M.  Brossan,  Chairman. 

IMPEACHMENT  AND  REMOVAL. 

Mr.  BROSNAN,  from  the  Committee  on  the 
Judiciary,  to  which  had  been  referred  Article 
Yll,  entitled  Impeachment  and  Removal  from 
Office,  submitted  the  following  report : 

Mb.  President: — Your  Committee  on  the  Judiciary 
has  had  under  c(Uisidiratioii  .\rticle  VII.  relating  to 
Impeachment  and  Removal  from  Office,  and  report  that 
they  have  amended  said  article  by  striking  out  Section 
III."  and  recommend  that  the  (\niveutiiin  concur  in 
said  amendment.  In  the  judgment  of  yotir  committee 
the  article  (Uvested  of  .Section  3.  contains  all  the  or- 
dinary checks  and  safeguards,  and  that  the  same  are 


538 


SALARIES— MISCELLANEOUS. 


[16th  day. 


Thui-sday.] 


DeLono — Johnson — ^Brosxan— Dunne. 


[July  21. 


amplT  sufficient  for  the  prevenHon  and  punishment  of 
offioiiil  lui^iouiUut  and  dereliction  of  duty.  The  sec- 
tiiiu  1  iidau;,'irs  the  sfaMhty  ol  tht- judiiial  dcpartnicnt, 
•lid  in  iij;  pn -visions  ixposis  its  olUcors  to  the  assaults 
of  individuals  who  may  be  actuated  by  personal  spleen 
and  aniniositv.  whilst  it  leaves  an  opportunity  to  con- 
vert the  lA-fiislature  into  an  arena  of  strife  upon  tri- 
fling questions  and  for  unimportant  causes. 
Ml  of  which  is  respectfully  submitted. 

C.  M.  Bkosnan,  Chairman. 

Mr.  DeLONG.  I  move  that  these  reports  be 
received  aud  placed  on  tile. 

TUE   JCDICIART. 

Mr.  JOHNSON.  If  the  {^entleinaa  will  with- 
draw his  motioa  I  will  make  a  suggestion,  that 
the  bill  accompanying  the  report  of  the  Judi- 
ciary Conunitteo— the  Article  on  the  Judicial 
Department— be  printed.  That  article  embodies 
pome  very  material  and  radical  changes,  and 
it  is  quite"  impossible  for  menil)ers  to  I'uUy  com- 
prehend the  subject  without  having  it  before 
them  in  a  printed  .«hape.  This  article,  and  possi- 
bly one  or  two  other  matters,  will  in  all  proba- 
bility be  the  only  matters,  not  already  disposed 
of.  which  tile  Convention  will  tind  it  necessary 
to  order  printed,  for  the  reason  that  for  the 
most  part  we  have  followed  in  the  track  of  the 
old  Constitution.  This  article,  however,  is  an 
exception,  and  as  it  involves  very  important 
changes  I  hope  it  will  be  printed. 

Mr.  DkLONG.  I  will  withdraw  the  motion, 
but  I  til  ink  we  ought  to  go  on  with  the  cou.sid- 
eration  of  the  article  to-day. 

.Mr.  JOHN.-^ON.  I  am  informed  by  one  of 
the  newspaper  Reporters  that  to-morrow  morn- 
ing he  can  have  tlie  article  printed  in  liis  re- 
port. If  we  can  obtain  it  in  the  morning  papers, 
there  will  lie  no  necessity  for  further  printing, 
and  under  the  circumstances,  I  will  withdraw 
the  motion  to  print. 

Mr.  P>R(  )."^.\AN.  I  was  about  to  state  that 
the  President  of  the  Convention,  who  is  a  mem- 
ber of  the  Judiciary  Committee,  does  not  agree 
with  the  report  of  the  majority  of  that  commit- 
tee in  two  particulars,  as  I  understand:  First — 
he  desires  that  the  Supreme  Court  shall  consist 
of  live  Judges  ;  and  secondly,  he  is  opposed  to 
the  tax,  <jr  docket  fee.  wliich  is  provided  for  in 
the  report,  for  tlie  purpose  of  aiding  in  defray- 
ing the  expenses  of  the  judiciary. 

.Mr.  JOHNSON.  I  desire  to  say  further,  that 
I  do  not  know  that  I  assent — as  I  have  not  ex- 
amined the  subject — in  relation  to  striking  out 
Section  3  of  the  article  on  Impeachment  and 
Removal  from  Office. 

S.VL.Vi:iES. 

Mr.  DeLONG,  from  the  Committee  on  the 
Schedule,  submitted  the  following  report : 

Mr.  I'ltKsinKST— Your  Committ^'e  on  .Schedule,  to 
whom  wax  referred  the  siibstitute  for  .\rticle  .XI  as  tirst 
introduced,  beg  leave  to  report  that  they  liave  had  the 
name  under  consideration,  and  recommend  the  foUow- 
iUK  amendmentH: 

iHt — Strike  out  in  line  1  of  Section  1.  the  word 
"  years."  and  insert  instead  the  words  "  term  of  office." 

'2d. — Fill  blanks  in  lines  4  aud  C  of  Section  1,  by  in- 
serting the  words  "four  thousand." 


3d — Fill  blank  in  line  7,  Section  1,  by  inserting  the 
words  "three  thousand  six  hundred." 

4th — Fill  blank  in  line  10.  Section  1,  by  inserting  the 
words  "three  thousand  six  hundred." 

5th — Fill  blank  in  hue  13.  Section  1.  by  inserting  the 
words  "three  thousand  six  hundred." 

6th — Fill  th*e  blank  in  lines  15  and  16,  Section  1,  by 
inserting  the  words  "one  thousand." 

7th — Fill  lilank  in  line  18,  Section  1,  by  inserting  the 
words  "  two  thousand  five  lumdred." 

8th — Fill  blank  in  line  22,  Section  1,  by  inserting  the 
words  "two  thousand." 

9th— Fill  lilauk  in  line  1,  (page  2,)  of  Section  1,  by  in- 
serting the  words  "seven  thousand." 

10th — Insert  after  the  word  "annum,"  in  line  2, 
(I5agc  2,)  Section  1.  the  words  "  the  salary  of  the  fore- 
going officers  shall  be  paid  quarterly." 

11th— Fill  blank  in  line  5,  (page  2,)  Section  1,  by  in- 
serting the  word  "six." 

12th— Fill  blank  in  line  7,  (page  2,)  Section  1,  by  in- 
serting the  words  "  forty  cents, "  and  add  after  the 
word  "mileage,"  in  same  line,  the  words  "going  and 
returning." 

13th — Add  to  Section  1,  the  words  following:  "No 
officer  mentioned  in  this  section  shall  receive  any  fees 
or  perquisites  to  his  own  use  for  the  performance  of 
any  duty  connected  with  his  office,  or  for  the  perform- 
ance of  any  additional  duty  enjoined  upon  him  by 
law." 

14th— Strike  out  Section  2. 

15th — Strike  out  Section  3. 

All  of  which  is  respectfully  submitted. 

C.  E.  DeLong,  Chairman. 

The  report  was  accepted,  and  the  article, 
with  the  amendments  reported,  was  referred 
to  the  Coimuittee  of  the  Whole. 

MI.SCELLANEOUS    PROVISIONS. 

Mr.  DeLONG,  from  the  Committee  on  the 
Schedule,  etc.,  also  submitted  the  following  re- 
port : 

Mb.  Pkesident  : — ^Your  committee,  to  whom  was 
referred  Article  XVI,  entitled  Miscellaneous  Provis- 
ions, have  had  the  same  under  consideration,  and 
respectfully  rejiort  the  following  amendments,  and 
recommend  the  adoption  of  the  article  as  amended  : 

1st.  Strike  out  the  word  "  six,"  in  line  four,  Section 
1,  and  insert  instead  the  word  "three." 

2nd.  In  Section  7,  strike  out  all  after  the  words 
"  Section  7,"  down  to  and  including  the  word  "  record- 
ers," in  line  2,  and  insert  in  Ueu  thereof  the  words 
"all  county  officers." 

3rd.  Amend  Section  8  by  .striking  out  all  after  the 
word  "Courts,"  in  line  eight  of  said  section. 

4th.  Amend  Section  '.t  by  striking  out,  in  lines  one, 
two,  and  three,  the  words,  "by  a  vote  of  two-thirds 
of  the  members  elected  to  each  branch  thereof ;"  and 
strike  out  th(!  iiarenthesis,  and  words  "  except  judi- 
cial," in  line  live  of  said  section. 

5th.     Strike  out  Section  12. 

6th.  Amend  Sccti<m  14  of  in'inted  copy  by  striking 
out  the  fixture  "4"  in  line  three,  and  insert  in  Ueu 
thereof  tlu'  figure  "  5." 

All  of  which  is  respectfully  stibmitted. 

C.  E.  DeLong,  Chairman. 

The  report  was  accepted,  and  the  article  was 
referred  to  the  Committee  of  the  VV^hole,  to- 
gether with  tiie  amendmi'uts  rejjorted. 

Mr.  DUNNli,  from  the  same  committee,  pre- 
sented the  following  as  a  minority  report : 

Mb.  Phesident  : — The  undersigned,  of  tht^  Commit- 
tee on  Schedule,  to  which  was  reiei'red  Article  XVI, 
entitled  Miscellaneous  Provisions,  respectl'iiUy  submits 
a  minority  rei)ort  dissenting  from  the  recommendation 
to  so  amend  Section  7,  of  Article  XVI,  as  to  reipilre  all 
county  olhcers  to  reside  at  the  county  seats  of  their 
respective  counties.  Dunne. 

The  report  was  received  and  placed  on  tile. 


16th  day.] 


MILITIA— PUBLIC  INSTITUTIONS. 


539 


Thursday,]     DeLong — Crosman — Johnson — Collins— Chapin — Bkosnan — Banks.        [July  21. 


THE    ORDINANCE. 

Mr.  DeLONG.  The  Committee  on  Schedule 
have  not  yet  had  the  ordinance,  introduced  by 
my  colleague,  (Mr.  Collins,)  under  considera- 
tion, except  in  so  far  as  to  ask  that  it  be  print- 
ed. It  is  very  hard  to  understand  it  unless  it 
is  in  print,  inasmuch  as  it  is  very  long,  contain- 
ing minute  provisions. 

Mr.  CROSMAN.  My  understanding  of  that 
ordinance,  as  it  was  read  yesterday  was,  that 
it  contained  a  good  deal  that  was  likely  to  be 
provided  for  in  the  schedule,  or  which  was  by 
the  last  Convention  embraced  within  the  sched- 
ule, and  I  thought  it  probal)le  that  when  the 
Committee  on  the  Schedule  should  report,  we 
could  compare  that  report  with  the  ordinance, 
and  if  there  should  be  anything  not  embraced 
in  the  report  of  the  Committee  on  Schedule,  it 
could  then  be  added,  or  otherwise  provided  for. 

Mr.  JOHNSON.  If  I  recollect  aright,  I  ma  le 
a  suggestion  to  the  chairman,  that  it  would  be 
well  to  have  it  printed,  but  I  am  informed  that 
it  was  copied  yesterday  by  the  reporters,  and 
will  be  likely  to  appear  in  the  Virginia  papers 
to-morrow  morning.  I  am  very  desirous  that 
we  may  have  it  in  a  printed  form. 

Mr.  DeLONG.  I  certainly  do  not  wish  to 
incur  any  unnecessary  expense,  and  will  there- 
fore withdraw  the  motion  to  print. 

LEAVE    OF   ABSENCE. 

Mr.  COLLINS  asked  that  indefinite  leave 
of  absence  be  granted  to  his  colleague,  (Mr. 
Tozer,)  who  had  received  a  dispatch  requiring 
his  attendance  in  San  Francisco  on  business  of 
importance. 

Mr.  NOURSE.  Is  the  mining  question  dis- 
posed of  entirely  ?  I  only  want  to  know. 
[Laughter.] 

The  question  was  taken,  and  indefinite  leave 
of  absence  was  granted  to  Mr.  Tozer. 

Mr.  DeLONG.  I  am  requested  to  ask  the 
same  leave  of  absence  for  my  colleague  (Mr, 
Earl.) 

Mr.  CHAPIN.  I  doubt  the  propriety  of 
granting  indefinite  leave  of  absence  to  so  many 
members.  The  first  we  know,  we  shall  find 
ourselves  without  a  quorum.  I  will  suggest 
that  we  grant  him  leave  of  absence  only  for 
to-day. 

Mr.  DeLONG.  I  do  not  think  that  would  do 
him  any  good  ;  I  think  he  went  home  to  stay. 
I  will  ask  leave,  however,  for  this  day,  and,  if 
necessary,  I  will  ask  leave  again  to-morrow 
for  another  day. 

The  question  was  taken,  and  leave  of  ab- 
sence for  one  day  was  granted  to  Mr.  Earl. 

MULITIA. 

The  Convention  proceeded  to  the  third  read- 
ing of  articles  on  the  general  file. 

Article  XIII,  entitled  Militia,  was  read  a  third 
time,  as  follows : 

AKTICLE    XIII. 

MILITIA. 

Section  1.    The  Legislature  shall  provide  by  law  for 


the  organizing  and  disciplining  the  militia  of  this  State- 
fortlio  effectual  eiicduraj^eiiient  of  volunteer  cori>s,  and 
the  safe  keepiuf,'  ..f  tlie  piililie  anus. 

Sec.  2.  The  <niveriitir  shall  have  power  to  call  out 
the  militia  to  execute  the  laws  of  the  State,  or  to  sup- 
press insurrection  or  repel  invasion. 

The  question  was  taken  on  the  final  passage 
of  the  article,  by  yeas  and  nays,  and  the  vote 
was— yeas,  26;  nays,  none — as  follows: 

I'eas— Messrs.  Banks,  Belden,  Brady,  Brosnan,  Cha- 
pin,  Collins,  Crosman,  DeLong,  Dunne,  Frizell,  Fol- 
som,  Gibson,  Hawley,  Hovey,  Kennedy,  Lookwood, 
Mason,  McCliuton,  Murdock.  Nourse,  Proctor,  Stur- 
tevant,  Tagliabue,  Warwick,  Wetherill,  and  Mr.  Presi- 
dent— 26. 

Nays — None. 

So  the  article  was  passed. 

PUBLIC   INSTITUTIONS. 

Article  XIV,  entitled  Public  Institutions, 
was  read  a  third  time,  as  follows  : 

ARTICLE  XIV. 

PUBLIC    INSTITUTIONS. 

Section  1.  Institutions  for  the  benefit  of  the  insane, 
blind,  and  deaf  and  dumb,  and  such  other  benevolent 
institutions  as  the  public  good  may  require,  shall  be 
fostered  and  supported  by  the  State,  subject  to  such 
regulations  as  may  be  ijrescribed  by  law. 

Sec.  2.  A  State  Prison  shall  be  estabUshed  and  main- 
tained in  such  manner  as  may  be  i^rescribed  by  law, 
and  provision  may  be  made  by  law  for  the  estabhsh- 
ment  and  maintenance  of  a  House  of  Refuge  for  juve- 
nile ofienders. 

Sec.  3.  The  respective  counties  of  the  State  shall 
provide,  as  may  be  prescribed  by  law,  for  those  inhab- 
itants who  by  reason  of  age  and  infirmity,  or  other 
misfortunes,  may  have  claim  upon  the  sympathy  and 
aid  of  society. 

Mr.  BROSNAN.  The  word  "other,"  in  the 
third  section,'-  comes  in  rather  unfortunately 
there.  It  says  "  by  reason  of  age  and  infirmity, 
or  other  misfortunes."  Now  we  do  not  mean 
surely  to  say  that  age  is  a  misfortune.  Infirm- 
ity may  be  a  misfortune,  but  I  do  not  look  upon 
age  in  that  light. 

Mr.  BANKS.  I  view  that  matter  in  pretty 
much  the  same  light  as  the  gentleman  from 
Storey,  and  I  think  we  had  better  strike  out 
that  word  •'  other."  It  can  be  done  by  general 
consent,  and  the  sentence  will  then  read  cor- 
rectly— "  who  by  reason  of  age  and  infirmity, 
or  misfortunes,  may  have  claim  upon  the  sym- 
pathy and  aid  of  society." 

By  unanimous  consent,  the  Secretary  was  in- 
structed to  strike  out  the  word  "  other"  in  Sec- 
tion 3. 

The  question  was  then  taken  by  yeas  and 
nays  upon  the  final  passage  of  the  article,  and 
the  vute  was — yeas,  26  ;  nays,  none — as  follows  : 

I'eas— Messrs.  Banks,  Belden,  Brady,  Brosnan,  Cha- 
pin,  Colhns,  Crosman,  DeLong,  Dunne,  Frizell,  Fol- 
som,  Gibson,  Hawley,  Hovey,  Kennedy,  Lockwood, 
Mason,  McClinton,  Murdock,  Nourse,  Proctor,  Sturto- 
vant,  Tagliabue,  Warwick,  Wetherill,  and  Mr.  Presi- 
dent—26. 

JS'ays — None. 

So  the  article  was  passed, 

BOUNDARY. 

Article  XV,  entitled  Boundary,  was  read  a 
third  time,  as  follows  : 


540 


BOUNDARY— AMENDMENTS. 


[16th  day.^ 


Thui-sday,] 


Johnson — Brosnan — Nockse — Collins — Chapin — Crosman. 


[July  21. 


ARTICLE  XV. 

BOrSDAKY. 

Section  1.  The  boundary  of  the  State  of  Nevada 
ehall  be  as  follows: 

C'oiuiuciniuf,'  ut  a  poiut  formed  by  the  intersectiou  of 
the  thirty-titjlith  doftref  of  loiifjitude  west  from  Wash- 
iiifftou.  with  the  thirty-seventh  dejjree  of  north  lati- 
tude: tlu-uc-e  due  west  along  said  thirty-seventh  degree 
of  nurth  latitude  to  the  eastern  boundary  line  of  the 
State  of  t'aliforuia :  theuoe  in  a  northwesterly  direction 
along  the  said  eastern  boundary  line  of  the  State  of 
California  to  the  forty-third  degree  of  longitude  west 
from  Washington :  thence  north  along  said  forty-third 
degree  of  west  longitude,  and  said  eastern  boundary 
line  of  the  State  of  California,  to  the  forty-sceond  de- 
gree of  north  latitude;  theuee  due  east  along  the  said 
forty-second  degree  of  north  latitude  tn  a  jHiiiit  formed 
by  its  intersection  with  the  aforesaid  thirty-eiglith  de- 
gree of  longitude  west  from  AVashingtou :  thence  due 
south  down  said  thirty-eighth  degree  of  west  longitude 
to  the  place  of  beginning. 

And  whensoever  Congress  shall  authorize  the  addi- 
tion t<i  the  Territory  or  State  of  Nevada  of  any  portion 
of  the  territory  on  the  easterly  border  of  the  foregoing 
defined  limits,  not  exceeding  in  extent  one  degree  of 
longitude,  the  sanu-  shall  thereupon  be  embnurd  within 
and  become  a  part  of  this  State.  And  furtlitriiKiic  pro- 
vided, that  all  such  territory  lying  west  of  and  adjoin- 
ing the  boundarj-  line  lurein  prescribed,  which  the 
State  of  California  may  relin(iuish  to  the  Territory  or 
State  of  Nevada,  shall  thereui)on  be  embraced  within 
and  constitute  a  part  of  this  St;ite. 

Mr.  JOHNSON.  I  would  prefer  to  have  the 
consideration  of  this  matter  laid  over  to  some 
future  time,  for  I  think  there  is  a  misapprehen- 
sion in  regard  to  it.  As  I  understand  the  En- 
altlinfr  Act.  the  boundary  of  the  State,  as  pro- 
posed by  us,  is  co-extensive  with  liiat  of  the 
Territ(jry.  It  seems  to  be  apprehended  that  as 
tlie  boundary  is  dehned  by  the  Enabling  Act, 
one  degree  is  lelt  off  on  our  eastern  border,  as 
I  understood  the  gentleman  from  Storey  (Mr. 
Brosnan)  to  say.     Am  I  correct  in  that? 

Mr.  BUOSN.\N.  I  did  not  have  time  to  ex- 
amin:;  it  thoroughly  yesterday,  but  I  thought 
that  was  the  case — that  the  Enabling  Act  did 
not  give  us  as  much  as  was  given  in  the  old  Or- 
ganic Act. 

Mr.  JOHNSON.  The  boundary  line  as  laid 
down  in  the  old  Constitution  emljraced  an  ad- 
ditional degree,  only  in  case  it  should  be  con- 
ceded liy  subsc(|uent  enactment  of  Congress. 

Mr.  NOL'RSE.  I  incline  to  think  that  the 
gentleman  from  Storey  has  confounded  the 
thirty-seventh  degree  of  latitude  with  the 
thirty-seventh  degree  of  longitude.  In  this 
Kiiabling  Act  the  boundary  Viegins  at  the  south- 
east curner.  running  tlienc;'  due  west,  wliile  in 
tiie  Organic  Act  it  began  at  the  nortLieast  cor- 
ner, and  ran  tlience  due  south. 

Mr.  CI^LMNS.  I  would  ask  if  this  article 
was  not  referred  to  a  committee  yesterday,  to- 
gether with  the  Act  of  Congress,  for  compari- 
son ? 

.Mr.  NOURSE.  It  was  agreed  to  adopt  the 
language  of  the  Ena))ling  Act ;  that  was  the 
motion  wliich  was  carried. 

Mr.  COLLINS.  I  have  here  the  Act  of  1862, 
which  ext>iids  tlie  boundary  one  degree. 

Mr.  .J01I.\S(JN.  If  the  language  of  the 
Knablihg  Act  lias  been  adopted,  then  I  have 
no  further  objection. 


Mr,  CHAPIN.  The  exact  language  of  the 
Enabling  Act  was  adopted,  and  by  that,  I  take 
it,  we  must  be  governed. 

Mr.  JOHNSON.  There  is  no  doubt  as  to  that. 

The  question  was  taken  by  yeas  and  nays,  on 
the  final  pa-ssage  of  the  article,  and  the  vote 
was — yeas,  26  ;  nays,  none — as  follows  : 

Yeas — Messrs.  Banks,  Belden,  Brady,  Brosnan,  Cha- 
pin, Colhns,  Crosman,  DeLong,  Dunne,  Frizell,  Fol- 
som,  Gibson,  Hawley,  Hovey,  Kennedy,  Lockwood, 
Mason,  McChnton,  Murdock,  Nourse,  Proctor,  Sturte- 
vant,  Tagliabue,  Warwick,  Wetherill,  and  Mr.  Presi- 
dent—26. 

Ifays — None. 

So  the  article  was  passed. 

AMENDMENTS. 

Article  XVII,  entitled  Amendments,  was  read 
a  third  time,  as  follows : 

AETICLE  XVII. 

AMENDMENTS. 

Section  1.  Any  amendment  or  amendments  to  this 
Constitution  may  be  proposed  in  the  Senate  or  Assem- 
bly, and  if  the  same  shall  be  agreed  to  by  a  majority 
of  all  the  members  elected  to  each  of  the  two  Houses, 
such  proposed  amendment  or  amendments  shall  be 
entered  on  their  journals,  with  the  ayes  and  noes 
taken  thereon,  and  referred  to  the  Legislature  then 
next  to  be  chosen,  and  shall  be  published  for  three 
mouths  next  precedlug  the  time  of  making  such 
choice.  And  if  in  the  Legislature  next  chosen  as 
aforesaid,  such  proi^osed  amendment  or  amendments 
shall  be  agreed  to  by  a  majority  of  all  the  members 
elected  to  each  House,  then  it  shall  be  the  duty  of  the 
Legislature  to  submit  such  proposed  amendment  or 
amendments  to  the  jjeople  in  such  manner  and  at  such 
time  as  the  Legislature  shall  prescribe;  and  if  the  peo- 
ple shall  approve  and  ratify  such  amendment  or 
amendments  by  a  majority  of  the  electors  qualified  to 
vote  for  members  of  the  Legislature  voting  thereon, 
such  amendment  or  amendments  shall  become  a  part 
of  the  Constitution. 

Sec.Ij.  If  at  any  time  the  Legislature,  by  a  vote  of 
two-thirds  of  the  membi  is  ehrti  d  to  each  House,  shall 
determine  that  it  is  nni  ssurv  lo  cause  a  revision  of 
this  entire  Constitution,  lliey  shall  recommend  to  the 
electors  at  the  next  election  for  meiubrrs  of  the  Legis- 
lature to  vote  for  or  against  a  Convention,  and  if  it 
shall  appear  that  a  majority  of  the  electors  voting  at 
such  election  have  voted  in  favor  of  calling  a  Conven- 
tion, the  Legislature  .shall,  at  its  next  session,  provide 
by  law  for  calling  a  Convention  to  be  holden  withiu 
six  months  after  the  passage  of  such  law,  and  such 
Convention  shall  consist  of  a  number  of  members  not 
loss  than  that  of  both  br.anches  of  the  Legislature.  In 
deterniining  what  is  a  majority  of  the  electors  voting 
at  such  elcctiiin,  retc  reuce  shall  be  had  to  the  highest 
numljer  of  votes  east  for  the  candidates  for  any  oihce, 
or  on  any  question,  at  such  electiim. 

The  question  was  taken  by  yeas  and  nays 
upon  the  final  passage  of  the  article,  and  the 
vote  was — yeas.  24  ;  nays,  none — as  follows  : 

Yeas — Messrs.  B:inks,  Belden.  Brady,  Brosnan.  Cha- 
pin, Collins.  tJrosman,  IJiiiino,  Frizell,  Folsom,  tiibsnn, 
Hawley,  Hovey,  Kennedy,  Lockwood,  Mason,  McClin- 
ton,  Murdock.  Nourse,  Proctor,  Stnrtevant,  Taghabue, 
Wetherill,  and  Mr.  President— 24. 

iWii/x — None. 

So  tile  article  was  passed. 

Mr.  CROSMAN.  1  move  that  the  Conven- 
tion resolve  itself  into  Committee  of  the  Whole, 
the  Presidcmt  in  the  Chair,  for  the  consideration 
of  the  general  file. 

Mr.  JOHNSON.    Will  it  be  necessary  to  con- 


IGtli  day.] 


IMPEACHMENT  AND  REMOVAL. 


541 


Thursday,] 


Ckosman — NoDRSE — Bkosnan — Dunne. 


[July  21. 


sider  all  these  articles  which  have  been  reported 
in  Committee  of  the  Whole?  They  have,  v?ith 
the  exception  of  the  article  on  tiie  Judicial  De- 
partment, 1  believe,  been  considered  in  Com- 
mittee of  the  Whole,  and  1  think  we  can  dis- 
pose of  them  without  the  necessity  of  further 
consideration  in  committee. 

Mr.  CROSMAN.  I  apprehend  that  Article 
XI,  the  article  on  Salaries,  will  probably  pro- 
voke considerable  discussion,  and  we  may  suc- 
ceed better,  in  Committee  of  the  Whole,  in  har- 
monizinji;  the  views  of  members,  although  I  am 
not  particular  about  it.  My  idea  was  to  go 
into  Committee  of  the  Whole  ou  the  general 
file,  and  if  we  find  anything  there  which  we  do 
not  want  to  discuss,  we  can  report  it  back 
without  delay. 

[The  Prksidext  in  the  Chair.] 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

COMMITTEE    OF   THE    WHOLE. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  the  President 
retaining  the  Chair,  and  proceeded  to  the  con- 
sideration of  articles  on  the  general  file. 

IMPEACHMENT    AND    REMOVAL    FROM    OFFICE. 

Article  VII,  entitled  Impeachment  and  Re- 
moval from  Office,  was  first  taken  up. 
Section  1  was  read,  as  follows: 

Section  1.  The  Assembly  shall  have  the  sole  jDOwer 
of  impeaching,  but  a  majority  of  aU  the  members 
elected  must  concur  in  an  impeachment.  All  impeach- 
ments shall  be  tried  by  the  Senate,  and  when  sitting 
for  that  purpose  the  Senators  shall  be  upon  oath  or 
atiirmation  to  de  justice  according  to  law  and  evidence. 
No  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  Senators  elected. 

Mr.  NOURSE.  I  will  inquire  if  provision  is 
made  elsewhere  that  the  Lieutenant-Governor 
shall  not  sit  in  case  the  Governor  is  to  be  tried 
on  impeachment? 

The  CHAIRMAN.  I  think  there  is  no  such 
provision. 

Mr.  NOURSE.  I  suppose  it  is  manifestly 
proper  that  there  should  be.  because  in  case  of 
the  Governor's  removal,  the  Lieutenant  Gov- 
ernor becomes  Governor  in  his  place,  and  there- 
fore it  would  be  impropiu'  to  allow  him  to  pre- 
side upon  the  trial  of  the  Governor  on  impeach- 
ment. 

Mr.  BROSNAN.  In  that  case  the  Senate 
would  appoint  a  President  pro  tern.,  who  would 
be  the  presiding  officer  of  the  Senate. 

Mr.  NOURSE.  But  the  Lieutenant  Governor 
would  be  the  Governor  in  the  event  of  the 
Governor's  removal.  If  he  does  not  preside 
over  the  Senate  at  the  trial,  he  none  the  less 
takes  the  Governor's  place.  There  is  a  provis- 
ion in  the  United  States  Constitution  in  regard 
to  the  "Vice  President  presiding  over  the  Sen- 
ate, which  is,  that  when  the  President  of  the 
United  States  is  to  be  tried,  the  Chief  Justice 
of  the  Supreme  Court  shall  preside  over  the 
Senate.    I  do  not  know  how  that  would  strike 


other  gentlemen,  but  it  seems  to  me  we  might 
well  adopt  a  similar  provision  in  our  Constitu- 
tion. 

The  CHAIRMAN.  The  gentleman  can  pro- 
pose an  amendment  to  conform  to  that  if  he 
wishes,  so  that  when  the  Governor  is  tried,  the 
Chief  Justice  of  the  Supreme  Court  shall  pre- 
side over  the  Senate. 

Mr.  NOURSE  I  will  move  to  amend  the 
section  by  inserting  betbre  the  last  sentence, 
and  after  the  words  "  law  and  evidence,"'  these 
words : 

'•The  Chief  .Justice  of  the  Supreme  Court  shall  pre- 
side over  the  Senate,  while  sitting  to  try  the  Governor 
upon  impeachment." 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 
Section  2  was  read,  as  follows  : 

Section  1.  The  Governor  and  other  civil  offlcers 
under  this  State  Government,  shall  be  liable  to  im- 
peachment for  misdenicaimr  or  iiKiltVasaiice  in  citlice  ; 
but  judgment  in  such  i-asc  siiall  shall  not  extend  fur- 
ther than  removal  from  offii-c  and  diseiualincation  to 
hold  any  office  of  honor,  profit,  or  trust,  under  this 
State.  The  party,  whether  convicted  or  acquitted, 
shall  nevertheless  be  liable  to  imlictuient,  trial,  judg- 
ment, and  punishment,  according  to  law. 

No  amendment  being  ottered.  Section  3,  (as 
reported  by  the  Judiciary  Committee,)  was 
read,  as  follows : 

Section  3.  Provision  shall  be  made  by  law  for  the 
removal  from  office  of  any  civil  officer,  for  malfeas- 
ance or  nonfeasance  in  the  performance  of  his  duties. 

[Mr.  Sturtevaxt  in  the  Chair.] 

Mr.  BROSNAN.  There  was  a  recommenda- 
tion by  the  Committee  on  the  Judicary,  that 
Section  3,  as  contained  in  the  original  article, 
be  stricken  out. 

Mr.  DUNNE.  It  would  be  proper,  I  suppose, 
to  take  a  vote  upon  concurring  in  the  recom- 
mendation of  the  committee  to  strike  out  that 
section. 

The  CHAIRMAN.  I  am  informed  by  the 
Secretary  that  the  Convention  concurred  in  the 
report,  which  was  then  received  and  placed  on 
tile.  That  is  equivalent,  I  suppose,  to  striking 
out  the  section. 

Mr.  NOURSE.  I  suppose  the  receiving  of 
the  report  is  a  different  matter  altogether  from 
the  adoption  ^of  the  report,  and  1  think,  al- 
though the  report  may  have  been  received, 
that  it  has  not  been  adopted.  ))ecause  1  have 
not  heard  the  subject  mentioned  before. 

The  CHAIRMAN.  It  occurs  to  the  Chair 
that  when  a  report  is  made  from  a  committee, 
thai  report  should  be  read,  so  as  to  let  mem- 
bers know  what  they  are  doing,  and  then  if  the 
Convention  does  not  see  tit  to  concur  with  the 
report,  it  can  vote  to  disagree  or  amend  it. 

Mr.  NOURSE.  The  point  I  make  is  that  the 
receiving  of  the  report  does  not  adopt  it. 

Mr.  CROSMAN.  I  will  move,  if  it  is  in 
order,  that  the  Committee  of  the  Whole  recom- 
mend the  adoption  of  the  report  of  the  Judi- 
ciary Committee  striking  out  Section  3. 

Mr.  NOUIiSE.  I  would  like  to  move,  or 
have  some  one  else  move,  to  non-concur  in  that 


542 


IMPEACHMENT  AND  REMOVAL. 


[leth  day. 


Thursday.] 


Banks  — Nookse — Brosnan. 


[July  21. 


recommendation,  because  I  would  like  to  say  a 
few  words  upon  it. 

Mr.  1).\.NK^.  I  lliink  the  matter  stands  in 
this  waj  :  that  the  coinmittee  hare  reported 
oiilv  .■fcctioii.-;  one.  two.  and  three,  of  Article 
Vll.  and  rueomm  nd  the  passage  of  the  article 
in  that  form:  and  if  gentlemen  desire  a  pro- 
vision equivalent  to  that  contained  in  Section 
3  of  the  original  article,  they  can  simply  move 
to  incorporate  it.  and  that  will  bring  np  the 
whole  mutter.  The  report  of  the  committee 
can  certainly  be  amended. 

.Mr.  N'OL'kSE.  1  will  move,  then,  if  it  be 
practicable,  that  Section  3.  as  printed,  be  ad- 
ded, and  also,  that  Section  4,  or  Section  5  as  it 
is  numbered,  evidently  by  mistake,  in  this 
printed  basis,  be  adopted  in  addition. 

Now  I  wish  to  state  my  reasons,  and  I  think 
they  are  such  as  will  commend  themselves  to 
the  Convention.  They  are  drawn  from  obser- 
vation. Iiut  not  from  Minnesota,  this  time. 

,Mr.  BANKS.     Nor  California? 

Mr.  NUL'RSE.  That  is  another  point  alto- 
gether. 1  say  there  ar«  so  many  cases  where 
valid  reasons  may  exist  for  the  removal  of  an 
oilier,  although  there  may  not  be  sutlicient 
cause  for  impeachment,  that  I  think  there 
should  be  a  provision  of  this  kind.  A  stupid 
judge  is  as  Ijad  as  a  dishonest  one,  and  so  is  a 
judge  whose  habits  are  such  as  to  disgrace,  not 
only  the  bench,  but  the  community  in  which  he 
lives  :  and  yet  you  cannot  get  at  such  a  judge 
without  a  provision  of  this  kind,  unless  he  com- 
mits some  wrongful  act  in  the  discharge  of  his 
duties.  There  are  innumerable  cases  of  men 
whose  incompetency,  or  something  worse,  un- 
fits them  for  the  bench,  and  prevents  their  do- 
ins  any  good  upon  it,  and  yet  who  cannot  be 
impeached.  Cases  of  this  kind  occur  more  fre- 
(juently  in  new  States,  where  men  are  not  gen- 
erally aeciuainted  with  each  other,  than  they 
do  in  the  old  States,  and  yet  I  have  seen  in  the 
old  States  instances  where  it  was  considered 
expedient  and  desirable  to  abolish  an  entire 
court  ami  establish  a  new  court,  witli  a  new 
name,  merely  for  the  sake  of  getting  rid  of  one 
man  on  the  bench,  who  was  tlioroughly  incom- 
petent, but  whom  they  could  not  imjjeach.  be- 
cause they  could  not  show  that,  he  had  done 
any  act  which  should  subject  him  to  impeach- 
ment— such  as  taking  l)ribes.  or  any  other  ille- 
gal act.  which  would  be  ground  of  impeachment. 
Now  the  proposition  in  Section  'A.  is  to  the 
elTect  that  such  an  incumbent  may  be  removed 
by  the  frovernor.  upon  the  address  of  two- 
thirds  of  the  members  of  the  Le^rislature.  There 
appears  to  be  a  double  check — lirst,  the  re- 
quirement of  a  two-thirds  vote,  and  ni'xt,  the 
act  ol  the  Governor  m  iking  the  removal — and 
thus  it  woulil  seem  to  l)c  rendereil  certain  that 
no  removal  will  or  can  be  made,  unless  it  is 
absr)lutely  necessary  that  the  man  should  be 
removeil. 

Still.  1  think  where  there  are  grounds  for  im- 
peachment, the  judge  should  only  l»e  removed 
by  impeachment,  although  where  there  is  not 


sufficient  ground  for  impeachment,  there  should 
still  be  a  power  of  removal,  for  the  sake  of  the 
public  interests.  I  hold  that  if  a  judge  has 
done  anything  for  which  it  can  be  claimed  that 
he  should  be  impeached,  hi;  is  as  much  entitled 
to  a  trial,  with  all  the  forms  of  law,  as  he 
would  be  if  he  were  charged  with  stealing. 
Nev(n'theless.  as  I  have  said,  there  are  so  many 
other  cases  of  judges  who  are  untitted  for  their 
places,  upon  other  grounds  than  those  upon 
which  they  might  be  impeached,  that  it  seems 
to  me  we  should  be  placing  ourselves  in  a  bad 
lix,  for  the  first  few  years  especially,  if  we  pro- 
vidt-d  for  no  other  way  of  getting  rid  of  an 
incompetent  judge  than  by  impeachment.  I 
say  this  with  a  full  and  perfect  appreciation  of 
the  propo-sition,  that  the  judiciary  should  be 
placed  aljove  the  reach  of  political  intiuences. 
No  man  desires  more  than  I  do  that  the  judges 
shall  1)0  in  a  position  to  be  independent  of 
the  other  departments  of  the  Government,  so 
far  as  that  may  be  practicable.  I  desire 
that  this  amendment  shall  be  adopted,  because 
it  is  not  merely  a  matter  of  theory,  in  my 
judgment,  but  also  a  matter  of  practice,  which 
has  been  approved  in  many  of  the  old  States  ; 
and  I  believe  that  it  is  a  matter  of  necessity 
that  the  provision  should  be  adopted,  inasmuch 
as  there  are  frequently  cases  which  cannot  be 
reached  by  impeachment. 

Mr.  BROSNAN.  I  wish  to  say  only  a  few 
words  upon  this  subject,  and  probably  I  will 
not  recur  to  it  again.  I  think  this  is  a  danger- 
ous section,  and  for  this  reason  :  that  under  it 
any  individual  may  make  accusation  in  the 
Legislature  against  a  judge,  and  probably  it 
would  be  done  very  often  for  the  trifling  causes 
which  the  gentleman  from  Washoe  (Mr.  Nourse) 
has  indicated — as  for  instance,  that  he  is  a 
stupid  judge.  Now  the  community  at  large 
might  differ  as  to  the  qualifications  of  a  judge, 
and  his  ability,  from  my  fricmd  from  Washoe, 
or  any  one  else  who  might  bring  a  charge 
against  him.  They  might  measure  the  man's 
brains  upon  a  different  scale  from  that  which 
you  or  1  would  employ.  You,  Mr.  Chairman, 
might  estimate  a  man's  aliility  by  the  volume 
of  his  brain  or  by  his  intellectual  manifesta- 
tions, and  other  men  might  measure  him  by 
some  different  standard,  and  thus  the  commu- 
nity would  differ  entirely  in  their  estimate  upon 
that  test  of'  (pialilicatioii. 

There  is  greater  force  in  the  gentleman's  ar- 
gument when  he  refers  to  the  matter  of  bad 
habits,  although  even  in  that  respect  mim  in 
the  .same  community  would  differ.  Men  do  not 
agree  upon  what  would  amount  to  a  decidedly 
l)ad  haljit,  and  what  would  amount  only  to  a 
toleral)ly  bad  one.  or  om?  whieii  should  not  ex- 
clude a  man  from  so  honoral)le  a  position  as 
that  of  a  judicial  officer.  There  would  be  dif- 
ferences of  opinion  in  respect  to  what  would 
suffice  to  place  a  man  without  the  pale  of  re- 
.spectability,  as  compared  with  his  neighbors 
who  may  be  in  high  standing  in  the  community. 
I  will  state,  further,  that  lawyers  very  often 


16tli  day.] 


IMPEACHMENT  AND  REMOVAL. 


543 


Thursday,] 


Banks — Noukse. 


[July  21. 


complain  of  judges  in  consequence  of  their  de- 
cisions. When  they  get  beaten  in  the  courts — 
and  some  lawyers  do  get  beaten  many  times 
before  the  same  judge — they  are  apt  to  be  dis- 
satisfied with  his  decisions,  and  in  such  cases 
you  will  hear  them  clamoring  on  the  streets,  or 
in  the  social  circle,  and  asserting  that  the  judge  j 
is  an  ass,  and  not  fit  to  be  a  judge,  because  he  { 
decided  so  and  so,  in  such  and  such  a  case. 
which  decision  they  will  insist  is  a  thing  un- 
heard of.  In  the  course  of  my  experience,  I 
have  frequently  heard  such  remarks  in  refer- 
ence to  judges.  Now  in  a  case  of  that  kind, 
the  lawyer  would  be  apt  to  estimate  the  judge  in 
the  same  manner  as  the  gentleman  from  Washoe 
does,  when  he  refers  to  some  judges  as  being 
stupid  ;  whereas,  if  the  decisions  of  the  judge 
had  been  the  other  way,  the  lawyer  would  have 
been  exactly  suited  with  him.  and  would  have 
regarded  him  as  a  model  of  perfection.  And 
then,  if  stupidity  were  to  be  made  a  sufficient 
cause  for  removal,  the  opposite  attorney  would 
be  liable  to  turn  around  and  utter  the  same 
sort  of  exclamations,  and  manifest  the  same 
disaffection.  In  whichever  way  the  judge  might 
decide  a  case,  the  disappointed  party,  or  the 
counsel  for  the  losing  side,  would  be  dissatisfied; 
and  they  might  have  friends  in  the  Legislature 
who  would  be  induced  to  look  upon  the  decision 
as  a  reasonaljle  cause  for  removal  from  office, 
and  would  be  likely  to  use  all  the  influence 
which  they  could  bring  to  bear  upon  the  ques- 
tion. In  that  way  every  judge  would  be  liable 
to  be  acted  upon  by  political  influences,  or,  if 
you  please,  by  individual  pique  or  private  re- 
venge, and  thus  the  Legislature  would  be  con- 
verted into  a  gladiatorial  arena,  and  contro- 
versies of  this  nature  might  consume  a  greater 
portion  of  each  and  every  session.  No  question 
could  come  before  the  Legislature  which  would 
be  calculated  to  arouse  the  contending  passions 
of  men  more  than  a  question  of  this  kind. 

Again,  there  would  be  this  evil  effect :  that 
after  a  man  has  made  the  attempt  to  remove  a 
judge,  and  failed  in  it,  although  that  judge 
whom  he  has  sought  to  displace  from  office 
were  as  chaste  and  pure  as  snow  in  his  high 
calling,  yet  his  usefulness  would  be  destroyed 
in  the  community.  He  loses,  if  not  his  own 
self-respect,  the  respect  of  many  in  the  com- 
munity in  which  he  has  officiated.  And,  Mr. 
Chairman,  if  he  were  as  wise  as  a  Mansfield  or 
a  Bacon,  yet  if  he  possessed  the  pride  and  sense 
of  honor  of  a  man,  his  sensitiveness  would  im- 
pel him— mine  would,  at  least,  in  such  a  case — 
to  resign  that  office.  He  would  take  that  course, 
although  perhaps  no  other  man  might  be  able 
to  discharge  its  duties  better,  or  more  to  the 
satisfaction  and  for  the  benefit  of  that  commun- 
ity. For  these  reasons,  for  the  sake  of  the  sta- 
bility of  the  judiciary,  and  that  the  respect 
which  is  due  to  it  may  be  secured,  to  a  certain 
extent,  at  least,  so  far  as  is  consistent  with  the 
just  and  honorable  discharge  of  its  duties,  I  am 
in  favor  of  sustaining  the  report  of  the  com- 
mittee. 


Mr.  BANKS.    It  would  be  of  no  use  for  me 

to  repeat  the  arguments  against  the  incorpora- 
tion of  this  provision  which  have  been  so  often 
presented,  for  they  would  be  precisely  the  same 
arguments  with  which  nearly  every  member  of 
the  Convention  is  laniiliar.  and  upon  which,  or 
with  reference  to  which,  in  nearly  all  the  States 
of  the  Union,  it  has  been  decided  to  be  desira- 
ble to  preserve  the  independence  of  each  de- 
partment of  the  govei'iiment.  There  is  nothing 
I  could  say  that  would  add  strength  and  force 
to  the  arguments  upon  that  point,  witii  which 
all  are  so  familiar,  and  therefore  1  will  not  con- 
sume the  time  of  the  Convention  in  repeating 
them.  But  there  is  one  question  I  would  like 
to  ask  of  some  gentleman  who  has  had  an  op- 
portunity of  giving  this  suliject  more  attention 
than  I  have  been  able  to  devote  to  it,  and  it  is 
this:  Do  not  the  objectionable  features  em- 
))odied  in  Section  3,  as  here  printed,  and  in  the 
provision  which  has  been  sent  to  the  Secretary's 
desk  by  the  gentleman  from  Washoe,  exist  in 
Section  4,  (or  Section  5  as  it  is  numbered  by 
mistake  in  the  printed  copy,)  which  I  under- 
stand the  Judiciary  Committee  have  reported 
in  favor  of?     That  section  reads  thus  : 

"Provision  may  be  made  by  law  for  the  removal  from 
office  of  any  civil  ofUcer,  for  malfeasance  or  nonfeas- 
ance in  the  performance  of  his  duties." 

That,  I  understand,  applies  to  judicial  officers 
as  well  as  others.  It  says  -'civil  officer," — that 
is,  not  military  officers — and,  of  course,  it  in- 
cludes the  judiciary.  They  may  be  removed 
•'for  malfeasance  or  nonfeasance  ; '"  that  means 
the  "  mal,"  or  wrong  performance,  or  the  non- 
feasance or  failure  to  perform  the  duties  re- 
quired of  them  by  law.  It  seems  to  me — and 
if  I  am  wrong,  I  would  like  to  be  set  right — 
that  the  last  section  reported  in  favor  of  by  the 
Judiciary  Committee,  really  involves  all  the 
power  contemplated  by  the  gentleman  from 
Washoe  (Mr.  Nourse)  in  ottering  his  amendment 
to  reinstate  Section  3,  and  if  we  whsh  to  carry 
out  the  views  of  the  Committee  on  the  Judiciary, 
we  can  do  so,  in  my  judgment,  only  by  striking 
out  that  section. 

Mr.  NOURSE.  My  view  is,  that  that  section 
only  applies  to  those  cases  which  are  not  spe- 
cially provided  for  in  the  preceding  .sections. 

Mr.  BANKS.  Then  I  understand  the  gentle- 
man's explanation  to  be  that  this  section  would 
not  embrace  judges,  because  they  are  specially 
provided  for  above. 

Mr.  NOURSE.     That  is  my  impression. 

Mr.  BANKS.  It  occurs  to  me  that  the  letter 
of  this  section,  (numbered  five  in  the  printed 
basis,  apparently  by  mistake.)  does  include  all 
the  State  officers.  It  occurs  to  me  that  what- 
ever may  be  the  spirit  or  intent  of  that  section, 
the  letter  of  it  does  clearly  provide  for  a  power 
which  we  admit  to  be  a  dangerous  one.  1  call 
the  attention  of  gentlemen  to  that  section,  and 
to  its  wide  scope  and  application,  and  I  trust 
that  we  shall  not  only  vote  it  down,  but  provide 
against  the  dangerous  power  which  this  section, 
four,  or  five,  in  its  letter  involves. 


544 


IMPEACHMENT  AND  REMOVAL. 


[16th  day. 


Thursday.] 


Johnson — Brosnax. 


[July  21. 


Mr.  JOHNSON.  I  was  not  present  with  the 
committee  when  it  was  resolved  to  strike  out 
this  liual  section,  and  1  am  unadvised  as  to  the 
artruments  thore  presented  on  the  question  of 
stHkiii?  out :  but  it  is  a  subject  to  the  inves- 
ti-'atiou  of  wiiich  I  have  given  considerable 
atu-ntion.  and  I  have  yet  to  hear  any  arguments 
which  will  satisfv  my  miud  that  it  is  not  proper 
to  retain  the  provision.  I  do  believe  that  it 
is  a  very  important  and  beneficial  provision. 
Now  mv" learned  Iriend  from  ^^torey  (.Mr.  Bros- 
nan)  recounts  some  imaginary  evils,  that  possi- 
bly migiit  ensue  from  tlie  adoption  of  that  pro- 
vision, which,  to  his  mind,  seems  to  be  calcu- 
lated to  produce  nothing  but  evil  and  injurious 
results  :  yet  the  very  instances  he  cites,  iu  my 
judgment,  carry  with  them  arguments  iu  favor 
of  tlie  retention  of  the  provision. 

In  the  first  place,  sir,  when  an  accusation  is 
made  against  a  person,  whether  a  judicial  otiicer 
or  otherwise.  1  do  not  understand  that  that  ac- 
cusation necessarily  carries  with  it  a  convic- 
tion. I  am  not  aware  that  the  person  accused 
is  thereby  convicted  in  the  public  estimation. 
On  the  contrary,  the  etf-ct  is  oftentimes  the 
verv  opposite.  All  will  admit  this,  that  if  the 
chaVo-e  is  of  so  grave  and  serious  a  nature  as  to 
induce  two-thirds  of  the  members  elected  to 
both  branches  of  the  Legislature  to  depose  a 
judicial  otticer.  there  must  have  been  substantial 
grounds  for  the  accusation.  If.  on  the  contrary, 
the  accusation  is  unsustained,  in  so  far  that  the 
Legislature  refuses  to  remove  from  ofiice,  the 
party  accused,  we  know  from  observation,  that 
not  only  is  the  accusation  stamped  with  false- 
hood and  opprobrium,  but  also  that  the  cir- 
cumstance gathers  around  the  accused  hosts 
of  friends.  The  fact  of  unsupported  charges  be- 
ing brought  against  a  man.  is  something  which 
is  "best  calculated,  under  almost  all  circumstan- 
ces, to  establish  and  strengthen  the  reputation 
and  good  name  of  the  person  assailed.  Parties 
who  may  partake  of  the  feelings  that  are  engen- 
dered against  an  individual  under  such  cir- 
cumstances, when  an  accusation  is  made,  even 
those  who  are  disposed  to  believe  in  tlie  truth 
of  the  charge,  if  the  accuser  fails  to  support 
it.  change  their  views  ami  opinions,  and  we  find 
large  numbers  of  the  community,  even  of  those 
who  had  in  the  outset  no  special  interest  iu  the 
controversary.atonce  becouiing  the  firm  friends 
and  z  -alous  adliereuts  and  defenders  of  the  per- 
son who  lias  Ijeen  unjustly  accus'.'d. 

Now  as  to  the  matter  of  keeping  persons  oc- 
cupving  judicial  oflices  free  from  accusations, 
we  "know  that  is  simply  impo>sible,  wliether 
the  Legislature  shall  or  shall  not  l)e  clothed 
with  this  autliority.  No  man.  sir.  wlio  has  ever 
(xTiipicd  a  judicial  position  iu  tiiis  Territory, 
lias  Ix'cn  free  from  envenomed  shafts  assailing 
liis  character,  whether  justly  or  unjustly,  it  is 
not  for  me  to  say.  I  will  only  say  that  such 
has  been  our  cxpercnce  in  respect  to  judges. 
and  not  only  here,  but  also  in  California.  But 
few  men  have  occupied  judicial  positions  in  that 
State,  from  the  earliest  period  iu  its  history  to 


the  present  day,  who  have  not  on  some  occasion 
been  accused  of  offenses,  or  had  charges  made 
against  them  in  the  public  press  of  such  a  char- 
acter that  had  they  been  pressed  and  sustained 
would  have  condemned  them  forever  to  private 
life.  But  that  argument,  to  my  mind,  makes 
no  difference.  I  take  it,  that  if  the  case  is  suf- 
ficiently grave  to  warrant  investigation,  it 
would  become  the  duty  and  the  province  of  the 
Legislature,  under  this  provision,  to  investigate 
the  matter,  and  if  not,  it  is  not  likely  that  any 
person  will  be  found  with  the  unblushing 
effrontery  to  go  before  the  Legislature,  and 
there  make  and  seek  to  establish  such  accusa- 
tions. 

And  it  will  be  observed  that  there  is  a  mate- 
rial difference  between  those  cases  iu  which  an 
olHcer  may  be  impeached,  and  those  in  which 
he  may  be  simply  removed  from  office.  It  will 
be  seen  that  the  article  for  impeachment  does 
not  emljrace  all  classes  of  cases  in  which  there 
may  be  occasion  for  removal.  The  ditt'erence 
to  which  I  refer,  consists  in  this :  that  a  per- 
son who  has  rendered  himself  liable  to  im- 
peachment for  malfeasance  in  office,  is  regarded 
as  guilty  of  one  of  the  most  heinous  crimes 
known  to  an  enlightened  government.  Hence 
I  say  this  difference  exists,  that  impeachment 
not  only  contemplates  removal  from  ofiice,  but 
also  disqualification  from  holding  any  ofiice  of 
profit  or  trust  thereafter. 

Mr.  BROSNAN.  And  the  officer  is  liable  to 
indictment  also. 

Mr.  JOHNSON.  Yes,  sir.  I  am  speaking, 
however,  of  a  simple  case  of  impeachment, 
but  there  are  causes  for  removal  which  should 
not  be  made  reason  for  impeachment.  I  will 
give  an  illustration  of  my  meaning :  sup- 
pose an  incumbent  of  a  judicial  position,  by 
reason  of  impaired  health,  is  not  able  to  per- 
form his  duties,  but  yet  he  may  have  a  desire 
to  retain  the  salary  or  emoluments  of  his  office. 
His  pecuniary  circumstances  may  be  such  as  to 
require  him  to  retain  his  compensation,  if  pos- 
sible, and  there  may  be  a  thousand  other  rea- 
sons which  would  impel  him  to  continue  in 
office,  although  the  public  interests  are  thereljy 
made  to  suffer.  There  is  no  power  which  can 
compel  a  resignation — no  power  under  the  Con- 
stitution and  laws  hj  which  another  can  be  in- 
vested with  the  prerogatives  of  the  office,  so  as 
to  exercise  its  fuuctions,  no  matter  how  greatly 
the  public  interests  may  demand  it.  He  can 
not  and  should  not  be  impeached  —  and  yet 
such  a  case  would  constitute  one  of  a  class 
wliich  should  call  for  the  interposition  of  the 
power  of  removal,  that  the  public  interests  may 
be  subserved.  It  is  not  a  case  calling  for  im- 
peaeiimeut,  Itut  tliere  should  be  a  power  lodged 
somewhere,  if  the  officer  refuses  to  resign,  and 
cannot  discharge  the  duties  of  his  ofiice,  to  re- 
move him.  We  do  not  want  to  impeach,  and 
say  that  he  shall  never  hold  office  thereafter, 
j  l)ut  we  demand  some  one  cai)able  to  discharge 
the  duties  of  that  ofiice.  But  if  we  strike  out 
I  this  section,  where  is  this  power  lodged  ?    No- 


16th  day.] 


IMPEACHMENT  AND  REMOVAL. 


545 


Thursday,] 


Johnson. 


[July  21. 


where.  Hocau  hohl  on  to  the  office  and  receive 
the  salary,  although  he  performs  none  of  the 
duties,  and  the  public  interests  may  be  suffer- 
ing at  the  same  time.  lie  can  bid  defiance 
alike  to  the  Courts,  the  Legislature,  and  the 
Executive.  Instances  of  this  kind  might  be 
multiplied. 

Now,  sir,  this  provision,  as  we  find  it  in  the 
old  Constitution,  is  not  an  e.x'periment.  We 
have  precedent  for  the  incorporation  of  that 
section  into  our  Constitution,  and  we  need  i.ot 
go  further  for  an  example  than  the  native 
State  of  many  of  the  members  of  this  Con- 
vention, and  though  not  the  native  State  of 
the  gentleman  from  Storey,  (Mr.  Brosnan,)  yet 
the  one  in  which  he  grew  from  youth  to  man- 
hood, and  in  which  for  years  he  practiced  his 
profession — a  State  for  whose  judicial  provis- 
ions he  has,  I  am  sure,  great  respect,  and  whose 
legislation,  I  am  equally  confident,  he  is  not  in- 
disposed to  regard  with  favor.  I  allude,  of 
course,  to  the  State  of  New  York.  By  refer- 
ring to  Article  VI  of  the  Constitution  of  New 
York — the  Constitution  now  in  force,  framed 
some  fourteen  years  ago,  by  a  Convention,  in 
which  were  found  many  of  the  ablest  lawyers 
of  that  State,  those  who  had  occupied  posi- 
tions upon  the  bench  of  the  Court  of  Appeals, 
and  in  the  inferior  Courts — we  find  that  tiiey 
have  adopted  a  similar  provision.  Their  expe- 
rience seems  to  have  justified  the  belief  that 
this  was  not  conferrring  a  dangerous  power. 
I  refer  gentlemen  to  the  provisions  of  Section 
1,  of  Article  VI,  of  the  Constitution  of  New 
York,  which  reads  thus : 

"Section  1.  The  Assembly  shall  have  the  power  of 
impeachment  by  the  vote  of  a  majority  of  all  the  m.em- 
bei'S  eleL'tecl." 

Here,  they  are  in  advance  of  us  in  the  mat- 
ter of  impeachment,  providing  that  a  bare  ma- 
jority of  the  members  elect  shall  have  the 
power  of  impeachment. 

"  The  Court  for  the  trial  of  impeachment  shall  be 
composed  of  the  President  of  the  Senate,  the  Senators, 
or  a  major  part  of  them,  and  the  -Judges  of  the  Court 
of  Appeals,  or  the  major  i^art  of  them.  On  the  trial  of 
an  impeachment  against  the  txovernor,  the  Lieutenant- 
Governor  shall  not  act  as  a  member  of  the  Court.  No 
judicial  officer  shall  exercise  his  office  after  he  shall 
have  been  impeached,  until  he  shall  have  been  acqaiit- 
ted.  Before  the  trial  of  an  impeachment,  the  members 
of  the  Court  shall  take  an  oath  or  affirmation,  truly 
and  impartially  to  try  the  impeachment  according  to 
evidence ;  and  no  person  shall  be  cou\'icted  without  the 
concurrence  of  two-thirds  of  the  members  present." 

We  go  further  and  declare  that  it  shall  re- 
quire two-thirds  of  all  the  members  elected  to 
convict. 

"Judgment  in  cases  of  impeachment  shall  not  ex- 
tend further  than  to  removal  from  office  and  disquali- 
fication to  hold  and  enjoy  any  office  of  honor,  trust,  or 
profit  uudf  r  this  State  ;  but  the  party  impeached  shall 
be  liable  to  indictment  and  punishment  according  to 
law." 

That  is  the  section  relating  to  impeachment. 
Now  this  language  is  very  similar  to  that  which 
we  have  before  us,  in  respect  to  the  removal  of 
officers  who  are  not  made  subject  to  impeach- 

a9 


ment.    I  refer  particularly  to  Section  11  of  the 
article  in  the  New  York  Constitution. 

Section  11.  Justices  of  the  Supreme  Court  and 
Judges  of  the  Court  of  Appeals  may  be  removed  by 
concurrent  resolution  of  both  Houses  of  the  Legisla- 
ture, if  two-thirds  of  all  the  meuibers  elected  to  the 
Assembly,  and  a  m:;jority  of  all  tlie  members  elected 
to  the  Seuate,  concur  therein. 

The  difference,  it  will  be  seen,  is  this,  that  we 
require  two-thirds  of  all  the  members  elected 
to  both  branches  of  the  Legislature,  whilst  in 
New  York  two-thirds  of  the  As.sembly  is  re- 
quired, but  only  a  majority  of  the  Senate. 

"All  judicial  officers,  except  those  mentioned  in  this 
section,  and  except  Justices  of  the  Peace,  and  Judges 
and  Justices  of  inferior  Courts,  not  of  record,  may  bo 
removed  by  the  Senate  on  the  reccmimendation  of  the 
Governor  ;  but  no  removal  shaU  l)e  made  by  virtue  of 
this  section,  unless  the  cause  tlureot  be  entered  on 
the  journals,  nor  unless  the  party  cdniijlained  of  shall 
have  been  served  with  a  copy  of  ilie  cianplaint  against 
him,  and  shall  have  had  an  opportutnty  of  being  heard 
in  his  defense.  On  the  question  of  removal,  the  ayes 
and  noes  shall  be  entered  on  the  journals. " 

Why,  sir.  here  in  the  State  of  New  York,  a 
State  Government  which  has  passed  through 
a  history  of  more  than  seventy  years,  men 
have  deemed  it  not  unwise  to  adopt  provis- 
ions in  this  respect  far  in  advance  of  anything 
which  is  proposed  by  us,  in  the  Constitution  we 
are  engaged  in  framing  for  the  State  of  Ne- 
vada. They  have  found  it  expedient  to  provide 
that  a  certain  class  of  officers  shall  be  subjec  t 
to  removal  by  vote  of  the  Senate  alone,  on  the 
recommendation  of  the  Governor  ;  and  further- 
more, as  to  another  class  of  officers,  in  cases 
where  there  is  not  a  sufficient  cause  for  im- 
peachment and  conviction  by  two-thirds  of 
the  Assembly  and  a  majority  of  the  Senate, 
that  they  can  be  removed  by  mere  resolution. 
And  that  provision  applies  to  the  Judges  of 
the  highest  Court  in  the  State — the  Court  of 
Appeals.  Now,  sir,  although  in  regard  to  this 
matter  of  removal  from  office,  as  I  have  re- 
marked, they  have  taken  a  step  far  in  advance 
of  what  is  contemplated  by  Section  3  of  our 
Constitution,  nevertheless,  I  have  yet  to  learn 
that  that  provision  of  the  Constitution  of  New 
York  has  ever  operated  injuriously  in  any  case. 
I  cannot  now  call  to  my  recollection  one  in- 
stance in  the  history  of  that  Statt;— other  gen- 
tlemen more  conversant  with  its  history  since 
the  adoption  of  this  Constitution  may — wherein 
by  this  mode.  Judges  of  the  higher  Courts  have 
been  attempted  to  be  removed.  I  cannot  recall 
a  single  instance  where  this  power  has  been 
sought  to  be  exercised. 

And  what  conclusion  do  we  deduce  from  this 
fact  ?  Simply  this :  that  where  there  is  pre- 
sented to  the  minds  of  jndici  il  officers  the  fact 
of  the  existence  of  a  power  that  may  l^e  evoked 
by  the  people's  repre.'^entatives.  the  knowledge 
of  the  existence  of  sncli  a  power  undoubt- 
edly has  a  tendency  to  place  those  officers  on 
their  good  l)ehavior,  much  more  than  would 
the  knowledge  of  the  fact  that  they  could  only 
be  reached  l)y  tlie  tortuous  and  difficult  course 
of  an  impeachment,  where  such  mode  alone  can 


546 


IMPEACHMENT  AND  REMOVAL. 


[16th  day. 


Thursday.] 


Warwick — Johnson — Collins. 


[July  21. 


be  resorted  to.   Knowing  the  fact  that  they  can  | 
be  reached  with   jireat  facility  if  there  is  occa- 
sion, thev  have  doubtless  been   more  readily 
dispasfii  to  diliu'ence  and  due  attention  in  per- 
fonniiiir  their  duties,  discharging  them  in  such 
a  nuuuier  as  to  render  needless  the  interposi- 
tion of  this  power.     I  really  believe  that  the 
adoption  of  a  provision  of  this  kind  would  have 
a  most  lii'uelicial  ellect  and  tendency  upon  our  ' 
judicial  system.     If  we  place  a  man  in   a  posi- : 
tion  where  lie  can  bid  detiance   to  all  th(!   pow- 
ers that  Ije.  he  may  be  di.sposed  to   manifest  a 
kind  of  independence  far  different  from    that' 
charaeter  of  independence  which  I  desire  to } 
see  exhibited  by  judicial  officers.     My  earnest  j 
desire  is  that  our  judicial  officers  may  be  in- 
duced to  perform  their  duties  in  such  a  manner 
that  no  word  of  reproach  or  censure  can  drop 
from  the  lips  of  any  man,  or  find   a  lodgment 
in  the  columns  of  any  newspaper. 

I  do  conceive  that  it  is  possible  for  judicial 
officers  thus  to  perform  their  duties.  We  have 
known  some  instances  where  men  in  judicial 
positions  have  discharged  their  trusts  so  ac- 
ceptulily,  even  at  a  period  when  clashing  in- 
terests and  e.\citing  influences  surrounded  tliem, 
to  a  degree  to  which  history  scarcely  presents 
a  parallel.  There  has  been  at  least  one  judge 
in  the  State  of  California — I  do  not  know  as  I 
can  with  justice  extend  the  number,  but  there 
certainly  has  been  one — who  has  received  the 
approbation  of  all.  Though  men  have  dif- 
fered from  the  conclusions  of  that  judge  as 
to  matters  of  law,  yet  no  breath  of  calumny 
has  ever  been  uttered  against  him.  I  refer  to 
Judge  Norton,  probably  the  only  instance  of 
the  kind  afforded  in  the  history  of  the  Cali- 
fornia judicature  ;  and,  perliaps.  also  in  latter 
days  in  tliat  of  New  York.  But  I  say  that  this 
single  instance  proves  that  it  is  not  impossible 
for  a  man  to  so  perform  his  duties  as  a  judge 
as  not  to  incur  censure  and  opprohriuni.  Place 
a  provision  here  by  whicii  the  judge  can  be 
easily  reached,  and  my  word  for  it,  not  only 
will  there  be  less  occasion  forcahimiiy.  but  less 
carping  and  fault-finding  among  lawyers  and 
litigants.  I  do  not  think  there  can  be  any  in- 
jurious cons<'(iuence8  resulting  from  such  a 
cour.se,  and  we  find  a  notal>le  precedent  for  it 
in  the  Constitution  of  New  York,  although. 
as  we  have  seen,  we  do  not  go  even  as  far  as 
they  do. 

As  to  the  latter  section  in  this  article,  I  think 
perhaps  it  would  be  better  to  incorporate  in  it 
an  additional  word  or  two  so  as  to  render  it 
clear  that  it  does  not  mean  to  emln-ace  any  of 
the  otiicers  mention<'d  in  tiie  preceding  sections. 
That  was  undoulitedly  tlie  sense  in  whieh  it  was 
adopti-d  originally,  ami  no  donlit  tiiat  would 
be  thejudieial  construction  ;  but  tlie  additional 
words  will  obviate  any  possible  objection  of 
that  character.  As  to  this  Section  3,  I  hope 
it  will  l)e  adopted,  at  least  in  its  essential 
features,  as  we  find  it  in  the  old  Constitution. 

Mr.  WARWICK.  I  wish  to  say  a  word  or 
two  ou  a  subject  referred  to  by  the  gentlemen 


from  Ormsby,  (Mr.  Johnson,)  although  it  may 
not  be  strictly  in  order.  I  indorse  every  word 
wliicli  the  gentleman  has  said  in  regard  to  Judne 
Norton,  of  California  ;  but  in  order  to  show 
how  high  is  the  appreciation  which  the  people 
have  for  a  good  judge,  I  wish  to  mention  the 
fact,  that  after  having  secured  the  advantage 
of  his  services  for  a  single  term,  they  dropped 
him  without  a  word,  and  never  so  much  as 
offered  liini  a  renomiuation. 

Mr.  JOHNSON.  I  ii.jpe  the  gentleman  from 
Lauder  w'as  not  a  member  of  that  nominating 
Convention. 

Mr.  WARWICK.  No,  sir  ;  I  would  have 
voted  lor  him,  if  1  had  been. 

Mr.  COLLINS.  I  believe  that  this  provision 
giving  the  power  to  remove  judges,  had  its  ori- 
gin at  a  time  when  judges  were  api)()inted  for 
life,  or  during  good  behavior ;  and  there  are 
many  considerations  attaching  to  this  matter 
iu  those  days,  which  are  now  removed  from  our 
consideration  in  consequence  of  the  shorter 
term  of  our  judges.  And  yet  I  agree  with  the 
gentleman  from  Washoe,  (Mr.  Nourse.)  that  a 
judge  may  not  come  within  the  scope  and  mean- 
ing of  the  provision  for  impeachment  by  reason 
of  malfeasance,  and  still  that  judge  may  have 
utterly  lost  all  Iiis  influence,  and  to  all  intents 
and  purposes  may  have  become  entirely  worth- 
less as  a  judge.  There  are  a  hundred  cases  that 
I  might  cite,  which  would  illustrate  this  point. 
For  instance,  a  judge  may  be  in  a  state  of  ill 
health,  languishing  with  incurable  disease,  but 
he  may  not  see  his  own  condition  as  others  see 
it.  He  may  hang  on  to  his  office  from  year  to 
year  in  the  hope  that  he  will  ultimately  recover, 
although  others  believe  there  is  no  possible 
hope  of  recovery.  Now  I  say  in  such  a  case 
there  should  be  some  provision  by  which  the 
Legislature,  on  the  recommendation  of  the 
Governor,  it  may  be,  shall  have  the  power  to 
remove  that  man  ;  because  to  allow  him  to  re- 
main, would  be  practically  to  destroy  or  anni- 
hilate, for  the  time  being,  the  Court  of  whose 
bench  he  was  the  incumbent. 

Now  when  Massachusetts,  in  1820,  remodeled 
her  Constitution,  when  those  miMi  standing  high 
on  the  record  for  their  judicial  knowledge,  abil- 
ity, and  integrity,  wtio  had  been  selected  to 
compose  the  Convention,  came  to  consider  this 
subject,  Massacliusetts,  Ijy  the  voice  of  that 
Convention,  declared  that,  on  the  representa- 
tion of  the  Legislature,  by  a  majority  vote,  the 
Governor,  by  the  consent  of  tlie  Council,  might 
remove  a  judge  from  the  bench  ;  and  that  is 
the  law  of  Massachu.setts  at  the  present  time. 
In  all  the  amendments  wliicli  have  been  made 
by  the  Legislature  of  Massacliusetts,  and  all 
the  attempts  at  remodeling  her  Constitution, 
or  changing  its  various  articles,  which  have 
been  made  from  time  to  time,  that  question 
has  never  again  been  mooted,  because  the;  pro- 
vision was  found  to  work  admiral)ly  there.  So, 
it  is  in  Texas :  it  re(iuires  there  a  two-thirds 
vote  lor  removal ;  but  in  Texas,  as  with  us, 
they  elect   their  judges   for  a  short   term  of 


16th  day.] 


IMPEACHMENT  AND  REMOVAL. 


547 


rhursday,] 


Frizell — Chapin — Dunne. 


[July  21. 


years — for  six  years.  I  think.  In  Virginia  it 
only  requires  a  majority  of  both  Houses  of  the 
Legislature,  on  the  recommendation  of  the 
Governor,  to  remove  a  judge.  In  Ohio  it  re- 
quires a  two-thirds  vote,  but  there  an  oHicer 
must  be  removed,  on  th-i  recommendation  of  the 
Governor,  by  that  two-thirds  vote. 

Now  it  occurs  to  me  that  a  judge  may  make 
himself  extremely  obnoxious,  by  his  associa- 
tions, by  his  decisions,  or  by  his  social  charac- 
teristics. He  may  become  so  obnoxious  to  the 
public  as  to  be  worse  than  worthless,  and  I  con- 
tend that  our  judicial  matters  are  of  too  high 
moment  to  be  trifled  away  by  men  whose  repu- 
tation may  be  lost  by  reason  of  their  own  vices 
and  follii's.  Would  it  not  be  well  if  Congress 
had  the  power  to  remove  a  Senator  in  such  case 
or  under  such  circumstances?  Would  not  the 
State  of  California  and  the  whole  Pacific  coast 
by  that  means  be  relieved  of  that  odium  which 
will  attach  to  them  through  all  time  in  the  fu- 
ture, on  account  of  one  man  who  at  the  pres- 
ent time  disgraces  that  high  station?  I  liave 
not  so  much  fear  that  the  Legislature  will  do 
injustice  to  a  judge,  as  I  have  that  a  judge,  by 
the  improper  exercise  of  his  power,  may  do  in- 
justice to  the  people.  Ou  the  whole,  I  want 
this  section  to  remain,  because  I  want  to  put 
the  judges  on  their  good  behavior — ^because  I 
M'ant  to  put  a  power  behind  them  which  they 
may  be  made  to  feel — to  let  them  know  that 
there  is  a  power  which  may  be  invoked,  and 
which  is  competent  to  effect  their  removal.  It 
makes  a  very  great  difference  with  some  men, 
in  regard  to  their  actions,  whether  or  not  there 
is  such  a  power  behind  them.  Some  men  are 
so  constituted  that  they  never  will  contin- 
uously deport  themselves  properly  unless  they 
are  placed  upon  their  good  behavior. 

Mr.  FRIZELL.  This  Section  3  is  one  in 
the  retention  of  which  I  take  some  degree  of 
interest.  It  is  a  subject,  Mr.  Chairman,  on 
which  very  good  men  would  disagree,  viewing 
it  from  different  stand-points.  I  did  suppose, 
until  the  reading  of  the  Constitution  of  New 
York,  by  the  gentleman  from  Ormsby.  (Mr. 
Johnson.)  that  this  was  really  an  innovation, 
or,  at  least,  something  more  than  what  is  con- 
tained in  the  Constitutions  of  almost,  if  not  all, 
of  the  States ;  but  it  appears,  sir,  that  it  is  not 
new.  We  are  perfectly  well  aware,  Mr.  Presi- 
dent, that  desperate  diseases  require  desperate, 
or  at  least  adequate  remedies.  It  is  well  known 
that  a  physician  may  study  a  life-time  to  make 
up  a  theory  for  the  treatment  of  some  particu- 
lar disease,  and  the  discovery  may,  perhaps, 
be  extended  over  a  whole  continent.  But  then, 
sir,  the  same  physician  may  afterwards  locate 
in  some  particular  district  where  he  meets  with 
a  form  of  that  disease  that  is  extremely  viru- 
lent and  dangerous  in  its  nature,  and  after  all 
his  theorizing  he  then  finds  that  he  is  compelled 
to  change  his  tactics,  and  to  abandon  his  theory 
of  practice,  which  he  had  adopted  after  life- 
long study.  Now  I  need  not  say  to  you,  Mr. 
Chairman,  and  members  of  this  Convention, 


that  this  disease  which  we  seek  to  reach  and 

control,  or  cure,  the  disease  that  has  prevailed 
in  this  locality  heretofore,  and  which  I  fear  will 
continue  to  prevail  in  the  future,  is  one  tliat  is 
dangerous  and  difficult  of  treatment.  It  is  a 
disease,  Mr.  Chairman,  wliich  attacks  the  brain, 
the  heart,  and  the  stomach  of  men,  and  I  al- 
most fear,  sir,  that  it  contaminates  the  soul. 
And,  sir,  as  an  application  to  such  a  disease,  I 
know  of  no  better  remedy  tlian  this  Section  .3. 
I  hold  that  when  we  get  good  and  upright 
judges  on  the  bench,  this  section  will  operate 
as  an  incentive  and  inducement  for  such  men 
to  do  their  duty  boldly  and  fearlessly.  And 
on  the  other  hand,  it  will  hang  like  a  sword 
suspended  by  a  single  hair  ovvt  the  lieads  of 
those  men  who  would  deviate  from  the  path  of 
duty,  or  do  that  which  is  evil  and  wrong. 
With  these  remarks,  I  leave  the  subject  with 
the  Convention,  hoping  that  Section  3  will  be 
retained. 

Mr.  CHAPIN.  I  desire  to  say  only  a  word 
or  two  on  this  sul>ject.  I  appreciate  the  ol^jec- 
tions  which  gentlemen  have  urged  against  this 
section,  but  our  situation  in  this  country,  it  ap- 
pears to  me,  is  a  peculiar  one,  and  altogether 
unlike  that  of  the  older  States  of  the  Union, 
where  the  judges  may  be  men  who  have  beeu 
known  in  the  community  from  their  youth  up, 
and  where  people  are  able,  therefore,  to  select 
their  judges  from  among  men  who  have  been 
long  known  and  tried.  There  they  can  select 
men  to  whom  they  dare  to  intrust  their  lives, 
their  property,  their  honor — everything.  We 
cannot,  for  a  long  time  to  come,  anticipate  such 
a  state  of  affairs  here,  and  therefore  I  am  in 
favor  of  retaining  this  section,  so  that  we  may 
be  able  to  reach  those  judges  whom  we  may 
chance  to  select,  in  case  they  should  be  fouua 
unworthy  or  incompetent,  because  we  shall  be 
compelled  to  take  men  about  whom  we  know 
very  little,  and  in  regard  to  whom  we  shall 
be  very  liable  to  be  deceived.  If  we  are  de- 
ceived, I  want  a  provision  here,  by  means  of 
which  we  can  reach  and  remove  them,  and  not 
be  compelled  to  suffer  ruinously,  from  year  to 
year,  in  consequence  of  their  malfeasance  in 
office.  Therefore  I  shall  vote  in  favor  of  re- 
taining the  section. 

Mr.  DUNNE.  I  am  very  much  surprised  to 
see  the  great  degree  of  unanimity  which  seems 
to  prevail  in  the  Convention  on  the  question 
of  retaining  this  section.  I  find  myself  differ- 
ing apparently  from  the  great  majority  of  the 
Convention.  Still,  I  cannot  but  believe  that 
true  policy  would  require  the  striking  out  of 
the  section.  We  live  here  under  a  radical 
Democratic  government,  and  the  only  conserva- 
tive balancewhich  we  have  in  our  whole  scheme 
of  government  is  the  judiciary. 

Mr.  FRIZELL.  Will  tlie  gentleman  allow 
me  to  correct  him.  and  to  suggest  that  the  only 
party  which  is  radically  democratic,  is  the  Fre- 
mont party.     [Laughter.] 

Mr.  DUNNE.  If  the  gentleman  considers  it 
necessary  for  me  to  explain,  I  will  say  that  I 


548 


IMPEACHMENT  AND  REMOVAL. 


[16th  da)- 


Thursday,] 


Dlxxe — NOCRSE. 


[July  21. 


am  not  a  Fremont  man.  [Laughter.]  I  say  |  the  people  as  a  candidate  for  judge,  who  has 
that  thf  onlv  conservative  balance  we  have  in  attained  a  good  degree  of  popularity,  although 
our  scheme' of  government  is  the  jndiciary.  his  cliaracter  is  somewhat  doubtful,  if  the  ques- 
That  is  all  lhat\s  left  to  us.  and  if  we  strike  tion  is  raised  as  to  his  character,  it  will  Ije  said 
that  out  we  move  forward  in  a  iie.idldng  career  that  that  is  not  of  much  consequence— tliat  un- 
of  radical  democracy.  I  am  in  favor  of  retain-  der  this  provi.sion  it  makes  no  particular  ditfer- 
i»<T  that  conservative  balance  in  our  govern-  ence— because  if  it  should  happen  to  turn  out 
m!r„t  that  his  character  is  bad,  it  will   be  all  right, 

Now  in  regard  to  the  proposition  advanced  for  they  can  easily  remove  him.  The  tendency 
bv  soni"  of  tliose  gentlemen  who  are  in  favor  of  the  provision  would  therefore  be  to  lower 
of  striking  out  this  consi-rvative  balance,  that  the  standard  of  the  judicial  office. 
an  accusaUon  against  a  judge  does  not  neces-  In  regard  to  the  point  made  by  my  col- 
sarily  atf-et  his  character  i. I  the  least,  but  that  league.  (Mr.  Banks.)  that  in  tiui  last  section 
he  will  come  out  of  the  ordeal  purified  and  ex-  we  have  already  a  provision  made  for  the  re- 
alted  by  the  trial— that  a  mere  accusation  as  to  moval  of  any  civil  officer.  I  think  it  was  well 
the  puritv  of  his  character  and  his  honesty  of  !  taken.  I  ask  the  attention  of  the  Convention 
purpose,  "altliough  made  openly  and  published  j  to  the  reading  of  these  sections.  Section  1  con- 
by  the  press  throughout  the  State,  and  can- 1  fers  the  power  of  impeachment,  and  Section  2 
vassed  in  the  legi.-^lative  halls  of  the  State,  does  '  says  that  ••  the  Governor,  and  other  civil  officers 
uot  necessarily  reflect  upon  the  character  of  ]  under  this  State  Government,  shall  be  lialjh^  to 
the  person  accused,  but  that  if  he  comes  un- !  impeachment,'"  etc.  Now  if  the  word  "civil" 
Bcathed  out  of  the  legislative  halls  he  is  exalted  does  not  include  judicial  officers,  then  judges 
by  the  trial— I  do  not  tliiuk  that  the  ex-  are  not  liable  to  impeachment  under  tliat  sec- 
perience  of  the  world  justifies  such  an  assump-  j  tion  ;  but  if  it  does,  they  are  liable  to  impeach- 
tion.  On  the  contrary.  I  believe  that  men  can  ment,  and  they  are  also  liable  to  removal  under 
never  entertain  the  same  feelings  in  regard  to  this  last  section,  whicli  says  that  provision  shall 
that  person  that  they  could  before.  In  giving  be  made  by  law  for  the  removal  from  otKce  of 
this  power  to  the  Legislature,  then,  we  are  "  any  civil  offic  'r,''  etc.  Therefore,  I  say  this 
placing  this  only  conservative  balance  that  is  I  last  section  reaches  all  that  is  reached  by  Sec- 
left  us  wliere  it  will  Ije  subjected  to  tlie  caprice  tion  3.  and  for  the  same  reason  that  I  would  be 
of  popular  clamor.  Here  in  this  Territory,  and  in  favor  of  striking  out  Section  3.  I  would  be 
proposed  State,  we  are  ditferently  situated  in  ,  in  favor  of  amending  the  last  section  by  ex- 
regard  to  our  .society  from  those  other  States,  'cepting  judicial  officers. 

whose  Constitutions  have  been  quoted  to  us  !  Mr.  N()URSE.  I  would  prefer  that  this  sec- 
upon  this  point.  They  have  in  those  States  no  tion  should  l)e  somewhat  modified.  In  the  first 
gigantic  monopolies  like  ours,  one  or  two  of  I  place,  I  would  prefer  that  the  Governor  should 
whicli.  and  possibly  one  alone,  may  he  the  own- 1  have  to  act  in  the  matter,  and  not  the  Legisla- 
er  and  director  of  perhaps  a  fifth  part  of  the  ,  ture  alone,  dividing  the  responsiljility  among 
whole  amuunt  of  proptjrty  in  the  State,  By  j  so  many  that  no  one  man  feels  it.  I  would 
the  incorporation  of  this  section  we  place  it  in  i  prefer  tliat  when  a  judge  is  to  be  removed,  there 
the  power  of  any  one  of  the  powerful  mining  shall  l)e  some  individual  responsibility,  which 
companies  existing  amongst  us  to  ruin  forever  shall  be  an  additional  check  and  safeguard 
any  judge  who  shall  dare  to  stand  opposed  to  i  against  a  wanton  exercise  of  power.  I  would 
it.  on  any  i.ssue  that  may  he  raised  in  his  Court. '  prefer,  also,  that  the  New  York  system  should 
They  may  not  f)e  able  to  impeach  him,  or  to  se-  ha  adopted  in  that  respect,  rather  than  that  of 
cure  thi;  vote  in  the  Legislature  requisite  for  my  native  State  of  Maine,  or  that  of  Massachu- 
Lis  removal  under  this  provision,  but  they  can  j  setts.  In  Massachusetts  a  judge  may  be  reniov- 
nevertheless  ruin  him  forever,  irretrievably,  by   ed  by  the  Governor  upon   the  address  of  the 


raisuig  this  clamor  against  him. 

Now  it  has  been  stated  that  without  a  provi- 
Bion  of  this  kind,  a  judg(!  might  bid  deliaice 
to  the  people,  and  to  a'l  the  world.  1  think 
that  assertion  is  uot  well  foundi'd.  In  tin-  first 
place,  we  have  the  section  providing  for  im- 
peachment, and  the  judge  is  always  sulyect  to 
that,  if  he  commits  any  act  deserving  of  im- 
pi-achment.     We  have  also,  in  regard  to  this 


Legislature  ;  but  there  are  very  few  Governors 
who  would  refuse  to  remove  a  judge  upon  such 
an  address,  even  if  he  hud  any  inclination  that 
wa)'.  The  (Governor  would  be  apt  to  say — 
"  The  Legislature  advises  me  to  do  it,  and  I  do 
only  as  1  am  advised.''  It  would  be  a  mere 
show  of  the  exercise  of  his  discretion,  but  the 
case  would  be  very  different  if  upon  his  own 
responsibility  he  had,  in   the  first  instance,  to 


provision,  the  example  before  us  of  the  Consti- 1  make  the  recommendation.  But  I  only  state 
tution  of  the  United  States.  Now,  sir.  what  I  these  preferenct;s  to  show  more  clearly  why  I 
would  be  the  effect  of  retaining  thi.s  section?  vote  for  the  section  as  it  is.  I  think  it  is  better 
1  think  the  practical  working  of  it  would  l)e  1  to  adopt  it  as  it  stands,  than  to  have  it  left  out 
Buch  as  to  give  us  a  poorer  class  of  judge.*,  entirely,  and  I  do  not  expect,  if  it  be  adopted, 
The  people  are  careles.s  enough,  at  best,  in  the  that  there  will  perhaps  ever  be  an  occasion  for 
inatli-r  of  tin;  selection  of  their  ju<lges,  but  give  ,  the  exercise  of  this  power  ;  and,  at  all  events, 
th<;ra  that  .section,  and  they  would  become  more  I  am  very  eure  that  it  will  not  be  frequently 
carelcs.s  still.    When  some  man  comes  before  |  exercised.    But  the  bare  fact  that  there  is  such 


IGt.h  day.] 


IMPEACHMENT  AND  REMOVAL. 


549 


Thursday,] 


Dunne— NouESE— Banks— JouNSON. 


[July  21. 


a  power,  that  the  judge  who  does  not  do  his 
duty  satisfactorily  to  the  commuiiitj'-  at  hvrge 
is  liable  to  removal,  I  feel  certain,  iu  my  own 
mind,  will  tend  to  give  us  more  care,  more  in- 
dustry, more  sense  of  responsibility,  on  the 
part  of  the  judiciary. 

I  recognize  very  fully,  and  feel  very  strongl}^ 
the  suggestion  of  the  gentleman  from  Hum- 
boldt, (Mr.  Dunne) — whose  suggestions  are  al- 
ways worth  listening  to — as  to  the  importance 
of  keeping  our  judiciary  independent.  The 
judiciary  should  t)e  measurably  independent, 
but.  at  the  same  time,  I  thinlc  the  effect  of  this 
Section  3  is  simply  to  prevent  the  judiciary 
from  becoming  too  independent.  I  do  not  fear 
that  a  mining  company,  or  any  other  interest, 
can  any  more  readily  or  easily  buy  two-thirds 
of  the  Legislature,  than  it  can  buy  one  judge. 
I  do  not  think  that  argument  is  entitled  to 
much  weight.  For  the  purpose  of  having  our 
judges  feel  their  responsibility  for  the  faitliful 
and  diligent  performance  of  the  duties  of  their 
office^,aud  not  to  have  merely  a  means  of  im 
peachment  incase  they  should  prove  unfaithful. 
I  think  this  Si'ction  3  as  it  stood  in  the  original 
article  is  a  de.sira')le  one,  although,  as  I  have 
said.  I  think  it  could  be  improved  by  amend- 
ments requiring  action,  in  the  first  instance,  on 
the  part  of  the  Governor.  And  at  the  same 
time  I  would  like  to  have  this  final  section  so 
amended  as  to  read  something  like  this  : 

'•Provision  shall  be  made  by  law  for  the  removal 
from  office  of  any  civil  officer,  other  than  those  above 
uauied,"  etc. 

Mr.  DUNNE.  Allow  me  to  make  one  sug- 
gestion. The  point  I  wished  to  present  was, 
not  that  the  Legislature  by  a  two-thirds  vote 
could  secure  the  removal  from  otiice  of  a  judge, 
but  that  men  could,  for  their  own  ends,  raise 
the  question  of  the  removal  of  a  judge  in  the 
Legislature,  and  then,  by  means  of  the  press, 
they  could  raise  a  clamor  about  his  ears,  and 
in  that  manner  ruin  his  reputation  forever. 

Mr.  NOURSE.  If  they  can  raise  any  more 
clamor  about  judges  than  has  been  raised  dur- 
ing this  last  year,  they  will  do  pretty  well. 

Mr.  DUNNE.  Well,  I  think  they  do  not 
need  to  raise  more. 

Mr.  NOURSE.  I  confess  that  I  cannot  give 
so  much  weight  to  that  matter  as  I  can  gener- 
ally to  the  suggestions  of  the  gentleman  from 
Humboldt. 

The  question  was  taken  on  the  amendment 
inserting  Section  3,  as  contained  iu  the  printed 
article,  and  it  was  agreed  to. 

Mr.  NOURSE.  I  now  move  to  amend  Sec- 
tion 4,  the  final  section,  by  inserting  after  the 
word  '•  officer "'  the  words  •'  other  than  those 
above  named." 

Mr.  BANKS.  I  do  not  know  what  the  term 
"above  named"  may  include  or  imply.  In 
Section  2  of  the  printed  article,  we  have  these 
words — "  The  Governor,  and  other  civil  officers 
under  this  State  Government,  shall  be  liable  to 
mpeachment,"  etc.  Now  the  phrase  "  Gov- 
ernor, and  other  civil  officers,"  it  seems  to  me 


would  include  all  the  officers  of  the  State,  or, 
at  least,  all  l)nt  officers  of  the  militia. 

Mr.  JOHNSON.  Section  2  provides  for  the 
impeachment  of  the  Governor,  and  all  other 
civil  officers ;  whilst  Section  3  provides  for  the 
removal  of  civil  officers  ;  and  finally  Section  4 
comes  in,  and  says  : 

"Provision  shall  be  made  by  law  for  the  removal 
from  office  of  any  civil  officer,  for  malfeasance  or  non- 
feasance in  the  performance  of  his  duties." 

This  necessarily  confers  authority  on  the 
Legislature  to  provide  for  the  removal  of 
a  certain  class  of  officers,  in  case  such  re- 
moval shall  l)e  deemed  essential  to  the  public 
interest.  But  it  will  be  observed  tiuit  the  sec- 
tion, if  amended  as  proposed,  can  only  apply  to 
certain  classes  of  officers.  There  are  in  this  ar- 
ticle several  distinct  clas.sifications.  First,  it  is 
provided  in  section  2,  that  "  the  Governor, 
and  all  other  civil  officers,  shall  be  liable  to 
impeachment,"  etc. —  this  includes  all  civil 
officers ;  then  Section  3  provides  for  the  re- 
moval by  the  Legislature  of  judicial  officers  ; 
and  finally  this  section  comes  in  and  supplies 
the  deficiency,  in  regard  to  cases  not  provided 
for  by  the  preceding  sections.  It  appears  to 
me  that  even  without  amendment  Section  4  re- 
fers back  to  the  preceding  sections. 

Mr.  BANKS.  Would  it  not  put  the  matter 
beyond  all  doubt,  if  we  amend  the  section  so 
as  to  read  : 

"  Sec.  i.  Provision  shall  be  made  by  law  for  the  re- 
moval from  office  of  any  civil  officer,  other  than  the 
Governor  and  judicial  oiiicers,  for  malfeasance,"  etc. 

Mr.  NOUUSE.  I  have  an  amendment  here 
which  I  think  will  cover  it.  I  will  withdraw 
my  amendment,  and  move  instead,  after  tlie 
words  '■  any  civil  officer,"  in  Section  4,  to  insert 
the  words  '■  other  than  those  hereinbefore  speci- 
fied." I  do  not  suppose  that  we  mean  to  give 
power  to  the  Legislature  to  make  a  law  pro- 
viding for  the  removal  of  the  Governor,  or  the 
judges. 

Mr.  JOHNSON.  Section  2  says  "  the  Gov- 
ernor, and  other  civil  officers."  Now  a  justice 
of  the  peace  is  a  civil  officer.  I  think  the  lan- 
guage originally  employed  by  the  gentleman 
from  Washoe  covers  the  case.  The  article  makes 
three  classifications  :  First — that  the  Governor 
and  all  other  civil  officers  may  be  impeached ; 
second — that  the  judges  may  be  removed  from 
office  by  the  Legislature;  and  third — that  all 
other  civil  officers  may  bo  removed  by  law. 

Mr.  DUNNE.  And  including  the  Governor, 
too,  if  they  choose. 

Mr.  JOHNSON.     No,  sir  ;  I  think  not. 

Mr.  NOURSE.  Suppose  we  say  "  any  county 
ofiScer,"  instead  of  "any  civil  officer?"  Tliat 
is  all  that  is  intended.'!  s^uppose.  I  imagine 
that  the  E.xecntive  and  the  judges  are  desigru.-d 
to  be  covered  by  the  preceding  sections.  Now 
if  we  say  in  this  section  '-any  county  officer," 
would  not  that  cover  it  all? 

Mr.  JOHNSON.  What  would  you  do  with  a 
justice  of  the  peace?  He  is  not  a  county 
officer. 


550 


IMPEACHMENT  AND  REMOVAL. 


[16th  day. 


Tliursday,] 


Johnson — Banks — Dunne. 


[July  21. 


The  CHAIRMAN.  If  gentlemen  will  agree 
upou  .■^om-thiiig.  the  Chair  will  put  the  question. 

Mr.  JOHNSON.  I  do  not  want  to  be  under- 
stood as  advocating  the  giving  of  power  in  this 
section,  by  which  the  Governor  or  other  State 
orticers.  could  be  arbitrarily  removed.  I  regard 
it  a*  important,  so  far  as  the  Executive  and 
Slate  officers  are  concerned,  that  the  article 
shall  be  left  so  that  they  can  only  be  reached 
by  impeachment,  although  it  may  be  proper  to 
provide  that  in  some  cases  the  judicial  officers 
may  be  reached  by  removal  from  office,  under 
certain  restrictions. 

Mr.  BANKS.  I  am  willing  to  attribute  my 
not  understanding  this  matter  to  a  very  muddy 
brain,  but  I  must  confess  that  I  do  not  under- 
stand it.  I  wish  to  ask  the  gentleman  from 
Ormsby  (Mr.  Johnson)  what  he  understands 
'•  the  Governor  and  other  civil  officers  "  to  in- 
clude? 

Mr.  JOHNSON.  As  including  all  civil  offi- 
cers, from  Governor  to  constable. 

Mr.  BANKS.  Now  does  the  gentleman  under- 
stand that  that  term,  "  the  Governor  and  other 
civil  officers,"  means  the  same  thing  as  the 
phrase  here  employed  in  this  final  section,  or 
Section  5,  as  it  is  numbered,  where  it  says — 
"  Provision  shall  be  made  by  law  for  the  re- 
moval from  office  of  amj  civil  officer?" 

Mr.  JOHNSON.  I  stated  in  my  first  remarlvs 
to  the  Convention  on  this  subject,  that  I  did  not 
believe  this  last  section  was  sufficiently  definite 
and  expressive  of  what  we  intend,  and  that  it 
should  be  amended.  The  only  question  in  my 
mind  is,  as  to  the  words  to  be  inserted.  Sup- 
pose we  use  the  words  "county  or  township 
officer '.' '' 

The  PRESIDENT  pro  tern.  How  would  it  do 
to  say  "State  officer?" 

Mr.  JOHNSON.  I  cannot  consent  to  include 
them.  I  do  not  want  them  to  be  subject  to  re- 
moval simply  by  operation  of  law. 

-Mr.  DUNNE.  I  am  astonished  at  the  propo- 
sition advanced,  as  I  understand  by  the  gentle- 
man from  Ormsby.  (Mr.  Johnson,)  that  we  should 
endeavor  to  give  more  stability  to  the  offices  of 
tlie  Governor.  Controller  of  State,  Treasurer, 
and  Attorney-General,  than  we  do  to  the  Su- 
pri'me  Court ;  that  the  tenure  of  office  of  a 
judge  of  the  Supreme  Court  .shall  be  of  a 
slighter  nature  than  that  of  a  mere  State  Con- 
troller. That  is  the  ett'ect,  if  the  gentleman 
has  given  the  true  construction  of  this  article. 
By  Section  3  we  provide  that  the  Legislature 
uny  remove  a  justice  of  the  Supreme  Court, 
without  being  able  to  establi.sh  any  grounds  of 
ini|);achtnent.  They  may  do  it,  as  was  said  in 
regard  to  a  certain  judge  in  California,  simply 
'■  on  general  principles."  The  section  reads 
tlius : 

"Provision  Bhall  be  mafic  by  law  for  the  removal 
frdiii  ollia;  of  any  civil  officer,  for  malfeasance  or  non- 
fciisaiice  ill  the  performance  of  his  duties." 

Now  the  Legislature  might  enact  a  law  that 
a  majority  vote  shall  be  .sufficient  for  the  re- 
moval, under  this  section,  of  a  judge  ;  and  as  I 


Section  2  provides  who  may  be  liable  to  im- 
peachment, and  includes  judges  in  the  term 
"  civil  officers,"  the  Legislature  might  by  law 
provide  that  when  a  judge  could  not  be  re- 
moved by  impeachment,  he  might  be  removed 
by  a  majority  vote.  I  think  we  are  getting  this 
thing  rather  mixed. 

Mr.  BANKS.  Now,  sir,  if  the  restriction  pro- 
posed by  the  gentleman  from  Ormsby,  (Mr. 
.Johnson,)  and  which  I  understand  is  now  being 
prepared  by  the  g  'utleman  from  Washoe,  (Mr. 
Nourse,)  shall  prevail,  there  will  be  a  clear 
and  well  defined  expression  of  the  idea,  which, 
as  we  all  appear  to  understand,  this  section 
was  intended  to  convey.  It  seems  to  be  the 
sense  of  tliose  who  advocate  a  section  of  this 
kind,  that  its  apglication  shall  be  restricted  to 
the  officers  of  counties  and  townships.  Now  I 
remember  very  well  the  condition  of  things 
which  once  existed  in  the  State  of  California, 
and  which  is  liable  to  exist  in  any  State  having 
a  large  metropolis — as  Virginia  and  Gold  Hill, 
in  Storey  County,  constitute  the  metropolis  of 
this  Territory,  as  New  York  City  is  the  metrop- 
olis of  the  State  of  New  York,  and  as  San 
Francisco  is  the  metropolis  of  California.  As 
it  has  been  in  New  York,  and  in  California,  so 
it  may  be  in  this  Territory.  There  is  always  a 
spirit  of  antagonism  existing  between  the  grand 
metropolis  of  the  State  and  the  rest  of  the  State. 
People  living  in  the  rural  districts  of  the  State 
of  New  York,  look  upon  New  York  City  as  a 
sort  of  grand  institution,  of  which,  in  one  sense, 
they  may  feel  proud,  but  against  which  they 
are  always  legislating,  and  always  warring. 
The  history  of  the  police  contest  in  New  York 
will  illustrate  this  fact,  and  the  franchises  and 
privileges  granted  and  provided  for  by  the 
Legislature,  and  the  almost  interminable  con- 
troversies which  have  resulted  from  that  kind 
of  legislation,  are  also  instances  in  point. 

In  California,  also,  we  have  always  found  the 
Legislature  trying  to  do  something  against  the 
interests  of  San  Francisco,  and  I  state  what  I 
know,  when  I  say  that  ever  since  185(),  except, 
perhaps,  during  the  last  two  sessions  of  the 
Legislature,  if  a  power  of  this  kind  had  existed 
in  the  State  of  California,  every  officer  of  the 
City  of  San  Francisco  would  have  been  re- 
moved. The  will  of  the  Legislature  has  been 
antagonistic  to  the  will  of  the  people  of  that 
city,  so  far  as  the  choosing  of  the  city  officers 
is  concerned.  Gerrymandering  bills,  as  they 
are  called,  bills  providing  for  new  judicial  dis- 
tricts, and  for  the  reorganization  of  the  police 
department,  have  been  devised,  for  the  purpose 
of  defeating  by  legislation  the  will  of  the  peo- 
ple of  San  Francisco,  so  far  as  their  local  offi- 
cers are  concerned.  I  do  not  wish  to  provide 
in  our  Constitution  for  a  power  In  the  Legisla- 
ture, by  which  the  will  of  the  Legislature  may 
be  exercised  unrestrictedly  in  such  cases.  I 
want  to  see  such  provisions  that  the  local  offi- 
cers in  every  part  of  our  proposed  State  shall 
bc(  able  to  exercise  independence  ;  that  the  peo- 
ple in  every  county  may  enjoy  that  indepen- 


16  th  day.] 


IMPEACHMENT  AND  REMOVAL. 


551 


Thursday,] 


Johnson — Banks. 


[July  21. 


dence  which  the  spirit  of  our  institutions  con- 
templates. In  this  sense,  I  am  eminently  a 
"  squatter  sovereignty  "  man.  I  believe  that 
the  Legislature  should  have  no  power,  such  as 
is  contemplated  here,  to  say  who  shall  and  who 
shall  not  exercise  the  functions  and  preroga- 
tives of  local  officers. 

Mr.  JOHNSON.  The  gentleman  from  Hum- 
boldt entirely  misapprehends  the  proposition. 
This  section  does  not  give  to  the  Legislature  the 
power  of  removal.  We  propose  only  to  con- 
fer on  the  Legi.-lature  power  to  pass  a  law,  by 
which  such  officers  may  be  removed.  It  is  to 
be  done  by  general  statute,  by  which  the  au- 
thority will  be  delegated  to  the  local  author- 
ities, or  to  the  Courts.  I  think  it  is  an  as- 
sumption which  the  language  of  the  section 
does  not  justify,  to  say  that  the  Legislature 
may  exercise  the  power  of  removal. 

Mr.  BANKS.  I  have  not  concluded,  but  I 
will  give  way  to  allow  the  gentleman  from 
Ormsby  to  state  his  case,  and  then  I  will  pro- 
ceed. 

Mr.  JOHNSON.  We  all  understand  the  in- 
hil)itory  features  which  we  have  adopted.  We 
have  required,  for  the  enactment  of  any  law, 
the  votes  of  a  majority  of  all  the  members 
elected  to  each  branch  of  the  L"gislature,  and 
the  approval  of  the  Executive  :  or,  if  such 
approval  is  not  obtained,  then  a  vote  of  two- 
thirds  of  all  the  members  elected  to  each 
branch  is  necessary,  in  order  that  a  bill  may 
become  a  law.  I  think  that  would  be  a  pretty 
effectual  guard  and  vindication  of  the  gentle- 
man's doctrine  of  "  squatter  sovereignty."  Now 
the  people,  through  their  representatives,  should 
be  heard  in  vindication  of  those  matters  which 
they  may  regard  as  necessary  or  desirable  to  be 
enacted  into  laws,  and  we  have  already  care- 
fully provided  against  hasty,  ill-considered  leg- 
islation. I  do  not  believe  that  any  of  the  evils, 
which  the  gentleman  from  Humboldt  suggests, 
can  properly  be  anticipated  from  the  adoption 
of  this  provision  ;  but  I  do  conceive  that  with- 
out it,  evils  may  grow  up,  which  we  shall 
have  no  power  to  correct.  Tliere  will  be  no  au- 
thority by  which  those  officers  can  be  reached, 
save  by  moans  of  impeachment.  Now,  ac- 
cording to  the  present  programme,  the  Legis- 
lature is  to  meet  every  y^ar.  for  the  first  two 
years,  and  thereafter  biennially  ;  but  the  ten- 
ure of  office  of  those  to  which  this  section  is 
designed  to  apply,  will  probably  be  only  one 
or  two  years,  and  that  period  will,  in  many 
cases,  expire  before  any  possible  corrective 
measures  could  be  employed.  What  would  be 
the  consequence?  Why,  they  may  act  as  they 
will  until  their  term  expires,  bidding  defiance 
to  the  people  who  have  elevated  them  to  official 
positions.  Now  I  want  to  lodge  this  power  of 
removal  somewhere.  If  the  gentleman  from 
Humboldt  can  devise  a  system  or  plan,  which 
will  be  any  better  calculated  to  meet  the  case, 
I  have  no  objection.  If  the  gentleman  pro- 
poses that  we  shall  resolve  ourselves  into  a 
Legislature,  and  pass  a  law  declaring  who  shall 


be  clothed  with  this  power,  and  in  what  cases 
they  shall  exercise  it,  possibly  I  might  even 
then  agree  with  him,  if  the  system  were  prac- 
tically a  more  commendable  one  than  is  al- 
ready proposed.  But  still,  I  must  insist  that 
in  these  minor  matters,  I  do  not  think  we  can 
properly  define  all  the  particular  features 
which  should  be  adopted. 

The  other  gentleman  from  Humboldt  (Mr. 
Dunne)  says,  that  by  this  article  we  make  the 
State  officers  more  permanent  than  we  do  the 
judiciary.  Now  the  way  in  which  I  discrimi- 
nate in  that  respect  is  this:  the  judges,  on  ac- 
count of  the  important  positions  which  they 
occupy,  exercise  a  wider  influence — a  power 
which  the  combined  elements  of  the  execu- 
tive department  could  not  possibly  possess. 
The  judges,  on  account  of  their  positions,  hold 
in  their  hands,  as  it  were,  the  lives  and  fortunes 
of  individuals,  and  it  is  necessary,  I  conceive, 
that  there  should  be  implanted  somewhere,  an 
authority  and  controlling  influence  which  shall 
compel  a  proper  performance  of  duty.  That  is 
much  more  necessary,  I  hold,  in  regard  to  the 
judiciary  than  in  respect  to  the  State  officers. 

Now.  sir,  I  would  be  willing  to  take  a  step 
in  advance  even  of  what  the  gentleman  from 
Plumboldt  may  propose  in  regard  to  the  re- 
moval of  State  officers.  The  gentleman  is  op- 
posed. I  understand,  to  any  exercise  of  this 
power.  I  know  it  is  not  practically  presented  in 
the  article  before  us,  and  perhaps  not  legiti- 
mately before  the  Convention  for  discussion 
now  ;  but  I  will  say  that  in  regard  to  ihe  subor- 
dinate branches  of  the  executive  department,  I 
am  willing  that  the  power  should  be  lodged 
somewhere,  possibly  with  the  executive,  to  re- 
move incumbents  from  office,  or  at  least  to 
suspend  them,  pending  the  investigation  of  any 
charges  that  may  be  made.  I  have  known  of 
instances  in  which  the  interests  of  the  State 
would  be  greatly  promoted  by  the  exercise  of 
such  a  power.  But  this  matter  does  not  prop- 
erly arise  here  for  discussion,  and  I  understand 
the  subject  relating  to  the  tenure  of  the  State 
officers  is  only  urged  here  as  an  objection 
against  this  judicial  feature  of  the  article.  I 
do  not  think  it  is  a  fair  mode  of  discussing  that 
judicial  feature.  When  it  properly  comes  up, 
upon  the  presentation  of  proper  amendments  to 
that  particular  clause,  the  gentleman  from 
Humboldt  may  possibly  find  me,  and  others, 
cooperating  with  him  in  regard  to  it. 

But  I  do  conceive,  judging  from  numerous 
precedents  that  have  been  attbrded  us  in  the  his- 
tory of  other  States,  that  this  provision  in  rela- 
tion to  the  removal  of  judicial  officers,  is  wise 
and  judicious.  I  have  had,  since  this  discus- 
sion commenced,  an  opportunity  to  give  only 
a  limited  examination,  but  I  Hud  that  where- 
ever  this  feature  has  been  adopted  in  other 
States,  they  have  gone  considerably  in  advance 
of  what  we  propose.  The  provision  in  the 
New  York  Constitution  I  have  already  adverted 
to,  and  I  would  also  cite  the  gentleman  from 
Humboldt  to    the    amended    Constitution    of 


55: 


IMPEACHMENT  AND  REMOVAL. 


[16th  day". 


Thursday,] 


Ddxne — Johnson — Brosxan — Nourse. 


[July  21. 


Peansylvaaia,  especially  in  respect  to  its  judi- 
cial features.  In  Massachusetts,  the  Goveruor, 
upou  the  recomraeudatioii  of  either  a  majority 
or  two-thirds— a  majority  I  thiati — of  the  Leg- 
islature, may  remove  any  judicial  officer.  In 
Ohio  they  have  gone  quite  as  far,  certainly,  and 
I  believe  farther  than  we  propose,  in  this  re- 
spect. In  the  State  of  Indiana  they  have  not 
laid  down  the  particular  mode  of  proceeding 
which  we  propose  to  adopt,  but  simply  provide 
for  removal  by  law. 

Mr.  DUNNE.  If  this  concluding  section  is 
to  stand,  I  would  inquire  what  is  the  reason  for 
retaining  the  provision  in  regard  to  the  im- 
peaching of  judges? 

Mr.  JOHNSON.  It  is  this  :  An  offense  which 
calls  for  impeachment  is  regarded  as  a  crime  of  a 
more  serious  character  than  that  which  would 
simply  demand  removal.  The  judgment  in  a 
case  of  impeachment  extends  not  only  to  re- 
moval, but  also  places  a  stigma  upon  the  party, 
by  reason  of  which  he  is  debarred  from  ever 
holding  any  office  of  trust  or  profit  in  the 
State.  Impeachment  may  go  as  far  as  that,  but 
in  the  matter  of  removal  there  is  no  punish- 
ment beyond.  The  party  is  simply  removed, 
but  the  people  may,  if  they  will,  at  any  time 
thereafter,  re-invest  him  with  the  emoluments 
and  honors  of  the  station  from  which  he  has 
been  removed.  That  is  the  distinction.  And 
because  impeachment  may  entail  a  penalty  of 
such  extreme  character,  it  has  b  'en  found  a  most 
diffiult  matter  to  remuve  by  impeachment  any 
judicial  or  other  officer,  even  in  the  most  fl..- 
grant  of  cases. 

But  I  was  speaking  of  the  precedents  afforded 
by  the  action  of  other  States  on  the  subject  of 
removal,  and  I  had  referred  to  the  Constitutions 
of  New  York,  Massachusetts.  Pennsylvania, 
Ohio,  and  Indiana.  In  the  present  Constitu- 
tion of  the  State  of  Indiana,  there  is  not  pro- 
vided any  specific  mode  of  removal,  but  the 
power  is  lodged  in  the  Legislature,  to  pass  a 
law  covering  the  case.  The  language  of  the 
section  is  this  : 

"All  state,  county,  town-sliip,  and  town  officers  may 
be  impeacliecl  or  removed  from  office  in  such  manner 
as  may  be  x^rescribed  by  law." 

This,  it  will  be  observed,  is  far  in  advance  of 
anything  we  propose.  Any  and  all  officers 
may  Ije  removed  from  office,  simply  by  force  of 
a  law  to  be  enacted,  and  such  law  would  not 
require  th(!  votes  of  two-thirds  of  the  members 
elected  to  both  brandies  of  the  Legislature.  In 
the  State  of  Illinois,  too,  they  have  gone  quite 
as  far  as  we  projiose.  My  inquiries  have  not 
extended  further  tiian  the  .States  I  have  immed, 
but  I  have  no  doubt  that  if  I  had  time  to  peruse 
tiie  Constitutions  of  other  States,  especially  of 
those  whicli  during  the  last  fifteen  years  have 
adopted  new  Constitutions,  or  adopted  amend- 
ments, T  should  find  that  provisions  of  a  char- ' 
actd-  similar  to  what  we  propose  have  been 
incoroorati'd  in  tiie  Constitutions  of  those 
States,  or  in  most  of  them,  at  least. 

We  do  not  find  so  many  precedents  in  the 


Constitutions  of  the  older  States,  but  the  reason 
is.  that  the  state  of  affairs  at  the  time  their 
Constitutions  were  framed,  was  of  a  very  dif- 
ferent character.  I  regret  to  say,  from  that 
which  has  existed  in  more  recent  years.  In  the 
earlier  days  of  the  Republic,  judges  were  gen- 
erally found  to  be  men  unlike  those  who  in 
later  times  are  unfortunately  aspirants  for 
judicial  honors.  In  later  times,  under  cir- 
cumstances which  we  can  well  appreciate  and 
understand,  men  have  been  found  successful 
aspirants  for  those  positions  who  have  brought 
discredit  and  distrust  upon  the  judicial  ermine. 
The  consequence  has  been,  that  whenever  the 
States  have  come  to  form  new  Constitutions,  or 
amend  old  ones,  they  have  almost  invariably 
adopted  provisions  on  this  suiject  unlike  such 
as  were  supposed  to  be  sufficient  in  the  earlier 
periods  of  the  history  of  our  Government.  For 
these  reasons  I  think  we  are  following  in  the 
lino  of  safe  precedents  when  we  adopt  a  pro- 
vision which  confessedly  does  not  go  as  far  as 
the  Constitutions  of  many  of  the  States,  and 
certainly  is  not  in  advance  of  any  of  the  newer 
States. 

Mr.  BROSNAN.  Inasmuch  as  this  discussion 
has  drawn  out  some  ideas  and  considerations, 
which  to  me,  at  least,  are  new,  I  would  like  to 
make  some  inquiries  of  the  gentleman  from 
Ormsby.  I  should  like  to  know  from  him^ 
referring  now  particularly  to  the  language  used 
in  Section  2 — if  his  idea  be  not  that  all  officers, 
of  every  description,  including  Justices  ot  the 
Peace,  are  referred  to  by  that  section  ? 

Mr.  JOHNSON.     I  think  so. 

Mr.  BROSNAN.  I  would  inquire,  then,  if 
the  gentleman  wants  Justices  of  the  Peace  to 
be  suliject  to  impeachment  by  the  Legislature  ? 

Mr.  JOHNSON.  I  do  not,  and  hence  I  want 
this  last  section  adopted,  whereby  a  law  may 
be  passed  to  effect  a  removal  of  such  officers 
whenever  necessary,  without  resorting  to  im- 
peachment. 

Mr.  NOURSE.  I  propose  to  amend  Section 
2,  when  the  present  amendment  shall  be  dis- 
posed of. 

Mr.  BROSNAN.  If  the  gentleman  will  ex- 
cuse me — I  have  not  yet  concluded — I  would 
inquire  of  the  gentleman  from  Ormsl)y  if  it 
would  not  be  better  to  amend  that  section,  and 
also  Section  4,  in  this  way  :  let  Section  2  pro- 
vide that — 

"  The  Governor  and  other  officers  under  this  State 
Government,  over  the  grade  of  county  officers,  shall 
be  habits  to  impeachment,"  etc. 

Mr.  JOHNSON.  I  have  no  objection  to  that, 
or  anything  that  will  render  specific  the  mean- 
ing of  the  section. 

Mr.  BROSNAN.  And  then  let  Section  4  be 
amended  so  as  to  read  : 

"Provision  shall  be  made  bylaw  for  the  removal 
from  office  of  any  county  or  townishii?  officer,  or  Jus- 
tice of  the  Peace,  for  malfeasance,"  etc. 

Mr.  JOHNSON.     I  think  that  would  do,  per- 
haps— 
Mr.  NOURSE.      Will  the  gentleman  from 


16th  day.] 


IMPEACHMENT  AND  REMOVAL. 


553 


Thursday,] 


Johnson— Brosnaij—Nourse— Banks— Dunne— Wetherill. 


[July  21. 


Ormsby  excuse  me  a  moment,  to  show  him  an 
amendment  which  I  propose  to  offer? 

Mr.  JOHNSON.  (After  examiniag  the  amend- 
ment.) I  was  proceeding  to  remark,  in  regard 
to  the  suggestion  made  by  my  friend  from 
Storey.  (Mr.  Brosnan.)  the  only  ot)jection  I  see 
is  that  the  terms  he  employs  would  not  perhaps 
embrace  the  system  of  District  Judges  which 
we  desire  to  adopt.  They  are  to  be  elected  in 
the  several  counties,  and  may  not  be  considered 
as  State  officers.  I  think  that  objection  is  ob- 
viated by  the  amendment  which  the  gentleman 
from  Washoe  (Mr.  Nourse)  has  just  now  shown 
me. 

Mr.  BROSNAN.  I  had  that  in  my  mind  when 
I  drew  this  amendment,  which  I  have  suggested. 
I  thought  the  District  Judges  would  not  be 
considered  as  State  ofScers,  and  I  have  in- 
serted the  word  "  county  "  so  as  to  provide  for 
them. 

Mr.  JOHNSON.  I  think  the  amendment  pre- 
pared by  the  gentleman  from  \yashoe  meets  the 
case. 

Mr.  NOURSE.  If  the  Convention  will  allow 
me,  I  propose,  after  this  section  is  disposed  of, 
to  amend  Section  2,  so  that  it  shall  provide 
that  all  ••  State  and  judicial  officers,  excupt  jus- 
tices of  the  pt  ace,"  may  be  impeached,  and  so 
on.  I  will  make  the  motion  after  this  question 
is  disposed  of. 

The  CHAIRMAN.  The  question  now  is  on 
the  motion  of  the  gentleman  from  Washoe,  (Mr. 
Nourse,)  to  amend  Section  -t  by  ins  rting  the 
words  '■  other  than  those  hereinbefore  specified.'' 

Mr.  NOURSE.  I  will  modify  it,  and  say 
"previously."  instead  of  -'hereinbefore." 

Mr.  JOHNSON.  Why  not  say  "county  and 
township?"  Suppose  you  insert  those  words 
there? 

Mr.  NOURSE.  Very  well  ;  I  have  no  objec- 
tion, if  it  is  necessary.  Will  the  Secretary 
read  it  affain? 

The  SECRETARY.  The  amendment  is  to 
insert  after  the  word  "  officer "  the  words 
"  other  than  those  in  this  article  previously 
specified,''  so  that  if  amended  the  section  will 
read  : 

Sec.  4.  Provision  shall  be  made  by  law  for  the  re- 
moval from  utiice  of  any  civil  officer,  other  thau  those 
in  this  article  previously  specified,  for  malfeasance  or 
nonfeasance  in  the  iierformauce  of  his  duties. 

Mr.  NOURSE.  I  think  that  is  sufficient,  as  it 
now  reads. 

Mr.  BANKS.  So  far  as  the  merits  of  the 
question  are  concerned,  it  is  not  necessary  to 
discuss  it  further ;  but  if  we  are  to  insert  any 
words  here,  I  hope  they  will  be  such  as  we  all 
understand  the  meaning  of.  It  says  now  that 
provision  shall  be  made  for  the  removal  of  any 
officer  "  other  than  those  in  this  article  pre- 
viously specified."  Now  what  officers  have 
been  previously  specified  ?  "  The  Governor 
and  otlier  civil  officers,"  in  Section  2  ;  and  cer- 
tainly the  judiciary  have  been  specified  by 
name  in  Section  3,  besides  being  included  in 
the  more  comprehensive  term  of  "  civil  officers." 


However,  the  gentleman  from  Washoe  now  says 
to  me.  privately,  that  he  has  an  amendment 
which  he  intends  to  offiir  hereafter,  which  may 
render  it  plainer. 

Mr.  NOURSE.  I  will  read  it  again,  as  the 
gentleman  from  Humboldt  did  not  understand 
it.  If  this  amendment  is  adopted.  I  propose 
then  to  ofler  an  amendment  to  the  second  sec- 
tion, so  that  it  will  read  : 

"  The  Governor,  and  other  State  and  judicial  officers, 
except  justices  of  the  peace,  under  this  State  Govern- 
ment, shall  be  liable  to  impeachment,"  etc. 

Then  we  shall  have  the  third  section,  pro- 
viding for  the  removal  of  judicial  officers  by 
the  two-thirds  vote  of  the  Legislature,  and  then 
Section  4  providing  for  the  removal,  by  statute, 
of  any  officers  "  other  thau  those  in  this  article 
previously  specified."  for  malfeasance,  etc. 

Mr.  BROSNAN.  The  judicial  article,  as  here 
printed,  provides  that  the  Legislature  may 
create  inferior  courts.  Now  in  case  that  is 
done  in  any  city  or  town,  there  might  require 
to  be  an  exception  made  in  this  provision. 

Mr.  JOHNSON.  Will  not  the  use  of  the 
words  '•  except  justices  of  the  peace  "  embrace 
such  inferior  Courts? 

Mr.  BROSNAN.  That  is  a  question,  as  to 
whether  it  would  or  not. 

The  CHAIRMAN.  The  question  is  on  the 
amendment  to  Section  4,  ofitered  by  the  gentle- 
man from  Washoe. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

The  question  was  stated  on  the  amendment 
proposed  by  Mr.  Nourse  to  Section  2,  to  strike 
out  in  the  first  line  the  words  •' civil  officers," 
and  insert  instead  the  words  "  State  and  judicial 
officers,  except  justices  of  the  peace,"  so  that 
the  section  would  read  : 

"  The  Governor,  and  other  State  and  judicial  officers, 
except  justices  of  the  peace,  imder  this  State  Govern- 
ment, shall  be  liable  to  imijeachment  for  misdemeanor 
or  malfeasance  in  office,"  etc. 

Mr.  DUNNE.  I  do  not  see  the  propriety  of 
excepting  justices  of  the  peace  from  the  pro- 
vision as  to  impeachment,  and  at  the  same  time 
leaving  the  recorders  in  little  towns  within  that 
provision. 

Mr.  NOURSE.  Will  the  gentleman  offer  an 
amendment? 

Mr.  DUNNE.    No,  sir. 

Mr.  NOURSE.  It  only  includes  the  State 
officers,  such  as  the  Governor,  Attorney-General, 
Secretary  of  State,  and  so  on,  and  leaves  all 
the  county  officers  out. 

The  question  was  taken  on  the  amendment, 
and  it  was  agreed  to. 

Mr.  WETHERILL.  It  was  not  contemplated, 
I  believe,  that  we  should  have  County  Courts, 
according  to  the  judicial  article  ;  but  here  in 
Section  3,  Judges  of  County  Courts  are  spoken 
of.  I  should  think  it  would  be  better  that  one 
or  the  other  were  stricken  out. 

Mr.  JOHNSON.  It  is  a  part  of  the  pro- 
gramme at  present,  I  believe,  that  we  shall 
have  one  District  Court  in  each  county,  and 


554 


IMPEACHMENT  AND  REMOVAL. 


[16th  day. 


Thni"sday,] 


Brosxan — NouRSE — Johnson — Banks — Kennedy — Dunt^^e. 


[July  21. 


leave  it  for  the  Legislature  to  provide  for 
County  or  other  Courts,  if  deemed  expedient. 
Hence,  the  word  "  county  "  should  be  retained. 

Mr.  BROSXAN.  I  call  attention  to  another 
matter.  It  seems  that  these  officers  are  render- 
ed liable  to  impeachment  "for  misdemeanor  or 
malfeasance  in  office."  I  should  like  to  know 
whether  they  would  not  be  liable  to  impeach- 
ment for  felony? 

Mr.  NOURSE.  It  is  provided  that  they  may 
be  removed  by  law  "  for  malfeasance  or  non- 
feasance." 

Mr.  BROSNAN.  Malfeasance  or  nonfeasance 
in  office  is  a  misdemeanor.  All  oifenses  which 
are  not  punishable  by  imprisonment  are  misde- 
meanors ;  those  that  are  punishable  by  impris- 
onment are  felonies. 

Mr.  JOHNSON.  I  cannot  just  now  think  of 
a  case  where  a  person  would  be  guilty  of  felony 
in  office,  although  he  may  be  guilty  of  a  mis- 
demeanor in  office.  I  do  not  recollect  of  any 
place  where  such  a  term  as  "  felony  in  office  " 
is  used. 

Mr.  BROSNAN.  Suppose  we  say  "  felony, 
malfeasance,  or  nonfeasance  in  office  ?" 

Mr.  JOHNSON.  Then  if  an  officer  is  guilty 
of  felony,  you  would  subject  him  to  impeach- 
ment ? 

Mr.  BROSNAN.    Yes,  sir. 

Mr.  BANKS.  It  seems  to  me  that  would  be 
using  two  words  for  one  thing.  If  they  have 
any  special  meaning,  it  occurs  to  me  that  the 
words  "  malfeasance  and  nonfeasance  "  cover 
the  whole  ground.  Then  we  have  a  provision 
for  mismanagement,  or  doing  things  wrong, 
and  also  for  neglecting  to  do  those  things  which 
are  required  to  be  done.  It  docs  appear  to  me 
that  the  word  •'  misdemeanor  "  is  not  at  all  ap- 
plicable, and  might  be  left  out  without  deduct- 
ing in  the  slightest  degree  from  the  strength  of 
the  sentence. 

The  CHAIRMAN.  There  is  no  question  be- 
fore the  committee.  If  gentlemen  wish  to  de- 
bate they  should  offer  some  amendment,  so  as 
to  7nake  a  (juestion  to  speak  to. 

Mr.  JOHNSON.  With  the  permission  of  the 
committee,  I  wish  to  say,  in  reply  to  the  sug- 
gestion of  the  gentleman  from  Humboldt,  that 
those  words  to  which  he  refers  are  used  in  dif- 
ferent sentences,  as  he  will  observe.  It  seems 
to  me,  that  as  they  are  here  used,  those  terms, 
"malfeasance."  and  "nonfeasance,"  greatly 
differ  in  their  meaning.  Malfeasance  is  the 
improper  doing  of  ads  with  which  a  judicial 
officer  may  l)e  intrusted,  and  that  seems  to  l>e 
regarded  as  a  higher  offense — at  least  that  is 
the  sense  in  which  I  understand  it  here— and 
punishable  with  more  severity  than  nonfeasance, 
or  the  failure  to  perform  some  duty  with  which 
the  officer  may  be  charged — the  one  being  made 
ground  for  impi-achment,  and  the  other  only 
cause  for  removal.  In  the  one  case,  the  wrong 
doing  of  an  officer — corrupt  practice,  if  you 
please  —  may  be  punished  by  impeachment; 
while  in  the  other  case,  the  failure  to  perform 
some  duty  with  which  the  officer  is  charged, 


1  the  punishment  is  removal  only.  If  it  is  the 
I  opinion  of  gentlemen,  however,  that  nonfeas- 
I  ance,  or  failure  in  the  performance  of  duty, 
i  should  be  embraced  or  included  within  the 
i  terms  of  the  second  section  of  the  article, 
j  that  is,  that  it  should  be  made  a  ground-work 
j  of  impeachment  as  well  as  removal,  I  have  no 
I  special  objection. 

j  Mr.  BANKS.  What  is  the  object  of  using  the 
j  word  "  misdemeanor?" 

Mr.  JOHNSON.  I  think  it  is  more  compre- 
hensive and  significant,  implying  more  than  the 
other  word  ;  and  they  certainly  are  not  synony- 
mous in  this  connection.  I  think  there  is  an 
evident  distinction.  The  provision  is  copied 
almost  literally  from  other  Constitutions,  where 
the  expression  is  found  in  the  same  connection. 
The  CHAIRMAN.  If  there  are  no  further 
amendments,  the  Secretary  will  proceed  to  read 
the  next  article. 

Mr.  KENNEDY.  I  move  that  the  committee 
rise  and  report  this  Article  VII  back  to  the 
Convention.  I  am  opposed  to  the  article  as 
amended,  but  I  want  to  get  it  into  Convention, 
where  we  can  vote  on  the  amendments.  I  do 
not  suppose  we  shall  be  deprived  of  that  priv- 
ilege. 

The  CHAIRMAN.  I  understand  the  motion 
is  to  rise  and  recommend  the  passage  of  the 
article. 

Mr.  BANKS.  I  shall  vote  against  the  recom- 
mendation. 

The  question  was  taken,  and,  upon  a  divis- 
ion, the  motion  to  rise  and  report  was  agreed 
to — ayes,  14  ;  noes,  4. 

IN    CONVENTION. 

The  PRESIDENT  having  resumed  the  chair, 

The  CHAIRMx\N  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Article  VII,  entitled  Impeachment  and  Re- 
moval from  Office,  and  had  instructed  him  to 
report  the  same  back  to  the  Convention  with 
certain  aiuendments,  in  which  the  committee 
asked  the  concurrence  of  the  Convention. 

The  PRESIDENT.  The  question  is  on  adopt- 
ing the  report  of  the  Committee  of  the  Whole. 

Mr.  BANKS.  I  am  in  favor  of  adopting  a 
part  of  the  report,  and  opposed  to  the  adoption 
of  other  parts  ;  that  is  to  say,  I  am  in  favor  of 
the  adoption  of  Sections  I  and  2,  and  opposed 
to  the  adoption  of  all  that  follows.  I  there- 
fore hope  that  the  question  will  be  taken  on 
each  of  the  sections  separately. 

Mr.  DUNNE.  As  it  is  now  nearly  time  for 
the  noon  recess,  I  move  that  the  time  be  ex- 
tended ten  minutes. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

The  PRESIDENT.  The  article  will  be  voted 
upon  by  sections,  if  there  is  no  objection.  The 
Secretary  will  read  Section  1,  as  amended. 

The  Secretary  read  as  follows : 

Section  1.  The  Assembly  shall  have  tho  sole  power 
of  iunjoachiiig,  but  a  majority  of  all  the  members 
elected  must  concur  iu  an  impeachment.   All  impeach- 


16th  day.] 


IMPEACHMENT  AND  REMOVAL. 


555 


Thursday,] 


Banks—  Lockwood. 


[July  21. 


ments  shall  be  tried  by  the  Senate,  and  when  sitting 
for  that  iJiirpose,  the  Senators  shall  be  upon  oath  or 
affirmation,  to  do  justice  according  to  law  and  evi- 
dence. The  Chief  jfiistice  of  the  Supreme  Court  shall 
preside  over  the  Senate,  while  sitting  to  trj'  the  Gov- 
ernor on  impeachment.  No  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  the  Sena- 
tors elected. 

The  question  was  taken  on  the  adoption  of 
the  section  as  amended,  and  it  was  agreed  to. 

Section  2  was  read,  as  amended  by  the  Com- 
mittee of  the  Whole,  as  follows  : 

Section  2.  The  Governor  and  other  State  and  judi- 
cial officers,  excex)t  Justices  of  the  Peace,  under  this 
State  Government,  shall  be  liable  to  imijeachment  for 
misdemeanor  or  malfeasance  in  office  ;  but  judgment 
in  such  case  shall  not  extend  further  than  removal 
from  office  and  disquahflcatiou  to  hold  any  office  of 
honor,  jirofit,  or  trust  under  this  State.  The  party, 
whether  convicted  or  acquitted,  shall  nevertheless  be 
liable  to  indictment,  trial,  judgment,  and  punishment, 
according  to  law. 

Mr.  BANKS.  Now,  Mr.  President,  it  will  be 
observed  that  the  amendment  which  was  pro- 
posed to  this  section  by  the  gentleman  from 
Washoe,  (Mr.  Nourse,)  and  which  has  been 
adopted  by  the  Committee  of  the  Whole,  is  an 
essential,  or  at  least  a  very  important  part  of 
the  general  plan  which  the  Committee  of  the 
Whole  saw  fit  to  agree  upon  in  respect  to  im- 
peachments and  removals.  I  am  opposed  to 
that  general  plan,  and  therefore  opposed  to 
the  adoption  of  this  amendment,  and  to  the 
adoption  of  any  amendment  to  any  portion  of 
the  article  which  provides  for  anything  further 
in  the  way  of  impeachment  than  simply  that 
which  was  originally  provided  for  by  Section  2 
of  this  article.  I  do  not  care  about  talking  up 
the  time  of  the  Convention  now  in  regard  to  it, 
as  it  is  time  for  our  noon  adjournment,  and 
therefore  I  move  that  the  Convention  talie  a 
recess  until  two  o'clock. 

The  question  was  taken,  and  on  a  division 
the  motion  was  not  agreed  to — ayes,  10 ;  noes, 
11. 

Mr.  BANKS.  Now  let  us  see  what  we  pro- 
pose to  do  by  this  amendment.  We  propose,  in 
the  first  place,  that  we  will  ignore  the  teach- 
ings of  the  experience  and  the  wisdom  of  the 
grandest  minds  that  have  ever  been  called 
upon  to  consider  the  propositions  involved  in 
this  article.  We  propose  to  place  in  the  hands 
of  the  Legislature  of  this  State  a  power  greater 
than  that  which  the  people  possess.  Sir,  I 
think  we  have  nearly  all  come  to  the  conclu- 
sion that  there  must  be,  or,  at  least,  that  there 
ought  to  be,  stability  in  some  department  of  our 
government.  It  has  been  the  teaching  of  our 
earliest  years — it  has  been  the  belief  of  all  the 
great  statesmen  of  our  country,  that  the  E.xecu- 
tive.  Judicial,  and  Legislative  branches  of  our 
government  should  be  distinct  and  separate. 
Now  there  is  nothing  more  antagonistic  to  that 
teaching  than  the  proposition  which  you  here 
propose  to  incorporate  into  Article  VIII  of  this 
Constitution.  I  think  that  the  teachings  of 
those  great  minds,  and  the  lessons  of  experi- 
ence of  the  past,  are  worthy  of  more  consider- 
ation than  has  been  given  to  this  matter. 


Let  us  inquire  how  in  practice  this  thing  will 
work.  We  are  nearly  or  quite  all  united  in  the 
desire  that  the  judiciary  shall  be  independent — 
that  the  bench  should  be  rendered  wholly 
independent  of  the  excitements  of  political 
elections— and  in  our  neighboring  State  of  Cal- 
ifornia, amendments  have  been  recently  adopted 
by  which  that  end  has  been  at  least  partially 
secured.  For  one,  I  believe  that  there  should 
be  no  election  by  the  people  of  judicial  officers, 
but  that  the  judges  should  be  appointed  in 
some  manner  which  will  secure  conservatism 
upon  the  bench.  I  am  very  sure,  however,  that 
no  such  view  of  the  subject  as  that  would  be 
likely  to  be  adopted  by  the  people  of  this  Ter- 
ritory. I  think,  on  the  contrary,  that  the  gen- 
eral opinion  is,  that  we  should  have  elections 
of  judicial  officers,  but  at  the  same  time  that 
those  officers  should  be  surrounded  by  all  the 
devices  and  arrangements  which  are  calculated 
to  secure  the  ascendency  of  conservative  in- 
fluences. Now  what  is  the  practical  operation 
of  this  matter?  Under  the  plan  here  proposed, 
not  only  your  judicial  officers,  but  all  your 
State  officers,  would  be  practically  under  the 
control  of  the  legislative  power  of  this  State, 
and  the  result  of  that  would  be  that  there  would 
exist  no  real  independence.  There  will  be 
really  no  power,  except  in  the  legislative  de- 
partment of  your  government.  Now  I  do  not 
believe  that  legislators  are  free  from  the  excite- 
ments which  exist  in  the  community.  On  the 
contrary,  I  do  know,  from  past  observation,  and 
in  some  little  degree  from  my  own  experience, 
that  of  all  men  they  are  the  most  likely  to  be 
influenced  by  the  prevailing  excitements  in 
those  communities,  which  they  acknowledge  as 
their  constituencies. 

I  have  not  time,  nor,  if  I  had  time,  have  I 
the  desire  to  occupy  it,  to  say  all  that  might  be 
said  on  this  subject,  for  the  hour  of  adjournment 
is  near  at  hand  ;  but  I  will  say,  that  I  hope  no 
gentleman  will  cast  his  vote  in  favor  of  so  radi- 
cal a  change  as  is  now  proposed,  without  first 
well  considering  the  subject.  By  so  doing,  they 
will  be  departing  from  all  the  teachings  of  the 
statesmanship  of  the  past,  and  violating  nearly 
everything  which  we  have  been  in  the  habit 
of  regarding  as  most  sacred.  I  believe  if  gen- 
tlemen will  but  look  to  the  state  of  affairs 
which  must  almost  inevitably  exist  in  our  com- 
munity in  the  future,  they  will  see  that  there 
are  many  evils  to  be  apprehended  from  the 
adoption  of  this  course  of  policy,  more  than 
could  be  pointed  out  even  in  the  course  of  a 
two  hours'  speech.  I  hope  that  gentlemen  will 
carefully  consider  these  matters  before  they 
undertake  to  make  so  radical  an  innovation. 

Mr.  LOCKWOOD.  I  desire  to  say  a  word  or 
two  in  reply  to  the  gentleman  from  Humboldt. 
He  starts  out  by  saying  that  those  who  favor 
this  proposition  are  about  to  ignore  all  the 
teachings  of  those  who  have  gone  before  us. 
Now  I  am  not  willing  that  this  vote  should  be 
taken,  with  such  an  assertion  as  that  uncontra- 
dicted.    There  has  been  read  here,  I  think  in 


556 


IMPEACHMENT  AND  REMOVAL. 


[16th  da)-. 


Thursday.] 


DuxNE — Frizell — Warwick — Banks. 


[July  21. 


the  presence  and  within  the  hearing  of  the 
gentleman  from  Humboldt,  by  the  advocates  of 
this  amendment,  the  provisions  of  the  Consti- 
tutions of  otlier  States,  showing  that  nearly,  if 
not  quite  all  of  the  States,  which  have  within 
a  recent  period  of  time  revised  their  Constitu- 
tions, have  put  into  those  Constitutions  about 
such  a  provision  as  the  one  we  propose  to  adopt, 
and  that  therefore  we  are  not  only  not  ignoring 
the  wise  teachings  of  past  experience,  but,  on 
the  contrary,  in  this  matter  we  are  talking  les- 
sons of  wisdom  from  those  who  have  gone 
before  us. 

Now.  sir,  I  believe  that  a  judge  is  a  man.  I 
believe,  furthermore,  that  a  great  many  judges 
are  corruptible  men.  I  also  believe  that  there 
is  not  a  Territory  in  this  Uaion  where  the  in- 
centives to  corruption  are  anything  like  as 
numerous  or  as  strong  as  they  are  in  this  Ter- 
ritory. And  I  believe,  sir,  that  we  ought  to 
adopt  this  simple  and  summary  way  of  remedy- 
ing the  evils  which  may  arise  in  consequence  of 
these  facts.  When  we  find  that  we  have  a  judge 
who  is  corrupt — when  we  learn  that  fact  upon 
evidence  which  is  uncontradicted,  and  which  is 
satisfactory  to  a  body  of  men  as  intelligent  as 
is  likely  to  l)e  as-embled  to  constitute  the  Leg- 
islature of  this  State — and  I  trust,  and  have 
confidence  to  believe,  that  no  man  will  ever  be 
convicted,  unless  upon  evidence  so  plain  and 
palpable  as  to  leave  the  matter  ))eyond  a  doubt 
— I  say  thiit  under  such  circumstances.  I  believe 
the  people  ought  to  bo  promptly  relieved  from 
the  sway  and  authority  of  such  a  judge — the 
greatest  nuisance,  and  the  most  damnable  curse 
that  ever  afflicted  a  people. 

I  am  reminded  that  it  requires  a  two-thirds 
vote  to  remove  a  judge  upon  impeachment.  If 
that  is  not  a  sufficient  safeguard  against  any 
possible  act  of  injustice,  what  would  gentlemen 
have?  I  consider,  that  when  the  thing  has  be- 
come so  palpable  that  two-thirds  of  the  Legis- 
lature, after  a  fair  and  impartial  hearing,  are 
conviced  that  a  man  is  corrupt,  it  is  time  to  ap- 
ply the  remedy.  I  ask  if  justice  to  those  whom 
he  has  been  elected  to  represent,  upon  the  par- 
ticular sal>jects  witli  which  his  office  is  connect- 
ed— if  justice  to  those  whose  property,  interest, 
pro.«perity,  life,  and  everything  else  is  at  stake, 
does  not  demand  that  in  such  a  case  the  rem- 
edy shall  Ije  promptly  applied,  and  they  be  re- 
lieved from — I  will  not  say  a  nuisance,  but  a 
cur.se — an  actual  curse,  hanging  like  an  incubus 
over  their  prosperity,  and  over  their  liberties 
and  lives. 

_  Mr.  DUNNE.  I  only  want  to  call  the  atten- 
tion of  members  to  this  fact,  that  they  are 
never  going  to  make  a  perfect  system — tliat  it  is 
not  in  the  power  of  human  nature  to  produce 
perfect  works.  And  while  gentlemen  are  en- 
deavoring in  this  partii'ular  to  improve  and 
perfect  the  judiciary  and  judicial  system,  I  ap- 
prehend that  the  action  they  pi'opose  in  that 
direction  would  tend  to  a  far  greater  extent  to 
ruin  the  systi.'m  in  the  other  direction.  In  ray 
judgment,  this  one  amendment  would  in  itself 


constitute  the  ruin  of  the  whole  judicial  sys- 
tem. 

Mr.  FRIZELL.  Disregarding  any  and  all 
precedents  in  other  States — and  I  hold  that  we 
have  numbers  of  them,  although  we  may  ad- 
mit that  no  stain  of  reproach  ever  rested  upon 
the  judicial  ermine,  perhaps,  in  the  States  of 
Pennsylvania,  New  York,  Ohio,  and  Illinois — 
yet,  I  say,  disregarding  all  these  precedents, 
we  do  surely  need  to  apply  radical  remedies  in 
this  State.  Supposing  that  we  had  not  a  single 
precedent,  yet  I  hold  that  in  this  State  our  sit- 
uation and  our  wants  are  peculiar,  and  we 
need  to  make  provision  in  our  Con.stitution  to 
correspond  with  our  peculiar  circumstances. 

Mr.  WARWICK.  I  rise  to  a  point  of  order  ; 
that  the  hour  of  recess  has  arrived  and  passed. 

The  PRESIDENT.  The  point  of  order  is 
well  taken,  and  the  Convention  is  at  recess. 

Accordingly,  at  ten  minutes  after  twelve 
o'clock,  the  Convention  took  a  recess  until  two 
o'clock,  P.  M. 


AFTERNOON  SESSION. 

The  Convention  reassemljled  at  two  o'clock, 
P.  M.,  and  was  called  to  order  by  the  Presi- 
dent. 

IMPEACHMENT  AN'D  REMOVAL. 

The  PRESIDENT  stated  that  the  question 
pending  was  on  the  adoption  of  the  amendment 
made  in  Committee  of  the  Whole  to  the  article 
entitled  Impeachment  and  Removal  from  Office, 
Section  2  of  that  article  being  immediately  un- 
der consideration. 

[Mr.  Ckosman  in  the  chair.] 

The  question  was  stated  on  the  adoption  of 
Section  2  as  amended  by  the  Committee  of  the 
Whole,  and  the  section  was  read  as  amended, 
as  follows  : 

Sec.  2.  The  Governor  and  other  State  and  judicial 
officers,  exceiDt  Justices  of  the  Peace,  under  this  State 
Government,  shall  be  liable  to  impeachment  for  mis- 
demeanor or  malfeasance  in  office  ;  but  judgment  in 
such  case  shall  not  extend  further  than  removal  from 
office  and  disqualification  to  hold  any  office  of  honor, 
profit,  or  trust  under  this  State  Goverumeut.  The 
party,  whether  convicted  or  acquitted,  shall  neverthe- 
less be  liable  to  indictment,  trial,  judgment,  and  pun- 
ishment, according  to  law. 

Mr.  BANKS.  There  were  some  things  I  in- 
tended to  say,  while  I  was  on  the  floor  before 
the  recess,  which  I  did  not  express  on  account 
of  the  obvious  want  of  time,  and  I  do  not  de- 
sin;  now  to  protract  the  debate  unuecessarily. 
In  conclusion  of  what  I  was  then  saying,  I  will 
state  that  this  would  ))e  just  the  result,  that  at 
every  election  men  who  are  running  for  the 
Legislature  will  be  questioned,  either  privately 
or  publicly,  as  to  their  views  in  regard  to  the 
judiciary.  In  other  words,  the  Legislature 
will  become  a  judicial  as  well  as  a  legis- 
lative ))ody  ;  for  men  will  be  selected  to  be 
sent  to  the  Legislature  with  reference  to  their 
views  upon  certain  judicial  decisions.  Not 
merely  questions  of  State  policy,  but  questions 


16th  day.] 


IMPEACHMENT  AND  REMOVAL. 


557 


Thursday,] 


Warwick — Brosnan— Johnson — DeLong. 


[July  21. 


which  ought  to  be  determined  alone  by  the 
courts  after  judicial  investigation,  will  be  in- 
volved in  the  political  caiiv  iss.  Inquiries  will 
be  made  in  regard  to  the  standing  of  gentlemen 
upon  the  one-ledge  theory,  or  some  two-ledge 
theory,  or  some  question  of  riparian  rights  or 
possessory  rights,  it  may  be,  or,  to  use  language 
which  was  employed  on  another  occasion,  gen- 
tlemen will  be  inquired  of  as  to  the  meaning 
of  '•  chattels  real  "  or  "  real  chattels,"  or  some- 
thing of  that  kind.  Such  will  be  the  character 
of  the  questions  involved  every  year  in  the 
elections  of  members  of  the  Legislature,  and  I 
contend  that  they  are  not  legitimate  or  proper, 
for  the  reason  that  by  thus  questioning  the 
candidates,  and  voting  for  or  against  them  with 
reference  to  their  standing  upon  such  issues, 
we  shall  be  making  the  tribunal  elected  to  en- 
act the  laws,  also  the  tribunal  by  which  the 
statutes  and  the  Constitution  are  to  be  judicial- 
ly construed  and  determined.  If  we  adopt  in 
our  Constitution  a  provision  of  the  nature  pro- 
posed, I  conceive  that  the  most  appropriate  de- 
vice for  our  State  Seal  would  be  a  representa- 
tion of  Justice  as  a  prominent  figure,  either 
sitting  or  standing,  with  a  bandage  over  her 
eyes,  but  the  bandage  raised  with  one  finger, 
and  Justice  peeping  around  at  the  Legislature. 
[Laughter.]  That,  it  seems  to  me,  would  be 
the  most  appropriate  device,  for  the  plainest 
logical  deductions,  drawn  from  a  knowledge  of 
human  nature,  will  lead  to  the  inevitable  con- 
clusion that  under  such  a  system  the  Judges  of 
our  Supreme  Court  would  be  forced  to  defer  to 
the  wishes  of  the  Legislature  from  year  to  year, 
and  to  the  prevailing  opinion  of  the  community 
as  it  may  be  nf  anifested  from  time  to  time,  upon 
any  particular  question.  There  will  be  no  such 
thing  as  judicial  independence,  but  on  the  con- 
trary there  will  be  inaugurated  a  state  of  things, 
under  our  present  circumstances,  (and  doubtless 
to  continue  for  a  long  time  to  come,)  but  little 
removed  from  pure  Red  Republican  Democracy 
— little  less  than  anarchy.  Every  man  having 
an  end  to  attain  will  be  likely  to  secure  his  own 
elevation,  or  tluit  of  some  tool  of  his,  to  the 
Legislature,  for  the  purpose  of  exercising  a  most 
dangerous  power  over  the  administration  of  jus- 
tice. Men  of  strong,  vigorous  intellects  will  be 
sent  to  the  Legislature,  and,  acting  upon  the 
prejudices  excited  by  violent  articles  in  the  pub- 
lic press,  they  will  propose  resolutions  expelling 
judges  from  the  bench,  and  thus  a  system  of  ter- 
rorism will  be  established  over  our  judiciary, 
controlling  them  by  the  power  of  threats,  so 
that  they  cannot,  if  they  would,  act  independ- 
ently. I  should  deprecate  the  existence  of  any 
such  condition  of  affairs.  I  know  that  gentle- 
men refer  us  to  the  bad  state  of  things  now  ex- 
isting in  our  Territory  ;  I  know  that  they  tell 
us  there  are  are  well-grounded  opinions  relative 
to  the  corruptibility  of  our  courts,  and  I  believe 
that  is  really  a  very  great  evil.  I  do  not  believe 
it  is  as  great  an  evil,  however,  as  it  is  said  to 
be,  or  that  the  corruption  is  so  wholesale  as  the 
language  of  gentlemen  would  imply,  but  I  am 


willing  to  admit,  for  the  sake  of  the  argument, 
that  there  have  been  men  on  the  Supreme  Bench 
of  this  Territory  who  were  not  what  they  should 
be,  either  in  point  of  morals  or  ability,  for  the 
discharge  of  the  duties  of  that  position.  All 
that  I  am  willing  to  concede  ;  but  nevertheless, 
I  ask,  shall  we  adopt  as  a  permanent  system, 
one  involving  so  much  of  danger  as  does  the 
proposition  which  is  now  before  us  for  consid- 
eration, and  which  I  greatly  fear  is  supported, 
conscientiously  and  candidly  I  have  no  doubt, 
by  a  large  majority  of  the  members  of  this  body. 

Mr.  WARWICK.  I  know,  sir,  that  it  is  natu- 
ral for  men  to  shrink  from  an  experiment  the 
results  of  which  are  entirely  problematical  ; 
but.  after  listening  to  the  arguments,  pro  and 
con,  I  fail  to  perceive  the  dangers  to  which  the 
gentleman  from  Humboldt  alludes,  and  I  am 
only  astonished  that  he  should  have  advanced 
the  idea  that  we  can  with  any  degree  of  propri- 
ety place  upon  our  great  seal  of  State  a  stand- 
ing figure  of  Justice,  with  one  hand  applied  to 
a  bandage  over  her  eyes,  signifying  jwlitically 
that  justice  is  '•  all  in  my  eye.''     [Laughter.] 

Mr.  BROSNAN.  I  hope  the  gentleman  does 
not  mean  any  personal  reflection  upon  the  Com- 
mittee on  State  Seal.     [Merriment,] 

Mr.  WARWICK.  In  order  to  show  that  I  in- 
tended no  allusion  to  the  gentleman,  I  will  re- 
mind him  that  my  friend  from  Humboldt  re- 
ferred to  a  sitting  figure,  while  I  distinctly  said 
that  my  figure  was  standing.  That  "  lets  the 
gentleman  out." 

Mr.  JOHNSON.  Does  the  gentleman  mean 
to  keep  Justice  standing  all  the  time? 

The  PRESIDENT  pro  tern.  Gentlemen  will 
please  preserve  order,  and  not  interrupt  the  gen- 
tleman from  Lander. 

Mr.  WARWICK.  Now,  sir,  I  do  not  imagine 
that  the  attention  of  those  we  send  to  the  Leg- 
islature will  be  exclusively  drawn  to  the  judi- 
ciary, or  any  more  to  that  than  it  will  be  to  oth- 
er subjects.  If  that  were  the  sole  question  to 
come  under  their  consideration,  then  there  might 
be  a  chance  of  the  evils  arising  which  have  been 
foreshadowed  Ijy  the  gentleman  from  Humboldt. 
But  there  are  other  important  matters  for  their 
consideration,  and  it  is  impossible  that  a  Legis- 
lature could  be  selected  simply  and  solely  with 
regard  to  how  members  stand  on  any  (|uestion 
connected  with  the  judiciary.  There  may  be 
far  more  grievous  evils  to  redress  than  those 
under  which  the  community  is  now  suffering, 
from  the  clogging  of  the  wheels  of  justice,  and 
the  want  of  that  even  balance  of  the  scales, 
which  every  citizen,  even  the  humblest,  has  a 
right  to  expect.  I  am  in  favor  of  adopting  the 
amended  section. 

Mr.  DeLONGt.  I  am  not  afraid  to  adopt  any- 
thing, merely  for  the  reason  that  it  may  have 
the  character  of  novelty,  although  it  may  be 
an  innovation  upon  all  the  precedents  of  the 
past.  If  I  could  see,  from  the  suggestions  of 
the  friends  of  the  measure,  that  any  good  was 
likely  to  result  from  it,  I  should  not  hesitate 
to  give  it  my  support,  and  it  may  be  that  I  am 


558 


IMPEACHMENT  AND  REMOVAL. 


[16th  day. 


Thursday,] 


DeLong. 


[July  21. 


unfortunate  in  not  having  been  present  before 
to-duy  so  as  to  hear  the  views  advanced  by 
others  in  their  advocacy  of  this  proposition. 
But  from  the  lijihts  before  me,  and  my  experi- 
ence ill  the  past,  I  must  say  that  I  cau  foresee 
no  good  to  result  from  such  an  innovation, 
whife.  on  the  other  hand,  I  think  that  I  can  see 
that  much  of  evil  may  ensue. 

In  the  first  place,  it  strilces  me  that  the  propo- 
sition is  a  blow  aimed  directly  at  a  theory 
which  lies  at  the  very  foundation  of  our  gov- 
ernment ;  I  mean  that  theory  which  proposes 
to  keep  the  three  great  departments  of  the  goy- 
ernmeut  as  independent  of  each  other  as  it  is 
possible  to  make  them,  and  at  the  same  time 
not  allow  either  to  be  so  completely  indepen- 
dent that  it  may  perpetrate  wrong  with  im- 
punity, with  no  power  anywhere  to  remove,  or 
in  any  manner  to  punish  for  the  wrong-doing. 
It  is  that  independence  which,  above  all  other 
things,  attracts  the  admiration  of  all  good  citi- 
zens to  behold— that  independence  which,  in  an 
hour  of  trial,  at  a  period  of  time  when  the  pub- 
lic mind  seems  to  have  run  wild  in  its  condemna- 
tion of  some  man.  or  some  particular  measure, 
perhaps,  enables  the  judge  occupying  his  official 
position,  to  stand  as  firm  and  unbending  as  a 
o-ranite  monument,  throwing  around  the  man 
who  may  be  charged  with  crime,  or  the  cause 
which  may  be  prejudged  by  iuterest  or  by  pas- 
sion, all  the  protection  which  the  law  affords, 
and  which  justice  accords  to  that  man  or  that 
measure,  never  yielding  in  the  least  to  the  de- 
mands of  popular  clamor.  Sir,  I  tell  you,  and 
I  tell  this  Convention,  that  in  this  country, 
above  all  others,  our  judiciary  needs  to  be  left 
in  a  position  of  independence — free  from  the 
danger  to  arise  from  the  clamor  of  temporary 
public  excitement— so  that  they  may  discharge 
their  duties  fearlessly  and  impartially,  with 
manly  firmness,  and  liable  only  to  impeach- 
ment by  that  deliberate  and  solemn  mode  which 
is  pointed  out  in  the  Constitutions  of  other 
States. 

There  has  been  since  the  inauguration  of  the 
judiciary  in  this  Territory,  a  series  of  the  most 
damnable  "  raids,"  if  I  may  be  permitted  to 
use  that  expression,  concocted  and  carried  on 
against  the  judiciary,  and  against  every  man 
■who  has  occupied  official  judicial  position  in 
this  Territory.  Not  a  man  has  been  so  unfor- 
tunate as  to  occupy  a  seat  upon  the  bench  of 
Nevada  Territory,  but  has  been  charged  with 
corruption  and  wrong-doing,  in  one  way  or 
another.  And  why?  There  are  a  good  many 
reasons  which  might  be  assigned.  In  the  first 
place,  there  are  many  bad,  unprincipled  men 
ijpre — men  who  have  come  here  with  the  design 
of  snatching  a  fortune  by  some  means,  and  then 
leaving  the  Territory ;  and  when  such  men 
have  seen  the  coveted  fortune  within  their  im- 
mediate grasp,  and  tlien  failed  to  obtain  it,  be- 
cause they  had  no  riglit  to  it,  they  have  turned 
around,  and  out  of  revenge  have  endeavored  to 
blast  the  character  of  the  judges  by  whose  de- 
cisions their  designs  have  been  thwarted.  There 


are  also  other  reasons  for  such  a  state  of  things. 
Good  men  are  often  divided  in  their  interests 
and  their  opinions,  upon  questions  which  the 
judiciary  are  called  upon  to  settle  ;  and  it  is 
almost  impossible  to  convince  a  man  of  that 
class,  in  this  Territory,  who  has  lost  a  case  in 
Court  upon  a  question  on  which  he,  like  other 
citizens,  has  formed  and  cherished  the  most  de- 
cided opinions  as  to  what  are  the  real  merits 
involved  in  the  issue,  that  the  judge  who  has 
decided  against  his  views,  is  anything  but  cor- 
rupt and  unworthy.  Such  men  think  that  the 
whole  world  should  view  everything  through 
their  eyes,  and  they  are  not  disposed  to  charity 
in  regard  to  any  man  who  may  differ  with  them. 
Mining  suits  are  commenced  or  conducted  by 
learned  counsel,  surrounded  all  the  time  by 
men  who  are  intereste.l  and  engaged  in  pre- 
paring it,  and  during  its  progress  of  prepara- 
tion, for  six  months  or  a  year,  they  see  only 
their  own  side  of  the  case.  Being  wholly  ab- 
sorbed in  that,  they  never  get  a  glimpse  of  the 
other  side.  Go  to  one  of  them  in  such  a  case, 
and  you  will  find  him  perfectly  sanguine — ^not 
a  doubt  in  the  world  that  he  is  going  to  win, 
there  appears  to  be  such  an  abundance  of  proof, 
and  such  a  clear  case.  Not  looking  at  the  case 
at  all  from  the  stand-point  of  the  other  side, 
they  are  perfectly  surprised  and  astounded  by 
a  judgment  against  them,  although  the  other 
side,  with  their  view  of  the  case,  would  perhaps 
have  been  equally  surprised  by  a  judgment  the 
other  way.  What  is  the  consequence?  Why, 
that  not  one  case  in  a  hundred  of  this  class  is 
decided,  but  the  party  defeated  comes  right  out 
and  charges  the  judge  with  corruption.  That 
is  almost  inevitably  the  case.  Sir,  1  have  come 
at  last  to  regard  the  complaints  of  these  parties 
as  scarcely  worthy  an  instant's  attention,  and 
much  less  would  I  allow  them  to  shape  our  in- 
stitutions, in  a  matter  of  such  vast  moment  as 
the  judicial  system  of  the  State. 

I  know  that  preparations  are  going  on  to  ar- 
ray a  party  against  certain  decisions  of  the 
courts  affecting  the  mining  interests,  and  pub- 
lic meetings  are  to  be  called  to  ascertain  how 
many  are  in  favor  of  one  theory  or  another ;  and 
the  decisions  of  the  judges,  one  way  or  another, 
are  to  be  discussed  in  public  meetings,  as  they 
are  in  the  public  prints.  What  is  the  object? 
It  is  simply  to  show  the  opposite  side,  and  the 
judge  who  might  possibly  be  inclined  to  decide 
in  their  favor,  that  if  they  do  so  they  are  in 
danger  of  public  condemnation — that  they  can- 
not decide  in  a  particular  way  without  great 
danger,  because  the  voice  of  tlie  community  is 
the  other  way.  Now  I  do  not  charge  these  peo- 
ple who  are  engaged  iu  getting  up  such  public 
demonstrations  with  doing  wrong,  for  it  is  the 
right  of  the  people  at  all  times  to  assemble  to- 
gether and  di.scuss  questions  of  pul^lic  interest. 
1  admit  that  such  is  their  undoulfted  right,  but 
I  refer  to  this  matter  merely  as  an  instance  in 
point,  as  an  illustration,  to  show  the  great  dan- 
ger of  leaving  the  judiciary,  above  all  other 
departments  of  the  government,  in  a  condition 


16th  day.] 


IMPEACHMENT  AND  REMOVAL. 


559 


Thursday,] 


DeLong — Collins. 


[July  21 


to  be  swayed  by  every  temporary  popular  ex- 
citement, instead  of  by  their  own  convictioas 
of  right. 

It  is  different  with  the  Legislature,  coming 
fresh  from  the  people  every  two  years.  I  know 
it  has  passed  into  a  fashionable  custom  through- 
out the  Unitt'd  States,  and  in  every  State  in  the 
Union,  for  the  people  to  charge  the  Congress 
of  the  United  States,  and  their  several  State 
Legislatures,  with  corruption  and  dishonesty. 
It  is  fashionable  everywhere  in  this  country  to 
accuse  the  great  mass  of  legislators  of  being 
corrupt.  It  has  been  my  pleasure  to  be  for  four 
years  a  member  of  the  Legislature  of  a  sister 
State,  and  I  know  tliat  it  became  so  common  to 
speak  of  passing  '-thieving  bills,"  and  of  buy- 
ing .up  the  votes  of  members,  that  it  was  not 
regarded  as  an  insult,  even,  when  referred  to  in 
the  presence  of  members  of  that  legislative 
body.  The  thing  became  so  customary  that  it 
ceased  to  attract  attention,  no  matter  how 
broadly  the  assertion  might  be  made.  1  do 
not,  for  myself,  believe  there  is  generally  good 
ground  for  such  sweeping  charges  agaiust  leg- 
islative bodies,  but  although  the  fashion  of  mak- 
ing them  is  undoubtedly  fraught  with  evil,  yet 
they  are  charges  which  do  not  strike  so  deep, 
as  when  men  come  to  attack  the  character  of 
the  judiciary,  by  charging  the  judges  on  the 
bencii  with  corruption.  The  people  are  content 
as  to  the  Legislature,  because  they  know  that 
if  they  pass  laws  that  are  wrong  they  have  their 
remedy  in  reserve,  by  an  appeal  to  the  courts. 
They  have  a  right  to  go  to  the  courts,  and,  if 
error  has  been  committed  in  the  passage  of  any 
law,  they  can  there  lind  relief.  But  carry  these 
popular  denunciations  a  step  further,  and  im- 
press upon  the  people  the  idea  that  not  only  the 
Legislature,  but  the  Judiciary  also,  are  corrupt, 
and  that  moment  you  instil  into  the  public  mind 
a  contempt  for  all  law,  and  a  strong  ten- 
dency to  anarchy  —  an  end  which  bad  men 
among  lis  may  desire,  and  perhaps  hope  to 
accomplish. 

I  tell  you,  sir,  that  we  cannot  be  too  careful 
to  preserve  the  public  respect  for  the  judiciary, 
and  hence  it  would  be  dangerous  to  attempt 
this  proposed  innovation,  especially  now  and 
here,  where  the  community  is  made  up  of  men 
who  have  met  together  from  every  land,  for 
the  most  part  strangers  to  each  other,  not  know- 
ing who  is  to  be  trusted,  where  interests  involv- 
ing millions  are  often  to  be  decided  in  a  single 
case,  and  where  consequently  the  passions  of 
men  are  more  inflamed,  and  hence  the  hazards 
of  the  State  are  greater.  I  maintain  that  our 
safety  lies  in  preserving  the  public  respect  for 
the  judiciary,  and  I  hope  to  see  the  time  when 
it  will  not  do  for  public  journals  of  any  class, 
or  in  any  quarter,  to  brnit  a  rumor  against  a 
man  holding  judicial  position,  until  the  facts 
can  be  shown  as  the  foundation  of  the  rumor, 
until  the  specifications  can  be  made  public  in 
connection  with  the  charge,  so  that  the  man  ac- 
cused may  know  what  he  has  to  reply  to.  AVhy, 
sir,  to-day  the  papers  are  teeming  with  charges 


against  one  whom  I  believe  to  be  as  high- 
minded  and  incorruptible  as  any  man  in  our 
communitj,  and  as  high  above  his  accusers  as 
the  sun  is  above  the  earth  ;  and  yet,  though 
you  may  answer  and  deny  these  charges,  you 
call  in  vain  upon  the  papers  uttering  them,  and 
their  correspondents,  to  specify  the  basis  of  a 
single  charge,  or  to  name  any  particular  in- 
stance in  which  he  has  been  corrupt  or  has 
done  wrong,  in  order  that  it  may  be  answered. 
The  paper  and  the  correspondent  are  silenced 
by  such  demands,  but  yet  only  a  few  days  will 
elapse  before  the  stream  of' invective  breaks 
forth  again  from  a  new  source,  and  again  chal- 
lenges reply ;  and  so  the  thing  goes  on,  until 
the  man  assailed,  and  his  friends,  are  sick  and 
tired  of  noticing  it. 

I  hope  that  at  this  time,  when  we  are  suffer- 
ing under  so  many  evils,  we  shall  not  so  far 
lose  sight  of  our  duty  as  to  place  the  judi- 
ciary within  the  power  of  public  opinion,  so 
that  men  filling  responsible  and  honorable 
judicial  positions  will  be  compelled  to  forget 
the  cause  of  the  culprit  at  the  bar,  or  of  the 
party  who  happens  to  be  engaged  in  the  de- 
fense of  an  unpopular  issue,  and  yield  to  pub- 
lic clamor  in  order  to  save  their  judicial  ermine. 
I  hope  we  shall  not  place  our  judges  in  a 
position  where  they  will  be  forced  to  mete  out 
what  the  popular  party  calls  for,  right  or  wrong. 
It  is  because  I  am  afraid  this  innovation  would 
have  that  eftect,  that  I  think  it  is  dangerous, 
and  I  cannot  see  that,  on  the  other  hand,  there 
is  any  compensation  by  securing  an  uncertain 
good.  I  ask  that  the  amendment  may  be  de- 
feated, believing,  as  I  do,  that  it  will  "be  most 
mischievous  in  its  consequences. 

Mr.  COLLINS.  I  look  upon  this  amendment 
as  anything  but  mischievous  in  its  tendency,  and 
to  omit  the  insertion  of  something  of  this  kind 
in  our  Constitution,  would  be,  it  seems  to  me, 
almost  an  innovation  upon  the  general  usages 
and  customs  of  the  several  States  in  this  Union. 
My  friend,  the  gentleman  from  Storey,  (Mr.  De- 
Long,)  says,  as  I  understand  him,  that  during 
his  membership  of  the  California  Legislature, 
almost  every  bill  that  was  passed,  the  charge 
of  corruption  was  bruited  about ;  but  I  ask  the 
gentleman,  how  much  of  value  was  attached 
to  charges  and  declarations  of  that  kind  ?  AVhy, 
sir,  they  have  no  value  at  all ;  and  it  is  not  to 
be  presumed  that  this  nervousness  and  irrita- 
bility, to  which  he  has  referred,  occasioned  by 
judgments  pronounced  on  the  bench  against 
certain  parties,  will  have  any  influence  over 
the  public  mind  generally,  and  certainly  not 
over  a  legislative  body.  1  ask  the  gentleman 
what  influence  statements  of  that  kind,  under 
such  circumstances,  would  have  over  a  body 
like  this  ?  Just  none  at  all ;  and  1  question 
whether,  with  all  the  declarations  that  have 
been  made  against  meml)ers  of  the  judiciary 
of  this  Territory,  it  would  be  possiljle  to  get 
two-thirds  of  any  legislative  body  to  i)ronounce 
against  any  one  of  them.  It  nnist  l)e  a  very 
serious  charge,  indeed,  and  well  sustained  by 


560 


IMPEACHMENT  AND  EEMOVAL. 


[16th  day. 


Thursday.] 


Johnson — DkLong. 


[July  21. 


evidence,  before  impeachment  would  be  given 
bv  the  Legislature. 

'  Jiut  thisprovision  does  not  relate  to  impeach- 
ment :  there  is  another  section  providing  es- 
pecially for  that  subject.  Everybody  knows 
how  ditlicult  it  is  to  secure  the  impeachment  of 
a  judge,  however  guilty  he  may  be.  because 
that  punishuieiit  is  so  extreme  that  men  shud- 
der at  it ;  and  if  there  is  a  possibility  of  raising 
a  doubt  in  relation  to  the  guilt  of  the  party  ac- 
cused, lu'  will  never  be  removed  by  that  pro- 
cess. This  pro])osiiion  contemplates  other  mat- 
ters, and  another  remedy,  and  I  contend  that 
the  people  have  some  rights,  as  well  as  the 
judges  on  the  bench.  It  contemplates,  in  the 
'first  place,  the  case,  for  example,  of  a  man  who 
may  be  in  feeble  healtli,  and  for  that  reason 
unable  to  discharge  the  duties  of  a  judg<>.  He 
may  be  unable  to  appreciate  his  own  condition, 
and  feel  sanguine  as  to  his  speedy  recovery, 
although  all  his  friends  know  that  his  case  is 
hoi)eless.  and  his  remaining  upon  the  bench  is 
an  injury  to  the  community.  And  whenever 
a  case  of  tiiat  kind  is  brought  before  the  Legis- 
lature, without  any  charge  being  made  which 
would  affect  the  moral  standing  ot  the  judge, 
or  the  nnm.  it  is  provided  that  the  Legislature, 
having  in  view  solely  the  interest  of  the  com- 
munity, may  have  the  power  to  remove  him. 
It  is  no  good  reason  why  the  wheels  of  justice 
should  be  blocked,  that  it  is  unpleasant  to 
bring  a  man  before  the  legislative  tribunal, 
who  is  really  unable  to  perform  the  duties  of  a 
judge,  although  he  thinks  he  should  still  be  al- 
lowed to  enjoy  the  salary. 

Again,  a  man  may  untit  himself  for  the  judi- 
cial position  by  his  own  misconduct.  His  in- 
temperate habit*,  his  consorting  with  gamblers, 
perhaps,  or  his  associations  generally,  indepen- 
dent ot  any  judicial  decisions,  may  be  such  as 
to  create  a  strong  prejudice  against  him.  de- 
stroying file  confidence  of  men,  and  rendering 
his  judicial  rr))ut;iti()n  of  no  value.  I  say  it 
wuuld  be  doing  the  State  a  very  great  injustice 
to  allow  such  a  man  to  hold  on  to  his  position, 
and  let  the  public  interests  suffer  without  any 
remedy  for  the  evil.  I  might  go  on,  if  neces- 
sary, and  rehearse  a  dozen  instances  of  similar 
character,  where  the  circumstances  would  not 
be  sucli  as  to  warrant  a  i)rocc('ding  by  impeach- 
ment, and  yet  there  ouglif  to  be  some  remedy, 
sucii  as  is  proposed  in  this  section,  by  which  to 
relieve  the  people  from  the  burden  imposed 
u])on  them. 

Mr.  JfJiINSOX.  I  regret  that  the  gentleman 
fi'Din  Humboldt  (Mr.  Banks)  has  retired,  be- 
cause I  <k'sire  t(t  rejdy  to  some  remarks  which 
he  lias  made.  I  regret  also  tliat  tiie  gentle- 
man from  Storey  (Mr.  DeLoiig)  was  not  pres- 
ent this  morning,  when  this  suliject  was  under 
discussion,  as  tlien  lie  would  iiave  ))een  ad- 
viserl  of  a  fact  of  which  I  apjirehend  from  the 
g(Mieral  tenor  of  his  remarks  he  is  not  at  jires- 
ent  cognizant,  ^\'hen  liie  gentleuian  sjieaks  of 
innovation  in  coniieclioii  witli  tliis  matter.  1  do 
not  entirely  understand  his  meaning  ;  whether 


he  means  to  imply  by  the  word  "  innovation  '" 
that  we  are  proposing  something  here  which  is 
novel  and  untried,  a  feature  which  has  not 
been  adopted  in  the  Constitutions  of  other 
States,  or  whether  he  means  merely  that  it  is 
proposed  to  do  something  which  the  committee 
did  not  contemplate  ;  that  is,  reinstate  some- 
thing in  tlie  article  which  the  committee  deemed 
it  proper  to  strike  out.  and  thei'eby  make  a 
change  in  our  action,  or  pursue  a  course  differ- 
ent from  what  was  contemplated  by  the  com- 
mittee. 

Mr.  DeLONG.  It  is  partially  both.  I  will 
state  that  so  far  as  my  acquaintance  extends  it 
is  an  innovation  upon  the  general  system  pur- 
sued throughout  the  United  States,  although  I 
may  be  in  error  in  that.  My  remarks,  however, 
referred  to  that  point,  and  also  to  the  fact  that 
the  proposition,  after  it  had  received  the  calm 
and  careful  delilieration  of  that  large  portion 
of  this  body  constituting  the  Judiciary  Com- 
mittee, had  failed  to  meet  with  the  approval  of 
that  committee.  It  was  partly  on  that  ground 
that  1  spoke  of  it  as  an  innovation. 

Mr.  JOHNSON.  I  apprehend  that  the  gentle- 
man meant  mainly  to  refer  to  the  action  of  the 
committee,  because  I  am  convinced  that  if  he  had 
investigated  the  subject  himself,  or  had  been 
present  this  morning  when  refercuice  was  made 
to  so  many  States  which  have  adopted  substan- 
tially the  same  provision,  he  would  not  have 
regarded  it  as  in  any  sense  an  innovation  upon 
judicial  systems,  as  found  in  the  Constitutions  of 
other  States.  And  so  far  as  the  action  of  the 
committee  is  concerned,  I  am  sure,  because  I 
fully  appreciate  the  gentleman's  sound  judg- 
ment, that  he  did  not  mean  to  imply  by  his  re- 
marks that  there  would  be  any  impropriety  in 
revei-sing  the  action  of  the  committee,  or  that 
the  opinion  of  the  committee  should  be  in  any 
manner  binding  upon  the  Convention,  or  even 
upon  his  own  action  in  the  Convention. 

Mr.  DeLONG.  1  will  say  tins  :  that  if  I  meet 
with  a  committee  to  deliberate  on  any  subject, 
and  unite  with  the  committee  in  making  a  re- 
port upon  it,  and  thereafter  for  any  reason  my 
views  on  that  subject  change,  I  would  consider 
that  I  had  just  as  much  right,  in  Convention,  to 
go  right  against  the  letter  and  spirit  of  such 
report  as  if  I  were  not  on  the  committee. 

Mr.  JOHNSON.  I  have  no  doubt  of  that. 
If  any  memlier  acts  on  a  committee,  and  unites 
in  making  a  report,  especially  after  the  subject 
has  received  but  limited  investigation,  he  is  not 
necessarily  bound  by  the  action  of  the  com- 
mittee. I  would  not  conclude  so  myself,  cer- 
tainly, unless  under  very  extraordinary  circum- 
stances. 

Then,  as  to  this  other  matter — the  point  made 
by  the  gentleman,  as  I  understand  him,  that 
tliis  proposition  is  a  change  or  innovation  upon 
the  Constitutions  of  otlier  States.  In  my  re- 
marks on  file  sul)ject  this  morning,  I  stated  that 
llie  time  alt'orded.  since  tlie  discussion  arose, 
liad  not  been  sufficient  to  enable  ini;  to  exam- 
ine all  the  State  Constitutions,  with  reference 


16th  day.] 


IMPEACHMENT  AND  REMOVAL. 


561 


Thursday,] 


DeLong — Johnson— Collins. 


[July  21. 


to  this  particular  provision,  and  I  may  further- 
more say,  that  the  time  since  morning  has  not 
sufficed  for  so  thorough  an  examination  as  I 
would  like  to  make,  my  attention  not  having 
been  specially  directed  to  the  subject.  But  here 
I  find  some  additional  references,  which  may 
have  some  bearing  in  the  way  of  precedents,  so 
far  as  they  are  applicable,  for  the  guidance  of  the 
Convention.  I  refer  the  gentleman  from  Storey 
now  more  particularly  to  the  provision  in  the 
Constitution  of  the  State  of  Maine,  Article  IX. 
Section  5. 

"Every  person  holding  au}-  civil  office  under  this 
State  may  be  removed,  by  impeachment,  tor  misde- 
meanor m  office ;  and  every  person  holding  any  office 
may  be  removed  by  the  Governor,  with  the  advice  of 
the  Council,  on  the  address  of  both  branches  of  the 
Legislature.  But  before  such  address  shall  pass  either 
House,  the  causes  of  the  removal  shall  be  stated,  and 
entered  on  the  .iournal  of  the  House  in  which  it  origi- 
nated, and  a  coxsy  thereof  served  on  the  person  in 
office,  that  he  may  be  admitted  to  a  hearing  in  his 
defense. ' ' 

In  the  Constitution  of  Massachusetts,  to  which 
I  referred  this  morning,  we  find  this  provision 
in  Chapter  III,  Article  1  : 

"The  tenure  that  all  commissioned  officers  shall  by 
law  have  in  their  offices,  shall  be  expressed  in  their 
respective  commissions;  all  judicial  officers,  duly  ap- 
pointed, commissioned,  and  sworn,  shall  hold  their 
offices  during  good  behavior,  excepting  such  concern- 
ing whom  there  is  different  i^rovision  made  in  this 
Constitution.  Provided,  nevertheless,  the  Governor, 
with  consent  of  the  Council,  may  remove  them  upon 
the  address  of  both  Houses  of  the  Legislature." 

The  Constitution  of  the  State  of  New  York,  to 
which  I  adverted  at  some  length  this  morning, 
contains  provisions  which  I  then  read,  and 
which  are  not  dissimilar  to  what  we  here  jiro- 
pose. 

Mr.  DeLONG.  Do  you  refer  to  the  revised 
Constitution  of  the  State  of  New  York  ? 

Mr.  .JOHNSON.  I  think  the  Convention  which 
framed  it  met  in  18.)0. 

Mr.  COLLINS.    In  1846. 

Mr.  JOHNSON.  Well,  at  all  events,  it  is  the 
Constitution,  the  provisions  of  which  are  now 
in  force  in  the  State  of  New  York,  and  I  read 
from  Section  11,  of  Article  YI,  of  that  Consti- 
tution : 

"Justices  of  the  Supreme  Court,  and  Judges  of  the 
Court  of  Appeals,  may  be  removed  by  concurrent  reso- 
lution of  both  Houses  of  the  Legislature,  if  trt'o-thirds 
of  all  the  members  elected  to  the  Assembly,  and  a  ma- 
jority of  all  the  members  elected  to  the  Senate,  concur 
therein." 

Here,  it  is  provided  that  the  judges  of  the 
highest  Courts  known  to  the  laws  of  that  State, 
may  be  removed  by  a  simple  resolution  of  the 
Legislature.  In  the  first  two  States  to  which  I 
referred,  Massachusetts  and  Maine,  it  is  pro- 
vided that  removals  may  take  place  upon  peti- 
tions of  the  Legislature^  whilst  in  New  York,  a 
vote  of  two-thirds  of  the  members  of  the  Assem- 
bly, and  a  majority  of  the  Senators,  is  sufficient 
to  accomplish  the  purpose.  Then  the  section 
proceeds : 

"  AU  judicial  officers,  except  those  mentioned  in  this 
section,'  and  except  Justices  of  the  Peace,  and  Judges 
and  Justices  of  inferior  Courts,  not  of  record,  may  be 

A  10 


removed  by  the  Senate  on  the  recommendation  of  the 
Governor ;  but  no  removal  shall  be  made  by  virtue  of 
this  section,  unless  the  cause  thereof  be  entered  on 
the  journals,  nor  unless  the  partv  complained  of  shall 
have  been  served  with  a  copy  of  the  complaint  against 
him,  and  shall  have  had  an  opportunity  of  being  heard 
in  his  defense.  On  the  question  of  removal,  the  ayes 
and  noes  shall  be  entered  on  the  journals." 

Such  are  the  provisions  we  find  contained  in 
the  Constitution  of  the  State  of  New  York. 

Again,  in  the  amendments  to  the  Constitution 
of  Pennsylvania,  adopted  in  18.50,  especially 
referring  to  and  embracing  the  judicial  system, 
I  discover  that  after  fixing  the' tenure  of  oflice 
of  the  several  judges,  of  the  suiierior  as  well  as 
the  mferior  Courts,  for  specified  terms  of  years, 
"if  they  shall  so  long  behave  themselves  well," 
the  following  provision  is  added,  as  applicable 
to  all  the  judges  : 

"  AU  of  whom  shall  be  commissioned  by  the  Gover- 
nor ;  but  for  any  reasonable  cause,  which  shall  not  be 
sufficient  grounds  of  impeachment,  the  Governor  shall 
remove  any  of  them  on  the  address  of  two-thirds  of 
each  branch  of  the  Legislature." 

To  this  clause  I  especially  refer  the  gentle- 
man from  Storey,  (Mr.  DeLong.) 

In  the  Constitution  of  Ohio.  Article  IV,  Sec- 
tion 17,  a  provision  of  this  kind  is  found  : 

"  Judges  may  be  removed  from  office  by  concurrent 
resolution  of  both  Houses  of  the  General  Assembly,  if 
two-thirds  of  the  members  elected  to  each  House  con- 
cur therein  ;  but  no  such  removal  shall  be  made,  ex- 
cept upon  complaint — the  substance  of  which  shall  be 
entered  on  the  journal — nor  until  the  party  charged 
shall  have  had  notice  thereof,  and  an  opportunity  to  be 
heard." 

The  Constitution  of  Indiana  was  alluded 
to  in  the  course  of  this  morning's  debate. 
Whilst  there  is  no  provision  made  in  that  Con- 
stitution with  special  reference  to  the  impeach- 
ment or  removal  of  judges,  yet,  in  Section  8  of 
Article  YI,  a  general  power  is  given  to  the 
Legislature  in  these  words  : 

"All  State,  county,  township,  and  town  officers  may 
be  impeached  or  removed  from  office,  in  such  manner 
as  may  be  prescribed  by  law." 

Under  that  provision  it  would  be  competent 
for  the  Legislature  to  provide  for  the  removal 
of  a  judge  by  a  simple  majority  vote  of  the 
Legislature,  or  in  such  other  mode  as  might  be 
best  calculated  to  subserve  the  occasion. 

The  provision  in  the  Constitution  of  Illinois 
is  couched  in  language  very  similar  to  that 
which  we  propose  to  embrace  in  this  amend- 
ment.   It  is  found  in  Section  12  of  Article  V. 

"  For  any  reasonable  cause,  to  be  entered  on  the  jour- 
nals of  each  house,  which  shall  not  be  sufficient  ground 
for  inipeachment,  both  Justices  of  the  Supreme  Court, 
and  Judges  of  the  Circuit  Court,  shall  be  removed  from 
office  on  the  vote  of  two-thirds  of  the  members  elected 
to  each  branch  of  the  General  Assembly:  provided,  al- 
wa;/s.  that  no  member  of  either  house  of  the  General 
Assembly  shall  be  eUgihle  to  till  the  vacancy  occasioned 
by  such  removal:  provided,  also,  that  no  removal  shall 
be  made  unless  the  Justice  or  Judge  complained  of 
shall  have  been  served  with  a  copy  of  the  complaint 
against  him,  and  shall  have  an  opportunity  of  being 
heard  in  his  defense." 

Whilst  this  language  varies  slightly,  yet  in 
substance  it  is  the  same  provision  which  we  pro- 
pose to  embrace  in  our  Constitution,  by  the  re- 


5G2 


IMPEACHMENT  AND  REMOVAL. 


[16 til  day. 


Thursday,] 


Johnson— DeLong. 


[July  21. 


incorporation  of  Section  3,  heretofore  stricken 
out  of  this  article  on  the  recommendation  of  the 
Committee  on  the  Judiciary. 

As  to  the  mutter  of  impoachmonts.  I  find  con- 
tained in  the  Ounstitullon  of  Wisconsin  a  very 
essential  variation  from  the  _<;enerally  received 
rule  in  regard  to  the  number  necessary  to  con- 
vict in  a  case  of  impeachment,  requiring  simply 
a  majority  instead  of  a  two-thirds  vote,  as  in 
most OtheV  States.  The  provision  is  in  Section 
1,  of  Article  VII. 

"The  Court  for  the  trial  of  impeachments  shall  be 
composed  of  the  Senate.  The  House  of  Representa- 
tives shall  have  the  power  of  impeaching  all  civil  offi- 
cers of  this  State  for  corrupt  conduct  in  office,  or  for 
crimes  and  misdemSaners;  but  a  majority  of  all  the 
members  elected  shall  concur  in  an  impeaclunent." 

Then  proceeding  further,  it  provides  that  no 
judicial  otlicer  shall  exercise  the  functions  of 
his  otHce  after  impeachment,  until  acquittal. 

On  the  subject  of  removal  the  Wisconsin  Con- 
stitution also  contains  substantially  the  same 
provision  as  we  desire  to  adopt,  Section  1')  of 
Article  VII  reading  as  follows  : 

'•Any  Judge  of  the  Supreme  or  Circuit  Court  may  be 
removed  from  office  by  address  of  both  houses  of  the 
Legislature,  if  two-thu-ds  of  all  the  members  of  each 
house  concur  therein,  but  no  removal  shall  be  made  by 
virtue  of  this  section  unless  the  Judge  comi^lained  of 
shall  have  been  served  with  a  cojjy  of  the  charges 
against  him,  as  the  ground  of  address,  and  shall  have 
had  an  opportunity  of  being  heard  in  his  defense.  On 
the  nuestiou  of  removal  the  ayes  and  noes  shall  be  en- 
tered on  the  journals." 

In  the  Constitution  of  Kansas  I  find,  Article 
III,  Section  15,  this  provision  : 

"  Justices  of  the  Supreme  Court  and  .Judges  of  the 
District  Courts  may  be  removed  from  office  by  resolu- 
tion ot  both  Houses,  if  two-thirds  of  the  members  of 
each  House  concur.  But  no  such  removal  shall  be 
mide  except  ui)on  complaint,  the  substance  of  which 
shall  be  entered  upon  the  journal,  nor  until  the  party 
charged  shall  have  had  notice  and  opportunity  to  be 
hoard." 

Now.  sir,  I  have  not  had  an  opportunity  of 
examining  the  Constitutions  of  all  the  States  of 
the  Union,  but  my  impression  is  that  in  nearly 
all  of  them  there  are  jjrovisions  which  do  not 
vary  materially  from  those  which  I  have  read  ; 
and  by  a  comparison  of  this  section  which 
we  propose  to  adopt  with  those  contained  in 
the  Constitutions  of  other  States  relative  to  th(^ 
same  subject,  it  will  b(!  seen  that  we  have  at 
least  gom;  (piite  as  far  in  securing  the  rights 
of  the  party  wIjo  may  be  accused  as  tliey  have 
in  other  States  ;  whereas,  in  some  ot  the  in- 
stances which  I  have  cited,  there  is  even  a 
wider  latitude'  given.  In  some  States,  upon  a 
jn'tition  of  members  of  both  branches  of  the  Leg- 
islature, the  (Jovernor  has  ])()wer,  with  the  con- 
cui'rence  of  his  Council,  to  remove  from  ()f1ice 
at  once  ;  in  others,  the  lilce  end  is  accomplished 
by  a  resolution  passed  by  a  two-tiiirds  vote  in 
each  branch,  ami  in  others,  or  in  one  at  least, 
simply  a  majority  of  one  branch  of  the  L(,'gis- 
laturc  is  required,  together  with  a  two-thirds 
vote  of  the  other  branch,  no  State,  I  believe, 
going  beyond  that ;  and  generally  the  restric- 


tions are  no  greater  than  we  propose  to  incor- 
porate into  the  instrument  which  we  are  en- 
gaged in  framing. 

1  have  not  heard  in  any  instance  of  this  sys- 
tem of  removal  operating  injuriously,  or  that 
there  has  been  any  complaining  in  regard  to  it. 
On  the  contrary,  1  find  that  in  many  of  the  in- 
stances to  which  I  have  adverted  the  provision 
has  been  adopted  as  the  result  of  experience 
accjuired  through  the  operation  and  workmg  of 
similar  provisions  contained  in  the  Constitu- 
tions of  other  States.  In  several  of  the  later 
State  Constitutions  I  remark  that  the  provision 
seems  to  have  been  copied,  or  adopted  in  sub- 
stance, at  least,  with  but  very  slight  change  of 
phraseology,  from  amendatory  provisions  in  the 
Constitutions  of  older  States,  and  I  believe  the 
provision  will  be  found  embodied  in  some  form 
in  the  Constitutions  of  nearly  if  not  quite  all  of 
the  States  which  have  been  created  or  organized 
in  later  years,  or  which  have  within  a  few  years 
past  had  occasion  to  revise  their  fundamental 
laws ;  thus  to  my  mind  betokening  the  fact  that 
such  a  provision  is  the  result  of  experience — 
that  it  has  been  found  to  be  a  necessity  to  pro- 
vide for  the  class  of  cases  to  which  it  refers — 
that  it  is  the  result  of  the  observation  and  ex- 
perience of  the  eminent  men  who  have  par- 
ticipated in  the  formation  of  the  organic  laws 
of  those  States  ;  and  for  my  own  part  [  can  fore- 
see none  of  the  evils  to  which  my  friend  from 
Storey  (Mr.  DeLong)  has  alluded,  as  likely  to 
arise  from  its  adoption. 

^[y  friend  from  Humboldt  (Mr.  Banks)  and 
his  colleague  (Mr.  Dunne)  have  both  expressed 
their  views  on  this  matter.  They  find  no  par- 
ticular objection  to  Section  1  of  this  article, 
which  gives  a  majority  of  the  Assembly  power 
to  impeach,  with  a  view  to  removal,  in  that 
mode,  then  requiring  a  two-thirds  vote  of  the 
Senate  to  render  the  impeachment  effective. 
They  have  no  complaint  to  make  that  thereby 
would  be  granted  a  dangerous  power  to  the 
Legislature. 

Mr.  DeLONG.  Bvit  in  that  case  the  Legisla- 
ture has  no  power  to  act  at  all,  unless  the  party 
accused  is  liable  to  impeachment. 

Mr.  .rOHNSON.  Very  true  ;  but  the  gentle- 
man will  ])erceive  that  there  may  be  cases  not 
of  a  kind  to  afford  ground  of  impeachment — 
instances  that  cannot  ])roperly  be  made  the  sub- 
ject matter  of  impeaciinient.  The  idea  of  an 
impeaciimeut  is,  that  it  curries  with  it  a  punish- 
nu'ut  which  may  be  greater  than  tliat  of  re- 
moval ;  although  the  punishment  cannot  extend 
beyond  that  of  rendering  the  party  incapable 
of  holding  any  office  of  iuuior,  profit,  or  trust, 
under  the  go\ernment  of  the  State  ;  yet, whilst 
it  does  extend  to  removal  from  office,  it  may 
at  the  same  tinu'  embrace,  as  a  part  of  the  pun- 
ishnuMit,  a  subsequent  inability  to  hold  any 
office  of  honor,  i)rofit,  or  trust,  under  the  State 
Covernment.  Tiierefon;,  the  very  crime  with 
wliich  the  party  impeached  is  charged,  and  of 
which  he  is  convicted,  stands  out  in  bold  relief 
as  a  higher  grade  of  offense,  carrying  with  it 


16  til  day.] 


IMPEACHMENT  AND  REMOVAL. 


563 


Thursday,] 


DeLong — Johnson. 


[July  21. 


this  higher  degree  of  punishment ;  whereas,  j 
there  may  be  cau.ses  which  would  not  be  of 
sufficient  magnitude  to  justify  one  branch  of  j 
the  Legislature  in  impeaching,  and  the  other  in  j 
convicting  the  party  offending,  but  at  the  same  ] 
time  would  be  sufficient  to  justify  his  removal 
from  otfice,  carrying  with  such  removal  no  ad- 
ditional piuiishment.  t 

Now,  sir,  I  have  heard  no  complaint  from 
these  gentlemen  to  whom  I  have  referred,  or  j 
others  who  are  opposed  to  Section  3,  with 
reference  to  the  operation  ot  Section  1,  by 
which,  a  simple  majority  of  all  the  members 
elected  to  one  branch,  is  sufficient  for  an  im- 
peachment, requiring,  however,  a  two-thirds 
vote  of  the  other  branch  to  render  such  judg- 
ment effective,  or  to  convict  the  party  im- 
peached ;  whilst  in  this  other,  the  third  section, 
wherein  it  is  proposed  that  removal  shall  be 
secured  by  a  less  tortuous  course  than  by 
impeachment,  we  go  still  further,  and  require 
the  concurrence  of  two-thirds  of  the  members 
elected  to  each  branch.  Now  I  cannot  con- 
ceive what  should  constitute,  in  a  greater  de- 
gree, the  palladium  and  safeguard  of  our 
rights,  than  this  conservative  provision  ;  yet,  in 
the  one  clause,  where  a  majority  of  one  branch, 
and  two-thirds  of  the  other,  is  sufficient  for  re- 
moval, gentlemen  see  nothing  objectionable, 
while  in  the  other,  which  requires  two-thirds 
of  each  branch  for  removal  merely,  they  fore- 
see great  evils.  Sir,  I  submit  to  the  good  sense 
of  the  Convention,  which  is  the  more  secure, 
and  which  is  likely  to  attain  the  best  results, 
without  doing  any  injury  or  injustice  to  the 
partly  accused,  the  provision  for  impeachment, 
to  which  gentlemen  do  not  object,  or  the  feature 
which  we  propose  to  adopt  providing  for  re- 
movals from  office? 

Mr.  DeLONG.  Is  not  that  just  the  point  of 
the  whole  thing?  Is  not  the  point  this:  that 
men  would  be  very  reluctant  to  find  a  judge 
guilty  under  articles  of  impeachment,  on  ac- 
count of  the  severity  of  the  puuishmeut ;  where- 
as, if  they  were  clothed  with  power  to  remove 
simply,  without  imposing  any  severe  penalty, 
they  might  exercise  that  power  of  removal  in 
such  a  manner  that  evil  consequences  would 
be  likely  to  arise?  Would  not  the  Legislature 
prefer,  in  every  case,  to  remove  a  man  in  that 
manner,  r.i  iier  than  resort  to  impeachment? 

Mr.  JOHNSON.  I  apprehend  that  very  few 
cases  of  such  a  kind  would  arise,  where  there 
would  be  any  possilrdity  of  obtaining  a  two- 
thirds  vote.  It  could  only  happen  in  instances 
where  it  would  be  quite  obvious  that  the  pub- 
lic interests  would  be  subserved,  because  it 
would  require  a  most  flagrant  case  of  abuse, 
or  of  neglect  of  duty  in  office,  to  secure  the 
votes  of  two-thirds  of  each  branch  in  favor  of 
removal.  The  other  gentleman  from  Storey 
(Mr.  Collins)  has  cited  an  illustration,  in  which 
it  would  undoubtedly  be  proper  to  remove  a 
judge  without  i-esorting  to  impeachment,  where 
there  is  no  positive  accusation  of  improper 
practice— and  in  repeating  it,  I  am  only  i-estat- 


ing  what  has  already  been  well  said  on  this 
branch  of  the  subject.  He  suggests  a  case  of 
this  kind,  where  the  health  of  the  judge  is 
such  that  he  is  incapable  of  rendering  due  ser- 
vice, although  he  may  be  unwilling  to  resign, 
because  he  naturally  clings  to  the  hope  of 
recovery,  and  yet  the  ])ublic  interests  are  suf- 
fering. In  such  a  case  there  is  no  relief  or 
remedy  provided,  without  some  provision  of  this 
character,  for  we  all  agree  that  there  would  not 
then  exist  sufficient  ground  of  impeachment. 
Must  the  public  interests  in  such  a  case  continue 
to  suffer,  and  no  possible  means  be  afforded  to 
remedy  the  evil?  The  judge  could  hold  his 
office  and  receive  the  salary,  and  we  Mould  have 
no  relief  unless  we  provide  for  some  supervi- 
sory power,  with  such  constitutional  authority 
as  will  enable  us,  under  proper  restrictions,  to 
remove  a  judge.  "Where  there  is  an  utter  failure 
to  perform  judicial  functions,  it  is  equally  as 
injurious  to  the  interests  of  the  public,  as  it  the 
judge  were  utterly  corrupt. 

I  might  proceed  to  an  unlimited  extent,  per- 
haps, if  it  were  necessary,  to  enumerate  cases 
where  there  would  be  proper  ground  for  re- 
moval, although  falling  far  short  of  being  proper 
ground  for  impeachment,  and  where,  beyond  all 
question,  the  public  interests  would  be  sub- 
served by  removal :  and  I  apprehend  that  that 
is  the  reason  why  in  other  States  the  same  rule 
has  been  adopted,  which  we  j^ropose  to  copy, 
requiring  a  larger  number  of  votes  to  remove 
by  resolution  than  is  necessary  to  impeach. 

My  friend  from  Humboldt,  (Mr.  Banks.)  in 
his  remarks  upon  this  subject,  evidently  intend- 
ed to  resort  to  sarcasm,  although  I  confess  that 
I  failed  to  see  the  point.  And  I  must  say  I  re- 
gret, that  on  this  occasion — I  believe  for  the 
first  time  in  this  Convention — he  should  have 
seen  fit  to  forsake  the  line  of  legitimate  argu- 
ment. I  do  not  see  the  point  of  his  sarcasm, 
or  its  applicability  to  this  question. 

I  really  cannot  discover  that  any  injury  is 
likely  to  result  from  this  proposition,  especially 
when  we  are  only  following  in  the  beaten  track 
pursued  by  the  wise  men  of  other  States — 
those  who  have  themselves,  in  turn,  merely  fol- 
lowed in  the  footsteps  of  other  learned  men, 
engaged  in  framing  the  Constitutions  of  States 
in  the  early  history  of  our  country.  If  those 
men  found  suflicient  cause  from  their  own  ex- 
perience and  judgment,  to  warrant  tfiem  in 
adopting  this  so-called  ''  innovation,"  I  do  not 
suppose  we  can  be  considered  as  arrogating  to 
ourselves  extraordinary  wisdom,  if,  conceding 
to  that  knowledge  and  experience  which  in- 
duced others  to  forsake  the  beaten  track,  we 
make  this  "  innovation."  I  think  we  shall  only 
be  acting  wisely  by  incorporating  into  our  Con- 
stitution" a  provision  which  the  experience  of 
mankind,  in  our  own  country,  at  all  events,  has 
found  to  be  necessary. 

I  confess  that  I  have  not  that  profound  and 
reverential  regard  which  some  profess  for  the 
men  who  assembled  iu  Conventions  in  the  early 
days  of  the  Republic,  when  the  Government  wivs 


564 


IMPEACHMENT  AND  REMOVAL. 


[leth  day. 


Thureday,] 


DeLong — McClinton — Banks. 


[July  21. 


yet  but  an  experiment.  Some  argue  that  it  is 
iin  expL'rlincnt  still,  and  is  at  this  time  being 
jiut  to  the  severest  test.  Be  that  as  it  may,  1 
am  not.  1  say.  one  of  those  who  look  with 
such  exulted  veneration  u])on  the  men  who 
frameil  our  institutions  in  the  days  of  our  in- 
fancy, and  yet  ca«  see  nothing  worthy  of  imi- 
tation in  the  labors  of  those  who  succeeded 
them.  I  think  we  will  do  well  to  observe  some- 
what the  labors  of  those  who  have  had  an  op- 
jtortunity  to  improve  upon  what  their  jjrede- 
eessors  have  enacted.  We  have  abundant  illus- 
ratiou  of  the  wisdom  of  that  course  in  the 
constitutional  provisions  which,  as  we  read, 
were  adopted  in  recent  years  by  such  States 
as  the  great  J^tate  of  New  York,  famed  for  the 
wisdom  and  ability  of  its  statesmen,  who  assem- 
bled in  the  Convention  of  1S4,J;  Massachusetts. 
Maine.  Illinois.  Kansas,  and  other  western  States 
which  have  come  into  the  Union  within  the 
jursent  generation.  I  think  we  are  judging 
wisely  when  we  avifil  ourselves  of  their  experi- 
ence in  years  past,  and  incorporate  into  our 
fundamental  law.  from  the  provisions  which 
tlu'V  in  tiicir  wisdom  and  judgment  have  thought 
it  expedient  to  adoj)!.  such  features  as  are 
adapted  to  our  condition.  I  can  foresee  no 
injurious  consecpiences  to  affect  us,  which  were 
not  just  as  likely  to  result  by  the  adoption  of 
the  same  provisions  in  those  States.  For  these 
reasons,  as  well  as  others,  which  I  might  ad- 
vance if  time  could  be  afforded,  I  trust  the 
several  provisions,  as  they  are  here  presented, 
will  be  ailo])ted  and  retained,  at  least  in  their 
essential  features.     ['•  Question,  question  !  "] 

The  rRESIDP:NT  pro  tern,  stated  the  question 
to  be  first  on  tiie  pending  amendment  to  Sec- 
tion 2.  to  strike  out  the  word  •'  civil,"  and  in- 
sert instead  tlie  words  '•  State  and  judicial ;" 
and  also  to  insert  after  "  officers,"  the  words. 
"  except  .Justices  of  the  Peace." 

The  SECUIiTARY  read  the  section  as  it 
would  stand  with  the  amendments,  as  follows  : 

Sec.  2.  The  Governor  and  other  State  and  judicial 
officers,  except  Justices  of  the  Peace,  under  this  State 
Government,  shall  be  Uablc  to  iinpeachment  lor  mis- 
denieauor  or  malfeasance  in  office  ;  but  judgment  in 
such  case  shall  not  extend  further  than  removal  from 
office  and  disqualification  to  hold  any  office  of  honor, 
profit,  or  trust,  under  the  State.  The  partj',  whether 
con^cted  or  ai-ijuitteil,  shall  nevertheless  be  liable  to 
indictmeut,  triul,  judgment,  and  punishment  accord- 
ing to  law. 

Mr.  DkLOXG  and  others  demanded  the  yeas 
and  nays  on  the  amendment. 

The  question  was  taken  by  yeas  and  nays, 
and  the  vote  was— yeas,  11  ;  nays,  10 — as  fol- 
lows : 

Yens — Messrs.  Belden.  Brady,  Folsom.  Frizell,  Gib- 
son, Hawley,  Lockwood,  Murdoek,  Nourse,  Stvirtevant, 
TaKliabue,  Warwick,  Wetherill,  and  Mr.  President — 14. 

A'rt)/.< — Slessrs.  Banks,  Broenan,  Chapin,  Collins,  De- 
Long,  Dunne,  Hovey,  Kennedy,  Mason,  and  Proctor 
—10. 

So  the  amendment  was  agreed  to. 
During  the  voting — 

Mr.  MeCLINTON.  I  would  like  to  be  ex- 
cused from  voting,  for  the  reason  that  I  have 


not  heard  the  discussion  on  this  matter,  and  am 
not  well  posted. 

No  objection  being  made.  Mr.  McGlinton  was 
excused. 

The  result  of  the  vote  having  been  an- 
nounced, as  above  stated — 

The  PRESIDENT  pro  tern  said  the  question 
next  was  on  the  adoption  of  Section  2,  as 
amended. 

The  question  was  taken,  and  the  section  was 
adopted. 

The  PRESIDENT  pro  tern,  stated  the  question 
next  on  the  amendment  to  reinstate  Section  3, 
heretofore  stricken  out  on  the  recommendation 
of  the  Judiciary  Committee. 

The  question  was  taken  by  yeas  and  nays, 
and  the  vote  was — yeas,  17  ;  nays,  9— as  fol- 
lows : 

Yeas — Messrs.  Belden,  Brady,  Chapin,  Collins,  Cros- 
man,  Folsom,  Frizell,  Gibson,  Hawley,  Lockwood,  Mur- 
doek, Noiirse,  Sturtevant,  TagUabue,  Warwick,  Wether- 
ill,  and  Mr.  President— 17. 

Nays — Messrs.  Banks,  Brosnan,  PeLong,  Dunne, 
Hovey,  Kennedy,  Mason,  McClinton,  and  Proctor — 9. 

So  the  amendment  was  agreed  to. 

The  PRESIDENT  pro  ion.  said  the  next  ques- 
tion was  upon  the  amendment  to  Section  4  of- 
fered by  Mr.  Nourse,  to  insert  after  "  civil  offi- 
cer,'' the  words  -'other  than  those  iu  this  article 
previously  specified,"  so  that  the  section  would 
read  : 

"  Section  i.  Provision  shall  be  made  by  law  for  the 
removal  from  office  of  any  civil  officer,  other  than  those 
in  this  article  previously  specified,  for  malfeasance  or 
nonfeasance  in  the  pez'formance  of  his  duties." 

The  question  was  taken  by  yeas  and  nays  on 
the  adoption  of  the  amendment,  and  the  vote 
was — yeas.  15;  nays,  11— as  follows  : 

Yeas — Messrs.  Belden,  Brady,  Crosman,  Folsom.  Fri- 
zell, Gibson,  Hawley,  Lockwood,  Murdoek,  Noiu-se, 
Sturtevaut,  Tagliabue,  Warwick,  Wetherill,  and  Mr. 
President— 15. 

Xays — Messrs.  Banks,  Brosnan,  Chapin,  Collins,  De- 
Long,  Dunne.  Hovey,  Kennedy,  Mason,  McClinton, 
and  Proctor — 11. 

So  the  amendment  was  adopted. 

The  PRESIDENT  pro  iem.  The  question  now 
is  on  the  adoption  of  Article  VII  as  amended, 
and  ordering  it  to  be  engrossed  for  a  third  read- 
ing. 

Mr.  BANKS.  As  it  is  a  short  article,  and  im- 
portant amendments  have  been  adopted,  I  ask 
lor  the  reading  of  the  entire  article  as  now 
amended.  Then  we  can  all  vote  understand- 
ingly. 

The  SECRETARY  read  the  article,  as  fol- 
lows : 

ARTICLE  "\^I. 

IMPEACHMENT  AND   REMOVAL   FUOM   OFFICE. 

Section  1.  The  Assembly  shall  have  the  sole  power 
j  of  impeaching,  but  a  majurity  of  all  the  membc'rs  elect- 
ed must  concur  in  an  iiniH  ;;cliiiicnt.  All  iiii]5(!;u-liments 
sliall  be  tried  by  the  Sriiatc,  and  whiMi  sitting  for  that 
purpose,  the  Senators  sliall  be  upon  oath  or  aliirmation, 
to  do  justice  according  to  law  and  evidence.  Tlie  Chief 
Justice  of  the  Supreme  Court  shall  preside  over  the 
Senate  while  sitting  to  try  the  Governor  upon  iinpeach- 
ment. No  person  shall  be  convicted  without  the  con- 
currence of  two-thirds  of  the  Senators  elected. 


16th  day.] 


EDUCATION. 


565 


Thursday,] 


Collins. 


[July  21. 


Sec.  2.  The  Governor  and  other  State  and  judicial 
of&cers,  except  Justices  of  the  Peace,  under  this  State 
Government,  shall  be  liable  to  impeachment  for  misde- 
meanor or  malfeasance  in  office;  but  judgment  in  such 
case  shall  not  extend  further  than  removal  from  office 
and  disqualification  to  hold  any  office  of  honor,  profit, 
or  trust  under  this  State.  The  party,  whether  con- 
victed or  acquitted,  shall  nevertheless  be  hable  to  in- 
dictment, trial,  judgment,  and  punishment,  according 
to  law. 

Sec.  3.  For  any  reasonable  cause,  to  be  entered  on 
the  journals  of  each  H"usr.  \vhi<h  may  or  may  not  be 
sufficient  grounds  for  iuiinarhimiit,  the  Chief  Justice 
and  Associate  Justices  of  the  Su^jreme  Court  and  Judg- 
es of  the  District  and  County  Courts  shall  be  removed 
from  office  on  the  vote  of  two-thirds  of  the  members 
elected  to  each  branch  of  the  Legislature,  and  the  Jus- 
tice or  Judge  complained  of  shall  be  served  with  a  copy 
of  the  comijlaint  against  him,  and  shall  have  an  oppor- 
tunity of  being  heard  in  ijcrson,  or  by  counsel,  in  his 
defense ;  provided,  that  no  member  of  either  branch  of 
the  Legislatvire  shall  be  eligible  to  fill  the  vacancy  occa- 
sioned by  such  removal. 

Sec.  4.  Provision  shall  be  made  by  law  for  the  re- 
moval from  office  of  any  civil  officer,  other  than  those 
in  this  article  previously  specified,  for  malfeasance  or 
nonfeasance  in  the  performance  of  his  duties.  , 

The  question  was  taken  by  yeas  and  nays, 
and  the  vote  was — yeas,  17  ;  nays,  9 — as  fol- 
lows : 

Yeas — Messrs.  Belden,  Brady,  Chapin,  Collins,  Cros- 
man,  Frizell,  Folsom,  Gibson,  Hawley,  Lockwood, 
Murdock,  Nourse,  Sturtevant,  Tagliabue,  Warwick, 
Wetherill,  and  Mr.  Presideut^lT. 

Xays — Messrs.  Banks,  Brosuan,  DeLong,  Dunne, 
Hovey,  Kennedy,  Mason,  McChnton,  and  Proctor — 9. 

So  the  article  was  ordered  to  be  engrossed 
for  a  third  reading. 

EDUe.\.TI0N. 

Mr.  COLLINS,  from  the  Committee  on  Edu- 
cation, submitted  the  following  report : 

Mr.  President :  Your  Standing  Committee  on  Educa- 
tion, to  which  was  referred  Article  XII,  entitled  Educa- 
tion, beg  leave  to  report,  for  the  adoption  of  the  Con- 
vention, the  following  article : 

ARTICLE  XII. 

EDUCATION. 

Section  1.  The  State  owes  the  children  thereof  tu- 
itional  facilities  for  a  substantial  education,  and  is  en- 
titled to  exact  attendaiice  therefrom  in  return  upon 
such  educational  advantages  as  it  may  provide.  The 
Legislature  shall  therefore  encourage  by  all  suitable 
means,  the  promotion  of  intellectual,  literary,  scien- 
tific, mining,  mechanical,  agricultural,  and  moral  im- 
provement, and  also  provide  for  the  election  by  the 
people,  at  the  general  election,  of  a  Superintendent  of 
Public  Instruction,  whose  term  of  office  shall  be  two 

years  from  the day  of  January,  186.5,  and  until  the 

election  and  the  qualification  of  his  successor,  and 
whose  duties  shall  be  prescribed  by  law. 

Sec.  2.  The  Legislature  shall  provide  for  a  uniform 
system  of  common  schools,  by  which  a  school  shall  be 
established  and  maintained  in  each  school  district,  at 
least  six  months  in  every  year  ;  and  any  school  district 
neglecting  to  establish  and  maintain  such  a  school,  or 
which  shall  aUow  instruction  of  a  sectarian  character 
therein,  maj'  be  deprived  of  itsiwoportion  of  the  inter- 
est of  the  public  sclmol  fund  during  such  neglect  or 
infraction,  and  tlic  Legislature  may  pass  such  laws  as 
will  tend  to  secure  a  general  attendance  of  the  children 
in  each  school  district  upon  said  public  schools. 

Sec.  3.  AU  lands,  including  the  .500,000  acres  of  land 
granted  to  the  new  States  under  an  Act  of  Congress 
distributing  the  proceeds  of  the  public  lands  among 
the  several  States  of  the  Union,  approved  A.  D.  1811  ; 
the  sixteenth  and  thirty-second  sections  in  every  town- 
ship,  donated  for  the  benefit  of  public   schools,  set 


forth  in  the  Act  of  the  thirty-eighth  Congress,  to  ena- 
ble the  people  of  Nevada  Territory  to  form  a  State  Go- 
vernment ;  the  thirty  thousand  acres  of  public  lands 
granted  by  an  Act  of  Congress,  and  approved  July  2, 
186-2,  for  each  Senator  and  Kepresentative  in  Coflgress ; 
and  all  lands  and  parcels  ot  lands  that  have  been  or 
may  hereafter  be  granted  or  appropriat(td  by  the  Unit- 
ed States  to  this  State  ;  all  estates  that  may  escheat  to 
the  State  ;  all  of  such  per  cent,  as  may  be  granted  by 
Congress  on  the  sale  of  land  ;  all  fines  collected  under 
the  penal  laws  of  the  State  ;  all  property  given  or  be- 
queathed to  the  State  for  educational  purposes  ;  and 
all  proceeds  derived  from  any  or  all  of  said  sources, 
shall  be,  and  the  same  are  hereby  solemnly  iJedged  for 
educational  purposes,  and  shall  not  be  trauslerred  to 
any  other  fund  for  other  uses  ;  and  the  interest  there- 
on shall,  from  time  to  time,  be  apportioned  among  the 
several  counties,  in  proportion  to  the  ascertained  num- 
bers of  the  persons  between  the  ages  of  six  and  eight- 
een years  in  the  different  counties.  And  the  Legisla- 
ture shall  provide  for  the  sale  of  floating  land-warrants 
to  cover  the  aforesaid  lands,  and  for  the  investment  of 
all  proceeds  derived  from  any  of  the  above-mentioned 
sources  in  United  States  bonds  or  the  bonds  of  this 
State  ;  provided,  that  the  interest  only  of  the  aforesaid 
IJroceeds  shall  be  used  for  educational  purposes,  and 
any  surplus  interest  shall  be  added  to  the  principal 
sum  ;  and  provided  further,  that  such  portion  of  said 
interest  as  may  be  necessary,  may  be  appropriated  for 
the  support  of  the  State  University. 

Sec.  4.  The  Legislature  shall  provide  for  the  estab- 
lishment of  a  State  University,  embracing  departments 
for  agriculture,  mechanic  arts,  and  mining,  which  shall 
be  free  to  all  white  pupils  possessing  such  qualifica- 
tions as  may  be  prescribed  by  the  Board  of  Eegents. 

Sec.  5.  The  Legislature  shall  have  power  to  estabhsh 
Normal  Schools,  and  such  diflercnt  grades  of  schools, 
from  the  primary  department  to  the  University,  as  in 
their  discretion  they  may  see  fit ;  and  all  ijrofessors  in 
said  University,  or  teachers  in  said  Common  Schools, 
of  whatever  grade,  shaU  be  required  to  take  and  sub- 
scribe to  the  oath  as  prescribed  in  Article  XVI  of  this 
Constitution.  No  professor  or  teacher  who  fails  to 
comply  with  the  provisions  of  any  law  framed  in  ac- 
cordance with  the  provisions  of  this  section,  shall  be 
entitled  to  receive  any  j^ortion  of  the  ijublic  moneys 
set  apart  for  school  purposes. 

Sec.  6.  The  Legislature  shall  provide  a  special  tax 
of  one-half  of  one  mill  on  the  doUar  of  all  taxable 
property  in  the  State,  in  addition  to  the  other  means 
Ijrovided  for  the  support  and  maintenance  of  said  uni- 
ver.sity  and  common  schools  ;  provided,  that  at  the  end 
of  ten  years  they  may  reduce  said  tax  to  one  quarter 
of  one  mill  on  each  dollar  of  taxable  projierty. 

Sec.  7.  The  Governor,  Secretary  of  State,  and  the 
Superintendent  of  Pubhc  Instruction,  shall,  for  the 
first  four  years,  and  until  their  successors  are  elected 
and  qualified,  be  a  Board  of  Regents  to  control  and 
manage  the  affairs  of  the  University,  and  the  funds  of 
the  same,  under  such  regulations  as  may  be  provided 
by  law  ;  but  the  Legislature  shall,  at  the  expiration  of 
that  time,  provide  for  the  election  ot  a  Board  of  Re- 
gents, and  define  their  duties. 

Sec.  8.  The  Board  of  Regents  shall,  from  the  inter- 
est accruing  from  the  first,  funds  which  come  under 
their  control,  immediately  organize  and  maintain  the 
said  mining  department,  in  such  manner  as  to  make  it 
most  effective  and  useful.  Provided,  that  aU  the  pro- 
ceeds of  the  public  lauds  donated  by  Act  of  Congress, 
approved  July  2,  A.  D.  1862,  for  a  college  for  the  bene- 
fit of  agriculture  and  mechanic  arts,  shall  be  invested 
by  the  Board  of  Regents  in  a  separate  fund  to  be  ap- 
X>ropriated  exclusively  for  the  benefit  of  the  two  first- 
named  departments  to  the  Univer.sity.  as  set  forth  in 
Section  4,  above.  And  the  Legislature  shall  provide 
that,  if  through  neglect  or  any  other  contingency,  any 
portion  of  the  fund  so  set  apart  shall  be  lost  or  misap- 
propriated, the  State  of  Nevada  shall  replace  such 
amount  so  lost  in  said  fund,  so  that  the  interest  and 
principal  of  said  fund  shall  remain  forever  uudimiu- 
ished. 

AU  of  which  is  respectfully  submitted. 

John  A.  Collins,  Chairman. 


566 


EDUCATION. 


[16th  day. 


Thursday.]      Duxxe— DeLoxg— Chapin — Collins — Hawley — Johnson — Brosnan.         [July  21. 


Mr.  DUNNE.  I  move  that  the  article  rei)ort- 
t'll  bo  taken  up  and  considered  now. 

Mr.  DkI.DXC;.  1  would  prefer  to  see  it 
printed  lirst. 

Mr.  CHAI'IX.  Could  it  not  be  published  in 
the  Virginia  papers  of  to-morrow  morning? 

Mr.  DkIjONG.  It  can  be  printed  liere.  I  un- 
derstand. It  is  too  late  to  send  it  to  Virginia, 
for  jiublicatiou  to-morrow  morning.  The  at- 
tention of  the  Convention  has  been  turned  with 
a  very  jealous  eye  towards  matters  of  legisla- 
tion, and  I  am  apprehensive  that  if  we  consider 
the  article  now.  we  might  adopt  or  incorporate 
in  it  some  provisions  which  would  not  meet 
with  our  a])proval,  if  we  had  it  before  us  in 
print.  This  matter  of  religious  and  sectarian 
intiueiice  in  the  public  schools,  is,  of  all  things, 
most  calculated  to  arouse  suspicions  and  jeal- 
ousies in  the  public  mind,  and  if  the  enemies  of 
the  Constitution  can  see  anything  in  our  action 
on  that  subject  to  carp  at,  they  will  be  sure  to 
make  the  greatest  possible  amount  of  capital 
out  of  it. 

Mr.  COLLIN.S.  I  would  ask  if  this  article 
cannot  be  taken  up  just  as  well  now,  the  sec- 
tions being  read  carefully  by  the  Secretary, 
one  by  one,  discussed,  and  amended  if  neces- 
sary, as  we  come  to  them?  It  seems  to  me,  if 
gentlemen  will  Ije  attentive,  it  may  be  done — 
and  I  will  state  that  one  feature  which  has  been 
regarded  as  oljnoxious,  has  been  removed  by 
the  committee. 

Mr.  DeLOXG.  How  is  it  in  regard  to  the 
positive  requirement  to  send  all  children  to 
school  so  nuich  time  in  each  year? 

Mr.  COLLIXS.  The  committee  has  removed 
that  provision. 

Mr.  DeLONG.  I  will  witlidraw  my  oppo- 
sition. 

The  question  was  taken  on  Mr.  Dunne's  mo- 
tion to  consider  the  article  at  the  present  time, 
and  it  was  agreed  to. 

Mr.  ll.\WLEY.  I  move  that  the  Convention 
resolve  itself  into  Committee  of  the  Whole — 
the  President  jjro  (em.  remaining  iu  the  chair — 
for  the  consideration  of  this  article. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

CO.MMm'EE    OF    IllK    WUOLE — EDUCATION. 

The  Convention  accoidingly  resolved  itself 
int(t  Committee  of  the  Wlude.  (Mr.  Ci'.;).sman  in 
the  chair.)  and  took  up  Article  XII,  entitled 
Education. 

Sl'rEKI.NTKNDKNT    OF    I'LULIC    I.VSTULCriON. 

The  SECIIET.VRY  read  Section  1,  as  follows  : 

SF.fTlON  1.  The  Stiitc  owcH  the  cliiM roil  tlieroof  tu- 
itioiial  faciliticH  for  a  suljstiuitial  <'(liicatii)ii,  and  is  i-n- 
titlc'd  to  exa<;t  attr;iiflaii(,(!  tliiTcfroiii,  in  ri'turn,  upon 
M  oil  pducationul  a(lvaiita^,'c«  as  it  may  provide.  Tlio 
I>c};iHlature  shall  llicrclore  cnoourafjc  by  all  suicabk' 
nuMins.  the  promotion  of  intellectual,  literary,  seien- 
titic.  miiiinf,',  mechanical,  atjricultural,  and  moral  im- 
prov<ineiit,  and  also  provide  for  the  election  1)y  the 
P'ojpIc,  at  the  Kpueral  election,  of  a  .Superintfmdent  of 
I'ubiic  InBtruction,  whe.su  term  of  office  shall  be  two 


years  from  the day  of  January,  1865,  and  until  the 

election  and   the   qualification  of  his  successor,  and 
whose  duties  shall  be  prescribed  by  law. 

Mr.  JOHNSON.  I  wish  to  inquire  of  the 
Chairman  of  the  Judiciary  Committee; — I  have 
not  yet  examined  bis  reitort.  and  I  ;ulmit  that 
the  fault  is  my  own — whether  it  is  eontem- 
plated  to  hav(;  a  separate  judicial  election? 

Mr.  BROSNAN.  There  is  no  special  election 
contemplated  to  be  held  for  judicial  officers  ; 
they  are  to  be  elected  at  the  general  election, 
at  the  same  time  as  other  officers. 

Mr.  JOllXSOX.  I  made  the  inquiry  with  a 
view  to  proposing  an  amendment,  if  necessary  ; 
because  I  observe  that  the  section  as  read  pro- 
vides for  the  election  of  Superintendent  of 
Public  Instruction  at  the  general  election. 

Mr.  DUNNE.  I  do  not  know  that  I  under- 
stand altogether  this  enunciation  of  a  doctrine 
iu  the  first  section.  If  I  understand  it  correctly 
— and  I  will  incpiire  of  the  chairman  of  the 
committee  whether  I  am  right  or  not — the  doc- 
trine enunciated  is  substantially  this  :  that  the 
State  has  a  right  to  establish  educational  insti- 
tutions, including  therein  moral  instruction,  and 
has  a  right  to  insist  upon  the  attendance  and 
reception  of  such  nujral  instruction  as  the  State 
may  establish,  or  provide  for  in  such  institu- 
tions, on  the  part  of  all  the  children  of  the 
State. 

Mr.  COLLINS.  That  is,  in  the  general  sense 
of  nujrality.  It  was  the  view  of  the  chairman, 
and  I  think  the  committee  generally  agreed 
witli  him  on  that  point,  that  the  State  nuxy 
properly  encourage  the  practice  of  morality,  in 
contradistinction  to  sectarian  doctrines.  For  in- 
stance, if  a  child  insist  on  the  practice  of  using 
profane  language,  I  presume  it  should  be  made 
the  duty  of  the  School  Suijerintendent.  the 
teacher,  or  the  Board  of  Education,  to  insist 
that  he  shall  either  refrain  from  such  practice, 
or  be  expelled.  There  must  be  power  some- 
where to  exact  conibrmity  to  the  general  ideas 
of  morality  entertained  by  civilized  commu- 
nities. 

The  CHAIRMAN.  The  question  is  on  the 
adoption  of  Section  1. 

COMI'ULSORY   ji.TTENDANCK    OX   SCHOOLS. 

Mr.  BROSNAN.  For  my  own  information, 
in  order  that  I  nuiy  be  able  to  vote  intelligibly, 
I  will  ask  that  Section  2  of  this  article  be  read. 

The  SECRETARY  lead  Section  2,  as  follows: 

Sec.  2.  The  I,r^'islat>ii-c  shall  jirovide  for  a  uniform 
system  of  comiuou  silmols.  1)y  which  a  school  shall  bo 
estiblished  and  iiiaiiitaiiu-d  iu  each  school  distriit,  at 
least  six  months  iu  every  year  ;  and  any  school  distric't 
neglecting  to  establish  and  maintain  such  a  school,  or 
which  shall  allow  instruction  of  a  sectarian  character 
therein,  may  be  deprived  of  its  jproportiou  of  ilu:  inter- 
est of  the  public  school  fund  diu'in^  such  nej<lect  or 
infraction,  and  the  Legislature  may  pass  such  laws  as 
will  tend  to  si-curc^  a  t,'eneral attiindance  of  the  children 
iu  each  school  district  upon  said  public  schools. 

.Mr.  H.VWLEY.  I  wish  to  call  the  especial 
att(;ntion  of  the  gentleman  from  Storey  to  that 
provision.  1  wish  also  to  call  the  attention  of 
the  Convention  to  the  clause  in  this  section,  in 


16th  day.] 


EDUCATION. 


567 


Thursday,]      DeLoxg — Hawley— Bkosnan — Collins— Dunne — Chapin—  Johnson.         [July  21. 


the  old  Constitution,  which  has  been  stricken 
out,  reading  as  follows  : 

"  The  Legislature  shall,  within  two  years,  pass  such 
laws  as  shall  make  it  compulsory  with  pareuts  aud 
guardians  that  all  white  children  under  their  charge, 
between  the  ages  of  six  and  fourteen  years,  shall  re- 
ceive educational  iustructiou  for  at  least  three  mouths 
in  each  year,  unless  physically  or  mentally  incapaci- 
tated." 

That  clause  has  been  stricken  out  by  the 
committee,  and  in  lieu  thereof  the  language  of 
the  section  just  read  is  proposed,  providing 
that  the  Legislature  may  pass  such  laws  as  will 
best  tend  to  secure  a  general  attendance  of 
children,  in  each  of  the  school  districts,  on  the 
public  schools. 

Jlr.  DeLONG.  I  thought  from  the  first  read- 
ing the  language  was,  "  to  require  attendance." 

Mr.  HAWLEY.  It  is,  "  tend  to  secure  a  gen- 
eral attendance." 

Mr.  BROSNAN.  I  only  desired  to  have  the 
section  read  in  order  to  be  able  to  vote  intelli- 
gently on  the  preceding  section. 

Mr.*  HAWLEY.  I  will  suggest  to  the  chair- 
man whether  it  would  not  be  better  to  strike 
out  the  first  sentence  of  Section  1,  which  seems 
to  be  merely  in  the  nature  of  a  preamble.  Will 
the  Secretary  read  it  ? 

The  SECRETARY  read,  as  follows  : 

"The  State  owes  the  children  thereof  tuitional 
facilities  for  a  substantial  education,  aud  is  entitled  to 
exact  attendance  therefrom,  in  return,  ui^on  such  edu- 
cational advantages  as  it  may  provide." 

Mr.  HAWLEY.  I  know  that  the  provision 
of  the  former  Constitution,  making  it  compul- 
sory on  parents  to  send  their  children  to  school, 
met  with  a  great  deal  of  opposition.  And  for 
myself  I  certainly  consider  it  entirely  at  vai'i- 
ance  with  the  spirit  of  our  institutions.  Now 
inasmuch  as  the  language  of  that  portion  of 
the  section  seems  to  assert  the  same  doctrine, 
and  inasmuch  as  it  is  in  fact  at  variance  with 
the  provision  contained  in  the  second  section, 
as  reported,  with  all  respect  to  the  committee  I 
will  move  to  amend  by  striking  out  that  clause, 
and  also  the  word  "  therefore  "  in  the  succeed- 
ing clause,  so  that  the  section  will  commence — 
"  The  Legislature  shall  encourage  by  all  suita- 
ble means,"  etc. 

Mr.  C(JLLINS.  The  chairman  of  the  com- 
mittee certainly  has  no  objection  to  striking  out 
that  language,  although,  in  his  opinion,  it  only 
expresses  the  true  doctrine. 

Mr.  DUNNE.  Although  I  shall  be  in  favor  of 
striking  out  that  preamble,  yet  it  will  nul  be 
for  the  reason  which  has  been  assigned,  of  dis- 
carding the  idea  of  exacting  the  attendance  of 
children  on  the  schools.  I  believe  that  should 
be  done,  and  I  believe  the  provision  should  be 
substantially  the  same  as  in  the  former  Consti- 
tution, but  with  some  amendments,  which  are 
obviously  necessary.  In  order  to  reach  that 
end.  I  will  make  a  motion  that  we  pass  over 
the  section  for  the  present. 

Mr.  COLLINS.  I  will  state  the  reason  for 
the   insertion   of  that   preamble.     In    the  first 


place,  let  me  suggest  to  the  Convention  that  it 
only  declares  the  right  of  the  Legislature  to 
exact  attendance  u))oii  school—  some  school.  It 
does  not  say  that  children  shall  be  coiiii)elled 
to  attend  the  public  school,  but  that  the  Stale 
has  the  right  to  exact  attendance  upon  such  ed- 
ucational advantages  and  facilities  as  may  be 
provided.  The  Constitution  frami-d  last  year, 
which  forms  the  basis  of  our  action,  declared 
that  all  children  should  be  re((uii('<l  to  attend 
school  at  least  three  months  in  each  year,  but 
that  provision  has  been  removed,  and  we  pro- 
pose instead  to  give  the  Legislature  permission 
to  make  laws  providing  for  and  encouraging 
a  general  attendance  at  school.  It  seems  to 
me  that  if  the  Legislature  should  have  tliat  right, 
then  this  preamble  is  c(UTect,  and  if  not.  then 
the  preamble  has  no  business  here.  I  am  not 
tenacious  about  it,  myself,  however,  though  I 
really  think  there  should  he  some  provision 
by  which  the  children  of  the  State,  growing  up 
to  be  men  and  women,  should  have  the  privi- 
lege secured  to  them  of  attending  school — that 
they  should  even  be  required  to  attend  school 
somewhere.  We  have  no  right,  and  we  cannot 
afford  to  allow  children  to  grow  up  in  igno- 
rance. The  public  is  interested  in  that  mat- 
ter, and  it  is  one  of  too  great  importance  to 
be  neglected.  Even  if  parents  are  too  parsi- 
monious to  send  their  children  to  school,  or  for 
other  reasons  are  indisposed  to  give  them  the 
educational  advantages  which  the  State  has 
been  at  great  expense  to  offer,  I  do  not  think 
the  public  can  afford  it.  My  opinion  is,  there- 
fore, that  it  is  the  duty  of  the  State  to  furnish 
the  children  the  means  of  education,  and  then, 
as  a  corollary,  if  it  is  the  duty  of  the  State  to 
furnish  tuitional  facilities,  it  is  the  duty  of  the 
children  to  attend  upon  them.  There  are  many 
children  who  are  daily  squandering  their  time, 
aud  what  is  far  worse,  contracthig  habits  which 
will  ultimate  in  crime  in  sonu'  form,  and  if  we 
shall  adopt  some  provision  Ijy  wliicli  tlu'  author- 
ities can  exact  their  attendance  ui)on  the  schools, 
they  may  be  saved  from  an  evil  destiny,  and  the 
State  will  certainly  be  the  better  for  it. 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Hawley,  and  it  was  agreed  to. 

Mr.  CHAFIN.  The  striking  out  of  the  word 
'•therefore,"  follows,  as  a  matter  of  c jurse.  I 
suppose  ? 

The  CHAIRMAN.  It  will  be  considered  as 
a  part  of  the  amendment  adopted. 

TERM    OK   SLPEiaXTENDENr. 

Mr.  BROSNAN.  I  move  to  furtlier  anu-nd 
the  section  by  filling  the  l)lank  in  relalion  to  the 
term  of  the  office  of  the  Superintendent  oM'ub- 
lic  Instruction  with  the  word  "  first,"  so  as  to 
read,  "  whose  terra  of  office  shall  be  two  years 
from  the  first  day  of  Janiuiry,  18()")."  etc. 

Mr.  JOHNSON.     Ferhajis  it  would  be  l)etter 
to  nuUve  it  read  the  first  Monday  of  January 
Then  it  will  correspond  with  the  terms  of  the 
other  officers  of   the  Executive  Department  of 
the  Government. 


568 


EDUCATION. 


[16th  day; 


Thui-sday,]        Brosxax— Johnson— Waewick— Collins— McClinton—Hawley.  [July  21. 


Mr.  BROSNAN.  It  will  be  necessary  to  use 
the  words  ••  commonciug  on.'' 

Mr.  JOHNSON.  No  ;  not "  coinmonciug  on." 
The  tei-ins  of  the  otlier  officers  commence  on 
Tiiesdav  ;  if  you  say  "fi-om  the  first  Monday," 
the  term  will'commence  on  Tuesday,  like  other 
urticers. 

Mr.  BROSNAN.  Very  well ;  then  let  it  read 
"from  the  first  Monday  in  January." 

The  question  was  taken  on  the  amendment 
as  modified,  and  it  was  adopted. 

The  question  was  taken  on  the  adoption  of 
Section  1  as  amended,  and  it  was  adopted. 

SECTAKU.X   INSTRUCTIOX. 

The  SECRETARY  read  Section  2,  as  follows  : 

Sec.  2.  The  Legislature  shall  provide  for  a  uniform 
system  of  common  schools,  by  which  a  school  shall  be 
established  and  maiutained  in  each  school  district,  at 
least  six  months  in  every  year;  and  any  school  district 
neglecting  to  establish  and  maintain  such  a  school,  or 
which  shall  allow  instruction  of  a  sectarian  character 
therein,  may  be  dein'ived  of  its  ijroportion  of  the  inter- 
est of  the  i>ubhc  school  fund  during  such  neglect  or 
infraction,  and  the  Legislature  may  isass  such  laws  as 
will  tend  to  secure  a  general  attendance  of  the  children 
in  each  school  district  upon  said  XJubUc  schools. 

Mr.  WARWICK.  Will  the  Chairman  of  the 
cominittee  explain  a  little,  as  to  what  is  meant 
here  l)y  "sectarian?"  It  says  that  any  school 
<listriet  ••  which  shall  allow  instruction  of  a  sec- 
tarian character  therein,  may  )»e  deprived  of 
its  proportion  of  the  interest  of  the  public  school 
fund,'  etc.  Does  that  mean  that  they  have  no 
right  to  maintain  Catholic  schools,  for  example  ? 

Mr.  COLLINS.  This  provision  has  reference 
only  to  public  schools,  organized  under  the 
gi'neral  laws  of  the  State.  It  is  not  to  be  sup- 
posed that  liie  laws  enacted  under  it  Avill  stand 
in  the  way  of,  or  prevent  any  Catholic  school 
from  l)eing  organized  or  carried  on  ;  but  the 
provision  prevent.s  the  introduction  of  sectari- 
anism into  the  public  schools. 

Mr.  WARWICiv.  That  is  entirely  proper,  but 
it  sei'Hi<  to  nu!  tliat  it  might  better  be  worded  a 
littlt' ditfercnlly.  It  says,  "which  shall  allow 
instruction  of  a  sectarian  character  therein  " — 
not  in  the  school,  but  in  the  district.  I  do  not 
suppose  that  is  the  intention. 

Mr.  COLLINS.  Vou  will  find  that  it  has  ref- 
erence only  to  public  schools,  and  to  tlu'  appro- 
priation of  the  piiljlic  funds.  W  they  permit 
sectarian  ini'sturlion,  they  are  dc^jirived  of  the 
use  of  the  public  funds,  tio  that  it  has  direct 
reference  to  the  public  schools,  and  clearly  can- 
not refer  to  anything  else. 

Mr.  W'.VRW'IClv.  I  would  like  to  examine 
that  a  little  more  carefuUv. 

Mr.  M(;CL1NT(JN.  I  tliink  all  the  objection 
can  be  easily  obviated,  and  leave  tiie  section 
substantially  as  it  is,  by  making  a  very  sligiit 
change.  Suppose  we  say,  "  in  the  puljlic 
schools  of  said  district." 

Mr.  W'AiaVICK.  That  is  the  idea,  exactly. 
It  .x-cms  to  me.  as  it  n  iw  reads — and  the  gen- 
ih-mun  will  correct  me  if  I  am  wrong — tluit  it 
is  not  in  the  school,  but  in  the  school  district 


that  shall  establish  or  allow  instruction  of  a 
sectarian  character,  that  this  penalty  is  to  be 
applied.     It  says  : 

"And  any  school  district  neglecting  to  establish  and 
maintain  such  a  school,  or  which  stiall  allow  instruc- 
tion of  a  sectarian  character  therein,  may  he  depriv- 
ed," etc. 

The  word  "  district "  evidently  governs  the 
sentence,  and  that  is  where  the  change  ought 
to  be  made,  so  that  the  prohibition  of  sectarian 
instruction  may  apply,  not  to  the  districts,  but 
to  the  schools. 

Mr.  McCLINTON.  I  will  make  a  motion  to 
amend  the  section  by  striking  out  the  word 
"  therein,"  and  inserting  instead  the  words,  "  in 
the  public  schools  of  said  district." 

Mr.  HAWLEY.  I  wish  to  inquire  of  the  gen- 
tleman from  Lander  whether  he  imagines  that 
the  language  of  the  section  as  it  now  stands 
would  make  any  difference  in  regard  to  pay- 
ments of  the  school-money,  under  the  law,  in  a 
case,  for  instance,  where,  under  the  laws  of  the 
State,  parties  may  have  organized  a  Catholic 
school,  entirely  separate  and  distinct  from  the 
imblic  schools?  Does  the  gentleman  think  that 
the  mere  fact  of  the  existence  of  that  Catholic 
school  in  the  district  could  have  any  possible 
influence  in  preventing  the  payment  of  the 
school-money  under  the  law  ?  In  other  words, 
I  ask  him  whether  he  believes  that  any  school 
district  could  be  held  responsible  for  the  action 
of  private  parties,  in  organizing  sectarian  schools 
within  such  district  ? 

Mr.  WARWICK.  No,  sir  ;  that  would  be 
manifestly  unjust,  and  that  is  the  reason  why  I 
want  this  amendment.  I  do  not  want  the  school 
district  to  lose  on  account  of  the  establishment 
of  a  Catholic  school,  a  Methodist,  a  Baptist,  or 
any  othei'  school,  and  therefore  I  say  the  lan- 
guage should  be  such  as  will  not  be  open  to 
the  slightest  imputation  of  that  construction. 

Mr.  IIAWLEY.  Very  well :  I  will  consent 
to  the  amendment,  so  far  as  I  am  concerned. 

Mr.  COLLINS.  I  wish  to  call  the  attention 
of  the  Convention  one  moment  to  the  language 
of  the  section  as  it  now  stands.  I  desire  to 
make  any  change  that  will  be  an  improvement, 
but  if  the  sentence  is  already  clear,  we  should 
cei'tainly  take  care  to  avoid  tautology.  Now  I 
will  read  the  section  again,  and  emphasize  the 
words  as  I  think  they  ought  to  be,  and  gentle- 
nuMi  will  see,  I  think,  that  a  multiplication  of 
those  i)hrases  is  scarc(dy  necessary,  and  cer- 
tainly it  would  not  sound  very  well.  If  we  can 
secure  the  same  sense,  without  a  change  of 
phraseology  that  would  destroy  the  euphony 
of  the  sentence,  we  should  certainly  do  so.  in 
accordance  with  the  laws  of  composition.  Now 
let  us  see  how  it  should  read  : 

"  The  Legislature  shall  jirovide  for  a  uniform  system 
of  common  sclioit/s,  l)y  wliich  a  school  shall  be  estab- 
lished and  maintained  in  each  school  district,  at  least 
six  months  in  every  year." 

The  subject  of  the  sentence  is  "  common 
schools,"  and  "  a  school "  to  be  established 
"  in  each  school  district."    These  are  the  words 


16th  day.] 


EDUCATION. 


569 


Thursday,] 


Wabwick — Collins — McClinton — Dunne— Hawley. 


[July  21. 


which  should  receive  the  stress  of  the  voice. 
Then  follows : 

"And  any  school  district  neglecting  to  establish  and 
maintain  such  a  school,  or  which  shall  allow  iustrnction 
of  a  sectarian  character  therein — " 

In  what  ? 

Mr.  WARWICK.    In  the  district. 

Mr.  COLLINS.  No,  sir  ;  in  ■'  such  a  school." 
That  is  the  only  proiier  construction.  If  the 
word  '•  therein "  does  not  refer  to  "  such  a 
school,"  then  I  do  not  understand  the  English 
language. 

Mr.  WARWICK.  If  the  "district  "  does  not 
stand  in  the  nominative  case,  then  I  am  not 
able  to  parse  the  sentence. 

Mr.  COLLINS.  But  what  effect  can  that 
have?  It  only  goes  to  show  that  it  is  the  dis- 
trict which  is  to  be  deprived  of  its  proportion 
of  the  school  fund,  for  ••  district "  is  the  nomi- 
native governing  the  verb  "  deprived."  I 
would  not  object  to  any  change  there  with  a 
view  to  perspicuity,  but  I  really  do  not  think 
this  is  necessary. 

Mr  WARWICK.  If  the  gentleman  thinks  it 
is  correct,  all  right ;  I  hope  the  amendment  will 
be  withdrawn. 

Mr.  MrCLINTON.  I  will  withdraw  it.  I 
merely  offered  it  for  the  sake  of  obviating  any 
possible  objection  of  that  nature  that  might  be 
made. 

COMPDLSORT    ATTENDANCE — AGAIN. 

Mr.  DUNNE.  I  stated  at  the  time  the  amend- 
ment was  proposed,  which  was  subsequently 
adopted,  to  strike  out  a  part  of  Section  1,  that 
I  believed  it  to  be  a  right  which  the  State  has 
to  exact  attejidance  from  the  pupils.  I  be- 
lieve, also,  that  the  only  objection  of  any  con- 
siderable weight  which  was  urged  to  that  com- 
pulsory clause  contained  in  the  Constitution 
submitted  to  the  people  last  year,  was  the  fact 
that  it  made  no  distinction  between  children 
whose  parents  reside  in  populous  places,  where 
there  are  al)undant  facilities  for  sending  them 
to  the  public  schools,  and  those  residing  in  out- 
of-the-way  places  where  it  would  be  very  difii- 
cult  and  sometimes  impossible.  I  think  it 
would  be  a  wise  measure  to  insist,  that  in  in- 
corpt)rated  cities  and  towns,  at  least,  children 
shall  be  compelled  to  attend  school,  and  we 
ought  certainly  to  insert  a  provision  of  that  kind 
in  this  article."  It  is  in  such  places  that  children 
grow  up  surrounded  by  temptations  which  are 
not  to  be  found,  to  the  same  extent,  at  any  rate, 
in  the  rural  districts.  Our  cities  are  always  the 
hot-beds  of  crime,  and  schools  of  vice  for  the 
rising  generation.  It  is  from  the  cities,  and 
from  the  class  of  children  in  them  which  neg- 
lects to  attend  the  public  schools,  that  most  of 
our  criminals  come,  and  I  maintain  that  where 
facilities  for  attending  school  are  afforded,  it 
should  be  made  compulsory  upon  parents  to 
send  their  children.  And  the  reason  why  I 
think  so  is  this :  Ours  being  a  Democratic 
form  of  government,  every  person  upon  arriv- 
ing at  mature  age  who  was  born  in  the  country 


or  has  been  naturalized  according  to  law,  who 
has  not  been  convicted  of  crime,  etc.,  has  a 
voice  in  the  administration  of  the  public  affairs 
of  the  country— in  the  making  and  administi-r- 
ing  of  the  laws — and  I  consider  it  only  a  fair 
proposition  that  he  should  not  have  that  priv- 
ilege unless  he  has  some  knowledge  of  the  nature 
of  the  duties  which  devolve  upon  him.  There- 
fore when  the  State  has  provided  a  system  of 
public  instruction,  a  means  of  obtaining  educa- 
tion, it  should  also  require  that  all  who  are  to 
become  its  citizens,  and  take  part  in  the  forma- 
tion of  its  laws,  shall  avail  themselves  of  those 
means,  or  go  so  far  at  least  as  to  know  how  to 
read  and  write. 

Mr.  HAWLEY.  So  far  as  towns  and  cities 
are  concerned,  I  am  not  aware  that  I  should 
very  strenuously  object  to  such  a  requirement, 
but  there  is  one  question  which  I  have  not 
heard  satisfactorily  answered,  and  that  is,  what 
are  the  means  by  which  attendance  is  to  be 
compelled  ? 

Mr.  DUNNE.  That  is  a  question  which  has 
received  its  solution  in  many  countries. 

Mr.  HAWLEY.  I  know  it  has  in  Prussia,  but 
where  else  ? 

Mr.  DUNNE.  In  Scotland,  also.  Whether 
it  has  been  done  in  any  of  the  United  States,  I 
do  not  know  ;  but  I  see  no  difficulty  in  the  way 
of  providing  that  between  the  ages  of  six  and 
fourteen  years,  for  example,  all  children  shall 
attend  school  at  least  long  enough  to  learn  how 
to  read  and  write.  And  I  do  not  think  that  in 
a  country  like  this  any  American  citizen  should 
be  permitted  to  exercise  the  elective  franchise 
unless  he  is  able  to  read  and  write.  That  is  my 
view  of  the  subject,  and  for  the  purpose  of 
testing  the  sense  of  the  Convention.  I  will 
move,  when  it  shall  be  in  order,  that  a  special 
committee  of  three  be  appointed  to  prepare 
and  report  an  amendment  providing  that  all 
children   residing    in   incorporated   cities   and 

towns,  between   the   ages   of years,  shall 

attend  the  public  schools  for  at  least  three 
months  in  each  vear. 

Mr.  HAWLEV.  Will  the  gentleman  allow 
me  a  word  or  two  further  in  the  way  of  a  sug- 
gestion? In  drawing  up  this  .article  we  have 
pi-ovided  that  the  Legislature  may  pass  such 
laws  as  are  best  calculated  to  secure  the  at- 
tendance of  children.  My  idea  on  that  subject 
is,  or  was  this :  that  the  most  practicable 
method  of  securing  attendance  would  be  to 
pass  a  law  providing  that  unless  a  certain  pro- 
portion of  the  children  in  each  district  shall 
attend,  the  district  shall  be  deprived  of  its  pro- 
portion of  the  interest  on  the  school-money. 
The  result  of  that  would  be  that  inxrents  would 
feel  more  interest  in  having  a  full  attendance, 
and  would  take  it  upon  themselves  to  visit 
those  who  are  less  careful,  and  urge  them  to 
send  their  children.  By  that  means,  I  think 
the  interests  of  education  would  be  best  sub- 
served and  promoted.  And  the  ([uery  arises, 
in  my  own  mind  at  all  events,  whether  under 
that  general  provision  authorizing  the  Legisla- 


570 


EDUCATION. 


[16th  day. 


Thursday,] 


Dunne — Collins. 


[July  21. 


tare  to  niako  such  hiws  as  are  best  calculated  1 
to  secure  attcudunce,  it  would  not  be  author- 1 
izcd  evea  to  pass  a  law  which  should  compel 
them  to  attend?  It  seems  to  me  that  if  the 
word  ■•  may  "  is  equivalent  to  the  word  '•  shall,'" 
and  that  i)oint  appears  to  be  very  generally 
conceded,  then  the  Legislature  already  has  all 
the  power  necessary'.  I  am  free  to  say,  how- 
ever, that  I  believe  the  incorporation  of  the 
]trovision  as  it  stood  in  the  former  Constitution 
would  be  likely  to  array  a  large  class  of  igno- 
rant people  against  the  Constitution,  and  against 
education.  That  is  my  own  view  of  the  mat- 
ter. Still,  I  am  ])erfectiy  content  to  leave  it  to 
the  friends  of  education  in  the  Convention, 
although  I  would  submit  to  the  gentleman 
trom  Humboldt,  whether  under  the  provisions 
of  the  section  as  it  now  stands,  the  Legislature 
would  not  have  the  power  to  compel  attend- 
ance? 

Mr.  DUXXE.  In  regard  to  the  power  con- 
ferred upon  the  Legislature  to  secure  general 
attendance.  I  like  that  provision,  and  so  far  as 
that  is  concerned,  it  is  applic.ible  all  the  year 
round.  I  have  no  doubt  but  that  it  would 
give  power  to  temporarily  suspend  the  attend- 
ance of  children  who  may  not  be  regular  in 
their  attendance,  and  that  would  be  a  great 
step  towards  preventing  irregularity  in  that  re- 
spect. A  question  has  sometimes  been  raised 
as  to  the  legality  of  the  action  of  Boards  of 
Education  where  they  have  attempted  to  com- 
pel scholars  to  be  regular,  and  to  that  end  have 
passed  orders  that  if  a  scholar  is  absent  a  cer- 
tain number  of  ilays  or  weeks  in  a  month,  he 
shall  forfeit  altogether  his  right  to  attend. 
There  have  l)een  doubts  as  to  the  constitutional 
power  of  a  Board  of  Education  to  make  and 
enforce  such  an  order,  and  I  think  this  provi- 
sion wouhl  go  perhaps  no  further  than  to  give 
jiower  and  force  to  an  ordinance  providing 
that  unless  a  scholar  is  somewhat  regular  in 
his  attendance,  he  may  forfeit  his  right  to  re- 
main in  the  school.  But  that  is  not  the  class 
which  I  wisii  to  reach.  I  am  aiming  to  reach 
tiiat  class  which  does  not  attend  at  all ;  to  reach 
those  parents  who  keep  their  children  away 
for  selfish  motives,  who  take  them  away  from 
scliool  in  order,  perliaps.  that  they  may  earn  a 
little  money,  and  so  deprive  them  of  tiie  ad- 
vantages ot  education.  I  could  not  let  this 
matter  pass  witiiout  bringing  it  to  the  attention 
of  the  Convention,  and  I  propose  merely  to 
test  the  sense  of  the  Convention  as  to  thepro- 
priety  of  requiring  all  cliildren  between  certain 
ages,  to  1)0  s])ecifled.  to  attend  school  at  least 
three  montlis  in  each  vear. 

Mr.  COLLIX.S.  I  .should  dislike  to  have  in- 
corporated cities  and  towns  designated  in  this 
article  as  the  only  places  in  tlie  .Stale  where 
jtarents  are  unwilling  to  send  their  cliildren  to 
school,  or  to  give  them  educational  facilities. 
I  admit  that  th(!  evil  is  as  jirevalent  in  towns, 
pos.-ildy,  as  in  tln^  country,  but  in  many  country 
!)laces  there  is  very  general  neglect  to  jirovide 
good  schools,  and  to  induce  children  to  attend 


them.  Outside  of  cities  and  towns  there  are 
many  men  who  have  themselves  been  I'eared 
without  education,  and  who  look  upon  it  as 
having  a  tendency  to  disqualify  or  unfit  young 
men  and  women  for  hard  work.  Seeing  no 
prospect  before  their  children  but  a  life  of  labor 
like  their  own,  they  regard  education  as  objec- 
tionable on  that  ground  especially.  There  are 
also,  perhaps,  a  good  many  who  retain  their 
children  from  school  on  account  of  inditterence, 
or  from  mercenary  motives.  Many  keep  their 
children  at  hard  work,  or,  worse  than  that,  al- 
low them  to  run  about  in  idleness,  when  they 
ought  to  be  at  school.  I  think,  therefore,  that 
if  the  provision  is  to  be  adopted,  it  should  be 
made  to  extend  further  than  merely  to  embrace 
incorporated  towns.  I  would  have  it  apply  all 
over  the  State,  and  I  am  in  favor  of  every  ap- 
pliance that  can  properly  and  justly  be  brought 
to  bear  upon  the  whole  community,  to  exact 
from  them  such  obedience  to  the  requirements 
of  the  laws  of  the  State  as  shall  give  to  every 
child  in  the  State  some  kind  of  education.  If 
a  parent  is  di.sposed  to  send  his  children  to 
other  than  a  public  school,  or  to  bring  a  gov- 
erness or  tutor  into  his  own  house  to  instruct  his 
children,  I  see  no  objection  to  it,  and  the  pro- 
vision, of  course,  would  not  affect  those  cases  ; 
but  where  there  is  indisposition  on  the  part 
of  parents,  whether  resulting  from  their  own 
ignorance,  inditterence,  or  avarice,  the  Board 
of  Education  should  have  some  means  of  ex- 
acting the  attendance  of  the  children. 

But  I  would  not  confine  it  to  cities  and 
towns.  I  would  go  out  into  the  settlements — 
into  your  agricultural  valleys,  for  example — 
where  will  be  found  the  greatest  amount  of 
neglect  and  indifference.  It  is  not  in  the  large 
cities  that  you  are  most  likely  to  encounter 
these  evils.  The  best  schools  on  the  globe  are 
found  in  the  large  cities  of  Europe  and  the 
United  States.  In  the  large  towns  is  where 
schools  always  flourish,  and  they  are  supported 
and  attended  by  all  classes,  more  or  less ;  but 
in  the  agricultural  districts,  in  the  remote  and 
sparsely  settled  portions  of  the  State,  the  in- 
fluences which  are  most  favorable  for  the  i)ro- 
raotion  of  the  cause  of  education,  are  not  so 
active,  nor  so  much  felt.  There  is  not  the  same 
contact  of  mind  with  miiul,  men  are  not  so 
much  stimulated  by  ambition,  and  they  do  not 
so  much  value  or  appreciate  the  advantages  of 
education,  because  they  do  not  see  so  much  of 
its  influences  upon  the  individual,  the  family, 
or  the  public  at  large.  I  was  very  reluctant,  in 
committee  yesterday,  to  accept  the  proposition 
to  remove  the  clause  requiring  compulsory  at' 
tendance  of  children  on  the  schools,  and  I  shall 
be  perfectly  willing  to  confer  on  the  Legisla- 
ture the  power  to  exact  attendance  by  law,  at 
such  times  aiul  in  such  ])laces  as  may  be  deemed 
expedient.  1  know  that  in  Virginia  we  suffer 
very  much  for  the  want  of  such  a  power,  and 
j  if  the  Hoards  of  Education  had  power  to  exact 
attendance  for  three  months  or  six  months  in 
I  the  year,  it  would  be  a  great  advantage  to  the 


IPth  day.] 


EDUCATION. 


571 


Thursday,] 


Warwick— Collins— McClintox. 


[July  21. 


Territory.  I  know  of  many  instances  wliere  it 
jivould  have  an  extremely  beneficial  influence, 
and  1  am  in  favor  of  extending  it  all  over  the 
State.  Rather  than  confine  it,  however,  to  par- 
ticular places.  1  would  prefer  to  let  the  section 
remain  as  it  is.  Then  if  the  Board  of  Educa- 
tion of  Storey  County  asks  for  such  power,  the 
Legislature  may  grant  it.  and  the  good  influence 
arising  therefrom  will  shine  and  reflect  ui)on 
other  localities,  until  they  in  their  turn  seek  to 
secure  the  same  advantnges. 

Mr.  WARWICK.  I  think  there  are  some  sub- 
jects which  are  justly  and  properly  objects  of 
legislation,  and  among  them,  one  of  the  most 
worthy  is  that  of  education.  But  while  we 
are  legislating  on  that  subject,  do  not  let 
us  forget  that  we  are  living  in  a  Republic,  that 
a  mans  house  is  his  castle,  and  that  in  it  he  has 
a  perfect  right  to  exercise  full  authority  and 
control  over  his  children  —  to  send  them  to 
school,  or  to  keep  them  at  home,  just  as  he 
pleases.  The  very  character  of  our  free  insti- 
tutions forbids  this  ijroposed  interference  with 
the  private  rights  of  the  citizen.  No  man  de- 
sires to  promote  the  general  interests  of  educa- 
tion more  than  I  do  ;  no  man  is  more  anxious 
to  have  his  own  children  educated  than  I  am  ; 
but  I  really  think  we  are  forgetting  t]ie.si>irit  of 
our  institutions  when  we  are  seeking  to  compel 
our  fellow-citizens  to  send  their  children  to 
the  jjublic  schools.  The  moment  we  invade 
the  home  of  any  man,  telling  him  that  he 
must  do  this,  and  must  not  do  that,  seeking 
to  make  men  good  according  to  our  notions 
of  goodness,  we  are  traveling,  in  my  opinion, 
out  of  the  line  of  otir  duty,  and  departing 
from  the  fundemental  principles  of  our  Repub- 
lican form  of  government.  I  repeat,  that  the 
very  spirit  of  our  American  institutions  is  in 
opposition  to  this  proposition.  We  are  not 
living  here  under  a  I'russian  monai'chy. 

Besides,  it  seems  to  me  that  such  a  measure 
is  entirely  unnecessary,  because  the  spirit  and 
temper  of  our  people  is  quite  suflicient  for  all 
that  gentlemen  are  aiming  at.  Here  and  there 
a  man  may  be  found  who  would  keep  his  chil- 
dren at  home,  and  deny  them  the  privileges  of 
education,  but  these  cases  are  the  rare  excep- 
tions, so  rare  as  scarcely  ever  to  require  being 
looked  after  Ijy  the  law-maker.  We  are  legis- 
lating here  for  general  principles,  not  special 
or  exceptional  cases,  and  1  sincerely  trust  that 
we  shall  not  adopt  any  provision  which  will 
allow  a  little  body  of  men,  assembled  here  to 
legislate  for  the  State,  to  undertake  to  compel 
men  to  do  that  which  only  one  government  in 
the  world,  and  that  a  monarchy,  ever  has  had 
the  courage  to  compel. 

Mr.  COLLINS.  Let  me  ask  the  gentleman  a 
question.  Suppose  a  boy  brought  up  in  igno- 
rance, in  consequence  of  such  breeding,  com- 
mits a  felony.  If  he  is  convicted,  his  imprison- 
ment of  course  involves  a  charge  to  the  State. 
Now  which  is  the  l>etter  investment  for  the 
State,  to  instruct  him  or  to  imprison  him? 

Mr.  WARWICK.     To   instruct   him,   by  all 


means.  But  Pagans  are  scarce.  Men  who  train 
their  children  to  crime,  thank  God,  are  not  nu- 
merous. It  may  be  that  here  and  there  a  father 
or  a  mother  may  err  in  regard  to  the  advant- 
ages of  education,  but  that  evil  is  not  commen- 
surate with  the  evil  we  should  do  by  a  palpable 
violation  of  the  spirit  of  American" free  institu- 
tions. Let  us  not  do  evil  that  good  may  come. 
If  this  may  be  done,  we  may  advance  step"  by  step 
in  our  encroachments,  uiitil  )»y  and  by  every 
right  and  privilege,  now  the  pride  of  the  Ameri- 
can citizen,  will  be  lost  and  destroyed.  It  is  not 
by  such  means  that  morality,  virtue,  and  religion 
are  advanced  in  the  world.  They  are  encour- 
aged and  promoted  by  a  wholly  different  pro- 
cess. Compulsory  laws,  enacted  for  the  pur- 
pose of  their  advancement,  never  have  been 
found  to  work  well  in  practice,  in  any  commu- 
nity, and  ultimately,  in  the  advancement  of  all 
those  principles,  the  great  apostles  of  reforma- 
tion in  every  age  and  nation,  after  the  trial  of  all 
other  means,  have  been  compelled  to  fall  back 
on  the  great  lever  of  moral  suasion.  You  cannot 
enact  law'S  to  compel  the  education  of  the  peo- 
ple, because  the  very  spirit  and  foundation  of 
our  institutions  are  against  it  in  principle.  I 
should  be  sorry  to  see  any  article  or  section  in- 
corporated into  the  fundamental  law  of  our 
new  State,  whereby  any  of  these  matters  might 
be  rendered  compulsory  upon  the  people.  I 
have  always  looked  with  disfavor  upon  every 
description  of  sumptuary  laws.  Laws  to  enforce 
temperance,  or  compel  virtue  in  any  respect, 
are  bad  in  principle,  and  bad  in  practice.  You 
cannot  legislate  people  into  virtue.  Other  means 
have  to  be  resorted  to  in  the  end,  and  they 
are  found  to  be  potent  enough  in  our  time  to 
carry  on  all  those  great  works  of  reformation 
and  advancement.  I  sincerely  trust  the  propo- 
sition suggested  by  the  gentleman  from  Hum- 
boldt will  not  be  incorporated  into  our  Con- 
stitution. 

[The  President  in  the  chair.] 

Mr.  McCLINTON.  I  do  not  believe  there  is 
any  gentleman  on  this  floor  who  has  a  higher 
appreciation  of  the  benefits  to  be  derived  from 
a  good  system  of  common  schools  than  I  have. 
I  had  the  honor  to  graduate  in  the  chimney 
corner,  by  the  fire-light  in  my  father's  little,  old 
log  cabin,  and  I  feel  the  want  of  a  polite  and 
classical  education.  I  am  willing,  therefore,  to 
do  all  I  can  to  encourage  common  schools  ;  all 
I  can  for  the  encouragement  of  every  species 
of  educational  improvement,  and  morality  ;  but 
I  am  not  willing  to  carry  my  own  desires  so  far 
as  to  bring  them  in  conflict  with  what  I  con- 
sider one  of  the  fundamental  i)rinciple_s  of  our 
government.  I  cannot  resist  the  conviction  in 
my  own  mind,  that  the  proposition  to  compel 
parents  to  send  their  children  to  our  public 
schools,  or  to  any  other  schools,  is  inimical  to 
the  spirit  of  our  "Republican  institutions. 

And  I  am  opposed  on  other  groiuuls.  also,  to 
the  proposed  amendnrent  of  the  gentleman 
from  Humboldt.  If  we  say  that  in  incorjjorated 
cities  and  towns  we  will  compel  parents  to  send 


572 


EDUCATION. 


[leth  daj. 


Thursday.]   Duxne— Chairman— Warwick— Banks— McCll\ton—Cuapix—Lockwo(  )I).    [July  2 1 . 


their  children  to  school,  we  certainly  make  an 
invidious  distinction  in  favor  of  people  residing 
in  the  country,  and  thiit  would  be  a  palpable 
violaiion  of  the  broad  i)rinei])les  whieh  we  in- 
tend to  lay  down  and  establish,  or  which,  un- 
questionably, we  ought  to  implant  in  our  fun- 
damental law.  I  believe  that  education  is  a 
proper  subject  of  legislation,  but  we  should 
merely  mark  out  here  a  sort  of  ovitline  of  the 
course  which  we  intend  the  Legislature  to  pur- 
sue on  that  subject,  and  then  leave  the  rest  to 
the  wisdom,  intelligence,  and  patriotism  of  those 
legislators,  who.  we  may  be  permitted  to  pre- 
siinie.  will  be  not  only" as  wise,  but  as  earnest 
and  zealous  in  the  cause  of  education  as  we 
ourselves.  For  these  reasons.  I  hope  that  the 
gentleman's  proposition  to  refer  the  subject  to 
a  special  committee,  with  instructions  to  add 
sucli  a  ])rovision,  will  not  be  adopted. 

Mr.  DUNNE.  With  the  consent  of  the  com- 
mitt(^e  1  will  withdraw  the  motion  I  made,  inas- 
much as  it  is  not  comijetent  for  the  Committee 
of  the  Whole  to  appoint  a  sjiecial  committee, 
and  instead  I  will  otter  an  amendment,  which  I 
have  prepared  and  sent  up  to  the  desk. 

The  SECRETARY  read  the  amendment,  as 
follows : 

"Provided,  That  the  Legislatvire  shall  have  the  pow- 
er to  pass  such  laws  as  shall  make  it  compulsory  with 
parents  and  guardians  that  all  white  children  under 
their  charge,  between  the  ages  of  six  and  fourteen 
years,  residing  in  iucori^orated  cities  or  towns,  shall 
receive  educational  instruction  for  at  least  three 
mouths  in  each  year,  unless  physically  or  mentally 
incapacitated." 

The  CHAIRMAN.  I  hope  the  gentleman  will 
leavi-  out  the  word  '•incor])orated."  There  are 
but  two  or  three  incorporated  cities  or  towns  in 
the  Territory,  I  believe.  This  city  is  not  incor- 
porated. 

Mr.  WARWICK.  I  wish  to  make  one  inquiry. 
Does  the  gentleman  mean  to  give  to  negroes 
lai-ger  lilierly  than  he  does  to  whites?  It  seems 
tliat  wliite  ])eople  ai'e  to  be  compelled  to  send 
their  children  to  school,  while  the  negroes  are 

lUJt. 

Mr.  DUNNE.  I  will  reply  that  my  object  is 
to  make  such  provision  in  regard  to  education 
that  those  who  are  entitled  to  vote,  may  vote 
intcdligently  :  but  I  do  not  mean  by  any  action 
of  nunc  to  allow  negroes  to  vote. 

Mr.  J5.\NKS.  If  we  leave  this  clause  out  en- 
tirely, will  not  the  Legislature  still  have  the 
power,  as  a  reserved  right,  to  pass  such  a  law? 
It  seems  to  me  they  would  have  that  power 
without  our  saying  anything  more  about  it,  and 
therefore  this  amendment  simply  enables,  not 
requires,  the  Legislature  to  do  what  I  think 
they  already  have  the  right  to  do. 

liefoi'i;  I  sit  down,  I  wish  to  suggest  a  slight 
verbal  amendment  in  the  section  as  reported. 
It  reads — '•  tiuid  to  secure  a  general  attend- 
ance." etc.  It  seems  to  me  it  should  read  '-the 
general  attendance,"  instead  of  "a."  That 
would  be  in  accordance!  with  the  rules  of  gram- 
mar, which  we  certainly  ought  not  to  ignore  in 
this  article. 


Mr.  McCLINTON.  I  believe  the  Legislature 
has  already  as  much  power,  in  relation  to  com- 
pelling the  attendance  of  children  in  the  schools, 
as  this  Convention  ought  to  confer. 

The  CHAIIIMAN.  I  under-stood  the  gentle- 
man from  Humboldt,  last  on  the  floor,  to  sug- 
gest an  amendment  to  correct  the  grammar  of 
the  original  section.  It  certainly  would  be  a 
bad  jilace  to  ignore  the  rules  of  grammar  in 
the  educational  feature  of  our  Constitution. 

Mr.  BANKS.  1  merely  say  I  think  tlie  word 
"the  "would  be  more  appropriate  there  than 
"a." 

Mr.  DUNNE.  In  reply  to  my  colleague's  re- 
marks, I  have  only  to  say  that  in  my  judgment, 
unless  we  delegate  this  power  expressly  to  the 
Legislature,  they  will  iu)t  have  it.  because  all 
the  rights  and  powers  which  are  not  granted 
are  reserved  to  the  people. 

Mr.  CHAPIN.  I  hope  this  amendment  will 
not  prevail,  because  without  it  the  Legislature 
will  undoubtedly  have  the  right  to  enact  such 
laws  under  the  language  already  contained  in 
the  section.     It  says  at  the  end  of  this  section  : 

"And  the  Legislature  may  pass  such  laws  as  will 
tend  to  secure  a  general  attendance  of  the  children  in 
each  school  district  upon  said  public  schools." 

That  is  ample  to  cover  the  whole  ground. 
The  Legislature  has  that  right  already,  and  I 
believe  there  is  pro])riety  in  it ;  and  I  do  not 
think  it  will  be  any  tres])ass  or  infringement 
upon  democratic  rights,  either,  to  exercise  that 
power.  I  think  we  should  leave  the  section 
just  as  it  is,  for  the  whole  ground  is  amply 
covered. 

Mr.  LOCKWOOD.  I  wish  to  say  a  few  words, 
merely  to  throw  out  a  suggestion  to  the  gentle- 
man from  Humboldt  who  j)ropose8  this  amend- 
ment.' I  have  had  some  little  experience  in 
schools  in  California,  and  I  know  there  is  a 
class  of  persons  to  whom  such  a  provision 
would  be  extremely  repugnant.  I  have  seen 
persons  so  bigoted  in  their  religious  faith — as, 
for  example,  the  Roman  Catholics,  although  I 
do  not  mean  to  nunition  them  invidiously — that 
they  would  claim  that  all  the  public  schools 
were  sectarian,  and  rather  allow  their  children 
to  grow  up  in  ignorance  than  attend  them. 
Now  the  question  is,  it  seems  to  me,  whether  or 
not  it  is  better  for  the  State  to  violate  the  preju- 
dices of  this  class  of  persons,  even  for  what  we 
believe  to  b(!  their  own  good  ? 

Mr.  DUNNE.  This  auieiulmeut  does  not  pro- 
pose to  compel  attendance  on  the  public  schools 
at  all  ;  it  proposes  merely  to  require  that  all 
children  shall  receive  educational  instruction 
to  a  certain  extent,  each  year,  and  the  parents 
may  send  them  to  school  wherever  they  please. 
The  ol)jection  suggested  by  the  gentleman  from 
Crmsby,  therefore,  does  iu)t  apply. 

Mr.  LOCKWOOD.  I  think  we"have  cases  in 
point  right  lun-e  in  town.  We  have  no  sectarian 
schools,  but  ther(!  may  be  a  Baptist,  a  Presby- 
terian, or  a  Catholic,  perhaps,  who  conscien- 
tiously believes  that  it  is  better  not  to  educate 
his  children  at  all,  than  to  place  them  in  our 


16tli  day.] 


EDUCATION. 


573 


Thursday,] 


DuxNE — Frizell—  Collins. 


[July  21. 


public  schools.  Now  the  question  is,  shall  we. 
on  account  of  such  religious  prejudices,  suffer 
children  to  grow  up  in  ignorance  in  our  midst? 
Tlie  operation  of  our  form  of  government,  and 
the  principles  upon  which  it  is  based,  have 
been  referred  to  in  connection  with  this  sub- 
ject, but  I  will  say  that  I  do  not  see  in  those 
matters  any  particular  bar  to  this  amendment. 
Every  gentleman  knows,  who  is  at  all  acquaint- 
ed with  the  operation  of  religious  or  sectarian 
schools  in  Europe,  that  the  principal  part  of  the 
teaching  is  in  regard  to  matters  of  religious  be- 
lief. 1  think  about  two-thirds  of  the  time  ot 
such  a  school  is  ordinarily  occupied  by  the 
isriests,  or  those  whom  they  regard  as  their 
spiritual  advisers.  They  do  nOt  teach  their 
children  any  of  the  essentials  of  literature  or  the 
arts,  but  they  confine  their  instructions  rather 
to  blinding  them,  as  some  of  us  might  regard 
it,  or  indoctrinating  them  in  their  religions 
creeds,  forms,  and  ceremonies.  Now, s  sir,  I 
do  not  wish  to  do  violence  to  the  conscience 
of  the  humblest  individual  in  the  land,  by 
any  provision  which  we  may  adopt  in  the 
educational  feature  of  our  Constitution,  yet 
there  is  an  opposite  extreme.  I  will  merely 
suggest  this,  however,  that  while  I  Ijelieve  it  is 
a  very  good  thing  for  an  individual  to  attend 
church," and  that  if  everybody  went  to  church 
on  Sunday  very  few  crimes  would  be  committed 
on  that  diiy  ;  yet  I  think  the  gentleman  from 
Humboldt  will  very  readily  agree  with  me  that 
if  it  were  proposed  to  adopt  a  proposition  in 
our  Constitution  compelling  everybody  to  at- 
tend church  on  the  Sabbath,  it  would  not  be 
santioned  by  a  vote  of  this  body. 

Mr.  DUNNE.  One  word  only,  in  regard  to 
the  Prussian  system  which  has  been  spoken  of, 
and  the  time  which  the  gentleman  from  Ormsby 
(ilr.  Lockwood)  thinks  is  taken  up  in  religious 
instruction  in  schools  of  the  class  he  has  referred 
to.  This  amendiuent  has  nothing  to  do  with  the 
Prussian  system,  but  there,  as  I  understand,  the 
usual  school  instruction  is  kept  entirely  separ- 
ate from  religious  instruction,  and  not  allowed 
to  conflict  with  it  in  any  way.  Every  parent 
who  wishes  religious  instruction  for  his  chil- 
dren, is  required  to  register  his  name  and  creed, 
and  at  certain  hours  each  day.  set  apart  for  that 
pupose,  each  child  is  instructed  in  the  religious 
tenets  of  that  creed.  It  does  not  interfere  at 
all  with  the  secular  branches  of  education 
taught  in  those  schools. 

Mr.  FRIZELL.  No  man  can  more  fully  ap- 
preciate the  excellent  motives  of  gentlemen 
who  advocate  the  amendment,  than  I  do.  It 
appears  that  this  same  object  which  they  are 
now  endeavoring  to  reach,  has  in  past  years 
been  the  subject  of  discussion  very  frequently 
in  other  States.  Now,  sir,  writers  on  the  sub- 
ject of  crime  tell  us,  and  others  who  are  not 
writers  are  willing  to  admit  it,  that  ignorance 
is  the  parent  of  crime.  Therefore  it  follows 
that  if  we  can  by  law  establish  any  system  that 
will  either  induce  or  compel  parents  to  edu- 
cate their  children,  it  will  do  very  much  to- 


wards preventing  crime,  and  consequently  will 
be  a  good  Ihing  for  the  State.  But,  not  only 
various  objections  to  the  practicability  of  the 
measure  proposed,  l)ut  also  the  very  spirit  of 
our  institutions,  appear  to  stand  m  the  way. 

Put  what  I  wished  to  call  the  attention  of  the 
Convention  to  more  esi)ecially,  is  the  fact  that 
there  is  another  question  which  ai'ises  here, 
that  has  not  been  mentioned  by  any  of  the  gen- 
tlemen who  have  occupied  the  floor  on  this 
subject.  That  question  is  the  age  at  which 
children  should  be  sent  to  school.  You  are 
perfV'ctly  well  aware,  Mr.  President,  and  so  is 
every  gentleman  here,  that  people  differ  widely 
in  their  views  in  regard  to  the  physical  educa- 
tion_  and  mental  training  of  tlieir  children. 
During  the  last  fifteen  years  especial  attention 
has  been  turned  throughout  the  United  States 
to  Uie  subject  of  the  jdiysical  development  of 
children.  At  the  present  time  you  will  find  no 
two  parents  out  of  three,  perhaps,  who  would 
not  be  willing  to  send  their  children  to  school, 
even  at  the  tender  age  of  six  years :  and  yet 
there  are  a  great  many  who  prefer  at'  that  age 
to  let  them  play  and  exercise,  and  develop 
their  physical  systems,  for  a  year  or  two  longer, 
it  may  be,  before  going  to  school. 

Now,  sir,  taking  into  consideration  the  many 
barriers  that  stand  in  the  way  of  a  proposition 
of  this  nature,  I  say  that  while  I  would  be  glad 
to  go  with  these  gentlemen,  while  I  appreciate 
their  motives  and  would  approve  of  the  object 
at  which  they  are  aiming,  if  we  could  only 
reach  it,  yet  it  seems  to  me  entirely  impracti- 
cable to  make  any  provision  corapellfng  parents 
to  send  their  children  to  school ;  and  I  object 
especially  to  that  feature  of  the  amendment 
which  relates  to  the  age  of  the  children,  be- 
cause I  know  that  many  parents  are  not  will- 
ing to  allow  their  children  to  attend  school  at 
the  age  of  six  years. 

Mr.  COLLINS.  I  think  the  gentleman  from 
Humboldt  will  find,  upon  a  more  careful  ex- 
amination, that  the  section  already  contains 
language  which  covers  all  the  ground  he  de- 
sires. It  s.ays  the  Legislature  '■  may  pass  such 
laws  as  will  tend  to  secure  a  general  attend- 
ance." There  is  something  sufficiently  elastic 
to  cover  everything  which  has  been  suggested 
during  this  discussion,  to  meet  every  changing 
condition  of  public  feeling  on  the  subject  of 
education.  11  the  Legislature  shall  hereafter 
deem  it  proper  to  enforce  the  attendance  of  all 
scholars  of  a  certain  age,  it  has  the  power  to 
do  so  ;  or  if  the  Legislature,  coming  up  fresh 
from  the  people,  shall  be  imbucMl  with  the  idea 
that  it  is  impracticable  to  make  a  general  enact- 
ment of  that  kind,  but  the  County  of  Storey, 
or  Ormsby,  or  some  other  county,  asks  for  the 
advantages  of  such  a  law.  the  Legislature  has 
power  to  grant  the  request,  and  confer  on  such 
county  the  privileges  solicited.  The  j)rovision 
is  elastic  and  comprehensive,  and  nuiy  lie  adapt- 
ed to  any  want  of  any  ])articnlar  jjortion  of 
the  community,  or  any  conditii)n  of  progress  of 
the   public   mind.      On    the   other    hand,   this 


574 


EDUCATION. 


[iGth  day. 


Thursday.] 


DuxxE — Collins — Hawlbt — ^Banks — Cuosman. 


[July  21. 


amendment  proposed  by  my  friend  from  Hum- 
boldt, is  ijori'mptory  and  inflexible :  and  while 
I  a^M-ee  with  liim  iii  the  jienenil  principle,  and 
belTeve  that  his  amendment  only  provides  for 
carrving  out  a  great  truth,  yet  it  ai)pear.<  to  me 
thatat  The  present  time  it  would  strike  the  pub 
lie  mind  witli  a  degree  of  alarm  and  disa])pro- 
bation.  and  I  am  inclined  to  think  it  would  be 
wiser  to  leave  the  Legislature,  from  year  to 
year,  to  adapt  its  action  to  the  progress  of  pub- 
lic sentiment. 

.Mr.  Dl'XNE.  But  does  not  my  amendment 
leave  it  also  to  the  Legislature  ? 

Mr,  COLLINS.  Yes ;  but  at  the  same  time 
it  makes  an  exaction,  requiring  a  certain  course 
of  action  bv  the  Legislature. 

Mr.  Dl'S'XE.  No,  no!  The  language  is, 
'•that  the  Legislature  shall  have  the  power  to 
pass  such  laws,"  etc. 

;Mr.  COLLINS.  Yes,  sir;  but  it  also  men- 
tions particular  ages,  and  consequently  forbids 
the  enactment  ot'  any  law  specifying  different 
ages,  although  the  Legislature  might  desire  to 
extend  the  limit  fronfsix  to  eight  years.  I  re- 
member that  my  first  child  went  to  school  as 
soon  as  she  could  toddle— almost  as  soon  as  she 
could  speak ;  and  she  learned  her  lessons— 
evervthing  they  undertook  to  teach  her — things 
which  she  forgot  about  as  readily  as  she  learned 
them.  My  oVn  ob.servation  and  experience 
tend  to  the  conclusion  that  education,  such  as 
is  generally  imparted  in  the  common  schools, 
is  not  adapted  to  the  weak  minds  of  young 
children,  and  I  am  strongly  inclined  to  favor 
the  i)lan  of  comliining  physical  and  mental 
training,  something  like  the  system  of  '•  object 
teaching."  I  think  the  time  may  come  when  the 
age  of  eight  years  will  be  generally  regarded 
as  sufficiently  early  to  connnence  the  severe 
system  of  our  schools.  I  think  the  section  as 
it  now  stands  covers  all  the  ground  we  want  to 
cover,  while  my  friend's  amendment  is  alto- 
gether too  definite  and  specific.  That  limits 
the  Legislature  to  a  certain  course  marked  out 
in  advance,  whilst  this  is  expansive  in  its  nature, 
giving  the  Legislature  all  the  power  they  may 
recpiire.  md  only  to-day,  but  perhaps  a  thousand 
years  hence. 

Mr.  HAW'LEY.  I  wish  to  suggest  to  the 
friends  of  tliis  proposition,  whether  it  does  not 
occur  to  them  th;it  par-.-nts  might,  in  some 
cases,  appeal  to  the  law.  and  create  trouble- 
some litigation  on  this  subject.  I  Ijelieve  that 
if  a  l;iw  wen'  pas.-cil  under  such  a  constitu- 
tional jirovision.  to  compel  ))arents  to  send 
tiieir  ciiil(h-en  to  school,  and  if  a  child  were 
taken  from  its  parents  under  the  provisions  of 
such  a  law.  the  parents  would  have  a  rigid  to 
a]»ply  for  a  writ  of  habeas  corpus,  and  under 
that  could  sccui-"'  tlie  release  of  their  child. 
Tiiat  is  one  of  tiie  grounds  upon  winch  I  base 
my  o])position  to  this  amendment.  My  ex])eri- 
ence  is  md  ])erhaps  very  great,  but  ju<lging 
from  what  I  have  ob.served.  I  honestly  Ixdieve 
that  more  can  be  don<!  to  build  nji  Ihr  public 
schools  by  one  man  who  will  di\  otc  a   little 


time  to  the  subject — giving  lectures  on  educa- 
tion, for  example,  through  the  country,  and  in 
that  manner  arousing  the  attention  of  men  to 
the  importance  of  educating  their  children — 
tlian  ever  would  be  acromplisiied  1)y  all  the 
sumptuary  laws  that  can  be  incorporated  into 
any  Constitution,  or  enacted  by  any  Legislature 
or  any  Congress  in  the  world.  I  desire,  sir, 
without  further  occupying  the  time  of  the  Con- 
vention, to  enter  my  jM-otest  against  the  adop- 
tion of  any  such  provision  as  is  contained  in 
this  amenilment. 

.Mr.  BANKS.  There  is  one  further  objection 
to  this  amendment  which  I  wish  to  mention, 
and  that  is,  that  the  Legislature  would  be  in- 
hibited, by  clear  implication,  from  compelling 
the  attendance  of  children  anywhere  else  than 
in  incorporated  cities  and  towns.  1  would 
urge  this  in  addition  to  the  fact  that  no  such 
provision  is  necessary  to  give  the  Legislature 
ample  power  to  enact  whatever  laws  may  be 
required,  and  I  conceive  that  the  last  objection 
is  a  very  strong  one. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  Dunne,  and  it  was  not  agreed 
to. 

NEW   SCHOOL   DISTRICTS. 

Mr.  CROSMAN.    I  have  an  amendment  which 

1  wish  to  offer.  It  will  probably  come  in  best 
about  the  middle  of  the  section.  I  will  move 
to  insert  after  the  words  ■•  during  such  neglect 
or  infraction,"'  the  following  : 

"Provided,  That  the  Legislature  may  make  provision 
for  the  distribution  of  the  .school  fuud  to  school  dis- 
tricts during  the  tirst  year  of  their  organization,  with- 
out reference  to  tne  time  that  a  school  has  been  held 
therein." 

Mr.  HAWLEY.  I  suggest  to  the  gentleman 
that  if  this  amendment  is  to  come  in  at  all.  it 
would  be  more  a])plicable  in  the  following  sec- 
tion, where  provision  is  made  for  tht'  appor- 
tionment of  the  interest  from  time  to  time 
among  the  several  counties.  1  attempted  yes- 
terday to  remove  the  doubts  of  certain  mem- 
bers upon  that  sui)ject,  and  at  a  proper  time  I 
will  renew  inv  efforts  to  do  so. 

TheClIAIKMAN.  I  think  the  amendment 
is  appropriate  in  Section  2.  as  propo.sed  by  the 
gentleman  from  Lyon. 

Mr.  CliOSMAN. "  My  impression  is,  tliat  tlie 
amendment  comes  in  properly  here,  in  Section 

2  of  the  article  under  consideration.  I  wish  to 
call  the  attention  of  the  Convention  to  one  fact 
in  connection  with  this  subject.  If  1  under- 
stand the  reading  of  this  section,  as  it  has  been 
])resented  l)efbre  us.  it  might  occur  that  a  new 
district  having  had  a  sciujol  in  operation,  even 
for  a  period  often  or  eleven  months,  wotild  get 
none  of  the  .scliool  fund,  in  the  first  place,  I 
understand  that  the  first  sciiool  year  will  em- 
brace portions  of  ]S(if  and  18(5.5,  beginning 
and  ending  probably  the  same  as  at  present. 
Tiien  this  section  provides  that  a  school  shall 
I)e  maintained  in  the  district  at  least  six  months 
in  every  year,  and  under  my  interpretation,  it 
ndght  so  happen  that  a  new  district  would  be 


16th  day.] 


EDUCATION. 


575 


Thursday,] 


Ham^ley — Ckosmak. 


[July  21. 


obliged  to  have  its  school  in  operation  for 
eleven  months  before  it  would  receive  any  ap- 
propriation. I  called  up  this  same  cpiestion  in 
the  commiUee,  but  other  members  thought  dif- 
ferentl}^  and  no  action  was  had  upon  it.  Upon 
looking  at  the  matter  further,  however,  I  am 
satisfied  that  it  might  occur  in  the  manner  I 
have  indicated.  Now  I  consider  that  it  ought 
to  be  our  policy  to  so  frame  our  Constitution 
that  the  Legislature  may  encourage  the  organi- 
zation of  school  districts  ;  and  if  there  ever  is  a 
time  when  they  need  assistance,  when  the  State 
should  foster  the  interests  of  education  in  a 
district,  it  is  at  the  commencement.  Let  us 
leave  the  time  to  the  Legislature,  and  allow  it 
to  provide  in  its  discretion,  so  that  the  new 
district  which  shall  have  had  two  or  three 
mouths  of  school  may  receive  its  portion  of  the 
school  money,  but  let  us  not  compel  a  school 
district  to  go  along  without  aid,  for  nearly  a 
year,  in  the  outset.  At  least,  do  not  leave  it  so 
that  the  Legislature  cannot  encourage  school 
districts  in  their  infancy. 

Mr.  ILVWLEY.  Allow  me  a  few  words  of 
explanation,  as  to  the  manner  in  which  the  dis- 
tribution of  the  school  money  is  made  under 
our  present  system  :  The  Superintendent  of 
Public  Schools  of  each  county  is  notified  twice 
a  year — I  believe  in  May  and  November — by 
the  General  Superintendent,  as  to  the  amount 
appropriated  to  his  county.  At  that  time,  when 
such  notification  is  made  to  the  County  Super- 
int(Mulent,  the  latter  refers  to  his  list  of  the 
school  districts  in  his  county,  and  the  census 
of  the  School  Marshal,  and  thus  ascertains  how 
much,  pro  rata,  of  the  whole  amount  drawn  by 
the  county  is  to  be  paid  to  each  school.  The 
amount  to  which  each  scholar  is  entitled,  multi- 
plied by  the  number  of  scholars  in  any  district, 
of  course,  will  give  the  amount  which  must  be 
paid  to  such  district.  Now  under  that  system, 
if  a  new  district  is  organized,  no  matter  if  it  is 
only  ten  days  before  drawing  this  fund  from 
the  State,  it  has  been  placed  on  the  record  of 
the  County  Superintendent,  with  the  number  of 
its  scholars,  and  the  district  receives  its  propor- 
tion of  the  fund  the  same  as  the  other  districts. 
The  only  cpiestion  is,  as  to  the  time  when  it  is 
to  be  paid  to  the  district.  If  it  has  ))een  or- 
ganized only  ten  days,  under  the  Territorial 
law  it  cannot  receive  the  money  immediately, 
but  is  I'equired  to  have  school  for  three  months 
before  the  amount  appropriated  can  be  paid 
over.  Now  it  is  proposed  to  require  the  dis- 
tricts to  have  school  for  six  months.  In  the 
meantime,  the  money  is  not  to  be  given  to  the 
old  districts,  but  their  pro  rata  proportion  is 
retained  for  the  new  districts.  I  think  it  is  not 
very  material  at  present,  however,  what  ar- 
rangement may  be  made  in  respect  to  newly 
organized  districts,  for  I  believe  that  in  all 
probability  every  district  has  already  been  or- 
ganized that  will  bi>  for  some  time  to  come.  But 
even  supposing  tliat  a  new  district  should  be 
organized  two  months  prior  to  the  framing  and 
passage  of  the  school  laws,  to  take  effect  luider 


the  Constitution,  when  we  become  a  State,  I  in- 
sisted yesterday  in  the  committee,  and  I  insist 
here  to-day,  that  those  two  months  will  be  ac- 
credited upon  the  first  iiaymeut  due  to  the  dis- 
trict. I  also  contended  yesterday,  and  still 
insist,  that  if  we  pay  an  e(iual  proportion  to 
those  districts  which  have  had  school  only  three 
months,  we  thereby  work  an  in  jvistice  and  hard- 
ship to  those  which  have  niaintained  their 
schools  perhaps  nine  months  in  the  vear,  and 
in  which  the  sums  required  for  the  pavnu'ut  of 
the  teachers  are,  perhaps,  more  than  two-thirds 
made  up  by  private  subscriptions.  1  candidly 
think  that  the  more  equitable  plan  is  to  require 
that,  before  any  money  is  paid  to  a  district, 
school  shall  have  been  tangiit  therein  for  at 
least  six  months,  and  1  tiiink".  still,  that  the  gen- 
tleman from  Lyon  (Mr.  Crosman)  labors  under 
a  misapprehension  as  to  the  character  of  the 
requirement  in  regard  to  the  length  of  time 
that  school  shall  have  been  taught  in  a  new  dis- 
trict before  it  can  receive  its  proportion  of  the 
school  money.  I  insist  that  if  a  school  shall 
have  been  maintained  in  a  district  two,  three, 
or  four  months  prior  to  the  adoption  of  the 
Constitution,  the  district  will  be  given  credit 
for  that  length  of  time,  and  will  receive  its  pro 
rata  of  the  public  money  accordingly,  and  at 
the  same  time  I  am  entirely  opposed  to  allow- 
ing the  money  to  be  paid  to  any  district  before 
it  shall  have  supported  a  public  school  for  at 
least  six  months.  I  do  not  believe  in  compul- 
sory education,  and  I  think  there  is  not  in  the 
Territory,  and  will  not  be  in  the  State  for  a 
long  time,  any  district  in  which  a  school  will 
be  maintained  for  a  longer  period,  certainly, 
than  nine  months  in  a  year. 

Mr.  CROSMAN.  Allow  me  a  word  in  reply. 
I  may  not,  perhaps,  differ  materially  from  the 
gentleman  from  Douglas  in  regard  to  the  term 
of  six  months,  but  I  wish  to  have  the  language 
of  the  section  so  constructed  that  we  can  un- 
derstand clearly  that  when  a  school  has  been 
niaintained  for  six  months,  the  district  shall  be 
entitled  to  the  money.  But  this  section  says 
"every  year."  It  requires  that  a  common 
school  shall  be  maintained  "  at  least  six  months 
in  every  year,"  and  it  proceeds  to  provide  that 
any  district  neglecting  to  establish  and  main- 
tain such  a  school,  may  be  deprived  of  its  pro- 
portion of  the  interest  of  the  public  scliool 
fund  during  such  neglect.  Now,  wifii  regard 
to  the  time,  I  do  not  propose  ))y  my  amend- 
ment to  fix  it  definitely  ;  I  prefer  to  leave  that 
to  the  Legislature.  The  gentlenmn  tells  u.s 
how  the  present  school  system  o])erates,  but  he 
must  remember  that  we  shall  have  to  l)e  gov- 
erned in  the  future  by  such  rules  as  we  fix  and 
establish  in  this  instrument,  not  by  the  practice 
under  our  Territorial  laws.  I  think  it  is  noth- 
ing but  right  for  us  to  provide  that  any  district 
organized  within  a  few  months  of  the  close  of 
the  school  year,  when  it  has  had  school  for  six 
months — or  I  would  ]u-cfer  to  say  for  three 
months — shall  be  entitled  to  receive  its  pro2)or 
tion  of  the  school  money. 


576 


EDUCATION. 


[Ifith  day. 


Thursday,] 


Coixrxs — Hawlky — Chairman^ — Ckosman. 


[July  21. 


Mr.  COLLINS.    My  excellent  Mend,  the  gen- 
tleman from  Lyon,  thinks  he  perceives  a  diffi- 
eulty.  wliieli,  after  a  good   deal  of  tliought  and 
turning  the  matter  over  carefully  in  my  own  ■ 
mind,  ^for  the  gentleman  suggested   it  to   the  , 
Conunittee  on  Education  while  the  article  was  ) 
under  consideration  in  that  conimittee.)  I  have  i 
been.  I  confess,  unable  to  appreciate.     I  thinlv  [ 
the  difficulties  which  occur  to  his  mind  have  no 
real  l)asis.  for  the  reason  that  this  constitutional 
j)rovision   is  merely  an  outline  by  which  the 
Legislature  is  to  be  governed.     It  contemplates  [ 
that   the   Legislature   shall   establish  a  school 
system,  and  that  one  of  the  requirements  ofl 
that  system  shall  be  that  each  district,  in  order  i 
to  obtain  its  projjortion  of  the  public  money,  j 
shall  maintain  a  school  for  at  least  six  months  [ 
in  each  year.     Now  it  is  not  to   be  presumed , 
that  the  Legislature,  in  framing  a  school  law 
under  that  provision,  will  so  frame  it  as  to  de- 
prive a  school  district  just  organized,  or  organ- 
ized within  the  last  three,  or  tlie  last  six  months  ' 
ot    the  school  year,  of  its  projiortion  of  the  i 
school    nujuey.     The   language  of  the  section  '• 
does  not  necessarily  imply,  in  my  opinion,  that 
there  must  be  absolutely  six  months  of  school 
teaching  before  the  district   can  receive  any 
money   whatever.     It    does    not    require    six 
months  of  school   teaching  within  the  school 
year,  but   it   may  be.  as  I  understand,  three 
months  of  school  at  the  end  of  one  year,  and 
three  months  at  the  beginning  of  the  next  year. 
If  in  any  disti'ict  a  school  has  been  in  operation 
three  months  in  the  school  year,  and  had  been 
organized  three  months  in  the  previous  year,  it 
is  not  to  be  presumed  that  a  legislative  body, 
organizing  a  school  system  under  great  difficul- 
ties, is  going  to  make  such  jjrovisions  as  will 
cut  that  district  otf.  and  prevent  its  receiving 
any  of  the  school  money.     The  constitutional 
provision  simply  lays  down  the  general  princi- 
ple that  in  every  district  there  must  be  a  school 
for  six  nn)nths  in  each  year,  and  the  penalty  is, 
that  if  a  district  does  not  nmintain  a  school 
during  that  pr(jportion   of  the   time,  it  cannot 
be  allowed  to  receive  any  pcniion  of  the  i)ublic 
money. 

Mr.  HAWLEV.  May  I  be  allowed  one  mo- 
ment to  repeat  a  statement  which  1  made  yes- 
terday in  the  committee,  and  which  I  thiidc 
may  have  some  l)earing  upon  tins  very  point? 
It  is.  that  tlx;  a])propriation  is  made  in  all  cases. 
but  a  school  must  have  been  tanglil  in  the  dis- 
trict for  the  period  of  time  reipii red,  before  the 
district  can  draw  the  money.  I  wish  the  geu- 
tlennin  from  Lyon  (Mr.  Crosman)  to  uuder.staud 
this  perfectlv. 

The  CHAIRMAN.  The  gentleman  from 
Douglas  will  please  to  take  his  seat  one  mo- 
ment. I  believe  there  is  not  a  quonun  present. 
Let  the  Secretary  count  the  Convention. 

The  SECKE'l'AIlV  counted,  and  reported 
that  eighteen  meinliers  were  present. 

'i'hree  or  four  olhei'  mend)ers  having  come  in 
from  adjoining  rooms,  a  quorum  was  found  to 
be  in  attendance. 


j  The  CHAIRMAN.  We  have  had  but  little 
:  more  than  a  (luorum  during  a  considerable  por- 
i  tion  of  this  afternoon,  and  the  Chair  will  sug- 
:  gest  that  it  will  be  necessary  for  members  to 
,  remain  in  the  Convention,  in  order  that  we 
1  may  not  find  ourselves  without  a  quorum  for 
business.  The  gentleman  from  Douglas  will 
[  proceed. 

Mr.  HAWLEY.     As  I  was  saying,  the  a])pro- 
priation   is  made  including  any  district  which 
nuvy  have  been  foi'uied.  say  ten  days,  or  any 
[  other  time  within  three  months,  before  the  no- 
tification to  the  County  Superintendent  of  the 
I  amount  due  to  the  county.    That  appropriation 
1  then  bt'comes  a  part  of  the  property  of  that 
j  school  district.     It  is  held  in  trust  for  the  dis- 
I  trict  ])y  tiu'  Treasurer,  and  cannot,  in  any  event, 
j  be  diverted  from  the  use  of  such  district,  until 
the  close  of  the  year  from  the  time  the  appro- 
!  priation  was  made.    It  must  lie  there  for  the 
entire  year,  in  order  that  the  Superintendent 
may  ascertain  at  the  end  of  the  year  whether 
or  not  the  district  has  been  entitled  to  receive 
it  according  to  law.     I  know  it  is  so  in  ray  own 
county.     I  have  now  an  appropriation  of  about 
two  hundred   dollars  Ijelonging  to  a  district 
which  has  not  complied  with  the  law,  and  that 
amount  must  remain  in  the  treasury  for  twelve 
months  before  I  can  throw  it  out  of  the  district 
fund  into  the  general  fund  of  the  county,  for 
distribution  among    the  (jther  districts  which 
have  complied  with  the  law.     Therefore,  I  say 
that  the  seeming  hardship,  to  which  the  gentle- 
man from  Lyon  refers,  does  not  exist.    If  newly 
organized  districts  continue  their  school  for  the 
time  required,  the  money  cannot  be  diverted 
from  them,  and  will  not  be  by  any  honest  Su- 
perintendent ;  but  if  for  the  space  of  a  whole 
year  they  refuse  or  neglect  to  comply  with  the 
law,  then  the  money  is  divided  among  the  other 
districts.     I  think  it  is  an  excellent  check  upon 
the  several  districts,  and  I  trust  it  will  be  con- 
tinued. 

Mr.  COLLINS.  It  is  fo  be  presumed  that 
the  Legislature,  in  framing  or  drafting  a  school 
law  under  our  Constitution,  will  frame  it,  not, 
perhaps,  in  exact  accordance  with  the  present 
system,  but  in  such  a  manner  as  to  harmonize 
with  the  requirements  of  the  Constitution.  Now 
almost  any  man,  if  disposed  to  be  critical, 
might  ])oint  out  difficulties  likely  to  arise  in 
the  workings  of  any  new  system  which  we  can 
de\ise.  i>ut  all  that  this  body  can  do,  or  ought 
to  attempt  to  do,  is  to  lay  down  the  outlines  of 
a  general  system,  presuming  that  the  Legisla- 
ture will  be  as  much  interested,  and  have  as 
deeply  at  heart  the  cause  of  common  schools, 
as  tile  members  of  this  Convention.  The  mem- 
bers of  Ilk'  Legislature  will  have  to  exercise 
their  best  judgment  in  devising  the  means  of 
carrying  out  in  detail  these  general  provisions, 
and  they  will  undoubtedly  frame  their  law  with 
a  view  to  meet  any  and  all  such  difficulties  as 
that  which  has  been  suggested  by  the  gentle- 
man from  Lvon. 

Mr.  CROSMAN.     But  what  right  will   the 


16th  day.] 


EDUCATION. 


577 


Thursday,]  Collins — Warwick — Banks— McClinton — Brosnan — Hawlet. 


[July  21. 


Legislature  have  to  frame  a  law  providing  for 
this  difficulty,  if  in  the  Constitution  we  prohibit 
the  Legislature  from  doing  so  ? 

Mr.  COLLINS.  I  think  there  is  no  such  pro- 
hibition, and  I  imagine  it  would  be  no  particu- 
lar trouble  to  me,  if  I  had  the  time,  to  draft  a 
law,  under  this  provision,  wliich  shoulil  meet 
that  very  case.  But  even  supposing  tliut  ditti- 
culty  could  not  be  met,  still  i  maintain  that  it 
would  be  better  to  let  the  new  districts  suffer  a 
little  temporary  hardship  of  that  kind,  than  to 
have  our  whole  educational  system  deranged. 
The  great  object  is  to  stimulate  the  support  of 
the  public  schools,  and  I  wish  it  were  possible 
to  keep  them  going  for  twelve  months  in  the 
year  instead  of  six.  We  provide  that  the  State 
shall  offer  a  premium  for  the  longer  term  of  six 
months.  We  know  that  there  are  very  few  dis- 
tricts in  which  schools  would  not  be  kept  from 
one  to  three  or  four  months  in  the  year,  by  the 
voluntary  contributions  of  the  citizens,  even 
without  the  aid  of  the  public  money  ;  and  by 
offering  this  premium  a  stimulus  is  presented, 
inducing  them  to  contribute  such  amounts  as 
shall  suffice,  together  with  the  public  money,  to 
carry  on  the  schools  for  six  months,  at  least ; 
whereby  they  secure  the  advantage  of  the  State 
aid,  and  are  enabled  to  educate  their  children. 
The  experience  of  all  other  States  has  shown 
the  great  advantages  of  such  a  system.  I  hope 
the  gentleman  from  Lyon  will  withdraw  his 
amendment,  because  I  am  satisfied  that  the 
difficulty  which  he  apprehends  does  not  exist 
in  the  section  as  it  now  stands  before  the  Con- 
vention. 

Mr.  WARWICK.  As  it  is  nearly  five  o'clock, 
will  the  Chairman  allow  me  to  make  a  privi- 
leged motion  to  extend  the  time  for  the  ad- 
journment ? 

The  CHAIRMAX.  The  gentleman  will  wait 
until  the  committee  rises. 

TIME    OF    MAIXTAIXIXG    SCHOOLS. 

Mr.  BANKS.  I  prefer  that  we  should  simply 
require  the  Legislature  to  provide  for  schools 
for  six  months  in  a  year,  leaving  all  matters  of 
detail  for  the  Legislature  to  arrange,  from  time 
to  time,  as  occasion  may  arise.  I  therefore 
move  to  amend  by  substituting  these  words,  in 
place  of  the  language  now  contained  in  the 
section  : 

"  The  Legislature  sliall  provide  for  a  uniform  system 
of  common  sfhools,  by  wMcli  a  school  shall  be  main- 
tained in  each  school  district  at  least  six  mouths  in 
every  year." 

The  CHAIRMAN.  The  effect  of  that  amend- 
ment would  be,  as  the  Chair  understands,  to 
adopt  a  substitute  for  Section  2. 

Mr.  COLLINS.  I  trust  that  amendment  will 
not  prevail.  I  hoi)e  that  the  Convention  will  be 
disposed  to  offer  a  premium  to  every  school 
district  in  this  State,  which  shall  maintain  a 
public  school  for  si.x  months  in  the  year  ;  and  I 
also  hope,  most  sincerely,  that  we  shall  provide 
in  our  Constitution  for  keeping  out  of  our 
schools  sectarian  instruction.     It  will  require 

All 


strong  influences  to  exclude  such  instruction, 
and  money  is  the  great  motor— one  of  the  most 
powerful  influences  of  civilization.  Wlierever 
iti  power  is  brought  to  bear,  it  always  has  po- 
tent sway.  The  gentleman  from  Humboldt 
who  offers  this  amendment  is  almost  always 
right,  but  it  seems  to  uh^  that  he  has  been' a 
little  wrong  in  his  investigations  on  this  suljject, 
and  therefore  1  trust  that  the  Convention  will 
not  sustain  him.  If  we  adopt  his  amendment 
there  will  be  nothing  left  wliich  will  be  ade- 
quate to  keep  out  sectarianism,  and  no  stimulus 
which  can  be  relied  upon  to  keep  up  the  public 
schools  for  more  than  one,  two,  or  three  months 
in  the  year  ;  and  if  the  Legislature  has  only 
the  public  school  money,  and  no  power  to  sup- 
port the  schools  by  taxation,  perhaps,  in  many 
districts,  they  will  not  be  maintained  more  than 
one  month  in  the  year. 

Mr.  McCLINTON.  I  suggest  that  the  clause 
in  the  section  as  reported,  prohibiting  sectarian- 
ism, be  incorporated  into  the  amendment  of  the 
gentleman  from  Humboldt. 

Mr.  BANKS.     I  will  accept  that. 

Mr.  COLLINS.  The  gentleman  from  Hum- 
boldt may  accept  it,  but  I  shall  not. 

Mr.  BROSNAN.  I  desire  to  offer  an  amend 
ment. 

The  CHAIRMAN.    It  is  not  now  in  order. 

Mr.  BROSNAN.  I  intend  it  as  an  amendment 
to  the  amendment  proposed  by  the  gentleman 
from  Humboldt.  It  is  to  add  to  his  amendment 
the  following  : 

"But  no  sectarian  instruction  shall  be  allowed  in 
any  public  school  so  established."  , 

Mr.  BANKS.    I  accept  it. 

Mr.  HAWLEY.  I  do  not  wish  to  occupy  the 
time  of  the  Convention,  but  in  my  judgment 
the  result  of  the  removal  of  that  section  as  re- 
ported, could  not  be  anything  but  bad.  Such 
action  must  necessarily  have  a  pernicious  in- 
fluence. Sir,  the  object  of  the  committee  in 
framing  Section  2,  now  under  consideration, 
was  to  create  a  stimulus  whi^h  would  incite  the 
difterent  school  districts  to  maintain  their 
schools  for  longer  periods  than  they  otherwise 
would.  But  let  the  several  districts  have  it  in 
their  power  to  put  their  hands  upon  the  public 
funds,  whenever  a  school  has  been  taught  in 
them  for  one,  two,  or  three  months,  when  they 
have  taken  up  some  s'roUing  applicant  for  tl  e 
position  of  teacher,  and  place(l  him  in  charge, 
ia  neglect  his  duties,  as  l  know  to  h  ive  b(>en 
s'unetimes  the  case  in  my  own  coanly,  and  it 
will  bring  forth  no  good  results.  Whal  we  want 
is  a  Ijasis  upon  which  to  build  the  educational 
superstructure,  by  means  of  which  we  can  af- 
ford every  child  a  sutficient  amount  of  instruc- 
tion to  enable  it  to  go  creditably  tlirougb  li  e. 
At  the  same  time,  we  wish  to  make  the  peopL- 
understand  that  with  the  limitetl  resources  of 
the  State,  and  with  tlu;  heavy  expenses  neces- 
sary to  support  the  schools  as  they  should  be 
supported,  they  will  be  required  to  put  their 
own  shoulders  to  the  wheel.  Now,  although 
I  am  a  member  of  the  committee  which  report- 


578 


EDUCATION. 


[16th  do.j. 


Thursday.] 


Sturtevant— Wakwick — Dunne— Frizell— Banks. 


[July  21. 


ed'this  article,  I  have  no  hesitation  in  saying 
that  under  its  provisions,  in  my  opinion,  a  law 
could  1)0  irauu'd,  and  would  require  to  be 
frauied,  which  would  accomplish  Ihese  good 
results  ;  and  with  all  deference  to  the  gentle- 
man tVum  llundxildt.  I  think  that  his  amend- 
ment would  result  in  the  establishment  of  a 
system  which  would  do  but  little  good— which 
would  contain  no  features  calculated  to  sustain 
the  interests  of  ))ublic  education. 

Mr.  8TURTE^'.VXT.  I  move  that  the  com- 
mittee rise,  report  progress,  and  ask  leave  to 
sit  again. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

IN    CONVENTION. 

The  SECRETARY  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Article  XII.  entitled  Education,  had  made  some 
progress  therein,  and  had  instructed  him  to  ask 
leave  to  sit  again. 

The  report  was  accepted,  and  leave  was 
granted  accordingly. 

Mr.  WARWICK.  In  order  to  enable  the  Con- 
vention to  finish  tlie  consideration  of  this  article 
to-day,  I  move  that  the  time  for  adjournment 
be  extended  until  half-past  five  o'clock,  and 
then  I  will  move,  inasmuch  as  the  Committee 
on  Schedule  desires  to  hold  a  meeting  to-night, 
that  at  that  time  the  Convention  adjourn  until 
to-morrow  morning  at  nine  o'clock. 

The  (juestion  was  taken  on  the  motion  to  ex- 
tend the  time  for  adjournment  until  half-past 
five  o'clock,  and  it  was  agreed  to. 

The  (question  was  next  taken  on  the  motion 
that  when  the  Convention  adjourn,  it  adjourn 
to  meet  to-morrow  morning  at  nine  o'clock, 
and  it  was  agreed  to. 

COMMirrEE   OF  THE   WHOLE — EDUCATION. 

On  motion  of  Mr.  STLTRTEVANT.  the  Con- 
vention again  resolveil  itself  into  Committee  ol 
the  Whole,  (the  President  remaining  in  the 
chair.)  and  resumed  consideration  of  Article 
XII,  entitled  Education. 

NKW    SCHOOL    DISTUICT.S. 

The  CHAIRMAN  stated  the  amendments 
pen<ling  to  Section  2. 

Mr.  DUNNE.  It  seem:-*  to  me  there  are  four 
or  five  amendments  ;  I  think  they  cannot  all  be 
in  order. 

The  CHAIRMAN.  The  Chair  will  again  state 
the  qut'stion.  Jn  the  first  place,  the  coiumittee 
has  under  consideration  Section  2,  of  Article 
XII,  as  rei)orted  by  the  Committee  on  l-Jduca- 
tion.  Tin;  gentleman  from  i^ytm,  (Mr.  Cros- 
man.)  moves  to  amend  the  section  by  iiicorjto- 
rating  a  proviso,  and  to  that  amendment  the 
gentleman  from  Humboldt,  (Mr.  Ranks,)  offers 
an  amendment  which  is  of  the  nature  of  a  sub- 
stitute, and  is  in  order  as  an  amiMidment  to  an 
amendment.  A  further  amendment,  suggested 
by  the  gentleman  from  Storey,  (.Mr.  J{rosnan,) 
was  accepted  by  the  geiillemau  from  Humboldt 


and  therefore  becomes  a  part  of  his  amendment. 
Hence,  the  first  question  before  the  committee, 
is  the  amendment  proposed  by  the  gentleman 
from  Humboldt,  (Mr.  Banks,)  as  subsequently 
modified  by  him. 

Mr.  FRIZELL.     Mr.  Tresident— 

Mr.  BANKS.  I  ask  the  gentleman  from  Sto- 
rey to  give  waj'  one  moment,  that  1  may  make 
a  suggestion.  It  appears  to  me  that  the  bettiT 
course  would  be  to  put  the  vote  first  on  the 
amendment  offered  by  the  gentleman  from 
Lyon,  (Mr.  Crosman,)  which  I  understand  is  to 
perfect  the  section.  Then  the  question  will 
l)roperly  come  upon  my  amendment,  to  strike 
out  the  whole  section,  and  insert  instead  the 
language  which  1  have  proposed. 

The  CHAIRMAN.  If  there  is  no  objection 
that  course  will  be  adopted. 

Mr.  FRIZELL.  In  the  outset  of  the  remarks 
which  I  propose  to  make  on  the  questions 
n(yw  i)ending  before  the  Convention,  I  desire 
to  say,  Mr.  President,  that  1  am  sorry  to  be 
impelled  to  utter  anything  adverse  to  amend- 
ments, coming  as  these  do  from  able  and 
good  men  ;  yet  I  feel  it  my  duty  to  state  why 
1  shall  be  compelled  to  vote  against  them.  I 
think  that  when  anything  like  a  system  of  edu- 
cation comes  from  the  hands  of  such  a  commit- 
tee as  that  to  which  this  article  has  been  re- 
ferred, the  men  composing  it  being  able  men, 
who  have  devoted  their  entire  attention  to  the 
subject  for  many  days,  it  is  entitled  to  most 
respectful  and  careful  consideration  at  our 
hands.  Certainly,  sir,  there  are  no  more  com- 
petent gentlemen  in  this  Territory  than  those 
who  compose  that  committee,  and  the  impor- 
tant subject  which  they  have  had  under  their 
consideration  is  a  theme  suited  to  the  men  con- 
stituting the  committee.  Therefore,  it  seems 
to  me  tliat  when  a  report  comes  from  that  com- 
mittee to  this  Convention,  it  comes  as  a  whole — 
in  all  its  beauty,  in  all  its  force,  in  all  its  har- 
mony. Sitting  here,  as  one  humble  member,  I 
might  pos.sibly  find  fault  with  a  single  section, 
as  i  hear  it  read  by  the  Secretary,  but  unless  I 
can  hear  the  whole,  take  in  and  understand  the 
harmony  of  all  the  parts,  and  ajjpreciate  the 
beauty  and  force  of  the  entire  report,  I  think  I 
am  scarcely  competent  to  otter  an  amemlment 
to  any  ])art  of  tiiat  report.  And  I  apprehend 
that  no  mendjer,  no  matter  what  his  qualifica- 
tions may  be,  can  really  make  any  valuable 
addition  or  amendment  to  the  report,  unless  he 
can  see  through  the  beauty  and  strength  and 
harmony  of  the  whole  of  it;  and  hence  I  fear 
that  any  projjosed  amendment  would  be  more 
likely  to  mar  than  to  improve  that  harmony 
and  strength.  For  these  reasons,  I  am  unwill- 
ing, unless  gentlemen  can  offer  something  which 
will  be  extremely  well  marked  and  plain  in  the 
way  of  an  improvement,  to  undertake  to  make 
any  change  whatever  in  the  report  which  has 
been  made  bv  our  committee. 

The  SECRETARY  again  read  the  amendment 
l)ro])ose(l  by  Mr.  (Jrosman,  as  follows  : 

"  I'rooided,  That  the  Legislature  may  make  provision 


16th  day.] 


EDUCATIOX. 


579 


Thursday,] 


Bkosxan — Banks — Dunne — Hawley. 


[July  2h 


for  the  distribution  of  the  school  fund  to  school  dis- 
tricts, during  the  first  year  of  their  organization, 
without  reference  to  the  time  that  a  school  has  been 
held  therein." 

The  question  was  taken,  and  the  amendment 
was  not  agreed  to. 

PENALTY    FOR   NEGLECT. 

The  question  was  next  stated  on  the  amend- 
ment ottered  by  Air.  Banks,  as  subsequently 
modified,  to  strike  out  the  whole  of  Section  2, 
and  inaert  instead  the  following  : 

' '  Sec.  2.  The  Legislature  shall  provide  for  a  uniform 
sj'stem  of  common  schools,  by  which  a  school  shall  be 
maintained  in  each  school  district,  at  least  six  mouths 
in  every  year  ;  but  no  sectarian  instruction  shall  be 
allowed  in  any  iDublic  school  so  estabUshed." 

Mr.  BROSNAN.  Now.  sir,  I  move  to  amend 
that  amendment,  as  just  read,  by  adding  thereto 
the  following  words,  which  I  find  here  in  the 
section  as  reported  by  the  Committee  on  Edu- 
cation : 

"  And  any  school  district  neglecting  to  establish  and 
maintain  such  a  school,  or  which  shall  allow  instruction 
of  a  sectarian  character  therein,  may  be  deprived  of 
its  proportion  of  the  interest  of  the  public  school 
fund  during  such  neglect  or  infraction." 

Mr.  BANKS.  While  I  do  not  see  any  obvious 
necessity  tor  that,  I  see  no  objection  to  it,  and 
therefore  1  accept  the  amendment. 

The  question  was  taken  on  the  amendment 
as  thus  modified,  and  it  was  not  agreed  to. 

The  question  was  taken  on  the  adoption  of 
Section  2  as  reported,  and  it  was  adopted. 

THE    SCHOOL    FUNDS. 

Section  3  was  read  as  follows  : 

Sec.  3.  All  lands,  including  the  500,000  acres  of  land 
granted  to  the  new  States  under  an  Act  of  Congress 
distributing  the  proceeds  of  the  public  lands  aiuong 
the  several  States  of  the  Union,  approved  A.  D.  1811  ; 
the  sixteenth  and  thirty-second  sections  in  every  town- 
ship, donated  for  the  benefit  of  jjubhc  schools,  set 
forth  in  the  Act  of  the  thirty-eighth  Congress,  to  ena- 
ble the  people  of  Nevada  Territory  to  form  a  State 
Government;  the  thirty  thousand  acres  of  pubhc  lands 
granted  by  an  Act  of  Congress,  and  api^roved  July  2. 
1862,  for  each  Senator  and  liepresentative  in  Congress ; 
and  all  lands  and  parcels  of  lauds  that  have  been  or 
may  hereafter  be  granted  or  approjiriated  by  the  United 
States  to  this  State  ;  all  estates  that  may  escheat  to 
the  State ;  all  of  such  per  cent,  as  may  be  granted  by 
Congress  on  the  sale  of  land ;  all  fines  collected  under 
the  penal  laws  of  the  State ;  all  jjroperty  given  or  be- 
queathed to  the  State  for  educational  iJurposes ;  and 
all  proceeds  derived  from  any  or  all  of  said  sources, 
shall  be,  and  the  same  are  hereby  solemnly  jiledged  for 
educational  purposes,  and  shall  not  be  transferi'ed  to 
any  other  fund  for  other  uses ;  and  the  interest  there- 
on shall,  from  time  to  time,  be  ai^portioned  among  the 
several  counties,  in  proportion  to  the  ascertained  num- 
bers of  the  persons  between  the  ages  of  six  and  eight- 
een years  in  the  difl'erent  counties.  And  the  Legisla- 
ture shall  provide  for  the  sale  of  floating  land-warrants 
to  cover  the  aforesaid  lands,  and  for  the  investment  of 
all  proceeds  derived  from  any  of  the  above-mentioned 
sources  in  United  States  bouds,  or  the  bonds  of  this 
State:  provided,  that  the  interest  only  of  the  aforesaid 
proceeds  shall  be  used  for  educational  purposes,  and 
any  surplus  interest  shall  be  added  to  the  principal 
sum;  and  provided  further,  that  such  portion  of  said 
interest  as  may  be  necessary,  may  be  appropriated  for 
the  support  of  the  State  University. 

ST.ITE    UNIVERSITY. 

Mr.  DUNNE.   I  wish  to  speak  to  the  last  pro- 


viso, which  authorizes  the  appropriation  of  such 
portion  of  the  interest  on  the  public  school 
fund  as  may  be  necessary  for  the  support  of  a 
State  University.  1  find  that  special  provision 
is  made  in  the  next  section  for  a  State  Univer- 
sity, and  in  a  subsequent  section  there  is  a  pro- 
vision for  levying  a  special  tax  for  its  support 
Now  I  am  entirely  in  favor  of  taxing  the  State 
for  a  State  University,  whenever  the  State  can 
aftbrd  it.  I  believe,  however,  in  turning  our 
undivided  attention,  in  the  first  place,  to  the 
common  school  system  of  the  State,  and  I  do 
not  think  that  the  interest  derived  from  the 
school  fund  should  be  taken  from  the  com- 
mon schools  and  applied  to  the  purpose  of 
building  up  a  State  University.  Therefore,  be- 
cause there  is  special  provision  made  else- 
where for  a  State  University,  and  because  we 
ought  to  endeavor,  in  the  first  place,  to  secure 
to  our  children  the  advantages  of  a  good  com- 
mon school  system,  I  move  that  this  last  pro- 
viso in  Section  3  be  stricken  out. 

Mr.  HAWLEY.  Allow  me  to  call  the  gentle- 
man's attention,  and  that  of  the  Convention,  to 
the  language  of  that  section.  It  only  provides 
for  the  appropriation  of  "  such  portion  of  said 
interest  as  may  be  necessary.'' 

Mr.  DUNNE.     I  am  aware  of  that. 

The  CHAIRMAN.  The  question  is  on  the 
amendment  to  strike  out  the  last  proviso  in  the 
section. 

Mr.  HAWLEY.  It  does  seem  to  me,  Mr. 
Chairman,  that  this  is  a  matter  which  should 
be  left  discretionary  with  the  Legislature.  I 
do  not  think  there  is  any  danger  that  a  body  of 
men,  elected  by  the  people,  and  convened  here 
to  legislate  for  the  interests  of  the  new  State, 
are  going  so  blindly  to  work  as  to  appropriate 
at  once,  and  exclusively,  the  entire  sum  re- 
ceived for  interest  on  the  public  school  fund  to 
the  support  of  a  State  University,  leaving  the 
common  schools  entirely  unprovided  for.  The 
gentleman  from  Humboldt  must  be  well  aware 
that  to  create  a  State  University,  to  build  up 
its  various  departments,  and  fill  it  with  pro- 
fessors, is  a  work  of  time.  It  will,  of  course,  be 
the  duty  of  the  Legislature,  first,  to  locate  and 
rear  the  structure,  and  it  does  seem  to  me  that 
the  Legislature  will,  beyond  any  doubt  or 
question,  agree  with  the  gentleman  from  Hum- 
boldt, and  the  rest  of  us,  in  realizing  the  panv- 
mount  necessity  of  preparing  the  new  State  for 
a  University  before  they  build  it — of  placing 
both  parents  and  children  in  such  a  position,  in 
the  first  place,  that  they  may  be  competent  to 
avail  themselves  of  the  advantages  of  a  L'ni- 
versity.  Therefore,  I  trust  that  the  amendment 
will  not  prevail. 

I  desire,  further,  to  call  the  attention  of  the 
gentleman  to  another  provision  in  Section  C — 
the  section  which  authorizes  the  special  tax.  to 
which  he  has  referred— a  provision  which  he 
has  evidently  overlooked.  The  section  pre- 
scribes that  this  special  tax  may  be  appropriated 
"for  the  support  and  raiintenance  of  said  Uni- 
versity, ami  common  schools."    Now  I  submit 


680 


EDUCATION. 


[16th  day. 


Thursday,] 


Banks— Tagijabite — Hawley — Frizell — Collins— Chairman. 


[July  21. 


to  the  consideration  of  the  Convention,  whether  | 
it  would  not  bo  better  to  leave  some  little  dis- 
creiioiiarv  power  on  these  subjects  to  the  Leg- 
islature, and  trust  to  its  good  sense  in  regard 
to  ai)iu-oi)rlating  such  small  proportion  of  the 
school  funds  as  nu\y  be  proper,  towards  laying 
the  foundation  of  the  material  superstructure 
of  the  I'niversity.  I  have  no  doubt  that  they 
will  devote  a  sulficient  portion  for  the  benefit 
of  the  common  schools. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  I>uiine.  and  it  was  not  agreed 
to. 

Mr.  BANKS.  I  call  for  the  reading  of  so 
much  of  the  section  as  relates  to  the  sixteenth 
and  thirty-sixth  sections,  donated  by  Congress 
for  school  ])nrpos('s.  1  think  there  is  a  mistake 
as  to  the  number  of  the  sections. 

The  SKCRETAKY  read  that  portion  of  the 
section. 

Mr.  TAGLIABUE.  That  is  where  the  error 
is  ;  it  should  be  the  thirty-sixth,  instead  of  the 
thirty-.<econd  sections,  according  to  the  En- 
abling Act. 

Mr.  HAWLEY.  It  is  a  mere  verbal  error  ;  I 
move  that  the  Secretary  be  directed  to  make 
the  necessary  alteration. 

By  unanimous  consent,  the  Secretary  was  in- 
structed to  make  the  correction,  by  substituting 
the  word  "  thirty-sixth  '•  for  '•  thirty-second." 

PITBLIC   lands— CONSENT   OF   CONGRESS. 

Mr.  FRIZELL.  I  rise  for  information.  I  see 
that  this  section  includes,  and  devotes  to  edu- 
cational purposes,  the  lands  donated  by  Con- 
gress for  internal  improvements.  I  would  like 
to  hear  some  explanation  of  that. 

Mr.  COLLINS.  Our  chairman  proposed  to 
bring  in  an  amendment  relating  to  that  subject, 
after  the  section  was  read,  and  at  his  suggestion 
1  will  offer  it.  Allow  me  to  explain,  in  the  first 
place,  that  this  is  the  five  hundred  thousand 
acres  appropriated  by  Congress  to  each  of  the 
States  for  internal  improvements,  but  which 
has  been  by  most  of  the  States  diverted  to  edu- 
cational purposes  instead.  The  chairman  makes 
a  suggestion,  however,  which  strikes  me  as  a 
very  good  one.  inunely  :  that  ])i'oljably,  or  at 
any  rate  ])ossibly,  we  cannot  divert  the  land 
domited  in  that  maiuier,  and  enjoy  the  benefit 
of  it,  without  the  authority  ot  an  .Vet  of  Con- 
gress, inasmuch  as  we  arc  still  a  Territory,  and 
therefore  he  proposes  to  insert  a  clan.se  a])pro- 
priating  the  land  to  this  i)uipos(".  ])rovided  the 
permis-jjon  of  Congrcs-^  can  be  obtained  for  de- 
voting it  to  such  use  and  ])iir])osc.  I  will  read 
the  amendment  he  suggests  lor  tlic  iiii'ormation 
of  the  C(jnvention. 

Strilii'  out  all  of  tlift  first  four  liucH  of  the  section 
an  printed,  ami  add  at'tcr  the  word  "State,"  in  the 
8<'Vi-ntli  liuc,  the  foUowint;  : 

"And  al.so  the  five  hundred  thousand  acres  of  liind 
granted  to  the  new  Stati'S  under  an  Act  of  Conffress, 
disfriljutint;  the  proceeds  ol  the  public,  lands  among 
Uie  several  States  of  the  Union,  approved  A.  D.  IHll, 
provided  that  Con^reHS  makes  provision  for,  or  an- 
tliori/es  such  diversion  to  be  made  for  the  ijuiijoge 
herein  Qontaincd." 


Let  the  Secretary  read  the  section  as  it  will 
stand  with  the  amendment  proposed  by  the 
chairman. 

The  SECRETARY  read,  as  follows  : 
Sec.  3.  All  landis,  iuchidiug  the  sixteenth  and  thirty- 
sixth  sections  in  every  towushii),  donated  for  the  ben- 
efit of  public  schools,  set  forth  m  the  Act  of  the  tUirty- 
eif^hth  Cont;ress,  to  enable  the  people  of  Nevada 
Territory  to  form  a  State  Croverument;  the  thirty  thou- 
sand acres  of  public  lands  granted  by  an  Act  of  Con- 
gress, and  approved  July  li,  1862,  for  each  Senator  and 
Koi)reseutative  in  Congress  ;  all  proceeds  of  lands 
that  have  been  or  m.iy  liercalter  be  granted  or  appro- 
priated by  the  Uuiti d  States  to  this  State  ;  and  also  the 
five  huudreil  thousand  acres  of  land  granted  to  the 
new  States  uuder  an  .Vet  of  Congress  distributing  the 
proceeds  of  the  public  lauds  among  the  several  States 
of  the  Union,  apin-oved  A.  1).  1841  ; — })rovidi:d,  that 
Congress  makes  provision  for,  or  authorizes  such  di- 
version to  be  made,  for  the  jjurjiose  herein  contained  ; 
all  estates  that  may  escheat  to  the  State  ;  all  of  such 
per  cent,  as  may  be  granted  by  Congress  on  the  sale  of 
land  ;  all  fines  collected  under  the  penal  laws  of  the 
State  ;  all  jsroperty  given  or  bequeathed  to  the  State 
for  educational  purposes  ;  and  all  proceeds  derived 
from  any  or  all  of  said  sources,  shall  be,  and  the  same 
are  hereby  solemnly  pledged  for  educational  purposes, 
and  shall  not  be  transferred  to  any  other  fund  for 
other  uses  ;  and  the  interest  thereon  shall,  from  time 
to  time,  be  apportioned  among  the  several  counties,  in 
proportion  to  the  ascertained  numbers  of  the  persons 
uetween  the  ages  of  six  and  eighteen  years  in  the  difl'er- 
ent  counties.  And  the  Legislature  shall  provide  for 
the  sale  of  floating  laud  warrants  to  cover  the  aforesaid 
lauds,  and  for  the  investment  of  all  proceeds  derived 
from  any  of  the  above-meiitiuued  sources  in  United 
States  bonds  or  the  bonds  of  this  State  ;  provided,  that 
the  interest  only  of  the  aforesaid  proceeds  shall  be  used 
for  educational  purposes,  and  any  surplus  interest 
shall  be  added  to  the  principal  sum  ;  and  provided  fur- 
ther, that  such  portion  of  said  interest  as  may  be 
necessary,  may  be  appro^jriated  for  the  supisort  of  the 
State  University. 

The  CHAIRMAN.  I  will  state  that  the 
amendment  ijresented,  as  I  prepared  it,  makes 
no  change  in  the  section,  except  the  trans^josi- 
tion  of  the  language  and  the  addition  of  these 
words:  "Provided,  that  Congress  makes  pro- 
vision for,  or  authorizes  such  diversion  to  be 
made,  for  the  purpose  herein  contained."  1 
think  that  without  the  amendment  a  legal  ob- 
jection might  exist  to  our  making  the  provision 
al)S(jlutely.  and  incorporating  it  in  onr  Consti- 
tution, without  in  any  manner  asking  the  con- 
sent of  Congress. 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Collins,  (in  behalf  of  the  chair- 
man,) and  it  was  agreed  to. 

The  question  was  taken  on  the  adoption  of 
the  section  as  amended,  and  it  was  adopted. 

state    UNIVERSITY — FREE   AOMI.SSIO.V. 

Section  4  was  read,  as  follows  : 

Skc.  4.  The  Legislature  shall  i)rovide  for  the  estab- 
lismeut  of  a  State  University,  emljracing  departments 
lor  agriculture,  mechanics  arts,  and  mining,  which 
shall  ue  free  to  all  white  pupils  possessing  such  quali- 
eations  as  may  be  prescribed  by  the  Board  of  Kegents. 

The  CHAIRMAN.  AVithout  leaving  the  chair, 
by  leave  of  the  Convention,  I  would  ask  the 
Cliairinan  of  the  Committee  on  Education  to 
explain  this  section.  1  see  that  one  of  the  es- 
sential features  of  the  corresponding  section  in 
the   former   Constitution   is  omitted,    namely, 


16th  day.] 


EDUCATION. 


581 


Thursday,] 


Coi,Lixs — Johnson — Noukse — Warwick. 


[July  21. 


that  which  required  that  the  parents  or  guardi- 
ans of  the  pupils  shall  be  residents  of  this 
State.  Is  it  contemplated  that  the  institution 
shall  be  made  free  to  all  pupils,  although 
their  parents  may  not  be  residents  of  the 
Staty? 

Mr.  COLLINS.  The  committee  had  that  sub- 
ject under  consideration,  and  was  of  opin- 
ion that  there  may  arise  cases  where,  if  this 
school  shall  obtain  the  reputation  which  it  is 
ho])ed  it  may  acquire,  by  reason  of  our  large 
mining  interest,  and  the  peculiarities  of  our 
agricultural  lands,  a  restriction  of  that  nature 
would  be  inadvisable.  There  may  be  indi- 
viduals from  other  States  who  would  like  to 
avail  themselves  of  the  advantages  of  such  a 
school,  and  who  would  be  able  and  willing  to 
pay  liberally  for  their  tuition,  and  that  would 
be  a  source  of  revenue  to  the  institution,  and 
an  advantage  not  only  to  those  individuals,  but 
to  the  public  also.  That  consideration  was 
what  influenced  the  committee  to  make  the 
change  to  which  the  gentleman  refers. 

[Mr.  McOi-iNTox  in  the  chair.] 

Mr.  JOHNSON.  I  call  the  attention  of  the 
gentleman  from  Storey  to  the  language  of  the 
section.  I  think  it  provides  that  instruction  in 
the  University  shall  be  free  to  all  pupils.  If 
instruction  is  to  be  given  free,  I  do  not  see  how 
there  can  be  any  revenue. 

Mr.  COLLINS.  If  that  is  the  construction  to 
be  placed  upon  the  language  of  the  section, 
the  committee,  I  am  sure,  will  be  very  anx- 
ious to  change  it.  The  University  is  to  be 
placed  under  the  care  and  direction  of  a  Board 
of  Regents,  the  members  of  which  Board,  it  is 
presumed,  will  feel  a  strong  interest  in  its  pros- 
perity ;  and  as  every  such  institution  is  lan- 
guishing for  want  of  money,  it  is  hardly  to  be 
supposed  that  the  Board  will  call  in  strangers 
to  enjoy  its  facilities  and  advantages,  unless  the 
institution  is  to  derive  some  benefit  from  them 
in  return. 

Mr.  JOHNSON.  This  is  the  point  I  make  : 
that  when  we  declare  that  education  shall  be 
free  in  the  institution,  it  is  not  within  the  prov- 
ince of  the  Board  of  Regents  to  prescribe  regu- 
lations by  which  those  pupils  who  come  from 
abroad  shall  be  compelled  to  make  payment. 
I  would  prefer  the  language  as  we  find  it  in  the 
old  Constitution.  Whilst  I  would  be  in  favor 
of  making  the  University  free  for  all  pupils  liv- 
ing within  the  State.  I  am  unwilling  to  make  it 
free  also  for  those  who  come  from  abroad.  The 
int(!ntion  of  the  former  Convention  was,  that 
free  tuition  should  be  given  only  to  those  whose 
parents  or  guardians  might  reside  in  the  State. 
and  as  to  those  coming  from  abroad,  the  Re- 
gents would,  of  course,  have  the  power  to 
make  such  regulations  as  should  be  just  and 
satisfactory. 

Mr.  COLLINS.  I  perceive  the  correctness  of 
the  criticism,  and  I  think  that  some  language 
should  lie  added. 

Mr.  JOIIXSON.  I  will  move  then  to  amend 
the  section  by  adding  the  words  as  printed  in 


the  former  Constitution  :  "  And  whose  parents 
or  guardians  are  citizens  of  this  State." 

Mr.  NOURSE.  Does  not  tlu;  section  then  ex- 
clude pupils  residing  outside  the  State,  on  any 
terms  ? 

Mr.  JOHNSON.  I  think  not.  The  language 
of  this  latter  portion  of  the  section  applies  only 
to  those  whose  parents  or  guardians  are  citi- 
zens. It  gives  the  benefit  of  free  admission  to 
those  living  in  the  State,  but  there  is  nothiug  to 
prevent  the  Board  of  Regents  from  allowing 
others  to  enter  upon  such  terms  as  they  shall 
see  fit  to  prescribe. 

Mr.  WARWICK.  Would  it  not  be  better  to 
incorporate  in  the  section  the  idea  that  the 
Regents  may  prescribe  the  terms  of  admission 
of  pupils  from  abroad? 

Mr.  JOHNSON.  I  do  not  think  it  is  at  all 
necessary.  We  only  declare  here  the  one 
proposition  that  the  institution  shall  be  free  to 
those  who  reside  in  the'  State.  That  declaration 
is  expressed  in  unmistakable  language  in  the 
section,  but  nothing  is  said,  directly  or  by 
implication,  in  regard  to  pupils  who  reside 
without  the  limits  of  the  State.  The  Board  of 
Regents  may  therefore  prescribe  such  terms  as 
they  please  for  their  admission,  and  I  do  not 
think  that  anything  further  is  needed  on  that 
subject. 

Mr.  COLLINS.  I  do  not  think  that  the  word 
"free,"  as  there  used,  has  reference  to  money. 
It  strikes  me  that  it  means,  rather,  that  all  white 
citizens  shall  be  at  liberty  to  come  in,  under 
such  rules  and  regulations  as  may  be  prescribed. 
1  do  not  think  the  pupils  are  to  be  free  in  the 
sense  that  it  is  to  cost  them  nothing,  but  that 
the  privileges  of  the  institution  are  to  be  free 
to  be  availed  of  by  all  the  children  in  the 
State. 

Mr.  JOHNSON.  I  will  only  say  this,  that 
such  was  the  sense  in  which  the  word  was  un- 
derstood by  the  Convention  which  framed  and 
adopted  this  section  last  year  -namely,  that 
children  whose  parents  reside  in  this  State  shall 
be  admitted  free  of  charge.  If,  however,  that 
word  is  not  sufficient  to  convey  our  meaning, 
let  us  use  language  that  will.  I  had  something 
to  do  with  the  preparation  of  this  article  in  the 
other  Convention,  and  I  know  that  the  sense  in 
which  the  word  was  understood  then,  was  that 
education  in  the  institution  should  be  free. 
Now  I  repeat,  if  the  word  does  not  mean  that, 
and  we  intend  it,  then  let  us  substitute  gther 
words  that  will  express  our  intention  :  and  if, 
on  the  other  hand,  such  is  not  our  intention,  let 
us  adopt  such  language  as  will  clearly  express 
what  we  do  intend.  I  am  umiualifie  lly  in  favor 
of  providing  that  the  instruetinn  imparted  in  the 
University, "to  the  children  of  the  State,  shall  be 
without  cost,  and  we  can  use  that  exjiression  if 
gentlemen  consider  it  more  definite.  But  the 
word '•  free,"  as  employ<'d  in  the  section,  does 
not  refer  to  white  or  "black  :  I.  for  one.  did 
not  intend  it  to  have  any  ai)i)l!cation  or  refer- 
ence to  the  individual. 

Mr.  COLLINS.     I  am  in   favor,  to  a  certain 


582 


EDUCATION. 


[16th  day 


Thm-sday,] 


John-son — Collins — Noorse — "Warwick. 


[July  21. 


extent,  of  free  schools,  and  yet  I  do  not  believe  | 
it  is  the  duty  of  the  public,  unless  it  has  ample  : 
means,  even  to  open  the  common  schools  with- ' 
out  exactin;j;  some  small  compensation.  If  the 
State  is  pressed  for  money.  Inniteil  in  its  re- 
sources, or  overljurdened  with  del)t,  it  must 
require  parents,  even  though  they  may  be  poor,  1 
to  contribute  something  towards  the  expense  of 
educating-  their  children,  although  I  would  like 
to  have  all  the  schools  free,  in  the  most  liberal 
sense  of  the  word.  I  think  that  the  word  em- 
ployed in  this  .section  should  be  changed,  and  1 
suggest  that  we  say  •■  oiien,'"  instead  of  '-free '' 
— -which  shall  be  open  to  all  white  pupils,'" 
etc..  under  such  regulations  as  may  be  pn;- 
scribcd.  1  really  never  dreamed  that  it  was 
proposed  to  make  the  institution  perfectly  free 
to  everybody  in  the  State,  so  that  men  might 
attend,  if  they  pleased,  u])  to  the  age  of  twenty 
five,  or  over,  at  the  expense  of  the  State.  1 
know  there  are  many  colleges  having  depart- 
ments in  which  men.  up  to  the  age  of  thirty, 
receive  instructions  adapted  to  the  various 
walks  of  life,  but  they  always  exact  compensa- 
tion for  such  instrnclions.  It  seems  to  me  that 
we  oui^ht  only  to  provide  that  the  University 
shall  be  open  to  all. 

Mr.  JOHNSON.  That  might  be  susceptible 
to  the  criticism  that  it  would  be  very  incon- 
venient to  keep  the  door  open,  especially  on  a 
colli  winter  day.     [Laughter.] 

-Mr.  COLLINS.  1  use  the  word  in  the  com- 
mon acceptation  of  the  term.  As  to  the  word 
"free,-'  where  it  occurs  in  this  section— I  do 
not  find  it  at  this  monu'iit,  the  report  has  been 
so  m\ich  disarranged  and  mi.\ed  up  — 

Mr.  NOL'USE.  Allow  me  to  make  a  remark 
whih?  the  gentleman  is  looking  for  that  section. 
It  seems  to  me  that  when  we  have  gone  so  far 
as  to  provide  for  a  Mining  Uepartment,  we  have 
said  (piite  enough  ;  all  the  rest,  in  regard  to 
establishing  rules  and  regulations,  might  better 
be  left  to  the  Legislature.  As  to  nuiking  the 
institution  free,  1  do  not  think  it  is  practicable 
with  the  small  amount  of  population  in  tlie 
country — 

Mr.  COLLINS.  I  have  the  floor,  I  believe. 
I  find  the  word  ■•  frec^ "'  in  the  fourth  line  of  the 
section  as  reported.     It  says  : 

"The  Legislature  shall  iirovide  for  the  establish- 
ment of  a  State  University,  emljracius  deiiartments 
tor  a{{rii;ulture,  mechanic  arts,  and  mining,  which 
shall  be  free  to  all  white  ijupils." 

"  (Jpen  to  all  white  ])iipils,''  as  I  would  pre- 
fer to  say  — 

"  Which  shall  be  opi'n  to  all  white  pupils  possessing 
sufli  (juulilicatious  ati  may  be  iirescribeJ  by  the  Board 
of  Regents. " 

That,  it  seems  to  me,  covers  the  whole 
ground,  and  we  need  go  no  farther.  Under 
that  section,  you  may  let  juipils  in,  if  you  please, 
from  California,  from  .Maine,  from  Georgia,  or 
fi'oin  Kamschatka. 

•Mr.  WARWICK.  The  only  objection  I  see, 
is  that  (uir  State  is  rapidly  increasing.  It  is 
well  known  that  an  institution  of  tiiis  kind  will 


be  eagerly  sought  after  by  all  classes  ;  and  if 
we  admit  the  pupils  free,  I  doubt  whether  we 
shall  l>e  able  to  build  an  institution  large  eiuuigh 
to  contain  all  that  will  apply.  There  must  be 
a  limit  established.  It  will  be  like  the  Girard 
College  of  Philadelphia,  the  Smithsonian  In- 
stitute, fouiuled  by  a  benevolent  foreigner,  and 
other  similar  institutions,  all  of  which  have  a 
limit.  Therefon;  I  think,  as  the  gentleman  from 
Washoe  has  said,  that  when  we  have  provided 
that  such  an  institution  must  be  reared,  all  the 
rest  may  be  left  to  the  Legislature.  I  will  move 
to  strike  out  all  that  latter  part  of  the   section. 

The  CHAIR.MAN.  There  is  an  amendment 
pending  already,  and  consequently  the  gentle- 
man's amendment  is  out  of  order. 

Mr.  .J(  )1INSI  )N.  I  will  say  but  a  single  word 
further.  I  have  referred  to  the  action  of  the 
former  Convention  on  this  subject,  and  the 
sense  in  which  that  body  used  the  word  "  free," 
in  the  original  section,  and  I  think  the  mem- 
bers of  that  Convention  who  are  present  in  this 
will  not  disagree  with  me  in  respect  to  the 
meaning  which  was  attached  to  the  word  when 
it  was  there  employed.  Although  the  Chair- 
man of  the  Committee  on  Education  seems  to 
differ  from  me  in  regard  to  the  sense  in  which 
the  word  now  appears,  in  the  section  under 
consideration,  yet  I  certainly  conceive  that 
wh  it  I  have  stated  is  the  correct  meaning  and 
import  of  the  expression,  and  hence  I  shall  in- 
sist on  my  amendment  to  add  the  remaining 
portion  of  the  original  section — "  and  whose 
parents  or  guardians  are  citizens  of  this  State." 
I  insist  upon  this  because  I  do  not  wish  to 
throw  open  the  institution  without  cost  to 
everybody  who  may  choose  to  apply  for  admis- 
sion. 

There  seems  to  be  some  considerable  differ- 
ence of  opinion  on  this  subject  in  the  Conven- 
tion, and  1  would  like  an  opportunity  to  make 
some  estimates  in  regard  to  it.  and  to  present 
some  reasons  why,  in  my  judgment,  this  Con- 
vention should  accord  the  special  privilege 
which  I  propose  to  the  children  or  wards  of  the 
citizens  of  tlii'  State,  without  cost  in  money.  I 
think  I  can  justify  that  policy,  and  show  that 
there  are  ample  comi>ensating  advantages  to 
result  to  the  State  from  making  such  a  donation 
to  the  children  of  the  State. 

Ihit.  as  there  is  not  sufficient  time  before  the 
hour  of  adjournment  to  give  proper  considera- 
tion to  this  important  matter,  I  will  now  move 
that  the  committee  rise,  rejiort  progress,  and  ask 
li-ave  to  sit  again,  for  the  further  consideration 
of  this  article. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

I\    CONVENTION. 

The  I'RKSIDENT  having  resumed  the  chair, 
The  CILVIKMAN  reported  that  the  C^ommit- 
tee  of  the  Whole  had  had  under  consideration 
.Vrticle  XI 1,  entitled  Education,  had  made  some 
progress  therein,  and  had  instructed  him  to  ask 
leave  to  sit  again. 


ITth  day.] 


IMPEACHMENT— STATE  SEAL. 


583 


Friday,]  Hawley—Crosman—Hovey—Brosnax\— Warwick— Mason— Banks— Chapin.  [July  22. 


The  report  was  accepted,  and  leave  was 
granted  accordingly. 

On  motion  of  Mr.  CROSMAN,  at  twenty-five 
minntes  past  five  o'clocls;,  P.  M.,  tlie  Convention 
adjourned. 

SEVENTEENTH  DAY. 

Carson,  July  22,  1864. 

The  Convention  met  at  nine  o'cloclv  A.  M. 

Mr.  HAWLEY  moved,  in  tlie  temporary  ab- 
sence of  tlie  President,  that  Mr.  Mason  take  the 
chair  as  President  pro  tern. 

The  SECIiETARi'  put  the  question,  and  the 
motion  was  agreed  to. 

Mr.  MASON  declined  to  take  the  chair. 

Mr.  CROSMAN  moved  that  Mr.  Hawley  take 
the  chair  as  President  pro  tern. 

The  SECRETARY  put  the  question,  and  the 
motion  was  agreed  to. 

Mr.  HAWLEY  accordingly  took  the  chair,  as 
President  j^ro  iem. 

The  roll  was  called,  and  all  the  members  re- 
sponded, except  the  following  :  Messrs.  Ball, 
Collins,  Crawford,  DeLong.  Earl.  Fitch.  Folsom, 
Haines,  Hudson.  Jones,  Kinkead.  McClinton, 
Morse,  Nourse,  Parker,  Tozer,  Wellington.  Wil- 
liams, and  Mr.  President.  Present,  20  ;  absent. 
Id. 

Subsequently,  Messrs.  Collins,  Nourse,  and 
the  Presidi-nt  came  in,  and  were  recorded  as 
present,  on  the  roll-call. 

Prayer  was  offered  by  the  Rev.  Mr.  NIMS. 

The  journal  of  yesterday  was  read  and  ap- 
proved. 

LKAVE    OF   ABSENCE. 

Mr.  HOVEY.  I  ask  indefinite  leave  of  ab- 
sence for  Mr.  DeLong,  on  account  of  the  ill 
health  of  his  wife. 

Mr.  BROSNAN.  We  have  but  little  over  a 
quorum  now.  and  if  we  go  on  granting  indefi- 
nite leave  of  absence  to  members,  we  shall 
very  soon  find  ourselves  without  a  quorum. 

Mr.  HOVEY.  I  will  ask,  then,  that  he  be 
granted  leave  of  absence  for  one  day. 

The  (piestion  was  taken,  and  leave  of  absence 
was  granted  to  Mr.  DeLong  for  one  day. 

Mr.  JOHNSON.  I  ask  leave  of  absence  for 
myself  this  forenoon,  having  business  lo  attend 
to. 

The  question  was  taken,  and  leave  of  absence 
was  o-ranted  to  Mr.  Johnson  in  accordance  with 


day,  but  under  a  late  ruling  of  the  Chair,  I  fear 
that  it  may  not  avail  him,  and  therefore  I  ask 
leave  of  absence  for  him  for  to-day. 

The  question  was  taken,  and  leave  of  absence 
was  granted  to  Mr.  McClinton  for  one  day. 

Mr.  KENNEDY  asked  leave  of  absence  for 
Mr.  Hudson  for  one  day,  which  was  granted. 

IMPEACHMENT    AND    REMOVAL. 

Mr.  CROSMAN.  from  the  Committee  on  En- 
grossment, reported  correctly  engrossed  Article 
VH,  entitled  Impeachment  and  Removal  from 
Office. 

The  report  was  received,  and  the  article  or- 
dered on  file  for  its  third  reading. 

PHRASEOLOGY. 

Mr.  BANKS,  from  the  Committee  on  Phrase- 
ology and  Arrangement,  submitted  the  follow- 
ing report : 

The  Standing  Committee  on  Phraseology  and  Ar- 
rangement beg  leave  to  report,  that  they  have  carefully 
examined  the  following  articles,  as  engrossed  and 
passed  by  the  Convention : 

Article  VIII,  entitled  Municipal  and  other  Corpora- 
tions ; 

Article  IX,  entitled  Finance  and  State  Debt  ; 

Article  X,  entitled  Taxiitmn; 

Article  XIII,  eutiti.d  ^iilitia; 

Article  XIV,  entitled  Pulilic  Institutions; 

Article  XV,  entitled  boundary; 

Article  XVII,  entitled  Amendments. 
And  your  committee  recommend  the  following  amend- 
ments : 

In  Article  Xin,  Section  1,  line  2,  before  the  word 
"organizing,"  strike  out  the  word  "the,"  so  as  to 
read — "The  Legislature  shall  provide  by  law  for  or- 
ganizing and  disciplining  the  militia,"  etc. 

In  Article  XVII,  Section  2,  strike  out  the  last  words 
"  at  such  election,"  and  insert  the  same  after  the  word 
"cast."  in  the  24th  line,  so  as  to  read — "Reference 
shall  be  had  to  the  highest  number  of  votes  cast  at 
such  election  for  the  candidates  for  any  otfice,  or  on 
any  question." 

AH  of  which  is  respectfully  submitted. 

James  A.  Banks,  Chairman. 

The  PRESIDENT  pro  iem.  The  Chair  under- 
stands that  these  amendments  are  only  of  a 
verbal  character,  the  latter  being  merely  a 
transposition. 

Mr.  BANKS.    That  is  all. 

The  report  was  adopted,  and  the  amendments 
agreed  to  by  unanimous  consent. 

STATE    SEAL. 

Mr.  CHAPIN,  from  the  Committee  on  State 
Seal,  submitted  the  following  report : 

Mb.  President  —  Your  Committee  on  State  Seal 
recommend  that  the  following  prominent  features  bo 


his  request. 

Mr    WARWICK.      Leave  of  absence  was  yes-  represented  upon  the  state  Scul,  to  wit: 

f  >,.,1^,r  n.>..,r>f,.rl    tr^^\v     Fnrl    fnv  on*'   d'lv  oulv  In  the  foreground,  two  large  mountams—ai  lue  uaaa 

terday  gi anted   to  Mt    Eail,  toi  one  clay  oniy,  ^^  ^^         ^^^^^^  ^^^^^^^  ^j^^,^.^^  ^,^^i,  ,^^  ,„^.^t^j  ^  ,^,,^^4^ 

but  with  an  understanding  that  the  leave  woultl  ^^^^^  ^^^^  ^^^  ^j^g  Ipjt  ^  tunnel,  penetrating  the  silver 
be  extended,  if  the  necessities  of  the  case  should  |  jead's  of  the  mountains,  with  a  miner  running  out  a  car 
renuire  it  I  now  ask  that  he  have  leave  of  l  load  of  ore.  and  a  team  loaded  with  ore  l\.r  the  miU. 
1L41UIC  It       X    iivjv,  Tmmediatelyin  the  foreground,  there  shall  be  einhUma 

absence  for  another  day.  rnXaUve  of  the  agricultural  resources  of  the  State,  as 

The  question  was  taken,  and  leave  or  absence  |  joHo^.g;  a  plough,  a  sheaf,  and  a  sickle:  in  the  middle 
for  to-day  was  granted  to  Mr.  Earl.  I  ground,  a  train  of  railroad  cars  passing  a  mountain 

Mr.  BRADY  asked  l.ave  of  absence  for  Mr.  j  f-ge-^a  ^egraph^nec^te^  of 

Folsom  for  one  day,  which  was  granted.  1  j,„„^.giad  mountains,  with  the  rising  sun  in  the  cast. 

Mr.  Mx\S(^N.  Mv  colleague,  Mr.  McClinton,  |  ^Ijji.ty.six  stars  to  encircle  the  whole  group.  In  an 
obtained  indeflnte  'leave  of  absence  the  other  !  outcr"circle,  the  words  -The  Great  Seal  of  the  State  of 


584 


LIMITATION  OF  SPEECHES. 


[17th  day. 


Friday,]      Johnson— Dunne— Kennedy— Banks— Chapin— Warwick— Bbosnan,  etc.      [July  22. 


Nevada"  to  be  engraven,  with  these  words  for  the 
motto  of  cm-  State,  "  AU  for  Our  Country. 

Samuel  A.  Chapin,  Chairman. 

The  question  was  taken  on  the  adoption  of 
the  reiiort.  and  it  was  adopted. 

Mr.  JOHNSON.  1  suppose  it  is  necessary 
that  tliere  should  be  a  motion  to  discharge  the 
committee. 

The  PRESIDENT  pro  iem.  It  may  be  desira- 
ble hereafter  for  the  committee  to  take  further 
action. 

SCHEDULE. 

Mr.  DUNNE.  In  the  absence  of  the  Chair- 
man of  the  Committee  on  Schedule,  I  wish  to 
say  that  we  are  not  yet  prepared  to  report  in 
full,  but  we  expect  to  present  a  partial  report 
this  afternoon  or  evening.  There  has  been  a 
meeting  of  the  committee  called  for  a  quarter 
before  one  o'clock  to-day,  and  it  is  very  desira- 
ble that  each  county  should  be  represented,  if 
not  bv  the  regularly  appointed  member,  then 
by  some  other  meniber  from  the  county,  who 
mav  be  admitted  to  participate  in  the  delibera- 
tions, by  vote  of  the  committee.  I  hope  there 
will  be  a  full  attendance. 

LIMITATION   OP  SPEECHES. 

Mr.  KENNEDY  offered  the  following  resolu- 
tion : 

Resolved,  That  no  member  be  allowed  to  speak  more 
than  once,  nor  longer  than  five  minutes  upon  any  one 
subject,  and  if  siid  tima  be  consumed,  he  shall  not  be 
allowed  to  explain  his  vote. 

Mr.  BANKS.  I  move  to  strike  out  all  of  that 
resolution,  except  so  much  as  limits  the  time. 
I  am  willing  .to  confine  gentlemen  to  a  limited 
time  of  speaking  in  debate,  but  if  a  member 
wishes  to  explain  his  vote,  he  should  have  that 
privilege. 

Mr.  KENNEDY.  I  will  state  that  it  is  not 
my  desire  to  limit  deliate.  at  all,  but  we  have 
got  into  such  a  position  that  it  is  absolutely 
necessary,  in  my  opinion,  if  we  intend  to  make 
any  Constitution  at  all,  that  we  should  finish  it 
by  Saturday  night.  I  know  that  some  gentle- 
men exjject  to  go  home  to-nnn-row  morning, 
and  I  am  apprehensive  that  we  shall  find  our- 
selves left  without  a  quorum.  I  think  it  is  time  lor 
tis  to  vote  more  and  talk  less.  I  will  suggest 
further,  that  if  there  should  be  some  cases  arise 
where  it  is  necessary  for  a  meml)er  to  speak 
longer  than  five  minutes,  he  can  do  so  by  unan- 
imous consent. 

Mr.  DUNNE.  That  should  be  inserted,  then, 
for  as  it  reads  now,  it  reipiires  only  a  majority 
vote  to  extend  the  time. 

Mr.  KENNEDY.  I  will  accept  the  sugges- 
tion, and  insert  the  words,  •' except  by  unani- 
mous consent."' 

Mr.  ( 'H.Vl'IN.  I  will  suggest  an  amendment, 
that  the  five  minutes  limitation  be  made  to  ap- 
[tiy  only  lo  any  (piesiion  Ijefore  the  Convention. 
Then  a  member  can  make  sliort  s])eeclies  as 
often  as  he  pleases,  so  long  as  lie  does  not  con- 
sume altogether  more  than  five  minutes  of  the 
time  of  the  Coaveution. 


Mr.  JOHNSON.  Perhaps  we  should  go  a  lit- 
tle further  and  have  a  time-keeper  appointed, 
if  each  member's  time  is  to  be  divided  into 
fractions.  I  will  suggest,  however,  that  the 
number  of  times  of  speaking  is  not  limited 
by  the  rale  heretofore  adopted  for  the  govern- 
ment of  the  Convention.  And  another  thing, 
if  we  are  to  have  such  a  rule,  it  is  quite  as  im- 
portant that  it  should  apply  in  Committee  ol 
the  Whole  as  in  the  Convention. 

Mr.  KENNEDY.  I  intended  it  to  apply  to 
both. 

Mr.  WARWICK.  The  diRiculty  is  that  there 
is  frequently  a  delicacy  on  the  part  of  the  pre- 
siding officer,  about  calling  a  member  to  order 
who  has  exceeded  his  time. 

Mr.  JOHNSON.  In  regard  to  that,  I  will  say 
that  the  rule  which  has  governed  the  Conven- 
tion hitherto  regarding  the  length  of  speeches, 
in  my  opinion,  left  it  discretionary  with  the 
Chair  to  call  a  member  to  order  or  not,  unless 
objections  were  made.  If,  however,  a  different 
rule  shall  be  adopted,  which  is  imperative  in  its 
character,  absolutely  limiting  the  time  of  speak- 
ing, without  reference  to  objections  being  nuxde 
or  not,  I  should,  while  in  the  Chair,  feel  it  my 
dutv  to  enforce  such  rule. 

Mr.  WARWICK.  Very  well ;  I  hope  the  res- 
olution will  be  adopted  with  that  understand- 
ing. 

Mr.  CHAPIN.  I  hope  it  will  be  considered 
the  bounden  duty  of  the  Chair  to  enforce  the 
rule. 

Mr.  BANKS.  I  will  withdraw  my  proposi- 
tion to  amend  the  resolution,  because  a  mem- 
ber may  make  an  explanation  by  consent  of 
the  Convention. 

The  PRESIDENT  j)ro  tern.  Several  other 
amendments  have  been  accejited,  I  understand, 
by  the  mover  of  the  resolution. 

Mr.  KENNEDY  modified  his  resolution,  so  as 
to  read  as  follows  : 

Resolved,  That  no  member  be  allowed  to  sjoeak  longer 
than  five  minutes  upon  any  one  sub.ieet,  either  in  Con- 
vention or  in  Committeee  of  the  Whole,  and  if  said 
time  be  consumed,  he  shall  not  be  allowed  to  explain 
his  vote. 

The  qnesti(Ui  was  taken  upon  the  adoption  of 
the  resolution  as  modified,  and  it  was  adopted. 

THE    FINAL   ENROLLMENT. 

Mr.  IMIOSNAN.  I  would  like  to  ask  a  ques- 
tion for  information,  and  that  is,  at  what  time 
the  Constitution  will  probably  be  enrolled  and 
l)repared  for  the  signatures  of  membtTs  of  the 
Convention.  I  make  the  inquiry,  because  I 
learn  tliat  some  of  the  members  desire  to  leave 
this  week,  and  I  do  not  see  how,  in  that  event, 
their  signatures  can  be  oljfained. 

The  PRESIDENT  pro  tern.  (Mr.  Hawlcy.)  I 
will  state  that  the  Enrolling  Clerk  assures  us, 
that  every  ])ortion  which  has  been  placed  in 
liis  hands  will  be  ready  by  to-mori'ow  nu)rning, 
and  ])rob;il)ly.  if  any  nu>re  shall  be  handed  in 
to-day.  it  will  also  b(!  included.  Nevertheless,  I 
will  state,  from  the  best  information  I  can  ob- 


17th  day.] 


EDUCATION. 


585 


Friday,]  Bkosnan—Johnsox—Chapin— Dunne— Banks— Nodrse—Crosmax — Collins.    [July  22. 


tain,  that  it  will  be  impossible  to  have  the  whole 
instriiiueut  enrolled  by  to-morrow  night.  The 
article  on  tlie  Judicial  Department,  and  the 
Schedule  will  be  very  long,  and  those  are  not 
yet  in  the  hands  of  the  Enrolling  Committee. 

Mr.  BROSNAN.  I  made  the  inquiry  mainly 
in  order  that  members  of  the  Convention  may 
be  apprized  of  the  fact  that  their  signatures  to 
the  document  are  necessary. 

Mr.  JOHNSON.  How  many  signatures  are 
necessarv  to  give  it  validity  ? 

Mr.  BliOSNAN.  I  do  not  know  ;  but  it  is 
usual  for  each  member  of  a  Constitutional  Con- 
vention to  append  his  sign  manual  to  the  instru- 
ment which  he  has  assisted  in  framing. 

Mr.  CHAPIN.  I  hope  to  see  it  enrolled  by 
to-morrow  evening,  so  that  there  may  bo  no 
loss  of  time.  I  trust,  therefore,  that  the  com- 
mittee will  attend  to  the  business,  and  have 
tlie  work  done  without  delav. 
_  The  PRESIDENT  2)ro  tern.  It  will  be  impos- 
sible, unless  the  articles  on  the  Judiciary  and 
the  Schedule  shall  be  finally  acted  upon, 

Mr.  CHAPIN.  We  are  going  to  act  upon 
them  to-day,  I  hope. 

Mr.  DLiNNE.  I  do  not  think  it  will  be  possi- 
ble to  have  it  enrolled  before  ten  o'clock  on 
Saturday  night ;  but  perhaps  members  can  pur- 
sue the  same  plan  which  was  adopted  by  the 
last  Convention — that  is,  sign  their  names  in 
blank. 

COMMITTEE    OF   THE    WHOLE — EDUCATION. 

On  motion  of  Mr.  DUNNE,  the  Convention 
resolved  itself  into  Committee  of  the  Whole, 
(the  President  pro  tern. — Mr.  Hawley — remain- 
ing in  the  chair,)  and  resumed  consideration  of 
Article  XH,  entitled  Education. 

FREE    ADMISSION   TO    STATE    UNIVERSITY. 

The  question  was  stated  on  the  amendment 
offered  by  Mr.  Johnson  to  Section  4,  to  add 
thereto  the  words  —  "and  whose  parents  or 
guardians  are  citizens  of  this  State  ; "'  so  that 
the  section  would  read  as  follows  : 

Sec.  4.  The  Legislature  shall  provide  for  the  estab- 
lishment of  a  State  Univer.sity,  embracing  deiiartments 
for  agriculture,  mechanic  arts,  and  mining,  which  shall 
be  free  to  all  white  pupils  possessing  such  qualifica- 
tions as  may  be  prescribed  by  the  Board  of  Kegouts, 
and  whose  parents  or  guardians  are  citizens  of  this 
State. 

Mr.  JOHNSON.  There  was  another  amend- 
ment offeriHl  in  the  form  of  a  substitute  for  the 
section,  either  by  the  gentleman  from  Washoe, 
(Mr.  Nourse.)  or  "the  gentleman  from  Humboldt, 
(Mr.  Banks.) 

Mr.  BANKS.     I  think  that  was  lost. 

Mr.  JOHNSON.  No.  sir.  I  wisli  to  call  the 
attention  of  those  gentlemen  to  the  facts.  I  am 
confident  there  was  an  amendment  to  Section  4 
— in  its  character,  a  substitute  for  the  section- 
offered  by  one  or  the  other  of  tliose  gentle- 
men. 

Mr.  BANKS.  My  recollection  is,  that  I  offer- 
ed an  amendment,  which  was  voted  upon,  pro- 


viding that  the  Legislature  should  pass  such 
laws  as  would  secure  the  keeping  open  of  the 
schools  for  six  months  in  tiie  year, 

Mr.  JOHNSON.  That  was  "in  Section  2  ;  the 
one  I  allude  to  was  proposed  to  Section  4,  now 
under  consideration  ;  or,  if  not  offered,  it  was 
at  least  read  for  information.  The  effect  of  it 
was,  to  omit  all  after  the  first  three  lines,  stop- 
ping at  the  words  •'  mining  department,"'  in  the 
section  as  printed  in  the  old  Constitution.  I 
think  there  was  an  amendment  pending  of  that 
purport. 

Mr.  NOURSE.  I  believe  I  made  that  sug- 
gestion, but  T  made  no  motion. 

Mr.  CROSMAN.  I  will  move  to  strike  out 
that  latter  portion,  after  the  word  '■  Regents." 
That  will  leave  the  matter  entirely  open  for 
legislative  action. 

The  CHAIRMAN.  The  Chair  recollects  that 
objection  was  made  to  the  latter  clause  on  the 
ground  of  certain  privileges  to  which  children, 
whose  parents  or  guardians  reside  in  this  State, 
are  entitled,  and  in  view  of  that  oljjection  the 
Chair  was  about  to  propose  an  amendment.  I 
will  suggest  to  the  gentleman  from  Ormsby 
(Mr.  Johnson)  to  present  that  amendment,  which 
I  think  will  do  away  with  all  the  objections 
urged  against  the  section. 

Mr.  CROSMAN.  There  does  not  seem  to  be 
any  motion  at  present  before  the  Convention, 
and  I  will  ask  the  Chair  to  put  my  motion,  as 
it  has  been  seconded.  That  will  leave  the 
whole  matter  to  the  Legislature,  to  determine 
whether  the  institution  shall  be  free  for  all 
children,  or  free  for  all  white  children,  or  what 
shall  be  the  terms  of  admission  in  any  and  all 
cases. 

The  CHAIRMAN.  There  is  a  motion  pend- 
ing, the  amendment  offered  by  the  gentleman 
from  Ormsby,  (Mr.  Johnson.) 

Mr.  JOHNSON.  I  will  withdraw  that  amend- 
ment. I  do  not  consider  it  necessary,  unless 
we  retain  the  other  ]jortions  of  the  section, 

Mr.  COLLINS.  In  order  to  harmonize  this 
matter,  I  will  say  that  I  have  no  ])articular  ob- 
jection, for  my  own  part,  to  striking  out  all, 
except  that  portion  which  requires  the  estab- 
lishment of  the  University.  And  here  is  an 
amendment  which  has  been  handed  to  me  that 
seems  to  cover  the  entire  ground.  It  is  to 
strike  out  the  latter  clause,  and  substitute  the 
following  : 

"And  the  Board  of  Regents  shall  prescribe  the  terms 
upon  which  pupils  shall  be  entitled  to  the  privileges  of 

said  University." 

Mr.  CROSMAN.  Now  I  suljmit  to  the  Chair 
and  to  the  Convention,  whether  it  would  not  be 
more  explicit,  and  better  in  every  way,  to  let 
the  section  provide  simply  for  the  University, 
and  tlion  for  a  Board  of  Regents,  and  leave  all 
the  rest  to  the  Legislature. 

Mr.  COLLINS.  I  am  satisfied  with  that.  Here 
is  something,  handed  me  by  the  gentleman 
from  Lyon,  (Mr.  Crosman,)  that  would  be  short 
and  concise  : 


586 


EDUCATION. 


[17th  day. 


Friday.]  Nourse—Crosman—Brosnan— Johnson— Collins— Ghapin—MasoxN.  [July  22. 


"The  Legislature  shall  provide  for  tho  establishment 
of  a  State  University,  which  shaU  be  under  the  control 
of  a  Board  of  Regents." 

Mr.  NOURSE.  I  like  the  general  idea  of  that 
rerv  much,  only  I  would  suggest  to  add  to  it, 
'•whose  powers  and  duties  shall  be_ prescribed 
by  the  Legislature."  and  not  leave  it  to  be  in- 
ferred, perhaps  tiiat  they  have  absolute  control. 
I  will  vote  for  it  with  tliat  addition. 

Mr.  CIJO.-^MAN.  I  will  accept  of  that,  al- 
though I  think  it  would  rath-r  be  inferred. 

Ml-  J5U0SXAN.  I  rise  for  information,  and 
would  like  to  get  the  attention  of  the  gentle- 
Tnan  tVoni  Ormsby  (Mr.  Johnson)  for  a  nioment. 
I  suppose  it  is  intended,  in  the  establishment 
of  this  institution,  to  comply  with  the  Act  of 
Congress  of  18l)2.  granting  lands  to  the  several 
States  for  agricultural  colleges,  and  that  Act,  I 
believe,  provides  that  the  institution  shall  pos- 
sess various  features.  It  is  not  to  be  devoted  to 
agricultur.il  purposes  only,  but  the  mechanic 
arts  and  militirv  tactic^  are  also  to  be  taught. 

The  CHAIRMAN,  .\llow  me  a  word  of  ex- 
planation on  that  subject.  There  is  another 
section  which  provides  for  these  matters,  and 
the  gentleniin  will  observe  that  it  is  not  left 
discretionary  whether  those  branches  shall  be 
taught  or  not. 

Mr.  JOHN'SON.  I  will  farther  suggest  that  the 
section  which  has  been  reported  by  the  com- 
mittee, is  more  extended  than  the  printed  sec- 
tion, in  the  old  Cf)nstitution.  The  chairman  of 
the  committee  will  be  able  to  explain  the  ob- 
jects intendeil  to  ))e  gained  by  the  section. 

Mr.  COLLINS.  The  law  of  1862,  which 
has  been  referred  to  by  my  learned  colleague, 
(Mr.  Hrosnan.)  mikes  it  obligatory  that  the  col- 
lege established  by  aid  of  the  fund  provided 
for.  shall  Ije  for  the  purpose  of  the  benefit  of 
agriculture  and  the  mechanic  arts  ;  and  in  pre- 
scribing the  details  of  such  institution,  in  one 
j)ortion  of  the  Act.  it  designates  military  tac- 
tics as  one  of  the  I>raa3h3s  in  whicli  pupils  are 
to  be  instructed.  It  also  provides  that  the  fund 
arising  from  the  sale  of  the  thirty  thousand 
acres  of  land  donated  to  the  State  for  each 
member  of  Congress,  shall  be  set  apart  for  these 
specific  purposes.  The  subsetpient  section,  as 
it  will  be  seen.  ])rovides  for  the  matter  fully. 

And  here  allow  nie  to  say  to  the  gentlerain 
from  Lyon.  (Mr.  Crosman.)  that  if  his  amend- 
ment is  to  prevail.  I  hope  he  vvill  modify  it  so 
as  to  include  this  language:  '"A  State  Univer- 
sity, embracing  dep  irtmjnts  for  agriculture, 
mechanic  arts,  and  mining."  I  desire  that  mod- 
ification merely  for  the  purpose  of  covering  the 
entire  ground. 

Mr.  CROS.MAN.  I  will  accept  that. 
Mr.  COLLINS.  I  will  say,  further,  that  so 
far  as  I  am  concerned,  I  would  rather  have  pre- 
ferred to  leave  the  whole  mitter  to  tin;  Legisla- 
ture, but  in  deference  to  the  former  Convention, 
the  committ(!e  desiriMl  to  retain  as  much  of  the 
langu  igi'  of  the  original  section  as  possibh;. 

Mr.  Ni  )1TRS1*].  I  do  not  know  that  my  am  nid- 
mc-nt  will   be  necessary,  as  the  section  is  now 


proposed  to  be  modified,  but  it  will  undoubt- 
tidly  cover  the  whole  ground  if  we  add  •'  under 
such   regulations  as  shall  be  provided  by  law." 

Mr.  CHAl'IN.  Allow  me  to  suggest  that  we 
shall  save  time  by  h  iving  this  whole  article 
read  through  carefully,  section  by  section. 

Mr.  COLLINS.  Let  me  sugge.st  to  the  gen- 
tleman from  Lyon.  (.Air.  Crosman.)  that  the  pre- 
sumption is  the  Legislature  would  proviile  lor 
a  Board  of  Regents,  even  if  there  were  no  fur- 
ther provision  on  that  subject. 

jMr.  MAS;JN.  I  rise  to  a  question  of  order, 
that  we  have  not  a  quorum  present. 

The  SBCilETxVRY  counted  the  Convention, 
and  reported  that  nineteen  members  were  pres- 
ent, being  one  less  than  a  quorum. 

Mr.  CHAPIN.  I  will  move  that  the  commit- 
tee rise,  in  order  that  we  may  have  a  call  of  the 
House. 

The  CHAIRMAN.  I  see  that  one  member 
has  come  in  since  the  count,  miking  a  quorum. 
I  hope  that  members  will  bear  in  mind  our  at- 
tenuited  condition,  and  remiin  in  attendance 
as  much  and  as  long  as  possible. 

Mr.  CHAPIN.     I  withdraw  the  motion. 

The  SaJRETARY,  by  direction  of  the  Chair- 
man, read  through  the  entire  article. 

Mr.  NOURSE.  I  find  that  Section  7  covers 
the  whole  ground,  so  that  my  amendment  is  not 
necessary. 

.Mr.  C;')LLIN3.  The  proviso  in  Section  8,  I 
will  state,  was  m  ide  in  conformity  with  the  re- 
quirements of  the  Act  of  Congress. 

PRESERVATION    OF    SC:iOOL    FDNDS. 

Mr.  N0UR-5E.  I  see  it  is  provided  that  the 
interest  on  the  funds  coming  under  the  control 
of  the  Board  of  Regents,  must  be  used. 

Mr.  COLLINS.  Yes,  sir.  The  law  of  Con- 
gress provide^  that  if  any  portion  of  the  fund 
invested  shall,  by  any  accident  or  contingency 
be  lost,  it  shill  be  replaced  by  the  S'ate. 

Mr.  NOURSE.  But  this  section  provides  that 
both  principal  and  interest  shall  remain  undi- 
minished. 

Ml-.  COLLINS.  That  refers  to  interest  which 
may  accumulate. 

Mr.  NOURSE.  I  understand  that  the  inter- 
est must  be  used  from  year  to  year  in  carrying 
on  the  institution,  and  I  think  that  portion  re- 
lating to  the  interest  had  better  be  stricken 
out.  You  cannot  apply  the  interest  to  the  j)ur- 
po?es  of  ediicition.  and  have  it,  too. 

Mr.  COLLINS.  I  think  verv  likely  that  the 
gentleman's  criticism  is  just,  and  an  amend- 
ment miy  be  necessary  there. 

Mr.  NOURSE.  Suppose  you  use  there  the 
exxct  words  of  the  Act  of  Congress? 

.Mr.  COLLINS.  By  unanimous  permission  of 
the  committee,  I  will  amend  that  part  of  the 
section  by  striking  out  the  words  "  interest 
and." 

No  objection  being  made.  Section  8  was  so 
amended. 

ADVnSSIOV    TO    UNIVER-ilTY — AGAIN. 

The  CIIzVIRMAN.    Section  i  is  now  under 


17th  day.] 


EDUCATION. 


587 


Friday,] 


Crosman—Collixs— Dunne— Lockwood—Frizell—Chapin. 


[July  22. 


considera*^ion,  and  the  Chair  understood  the 
gentleman  from  Lyon  to  offer  a  substitute. 
Does  he  withdraw  it,  or  insist  upon  it? 

Mr.  CROSMAN.  1  do  not  know  that  I  un- 
derstand the  purport  of  the  amendment  pro- 
posed by  the  2;entleman  from  Storey,  (Mr.  Col- 
lins.) Is  it  different  from  the  report  of  the 
committee? 
Mr.  COLLINS.  Yes,  sir. 
The  CHAIRMAN.  The  Chair  will  state  that 
there  appears  to  be  only  a  little  difference  in 
the  language,  but  no  real  dilference  in  the 
meaning. 

Mr.  ULTNNE.  I  wish  to  address  a  remark  to 
the  gentleman  from  Storey.  The  word  ••  inter- 
est'' having  been  stricken  out  by  hi*  amend- 
ment, leaves  the  word  ••  principal '"  alone.  Now 
would  it  not  be  better  to  use  the  word  '•  cap- 
ital?" 

The  CHAIRMAN.  The  gentleman  is  not  in 
order.  That  amendment  will  not  come  up  un- 
til the  section  is  reached. 

Mr.  DUNNE.  I  understood  the  Chair  to  state 
the  question  on  the  amendment  offered  by  the 
gentleman  from  Storev. 

The  CHAIRMAN.  It  is  the  amendment  to 
Section  4.  No  other  section  is  now  under  con- 
sideration. 

Mr.  COLLINS.  I  will  state  that  my  amend- 
ment is — although  I  am  more  than  half  inclined 
to  leave  the  subject  entirely  to  the  Legislature 
- — to  provide  that  the  Legislature  shall  appoint 
a  Board  of  Regents,  and  said  Board  of  Regents 
shall  prescribe  rules  and  regulations  for  the 
State  Universitv. 

Mr.  CROSMAN.  Then  I  do  not  withdraw 
my  motion.  I  think  this  amendment  is  much 
more  concise  and  to  the  purpose,  providing 
that  the  Legislature  shall  provide  for  the  Uni- 
versity and  Mining  Department.  I  want  the 
Legislature  simply  to  provide  for  the  Univer- 
sity, and  then  let  it  be  under  the  control  and 
management  of  the  Board  of  Regents,  as  jiro- 
vided  by  law. 

Mr.  LOCK  WOOD.  I  understand  that  the 
amendment  of  the  gentleman  from  Storey  (Mr. 
Collins)  provides,  in  the  first  place,  that  the 
Board  of  Regents  shall  prescribe  regulations 
for  the  LTniversity,  and  that  then  the  section 
goes  on  to  say,  that  pnjHls  shall  be  admitted 
under  the  rules  and  regulations  prescribed  by 
that  Board.  If  that  is  so,  it  looks  to  me  like 
tautology. 

Mr.  DUNNE.  It  appears  to  me  that  this 
matter  is  getting  very  much  mixed.  I  move 
that  the  committee  rise,  and  recommend  that 
the  report  be  recommitted  to  the  Committee  on 
Education. 

Mr.  COLLINS.  I  think  the  amendment  of 
the  gentleman  from  Lyon  (Mr.  Crosman)  is  very 
complete,  and  all  that  is  required.  It  is  only 
a  moment's  work  to  agree  upon  it,  so  as  to  be 
satisfactory  to  all. 

The  CHAIRMAN.     Does  the  gentleman  from 
Humboldt  insist  on  his  motion? 
Mr.  DUNNE.     Yes,  sir. 


Mr.  FRIZELL.     I  hope  it  will  not  prevail- 

They  can  get  the  section  perfected  in  a  moment- 

The  question  was  taken  on  the  motion  that 
the  committee  rise,  and  it  was  not  agreed  to. 

Mr.  COLLINS.  This  seems  now  to  embrace 
all  that  is  needed.     I  will  read  it  : 

Sec.  4.  The  Legislature  shall  provide  for  a  State 
University,  embracing  ilepartiiieiits  for  agriculture, 
mechanic  arts,  aarl  mining,  to  be  under  the  control  of 
a  Board  of  Kegeuts ,  as  may  be  provided  for  by  law. 

Mr.  CROSMAN.     I  accept  that. 

Mr.  LOCKWOOD.  I  desire  to  suggest  to  the 
gentleman  to  put  in  the  first  line  there,  the 
words  •'  for  the  establishment  of."  It  seems  to 
infer  that,  as  it  is,  but  it  will  make  the  language 
clearer. 

Mr.  COLLINS.  Very  well ;  I  will  insert  that, 
if  there  is  no  objection,  and  will  make  another 
slight  correction. 

The  SECRETARY  read  the  amendment  as 
finally  modified,  as  follows  : 

Sec.  4.  The  Legislature  shall  provide  for  the  es- 
tablishment of  a  State  University,  which  shall  embrace 
departments  for  agriculture,  mechanic  arts,  and  min- 
ing, to  be  controlled  by  a  Board  of  Regents,  whose 
duties  shall  be  prescribed  by  law." 

The  question  was  taken  on  the  adoption  of 
the  amendment,  as  a  substitute  for  the  section 
originally  reported  by  the  Committee  on  Edu- 
cation, and  it  was  adopted. 

ESTABLISHMENT    OF   .SCHOOLS. 

Section  5  wafe  read,  as  follows  : 

Sec.  5.  The  Legislature  shall  have  power  to  establish 
Normal  Schools,  and  such  different  grades  of  schools, 
from  the  primary  department  to  the  University,  as  in 
their  discretion  they  may  see  lit;  and  all  professors  in 
said  University,  or  teachers  in  said  common  schools, 
of  whatever  grade,  shall  be  required  to  take  and  sub- 
scribe to  the  oath  as  prescribed  in  Article  XVI  of  this 
Constitution.  No  professor  or  teacher  who  fails  to 
comply  with  the  provisions  of  any  law  framed  in  ac- 
cordance with  the  provisions  of  this  section,  shall  be 
entitled  to  i-eeeive  any  portion  of  the  public  moneys 
set  apart  for  school  purposes. 

Mr.  LOCKWOOD.  I  do  not  desire  to  delay 
action,  but  just  to  take  the  sense  of  the  Con- 
vention, I  move  to  strike  out  in  the  second  line 
the  words  '•  normal  schools."  The  Legislature 
is  authorized  to  establish  all  grades  of  schools, 
and  it  is  not  necessary  to  mention  normal 
schools  specially. 

The  question  was  taken,  and  the  amendment 
was  not  agreed  to. 

The  question  was  taken  on  the  adoption  of 
the  section  as  read,  and  it  was  adopted. 

SPECIAL   SCHOOL   TAX. 

Section  6  was  read,  as  follows : 

Sec.  6.  The  Legislature  shall  provide  a  special  tax 
of  one-half  of  one  mill  on  the  dollir  of  all  taxable 
property  in  the  State,  in  addition  to  the  other  means 
provided  for  the  support  and  maintenance  of  said  Uni- 
versity and  common  schools;  proi'iUeJ,  that  at  the  end 
of  ten  years  they  may  reduce  said  tax  to  one  quarter 
of  one  'mill  on  each  doUar  of  taxable  iiroperty. 

Mr.  CIIAPIN.  Before  this  section  is  adopted 
I  would  like  to  suggest  whether  it  is  not  desira- 
ble to  make  one  altt'ration.  There  seems  to  l)0 
provision  made  in  a  jirevious  part  of  the  article 


588 


EDUCATION. 


[17th  day 


Friday.] 


DuxxE— Chapin — Collins — Frizell — Nourse. 


[July  22. 


for  a  school  fund,  which  may  be  entirely  ample, 
;ind  I  would  like  to  alter  this  lan,u,-iiase,  where 
it  ?ays  the  Leirislature  sluiU  provide  a"  special 
tax  of  one-half  of  one  mill  on  the  dollar.  I 
move  to  strike  out  the  word  -shall,"  and  insert, 
••  may  in  its  discretion."' 

The  question  was  taken,  and  the  amendment 
was  ajjreed  to. 

Mr.  Dl'XXfi.  What  is  the  use,  now,  of  the 
proviso  at  the  end  of  the  .section  ' 

Mr.  ( "O.VPIX.  I  move  to  strike  out  the  pro- 
viso also. 

Mr.  DUNNE.  I  want  that  word  '•  shall  "  put 
in  aij^ain.  and  I  hope  it  will  be. 

Mr.  COLLLNS.  I  regret  that  it  has  been 
.'^Iricken  out.  for  I  am  confident  the  Board 
of  Regents  will  have  great  ditiirnlty  in  getting 
funds.  It  is  always  the  ca-;e  th  it  instilulions  of 
this  character  are  embarrassed  for  the  want  of 
funds,  an. 1  I  hope  the  committee  will  reconsider 
that  amendment. 

Mr.  FlUZKLL.  There  is  no  doubt  that  if 
any  funds  shall  V)e  needed  for  the  State  Fni- 
viT.-ity,  or  for  the  support  of  normal  or  other 
schools,  they  will  be  provided.  There  will  be 
American  citizens  in  the  Legislature,  and  if  the 
money  is  needed,  and  they  may  in  their  discre- 
tion apju-opriate  it,  the  Legislature  will  vote 
the  rc(piired  amount  of  money.  There  can  be 
no  douljt  al)out  that.  On  the  contrary,  it  a])- 
jiears  that  there  is  ample  provision  made  by 
this  article,  both  for  the  schools  and  the  Uni- 
versity, and  consequently  it  may  be  that  no 
special  tax  will  be  needed.  Now  which  horn 
of  the  dilemma  is  it  best  for  us  to  take?  I  say 
we  had  ln'tter  leave  it  to  the  discretion  of  the 
Li'gishiture.  because  it  is  certain  that  the  tax 
will  be  li'vird.  if  it  is  needed. 

.Mr.  Cll.VPIN,  I  hope  my  amendment  will 
be  adopt  d  striking  oi't  the  proviso.  Every 
geatl  Main  knows  that  the  hearts  of  our  people 
ar.;  s;t  on  the  common  schools  ;  and  who  cm 
doulit  that  the  Legislature,  r.^prescnting  such 
a  peoph;.  will  levy  a  tax  if  there  shall  be  any 
occisi(jn  for  it?  I3ut  I  do  not  Ijelievc  in  coin- 
pL'lling  the  L'igislature  to  bardv'ii  us  with  a 
tax,  unless  it  shall  be  really  neidid  ;  there- 
fore I  trust  that  the  proviso  will  be  stricKen 
out. 

Mr.  COLLINS.  The  committee  had  in  view 
the  d  Ifiouliies  which  every  new  State  has  en- 
countered in  the  estiblisliment  of  State  Uni- 
versitii.'5  and  the  maintaining  of  the  comm  )n 
school  int'-rest.  Now  this  .section  contemplates 
that  the  Board  of  Ilegents  will  set  aside  the 
proc 'eds  of  this  tax  of  one  half  mill  upon  a 
dollar  for  the  special  purpo.se  of  creating  a 
fuufl.  to  be  allowed  to  accumulate  until  there 
shall  })';  money  sufficient  to  lay  the  found, ition 
of  an  institution  such  as  the  wants  of  the  State 
m  ly  dem  in<].  Hiving  the  proceeds  of  the 
thirty  thousand  acres  for  each  member  of  Con- 
gress, which  will  be  ninety  thousand  acres  for 
this  .S'ati'.  they  may  si.'t  that  apart  as  a  perm  i- 
neat  fund  for  the  support  and  maintenance  of 
profc-sors  iu  the  University.    If  this  matter  of 


the  special  tax  is  left  to  the  Legislature,  whaj; 
will  be  the  result?  That  body  will  be  under 
a  pressure,  a  terrible  pressure  I  have  no  doubt, 
which  will  imp'd  them  to  postpone  the  tax 
fi'om  year  to  year  ;  whereas,  it  the  tax  werj 
levied  at  once,  a  small  tax  that  nobody  would 
really  feel,  it  would  go  on  gradually  accumu- 
lating into  a  fund  of  some  magnitude,  until 
five.  ten.  or  twenty  years  hence,  as  the  case 
miy  be.  it  will  become  siifficier.t  in  the  aggre- 
gate to  lay  the  foundation  of  an  institution  that 
will  be  a  benefit  and  an  honor  to  the  State. 
I  hope  we  shall  not  n''glect  to  provide  for  an 
important  matter  like  this,  while  we  are  still 
in  an  embryo  state.  I  do  not  believe  that  the 
Legislature  is  likely  to  be  as  earnest  in  this 
matter  of  education  as  gentlemen  appear  to 
anticipate.  The  Legislature  of  last  winter  de- 
monstrated the  fact  that  it  did  not  possess  that 
degree  of  earnestness  on  the  sulyi-ct  that  I  had 
hoped  existed.  I  trust,  therefore,  that  we  shall 
make  such  provisions  in  our  Constitution  that 
men  coming  into  our  State  miy  come  with  a 
full  conviction  and  assurance  that  a  proper 
foundation  has  been  laid  for  affording  the 
means  of  instruction  to  their  children  as  they 
grow  up.  without  the  neces^ily  of  sending  them 
to  other  States  to  be  educated. 

The  questioa  was  taken  on  Mr.  Chapin's 
amendment  to  strike  out  the  proviso,  and  it 
was  agreed  to. 

The  question  was  then  taken  on  the  adoption 
of  the  section  as  amended,  and  it  was  adopted. 

THE  BOARD   OK   REGENTS. 

Section  7  was  read,  as  follows  : 

Sec.  7.  The  Governor,  Secretary  of  State,  and  the 
Superintendent  of  Public  Instruction,  shall  for  the 
lirst  four  years,  and  until  their  successors  are  elected 
and  qualitied,  be  a  Board  of  Regents  to  control  and 
manage  the  atfairs  of  the  University,  and  the  funds  of 
the  same,  under  such  regulitions  as  may  be  pi-ovided 
by  law  ;  but  the  Legislature  shall,  at  the  expiration  of 
that  lime,  ijrovide  for  the  election  of  a  Board  of  Re- 
gents, and  define  their  duties. 

Mr.  ClLlPlN.  I  move  that  the  section  be 
adopted  as  read. 

Mr.  NOURSE.  I  suggest  that  the  words  "  at 
the  expiration  of  that  time,'-  do  not  come  in  at 
the  right  place.  It  seems  to  me  that  they 
should  be  inserted  after  the  words.  "  Board  of 
Regents,"  where  they  I  ist  occur,  so  as  to  read  : 
"  but  the  Legislature  shall  provide  forth'' elec- 
tion of  a  B  jarJ  of  Reg'iits  at  the  expir-itioa  of 
that  time,  an  I  define  their  dutie.«."  As  it  is 
now,  it  vvould  seem  to  imply  that  the  period 
for  any  action  of  the  Legislnture  wiU_not  ar- 
rive until  th  •  expiration  of  that  time. 

The  CII.VIR.MAN.  Does  the  gentleman  make 
any  motion  ? 

Mr.  NOURSE.  I  will  move  that  the  lan- 
guage be  transposed  so  that  the  words  "  at  the 
expiration  of  tnat  tinn.',"  shall  come  next  after 
the  word  •■  Ilegent.s,"  wdiere  it  last  occurs  in 
the  section. 

The  Secretary  read  the  section  as  proposed 
to  be  amended. 


17th  day.] 


EDUCATION. 


589 


Friday,]  Nodrse — Chairman — Collins— Frizell — Chapin— Dunne — Brosnan. 


[July  22. 


Mr.  NOURSS.  Perhaps  it  would  be  better 
still  to  say,  '•  whose  term  of  offije  shall  com- 
meace  at  the  expiration  oF  that  time." 

The  CHAIRMAN.  Let  me  make  a  sugges- 
tion, that  the  language  be  so  modified  as  to  say 
that  the  Legislature  shall  provide  for  the  elec- 
tion of  a  Board  of  Regents. 

Mr.  NOURSE.  Very  well ;  or  "their succes- 
sors." 

Mr.  COLLINS.  What  is  the  objection  to  the 
original  .-section? 

Mr.  NOURSE.  We  merely  mean  to  specify 
the  term  of  office,  or  the  beginning  of  the 
office  ;  but  this  language  might  be  construed  to 
mean  that  the  Legislature  shall  have  no  au- 
thority for  the  first  four  years. 

The  CHAIRMAN.  The  section  as  it  now 
reads,  states  tliat  the  Legislature  shall,  "at  the 
expiration  of  that  time,  provide  for  the  elec- 
tion of  a  Board  of  Regents."  That  refers  to 
the  end  of  the  four  years.  Now  it  might  hap- 
pen tliat  the  Legislature  would  not  be  in  ses- 
sion within  six  months  or  a  year  after  that 
time,  and  in  that  case  would  there  not  be  an 
interregnum,  when  there  would  be  no  Board?    j 

Mr.  COLLINS.  But  the  section  says  they 
shall  hold  for  four  years,  "  and  until  their  suc- 
cessors are  elected  and  qualified.'' 

Mr.  FRIZELL.  The  provision  for  the  elec- 
tion of  a  new  Board  does  not  tai<e  elt'ect  until 
aftt'r  the  expiration  of  the  term  of  office  of  the 
Board  created  by  the  section. 

Mr.  COLLINS.  I  can  see  no  difficulty  in 
that. 

Mr.  FRIZELL.  The  concluding  clause  re- 
quires tliat  "at  the  end  of  that  time"  the 
Legislature  shall  provide  for  the  election  of  a 
new  Board.  Consequently,  there  is  no  power 
in  the  Legislature  to  provide  for  the  election 
of  a  new  Board,  until  the  term  of  office  of  the 
old  one  shall  have  expired. 

Mr.  NOURSE.  I  will  have  an  amendment 
prepari  d  in  a  moment. 

Mr.  CilAPIN.  I  suggest  that  we  make  it 
read  that  ■•  the  Legislature  shall  provide  for 
the  election  of  a  new  Board  of  Regents,  and 
define  their  duties." 

Mr.  NOURSE.     "  And  term  of  office." 

Mr.  DUNNE.  I  move  to  ain/:nd  by  striking 
out  those  last  three  lines,  and  inserting  the 
following : 

"But  the  Legislature,  at  its  regular  session  immodi- 
ately  before  the  expiration  of  the  term  of  office  of  said 
Board  of  liagents,  shall  x^rovide  for  the  electiou  of  a 
new  Board  of  Kegeuts,  aud  detiiie  their  duties." 

Mr.  CH.\PIN.  I  hope  that  amendment  will 
be  adopted,  but  I  would  like  to  have  the  word 
"immediately"  strick.'U  out. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  Dunne,  and  it  was  agreed  to. 

Mr.  NOURSE.  I  move  to  add  to  that  amend- 
ment the  words  "  aud  fix  their  term  of  office." 

Mr.  BROSNAN.  I  think  that' is  provided 
for  already. 

Mr.  COLLINS.  Section  4,  I  believe  it  is, 
covers  that  ground. 


The  CHAIRMAN.  I  suggest  that  the  words 
'•  next  preceding"  should  be  used  in  the  amend- 
ment just  adopted,  instead  of  "immediately 
before,"  .so  as  to  read— "The  Legislature,  at 
its  regular  session  next  preceding  the  expiration 
of  the  term,"  etc. 

Mr.  DUNNE.  All  right ;  let  the  Secretary 
make  the  change. 

By  unanimous  consent,  the  Secretary  was  di- 
rected to  make  the  amendment  suggested. 

The  question  was  taken  on  the  adoption  of 
the  section  as  amended,  aud  it  was  adopted. 

PEESKRV.4.TI0N    OF    FUNDS. 

Section  8  was  read — as  previously  amended — 
as  follows  : 

Sec.  8.  The  Board  of  Regents  shall,  from  the  inter- 
est accruing  from  the  first  funds  which  come  under 
their  control,  immediately  organize  aud  maintain  the 
said  mining  department,  lu  such  manner  as  to  make  it 
most  effective  aud  useful,  i'l-nvided,  tnat  all  the  pro- 
ceeds of  the  puoiic  lauds  donated  by  Act  of  Congress, 
aijproved  July  i,  A.  D.  18t)2,  for  a  college  for  tue  oene- 
lit  of  agriculture  and  mechanic  arts,  snail  be  invested 
by  the  iioard  of  Kegeuts  in  a  separate  tuud  to  be  ap- 
propriated exclusively  for  the  beuetit  of  tue  two  first- 
named  departments  to  the  University,  as  set  forth  in 
Section  4,  above.  And  the  Legislature  shall  provide 
that,  if  tarough  neglect  or  any  other  contiugeuoy,  any 
liortiou  of  the  fuud  so  set  apart  shall  be  lost  or  misap- 
propriated, the  State  of  JSevada  shall  replace  such 
amount  so  lost  in  said  fund,  so  that  the  priucipal  of 
said  fuud  shall  remain  forever  undiminished. 

Mr.  DUNNE.  I  move  now  to  strike  out  the 
word  •■  priucipal,"  as  well  as  "  interest,"  in  the 
last  clause,  aiiJ  insert  the  word  "  capital." 

Mr.  BiiOSNAN.  1  will  move  that  after  the 
word  "  arts,"  in  the  proviso,  there  be  inserted 
the  words  '•  and  including  military  tactics." 

The  CHAIRMAN.  Allow  the  Chair  to  sug- 
gest that  the  amendment  offered  by  the  gentle- 
man from  Humboldt  takes  precedence,  and 
must  first  be  disposed  of. 

Mr.  BROSNAN.  I  thought  that  had  been 
acted  upon. 

The  question  was  taken  on  Mr.  Dunne's 
amendment,  and  it  was  agreed  to. 

MILITARY    TACTICS. 

Mr.  BROSNAN.  Now  I  offer  my  amendment 
to  insert  the  words  "and  including  military 
tactics.''  My  object  in  proposing  such  an 
amendment  is  this:  The  Act  of  Congress  of 
18G2,  with  the  provisions  of  which  this  section 
is  intended  to  comply,  requires  that  the  interest 
on  the  fund,  created  l>y  those  provisions,  shall 
be  inviolably  appropriated  by  each  Slate  for 
the  endowment,  support,  and  maintenance  of 
at  least  one  college,  wherein  the  leading  object 
shall  be,  without  excluding  other  scientific 
studies,  and  including  military  tactics,  to  teach 
a  knowledge  of  agriculture  and  the  mechanic 
arts,  and  so  on.  Military  tactics  being  specially 
!  mentioned,  I  have  olfered  this  amjndmeut  to 
i  conform  to  the  requirement  of  the  Act  of 
Congress. 

Tue  question  was  taken,  aud  the  amendment 
was  agreed  to. 

Mr.  BROSNAN.     With   the   consent  of  the 


590 


EDUCATION. 


[17th  day. 


Friday,] 


Fkizell— Chairman— Collins— Chapin'—Bkosnan. 


[July  22. 


chairman  of  the  Committee  oa  Education,  I 
would  liku  to  propose  a  furtlier  amsudineut,  so 
as  to  cointbnn  to  that  last  adopt^id.  The  sec- 
tion now  reads,  in  one  portion  of  it,  '•  to  bo 
appropi-iated  exclusively  lor  the  beuelit  of  the 
two  lii-st-naiUL'd  departmjiits."  I  would  s.iy 
'•  the  lirst  namjd  deparluieut,''  striking  out  the 
word  ••  two."' 

MINING    SCHOOL. 

Mr.  FRIZ  ELL.  I  am  sorry,  .Mr.  Chairman, 
to  dilfjr  witn  the  Comaiittee  ou  Education, 
whicli  has  recommeudjd  the  passage  of  this 
section,  and  with  those  who  are  anunding  it. 
But,  sir.  1  know  of  no  great  school,  or  colL'ge, 
within  the  limits  of  thj  United  rftatjs,  whero 
the  science  of  mining  is  especially  tanght;  and 
if  there  is  any  locahty  in  tiie  United  riiatjs,  in 
wh.cu  a  colL-ge  of  that  kind  could  grow  up  to 
great  iinpn'tauce,  it  is  here,  at  tUe  loot  of  the 
Sierra  Njvada  Mountains,  in  tliis  Territory. 
And  what  I  dissent  from,  and  wnoUy  disagree 
to  in  this  section,  is  the  prelereuce  proposed  to 
be  given  to  agricultural  sjieace  and  nuchanic^, 
and  even  to  military  taetics,  according  to  the 
amendment  just  adopted,  over  the  science  ol 
mining. 

Taj  CtI.\[RM.\.N.  I  will  suggest  one  con- 
sideration to  tue  gentleman,  ngut  here,  and 
that  is.  that  this  provision  is  directly  in  pur- 
suance ol  the  Act  of  Congress,  which  requires 
this  fund  to  be  specially  devoted  to  those  ob- 
jects, and  unless  such  provision  is  made  the 
State  will  not  be  entitled  to  the  benefit  of  the 
Act  of  Ciui.ress. 

Mr.  FiaZELL.  I  see  the  difficulty  which 
arises,  and  1  am  glad  to  be  corrected.  If  that 
is  the  case.  I  suppose  no  other  course  can  be 
pursued  than  tnat  which  the  committee  has 
adopted. 

Mr.  CJLLINS.  Is  mining  anywhere  men- 
tioned in  that  Act  of  Congress? 

Tne  CllAlll.vlAN.  No,  sir.  But  it  is  con- 
templated in  this  article,  as  I  understand,  oaly 
to  nave  a  mining  department.  Tlie  question 
now  is  on  tlie  amendment,  proposed  by  the 
gentleman  from  Storey,  (Mr.  Brosnan,)  to  strike 
out  the  word  "  two." 

Mr.  CilAl'IN.  I  am  sorry  to  detain  the  com- 
mittee for  one  moment,  but  I  would  like  to 
under.-stand  a  little  better  this  matter  of  con- 
fining tile  expenditures  to  these  two  obj  els. 
That,  it  seems  to  me,  just  defeats  the  section. 
1  know  tiiat  in  the  form  r  Convention  there 
was  a  d -ep  interest  felt  in  having  a  mining 
school  provided  for,  and  I  know  I  had  the  honor 
to  present  the  suljject  to  that  Convention  my- 
self. And  one  of  the  sections,  as  adopted  by 
tile  Convention,  and  incorporated  into  the 
section  now  under  consideration,  provides  as 
follows : 

"Tiie  Board  of  Ui';;onts  Kliall,  from  tlic  interest  ac- 
cruin.;  from  the  fir.tt  funds  which  uomd  uadijr  their 
control,  iminedixt<!ly  organize  and  miintiiu  the  said 
mining  departmc^nt,  in  suih  manner  as  to  maUe  it  the 
most  ell'ective  and  useful." 


But  it  appears  to  rae  that  all  that  is  rendered 
ausjatory  by  this  subsequent  proviso. 

Mr.  COLLINS.  This  proviso  was  made  in 
e.xact  conformity  with  the  Act  of  Congress,  re- 
quiring the  proceeds  derived  from  tliis  particu- 
lar donation  to  be  set  apart  exclusively  for  the 
specific  purposes  '^amed  in  the  Act — that  is,  for 
teaching  the  science  of  agriculture,  and  the 
mechanic  arts,  and  military  tactics.  But  I  will 
suggest  to  my  colleague,  tliat  the  proviso  does 
not  include  the  live  hundred  thousand  acres 
granted  for  internal  improvements,  the  six- 
teenth and  thirty-sixth  si-ctions  of  school  lands 
in  each  tow.istiip,  and  all  the  other  sources  of 
revenue,  or  advantages  belonging  to  the  school 
fund.  The  proceeds  of  the  ninety  thousand 
acres  which  we  receive  under  tlie  Act  of  1862, 
and  wliich  we  cannot  receive  or  enjoy  on  any 
other  conditions,  we  devote  exclusively  to  these 
olyects,  conforming  strictly  to  the  letter  and 
spirit  of  tlie  law  of  Congress,  but  the  proviso 
touches  no  other  fund. 

Mr.  BiiOSN.^N.  I  have  a  recollection  of  the 
object  or  intention  wliich  the  form  u"  conven- 
tion had  in  view  at  the  time  of  framing  this 
portion  of  the  Constitution.  The  object  was 
to  comply  strictly  with  the  Act  of  Congress  of 
18152,  but  at  the  same  tim  ',  in  consequence  of  the 
peculiar  condition  of  our  State  or  Territory,  and 
the  necessity  existing  here  for  more  thorough 
education  and  information  in  regard  to  min- 
ing pursuits,  the  Convention  sought  to  provide 
for  a  mining  school,  or  rather  a  mining  depart- 
ment, in  addition.  The  design  was  that  the 
j  mining  school  should  be  a  distinct  department 
;  of  that  college  wliich  was  contemplated  bj^  the 
Act  of  Congress,  but  in  no  manner  conflicting 
with  the  requirements  of  that  Act,  the  inten- 
tion being  simply  to  provide  for  the  necessities 
of  our  people,  who  would  derive  great  benefit 
from  a  tliorough  knowledge  of  the  science  of 
mining  operations. 

Air.  CM  API  >J.  I  believe  the  gentleman  has 
stated  the  views  of  the  former  Convention  cor- 
rectly. 

Mr.  COLLINS.  If  I  may  be  allowed  to  say 
a  word  further,  I  wish  to  st;ite  that  I  think  no 
one  is  more  interested  than  I  am  in  the  sibject 
of  a  mining  school,  and  I  fully  believe  that  in 
this  Territory  a  school  of  that  kind,  properly 
located  and  well  conducted,  would  challenge 
the  attention  of  people  in  other  States,  and  be 
of  immense  advantage  to  our  mining  localities. 
It  would  save  millions  of  dollars  annually  to 
the  people  of  this  Territory  to  have  a  good 
school  in  which  the  young,  growing  up  in 
our  midst,  could  be  properly  educated,  and 
thorougly  inducted  into  a  practical  knowledge 
of  the  different  branches  of  mining  ;  how  to 
locale  and  construct  shafts  and  tunnels  ;  the 
best  mode  of  timbering  a  mine  ;  the  most  ad- 
vantageous , process  of  reducing  the  various 
kinds  of  ores,  and  so  on.  Such  a  school  would 
soon  create  a  demand  for  our  young  men  in 
every  mining  region,  where  they  would  be 
called  upon  to  superintend    mining  operations. 


17th  day.] 


EDUCATION. 


591 


Friday,] 


Sturtev  ANT— Dunne — Warwick — Banks— Hawley. 


[July  22. 


Mr.  STUIITEVANT.  I  hope  the  gentleman 
will  bear  in  mind  that  the  mines  are  not  to  be 
taxed  lor  the  support  of  that  school. 

The  question  was  taken  on  the  adoption  of 
the  am -ndmeut  proposed  by  Mr.  Brosnan,  to 
strilie  out  the  word  '•  two,"'  and  it  was  agreed 
to. 

The  question  was  then  taken  on  the  adoption 
of  the  section,  as  amended,  and  it  was  adopted. 

THE    SPECIAL   TAX — AGAIN. 

Mr.  DUNNE.  I  believe  we  have  now  passed 
through  the  whole  article,  and  I  move  a  recou- 
sid  'ration  of  the  action  of  the  committee  by 
which  the  word  ■■  shall,"  and  the  proviso  in  re- 
gard to  a  special  tax  were  stricken  out  of  Sec 
tiou  6. 

iMr.  WARWICK.  I  will  ask  the  gentleman 
if  he  voted  in  the  affirmative  on  those  ques- 
tions. 

Mr.  BANKS.  I  voted  in  the  affirmative,  and 
I  will  make  the  motion  to  reconsider. 

[Mr.  Collins  in  the  chair.] 

Mr.  HAWLEY.  I  most  sincerely  trust  that 
the  reCDUsideration  will  prevail,  aud  tliat  we 
shall  make  it  mandatory  oii  the  Legislature  to 
provide  this  special  tax.  I  have  read  car.  fully 
the  last  published  report  of  the  Sapenut  nd- 
eut  of  I'ubl.c  Idstruction  of  the  State  of  Cali- 
fornia, the  thirteenth  Annual  Report,  and  he 
lays  particular  stress  upo.i  the  difficulty  W;th 
wnich  the  Legislature  of  C  ihfornia  has  been 
prevailed  upon  to  make  sufficient  appropria- 
tions for  iducational  purposes.  Aud  at  this 
very  d,iy,  petitions  are  in  circulation,  and  have 
been  for  some  time  past,  throughout  the  whole 
of  the  Slate  of  California,  for  the  purpose  of  re- 
ceiving signatures  praying  the  Legislature  to 
impose  upon  the  whole  of  the  taxable  profjei  ty 
of  that  State,  a  tax  of  five  mills  on  the  dollar 
for  educational  purposes,  instead  of  one-halt 
of  one  mill,  as  we  propose  in  this  section.  Now 
if  the  State  of  California  can  afford  to  pay  a 
tax  of  Uve  mills,  I  think  the  State  of  Nevada 
can  certainly  attbrd  to  pay  one-half  of  one  mill ; 
aud  this  Convention,  taking  into  consideration 
its  solemn  duly  towards  the  rising  generation, 
should  at  least  make  it  mandatory  on  the  Leg- 
islature to  impose  a  tax  of  that  amount. 

Time  will  not  permit,  nor  is  it  necessary  that 
I  should  recapitulate  the  arguments  which  have 
already  be.  n  urged  to  show  that  amo.ig  the 
first  and  tlie  highest  duties  of  the  State,  is  the 
duty  of  educating  the  rising  generation.  No- 
body will  dispute  that  proposition,  aud  I  sub- 
mit it  to  the  good  sense  of  the  members  of  the 
Convention,  with  only  the  remark  that  they 
will  reflect  honor  upon  themselves  and  upon 
the  new  State,  by  making  this  provision  man- 
datory, whereas  if  we  shall  leave  it  discretion- 
ary with  the  Legislature,  which  may  be  influ- 
enced by  men  in  private  life,  or  holding 
subordinate  positions,  to  withhold  the  educa- 
tional appropriations,  or  take  only  half-way 
measures  from  year  to  year,  neglecting  to  do 


its  whole  duty,  we  shall  be  doing  injustice  to 
the  rising  generation,  and  a  discredit  to  our- 
selves, if  I  may  be  permitted  to  use  tiiat  re- 
mark in  regard  to  the  action  of  the  Conven- 
tion. Therefore  I  hope  that  the  mandatory 
features  of  this  section,  as  reported,  will  be 
allowed  to  remain  unchanged. 

Mr.  DUNNE.  The  principal  argument  ad- 
vanced in  tavin-  of  striking  out  the  mandatory 
language  in  this  section  was,  that  the  Legisla- 
ture would  levy  a  tax,  if  necessary,  without 
any  question,  aud  therefore  it  was  not  neces- 
sary to  make  the  provision  mandatory — that  if 
tiie  people  of  the  United  States,  aud  of  Nevada 
in  particular,  were  hrinly  impressed  with  the 
necessity  of  any  one  thing  in  the  general  pol- 
icy of  government,  it  was  the  necessity  of  los- 
tering  and  protecting  the  common  school  sys- 
tem. Now  this  State  University  is  a  departure 
from  the  general  common  school  system,  and 
it  is  exactly  because  it  is  such  a  departure  that 
the  Legislature  may  be  unwilLng  to  levy  this 
lax,  however  necessary  it  may  be.  There  is 
no  doubt  that  the  Legislature  would  readily 
levy  a  tax  for  the  support  of  the  common 
schools,  but  there  has  always  been  a  great  prej- 
udice in  the  minds  of  many  men  against  apply- 
ing any  portion  of  the  public  money  to  the 
establishment  or  maintenance  of  anything  of 
the  character  of  a  cull  ge  or  university.  Every 
possible  argument  has  been  advanced  to  defeat 
sucn  appropriations,  and  devote  the  whole  of 
the  public  funds  to  the  common  schools.  Men 
would  Say,  '•  Let  us  give  tne  money  to  the  edu- 
cation ot  the  people,  in  their  common  schools, 
and  allow  those  who  want  these  iiew-f tingled 
higlier  grades  of  Karuing  to  pay  for  such  in- 
stitutioiis  themselves." 

That  is  the  reason  why  I  think  it  may  be 
sought  to  evade  this  tax,  unless  we  make  it 
mandatory.  If  it  is  left  optional  with  the  Leg- 
islature, tneu  those  who  would  cavil  at  such  a 
lax  Would  have  an  opportunity  to  work  upon 
the  members,  and  iutluence  them  to  prevent  the 
levying  of  the  lax  by  saying  that  tue  measure 
would  be  objectionable  to  the  people,  and  they 
would  gain  popularity  by  opposing  it.  At 
the  same  time,  if  the  subject  were  left  to  the 
pjople,  I  think  it  would  pass  without  ques- 
tion. It  is  a  small  tax,  ot  only  hve  cents  on 
each  one  hundred  dollars,  but  it  v\'ill  go  on 
Silently  growing  and  accumulating,  without 
attracting  much  atleiit  on,  until  at  the  end  of 
live  or  si.x  years,  perhaps,  without  any  one  Ijav- 
ing  sensibly  felt  it,  a  lund  will  have  accumu- 
lated sufficient  to  establi:-h  the  Universiiy,  or  at 
least  to  start  it  upon  a  substantial  basis.  Alter 
it  shall  once  have  been  set  going,  I  have  no 
doubt  that  it  will  be  an  object  of  so  much  ad- 
vantage to  the  Slate  that  all  men  will  feel 
an  interest,  and  take  pride  in  it.  and  there  will 
be  no  difficulty  in  regard  to  obtaining  appro- 
priations for  It.  The  amount  ol  the  lax  pro- 
posed is  very  small,  being  only  oue-tentn  of 
what  is  now  Oeing  ahked  for  in  Caluorma,  and 
I  sincerely  hope  tnat  the  reconsideration   will 


592 


EDUCATION. 


[17tli  day. 


Friday,] 


Collins— Banks— Brosnan—Frizell—Nourse. 


[July  22. 


prevail,  and  the  section  be  allowed  to  stand  as 
orijrinully  reported. 

[.Mr.  CiiAi'i.N  in  tlie  chair.] 

Mr.  COLLIN'S.  One  reason  why  I  would 
urj/Ce  the  propriety  of  the  reconsideration,  and 
leiUnj,'  the  provision  stand  just  as  it  did  in  the 
Con.-ititntion  adopted  lust  year,  is.  that  we  are 
operating  under  the  law  of  Congress,  ceding 
or  donatini^-  these  ninety  thousand  acres  for  an 
Agricultural  College,  and  by  the  terms  of  that 
acl  our  niiniug  depirlinent  cannot  receive  or 
enjoy  the  advantages  of  that  donation  ;  but  the 
fund  derived  therefrom  must  be  set  aside  for 
certain  spjcilied  ol>jects.  Now  I  ask  where  are 
we  going  to  acquire  the  funds  for  our  mining 
depiirtment?  Tne  only  fund  that  we  can  have 
is  that  whicii  will  accumulate  from  year  to  year 
from  this  tax.  That  is  what  we  must  rely  upon 
to  supply  and  sustain  this  important  depart- 
ment from  which  we  hope  to  derive  such  great 
beuelits  and  advantages  in  the  future.  I  want 
the  action  of  thj  Convention  reconsidered,  be- 
cause 1  feel  the  absolute  importance  of  the 
matter.  We  are  situated  here,  far  removed 
from  the  great  seats  of  learning  in  the  Atlantic 
States,  and  unless  we  make  provision  at  an 
early  day.  by  which  the  rising  generation  of 
our  youtbs,  s  )on  to  grow  up  and  develop  into 
manhood,  can  receive  the  advantages  of  educa- 
tion at  our  own  hands,  we  shall  be  obliged  to 
spend  lilly  times  the  amount  that  this  contem- 
plated institution  would  cost  us,  to  educate  our 
children  at  arms'  length.  It  will  be  the  great- 
est economy  we  can  adopt  to  devise  means  and 
mature  plans  by  which  children  can  be  edu- 
cated in  oar  midst,  so  that  they  may  have  an 
educition  corresponding  with  surrounding  life; 
and  in  these  departments  of  our  State  Univer- 
sity we  shall  be  able  to  provide  the  means  by 
which  they  can  acc[uire  maintenance  and  good 
standing,  and  secure   their  own  advancement. 

While  we  are  engaged  in  laying  the  foun- 
dations of  a  great  and  mighty  State,  do  not 
let  us  be  niggardly  in  such  a  matter,  and  Ijy 
want  of  a  comprehensive  foresight  on  our  part, 
in  regard  to  the  great  wants  of  tiie  future, 
force  children  to  leave  the  State  to  acquire 
education.  More  than  that,  by  such  a  course 
we  discourage  the  immigration  of  that  most 
valuable  cla-s  which  regaids  education  as  the 
very  tbundat;(»n  of  the  State.  We  say  to  them 
—  '•  Do  not  com  J  here  with  your  half-grown  up 
boys,  to  dwell  among,  and  unite  y(*ur  fortunes 
with  us.  because  if  you  do,  iu  a  tew  years  you 
will  have  to  send  your  boys  to  the  Atlantic 
States,  or  over  the  Snnras  to  California,  to  ac- 
quire an  education,  whicli  we,  engaged  here  to- 
day in  laying  the  foundations  ot  a  great  State, 
are  unwilling  to  provide  for,  by  requiiing  the 
small  tax  ot  a  half  a  mill  on  the  dollar  to  be 
levied  on  the  taxable  property  of  the  State."  I 
trust  that  tho.se  gentlemen  who  voted  for  the 
ami-ndment  will  look  at  the  consequences,  and 
vote  for  the  reconsideration. 

Mr.  IJ.VNKS.  I  really  hope  that  this  amend- 
ment will    be   reconsidered.     Many   men    feel 


that  education  is  something  that  can  be  done 
without,  or  delayed  for  a  time.  Private  inter- 
ests miy  be  in  the  way,  or  the  times  may  be 
dull,  and  in  the  Legislature  men  will  agree 
that  for  that  particular  year  they  will  make 
the  taxes  light  by  omitting  this  tax,  hoping, 
perhaps,  that  the  subject  will  be  attend  d  to 
the  next  year,  when  the  times  shall  be  better  ; 
and  thus  the  matter  will  be  postponed  and 
neglected  from  year  to  year.  That  is  the  way 
it  has  been  in  California,  and  in  other  States  in 
the  Union.  The  cause  of  education  has  been 
thrust  aside  for  other  interests.  I  hope  that  no 
gentleman  will  vote  finally  on  this  subject  with- 
out first  considering  that  the  real  issue  is  this  : 
Sliall  we,  or  shall  we  not,  have  establish!  d  here 
a  pei-manent  educational  institution,  which  is 
indispensably  necessary  for  the  permanent 
prosperity  and  for  the  credit  of  our  proposed 
State? 

Mr.  BROSXAN.  I  will  merely  add  a  word. 
The  Legislature  shall  estal)lis!i  the  institution 
— ^we  have  determined  upon  that  Now,  if  gen- 
tlemen are  afraid  to  say  that  the  Legislature 
shall  make  this  p  ovision,  and  divide  the  fund 
between  the  University  and  the  coinnioa  schools; 
if  they  think  it  is  too  much,  and  that  the  funds 
are  ample  without  a  special  tax,  tlicn  I  submit 
that  tiiey  are  not  acting  prudently  about  it,  un- 
less they  reconsider,  because  they  say  the  Leg- 
islature will  do  this  thing — that  we  need  not 
adopt  this  provision,  because  the  Legislature  is 
abundantly  able  without  it — and  if  that  is  the 
case,  the  Legislature  may  see  fit  to  make  the 
tax  even  larger  than  we  intend.  Therefore,  I 
say  that  on  the  ground  of  caution  they  should 
vote  to  reconsider,  because  here  is  a  tax  pro- 
vided for  which  cannot  prove  to  b:^  burdensome, 

Mr,  FRIZELL  I  hope  the  vote  will  be  re- 
considered. I  am  willing  to  concede  to  the 
opinions  of  the  array  of  able  and  good  men 
who  are  in  favor  of  the  reconsideration,  and  to 
adopt  the  reasons  which  have  been  assigned  by 
them.  The  present  occupant  of  the  chair  (Mr 
Chapin)  will  bear  mo  witness  that  from  the  be- 
ginning I  have  been  willing  to  leave  anything 
doubtful  or  difficult  which  has  arisen  fioin  time 
to  time  to  the  Legislature,  but  yielding  to  the 
arguments  of  good  m  ;n,  whom  I  kaow  to  have 
the  cause  of  education  at  heart,  I  am  willing 
to  reconsider. 

M:-.  NOURSE.  I  am  rather  inclined  to  op- 
pose the  motion  to  reconsider.  If  the  section 
as  proposed  by  the  committee  agrees  with  the 
section  as  printed  in  the  old  Constitution,  and 
I  believe  it  does  substantially,  then  this  tax  is 
a  matter  to  be  divided  between  the  University 
jud  the  common  schools,  and  I  am  opposed  to 
raising  money  liy  a  State  tax  for  the  support 
of  the  common  schools,  for  the  reason  that,  as 
all  cxperienci;  shows,  money  to  be  expended 
economically, and  to  the  best  advantage,  should 
l)e  raised  in  such  a  manner  as  to  be  brought 
close  homo  to  all  the  people  who  are  lo  expend 
it.  If  the  peopli!  have  to  tax  them-;elves  for 
the  money  they  expend,  they  will  take  better 


17th  day.] 


EDUCATION. 


593 


Friday,] 


Warwick — Nourse — Hawlet. 


[July  22. 


caro  of  it  thaa  they  will  of  the  moaey  which 
they  receive  from  land  grants,  or  otherwise.  I 
have  been  led  to  believe,  for  this  reason,  that 
the  better  policy  is  to  provide  that  the  neigh- 
borhood which  raises  the  money  shall  expend  it. 
Then  comes  this  question  of  the  college.  Sir, 
I  do  not  anticipate  as  much  advantage  from  a 
State  College  as  other  gentlemen  seem  to.  It 
is  true  that  we  appear  to  have  peculiar  facilities 
here  for  a  mining  college — mure  probably  than 
in  any  other  place  in  the  world — and  if  every- 
thing here  proposed  was  going  to  that,  I  would 
be  strongly  in  favor  of  it.  But  when  we  come 
to  speali  about  establishing  a  college  in  general, 
in  which  the  ordinary  branches  of  a  collegiate 
education  are  taught.  I  must  say,  while  I  would 
be  very  glad  to  see  it  prosper,  that  I  have  but 
little  faith  in  it.  It  is  too  easy  to  reach  other 
regions,  where  grass  grows,  to  be  trodden  un- 
der the  feet  of  the  pupils,  and  trees  to  wave 
over  their  heads,  and  where  they  do  not  have 
to  drink  in  alkali,  like  the  bitter  waters  of 
Marah.  I  do  not  think,  therefore,  that  a  college 
here  would  be  likely  to  flourish  much.  Still, 
I  would  like  to  establish  and  encourage  a  min- 
ing department,  and  I  think  the  establishment 
of  such  a  department  is  essential,  and  would 
be  of  great  advantage  to  the  State,  and  no 
doubt  it  would  be  well  patronized.  If  the 
money  proposed  to  be  raised  by  this  tax  were 
to  go  to  the  milling  department  exclusively, 
and  not,  as  I  understand  it  is,  to  the  care  of 
the  same  men  who  have  charge  of  the  funds 
for  the  agricultural  department,  for  which  I 
think  this  Territory  is  no  proper  place,  I 
should  be  glad  to  vote  for  the  tax. 

Mr.  WARWICK.  As  our  time  is  getting 
very  short,  believing  that  this  subject  has  been 
fully  ventilated,  I  call  for  the  question. 

The  question  was  taken  on  the  motion  to  re- 
consider, and  it  was  agreed  to.  j 

THE    TAX    FOR    COMMON   SCHOOLS. 

Mr.  NOURSE.  I  now  move  to  amend  Sec- 1 
tion  6  l)y  striking  out  the  words  "and  common  j 
schools.''  I  understand  that  the  common  schools 
are  otherwise  abundantly  supplied,  getting  the 
advantage  of  all  the  land  grants,  and  so  on.  I 
make  the  motion  mainly  for  the  sake  of  hearing 
how  they  are  providel  for. 

Mr.  HAWLEY.  Until  within  the  past  year 
the  manner  in  which  the  school  fund  was  ob- 
tained from  taxes,  has  been  by  the  payment  of 
all  the  taxes  assessed  in  each  county,  including 
the  tax  for  school  purposes,  from  which  the 
Territory  received  its  share,  and  when  the  Ter- 
ritory had  received  such  share,  each  county 
drew  its  proportion  of  the  school  money.  That 
law  was  repealed  at  the  last  session  of  the 
Legislature,  and  now  each  county  levies  its 
own  tax  for  a  school  fund.  Douglas  County 
has  this  year  a  school  tax  of  fifteen  cents  on 
each  one  hundred  dollars.  Now  we  propose  to 
levy  this  special  State  tax,  because  we  think  the 
people  may  not  for  some  time  obtain  any  bene- 
fit or  advantage  from  the  school  fund  derived 
A  12 


from  the  sale  of  lands  set  apart  for  that  fund. 
In  addition  to  that,  we  expect  that  each  county 
will  levy  a  tax  sufficient  for  its  own  local  insti- 
tutions, and  if  that  is  not  sufficient  to  support 
the  common  schools,  a  portion  of  this  Slate 
tax  of  one-half  of  one  mill  on  the  dollar  may 
be  appropriated.  We  expect,  moreover,  that 
there  will  be  a  balance  left  which  will  go  to- 
wards creating  a  sinking  fund  for  the  benefit 
of  the  University,  and  we  do  not  wish  to  go 
along  with  that  at  any  snail's  pace.  While  we 
do  not  desire  to  impose  an  onerous  tax,  which 
would  cause  the  people  to  cry  out  under  the 
burden,  yet  we  do  propose  to  make  such  pro- 
visions as  will  secure  to  the  State  such  an  in- 
stitution as  is  best  fitted  to  prepare  its  pupils 
for  the  duties  of  life. 

Mr.  WARWICK.  Is  it  contemplated  to  set 
apart  any  portion  of  the  tax  for  the  purposes 
of  the  University? 

Mr.  HAWLEY.  The  section  provides  that 
the  tax  shall  be  levied  "  for  the  support  and 
maintenance  of  said  University  and  common 
schools." 

Mr.  WARWICK.  Exactly.  But  that  Uni- 
versity being  in  the  future,  and  the  schools  in 
the  present,  would  it  not  be  better,  I  suggest, 
to  set  aside  some  portion  of  it  specially  for 
the  purposes  of  the  University  ? 

Mr.  HAWLEY.  I  do  not  think  so.  I  have 
already  expressed  my  views  on  that  subject. 
The  first  duty  of  the  State,  in  my  opinion,  is  to 
support  the  common  schools,  and  if  the  fund 
for  that  purpose  is  not  sufficient,  as  a  conse- 
quence, persons  interested  will  have  to  con- 
tribute to  make  up  the  deficiency,  as  they  do 
at  the  present  time.  But  if,  on  the  other  hand, 
there  shall  be  more  than  is  necessary,  then  we 
leave  it  discretionary  with  the  Legislature  to 
set  apart  such  surplus  as  may  remain,  for  the 
purpose  of  an  endowment  of  the  University. 
That  is  the  system  which  we  propose  to  in- 
augurate. 

Mr.  WARWICK.  As  the  gentleman  from 
Douglas  is  School  Superintendent  of  his  own 
county,  he  must  be  aware  that  the  wants  of  any 
school  district  are  only  circumscribed  by  its 
means.  For  instance,  a  very  plain  school- 
house,  and  the  commonest  desks,  will  suffice,  as 
long  as  the  district  is  so  circumscribed  as  to  be 
unable  to  afford  anything  better  ;  but  if  its 
means  are  increased,  it  must  have  a  better 
suhool-house,  and  more  elegant  desks,  and  a 
larger  number  and  better  class  of  teachers.  I 
admit  that  these  things  improve  the  schools 
very  much,  and  are  desirable,  but  unless  we 
provide  for  specially  setting  apart  a  small  por- 
tion of  the  tax  to  that  object,  we  shall  have  no 
fund  at  all  for  the  University. 

Mr.  HAWLEY.  Allow  me  to  say  that  that 
is  left  discretionary  with  the  Legislature.  The 
committee  did  not  propose  to  legislate  as  to 
what  disposition  shall  be  made  of  every  dime. 

Mr.  WARWICK.  Then  I  uiulerstand  that 
the  Legislature  has  discretionary  power  to 
make  such  use  of  the  fund  as  it  may  see  fit. 


)94 


EDUCATION. 


[17tli  day. 


Friday,] 


Collins— "Warwick— NoDRSE—DcxNE. 


[July  22. 


Mr.  COLLINS.  I  have  faith  to  believe  that 
the  Legislature,  having  the  fund  in  its  care, 
will  be  disposed  to  use  it  to  the  best  possible 
advantage.  Ourwortliy  chairman  (Mr  CLapin) 
has  suggested  tli;it  the  words  "mining  depart- 
ment'°  be  substituted  for  "common  schools," 
proposing  to  have  it  read— "for  the  support 
and  maintenance  of  said  University  and  mining 
department  thereof."  That  might,  perhaps,  de- 
vote this  fund  more  directly  and  exclusively  to 
the  use  of  the  mining  department ;  but  I  am 
willing  to  leave  the  wliole  matter  open  to  the 
Legislature,  allowing  that  l)ody.  at  any  and  all 
times,  to  be  governed  by  the  exigencies  of  the 
case.  If  the  common  schools  are  languishing, 
and  there  are  no  other  funds  to  sustain  them, 
of  course  tliey  should  not  be  permitted  to  sutt'er 
for  the  benefit  of  the  University.  They  should 
receive  the  tirst  care  of  the  State,  and  next  af- 
ter them  the  University,  and  such  branches 
thereof  as  the  Legislature  shall  conceive  to  be 
most  important  for  immediate  development. 
I  prefer  to  leave  it  all  to  the  Legislature. 

Mr.  WARWICK.  I  attach  great  importance 
to  the  mining  department  clause  in  the  provi- 
sion for  the  establishment  of  this  academy,  col- 
lege, or  whatever  it  may  be  called,  for  the 
reason  that  I  am  .satisfied  there  is  more  in  it 
than  gentlemen  suppose,  who  have  not  exam- 
ined the  subject.  I  had  occasion  to  investigate  j 
it  to  some  extent  while  I  was  in  California. 
There  is  a  little  college  at  a  place  in  Europe ! 
named  Freyburg,  one  dei)artmeat  of  which  is! 
devoted  to  the  exclusive  study  of  the  sulyect  of 
miues  and  mining  ;  and  that  little  college  now  j 
has  its  students  distributed  in  all  parts  of  the 
world,  wherever  mining  pursuits  are  carried  on, 
and  their  services  are  in  great  request.  And 
inasmuch  as  there  is  no  portion  of  the  world 
where  there  are  such  advantages  for  a  school 
of  that  character  as  in  Nevada,  I  imagine  that 
it  would  be  a  paying  institution  and  an  honur 
to  the  State,  and  therefore  I  would  like  to  see 
it  encouraged  in  its  infancy.  I  have  no  ques- 
tion but  that  it  will  be  successful  after  it  has 
OQce  been  fairl7  started. 

Mr.  NOURSE.  I  would  like  to  modify  my 
motion,  because  I  do  not  wish  to  be  placed  in 
the  position  of  an  opponent  of  the  common 
schools,  when  there  is  no  one  a  more  ardent 
friend  than  I  am  of  our  common  school  system. 
But  1  find  that  everything  else  is  provided  for, 
e.xcept  this  poor  lone  mining  department,  which 
really  seems  to  be  tlie  most  important  of  all. 
and  therefore  I  propose  to  devote  to  that  this 
half-mill  tax,  which  I  think  will  be  none  too 
large  for  the  object.  1  propose  to  withdraw 
my  former  amendment,  and,  inst  ad,  to  amend 
that  portion  of  the  section  so  as  to  read  -"for 
the  support  and  maintenance  of  the  mining  de- 
partment of  said  University."  It  seems  to  me 
that  is  the  only  interest  which  is  not  already 
provided  for,  and  it  is  the  most  important  one. 
Tin;  question  was  stated  on  Mr.  Nourse's 
amendment  as  modified. 

Mr.  DUNNE.    I  prefer  to  leave  the  section 


as  it  is,  and  I  differ  with  the  mover  of  the 
amendment  now  pending,  in  the  proposition 
which  he  advanced  a  short  time  ago,  namely  : 
that  it  was  not,  in  his  opinion,  right  policy  to 
levy  a  State  tax  tor  the  support  of  the  conunon 
schools.  In  his  able  argument  he  stated  as  his 
reason,  that  he  thought  a  school  fund  would  be 
most  etlective,  or  that  the  most  good  would  re- 
sult from  it,  if  it  were  to  be  raised  from  the 
immediate  vicinity  in  'vhich  it  is  to  be  applied. 
Bui,  sir,  I  think,  in  a  country  like  the  proposed 
State  of  Nevada,  there  is  something  due  to 
those  living  in  the  outside  portions  of  the 
country.  When  people  go  to  those  outermost 
regions,  becoming  the  pioneers  of  civilization, 
enduring  the  hardships  inseparable  from  a  life 
in  such  a  country,  taking  their  families  there, 
and  endeavoring  to  build  it  up,  I  believe  that 
some  little  consideration  is  due  to  them,  and 
for  that  reason  I  say  that  a  general  school  tax 
should  be  imposed,  and  the  money  derived 
therefrom  divided  all  over  the  State  in  propor- 
tion to  the  number  of  the  children  in  each  lo- 
cality. And  the  reason  for  it,  in  my  mind,  is 
this :  that  the  more  populous  portions  of  the 
State  ought  to  contribute  somewhat  towards 
the  support  of  education  in  the  outside  places. 

Now  I  represent,  in  part,  what  might  be  con- 
sidered an  outside  place,  and  perhaps  it  may 
be  said  that  I  am  open  to  the  charge  of  being 
interested  ;  but  I  explain   my  position  in  this 
way  :  That  such  a  system  works  no  injustice  to 
the  parents  of  children  living  in  the  populous 
counties,  because  they  draw  the  same  amount 
of  money  in  proportion  to  the  number  of  their 
children  that  is  distributed  to  the  children  liv- 
ing in  those  outskirts  of  civilization  ;  and  the 
application  of  the  rule  is  simply  that  the  large 
capitalists   of    the   metropolis,  who    have    no 
children,  and   therefore  derive  no  benefit    to 
their  families,  or  individually,  pay  their  pro- 
portion for  the  education  of  the  children  of  the 
whole  State.     What  the  capitalist  pays  goes  to 
I  the  general  fund,  and  is  tlieiic  ;  distributed,  and 
j  it  works  for  the  interest  and  advantage  of  the 
j  largely  populated   coininunities   also,   for   the 
reason  that  they  draw  from  the  fund  in  propor- 
I  tion  to  the  uuml)ir  of  children  they  have,  and 
j  hence  they  sutler   no   injustice.     And  it  works 
j  no  injury  to  the  capitalist,  because  under  the 
1  theory  of  our  government  he  should  be  made 
to  pay  for  the  protection  of  his  property,  and 
I  suppose  it  will  not  be  disputed  tiiat  there  are 
no  better  means  of  alfording  such  protection 
I  tlian    the   support   of   good   common   schools. 
j  Therefore  he  cannot  complain — or  if  he  does 
we  should  pay  no  attention  to  his  complaints, 
but  continue  to  levy  a  small  tax  upon  his  wealth, 
,  for  the  support  and  encouragement  of  public 
^  instruction. 

For  the  reasons  M'hich  I  have  stated,  I  should 
like  to  see  the  .section  left  as  it  is,  so  as  to  per- 
mit this  fund  to  remain  in  the  treasury,  to  be 
divided  among  the  educational  institutions  of 
the  State,  then  leaving  its  particular  disposition 
to  the  Legislature.     If,  upon  the  recoiniuenda- 


17th  day.] 


SALARIES. 


50t 


Friday,] 


Stuktevant—Hawley—Crosmax—Lockwood— Dunne— Banks. 


[July  22. 


tion  of  the  Superiatendeut  of  Public  Instruc- 
tion, the  Legislature  is  willing  to  devote  a 
portion  of  it  to  the  mining  department  of  the 
State  University,  let  it  be  done  ;  and  if  the 
Legislature  deem  that  the  public  interest  will 
be  better  subserved  by  devoting  one-half,  or 
a  greater  portion  of  it,  to  the  common  schools 
at  large,  let  that  be  done.  It  is  a  question 
which  depends  upon  the  condition  of  things 
from  year  to  year,  and  therefore  we  cannot 
now  determine  upon  it,  but  should  leave  it  to 
the  Legislature  to  decide,  from  year  to  year, 
as  the  necessity  of  the  case  occurs. 

And  now  I  call  attention  to  the  necessity  of 
adopting  something  here  that  shall  be  obliga- 
tory upon  the  Legislature.  I  want  to  make  it 
positively  mandatory  upon  that  body.  It  is 
not  necessary,  however,  to  pursue  that  point 
further  than  to  call  attention  to  it.  Besides, 
my  time  has  expired,  and  I  can  appreciate  the 
fact  that  this  body  is  sick  and  tired  of  this  pro- 
tracted discussion. 

Mr.  STURTEVANT.  I  think  the  best  way  is 
to  levy  a  direct  tax  on  the  mines  for  the  sup- 
port of  this  mining  school,  and  I  will  suggest 
that  the  section  be  referred  to  a  select  commit- 
tee of  three,  with  instructions  to  amend  so  as 
to  levy  a  direct  tax  on  the  mines. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  Nourse,  providing  that  the 
special  tax  shall  be  levied  ■'  for  the  support  and 
maintenance  of  the  mining  department  of  said 
University,"  and  it  was  not  agreed  to. 

The  question  was  then  taken  on  the  adoption 
of  Section  6,  as  reported  by  the  Committee  on 
Education,  and  it  was  adopted. 

The  question  was  next  taken  on  the  adoption 
of  the  entire  article,  as  amended,  and  it  was 
adopted. 

Mr.  HAWLEY.  I  move  that  the  committee 
rise,  and  report  the  Article  on  Education  back 
to  the  Convention,  with  tlie  amendments  which 
have  been  adopted,  and  recommend  its  passage. 

Mr.  CROSMAN.  I  think  we  had  better  go 
forward  with  the  other  work  before  the  com- 
mittee. 

Mr.  LOCKWOOD.  I  think  there  is  no  more 
business  to  come  before  the  committee  in  its 
regular  order. 

The  question  was  taken  on  Mr.  Hawley's  mo- 
tion, and  it  was  agreed  to,  and  the  committee 
accordingly  rose. 

IN   CONVENTION. 

The  SECRETARY  reported  that  the  Com- 
mittee of  the  Whole  had  had  under  considera- 
tion Article  XII,  entitled  Education,  had  made 
some  amendments  thereto,  in  which  they  had 
instructed  him  to  ask  the  concurrence  of  the 
Convention,  and  recommended  the  passage  of 
the  article  as  amended. 

The  report  was  accepted,  the  several  amend- 
ments adopted  in  Committee  of  the  Whole  were 
agreed  to,  and  the  article  as  amended  was  or- 
dered to  be  engrossed  for  a  third  reading. 

Mr.  DUNNE.    In  order  to  get  the  article  be- 


for  the  Enrolling  Committee,  I  will  move  that 
it  be  considered  engrossed,  and  put  upon  its 
liiial  passage  at  this  time. 

Mr.  HAWLEY.  1  hope  that  will  not  be 
done.  There  have  been  several  amendments 
made,  and  the  article  should  l)e  engrossed.  I 
will  say  further,  that  the  Enrolling  Committee 
have  already  enough  work  before  them  for  the 
present. 

Mr.  DUNNE.  Then  I  will  withdraw  the 
motion. 

COMMITTEE    OP   THE    WHOLE— SALAIUES. 

On  motion  of  Mr.  KENNEDY,  the  Convea- 
tiou  resolved  itself  into  Committee  of  the 
Whole,  (the  President  pro  tan.,  Mr.  Chapin. 
remaining  in  the  chair.)  for  the  consideration 
of  Article  XI.  entitled  Salaries  and  Appro- 
priations. 

Section  1  was  read,  as  follows  : 

Section  1.  For  the  first  term  of  office  succeeding 
tbe  formation  of  a  State  Groverumeut,  the  salary  of  the 
G-overnoi'  shall  not  exceed  four  thousand  dollars  per 
annum ;  the  salary  of  the  Secretary  of  State  shall  not 
exceed  three  thousand  six  hundred  dollars  per  annum; 
the  salary  of  the  State  Controller  shall  not  exceed  three 
thousand  six  hundred  dollars  per  annum ;  the  salary 
of  the  State  Treasurer  shall  not  exceed  three  thousand 
six  hundred  dollars  per  annum ;  the  salary  of  the  Sur- 
veyor-General shall  not  exceed  one  thousand  dollars 
per  annum;  the  salary  of  the  Attorney-General  shall 
not  exceed  two  thousand  five  hundred  dollars  per  an- 
num; the  salary  of  the  Superintendent  of  Pubhc  In- 
struction shall  not  exceed  two  thousand  dollars  per 
annum;  the  salary  of  each  .Judge  of  the  Sui^reme 
Court  shall  not  exceed  seven  thousand  dollars  i^er  an- 
num. The  salaries  of  the  foregoing  officers  shall  be 
paid  quarterly.  The  pay  of  State  Senators,  and  mem- 
bers of  the  Assembly,  sliall  not  exceed  the  sum  of  six 
dollars  for  each  day  of  actual  service,  and  forty  cents 
per  mile  for  mileage,  going  and  returning.  No  officer 
mentioned  in  this  section  shall  receive  any  fees  or  per- 
quisites to  his  own  use  for  the  performance  of  any 
duty  connected  with  his  office,  or  for  the  performance 
of  any  additional  duty  imposed  upon  him  by  law. 

Mr.  DUNNE.  I  call  for  a  division  of  the 
question,  in  order  that  the  blanks  to  be  filled 
according  to  the  report  may  each  be  voted 
upon  separately. 

The  SECRETARY  stated  (by  leave  of  the 
Convention)  that  in  accordance  with  the  action 
of  the  Convention,  accepting  the  report  of  the 
Committee  on  Schedule,  he  had  filled  the  blanks 
in  the  original  section,  so  that  it  now  stood  as 
a  complete  section. 

ineligibility  of  members. 

Mr.  STURTEVANT.  I  have  an  amendment 
to  offer-  I  move  to  amend  the  section  by  add- 
ing the  following  proviso  : 

"Provided,  That  no  member  of  this  Convention 
shall  be  eligible  to  any  office — Executive,  Legislative, 
or  Judicial — for  two  years  from  the  time  this  Constitu- 
tion is  adojjted." 

Mr.  BANKS.  I  move  to  amend  by  adding — 
"  Except  the  gentleman  from  Washoe,  Mr.  Stur- 
tevant.''     [Laughter.] 

Mr.  STURTEYANT.  I  am  not  an  office- 
seeker. 

The  CHAIRMAN.  The  Chair  rules  the 
amendment  out  of  order.     The  question  wil 


596 


SALARIES. 


[ITtli  day. 


Friday,] 


Hawlet — Sturtevant — Ho^'ET — Johnson — Collins. 


[July  22. 


be  divided  a?  requested  by  the  gentleman  from 
Humboldt,  and  the  first  question  is  on  inserting 
lour  thousand  dollars  as  the  salary  of  the 
Governor. 

Mr.  HAWLEY.  What  do  I  understand  the 
Chairman  to  say  has  become  of  the  amendment 
olfered  by  the  gentleman  from  Washoe? 

The  CHAIR.MAN.  It  has  been  ruled  out  of 
order. 

Mr.  STURTEVANT.  I  offered  it  in  good 
faith,  and  I  shall  most  assuredly  have  to  appeal 
from  the  decision  of  the  Chair.  I  would  like  to 
kno\7  what  authority  there  is  for  ruling  that 
amendment  out  of  order  ? 

The  CHAIRMAN.  It  is  ruled  out  of  order, 
but  the  present  occupant  of  the  chair  will  not 
undertake  to  give  any  explanations.  [Laugh- 
ter.] 

Mr.  STURTEVANT.  Well,  then  I  appeal 
from  the  decision  of  the  Chair. 

The  question  was  taken — "  Shall  the  decision 
of  the  Chair  stand  as  the  judgment  of  the  Con- 
vention ?  ■" — and  decided  in  the  alfirmative.  So 
the  decision  was  sustained. 

Mr.  HAWLEY.  I  wish  to  explain  my  vote. 
With  all  deference  to  the  Chair,  I  will  say  that 
I  considered  the  amendment  entirely  in  order, 
and  hence  I  voted  "  no." 

governok's  office. 

The  first  clause  of  Section  1  was  read,  as 
follows : 

"  For  the  first  term  of  office  succeediug  tlie  forma- 
tion of  a  State  Goverumeut,  the  salary  of  the  G-overnor 
shall  not  exceed  four  thousand  dollars  per  annum." 

The  question  was  taken  on  the  adoption  of 
the  clause  as  read,  and  it  was  agreed  to. 

SALARY  OF  SECRETARY  OF  STATE. 

The  SECRETARY  read  the  next  clause,  as 
follows : 

"  The  salary  of  the  Secretary  of  State  shall  not  ex- 
ceed three  thousand  six  hundred  dollars  per  annum." 

Mr.  HOVEY.  I  move  to  ani^nd  by  striking 
out  "six  hundred,"  so  as  to  leave  the  salary 
three  thousand  dollars. 

Mr.  J(  )liN,SON.  I  hope  that  amendment  will 
not  prevail.  I  do  not  care  particularly  aljout 
the  difference  in  the  anuiunt  i)rop().-e(l.  except 
tliat  it  will  perhaps  maivc  a  material  difference 
in  the  character  and  ability  of  the  class  of 
men  who  will  be  selected  for  State  officers. 
The  gentleman  is  a  very  earnest  friend  of  tlie 
proposed  State  Government,  but  1  do  not  sup- 
pose he  wants  ineorapi'tent  mrn  chosen  fVu- 
State  officers,  so  as  to  make  it  a  failure  in  the 
outset ;  and  I  would  like  to  learn  where  lie  will 
find  the  competent  man  who  would  take  this 
position  at  the  salary  specified  in  his  amend- 
ment. 

Mr.  HOVEY.  I  will  withdraw  the  amend- 
ment as  to  the  Secretary. 

QUALIKICATIOXS    OF    STATE    OFKICER.S. 

Mr.  JOHNSON.    I  think  I  may  be  permitted 


to  say  that  I  have  some  knowledge  of  the 
duties  connected  with  the  offices  of  Secretary 
of  State,  Treasurer,  and  Controller,  and  I  re- 
gard their  duties  a  id  responsibilities  as  about 
equalized.  It  is  necessary  that  the  Secretary 
of  State  should  be  a  man  of  reputable  ch;iracter 
and  standing  —  of  ability  and  probity  —  al- 
though it  is  true  that  the  material  duties  of 
the  office  are  generally  performed  by  subor- 
dinates. The  duties  of  Controller  require  a 
man  possessing — I  would  say,  if  our  mathemati- 
cal friend  from  Storey  (Mr.  Ball)  were  here — a 
financial  head.  He  must,  at  least,  be  a  man 
familiar  with  finance,  able  to  understand  the 
financial  questions  involved  in  questions  of 
taxation  and  revenue,  and  must  have  capacity 
to  present  an  intelligent  exhibit  of  those  mat- 
ters, and  generally  to  maniJge  the  financial 
affairs  of  the  State  Government. 

In  regard  to  the  Treasurer,  he  is  required  to 
possess  not  so  much  of  ability,  perhaps,  but  he 
must  be  a  man  of  undoubted  integrity.  If  we 
are  to  have  a  State  Goverumeut,  and  collect 
anything  under  our  revenue  laws,  there  will 
be  a  vast  responsibility  resting  upon  the  Treas- 
urer, whilst  the  mere  labor  devolving  upon 
him  will  not  be  very  great,  in  comparison  to 
the  other  officers  mentioned.  Therefore,  my 
impression  is,  that  the  labors  and  responsi- 
bilities of  these  officers  are  about  equalized, 
and  I  do  not  tliink  we  can  find  a  inaa 
whom  you,  Mr.  Chairman,  or  I.  or  the  gentle- 
man from  Storey  (Mr.  Hovey)  who  has  sugges- 
ted this  amendnii'nt,  would  like  to  see  supply- 
ing either  one  of  these  offices,  who  would  be 
willing  to  accept  it  for  a  less  salary  than  that 
specified  in  the  section  as  it  now  stands.  I 
think  that  is  enough,  and  any  less  amount 
would  be  whollv  inadequate. 

The  CHAIR.VIAN.  There  are  to  be  no  per- 
quisites— none  whatever.  This  salary  is  to 
constitute  the  whole  compcjnsatiou. 

Mr.  COLLINS.  It  embraces  the  fees  of  office, 
I  understand,  but  how  is  it  as  to  the  et  ceteras^ 
clerk  hire,  and  so  on  ? 

Mr.  JOHNSON.  The  duty  devolves  upon 
the  Legislature  to  make  such  appropriations 
for  those  matters  as  it  may  judge  to  be  proper. 
My  impression  is  that  the  Secretary  of  State 
will  require  two  clerks  and  the  Controller  one. 
I  think  that  would  })e  amjily  sufficient,  and  it 
may  be,  they  can  manage  with  aven  a  less 
numljer.  Very  likely  for  the  first  year  one  clerk 
would  suffice  for  each.  As  to  perquisites,  there 
possil)ly  may  be  some  "  stealings,"  to  use  a 
very  common  term,  but  the  Constitution,  as  we 
have  adopted  it  thus  far,  certainly  does  cut  off 
everything  of  that  character.  Clerk  hire  is  a 
n(!cessary  expense,  and  the  Legislature  will  be 
called  upon  to  provide  whatever  of  such  ex- 
pense may  be  necessary,  it  alone  determining 
what  is  needful.  The  business  in  the  office  of 
Secretary  of  State  may  increase  to  such  an  ex- 
tent as  to  <lcmand  more  clerical  force  than 
we  can  now  anticipate,  but  in  that  case  the 
fees  will  increase  proportionately,  so   that  the 


17th  day.] 


SALARIES. 


597 


Friday,] 


NouRSE— Dunne— Collins— Johnson. 


[July  22. 


State  will  really  be  the  gainer.  And  I  will 
explain  that.  Geutleraeu  know  this  fact,  or  if 
they  do  not  I  can  inform  them,  that  at  the 
present  time  there  are  very  considerable  emolu- 
ments belonging  to  the  office  of  Secretary  of 
the  Territory.  I  do  not  fix  the  amounc,  nor 
would  I  state  it  as  high,  perhaps,  as  is  gener- 
ally supposed,  but  there  is  a  very  considerable 
amount  of  fees  paid  into  the  office  of  the  Secre- 
tary of  the  Territory — fees  for  copying,  for 
filing  articles  of  incorporation,  for  furnishing 
certllied  copies  of  laws,  and  the  like.  Perhaps 
tliere  may  be  twenty  different  instances  of  acts 
of  an  official  character,  where  the  fees  go  direct- 
ly to  the  Secretary  of  the  Territory.  But  under 
the  Constitution  which  we  propose  to  adopt 
not  a  dollar  of  those  fees  would  be  collected 
for  the  use  of  the  Secretary  of  State — not  one 
dollar. 

The  CHAIRMAN.  Th=i  gentleman's  time, 
under  the  rule,  has  expired. 

Mr.  NOURSE.  I  think  the  particular  salary 
under  consideration  is  well  enough,  but  I  shall 
not  vote  against  any  proposition  to  decrease 
that  as  well  as  the  others,  if  we  make  an  allow- 
ance for  fees ;  and  at  the  proper  time  I  shall 
move  to  strike  out  the  proviso  wbich  prohibits 
these  officers  from  receiving  fees,  in  cases  where 
they  have  certain  duties  to  perform,  because  if 
I  go  to  an  officer  and  want  to  have  something 
done,  like  filling  out  a  commission,  or  making 
a  copy  of  a  record,  or  transcript,  I  do  not  want 
to  feel  that  I  am  taking  half  a  day  of  his  time 
without  paying  him  for  it.  I  want  to  be  allowed 
to  give  him  a  fair  compensation  for  his  service, 
and  [  think  other  people  would  feel  the  same 
way.  We  may  guard  against  making  any  claim 
upon  the  State  for  such  extra  service,  and  the 
Legislature  can  pass  such  a  law  as  will  be  just 
and  reasonable,  in  resp.'ct  to  the  amount  of  the 
fees,  but  I  do  not  want  to  make  such  a  provis- 
ion as  will  prevent  the  payment  of  any  fees. 
Take,  for  instance,  the  office  of  Surveyor  Gen- 
eral. 

Mr.  DUNNE.  Allow  me  to  suggest  that  the 
language  of  the  section  is  that  no  officer  '•  shall 
receive  any  fees  or  perquisites,  to  his  own  use."' 

Mr.  NO  LI  tiSE.  Well,  I  would  not  feel  any 
better  about  it,  if  the  fee  was  to  do  him  no 
good.  The  Surveyor  General  may  be  called 
upon  to  make  a  survey  to  be  used  as  evidence 
in  a  Court  of  Justice.  He  makes  his  surveys  in 
his  official  character,  as  Surveyor  General,  and 
only  gets  his  salary  of  one  thousand  dollars  a 
year,  yet  he  may  be  called  upon  to  go  all  over 
the  Territory  to  make  such  surveys.  It  is  cer- 
tiinly  a  duty  connected  with  his  office,  and  yet. 
although  it  may  be  very  laborious,  and  involve 
considerable  expense,  he  cannot  under  that 
proviso  receive  any  fees  or  perquisites  to  his 
own  use.  i  believe  I  shall  vote  for  the  salaries 
as  they  are.  but  not  because  I  would  regard 
them  as  sufficient  for  the  services  of  every  char- 
acter which  may  be  rendered.  I  believe  the 
laborer  is  worthy  of  his  hire,  and  while  I  think 
the   Legislature   should   regulate    the   fees   of 


office  so  as  to  be  no  larger  than  they  now  are, 
I  shall  certainly  oppose  the  proposition  to  cut 
them  olf  entirely  so  that  the  officers  cannot  be 
paid  for  services  of  that  nature. 

Mr.  COLLINS.  I  like  to  know,  when  I  am 
about  to  vote,  whether  upon  this  question  or 
any  other,  exactly  what  I  am  voting  for.  Now 
I  am  oppo.'^ed  to  dignifying  men  with  office, 
and  giving  them  adequate  salaries,  and  then 
legislating  to  pay  somebody  else  for  doing 
what  they  ought  to  do  themselves.  I  think  that 
system  has  been,  to  use  a  popular  expression, 
••  run  into  the  ground."  I  can  see  no  reason 
why  the  Controller  should  want  a  clerk  for 
more  than  one  month  in  the  entire  year,  and  no 
reason  why  the  Treasurer  should  want  a  clerk 
at  all. 

Mr.  JOHNSON.  With  all  respect  to  the  gen- 
tleman from  Storey,  I  do  not  think  he  has 
much  practical  understanding  about  the  duties 
of  those  offices. 

Mr.  COLLINS.  I  have  more  confidence  in 
my  own  general  intelligence  than  the  gentle- 
man from  Ormsby  appears  to  entertain.  I 
think  I  do  know  something  about  those  offices, 
and  I  would  like  to  have  the  gentleman  from 
()rjnsby,  or  any  other  man,  tell  me  why  the 
Controller  needs  a  clerk,  more  than  a  few  days, 
during  the  session  of  the  Legislature,  and  what 
necessity  there  is  at  any  time  for  a  clerk  for 
the  Treasurer.  I  would  like  to  have  him  show 
me  why,  with  our  present  population,  and  the 
small  amount  of  business  there  is  in  this  Terri- 
tory, it  is  necessary  to  give  the  Secretary'  of 
State  a  clerk,  when  he  can  perform  the  entire 
labor  of  the  office  himself.  I  have  no  hesitation 
about  paying  any  officer  for  his  labor,  but  I  am 
opposed  to  paying  him.  and  then  employing 
others  to  do  his  work  for  him. 

Mr.  JOHNSON.  The  best  evidence  afforded 
us  upon  the  point  in  regarl  to  which  the 
gentleman  from  Storey  seeks  information,  is 
the  fact  that  the  present  Secretary  of  the  Terri- 
tory has  from  two  to  four  clerks  constantly  em- 
ployed, and  paid  by  himself.  That  is  to  me 
conclusive  evidence  that  the  public  service  re- 
quires as  many  as  two  clerks  in  that  particular 
office.  Mr.  Clemens  has  had  employed  four 
clerks,  and  has  two  at  the  present  time,  pay- 
ing their  salaries  himself,  and  he  also  labors 
efficiently,  himself,  many  hours  of  the  day. 

Mr.  COLLINS.  It  matters  not  to  me  how 
many  he  employs,  under  the  present  system.  I 
would  like  to  have  any  nienil)er  point  (Uit  to  me. 
under  the  Constit\ition  which  we  propose  here 
to  adopt,  the  duties  that  will  require  the  con- 
stant labor  even  of  the  Secretary  him-elf.  And 
I  sav  if  we  elect  a  man  as  Secretary  and  he  ac- 
cepts the  office,  he  is  bouml  to  devote  his  entire 
labor  to  that  office.  Yet  it  is  suggested  by  the 
sientleman  that  he  be  allowed  two  clerks  be- 
sides. I  am  willing  to  vote  to  the  Governor. 
to  the  Secretary  of  State,  to  the  Controller,  and 
to  the  Treasurer,  each,  a  generous  .salary  ; 
but  I  want  to  know,  when  I  vote  it.  whether  the 
Legislature  is  going  to  be  teased  and  lobbied. 


598 


SALARIES. 


[nth  day.. 


Friday,] 


Warwick — Kennedy — Frizell — Banks— Brosnax. 


[July  22 . 


and  lobbied  and  teased,  perpetually,  for  house 
rent,  for  office  rent,  for  clerks  that  may  have  liad 
an  existi-nce.  and  for  clerks  that  may  have  had 
no  existence.  I  want  to  know  somethin.u;  about 
these  matters  before  I  vote  for  liberal  salaries. 
The  question  before  us  is,  Can  we  have  aStatr 
Government?  The  times  are  pinch  in  p:ly  hard 
upon  us.  If  we  can  show  that  for  four  years 
to  come  we  can  have  a  State  Government  which 
shall  be  cheap  and  well  conducted,  then  there 
are  thousands  of  men  who  will  vote  for  it,  who 
otherwise  will  not.  If  we  shall  leave  it  open 
and  indefinite,  so  that  our  expenditures  may 
eitlier  l)e  run  up  to  three  hundred  thousand  dol- 
lars a  year,  or  be  brouiiiit  down  to  seventy 
five  thousand,  people  will  be  greatly  alarmed, 
and  will  instinctivly  grasp  at  the  larger  sura, 
and  look  with  incredulity  and  contempt  upon 
the  smaller,  and  the  conscqueace  will  hi  that 
we  shall  have  no  State  Government.  I  say,  let 
us  look  this  question  fairly  and  squarely  in  the 
face.  Let  us  fix  these  salaries,  and  all  other  ex 
peuditures,  as  nearly  just  as  po.ssible  now,  and 
do  not  let  us  leave  such  matters  open  to  the 
Legislature,  to  be  increased  indefinitely. 

Mr.  WARWICK.  It  seems  to  me  that  in  po- 
litical matters,  as  in  everything  else,  too  gre<il 
a  striving  for  economy  is  generally  likely  to 
prove  the  most  expensive  policy  in  the  end,  and 
I  believe  in  the  policy  of  paying  a  competent 
man  all  he  is  worth,  rather  than  paying  an  in- 
competent man  anything.  And  in  order  to 
secure  competent  men  we  must  pay  a  competent 
price  for  their  services.  Any  gentleman  here 
who  attended  the  lecture  d  livered  the  other 
night,  I  think  will  remember  one  thing  which 
the  lecturer  impressed  upon  his  audience,  and 
that  was.  that  when  men  want  rolialde  informa- 
tion upon  a  subject  of  importance  they  do  not 
stand  upon  the  cost.  Tiiat  is  undoubtedly  the 
true  policy.  We  are  not  in  a  condition  to  l)e 
extravagant,  but  I  insist  tliat  the  greatest  econo- 
my, whether  in  the  affairs  of  a  State  or  in  pri- 
vate business,  is  to  pay  a  competent  man  all  he 
is  worth  for  the  services  he  renders,  and  then 
you  may  be  sure  of  securing  efficient  service. 
There  is  not  a  business  man.  or  a  firm,  in  the 
whole  community,  that  would  not  rather  pay  a 
competent  man  a  good  round  sum.  for  liis  ser- 
vices as  clerk,  book-keeper,  or  foreman,  for  in- 
stance, than  pay  an  incompijtent  man  anything. 
Now  can  we  draw  a  competent  man.  a  merchant 
or  a  lawyer,  away  from  his  own  business,  and 
got  him  to  give  iiis  entire  .servics  to  the  State, 
for  a  single  term  of  office,  by  paying  him  a  sum 
of  money  less  than  he  can  make  at  liis  own 
business.  We  propo.se  to  call  upon  men  to 
.stand  at  the  head  of  our  Government,  to  carry 
it  on.  to  manage  its  affairs,  to  control  its  money 
matters ;  we  desire  to  select  men  for  their 
proljity,  their  honesty  and  al)ility  ;  and  I  say 
the  greatest  economy  will  l)e  found  in  paying 
thi'in  p^rliaps  fivi-  or  six  tliousand  dollars  a 
year,  so  as  to  enal)le  them  to  live  like  gentle- 
men, rather  than  in  screwing  them  down  to  a 
pitiful  salary  of  three  or  four  thousand  dollars 


a  year.  By  small  salaries  the  State  holds  out 
inducements  to  men  to  become  dishonest.  That 
is  a  fact  which  is  recognized  t)y  all  business 
men,  throughout  the  United  States,  and  all  over 
the  world.  I  do  not  desire  to  consume  the 
time,  but  I  hope  the  Convention  will  adopt  the 
policy  of  paying  fair  salaries  for  the  services  of 
good  men. 

Mr.  KENNEDY.  I  wish  to  remind  gentle- 
men that  the  salaries  are  fixed  by  this  section 
only  for  the  first  term  of  office.  After  that,  the 
Legislature  can  increase  them,  if  it  is  deemed 
desiralile. 

Mr.  FRIZELL.  As  to  competency,  I  have 
no  doubt  that  there  are  a  great  many  men  ia 
this  Territory  perfectly  competent  to  fill  any 
of  these  offices,  who  would  be  willing  to  take 
them  at  the  prices  now  specified.  Another 
thing,  when  a  man  is  elected  he  has  a  great 
many  '•  Idushiug  honors  thick  upon  him,"  and 
inasmuch  as  these  salaries  are  fixed  only  for 
two  years,  I  think  he  should  consider  them  sat- 
isfactory, and  they  will  certainly  be  economi- 
cal. 

Mr.  BANKS.  Some  gentlemen  have  referred 
to  the  knowledge  which  I  know  they  possess  in 
regard  to  this  matter,  and  I  am  going  to  do 
the  very  same  thing.  I  know  this  to  be  a  fact, 
that  in  California  a  man  has  been  elected  to 
the  ofBce  of  Secretary  of  State  who  never  knew, 
or  pretended  to  know,  anything  about  the  duties 
of  the  office,  and  those  duties  have  been  per- 
formed under  him  by  a  man  who  had  been 
deemed  competent  to  preside  over  a  high  court 
of  justice.  And  I  will  say  further,  that  he  per- 
formed the  duties  very  efficiently  and  accept- 
ably, and  did  so,  I  believe,  for  only  two  hun- 
dred dollars  per  month. 

Mr.  WARWICK.  I  suppose  the  gentleman 
refers  to  Judge  Tuttle. 

Mr.  BANKS.     Yes,  sir. 

Mr.  WARWICK.  I  understand  ho  received 
three  hundred  dollars  a  month. 

Mr.  BANKS.  Very  well ;  at  any  rate  he  was 
not  the  Secretary  of  State.  And  so  it  has 
been  in  other  State  offices.  In  San  Francisco, 
too,  while  the  office  of  County  Clerk  was  held 
by  a  man  who  was  receiving  something  like 
fifty  thousand  dollars  a  yetir — 

.Mr.  BROSNAN.     Ninety  thousand. 

Mr.  BANKS.  I  wished  to  be  moderate  about 
it,  and  keep  entirely  within  Ijounds,  and  hence 
I  put  it  at  the  lowest  possible  amount.  That 
officer  never  knew  anything  al)Out  the  duties, 
and  they  were  jjcrformed  \>j  a  head  clerk,  who 
r(!ceived  a  very  moderate  salary.  Eventually, 
however,  the  compensation  was  reduced  to  four 
thousand  dollars,  and  the  County  Clerk  was  re- 
quired to  perform  the  duties  himself,  taking 
the  place  of  the  head  clerk.  Now  which  course 
of  policy  shall  we  i)ursue?  That  of  appointing 
men  to  office  who  can  perform  the  duties  elfi- 
cieiitly,  and  re(|uiring  them  to  pi-rforni  those 
duties,  or  that  of  creating  offices,  and  selecting 
men  to  fill  them  whose  oidy  qualifications  are, 
perhaps,  that  they  can  deport  themselves  iu  a 


17th  day.] 


SALARIES. 


599 


Friday,]     Warwick— Wetherill—Stcetevant — Dunne— Johnson— Banks— Collins.     [July  22. 


dignified  manner,  and  then  giving  tliem  clerlis 
to  perform  the  duties  for  tiiem? 

Mr.  WARWICK.  I  move  to  fill  the  blank  so 
as  to  make  the  salary  of  the  Secretary  of  State 
four  thousand  dollars. 

Mr.  WETHERILL.  Let  us  fix  it  so  as  to 
afford  him  a  fair  compensation,  and  then  I  am 
willing  to  give  fees  to  his  deputies — say  for 
three  months  in  the  year. 

Mr.  STURTEVANT.  I  would  like  to  see  the 
amendment  adopted  which  the  gentleman  from 
Lander  has  offered,  for  one  simple  reason  ;  and 
that  is,  I  cannot  maintain  my  family  here — I  do 
uot  know  how  it  may  be  with  other  gentlemen 
— on  any  less  amount  than  that  named  in  his 
amendment. 

Mr.  DUNNE.  I  rise  to  a  point  of  order. 
The  committee  reported  merely  filling  the 
blanks,  and  their  report  has  uot  yet  been 
adopted. 

The  CHAIRMAN.  The  report  of  the  com- 
mittee was  agreed  to. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  Warwick,  to  fi.x  the  salary  of 
the  Secretary  of  State  at  four  thousand  dollars, 
acd  it  was  not  agreed  to. 

Mr.  DUNNE.  Now  I  understand  the  Chair- 
man that  the  report  of  the  committee  has  been 
adopted  filling  all  these  blanks,  and  therefore 
nothing  is  in  order,  except  such  amendments  as 
may  be  offered.  It  seems  to  me  there  is  no  ne- 
cessity for  any  division  of  the  question. 

Mr.  JOHNSON.  I  understand  the  question 
to  be  this :  We  have  before  us  a  report  of  a 
coinmittee  recommending  the  filling  of  certain 
blanks  in  the  section  with  certain  specified 
amounts.  The  gentleman  from  Humboldt  (Mr. 
Dunne)  calls  for  a  division  of  the  question,  and 
the  vote  is  thereupon  taken  separately  upon 
filling  each  blank.  The  recommendation  to  fill 
the  blank  for  the  salary  of  the  Guvernor  with 
four  thousand  dollars  has  been  adopted,  and 
the  question  now  being  on  filling  the  succeed- 
ing blank,  as  the  salary  of  the  Secretary  of 
State,  with  three  thousand  six  hundred  dollars, 
it  is  competent  to  move  to  amend  by  naming  a 
different  sura.  If  the  report  had  been  adopted, 
I  would  consider  a  motion  as  out  of  order  to 
strike  out  and  insert,  for  the  reason  that  the 
question  would  be  one  which  had  already  been 
passed  upon.  The  motion  of  the  gentleman 
from  Lander  (Mr.  Warwick)  being  negatived, 
the  question  now  properly  occurs  on  filling  the 
blank  with  the  sum  recommended  by  the  com- 
mittee. 

Mr.  DUNNE.  So  I  understood  it,  but  the 
Chairman  has  ruled  that  the  report  of  the  com- 
mittee was  adopted,  and  the  blanks  all  filled. 

The  CHAIRMAN.  The  Chair  will  now  de- 
cide that  the  committee  may  take  the  course 
indicated  by  the  gentleman  from  Ormsby,  the 
President,  and  act  upon  each  clause  separately. 
Then  gentlemen  may  amend  the  section  as  they 
please.  The  question  now  is  on  filling  the 
blank  for  the  salary  of  the  Secretary  of  State 
with  three  thousand  six  hundred  dollars. 


The  question  was  taken,  and  the  amendment- 
was  agreed  to. 

controller's  salary. 

The  SECRETARY  read  the  next  clause,  as 
follows : 

"The  salary  of  the  State  CoutroUer  shall  not  exceed 
three  thousand  six  hundred  dollars  i)er  annum." 

Mr.  JOHNSON.  I  understand  the  Chair  to 
decide  that  the  report  in  the  aggregate  was 
uot  adopted,  but,  on  the  contrary,  that  the  vote 
should  be  taken  separately,  as  recommended  by 
the  committee,  on  each  distinct  clause  of  the 
section. 

Mr.  DUNNE.  If  that  is  the  case,  then  in  fill- 
ing the  blanks,  under  the  rules,  the  smallest 
sum  must  be  put  first. 

Mr.  BANKS.  My  colleague  is  mistaken.  Un- 
der Jefferson's  Manual,  by  which  we  are  gov- 
erned, the  largest  sum  must  be  put  first. 

Mr.  STURTEVANT.  The  gentleman  will 
find  that  rule  on  page  70  of  the  Manual,  re- 
quiring the  largest  sum  to  be  first  put  to  the 
question,  and  the  rule  is  referred  to  in  a  note — 
that  the  largest  sum  and  the  longest  time  shall 
be  first  put. 

Mr.  COLLINS.  I  confess  that  my  mind  is  a 
little  muddled  as  to  the  question  before  the 
committee. 

The  CHAIRMAN.  If  the  committee  desire 
to  spend  time  in  the  discussion  of  questions  of 
this  character,  the  Chair  cannot  prevent  it ;  but 
there  is  no  question  before  the  committee,  ex- 
cept the  adoption  of  this  clause. 

Mr.  COLLINS.  I  want  to  vote  intelligently, 
and  I  have  a  right  to  know  what  I  am  voting 
upon.  Therefore,  I  have  a  right  to  make  an 
inquiry,  and  I  think  it  is  the  duty  of  the  Chair 
to  answer  mv  inquiry. 

The  CHAIRMAN.  The  gentleman  will  pro- 
pound his  inquiry. 

Mr.  COLLINS.  I  understand  that  this  report 
was  accepted  in  the  Convention  as  a  whole. 
Now  we  are  in  Committee  of  the  Whole,  and 
we  take  up  this  report,  and  upon  the  suggestion 
of  the  gentleman  from  Humboldt,  (Mr.  Dunne,) 
we  take  up  and  consider  these  several  clauses, 
one  by  one.  There  are  no  blanks  in  fact,  the 
blanks  having  been  filled  by  the  committee, 
and  their  report  accepted  by  the  Convention 
before  the  article  was  referred  to  us.  The 
question  was  first  on  the  clause  fixing  the  salary 
of  the  Governor,  and  it  was  adopted ;  then  on 
the  clause  fixing  the  salary  of  the  Secretary  of 
State,  which  was  also  adopted — an  important 
motion  to  amend  by  striking  out,  with  a  view 
to  filling  up  with  another  figure,  having  been 
lost ;  and  now  the  question  is  on  the  salary  of 
the  Controller,  which  is  next  in  order.  As  I 
understand  it,  there  is  no  blank  there,  but  the 
question  before  the  committee  is  on  the  adop- 
tion of  that  portion  of  the  section  as  reported, 
providing  for  a  salary  of  three  thousand  six 
hundred  dollars  for  the  Controller.  Am  I 
right? 

The  CHAIRMAN.    Yes.  sir  :  that  is  correct. 


600 


SALARIES. 


[17th  day. 


Friday,] 


Collins— Kennedy— Johnson— Baxks. 


[July  22. 


'  Mr.  COLLINS.    Now  that  I  understand  what 
I  am  voting  upon.  I  am  satisfied. 

The  question  was  taken  on  the  adoption  of 
the  clause  limiting  the  salary  of  the  Controller 
at  three  thousand  si.x  hundred  dollars,  and  it 
was  agreed  to. 

SALARY    OF   TKEASURER. 

The  next  clause  was  read,  as  follows  : 

■•The  salary  of  the  State  Treasurer  shaU  not  exceed 

three  thousaud  six  hundred  dollars  per  annum." 
The  question  was  taken,  and  the  clause  was 

agreed  to. 

surveyor-general's  salary. 

The  next  clause  was  read,  as  follows  : 

"  The  salary  of  the  Surveyor-General  shall  not  exceed 

one  thousaud  dollars  per  annum." 
The  question  was  taken,  and  the  clause  was 

agreed  to. 

attorney-general's  salary. 

The  next  clause  was  read,  as  follows  : 

"  The  salary  of  the  Attorney-General  shall  not  exceed 

two  thousand  five  hundi-ed  dollars  per  annum." 
The  question  was  taken,  and  the  clause  was 

agreed  to. 

SCHOOL  superintendent's  SALARY. 

The  next  clause  was  read,  as  follows  : 
"  The  salary  of  the  Superintendent  of  Public  Instruc- 
tion shall  not  exceed  two  thousand  dollars  per  annum." 
The  question  was  taken,  and  the  clause  was 
agreed  to. 

SALARY   OF    SUPREME    JUDGES. 

The  next  clause  was  read,  as  follows : 
"The  salary  of  each  Judge  of  the  Supreme  Court 
shall  not  exceed  seven  thousand  dollars  per  annum." 

Mr.  KENNEDY.  Is  that  the  language  of  the 
section  all  through? — '-Shall  not  exceed?" 

The  CHAIRM-VN.  Yes,  sir.  The  Legislature 
can  dimini.'^h  it,  !)ut  not  increase  it. 

Mr.  JfJlIXSOX.  I  do  not  so  understand  it. 
My  undi-rstanding  of  the  intention  of  the  sec- 
tion is,  that  it  proposes  to  fix  tlie  compensation, 
in  each  case,  for  tbe  first  term,  be  it  one,  two, 
three,  four,  or  five  years.  In  my  opinion,  we 
should  fix  the  compeusation  for  the  first  incum- 
bent, and  the  Legislature  will  then  have  no 
power  to  change  it  during  such  incumbent's 
term. 

Mr.  COLLINS.  How  many  Supreme  Judges 
does  that  provision  contemplate? 

Mr.  J(JlINrfON.  That  is  not  indicated,  as 
yet. 

Mr.  KENNEDY.  I  move  to  amend  the  sec- 
tion all  the  way  through  by  striking  out  the 
words  "  shall  not  exceed  ''  wherever  they  occur, 
and  inserting  instead  tde  words  "  shall  he."' 

.Mr.  COLLINS.  I  would  like  to  know  what 
benefit  is  to  result  from  that  ? 

.Mr.  Pi.\NIvS.     I,  too,  would  like  to  know  it. 

Mr.  (J()I.,LIN3.  As  it  is  now,  it  leaves  tiie 
Li!gislature  the  privilege  of  reducing  the  sal- 
ary, if  deemed  expedient.    We  do  not  know  but 


that  four  thousand  dollars,  two  or  three  years 
hence,  may  really  be  equivalent  to  eight  thou- 
sand now.  because  we  cannot  anticipate  the 
future,  and  hence  we  should  give  the  Legisla- 
ture the  privilege  of  reducing  these  .salaries  if 
necessary.  I  do  not  see  what  benefit  is  to  re- 
sult from  fi.xing  them  arbitrarily,  and  so  forcing 
the  Legislature,  let  the  stringency  be  what  it 
may,  to  pay  large  salaries.  The  times  may  be 
such  that  competent  men  would  be  glad  to 
serve  for  two  thousand  dollars  per  annum,  and 
why  should  we  tie  up  the  hands  of  the  Legisla- 
ture, when  we  really  do  not  know  wliat  the 
value  of  money  is  going  to  be  a  few  years 
hence. 
Mr.  JOHNSON.  Mr.  Chairman- 
Mr.  KENNEDY.  Mr.  Chairman— 
The  CHAIR.MAN.  The  Chair  first  recognized 
the  gentleman  from  Ormsby. 

Mr.  JOHNSON.  I  was  going  to  say.  what 
probably  the  gentleman  from  Lyon  (Mr.  Kenne- 
dy) would  have  expressed,  had  he  obtained  the 
floor,  that  every  man  on  becoming  an  aspirant 
for  office  naturally  and  properly  desires  to  know 
what  his  salary  or  compensation  is  to  be,  if  he 
is  successful ;  and  it  is  but  just  that  we  should 
fix  the  salaries  of  all  these  offices  for  the  first 
term,  if  for  no  other  reason  than  that  the  power 
cannot  otherwise  exist,  before  they  are  elected. 
If  the  Legislature  were  to  convene  prior  to  the 
election  of  State  officers,  then  it  might  be  proper 
to  leave  it  to  fix  these  salaries,  for  then  the  va- 
rious candidates  for  office  would  be  informed  as 
to  what  their  compensation  would  be.  But  that 
is  an  impossibility.  There  is  no  plan  of  gov- 
ernment which  we  can  propose  or  arrange  by 
which  the  Legislature  would  be  enabled  to  de- 
fine the  ciimpensation.  before  the  election  of 
State  officers.  Tlierefore  this  amendment  ex- 
plains that  which  before  was  left  undefined,  on 
the  question  of  compensation.  If  we  say  it 
shall  not  exceed  a  certain  amount,  in  any  case, 
we  leave  it  in  the  power  of  the  Legislature 
following  the  election  of  the  officers,  if  the 
choice  made  by  the  people  is  not  satisfactory 
to  a  majiirity  of  the  Legislature,  to  fix  the 
salary  at  such  a  low  standard  as  to  compel  the 
resignation  of  the  incumbents. 

Again,  I  desire  that  the  pulilic  mind  shall 
be  instructed  in  tliis  regard.  I  want  the  people 
to  know  what  is  to  be  the  amount  of  the  salary 
of  our  first  State  officers,  and  also  that  there 
can  be  no  deviation  from  the  amount  so  named. 
In  this  way,  we  not  only  instruct  the  public  as 
to  the  expense  of  our  State  Grovernment,  l)ut 
those  who  may  become  candidates  also,  l)y  the 
adoption  of  this  proviso  that  the  salary  shall 
not  exceed,  and  at  the  same  time  shall  not  fall 
short  of,  a  specified  sum.  and  thus  we  afford 
protection  on  the  one  hand  to  the  people,  and 
on  the  other  to  the  incumbent.  I  really  can 
see  no  objection  to  this  amendment,  fixing  for 
their  respective  terms  of  office,  the  salaries  of 
those  who  are  to  be  first  elected. 

Tlie  question  was  taken  on  the  amendment 
proposed  by  Mr.  Kennedy,  and  it  was  agreed  to. 


17th  day.] 


SALARIES. 


601 


Friday,]  Stdrtevaxt — Bkosnan — Johnson— Collins — Kennedy — Nourse — Lockwood.   [July  22. 


The  question  was  stated  on  adoptiug  tiie 
clause  previously  read,  fixing  the  salary  of  each 
of  the  Supreme  Court  Judges  at  seven  thousand 
dollars. 

Mr.  STURTEVANT.  How  many  are  there 
to  be  ? 

The  CHAIRMAN.    That  is  not  yet  decided. 

Mr.  BROSNAN.  The  report  of  the  Commit- 
tee on  the  Judiciary  fixes  upou  three  as  the 
number. 

The  CHAIRMAN.  Does  the  Committee  agree 
on  that'' 

Mr.  BROSNAN.     No.  sir. 

Mr.  JOHNSON.  I  dissent  from  the  report 
respecting  the  number,  and  shall  be  in  favor 
of  five  Supreme  Court  Judges. 

Mr.  COLLINS.     I  shall  concur  in  that. 

Mr.  STURTEVANT.  I  suppose  the  term  of 
office  is  not  to  be  long,  but  this  looks  to  me  like 
a  tremendous  salary. 

The  CHAIRMAN.  The  gentleman  can  move 
an  amend  iient. 

Mr.  STURTEVANT.  Well,  I  move  to  reduce 
it  to  four  thousand  dollars. 

Mr.  COLLINS.  I  would  like  to  hear  the  gen- 
tleman's reasons. 

Mr.  STURTEVANT.  One  of  my  reasons  is, 
that  the  Supreme  Court  is  not  likely  to  be  in 
session  in  the  aggregate  more  than  six  weeks  in 
the  year. 

Mr.  KENNEDY.  What  does  the  gentleman 
expect  theui  to  do  for  a  livelihood,  outside  of 
their  salaries. 

Mr.  STURTEVANT.  Let  them  work,  as 
I  do. 

Mr.  COLLINS.  Is  the  gentleman  willing  to 
permit  or  require  the  judges  to  enter  into  the 
business  of  mining,  quartz  milling,  and  all  that 
kind  of  business,  and  speculation? 

Mr.  STURTEVANT.  Certainly  I  am,  if  they 
desire  to. 

Mr.  NOURSE.  The  gentleman  says  he  can- 
not live  here  on  less  than  four  thousand  dollars 
a  year.  I  suppose  a  judge  of  the  Supreme  Court 
would  naturally  have  to  be  at  more  expense 
than  he,  vvould  he  not? 

Mr.  STURTEVANT.  I  would  like  to  know 
whether  or  not  the  Supreme  Court  Judges  are 
to  act  as  District  Judges? 

Mr.  NOURSE.    No  \  they  are  only  to  act  as 
the  Court  of  Appeal.     They  are  of  course  de- 
barred from  the  practice  of  the  law.   They  can- 
not work  at  their  profession,  which  is  their  only  , 
means  of  support,  for  a  judge  of  a  court  cannot  j 
very  well,  when  his  term  is  done,  go  to  work  in  j 
the  harvest  field.     That  would  be  a  good  deal  j 
like  having  a  minister  of  a  church   swingling 
flax  in   the  pulpit  while  the  choir  is  singing,  j 
[Merriment.]    If  this  were  an  office  for  life,  like 
that  of  a  judge  of  the  Supreme  Court  of  the 
United  States,  or  that  of  the  District  Judges  of 
the  United    States,    it   would  only   be    neces- 
sary to  provide   for   such  a   salary  as  would 
barely  suffice  to  support  a  man  handsomely, 
with  perhaps  a  trifle  beyond  for  contingencies  ; 
but  when  a  man  is  elected  for  a  term  of  only 


five  or  six  years,  he  is  expected  to  give  up  all 
his  business,  and  then,  after  he  has  been  out  of 
business  for  that  length  of  time,  he  is  thrown 
out  of  office,  or  is  liaV)le  to  be,  and  has  to  begin 
his  business  anew.  Under  such  circumstances  it 
seems  to  me  that  something  more  than  what  will 
suffice  for  a  bare  living  should  be  allowed  him — 
something  more  than  the  four  thousand  dollars 
a  year  which  the  gentleman  himself  says  is 
necessary  for  his  own  subsistence.  Under  all 
the  circumstances  it  seems  to  me  that  seven 
thousand  dollars  is  not  at  all  extravagant,  more 
especially  when  we  consider  the  great  proba- 
bility that  it  will  not  be  paid  in  gold  at  the 
time  it  is  due.  but  will  have  to  be  taken  in  scrip. 
And  what  the  chances  are  of  that  scrip  being  at 
par  we  can  all  judge  pretty  well.  For  my  part 
I  think  it  very  possible  that  the  seven  thousand 
dollars  will  not  be  really  worth  in  gold  more 
than  five  thousad  dollars. 

Mr.  STURTEVANT.  I  will  withdraw  my 
motion. 

The  question  was  taken  on  the  adoption  of 
the  clause  as  read,  and  it  was  agreed  to. 

The  next  clause  was  read  as  follows  : 

"The  salaries  of  the  foregoing  officers  shall  be  paid 
quarterly." 

Mr.  JOHNSON.  I  move  to  amend  by  adding 
the  words  "  out  of  the  State  Treasury." 

The  amendment  was  adopted  by  unanimous 
consent. 

PAY    OF    THE    LEGISLATCRE. 

The  next  clause  was  read,  as  follows  : 

"  The  pay  of  State  Senators  and  members  of  the 
Assembly  shall  be  six  dollars  for  each  day  of  actual 
service,  and  forty  cents  per  mile  for  mileage,  going 
and  returning." 

Mr.  LOCKWOOD.  I  want  to  say  a  few  words 
upon  that.  In  Section  34  of  Article  IV,  entitled 
Legislative  Department,  it  is  provided  that  the 
pay  of  members  of  the  Assembly  and  Senators 
shall  be  eight  dollars  a  day,  and  that  was 
thoroughly  discussed. 

Several  Members.     That  is  stricken  out. 

Mr.  LOCKWOOD.  I  have  it  down  in  my 
book  here.  For  the  first  session  th>-y  were  to 
receive  that,  and  then  after  discussion  we  con- 
cluded to  leave  it  to  the  Legislature  to  fix  the 
compensation  subsequently.  Now  to  adopt  this 
clause,  it  seems  to  me  would  conflict  with  Sec- 
tion 34  of  that  Article,  and  for  one,  I  am  most 
decidedly  opposed  to  cutting  the  pay  of  mem- 
bers of  the  Legislature  down  to  six  dollars  a 
day^a  sum  barely  sufficient  for  their  .support.  I 
insist  that  it  is  good  policy  to  pay  men  ade- 
quately for  their  services — to  allow  a  sufficient 
amount  of  compensation  to  command  the  talent 
and  ability  of  the  State.  I  submit,  sir,  that 
any  man  who  has  brains  enough  to  make  him  a 
competent  member  of  a  legislative  body  in  our 
State,  must  think  a  great  deal  more  of  the  hon- 
or of  it  than  I  do,  at  least,  to  consent  to  serve 
the  people  for  such  a  compensation  as  this.  Any 
man  who  has  sufficient  brains  to  be  sent  to  the 
Legislature  ought  to  be  worth  more  than  six 
dollars  a  day.    I  propose  to  make  the  compen- 


602 


SALARIES. 


[17th  day. 


Friday,] 


Tagliabue — Johnson — Dunne. 


[July  22. 


sation  eight  dollars  a  day,  and  therefore  I  will 
move  to  strike  out  this  clause  altogether. 

Mr.  TAGLIABUE.  We  had  that  section  to 
which  the  geiitlomea  refers  before  the  commit- 
tee, aud  we  found  that  it  did  not  provide  for 
any  compensation,  except  certain  contingent 
expenses.  I  will  ask  the  Secretary  to  read  the 
section  as  it  was  passed. 

The  Secretary  read  the  section,  as  follows  : 

Sec.  33.  The  members  of  the  Legislature  .shall 
receive  for  their  serrices  a  compeu.satiou  to  be  fixed  by 
law,  and  iiaid  out  of  the  public  treasury  ;  but  no  in- 
crease of  such  compensation  shall  take  effect  during 
the  term  for  which  the  members  of  either  House  shall 
have  been  elected ;  jn'oi-'iiJdl,  that  an  appropriation  may 
be  made  for  the  i^ayment  of  such  actual  expenses  as 
the  members  of  the  Legislature  may  incur  for  postage, 
express  charges,  newspajjers,  and  stationery,  not  ex- 
ceeding the  sum  of  sixty  dollars,  for  any  general  or 
spegial  session,  to  each  member  ;  and  furtln'nnore  pro- 
vided, that  the  Speaker  of  the  Assembly,  and  Lieutenant 
Governor,  as  President  of  the  Senate,  shall  each,  dur- 
ing the  time  of  their  actual  attendance  as  such  presid- 
ing officers,  receive  an  additional  allowance  of  two 
dollars  per  diem. 

Mr.  JOHNSON.  I  regret  exceedingly  to  be 
compelled  to  disagree  with  my  colleague  ou 
this  or  any  other  proposition,  but,  in  this  in- 
stance, I  must  dissent  in  Mo  from  the  views  he 
has  expres.sed.  Whilst  we  had  this  matter  under 
consideration,  I  was  willing  to  as.sent  to  the 
sum  specified  in  the  section  as  just  read  by  way 
of  compromise,  but  at  the  same  time  my  indi- 
vidual opinion  was,  aud  is.  that  it  is  too  much. 
And  such  are  my  views  for  this,  if  no  other 
reason,  that  a  member  is  not  inhibited  from 
attending  to  his  ordinany  business.  The  term 
of  the  Legislature  is  limited  to  a  short  period, 
and,  as  I  have  stated,  there  is,  as  a  general  rule, 
nothing  to  prevent  the  members  from  attending 
to  and  transacting  their  ordinary  business. 
Tliere  may  be  some  cases,  it  is  true,  where  they 
will  be  inconvenienced  by  reason  of  distance, 
but  a  great  many,  and  probably  a  majority 
of  them,  can  give  some  attention  to  their  owu 
affairs  during  the  ses.sion. 

Again,  no  man  aspires  to  a  seat  in  the  Legis- 
lature solely  for  the  money  he  can  make  there, 
and  I  submit  tiiat  two.  three,  or  four  dollars  a 
day  will  not  make  any  perceptibh;  difference 
in  respect  to  the  class  of  m:'n  wiio  will  accept 
of  such  position.s.  I  hope  that  this  provision 
will  not  be  stricken  out. 

Mr.  DUNNE.  If  the  gentleman  will  permit 
me,  I  wish  to  say  that  tiie  Committee  on  Sched- 
ule have  appointed  a  meeting  at  a  quarter  to 
one  o'clock,  and  we  cannot  meet  at  that  time 
conveniently,  unless  we  take  our  recess  now. 
I  therefore  suggest,  as  it  is  the  usual  time  for 
the  recess,  that  the  committee  rise. 

Mr.  JOHNSON.  I  would  have  concluded  all 
I  had  to  say  in  a  moment.  Nevertheless,  I  will 
yii'ld  the  door. 

Mr.  DU.XNE.  I  move  that  the  committee 
risi;,  report  progress,  and  ask  leave  to  sit  again. 

The  ((uestion  was  taken,  and  the  motion  was 
agreed  to. 

i:^  convention. 

The  PRESIDENT  having  resumed  the  chair, 


The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Article  XI,  entitled  Salaries  and  Appropria- 
tions, had  made  some  progress  tlierein,  and  had 
instructed  him  to  ask  leave  to  sit  again. 

The  report  was  accepted,  and  leave  was 
granted  accordingly. 

The  hour  of  tw-lve  o'clock  having  arrived, 

The  PRESIDENT  declared  the  Convention 
at  recess  until  two  o'clock,  P.  M. 

AFTERNOON  SESSION. 

The  Convention  met  at  two  o'clock.  P.  M., 
and  was  called  to  order  by  the  President. 


Mr.  TAGLIABUE.  I  move  that  the  Conven- 
tion go  into  Committee  of  the  Whole  for  the 
further  consideration  of  Article  Xt,  entitled 
Salaries  and  Appropriations,  which  was  left  un- 
finished before  the  recess. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

COMMITrEE    OF   THE    WHOLE. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (Mr.  Banks  in  the 
chair,)  and  resumed  the  consideration  of  Article 
XI,  entitled  Salaries  and  Appropriations. 

PAY   OF  THE    LEGISLATURE. 

The  CHAIRMAN.  When  the  committee  rose 
this  forenoon,  the  following  clause  of  Section  1 
was  under  consideration  : 

"  The  pay  of  State  Senators  and  members  of  the  As- 
sembly shall  be  six  dollars  for  each  day  of  actual  ser- 
vice, aud  forty  cents  per  mile  for  mileage,  going  and 
returning." 

The  gentleman  from  Ormsby  (Mr.  Lockwood) 
had  moved  to  strike  out  the  entire  clause,  and 
the  question  now  is  upon  that  amendment. 

Mr.  JOHNSON.     If  the  question  is  simply  on 
striking  out  the  entire  clause,  I  would  prefer  not 
to  present  fully  my  views  until  that  question 
shall   be  disposed  of     However,  I  will  say,  on 
the  general  proposition,  that  I  think  the  amount 
mentioned  in  this  clause,  which  is  six  dollars 
per  day,  and  forty  cents  per  mile  for  mileage, 
is   amply   sufficient,  and  my  individual  judg- 
ment would  be  in  favor  of  fixing  the  compen- 
sation  at  even  a  less  sum,  although  I  voted 
for  this  proposition,  in  the  committee,  as  a  com- 
'  promise.     It  was  found,  upon   the  calculation 
'  which  we  made,  that  the  forty  cents  per  mile 
j  would  pay  tlie  actual  traveling  expenses  of  the 
memlicrs.  and  also  that  the  per  diem  of  six  dol- 
I  lars  would  suffice  for  their  legitimate  expenses 
I  during  the  ses.sion.     Therefore,  all  their  actual 
j  expenses,  both  in  attendance  at  the  capital,  and 
'  whilst  journeying  to  and  from  the  State  capi- 
I  tal,  would    be  paid  by   the  State,  and  in  my 
judgment  this  is  all  that  the  State  should  do. 
I    feel  conlident   tliat  an  increase  of  the  per 
diem  of  two  or  three  dollars,  above  the  sum 
here  specified,  would  not  result  in  securing  the 
attendance  and  services  of  a  better  class  of  men 


17th  day.] 


SALARIES. 


603 


Friday,] 


Warwick — Johnson — Kennedy — Lockwood — Wetherill. 


[July  22. 


in  the  Legislature — that  it  would  not  suffice  to 
induce  a  different  and  better  set  of  men  to 
accept  the  position.  On  the  other  hand,  it 
would,  in  the  aggregate,  materially  increase 
the  expenses  of  the  State  Government,  especially 
since  it  is  proposed  to  increase  considerally 
the  number  of  members  of  the  Legislature,  by 
changing  the  basis  of  representation.  At  a 
proper  time,  I  will  ask  to  be  heard  on  the  latter 
branch  of  the  subject. 

Mr.  WARWICK.  Is  it  not  proposed  to  de- 
crease the  representation? 

Mr.  JOHNSON.  No,  sir.  The  proposition 
now  is,  as  I  understand,  to  adopt  such  a  basis 
as  will  make  the  Legislature  consist  of  thirteen 
Senators  and  twenty-six  Assemblymen,  which 
will  be  an  aggregate  of  thirty-nine  members  of 
the  Legislature.  And  anticipating  that  action, 
although  perhaps  not  entirely  in  order,  I  may 
be  allowed  to  suggest,  that  especially  in  view 
of  such  proposed  increase,  it  is  the  better  policy 
to  fix  the  pay  of  the  members  of  the  Legislature 
at  a  moderate  rate.  I  am  strongly  impressed 
with  the  conviction  that  it  is  not  likely  to 
make  any  material  difference  as  to  the  Indi- 
viduals who  will  compose  the  Legislature,  and 
it  matters  not  whether  the  per  diem  shall  be 
six  or  eight  dollars,  as  a  general  rule,  the  same 
class  of  men  will  be  found  in  the  Legislature, 
at  each  succeeding  session. 

Mr.  WARWICK.  I  move  to  strike  out  this 
whole  clause,  and  so  leave  the  question  of  com- 
pensation entirely  with  the  Legislature. 

Mr.  KENNEDY.  If  you  strike  it  out  alto- 
gether, how  are  members  of  the  Legislature  to 
get  any  pay  at  all  ? 

The  SECRETARY.  At  the  time  the  com- 
mittee rose  this  forenoon,  the  question  pending 
was  on  the  motion  of  the  gentleman  from 
Ormsby,  (Mr.  Lockwood,)  to  amend  by  striking 
out  "six,"  and  inserting  '•eight,'"  as  the  per 
diem. 

Mr.  LOCKWOOD.  No,  sir.  I  made  that  mo- 
tion in  the  first  instance,  but  I  immediately 
modified  it  by  substituting  a  motion  to  strike 
out  the  entire  clause. 

Mr.  KENNEDY.  That  is  the  way  I  under- 
stood it.  But  I  ask  if  you  strike  It  out  alto- 
gether, how  will  you  provide  for  the  pay  of  the 
Legislature  at  all?  Because  we  have  already 
provided  in  the  Constitution  that  their  com- 
pensation shall  not  be  increased  during  their 
term  of  office. 

Mr.  WARWICK.  If  we  strike  out  this  whole 
matter,  then  there  is  no  compensation  fixed  for 
the  Legislature,  and  consequently  nothing  to 
be  increased.  To  increase  the  compensation 
signifies  to  start  at  a  fixed  sum,  and  make  that 
sum  larger.  It  presupposes  a  starting  point, 
and  therefore  it  is  evident  that  there  can  be  no 
increase  unless  there  is  a  fixed  sum  to  start  with. 
It  will  not  be  an  increase,  but  a  creation,  if  I 
understand  correctly  the  signifioation  of  those 
words  of  our  language.  Therefore  I  maintain 
that  if  we  provide  no  basis  to  start  upon,  the 
Legislature  will  be  at  liberty  to  establish  its 


own  compensation, without  any  violation  of  the 
Constitution.  The  idea  of  increasing  from 
nothing  would  be  an  a))surdlty,  but  the  com- 
pensation which  the  Legislature  shall  fix  will  be 
a  primitive  creation. 

Mr.  LOCKWOOD.  I  may  be  wrong,  and  I 
confess  that  I  have  heard  arguments  which 
weaken  my  position  somewhat  even  in  my  own 
mind,  but  my  Idea  was  this,  that  inasmuch  as 
we  propose  to  leave  to  every  Legislature  the 
question  of  what  shall  be  the  compensation  of 
the  succeeding  Legislature,  inasmuch  as  we 
have  adopted  the  provisions  contained  in  Sec- 
tion 34  of  Article  IV,  (or  Section  33,  as  it  is 
now  numbered,)  leaving  the  whole  matter  of 
compensation  entirely  to  the  Legislature,  it 
seemed  to  me  to  be  perfectly  competent  and 
proper  for  the  first  Legislature  to  decide  what 
the  pay  of  its  own  members  shall  be.  The  in- 
hibition in  regard  to  an  increase,  as  the  gentle- 
man from  Lander  (Mr.  Warwick)  argues,  can 
only  apply  after  the  compensation  has  once 
been  fixed,  because  there  can  be  no  increase  un- 
til there  is  something  to  increase.  Now  the 
members  of  the  Territorial  Legislature  received 
a  compensation  of  only  three  dollars  a  day,  in 
greenbacks,  but  they  passed  a  law  creating  for 
themselves  an  extra  compensation  of  seven  dol- 
lars per  day,  payable  out  of  the  Territorial 
Treasury.  And  I  will  say  that  in  my  opinion 
that  was  no  more  than  just  and  proper,  for  the 
Territory  is  able  and  willing  to  pay  the  men 
whom  it  employs.  It  appears  to  me,  therefore, 
that  an  appropriation  made  by  the  first  Legis- 
lature for  the  payment  of  the  per  diem  of  its 
members  would  be  legal,  if  we  strike  out  this 
clause  entirely,  leaving  no  provision  on  the 
subject  in  our  Constitution. 

Mr.  JOHNSON.  But  is  there  not  a  Consti- 
tutional inhibition  remaining? 

Mr.  LOCKWOOD.  Not  as  I  understand  it. 
I  really  do  not  think  there  is,  if  we  strike  this 
out. 

Mr.  WETHERILL.  I  think  we  had  better 
fix  it  for  the  first  year,  and  leave  it  for  the  Leg- 
islature to  regulate  afterwards.  It  is  not  neces- 
sary to  fix  a  "speculative  price,"  but  let  us  put 
the  compensation  at  a  figure  which  will  be  large 
enough  to  pay  the  necessary  expenses  of  the 
members,  and  nothing  beyond  that.  I  thiuk  six 
dollars  a  day  Is  ample. 

Mr.  WARWICK.  I  will  speak  as  briefly  as 
possible  on  this  subject.  The  proposition  is 
made  to  pay  the  members  of  the  Legislature 
six  dollars  a  day,  and  now  let  us  look  at  that 
proposition  in  a  business  light.  It  is  proposed 
that  the  payment  shall  be  made  in  cash,  but  we 
all  know  that,  as  the  Scottish  poet  says — 

"  The  best  laid  schemes  o'  mice  and  men 
Gang  aft  agley." 
Therefore,  such  a  thing  may  possibly  come  to 
pass  as  the  payment  of  the  members  of  the  Leg- 
islature in  State  scrip,  and  that  may  chance  to 
be  worth,  like  our  Territorial  scrip,  somewhere 
from  forty  to  fifty,  and  by  rare  good  fortune 
even  as  much  as  sixty  cents  on  the  dollar.   That 


604 


SALARIES. 


[17th  da)^ 


Friday,] 


Warwick — Wetherill — Lockwood — Crosxian — Johnson. 


[July  22. 


would  make  the  pay  of  the  members  in  the 
neighljorhood  of  tliree  dollars  a  day.  And  yet 
the  <rtMitU'maii  from  Ormsby  (Mr.  Johnson)  tells 
us  that  there  is  ample  provision  in  this  per  diem 
for  the  payment  of  the  expenses  of  members  at 
the  seat  of  government.  Now  let  us  examine 
this  question  of  mileage.  A  member  from  Lan- 
der County  has  to  pay  thirty-two  or  thirty-three 
cents  per  mile,  in  coming  to  the  capital,  and 
has  to  pay  it,  too.  in  gold  coin,  while  you  only 
propose  to  repay  him  in  this  di^preciated  scrip, 
so  that  he  is  compidled  to  make  up  a  wide  dif- 
ference out  of  his  per  diem.  I  think  it  is  the 
poorest  kind  of  policy  to  refuse  to  pay  your 
legislators  a  reasonable  compensation,  at  least 
as  much  as  you  would  a  respectable  bar-keeper, 
a  brick- layer,  or  a  hod-carrier.  That  is  not  the 
way  to  keep  men  honest.  The  people  every- 
where raise  their  voices  against  stealing  and 
corruption  in  the  Legislature.  I  never  saw 
anything  of  it  myself,  when  I  was  a  member, 
although  I  did  hear  a  great  deal  of  it  outside, 
and  I  think  our  Chairman  will  bear  me  out  in 
saying  that  while  he  was  a  member  of  the  Cali- 
fornia Legislature  not  a  dollar  went  into  his 
pocket,  at  all  events,  except  his  per  diem  and 
mileage. 

The  CHAIRMAN.  What  is  the  gentleman's 
inquiry  ?  Whether  I  believed  the  statements,  or 
accusations,  as  to  corruption  ? 

Mr.  WARWICK.  Well,  to  bring  it  directly 
to  a  point.  I  will  ask  the  Chairman  if.  while  he 
was  a  member,  he  ever  saw  anything  of  this 
stealing  and  corruption?  I  know  he  did  not. 
These  things  are  talked  about  merely  for  bun- 
combe, and  not  expected  to  be  believed  by 
sensible,  well  informed  men.  But  the  members 
of  the  Legislature  should  be  well  paid  for  their 
services,  and  for  my  part  I  do  not  thiuk  ten 
dollars  a  day  would  be  too  much. 

Mr.  WETHERILL,  That  would  make  a  dif- 
ference of  somewhere  about  ten  thousand  dol- 
lars in  the  aggregate  expenses  of  the  State 
Government,  Now,  before  men  are  elected  to 
come  here  as  members  of  the  Legislature,  they 
know  what  they  are  to  receive,  and  when  they 
consent  to  come  they  make  a  contract  with  the 
people  to  serve  for  so  much  compensation.  I 
say,  let  them  carry  out  that  contract, 

Mr.  LOCKWOOD.  I  would  like  to  ask  the 
gentleman  from  Esmeralda,  (Mr.  Wetherill.) 
whether  he  would  be  willing  to  support  a  prop- 
osition to  fix  the  per  diem  at  two  dollars  and  a 
half?  Now,  Mr.  Chairman,  1  did  not  occupy 
my  full  time  of  live  minutes  wlien  I  previously 
had  the  iiuor,  and  I  would  like  to  say  a  word  or 
two  further  on  this  sulyect.  There  is  no  State 
in  the  Union  but  pays  to  the  meml)ers  of  its 
Legislature  a  larger  per  diem  thau  tliey  would 
be  able  to  earn  by  their  lal)or  as  common  me- 
chanics. That  fact  cannot  be  denied.  And, 
sir,  there  is  a  just  medium  in  this  matter.  Any 
mau  who  ever  transacted  business,  or  who  was 
ever  connected  with  a  mercantile  iirm,  for  any 
considerable  length  of  time,  will  tell  you,  as 
one  of  the  results  of  his  observation  and  ex- 


perience, that  he  may  just  as  well,  if  not  better, 
pay  his  employes  a  sufficient  amount  to  enable 
tiiem  to  make  a  living,  because,  if  he  does  not, 
they  will  steal  the  balance  any  way.  I  believe 
tliat  a  sufficient  compensation  is  an  incentive  to 
probity,  and  therefore  the  best  policy  is  to  pay 
our  legislators  a  reasonable  sum  for  their  ser- 
vices. I  do  not  wish  to  fix  the  amount  at  an 
exorbitant  figure,  but  I  honestly  believe  that 
ten  dollars  a  day  would  not  be  too  much,  A 
member  coming  here  from  Lander  County,  for 
instance,  or  any  other  distant  part  of  the  .State, 
is  obliged  to  quit  all  liis  business  for  the  whole 
session.  If  the  office  was  one  which  was  to  last 
for  a  year,  or  for  such  length  of  time  as  would 
justify  a  man  in  fitting  up  a  home  at  the  capital, 
so  that  he  might  live  here  at  a  reasonable  ex- 
pense, it  would  be  a  ditt'erent  matter,  and  I 
would  not  ol)ject  to  fixing  a  lower  rale  of  com- 
pensation. But  the  position  of  members  of  the 
Legislature  does  not  permit  of  any  such  thing. 
I  believe  in  allowing  our  law-makers  to  live 
here  in  a  respectable  way.  enjoying  respectable 
accommodations ;  and  although  the  difference 
of  ten  or  twelve  thousand  dollars  for  the  ses- 
sion may  seem  to  gentlemen  a  big  bill,  yet,  in 
my  opinion,  there  is  scarcely  a  man  in  the  State 
but  would  be  willing  to  pay  twenty-five  cents 
out  of  his  own  pocket,  if  necessary,  for  the 
sake  of  having  our  Stale  Legislature,  for  ex- 
ample, a  tolerably  well  dressed  body. 

The  question  was  taken  upon  the  amendment 
to  strike  out  the  entire  clause,  and  on  a  division 
the  vote  was — ayes,  6  ;  noes,  11,  So  the  amend- 
ment was  not  agreed  to. 

Mr.  CROSMAN.  I  move  to  amend  by  striking 
out  the  word  "  six,"  and  inserting  "  eight ;  '  so 
as  to  fix  the  per  diem  of  the  first  Legislature  at 
eight  dollars. 

It  has  been  urged  upon  this  floor,  in  reference 
to  the  salaries  of  Supreme  Court  Judges,  that 
they  may  not  be  paid  in  cash ;  aud,  on  the  other 
hand,  as  I  am  aware,  it  has  also  been  stated 
that  provision  will  be  made  for  paying  all  these 
expenditures  in  money,  as  they  become  due. 
That,  however,  in  my  opinion,  is  a  matter  of 
very  great  doubt.  And  again,  as  has  been  re- 
marked by  my  friend  from  Ormsby,  (Mr.  Lock- 
wood,)  the  pay  of  members  should  not  be  less 
than  that  of  mechanics  ;  at  least  it  has  always 
been  the  custom  in  all  States  of  which  I  have 
any  knowledge,  to  pay  members  of  the  Legisla- 
ture as  much  compensation  as  is  obtained  by 
good  mechanics,  I  contend,  therefore,  that 
eight  dollars  a  day  is  not  too  largo  a  sum.  At 
the  same  time,  I  wish  to  be  understood  as  favor- 
ing an  economical  form  of  government,  1  con- 
sider that  a  per  diem  of  eight  dollars  would  be 
in  harmony  with  an  economical  scale  of  expen- 
diture, and  I  therefore  hope  that  the  sense  of 
the  committee  will  be  to  allow  that  moderate 
sum, 

Mr.  JOHNSON,  Now,  sir,  in  regard  to  this 
amendment,  and  the  arguments  adduced  in  its 
favor,  I  have  to  say  this,  that  if  you  want  to 
pay  your  State  officers  and  your  members  of  the 


17th  day.] 


SALARIES. 


605 


Friday,] 


Warwick — Johnson. 


[July  22. 


Legislature  in  cash,  the  way  to  accomplish  that 
object  is  not  by  providing;  for  extravagant  sal- 
aries, and  over-liberal  compensation,  but  l>y 
making  your  government  an  economical  one 
throughout. 

Tnis  morning  I  opposed  amendments  which  I 
thought  were  of  an  extreme  character,  reducing 
the  salaries  of  officers  in  the  executive  depart- 
ment to  so  low  a  rate  that,  in  my  judgment, 
they  would  not  be  able  to  support  themselves 
upon  such  salaries,  in  a  manner  befitting  their 
positions.  But  iu  this  case,  the  compensation 
is  to  be  paid  for  merely  temporary  services — 
ninety  days  for  the  first  session  of  the  Legisla- 
ture, and  thereafter  sixty  days,  and  for  any 
called  session,  only  twenty  da^s.  For  such  lim- 
ited service  we  propose  to  give  the  members  of 
the  Legislature  a  per  diem  of  six  dollars,  as 
compensation  for  expenses  whilst  they  are  at 
the  capital,  and  to  allow  them,  besides,  their 
mileage  of  forty  cents  per  mile,  to  pay  their 
expenses  in  coming  to  and  going  from  the  capi- 
tal. I  conceive  that  amount  to  be  sufficient  to 
pay  the  expenses  of  any  gentleman  who  is  fitted 
for  the  duties  of  a  legishitor,  because  those  who 
riui  into  extravagancies  that  enhance  the  bills 
they  are  called  upon  to  meet,  those  who  incur 
the  amonnt  and  ciiaracter  of  indebtedness  which 
memljers  of  the  Legislature  sometimes  contract 
at  the  seat  of  government,  are  not  likely  to  be 
the  more  valuable  class  of  legislators,  and  I  do 
not  think  that  such  extravagant  habits  mark 
them  as  being  preeminently  fitted  for  legisla- 
tive position.  We  propose  to  give  them  an 
amount,  iu  cash,  sufficient  to  pay  all  their 
necessary  expenses,  and  the  way  to  secure  the 
payment  of  such  amount  in  cash,  instead  of 
scrip,  is  to  economize  in  all  respects,  and  in 
every  case  where  it  can  properly  be  done,  whilst 
at  the  same  time  taking  care  to  avoid  the 
other  extreme,  in  the  matter  of  reducing  the 
salaries  of  those  officers  who  occupy  the  more 
responsible  positions.  By  this  means  we  shall 
be  able  to  give  better  security  to  those  who 
may  be  candidates  for  official  positions,  that 
if  elected  they  will  re(7eive  the  pay  for  their 
services  iu  cash.  The  extra  expenditure  of  ten 
thousand  dollars  here,  ten  thousand  there,  and 
ten  thousand  in  another  place,  will  augment  to 
that  extent  the  aggregate  expense  of  our  State 
Government. 

Some  questions  will  arise  involving  expendi- 
tures, which  I  regard  as  being  of  much  more 
vital  moment  than  this  of  the  pay  of  the  Legis- 
lature, and  in  the  consideration  of  which  I 
probably  will  be  found  differing  with  some 
members  of  the  Convention — I  hope  not  with  a 
majority — in  reference  not  only  to  the  pay  of 
State  officers,  but  also  the  number  of  them  to  be 
provided  for.  Those  matters,  however,  are  not 
now  before  us.  When  the  proper  time  arrives, 
I  trust  I  shall  have  an  opportunity  afl'orded  to 
give  my  opinions  upon  such  matters.  The  prop- 
osition uuder  consideration  is,  whether  or  not 
we  shall  fix  upon  six  dollars  as  being,  in  our 
judgment,  a  sufficient   amount   to  defray  the 


necessary  daily  expenses  of  a  member  of  the 
Legislature.  And  when  we  do  that,  I  contend 
that  we  have  made  sufficient  provision,  and 
that  an  advance  from  six  to  eight  dollars  would 
not  make  any  possible  difi'erence  as  to  who  shall 
be  members  of  the  Legislature.  The  gentle- 
man from  Lander  (Mr.  Warwick)  is  well  aware 
that  the  Legislature  will  be  made  up  of  the 
same  class  of  men  in  either  case,  and  that  gen- 
tleman may  himself  very  likely,  have  legisla- 
tive aspirations,  as  I  know  he  has  had  heretofore. 

Mr.  WARWICK.  The  gentleman  has  been 
radically  cured,  1  will  remark. 

Mr.  JOHNSON.  Possibly  he  may  want  to  try 
it  again.  And  let  me  add,  without  intending  it 
merely  as  a  compliment,  that  I  know  no  man 
better  able  to  represent  his  county  efficiently 
and  creditably.  But  be  that  as  it  may,  if  the 
gentleman  shall  be  desirous  of  making  some 
friend  of  his  United  States  Senator,  six  dollars 
a  day  would  secure  his  services  in  the  Legisla- 
ture just  as  readily  as  any  other  sum.  So  it 
would  be  with  my  honorable  friend  the  Chair- 
man, (Mr.  Banks)  ;  I  am  confident  it  would 
make  nodittereuce  with  him  ;  nor  would  it  with 
my  friend  and  colleague  from  Ormsby,  (Mr. 
Lockwood),  who  has  been  a  most  faithful  repre- 
sentative of  our  county  in  this  Convention.  It 
will  make  no  possible  difierence  with  him,  nor  I 
venture  to  say  with  any  other  member  of  the 
Convention.  And,  to  take  a  more  extensive 
view,  throughout  the  entire  State  it  would  be 
found  that  the  same  individuals  would  be  here 
as  representatives,  be  the  per  diem  six  dollars 
or  eight  dollars.  Therelore,  inasmuch  as  the 
smaller  sum  will  save  a  very  considerable  ag- 
gregate amount  to  the  State,  I  am  opposed  to 
the  increase  suggested. 

Mr.  WARWICK.  I  wish  to  call  attention  to 
one  fallacy  in  the  argument  of  the  gentleman 
from  Ormsby,  (Mr.  Johnson),  who  has  just  taken 
his  seat,  and  that  is  in  relation  to  his  assertion 
that  it  will  make  no  ditt'erence  in  the  individuals 
composing  the  Legislature,  whether  the  per 
diem  shall  be  six  dollars  or  eight  dollars.  If 
that  will  make  no  difierence,  then  of  course,  by 
the  same  reasoning,  it  makes  no  difierence 
whether  it  be  four  dollars  a  day  or  six  dollars, 
and  carrying  it  still  further  we  might  cut  the 
per  diem  down  to  two  dollars,  or  one  dollar, 
and  still  it  makes  no  difierence.  There  was 
another  argument  which  I  am  sure  the  gentle- 
man would  not  have  advanced  if  he  had  reflect- 
ed upon  it  a  moment,  namely,  that  the  job  is  a 
short  one,  and  therefore  the  compensation  may 
be  small.  Sir,  we  all  know  that  short  jobs  are 
invariably  better  paid  for  than  long  ones. 

Now,  sir,  the  gentleman  from  Ormsby  must 
be  well  aware  that  there  is  a  very  wide  difier- 
ence of  situation  between  the  man  whu  comes 
here  as  a  member  from  Lander  County,  and  the 
man  who  lives  right  at  the  capital,  representing 
a  constituency  in  this  immediate  vicinity.  The 
former  must  leave  his  business  entirely,  for  the 
whole  session,  whilst  the  latter,  supposing  him 
to  be  a  member  of  the  legal  profession,  may  at 


600 


SALARIES. 


[17th  day. 


Friday,]  Crosman— Johnson— Sturtevaxt—Wetherill—Nolrse—Frizell—Murdock.  [July  22. 


any  moment  step  out  of  the  chamber  in  which 
he  hold?  his  seat,  and  return,  inside  of  an  hour, 
perhaps,  with  a  consultion  fee  of  forty  or  fifty 
dollars  in  his  pocket.  Some  gentlemen  have 
done  that,  during  the  session  of  this  Conven- 
tion, but  it  is  a  thing  which  could  not  possibly 
occur  with  us  poor  wretches  who  come  from  a 
distance.  [Merriment.]  From  our  great  desire 
to  serve  the  State  we  have  been  obliged  to  neg- 
lect our  own  affairs,  and  coQScquently  we  have 
turned  off  all  our  clients,  and  h-ft  our  busi- 
ness entirely  uncared  for,  for  a  period  of  two 
months. 

In  addition  to  that,  gentlemen  will  recollect 
the  price  of  wages  in  our  county.  A  good 
competent  miner  often  gets  paid  there  si.x  or 
seven  dollars  a  day,  and  a  respectable  black- 
smith or  carpenter  receives  eight  dollars  a  day. 
Now  I  contend  that  the  labor  of  a  law-maker 
is  equal  in  value,  at  least,  to  that  of  a  mechanic, 
and  therefore  he  should  receive  as  much  pay 
for  his  labor.  We  meet  here  at  an  early  hour 
in  the  morning,  and  remain  in  session  until  nine 
or  ten  o'clock  at  night,  either  in  the  Convention 
or  in  some  of  the  various  committees.  I  cer- 
tainly hope  we  shall  tix  the  compensation  of 
members  of  the  Legislature,  who  will  have  to 
perform  similar  labors,  at  a  sum  at  which  men 
can  live,  though  I  have  no  legislative  aspira- 
tions myself. 

Mr.  CROSMAN.  A  good  deal  has  been  said 
here  about  the  Legislature  getting  paid  in 
cash,  l)ut  how  is  that  to  be  accomplished?  The 
first  Legist  iture  will  have  to  provide  the  means 
for  obtaining  the  cash,  and  when  that  money 
comes,  members  will  get  it.  but  that  will  be  a 
long  time  to  wait,  I  apprehend. 

Mr.  J<  iIlXS(  )N.    Such  is  my  opinion  also. 

Mr.  CliUSMAN.  1  cannot  see  any  good  rea- 
son for  putting  the  per  diem  down  to  six  dol- 
lars. The  gentleman  from  Ormsby,  (Mr.  John- 
son), urged  the  importance  of  paying  the  State 
oflBcers,  each,  a  salary  of  three  thousand  six 
hundred  dollars  a  year,  which  amounts  to  a 
good  deal  more  than  eight  dollars  a  day,  and  1 
maintain  that  a  gentleman  who  is  properly 
qualitied  to  be  a  member  of  the  Legislature 
pos.sesses  all  the  qualifcations  necessary  for  a 
State  Controller,  or  for  almost  any  other  State 
officer. 

Mr.  JOHNSON.  I  very  much  question  your 
proposition. 

Mr.  CROSMAN.  Hence,  I  cannot  see  the 
propriety  ol'  reducing  the  pay  of  members  of 
the  Legislature  to  a  figure  that  will  no  more 
than  cover  their  expenses.  If  we  expect  to  get 
men  to  serve  for  no  more  reward  than  the  honor 
of  it,  then  why  not  adopt  the  same  policy  in 
regard  to  the  State  officers?  I  was  of  opinion 
at  first  that  six  dollars  would  bo  enough  to  pay 
expenses,  but  gentlemen  from  the  remote  dis- 
tricts will  require  more,  even  for  that.  The 
honor  may  be  well  enough,  l)ut  it  will  not  pay 
traveling  expenses  nor  board  bills.  Those 
whose  homes  are  near  the  ca|)ital  can  go  out 
and  come  in  whenever  they  please,  but  members 


from  the  remote  districts  cannot  have  that  privi- 
lege except  at  greater  expense. 

Mr.  STURTEVANT.  My  calculation  is,  that 
we  ought  to  give  each  member  euout;h  to  pay 
his  expenses— and  his  board  bill  alone  will 
amount  to  about  forty  dollars  a  week,  if  he 
brings  his  wife  with  him — and  then  leave  him  a 
little  something  over  for  contingencies.  1  want 
the  members  to  be  paid  enough,  so  that  they 
can  come  out  even  at  the  end,  if  they  are  pru- 
dent, and  that  will  require  as  much  as  eight 
dollars  a  day. 

Mr.  WETHERILL.  Members'  wives  do  not 
constitute  necessary  appendages  to  legislation, 
and  consequently  it  is  not  requisite  that  a  mem- 
ber should  bring  his  wife  with  him,  if  he  has 
one. 

Mr.  NOURSE.    It  is  cheaper.    [Laughter.] 

Mr.  WETHERILL.  I  hope  we  shall  not  raise 
the  per  diem  above  six  dollars.  The  benefit  to 
accrue  would  not  be  equal  to  the  increased 
amount  of  expense,  which  the  State  would  have 
to  pay.  If  we  want  to  go  on  with  our  State 
Government  under  an  economical  system,  for 
heaven's  sake  do  not  let  us  begin  by  increasing 
the  legislative  per  diem  to  eight  dollars. 

Mr.  FRIZELL.  If  I  thought  the  compensa- 
tion of  Senators  and  Representatives  would  be 
paid  in  cash  I  should  vote  for  six  dollars,  but 
inasmuch  as  there  are  doubts  and  shadows  rest- 
ing upon  that  question  1  think  I  will  vote  for 
eight  dollars.  The  increase  of  expense  would 
be,  going  upon  the  supposition  that  there  are  to 
be  fifty-two  members  of  the  Legislature,  one 
hundred  and  four  dollars  multiplied  by  sixty, 
which  makes  six  thousand  two  hundred  and 
forty  dollars.  That  is  not  a  very  alarming 
amount. 

Mr.  WETHERILL.  But  the  session  is  to  con- 
tinue ninety  days. 

Mr.  FRIZELL.  That  is  only  the  first  ses- 
sion. As  to  the  argument  of  the  gentleman 
from  Ormsby,  (Mr.  Johnson),  in  most  cases, 
there  is  no  man  whose  leadership  I  would  be 
more  willing  to  follow. 

Mr.  JOHNSON.  I  am  fearful  that  the  gen- 
tleman would  not  regard  me  as  being  sound  on 
some  important  questions. 

Mr.  FRIZELL.  I  say  there  is  no  man  I  would 
generally  prefer  to  follow,  but  I  must  say,  judg- 
ing of  his  views  from  private  conversations, 
that  I  really  do  not  think  I  should  be  doing 
right  to  follow  him  in  this  instance,  because  I 
understand  he  is  rather  down  on  legislators.  I 
shall  vote  for  eight  dollars.  ["  Question,  ques- 
tion."'] 

Mr.  JOHNSON.  I  desire  that  this  amend- 
ment shall  be  made  to  harmonize  with  some  of 
the  electiou  stories  we  have  heard,  in  past 
years,  and  therefore  I  move  that  we  make  it 
read  "eight  dollars  a  day  and  roast  beef." 
[Laughter.] 

Mr.  MURDOCK.  I  see  that  the  Committee  is 
getting  impatient,  but  I  will  not  speak  five 
minutes  on  this  suliject.  I  was  one  of  the  Com- 
mittee  that   recommended  the   filling   of   the 


17th  day.] 


SALARIES. 


607 


Friday,]         Johnson— Murdock — Brosnan — Hovey — Chapin — Warwick— Gibson.        [July  22. 


blank  with  six  dollars  a  day,  and  I  agreed  to 
that,  like  my  friend  from  Ormsby  (Mr.  John- 
son), with  reluctance. 

Mr.  JOHNSON.  In  the  Committee  I  was  in 
favor  of  making  it  five  dollars  a  day. 

Mr.  MURDOCK.  That  is  correct  :  but  as  a 
compromise  we  agreed  to  take  six  dollars.  I 
was  also  opposed  to  paying  six  dollars  a  day, 
but  perhaps  for  somewhat  different  reasons.  I 
know  very  well  that  situated  as  we  are  in  the 
far  off  counties,  we  have  no  lawyers  thirsting 
for  honors,  whom  we  could  send  to  the  Legis- 
lature cheap,  and  be  glad,  may  be,  to  get  them 
out  of  the  way — [merriment] — and  so  we  shall 
have  to  take  the  best  men  we  have  got,  and 
they  will  be  mechanics  who  are  worth  eight 
dollars  a  day.  Now  since  we  must  select  those 
men  whom  we  think  to  be  worthy,  having  no 
lawyers  to  send  for  the  honor  of  it,  I  believe 
we  should  pay  them  such  wages  as  they  them- 
selves think  they  are  worthy  of,  and  are  able  to 
earn  every  day  at  home.  Consequently  I  shall 
vote  for  eight  dollars.  I 

The  question  was  taken  on  the  amendment  to 
strike  out  the  word  ••  six  "  and  Insert  ••  eight,""  i 
and  upon  a  division   the  vote  was — ayes,  14 ; ' 
noes.  G.     So  the  ameudment  was  agreed  to.        j 

Mr.  .JOHNSON.  Did  the  Chair  rule  roast 
beef  out  of  order  ? 

The  CHAIRMAN.     The  Chair  did. 

Mr.  JOHNSON.  I  did  not  hear  It  or  I  would 
surely  have  appealed.     [Merriment.] 

Mr.  PROCTOR.  Now  I  move  the  adoption, 
of  the  section  as  it  stands. 

The  CHAIRMAN.  That  is  the  question  be- 
fore the  Committee. 

Mr.  BROSNAN.  I  have  an  amendment  to  i 
offer  to  the  clause  relating  to  mileage.  It  Is  to 
insert  after  the  word  '"going  '"  the  word  "  to,"  j 
and  after  the  word  "  returning  '"  to  Insert  •'  from 
the  place  of  holding  the  session."  Then  the ! 
clause  will  read  :  j 

"  And  forty  cents  per  mile,  for  mileage,  going  to  and  j 
returning  from  the  jjlace  of  holding  the  session." 

Mr.  JOHNSON.  I  think  it  is  imperfect  in] 
this,  that  it  does  not  provide  specifically  for 
paying  the  members  elected  at  the  first  session. 
The  general  frame  work  of  our  Constitution 
contemplates,  as  provided  in  the  article  on  the 
Legislative  Department,  that  the  compensation 
of  members  of  the  Legislature  shall  be  estab- 
lished by  law,  and  this  is  intended,  therefore, 
to  applv  only  to  the  first  Legislature. 

Mr.  BROSNAN.  That  Is  provided  for  in  the 
previous  part  of  the  section.  I  will  modify  my 
amendment,  however,  so  that  the  clause  will 
read  : 

"  And  forty  cents  per  mile  for  mileage,  going  to  and 
returning  from  the  place  of  meeting." 

The  question  was  taken  and  the  amendment 
was  agreed  to. 

FEES    AND    PERQUISITES. 

The  SECRETARY  read  the  next,  and  con- 
cluding clause  of  the  section,  as  follows: 


"  No  officer  mentioned  in  this  section  shall  receive 
any  fees  or  i>erquisites  to  his  own  use  for  the  perform- 
ance of  any  duty  connected  with  his  office,  or  for  the 
performance  of  any  additional  duty  imposed  upon  him 
by  law." 

Mr.  HOYEY.  I  think  that  will  cut  off  the 
allowance  of  sixty  dollars  to  each  member  for 
stationery,  and  so  forth,  j^rovlded  for  in  the  ar- 
ticle on  Legislative  Department. 

The  question  was  taken  on  the  adoption  of 
the  clause  as  read,  and  It  was  agreed  to. 

The  question  was  then  taken  on  the  adoption 
of  the  entire  section  as  amended,  and  it  was 
adopted. 

Mr.  CHAPIN.  I  move  that  the  committee 
rise,  and  report  Article  XI  back  to  the  Con- 
vention, and  recommend  its  passage  as  amended 
by  the  Committee  of  the  Whole. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

IX    CONVENTION SALARIES. 

The  PRESIDENT  having  resumed  the  Chair, 

The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Article  XI,  entitled  Salaries  and  Appropria- 
tions, had  made  some  amendments  thereto,  in 
which  he  was  instructed  to  ask  the  concurrence 
of  the  Convention,  and  recommended  the  pas- 
sage of  the  article  with  such  amendments. 

The  report  was  accepted,  and  the  Committee 
of  the  Whole  discharged  from  the  further  con- 
sideration of  the  article. 

Mr.  WARWICK.  I  move  the  adoption  of  the 
report. 

The  PRESIDENT.  The  question  Is  on  agree- 
ing to  the  several  amendments  reported  by  the 
committee. 

CONTINGENT   EXPENSES   OF   THE   LEGISLATURE. 

1  Mr.  CHAPIN.  I  would  like  to  inquire 
I  whether  the  last  clause  of  the  section  really 
!  does  cut  off  the  sixty  dollars  allowed  to  each 
!  member  of  the  Legislature  for  certain  contin- 
I  gent  expenses?  It  occurs  to  me  that  it  will 
have  that  effect,  and  yet  I  am  sure  that  cannot 
I  be  the  intention. 

j      The  PRESIDEN  T.     I  heard  the  same  inquiry 
'  made.  I  believe,  in  the  Committee  of  the  Whole. 
I  do  not  think  that  would  be  the  effect. 
I      Mr.  GIBSON.    They  are  to  receive  two  dollars 
a  day  extra.  If  we  adopt  the  amendment  raising 
j  the  per  diem  from  six   to  eight  dollars.     That 
I  will  give  them  one  hundred  and  eighty  dollars 
'  for  the  session.  Instead  of  the  sixty. 
I      Mr.  BROSNAN.     I  so  understand  It.     I  am 
disposed  to  think  that  section  33  of  Article  IV, 
as  already  passed,  is  so  worded  as  to  j^rovlde 
I  for   the   allowance    of   sixty   dollars   to   each 
member. 

The  PRESIDENT.  The  question  will  be  on 
agreeing  to  the  several  amendments  reported, 
and  whenever  that  portion  of  the  report  is 
reached,  it  will  be  competent  for  gentlemen  to 
offer  such  amendments  as  they  may  deem  neces- 
sary. 


608 


MISCELLANEOUS   PROVLSIONS. 


[17th  day. 


Friday.]        Gibson— Hawley—Hovey— Kennedy— Chapin— Warwick— Joiixsox.         [July  22 


PAY   OF  THE   LEGISLATURE. 

The  question  was  stated  oq  the  amendment 
proposed  by  the  Committee  of  the  Whole,  to 
strike  out.  ia  the  clause  relative  to  the  per  diem 
of  members  of  the  Legislature,  the  word  "six." 
and  insert  ••  eight."  so  that  the  clause  would 
read  as  follows : 

"The  pay  of  State  Senators  autl  members  of  the 
Assembly  shall  be  eight  dollars  per  day  for  each  day  of 
actual  service,"  etc. 

Mr.  BANKS.  I  call  for  the  yeas  and  nays  on 
that  proposition. 

The  question  was  taken  by  yeas  and  nays,  and 
the  vote  was— yeas,  17  ;  nays.  7 — as  follows  : 

jVas— Messrs.  Banks,  Chapin.  Collins,  Crawford, 
Crosmau,  Dunne,  Frizell,  Hawley,  Hovey,  Lockwood, 
Wasou.  JIurdock,  Nourse,  Proctor,  Sturtevaut,  Taglia- 
bue,  and  Warwick — 17. 

^Vrtys— Messrs.  Belden,  Brady,  Brosnan,  Gibson,  Ken- 
nedy, Wetherill,  and  Mr.  President— 7. 

So  the  amendment  was  agreed  to. 

The  next  anu'iidment  was  to  insert  the  word 
"to."  and  add  the  words  "  from  the  place  of 
meeting,"  to  the  clause  relating  to  mileage,  so 
as  to  read : 

"  And  forty  cents  per  mile  for  mileage,  going  to  and 
returning  from  the  place  of  meeting." 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

THE    TKEASURY    FUXDS. 

Mr.  GIBSON.  There  is  still  another  amend- 
ment, to  insert  the  words  "  out  of  the  State 
Treasury." 

-Mr.  HAWLEY.  I  wish  to  propose  an  amend- 
ment to  tiie  ctt'ect  that  the  payments  of  tbe 
salaries  of  the  ot^Iiccrs  mentiout  d  shall  be  made 
out  of  tlie  general  fund  of  the  Slate  Treasury. 
Everybody  knows,  who  is  iamiliar  with  the  his- 
tory of  California,  that  great  abu-si'S  have  been 
practiced  there  by  borrowing  money  from  dif- 
ferent funds.  The  idea  has  occurred  to  my 
mind  at  this  moment,  and  I  hope  the  matter 
will  be  put  into  practical  sluip.i  by  -some  mem- 
ber who  is  more  familiar  with  the  requirements 
of  the  various  funds  than  1  am. 

The  riUvSlDENT.  It  is  competent  for  the 
Legi.slature  to  regulate  the  several  funds.  The 
Legislature  can  indicate  what  shall  be  the  gen- 
eral fund,  and  although  such  a  fund  may  be 
created,  yet  there  may  be  nn  money  in  it. 

.Mr.  IIAWLEV.  My  experience  in  those  mat- 
ters is  not  as  extensive  as  that  of  our  President. 
Il  occurred  to  me  that  it  would  be  prudent  to 
make  some  restriction  on  the  subject,  but  I  will 
not  (jll'er  an  amendment. 

The  amendment  to  in.sert  the  words  "out  ol 
the  State  Treasury."  was  agreed  to. 

Mr.  IKjV'KV.  There  is  another  amendment, 
whicii  appears  to  have  lieen  overlooked,  which 
is  to  strike  out  the  words  "  not  exceed  "  where- 
cver  they  occur  in  the  section,  and  insert  the 
word  "  be.'' 

Tlie  question  was  taken  on  the  amendment 
referred  to  Ijy  Mr.  Hovey,  and  it  was  agreed  to. 

Mr.  KENNEDV.     If   there   are   no   further 


amendments,  I  move  that  the  section  as  amend- 
ed be  adopted. 

The  cpiestion  was  taken,  and  the  section  as 
amended  was  adopted. 

Tlie  article  was  then  ordered  to  be  engrossed 
for  a  third  reading. 

MISCELLANEOUS    PROVISION.?. 

Mr.  CHAPIN.  I  move  that  the  Convention 
resolve  itself  into  Committee  of  the  Whole  for 
the  consideration  ot  Article  XVI,  entitled  Mis- 
cellaneous Provisions. 

Mr.  CROSMAN.  I  will  move  as  an  amend- 
ment that  the  Convention  go  into  Committee 
of  the  Wiiole  on  the  general  file. 

Mr.  CHAPIN.     I  accept  that. 

The  (piestiou  was  taken,  and  the  motion  was 
agreed  to. 

COMMITTEE   OF  THE   WHOLE. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (Mr.  Kennedy 
in  the  chair,)  and  proceeded  to  the  considera- 
tion first,  of  Article  XVI,  entitled'Miscellaneous 
Provisions. 

SEAT    OF    GOVERNMEXT. 

The  SECRETARY  read  Section  1,  of  Article 
XVI,  as  follows : 

Section  1.  The  seat  of  government  shall  be  at  Car- 
son City,  but  no  appropriation  for  the  erection  or  pur- 
chase of  cajjitol  buildings  shall  be  made  during  the 
next  three  years. 

Mr.  WARWICK.  I  move  to  amend  the  scc- 
tioii  by  striking  out  the  words  "  at  Carson 
City,"  and  inserting  instead  the  words  "wher- 
ever the  Legislature  may  prescribe."  I  otter 
the  amendment  for  this  reason  :  It  is  well 
known  that  at  the  present  time  the  capital  is 
situated  on  the  extreme  western  Ijorder  of  the 
Territory,  and  that  the  business  and  population 
is  steadily  going  over  on  the  other  side.  That 
condition  of  things  may  be  more  marked  in  the 
future,  and  therefore  we  ought,  in  my  opinion, 
to  leave  the  location  of  the  capital  in  the  hands 
of  the  Legislature. 

Mr.  JOHNSON.  I  feel  some  delicacy  in 
speaking  on  this  question,  but  if  there  is  any 
impropriety  in  my  doing  so,  it  was  no  less  im- 
proper for  the  gentleman  from  Lander  to  offer 
this  exceedingly  modest  amendment.  Tlu^refore, 
we  may  consider  his  action  a  fair  offset. 

Now,  sir,  it  has  been  mentioned  to  me,  by 
gentlemen  who  are  here  as  the  representatives 
of  counties  other  than  Ormsby,  that  they  do  not 
want  this  matter  left  in  such  a  condition  as  to 
place  the  State  Capital  upon  wheels,  and  let  it 
go  traveling  around  from  one  place  to  another. 
Why,  sir,  according  to  the  programme  the  gen- 
tleman marks  out,  the  Legislature  may,  the 
very  next  year,  remove  the  capital  from  this 
city,  and  establish  it  at  the  extreme  eastern 
portion  of  tiie  State. 

Mr.  WARWICK.  Yes;  if  that  should  be  a 
proper  placr  for  it. 

Ml.  JOHNSON.  No  doubt  it  would  be,  ac- 
cording to  tlie  gentleman's  extre.me  opinions  of 


17tli  day.] 


MISCELLANEOUS   PROVISIONS. 


609 


Friday,] 


B.ujKs — Warwick — Bbosnan. 


[July  22. 


the  future  grandeur  and  prosperity  of  his  sec- 
tion. If  we  concede  the  correctness  of  his  calcu- 
lations and  vaticinations  in  regard  to  the  future 
population,  wealth  and  business  of  that  remote 
part  of  the  Territory,  no  doubt  it  is  the  proper 
place  for  the  capital.  But  it  is  enough  to  know 
that  under  such  a  system  there  would  be  no 
stability  or  permanence.  The  capital  is  now 
located  here,  and  conceded  to  be  properly  situ- 
ated, for  the  present,  at  least,  and  we  may  judge 
from  the  experience  of  other  States,  as  to  the 
propriety  or  wisdom  of  permanently  fixing  the 
State  Capital. 

What  has  been  the  history  of  California  in 
this  respect?  I  had  occasion  in  committee, 
when,  I  believe,  the  gentleman  from  Lander 
was  present,  to  recount  some  of  the  incidents 
of  the  various  removals  of  the  capital  of  that 
State.  Year  after  year  the  seat  of  government 
was  changed,  greatly  to  the  perplexity  and  be- 
wilderment of  the  people.  First  it  was  at  San 
Jose,  then  it  went  to  Vallejo,  then  to  Benicia, 
from  Benicia  to  Sacramento,  from  Sacramento 
to  Benicia,  and  then  bacli  again — once  in  the 
intervening  time,  however,  finding  its  way  back 
to  San  Jose  ;  and  thus,  for  a  series  of  years,  the 
Legislature  and  the  people  of  that  State  were 
agitated  with  the  all-important  question,  not 
alone  of  where  the  capital  should  be,  but  where 
it  really  was.  Committees  were  appointed  on 
the  subject,  and  the  matter  was  discussed  year 
after  year,  in  and  out  of  the  halls  of  the  Legis- 
lature, and  courts  of  justice,  before  the  ques- 
tion was  finally  determined,  not  only  of  where 
the  capital  ought  to  be,  but  where  it  was,  ac- 
cording to  law.  And  we  can  anticipate  nothing 
different  to  result  in  our  State,  if  we  adopt  the 
proposition  of  the  gentleman  from  Lander.  I 
think  he  came  to  California  at  a  later  date 
than  the  time  when  the  events  I  mention  trans- 
pired, but  I  assure  him  that  if  we  should  ar- 
range this  matter  in  the  way  he  proposes,  the 
same  state  of  things  in  our  State  would  be  the 
inevitable  ettect. 

Sir,  if  geatlemen  do  not  believe  that  the  capi- 
tal belongs  here,  if  they  do  not  think  this  is 
the  proper  place  for  it,  then  I  say  locate  it  some- 
where else  ;  but  wherever  you  do  place  it,  fix  it 
there  immovably.  Let  the  capital  be  located  and 
established  permanently  somewhere.  If  you 
submit  this  question  to  the  Legislature,  you  set 
that  body,  at  each  and  every  session,  to  the  work 
of  receiving  bids  for  the  removal  of  the  capital  to 
one  locality  or  another,  and  I  do  not  want  such 
an  Infliction  imposed  upon  it,  or  upon  the  State. 
Your  cheap-priced  legislators  would  then  re- 
quire to  be  boarded  throughout  the  session,  and 
you  would  give  them  an  opportunity  to  enforce 
their  demands  by  holding  out  threats  of  voting 
for  the  removal  of  the  capital.  I  repeat,  if  you 
do  not  think  this  is  the  proper  place  for  the  capi- 
tal, fix  it  somewhere  else  ;  but  whatever  place 
you  determine  upon,  establish  it  there  perma- 
nently. This  State  is  not  situated,  however, 
like  New  York  or  Massachusetts,  yet  in  neither 

A  13 


of  those  States  has  it  been  deemed  necessary  to 
locate  the  capital  geographically  in  the  centre 
of  the  State. 

Mr.  BANKS.  As  they  say  in  mining  phrase- 
ology, we  have  here  strong  "  indications"  of  a 
capital  fight — "  clear  and  well  defined."  In 
view  of  all  those  "indications,"  I  should  like 
to  ask  leave  of  absence  for  about  one  week. 
But  seriously,  I  hope  we  may  be  allowed  to 
take  a  vote  on  this  question,  and  put  an  end  to 
a  discussion,  which  surely  can  accomplish  no 
good  purpose. 

Mr.  WARWICK.  I  only  wish  to  say,  in  re- 
ply to  the  gentleman  from  Ormsliy,  (Mr.  John- 
son), that  it  is  universally  conceded  that  the 
capital  of  a  State  ought  to  be  located  not  on  its 
borders,  but  as  near  the  centre  as  Is  practicable. 
In  regard  to  the  State  of  New  York,  to  which 
he  has  referred,  the  capital  is  at  Albany,  which, 
although  not  the  centre,  is  as  near  to  it  as  it 
can  conveniently  be  located.  It  is  not  at  New 
York  City,  by  a  long  ways.  Now  I  only  ask  to 
leave  this  matter  to  the  Legislature,  so  that,  if 
at  some  future  time  there  shall  be  good  reason 
for  locating  the  capital  elsewhere,  it  may  be 
done.  It  might  be  many  years  before  any 
change  would  be  desirable. 
_  I  will  modify  my  amendment  so  that  the  Sec- 
tion will  read  : 

"The  .seat  of  government  shall  be  determiued  by  the 
Legislature,  but  no  appi-opriation,"  etc. 

The  question  was  taken  on  the  amendment  as 
modified,  and  it  was  not  agreed  to. 

The  question  was  then  taken  on  the  adoption 
of  the  section  as  read,  and  it  was  adopted. 

OATH   OF   OFFICE — DUELING. 

Section  2  was  read,  as  follows  : 

Sec.  2.  Members  of  the  Legislature,  and  all  officers, 
Executive,  Judicial,  and  Ministerial,  .shall,  before  they 
enter  upon  the  duties  of  their  respective  offices,  take 
and  subscribe  to  the  following  oath  or  affirmation  : 

"  I ,  do  solemnly  swear  (or  affirm)  that  I  wUl  sup- 
port, protect,  and  defend  the  Constitution  and  Govern- 
ment of  the  United  States,  and  the  Constitution  and 
Government  of  the  State  of  Nevada,  against  all  ene- 
mies, whether  domestic  or  foreign,  ind  that  I  will  bear 
true  faith,  allegiance,  and  loyalty  to  the  same,  any  or- 
dinance, resolution,  or  law  of  any  State,  Convention  o  r 
Legislature  to  the  contrary  notwithstanding;  and  fur- 
ther, that  I  do  this  with  a  full  determination,  pledge, 
and  purpose,  without  any  mental  reservation  or  eva- 
sion whatsoever.  And  I  do  further  solemnly  swear  (or 
affirm)  that  I  have  not  fought  a  duel,  nor  sent  or  ac- 
cepted a  challenge  to  fight  a  duel,  nor  been  a  second  to 
either  party,  nor  in  any  manner  aided  or  assisted  in 
such  duel,  nor  been  knowingly  the  bearer  of  such  chal- 
lenge, uf  acceptance,  since  the  adojition  of  the  Consti- 
tution of  the  State  of  Nevada,  and  that  I  will  not  be  so 
engaged  or  concerned,  directly  or  indirectly,  in  or 
about  any  such  duel,  during  my  continuance  in  office. 
And  further,  that  I  will  well  and  faithfully  iierform  all 

the  duties  of  the  office  of on  which  I  am  about 

to  enter,  so  help  me  God." 

Mr.  BROSNAN.  I  call  for  a  division  of  the 
question  on  this  section.  I  want  a  separate 
vote  upon  that  portion  of  the  section  which 
reads  as  follows : 

"And  I  do  further  solemnly  swear  (or  affirm)  that  I 
have  not  fought  a  duel,  nor  sent  or  accepted  a  challenge 
to  light  a  duel,  nor  been  a  second  to  either  party,  nor 


610 


MISCELLANEOUS  PROVISIONS. 


[17th  day. 


Friday.]      Nourse—Sturtevant— Collins — Johnson — Bkosnan — Pkoctor — Chapin,      [July  22. 


in  anj'  manner  aided  or  assisted  in  such  duel,  nor  been 
knowinglv  the  bearer  of  such  challenge,  or  acceptance, 
since  th'e  aib)i)ti(m  of  the  Constitution  of  the  State  of 
Nevada,  and  that  I  will  not  be  so  engaged  or  concerned, 
directly  or  indirectly,  in  or  about  any  such  duel,  dur- 
ing my  continuance  in  olfice." 

The  question  was  stated  on  the  adoption  of 
the  first  portion  of  the  section,  preceding  the 
above  clause,  relative  to  dueling. 

Mr.  NOURSE.  I  believe  this  form  of  lan- 
guage is  in  the  oath  prescribed  liy  Congress,  but 
I  confess  that  I  have  never  been  able  to  under- 
stand it.  Where  it  says—"  And  further,  that  I 
do  this  with  a  full  determination,  pledge  and 
purpose,"  and  so  on.  what  does  it  mean  ? 

Mr.  STURTEVANT.  That  he  is  going  to  do 
his  duty. 

Mr.  NOURSE.    Why  not  say  so,  then  ? 

Mr.  COLLINS.  This  has  rather  taken  me  by 
surprise.  I  certainly  object  to  striking  out  this 
portion  of  the  oath  in  reference  to  dueling. 

Mr.  JOHNSON.  That  is  not  the  question. 
There  is  no  motion  to  strike  out,  but  a  division 
of  the  question  having  been  called  for,  and  a 
separate  vote  on  the  clause  in  regard  to  duel- 
ing, the  question  is,  according  to  my  under- 
standing, on  the  adoption  of  the  residue  of  the 
section. 

Mr.  COLLINS.  I  hope  that  part  of  the  sec- 
tion will  not  be  stricken  out,  uor  omitted,  upon 
any  consideration. 

Mr.  JOHNSON.  Then  the  gentleman  should 
vote  "  aye '"  on  both  propositions. 

The  question  was  taken  upon  the  adoption  of 
all  the  section  except  the  clause  designated  by 
Mr.  Brosnan,  and  it  was  adopted. 

The  question  was  then  taken  upon  the  ex- 
cepted clause,  and  it  was  also  adopted. 

The  question  was  next  taken  upon  the  adop- 
tion of  the  section  as  a  whole,  and  it  was  adopt- 
ed. 

INELTGIBILITT    TO   OFFICE. 

Section  3  was  read,  as  follows  : 

Sec.  3.  No  person  shall  be  eligible  to  any  office  who 
is  not  a  qualified  elector,  or  who  has  fought  or  been  in 
any  manner  concerned  in  a  duel  since  the  adojition  of 
this  Constitution. 

No  amendment  being  proposed,  the  section 
was  adopted  as  read. 

TIME    OF   GENERAL   ELECTION. 

Section  4  was  read,  as  follows  : 

Sec.  4.  The  general  election  shall  be  held  on  the 
Tuesday  next  after  the  first  Monday  of  November. 

No  amendment  was  ottered,  and  the  section 
was  adopted  as  read. 

LIMITATION   OF   THE   LEGISLATURE. 

Section  5  was  read,  as  follows  : 

Sec.  5.  The  aggregate  number  of  members  of  both 
branches  of  the  Legislature  shall  never  exceed  seventy- 
five. 

No  amendment  being  offered,  the  section  was 
adopted  as  read. 

TERM   OP   STATE    OFFICERS. 

Section  6  was  read,  as  follows  : 

Beg.  6.    The  term  of  State  officers  elected  at  the  first 


election  under  this  Constitution,  shall  continue  until 
the  Tuesday  after  the  first  Monday  of  January,  A.  D. 
18G7,  and  untU  the  election  and  qualification  of  their 
successors. 

Mr.  BROSNAN.  I  propose  an  amendment  in 
that  section.  I  move  to  insert  after  the  word 
"Constitution,"  the"  words  "and  all  oflBcera 
whose  offices  may  hereafter  be  created." 

Mr.  PROCTOR.  I  think  there  is  a  conflict 
here  ;  I  do  not  know  but  I  may  be  mistaken.  I 
understand  that  it  is  proposed  to  retain  the 
Territorial  officers  in  the  several  counties. 

Mr.  JOHNSON.  This  simply  relates  to  the 
term  of  State  officers.  Bnt  I  will  inquire  of  the 
gentleman  from  Storey,  (Mr.  Brosnan,)  whether 
the  proposed  amendment  will  not  include  as 
well  the  judges  of  the  Supreme  Court?  If  so,  I 
thitdv  it  would  Ijc  in  conflict  with  the  programme 
of  the  Judiciary  Committee.  If  we  say  "the 
term  of  the  State  officL-rs,  and  all  other  officers 
hereafter  provided  for,"  shall  continue  until  the 
time  specified,  it  seems  to  me  that  the  judges 
of  the  Supreme  Court  would  be  included. 

Mr.  BROSNAN.  My  object  is  to  provide 
that  in  case  the  Legislature  shall  create  new 
offices,  the  incumbents  shall  take  office  at  the 
same  time  as  those  provided  for  by  the  Consti- 
tution. I  am  not  particular  about  the  lan- 
guage, however,  and  the  section  may  need 
some  further  amendment. 

Mr.  JOHNSON.  My  impression  is,  that  the 
use  of  the  words  "  all  officers "  would  most 
certainly  include  judicial  officers,  and  I  will 
suggest  that  it  would  be  better  to  say  "  all 
State  officers,  judicial  officers  excepted."  Be- 
cause in  the  judicial  feature,  we  propose  whether 
we  shall  have  three  Supreme  Court  Judges,  or 
five,  to  make  provision  for  their  classification 
by  lot,  so  that  they  may  hold  office  respectively, 
for  two,  four  and  six  years,  or  if  we  shall  decide 
to  have  the  larger  number  of  five,  they  may  be 
so  classified  as  to  hold  for  two,  three,  four,  five 
and  six  years  respectively,  one  only  vacating 
office  each  succeeding  year. 

Mr.  BROSNAN.  1  think  it  will  be  well  to 
make  such  an  amendment  as  the  gentleman 
from  Ormsby  suggests.  I  will  not  press  the 
amendment  which  I  have  proposed,  but  instead, 
will  offer  an  amendment  to  insert  after  "State 
officers,"  the  words  "except  judicial." 

The  question  was  taken  ou  the  amendment 
last  proposed  by  Mr.  Brosnan,  and  it  was  agreed 
to. 

Mr.  CHAPIN.  The  section  now  seems  to  con- 
flict with  another  which  we  have  heretofore 
amended  and  ad^ipted,  fixing  the  term  of  office 
of  the  Governor  at  four  years.  This  section 
would  limit  it  to  two  yeai\s. 

.Mr.  JOHNSON.  The  general  framework  of 
the  Constitution  provides  for  a  term  of  four 
years ;  but  the  term  of  two  years  for  the  offi- 
cers fir.st  elected  is  an  exception  to  that  general 
rule,  and  properly  should  be  placed  in  the 
Schedule  or  Miscellaneous  Provisions. 

Mr.  NOURSI"!  It  seems  to  me  that  this  whole 
section  should  go  into  the  Schedule.    Miscel- 


17th  day.] 


MISCELLANEOUS  PROVISIONS. 


611 


Friday,]         Collins— Nodrse— Johnson— Chapin—Stdrtevant— Banks— Dunne.  [July  22. 


laueous  subjects,  which  do  not  properly  come 
within  the  scope  of  the  other  aticles,  should  be 
inserted  in  this  article,  but  merely  temporary 
matters,  which  have  reference  to  the  change 
from  the  Territorial  condition  to  that  of  a  State, 
and  are  not  intended  to  be  permanent  features  of 
the  instrument,  should  have  their  place  in  the 
Schedule.  That,  it  appears  to  me,  ought  to  be 
the  distinction  between  this  article  and  the 
Schedule.  I  move  to  strike  this  section  out, 
witha  view  of  having  it  inserted  in  the  Sched- 
ule. 

Mr.  COLLINS.  I  suggest  that  the  motion 
should  be  to  refer  it  to  the  Committee  on 
Schedule. 

Mr.  NOURSE.     Very  welL 

Mr.  JOHNSON.  I  do  not  think  that  is  neces- 
sary. We  can  pass  upon  it,  and,  if  desirable, 
can  transfer  it  to  the  Schedule  Department 
afterwards. 

The  question  was  taken  on  Mr.  Nourse's  mo- 
tion as  modified,  and  it  was  agreed  to. 

Mr.  JOHNSON.  I  do  not  understand  that 
the  vote  just  taken  operates  as  a  transfer  of 
the  section.  If  so,  there  is  no  need  of  having 
another  vote. 

Mr.  CHAPIN.  It  answers  our  purpose  ;  we 
have  not  yet  considered  the  Schedule,  and  we 
can  adopt  the  section  in  that. 

Mr.  NOURSE.  What  possible  objection  is 
there  to  striking  the  section  out  of  this  article 
now  ?   The  Schedule  has  not  yet  come  before  us. 

Mr.  JOHNSON.  I  will  explain  to  the  gentle- 
man how  a  question  may  arise,  under  the  rules 
of  parliamentary  proceedings.  Possibly,  this 
vote,  not  being  the  action  of  the  Convention,  is 
a  nullity  ;  but  supposing  the  action  of  the  Con- 
vention, as  understood,  is  merely  striking  out 
the  section  ?  This  day  is  Friday,  and  the  after- 
noon, and  to-morrow  night  we  may  finally  ad- 
journ. In  the  meantime,  under  parliamentary 
rules,  we  could  not  reach  the  section  by  recon- 
sideration before  the  adjournment  of  the  Con- 
vention, and  if  it  is  called  up  to-morrow,  ob- 
jections may  be  urged  that  it  cannot  be  recon- 
sidered on  the  same  day,  the  Convention  having 
once  rejected  it.  Thus,  if  you  strike  out  the 
section,  the  objection  of  an  individual  member 
might,  if  so  disposed,  defeat  its  re-incorporation. 

Mr.  NOURSE.  What  motion,  then,  does  the 
gentleman  want? 

Mr.  JOHNSON.  Only  this:  that  our  action 
should  not  be  to  reject,  or  absolutely  strike  it 
out,  but  rather  to  place  it  in  such  condition 
as  to  be  under  the  control  of  the  Convention 
for  future  action,  whether  that  be  to  adopt  or 
reject  it. 

Mr.  CHAPIN.  The  Committee  on  Schedule 
has  not  yet  made  its  report  to  the  Conven- 
tion. The  members  of  that  committee  are  all 
here,  and  doubtless  understand  the  intention  of 
this  body  in  regard  to  the  section  ;  and  I  have 
no  doubt  that  they  will  see  the  propriety  of  in- 
corporating it  in  the  Schedule,  wheu  they  make 
their  report. 

Mr.  NOURSE.    Very  well ;  I  will  make  the 


motion  that  we  recommend  the  Convention  to 
refer  the  section  to  the  Committee  on  Schedule. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Mr.  NOURSE.  Now  does  not  that  leave  the 
section  in  the  position  of  not  having  been  acted 
upon,  but  merely  referred?  It  seems  to  me 
that  it  need  not  embarrass  us  about  the  adop- 
tion of  the  article. 

The  CHAIRMAN.  The  Chair  is  not  suffi- 
ciently acquainted  with  parliamentary  rules  to 
be  enabled  to  inform  the  gentleman. 

OFFICES   OF   COUNTY    OFFICERS. 

Section  7  was  read,  as  follows : 

Sec.  7.  All  county  officers  sliall  hold  their  offices  at 
the  county  seats  of  their  respective  counties. 

Mr.  STURTEVANT.  I  move  that  we  adopt 
the  section. 

Mr.  BANKS.  I  would  like  to  hear  the  rea- 
sons for  the  change  made  by  the  Committee  on 
Schedule. 

Mr.  DUNNE.  The  amendment  which  the 
Convention  has  made  changes  entirely  the  lan- 
guage of  that  section.  The  original  section,  as 
it  stands  in  our  printed  basis,  reads  as  follows : 

Sec.  7.  The  Sheriffs,  County  Clerks,  County  Treas- 
urers, County  Judges,  and  County  Eecorders,  shall 
hold  their  offices  at  the  county  seats  of  their  respective 
counties. 

The  committee  have  amended  that  by  striking 
out  the  officers  named,  and  inserting  instead  the 
words  "  all  county  officers."'  I  dissent  from 
that  action  of  the  committee,  and  therefore  I 
move  as  an  amendment  to  strike  out  the  words 
"all  county  officers,"  and  insert  instead  the 
words  contained  in  the  printed  section,  so  as  to 
leave  the  section  as  it  stood  originally. 

The  question  was  taken  on  the  amendment, 
and,  it  appearing  to  be  lost,  a  division  was 
called  for. 

Mr.  DUNNE.  I  supposed  that  amendment 
would  be  adopted  without  any  trouble,  for  I 
think  the  section  includes  enough  of  the  county 
officers,  as  it  is  in  the  original ;  enough,  at  all 
events,  to  be  included  in  a  constitutional  pro- 
vision. It  will  often  occur,  in  a  great  many 
counties,  that  it  will  be  found  almost  impossi- 
ble to  get  a  gooJ  County  Surveyor  to  consent 
to  leave  his  place  of  residence  and  -go  to  the 
county  seat — and  there  is  really  no  necessity 
for  it.  If  anybody  has  business  with  him.  he 
can  go  to  his  office  and  find  him  ;  and  the  man 
who  gets  the  office  of  County  Surveyor  will  not 
be  apt  to  be  one  who  has  his  office  located  away 
off  in  some  remote  canon,  but  rather  one  whose 
place  of  business  is  in  a  populous  town.  It  will 
probably  very  often  happen  that  the  county 
seat  is  not  the  most  populous  town  in  the 
county — it  is  not  in  my  own  county — and  the 
man  who  would  perhaps  be  the  best  County 
Surveyor,  would  not  accept  the  office  upon 
such  a  condition.  There  is  nothing  connected 
with  the  office  which  makes  it  at  all  necessary 
that  it  should  be  located  at  the  county  seat, 
and  it  is  not  going  to  make  it  any  easier  for 


()12 


MISCELLANEOUS  PROVISIONS. 


[17tli  day. 


Friday,]      W-vkwick—Duxne— Proctor— Tagliabue — Lockwooi) — Banks— Nourse.       [July  22, 


the  majority  of  those  who  have  business  with 
the  Surveyor,  and  have  to  go  to  his  office.  It 
will  be  quite  as  convenient  for  them,  if  he  re- 
sides at  suuR'  other  town,  perhaps  the  largest  in 
the  countv.  If  parties  have  a  survey  made, 
they  must"  lile  the  map,  not  in  the  Surveyor's, 
but  in  the  County  Recorder's  office.  It  seems 
to  me  that  we  might,  with  equal  propriety, 
adopt  a  provision  that  every  lawyer  shall  reside 
at  the  countv  seat. 

Mr.  WARWICK.  We  do  require  a  lawyer  to 
reside  there,  if  he  is  County  Judge. 

Mr.  DUNNE.  I  see  no  necessity  for  requiring 
such  an  officer  to  reside  at  the  county  seat,  and 
I  tbinli  we  might  better  leave  it  to  the  Legisla- 
ture, even  in  regard  to  these  other  officers. 
Certainly  those  not  specified  in  the  original 
section  should  not  be  required  to  live  at  the 
county  seat,  and  the  power  might  be  lodged 
with  the  Legislature  to  prescribe  such  residence 
hereafter,  at  any  time  when  it  may  be  deemed 
necessary.  For  the  present— at  least  in  the 
new  counties  and  those  which  are  about  to  be 
created — there  is  no  necessity  for  it,  and  I 
would  leave  it  to  the  Legi-slature  to  make  such 
provision  after  a  time,  if  it  shall  be  found 
requisite. 

Mr.  WARWICK.  It  is  very  evident  to  my 
mind,  that  of  all  the  officers  which  the  gentle- 
man has  enumerated,  there  is  no  one  whose  res- 
idence at  the  county  seat  is  more  absolutely  ne- 
cessary than  that  of  the  County  Surveyor.  And 
why?  New  locations  of  lands  are  being  made 
all  the  time,  and  we  will  suppose  a  case  where 
two  individuals,  claiming  to  have  located  the 
same  piece  of  land,  want  to  get  it  surveyed. 
The  rule  is,  that  whoever  reaches  the  County 
Surveyor  first,  will  have  his  survey  made  first. 
One  of  them  may  happen  to  know  that  Mr. 
Green,  the  County  Surveyor,  lives  in  Cow  Ca- 
non, but  the  other  is  not  so  fortunate  as  to  be 
aware  of  that  important  fact,  and  so  loses  his 
chance.  But  if  the  Surveyor  is  required  to 
keep  his  office  at  the  county  seat,  they  both 
know  exactly  where  to  liud  him,  and  no  unfair 
advantage  can  be  taken.  It  is  the  proper  place 
for  him,  and  consequently,  I  think  it  is  abso- 
utely  necessary  that  he  should  be  required  to 
reside  there. 

Mr.  PROCTOR.  It  seems  to  me  that  the  sec- 
tion, as  reported,  would  include  County  Com- 
missioners, too. 

Mr.  DUNNE.    Certainly. 

Mr.  PROCTOR.  If  it  requires  them  to  re- 
Bide  at  the  county  seat,  I  certainly  object.  The 
PuIjHc  .\dministrator  and  Coroner  would  also 
be  included. 

Mr.  TAGLIABUE.  It  simply  says  that  they 
shall  hold  their  offices  there  ;  not  that  tiiey  shall 
resiile  there.  And  as  to  the  County  Surveyor 
in  Humboldt  County,  he  certainly  does  not  at- 
tend to  his  business,  and  do  his  duty  properly, 
if  he  does  not  keep  his  office  at  the  county  .seat, 
for  the  law  of  the  last  session  of  the  Legisla- 
ture requires  county  officers  to  keep  their  offices 
at  the  county  seats. 


The  question  was  taken  on  the  amendment 
offi:'red  by  Mr.  Dunne,  and  upon  a  division  the 
vote  was — ayes,  9  ;  noes,  11.  So  the  amend- 
ment was  not  agreed  to. 

Mr.  CHAPIN.  I  will  suggest  an  amendment 
to  except  County  Commissioners. 

Mr.  WARWICK.  They  must  hold  their  offices 
there. 

Mr.  CHAPIN.    Well  ;  all  right. 

Mr.  LOCKWOOD.  I  do  insist  that  the  Coro- 
ner should  not  be  compelled  to  reside  at  the 
county  seat.  1  am  very  sure  there  is  not  pay 
enough  connected  with  that  position,  in  some 
counties,  to  justify  a  Coroner  in  going  to  the 
expense  of  opening  an  office. 

Mr.  DUNNE.  I  move  to  amend  by  excepting 
County  Surveyors.  Now,  see  how  it  would 
work.  You  compel  a  man  to  put  out  his  sign — 
"  County  Surveyor  " — at  the  county  seat,  and 
then  he  may  reside  at  a  different  place. 

Mr.  BANKS.  I  hope  this  amendment  will  be 
adopted.  1  do  not  think  there  are  many  coun- 
ties in  this  Territory  in  which  a  great  number 
of  competent  surveyors  are  to  be  found,  and  it 
is  exceedingly  desirable  that  the  most  compe- 
tent men  should  be  selected  for  that  office.  But 
with  the  section  in  its  present  form,  we  shall 
have  but  a  very  slim  chance  of  securing  the 
best  talent  for  the  position.  When  a  County 
Surveyor  is  elected,  it  becomes  known  at  once, 
all  over  the  county,  where  his  place  of  business 
is,  and  how  it  is  reached,  and  the  difficulty  al- 
leged by  the  gentleman  from  Lander  (Mr.  War- 
wick,) in  the  case  supposed  by  him  a  few  mo- 
ments ago,  is  one  which  it  is  not  at  all  probable 
will  ever  exist.  The  place  of  residence  and 
office  of  the  County  Surveyor  are  likely  to  be 
as  well  known  under  this  amendment  as  if  he 
held  his  office  at  the  county  seat ;  and  I  do  not 
think  there  would  be  any  greater  difficulty  in 
regard  to  the  races  the  gentleman  refers  to,  in 
cases  of  rival  locations  of  land,  if  we  adopt  the 
amendment,  than  there  will  be  if  we  leave  the 
section  to  stand  as  it  is.  I  know  that  in  our 
own  county  the  requirement  would  operate  very 
badly  indeed. 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Dunne,  and  it  was  not  agreed  to. 

The  question  was  then  taken  on  the  adoption 
of  the  section  as  read,  and  it  was  adopted. 

PUnUCATION    OF   LAWS   AND  DECISIONS. 

Section  8  was  read,  as  follows : 

Sec.  8.  The  Legislature  shall  provide  for  the  speedy 
publication  oi  all  statute  laws  of  a  general  nature,  and 
for  such  judicial  decisions  as  it  may  deem  expedient; 
and  all  laws  and  judicial  decisions  shall  be  free  for 
publii'atiou  by  any  person;  providftl,  that  no  judgment 
of  the  Suiircnic  Court  shall  take  efl'ect  and  be  oi)crative 
until  the  (ipiuiini  of  the  Court  in  such  case  shall  be 
fil<cl  with  tlie  Cl(!rk  of  said  Court. 

Mr.  NOURSE.  In  looking  over  this  section 
I  find  one  thing  about  it  to  which  I  desire  to 
call  attention.  It  is  customary,  I  believe,  that 
the  Reporter  of  the  Supreme  Court  shall  be  al- 
lowed to  have  the  copyright  of  the  judicial  de- 
cisions which  he  reports,  and  that  constitutes 


ITtli  day.] 


MISCELLANEOUS  PROVISIONS. 


613 


Friday,] 


Johnson — Nourse— Brosnan — Warwick. 


[July  22. 


the  main  portion  of  lais  conapensation.  It  would 
seem  tiiat  liuder  this  section  he  can  enjoy  no 
such  privilege. 

Mr.  JOHNSON.  I  think  this  is  one  of  the 
most  commendable  features  of  the  section,  and 
the  geiitlemau  from  Washoe  will  uo  doubt  excuse 
me  if  I  have  to  refer  to  California  for  an  illus- 
tration, and  trench  somewhat  on  the  Supreme 
Court  of  that  State.  [Merriment.]  In  Califor- 
nia, as  the  gentleman  is  advised  almost  daily, 
in  the  columns  of  the  Sacramento  Union,  the 
decisions  of  the  Supreme  Court  are  published. 
Within  a  day  or  two  after  a  decision  is  rendered, 
it  appears  in  that  journal,  and  very  often  there 
is  an  entire  page  or  more,  containing  the  Su- 
preme Court  decisions.  This  section  is  designed 
to  protect  and  guard  the  right  of  publishing 
the  Supreme  Court  decisions  of  our  State,  in 
the  same  manner  ;  for  the  privilege  may  be  en- 
joyed liy  any  enterprising  newspaper,  that  may 
be  inclined  to  publish  these  decisions.  One 
object  should  be  to  diffuse  among  our  people, 
as  speedily  as  possible,  an  understanding  of  the 
decisions  of  our  courts,  and  this  section  is  in- 
tended to  accomplish  that  end  in  our  State. 
Why,  sir,  we  have  now  but  the  twenty-second 
volume  of  the  California  Reports.  It  is  pub- 
lished in  very  good  time,  it  is  true,  yet  we  have 
had  all  the  decisions  it  contains  six  or  eight 
months  ago  in  the  columns  of  the  Sacramento 
Union,  without  which  we  would  have  been  en- 
tirely ignorant  of  what  those  decisions  were, 
for  months  after  they  were  pronounced  by  that 
court. 

Mr.  NOURSE.  I  guess  the  section  is  all 
right  in  that  respect. 

Mr.  BROSNAN.  I  move  to  amend  by  strik- 
ing out  the  words  "judicial  decisions,"  in  the 
third  line,  and  inserting  instead  the  words  "  de- 
cisions of  the  Supreme  Court ;"  so  that  the 
section  will  read  : 

"The  Legislature  shall  ijrovide  for  the  speedy  piibli- 
catiou  of  all  statute  laws  of  a  general  nature,  and  for 
such  decisions  of  the  Supreme  Court  as  it  may  deem 
expedient,"  etc. 

I  offer  this  amendment  because  a  judicial  de- 
cision may  be  merely  a  decision  of  a  Justice  of 
the  Peace,  and  it  would  hardly  be  worth  while 
to  provide  for  the  publication  of  the  decisions 
of  those  officers. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

The  question  was  then  taken  on  the  adoption 
of  the  section  as  amended,  and  it  was  adopted. 

CHANGE  OF  SALARIES. 

Section  9  was  read,  as  follows : 

Sec.  9.  The  Legislature  may  at  any  time  provide  by 
law  for  increasing  or  diminishing  the  salaries  or  com- 
pensation of  any  of  the  otiicers  whose  salaries  or  com- 
pensation is  fixed  in  this  Constitution;  j^romded,  no 
such  change  of  salary  or  compensation  shall  apjily  to 
any  officer  during  the  term  for  which  he  may  have 
been  elected. 

No  amendment  being  offered,  the  section  as 
read  was  adopted. 


OFFICERS   NOT   SPECIFIED. 

Section  10  was  read,  as  follows  : 

Sec.  10.  All  oificers  whose  election  or  appointment 
is  not  otherwise  provided  for,  shall  be  chosen  or  ap- 
pointed as  may  be  prescribed  by  law. 

No  amendment  was  offered,  and  the  section 
was  adopted  as  read. 

TENURE    OF    OFFICE. 

Section  11  was  read,  as  follows  : 

Sec.  11.  The  tenure  of  any  office  not  herein  pro- 
vided for  may  be  declared  by  law,  or  when  not  so  de- 
clared, such  office  shall  be  held  during  the  jileasure  of 
the  authority  making  the  appointment ;  but  the  Legis- 
lature shall  not  create  any  office,  the  tenure  of  which 
shall  be  longer  than  four  years. 

Mr.  WARWICK.  I  desire  to  ask  if  that  will 
conflict  with  the  terms  of  the  Supreme  Court 
Judges,  according  to  the  Judicial  article? 

Mr.  NOURSE.  No.  sir.  That  office  is  not 
created  by  the  Legislature. 

No  amendment  being  proposed,  the  section 
as  read  was  adopted. 

OFFICES   OF   STATE    OFFICERS. 

Section  12  was  read,  as  follows  : 

Sec.  12.  The  Governor,  Secretary  of  State.  State 
Treasurer,  State  Controller,  and  Clerk  of  the  Supreme 
Court,  shall  keep  their  respective  offices  at  the  seat  of 
Government. 

Mr.  JOHNSON.  I  propose  to  offer  an  amend- 
ment to  this  section,  striking  out  the  words 
'•  State  Controller,"  and  inserting  instead  "Aud- 
itor of  State,"  so  as  to  change  the  official  desig- 
nation of  that  officer.  And  in  offering  this 
amendment  I  am  only  foreshadowing  the  report 
of  the  Schedule  Committee,  wherein  we  have 
determined  to  provide  for  making  this  officer 
the  Auditor,  for  reasons  which  I  submitted 
to  the  committee  last  evening,  and  which  I 
will  now  briefly  recapitulate.  In  the  first  place, 
this  officer  is  intended  to  succeed  to  and  super- 
sede the  Auditor  of  the  Territory,  and  we  have 
numerous  laws  within  our  statutes  which  define 
and  prescribe  the  duties  of  the  Auditor  of  tlie 
Territory.  Again,  by  the  provisions  of  some 
sections  of  the  Schedule — I  do  not  know  that 
they  have  as  yet  been  reported,  but  they  have 
been  agreed  upon  by  the  committee — it  is  pro- 
posed that  these  State  officers  shall  enter  upon 
the  discharge  of  their  duties  on  the  first  Mon- 
day in  December.  It  is  also  proposed  that  the 
Legislature  .shall  not  convene  until  aftir  that 
day,  and  consequently  considerable  further 
time  must  elapse  before  any  change  can  be 
made  in  the  laws  on  this  or  any  otiier  matter. 
In  order,  therefore,  to  conform  to  tlie  laws  as 
we  now  find  them,  I  desire  a  change  made  in  the 
name  of  the  officer.  Unle.ss  t'lis  is  done,  lie  can 
not  be  governed  by  the  laws  now  in  force,  nor 
in  fact  by  any  laws,  until  the  Legislature  shall 
have  had  an  opi)ortunity  to  change  the  name 
by  which  this  officer  is  to  be  known. 

It  is  quite  immaterial  what  the  official  desig- 
nation may  be.  In  California  we  have  been 
familiar  with  that  of  Controller,  but  in  other 


614 


MISCELLANEOUS  PROVISIONS. 


[17th  day. 


Friday,] 


Warwick— JonssoN — Brosnan — Hovet — Dunne — Nourse — Banks. 


[July  22. 


States  the  officer  charged  with  similar  duties  is 
called  the  Auditor,  and  the  only  diflfereuce  it 
makes  here  is,  that  the  laws  we  already  have, 
designate  the  officer  as  Auditor.  In  most  of 
the  older  States,  I  believe,  we  find  the  same 
utlicer  designated  as  Auditor,  or  Auditor  of 
Tublic  Accounts.  In  Miclilgan  he  is  called 
the  Auditor-General,  while  in  New  York  he  is 
styled  the  Controller,  and  the  same  possibly  in 
other  States. 

Mr.  WARWICK.    In  Massachusetts,  also. 

Mr.  JOHNSON.  It  may  be  ;  I  do  not  recol- 
lect the  facts.  But  in  a  majority  of  the  States 
he  is  designated  as  the  Auditor.  I  say  it  makes 
no  difference  what  we  shall  designate  this  offi- 
cer, except  so  far  as  it  may  be  desirable  to  con- 
form to  the  Territorial  laws,  at  least  until  such 
time  as  the  State  Legislature  may  change 
them.  As  I  have  stated",  it  is  proposed  that  all 
the  State  officers  named  shall  enter  upon  their 
duties  on  the  first  Monday  in  December,  whilst 
the  Legislature  does  not  convene  till  the  sec- 
ond Monday  in  December,  and  no  changes  in 
the  law  could  be  ettected  until  some  time  after 
the  day  last  named.  But  the  change  I  have 
proposed  in  the  name  might  supersede  the  ne- 
cessity of  corresponding  clianges  in  the  laws  of 
the  Territory.  For  these  reasons  I  hope  that 
the  amendment  will  be  adopted,  so  that  the  offi- 
cer may  be  designated  as  '-Auditor  of  State," 
instead  of  "  State  Controller." 

Mr.  BROSNAN.  I  believe  the  word  "  Con- 
troller" has  been  used  in  several  sections  al- 
ready passed  and  enrolled  ;  and  if  we  make  the 
change  here,  we  shall  also  have  to  reconsider 
and  amend  those  sections. 

Mr.  JOHNSON.  There  is  no  doubt  of  that. 
But  the  question  is  whether  it  will  be  less  diffi- 
cult for  us  to  make  the  corresponding  changes, 
admitting  that  we  have  in  this  respct  to  uudo 
our  former  work  and  make  changes  wherever 
the  word  occurs  in  the  Constitution,  than  it 
would  be  for  the  Legislature  to  alter  the  laws. 
The  objections  mentioned  by  the  gentleman 
from  Storey  occur  on  the  one  hand,  whilst  on 
the  other,  it  seems  to  me,  there  are  greater 
difiiculties  to  be  surmounted.  There  is  no  sin- 
gle law  defining  the  duties  of  the  Aiulitor,  else 
the  case  might  t)e  ditterent,  Ijut  there  are  ref- 
erences to  an  officer,  by  such  name,  pervading 
the  eutire  body  of  our  statutory  law. 

Mr.  IIOVEY.  Cannot  we  provide  in  the 
Schedule  tliat  all  the  Territorial  laws  relating 
to  the  Auditor  shall  apply  to  the  State  Con- 
troller, so  far  as  practicable  ? 

Mr.  JOHNSON.  Possibly  the  gentleman 
from  Storey  might  be  al)le  to  frame  a  section 
which  would  meet  the  case. 

Mr.  BIKJSNAN.  We  ought  to  avoid  erasures 
if  possibli',  and  it  seems  to  mo  hardly  worth 
wiiile  to  make  all  tliese  amendments  merely  for 
the  sake  of  changing  the  name  of  the  office.  It 
is  said  a  rose  would  smell  as  sweet  by  any  other 
name. 

Mr.  JOHNSON.  Especially  if  you  spell  ro.se 
— li-o-.'^s.     [Laughter.]  1 


Mr.  BROSNAN.  No,  sir  ;  I  spell  it  r-o-s-e. 
We  can  obviate  all  difficulty  by  saying  in  the 
Schedule  that  the  duties  of  the  Controller  shall 
be  as  prescribed  by  law  for  the  Territorial  Au- 
ditor, until  other  laws  shall  be  passed  by  the 
State  Legislature. 

The  question  was  taken  on  the  amendment 
ottered  by  Mr.  Johnson,  and  it  was  not  agreed 
,to. 

The  question  was  then  taken  on  the  adoption 
of  the  section,  as  read,  and  it  was  adopted. 

STATE  CENSUS. 

Section  13  was  read,  as  follows  : 

Sec.  13.  The  eniimeration  of  the  inhabitants  of  this 
State  shall  be  taken  under  the  dii-ection  of  the  Legis- 
lature in  the  year  1865.  and  1807,  and  1875,  and  every 
ten  years  thereafter;  and  tliese  enumerations,  together 
with  the  census  that  may  be  taken  under  the  direction 
of  the  Congress  of  the  United  States  in  the  year  1870, 
and  every  subsequent  ten  years,  shall  serve  as  the 
basis  of  representation  in  both  Houses  of  the  Legis- 
lature. 

Mr.  DUNNE.  As  it  is  generally  believed 
that  Congress  intends  providing  that  the  United 
States  census  shall  be  taken  every  five  years,  I 
move  to  amend  this  section,  first  by  striking  out 
the  word  •'  shall,"  in  the  second  liue,  and  insert- 
ing "  may  ;"  and  secondly,  by  adding  after  the 
word  "  Legislature,"  in  the  third  line,  the  words 
"  if  deemed  necessary."  Unless  this  amend- 
ment is  adopted,  the  State  will  be  obliged  to 
incur  the  expense  of  taking  the  census,  when 
there  may  he  no  necessity  ibr  it. 

Mr.  NOURSE.  We  do  not  need  to  strike  out 
the  word  '•  shall."  Let  it  read,  "Shall  be  taken 
under  the  direction  of  the  Legislature  if  deemed 
necessary."     That  is  all  that  is  required. 

Mr.  DUNNE.  Very  well.  There  is  no  ques- 
tion, however,  but  that  the  Legislature  will  do 
it,  if  it  is  necessary,  because  every  county  will 
be  anxious  to  secure  the  amount  of  representa- 
tion to  which  it  may  be  entitled. 

The  question  was  taken  on  the  amendment 
off'ered  by  Mr.  Dunne,  and  it  was  agreed  to. 

The  question  was  then  taken  on  the  adoption 
of  the  section  as  amended,  and  it  was  adopted. 

election   by  plurality. 

Section  14  was  read,  as  follows  : 

Sec.  14.  A  plurality  of  votes  given  at  an  election  by 
the  i^eople,  shall  constitute  a  choice,  where  not  other- 
wise ijrovided  by  this  Constitution. 

No  amendment  being  ottered,  the  section  as 
read  was  adopted. 

Mr.  WARWICK.  Now  I  move  that  the  Com- 
mittee rise,  report  the  article  back  with  the 
amendments,  and  recommend  its  passage. 

COMPENSATION. 

Mr.  BANKS.  I  would  inquire  of  some  gen- 
tleman more  familiar  with  toe  sulyect  than  I 
am,  whether  Section  9,  as  adopted,  does  not 
conflict  with  some  of  the  provisions  of  the  ar- 
ticle on  the  Judiciary  ? 

Mr.  JOHNSON.  The  gentleman  will  observe 
by  the  reading  that  it  does  not.    It  has  been 


17th  day.] 


MISCELLANEOUS  PROVISIONS. 


615 


Friday,] 


President — Dunne — Waewick — Banks — Nourse. 


[July  22. 


changed  somewhat  from  the  printed  form,  and 
one  of  the  amendments  is  striking  out  the  words 
"  except  judicial." 

Section  9  was  read,  as  adopted,  for  informa- 
tion. 

The  question  was  taken  on  the  motion  of  Mr. 
Warwick,  that  the  Committee  rise  and  report 
the  article,  with  the  amendments,  and  it  was 
agreed  to. 

in  contention. 

The  PRESIDENT  having  resumed  the  chair, 

The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Article  XVI.,  entitled  "  Miscellaneous  Provi- 
sions," had  made  some  amendments  thereto,  in 
which  he  was  instructed  to  ask  the  concurrence 
of  the  Convention,  and  recommended  the  pas- 
sage of  the  article  with  such  amendments. 

The  report  was  accepted,  and  the  Committee 
of  the  Whole  discharged  from  the  further  con- 
sideration of  the  article. 

Mr.  DUNNE.  Now  1  move  the  adoption  of 
the  report. 

The  PRESIDENT.  No  motion  is  necessary  ; 
the  recommendations  of  the  Committee  are  now 
before  the  Convention. 

The  question  was  taken  upon  the  recommend- 
ation of  the  Committee  of  the  Whole,  to  refer 
to  the  Committee  on  Schedule.  Section  6,  relat- 
ing to  the  term  of  office  of  State  officers  first 
elected,  etc..  and  it  was  referred  accordingly. 

The  PRESIDENT.  Unless  a  division  is  called 
for,  the  question  will  be  upon  the  several 
amendments  reported  by  the  Committee  of  the 
Whole. 

Mr.  DUNNE.  I  want  a  division  of  the  ques- 
tion. 

The  PRESIDENT.  Very  well  ;  then  the  vote 
will  be  taken  separately  on  each  amendment. 

PUBLICATION   OF   LAWS   AND   DECISIONS. 

The  question  was  taken  on  agreeing  to  the 
amendment  to  Section  8,  striking  out  the  words 
"judicial  decisions,"  and  inserting  instead  the 
words  "  decisions  of  the  Supreme  Court,"  and 
it  was  agreed  to. 

Mr.  WARWICK.  If  I  am  not  mistaken,  there 
was  an  amendment  in  reference  to  the  payment 
of  salaries  quarterly,  which  it  occurs  to  me 
would  include  members  of  the  Legislature. 
Will  the  Secretary  state  where  that  occurs  ? 

The  PRESIDENT.  That  does  not  occur  in 
this  article. 

THE   STATE   CENSUS. 

The  question  was  then  taken  on  the  adoption 
of  the  amendment  to  Section  13,  inserting  after 
the  word  "  Legislature,"  in  tlie  third  line,  as 
printed,  the  words  "  if  deemed  necessary,"  and 
it  was  agreed  to. 

OFFICES  OP  COUNTY  OFFICERS. 

Mr.  DUNNE.  Now  I  move  to  amend  Section 
7  by  inserting  after  "  all  county  officers,"  the 
words  "  County  Surveyors  and  Public  Admin- 
istrators excepted." 


The  question  was  taken,  and  the  amendment 
was  not  agreed  to. 

SALARIES     AND    COMPENSATION. 

Mr.  BANKS.  I  move  to  amend  Section  9  by 
adding  thereto  the  following  : 

"And  provided  further.  That  such  salaries  or  com- 
pensation shall  not  exceed  the  amounts  fixed  in  Article 
XI  of  this  Constitution." 

The  PRESIDENT.  I  suggest  that  the  gen- 
tleman can  accomplish  the  same  purpose  by 
striking  out  the  word  "  increasing,"  in  the  for- 
mer part  of  the  section. 

Mr.  DUNNE.  Then  if  at  some  time  a  salary 
should  be  diminished,  perhaps  improperly,  the 
Legislature  would  be  debarred  from  increasing 
it  again  to  the  original  amount.  A  salary 
might  be  diminished,  and  then  the  Legislature 
might  want  to  raise  it  again. 

Mr.  BANKS.  I  do  not  know  of  any  country 
where,  at  any  time,  the  salaries  ought  to  be 
higher  than  we  have  fixed  them  here,  for  the 
first  two  years  of  our  State  Government.  I 
think  we  have  got  them  about  at  the  maximum 
— •'  the  top  of  the  heap"— and  I  would  like  to 
prevent  any  future  increase.  I  believe  we  ought 
to  have  fixed  the  salaries  definitely — that  it  was 
well  to  fix  them,  at  all  events,  for  the  first  two 
years— but  at  the  same  time  I  think  it  is  neces- 
sary to  say,  when  we  have  fixed  the  salaries  for 
the  first  two  years,  that  the  Legislature  cannot 
raise  them  afterwards  above  the  rate  so  estab- 
lished.    Hence,  I  have  offered  this  amendment. 

Mr.  NOURSE.  I  am  not  in  favor  of  so  re- 
stricting this  matter  of  salaries,  because  I  do 
not  know  what  prices  will  be  in  the  future. 
To  be  sure,  as  the  salaries  are  now  fixed,  they 
are,  as  the  gentleman  from  Humboldt  says,  at 
the  top  of  the  heap.  There  are  other  States 
where  the  salaries  are  lower,  but  where,  I  am 
sure,  at  the  same  time,  that  one  dime  will  buy 
more  than  five  will  here.  And  in  those  States 
the  salaries  are  deemed  ridiculously  small,  com- 
pared with  the  amount  of  compensation  which 
professional  men  can  earn  in  the  practice  of 
their  professions,  or  mechanics  at  their  trades, 
or  ranchmen  upon  their  farms.  It  seems  to  me 
that  the  salaries  we  have  fixed  upon,  so  far  from 
being  high,  are  really,  compared  with  other 
States,  quite  low.  If  two  thousand  dollars  in 
one  of  the  States  on  the  Mississippi  River, 
or  any  one  of  the  Western  States,  where  every- 
thing a  man  requires  to  live  upon  is  so  cheap, 
is  a  just  and  reasonable  salary,  then,  taking  into 
consideration  the  increased  cost  of  living  ia 
this  country,  ten  thousand  dollars  would  be  no 
more  than  a  reasonable  salary  here.  And  inas- 
much as  I  never  knew  of  a  case  where  a  Legis- 
lature was  extravagant  in  the  matter  of  the 
increase  of  salaries,  I  prefer,  and  I  think  it  is 
entirely  safe,  to  leave  this  matter  just  as  it  now 
stands. 

Mr.  BANKS.  As  an  offset  to  what  the  gen- 
tleman from  Washoe  says  he  has  never  known, 
I  will  say  that  I  have  seen  a  Legislature  raise 
salaries  extravagantly  high,  and  I  am  afraid 


616 


JUDICIAL  DEPARTMENT. 


[ITtli  daj 


Friday.] 


Chapin — Dunne — President — Crosman — Hovet. 


[July  22. 


the  same  thing  might  be  done  in  this  State.  I 
have  already  assigned  some  reasons  why  I  thinlt 
this  restriction  should  be  made,  and  I  will  say 
further,  that  if  it  is  not  adopted,  we  will  most 
certainly  have  to  meet  this  objection  before  the 
people — an  objection  which  I  should  consider 
to  be  valid — that  the  Constitutional  Convention 
has  limited  the  salaries  for  two  years,  but,  at 
the  same  time,  it  has  taken  very  good  care 
to  provide  the  means  by  which  the  salaries  may 
be  increased  at  the  end  of  that  time.  People 
will  say  there  is  no  assurance  of  having  a  cheap 
government  for  over  two  years.  Believing  that 
there  is  no  necessity  of  encountering  any  such 
objection,  and  believing  that  it  is  desirable  to 
adopt  such  a  restriction,  on  account  of  other 
reasons  which  have  been  presented,  I  hope  the 
amendment  will  prevail. 

Mr.  CHAPIN.  I  hope  the  amendment  will 
not  be  adopted  ;  and  I  thinly  the  people  will  be 
gratified  if  we  allow  the  matter  to  remain  as  it 
is,  so  that  they,  through  their  representatives, 
may  use  their  own  good  sense  and  judgment  in 
respect  to  salaries  in  the  future.  We  do  not 
know  what  the  currency  will  be  worth  here- 
after. It  may  be  so  depreciated — although  we 
hope  and  believe  it  will  not  be — that  at  the  end 
of  three  or  four  years,  we  shall  find  it  abso- 
lutely necessary  to  increase  the  salaries.  At 
all  events,  let  us  leave  the  matter  open  for  a 
few  years.  I  hope  the  amendment  will  not 
prevail. 

The  question  was  taken  on  the  amendment 
offered  hj  Mr.  Banks,  and  it  was  not  agreed  to. 

The  article,  us  amended,  was  then  ordered  to 
be  engrossed  for  a  third  reading. 

THE   schedule. 

Mr.  CHAPIN.  I  move  that  the  Convention 
now  go  into  Committee  of  the  Whole  on  the 
Schedule.  We  can  take  up  the  ordinance,  which 
we  have  printed  in  the  newspapers,  and  dispo.se 
of  that,  and  I  trust  that  the  report  of  the  Ju- 
diciary Committee  will  also  be  published  by  to- 
morrow morning,  so  that  we  may  have  that 
before  us  in  printed  form. 

Mr.  DUNNE.  The  Committee  on  Scheduk- 
has  not  yet  reported  the  ordinance. 

The  PRESIDENT.  It  will  not  be  in  order  to 
go  into  Committee  of  the  Whole  on  a  subject 
which  is  not  before  the  Convention. 

Air.  DUNNE.  I  am  going  to  ask  for  an  ad- 
journment now,  and  I  desire  to  state  the  reason. 
The  Committee  on  the  Schedule  is  not  ready  to 
report  yet,  and  will  require  two  hours  more,  at 
least,  to  get  ready.  If  we  adjourn  now  the 
committee  can  have  a  meeting  of  an  hour  and 
a  lialf,  at  all  events,  during  the  recess,  and  that 
will  enable  it  to  get  through  with  a  part  of  its 
work. 

Mr.  CHAPIN.  I  supposed  the  Schedule  Com- 
mittee had  reported  tiie  ordinance  ;  that  was 
mv  impression. 

Tlie  PRESIDENT.  I  will  state  that  the  Cora- 
mittej  on  the  Schedule  found  a  stumbling  block 
in  the  way,  to-wit :   the  matter  of  apportion- 


ment. But  for  that,  probably  it  would  have 
been  able  to  report  before  this  time,  on  all  mat- 
ters referred  to  it. 

Mr.  DUNNE.  The  committee  has  had  three 
sessions,  and  also  an  extra  session  this  after- 
noon, and  I  have  been  at  work  what  time  I 
could  get  writing  the  report.  I  move  that  the 
Convention  now  take  a  recess  until  seven 
o'clock. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Accordingly,  at  four  o'clock,  P.  M.,  the  Con- 
vention took  a  recess  until  seven  o'clock,  P.  M. 


EVENING  SESSION. 

The  Convention  met  at  7  o'clock,  P.  M.,  and 
was  called  to  order  by  the  President. 

The  Secretary  reported  that  there  was  not  a 
quorum  in  attendance. 

CALL  OF  THE  HOUSE.. 

Mr.  DUNNE  moved  a  call  of  the  House,  which 
motion  was  agreed  to. 

The  roll  was  called,  and  the  following  mem- 
bers responded  to  their  names :  Messrs.  Banks, 
Belden,  Brady,  Crosman,  Dunne.  Frizell,  Gib- 
son, Hawley.  Hovey,  Kennedy,  Mason,  Proctor, 
Sturtevant,  Tagliabue,  and  Mr.  President — 15. 

The  Sergeant-at-Arms  was  directed  to  arrest 
and  bring  in  the  absentees. 

Messrs.  Collins,  Wetherill,  Mnrdoek,  Chapin, 
and  Crawford,  severally  appeared,  stated  their 
excuses,  and  were  allowed  to  take  their  seats. 

Mr.  CROSMAN.  As  there  is  now  a  quorum 
present,  I  move  that  further  proceedings  under 
the  call  of  the  House  be  dispensed  with. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

JUDICIAL     DEPARTMENT. 

Mr.  DUNNE.  I  move  that  the  Convention 
go  into  Committee  of  the  Whole  on  whatever 
further  business  we  have.    - 

The  SECRETARY.  The  only  business  on 
the  General  File  is  the  article  on  Judicial  De- 
partment. 

Mr.  DUNNE.  Well,  I  move  that  we  go  into 
Committee  of  the  Whole  on  that  article. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

COMMITTEE   OF   THE   WHOLE. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (Mr.  Banks  in 
the  chair,)  and  proceeded  to  the  consideratioa 
of  Article  VI,  entitled  Judicial  Department. 

ENUMERATION    OF    COURTS. 

The  SECRETARY  read  Section  1,  as  follows: 
Skc.  1.  The  Judicial  power  of  this  State  shall  be 
vested  iu  a  Supreme  Court,  District  Courts,  in  County 
Courts,  and  in  Justices  of  the  Peace.  The  Legislature 
may  also  establish  Courts  for  municipal  purposes  only, 
iu  iucorjiorated  cities  and  towns. 

Mr.  HOVEY.    I  would  like  to  inquire  of  the 


17th  day.] 


JUDICIAL  DEPARTMENT. 


617 


Friday,] 


Johnson — Hovey — Crosman — Chapin — Masox. 


[July  22. 


Committee  on  the  Judiciary,  if  in  their  report 
they  have  provided  for  any  County  Courts? 

Mr.  JOHNSON.  The  Chairman  is  not  here 
at  present,  but  I  will  state  that  in  the  pro- 
gramme adopted  in  this  judicial  article,  it  is 
contemplated  that  there  shall  be  a  County  Court 
in  one  county,  and  that  power  shall  be  given 
the  Legislature  to  create  others,  in  such  coun- 
ties, and  at  such  times,  as  may  be  deemed  neces- 
sary. The  exception  made  is  in  regard  to  Sto- 
rey County. 

Mr.  HO'VEY.  If  that  is  the  obj 'ct  of  the 
Committee,  it  is  all  very  well,  but  I  had  in 
tended  when  we  came  to  the  exception  in  refer- 
ence to  Storey  County,  to  move  to  strike  it  out. 
If  the  intention  is,  however,  as  the  gentleman 
has  explained,  I  will  not  make  the  motion  now. 

No  amendment  being  offered — 

THE   SUPREME    COURT. 

Section  2  was  read,  as  follows  : 

Sec.  2.  The  Supreme  Court  shall  consist  of  a  Chief 
Justice  and  two  Associate  Justices,  a  majority  of  whom 
shall  constitute  a  quorum;  jtrovided,  that  the  Legisla- 
ture, by  a  majority  of  the  members  elected  to  each 
branch  thereof,  may,  at  its  second  session,  or  any  time 
thereafter,  provide  for  the  election  of  two  additional 
Associate  Justices,  and  if  so  increased,  three  shall  con- 
stitute a  quoriim.  The  majority  of  the  whole  Court 
shall  be  necessary  to  render  a  decision. 

Mr.  JOHNSON.  The  Chairman  of  the  Judi- 
ciary Committee  is  still  absent,  and  I  feel  dis- 
inclined, whilst  he  is  not  pres'^^ut,  to  make  a 
motion  that  would  affect  materially  the  provi- 
sions of  the  article.  If  the  section  can  be  read 
and  passed  over  informally,  I  have  no  objection, 
but  will  reserve  the  right  to  offer  hereafter  a 
very  material  amendment.  It  was  understood 
when  the  report  was  made,  that,  so  far  as  I  was 
concerned,  I  should  oppose  one  important  fea- 
ture of  this  section. 

The  CHAIRMAN.  It  is  a  very  important  ar- 
ticle, and  as  it  ha.s  not  beeu  printed  1  will  sug- 
gest that,  if  desirable,  it  can  be  read  through 
consecutively,  for  information. 

Mr.  JOHNSON.  Very  well  ;  let  it  be  read 
through,  and  after  that  it  can  be  taken  up  by 
section-s.  By  that  time  the  Chairman  may  have 
come  in. 

The  SECRETARY  read  the  entire  article, 
as  reported. 

COURTS  IN  STOREY  COUNTY. 

Mr.  HOVEY.  There  is  one  amendment 
which  I  would  like  to  make,  but  I  suppose  it 
would  be  out  of  order  at  this  time. 

Mr.  JOHNSON.  I  ask  that  the  Secretary 
be  allowed  to  proceed  with  the  reading  of  the 
several  sections  in  their  order,  and  they  will  be 
open  to  amendment  as  they  are  read. 

Mr.  HOVEY.  The  proposition  I  refer  to  in- 
volves several  sections  ;  that  is,  if  we  adopt  it 
there  are  several  sections  the  necessity  of  which 
will  be  obviated.  What  I  propose  is,  to  strike 
out  that  part  which  makes  Storey  County  an 
exception  in  regard  to  the  Courts,  leaving  it  in 
the  same  condition  as  the  other  counties. 


The  CHAIRMAN.  The  amendment  may  be 
moved  whenever  we  come  to  any  section  refer- 
ring to  the  subject. 

Mr.  HOVEY.  But  it  is  involved  in  the  first 
section,  which  we  have  already  passed. 

The  CHAIRMAN.  We  can  go  back  and  con- 
sider that  section,  if  it  shall  be  necessary. 

Mr.  CROSMAN.  I  suggest  that  the  best  and 
quickest  way  to  arrive  at  a  conclusion,  will  be 
for  the  gentleman  to  make  his  motion. 

Mr.  JOHNSON.  Allow  me  to  suggest,  that 
the  better  way  is  for  the  Secretary  to  proceed 
in  the  regular  order  with  the  reading,  and  when 
the  section  is  reached  it  will  be  in  order  to 
move  any  amendment  the  gentleman  desires. 

Mr.  CROSMAN.  It  strikes  me  that  it  would 
be  better  to  make  a  motion  which  would  settle 
the  matter.  The  gentleman  himself  says  that 
one  motion  would  reach  it  all. 

Mr.  JOHNSON.  It  is  not  in  order,  unless  it 
is  a  specific  amendment ;  and  I  I'aise  that  ob- 
jection because  we  have  not  the  printed  article 
before  us. 

POSTPONEMENT. 

Mr.  CHAPIN.  I  am  informed  by  one  of  the 
Reporters,  that  since  the  adjournment  this  after- 
noon he  has  telegraphed  to  Virginia,  and  his 
belief  is  that  the  article  will  be  published  in 
the  morning  papers.  If  that  is  so,  I  would  in- 
quire whether  there  is  not  some  other  business 
with  which  we  can  proceed,  and  allow  this  ar- 
ticle to  lie  over.  The  printed  copies  would  be 
of  great  service  to  us  in  the  consideration  of 
the  article. 

Mr.  MASON.  Oh,  let  us  act  upon  it  to-night. 
We  want  to  get  through,  some  time. 

The  SECRETARY.  There  is  nothing  else 
before  the  Convention  now.  There  is  one  thing, 
however,  which  might  perhaps  be  reported  to- 
night, and  that  is  the  Ordinance  introduced  by 
the  gentleman  from  Storey,  (Mr.  Collins.) 

Mr.  JOHNSON.  I  can  fully  appreciate  the 
importance  of  this  article.  Without  doubt  it 
is  of  very  great  moment ;  perhaps  more  so 
than  any  other  one  article  in  the  entire  Consti- 
tution, and  hence  we  ought  to  have  it  laid  be- 
fore us  in  printed  shape.  And  for  the  purpose 
of  enabling  us  to  consider  other  business,  I  now 
move  that  the  Committee  rise,  report  progress, 
and  ask  leave  to  sit  again.  The  Chairman  of 
the  Committee  on  Schedule  will  then  have  suf- 
ficient time  to  report  the  Ordinance.  So  much 
time  and  labor  will  necessarily  be  required  to 
consider  the  Ordinance,  whether  now  or  in  the 
future,  and  since  it  is  already  printed  we  can 
to-night  more  profitably  employ  ourselves  in  its 
consideration,  than  in  that  of  any  other  matter. 

Mr.  HOVEY.  I  suggest  that  there  are  two 
members  from  Storey  County  here  now,  who 
probably  will  not  be  present  to-morrow. 

Mr.  JOHNSON.  There  is  one  member  from 
Storey  who  is  not  here  to-night,  and  probably 
will  be  to-morrow.  I  allude  to  the  Chairman 
of  the  Committee  on  the  Judiciary  ;  and  with 


618 


JUDICIAL  DEPARTMENT. 


[17th  dav. 


Friday.] 


Kexxedt — Proctor — Ddxne — Johxson. 


[July  22. 


me  that  consideration  is  quite  as  important  as 
the  gentleman's  suggestion. 

Mr.  KENNEDY.  I  hope  we  shall  not  delay 
this  matter  unnecessarily.  I  would  prefer  to 
decide  at  once  upon  the  adoption  of  one  of  the 
two  opinions  which  were  advocated  in  the  com- 
mittee. We  can  very  soon  determine  the  ques- 
tion whether  we  will  provide  for  a  County  Court 
in  Storey  County,  or  not ;  and  also  the  question 
whether  we  shall  have  three  or  five  Supreme 
Court  Judges.  Those,  I  understand,  are  the 
only  bones  of  contention.  I  want  those  mat- 
ters settled,  so  that  the  article  may  go  to  the 
Engrossing  Committee  to-night.  Then  they  can 
report  some  time  to-morrow,  and  we  can  order 
it  to  enrollment,  and  there  will  be  some  pros- 
pect of  our  getting  through  this  week.  For 
one,  I  am  not  willing  to  stay  here  after  Satur- 
day. I  will  consiut  to  stay  till  12  o'clock  Sat- 
urday night,  but  if  the  final  adjournment  Is  not 
to  take  place  till  some  time  next  week,  I  am 
not  willing  to  wait  for  it.  For  that  reason 
I  hope  we  shall  go  on  with  the  judicial  article 
to-night,  11'  it  can  possibly  be  done.  The  Ordi- 
nance, I  understand,  is  made  a  part  of  the 
Schedule,  or  a  part  of  the  report  of  the  Com- 
mittee on  Schedule,  and  I  do  not  think  it  will 
take  half  an  hour  to  give  it  all  the  considera- 
tion required,  because  the  committee  will  make 
but  very  few  changes  in  it. 

Mr.  PliOOTOR.  I  hope  we  will  proceed  this 
evening  with  the  consideration  of  the  article 
reported  by  the  Judiciary  Committee,  and  for 
several  reasons — 

Mr.  DUNNE.  Is  the  motion  before  the  Com- 
mittee debatable  ? 

The  CHAIRMAN.  In  the  form  in  which  it 
was  made,  the  Chair  thinks  it  is  debatable. 

Mr.  PROCTOR.  I  understand  that  the  Judi- 
ciary Committee  differed  on  only  one  or  two 
points,  and  it  seems  to  me  that  we  can  dispose 
of  those  questions  just  as  well  to-night  as  to- 
morrow. Besides,  the  prospect  of  our  having 
a  fuller  attendance  to-morrow  is  exceedingly 
slim.  I  am  satisfied,  from  what  one  gentleman 
from  Storey  told  me,  on  leaving,  that  he  will 
not  be  here  to-morrow. 

Mr.  J01I>JS0N.  The  gentleman  to  whom  I 
referred  is  the  chairman  of  the  committee.  Mr. 
Brosnan.  He  is  unwell,  this  evening,  and  there- 
fore not  able  to  be  here,  but  will  probably  be 
in  attendance  to-morrow. 

Mr.  PROCTOR.  He  may  possibly  be  here, 
but  the  gentleman  I  referred  to  was  Mr.  De- 
Long. 

Mr.  JOHNSON.  This  is  not  a  matter  which 
involves  simply  well  defined  points  of  differ- 
ence, as  to  whether  there  .shall  or  not  be  a 
County  Court  in  Storey  County,  or  whether  we 
shall  have  only  three  Judges  of  the  Supreme 
Court,  or  a  greater  number  ;  but  there  are 
other  questions  to  be  considered,  and  doubtless 
many  amendments  to  be  proposed.  From  a 
cursory  reading  of  the  article,  I  discovered  at 
least  two  instances  where,  what  I  should  regard 
as  very  es.sential  provisions,  have  been  omitted. 


and  I  am  not  certain  but  there  may  be  other 

omissions.  When  we  come  to  examine  the 
printed  article,  it  may  possibly  disclose  the  fact 
that  there  are  many  material  and  important 
amendments  necessary  to  be  made  in  the  seve- 
ral sections.  Now,  sir,  I  unwilling,  without 
having  the  article  before  me  in  a  printed  shape, 
either  to  propose  or  to  pass  upon  amendments 
that  may  be  really  necessary. 

Why,  sir,  the  gentleman  from  Lyon,  (Mr. 
Kennedy,)  has  already  suggested  to  me  one 
Si  eming  discrepancy,  in  a  matter  which  had  not 
before  come  to  my  notice.  Here  it  is  provided 
that  the  District  Courts  shall  have  jurisdiction 
over  the  estates  of  deceased  persons,  and  in  a 
subsequent  section  the  County  Court  of  Storey 
County  is  invested  with  jurisdiction  over  the 
estates  of  deceased  persons,  and  the  persons 
and  estates  of  minors  and  insane  persons.  I 
cannot  discover  that  jurisdiction  in  the  cases 
last  mentioned  is  provided  for  elsewhere,  and  I 
think  it  is  not.  If  I  am  correct  in  this  assump- 
tion, then  in  all  probability  material  alterations 
will  be  found  necessary  in  that  as  well  as  in 
other  respects. 

Mr.  KENNEDY.  That  very  objection  was 
brought  up  in  the  committee,  and  a  majority  of 
the  committee  held  that  the  language  of  the 
section  relating  to  District  Courts  gave  juris- 
diction over  minors,  or  at  all  events  that  the 
courts  would  have  that  jurisdiction.  Whether 
that  conclusion  was  correct  or  not,  I  do  uot 
undertake  to  say. 

Mr.  JOHNSON.  Well,  then,  I  only  regret 
that  so  capaljle  a  committee  should  have  made 
a  report  based  on  such  a  fallacy  as  that  the 
conferring  of  jurisdiction  over  the  estates  of 
deceased  persons  would  give  jurisdiction  also 
over  the  persons  and  estates  of  minors.  I  do 
not  understand  it  so,  and  hence  the  occasion 
for  discussion,  and  possibly  for  amendment, 
arises.  Why,  then,  did  uot  the  committee  leave 
the  provision  so  as  to  read  similarly  for  the 
County  Court  of  Storey  County  ?  AVhy  do  they 
leave  out  the  special  provision  for  jurisdictioa 
in  these  cases,  in  one  court,  and  not  in  another. 
I  am  sorry  to  be  compelled  to  criticise  the 
report  of  such  eminent  gentlemen,  and  especially 
in  the  absence  of  the  chairman  of  the  committee, 
although  I  feel  confident  that  he  would  not 
concur  in  the  view  of  this  matter  which  seems  to 
be  presented  by  the  report  of  the  committee. 

Mr.  KENNEDY.  I  do  not  think  the  chair- 
man did  concur  in  it.  I  am  quite  certain  he 
did  not. 

Mr.  JOHNSON.  Then  it  is  all  the  more 
desirable  that  he  should  l)e  present  when  it 
is  considered,  and  that  we  should  all  have  the 
report  before  us  in  such  a  shape  that  we  can 
understand  it.  I  now  warn  those  gentlemen 
who  are  the  earnest  advocates  of  a  State  (tov- 
erument,  not  to  take  hasty  action  on  this  matter. 
Let  them  not  in  the  last  hours  of  our  session, 
thus  hastily  pass  over  the  most  important  parts 
of  the  instrument  they  are  preparing — that  por- 
tion, upon  the  proper  construction  of  which, 


17tli  day.] 


JUDICIAL  DEPARTMENT. 


619 


Friday.]         Murdock — Hawlet — Chapin — Hovet — Frizell — Kennedy — Dunne.  [July  22. 


depends  the  future  security  of  our  fortunes,  our 
liberties,  and  our  lives.  I  regard  this  article  as 
being  quite  as  material,  and  transcending  in 
importance,  any  which  we  have  considered,  or 
cau  be  called  to  deliberate  upon.  Let  us,  there- 
fore, give  it  that  consideration  which  its  impor- 
tance requires  and  merits.  I  hope  it  will  be 
postponed  until  we  can  have  an  opportunity 
of  ascertaining  from  the  printed  sections,  the 
defects  which  may  exist  in  this,  or  other  par- 
ticulars. 

Mr.  MURDOCK.  I  hope  that  the  article  will 
be  postponed,  for  the  reason  that  I  look  upon 
it  as  one  of  the  most  important  questions  before 
the  Convention  ;  and  now  that  we  have  spent  so 
much  time  upon  other  portions  of  the  Consti- 
tution, I  do  not  feel  like  hurrying  this  through, 
and  spoiling  it.  either  to-night  or  to-morrow 
night.  I  would  rather  stay  here  another  week, 
if  necessary.  I  think  I  understood,  fiom  the 
hasty  reading  of  the  article,  enough  to  know 
that  there  are  certain  things  in  it  to  which  I 
should  object,  and  want  to  see  amended  ;  and 
for  this  reason,  and  because  I  want  the  Conven- 
tion to  act  understaudingly  on  this  all-impor- 
tant business — the  most  important  which  we 
have  had  before  us— I  hope  the  article  will  be 
postponed  until  we  can  have  printed  copies 
of  it. 

Mr.  HAWLEY.  I  am  well  aware  that  it  is 
the  very  sincere  desire  and  earnest  wish  of  a 
large  number  of  gentlemen  who  are  members 
of  the  Convention,  to  be  able  to  conclude  their 
labors  by  to-morrow  night,  but  I  think  I  am  ar- 
rogating nothing  to  myself  in  warning  them 
that  the  utmost  diligence  will  not  enable  them 
to  do  so.  I  believe  that,  with  due  diligence,  by 
Monday  evening  we  can  close  our  labors,  in 
such  a  way  as  will  give  them  a  respectable  con- 
clusion ;  but  I  think  if  it  is  determined  to  finally 
adjourn  to-morrow  night,  the  result  will  be  that 
the  instrument  on  which  we  have  spent  so  much 
time  and  labor,  will  pass  from  our  hands  in  an 
imperfect,  unfinished  condition,  which  would 
reflect  discredit  on  this  body.  Therefore,  I 
hope  that  the  motion  to  postpone  will  pre- 
vail. 

Mr.  CHAPIN.  Since  it  has  been  remarked 
that  my  colleague  (Mr.  Brosnan)  will  not  be 
present  this  evening  on  account  of  illness,  I  am 
sure  that  gentlemen  will  not  insist  on  proceed- 
ing with  this  article,  the  most  important  one 
before  us  ;  for  that  gentleman  has  devoted  days 
and  weeks  to  its  consideration  and  preparation. 
He  may  have  erred  in  some  particulars,  but  I 
know  that  his  mind  has  been  most  intently  fixed 
upon  the  subject,  and  for  one,  I  am  not  willing 
to  go  on  with  the  consideration  of  the  article 
until  he  can  be  present  to  give  us  the  benefit  of 
his  views  upon  its  various  features.  No  gentle- 
mau  is  more  ready  than  he  to  acknowledge  a 
fault  or  an  error,  when  it  is  pointed  out.  and  he 
will  be  prompt  to  correct  any  error  as  soon  as 
it  is  made  known.  His  mind  is  so  fully  stored 
with  this  subject  that  I  want  him  here  to  help 
us  with  his  knowledge  and  his  judgment,  and  I 


am  not  willing  to  go  forward  in  the  considera- 
tion of  the  article  without  him. 

Mr.  PROCTOR.     He  is  here.     [Laughter.] 

[Here  Mr.  Bkosnan  entered  the  chamber  and 
took  his  seat.] 

Mr.  CHAPIN.  I  am  sincerely  anxious  to  get 
through  as  early  as  possible,  but  I  think  we  can 
find  business  enough  for  the  evening,  and  leave 
this  matter  until  to-morrow,  when  we  can  have 
it  before  us  in  a  printed  form. 

Mr.  HOVEY.  I  am  not  willing  to  go  on 
with  the  consideration  of  this  article  when  four 
or  five  members  from  Storey  County  are  absent 
on  account  of  sickness. 

Mr.  FRIZELL.  Have  we  any  assurance  that 
if  we  postpone  this  article,  we  shall  have  it  in 
print  to-morrow  ? 

Mr.  CHAPIN.  I  can  only  say  that  one  of 
the  gentlemen  who  sits  at  the  reporters'  table, 
tells  me  that  he  has  telegraphed  to  his  paper, 
and  that  the  presumption  is  it  will  be  published 
in  the  morning.     I  cannot  vouch  for  it. 

Mr.  KENNEDl.  Was  it  not  sent  to  one  of 
the  papers  several  days  ago  ? 

Mr.  CHAPIN.  I  am  not  aware  ;  I  believe  it 
was  sent  to  the  Union.  I  am  informed  that  it 
was  sent  to  the  Enterprise  yesterday,  as  soon  as 
the  report  was  made. 

Mr.  DUNNE.  I  would  like  to  make  a  remark 
which  probably  may  have  some  influence  on  the 
decision  of  this  motion.  I  think  the  Committee 
on  Schedule  is  now  prepared  to  furnish  as  much 
work  as  the  Convention  can  comfortably  get 
through  in  one  or  two  hours. 

Mr.  CHAPIN.    Then  let  us  rise. 

The  question  was  taken  on  Mr.  Johnson's 
motion  that  the  committee  rise  and  report  pro- 
gress, and  it  was  agreed  to. 

IN    CONVENTION. 

The  PRESIDENT  having  resumed  the  chair, 
The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Article  VI,  entitled  Judicial  Department,  had 
made  some  progress  therein,  and  had  instruct- 
ed him  to  ask  leave  to  sit  again. 

The  report  was  accepted,  and  leave  was 
granted  accordingly. 

question  of  postponement. 

Mr.  HAAVLEY.  I  am  about  to  make  a  mo- 
tion ;  I  do  not  know  whether  it  will  be  re- 
ceived with  favor  or  not,  but  in  order  to  test 
the  sense  of  the  Convention,  I  move  that  Arti- 
cle VI,  entitled  Judicial  Department,  be  made 
the  special  order  for  Monday  morning  at 
eleven  o'clock. 

Mr.  KENNEDY.  I  move  to  amend  by  making 
it  Monday  week.  You  will  have  as  many  here 
then  as  you  will  next  Monday. 

Mr.  COLLINS.  Is  that  latter  motion  before 
the  Convention  ? 

The  PRESIDENT.  Does  the  gentleman  make 
the  motion  seriously  ? 

Mr.  KENNEDY.  Yes,  sir  ;  if  the  gentleman 
insists  on  his  motion,  I  do  on  mine. 


620 


JUDICIAL  DEPARTMENT. 


[17th  daj.. 


Friday,]       Collins— Kennedy— Chapin—Hovey—Hawlky— Banks— Wetherill.        [July  22. 


Mr.  COLLINS.  I  certainly  hope  that  the 
amendiueiit  will  not  prevail.  It  occurs  to  me  that 
gentlemen  should  not.  Just  at  the  close  of  our 
session,  insist  upon  throwing  this  whole  mat- 
ter into  contusion  by  exacting  from  the  Con- 
vention what  is  really  an  impossibility.  I  am 
as  anxious  to  get  home  to  my  business  as  any 
man  ;  but  when  I  accepted  this  position,  I  ac- 
cepted it  in  the  best  of  faith,  and  with  a  deter- 
mination to  discharge  its  duties  to  the  best  of 
mv  ability. 

The  PRESIDENT.  In  other  words,  you  en- 
listed for  the  war. 

Mr.  COLLINS.  Yes,  sir;  for  the  war.  I 
would  have  been  glad  to  get  through  in  three 
or  four  days,  if  it  could  have  been  done  ;  but 
with  the  work  before  us,  it  was  impossible.  It 
seems  to  me  that  this  Convention  has  devoted 
its  time  and  labor  attentively  and  faithfully  to 
its  work,  and  done  all  it  could  do  thus  far,  and 
it  appears  to  me  unjust,  not  only  to  those  mem- 
bers who  are  willing  to  remain  to  the  end,  but 
to  every  member  of  the  Convention,  to  urge 
this  matter  through  in  such  haste  that  we  shall 
be  likely  to  leave  the  instrument  we  frame  in 
a  condition  to  reflect  discredit  upon  ourselve-, 
and  possibly  to  bring  disaster  upon  the  State, 
if  it  shall  be  adopted.  I  think  every  member 
owes  it  not  only  to  his  constituency,  but  to 
himself  also,  to  remain  here  until  the  work  of 
the  Convention  is  done.  Let  us  faithfully  and 
conscieuciously  discharge  the  duties  which  we 
have  asstimed. 

Mr.  KENNEDY.  I  hope  my  motion  will  not 
prevail,  unless  that  of  the  gentleman  from 
Douglas  (Mr.  Havvley's)  does;  and  if  that  shall 
be  carried,  I  trust  that  mine  will  be  also. 
Then  some  of  us,  at  least,  who  live  at  a  dis- 
tance from  the  capital,  will  have  an  opportunity 
to  go  home  and  come  baclv  again,  whereas,  by 
the  motion  of  the  gentleman  from  Douglas,  we 
shall  not  have  time  for  that.  I  think  this  Con- 
vention has  been  in  session  long  enough.  I 
believe  we  have  discussed  the  matters  before  us 
sufficiently,  and  now  let  members  present  their 
ani'-ndments  and  vote  upon  them.  I  think  the 
time  for  talking  has  gone  by,  and  the  time  for 
voting  come.  I  do  not  see  the  necessity  or  the 
justice  of  keeping  members  here,  away  from 
their  homes  and  their  business,  for  so  long  a 
time.  Now,  sir,  I  believe  that  if  this  subject  is 
made  the  special  order  for  Monday  morning,  or 
Monday  afternoon  at  two  o'clock,  if  that  is  the 
motion,  there  will  not  be  a  quorum  in  the  city 
at  that  time,  while  if  we  go  to  work  in  earnest 
now,  we  can  finish  our  labors  by  to-morrow 
night.  We  must  do  that,  or  we  shall  have  no 
fjuorum,  and  will  be  unable  to  finish  at  all. 

iMr.  ClIAPIN.  I  really  hope  that  the  gentle- 
man from  Douglas  will  withdraw  his  motion. 
I  feel  on  this  subject,  I  pnjsume,  pretty  nuich 
as  the  gentleman  from  Lyon  (Mr.  Kennedy) 
does.  If  we  can  do  it,  let  us  finish  to-mor- 
row night.  I  do  not  want  to  leave,  however 
till  our  work  is  done — and  I  will  sit  here  till  th( 
last  scstion  is  adopted — but  I  want  to  keep  at 


work.  Let  us  make  no  motions  for  postpone- 
ment, and  do  nothing  else,  but  stop  all  unneces- 
sary debate,  and  take  up  article  by  article,  and 
section  by  section,  and  vote  upon  them  till  we 
get  through.  If  we  can  reach  the  end  to-mor- 
row night,  all  right ;  if  not,  let  us  stay  over 
till  Monday,  and  keep  at  our  work  till  it  is  fin- 
ished. I  do  not  want  to  go  home  till  we  have 
reached  the  end  of  our  labors. 

Mr.  HOVEY.  Does  the  gentleman  think  we 
can  finish  to-morrow  night? 

Mr.  CHAPIN.    No,  sir. 

Mr.  HOVEY.  Then  does  he  desire  to  work 
on  Sunday  ? 

Mr.  CHAPIN.  No,  sir  ;  I  would  not  work  on 
Sunday,  but  stay  till  Monday,  and  then  keep  at 
it  till  we  get  it  all  done. 

Mr.  HAWLEY.  Towards  the  close  of  the 
session  of  last  year,  I  was  employed  as  Assistant 
Enrolling  Clerk,  and  I  saw  enough  then  of  the 
confusion  and  disorder  resulting  from  attempts 
to  hurry  things  through,  to  convince  me  that 
the  most  suicidal  course  this  Convention  could 
adopt  would  be  to  attempt  to  hurry  its  work 
to  a  close  to-morrow  night.  I  will  modify  my 
motion,  however,  so  as  to  postpone  the  article 
until  to-morrow  at  two  o'clock,  in  order  to  ob- 
viate the  objections  which  have  been  raised 
against  postponing  anything  beyond  Saturday 
night. 

I  will  state,  for  the  information  of  gentle- 
men, that  the  Enrolling  Clerk  has  promised, 
and  I  believe  he  will  fulfil  his  promise,  that  to- 
morrow morning  the  Enrolling  Committee  shall 
be  able  to  report  back,  correctly  enrolled,  every 
line  which  has  passed  into  the  hands  of  that 
committee  up  to  the  present  time  ;  but  I  wish 
to  say  further,  that  there  are  other  matters  of 
great  length  to  be  enrolled,  and  I  believe  it  is 
an  utter  impossibility  to  have  the  whole  instru- 
ment enrolled  and  presented  in  proper  shape  by 
to-morrow  night  at  twelve  o'clock.  Therefore, 
I  say  that  any  plan  of  proceeding,  based  upon 
the  hypothesis  that  it  is  possible  to  get  through 
to-morrow  night,  can  only  result  in  confusioa 
and  disaster  to  the  cause  which  geutlemea  have 
at  heart. 

Mr.  BANKS.  I  do  not  like  the  idea  of  mak- 
ing the  article  a  special  order.  I  would  prefer 
to  leave  it  so  that  when  we  get  through  with 
one  thing  we  can  go  to  work  upon  another.  I 
will  therefore  move  to  lay  the  article  on  the 
table,  and  then  we  can  take  it  up  whenever  we 
shall  be  in  a  position  to  give  it  proper  consid- 
eration. 

Mr.  WETHERILL.  I  desire  to  say  only  two 
or  three  words,  if  the  gentleman  will  permit  me. 

Mr.  BANKS.  I  will  withdraw  the  motion, 
then. 

Mr.  WETHERILL.  A  great  many  members 
are  talking  of  going  home  before  the  work  is 
completed,  unless  it  can  be  completed  within 
the  bounds  of  a  certain  time  which  they  specify. 
Now  there  is  no  one  more  anxious  to  be  en- 
abled to  attend  to  his  private  business  than  I 
am,  and  I  think  my  business  is  suflering  in 


17th  day.] 


JUDICIAL  DEPARTMENT. 


621 


Friday,] 


President — Mason. 


[July  22. 


consequence  of  my  absence  as  much  as  that  of 
any  member.  But,  sir,  having  accepted  the 
position  of  a  delejcate  to  this  Convention,  (which 
I  did  with  great  reluctance,)  having  consented 
to  come  here  and  help  to  frame  a  State  Consti- 
tution, I  regard  it  as  being  my  imperutve  duty 
to  remain  here  until  that  work  is  completed  to 
the  very  end.  If  I  were  to  shirk  that  duty,  or 
turn  aside  from  it  to  give  my  attention  to  my 
private  business,  to  the  detriment  of  this  im- 
portant work,  for  one  I  should  ever  after  blush 
to  meet  those  who  sent  me  here. 

The  PRESIDENT.  I  beg  the  indulgence  of 
the  Convention,  whilst  I  submit  a  few  words  on 
this  subject.  I  do  not  believe  any  reproaches 
can  justly  be  cast  upon  the  members  of  the 
Convention,  for  want  of  assiduousness  and  dili- 
gence in  their  labors.  Gentlemen  well  under- 
stand that  we  have  met  here  daily  at  nine 
o'clock  in  the  morning,  and  with  the  exception 
of  a  recess  from  twelve  until  two  o'clock,  and 
another  from  five  till  seven,  have  remained  in 
session  very  often  as  late  as  ten  or  eleven 
o'clock  at  night ;  and  I  believe  on  one  occa- 
sion, when  there  was  said  to  be  some  rumors 
of  seceding  from  the  Convention,  until  near 
midnight.  And  aside  from  our  labors  in  the 
body  of  the  Convention,  we  have  had  laborious 
duties  to  perform  in  attendance  upon  the  sev- 
eral committees,  and  prolonged  sessions  of  those 
bodies  have  beeu  incidents  of  repeated  occur- 
rence. 

We  have  not  yet  been  in  session  half  the 
length  of  time  occupied  by  the  Convention  of 
last  year,  although  our  labors  have  been  quite 
as  arduous  as  theirs.  So  far  as  I  am  concerned, 
it  has  been  a  great  sacrifice  to  attend  to  my 
duties  in  this  body  ;  nevertheless,  with  the  ex- 
ception of  a  very  few  hours,  I  have  been  in 
attendance  at  all  the  sittings  of  the  Convention, 
and  of  the  several  committees  of  which  I  have 
been  named  a  member.  I  am  desirous  of  clos- 
ing our  work  as  quickly  as  possible  ;  but  at  the 
same  time  I  know  it  is  necessary,  though  we 
may  judge  we  are  at  the  close  of  our  labors, 
that  we  should  scan  with  a  critical  eye  the  va- 
rious provisions  of  this  important  article,  and 
know  that  we  do  not  incorporate  anything  into 
this  Constitution  that  will  make  it  an  instru- 
ment to  which  we  should  be  unwilling  to  affix 
our  names. 

Mr.  MASON.  The  judiciary,  sir,  constitutes 
one  of  the  coordinate  branches  of  our  proposed 
State  Government,  and  therefore  in  the  investi- 
gation of  that  article  which  establishes,  defines, 
and  limits  the  powers  and  duties  of  that  coordi- 
nate branch,  I  think  we  should  take  care  that 
nothing  is  passed  over  lightly,  or  with  only  slight 
consideration.  I  do  not  desire  that  members 
should  be  encouraged  in  occupying  much  of  thr 
time  in  talking,  but  let  them  spend  some  portion 
of  the  time  in  thinking  these  matters  over,  and 
let  them  then  judiciously  exercise  the  preroga- 
tive which  belongs  to  them  as  members  of  the 
Convention,  in  casting  their  votes  on  the  vari- 
ous questions  as  they  arise  for  consideration. 


I  _  came  to  this  Convention  against  my  will, 
having  been  nominated  while  I  was  absent  in 
another  county,  and  elected  during  such  ab- 
sence ;  yet  I  felt  that  I  was  under  an  obligation 
to  the  people  who  had  elected  me  to  come  here 
and  represent  them,  and  perform  the  duties  re- 
quired of  me.  My  colleague  (Mr.  VVetherill) 
has  expressed  his  anxiety  to  get  through  speed- 
ily and  go  home  on  account  of  his  own  busi- 
ness, and  I  share  in  that  feeling.  My  business 
is  suffering  in  my  absence  as  much  as  his.  But, 
sir,  I  enlisted  for  the  war,  and  I  am  for  fighting 
it  through.  I  want  to  present  a  Constitution 
that  will  meet,  and  deserve  to  meet,  the  appro- 
bation of  the  people  of  Nevada  Territory,  so 
that  it  may  become  the  State  of  Nevada.  That 
is  the  end  I  want  to  accomplish.  I  have  been 
opposed  to  adopting  a  State  Government  on  a 
previous  occasion,  upon  principle,  because  of 
our  poverty,  and  because  of  our  isolated  posi- 
tion ;  but,  sir,  it  is  at  this  time  a  Federal  call. 
[Good  !  ]  It  has  come  to  us  from  Washington — 
an  appeal  to  our  patriotism,  an  appeal  to  the 
loyalty  of  our  hearts,  and  I  respond  to  that  ap- 
peal. And,  sir,  ii  this  Constitution  shall  be 
such  as  to  meet  with  my  approbation,  I  will  go 
back  to  E-imeralda,  and  to  other  counties  m 
this  Territory,  as  I  may  have  opportunity,  and 
will  advocate  it  with  all  the  zeal  and  energy  in 
my  power,  and  labor  to  induce  the  people  to 
sustain  and  support  the  Constitution,  in  re- 
sponse to  the  call  of  the  government ;  but,  sir, 
unless  the  Constitution  be  such  as  I  can  consci- 
entiously approve.  I  cannot  give  it  that  sup- 
port, however  much  I  might  desire  to  do  so  ; 
because,  if  I  did,  I  should  be  derelict  to  my 
duty,  and  basely  unfiiithful  to  the  people  who 
have  placed  me  in  this  position.  It  is  for  this 
important  reason,  sir,  that  I  am  willin-  to  stay 
here  until  Tuesday,  Wednesday,  or  even  Thurs- 
day n  ght,  if  necessary,  in  order  to  consummate 
and  perfect  our  labors,  and  prepare  this  Con- 
stitution in  such  shapt!  that  it  can  be  presented, 
with  argument  and  reason,  to  (he  favorable 
consideration  of  the  people  of  Nevada  Terri- 
tory. 

I  want  to  see  to  it  carefully,  sir,  in  the  con- 
sideration of  this  judicial  article,  that  there  is 
no  encroachment  of  one  of  the  coordinate 
branches  upon  the  other— that  the  legislative, 
executive,  and  judicial  departments  are  kept 
entirely  distinct  and  separate.  For  I  wish  to 
say — and  I  have  not  heretofore  occupied  much 
of  the  time  of  the  Convention,  nor  do  I  propose 
to  now— that  I  hold  to  the  doctrine  advanced 
by  John  Jay.  one  of  the  most  eminent  states- 
men that  ever  breathed  in  the  United  States  of 
America,  that  whenever  there  is  an  encroach- 
ment of  one  of  the  coordinate  branches  of 
the  government  upon  another,  liberty  is  in 
danger.  I  want  no  such  encroachment,  but  I 
want  to  keep  each  department  separate  and 
distinct  from  the  other,  and  consequently  I 
want  to  exercise  care  and  circumspection  in 
the  investigation  of  this  judical  article,  wherein 
our  rights  of  person  and  property  are  involved. 


622 


ORDINANCE. 


[17th  day. 


Friday,] 


Banks— Frizell — Dunne— Collins— Johnson. 


[July  22. 


But  I  perceive  that  my  time  is  up,  and  I  will 
not  further  trespass  upon  the  patience  of  the 
Convention. 

Mr.  BANKS.  I  renew  my  motion  to  lay  this 
matter  on  the  table. 

Mr.  FRIZELL.  I  wish  to  say  one  word  on 
this  subject.     ["  Leave,  leave !  "] 

The  PRESIDENT.  Does  the  gentleman  from 
Humboldt  withdraw  his  raotton? 

Mr.  BANKS.     I  cannot  withdraw  it. 

The  PRESIDENT.  Then  the  Chair  is  reluc- 
tantly compelled  to  rule  the  gentleman  from 
Storey  not  in  order. 

The  question  was  taken  on  the  motion  of  Mr. 
Banks  to  lay  the  article  on  the  table,  and  the 
motion  was  agreed  to. 

THE   ELECTION   ORDINANCE. 

Mr.  DUNNE,  from  the  Committee  on  Sched- 
ule, suljmitted  the  following  report : 

Mr.  President  : — Your  Committee  on  Schedule,  to 
whom  was  referred  an  ordinance  concerning  elections, 
report  the  same  back,  and  recommend  the  following 
amendments  : 

1st.  In  Section  1,  strike  out  the  words  "  member 
of,"  in  the  last  line  but  one,  and  insert  instead  the 
words  "  Reijreseutative  in." 

2d.     Strike  out  Section  15. 

And  they  respectfully  recommend  its  passage  with 
such  amendments. 

All  of  which  is  respectfully  submitted. 

E.  F.  Dunne,  Chairman,  pro  tern. 

The  report  was  adopted,  and  the  ordinance 
having  been  read,  as  amended,  was  referred  to 
the  Committee  of  the  Whole. 

COMMITTEE   OF   THE   WHOLE — ORDINANCE. 

On  motion  of  Mr.  CHAPIN,  the  Convention 
resolved  itself  into  Committee  of  the  Whole, 
(Mr.  Chapin  in  the  Chair,)  for  the  consideration 
of  the  ordinance  just  reported  from  the  Com- 
mittee on  Schedule. 

The  SECRETARY  read  the  preamble,  as  fol- 
lows : 

Whereas,  The  Enabling  Act  passed  by  the  Thirty- 
Eighth  Congress,  and  approved  March  21st,  A.  D.  1864, 
requires  that  the  Convention  charged  with  the  duty  of 
framing  a  Constitution  for  a  State  G-overnmeut  "  shall 
I)rovide  by  ordinance  for  submitting  said  Constitution 
to  the  people  of  the  Territory  of  Nevada  for  their  rati- 
fication or  rejection,"  on  a  certain  day  prescribed 
therein  ;  therefore,  this  Convention,  organized  in  pur- 
suance of  said  Enabling  Act,  do  establish  the  follow- 
ing 

OEDINi\-NCE. 

No  amendment  being  offered,  the  preamble 
as  read,  was  adopted. 
Section  1  was  read,  as  follows  : 

Section  1.  On  the  first  Wednesday  of  September, 
A.  D.  18()4,  this  Constitution  shall  be  siibmitted  to  the 
qualified  electors  of  said  Territory  in  the  several 
counties  thereof,  for  their  approval  or  rejection  ;  and 
further,  on  the  first  Tuesday  after  the  first  Monday  of 
November,  A.  D.  18G1,  there  shall  be  a  general  election 
in  the  several  counties  of  said  Territory,  for  the  elec- 
tion of  State  officers.  Supreme,  District,  and  County 
Judges,  members  of  the  Legislature,  Representatives 
in  Congress,  and  three  Presidential  electors. 

No  amendment  was  offered,  and  the  section, 
as  read,  was  adopted. 


Section  2  was  read,  as  follows  : 

Sec.  2.  AU  persons  qualified  by  the  laws  of  said 
Territory  to  vote  for  Representatives  to  the  General  As- 
sembly on  the  said  twenty-first  day  of  March,  includ- 
ing those  in  the  army  of  the  United  States,  both  within 
and  beyond  the  boundaries  of  said  Territory,  and  also 
aU  persons  who  may  by  the  aforesaid  laws  be  qualified 
to  vote  on  tlu;  first  VVeduesday  of  September,  A.  D. 
1864,  including  those  in  the  aforesaid  army  of  the 
United  .States,  within  and  without  the  boundaries  of 
said  Territory,  may  vote  for  the  adoption  or  rejection 
of  said  Constitution  on  the  day  last  above  named.  In 
voting  upon  this  Constitution,  each  elector  shall  de- 
posit in  the  ballot-box  a  ticket,  whereon  shall  be  clearly 
written  or  x>rinted  "  Constitution,  Yes,"  or  "Constitu- 
tion, No,"  or  such  other  words  that  shall  clearly  indi- 
cate the  intention  of  the  elector. 

No  amendment  being  offered,  the  section  was 
adopted  as  read. 
Section  3  was  read,  as  follows  : 

Sec.  3.  All  persons  quahfied  by  the  laws  of  said 
Territory  to  vote  on  the  first  Tuesday  after  the  first 
Monday  of  November,  A.  D.  1864,  Including  those  ia 
the  army  of  the  United  States  within  and  beyond  the 
boundaries  of  said  Territory,  may  vote  on  the  day  last 
above  named  for  State  oflicers.  Supreme,  District,  and 
County  Judges,  Members  of  the  Legislature,  Member 
of  Congress,  and  three  Presidential  electors  to  the 
Electoral  College. 

Mr.  COLLINS.  I  move  to  make  the  same 
amendment  in  this  section  as  was  made  by  the 
Committee  in  Section  1  ;  that  is,  to  strike  out 
the  words  "  member  of,"  in  the  last  line  but 
one,  and  insert  instead  the  words  "  Representa- 
tive in." 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

Section  4  was  read,  as  follows  : 

Sec.  4.  The  elections  provided  in  this  ordinance 
shaU  be  holden  at  such  places  as  shall  be  designated  by 
the  Boards  of  Commissioners  of  the  several  coimties 
in  said  Territory.  The  Judges  and  Inspectors  of  said 
elections  shall  be  ainiointed  by  said  Commissioners, 
and  the  said  elections  shall  be  conducted  in  conformity 
with  the  existing  laws  of  said  Territory  in  relation  to 
holding  the  general  election. 

No  amendment  being  offered,  the  section,  as 
read,  was  adopted. 
Section  5  was  read,  as  follows  : 

Sec.  5.  The  Judges  and  InsiJectors  of  Elections 
shall  carefully  count  each  ballot  immediately  after  said 
elections,  and  forthwith  make  duplicate  returns  thereof 
to  the  Clerks  of  the  said  County  Commissioners  of 
their  respective  counties,  and  said  Clerks  shaU  imme- 
diately transmit  an  abstract  of  the  same,  inclosed  in 
an  envelope,  by  the  most  safe  and  exijeditious  convey- 
ance, to  the  Governor  of  said  Territory,  marked  "Elec- 
tion Returns." 

Mr.  JOHNSON.  I  would  ask  the  chainnan 
of  the  committee  whether  there  is  a  provision 
in  this  Ordinance  to  the  effect  that  these  votes 
shall  be  cast  with  the  use  of  separate  ballots  ? 
We  have  at  the  same  time  to  vote  for  a  Terri- 
torial Legislature,  and  I  desire  to  learn  whether 
there  is  anything  in  the  Ordinance  to  prevent 
that  vote  being  placed  upon  the  same  ballot 
with  the  vote  of  "  Constitution — Yes,"  or  "  Con- 
stitution—No ?" 

Mr.  COLLINS.  No,  sir ;  because  I  thought 
that,  being  a  Territorial  election,  the  vote  might 
all  be  taken  together,  on  one  ballot.    And  in 


17  th  day.] 


ORDINANCE. 


623 


Friday,]  Collins — Mason — Banks — Johnson — Warwick — Crosman— Sturtevant,  etc.  [July  22. 


the  subsequent  section,  in  relation  to  the  sol- 
diers' vote,  I  have  made  provision  for  but  one 
ballot,  as  gentlemen  will  see  when  that  is 
reached. 

No  amendment  being  offered,  the  section,  as 
read,  was  adopted. 

Section  6  was  I'ead,  as  follows  : 

Sec.  6.  Upon  the  receipt  of  said  returns,  and  the 
returns  of  the  soldiers'  vote,  as  hereinafter  provided, 
or  within  twenty  days  after  the  elections,  if  said  re- 
turns be  not  sooner  received,  it  shall  be  the  duty  of  the 
Board  of  Canvassers  —  to  consist  of  the  Governor, 
United  States  District  Attorney,  and  Chief  -Justice  ol 
said  Territory — to  canvass  the  returns  of  said  elections, 
both  Civil  and  Military,  in  the  presence  of  aU  who  may 
■wish  to  be  present,  and  immediately  pubUsh  an  ab- 
stract of  the  same  in  some  newspaper  of  said  Terri- 
tory, and  shall  forward  them  by  mail  or  otherwise 

copies  of  said  newsjiaper  to  the  clerks  of  each  county 
of  said  Territory,  for  the  use  of  the  county  and  township 
officers  thereof.  The  said  Board  shall,  after  the  said 
November  election  and  canvassing  of  its  votes,  issue 
certificates  of  election  to  such  ijcrsons  as  were  elected 
on  the  said  first  Tuesday  after  the  first  Monday  in  No- 
vember, A.  D.  1864.  The  Governor  of  said  Territory, 
immediately  after  ascertaimuf,'  that  this  Constitution 
has  Ijiiu  ratified  by  the  xjeoi>k-.  shall  make  proclama- 
tion lit  tlic'  fact  in  some  newspaper  as  aforesaid,  and 
thenccf(ii-th  this  Constitution  stiuU  be  ordained  and  es- 
tabhshed  as  the  Constitution  of  the  State  of  Nevada. 

Mr.  COLLINS.  Jt  will  be  seen  that  this  sec- 
tion contemplates  the  sending  of  a  blank  num- 1 
ber  of  the  newspaper,  containing  altstracts  of  j 
the  returns,  to  each  county,  fur  the  use  of  the 
county  otilcers,  instead  of  incurring  the  expense 
of  having  them  published  in  extetiso.  I  would 
like  to  see  that  blank  filled  up. 

Mr.  iM.\SON.  I  will  move  to  fill  the  blank 
with  the  word  "  ten." 

Mr.  IJANlvS.  I  think  that  is  not  enough. 
Certainly  ten  is  a  very  small  number.  1  under- 
stand the  proposition  to  be,  that  instead  of  pub- 
lishing any  great  number  of  these  election  re- 
turns, an  abstract  may  be  published  in  one 
newspaper — in  a  supplement,  1  snppose — and 
that  is  to  be  sent  to  the  county  clerks  for  distri- 
bution in  the  several  counties.  If  1  am  correct  j 
in  that,  then  I  think  there  ought  to  be  sent  to  { 
each  county  a  number  equal,  at  least,  to  the 
number  of  voters  in  such  county.  I  will  move 
to  amend  so  as  to  provide  for  sending  a  number 
to  each  county  corresponding  with  the  number 
of  voters  therein. 

Mr.  COLLINS.  I  would  inquire,  what  is  the 
necessity  for  that  ?  The  law  requires  that  elec- 
tion returns  shall  be  made  to  reach  certain  par- 
ties, and  hence  official  advertisement  is  made  ; 
but  in  this  case  it  is  presumed  that  the  whole 
Territory  will  understand  what  has  been  the 
result  of  the  election.  Every  local  paper  will 
publish  it  as  a  matter  of  news.  Now  suppose, 
for  instance,  that  twenty  papers  are  sent  to  each 
County  Clerk  ;  they  can  be  distributed  through 
the  county,  sent  to  different  persons  and  officers, 
and  posted  up  in  public  places,  and  the  neces- 
sary information  will  be  disseminated,  without 
any  doubt.  Last  year  the  returns  were  published 
in  every  county,  and  a  long  bill  of  expense  was 
run  up,  without  securing  any  material  advan- 
tage in  return.    I  think  if  a  certain  number  of 


the  abstract  of  returns,  as  published  officially 
in  one  newspaper,  is  provided  to  be  sent  to 
each  county,  that  is  all  that  is  required. 

Mr.  JOHNSON.  If  we  can  have  the  returns 
published  as  advantageously  as  last  year,  it 
might  be  well  to  publish  them. 

Mr.  BANKS.  As  it  relates  only  to  the  re- 
turns of  the  election,  I  will  withdraw  my  mo- 
tion. 

The  CHAIRMAN.  The  question  is  on  the 
motion  to  fill  the  blank  with  the  word  "  ten." 

Mr.  WARWICK.  I  move  to  amend  by  mak- 
ing the  number  fifty.  We  have  only  nine  coun- 
ties in  the  State,  and  it  will  be  a  very  small  ad- 
ditional expense.  I  think  fifty  is  a  small  enough 
number. 

Mr.  CROSMAN.  What  is  the  necessity  for 
sending  out  any  number  of  copies  of  the  official 
result?  As  the  gentleman  from  Storey  has 
stated,  every  newspaper  will  publish  the  result, 
and  every  voter  in  the  Territury  will  know  it 
long  before  the  official  returns  are  published. 

Mr.  COLLINS.  There  may  be  some  counties 
whei'e  no  newspapers  are  printed,  and  I  think 
it  would  he  well  to  furnish  leading  men  in  the 
several  towns  with  the  official  returns,  so  that 
they  may  post  them  up  for  public  information. 
In  those  counties  where  newspapers  are  pub- 
lished, I  have  no  doubt  the  infuriiuxtion  will  be 
furnished  through  such  newsjjapers. 

Mr.  CROS.MAN.  I  move  tu  amend  by  strik- 
ing out  all  that  part  relating  to  newspapers. 

The  CHAIRMAN.  It  is  not  now  in  order ; 
there  is  already  an  amendment  to  an  amend- 
ment. 

Mr.  STURTEVANT.  Last  year,  I  know,  it 
was  considered  quite  a  desirable  thing  to  ac- 
commodate those  counties  where  there  were  no 
newspapers,  but  I  am  of  the  opinion  that  pretty 
much  every  enlightened  man  in  the  Territory 
takes  at  least  one  good  newspaper,  and  certain- 
ly every  good  newspaper  will  publish  the  vote 
on  the  Constitution. 

Mr.  COLLINS.  This  provision  refers  also  to 
the  returns  of  the  election  of  State  officers. 

Mr.  STURTEVANT.  Very  well  ;  that  makes 
no  difference.  The  common  charge  of  the 
newspapers  for  such  a  publication  is  about  nine 
hundred  dollars.  I  believe.  I  hope  the  whole 
thing  will  be  voted  down. 

Mr.  WARWICK.  I  will  modify  my  amend- 
ment by  making  it  '■  one  hundred,"  instead  of 
"  fifty."  When  the  form  is  once  set  up,  the  ad- 
ditional copies  printed  will  cost  only  about  a 
cent  apiece,  and  I  do  not  believe  the  whole 
thing  will  cost  the  State  moi-e  than  one  hundred 
dollars. 

Mr.  HAWLEY.  I  hope  we  shall  decide  not 
to  furnish  any  copies  at  all,  because  I  believe 
the  bill  would  i)robably  be  extravagantly  high. 
I  think  the  gentleman  from  Lander  is  guided 
by  mere  opinion  on  the  subject  of  the  expense, 
rather  than  by  any  positive  knowledge,  and  in 
my  opinion,  there  is  no  newspaper  office  in  the 
Territory  that  would  set  up  a  form  containing 
the  entire  vote  of  the  Territory  of  Nevada,  at 


624 


ORDINANCE. 


[17th  daji 


Friday,] 


IIawlet — Crosman — Collins. 


[July  22. 


such  election,  for  any  such  sum  as  one  or  two 
hundred  doUars,  when  the  price  of  composition 
is  one  dollar  per  thousand  ems.  We  should  find 
that  the  bill  would  be  enormous,  and  I  really 
cannot  see  the  necessity  for  it,  or  any  advan- 
tage to  be  gained,  so  long  as  every  newspaper 
will  publish  the  result  as  a  matter  of  news. 
And  what  use  the  county  officials  can  make  of 
the  co])ies  sent  them,  is  entirely  beyond  my 
comprehension.  I  trust  that  we  shall  not  pro- 
vide for  incurring  any  such  expense. 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Warwick,  to  fill  the  blank  with 
the  words  "  one  hundred,"  and  it  was  not 
agreed  to. 

The  ([uestion  was  then  taken  on  the  motion 
of  Mr.  Mason,  to  fill  the  blank  with  the  word 
'•  ten."  and  it  was  not  agreed  to. 

Mr.  CROSMAN.  Now  my  motion  will  be  in 
order.  I  move  to  strike  out  all  that  part  of  the 
section  which  proposes  to  have  the  result  of 
the  election  published,  and  copies  sent  to  coun- 
ty clerks. 

Mr.  COLLINS.  I  hope  the  Convention  will 
not  strike  out  the  provision  for  publication.  If 
it  is  done,  how  are  they  to  get  it  into  the  news- 
papers ? 

Mr.  CROSMAN.  Any  paper  would  publish 
it  as  news. 

Mr.  COLLINS.  I  hope  the  amendment  will 
not  prevail.  It  should  be  the  duty  of  the  Board 
of  Canvassers,  after  getting  the  complete  re- 
turns, to  publish  them.  The  provision  for  send- 
ing copies  was  put  in  merely  with  a  view  to 
avoiding  the  great  expense  involved  in  publish- 
ing the  returns  from  the  whole  State  in  each 
county.  I  think  it  may  be  wise  to  strike  out 
that  provision,  but  certainly  the  official  abstract 
of  returns  ought  to  be  published,  under  the 
signatures  of  the  members  of  the  Board  of  Can- 
vassers. Such  a  publication  would  be  authori- 
tative, and  then  the  newspapers  could  scatter  the 
information  therein  contained  to  the  four  winds. 

The  SECRETARY.  What  is  the  portion  pro- 
posed to  lie  stricken  out? 

Mr.  CR(JSMAN.  I  will  modify  my  amend- 
ment so  as  to  strike  out  these  words  only  : 

"  Aud  shall  forward  them  by  mail  or  otherwise, 

copies  of  said  newspaper,  to  the  clerks  of  each  couuty 
of  said  Territory,  for  the  u.se  of  the  county  and  town- 
ship officers  thereof." 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

Section  7  was  read,  as  follows  : 

Sec.  7.  For  the  purpose  of  taking  the  vote  of  the 
electors  of  said  Territory  who  may  be  in  the  army  of 
the  Uuitf<l  States,  the  Adjutant-General  of  said  Tc-rri- 
tory  shall,  on  or  before  the  fifth  day  of  .\uKU8t  next 
foUowiny,  make  out  a  list  in  alphabctir-al  order,  and  de- 
liver the  same  to  the  (iovernor,  of  tlie  naiin'S  of  all  the 
electors,  residents  of  saidTi-rritory,  wlio  shall  be  in  the 
army  of  the  Ihuti-il  Stati-s,  statin^'' tin-  number  of  the 
rct,'inicut,  battalion,  s(puidroii  of  cavalry,  or  battery  of 
artillery,  and  tlic  litter  of  the  company  to  which  such 
elector  belongs,  and  also  the  county  aud  township  of 
his  residence  in  said  Territory, 


No  amendment  being  offered,  the  section,  as 
read,  was  adopted. 
Section  8  was  read,  as  follows  : 

Sec,  8,  The  Governor  shall  classify  and  arrange  the 
aforesaid  returned  list,  and  shall  m  ike  therefrom  separ 
rate  lists  of  the  electors  belonging  to  each  regiment, 
battalion,  squadron,  aud  battery  from  said  Territory  in 
the  service  of  the  United  States,  and  shall,  on  or  before 
the  fifteenth  day  of  August  following,  transmit,  by 
mail  or  otherwise,  to  the  comminding  officer  of  each 
regiment,  battaUon.  squadron,  and  battery  a  list  of 
electors  belonging  thereto,  which  said  list  shall  specify 
the  name,  residence,  and  rank  of  each  elector  aud  com- 
Ijany  to  which  he  belongs,  if  to  any,  and  also  the  county 
and  township  to  which  he  belongs  and  in  which  he  is 
entitled  to  vote. 

No  amendment  was  offered,  and  the  section, 
as  read,  Wiis  adopted. 
Section  9,  was  read,  as  follows  : 

Sec.  9.  Between  the  hours  of  nine  o'clock,  A.  M.,  and 
three  o'clock,  P.  M.,  on  each  of  the  election  days  here- 
inbefore named,  a  ballot  box  or  suitable  receptacle  for 
votes  shall  be  opened  under  the  immediate  charge  and 
direction  of  three  of  the  highest  officers  in  command, 
for  the  reception  of  votes  from  the  electors  whose 
names  are  upon  said  list,  at  each  place  where  a  regi- 
ment, battalion,  squadron,  or  battery  of  soldiers  from 
said  Territory  in  the  army  of  the  United  States  may  be 
on  that  day  ;  at  which  time  and  place  said  electors 
shall  be  entitled  to  vote  for  all  officers  for  which  by 
reason  of  their  residence  in  the  several  counties  in 
said  Territory  they  are  authorized  to  vote,  as  fully  as 
they  would  be  entitled  to  vote  in  the  several  counties 
and  townships  in  which  they  reside,  and  the  votes  so 
given  by  such  electors,  at  such  tima  and  place,  shall  be 
considered,  taken,  and  held  to  have  been  given  by 
them  in  the  respective  counties  and  townships  in 
which  they  are  resident. 

No  amendment  being  proposed,  the  section, 
as  read,  was  adopted. 
Section  10  was  read,  as  follows  : 

Sec.  10.  Each  ballot  deposited  for  the  adoption  or 
rejection  of  this  Constitution,  in  the  army  of  the  United 
States,  shall  have  distinctly  written  or  printed  thereon, 
"Constitution,  Yes,"  or  "Constitution,  No;"  and  fur- 
ther, for  the  election  of  State  officers,  Supreme,  Dis- 
trict, aud  County  Judges,  members  of  the  Legislature, 
member  of  Congress,  aud  three  Presidential  Electors, 
the  name  aud  office  of  the  person  voted  tor  shall  be 
plainly  written  or  i^rinted  on  one  piece  of  pajser.  The 
name  of  each  elector  voting  as  aforesaid  shall  be 
checked  upon  the  said  list  at  the  time  of  voting  by  one 
of  the  said  officers  having  charge  of  the  ballot-box. 
The  said  officers  having  charge  of  the  election  shall 
count  the  votes  and  comisare  them  with  the  checked 
list  immediately  after  the  closing  of  the  baUot-box. 

Mr.  COLLINS.  I  move  to  amend  this  section 
also,  by  striking  out  the  words  "  member  of," 
in  the  seventh  line,  and  inserting  instead  the 
words  "  Representative  in." 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  was  proposed,  and 
the  section,  as  amended,  was  adopted.     ^ 

Section  11  was  read,  as  follows  : 

Sec.  11.     All  the  ballots  cast,  together  with  the  said 

voting  list  checked  as  aforesaid,  shall  be  immediately 

sealed  up  and  sent  forthwith  to  the  Governor  of  said 

Territory,  at  Carson  City,  by  mail  or  otherwise,  by  the 

commanding  officer,  who  shall  also  make  out  and  cer- 

',  tify  duplicate  returns  of  votes  given  according  to  the 

forms  hereinafter  prescribed,  seal  up  and  immediately 

transmit  the   same   to  the   said   Governor,  at  Carson 

City,  by  mail  or  otherwise,  the  day  following  the  trans- 

j  mission    of   the  ballots,  and   the  voting  list  herein 

I  named. 


17th  day.] 


ORDINANCE. 


625 


Friday,] 


HovEY — Frizell — Johnson — Collins — Proctor — Hawley. 


[July  22. 


No  amendment  being  offered,  the  section  as 
read,  was  adopted. 
Section  12  was  read,  as  follows  : 

Sec.  12.  The  form  of  returns  of  votes  to  be  made 
by  the  commancliug  officers  to  the  said  Governor  shall 
be  as  follows,  viz  : 

Returns  of  soldiers'  votes  in  the  (here  insert  the 
regiment,  detachment,  battalion,  squadron,  or  battery.) 
(For  first  election — On  the  Constitution.) 

I ,  hereby  certify,  that  on  the  first  Wednes- 
day of  September,  A.  D.  1864,  the  electors  belonging 
to  the  (here  insert  the  name  of  the  regiment,  detach- 
ment, Isattalion,  squadron,  or  battery)  cast  the  follow- 
ing number  of  votes  for  and  against  the  Constitution 
for  the  State  of  Nevada,  viz  : 

For  "Constitution — Ves." — (Number  of  votes  writ- 
ten in  full  and  in  figures.) 

Against  "Constitution  — No."  —  Number  of  votes 
written  in  full  and  in  figures.) 

(Second  election — For  State  and  other  officers.) 

I ,  hereby  certify,   that  on  the  first  Tuesday 

after  the  first  Monday  in  November,  A.  D.  18(U,  the 
electors  belonging  to  the  (here  insert  as  above)  cast  the 
following  number  of  votes  for  the  several  offices  and 
persons  hereinafter  named,  viz  : 

For  Governor. — (Names  of  persons  voted  for,  num- 
ber of  votes  for  each  jierson  voted  for  written  in  full, 
and  also  in  figures,  against  the  name  of  each  person.) 

For  Lieutenant-Governor. — (Names  of  candidates, 
number  of  votes  cast  for  each,  written  out  and  in  fig- 
ures, as  above.) 

Continue  as  above  till  the  list  is  completed. 
Attest,  A.  B. 

Commanding  officer  of  the  (here  insert  regi- 
ment, detachment,  battahon,  squadron,  or  battery,  as 
the  case  may  be.) 

Mr.  HOVEY.  The  language  used,  as  the 
Secretary  read  it.  was  "  against  the  Constitu- 
tion, no."  It  seems  to  me  that  cannot  be  cor- 
rect. 

Mr.  FRIZELL.  That  is  the  correct  form. 
_  Mr.  JOHNSON.  I  suggest  that  in  the  third 
line,  after  the  words  •'  shall  be,"  we  should  in- 
sert the  words,  ••  in  substance.''  so  as  to  read, 
"  shall  be,  in  substance,  as  follows  " — so  that 
the  returns  may  not  be  invalidated  for  non- 
compliance with  the  literal  form,  as  prescribed, 
whilst  there  is  a  substantial  compliance.  It  is 
important  only  to  preserve  the  substance,  with- 
out regard  to  the  form  of  expression. 

Mr  COLLINS.  If  the  gentleman  will  offer 
that  as  an  amendment,  I  see  no  objection. 

Mr.  JOHNSON.  I  move  to  amend  by  insert- 
ing the  words  suggested. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

Section  13  was  read,  as  follows  : 

Sec.  13.  The  Governor  of  said  Territory  is  requested 
to  furnish  each  commanding  officer  within  and  beyond 
the  boundaries  of  said  Territory,  proper  and  suffi- 
cient blanks  for  said  returns. 

No  amendment  being  offered,  the  section,  as 
read,  was  adopted. 

Section  14  was  read,  as  follows  : 

Sec.  14.  The  provisions  of  this  ordinance  in  regard 
to  the  soldiers'  votes,  shall  apply  to  future  elections 
under  this  Constitution,  and  be  in  full  force  until  the 
Legislature  shall  provide  by  law  for  taking  the  votes 
of  citizens  of  said  Territory  in  the  army  of  the  United 
States. 

Mr.  COLLINS.    I  desire  to  offer  an  amend- 
Al4 


ment  in  Section  6,  in  regard  to  the  vote  on  the 
Constitution,  if  the  Secretory  will  read  the  sec- 
tion again. 

The  SECRETARY  read  Section  6. 

Mr.  COLLINS. .  I  desire  to  move  to  insert 
this  language  : 

"And  if  the  majority  of  aU  the  votes  cast  for  and 
against  this  Constitution  shall  be  in  its  favor,  then  the 
Governor  shaU  immediately  make  proclamation." 

Mr.  PROCTOR.  I  would  like  to  offer  an 
amendment  there,  to  strike  out  "  United  States 
District  Attorney.''  as  one  of  the  Board  of  Can- 
vassers, and  insert  instead  "  the  President  of 
this  Convention."' 

Mr.  JOHNSON.  No,  no.  Such  an  amendment 
would  conflict  with  the  Enabling  Act. 

Mr.  COLLINS.  The  language  in  the  Ena- 
bling Act  does  not  permit  it.  It  provides  that 
"  the  returns  of  said  election  shall  be  made  to 
the  acting  Governor  of  said  Territory,  who, 
with  the  United  States  District  Attorney  and 
Chief  Justice  of  said  Territory,  or  any  two  of 
them,  shall  canvass  the  same,"  etc. 

Mr.  PROCTOR.    I  withdraw  the  amendment. 

Mr.  COLLINS.  My  amendment  is  to  amend 
the  section  by  inserting  the  words  which  I  have 
read,  so  that  the  section  will  read  : 

"  Upon  the  receipt  of  said  returns  and  the  returns  of 
the  soldiers'  vote,  as  hereinafter  isrovided,  or  within 
twenty  days  after  the  elections,  if  said  returns  be  not 
sooner  received,  it  shall  be  the  duty  of  the  Board  of 
Canvassers,  to  consist  of  the  Governor,  United  States 
District  Attorney,  and  Chief  Justice  of  said  Territory, 
to  canvass  the  returns  of  said  elections,  both  civil  and 
mihtary,  in  the  jjresence  of  all  who  may  wish  to  be 
present,  and  if  the  majority  of  all  the  votes  cast  for 
and  against  this  Constitution  shall  be  in  its  favor,  then 
the  Governor  shall  immediately  publish  an  abstract  of 
the  same  in  some  newspaper  of  said  Territory,  and 
shall  make  proclamation  of  the  fact,"  etc. 

Mr.  JOHNSON.  Allow  me  to  suggest  that  a 
further  amendment  is  required  in  the  same  con- 
nection, which  might  be  made  at  the  same  time, 
so  as  to  render  this  section  conformable  to  the 
Enabling  Act.  It  is  to  add  af;er  the  names  of 
the  officers  constituting  the  Board  of  Canvas- 
sers, the  words  "  or  any  two  of  them."  Such 
is  the  reading  of  the  Enabling  Act. 

Mr.  COLLINS.  I  am  very  positive  that  those 
words  were  contained  in  my  original  draft  of 
the  ordinance. 

Mr.  HAWLEY.  It  seems  to  me  that  the 
phraseology  is  not  as  accurate  as  it  should  be. 
I  think  the  language  ought  to  be  "adoption  or 
rejection,"  instead  of  "for  and  against." 

Mr.  COLLINS.  Will  the  gentleman  point 
out  the  difference  between  the  two  forms  of 
expression  ? 

Mr.  HAWLEY.  I  am  not  particular  about 
the  language,  but  I  must  confess  that  I  would 
prefer  the  other  form. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  Collins,  and  it  was  agreed  to. 

Mr.  COLLINS.  Now  I  move,  in  accordance 
with  the  suggestion  of  the  gentleman  from 
Ormsby,  (Mr.  Johnson,)  to  insert  after  the  word 
'■  Territory,"  where  it  first  occurs,  the  words 
"  or  any  two  of  them." 


626 


ORDINANCE. 


[17th  day. 


Friday,]      Jounson— Collins— Chapin— Banks— Proctor— Hovey— Mason— Dunne.      [July  22. 


The  question  was  taken,  and  the  amendment 
■was  agreed  to. 

Mr.  JOHNSON.  I  desire  to  call  attention  to 
the  latter  part  of  this  section,  which  reads  as 
follows : 

"The  Governor  of  said  Territory,  immediately  after 
ascertaining  that  this  Constitution  has  been  ratified  by 
the  people,  shaU  malie  proclamation  of  the  fact  in  some 
newspaijer  as  aforesaid,  and  thenceforth  this  Constitu- 
tion shall  be  ordained  and  established  as  the  Constitu- 
tion of  the  State  of  Nevada." 

I  suggest  whether  this  is  not  unnecessary, 
since  the  amendment  just  adopted  in  the  former 
part  of  the  section,  and  also  whether  it  is  not 
really  in  conflict  with  the  Enabling  Act,  which 
makes  it  the  province  of  the  President  of  the 
United  States  to  issue  his  proclamation?  The 
language  of  the  Enabling  Act  is  : 

"  Whereupon  it  shall  be  the  duty  of  the  President  of 
the  United  States  to  issue  his  proclamation,  declaring 
the  State  admitted  into  the  Union  on  an  equal  footing 
■with  the  original  States,  without  any  further  action  on 
the  part  of  Congress." 

It  appears  to  me  that  the  Enabling  Act  is 
conclusive  un  that  point. 

Mr.  COLLINS.  I  think  we  have  a  right  to 
consider  that  when  this  Constitution  is  ratified 
by  the  people  of  this  Territory,  it  is  adopted 
by  the  Congress  of  the  United  States.  Congress 
has  simply  provided  in  the  Enabling  Act  that 
upon  the  receipt  of  oiflcial  information  of  such 
action  by  the  people,  the  President  shall  per- 
form the  ministerial  act  of  issuing  his  procla- 
mation. 

Mr.  JOHNSON.  I  submit  that  under  the 
Enabling  Act,  the  act  of  admission  is  not  com- 
plete until  the  President  of  the  United  States 
shall  have  issued  his  proclamation.  That  is 
the  act  of  completion  named  in  the  Enal)ling 
Act,  and  not  the  proclamation  of  the  Governor, 
or  of  any  other  person  in  authority. 

Mr.  COLLINS.  I  am  not  sure  but  the  sug- 
gestion is  a  good  one. 

Mr.  JOHNSON.  I  submit  it  merely  as  a 
suggestion.  I  do  not  think  there  is  any  neces- 
sity for  such  a  provision.  Neither  the  President 
of  the  United  States  nor  the  Governor  of  this 
Territory  can  add  to  or  subtract  from  the  terms 
and  conditions  of  the  Enabling  Act.  It  is  an 
authorized  Act  of  the  people  of  the  United 
States,  providing  for  our  admission  into  the 
Union  upon  certain  contingencies,  but  the  fact 
is  not  completed  until  the  President  shall  have 
issued  his  proclamation,  based  upon  the  action 
of  the  people  of  Nevada  adopting  the  Constitu- 
tion and  form  of  State  Government  which  their 
Convention  shall  have  framed.  That  consum- 
mates the  work,  and  to  provide  that  anybody 
else  shall  proclaim  the  fact  appears  to  me  to  be 
superfluous  in  the  extreme.  Therefore.  I  pro- 
pee  that  we  should  strike  out  all  that  portion  of 
tha  section. 

Mr.  CHAPIN.  If  the  President  should  for 
any  reason  withhold  his  proclamation,  a  pro- 
vision of  this  nature  would  place  us  in  rather 
an  embarrassing  position. 

Mr.  COLLINS.    I  would  ask  the  gentleman 


from  Ormsby  (Mr.  Johnson)  whether  this  will 
not  suit  his  idea  ?  Amend  that  latter  portion  of 
the  section  so  as  to  read  as  follows  : 

"  The  Governor  of  said  Territory,  immediately  after 
ascertaining  that  this  Constitution  has  been  ratified  by 
the  peoi)le,  shall  make  proclamation  of  the  fact  in  some 
newsjiaper  as  aforesaid,  and  when  the  President  of  the 
United  Stales  shall  have  issued  his  proclamation,  de- 
claring the  State  admitted  into  the  Union  on  an  equal 
footing  -with  the  original  States,  thenceforth  this  Con- 
stitution shall  be  ordained  and  established  as  the  Con- 
stitution of  the  State  of  Nevada." 

Mr.  JOHNSON.  The  main  objection  is,  that 
the  entire  matter  is  superfluous.  The  act  is 
fully  performed  when  the  President  of  the  Uni- 
ted States  issues  his  proclamation,  and  no  act 
of  the  Governor  or  anybody  else  can  impart 
additional  strength  to  it.  The  very  instant  the 
President  of  the  United  States  issues  his  procla- 
mation, the  work  is  completed,  and  the  State 
of  Nevada  at  once  becomes  one  of  the  States  of 
the  Union. 

Mr.  BANKS.  I  see  very  clearly  the  neces- 
sity for  an  amendment  of  the  character  sug- 
gested, and  I  hope  time  will  be  given  to  prepare 
one  in  proper  shape. 

Mr.  PROCTOR.  It  seems  to  me  it  would  be 
proper  to  strike  out  all  after  that  portion  re- 
quiring the  Governor  to  issue  his  proclamation. 

Mr.  JOHNSON.  It  may  be  well  enough  to 
provide  that  the  Governor  shall  declare  the  fact, 
if  the  Constitution  shall  be  adopted,  that  a 
majority  has  voted  in  its  favor.  We  might 
adopt  so  much  of  the  section  as  reads  thus  : 

"The Governor  of  said  Territory,  immediately  after 
ascertaining  that  this  Constituti<in  has  been  ratified  by 
the  people,  shall  make  proclamation  of  the  fact  in  some 
newspaper  as  aforesaid. " 

If  we  stop  here  it  is  quite  sufficient ;  and  I 
will  move,  as  an  amendment,  to  strike  out  all 
which  follows  the  language  I  have  just  quoted, 
in  the  last  three  lines  of  the  section  as  printed. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

Mr.  HOVEY.  ily  attention  has  been  called 
by  one  of  the  reporters  to  the  language  of  Sec- 
tion 12,  where  it  provides  for  the  mode  of  A^ot- 
ing  for  and  against  the  Constitution.  It  says, 
''Against  Constitution — No,"  and  there  appear 
to  be  two  negatives.  I  am  not  sure  about  the 
correctness  of  the  language. 

Mr.  MASON.  Two  negatives  become  equiva- 
lent to  an  afiirmative,  because  one  destroys,  or 
reverses  the  sense  of  the  other. 

Mr.  DUNNE.  That  is  all  right  as  it  reads. 
It  says,  "  For  Constitution — Yes."  and  "Against 
Constitution — No."  All  it  wants  is  a  comma, 
or  some  proper  jmnctuation  mark,  after  the 
words  "  for  "  and  "  against."  The  vote  "  for," 
is  understood  to  be  the  vote  "  Constitution — 
Yes,"  and  the  vote  "  against,"  is  the  vote  "  Con- 
stitution— No." 

Mr.  COLLINS.  There  is  simply  a  word  un- 
derstood there — the  word  "  Constitution."  If 
that  were  supplied  the  reading  would  be,  "For 
Constitution— Constitution,  Yes,"  and  "Against 
Constitution — Constitution,  No." 


17th  day.] 


ORDINANCE. 


627 


Friday,] 


Tagliabue — Banks — Collins— Frizell—Hawlet. 


[July  22. 


Mr.  TAGLIABUE.  If  there  is  no  further 
amendmcut.  I  move  the  adoption  of  the  Ordi- 
nance as  amended. 

Mr.  BxlNKS.  Is  there  any  provision  for  mak- 
ing returns  to  the  county  clerks? — or  is  it  pre- 
sumed that  the  Governor  will  transmit  them  ? 
It  occurs  to  me  that  official  information  should 
be  furnished  in  some  way  to  the  several  coun- 
ties, of  the  number  of  votes  cast  for  the  various 
candidates  for  county  officers.  It  will  be  ob- 
served that  by  the  terms  of  the  Ordinance,  the 
rules  therein  prescribed  are  to  govern  in  the 
election  of  all  officers  under  this  Constitution, 
and  the  provisions  in  regard  to  the  soldiers" 
vote  are  to  apply  to  future  elections,  until  the 
Legislature  shall  make  other  provisions  on  the 
subject.  I  may  be  in  error,  but  nevertheless  I 
make  the  inquiry. 

Mr.  COLLINS.  I  do  not  know  that  I  get  the 
idea  exactly. 

Mr.  BANKS.  In  this  Ordinance,  in  addition 
to  prescribing  rules  for  voting  for  and  against 
the  Constitution,  is  it  not  also  provided  that  the 
same  rules  shall  also  apply  in  voting  at  any 
elections,  previous  to  the  enactment  of  any  law 
on  the  subject  bv  the  Legislature  ? 

Mr.  COLLINS.     It  is. 

Mr.  BANKS.  Well,  my  inquiry  is— does  it 
provide  in  any  manner  for  the  making  of  re- 
turns of  such  elections  to  the  various  counties? 

Mr.  COLLINS.  It  requires  the  judges  and 
inspectors  of  elections  to  make  returns  of  the 
votes  to  the  respective  County  Commissioners, 
and  the  clerks  will  forward  the  returns  to  the 
Board  of  Canvassers. 

Mr.  BANKS.     How  about  the  soldiers'  vote  ? 

Mr.  COLLINS.  The  returns  are  to  be  made 
by  their  commanding  officers,  wherever  they 
may  be.  The  commanding  officer  is  required, 
immediately  upon  the  counting  of  the  votes  by 
the  three  highest  officers  in  command,  to  seal 
up  the  returns  and  send  them  forthwith  to  the 
Governor,  who,  after  the  canvass,  taking  the 
militviry  and  civil  returns  together,  is  required 
to   publish  an  abstract  of  the  same  in  some 

newspaper, copies  of  which  are  to  be  sent 

to  the  county  clerks.  No — that  latter  provi- 
sion, I  believe,  was  stricken  out. 

Mr,  BANKS.  Then  I  understand— this  provi- 
sion last  referred  to  having  been  stricken  out — 
that  there  is  really  no  provision  for  any  official 
mode  by  which  the  county  officers  of  the  vari- 
ous counties  are  to  be  notified  as  to  the  votes 
cast  for  the  local  officers.  That  being  the  case, 
it  will  be  necessary  to  adopt  some  such  provi- 
sion ;  and  I  think  our  action  in  striking  that  out 
was  hasty  and  ill  advised.  The  result  is,  that 
there  is  now  no  provision  made  for  notifying 
the  various  county  officers  of  the  number  of 
votes  cast  by  the  soldiers  for  local  officers,  and 
it  is  evidently  a  defect.  It  occurs  to  me  that 
the  best  thing  we  can  do,  is  to  reinstate  the 
portion  of  Section  6  which  was  stricken  out, 
and  fill  the  blank  with  some  number,  however 
insignificant.  One,  two,  or  five,  may  be  suffi- 
cient, but  some  number  of  copies  should  be  sent. 


Mr.  FRIZELL.  I  did  not  listen  attentively 
to  the  reading  of  the  entire  ordinance,  but  I 
would  call  the  attention  of  the  gentleman  from 
Humboldt  (Mr.  Banks)  to  the  fact  that  there  is 
a  provision  somewhere — it  may  be  in  the  Mis- 
cellaneous Provisions,  or  in  the  Schedule — to 
the  effect  that  the  county  officers,  elected  at  the 
Territorial  election,  shall  hold  over  under  the 
State  organization. 

Mr.  COLLINS.  I  would  say,  in  regard  to 
the  objection  that  has  been  raised,  that,  for  in- 
stance, in  voting  on  the  Constitution,  the  soldiers 
will  vote  for  Storey  County,  or  Ormsby  County, 
or  other  counties,  according  to  their  citizenship  ; 
but  there  is  now  no  means  of  getting  informa- 
tion to  the  counties,  except  through  the  newspa- 
pers which  will  publish  the  result,  and  the 
President's  proclamation. 

Mr.  BANKS.  I  see  the  point,  and  we  will 
have  to  put  in  something  in  the  place  of  that 
which  we  have  stricken  out. 

The  CHAIRMAN.  That  seems  to  be  the 
only  method  provided  for  notifying  the  county 
clerks. 

Mr.  BANKS.  I  ask  for  the  reading  of  that 
which  was  stricken  out. 

The  SECRETARY  read  as  follows  : 

"And  shall  forward  them  by  mail  or  otherwise 

copies  of  said  newspaper  to  the  clerks  of  each  county 
of  said  Territory,  for  the  use  of  the  county  and  towu- 
shiiJ  officers  thereof." 

Mr.  BANKS.  That  provides  for  just  this 
thing.  It  covers  the  point  exactly.  The  Gov- 
ernor receives  from  the  commanding  officers  of 
the  soldiers  statements  of  the  number  of  votes 
cast  by  them,  and  of  course  those  statements  in- 
clude the  counties  to  which  they  belong,  and 
then  there  is  a  publication  made  in  due  form,  of 
this  matter  which  has  thus  been  sent  to  the 
Governor,  and  he  sends  copies  of  that  publica- 
tion, or  will,  if  this  provision  be  reinstated,  to 
the  county  clerks,  for  the  information  of  the 
officers  and  the  people  of  each  county.  That 
seems  to  have  been  the  object  of  the  gentleman 
from  Storey  (Mr.  Collins)  in  framing  this  sec- 
tion ;  that  is,  thus  to  notify  the  people  of  the 
various  counties,  through  the  Governor,  as  to 
how  many  votes  the  soldiers  may  have  cast 
for  the  several  candidates  for  offices  in  each 
county. 

Mr.  HAWLEY.  Permit  me  to  suggest  to  the 
gentleman,  that  by  referring  to  the  language  of 
Section  6, 1  think  he  will  ascertain  that  it  is  ajj- 
plicable  only  to  the  votes  cast  for  and  against 
the  Constitution,  and  not  to  the  November 
election,  when  the  candidates  for  county  offices 
are  to  be  voted  for.  The  counties,  it  seems  to 
me,  cannot  be  so  much  interested  as  to  the 
number  of  votes  cast  by  the  soldiers,  one  way 
or  the  other,  on  that  question,  as  to  render  it 
necessary  to  incur  this  expense. 

Mr.  BANKS.  That  brings  up  another  thing, 
which  has  evidently  been  lost  sight  of. 

The  CHAIRMAN.  I  will  suggest  that  there 
is  no  question  before  the  committee. 

Mr.  BANKS.    I  trust  the  Chair  will  indulge 


628 


ORDINANCE. 


[17th  day. 


Friday,] 


Collins — Johnson — Banks. 


[July  22. 


me  a  moment,  previous  to  the  introduction  of 
any  amendment,  for  the  purpose  of  explanation, 
in  order  to  see  if  we  can  all  understand  this 
matter.  There  is  one  point.  I  say,  which  I 
think  has  been  very  generally  lost  sight  of.  1 
do  not  claim  to  be  familiar  with  the  subject, 
but  I  see  that  others  are  in  the  dark  as  well  as 
myself,  and  I  am  a  good  deal  surprised  to  learn 
that  the  members  of  the  Committee  on  Schedule 
have  not  made  themselves  as  familiar  with  it 
as  I  supposed  they  had,  for  I  was  willing  to  act 
on  the  matter  merely  upon  their  report.  Now, 
sir,  this  ordinance  prescribes  the  manner  in 
■which  the  votes  shall  be  cast  for  and  against 
the  Constitution,  and  it  also  provides  that  the 
mode  of  holding  the  election  therein  prescribed 
shall  obtain,  so  far  as  other  elections  are 
concerned,  until  such  time  as  the  Legislature 
shall  pass  laws  to  supersede  it.  Hence,  so  far 
as  elections  of  State  and  county  officers  are 
concerned,  before  the  Legislature  shall  have 
passed  laws  regulating  such  elections,  the  rules 
herein  prescribed  must  prevail,  to  the  exclusion 
of  all  other  rules.  For  that  reason,  I  hold  that 
it  is  necessary  to  reinstate  the  language  which 
we  have  stricken  out  of  this  section,  and  there- 
fore I  move  that  it  be  reinstated. 

Mr.  COLLINS.  This  section  makes  provision 
not  only  for  the  vote  on  the  Constitution,  but 
also  for  the  vote  on  the  State  officers.  It  says, 
upon  the  receipt  of  "said  returns" — that  is,  the 
returns  of  both  elections — it  shall  be  the  duty 
of  the  Board  of  Canvassers  to  do  certain  things 
— having  both  elections  in  view  all  the  time. 

"And  shall  forward  them,  by  mail  or  otherwise, 

copies  of  said  newsijaper  to  the  clerks  of  each  county 
of  said  Territory,  for  the  use  of  the  coiuity  and  town- 
ship officers  thereof." 

That  has  reference  to  both  elections,  and 
covers  the  entire  ground. 

Mr.  JOHNSON.  Does  not  the  canvass  of  the 
votes  for  State  officers  embrace  as  well  the 
canvassing  of  the  votes  for  members  of  the 
Legislature  ? 

Mr.  COLLINS.    Precisely. 

Mr.  JOHNSON.  I  submit  whether  it  is  usual 
or  customary  for  a  State  Board  to  canvass  the 
votes  and  ascertain  who  may  have  been  elected 
to  the  Legislature?  And  especially  in  view  of 
the  time,  which  is  a  matter  of  infinitely  more 
importance,  it  seems  to  me  that  the  canvass  of 
the  votes  for  members  of  the  Legislature  should 
be  made  by  the  officers  of  the  county. 

Mr.  COLLINS.  The  ordinance  requires  that 
in  each  county  the  inspectors  and  judges  of 
elections  shall  count  the  votes,  and  send  the  re- 
turns in  duplicate  to  the  clerk  of  the  County 
Commissioners,  and  the  clerk  then  prepares  an 
abstract  of  the  same,  which  is  sent  to  tlie  Board 
of  Canvassers  at  Carson.  That  is  in  compli- 
ance with  the  Enabling  Act,  and  I  have  fol- 
lowed the  language  of  the  Enabling  Act  as 
nearly  as  possible.  But  the  returns  are  still  in 
the  hands  of  the  County  Commissioners,  who 
can  proceed  to  canvass  the  votes  on  county 
officers. 


Mr.  JOHNSON.  I  do  not  think  it  reads  ex- 
actly in  that  way.  Here  is  Section  5  of  the 
Ordinance,  which,  I  take  it,  refers,  as  well 
as  Section  6,  to  the  vote  on  the  Constitution, 
and  it  only  provides  that  the  returns  shall 
be  made  to  the  clerks  of  the  County  Commis- 
sioners of  the  respective  counties,  an  abstract 
of  the  same  to  be  immediately  transmitted  to 
the  Governor.  Then  follows  Section  6,  provid- 
ing that  upon  the  receipt  of  said  returns,  and 
the  returns  of  the  soldiers'  vote,  they  shall  be 
canvassed  by  the  Board  of  Canvassers,  consist- 
ing of  the  Governor,  the  United  States  District 
Attorney,  and  the  Chief  Justice.  They  are  to 
canvass  "  the  returns  of  said  elections,  both 
civil  and  military,"  and  then  they  are  required 
immediately  to  publish  an  abstract  of  the  same, 
and  forward  copies  to  the  county  clerks,  by 
mail  or  otherwise.  I  submit  that  there  is  no 
provision  for  a  canvass  of  the  votes  for  county 
officers  or  members  of  the  Legislature  in  the 
respective  counties.  If  there  is,  I  certainly  am 
not  able  to  see  it. 

Ml-.  COLLINS.  I  think  the  gentleman  can 
find  it.    Section  5  provides  that — 

"  The  judges  and  inspectors  of  elections  shall  care- 
fully count  each  ballot  immediately  after  the  election, 
and  forthwith  make  dui)Ucate  returns  thereof  to  the 
clerks  of  the  said  County  Commissioners  of  their  re- 
spective counties." 

Mr.  JOHNSON.  Well,  what  is  to  be  done 
then  ? 

The  CHAIRMAN.  I  think  the  Committee  is 
without  a  quorum.  The  Secretary  will  count 
the  members  present. 

The  SECRETARY  reported  a  quorum  pres- 
ent. 

Mr.  COLLINS.  The  gentleman  from  Ormsby 
is  correct.    I  do  not  find  the  provision. 

Mr.  JOHNSON.  I  thought  so.  Now  I  sub- 
mit that  it  is  necessary.  Take  the  case,  for  ex- 
ample, of  the  District  Judges — 

Mr.  COLLINS.  I  think  it  must  have  been 
correct  in  the  original  ordinance.  I  think  I 
could  not  have  thus  overlooked  so  important  a 
matter. 

Mr.  JOHNSON.  There  may  be  a  close  elec- 
tion in  Humboldt  County,  for  instance,  but  the 
provision  in  Section  6  is,  that  the  returns  shall 
be  canvassed  by  the  State  Board  of  Canvassers, 
upon  the  receipt  ot  the  returns,  "  or  within 
twenty  days  after  the  election."  That  would 
bring  it  up  to  about  the  27th  of  November,  and 
it  is  proposed  that  the  Legislature  shall  convene 
on  the  first  Monday  in  December.  These  returns 
could  not  be  returned  from  the  seat  of  Gov- 
ernment in  season  for  the  members  to  reach 
there  at  the  appointed  time  for  the  assembling 
of  the  Legislature.  And  it  is  a  matter  of  yet 
greater  imi^ortance  in  reference  to  our  District 
Judges. 

Mr.  COLLINS.  I  am  confident  that  there  is 
some  mistake  in  the  printing.     It  must  be  so. 

Mr.  BANKS.  I  would  like  to  ask  a  question 
of  the  gentleman  from  Ormsby,  (Mr.  Johnson.) 
He  refers  to  the  importance  of  having  the  local 


ITth  day.] 


ORDINANCE. 


629 


Friday,]  Johnson— Banks— Collins— Gibson— Hawlby— Mason— Wetherili^—Duxxe.  [July  22. 


returns  made  to  the  Board  of  Commissioners, 
and  canvassed  by  them,  I  understand. 

Mr.  JOHNSON.    Yes,  sir. 

Mr.  BANKS.  Now,  sir,  the  gentleman  will 
observe  this,  that  there  can  be  no  official  deter- 
mination of  the  result,  until  the  soldiers'  vote 
is  obtained.  And  the  framer  of  this  ordinance 
evidently  had  in  his  mind  this  prominent  fact, 
of  the  necessity  of  ascertaining  what  has  been 
the  soldiers'  vote,  before  the  election  can  be 
officially  decided.  Therefore,  if  the  section  is 
lett  to  stand  just  as  it  is  in  the  original,  I  think 
no  very  great  hardship  or  evil  can  result.  It 
simply  provides  that  only  upon  the  return  of 
the  soldiers'  vote,  which  can  most  conveniently 
be  made  through  the  Governor,  can  the  result 
of  the  election  be  officially  decided.  I  think 
perhaps  it  would  be  well  enough  to  provide, 
however,  for  the  making  of  the  returns  directly 
to  the  county  officers. 

Mr.  JOHNSON.  I  have  advocated  no  propo- 
sition which  would  be  inimical  to  that.  My 
proposition  is  merely  that  the  votes  should  be 
canvassed  in  the  county. 

Mr.  BANKS.  That  'is,  so  far  as  the  home 
vote,  for  local  officers,  is  concerned. 

Mr.  JOHNSON.  There  is  nothing  contrary  to 
that  view  in  what  I  have  proposed.  The  return 
is  made  to  the  County  Commissioners,  and  they 
should  make  the  canvass. 

Mr.  BANKS.  Of  course  the  canvass  of  the 
home  vote  is  easily  made  in  the  way  proposed, 
and  I  think  it  is  desirable  ;  but  then  it  seems  to 
me  that  the  returns  of  the  soldiers'  vote  can 
best  be  made  by  sending  them,  in  the  first  place, 
from  the  place  where  the  soldiers  are  stationed 
to  the  Governor,  and  then  allowing  him  to  send 
them  to  the  various  counties. 

Mr.  JOHNSON.  If  that  is  required  to  be 
done,  there  is  another  obstacle  which  presents 
itself  The  time  becomes  so  short  that  we 
shall  be  compelled  to  change  our  programme 
in  regard  to  the  period  of  the  meeting  of  the 
Legislature,  and  also  when  the  District  Judges 
shall  enter  upon  the  discharge  of  the  duties  of 
their  office.  Twenty  days  after  the  election, 
allowed  the  Board  of  Canvassers  to  wait  for 
returns  of  the  soldiers'  vote,  brings  it  to  the 
27th  of  November,  and  then  there  is  only  from 
three  to  seven  days  intervening  between  the 
declaring  of  the  result  of  the  election,  and  the 
time  when  we  propose  that  the  DistricJ;  Judges 
shall  enter  upon  the  discharge  of  their  duties  ; 
and  not  only  that,  but  when  they  shall  actu- 
ally open  their  Courts.  I  submit  that  the  time 
mentioned  is  too  short  to  make  returns  from 
the  remote  counties  and  receive  them  back  in 
season  for  the  judges  to  enter  upon  their  duties. 
Mr.  BANKS.  How,  then,  would  the  gentle- 
man from  Ormsby  propose  to  get  the  soldiers' 
vote  ? 

Mr.  JOHNSON.  I  only  say  this,  that  if  we 
carry  out  our  original  programme  we  must 
devise  some  plan  ot  ascertaining  the  result  of 
the  election  more  speedily. 

Mr.  COLLINS.    I  wish,  in  justification  of  my- 


self, to  read  this  section  as  it  is  in  the  original, 
because  we  have  been  considering  a  printed 
copy.    In  the  original,  it  reads  as  follows  : 

"The  judges  and  inspectors  of  elections  shall  care- 
fullj'  count  each  ballot  immediately  after  the  election, 
and  forthwith  make  duplicate  returns  thereof  to  the 
clerks  of  the  said  County  Commissioners  of  their  re- 
spective counties,  and  said  clerks  shall  immediately 
transmit  an  abstract  of  the  same,  inclosed  in  an  en- 
velope, by  the  most  safe  and  expeditious  conveyance, 
to  the  Governor  of  said  Territory,  marked  '  Election 
Returns.' " 

I  felt  confident  that  I  could  not  have  made 
such  a  blunder. 

Mr.  GIBSON.  I  do  not  see  but  that  it  reads 
the  same  in  the  printed  copy. 

Mr.  HAWLEY.  I  did  not  observe  any  change 
as  it  was  read. 

Mr.  MASON.  I  move  a  reconsideration  of 
the  vote  adopting  Section  6. 

Mr.  HAWLEY.  I  rise  to  a  point  of  order. 
I  believe  the  motion  to  reconsider  has  already 
been  made  in  this  committee,  and  carried. 

The  CHAIRMAN.  It  was  reconsidered,  I 
think,  and  then  again  adopted. 

Mr.  WETHERILL.  I  would  like  to  ask  if 
the  Secretary  understands  that  the  section  has 
been  reconsidered  after  its  final  adoption. 

Mr.  BANKS.  I  made  a  motion  to  reconsider 
the  vote  %j  which  a  certain  portion  of  the  sec- 
tion was  stricken  out,  and  I  make  the  point  of  • 
order  that  the  question  now  before  the  commit- 
tee is  on  that  motion.  I  ask  for  a  ruling  upon 
that  point. 

Mr.  MURDOCK.  Let  me  ask  the  gentleman 
from  Humboldt  a  question.  Did  not  he  vote 
with  the  minority  on  that  amendment  ? 

Air.  DUNNE.  I  would  like  to  ask  a  question 
of  the  Chair. 

The  CHAIRMAN.  The  Chairman  will  en- 
deavor to  answer  it. 

Mr.  DUNNE.  I  would  ask  whether  he  con- 
siders that  it  is  in  order  to  reconsider  an  amend- 
ment to  a  section,  before  a  reconsideration  of 
the  adoption  of  the  section? 

Mr.  BANKS.  Allow  me  to  make  a  sugges- 
tion in  regard  to  that.  A  great  many  rather 
unparliamentary  practices  have  been  indulged 
here,  simply  because  the  body  is  small,  and 
the  members  not  disposed  to  be  captious  in  re- 
spect to  the  mode  of  proceeding.  I  do  not 
suppose  that  it  is  now  the  intention  of  this 
body  to  fall  back  upon  the  strict  requirements 
of  parliamentary  law. 

The  CHxlIRMAN.  I  find  I  was  mistaken. 
The  amendment  suggested  by  the  gentleman 
from  Humboldt  (Mr.  Banks)  has  not  been 
adopted  ;  neither  was  the  question  put  on  re- 
consideration. The  question  will  now  be  upon 
the  motion  of  the  gentleman  from  Humboldt, 
to  reinstate  the  language  which  was  stricken 
out  of  Section  6. 

Mr.  DUNNE.  May  I  be  allowed  to  say  a 
word  or  two  in  the  way  of  explanation,  as 
something  has  been  said  in  regard  to  the  dili- 
gence of  "the  Committee  on  Schedule  in  its  con- 
sideration of  this  ordinance.     I  will  say  that 


630 


SCHEDULE. 


[17th  day. 


Friday.] 


IIawley— Johnson— DuxxE— Collins— Banks— Wakwick. 


[July  22. 


this  Convention  has  heaped  duty  after  duty 
ui)on  that  committee,  until  the  burden  has  be- 
come almost  uusupportable.  First,  the  Sched- 
ule was  referred  to  that  committee,  which  was 
eminently  proper ;  then  the  whole  Article  on 
iliscellaneous  Provisions  ;  then  the  whole  Arti- 
cle on  Salaries,  with  all  the  ditferent  blanks  to 
be  tilled  after  careful  consideration  ;  and  then, 
ou  the  top  of  all  that,  the  committee  was  asked 
to  consider  this  long  and  intricate  ordinance. 
The  committee  has  held  five  or  six  sessions,  and 
two  nights  continued  in  session  till  twelve 
o'clock.  When  the  ordinance  was  brought  up 
I  believe  it  was  the  unanimous  sense  of  the 
committee  that  no  one  understood  better  about 
its  various  provisions  than  the  able  member 
who  drafted  and  presented  it  to  the  Convention, 
and  therefore  it  was  the  unanimous  voice  of 
the  committee  to  report  it  back  with  only  those 
slight  amendments  which  were  very  obviously 
necessary,  and  allow  its  author  to  explain  and 
defend  it  in  the  Convention. 

Mr.  HAWLEY.  I  understand  that  the  ques- 
tion now  is  upon  reinstating  the  language  which 
has  been  stricken  out  of  Section  6.  I  wish  to 
amend  the  amendment  by  inserting  other  words 
to  come  in  after  the  words  "  all  who  may  wish 
to  be  present." 

Mr.  JOHNSON.  If  the  gentleman  will  with- 
'  draw  the  amendment  for  a  moment,  I  will  state 
a  motion  which  I  desire  to  make,  and  which  I 
think  will  meet  with  general  concurrence.  It 
is  for  the  purpose  of  facilitating  our  labors,  and 
1  believe  it  will  result  in  rendering  them  more 
efficient.  I  am  satisfied  of  the  fact  that  this 
ordinance  has  not  been  printed  as  it  was  draft- 
ed. From  some  cause  or  other,  errors  have 
occurred,  not  through  any  fault  of  those  who 
have  procured  its  printing,  or  any  want  of  ap- 
preciation of  the  questions  involved,  but  from 
the  unavoidalde  haste  with  which  it  has  been 
l)ritited,  and  the  want  of  opportunity  to  read 
the  ])roof,  and  make  such  corrections  as  are 
usual  in  such  cases.  There  certainly  are  er- 
rors, from  whatever  cause  they  have  arisen, 
and  those  errors  can  best  be  corrected  by  the 
chairman  of  the  committee,  by  conferring 
witli  the  author.  The  motion  I  will  make,  if 
gentlemen  will  witlidraw  their  amendments, 
will  be  that  the  committtM-  rise  and  recommend 
that  the  article  be  recomn.itted. 

Mr.  HAWLKY.  1  will  withdraw  my  amend- 
ment. 

Mr.  DUNNE.  I  think  the  gentleman  is  mis- 
taken about  the  committee ;  it  did  not  origi- 
nate with  the  committee. 

Mr.  COLLINS.  It  will  make  no  difference 
to  me  to  whom  it  is  referred,  or  what  amend- 
ments are  adopted.  I  drafted  tlie  ordinance 
merely  to  facilitate  our  linsiness. 

.Mr.JOIlXSO.X.  I  will  move  at  the  proper 
time  that  it  be  referred  to  a  special  committee 
of  one,  if  you  please,  to  consist  of  the  gentle- 
man from  Storey,  (Mr.  Collins,)  with  authority 
to  make  all  necessary  corrections.  I  think 
that  will  onjy   be  doing  an  act  of  justice   to- 


ward the  gentleman  who  prepared  and  pre- 
sented the  ordinance. 

Mr.  BANKS.     I  Avithdraw  my  amendment. 

Mr.  JOHNSON.  The  motion  now  being  in 
order,  I  move  that  the  committee  rise  and  re- 
port the  ordinance  back  to  the  Convention,  with 
a  recommendation  that  it  be  referred  to  a  spe- 
cial committee  of  one.  for  correction  or  amend- 
ment, as  he  shall  deem  necessary. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

IN   CONVENTION. 

The  PRESIDENT  having  resumed  the  chair, 

The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
the  ordinance  concerning  elections,  had  made 
some  progress  therein,  and  had  instructed  him 
to  report  the  same  to  the  Convention  with  a  re- 
commendation that  it  be  referred  to  a  special 
committee  to  consist  of  Mr  Collins.  Also,  that 
the  Committee  of  the  Whole  ask  leave  to  sit 
again  for  the  further  consideration  of  said  ordi- 
nance. 

The  report  was  accepted,  leave  to  sit  again 
was  granted  accordingly,  and  the  ordinance 
was  refei-red  to  a  special  committee,  consisting 
of  Mr.  Collins,  in  accordance  with  the  recom- 
mendation of  the  Committee  of  the  Whole. 

Mr.  WARWICK  moved  (at  twenty  minutes 
past  nine  o'clock)  that  the  Convention  adjourn. 

The  PRESIDENT.  I  am  informed  that  the 
Committee  on  Schedule  is  prepared  to  report  a 
portion  of  the  Schedule. 

The  question  was  taken  on  the  motion  to  ad- 
journ, and  it  was  not  agreed  to. 

THE  SCHEDULE. 

Mr.  DUNNE,  from  the  Committee  on  Sched- 
ule, presented  the  following  report : 

Mr.  President  : — Your  committee,  to  whom  was 
referred  Article  XVIII,  eutitleil  Scliedule,  for  amend- 
ment and  perfection,  resinctluUy  report  a  portion  of 
the  same  back  to  the  Convention  for  adoijtion,.  amend- 
ed, as  follows  : 

AKTICLE  XVin. 

SCHEDULE. 

Section  1.  That  no  inconvenience  may  arise  by 
reason  of  a  change  from  a  Territorial  to  a  permanent 
State  Government,  it  is  declared  that  all  rights,  actions, 
l)i"osecutious,  judgments,  claims,  and  contracts,  as 
well  (if  individuaLs  as  of  bodies  corx^orate,  including 
counties,  towns,  and  cities,  shall  continue  as  if  no 
change  had  taken  jilaee  :  and  all  process  which  may 
issue  under  the  authority  of  the  Territory  of  Nevada, 
Ijrevious  to  its  admission  into  the  Union  as  one  of  the 
United  States,  shall  be  as  vaUd  as  if  issued  in  the  name 
of  the  State  of  Nevada. 

Sec.  2.  All  laws  of  the  Territory  of  Nevada,  In 
force  at  the  time  of  the  admission  of  this  State,  not  re- 
pugnant to  this  Constitution,  shall  remain  in  force 
until  they  expire  by  their  o■»^l  Umitiitions,  or  be  alter- 
ed or  repealed  by  the  Legislatixre. 

Sec.  3.  All  tines,  penalties,  or  forfeitures  accruing 
to  the  Territory  of  Nevada,  or  to  the  peojile  of  the 
United  States  in  the  Territory  of  Nevada,  shall  inure 
to  the  State  of  Nevada. 

Sec.  4.  AU  recognizances  heretofore  taken,  or  which 
may  be  taken  before  the  change  from  a  Territorial  to  a 
permanent  State  Government,  shall  remain  valid,  and 
shall  pass  to,  and  may  be  prosecuted  iu  the  name  of 


17th  day.] 


SCHEDULE. 


631 


Friday,] 


Dunne — Chapin. 


[July  22. 


the  State  ;  and  all  bonds  executed  to  the  Governor  of 
the  Territory,  or  to  any  other  officer  or  court  in  his  or 
their  official  capacity,  or  to  the  people  ef  the  United 
States  in  the  Territory  of  Nevada,  shall  pass  to  the 
Governor,  or  other  officer  or  court,  and  his  or  their 
successors  in  office,  for  the  uses  therein  respectively 
expressed,  and  may  be  sued  on,  and  recovery  had  ac- 
cordingly; and  all  property,  real,  jiersonal,  or  mixed, 
and  all  judgments,  bonds,  specialties,  choses  in  ac- 
tion, claims  and  debts  of  whatsoever  description,  and 
all  records  and  public  archives  of  the  Territory  of  Ne- 
vada, shall  issue  to  and  vest  in  the  State  of  Nevada, 
and  may  be  sued  for  and  recovered  in  the  same  man- 
ner and  to  the  same  extent  by  the  State  of  Nevada,  as 
the  same  could  have  been  by  the  Territory  of  Nevada. 
All  criminal  prosecutions  and  penal  actions  which  may 
have  arisen,  or  which  may  arise  before  the  change  from 
a  Territorial  to  a  State  Government,  and  which  shall 
then  be  pending,  shall  be  prosecuted  to  judgment  and 
execution  in  the  name  of  the  State.  AU  offenses  com- 
mitted against  the  laws  of  the  Territory  of  Nevada 
before  the  change  from  a  Territorial  to  a  State  Govern- 
ment, and  which  shall  not  be  prosecuted  before  such 
change,  may  be  iirosecuted  in  the  name  and  by  the 
authority  of  the  State  of  Nevada  with  like  effect  as 
though  such  change  had  not  taken  iJlace,  and  all  pen- 
alties incurred  shall  remain  the  same  as  if  this  Consti- 
tution had  not  been  adopted.  All  actions  at  law  and 
suits  in  equity,  and  other  legal  proceedings,  which 
may  be  pending  in  any  of  the  courts  of  the  Territory 
of  Nevada  at  the  time  of  the  change  from  a  Territorial 
to  a  State  Government,  may  be  continued  and  trans- 
ferred to  and  determined  by  any  court  of  the  State 
which  shall  have  jurisdiction  of  the  subject  matter 
thereof.  AU  actions  at  law,  and  suits  in  equity,  and 
all  other  legal  proceedings,  which  may  be  pending  in 
any  of  the  courts  of  the  Territory  of  Nevada  at  the 
time  of  the  change  from  a  Territorial  to  a  State  Gov- 
ernment, shall  be  continued  and  transferred  to,  and 
may  be  prosecuted  to  judgment  and  execution  in  any 
court  of  the  State  which  shall  have  jurisdiction  of  the 
subject  matter  thereof ;  and  all  books,  papers,  and 
records,  relating  to  the  same,  shaU  be  transferred  in 
like  manner  to  such  court. 

Sec.  5.  Until  otherwise  provided  by  the  Legislature, 
the  apportionment  of  Senators  and  Assemblymen  in 
the  different  counties  shall  be  as  follows  :  Storey 
County,  four  Senators  and  twelve  Assemblymen  ; 
Douglas  County,  one  Senator  and  two  AssembljTnen  ; 
Esmeralda  County,  two  Senators  and  three  Assembly- 
men ;  Humboldt  County,  one  Senator  and  three  As- 
semblymen ;  Lander  County,  two  Senators  and  four 
Assemblymen  ;  Lyon  County,  one  Senator  and  three 
Assemblymen;  Lyon  and  ChurchUl  Counties,  one  Sen- 
ator; Churchill  County,  one  Assemblyman ;  Nye  Coun- 
ty, one  Senator  and  one  Assemblyman ;  Ormsby  Count}', 
two  Senators  and  three  Assemblymen  ;  Washoe  and 
Roop  Counties,  two  Senators  and  three  Assemblymen. 

Sec.  6.  AU  debts  and  UabUities  of  the  Territory  of 
Nevada,  lawfuUy  incurred,  and  which  remain  unpaid 
at  the  time  of  the  admission  of  this  State  into  the 
Union,  shall  be  assumed  by,  and  become  a  debt  of  the 
the  State  of  Nevada. 

Your  committee  further  report  that  they  have  strick- 
en out  Sections  5,  6,  7,  8,  9,  10  and  11,  and  the  proviso 
in  Section  12,  of  the  article,  as  contained  and  presented 
in  the  old  Constitution,  and  recommend  the  adoption 
of  the  preceding  portion  of  their  report.  Your  com- 
mittee retain  the  remainder  of  the  article  for  further 
consideration. 

AU  of  which  is  respectfuUy  submitted. 

Dunne,  Chairman  pro  tern. 
Mr.  DUXNE  also  submitted  the  following  as 
a  minority  report  from  the  same  committee  : 

The  undersigned,  a  minority  of  the  Committee  on 
Schedule,  dissents  from,  and  is  oi5i)osed  to,  the  adoia- 
tion  of  Section  5,  relative  to  the  apportionment  of  rep- 
resentation. E.  F.  DUJfKE. 

The  report  was  accepted,  and  the  article  re- 
ferred to  the  Committee  of  the  Whole. 


COMMITTEE    OF   THE   WHOLE — SCHEDULE. 

On  motion  of  Mr.  CHAPIN,  the  Convention 
resolved  itself  into  Committee  of  the  Whole, 
(Mr.  Chapin  in  the  Chair,)  and  took  up  for  con- 
sideration that  portion  of  Article  XVIII,  enti- 
tled "  Schedule,"  which  had  just  been  reported. 

CONTINUANCE    OF    RIGHTS,   ACTIONS,   ETC. 

The  SECRETARY  read  Section  1,  as  follows  : 
Sectiok  1.  That  no  inconvenience  may  arise  by 
reason  of  a  change  from  a  Territorial  to  a  ijermanent 
State  Government,  it  is  declared  that  all  rights,  actions, 
prosecutions,  judgments,  claims,  and  contracts,  as  vvell 
of  indi\'iduals  as  of  bodies  corj)orate,  including  coun- 
ties, towns,  and  cities,  shaU  continue  as  if  no  change 
had  taken  j^lace ;  and  aU  process  which  may  issue  un- 
der the  authority  of  the  Territory  of  Nevada,  previous 
to  its  admission  into  the  Union  as  one  of  the  United 
States,  shall  be  as  valid  as  if  issued  in  the  name  of  the 
State  of  Nevada. 

No  amendment  being  olfered,  the  section,  as 
read,  was  adopted. 

CONTINUANCE    OF   TERRITORIAL   LAWS. 

Section  2  was  read,  as  follows  : 

Sec.  2.  AU  laws  of  the  Territory  of  Nevada,  in  force 
at  the  time  of  the  admission  of  this  State,  not  rejjug- 
nant  to  this  Constitution,  shaU  remain  in  force  until 
they  exi^ire  by  their  own  limitations,  or  be  altered  or 
repealed  by  the  Legislature. 

No  amendment  being  offered,  the  section,  as 
read,  was  adopted. 

TRANSFER   OF   FINES,   ETC. 

Section  3  was  read,  as  follows  : 

Sec.  3.  AU  fines,  penalties,  or  forfeitures,  accruing 
to  the  Territory  of  Nevada,  or  to  the  peojile  of  the 
United  States  in  the  Territory  of  Nevada,  shaU  inure 
to  the  State  of  Nevada. 

No  amendment  was  offered,  and  the  section, 
as  read,  was  adopted  : 

TRANSFER   OF   RECORDS,  ACTIONS,  LEGAL   PROCEED- 
INGS,  ETC. 

Section  4  was  read,  as  follows  : 

Sec.  4.  All  recognizances  heretofore  taken,  or  which 
may  be  taken  before  the  change  from  a  Territorial  to  a 
permanent  State  Government,  shall  remain  valid,  and 
shall  pass  to,  and  may  be  prosecuted  in  the  name  of 
the  State ;  and  all  bonds  executed  to  the  Governor  of 
the  Territory,  or  to  any  other  officer  or  court  in  his  or 
their  official  capacity,  or  to  the  people  of  the  United 
States  in  the  Territory  of  Nevada,  shall  pass  to  the 
Governor,  or  other  officer  or  court,  and  his  or  their 
successors  in  office,  for  the  uses  therein  resijectively 
expressed,  and  may  be  sued  on,  and  recovery  had  ac- 
cordingly ;  and  aU  proiierty,  real,  personal,  or  mixed, 
and  aU  judgments,  bonds,  specialties,  choses  in  action, 
claims  and  debts  of  whatsoever  description,  and  all 
records  and  public  archives  of  the  Territory  of  Neva- 
da, shaU  issue  to  and  vest  in  the  State  of  Nevada,  and 
may  be  sued  for,  and  recovered  in  the  same  manner 
and  to  the  same  extent  by  the  State  of  Nevada,  as  the 
same  could  have  been  by  the  Territory  of  Nevada.  AU 
criminal  prosecutions  and  penal  actions  which  may 
have  arisen,  or  which  may  arise  before  the  change  from 
a  Territorial  to  a  State  Government,  and  which  shaU 
then  be  pending,  shaU  be  prosecuted  to  judgment  and 
execution  in  the  name  of  the  State.  All  offenses  com- 
mitted against  the  laws  of  the  Territory  of  Nevada 
before  the  change  from  a  Territorial  to  a  State  Govern- 
ment, and  which  shaU  not  be  prosecute  1  before  such 
change,  may  be  [irosecuted  in  the  name  and  by  the 
authority  of  the  State  of  Nevada,  with  Uke  effect  us 


632 


SCHEDULE. 


[17th  day. 


Friday,] 


K  EXNE  DT— Collins— Warwick— DuxxE. 


[July  22. 


though  such  change  had  not  taken  place,  and  all  penal- 
ties incurred  shall  remain  the  same  as  if  this  Consti- 
tutiou  had  not  been  atlopted.  All  actions  at  law  and 
suits  in  equity,  and  other  legal  proceedings,  which 
mav  be  pending  iu  any  of  the  courts  of  the  Territory 
of  Nevada  at  the  time  of  the  change  from  a  Territorial 
to  a  State  Government,  may  be  continued  and  trans- 
ferred to  and  determined  by  any  court  of  the  State 
which  shall  have  jurisdiction  of  the  subject  matter 
thereof.  -Ul  actions  at  law  and  suits  in  equity,  and  all 
other  legal  proceedings  which  may  be  pending  in  any 
of  the  courts  of  the  Territory  of  Nevada,  at  the  time 
of  the  change  from  a  Territorial  to  a  State  Government, 
Bhall  be  continued  and  transferred  to,  and  may  be  pro- 
secuted to  judgment  aud  execution  iu  any  court  of  the 
State  which  shall  have  jurisdiction  of  the  subject  mat- 
ter thereof;  and  all  books,  papers,  and  records,  relating 
to  the  same,  shall  be  transferred  in  like  naanner  to  such 
court. 

Mr.  KENNEDY.  I  call  attention  to  the  word 
'•  and,"  in  the  clause  relating  to  criminal  prose- 
cutions.    It  says : 

"All  criminal  prosecutions  and  penal  actions  which 
may  have  arisen,  or  which  may  arise  before  the  change 
from  a  Territorial  to  a  State  Government,  and  which 
shall  then  be  pending,  shall  be  prosecuted,"  etc. 

I  think  the  word  should  be  "  or."' 

Mr.  COLLINS.  No  ;  I  think  ••  and  ■'  is  the 
proper  word  to  use  there. 

Mr.  AVAR  WICK.  If  the  gentleman  attentive- 
ly reads  the  whole  sentence,  I  think  he  will  find 
that  the  word  *'  and  "  is  perfectly  proper  in  that 
place. 

Mr.  KENNEDY.  It  seems  to  me  that  a  crim- 
inal case  might  "  arise."  but  not  be  "  pending.'" 

Mr.  WARWICK.  The  words,  -  or  which  may 
arise  befure  the  change  from  a  Territorial  to  a 
State  Government,"  are  parenthetical.  Strike 
out  the  parentheses,  and  then  try  it. 

Mr.  KENNEDY.  Then  you  ought  to  embrace 
them  within  parentheses. 

Mr.  WARWICK.  Not  at  all ;  it  would  read 
just  the  same,  with  or  without,  so  far  as  •'  and  •' 
is  concerned — 

"  -■Ul  criminal  prosecutions  and  penal  actions  which 
may  have  arisen,  aud  which  shall  then  be  pending" — 

I  do  not  see  that  it  makes  any  difference 
which  way  you  read  it. 

Mr.  KENNEDY.  Very  well ;  if  others  are 
satisfied  with  the  reading,  I  am. 

No  amendment  being  offered,  the  section,  as 
read,  was  adopted. 

Al'POUTIOXMEXT. 

Section  .5  was  read,  as  follows  ; 

Sec.  5.  Until  otherwise  provided  by  the  Legislature, 
the  apportionment  of  Senators  and  Assemblymen  in 
the  different  counties  shall  be  as  follows:  Storey  Coun- 
ty, lour  Senators  and  twelve  Assemblymen;  Douglas 
County,  one  Senator  aud  two  Assemblymen;  Esmer- 
alda County,  two  Senators  and  three  .Aissemblymen ; 
Humboldt  County,  one  Senator  and  three  Assembly- 
men ;  Lander  County,  two  Senat<jrB  aud  four  Assem- 
blymen ;  Lyon  County,  one  Senator  and  three  Asseni- 
Ijlymcu;  Lyon  and  Churchill  Counties,  one  Senator; 
Churchill  County,  one  A!<sembljinan;  Nye  County,  one 
Senator  aud  one  Assemblyman;  Ormsby  County,  two 
Senators  and  three  Assemblymen ;  Washoe  and  Roop 
Counties,  two  Senators  and  three  Assemblymen. 

Mr.  DUNNE.  I  move  to  amend  the  appor- 
tionment so  far  as  regards  lluiiib(^ldt  Cuunty, 
by  striking  out  "  one  Senator,'"  and  inserting 
"  two  Senators  "  instead. 


Mr.  KENNEDY.  Where  would  you  take  the 
other  Senator  from  ? 

Mr.  DUNNE.  This  apportionment  has  been 
made.  Mr.  Chairman,  upon  the  basis  of  the  one 
adopted  by  the  last  Constitutional  Convention. 
There  have  been  no  changes  made  from  that,  I 
believe,  in  any  except  two  instances,  and  those 
were  made  solely  for  the  purpose  of  giving 
representation  to  a  new  county,  which  has  been 
organized  since  that  Convention  was  held.  In 
order  to  do  that,  without  increasing  the  number 
of  Senators  and  Assemblymen  above  the  num- 
ber we  had  before,  which  increase  the  commit- 
tee desired  to  avoid,  if  possible,  it  has  been 
found  necessary  that  some  of  the  counties  should 
be  made  to  suffer,  and  it  appears  from  the  i-e- 
I)ort  of  the  committee  that  Humboldt  is  one  of 
those  counties. 

Mr.  COLLINS.  I  think  Storey  County  has 
been  reduced  in  its  representation  by  the  report. 

Mr.  DUNNE.  No,  sir  ;  Storey  has  the  same 
as  before. 

Mr.  COLLINS.  Then  she  had  not  enough 
before. 

Mr.  DUNNE.  Storey,  and  every  other  coun- 
ty, has  been  allowed  the  same,  with  the  two  ex- 
ceptions to  which  I  have  alluded,  and  which  I 
will  now  specify.  It  seemed  proper,  in  the 
opinion  of  the  majority  of  the  committee,  to 
give  the  new  County  of  Nye  one  Senator  and 
one  Assemblyman,  and  in  order  to  do  that  with- 
out making  any  increase,  it  was  necessary  to 
take  one  Senator  away  from  one  county,  and 
one  Assemblyman  away  from  another.  The 
committee  finally  determined  to  do  this  by  de- 
priving Humboldt  County  of  one  of  its  Sena- 
tors, while  Esmeralda  was  called  upon  to  give 
up  one  Assemblyman. 

Now  if  the  basis  of  representation  is  to  be 
population — and  that,  I  believe,  is  required  by 
the  Enabling  Act — I  cannot  see  the  justice  of 
making  that  distinction  against  Humboldt — a 
county  which,  at  the  last  Territorial  election, 
polled  twelve  hundred  and  twenty-four  votes. 
1  am  aware,  of  course,  that  the  votes  are  not 
the  basis  of  representation — that  the  only  basis 
is  population — and  that  therefore  the  county 
which  may  poll  only  five  hundred  votes,  if  it 
has  a  po])ulatlon  of  three  thousand,  is  entitled 
to  as  many  rejjresentatives  as  the  county  wliich 
contains  three  thousand  voters  but  has  no  other 
population.  I  know  there  are  some  counties 
whose  vote  is  small,  but  whose  representation  is 
perhaps  justifiable  by  their  having  an  amount 
of  population  sufficient  to  put  them  on  a  par 
with  counties  which  cast  a  far  greater  number 
of  votes.  Hut  by  making  a  comparison  be- 
tween the  different  counties — comparing  not 
only  their  votes,  but  also  their  population,  as  it 
may  be  deduced  from  the  reports  of  the  Super- 
intendent of  Public  Instruction,  in  the  absence 
of  other  oflicial  sources  of  information — we 
may  be  led  to  form  some  conclusions  which 
will  bo  more  definite  and  reliable  than  mere 
assertions,  as  to  what  is  the  population  of  cer- 
tain counties,  as  compared  with  others. 


17th  day.] 


SCHEDULE. 


633 


Friday,] 


Kennedy — Dinne — Taguabue — Collins. 


[July  22. 


My  own  opinion  is,  that  the  population  of| 
Humboldt  is  considerably  larger  than  that  of 
Lyon  ;  and  I  form  that  opinion,  not  alone  from 
the  fact  that  Humboldt  polled  twelve  hundred 
and   twenty-four  votes  last  fall,  but  also  from 
what  I  know  of  the  number  of  families  there  , 
are  living  in  the  different  towns,  and  settled  in 
the  numerous  rich  valleys  of  that  county.     For 
there  are  many  fertile"  valleys  in  Humboldt, 
some  of  which  may  be  unknown  to  many  mem- 
bers of  the  Convention.     There  is  one  especial- 
ly, called  Paradise  Valley,  which  is  estimated  to  j 
contain   nearly  fifty  thousand   acres   of   good  | 
farming  lands,  fit  for  settlement  and  cultivation,  i 
And  the  report  of  the  Superintendent  of  Public  ; 
Instruction  shows  that  there  are  one  hundred  i 
and  seventy-seven  children   in  that  county,  of 
the  ages  at  which,  as  prescribed  by  law.  they 
may  attend  the  public  schools.     The  same  re- 
port shows  that  in  Lyon  County  there  are  two 
hundred  and  forty  children  within  the  ages  re- 
quired to  attend  school,  or  about  that  number 
— some  odd  figure,  I  believe,  in  addition.   Now 
that  difference  is  not  very  great,  and  the  vote 
of  Lyon  County,  I  believe,  is  not  as  large  as 
that  of  Humbofdt.    If  I  am  incorrect  in  that,  I 
shall  be  most  happy  to  be  set  right. 

Mr.  KENNEDY.  What  is  the  gentleman's 
statement  ? 

Mr.  DUNNE.  I  said  I  believed  the  vote  of 
Lvon  County  was  not  as  large  as  that  of  Hum- 
boldt. 

Mr.  KENNEDY.  I  will  state  that  at  the 
election,  last  fall,  it  was  larger.  And  that  is 
the  vote  upon  which  the  calculation  was  made. 
I  examined  that  matter  particularly,  and  our 
vote  was  next  to  that  of  Storey,  being  ahead 
even  of  Washoe. 

Mr.  DUNNE.  In  reply  to  that  I  will  say, 
that  a  member  of  the  Convention,  who  was  also 
a  member  of  the  last  Constitutional  Conven- 
tion, appeared  before  the  Committee  on  Sched- 
ule, and  laid  before  that  Committee  an  abstract 
of  the  votes  cast  in  the  several  counties  at  the 
last  election ;  and  according  to  that  abstract, 
which  was  before  the  committee  during  its  de- 
liberations, the  vote  of  Humboldt  at  the  last 
election  was  twelve  hundred  and  twenty-four, 
and  that  of  Lyon  was  twelve  hundred  and  twen- 
ty-one. If  there  be  any  mistake  in  the  matter, 
it  is  in  the  abstract,  and  in  the  representation 
that  was  made  to  me  on  the  subject,  while  sit- 
ting in  that  committee,  by  a  gentleman  who  was 
a  member  of  the  last  Constitutional  Conven- 
tion, and  who  is  now  in  the  chair.  I  take  that 
abstract  as  the  basis,  and  I  still  believe  it  to  be 
correct ;  and  it  shows  that  the  vote  of  Hum- 
boldt County  was  twelve  hundred  and  twenty- 
four,  and  that  of  Lyon  was  twelve  hundred  and 
twentj'-one,  the  difference,  although  very  small, 
being  in  favor  of  Humboldt.  I  supposed  that 
the  vote  of  Humboldt  was  about  twelve  hun- 
dred, but  I  did  not  know  the  precise  figiu-es 
until  that  abstract  was  presented.  I  would 
also  suggest  to  the  members  of  the  Convention, 
who  are  so  anxious  for  the  adoption  of  the 


Constitution,  that  so  unjust  a  distinction  against 
Humboldt  would  be  but  a  poor  recommenda- 
tion for  it  in  that  countv. 

Mr.  TAGLIABUE.  f  regret  to  call  the  gen- 
tleman to  order,  but  it  is  getting  late,  and  he 
has  exhausted  his  time. 

Mr.  COLLINS.  I  hope  that  amendment  will 
not  prevail,  because,  while  I  want  to  see  Hum- 
boldt County  fairly  and  fully  represented,  I 
really  feel  that  instead  of  increasing  the  repre- 
sentation of  Humboldt,  we  ought  to  diminish 
that  of  the  other  counties.  And.  sir.  I  confess 
my  very  great  astonishment  that  at  this  time, 
when  retrenchment  and  reform  are  so  loudly 
demanded,  we  should  have  a  proposition 
brought  before  us  to  impose  iipon  this  new 
State  a  Legislature  equal  in  number  almost  to 
that  of  an}"  of  the  great  States  of  the  Union. 
I  confess  my  astonishment  that  gentlemen 
should  be  willing,  in  this  hour  of  financial  and 
pecuniary  distress,  to  saddle  upon  our  young 
State  the  expense  of  maintaining  a  Legislature 
of  fifty-one  or  fifty-two  members,  when  thirty 
members,  or  thirty-nine  at  the  most,  would  an- 
swer every  practical  purpose.  Why  should 
gentlemen  contemplate  such  a  thing  now.  when 
it  would  hardly  be  justifiable  at  any  time  in 
the  future,  when  our  material  wealth  may  be 
quadrupled,  and  our  population  possibly  five, 
or  even  ten  times  as  great  as  at  the  present 
time?  I  cannot  understand  what  should  prompt 
such  a  course  of  policy  under  existing  circum- 
stances. 

ilr.  DUNNE.  Will  the  gentleman  allow  me 
a  word  of  explanation? 

Mr.  COLLINS.     Si,  sehor. 

Mr.  DUNNE.  Csied  habla  propiamenfe,  en 
espahol.  senor.  [Laughter.]  It  is  not  from  a 
desire  of  making  a  large  body  of  the  Legisla- 
ture that  I  have  offered  my  amendment,  but 
simply  because  I  desire  that  my  county  shall 
be  represented  equally  with  the  others. 

Mr.  COLLINS.  I  understand  the  object  of 
the  gentleman  as  he  states  it.  But  I  contend, 
while  I  do  not  wish  to  see  any  injustice  done 
to  any  county,  or  any  portion  of  the  Territory, 
that  Storey  County,  for  example,  would  be  as 
well  represented  with  half  the  number  here  des- 
ignated, as  she  would  be  with  double  that  num- 
ber. I  contend  that  (Jrmsby  County  would  be 
as  well  represented  by  some  one  of  the  gentle- 
men now  representing  that  county  on  this  floor, 
as  she  would  be  by  a  more  numerous  delega- 
tion. It  is  not  the  number  of  representatives 
that  gives  force  and  power  to  a  delegation,  or 
that  constitutes  the  justice  of  an  apportionment, 
but  the  correct  idea  is.  that  all  sections  shall  be 
fully  and  fairly  represented.  I  do  really  hope 
that  this  Convention  will  look  this  matter  of 
the  expense  to  be  incurred  fairly  in  the  face. 
When  we  had  under  consideration  the  question 
whether  we  should  pay  our  legislators  six  dol- 
lars or  eight  dollars  a  day,  I  voted  very  cheer- 
fully for  the  larger  sum.  because  I  think  we  had 
better  pay  them  more  money  and  cut  down  the 
number,  rather  than  increase  the  number,  and 


63-1 


SCHEDULE. 


[17th  day. 


Friday,] 


Banks — Chairmax — Johnson — Dunne — Collins. 


[July  22. 


cut  down  the  pay.  I  trust  that  the  Convention, 
after  looking  the  difficulty  fairly  in  the  face, 
will  deeidi"  to  have  a  less  number  of  members 
of  the  Legislature,  and  at  the  same  tiiue  will 
make  such  an  apportionment  as  shall  be  equal 
and  just. 

Mr.  BANKS.  The  views  expressed  by  the 
gentleman  from  Storey  correspond  with  my 
own  on  that  su])ject. 

The  CHAIRMAN.  The  gentleman  frotu  Hum- 
boldt is  out  of  order,  and  so  was  the  gentleman 
who  i)receded  him.  The  atuendment  is  merely 
to  strike  out  the  word  "  one,"  and  insert  "  two," 
and  that  is  the  only  question  now  before  the 
committee. 

Mr.  BANKS.  I  am  hajipy  to  be  corrected  at 
any  time  upon  a  point  of  order,  but  I  cannot  help 
observing  that  such  points  are  almost  always 
suggested  when  I  have  the  tloor.  Now  my  col- 
league from  Humboldt  has  presented,  in  sup- 
port of  his  atuendment,  certain  statements  con- 
cerning the  population  of  our  county.  Those 
Ptatements  are  strictly  true  ;  but  they  depend 
upon  causes  which,  perhaps,  some  members  of 
the  committee  do  not  understand,  and  therefore 
I  wish  to  explain  those  causes. 

The  CHAIRMAN.     That  will  be  in  order. 

Mr.  BANKS.  The  statement  of  my  colleague 
is  substantially  that  our  population  is  larger 
than  that  of  some  of  the  counties  adjoining  us, 
in  proportion  to  our  vote.  This  arises  from 
the  fact  that  a  great  many  faiuilies  coming 
across  the  Plains  stop  in  Humboldt  County,  to 
make  that  their  permanent  home.  I  suppose 
there  is  no  other  county  in  the  Territory  that 
attracts  and  retains  so  large  a  proportion  of  the 
overland  immigration,  and  hence  it  is,  that,  as 
my  colleague  has  said,  our  population  is  much 
larger  in  proportion  to  our  vote,  than  that  of 
some  of  the  counties  which  are  considerably 
nearer  to  the  California  line.  Not  only  in  the 
mining  portion  of  the  county,  but  also  in  our 
beautiful  vallevs  and  fertile  grazing  districts, 
those  persons  have  found  it  desirable  to  settle, 
to  establish  their  housciiold  gods,  to  build  up 
permanent  homes  ;  and  the  pros])ect  is  that  the 
population  of  the  county  will  continue  to  in- 
crease in  that  manner,  so  that  in  all  probability 
by  the  time  tlie  next  apportionment  is  made, 
the  excess  of  our  population  over  our  vote,  as 
compared  with  otlier  counties,  will  be  even 
larger  tiian  now. 

Mr.  .JOHNSON.  I  did  not  precisely  under- 
stanil  what  the  point  of  order  was  upon  which 
the  Chair  decided  the  gentleman  from  Hum- 
boldt to  be  out  of  order. 

The  CHAIRMAN.  It  was  this:  The  gentle- 
man from  Storey  (Mr.  Collins)  had  been  dis- 
cussing the  propriety  of  cutting  down  the 
number  of  the  Legislature,  establishing  a  new 
basis  of  apportionment ;  and  the  Chair  under- 
stood the  gentleman  from  Humboldt  (Mr. 
Banks)  to  take  up  the  discussion  of  the; 
same  (luestion,  wliich.  upon  the  considera- 
tion of  this  amendment,  really  was  not  in 
order,  being  foreign  to  the  question. 


Mr.  BANKS.  Not  at  all.  I  did  not  propose 
to  discuss  that  question  at  all. 

The  CHAIRMAN.  Then  the  Chair  begs  the 
gentleman's  pardon. 

Mr.  JOHNSON.  The  amendment  presented 
involves  the  question  of  an  increase  of  the 
number  of  members  l)eyond  that  reported  by 
the  Committee  on  Schedule.  I  submit,  there- 
fore, that  the  question  before  the  committee  in- 
volves the  propriety  of  either  increasing  or 
diminishing  the  number,  and  hence  the  discus- 
sion of  that  question,  especially  when  we  are 
in  Committee  of  the  Whole,  I  judge  to  be  en- 
tirely in  order. 

Tlie  CHAIRMAN.  The  gentleman  will  pro- 
ceed. 

Mr.  JOHNSON.  I  would  like  to  call  the 
attention  of  the  gentleman  from  Storey,  (Mr. 
Collins,)  to  what  I  am  about  to  say.  Assuming 
that  it  is  legitimate  to  discuss  at  this  time  the 
subject  of  the  number  of  the  members  of  our 
State  Legislature,  and  I  so  regard  it,  I  propose 
only  to  reiterate  what  I  have  said  in  the  com- 
mittee, that  I  thought  it  advisable  to  have  the 
larger,  rather  than  the  smaller  number  of  repre- 
sentatives, which  some  gentleman  had  suggest- 
ed. I  have  nothing  to  say  further  at  this  time, 
however,  in  regard  to  the  proportion  of  the 
representation  to  be  allowed  to  Humboldt 
County,  except  this  :  that  if  we  add  one  Senator 
for  that  county,  we  shall  have  a  Senate  of  eigh- 
teen members,  and  an  Assembly  of  only  thirty- 
five  ;  whereas,  the  generally  received  idea  is, 
that  the  number  of  Assemblymen  should  be 
just  double  that  of  the  Senators — and  I  believe 
furthermore  that  there  is  a  clause  in  another 
article  of  our  Constitution  which  establishes 
that  as  the  proportion. 

Mr.  DUNNE.  I  suggest,  then,  that  instead  of 
robbing  Peter  to  pay  Paul,  we  should  give 
back  not  only  the  Senator  to  Humboldt,  but 
also  the  Assemblyman  to  Esmeralda,  thus 
making  the  relative  numbers  exactly  right — • 
eighteen  and  thirty-six. 

Mr.  JOHNSON.  As  to  this  matter  of  reduc- 
ing the  number  of  members.  I  wish  to  add  that 
I  was  somewhat  surprised  at  the  course  of  my 
friend  from  Storey,  (Mr.  Collins.)  for,  if  I  mis- 
take not,  be  was  in  favor  of  paying  the  mem- 
bers of  the  Legislature  liberally,  and  aided  by 
his  vote  in  incieasing  the  per  dieiu  from  the  rate 
which  was  first  reixirted,  although  now  he  wishes 
to  diminish  the  number  on  account  of  the  ex- 
pense to  the  State  of  supjjorting  large  legislative 
bodies.  The  gentleman  bows  assent,  from  which 
I  infer  that  I  have  not  misstated  his  position.  But 
I  observe  that  the  reduction  in  number  which 
he  advocates,  with  the  increased  jiay,  would 
not  have  the  effect  of  reducing  the  exjjense  be- 
low what  it  would  l)e  with  the  larger  number 
and  the  smaller  per  diem. 

Mr.  C(  )LL1NS.     I  have  all  the  figures. 

Mr.  JOHNSON.  So  have  I.  When  the  ques- 
tion of  per  diem  was  under  consideration,  a 
motion  was  made  to  strike  out  six  dollars  and 
insert  eight,  and  the  majority  deemed  it  proper 


17th  day.] 


SCHEDULE. 


635 


Friday,] 


Kennedy — Mason — Donne — Frizell— Warwick. 


[July  22. 


to  make  that  amendment  against  ray  protesta- 
tions. I  have  nothing  to  offer  in  regard  to  that 
action  of  the  Convention,  only  this :  that  I  do 
not  wish  to  hear  so  much  talking  about  econ- 
omy, unless  gentlemen  are  willing  to  practice 
it—  and  I  hope  no  one  will  understand  this  re- 
mark as  being  made  in  any  unkind  spirit. 

Now,  sir,  I  have  made  a  hasty  calculation  in 
regard  to  how  much  additional  burden  has 
been  placed  upon  this  wo-begone  State  Treas- 
ury, by  that  one  amendment.  Taking  the  num- 
ber of  members  reported  by  the  Committee  on 
Schedule,  in  the  section  under  considei'ation.as 
the  basis,  I  estimate  that  the  increased  expense 
will  be,  for  the  first  session  of  the  Legislature, 
$9,180,  and  for  the  next  session  S(),120.  And 
on  the  supposition  that  we  are  to  have  annual 
sessions  for  three  years,  the  additional  expendi- 
ture in  that  time  will  be  $21,420 — an  average 
of  over  seven  thousand  dollars  a  year.  That 
amount  of  annual  expenditure  might  very  well 
have  been  saved  to  the  State,  if  the  gentleman 
from  Storey,  and  other  members,  had  concurred 
with  the  counsels  of  myself  and  others  in  that 
respect. 

And  for  one,  sir,  I  would  prefer  to  have  the 
larger  representation,  and  pay  the  members  less, 
rather  than  the  smaller  representation,  and  pay 
them  more.  I  conceive  that  one  of  the  material 
safeguards  of  the  people,  is  a  numerous  repre- 
sentation in  the  Legislature.  There  is  then  less 
danger  of  passing  what  has  been  so  frequently 
and  justly  characterized  as  "  thieving  bills."  It 
will  be  infinitely  more  difficult,  with  a  numerous 
representation  in  the  Legislature,  to  enact  bills 
of  that  character,  than  it  would  be  with  a  small 
representation.  For  that,  if  for  no  other  rea- 
son, I  am  in  favor  of  the  larger  representa- 
tion ;  and  I  would  very  much  prefer  to  cut 
down  the  pay,  even  considerably  lower  than 
was  at  first  proposed,  rather  than  to  decrease 
the  number.  I  think  the  people  would  be  ben- 
efited by  adopting  that  course  far  more  than 
by  i-educing  the  number  of  members,  and  in- 
creasing their  pay. 

So  far  as  this  amendment  involves  the  giving 
of  another  Senator  to  Humboldt  County,  I 
have  no  means  of  ascertaining  exactly  the 
population  of  that  county.  1  thought  in  the 
committee,  however,  as  I  do  now,  that  the  ap- 
portionment, as  agreed  upon  then,  was  approxi- 
mately correct.  There  are  other  gentlemen, 
however,  who  have  more  accurate  knowledge 
and  intimate  acquaintance  with  that  subject, 
and  I  hope  they  will  enlighten  those  of  us  who 
have  not  the  same  means  of  infonnation. 

Air.  KENNEDY.  I  desire  to  propose  an 
amendment,  which  is  rather  of  the  nature,  how- 
ever, of  a  verbal  correction.  It  is  simply  to 
add  the  word  ''jointly,"'  after  the  words  "Lyon 
and  Churchill  Counties."  It  is  hardly  in  order, 
I  suppose,  but  I  will  offer  it,  as  I  think  there 
can  be  no  objection. 

The  CHAIRMAN.  It  should  be  a  separate 
amendment,  and  there  is  another  subject  now 
before  the  committee. 


Mr.  MASON.  I  move  to  amend  the  amend- 
ment offered  by  the  gentleman  from  Humboldt, 
by  adding  another  Assemblyman  to  Esmeralda 
County,  so  as  to  read,  "  Esmeralda  County,  two 
Senators  and  four  Assemblymen." 

Mr.  DUNNE.     I  accept  the  amendment. 

Mr.  MASON.  I  consider  that  in  this  appor- 
tionment, Esmeralda  County  is  unjustly  treated. 
Sir,  we,  who  come  here  from  that  county,  rep- 
resent one  of  the  largest  and  most  important 
counties  in  the  Territory  ;  a  county  vast  in  ex- 
tent, and  embracing  wealth — well,  I  do  not 
know  exactly  how  much.  [Merriment.]  Be- 
sides our  rich  mining  region,  we  have  a  mag- 
nificent farming  country.  Our  population  is 
increasing,  and  our  resources  are  being  devel- 
oped. I  will  not  occupy  the  time,  but  will 
only  say,  that  to  strike  out  one  of  our  Assem- 
blymen, as  the  original  section  proposes  to  do, 
it  seems  to  me,  would  be  an  act  of  the  grossest 
injustice  to  the  county  of  Esmeralda. 

Mr.  DUNNE.  The  amendment  offered  by  the 
gentleman  from  Esmeralda,  and  which  I  have 
accepted,  obviates  the  objection  which  was 
suggested  by  the  gentleman  from  Ormsby,  (Mr. 
Johnson.)  that  by  adding  one  Senator  to  Hum- 
boldt we  should  be  making  the  two  houses  of 
the  Legislature  disproportionate  in  number, 
and  thereby  infringing  a  constitutional  provis- 
ion. The  amendment,  as  now  modified,  will 
make  the  Senate  consist  of  eighteen  membei's, 
and  the  Assembly  of  exactly  double  that  num- 
ber, to  wit,  thirty-six ;  so  that  the  numbers  of 
the  two  branches  will  be  relatively  correct.  At 
the  same  time  it  restores  what  has  been  taken 
away  from  both  Humboldt  and  Esmeralda 
Counties.  If  the  apportionment  on  the  old 
basis  is  just,  it  ought  to  remain,  and  I  do  not 
think  we  can  adopt  a  better  one. 

Mr.  FRIZELL.  I  have  an  amendment  which 
I  would  like  to  read  for  information.  It  is 
based  upon  the  idea  that  the  Senators  should 
represent  more  especially  the  counties  —  the 
localities  from  which  they  are  chosen — and  not 
the  people  only.  My  amendment,  therefore, 
proposes  to  give  to  each  county  one  Senator, 
with  the  exception  of  Storey  County. 

Mr.  DUNNE.  Oh,  I  think  Storey  should  have 
a  Senator,  too.     [Merriment.] 

Mr.  FRIZELL.  I  said  one  Senator  for  each 
county  except  Storey,  but  my  modesty  forbade 
me  to  mention  the  number  which  [  think 
Storev  County  ought  to  have.     [Laughter.] 

Mr.'  WARWICK.  Do  not  let  modesty  stand 
in  the  way. 

Mr.  FRIZELL.  As  to  the  number  of  Sena- 
tors. I  think  that  would  be  the  proper  principle 
to  adopt,  and  then  it  would  be  easy  to  settle 
the  question  of  apportionment  so  far  as  relates 
to  that  branch.  Take,  for  example,  the  United 
States  Senate.  There  each  Senator  represents 
a  locality,  namely  the  State,  rather  than  the 
people  of  the  State  ;  and  in  like  manner  our 
Senators  might  represent  their  respective  coun- 
ties. The  largest  State  in  the  Union  sends  but 
two  Senators  to  the  United  States  Senate,  and 


636 


SCHEDULE. 


[17th  day. 


Friday,] 


Collins — Mason — AVarwick. 


[July  22. 


every  small  State  is  entitled  to  be  represented 
there  by  the  same  number.  My  reason  for  sug- 
gesting this  amendment  is,  that  under  the  pres- 
ent plan  it  appears  to  be  impossible  to  do 
exact  justice  to  every  county.  To  some  coun- 
ties it  is  proposed  to  give  two  Senators,  whilst 
to  others,  with  about  the  same  population — 
and  probably  in  some  instances  the  ditference 
\\  ill  not  exceed  forty  or  tifty — but  one  Sena- 
tor is  allowed.  That  is  manifest  injustice,  and 
if  my  proposition  shall  meet  with  favor,  it  will 
remove  that  injustice  by  serving  all  the  coun- 
ties alike. 

Mr.  COLLINS.  I  see  no  difficulty  in  the  way 
of  making  an  equitable  apportionment,  b\it  at 
the  same  time  it  occurs  to  me.  as  I  have  already 
stated,  that  the  rei)resentation  should  be  cut 
down  very  materially,  throughout.  We  can  fix 
upon  a  number  as  the  Senatorial  basis,  and  then 
in  the  case  of  any  county  which  has  not  suf- 
ficient population  to  be  entitled  to  send  one 
Senator,  let  us  create  a  Senatorial  District, 
by  uniting  that  with  some  adjoining  county. 
Let  us  agree  upon  the  number  of  Senators  we 
will  have — say  thirteen,  for  example — then  di- 
vide them  among  the  counties  as  far  as  practi- 
cable ;  and  when  two  counties  come  together, 
neither  of  which  is  entitled  by  population  to  a 
Senator,  let  us  unite  them  into  one  Senatorial 
District.  It  is  a  matter  which  may  be  easily 
adjusted. 

13ut  what  I  wish  more  strenuously  to  insist 
upon,  is  the  importance  of  reducing  the  num- 
ber. Not  only  will  that  effect  a  diminution  of 
the  expense,  but  it  will  increase  the  rapidity  of 
transacting  the  legislative  business  of  the  State. 
Here  it  is  propo.sed,  for  instance,  that  Storey 
County  shall  have  the  enormous  representation 
of  sixteen  members,  including  both  houses ; 
but  I  will  ask  what  complication  of  difficulties 
exists  that  is  going  to  prevent  eight  men  from 
representing  that  county,  and  as  clearly  and 
forcibly  maintaining,  advocating,  and  defending 
all  its  interests,  as  the  larger  number  of  six- 
teen? I  ask  if  the  same  principle  will  not  iiold 
good  in  regard  to  any  other  C(nuity?  Some  of 
them  are  represented  in  this  Convention  by  but 
one  individual  ;  and  judging  from  the  talent 
they  have  sent  here,  I  am  of  opinion  that  any 
one  of  them  might  be  represented  by  one  man, 
or  two  men.  as  the  case  may  be,  as  well  as  by 
three  or  four.  For  it  is  not  alone  tiie  numl)er 
of  any  delegation  that  gives  it  influence  and 
power,  but  also,  and  to  a  greater  degree,  tiie 
intelligence  and  altility  of  the  members  com- 
posing that  delegation.  Tiierefore,  I  contend 
that  the  smaller  the  num])er  of  representatives 
the  better,  so  long  as  we  do  not  leave  large 
sections  of  country  wholly  unrepresented. 

Why,  sir,  the  representation  wiiich  we  have 
here,  would  give  New  York,  upon  the  sanu;  ba- 
sis, a  Legislature  of  several  iutndred  members, 
but  in  that  State  I  know  that  a  very  large  extent 
of  territory  often  has  to  be  includeil,  in  order 
to  obtain  population  enough  for  a  single  repre- 
sentative, and  two  or  three,  or  even  as  many  as 


four  counties,  are  sometimes  united  in  a  single 
Senatorial  District.  Nevertheless,  I  hold  that 
New  York  is  a  pretty  good  State  to  copy  from. 
Take  Massachusetts  as  an  example,  also.  It  is 
notorious  that  when  the  Massachusetts  House 
of  Representatives  was  an  exceedingly  numer- 
ous body — containing  upwards  of  three  huiulred 
members,  I  believi;,  in  some  years — there  was 
great  embarrassment  and  delay  of  business,, in 
consequence  of  the  unwieldy  size  of  the  body. 
And  if  gentlemen  will  look  at  the  State  Consti- 
tutions which  have  been  recently  framed,  they 
will  find  that  small  delegations  have  been 
the  order  of  the  day,  almost  invariably.  Let 
us  follow  those  examples.  Give  us  a  chance  to 
grow  and  expand,  and  when  our  population 
and  resources  will  warrant  it,  we  can  increase 
our  Legislature  to  the  maximum  number  of 
seventy-five,  which  has  already  been  fixed  upon. 
But  in  the  mean  time,  in  the  days  of  our  infan- 
cy, let  us  establish  a  much  smaller  number. 
Thirty,  thirty-six,  or  thirty-nine  at  most,  is  as 
large  a  number  as  we  ought  to  afford,  with  our 
l)resent  pojjulation. 

Mr.  MASON.  I  would  not  perhaps  object  so 
much  to  reducing  the  number  throughout,  but 
under  the  present  circumstances — and  I  wish  to 
cure  one  disease  at  a  time— according  to  the 
apportionment  which  we  now  have  under  con- 
sideration, I  think  if  we  give  Esmeralda  one 
more  Assemblyman,  and  Humboldt  one  more 
Senator,  it  will  be  about  a  fair  and  equal  ap- 
portionment. 

But,  sir,  I  know  something  about  the  ability 
and  talent  of  the  Legislature  of  New  York,  to 
which  the  gentleman  from  Storey  has  referred 
as  an  example,  and  while  I  concede  that  there 
have  been  able  men  in  that  body,  yet  at  the 
same  time  I  have  known  of  representatives  of 
that  State,  of  the  Rip  Van  Winkle  stamp — men 
who  seemed  actually  to  have  slept  for  as  long  a 
period  as  Washington  Irving  relates  of  that  cel- 
ebrated New  Yorker.  No  doubt  New  York  has 
produced  some  great  men,  but  it  has  had  its 
proportion  of  fools  also. 

Mr.  COLLINS.  The  gentleman's  bead  is 
clear  on  that  subject.     [Laughter.] 

Mr.  WARWICK.  I  will  state  that  under  the 
present  basis  of  representation  in  California, 
Sacramento,  which  has  a  population  fully  as 
larg((  as  that  of  Storey  County,  is  represented 
in  the  Legislature  by  only  seven  members,  and 
1  think  that  number  is  quite  sufficient.  It  .seems 
to  me  that  it  would  be  full  as  well  to  cut  down 
the  number,  as  suggested  by  the  genthsman 
from  Storey,  (Mr.  Collins.)  I  am  not  in  favor 
of  making  an  increase,  so  long  as  the  ratio  is 
e(iual.  and  if  the  same  reduction  could  binnado 
throughout  the  State.  I  would  have  no  objec- 
tion to  Lander  County  being  represented  by 
one  Senator  and  two  Assemblymen,  instead  of 
two  Senators  and  four  Assemblymen.  While 
retrenchment  is  the  order  of  the  day,  I  am 
ratlier  inclined  to  favor  tliat  proposition. 

iMr.  COLLINS.  I  will  move  now,  if  it  is  in 
order,  that  the  Committee  of  the  Whole  recom- 


17th  day.] 


SCHEDULE. 


637 


Friday,] 


Wetherill — Collins — Banks — Johnson — Dunne — Mason. 


[July  22. 


mend  that  this  whole  question  of  apportion- 
ment be  referred  to  a  special  committee  of 
three,  with  instructions  to  report  such  an  ap- 
portionment that  the  number  of  the  Lefjislature 
in  both  branches  shall  not  exceed  thirty-nine 
members. 

Mr.  WETHERILL.  I  suggest  that  it  should 
be  a  committee  of  one  from  each  county. 

Mr.  COLLINS.  Very  well  ;  I  like  that  bet- 
ter. 

Mr.  BANKS.  I  have  no  special  objection  to 
a  reference,  if  it  is  deemed  necessary,  but  the 
committee  which  has  already  had  the  subject 
under  consideration,  is  familiar  with  all  the  fig- 
ures, and  that,  it  appeal's  to  me,  is  the  best 
committee,  and  besides,  it  is  a  standing  com- 
mittee. I  will  move  its  reference  to  the  Com- 
mittee on  Schedule. 

Mr.  COLLINS.  I  will  accept  that ;  by  all 
means,  let  it  go  to  that  committee.  I  made  the 
motion  for  a  special  committee  only  because  I 
thought  the  Committee  on  Schedule  already 
had  so  much  labor  on  hand  that  it  would  be 
almost  an  imposition  to  send  the  matter  back 
to  that  committee. 

Mr.  JOHNSON.  I  trust  the  proposed  refer- 
ence will  not  be  made.  We  have  devoted 
many  hours  to  the  consideration  of  this  subject 
already,  and  if  we  re-open  it,  the  same  labor 
will  have  to  be  gone  over  again.  We  shall  not 
only  be  compelled  to  consider  the  matter  again 
in  committee,  but  when  it  is  I'eported  back  we 
shall  encounter  the  same  objections  in  the  Con- 
vention that  we  have  already  heard.  The  la- 
bors of  that  committee  have  been  extremely 
arduous.  Various  propositions  have  been  sug- 
gested and  omprom'ses  offered,  and  new  calcu- 
lations have  had  to  be  made  almost  daily.  For 
one,  I  am  weary  of  it.  and  I  think  we  can  un- 
derstand the  matter  just  as  well  now,  as  we 
should  afier  recommitting  it  and  having  another 
report. 

The  only  question  which  we  are  called  upon 
now  to  decide,  is  whether  we  shall  have  a  Legis- 
lature consisting  of  fifty-four  members,  or  of 
some  smaller  number.  As  I  have  already  stated, 
I  am  an  advocate  of  the  larger  number,  as 
I  believe  that  thereby  the  interests  of  the  people 
will  be  more  effectually  subserved,  and  their 
rights  more  securely  guarded.  By  this  appor- 
tionment, ten  votes  in  the  Senate,  and  nineteen 
in  the  lower  House,  will  be  needed  to  pass 
any  bill  ;  but  if  we  adopt  the  smaller  number 
suggested,  the  votes  of  seven  Senators  and  four- 
teen Assemblymen  will  suffice.  Such  is  the 
difference  between  the  two  propositions.  If 
there  shall  be  any  thieving  going  on — and  we 
may  expect  that  there  will  be,  although  we 
put  all  the  checks  we  can  conceive  of  or  imag- 
ine, into  the  Constitution — the  people  will  be 
safer  with  a  large  representation  than  with  a 
small  one.  Do  what  we  may,  there  will  un 
doubtedly  be  thieving  bills  before  the  Legisla- 
ture of  our  new  State,  and  a  great  abundance 
of  them. 

I  hope  we  shall  adopt  the  amendment  pro- 


posed by  the  gentleman  from  Humboldt,  (Mr. 
Dunne.)  and  then  pass  the  section.  It  is  true 
that  his  amendment  reduces  relatively  the  rep- 
resentation of  the  other  counties  somewhat,  but 
that  is  a  matter  of  such  slight  moment  that  I 
care  nothing  about  it.  I  am  in  favor  of  the 
larger  representation. 

The  CHAIRMAN.  The  question  is  upon  the 
proposition  to  recommit  the  section,  with  in- 
structions to  reduce  the  number  to  thirty- 
nine. 

Mr.  DUNNE.  I  hope  that  will  not  be  done, 
for  the  reason  that  the  committee  has  ah'eady 
worked  and  wrangled  over  this  matter  suffi- 
ciently, and  I  believe  this  is  the  only  conclusion 
to  which  it  can  come,  that  would  give  anything 
like  general  satisfaction.  After  all  the  labor 
that  has  been  performed  by  that  committee, 
and  the  thorough  consideration  it  has  given  to 
this  subject,  I  think  that  any  gentleman  who 
wishes  to  modify  or  remodel  the  whole  report 
ought  to  be  required  to  submit  his  proposition 
to  the  Convention,  complete,  together  with  a 
scale  of  apportionment,  as  it  would  stand  with 
such  reduction  or  change,  in  order  that  we  may 
all  see  how  it  would  work.  That  course  is  open 
to  any  member,  at  any  time  before  the  final 
vote,  and  if  any  one  can  devise  a  more  satisfac- 
tory apportionment  than  the  committee  has 
presented,  it  will  no  doubt  meet  with  such  con- 
sideration as  it  deserves.  Let  the  amendment, 
which  applies  to  the  apportionment  now  pre- 
sented, be  determined  upon,  one  way  or  the 
other,  here  and  now  ;  but  before  the  whole  sub- 
ject is  reopened,  before  any  one  is  permitted  to 
overturn  the  whole  apportionment,  let  him  pre- 
sent some  basis  upon  which  his  proposition  can 
rest,  so  that  we  can  all  understand  its  opera- 
tion ;  and  let  him  not  ask,  without  offering  any- 
thing more  than  mere  generaliti(;s,  to  reopen 
the  subject  so  that  we  will  have  the  whole  mat- 
ter to  go  over  again. 

Mr.  MASON.  I  heartily  concur  in  the  views 
which  have  been  presented,  and  so  ably  advo- 
cated, by  the  gentleman  from  Onnsby,  (Mr. 
Johnson.)  I  agree  with  him,  that  if  ever  we 
are  going  to  need  a  large  legislative  body  it 
will  be  at  the  commencement  of  the  organiza- 
tion of  our  State.  We  have  a  complication  of 
interests  to  be  represented,  and  by  providing 
for  large  delegations  we  shall  enable  the  peo- 
ple of  the  various  counties  to  select  men  who 
will  represent  all  their  diverse  and  varied  in- 
terests, much  better  than  if  the  people  were 
compelled  to  concentrate  tlielr  choice  upon 
fewer  individuals.  And  I  consider  that  it  will 
be  no  disadvantage  to  make  the  small  enlarge- 
ment contemplated  by  this  amendment,  in  or- 
der to  do  justice  to  those  remote  counties  ;  for, 
remote  as  they  are,  in  a  very  short  time  they 
will  make  their  mark  in  our  new  State.  I  hope 
that  the  aggregate  number  of  the  Legislature 
will  be  increased  to  fifty-four,  as  proposed  by 
this  amendment,  in  order  that  justice  may  be 
done. 

Mr.  COLLINS.    I  will  withdraw  my  motion. 


638 


LEAVE  OF  ABSENCE. 


[18th  day. 


Saturday,]       Collins— Dcnxe—Kexxedy—Brosnan—Wakwick— Mason— DeLoxg.      [July  23. 


if  there  is  no  disposition   to   recommit  the  I 
section. 

The  CHAIRMAN.  The  Chair  will  suggest 
that  if  the  question  is  allowed  to  be  put,  the  ] 
gentleman  can  see  the  disposition  of  the  com-  j 
mittee. 

Mr.  COLLINS.  I  will  withdraw  it  with  the  [ 
permission  of  the  committee.    ["  Leave,  leave."'] 

No  ()l)jection  being  made,  the  motion  was  i 
withdrawn.  | 

The  CHAIRMAN.  The  question  now  is  on 
the  amendment  proposed  by  the  gentleman 
from  Humboldt.  (Mr.  Dunne.)  as  subsequently 
modified,  amending  the  apportionment  for  Hum- 
boldlt  anil  Esnu'ralda.  so  as  to  read  :  '•  Esmer- 
alda County,  two  St-nators  and  four  Assembly- 
men ;  Huiiilioldt  County,  two  Senators  and 
three  Assemblymen." 

The  question  was  taken,  and  the  amendment 
was  adopted. 

The  question  was  then  taken  on  the  adoption 
of  the  section  as  amended,  and  it  was  adopted. 

TERKITORFAL    DEBTS    AXO    LIABILITIES. 

Section  (i  was  read,  as  follows  : 

Sep.  6.  All  debts  and  liabilities  of  the  Territory  of 
Nevada,  lawfully  incurred,  and  whieh  remain  unpaid 
at  the  time  of  the  admission  of  this  State  into  the 
Union,  shall  be  assumed  by,  and  become  the  debt  of 
the  State  of  Nevada. 

No  amendment  being  offered,  the  section,  as 
read,  was  adopted. 

Mr.  DUNNE.  That  is  as  far  as  the  report  of 
the  Committee  on  Schedule  extends.  Now  I 
move  that  the  committee  rise,  report  progress, 
and  ask  leave  to  sit  again. 

Mr.  KENNEDY.  I  tliink  we  had  better  re- 
port the  article  back,  as  far  we  have  gone,  and 
order  it  to  engrossment,  so  as  to  get  along  as 
fast  as  we  can. 

Mr.  DUNNE.  Very  well ;  I  will  make  that 
motion. 

The  question  was  taken,  and  the  motion  was 
agreed  to,  and  the  committee  accordingly  rose. 

IN"    CONVEXTIOX. 

The  PRESIDENT  liaving  resumed  the  chair. 

The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  Goiisideratlon 
the  first  six  sections  of  .Vrticle  X^'iIl.  entitled 
Schedule,  had  made  some  amendments  thereto, 
in  which  he  was  instructed  to  ask  the  concur- 
rence of  the  Convention,  and  recommended 
that  the  sections  bo  passed  with  such  amend- 
ments. 

Tiie  report  was  accepted,  the  several  amend- 
ments made  in  Committee  of  the  Whole  were 
agreed  to,  and  the  sections  rei)orted  were  or- 
dered engrossed  for  a  third  reading. 

On  motion  of  Mr.  WARWICK,  at  twenty 
minutes  past  ten  o'clock,  P.  M.,  the  Convention 
adjourned. 


EIGHTEENTH  DAY. 

Caksox,  July  23,  18C4. 

The  Convention  met  at  nine  o'clock,  and  was 
called  to  order  by  the  President, 


The  roll  was  called,  and  all  the  members  re- 
sponded, except  the  following  :  Messrs.  Ball, 
Earl,  Fitch.  Haines,  Hovey,  Hudson,  Jones, 
Kiukead,  Lockwood,  McClinton,  Morse,  Parker, 
Sturtevant,  Tozer,  Wellington,  and  Williams, 
Present,  23  ;  absent,  1(5. 

Prayer  was  offered  by  the  Rev.  Mr.  VEEDER. 

The  journal  of  yesterday  was  read  and  ap- 
proved. 

LEAVE    OF   ABSEXCE. 

Mr.  KENNEDY.  I  ask  leave  of  absence  for 
to-day  for  Mr.  Hudson. 

No  objection  being  made,  leave  of  absence 
for  one  day  was  granted  to  Mr.  Hudson. 

Mr.  BR(3SNAN.  I  ask  leave  of  absence  also 
for  Mr.  Hovey,  who  has  been  constrained  to  go 
home  this  morning.  I  ask  that  he  be  granted 
leave  of  absence  until  Monday. 

Mr.  COLLINS.  I  also  ask  leave  of  absence 
for  Mr.  Earl. 

The  PRESIDENT.  Before  we  grant  leave  of 
absence  to  these  gentlemen,  we  had  better  as- 
certain how  many  members  we  c:in  have  in 
attendance. 

Mr.  WARWICK.  If  we  grant  them  leave  of 
absence,  we  cannot  send  the  Sergeant-at-Arms 
after  them,  in  case  we  find  the  Convention 
without  a  quorum.  The  l)ody  will  then  fall  by 
its  own  weight,  like  any  other  heavy  bodv. 

Mr.  BROSNAN.  We  can  spare  'Mr.  Hovey, 
as  my  colleague,  Mr.  DeLong.  is  present. 

Mr.  MASON.  I  wish  to  ask  leave  of  absence 
for  the  gentleman  whom  the  Union  calls  my 
distinguished  colleague.  Mr.  McClinton. 

Mr.  DUNNE  I  shall  have  to  object  to  grant- 
ing leave  of  absence  to  ilr.  Earl. 

Mr.  COLLINS.  Then  I  move  that  he  be 
granted  leave  of  absence  for  one  day. 

Mr.  DUNNE.  I  hope  the  Convention  will 
not  grant  leave  of  ab.sence  to  any  more  mem- 
bers, particularly  those  who  live  close  around 
the  Capital.  I  notice  that  several  gentlemen 
have  not  been  in  attendance  very  regularly 
since  certain  interesting  questions  have  been 
disposed  of.  and  I  think  we  ought  not  in  this 
manner  to  deprive  ourselves  of  the  power  of 
compelling  the  attendance  of  a  quorum  in  case 
we  shouhl  find  it  necessary  to  do  so. 

The  ((ucstion  was  taken  on  the  motion  of  Mr. 
Collins,  and,  on  a  division,  the  vote  was — ayes, 
11 ;  noes  4.  So  leave  of  absence  for  one  day 
was  granted  to  Mr.  Earl. 

[Mr.  Crawkokd  in  the  cliair.] 

The  question  was  stated  on  granting  leave  of 
alisence  for  this  day  to  Mr.  McClinton. 

Mr.  KENNEDY.  I  thougiit  he  had  indefinite 
leave. 

Mr.  CHAPIN.  But  that  was  annulled  by  his 
being  present  afterwards. 

Mr.  DeLONG.  Oh,  no  !  That  does  not  an- 
nul it. 

Mr.  AIASON.  I  think  the  granting  of  indefin- 
ite leave  of  al)sence  once  may  1)e  suOicieut. 

Mr.  WARWICK.  No,  sir.  1  think  he  had 
leave  only  for  one  day. 


18th  day.] 


JUDICIAL  DEPARTMENT. 


639 


Saturday,]     Stortevant — Johnson — Brady — DeLong— Dunne — Cuapin — Banks,  etc.    [July  23. 


Mr.  STURTEVANT.  I  remember  distinctly 
that  he  was  granted  leave  of  absence  yester- 
day. 

Mr.  JOHNSON.  But  he  only  claimed  it  for 
yesterday.  If  the  Secretary  will  refer  to  the 
journal,  I  believe  he  will  find  it  so  stated. 

The  SECRETARY  read  as  follows  : 

"  Mr.  MASON  asked  leave  of  absence  for  Mr.  McClin- 
ton  for  one  day.     Granted." 

The  question  was  taken,  and  leave  of  absence 
for  one  day  was  granted  to  Mr.  McClinton. 

ADJOURNMENT    OVER. 

Mr.  BRADY.  I  move  that  this  Convention 
adjourn  to-day  at  twelve  o'clock,  M..  to  meet 
on  Monday,  at  two  o'clock.  P.  M.  My  reason 
is.  that  we  cannot  possibly  finish  our  labors 
this  week,  as  we  had  expected,  and  I  would 
like  an  opportunity  to  go  home,  as  many  others 
would.  If  I  must  come  here  on  Monday,  I  had 
about  as  lief  sit  all  the  week.  If  the  motion 
does  not  prevail,  I  shall  ask  leave  of  absence 
for  myself  till  Monday  afternoon. 

The  PRESIDENT  pro  tern.  There  is  not  a 
quorum,  only  nineteen  members  being  present. 

Mr.  DeLONG.    I  move  a  call  of  the  House. 

The  PRESIDENT  pro  tern.  Another  member 
has  come  in,  making  a  quorum. 

The  question  was  taken  on  the  motion  for  a 
call  of  the  House,  and  it  was  not  agreed  to. 

The  question  was  stated  on  the  motion  of 
Mr.  Brady,  that  when  the  Convention  adjourn 
at  twelve  o'clock  to-day,  it  adjourn  to  meet  on 
Monday  at  two  o'clock,  P.  M. 

Mr.  DUNNE.  I  move  to  lay  that  motion  on 
the  table. 

Mr.  CHAPIN.  I  hope  that  will  be  done,  for 
I  want  the  Convention  to  work  to-day. 

Mr.  DUNNE.  That  is  the  object  of  my  mo- 
tion. 

The  question  was  taken,  and  the  motion  was 
laid  on  the  table. 

LEAVE  OP  absence — AGAIN. 

Mr.  BANKS.  I  move  that  the  indefinite  leave 
of  absence  heretofore  granted  to  Mr.  DeLong 
be  revoked. 

Mr.  DeLONG.  I  object.  [Laughter.]  I  rise 
to  a  point  of  order,  namely  :  that  the  Conven- 
tion having  once  granted  indefinite  leave,  it 
cannot  be  revoked  without  the  consent  of  the 
member  to  whom  it  was  granted.  ['•  Question ! 
Question  ! '']  Question  on  the  point  of  order. 
[Merriment.] 

The  PRESIDENT  pro  fern.  Not  being  thor- 
oughly familiar  with  Jefferson's  Manual,  I  will 
ask  the  President  to  take  the  chair. 

[The  PitKsiDENT  in  the  chair.] 

The  PRESIDENT.  The  Chair  rules  that  the 
motion  is  out  of  order.  The  only  way  to  reach 
the  matter  is  by  a  reconsideration. 

Mr.  BANKS.  Then  I  move  that  the  vote  by 
which  indefinite  leave  of  absence  was  granted 
to  Mr.  DeLong  be  reconsidered. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 


The  question  recurred  on  granting  indefinite 
leave  of  absence  to  Mr.  DeLong,  and  the  Con- 
vention refused. 

Mr.  BRADY.  Now  I  ask  leave  of  absence 
until  two  o'clock,  P.  M.,  on  Monday. 

The  question  was  taken,  and  on  a  division 
the  vote  was — ayes,  11  ;  noes,  9.  So  the  Con- 
vention granted  leave  of  absence  to  Mr.  Brady 
until  Monday,  at  two  o'clock,  P.  M. 

JlDICrAL   DEPARTMENT. 

Mr.  CHAPIN.  I  learn  that  the  article  on  the 
Judicial  Department  is  published  in  tlie  Vir- 
ginia f/viion  of  this  morning.  I  therefore  move 
that  the  Sergeant-at-Arms  go  to  Mr.  Fox,  and 
procure  a  number  of  copies. 

Mr.  STURTEVANT.  Has  he  any  funds  ?  I 
suggest  that  each'member  contribute  a  quarter, 
and  there  will  be  less  difficulty  in  getting  it. 

Mr.  LOCKWOOD.  I  am  a  subscriber,  as 
several  others  are.  I  hope  the  Sergeant-at- 
Arms  will  bring  up  my  paper,  as  I  have  not 
time  to  go  after  it. 

The  PRESIDENT.  The  order  of  business  at 
present,  is  "  Reports  of  Committees."  The  gen- 
tleman's motion  is  therefore  not  now  in  order. 

Mr.  CROSMAN.  The  Committee  on  Engross- 
ment have  several  bills  in  their  possession, 
which  they  will  be  prepared  to  report  in  the 
afternoon. 

The  PRESIDENT.  Motions  and  resolutions 
are  next  in  order. 

COUNTY    COURTS. 

Mr.  CROSMAN.  For  the  purpose  of  ascer- 
taining the  sense  of  the  Convention,  believing 
that  to  be  the  quickest  and  easiest  way  to  arrive 
at  a  conclusion,  I  offer  the  following  resolution  : 

Resolved,  That  it  is  the  sense  of  this  Convention  that 
the  County  Courts  be  abolished  in  all  the  counties, 
except  Storey. 

My  reason  for  offering  this  resolution  is,  that 
there  are  several  sections  in  the  article  on  Ju- 
dicial Department,  as  reported  by  the  Commit- 
tee on  the  Judiciary,  that  will  need  changing,  if 
it  shall  not  be  the  sense  of  the  Convention  to 
sustain  the  report  of  the  committee,  as  proposed 
by  this  resolution. 

The  PRESIDENT.  I  think  the  gentleman 
is  mistaken  in  regard  to  the  report  of  the  Com- 
mittee on  the  Judiciary.  That  I'eport  only 
contemplates  the  establishment  of  a  County 
Court  in  Storey  County,  but  with  power  in  the 
Legislature  to  create  such  courts  in  other  coun- 
ties, whenever  it  may  be  deemed  expedient. 

Mr.  CROSMAN.  I  so  understand  it,  and  the 
object  of  the  resolution  is  to  declare  that  to  be 
the  sense  of  the  Convention.  I  wish  to  ascer- 
tain whether  the  determination  of  the  Conven- 
tion is  to  sustain  the  report  in  that  particular, 
or  not. 

The  PRESIDENT.  My  recollection  is.  that 
there  is  nothing  contained  in  the  rejiort  which 
would  be  inimical  to  the  gentleman's  resolution. 

Mr.  CROSMAN.  I  am  aware  of  it,  but  I  think 
this  is  the  simplest  and  shortest  way  to  arrive 


640 


IMPEACHMENT— SALARIES. 


[18th  day. 


Saturday,] 


.  Banks— Ckosman — President — DeLong—Brosxan— Dunne. 


[July  23. 


at  a  definite  conclusion.  It  may  supersede  the 
necessity  of  protracted  discussions  upon  amend- 
ments. .         „    , 

Mr.  BANKS.  Is  it  the  design  of  the  resolu- 
tion to  declare  that  we  will  have  no  County 

Courts?  ^    .      .      ,     . 

Mr.  CR05MAN.  It  is  not.  It  is  simply  to 
arrive  at  the  sense  of  the  Convention,  hi  order 
that  we  niav  act  harmoniously,  and  save  time. 
I  am  ready'inyself  to  indorse'  the  report  of  the 
committee.  anVl  all  I  am  seeking  for  is  to  get 
an  expression  of  the  Convention. 

The  PRESIDENT.  The  Chair  will  suggest 
that  perhaps  it  would  be  more  proper  to  wait 
until  the  report  comes  up.  It  may  be  reached 
presently,  and  then  the  gentleman  can  olttain 
the  sense  of  the  Convention,  equally  as  well. 

Mr.  CROSMAN.  I  will  withdraw  the  resolu- 
tion, but  I  thought  it  might  save  time.  That 
was  mv  onlv  object. 

Mr.  'l)KL()N(.r.  I  disagreed  with  my  col- 
league (Mr.  iJvosnan)  on  this  subject,  but  was 
ovei'i-uled  in  the  committee.  I  thought  it  would 
be  better  to  make  the  system  harmonious 
throughout. 

IMPEACHMENT   AND   REMOVAL. 

The  Convention  proceeded  to  the  considera- 
tion of  business  on  the  general  file,  and  took 
up,  as  the  first  business  in  order.  Article  VII, 
entitled  Impeachment  and  Removal  from  Oflice. 

The  article  was  read  a  third  time,  as  en- 
grossed, as  follows  : 

AKTICLE  \ai. 

IMPEACHMENT  AND  REMOVAL  FROM  OFFICE. 

Section  1.  The  Assembly  shall  have  the  sole  power 
of  impeachiuK,  but  a  majority  of  all  the  members  elect- 
ed must  concur  iu  an  iiuijcachmeut.  All  impeachments 
BhaU  be  tried  by  the  Senate,  and  when  sitting  for  that 
purpose,  the  Senators  shall  be  upon  oath  or  affirmation, 
to  do  justice  according  to  law  and  evidence.  The  Chief 
Justice  of  the  Supreme  Court  shall  preside  over  the 
Senate  whUe  sitting  to  try  the  Governor  upon  impeach- 
ment. No  person  shall  be  convicted  without  the  con- 
currence of  two-thirds  of  the  Senators  elected. 

Sec.  2.  The  Governor  and  other  State  and  judicial 
officers,  except  Justices  of  the  Peace,  under  this  State 
Government,  shall  be  liable  to  impeachment  for  misde- 
meanor or  malfeasance  in  olVi.-c;  but  judf^meut  iu  such 
case  shall  not  extend  furtlur  than  removal  from  office 
and  dis<iualification  to  hold  any  oihce  of  honor,  profit, 
or  trust  under  this  State.  The  party,  whether  con- 
victed or  acquitted,  shall  nevertheless  be  liable  to  in- 
dictment, trial,  judgment,  and  punishment,  according 

Sec  '  3.  For  any  reasonable  cause,  to  be  entered  on 
the  journals  of  each  House,  whi.li  may  or  may  not  be 
sufficient  grounds  for  inipia<liniiiit,  the  Chief  Justice 
and  Associate  Justices  of  the  Supreme  Court  and  Judg- 
es of  the  District  and  County  Courts  shall  be  removed 
from  office  on  the  vote  of  two-thirds  of  the  members 
elected  to  each  branch  of  the  Legislature,  and  the  Jus- 
tice or  Judge  complained  of  shall  be  served  with  a  copy 
of  the  complaint  against  him,  and  shall  have  an  oppor- 
tunity of  being  heard  in  person,  or  by  counsel,  in  his 
defense-  pr<ivi<l--d,  that  no  menjber  of  either  branch  of 
the  Legislature  shall  be  eligible  to  till  the  vacancy  o(!ca- 
Bioned  by  such  removal.  ,     ,     ,       ,      „ 

Sec  4.  Provision  shall  bo  made  by  law  for  the  re- 
moval from  office  of  any  civil  officer,  other  than  those 
in  this  article  pre\iously  specified,  for  malfeasance  or 
nonfeasance  in  the  performance  of  his  duties. 


The  question  was  stated  on  the  final  passage 
of  the  article  as  read. 

Mr.  BROSNAN.  I  observe  that  in  Section  1 
it  is  stated  that  *'  a  majority  of  all  the  members 
must  concur  in  an  impeachment."'  That,  it  oc- 
curs to  me,  is  a  more  positive  term  than  should 
be  employed  in  that  connection. 

Mr.  DUNNE.  They  are  sworn  to  support 
the  Constitution,  and  of  course,  according  to 
that,  they  are  bound  to  concur. 

The  PRESIDENT.  The  article  can  be  amend- 
ed at  this  time  by  unanimous  consent. 

Mr.  BROSNAN.  I  would  propose,  then,  to 
amend  that  clause  so  that  it  will  read  : 

"The  concurrence  of  a  majority  of  all  the  members 
elected  shall  be  necessary  to  an  imi^eachment." 

By  unanimous  consent  of  the  Convention, 
the  amendment  suggested  was  adopted. 

The  question  being  on  the  final  passage  of 
the  article,  as  amended,  the  yeas  and  nays 
were  taken,  and  the  vote  was — yeas,  23  ;  nays, 
none — as  follows  : 

Yeas — Messrs.  Banks,  Belden,  Brady,  Brosnan,  Cha- 
pin,  Collins,  Crawford,  Crosniau,  Dunne,  Frizell,  Fol- 
som,  Gibson,  Hawley,  Kennedy,  Lockwood,  Mason, 
Murdock,  Proctor,  Sturtevaut,  Tagliabue,  Warwick, 
Wetherill,  and  Mr.  President — 23. 

JVays — None. 

So  the  article  was  passed. 

SALARIES. 

The  Convention  next  took  up  in  its  order 
Article  XI,  entitled  Salaries  and  Appropria- 
tions. 

The  article  was  read  a  third  time,  as  follows  : 

ARTICLE  XI. 

SALARIES  AND   APPROPKLVTIONS. 

Section  1.  For  the  first  term  of  office  succeeding 
the  formation  of  a  State  Government,  the  salary  of  the 
Governor  shall  be  four  thousand  doUars  per  annum  ; 
the  salary  of  the  Secretary  of  State  shall  be  thriie  thou- 
sand six  hundred  dollars  per  annum;  the  salary  of  the 
State  Controller  shall  be  three  thousand  six  hundred 
doUars  per  annum  ;  the  salary  of  the  State  Treasurer 
shall  be  three  thousand  six  hundred  dollars  per  an- 
num; the  salary  of  the  Surveyor-CTi-ncral  shall  be  one 
thousand  dollars  per  annum;  the  salary  of  the  Attor- 
ney-General shall  be  two  thousimd  live  hundred  dollars 
per  annum;  the  salary  ol  tlie  Supiriutemlent  of  l'ul)lic 
Instruction  shall  be  two  thousaiul  dollars  jier  annum  ; 
the  salary  of  each  Judge  of  the  Suiireme  Court  shall  be 
seven  thousand  dollars  ijer  annum.  The  salaries  of 
the  foregoing  officers  shaU  be  paid  quarterly,  out  of  the 
State  Treasury.  The  jjay  of  State  Senators  and  mem- 
bers of  the  Assembly  shall  be  eight  dollars  for  each 
day  of  actual  service,  and  forty  cents  i)er  mile  for 
mileage,  going  to  and  returning  from  the  place  of 
meeting.  No  officer  mentioned  in  this  section  shall 
receive  anj'  fees  or  jjerquisites  to  his  own  use  for  the 
performance  of  any  duty  connected  with  his  office,  or 
for  the  ijerformance  of  any  additional  duty  imposed 
upon  him  by  law. 

Mr.  BROSNAN.  I  think  this  article  on  Sal- 
aries ought  not  to  be  embodied  in  the  Consti- 
tution proper,  because  it  is,  so  to  speak,  ephem- 
eral in  its  nature.  It  is  to  have  no  ett'ect  after 
the  expiration  of  two  years,  and  yet  it  is  here 
made  a  distinct  and  separate  article  of  the 
Constitution.  I  suggest  that  it  would  be  more 
proper  to  refer  it  to  the  Committee  on  Arrange- 


18th  day.] 


JUDICIAL  DEPARTMENT. 


641 


Saturday,] 


Brosnan — Ckosman — Collins — Johnson — Banks. 


[July  23 


ment,  with  a  recommendation  that  it  be  given 
a  place  in  the  Miscellaneous  Article,  or  the 
Schedule.  Perhaps  the  latter  would  be  more 
appropriate. 

The  PRESIDENT.  A  motion  would  be  in 
order  to  strike  out  and  refer  the  article,  with 
instructions  to  incorporate  it  as  a  separate  sec- 
tion in  the  Schedule.  Such  action  may  be  had 
by  unanimous  consent. 

Mr.  BROSNAN.  I  will  move  that  the  Com- 
mittee on  Arrangement  be  instructed  to  trans- 
fer it,  as  a  section  simply,  to  the  Schedule. 
There  is  only  one  section,  and  as  it  is  to  operate 
only  for  two'  years,  it  ought  not  to  be  embodied 
among  the  permanent  features  of  the  Consti- 
tution. 

The  PRESIDENT.  The  gentleman  will  please 
reduce  his  motion  to  writing,  for  the  conven- 
ience of  the  Secretary. 

Mr.  BROSNAN  submitted  the  following  : 

Resolved,  That  Article  XI,  entitled  Salaries  and  Ap- 
propriations, be  transformed  to  a  simple  section,  and 
that  the  same  be  transferred  to  and  incorporated  in  the 
article  entitled  Schedule,  by  the  Committee  on  Phrase- 
ology and  Arrangement. 

The  question  was  taken,  and  the  resolution 
was  adopted. 

JCDICIAL   DEPARTMENT. 

Mr.  CROSMAN.  I  move  that  the  Convention 
now  resolve  itself  into  Committee  of  the  Whole, 
for  the  consideration  of  Article  VI,  entitled  Ju- 
dicial Department. 

Mr.  BROSNAN.  I  think  it  would  be  well, 
perhaps,  first  to  ascertain  the  sense  of  the  Con- 
vention upon  certain  features  of  the  article.  I 
see,  however,  that  as  it  is  printed  in  the  Vir- 
ginia Union  here,  it  is  a  little  different  from  the 
report  as  it  was  handed  in  by  the  Committee 
on  the  Judiciarv. 

The  PRESIDENT.  The  Chair  will  suggest 
that  the  matter  might  as  well  be  considered  in 
Committee  of  the  Whole. 

Mr.  BROSNAN.     Very  well. 

The  question  was  taken  on  Mr.  Crosman's 
motion,  and  it  was  agreed  to. 

COMMITTEE    OP   THE   WHOLE. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (Mr.  Cko.sman  in 
the  chair,)  and  proceeded  to  the  consideration 
of  Article  VI,  entitled  Judicial  Department. 

NUMBER   OF   SUPREME   COURT   JUDGES. 

Mr.  BROSNAN.  As  I  was  about  to  state, 
possibly  we  can  expedite  business,  if  we  come 
to  an  understanding  in  the  first  place,  by  taking 
a  direct  vote  on  one  or  two  questions.  This 
report,  however,  as  it  is  printed  in  the  newspa- 
per, provides  in  one  place  for  a  Supreme  Court 
to  consist  of  five  judges,  where  is  the  report,  as 
actually  made  by  the  Judiciary  Committee, 
only  provides  for  three  Supreme  Court  Judges. 
But  there  seems  to  be  a  pretty  strong  sentiment 
in  favor  of  having  five  judges,  at  least  for  the 
first  few  years,  and  I  would  submit  to  the  con- 

A  15 


sideratlon  of  the  Committee  whether  it  would 
not  be  best  to  take  a  vote  on  that  subject  at 
once.  That  will  determine  the  qiu'stion,  and 
perhaps  obviate  the  necessity  of  much  discus- 
sion hereafter,  as  we  progress,  and  also  the 
trouble  of  modifying  the  various  sections  so  as 
to  suit  the  number  of  three  judges,  or  five 
judges,  as  the  case  may  be. 

The  CHAIRMAN.  Does  the  gentleman  make 
a  motion  ? 

Mr.  BROSNAN.  I  move  that  the  Supreme 
Court  shall  consist  of  five  judges,  instead  of 
three. 

Mr.  COLLINS.  Before  the  vote  is  taken  on 
that,  I  would  like  to  be  informed  if  any  pro- 
Vision  has  been  made  by  this  report  for  a' court 
fee,  or  docket  fee,  by  which  the  salaries  of  the 
Supreme  Court  Judges  are  to  be  paid,  or  at 
least  in  part. 

Mr.  BliOSNAN.  I  believe  there  is  such  a 
provision. 

Mr.  COLLINS.  Then  I  am  in  favor  of  five 
judges. 

Mr.  JOHNSON.  In  part,  I  agree  with  the 
report  of  the  committee,  as  to  the  provision  for 
a  court  fee.  That  is,  I  am  willing  that  the 
Legislature  shall  have  the  power  to  prescribe 
such  a  fee,  but  I  do  not  consent  to  the  adoption 
of  a  compulsory  provision,  absolutelj'  requir- 
ing the  Legislature  to  do  this.  Circumstances 
may  be  such,  in  the  earlier  portion  of  our  his- 
tory as  a  State,  as  to  justify  the  Legislature  in 
requiring  it,  but  at  a  later  period  it  may  not  be 
necessary  or  justifiable.  I  look  upon  the  impo- 
sition of  a  court  fee  as  wrong  in  principle,  and 
a  measure  that  should  only  be  resorted  to  in 
extreme  cases.  Hence,  I  am  willing  to  concur 
so  far  as  this,  to  leave  the  matter  in  such  form 
that  the  Legislature  may  have  power  to  pre- 
scribe a  court  fee.  But,  in  any  event,  whether 
that  is  done  or  not,  I  think  the  advantage  of 
having  five  judges,  instead  of  three,  is  so  much 
greater  as  to  outweigh  the  consideration  of  in- 
creased expenditure,  and  I  shall  support  the 
proposition. 

Mr.  BANKS.  I  am  opposed  to  this  motion. 
I  have  heard  no  sufficient  r^jason  urged  in  favor 
of  having  five  judges,  instead  of  tiiree,  or,  at 
least,  no  very  substantial  reason,  except  that  it 
would  be  easier  to  influence  improperly  a  bench 
composed  of  three  men  than  a  bench  composed 
of  five.  That  is  the  most  tangible  argument 
that  I  have  yet  heard  offered  in  favor  of  that 
proposition.  I  have  also  heard  it  suggested 
that  the  labor  of  the  Supreme  l)ench  will  be 
very  considerable,  and  that  it  can  be  performed 
more  easily  and  promptly  by  five  than  by  three 
judges. 

In  regard  to  the  first  proposition,  that  it  is 
more  easy  to  corrupt,  or  improperly  influence 
three  men  than  five  men,  I  have  this  to  s.iy,  that 
so  far  as  ray  observation  extends,  small  bodies 
are  generally  most  pure.  In  legislative  l)odies 
it  is  generally  less  easy  to  influence  improperly 
the  Senate,  which  is  the  smaller  body,  than  it 
is  the  Assembly,  which  is  the  larger  body.    I 


642 


JUDICIAL  DEPARTMENT. 


[18tli  day. 


Saturday,] 


Johnson — Banks. 


[July  23. 


know  that  in  the  California  Legislature,  it  be- 
came a  very  common  expression  among  those 
who  were  supposed  to  be  endeavoring  to  intiu- 
ence  legislation  improperly,  that  if  such  or  such 
a  thing  could  once  be  got  through  the  Senate, 
it  would  ••  go  through  the  Housl-,  kiting.''  So 
far  as  legislative  bodies  are  concerned,  then,  I 
Lave  never  seen  this  proposition  verified,  but 
on  the  contrary,  I  have  found  that  small  bodies 
of  men  have  been  less  inclined  to  be  influenced 
improperly  than  large  ones.  The  responsibil- 
ity is  more  divided  in  large  than  in  small 
bodies,  and  the  public  eye  is  less  definitely 
fixed  upon  individuals.  The  consequence  is, 
that  men  in  large  bodies  enjoy  a  greater  de- 
gree of  immunity  from  public  censure  than  in 
small  bodies. 

But  I  do  not  place  very  much  reliance  upon 
arguments  based  on  the  corruptibility,  or 
the  extreme  corruptibility,  at  all  events,  of  ju- 
dicial officers.  And  as  1  have  not  forgotten 
that  the  five  minutes  rule  is  impending  over  me, 
I  will  now  leave  that  matter,  in  order  to  refer 
briefly  to  the  other  argument,  namely,  the  pro- 
priety of  having  the  larger  number  of  judges 
on  account  of  the  amount  of  labor  to  be  per- 
formed. Now  if  we  provide  for  three  judges, 
they  will  be  selected  from  the  best  quality  of 
talent  we  have  ;  and  it  is  well  understood  that 
in  judicial  matters  work  is  performed  rapidly 
or  otherwise,  according  to  the  capacity  and 
legal  learning  of  the  men  who  are  engaged  in 
it ;  and  in  my  judgment,  if  we  provide  for  five 
judges,  it  will  bo  very  difficult  for  us  to  find,  in 
our  community,  that  number  of  judges  who  are 
properly  fitted  and  willing  to  perform  the  du- 
ties devolving  upon  judges  of  the  Supreme 
Court.  We  shall  find  more  practical  knowledge 
and  legal  learning  on  a  bench  composed  of  three 
men  than  we  should  on  one  composed  of  five  ; 
for  if  we  have  five;,  in  all  probability  there  will 
be  one  or  two  blockheads  among  them,  while 
if  the  selection  is  confined  to  three,  there  will 
be  a  greater  probability  of  our  securing  not 
only  a  pure  but  an  able  Supreme  judiciary. 

Mr.  JOHNSON.  I  would  have  preferred  to 
entrust  the  advocacy  of  this  proposition  to 
others.  But  on  a  jTrevious  occasion,  when,  as 
I  recollect,  the  gentleman  from  Humboldt  (Mr. 
Banks)  was  present,  1  took  occasion  to  refer  t(j 
this  subject,  and  to  present,  very  briefly,  rea- 
sons why  in  my  opinion  we  ought  to  provide 
for  five  rather  than  three  judges,  to  constitute 
our  Supreme  Court.  And  what  I  shall  now  say, 
will  be  but  a  repetition  of  the  reasons  then 
presented. 

I  desire  to  discard  as  much  as  possible  the 
idea  of  the  corruptibility  of  judges,  for  I  would 
be  indisposed  to  make  a  suggestion  of  such 
character  in  this  Convention,  lest  it  might  seem 
to  betoken  an  acquiescence  in.  or  endorsement 
on  my  part  of  certain  charges  which  have 
lately  api)eared  in  the  newspapers,  -more  es- 
pecially within  the  last  few  days.  On  that  sul)- 
ject  I  di)  not  propose  to  speak.  I  do  not  propose 
myself  as  the  defender  of  the  Supreme  Court, 


nor  of  any  judical  officer  ;  neither  do  I  pro- 
pose to  become  a  participant  in  any  charges  of 
the  character  of  those  which  have  been  made 
public.  But  the  important  matter  is  this — and 
I  hope  I  may  secure  the  attention  of  the  gentle- 
man from  Humboldt — 

Mr.  BANKS.  I  beg  pardon.  My  attention 
was  withdrawn  but  for  a  moment. 

Mr.  JOHNSON.  The  important  point  is 
this — not  a  question  whether  two  judges  or 
three  judges  can  be  the  more  easily  purchased, 
but  that  a  character  of  stability  and  fixedness 
should  be  given  to  the  decisions  of  our  Su- 
preme Court.  And  that  end,  I  believe,  can  more 
certainly  be  attained  by  ])lacing  five  judges  on 
the  bench  than  by  limiting  the  number  to  three. 
With  five  judges,  we  have  in  our  decisions  the 
aggregated  experience,  wisdom,  and  judicial 
learning  of  five  men,  as  against  that  of  three, 
contemplated  by  the  committee's  report ;  and 
the  people  generally,  and  the  bar  particularly, 
would  certainly  be  more  disposed  to  acquiesce 
in  the  final  judgment  of  a  Court  composed  of 
five  members  than  in  that  of  a  Court  constituted 
of  but  three. 

I  submit  that  the  judicial  history  of  California 
affords  an  illustration  which  is  in  point  here. 
It  is  understood  that  until  within  a  few  months 
past,  the  Supreme  Court  of  that  State  was  con- 
stituted of  but  three  judges,  but  it  has  been 
found  necessary  to  increase  the  number.  I  think 
if  there  had  been  five  judges  on  that  bench 
from  the  commencement,  instead  of  three,  the 
people  of  California  would  have  been  spared  the 
spectacle  of  so  great  a  number  of  reversed 
decisions  and  conflicting  opinions  of  the  Su- 
preme Court.  They  have  had  in  California  nu- 
merous cases  like  this  :  A  decision  is  rendered, 
with  one  judge  dissenting  ;  then  in  a  short 
time  one  of  the  judges  in  the  majority  goes  out, 
i  the  dissenter  remains,  and  a  new  judge  comes 
!  in  and  takes  his  place  ;  then,  upon  a  rehearing, 
or  the  same  questions  being  raised  in  a  new 
j  case,  the  judge  who  was  at  first  in  the  minority 
finds  himself  in  the  majority  ;  and  thus  import- 
ant questions  havi-  been  decided,  and  the  de- 
cisions within  a  few  months  thereafter  over- 
ruled and  reversed. 

Under  such  a  state  of  things,  men  may  invest 
their  money  in  some  enterprise,  risking  their 
all  upon  the  decisions  of  the  Courts,  as  enun- 
ciated by  the  highest  tribunal  of  the  State,  and 
after  the  lapse  of  a  few  months,  or  ])erhaps  a  year 
at  the  utmost,  they  may  find  themselves  occu- 
pying a  position  of  direct  antagonism  to  that 
which  they  held  ))y  the  previous  decision,  and 
the  result  may  be  their  ruin.  And  our  own 
experience  shows  that  fortunes  have  been  lost 
in  consequence  of  litigants  depending  on  the 
stability  of  decisions  of  a  Court  so  constituted, 
if  we  provide  for  five  judges  on  the  Supreme 
bench,  those  opi»ortunities  for  reversal  of  de- 
cisions are  not  so  readily  jiresented. 

This  evil  is  of  comparatively  little  conse- 
quence, so  far  as  it  refers  to  and  affects  only 
individual  litigants  ;  but  even  then  it  is  better 


18th  day.] 


JUDICIAL  DEPARTMENT. 


643 


Saturday,] 


DeLong — Brosnan— Johnson. 


[July  23. 


for  the  public  at  large  that  the  decisions  of  the 
Courts  should  be  perraanant,  and  there  are  per- 
haps but  very  few  cases  decided  where  the 
public  generally  have  not,  directly  or  remotely, 
some  degree  of  interest  in  the  question.  There- 
fore I  insist  that  the  public  interest  is  better 
subserved,  in  all  cases,  by  making  such  provis- 
ions that  the  decisions  of  the  Courts  cannot  be 
readily  reversed.  If  we  provide  for  five  judges, 
frequent  changes  in  the  judgments  and  opin- 
ions ot  the  court  are  not  so  liable  to  occur,  and 
the  community  and  the  bar  will  have  more 
confidence  in  the  final  adjudications  of  our 
court  of  last  resort. 

Some  objection  has  been  made  on  the  ground 
of  cost,  it  is  true,  but  the  additional  sum  of 
fourteen  thousand  dollars  a  year.  I  think,  will  be 
well  expended.  And  it  may  be  that  at  some 
future  time  the  number  of  judges  can  consist- 
ently with  the  23ublic  interests  be  reduced 
Now  is  the  time,  however,  in  my  judgment,  at 
the  very  inception  of  our  State  Government, 
when  the  great  questions  of  the  day  are  to  be 
litigated  in  our  Courts,  and  when,  if  ever,  we 
require  a  Supreme  Court  of  five  judges.  Then, 
when  litigation  shall  be  less,  when  the  great 
principles  involved  shall  have  been  settled  by 
final  adjudication,  we  can  fall  back  upon  the 
smaller  number,  three  judges  of  the  Supreme 
Court. 

Mr.  DeLONG.     What  is  the  exact  question  ? 

The  CHAIRMAN.  A  motion  that  we  shall 
have  five  instead  of  three  Supreme  Court 
judges. 

Mr.  BROSNAN.  Permit  me  a  moment  to 
explain,  inasmuch  as  my  colleague  was  not  in 
when  I  made  the  motion.  I  found  that  there 
was  an  opinion  prevailing  to  some  extent  in 
the  Convention,  or  among  some  of  the  mem- 
bers of  it,  to  the  eifect  that  it  would  be  desira- 
ble to  provide  for  five  judges  of  the  Supreme 
Court,  in  place  of  three,  as  reported  by  the 
Committee  on  the  .Judiciary  ;  and  in  order  that 
we  may  facilitate  business  as  we  go  along,  mak- 
ing the  sections  to  conform  to  the  number, 
whether  it  shall  be  three  or  five,  I  proposed, 
not  by  any  means  as  my  own  choice,  but  in 
order  to  test  the  sense  of  the  Convention  upon 
that  subject,  before  the  Committee  of  the  Whole 
shall  enter  upon  the  consideration  of  the  report 
in  detail,  that  we  shall  decide  to  have  five 
judges  in  the  first  instance.  The  report  pro- 
vides for  power  in  the  Legislature  to  increase 
the  number,  as  the  public  good  may  require, 
commencing  with  three.  I  have  made  the  mo- 
tion solely  with  the  view  of  ascertaining  the 
sense  of  the  Convention. 

Mr.  DeLONG.  In  much  that  has  been  said 
by  the  gentleman  from  Ormsby,  (Mr.  Johnson,) 
I  concur,  but  I  have  this  to  say  to  this  Conven- 
tion, that  if  we  are  wise— 

The  CHAIRMAN.  Before  the  gentleman 
proceeds,  I  will  call  his  attention  to  the  fact, 
which  he  may  not  be  aware  of,  that  a  rule  has 
been  adopted  limiting  speeches  to  five  minutes, 
except  by  unanimous  consent. 


Mr.  DeLONG.  I  shall  not  exceed  the  limit. 
I  sayif  the  members  of  this  Convention  are 
wise,  if  they  wish  to  act  in  a  practical  manner, 
or  at  least  if  they  are  desirous  of  having  this 
Constitution  adopted  by  the  people,  they  must 
have  esi)ecial  regard  to  those  provisions  which 
met  with  disfavor  last  year.  They  must  en- 
deavor to  avoid,  so  far  as  may  be  in  their 
power,  at  all  events,  those  errors  which  then 
met  with  the  disapproval  of  the  people.  There 
were  several  objections  urged  against  the 
Constitution  presented  last  year,  and  prom- 
inent amongst  them  was  that  of  the  ex- 
pense involved.  And  at  this  time,  too.  almost 
the  only  question  is,  "can  we  afTt>rd  it?" 
Let  us  convince  business  men,  and  the  com- 
munity generally,  that  we  can  afford  it,  that  the 
cost  will  not  be  much  more  than  that  of  the 
present  territorial  form  of  government,  and  the 
people  will  adopt  our  Constitution.  But  can 
we  do  that  if  we  increase  rather  than  decrease 
the  number  of  officers  to  be  provided  for  under 
this  instrument,  and  consequently  increase  the 
amount  to  be  paid  for  salaries  ?  I  think  not. 
Let  us  start,  then,  with  but  three  judges,  in  the 
name  of  economy,  giving  the  people  the  right, 
in  their  first  Legislature,  if  they  desire  it,  to  in- 
crease the  number  to  five.  There  will  be  but 
very  little  business  done  by  the  Court  before 
the  people  will  have  an  opportunity  to  be  heard 
through  the  Legislature,  and  to  increase  the 
number  of  judges  if  they  shall  so  determine. 
We  then  go  before  the  people  with  an  instru- 
ment which  promises  them  a  cheaper  govern- 
ment, if  they  desire  it,  and  at  the  same  time  if 
they  wish  to  increase  the  number  of  Supreme 
Court  judges,  they  are  at  liberty  to  do  so.  On 
the  other  hand,  if  you  fix  upon  five  as  the  num- 
ber of  judges  in  the  first  instance,  leaving  the 
Legislature  power  to  reduce  the  number,  peo- 
ple will  say,  ••  Oh,  yes  ;  they  have  the  power, 
but  they  never  will  decrease  the  number. 
There  will  be  five  men  on  the  bench,  all  of 
whom  will  have  friends,  and  you  never  will  get 
any  of  them  off."  I  know  in  the  committee 
that  was  urged,  and  regarded  as  a  serious  ob- 
jection, and  we  agreed  to  change  the  plan, 
although  many  of  us  preferred  the  larger  num- 
ber of  judges.  The  gentleman  from  Ormsby,  I 
think,  was  not  present. 

Mr.  JOHNSON.  I  was  present  at  one  time, 
when  five  judges  were  agreed  upon.  Subse- 
quently that  was  reconsidered. 

Mr.  DeLONG.  At  the  subsequent  meeting  I 
was  present,  when  we  agreed  to  change  the 
number  to  three  ;  and  we  concluded  to  make 
that  changi;  on  the  grounds  which  I  have  stated. 
If  we  provide  for  five  judges  in  the  first  place, 
with  power  in  the  Legislature  to  reduce  the 
number,  i)eople  will  say  that  the  salaries  of 
five  judges,  at  so  much  each,  will  amount  to 
such  a  sum  per  annum  for  Supreme  Court 
judges,  and  they  will  put  the  argument  alto- 
gether on  that  basis.  Now  let  us  place  the  ar- 
gument the  other  basis,  by  fixing  upon  three 
judges  in  the  first  place.     There  can  be  but 


644 


JUDICIAL  DEPARTMENT. 


[18th  day. 


Siturday,]  Warwick— Wetherill—Chapin— Johnson— Kennedy— Lockwood—Nourse,  [July  23. 


little  business  before  the  Legislature  will  have 
an  opportunity  to  increase  the  number,  if 
necessarv ;  antl,  as  to  an  increase.  I  would  say 
that  CaliVoruia  has  gone  on  happily  for  many 
years  with  only  three  judges  on  her  Supreme 


Mr.  JOHNSON.  That  is  a  reflection  on  the 
bar.  There  are  two  hundred  lawyers  in  the 
gentleman's  own  county.     [Laughter.] 

Mr.  CHAPIN.  But  it  is  usual  in  Conventions 
whcm  making  nominations — and  the  politicians 


liench,  and  to-day  many  members  of  the  bar  of;  are  very  nervous  and  sensitive,  indeed,  on  that 


that  State  think  it  would  be  better  off  with 
three  than  with  five  judges,  because  with  five 
there  are  more  dissenting  opinions. 

Mr.  WARWICK.  I  was  the  one  who  pro- 
posed, in  order  to  test  the  sense  of  the  Judiciary 
Committee,  to  increase  the  niuuljer  of  judges 
to  five.  I  made  the  proposition  judging  from 
the  experience  of  California,  and  having  the 
sanction  of  several  prominent  members  of  the 
bar,  and  even  the  indorsement,  I  believe,  of 
the  able  gentleman  from  Storey.  (Mr.  DeLong.) 
who  has  just  spoken.  I  thought  that,  having 
the  approval  of  so  distinguished  a  lawyer,  in 
view  of  the  experience  of  California  in  the 
past,  which  has  been  such  as  to  render  it  neces- 
sary to  increase  the  number  of  judges  in 
that  State,  and  considering  also  the  magnitude 
of  the  interests  involved  in  our  litigation,  it 
would  be  well  enough  to  increase  the  number 
to  five.  I  spoke  to  several  members  of  the 
committee,  and  they  agreed  with  me,  and  the 
proposition  was  concurred  in  by  the  commit- 
tee. Afterwards,  however,  actuated  by  con- 
siderations of  economy,  the  committee  saw  fit 
to  rescind  that  action,  but  with  the  understand- 
ing that  the  question  would  be  brought  up  in 
the  Convention.  I  think,  myself,  that  it  would 
be  practically  more  economical  to  ])rovide  for 
five  judges,  than  for  three,  in  consideration  of 
the  interests  involved  in  our  litigation.  The 
decisions  would  then  be  more  satisfactory  to 
litigants,  to  tax-payers,  and  to  the  people  gen- 
erally, while  the  increase  of  cost,  iu  the  matter 
of  salaries,  would  be  but  slight. 

Mr.  WETIIEllILL.  The  difl"erence  in  ex- 
pense is  only  fourteen  thousand  dollars  a  year, 
I  know,  but  these  various  items  go  to  swell  np 
the  grand  total,  and  I  bi'lieve  there  is  no  neces- 
sity for  more  than  three  Supreme  Court  judges. 
Even  with  three  judges  we  shall  have  great 
difficulty  in  our  nominating  Conventions  to  find 
that  number  of  men  possessing  the  recpiisite 
capability  who  will  accept  the  position  ;  and 
with  five  we  shall  encounter  the  same  difficulty, 
but  greatly  increased.  If  we  wish  to  secure 
ability  and  discretion  on  the  bench,  I  think  we 
shall  succeed  better  by  limiting  the  numl)er  to 
three  instead  of  five,  aiul  I  hope  the  change 
will  not  be  made.     ["  Question!    Question  I '"] 

Mr.  CHAPIN.  If  it  is  in  order,  I  wish  to  say 
a  word  or  two  before  the  question  is  taken.  I 
feel  the  importance,  if  not  the  necessity,  of 
having  a  bench  of  five  judges,  and  esi)eeially 
at  this  period,  when  there  is  so  much  important 
business  to  come  up  before  the  Courts.  IJut  I 
am  free  to  confess  to  this  committee  my  fear. 


subject— to  so  arrange  the  matter  of  selections 
that  the  several  districts  of  the  Territory  or 
State  shall  all  be  represented  ;  that  each  dis- 
trict shall  be  represented  in  the  nominations, 
for  whatever  offices  they  may  be.  It  will  be  so 
in  this  case,  and  that,  above  everything  else,  in 
my  opinion,  is  what  stands  in  the  way  of  mak- 
ing good  selections.  I  think,  myself,  that  we 
ought  to  have  five  judges,  but  the  question  is 
whether  we  had  not  better  start  with  three,  and 
then  leave  the  Legislature  to  increase  the  num- 
ber, if  it  shall  be  found  practicable  and  de- 
sirable. 

The  question  was  taken  upon  the  motion  of 
Mr.  Brosnan,  to  provide  for  five  judges,  and 
upon  a  division  the  vote  wasr-ayes,  8 ;  noes, 
14.     So  the  motion  was  not  agreed  to. 

The  CHAIRMAN.  The  Secretary  will  now 
read  the  article  by  sections. 


COUNTY  COURT  IN  STOREY  COUNTY. 

Mr.  KENNEDY.  It  seems  to  me  that  before 
commencing  the  consideration  of  the  article 
in  detail,  we  might  as  well  settle  this  other 
question,  in  regard  to  the  County  Court  in 
Storey  County.  I  will  therefore  move — it  makes 
no  difference  which  way  the  question  is  put — 
that  we  do  not  have  a  County  Court  in  Storey 
County. 

Mr.  LOCKWOOD.  I  rise  to  a  question  of 
order.  It  does  not  need  any  motion  or  resolu- 
tion. If  the  gentleman  desires  to  move  to 
strike  out  so  much  as  relates  to  that  subject,  I 
have  no  oljjection. 

Mr.  KENNEDY.  I  think  my  motion  is  the 
very  one  that  should  be  made,  because  it  will 
be  a  vexed  question,  and  it  can  be  settled  bet- 
ter now  than  when  we  are  considering  the  ar- 
ticle by  sections.  And  there  is  another  idea 
that  should  be  taken  into  consideration  ;  if  we 
do  not  have  a  County  Court  in  Storey,  it  will  be 
necessary  to  increase  the  number  of  District 
Judges  in  that  county. 

The  CHAIRMAN.  The  Chair  will  entertain 
the  motion  at  the  present  time,  believing  that 
it  will  tend  to  harmonize  our  action. 

Air.  NOURSE.  I  am  in  favor  of  this  motion, 
and  my  reason  is,  that  it  will  preserve  uni- 
formity in  our  judicial  system.  In  the  commit- 
tee I  was  unable,  and  I  still  am  unable,  to  see 
any  good  reason  why  we  should  provide  for  a 
County  Court  in  one  county,  and  for  none  in 
the  others,  when  the  addition  of  another  District 
Judge  in  that  county,  nuiking  three  instead  of 
two  in   the  district,  will  be  sufficient  jjrovision 


for  all  the  litigation  of  the  county  ;  and  then  all 
that  when  we  come  to  select  five  judges  of  the  i  the  records  may  be  brought  together,  and  kept 
Supreme  Court,  and  then  some  eight  or  nine   in  one  place.     This  projjosition  for  a  County 


judges  of  the  several  District  Courts,  we  shall 
find  ourselves  a  little  short  of  timber. 


Court  in  Storey  County,  it  seems  to  me,  makes 
a  bad  break  in  our  system,  which  is  wholly 


18th  day.] 


JUDICIAL  DEPARTMENT. 


645 


Saturday,] 


Frizell — DeLong — Kennedy. 


[July  23. 


unnecessary.  Although  there  may  be  good 
reasons  for  it,  I  have  not  yet  heard  any  such 
advanced. 

Mr.  FRIZELL.  I  hope  the  report  of  the 
Committee  on  the  .Judiciary,  in  relation  to  the 
County  Court  of  Storey  County,  will  be  sus- 
tained. With  all  due  deference  to  gentlemen 
who  think  differently,  in  my  opinion,  we  need 
there  a  court  of  that  character.  And  I  cannot 
see  that  the  provision  creates  any  particular  in- 
harmony  or  discord  in  our  proposed  judicial 
system,  when  it  allows  the  Legislature,  as  soon 
as  any  other  county  shall  progress  sufficiently  in 
wealth  and  population,  to  establish  a  County 
Court  in  such  county  also.  There  are  the  Coun- 
ties of  Lander,  and  Humboldt,  and  Esmeralda, 
to  each  of  which  it  is  proposed,  by  the  report  of 
the  Judiciary  Committee,  to  give  but  one  court 
and  one  judge  ;  but  I  look  forward  to  the  time 
when  they  will  have  so  far  advanced,  by  reason 
of  their  local  wealth,  and  their  natural  pro- 
gress, as  to  need  another  court.  Within  the 
next  two  years,  I  have  faith  to  believe  that 
one,  two,  and  possibly  all  three  of  those  coun- 
ties will  require  a  County  Court  in  addition, 
and  the  Legislature  can  make  the  necessary 
provision.  In  the  meantime  they  will  be  suffi- 
ciently provided  for  under  this  article  as  re- 
ported. Therefore,  I  say  that  I  discover  no 
particular  discord  or  inharmony  in  this  provi- 
sion for  County  Courts. 

I  am  sorry  to  differ  with  gentlemen,  but  as  a 
representative  of  Storey  County,  I  say  we  do 
need  that  court.  Our  circumstances  in  that 
county  are  peculiar.  There  are  numerous  cases 
which  properly  come  before  a  court  of  such 
nature,  that  might  occupy  all  its  time,  sitting 
eveiy  day  in  the  year.  The  District  Court  will 
have  only  its  regular  sessions,  and  these  minor 
cases  could  only  be  reached  at  the  regular  terms, 
and  would  frequently  have  to  go  over  from  term 
to  term.  Hence,  I  insist  that  a  County  Court  is 
needed  in  Storey  County.  Besides,  I  am  al- 
ways disposed  to  look  with  some  degree  of 
suspicion  on  pi'actising  attorneys— [merriment] 
— that  is,  in  regard  to  the  establishment  of  the 
courts.  I  stand  here  more  as  the  representative 
of  the  people  than  of  the  bar,  and  I  say  that 
the  people  of  that  county  need,  and  require  us 
to  give  them  a  County  Court.  I  hope  that  the 
report  of  the  committee  will  be  sustained. 

Mr.  DeLONG.  There  is  exactly  where  the 
whole  difficulty  lies,  and  that  is  what  prevailed 
in  the  committee.  Our  darling  little  sister, 
Gold  Hill,  is  aspiring.  She  wants  to  have  the 
county  divided,  and  when  it  is  cut  in  two,  she 
thinks  she  will  get  a  court.  In  order  to  pro- 
mote that  end,  the  gentleman  is  willing  to 
muddle  this  business,  and  injure  the  profession. 

Mr.  FRIZELL.     Did  I  not  give  that  up  ? 

Mr.  DeLONG.  Yes ;  by  word  of  mouth ; 
but  some  how  or  other  in  the  committee  the 
gentleman  beat  me,  and  having  some  experience 
in  matters  of  that  sort,  I  at  once  imagined  there 
was  a  cat  in  the  meal,  and  I  am  still  of  the  same 
opinion.     [Merriment.] 


Now  is  it  not  really  the  object  to  divide  the 
district,  and  give  the  little  caiion  city  a  court?  If 
not,  what  is  the  object  of  our  having  a  County 
Court  ?  Cannot  three  District  Judges  do  all  the 
judicial  business  that  we  require  in  that  county, 
with  the  aid  of  the  justices  of  the  peace,  and  so 
maintain  the  harmony  of  the  system  throughout 
the  State?  We  can  have  one,  two,  or  three 
judges,  just  as  we  need.  But,  no !  With  this 
exception  for  a  County  Court  in  our  county, 
the  whole  article  has  got  to  be  interlarded  with 
•'  except  the  County  of  Storey,"  and  to  the 
courts  in  that  county  is  to  be  given  especially 
such  and  such  jurisdiction.  I  say  it  muddles 
the  whole  thing,  and  I  hope  that.  Storey  County 
will  be  allowed  to  stand  like  the  rest  of  the 
State.  Gold  Hill  appears  in  this  matter  here, 
as  it  did  in  the  committee.  It  outmanaged  me 
there,  but  I  trust  that  the  Convention  will  take 
the  matter  in  hand,  and  preserve  the  uniformity 
of  our  judicial  system. 

Mr.  KENNEDY.  I  have  no  particular  feeling 
in  this  matter,  and  the  only  objection  I  have  to 
making  the  exception  in  relation  to  Storey 
County,  is  that  it  spoils  the  harmony  of  the  sys- 
tem. I  have  also  heard  from  several  of  the 
delegates  from  Storey  County,  that  the  people 
do  not  want  it  there,  but  that  they  would  pre- 
fer to  have  three  district  judges.  In  this  mat- 
ter I  am  willing  now,  as  I  was  before  the  com- 
mittee, to  abide  by  the  wishes  of  Storey  County, 
and  believing  that  a  majority  of  the  people  of 
the  county  directly  interested  desire  to  have 
three  district  judges,  and  not  a  County  Court,  I 
shall  vote  to  abolish  the  County  Court. 

Mr.  FRIZELL.  I  spoke  only  two  minutes 
and  a  half  or  three  minutes,  before,  so  my  time 
is  not  yet  exhausted.  Now  I  am  surprised  that 
the  gentleman  from  Lyon  should  profess  to 
know  more  about  the  wishes  of  the  people  of 
Storey  County  than  I  do.  and  1  assert  that  so 
far  as  establishing  three  District  Judges  is  con- 
cerned, there  is  not  a  man  or  boy,  old  woman 
or  young  maid,  in  Storey  County  that  has  ad- 
vocated it  to  my  knowledge. 

Mr.  DeLONG.  If  you  have  a  County  Court, 
suppose  you  want  a  change  of  venue  from 
Storey  County  in  any  case,  what  Court  would 
you  go  to  ? 

Mr.  FRIZELL.  Excuse  me  ;  I  am  talking  on 
time.     [Merriment.] 

Mr.  DeLONG.     Oh  ;  very  well. 

Mr.  FRIZELL.  Now  I  have  no  sinster  mo- 
tives in  this  matter.  I  seek  nothing,  and  am 
asking  nothing  for  Gold  Hill.  All  I  did  ask  in 
the  first  place,  I  gave  up.  Yielding  to  men 
older  than  myself,  I  acquiesced  in  the  best 
humor  in  the  world.  But  the  people  of  Storey 
County  do  not  want  three  District  Judges,  and 
I  do  not  want  them  to  have  them  because  they 
really  are  not  needed.  On  the  other  hand,  the 
County  Court  is  really  needed,  and  I  hope  we 
shall  liot  be  deprived  of  it.  Why,  sir,  I  was  in 
the  Court  when  eight  divorces  were  granted  in 
one  day.  [Laughter.]  At  least  it  is  so  report 
ed.   I  have  mixed  among  the  people  of  Storey, 


646 


JUDICIAL  DEPARTMENT. 


[18tli  day. 


Saturday,] 


Kennedy — Collins — Parker. 


[July  23. 


not  one  class  alone,  but  all  classes,  and  I  say 
we  do  not  want  three  District  Judges.  And  if 
you  do  away  with  our  County  Court,  I  shall 
make  auotlu-r  sjieofh  ot  five  minutes,  if  I  can 
get  a  chance,  in  favor  of  two  Di:*trict  Courts. 

Mr.  KENNEDY.  I  only  wish  to  say,  that  be- 
fore the  gentleman's  colleague,  Mr.  Ilovey, 
went  away  this  morning,  he  talked  with  me  on 
this  subject,  and  his  earnest  desire  was  to  be 
here,  in  order  to  aid  in  abolishing  this  County 
Court  of  Storey  County.  He  has  often  told  me 
that  was  the  wish  of  the  people  of  Storey 
County. 

Mr.  COLLINS.  I  do  not  know  by  what  right 
the  gentleman  spoke  for  Storey  County.  I 
claim  to  be  as  much  a  representative  of  that 
county  as  any  other  gentleman  on  this  floor, 
and  without  professing  to  be  able  to  state  pos- 
itively what  is  the  opinion  of  the  people  of 
Storey,  for  one  I  believe  that,  if  their  true  sen- 
timent were  obtained,  it  would  be  found  to  be 
almost  unanimously  in  favor  of  a  County  Court. 
I  know  what  is  the  feeling  of  the  lawyers  gen- 
erally in  regard  to  this  matter,  but  I  do  not 
think  the  influence  of  the  lawyers  should  be 
paramount  upon  a  subject  which  pertains  not 
to  them  alone,  but  to  the  people  as  a  whole. 

One  reason  why  I  want  a  County  Court  in 
our  county  is,  that  there  are  always  a  great 
many  small  cases,  involving  amounts  which 
range  between  three  hundred  and  five  hundred 
dollars,  and  to  carry  on  these  small  suits,  there 
is  a  class  of  lawyers  who  are  not  extremely 
ambitious,  and  do  not  expect  to  receive  those 
extraordinary  fees  which  the  higher  grade  of 
lawyers  do.  and  yet  they  are  just  as  competent 
as  other  men  to  carry  these  cases  through  the 
lower  courts.  By  that  means  we  can  secure 
justice,  in  cases  involving  only  those  small 
amounts,  without  paying  excessive  costs,  which 
have  been  known  in  some  cases  to  amount  to  a 
great  deal  more  than  the  sum  for  which  suit 
was  originally  l)rought. 

If  you  look  at  the  constitution  of  society  you 
will  find  it  always  divi<led  into  classes  or 
grades — with  higher,  middling,  and  lower 
grades.  And  if  you  look  at  the  various  institu- 
tions organized  under  this  arrangenumt  of  so- 
ciety, you  will  always  find  them  graded  in  the 
same  manner,  l)ecause  there  is  a  class  of  minds 
adapted  to  each  of  those  grades.  So  it  should 
be  with  till'  arrangemrmt  of  our  judicial  tribu- 
nals. There  is  no  reason  in  the  world  why  the 
District  Court  of  Storey  County  should  be 
brought  down  from  the  dignity  of  its  lofty  po- 
sition to  attend  to  these  small  cases  that  right- 
fully belong  to  a  class  l)eneath — to  a  Court 
lower  in  grade  than  a  Disti'ict  Court.  Then 
again,  it  W(uild  not  l)e  an  easy  matter  if  these 
small  cases  are  left  to  the  District  ('ourt,  with 
two  or  three  judges,  to  determine  which  judge 
should  try  them.  One  judge  would  feel  that  he 
did  not  want  them,  and  another  would  feel  the 
same  reluctance,  and  it  would  be  extremely! 
difficult  to  get  anybody  to  attend  to  them.  I 
insLst  that  there  is  this  large  class  of  cases  in- 


volving smaller  amounts  that  ought  to  be  given 
to  courts  of  a  lower  grade,  and  the  District 
Court  should  not  be  Ijurdened  with  them.  In 
a  lower  court  these  small  cases  could  be  car- 
ried on  cheaply  and  more  promptly,  and  that,  I 
contend,  is  the  best  system  which  gives  jus- 
tice promptly — on  the  spot — so  that  the  law's 
delay  is  practically  ignored. 

I  ask  the  Convention  to  give  us  this  smaller 
court,  that  shall  stand  intermediately  between 
the  District  Courts  and  the  range  of  the  in- 
ferior courts — those  of  the  justices  of  the  peace 
— although  it  may  not  meet  with  the  approba- 
tion of  some  of  the  lawyers  and  office-holders. 
Why,  sir,  I  have  had  occasion  to  go  to  a  law- 
yer and  ask  him  what  his  price  would  be  to 
attend  to  a  certain  case  in  a  Justice's  Court, 
and  of  course  he  would  not  charge  as  mtich 
as  in  a  District  Court ;  and  for  like  service  in 
the  County  Court  he  would  make  a  higher 
charge,  and  in  the  District  Court  so  much  more, 
making  the  arrangement  according  to  the  de- 
gree and  status  of  the  court.  Then,  I  say  that 
in  regard  to  the  expense — 

The  CHAIRMAN.  The  gentleman's  time  has 
expired. 

5lr.  PARKER.  I  understand  that  the  propo- 
sition in  the  report  is  to  have  a  County  Court 
in  only  one  county.  Now  I  am  no  lawyer,  nor 
the  son  of  a  lawyer,  but  I  would  like  to  ask  of 
gentlemen  of  the  bar.  in  all  seriousness,  how 
they  are  going  to  make  that  harmonize  with 
the  courts  in  other,  counties.  I  would  like  to 
know  particularly  what  is  going  to  be  done  in 
case  of  a  change  of  venue  ?  We  will  have  to 
make  some  special  provision  for  that,  I  suppose. 

Mr.  COLLINS.  I  will  suggest,  in  answer  to 
the  gentleman's  question,  that  the  Legislature, 
in  creating  these  courts,  would  probably  be  in 
the  possession  of  good  sense  enough  to  make 
some  provision  by  which,  in  a  case  where  a 
change  of  venue  is  desired  from  the  Storey 
County  Court,  it  can  be  carried  up  to  the  Dis- 
trict Court  of  an  adjoining  county. 

Mr.  PARKER.  I  think  we  would  have  to 
make  some  such  provision  here. 

Mr.  COLLINS.  Would  not  the  Legislature 
have  the  power,  and  the  sense  to  do  it?  It 
might  be  very  well  for  a  lawj'er  to  make;  that 
suggestion,  in  order  to  make  a  point  in  his  ar- 
gument, but  it  seems  to  me  that  it  ought  not  to 
come  from  the  practical  sense  of  a  layman. 

.Mr.  PARKER.  That  is  very  possible,  but 
then  there  are  other  difficulties.  We  provide 
that  the  Grand  Jury  shall  make  their  present- 
ments and  findings  of  indictments  in  this  court ; 
and  it  is  suggested  to  me  that  we  have  also  a 
])rovision  in  tlie  Constitution  requiring  that  all 
laws  must  be  of  a  general  nature,  and  miiform 
in  tluMr  o])eration.  Now,  in  a  case  of  murder 
in  the  first  degree,  for  instance,  the  indictment 
will  have  to  be  transferred  to  another  court. 
It  seems  to  me  that  if  we  make  such  an  excep- 
tion to  the  general  system,  a  great  deal  of  work 
will  necessarily  have  to  be  done,  in  the  way  of 
special   legislation,  in   regard   to   transferring 


18tli  day.] 


JUDICIAL  DEPARTMENT. 


647 


Saturday,] 


NouRSE — Mason — Chapin — Banks — Collins. 


[July  23. 


cases,  change  of  venue,  and  almost  everything 
else  connected  with  such  a  court. 

Mr.  NOURSE.  I  wish  simply  to  say,  that  it 
seems  to  me  there  is  a  good  deal  in  this  objec- 
tion in  regard  to  change  of  venue.  For  exam- 
ple, if  a  case  is  tried  in  the  County  Court  in 
Storey  County,  the  appeal  lies  to  the  District 
Court ;  but  if  you  change  the  venue  from  Sto- 
rey County,  you  necessarily  give  the  appeal  to 
the  Supreme  Court  instead  of  the  District  Court. 
If  you  change  one  cog  in  the  gearing,  which 
should  be  as  big  as  any  other,  it  makes  a  smash 
every  time  the  wheel  brings  it  around.  And 
you  do  not  save  any  expense  by  it.  It  is  no 
cheaper  to  try  a  case  in  the  County  Court  than 
in  the  District  Court.  The  county  will  have  to 
pay  the  District  Judges  a  salary  of  perhaps  a 
thousand  or  two  more  a  year,  but  then  you 
will  get  much  better  timber  for  judges  ;  be- 
cause, the  County  Court  being  regarded  as 
third  rate,  you  cannot  get  as  good  men  to  ac- 
cept the  position  of  judge  as  you  can  in  the 
District  Court.  It  costs  no  more  to  impanel  a 
jury,  and  no  less,  and  the  expense  ot  one  court 
is  the  same  as  the  other,  save  and  except  the 
extra  expense  of  the  judge ;  in  return  for 
which  you  get  a  much  better  grade  of  legal 
talent  on  the  bench,  whilst  at  the  same  time 
you  jjreserve  the  uniformity  of  the  system. 

I  cannot  appreciate  the  arguments  of  these 
gentlemen  who  are  locally  interested.  I  am 
glad  to  get  information  from  them,  of  course, 
but  in  my  judgment  this  is  not  merely  a  local 
question.  We  are  making  a  Constitution  for 
the  whole  State,  and  these  gentlemen  are  here 
as  much  to  make  a  Constitution  for  the  County 
of  "Washoe  as  I  am,  and  I  am  here  to  make  a 
Constitution  for  the  County  of  Storej^,  as  much 
as  they  are.  Therefore,  while  I  take  no  part 
in  any  jealousy  or  rivalry  that  may  exist  be- 
tween Gold  Hill  and  Virginia,  I  only  ask  that 
the  system  which  we  adopt  shall  be  uniform  ; 
and  the  burden  of  proof  is  upon  those  who  ask 
for  a  County  Court,  that  would  be  a  variation 
from  the  general  system,  to  show  good  reason 
why  such  a  court  should  be  provided  for.  I 
have  heard  no  such  good  reason  yet,  and  there- 
fore I  shall  vote  for  the  amendment. 

Mr.  MASON,  I  can  see  no  reason  why  there 
should  be  this  clashing  of  interests.  I  feel  as 
much  interest  in  the  future  welfare  of  Storey 
County  as  in  that  of  Esmeralda  ;  but  I  say  if 
there  should  be  a  County  Court  in  Storey,  there 
ought  to  be  one  also  in  Esmeralda,  for  we  have 
the  same  kind  of  interests  there.  But  I  want 
uniformity  in  the  system,  and  I  am  opposed  to 
these  County  Courts.  I  look  upon  that  whole 
system,  as  it  has  existed  in  this  Territory,  as 
little  better  than  a  nuisance,  which  should  be 
abolished,  not  only  in  Washoe  and  Ornisby, 
and  other  small  counties,  but  in  every  county. 

As  to  the  great  preponderance  of  population 
in  Storey  County  at  the  present  time,  I  am  un- 
der the  impression  that  as  soon  as  the  wealth 
of  some  of  the  distant  counties  shall  become 
developed,  as,  for  example,  Humboldt,  Lander, 


Nye,  and  my  own  county.  Storey  County  will 
not  be  burdened  with  any  such  vast  superabun- 
dance of  population. 

Mr.  CHAPIN.  I  would  like  to  have  this 
judicial  system  harmonize  all  the  way  through, 
by  making  it  alike  in  every  county  ;  provided, 
always,  that  justice  can  be  meted  out  in  Storey 
County,  where  we  have  a  vast  amount  of  busi- 
ness, and  where  our  manner  of  doing  business' 
may  be  somewhat  different  from  that  of  the 
people  of  other  counties.  If  my  friend  and 
colleague  (Mr.  Collins)  be  correct  in  his  view, 
that  a  County  Court  is  going  to  bring  justice 
within  the  reach  of  the  poorer  classes  of  the 
people,  then  I  would  be  in  favor  of  it,  most 
decidedly.  I  do  not  feel  the  weight  of  his 
arguments,  however,  for  I  cannot  see  why 
the  matter  may  not  be  so  arranged  that  we  can 
get  along  just  as  well  without  a  County  Court. 
Then  any  such  suit  as  those  to  which  he  has 
referred,  may  be  brought  in  the  District  Court, 
and  the  litigants  will  have  the  benefit  of  a  bet- 
ter class  of  men  on  the  bench.  The  slight 
difference  in  the  amount  of  salary,  it  appears 
to  me,  is  of  no  account.  If  we  can  go  into  the 
District  Court,  and  have  all  our  cases  tried 
there,  I  certainly  prefer  it,  and  I  must  hear 
stronger  arguments  than  have  yet  been  ad- 
vanced to  induce  me  to  vote  for  the  County 
Court. 

Mr.  BANKS.  The  gentlemen  of  the  Storey 
County  delegation,  who  are  favorable  to  this 
proposed  County  Court,  are  among  those  mem- 
bers of  the  Convention  to  whose  judgment  I 
have  been  more  especially  in  the  habit  of  de- 
ferring, and  I  would  very  gladly  do  so  in  this 
instance,  if  I  could.  But,  after  listening  to  their 
arguments,  I  think  the  question  resolves  itself 
down  to  this — or,  at  all  events,  I  see  no  point 
except  this — that  by  having  a  County  Court 
the  community  will  be  enabled  to  give  employ- 
ment to  a  class  of  lawyers  generally  regarded 
as  inefficient.  Now,  sir,  I  have  always  believed 
in  stimulating  talent  to  the  attainment  of  the 
most  exalted  qualifications  possible,  and  by  fa- 
voring the  employment  of  only  the  best  lawyers, 
we  shall  be  stimulating  the  ambition  of  mem- 
bers of  the  profession  to  rise  to  that  rank. 
There  is  in  California  a  class  of  lawyers  who 
never  seem  to  aspire  to  anything  beyond  the 
Justices'  Courts,  and  another  class  who  never 
attempt  to  rise  above  the  level  of  the  County 
Courts.  Those  two  classes  I  believe  to  be 
nuisances  in  any  community,  and  I  am  ready 
to  vote  for  anything  that  will  have  a  tendency 
to  discourage  their  existence.  I  believe  there 
is  no  reason  for  this  proposed  deviation  from 
the  general  system,  except  the  one  assigned  by 
the  gentleman  from  Storey,  (Mr.  Collins.)  to 
which  I  have  alluded,  and  that  I  conceive  to 
be  a  very  bad  reason.  Therefore  I  shall  vote 
in  favor  of  establishing  a  uniform  system  in  all 
the  counties  of  the  State. 

Mr.  COLLINS.     I  ask  the  privilege  of  saying 
a  word  or  to  two — only  half  a  minute.  [••  Leave 
Leave!"] 


648 


JUDICIAL  DEPARTMENT. 


[18th  dav. 


Saturday,]     Collins— Parker— Gibson— Brosnan—DeLong— Johnson— Dunne,  etc.    [July  23, 


The  CHAIRMAN.  The  gentleman  will  be 
allowed  half  a  minute,  if  there  is  no  objection. 

Mr.  COLLINS.  I  wish  to  say  this,  that  in 
our  Probate  Court,  or  County  Court,  at  this 
time,  the  docliet  is  full,  or  certainly  very  nearly 
so.  There  are  four  hundred  cases  or  there- 
abouts upon  the  printed  docket.  Now,  it  will 
take  six  months,  or  a  year  probably,  for  the 
District  Court  to  clear  off  the  present  docket, 
and  the  small  cases  ought  to  be  tried  from  week 
to  week,  or  from  month  to  month.  The  parties 
who  are  interested  in  them  will  suffer  heavily, 
unless  they  have  their  cases  promptly  tried 
from  time  to  time,  and  if  we  form  these  Dis- 
trict Courts  only,  making  no  provision  for  a 
County  Court,  they  cannot  be  tried  until  the 
docket  of  the  District  Court  is  cleared.  I  think 
that  would  work  a  manifest  and  great  injustice 
to  the  poorer  class  of  litigants,  compelling 
them  to  wait  until  all  these  collossal  cases  are 
tried,  some  of  which  are  going  to  occupy  the 
time  of  the  Courts  probably  from  one  to  three 
weeks  apiece. 

I  contend  that  society  is  classified,  not  by 
arbitrary  rule,  but  by  the  law  of  nature,  into 
first,  second,  third,  and  even  fourth  grades,  and 
that  we  should  not  overlook  that  great  law  of 
nature  wlien  we  are  making  the  fundamental 
law  of  the  community.  If  a  lawyer  is  compe- 
tent to  carry  causes  through  the  Probate  Court, 
and  not  competent,  perhaps,  for  the  higher 
court,  we  should  nevertheless  not  ignore — 

The  CHAIRMAN.  The  gentleman's  time  has 
expired.  The  question  is  on  the  motion  of  the 
gentleman  from  Lyon,  (Mr.  Kennedy,)  to  strike 
out  the  provision  for  a  County  Court  in  Storey 
County. 

Mr.  COLLINS.  Is  it  in  order  to  move  to 
refer  it  back  to  the  Storey  delegation  ? 

Mr.  PARKER.  We  are  in  Committee  of  the 
Whole. 

Mr.  COLLINS.  But  cannot  one  committee 
refer  a  subject  to  another? 

Mr.  PARKER.     Certainly  not. 

Mr.  GIBSON.  I  move  that  the  committee 
rise,  and  recommend  that  this  part  of  the  arti- 
cle be  referred  to  the  Storey  delegation. 

Mr.  BROSNAN.  There  is  nothing  before  the 
committee,  exoejit  this  motion.  We  have  not 
yet  coiisidtji'cd  tlic  article  by  sections. 

Mr.  DeLUNG  raised  a  question  of  order  that 
the  motion  to  rise  could  not  be  entertained 
wiiile  .Mr.  Kennedy's  motion  was  pending. 

After  a  brief  discussion. 

The  CHAIRMAN  overruled  the  point  of  order, 

Mr.  DeLONG.  The  Storey  delegation  cannot 
agree,  and  what  is  the  use  of  referring  it  ?  We 
shall  have  to  settle  the  question  here,  at  last. 

Mr.  JOHNSON.  I  would  prefer  that  the 
delegation  should  settle  the  question  among 
themselves,  but  th(^  trouble  is  this,  that  the 
change  proposed  will  involve  corresponding 
changes  in  many  other  sections,  and  it  wouhl 
be  impossible  for  the  Convention,  or  the  Com- 
mittee of  the  Whole,  to  proceed  any  further 
with  the  article  until  final  action  has  been  taken 


upon  this  question.  The  proposed  reference 
to  the  delegation  would  therefore  practically 
place  the  whole  article  beyond  our  reach,  for 
further  consideration,  until  the  delegation  shall 
have  reported. 

Mr.  DUNNE.  I  call  attention  to  the  fact  that 
the  reference  would  be  equivalent  to  an  ad- 
journment, as  this  is  the  only  business  which 
the  Convention  has  ready  for  consideration. 

The  question  was  taken  on  Mr.  Gibson's  mo- 
tion that  the  committee  rise  and  recommend  a 
reference  to  the  Storey  delegation,  and  it  was 
not  agreed  to. 

The  question  was  then  taken  on  the  motion 
of  Mr.  Kennedy,  to  strike  out  so  much  as  re- 
lates to  a  County  Court  iu  Storey  County,  and 
it  was  agreed  to. 

Mr.  COLLINS.  I  give  notice  that  I  intend 
to  move  a  reconsideration. 

The  committee  proceeded  to  consider  the 
article  by  sections. 

ENUMERATION   OF   COURTS. 

The  SECRETARY  read  Section  1,  as  follows  : 

Sectiok  1.  The  judicial  power  of  this  State  shall  be 
vested  iu  a  Supreme  Court,  District  Courts,  iu  County 
Courts,  and  iu  Justices  of  the  Peace.  The  Legislature 
may  also  establish  Courts,  for  municipal  purposes  only, 
in  incorporated  cities  and  towns. 

Mr.  BROSNAN.  I  now  move  to  strike  out 
the  words  "  in  County  Courts." 

The  CHAIRMAN.  The  Chair  will  hold  that 
that  has  already  been  done  by  the  action  of  the 
committee. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

CONSTITUTION  OF  SUPREME  COURT. 

Section  2  was  read,  as  follows  : 

Sec.  2.  The  Supreme  Court  shall  consist  of  a  Chief 
Justice  and  two  associate  Justices,  a  majority  of  whom 
shall  constitute  a  quorum  ;  provided,  that  the  Legisla- 
ture, by  a  majority  of  the  members  elected  to  each 
branch  thereof,  may,  at  its  second  session,  or  any  time 
thereafter,  provide  for  the  election  of  two  additional 
associate  Justices,  and  if  so  increased,  three  shall  con- 
stitute a  quorum.  The  majority  of  the  whole  Court 
shall  be  necessary  to  render  a  decision. 

Mr.  STURTEVANT.  I  move  to  amend  the 
section  by  adding  the  following  : 

"  Provided,  That  there  shall  be  a  special  tax  of  one 
mill  on  the  dollar,  upon  all  property,  real,  jiersiinal, 
and  mixed,  including,'  mines  and  mining  x^roxJerty,  to 
be  retained  as  a  special  fund,  and  to  be  \ised  only  to 
pay  the  exxjenses  of  the  Sui^reme  Court  of  this  State." 

Mr.  DeLONG.  We  have  provided  for  their 
compensation  in  another  section,  by  a  court 
fee. 

Air.  NOURSE.  At  the  request  of  my  col- 
league, I  second  his  amendment. 

The  question  was  taken,  and  the  amendment 
was  not  agreed  to. 

Mr.  CHAFIN.  I  move  to  amend  by  striking 
out  "  at  its  second  session,  or  any  tinu^  there- 
after." Then  it  will  leave  the  Legislature 
power  to  make  the  addition  at  the  first  session, 
if  the  interests  of  the  people  demand  it. 


ISth  day.] 


JUDICIAL  DEPARTMENT. 


649 


Saturday,] 


Dunne — DeLong — Johnson — Brosnan — Proctor — Banks. 


[July  23. 


Mr.  DUNNE.  Why  not  strike  out  that  clause 
altogether?  Otherwise  you  limit  them,  as  it 
will  read,  to  the  first  session. 

Mr.  DeLONG.  No  ;  they  are  not  limited, 
then,  to  any  session. 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Chapin,  and  it  was  agreed  to. 

Mr.  DUNNE.  I  move  to  amend  by  inserting 
the  word  "  all  "  befoi'e  "  the  members,"'  so  that 
the  clause  will  read  :  "  by  a  majority  of  all  the 
members  elected  to  each  branch."  etc. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendments  being  offered,  the 
section,  as  amended,  was  adopted. 

ELECTION  and  TERM   OF   OFFICE    OF   JUSTICES. 

Section  3  was  read,  as  follows  : 

Sec.  3.  The  Justices  of  the  Supreme  Court  shall  be 
elected  by  the  qualified  electors  of  the  State  at  the  gen- 
eral election,  as  provided  by  law,  and  shall  hold  office 
for  the  term  of  six  years  from  the  first  day  of  January 
next  succeeding  their  election  ;  provided,  that  there 
shall  be  elected  at  the  first  election  under  this  Consti- 
tution, three  Justices  of  the  Supreme  Court,  who  shall 
hold  office  from  the  time  of  their  election  and  qualifi- 
cation, and  continue  in  office  thereafter  two,  four,  and 
six  years  respectively,  from  the  first  day  of  January 
next  succeeding  their  election.  They  shall  meet  as 
soon  as  practicable  after  their  election  and  qualifica- 
tion, and  at  their  first  meeting  shall  classify  them- 
selves, and  determine  by  lot  the  term  of  office  each 
shall  fiU,  and  the  Justice  drawing  the  shortest  term 
shall  be  Chief  Justice,  and  after  the  expiration  of  his 
term,  the  one  having  the  next  shortest  term  shall  be 
Chief  Justice,  after  which  the  senior  Justice  in  com- 
mlssion  shall  be  Chief  Justice. 

Mr.  JOHNSON.  I  submit  now  whether  it  is 
not  advisable  to  fix  the  term  so  as  to  commence 
on  tlie  first  Monday  of  December.  We  have 
a  report  from  the  Schedule  Committee,  I  be- 
lieve, iu  which  such  a  provision  is  embodied, 
but  I  do  not  understand  that  it  is  contained  in 
the  report  of  the  Judiciary  Committee.  It  is 
sufficient,  I  apprehend,  if  it  is  in  either  one  arti- 
cle or  the  other,  and  if  we  insert  it  here,  when 
we  are  called  to  act  upon  the  report  of  the 
Schedule  Committee,  if  we  find  it  repeated,  we 
can  strike  it  out.  It  is  a  matter  that  I  am  not 
particular  about,  and  I  prefer  not  to  make 
any  motion,  but  rather  to  suggest  it  to  the 
Chairman  of  the  Judiciary  Committee. 

Mr.  BROSNAN.  As  I  understand  the  article, 
they  will  be  judges  from  the  time  of  their 
election  and  qualification,  and  may  meet  for 
the  first  term  at  such  time  as  shall  be  provided, 
or  at  any  time  thereafter.  No  time  is  fixed  for 
their  first  meeting,  when  they  are  to  classify 
themselves  by  lot,  except  that  it  shall  be  as 
soon  thereafter  as  practicable. 

Mr.  PROCTOR.  If  they  are  elected  and 
qualified,  and  go  into  office  in  December,  then 
the  shortest  term  will  be  two  years  and  one 
month,  instead  of  two  years. 

Mr.  BR()SNAN.     That  is  so. 

Mr.  JOHNSON.  The  objection  I  raise  —and 
the  explanation  will  only  present  it  iu  a  more 
striking  view — is  that  there  is  no  fixed  time,  no 
definite  interval,  between  the   jjeriod  of  their 


election  and  the  time  of  their  qualification.  The 
election  will  occur  on  a  particular  day,  and 
the  time  for  qualification  must  necessarily  be 
afterwards.  My  objection  is,  that  there  is  not, 
as  there  should  be,  a  fixed  time,  not  only  for 
their  successors,  but  at  which  those  who  are 
first  elected  shall  enter  into  office. 

Mr.  BROSNAN.  I  supposed  that  was  to  be 
provided  for  in  the  Schedule — that  the  time 
would  be  fi.xed  in  that  when  the  judges,  and  all 
the  State  officers,  shall  enter  upon  the  discharge 
of  their  duties. 

Mr.  JOHNSON.  Then  this  would  be  in  con- 
flict with  the  Schedule,  because  there  the  time 
is  fixed  for  the  first  Monday  of  December. 

Mr.  BROSNAN.  We  can  make  them  harmo- 
nize. Will  the  gentleman  suggest  an  amend- 
ment that  will  be  in  conformity  with  the  provi- 
sion in  the  Schedule  ? 

Mr.  JOHNSON.  I  will  suggest  that  instead 
of  "  time  of  their  election  and  qualification," 
we  insert  "  from  the  first  Monday  in  December." 

Mr.  BROSNAN.    I  am  willing  to  accept  that. 

The  question  was  taken  on  the  amendment 
suggested  by  Mr.  Johnson,  and  it  was  agreed  to. 

Mr.  JOHNSON.  Will  the  Secretary  read  the 
proviso  as  amended  ? 

The  SECRETARY  read  as  follows  : 

"Provided,  That  there  shall  be  elected  at  the  first 
election  under  this  Constitution,  three  Justices  of  the 
Supreme  Court,  who  shall  hold  office  from  the  first 
Monday  in  December,  1861,  and  continue  in  office 
thereafter  two,  four,  and  six  years,  respectively." 

Mr.  JOHNSON.  Now  we  want  to  add  "  un- 
til the  election  and  qualification  of  their  suc- 
cessors." My  attention  has  been  particularly 
called  to  this.  The  section  should  be  so  framed 
as  by  its  language  to  continue  the  Supreme 
Court  Judges  in  office  until  the  election  and 
qualification  of  their  successors,  which  would 
be  two  years  succeeding  their  election  and 
qualification. 

The  SECRETARY.  Then  will  you  see  if  I 
have  it  right  this  time.  Striking  out,  in  the 
first  place,  "  time  of  their  election  and  qualifi- 
cation," and  inserting  in  lieu  thereof  "  first 
Monday  in  December,  1864  ;  "  then,  in  the  sec- 
ond instance,  striking  out  "  from  the  first  day 
of  January  next  succeeding  their  election,"  and 
inserting  instead  ''  and  until  the  election  and 
qualification  of  their  successors."  Then  it 
reads : 

"Provided,  That  there  shall  be  elected  at  the  first 
election  under  this  Constitution,  three  Justices  of  the 
Supreme  Court,  who  shall  hold  office  from  the  first 
Monday  in  December,  1804,  and  continue  in  office 
thereafter  two,  four,  and  six  years,  respectively,  and 
until  the  election  and  quaUfication  of  their  successors." 

Mr.  BANKS.  While  the  gentlemen  are  fixing 
that  proviso  to  suit  them,  I  will  ask  of  some 
gentleman  more  familiar  with  the  subject  than 
I  am,  what  provision  is  made  for  filling  vacan- 
cies? 

Mr.  JOHNSON.  I  will  suggest  that  we  pass 
over  this  section,  informally,  for  the  present. 

The  CHAIRMAN.  If  there  is  no  objection, 
the  section  will  be  passed  over  for  the  present. 


650 


JUDICIAL  DEPARTMENT. 


[18th  day. 


Saturday,] 


DeLong — Chairman — Wetherill — Frizell — Nocrse. 


[July  23. 


Mr.  DeLONG.  In  answer  to  the  inquiry  of 
ttie  gentleman  from  Humboldt,  I  will  state  that 
the  Committee  on  the  Judiciary  came  to  the 
conclusion,  pretty  unanimously,  I  believe,  that 
a  judge  who  could  stand  the  position  in  this 
country,  must  become  iron-clad,  and  conse- 
quciitlv  there  will  be  no  danger  of  a  vacancy. 
[Laughter.] 

The  CHAIRMAN.  The  Chair  will  say  that 
it  becomes  necessary,  gentlemen  of  the  com- 
mittee, that  we  should  have  the  entii'e  attention 
of  every  member.  It  sometimes  occurs  that 
the  neglect  of  one  member  hinders  and  delays 
the  whole  committee. 

JURISDICTION   OF  THE   SUPREME   COURT. 

Section  4  was  read,  as  heretofore  amended, 
as  follows  : 

Sec.  4.  The  Supreme  Court  shall  have  appellate  ju- 
risdiction in  all  cases  in  equity;  also,  iu  all  cases  at 
law  in  which  is  involved  the  title  or  the  right  of  pos- 
session of  real  estate  or  mining  claims,  or  the  legality 
of  any  tax,  impost,  assessment,  toll,  or  municipal  tine, 
or  in  which  the  demand  (exclusive  of  interest)  or  the 
value  of  property  iu  controversy  exceeds  three  hun- 
dred dollars ;  also,  iu  other  civil  cases  not  included  in 
the  general  subdivisions  of  law  and  equity,  and  also 
in  all  criminal  cases  in  which  the  oifense  charged 
amounts  to  felony,  on  questions  of  law  alone.  The 
Court  shall  also  ^ave  power  to  issue  writs  of  manda^ 
mus,  certiorari,  prohibition,  quo  warranto,  and  habeas 
corpus,  and  also  aU  writs  necessary  or  proper  to  the 
complete  exercise  of  its  apxDellate  jurisdiction.  Each  of 
the  justices  shall  have  power  to  issue  writs  of  habeas 
corpus  to  any  x)art  of  the  State,  upon  petition  on  behalf 
of  anj'  person  held  in  actual  custody,  and  may  make 
such  writs  returnable  before  himself  or  the  Supreme 
Court,  or  before  any  District  Court  in  the  State,  or  be- 
fore any  judge  of  said  Courts. 

Mr.  WETHERILL.  I  move  to  strike  out 
"three,"  in  the  seventh  line,  and  insert  "  two," 
so  as  to  give  jurisdiction  in  cases  exceeding 
two  hundred  dollars. 

Mr.  DeLONG.  Oh,  no !  That  breaks  up  the 
whole  arrangement. 

Mr.  AVETHERILL.    Well,  let  it  go. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

the  judicial  districts. 

Section  5  was  read,  as  follows  : 

Sec.  5.  The  State  is  hereby  divided  into  nine  Judi 
cial  Districts,  of  which  the  County  of  Storey  shall  con- 
stitute the  first;  the  County  of  Ormsby  the  second  ; 
the  County  of  Lyon  the  third ;  the  County  of  Washoe 
the  fourth  ;  the  Counties  of  Nye  and  Churchill  the 
fifth;  the  County  of  Humboldt  the  sixth;  the  (bounty 
of  Lander  the  seventh  ;  the  County  of  Douglas  the 
eighth ;  and  the  County  of  Esmeralda  the  ninth.  The 
County  of  Roop  shall  be  attached  to  the  County  of 
Washoe  for  judicial  purposes,  until  as  herein  otlier- 
wise  provided  by  law.  The  Legislature  may,  however, 
by  a  vote  of  two-thirds  of  all  the  members  elected  to 
each  branch  thereof,  provide  by  an  alteration  in  the 
boundaries  or  division  of  the  districts  herein  pre- 
scribed, or  otherwise,  for  increasing  or  diminishing  the 
number  of  the  Judicial  Districts  and  judges  therein  ; 
but  no  such  change  sliall  take  (iffect  except  in  case  of  a 
vacancy,  or  the  exjiiratiou  of  the  term  of  an  incum- 
bent of  the  office.  At  the  first  election  vinder  this  Con- 
stitution, there  shall  be  elected  in  each  of  the  respect- 
ive districts,  (except  as  in  this  section  hereafter  other- 
wise provided,)  one  District  .Judge,  who  shall  hold 
office  from  the  time  of  his  election  and  qualification 


until  the  first  day  of  January,  in  the  year  one  thou- 
sand eight  hundred  and  sixty-seven.  After  the  said 
first  election,  there  shall  be  elected  at  the  general 
election  which  immediately  precedes  the  expiration  of 
the  term  of  his  predecessor, 'one  District  Judge  in 
each  of  the  respective  Judicial  Districts,  (except  in  the 
first  district,  as  in  this  section  hereinafter  provided.) 
The  District  Judges  shall  be  elected  by  the  qualified 
electors  of  their  respective  districts,  aud  shall  hold 
office  for  the  term  of  four  years  (excepting  those  elect- 
ed at  said  first  election)  from  the  first  day  of  January 
next  succeeding  their  election  and  quahfication  ;  pro- 
viied,  that  the  first  Judicial  District  shall  be  entitled  to 
and  shall  have  two  District  Judges,  who  shall  possess 
co-exteusive  and  concurrent  jurisdiction,  aud  who 
shall  be  elected  at  the  same  time,  in  the  same  manner, 
and  shall  hold  office  for  the  like  terms,  as  herein  pre- 
scriijed  in  relation  to  the  judges  iu  other  Judicial  Dis- 
tricts. 

DISTRICT   judges   IN   STOREY   COUNTY. 

Mr.  DeLONG.  I  move  to  amend  the  proviso 
by  striking  out  the  word  "  two,"  aud  inserting 
instead  the  word  "  three,"  so  that  we  may  have 
three  judges  in  Storey  County. 

Mr.  FRIZELL.  I  look  upou  this  as  an  im- 
portant matter,  and  I  would  like  to  have  the 
yeas  and  nays  taken  upon  the  question  of  abol- 
ishing the  County  Courts. 

The  CHAIRMAN.  That  can  only  be  reached 
in  the  Convention  ;  we  are  now  in  Committee 
of  the  AVhole. 

Mr.  FRIZELL.  I  know  ;  but  when  I  go  back 
to  my  constituents,  I  wish  to  stand  right  on  the 
record.  That  is  the  reason  I  shall  ask  for  a 
vote  by  yeas  and  nays.  But  if  the  County 
Court  is  to  be  abolished,  I  think  that  two  Dis- 
trict Judges  in  Storey  County  would  be  suffi- 
cient. I  believe  there  would  be  difficulty  in 
getting  a  panel  of  jurors  for  a  greater  number 
of  courts,  for  all  the  jurors  that  can  be  obtained 
in  the  county,  in  my  opinion,  will  be  no  more 
than  are  recpiired  for  one  District  Court.  The 
busine.ss  of  the  community  is  in  a  mi.xed  up, 
hotch-potch  condition,  and  the  people  generally 
are  so  much  interested  in  the  various  questions 
that  are  litigated,  that  it  is  very  difficult  now  to 
get  an  impartial  jury.  I  think,  however,  that  we 
might  get  along  with  two  District  Judges,  if  we 
have  no  County  Court,  but  three  are  not  re- 
quired. I  hope  gentlemen  will  consider  this 
matter,  and  on  the  motion  of  my  colleague  to 
strike  out  •'  two,"  and  insert  "  three,"  I  shall 
ask  for  the  yeas  and  nays. 

The  CHAIRMAN.  It  will  not  be  in  order  to 
demand  the  yeas  and  nays  iu  Committee  of  the 
Whole. 

Mr.  NOURSE.  The  gentleman's  apprehen- 
sions are  not  well  grounded,  for  the  reason  that 
it  is  not  proposed  to  establish  three  District 
Courts,  but  only  one  District  Court,  with  three 
judges.  Those  judges  will  divide  up  the  calen- 
dar, and  hold  court  all  in  the  samt^  )>uilding, 
though  in  different  rooms.  In  my  judgment,  it 
will  be  easier  to  get  the  requisite  number  of 
jurors  for  this  one  court,  with  three  judges,  than 
it  would  be  for  two  distinct  District  Courts. 
You  will  not  require  so  large  a  venire  as  you 
would  for  two  District  Courts,  or  if  you  were 
to  have  a  se2)arate  County  Court.    For  exam- 


18th  day.] 


JUDICIAL  DEPARTMENT. 


651 


Saturday,]  Banks — DeLong — Collins — Chapin — Brosnan— Dunne — Nourse — Johnson.  [July  23. 


pie,  suppose  that  one  judge  is  impanneling  a 
jury  iu  a  murder  case.  Many  of  the  jurors  will 
be  found  disqualified  from  serving,  by  reason 
of  having  formed  an  opinion  ;  but  a  jury  is 
finally  obtained,  and  the  case  goes  on.  and  then 
all  the  jurors  who  were  excused  in  that  case 
are  perfectly  eligible  to  sit  in  the  next  room, 
before  another  judge,  who  is  trying  a  civil  case 
in  which  they  ai'e  not  interested  at  all.  There- 
fore, I  say,  it  will  not  take  as  many  jurors  to 
run  a  District  Court  with  three  judges,  as  it 
would  if  you  have  separate  courts,  in  which,  if 
a  juror  is  thrown  out  in  one  case  on  trial,  he 
cannot  act  anywhere,  and  is  left  idle  until  the 
trial  of  that  case  is  concluded. 

x\s  to  the  number  of  judges,  I  think  nobody 
will  deny  that  for  the  next  two  years,  at  all 
events,  three  judges  will  be  none  too  many  in 
that  county  ;  and  the  Legislature  may  make 
provision  for  reducing  the  number  at  that  time, 
if  there  should  be  a  decrease  in  the  amount  of 
business.  It  may  provide  that  after  the  term  of 
one  of  the  judges  expires,  there  shall  be  but 
two  in  the  district,  or  may  even  reduce  the 
number  to  one,  if  it  shall  be  deemed  expedient. 

Mr.  BANKS,  Now,  sir,  I  wish  to  understand 
this  matter  perfectly  before  I  am  required  to 
vote  upon  it.  My  impression  concerning  it 
(and  I  desire  to  be  corrected  if  I  am  not  right) 
is  this  :  In  the  first  place.  Storey  County  con- 
stitutes but  one  judicial  district,  with  one  court. 
That  court  is  to  consist,  if  we  adopt  this  amend- 
ment, (as  I  suppose  we  shall,  after  having  abol- 
ished the  County  Court.)  of  three  judges.  They 
are  to  occupy  different  apartments,  in  the  trial 
of  causes  ;  and  then,  so  far  as  relates  to  decis- 
ions, 1  will  ask  if  it  will  require  the  concur- 
rence of  at  least  two  of  the  judges  to  render  a 
decision  ? 

Mr.  DeLONG.  Oh,  no  ;  they  are  to  be  inde- 
pendent. 

Mr.  BANKS.  They  will  be  independent, 
then,  so  far  as  their  action  is  concerned,  but 
they  will  constitute,  at  the  same  time,  one 
court.  Now,  I  ask,  why  would  it  not  be  as  well 
to  create  three  courts,  allowing  each  one  of 
them  to  exercise  jurisdiction  all  over  the  county 
just  as  it  is  now  provided  they  shall,  instead  of 
constituting  one  court,  and  "leaving  the  three 
judges  of  that  court  to  sit  and  act  separately, 
as  though  each  judge  constituted  a  court? 

Mr.  DeLONG.  The  difliculty  is  this  :  sup- 
pose that  one  judge  should  be  a  little  more 
popular  than  the  others  ;  the  result  would  be 
that  his  court  would  be  overcrowded,  and  the 
other  two  would  be  without  business,  or  with 
very  little  to  do,  so  that  we  should  be  blocked 
up  just  as  badly  as  we  are  now.  Under  this 
arrangement,  lawyers  and  litigants  will  not 
know  beforehand  which  judge  is  going  to  try 
any  particular  cause.  After  the  calendar  is 
made  up,  the  judges  will  apportion  it  among 
themselves,  and  each  then  goes  into  session 
upon  the  cases  assigned  to  him,  and  it  is  only 
after  the  apportionment  of  the  calendar  that  a 
man  knows  which  judge  be  is  to  appear  before. 


In  that  way  everything  goes  on  harmoniously. 
There  are  no  separate  records,  and  only  one 
clerk  and  one  jni-y, 

Mr.  BANKS.  Well,  the  answer  is  perfectly 
satisfactory  to  me. 

Mr.  COLLINS.  I  hope  this  amendment  will 
not  be  adopted,  but  that,  on  the  contrary,  we 
shall  adhere  to  the  provision  for  two  judges. 
When  the  proper  time  comes,  I  shall  endeavor 
to  urge  my  reasons,  as  well  as  I  may  within  the 
five  minutes  allowed.  I  do  not  think  that  now 
is  the  time  to  make  a  speech  upon  that  point. 

The  question  was  taken,  viva  voce,  on  the 
amendment  offered  by  Mr.  DeLong,  and  the 
vote  appeared  to  be  in  the  affirmative. 

Mr.  COLLINS.     I  ask  for  a  division. 

Mr.  DeLONG.  I  have  a  word  to  say  before 
the  division  is  taken,  and  it  is  this  :  I  express  it 
as  my  opinion,  as  a  member  of  the  bar  of 
Storey  County,  that  two  district  judges,  work- 
ing constantly  from  this  time  on  for  one  year, 
could  not  try  all  the  causes  which  are  now  on 
the  calendar.  There  are  about  four  hundred 
causes  on  the  calendar,  besides  a  number  which 
have  been  commenced  since  the  calendar  was 
printed.  Then,  in  addition,  tljey  ai"e  to  have 
all  the  business  now  done  by  the  Probate 
Court,  which  will  occupy  a  great  deal  of  time 
every  month.  Therefore,  I  say,  if  you  limit  it 
to  two  judges,  the  court  will  be  blocked  up  just 
as  it  is  now.  We  have  some  mining  suits  which 
will  take  two,  three,  or  four  weeks  each  to  try, 
and  then  all  the  County  Court  business  and 
criminal  cases  are  also  to  come  in.  We  require 
the  services  of  three  judges,  and  cannot  get 
along  with  a  less  number. 

The  question  was  taken  by  a  division,  on  Mr. 
DeLong's  amendment,  and  the  vote  was — ayes, 
16  ;  noes,  2 — no  quorum  voting. 

The  question  was  then  again  taken,  viva  voce, 
and  the  amendment  was  agreed  to. 

Mr.  CHAPIN.  I  have  an  amendment  to  come 
in  at  the  end  of  the  section.  I  move  to  amend 
by  adding  the  following  words  : 

"Provided,  That  the  Legislature  may  reduce  the 
number  of  District  Judges,  when  the  business  of  the 
county  can  be  ijerformed  by  a  less  number." 

Mr.  BROSNAN.  That  is  already  provided 
for, 

Mr.  CHAPIN.  All  right,  then  ;  I  withdraw 
it. 

Mr.  DUNNE.  I  understood  the  Secretary  to 
read  that  the  County  of  Roop  shall  be  attached 
to  Washoe,  etc.,  "  until  as  herein  otherwise 
provided."  I  call  the  attention  of  the  Chair- 
man of  the  Judiciary  Committee  to  that  lan- 
guage. I  would  like  to  know  whether  the 
word  -'as  "  is  there,  or  not. 

The  SECRETARY.  It  reads,  '•  until  as  here- 
in otherwise  provided  by  law. 

Mr.  NOURSE.  I  move  to  strike  out  the  words 
"  as  herein." 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

Mr.  JOHNSON.  I  desire  to  propose  an 
amendment,  which  will  be  in  harmony  with  the 


652 


JUDICIAL  DEPARTMENT. 


[18th  day. 


Saturday,] 


Johnson — DeLong. 


[July  23. 


suggestion  I  made  relative  to  the  terms  of  judges 
of"  the  Supreme  Court.  I  caunot  refer  to  the 
number  of  the  lines,  as  I  am  reading  from  the 
printed  copy,  but  the  clause  I  wish  to  amend 
now  reads  as  follows  : 

"  At  the  first  election  under  this  Constitution,  there 
shall  be  elected  iu  each  of  the  respective  districts,  (ex- 
cept as  iu  this  section  hereafter  otherwise  provided,) 
one  District  Judge,  who  shall  hold  office  from  the  time 
of  his  election  and  qualification,  until  the  first  day  of 
Januarj-,  in  the  year  18C7." 

This  is  liable  to  the  same  objection  as  that 
which  was  urged  in  reference  to  the  Supreme 
Court  Judges,  and  to  prevent  a  conflict  of  lan- 
guage, I  move  to  strike  out  the  words  "  time  of 
his  election  and  qualification."  and  insert  in 
their  stead  "  first  Monday  of  December,  1864," 
and  it  will  then  read  : 

"One  District  Judge,  who  shall  hold  office  from  the 
first  Monday  of  December,  1864,  and  untU  the  first  day 
of  January,  in  the  year  1867." 

The  question  was  talcen,  and  the  amendment 
was  agreed  to. 

Mr.  JOHNSON.  Now  I  will  offer  another 
amendment  in  the  same  clause.  It  reads—"'  At 
the  first  election  under  this  Constitution,"  etc. 
I  move  to  insert  the  word  "general."  so  as  to 
read — •'  At  the  first  general  election."  No  doubt 
this  was  intended,  as  I  see  the  word  '-general" 
occurs  in  a  subsequent  clause. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  JOHNSON.  I  would  suggest  a  still  fur- 
ther amendment  in  the  same  sentence.  In  the 
printed  copy  it  reads—"  And  until  the  first  day 
of  January,"^in  the  year  1867,"  and  the  amend- 
ment I  suggest,  is  to  insert  the  syllable  "  Mon," 
so  as  to  read — "  And  until  the  first  Monday  of 
January,  in  the  year  1867. "•' 

The  amendment  suggested  was  agreed  to  by 
unanimous  consent. 

Mr.  JOHNSON.  The  same  alteration  is  ren- 
dered necessary  in  the  subsequent  clause,  which 
reads  as  follows : 

"  The  District  Judges  shall  be  elected  by  the  quali- 
fied electors  of  their  respective  districts,  and  shall  hold 
office  for  the  term  of  four  years,  (excepting  those  elect- 
ed at  said  first  election,)  from  the  first  day  of  January 
next  succeeding  their  election  and  quaUfication." 

I  move  to  amend  by  inserting  the  syllable 
"  Mon  "  in  that  clause  also,  so  as  to  read  "  from 
the  first  Monday  of  January,"  instead  of  the 
"  first  day  of  January." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

No  further  amendments  being  oflered,  the 
section,  as  amended,  was  adopted. 

JUSTICES   OF   SUPREME    COURT — AGAIK. 

Mr.  JOHNSON.  I  ask  that  the  committee 
now  return  to  the  consideration  of  Section  3, 
which  was  passed  over  informally. 

The  CIIAIilMAN.  If  there  is  no  objection 
the  committee  will  take  up  Section  3  again. 

.Mr.  JOHNSON.  I  orter  the  same  amendment 
in  the  first  clause  of  Section  3,  so  as  to  read— 


"  Shall  hold  office  for  the  term  of  six  years  from 
the  first  Monday  of  January  next  succeeding 
their  election,"  instead  of  the  "  first  day  of  Jan- 
uary." 

The  amendment  was  agreed  to  by  unanmious 
consent. 

Mr.  JOHNSON.  The  same  amendment  is 
necessary  a  few  lines  further  on.  It  now  reads 
— '■  and  continue  in  office  thereafter  two,  four, 
and  six  years,  respectively,  from  the  first  day 
of  January  next  succeeding  their  election."  I 
move  to  amend  that  so  as  to  read — •'  from  the 
first  Monday  of  January  next  succeeding  their 
election." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  JOHNSON.  The  section  has  already 
been  amended  by  striking  out  "time  of  their 
election  and  qualification,"  and  inserting  in- 
stead "  first  Monday  of  December,  1864."  I  will 
ask  that  the  section  be  read  as  now  amended. 

The  SECRETARY  read  as  follows  : 

Sec.  3.  The  Justices  of  the  Supreme  Court  shall  be 
elected  by  the  qualified  electors  of  the  State  at  the 
general  election,  as  provided  by  law,  and  shall  hold 
office  for  the  term  of  six  years  from  the  first  Monday 
of  January  next  succeeding  their  election  ;  provided, 
that  there  shall  be  elected  at  the  first  election  under 
this  Constitution,  three  Justices  of  the  Sui)reme  Court, 
who  shall  hold  office  from  the  first  Monday  of  Decem- 
ber, 1864,  and  continue  in  office  thereafter  two,  four, 
and  six  years  respectively,  from  the  first  Monday  of 
January  next  succeeding  their  election.  They  shall 
meet  as  soon  as  practicable  after  their  election  and 
qualification,  and  at  their  first  meeting  shall  classify 
themselves,  and  determine  by  lot  the  term  of  office 
each  shall  fiU,  and  the  Justice  drawing  the  shortest 
term  shall  be  Chief  Justice,  and  after  the  expiration  of  ' 
his  term,  the  ou,e  ha\'ing  the  next  shortest  term  shall 
be  Chief  Justice,  after  which  the  senior  Justice  in  com- 
mission shall  be  Chief  Justice. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

JURISDICTION   OF   DISTRICT   COURTS. 

Section  6  was  read  as  follows  : 

Sec.  6.  The  District  Court  in  the  several  Judi- 
cial Districts  of  this  State,  (except  in  the  First  Dis- 
trict, for  which  distinct  provision  is  otherwise  made 
in  this  article,)  shall  have  original  jurisdiction  in  all 
cases  iu  equity  ;  al.so,  in  all  cases  at  law  which  involve 
the  title  to  or  the  right  of  possession  of  real  property, 
or  mining  claims,  or  the  legalitj-  of  any  tax,  impost, 
assessment,  toll,  or  municipal  fine,  and  in  all  other 
cases  in  which  the  demand  (exclusive  of  interest)  or 
the  value  of  the  proijerty  in  controversy  exceeds  three 
hundred  dollars  ;  also,  in  all  cases  relating  to  the  es- 
tates of  deceased  xjersons,  and  of  the  action  of  forcible 
entry  and  uulawfiil  detainer,  and  also,  in  all  criminal 
ceases,  not  otherwise  provided  for  in  this  Constitution, 
under  such  regulations  as  may  be  prescribed  by  law. 
They  shall  also  have  ai>pellate  jurisdiction  in  cases 
arising  in  Justices'  Courts,  and  other  inferior  tribu- 
nals, as  the  Legislature  may  ijrescribe.  The  District 
Courts  and  their  judges  shall  have  power  to  issue  writs 
of  mandamus,  injunction,  quo  warranto,  certiorari, 
and  all  other  writs  necessary  to  the  complete  exercise 
of  their  jurisdiction  ;  and  also,  shall  have  power  to 
issue  writs  of  habeas  corpus,  on  petition  by  or  on  be- 
half of  any  jierson  held  in  actual  custody  in  their  re- 
spective districts. 

Mr.  DeLONG.  I  suggest  that  we  have  al- 
ready virtually  stricken  out  that  which  is 
contained  within  the  first  parentheses,  except- 


ISth  day.] 


JUDICIAL  DEPARTMENT. 


653 


Saturday,] 


Johnson— Banks — DeLong — Brosnan— Noursb — Dunne. 


[July  23. 


ing  the  First  District.  I  move  that  all  that, 
including  the  jiarentheses,  be  stricken  out. 

The  amendment  was  agreed  to  by  unani- 
mous consent 

Mr.  JOHNSON.  I  move  to  amend  by  insert- 
ing after  the  words  "  deceased  persons,''  the 
■words,  "  and  the  persons  and  estates  of  minors."' 

Mr.  BANKS.  I  will  suggest  further,  whether 
it  would  not  be  well  to  include  cases  of  divorce, 

Mr.  De  long.  They  are  covered  already. 
Those  are  actions  in  equity,  and  it  is  provided 
that  the  District  Courts  shall  have  original 
jurisdiction  in  all  cases  in  equit}-.  They  will 
also  have  jurisdiction  in  all  other  cases  provi- 
ded for  by  law. 

Mr.  BROSNAN.  I  have  no  objection  to  the 
amendment  of  the  gentleman  from  Ormsby, 
(Mr.  Johnson,)  but  it  appears  to  me  that  the 
courts  must  have  equity  jurisdiction  over  the 
estates  of  minors  and  insane  persons.  That  is 
clearly  a  branch  of  the  equity  jurisdiction  of 
the  courts. 

Mr.  JOHNSON.  I  will  add  to  my  amend- 
ment the  words,  "  and  insane  persons." 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Johnson,  as  modified,  and  it  was 
agreed  to. 

Mr.  NOURSE.  I  find  a  clause  here  which 
reads  : 

"  They  shall  also  have  appellate  jurisdiction  in  cases 
arising  in  .Justices'  Courts,  and  other  inferior  tribu- 
nals, as  the  Legislature  may  prescribe." 

I  move  to  amend  that  by  inserting  the  word 
"  such  ''  before  '•  other,"'  so  as  to  read,  '•  in  such 
other  inferior  tribunals  as  the  Legislature  may 
prescribe." 

The  amendment  was  agreed  to  by  unani- 
mous consent. 

Mr.  DUXNE.  I  move  to  amend  by  striking 
out  the  word  "  prescribe,"  and  inserting  "  pro- 
vide." To  "  prescribe  "  would  imply  a  limita- 
tion of  jurisdiction. 

The  amendment  was  agreed  to  by  unani- 
mous consent. 

No  further  amendment  being  offered,  the 
section,  as  amended,  was  adopted. 

STOREY  COUNTY  COURT. 

Section  7  was  read,  as  follows  : 

Sec.  7.  The  District  Court  in  the  First  Judicial  Dis- 
trict shall  have  original  jurisdiction  in  all  cases  in 
equity;  also,  in  all  cases  at  law  which  involve  the  title 
or  the  right  of  possession  to  or  the  possession  of  real 
property,  or  mining  claims,  or  the  legalitj"  of  any  tax, 
impost,  assessment,  toll,  or  municipal  line,  and  in  all 
other  cases  in  which  the  demand  (exclusive  of  interest) 
or  the  value  of  the  i^roperty  in  controversy  exceeds 
five  hundred  dollars;  also,  in  all  other  civil  cases  not 
provided  for  in  this  Constitution,  and  also  in  all  crim- 
inal cases  where  the  punishment  may  be  death.  The 
said  District  Court,  and  the  judges  thereof,  shall  have 
power  to  issue  writs  of  mandamus,  injunction,  quo 
warranto,  certiorari,  and  aU  other  writs  necesary  to  the 
complete  exercise  of  its  jurisdiction  ;  and  also,  shall 
have  i^ower  to  issue  writs  of  habeas  corpus,  on  pe- 
tition by  or  on  behalf  of  any  person  held  in  actual  cus- 
tody in  said  district. 

Mr.  DeLONG.  All  that  needs  to  come  out 
now,  since  we  have  determined  to  make  the  sys- 


tem uniform  by  abolishing  the  County  Court  in 
Storey  County.  I  move  that  the  section  be 
stricken  out. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Mr.  NOURSE.  I  move  to  strike  out  Section 
8,  also.  There  is  rto  need  of  reading  it,  for  it 
relates  altogether  to  County  Courts. 

The  question  was  taken,  and  the  motion  was 
agreed  to.  , 

Mr.  NOURSE.  Section  9  is  all  in  regard  to 
the  County  Court,  also.  I  think  that  had  bet- 
ter be  stricken  out  without  taking  the  time  to 
read  it. 

JURISDICTION   IN   STOREY   COUNTY. 

Mr.  JOHNSON.  It  is  not  necessary  to  read 
the  section.  But  in  this  connection,  I  desire  to 
call  the  attention  of  members  of  the  legal  pro- 
fession to  one  important  considei'ation.  So  far 
as  it  relates  to  criminal  business,  ample  provi- 
sion has  been  made  in  this  section  ;  but  since 
it  has  been  determined  to  assign  that  business 
in  Storey  County  to  a  District  Court  embracing 
three  judges,  I  apprehend  that  some  further 
provision  will  be  necessary.  The  court  is  to  be 
organized  in  December,  and  the  Legislature 
does  not  convene  until  that  time  ;  hence  it  is 
necessary,  in  my  judgment,  to  adopt  some  pro- 
vision in  the  Constitution  by  which  a  grand 
jury  can  be  impanneled  in  the  meantime,  be- 
cause their  services  may  be  required  before  the 
Legislature  will  have  time  to  enact  needful 
laws  concerning  this  particular  matter.  It  oc- 
cursto  me  that  it  would  be  well  for  the  Con- 
vention to  designate  one  of  the  courts  in  which 
that  jurisdiction  shall  be  vested,  at  least  until 
the  Legislature  can  regulate  the  subject  by  law. 

Mr.  BANKS.  Is  there  anything  in  Section 
7,  Section  8,  or  Section  9,  which  does  not  de- 
pend upon  that  portion  which  we  have  already 
stricken  out? 

Mr.  JOHNSON.  I  do  not  think  there  is  any- 
thing in  those  sections  which  could  not  well  be 
stricken  out.  But  here  is  the  difficulty — and  to 
this  I  wish  to  call  the  attention  more  particu- 
larly ot  the  legal  gentlemen  of  the  Storey  del- 
egation— that  during  this  intervening  period  of 
time,  after  the  organization  of  the  District 
Courts,  and  before  the  Legislature  can  take 
action,  none  of  these  courts,  although  possessed 
of  co-extensive  jurisdiction  in  criminal  as  well 
as  civil  cases,  have  especial  authority  given  in 
criminal  matters,  as  for  example  in  the  impan- 
neling  of  a  grand  jury.  I  think  it  is  important 
that  one  of  these  courts  or  judges  should  be 
designated,  at  all  events,  until  provision  shall 
be  made  by  law. 

Mr.  DeLONG.  I  really  do  not  think  that 
anything  further  is  necessary.  Either  one  of 
the  judges  of  the  District  Court  can  receive  the 
report  of  the  grand  jury,  and  direct  it  in  every 
respect,  the  same  as  though  there  were  but  one 
judge  in  the  district.  An  instruction  from 
either  one  of  the  judges,  would  be  an  instruc- 
tion from  the  First  District  Court. 


654 


JUDICIAL  DEPARTMENT. 


[18th  day. 


Saturday,] 


Bkosnan — Banks — Johnson — Nourse. 


[July  23. 


Mr.  BROSNAN.  I  do  not  see  any  difficulty  I 
at  all  in  tbe  way.  The  misapprehension  seems 
to  arise  from  the  fact  that  gentlemen  are  con- 1 
founding  judges  with  courts.  There  is  to  be 
but  one  court,  and  all  the  judges  of  that  court 
are  to  have  co-extensive  and  concurrent  power 
in  all  actions,  criminal  and  civil.  All  the  bus- 
iness to  be  done,  which  is  to  come  before  that 
one  court,  will  be  subdivided  between  the  three 
judtres  of  the  court. 

jir.  BANKS.  And  the  ruling  of  each  is  final, 
so  tar  as  that  court  is  concerned,  is  it  not  ? 

Mr.  BROSNAN.  Certainly.  And  upon  any 
decision  by  either  of  the  judges,  an  appeal  can 
be  taken  from  that  court  to  the  Supreme  Court. 
The  grand  jury  is  to  be  impanneled  as  hereto- 
fore ;  it  is  iu  and  for  that  court.  And  further^ 
more,  there  is  a  provision  contained  in  this 
article  to  the  effect  that  the  courts  now  exist- 
ing, and  the  officers  now  in  power  and  office, 
shall  so  remain,  and  not  be  superseded  by  any- 
thing herein  contained,  until  the  provisions  of 
this  article  shall  go  into  operation. 

Mr.  JOHNSON.  Nevertheless.  I  think  it  is 
important  to  have  this  matter  fully  understood, 
and  my  point  is  not  amenable  to  the  criticism 
which  my  friend  from  Storey  (Mr.  Brosnan)  has 
suggested.  But,  with  all  deference  to  that  gen- 
tleman, it  occurs  to  me  that,  as  proposed,  this 
is  a  mongrel  system,  in  so  far  as  it  provides  for 
one  court  and'three  judges,  each  judge  clothed 
with  full  and  complete  jurisdiction.  It  is  not  a 
court  in  which  a  majority  is  required  to  act, 
but  each  judge  has  ecpial  power  with  his  asso- 
ciates. It  is  for  that  reason — because  there  are 
three  judges,  each  having  equal  power  and  ju- 
risdiction—that I  suggest  that  one  of  them 
should  be  designated  for  this  important  duty. 
Any  one  of  them  may  perform  it.  but  suppose 
that  under  peculiar  circumstances  there  might 
be  a  disagreement  in  regard  to  the  matter? 
There  may  l)e  questions  of  great  moment  arising 
in  a  criminal  prosecution.  The  defendant  may, 
for  sufficient  reasons,  prefer  that  the  present- 
ment shall  be  made  in  his  case  to  Judge  A.,  or 
Judge  B.,  whilst  the  pro.secution,  inlluenced  by 
some  unexplained  reason  may  desire  to  bring 
the  subject  before  one  of  the  other  judges. 

It  is  true  we  provide  that  existing  courts 
shall  not  be  sup<'rseded  until  tlie  new  courts 
are  organized,  and  the  judges  enter  upon  the 
duties  of  office,  but  gentlemen  will  observe 
that  the  date  of  that  occurrence  is  fixed  before 
the  time  the  Legislature  convenes,  and  conse- 
quently there  is  an  interval  l)etween  the  com- 
mencement of  the  courts  and  the  assembling 
of  the  Legislature,  or  the  time  when  the  Legis- 
lature can  make  suitable  provision  in  the  mat- 
ter, whereby  there  may  be  some  controlling 
power  or  authority  in  the  district.  It  is  now  a 
general  power,  conferred  upon  each  of  the 
judges  alike,  and  for  the  reason  that  there  are 
to  be  three  of  them,  I  submit  this  proi)Osition 
to  the  Convention,  tiuit  is'  necessary,  for  the 
intervening  time,  that  provision  shall  be  made 
by  which  grand  juries  may  be  impanneled  by 


authority  of  one  of  those  judges ;  or,  if  you 
please,  by  aiithority  of  two  of  them,  or  of  all 
three.  I  can  see  distinctly  that  a  practical  diffi- 
culty is  likely  to  arise  in  this  matter,  and  itr 
seems  strange  to  me  that  other  gentlemen  do 
not  recognize  similar  objections. 

Mr.  BUOSNAN.  My  friend  from  Ormsby 
will  se(!.  of  course,  that  it  is  impossible  for  us 
in  this  Convention  to  designate  any  one  of  the 
three  judges,  inasmuch  as  they  are  not  yet 
elected,  and  there  is  no  one  whom  we  could 
name. 

Mr.  JOHNSON.  That  only  presents  the  dif- 
ficulty W'hich  I  have  suggested  in  a  more  forci- 
ble light,  and  the  same  practical  objections  were 
urged  in  the  committee.  Instead  of  having  one 
District  Court  with  three  judges,  we  should 
have  provided  for  three  District  Courts,  al- 
though we  might  have  given  them  concurrent 
jurisdiction  over  the  whole  county.  Then  there 
would  have  been  Judicial  Districts  No.  1,  No.  2, 
and  No.  3,  and  although  the  judges  would 
have  been  elected  in  the  same  county,  and 
would  possess  co-extensive  jurisdiction  within 
that  county,  nevertheless  we  could  direct  that 
until  the  Legislature  should  otherwise  provide 
by  law,  the  judge  of  District  No.  1,  or  No.  2,  or 
No.  3 — whichever  we  might  please  to  designate 
— shall  exercise  jurisdiction,  in  criminal  cases, 
in  said  county.  Then  we  would  avoid  that 
confusion  which,  it  appears  to  me,  must  inevit- 
ably result  from  having  these  three  judges, 
each  with  the  self-same  powers  and  jurisdic- 
tion, and  all  sitting  in  the  same  court.  I  merely 
desire  to  make  the  suggestion  of  this  practical 
difficulty,  in  order  that,  if  possible,  it  may  be 
obviated. 

Mr.  NOURSE.  I  do  not  anticipate  so  much 
difficulty  as  the  gentleman  from  Ormsby  does, 
although  I  see  clearly  that  we  must  provide 
for  this  matter  of  jurisdiction  temporarily,  in 
order  to  save  trouble.  I  suppose,  however, 
that  such  provision  should  be  made  in  the 
Schedule,  the  peculiar  office  of  which  is  to  ar- 
range for  the  change  from  one  system  of  gov- 
ernment to  the  other. 

As  to  the  matter  of  three  judges  in  one  dis- 
trict, I  cannot  see  the  difficulty  which  the  gen- 
tleman apprehends.     The  scheme  is  not  a  new 
one.     it  has  been  tried  year  after  year  in  New 
York,  the  State  from  which  we  borrow  all  the 
leading  features  of  our  code.   There,  the  judges, 
by  a  rule  of  court— and  every  court  necessarily 
has  power  to  make  its  own  rules — arrange  for 
]  a  division  of  their  business ;   and  under  the 
'  rules  of  the  court,  the  three  judges,  sitting  to- 
gether for  the  purpose,  divide   the  calendar. 
i  All  these  minor  details  and  arrangements  which 
,  the  Legislature  neglects,  or  fails  to  make,  are 
necessarily  provided  for  by  the  rules  of  the 
court,  and  I  have  no  fear  that  in  this  State, 
especially  since  we  have  the  advantage  of  the 
precedents   derived   from   the   courts   in  New 
York,  we  shall  find  any  difficulty  on  that  score. 
If  you  make  three  distinct  districts,  number- 
ing the  courts  in  them  separately,  and  giving 


18th  day.] 


JUDICIAL  DEPARTMENT. 


655 


Saturday,] 


Banks — Brosnam — DeLono — Warwick — Johnson. 


[July  23. 


each  concurrent  jurisdiction  throughout  the 
county,  you  thereby  necessarily  give  the  plain- 
tiff, in  any  suit,  his  choice  of  judges.  The  gen- 
tleiuan  from  Storey  (Mr.  DeLong)  has  referred 
to  other  objectionable  features  in  that  plan,  but 
this  one  thing,  it  seems  to  me,  should  be  suffi- 
cient for  its  overwhelming  condemnation,  that 
a  plaintiff  has  a  chance  to  pick  his  judge,  and. 
of  coarse,  will  always  select  the  one  who,  for 
some  reason  or  other,  he  thinks  would  decide 
the  case  in  his  favor.  That  would  necessarily 
lead  to  suspicions  against  the  integrity  of  the 
judge,  and  that  is  the  reason,  I  presume,  why 
the  courts  in  New  York  establish  rules  for  the 
management  of  their  business,  and  division  of 
their  labors.  That  will  undoubtedly  be  done 
here.  Then,  whichever  judge  is  designated,  un- 
der the  rule,  for  the  criminal  business,  will 
charge  the  grand  jury,  receive  the  jjresent- 
ments  and  indictments,  and  all  that,  and  the 
others  will  attend  to  the  civil  calendar.  I  can- 
not see  any  difficulty  in  the  way  of  the  har- 
monious working  of  the  plan,  and  I  never 
heard  that  there  was  any,  where  it  has  been 
tried.  But  I  can  see  that  there  may,  perhaps, 
be  a  difficulty  at  the  first,  although  even  for 
this  interregnum  of  a  month,  or,  it  may  be,  for 
two  or  three  months,  before  the  enactment  of 
any  law  on  the  subject  by  the  Legislature,  I  do 
not  know  but  the  matter  might  be  arranged  by 
a  rule  of  the  court ;  and  if  not,  at  any  rate,  we 
can  fix  it  in  the  Schedule. 

The  CHAIRMAN.  The  Chair  will  remind 
gentlemen  that  the  question  is  ou  the  motion  to 
strike  out  Section  9. 

Mr.  BANKS.  I  think  it  is  quite  important 
that  we  should  understand  this  matter,  at  any 
rate.  Now,  sir,  with  three  judges  constituting 
one  court,  and  each  with  the  same  power,  and 
all  the  power  of  the  court.  I  want  to  know  how 
it  would  work  in  a  case  like  this  :  Suppose  I 
bring  a  suit  before  one  of  those  judges,  and  he 
decides  it  in  a  certain  way,  but  the  other  two 
do  not  view  the  matter  as  he  does — then,  in  the 
same  case,  an  appeal  is  taken ;  is  that  an  appeal 
from  the  judge  who  decided  the  case,  or  from 
the  court? 

Mr.  BROSNAN.  You  do  not  bring  your  case 
before  the  judge  individually,  but  before  the 
court. 

Mr.  DeLONG.  Some  one  judge  tries  the 
case,  and  you  take  your  appeal  not  from  his 
decision,  but  from  the  judgment  of  the  First 
District  Court. 

Mr.  BANKS.  But  suppose  the  other  judges 
do  not  concur  in  that  judgment? 

Mr.  DeLONG.  They  have  nothing  to  say 
about  it,  any  more  than  if  they  were  in  another 
disti-ict  altogether. 

Mr.  BANKS.  Then  we  have  the  anomaly  of 
an  appeal  from  one  court,  consisting  of  three 
persons,  when  a  majority  of  that  court  would 
have  decided  the  other  way. 

Mr.  DeLONG.  I  would  really  recommend 
the  gentlemen  to  the  study  of  the  law. 

Mr.  BANKS.    I  will  make  the  same  recom- 


mendation to  the  gentleman  from  Storey.  [Mer- 
riment.] 

Mr.  WARWICK.  I  do  not  see  any  difficulty 
in  this  matter.  In  the  first  place,  these  judges 
have  nothing  to  do  with  each  others'  decisions, 
because  each  one  sits  as  a  separate  court.  The 
calendar  is  divided  between  them,  and  any  de- 
cision by  either  one  of  them  is  appealable  to 
the  Supreme  Court.  It  is  not  a  decision  of  a 
majority,  or  of  an  individual  judge,  but  a  de- 
cision of  the  court  rendered  by  that  one  of  the 
judges  who  has  tried  the  cause.  The  calendar 
is  divided  between  them,  just  as  we  divide  our 
business  here  between  the  several  committees, 
as  we  may  agree  among  ourselves,  but  with  this 
distinction,  that  each  judge  tries,  and  makes  the 
final  disposition  of  each  cause  upon  his  portion 
of  the  calendar.  It  amounts  to  the  same  thing, 
in  that  respect,  as  if  there  were  three  courts ; 
we  simply  make  it  one  district,  because  we  do 
not  wish  to  allow  litigants  to  exercise  their 
own  preferences  as  to  particular  judges.  We, 
want  the  calendar  made  up,  and  divided,  in 
the  first  place,  by  lot,  it  may  be,  and  then  each 
judge  has  full  and  entire  jurisdiction  and  con- 
trol over  that  portion  of  the  calendar  which 
has  been  allotted  to  him. 

Mr.  DeLONG.  What  prevents  the  occur- 
rence of  the  anomaly  which  is  apprehended  by 
the  gentleman  from  San  Francisco  [Merriment,] 
or  rather  I  should  say  from  Humboldt,  (Mr. 
Banks,)  is  the  fact  that  the  judgment  of  each 
judge  becomes  the  judgment  of  the  First  Dis- 
trict Court.  The  other  judges  have  nothing  to 
say  about  the  particular  case  he  decides,  and 
therefore  no  such  phenomenon  as  a  judgment 
of  the  First  District  Court  against  the  ojiinion 
of  two  of  its  judges,  can  by  any  possibility 
happen.  The  other  judges,  having  nothing  to 
do  with  the  case,  of  course  can  give  no  opin- 
ion concerning  it. 

Mr.  BANKS.  All  I  want  is  to  have  a  clear 
understanding  of  the  matter,  and  if  other  mem- 
bers of  this  committee  can  see  plainly  that  no 
such  difficult  complication  can  arise,  then  all  I 
have  to  say  is,  that  I  cordially  congratulate 
them  upon  their  wonderful  acumen.  I  under- 
stand now  that  the  theory  of  the  plan  is  this  : 
that  the  District  Court  of  Storey  County  shall 
have  authority  to  delegate  all  its  power  to 
any  of  its  judges  ;  that  they  divide  up  the 
work  between  them  ;  that  the  whole  court  says 
to  A,  B,  and  C,  first  that  A  shall  take  a  certain 
portion  of  cases,  and  whatever  he  decides  shall 
be  the  judgment  of  the  court ;  then  that  B  shall 
take  another  portion,  and  so  on  in  regard  to 
each  of  the  judges. 

Mr.  JOHNSON.  I  deny,  in  advance,  that 
there  is  or  can  be  any  power  under  this  Con- 
stitution to  divide  these  duties  and  responsibil- 
ities, and  I  assume  that  you  must  have  the 
judgment  of  a  majority  of  the  court,  at  least, 
in  order  to  render  such  judgment  effective. 
Now,  sir,  this  is  the  anomaly  :  you  provide  for 
your  three  judges  in  one  district,  but  where  is 
there  anything  contained  in  this  Constitution 


656 


JUDICIAL  DEPARTMENT. 


[IStli  day. 


Saturday,] 


DeLong — Johnson' — Brosxan. 


[July  23, 


by  which  it  is  declared  that  each  otie  of  those 
judges  shall  hare  the  same  power  that  all  the 
others  have  ?  It'  you  provide  for  three  judges 
in  oue  district,  it  will  he  absolutely  necessary 
that  you  shall  adopt  some  provision  to  regu- 
late their  action. 

Gentlemen  have  spoken  of  the  operation  of 
this  system  under  the  Constitution  of  the  State 
of  New  York,  but  I  do  not  find  any  such  pro- 
vision in  that  Constitution.  They  have  Su- 
preme Courts  in  that  State,  each  consisting  of 
four  judges,  one  of  whom  is  the  presiding  judge 
at  the  general  term.  I  will  read  from  Article 
VI,  of  the  Constitution  of  New  York,  the  pro- 
visions in  relation  to  the  Court  of  Appeals  and 
the  Supreme  Court. 

Sec.  2.  There  shall  be  a  Court  of  Appeals,  com- 
posed of  eight  judges,  of  whom  four  shall  be  elected 
by  the  electors  of  the  State  for  eight  years,  and  four 
selected  from  the  class  of  Justices  of  the  Supreme 
Court  ha%'iii'-;  the  shortest  time  to  serve.  Provision 
shall  be  made  by  law  for  designating  one  of  the  num- 
ber elected,  as  Chief  Judge,  and  for  selecting  such 
Justices  of  the  Supreme  Court,  from  time  to  tune,  and 
for  so  classifying  those  elected  that  oue  shall  be  elect- 
ed every  second  year. 

Sec.  3.  There  shall  be  a  Supreme  Court  havmg  gen- 
eral iurisdiction  in  law  and  equity. 

Sec  4  The  State  shall  be  divided  into  eight  Judi- 
cial Districts,  of  which  the  city  of  New  York  shall  be 
one  ■  the  others  to  be  bounded  by  county  lines,  and 
to  be  compact,  and  equal  in  population,  as  nearly  as 
may  be.  There  shall  be  four  Justices  of  the  Supreme 
Court  in  each  district,  and  as  many  more  in  the  dis- 
trict composed  of  the  city  of  New  York  as  may  from 
time  to  time  be  authorized  by  law,  etc. 

Mr.  DeLONG.  I  wish  to  call  the  gentleman's 
attention  to  the  constitutional  provision  in 
this  article  which  prevents  tlie  difficulty  he  ap- 
prehends. I  understand  him  to  say  there  is  no 
power  in  the  Constitution  for  dividing  their 
labors  ;  but  Section  5,  which  we  have  already 
adopted,  says  that  the  First  Judicial  District 
shall  have  three  District  Judges,  "  who  shall 
possess  co-extensive  and  concurrent  jurisdic- 
tion." ,  ,.  ., 

Mr.  JOHNSON.  But  how  would  you  divide 
the  business  of  the  court?  Where  is  the  pro- 
vision of  the  Constitution,  or  the  power  con- 
ferred, to  enact  a  law  for  that  purpose  ?  There 
is  nothing  whatever  of  that  nature  contained 
in  it.  ,  ^ 

Mr.  DeLONG.  Every  court  has  power  to 
regulate  that  matter  by  rule. 

Mr.  JOHNSON.  I  was  about  proceeding  to 
speak  of  that  power.  Now.  without  occupying 
further  time  bv  (pioting  from  the  Constitution  of 
New  York.  1  submit  that  there  is  no  such  provi- 
sion contained  in  this  instrument— none  what- 
ever. And  the  very  fact  that  they  have  the  pow- 
ers which  are  there  conferred  disi)roves  the 
proposition  of  the  gentleman  from  Washoe  (Mr. 
Nourse.)  Because  in  New  York  the  Supreme 
Court  is  but  one  court,  presided  over  by  one 
judge  at  the  general  term,  at  which  motions 
may  be  heard,  and  other  business  transacted. 
The  absence  of  any  provision  here  for  separate 
courts  is  very  material.  I  insist,  therefore,  that 
the  propositiou  before  us  is  for  the  creation  of 


a  mongrel  system,  a  parallel  to  which  you  can 
not  find  in  any  State,  nor  anything  analagous 
to  it.  And  I  will  say  in  regard  to  it  this  much, 
that  you  are  venturing  upon  experimental 
ground — upon  a  system  that  is  wholly  untried, 
that  is  entirely  new.  For  I  believe  it  is  unlike 
anything  to  be  found  in  the  Constitution  of  any 
other  State,  and  if  I  am  incorrect  in  that,  I 
shall  be  happy  to  be  set  right,  by  any  gentle- 
man who  possesses  more  extensive  or  more  ac- 
curate knowledge  than  I  do  upon  the  subject. 

In  my  judgment,  if  we  are  going  to  adopt 
this  experiment,  it  is  certainly  very  essential 
that  we  should  incorporate  some  further  pro- 
vision in  this  article,  of  a  character  similar  to 
what  I  have  suggested,  and  I  can  see  no  diffi- 
culty in  the  way  of  adopting  some  such  pro- 
vision. One  gentleman  has  suggested  that  by 
having  separate  courts,  litigants  will  prefer 
proceeding  before  some  particular  District 
Judge,  and  thus  one  court  would  have  all  the 
business  to  the  exclusion  of  the  others.  I 
see  no  reason  why  such  should  be  the  result. 
We  know  that  in  San  Francisco  they  have  had 
for  several  years  two  District  Courts,  with  con- 
current jurisdiction,  and  have  quite  recently 
established  another,  making  the  third  District 
Court  in  that  city  ;  and  I  have  never  heard  of 
any  such  difficulty  arising  there.  But  with  the 
plan  here  proposed,  I  can  foresee  insuperable 
obstacles,  as  they  appear  to  me,  which  will 
have  to  be  encountered  from  the  very  incep- 
tion of  the  court,  and  more  especially  will  that 
be  the  case  at  the  beginning,  during  the  period 
intervening  between  the  organization  of  the 
court  and  the  time  when  the  Legislature  may 
enact  laws  providing  for  this  novel  system,  and 
putting  it  into  working  order.  There  may  be  a 
controversy  between  the  judges  as  to  who  shall 
exercise  the  criminal  jurisdiction  of  the  court, 
and  especially  in  regard  to  that  power  we 
ought  most  certainly  to  prescribe  the  officer 
who  shall  perform  those  particular  functions  in 
the  outset. 

In  relation  to  all  of  these  matters,  the  article 
does  not  secra  to  have  been  well  digested, 
probably  for  the  reason  tliat  it  was  originally 
intended  that  the  County  Court  should  exercise 
exclusively  this  criminal  jurisdiction.  Hence 
it  is  quite  apjiarent  that  all  of  our  troubles  now 
result  from  the  abandonment  of  that  system 
which  had  been  well  digested,  and  th(!  substitu- 
tion of  another  in  its  place.  I  present  these 
views  more  particularly  to  the  consideration  of 
the  members  from  Storey  County,  which  is  im- 
mediately interested. 

Mr.  BliOSNAN.  I  rise  merely  for  the  pur- 
pose of  stating  to  the  gentleman  from  Ormsby, 
(Mr.  Johnson,)  that  the  Supreme  Court  of  New 
York,  to  which  he  has  referred,  has  an  appel- 
late power  over  each  of  the  justices  that  com- 
pose that  court.  They  are  District  Judges  at 
the  same  time  that  they  constitute  a  Supreme 
Court,  and  there  is  the  Court  of  Appeals,  back 
of  them.  There  are  four  Supreme  Court  Jus- 
tices in  each  district,  and  they  each  do  circuit 


18tli  day.] 


JUDICIAL  DEPARTMENT. 


657 


Saturday,] 


Johnson—  Brosnan — Nourse. 


[July  23. 


business,  and  also  sit  in  bank  in  review  of  the 
decisions  and  judgments  of  the  District  Courts, 
the  individual  judge  whose  decision  is  to  be 
passed  upon  not  sitting  in  that  case  in  tlic 
court  of  review  ;  and  then  from  the  decision  of 
these  three  judges  of  the  Supreme  Court  there 
is  a  still  further  appeal  to  the  Court  of  Appeals. 
That  is  the  system  in  operation  in  New  York. 

Ml*.  JOHNSON.  Permit  me  to  ask  one  ques- 
tion which  may  relieve  my  mind  fiom  embar- 
rassment. It  refers  to  this  very  point  of  dif- 
ference. Is  there,  under  the  judicial  system  ot 
New  York,  a  court  organized,  in  any  manner 
analogous  to  this  which  is  proposed  for  Storey 
County? 

Mr.  BROSNAN.  There  is,  in  the  city  of  New 
York,  but  not  in  the  State,  outside  of  the  city. 
The  State  has  District  and  Supreme  Courts, 
something  like  the  system  which  we  have  here 
at  present.  The  judges  go  out  into  their  re- 
spective districts  and  sit  l^y  themselves ;  and 
then  they  have  general  terms  in  which  all  the 
judges  of  the  Supreme  Court  meet,  and  cases 
come  back  to  that  court  on  appeal,  that  is,  by 
appeal  from  the  decisions  of  the  judges  of  that 
particular  district,  which  consists  of  four  judges, 
the  State  being  divided  into  eight  judicial  dis- 
tricts. The  cases  which  are  tried  by  the  differ- 
ent judges  come  up  on  appeal  to  the  united 
bench  ;  that  is  to  say,  the  District  Judges  con- 
stituting the  Supreme  Court  Judges,  the  person 
whose  case  is  being  heard  or  argued  not  sitting 
himself,  in  judgment  on  that  case.  The  pro- 
vision made  here  in  regard  to  the  Court  in 
Storey  County  is  the  same  as  that,  except  that 
here  there  is  no  appeal  from  the  decision  of 
one  judge  to  the  other  members  of  the  court, 
but  the  appeal  is  immediately  from  the  District 
Court  to  the  Supreme  Court,  which  is  our  court 
of  last  resort.  There  may  be,  however,  som?- 
thing  well  worthy  of  consideration  in  the  sug- 
gestion of  the  gentleman  from  Ormsby  relative 
to  a  provision  for  the  possible  interregni^m 
which  may  exist  between  the  primary  organi- 
zation of  the  court  and  the  time  when  action 
may  be  taken  by  the  Legislature. 

Mr.  JOHNSuN.  I  do  not  think  I  fully  un- 
derstand this  matter  yet.  Does  the  gentleman 
state  that  there  is,  or  is  not,  any  court  in  the  city 
or  the  State  of  New  York  like  this  which  is 
proposed  for  Storey  County  ? 

Mr.  BROSNAN.  I  said  there  was,  in  the  city 
of  New  York.  I  referred  to  the  Superior 
Court. 

Mr.  NOURSE.  And  the  Supreme  Court,  also, 
in  the  city  of  New  York.  If  the  gentleman 
will  allow  me,  I  will  read  from  the  Constitu- 
tion of  the  State  of  New  York  on  that  subject. 
In  New  York,  as  the  gentleman  from  Storey 
(Mr.  Brosnan.)  states,  there  are  seven  districts, 
besides  the  New  York  District,  and  they  have 
their  special  terms.  In  the  countiy  there  are 
four  judges  for  each  district,  and  they  divide 
their  districts  into  circuits,  each  one  of  the 
judges   taking   a  circuit   and  holding   courts 

A  16 


therein;  one  judge  taking  one  circuit,  another 
taking  another,  and  so  on.  Then,  as  the  gen- 
tleman from  Storey  has  said,  at  these  special 
terms  an  appeal  may  be  taken  in  any  case,  to 
the  three  judges  who  did  not  try  it,  and  such 
appeals  are  heard  at  the  '•  general  term,"  as  it 
is  called.  But  in  the  city  of  New  York  the 
district  is  all  one,  and  is  precisdy  analogous  to 
what  is  here  proposed.  Instead  of  dividing 
the  district  into  circuits,  as  in  the  country,  they 
divide  the  calendar,  and  each  judge,  sitting  in- 
dependently, tries  the  the  causes  which  may  be 
assigned  to  him.  Aud  yet  here  is  all  there  is 
on  the  subject  in  the  Constitution  of  the  State 
of  New  York: 

"  Sec.  i.  The  State  shall  be  divided  into  eight  judi- 
cial districts,  of  which  the  city  of  New  York  shall  be 
oue  ;  the  others  to  be  bounded  by  county  lines,  and  to 
be  compact  aud  equal  in  population,  as  nearly  as  may 
be.  There  shall  be  four  Justices  of  the  Supreme 
Court  in  each  district,  and  as  many  more  in  the  dis- 
trict comp(5sed  of  the  city  of  New  York  as  may  from 
time  to  time  be  authorized  by  law,  but  not  to  exceed 
in  the  whole  such  number,  in  proportion  to  its  popular 
tion,  as  shall  be  in  conformity  with  the  number  of  such 
judges  in  the  residue  of  the  State,  in  proportion  to  its 
population.  They  shall  be  classified  so  that  one  of  the 
•Justices  of  each  district  shall  go  out  of  office  at  the 
end  of  every  two  years.  After  the  expiration  of  their 
terms,  under  such  classification,  the  term  of  their 
otfice  shall  be  eight  ye^rs." 

And  that  is  all  there  is  of  it,  except  a  subse- 
quent seccion  in  regard  to  the  classification  of 
the  Supreme  Court.  I  will  read  that  section, 
also. 

"  Sec.  9.  The  classification  of  the  Justices  of  the 
Supreme  Court,  the  times  and  places  of  holding  the 
terms  of  the  Court  of  Appeals,  and  of  the  general  and 
special  terms  of  the  Supreme  Court,  within  the  several 
districts,  aud  the  Circuit  Courts,  and  Courts  of  Oyer 
and  Terminer  within  the  several  counties,  shall  be 
provided  for  by  law." 

That  is  all  there  is  in  regard  to  the  matter, 
in  the  Constitution  of  New  York,  and  yet  the 
Supreme  Court  in  the  city  of  New  York  divides 
its  calendar,  and  does  precisely  what  we  pro- 
pose to  provide  for  the  Storey  County  District 
Court. 

Mr.  JOHNSON.  If  the  gentleman  will  read 
further.  I  think  he  will  find  much  more  in  it. 

Mr.  NOURSE.  No,  sir  ;  there  is  nothing 
more  about  the  Supreme  Court.  The  Superior 
Court  has  been  mentioned,  also.  Well,  that  is 
another  exception.  However,  it  is  only  neces- 
sary to  say,  that  both  the  Supreme  Court  and 
the  Superior  Court  do  business  in  that  way. 
Now  I  cannot  understand  how  there  should  ije 
this  difficulty  arising  with  three  judges,  when 
it  was  all  so  easy  with  two  judges  in  the  Storey 
County  District  Court,  as  at  iirst  reported  by 
the  Judiciary  Committee. 

Mr.  JOHNSON.  The  gentleman  from  Washoe 
will  bear  me  witness  that  I  urged  these  same 
views  before  the  Judiciary  Committee,  aud 
also  on  a  previous  occasion  in  the  Convention. 
I  foreshadowed  the  difficulties  that  would  be 
likely  to  arise,  and  insisted  in  the  committee 
upon  numerical  districts  —  that  either  ther 


658 


JUDICIAL  DEPARTMENT. 


[18th  day. 


-aturday.] 


NotTRSE — Johnson — DeLong — Dunne — Banks. 


[July  23. 


should  be  a  geograpbical  diviRioa  of  the  dis- 
tricts, or  at  least  they  should  be  numbered,  so 
as  to  be  separate  and  distinct.  Possibly,  how- 
ever, the  f^t  iitleman  was  not  present  at  tlic  time. 

Mr.  NOURSE.  Of  course  it  is  so,  if  the  gen- 
tleman says  so.  but  I  only  recollect  of  his  ob- 
ji>ctinir  to  the  third  judge,  very  much,  and  that 
he  wanted  a  County  Court. 

Mr.  JOHNSON.  As  to  that,  I  cared  nothing 
about  it.  If  the  members  from  Storey  County 
wanted  three  districts,  I  was  willing  that  they 
should  have  them. 

Mr.  NOURSI-].  I  do  not  think  that  when  the 
gentleman  first  tooli  the  ground  he  did,  there 
was  a  majority  that  way  in  the  committee  ;  I 
imai^'ine  that  t'le  gentleman  rather  carried  the 
majority  with  him.  But  that  is  not  of  material 
consequence.  What  we  want,  is  to  establish  a 
judicial  system  that  will  work.  We  have  no 
desire  to  provide  for  any  system  but  one  that 
will  always  be  etlicient.  At  the  same  time, 
however,  1  believe  tliat  we  may  safely  trust  to 
the  precedent  of  New  York.  There  is  no  State 
in  the  Union  whose  system  is  more  analogous 
to  ours  in  other  respects,  and  none  whose  judi- 
cial system  has,  as  a  general  thing,  operated 
more  satisfactorily.  Hence  I  feel  perfectly 
safe  in  following  that  precedent,  and  think  it 
i^  a  much  b(!tter  and  safer  one  to  Ibllow  tiian 
that  of  San  Francisco.  The  plan  has  been  tried 
iu  New  York  for  years  and  years,  and  is  well 
approved  and  established.  They  have  not 
provided  in  their  Constitution  for  all  the  mat- 
ters of  minutiio  as  much  as  we  have  in  this  arti- 
cle, but  rather  have  preferred  to  leave  those 
things  to  the  laws,  and  the  courts  themselves. 
For  my  part,  I  would  feel  entirely  safe  to  leave 
the  sul)ject  to  a  rule  of  the  court. 

Mr.  -JOHNSON.  I  do  not  understand  the 
operation  of  the  Supreme  Court  of  New  Yorlv 
tu  be  at  all  as  the  gentleman  states  it.  In  fact, 
my  understanding  of  that  subject  is  very  dif- 
l'_-rent. 

The  CHAIRMAN.  The  question  is  on  the 
motion  to  strike  out  Section  y. 

Mr.  DeLONG.  Why,  nobody  opposes  that. 
[Merriment.] 

The  CHAIRMAN.  This  whole  discussion 
has  been,  strictly  speaking,  out  of  order,  but  it 
has  been  tolerated  by  the  consent  of  the  com- 
mittee, and  I  do  not  apprehend  that  it  has  been 
hv  any  means  unproiitable. 
■  Mr.  DUNNE.  I  would  like  to  add  a  few 
words.  I  cannot  admit  that  the  rules  which 
govern  the  Supreme  Courts  of  the  State  of 
New  York  attbrd  any  proper  precedent  what- 
ever for  our  guidance,  in  the  establisiiment  of 
a  court  in  Storey  County,  on  the  basis  pro- 
pos';d ;  and  for  the  reason  that  causes  are  to 
come  before  the  proposed  court  in  Storey 
Cuunty,  as  a  court,  originally,  whereas,  in  the 
Supreme  Court  of  New  York,  causes  do  not 
come  up  belorc  tlie  court  originally,  as  1  un- 
derstand, Ijut  are  brought  originally  in  the 
I'islrict  Courts,  which  seem  to  correspond  in 
tLieir  status  ver.y  nearly  with  the  District  Courts 


as  they  now  exist  in  this  Territory ;  and  then 
appeals  are  taken  from  those  District  Courts 
to  the  Supreme  Court,  the  same  as  they  are  in 
this  Territory.  It  is  not,  therefore,  a  division 
by  the  Supreme  Court  of  work  before  it,  con- 
sisting of  cases  coming  originally  before  it, 
and  divided  l)y  the  court  into  districts,  assign- 
ing one  judge  to  go  into  a  particular  district, 
and  try  certain  cases,  and  another  to  go  into 
another  district  to  try  certain  other  cases,  and 
so  on,  as  we  propose  in  the  Storey  County  Dis- 
trict Court :  but  all  the  cases  arise  in  the  dis- 
tricts first,  are  there  tried  by  the  district  judges, 
and  are  then  brought  upon  appeals  before  the 
Supreme  Court,  as  in  this  Territory.  That  is 
the  way  I  understand  it,  from  the  statements 
which  have  been  made  here. 

Mr.  DeLONG.  The  gentleman  is  mistaken. 
The  New  York  Supreme  Court  has  original 
jurisdiction,  as  much  as  the  District  Court  of 
Storey  County  will  have. 

Mr.  DUNNE.  Then,  when  the  Supreme  Court 
has  original  jurisdiction,  can  a  case  be  referred 
in  this  manner  to  a  District  Court? 

Mr.  DeLONG.  No,  no  !  The  gentleman  does 
not  understand  the  matter  yet.  The  City  and 
County  of  New  York  constitute  one  district, 
and  that  district  is  not  subdivided  geographi- 
cally, but  there  are  four  Supreme  Judges,  and 
they  have  original  business. 

Mr.  BANKS.  I  wish  to  ask  the  gentleman 
from  Storey  a  question.  Is  there  any  such 
thing  under  that  system  as  an  appeal  from  oue 
member  of  that  court  directly  to  the  highest 
court  ? 

Mr.  DeLONG.  The  Court  of  Appeals  ?  Cer- 
tainly. 

Mr.  BANKS.  Is  not  it  only  over  an  appeal 
to  the  united  court  in  the  first  iustance  ? 

Mr.  DeL'^)NG.  No,  sir.  The  Supreme  Court 
sits  in  bank,  on  cases  in  the  District  Courts, 
and  whenever  cases  are  commenced  in  the  Su- 
lireme  Court,  then  appeals  may  be  taken  to  the 
appellate  court,  or  Court  of  Appeals. 

Mr.  BANKS.  The  whole  question  turns,  it 
appears  to  me,  on  a  dill'erence  of  opinion  be- 
tween the  gentleman  from  Ormsby,  (^Mr.  John- 
son,) who  has  the  Const  tution  of  New  York  to 
refer  to,  and  the  gentleman  from  Storey,  (Mr. 
UeLong.)  who  has  it  not. 

Mr.  JOHNSON.  Now,  sir,  I  will  undertake 
to  say  that  they  have  not,  and  cannot  have  any 
such  thing  as  a  District  Court,  under  the  Con- 
stitution of  New  York.  And  everything  which 
the  gentleman  from  Washoe  (Mr.  Nour.se)  has 
read  from  that  Constitution  goes  to  prove  that 
we  are  adopting  here  a  mongrel  system,  which 
will  not  be  self-acting,  nor  liave  we  conferred 
any  authority  upon  the  law-making  power  by 
which  it  can  be  rendered  operative.  The  gen- 
tleman from  Washoe  says  there  is  not  much  iu 
the  constitutional  provision  which  creates  that 
Supreme  Court  in  New  York.  That  is  very 
true  ;  Ijut,  sir,  a  few  words  may  express  a  great 
deal.  1  will  read  Section  (i,  which  follows  the 
provision  creating  the  Su^jreme  Courts. 


18tli  day.] 


SALARIES— EDUCATION. 


659 


Saturday,] 


NouRSE — Dunne — Chapin — Crosman — Kennedy. 


[July  23. 


"  Section  6.  Provision  may  be  made  by  law  for  des- 
iguating,  from  time  to  time,  oue  or  more  of  the  said 
Justices,  wlio  is  uot  a  judge  of  the  Court  of  Appeals, 
to  preside  at  the  general  terms  of  the  said  court,  to  be 
held  in  the  several  districts.  Any  three  or  more  of  the 
said  Justices,  of  whom  oue  of  the  Justices  so  desig- 
nated shall  always  be  oue,  may  hold  such  general 
terms.  And  any  one  or  more  of  the  Justices  may  hold 
special  terms,  and  Circuit  Courts,  and  any  one  of  them 
may  preside  in  Courts  of  Oyer  and  Terminer  in  any 
county. 

These  are  but  few  words,  as  the  gentleman 
says,  Init  they  express  that  very  power  with 
which  the  court  is  clothed,  and  without  such 
words  they  could  not  possess  that  power. 

Mr.  NOU'RSE.  I  think  we  can  fix  this  mat- 
ter during  recess,  and  I  move  that  the  commit- 
tee rise,  report  progress,  and  asli  leave  to  sit 
again. 

The  question  was  taken,  and  the  motion  was 
agreed  to,  and  the  committee  accordingly  rose. 

IN    CONVENTION. 

The  PRESIDENT  having  resumed  the  chair. 

The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  liad  under  consideration 
Article  VI,  entitled  Judicial  Department,  had 
made  some  progress  therein,  and  had  instructed 
him  to  ask  leave  to  sit  again. 

The  report  was  accepted,  and  leave  was 
granted  accordingly. 

Mr.  DUNNE  gave  notice  of  a  meeting  of  the 
Committee  on  Schedule  during  the  recess. 

Mr.  CHx\PIN.  This  question  of  the  courts 
in  Storey  County  has  now  been  under  discus- 
sion for  a  long  time,  and  it  seems  to  me  is  lia- 
ble to  be  debated  for  hours  longer.  I  suggest 
that  it  be  recommitted  to  the  Judiciary  Com- 
mittee, to  be  considered  by  that  committee 
during  the  recess.  It  will  be  a  great  point 
gained  if  the  committee  can  harmonize  the  mat- 
ter so  as  to  avoid  further  discussion. 

Mr.  NOURSE.  They  can  consider  it  infor- 
mally just  as  well.  I  move  that  the  Convention 
take  a  recess. 

The  hour  of  twelve  o'clock  having  arrived. 

The  PRESIDENT  declared  the  Convention 
at  recess  until  two  o'clock,  P.  M. 


AFTERNOON  SESSION. 

The  Convention  met  at  two'clock,  P.  M.,  and 
was  called  to  order  l)y  the  President. 

The  SECRETARY,  by  direction  of  the  Presi- 
dent, counted  the  Convention  and  reported  that 
twenty-one  members  were  present. 

ARTICLES   ENGROSSED. 

Mr.  CROSMAN,  from  t!ic  Committee  on  En- 
grossment, reported  correctly  engrossed  Arti- 
cle Xt,  entitled  Salaries  and  Appropriations ; 
Article  XII,  entitled  Education  ;  and  Article 
XVI,  entitled  Miscellaneous  Provisions. 

The  report  was  accepted,  and  the  several  ar- 
ticles reported  were  placed  on  the  general  file 
for  third  reading. 

Mr.  KENNEDY.    Could  not  we  place  those 


articles  on  their  third  reading  now,  so  as  to 
give  them  to  the  Enrolling  Committee  this 
afternoon  ? 

The  PRESIDENT.  That  may  be  done  by 
suspending  the  rules. 

Mr.  KENNEDY.  I  move  that  the  rules  be 
suspended,  and  the  articles  placed  on  their 
third  reading  and  final  passage. 

SALARIES. 

The  PRESIDENT.  The  Chair  will  state  that 
the  Article  on  Salaries  was  transferred  to  the 
Schedule  by  a  resolution  adopted  this  morning. 
Consequently,  that  will  lie  over,  and  be  con- 
sidered with  the  Schedule,  when  that  article  is 
again  taken  up. 

Air.  DUNNE.  It  was  not  referred,  I  under- 
stand, but  merely  ordered  to  be  inserted  in  the 
Schedule. 

Mr.  KENNEDY.  I  will  omit  that  from  my 
motion,  and  only  move  that  the  rules  be  sus- 
pended, and  Articles  XII  and  XVI  be  placed 
upou  their  third  reading  now. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 


Article  XII,  entitled  Education,  was  read  a 
third  time,  as  follows  : 

AKTICLE  XII. 

EDUCATION. 

Section  1.  The  Legislature  shall  encourage  by  all 
suitable  means  the  promotion  of  intellectual,  literary, 
scientific,  mining,  mechanical,  agricultural,  and  moral 
improvement,  and  also  provide  for  the  election,  by  the 
peoisle,  at  the  general  election,  of  a  Superintendent  of 
PubUc  Instruction,  whose  term  of  office  shall  be  two 
years  from  the  first  Monday  of  January,  1805,  and 
until  the  election  and  the  qualification  of  his  suc- 
cessor, and  whose  duties  shall  be  jDrescribed  by  law. 

Sec.  2.  The  Legislature  shall  provide  for  a  uniform 
system  of  common  schools,  by  which  a  school  shall  be 
established  and  maintained  in  each  school  district,  at 
least  six  mouths  in  every  year  ;  and  any  school  district 
neglecting  to  establish  and  maintain  such  a  school,  or 
which  shah  aUow  instruction  of  a  sectarian  character 
therein,  may  be  depi-ived  of  its  prop  jrtion  of  the  inter- 
est of  the  ijublic  school  fund  during  such  neglect  or 
infraction ;  and  the  Legislature  may  jjass  such  laws  as 
wiU  tend  to  secure  a  general  attendance  of  the  children 
in  each  school  district  upon  said  public  schools. 

Sec.  3.  All  lands,  including  the  sixteenth  and  thirty- 
sixth  sections  in  everj'  township,  donated  for  the  ben- 
efit of  public  schools,  in  the  Act  of  the  thirty-eighth 
Congress,  to  enable  the  people  of  Nevada  Territory 
to  form  a  State  Grovernnieut ;  the  thirty  thousand 
acres  of  public  Ian  Is  granted  by  an  Act  of  Congress, 
aad  approved  July  •2d,  18G2,  for  eajh  Senator  and  Repre- 
sentative ii  Congress  ;  and  all  proceeds  of  lauds  that 
have  been  or  may  hereafter  be  granted  or  appropriated 
by  the  United  States  to  this  State  :  ami  also  th(!  five 
hundred  thousand  (500,000)  acres  of  land  gr.uiteil  to  the 
new  States  under  the  Act  of  Congress  distributing  the 
X^roceeds  of  the  imblic  lands  among  the  several  States 
of  the  Union,  approved  A.  D.  1811  x—pritvidrd,  that 
Congress  make  provisions  for,  or  autliorizes  such  di- 
version to  be  made,  for  tlie  purposes  herein  contained  ; 
all  estates  that  may  escheat  to  the  State  ;  all  of  such 
per  cent,  as  may  be  granted  by  Congress  on  the  sale  of 
land  ;  all  fines  collected  imder  the  penal  laws  of  the 
State  :  all  property  given  or  bequeathed  to  the  State 
for  educational  purposes  :  and  aU  proceeds  derived 
from  any  or  all  of  said  sources,  shall  be,  and  the  same 
are  hereby  solemnly  pledged  for  educational  piu-poses 


660 


EDUCATION. 


[18th  day. 


Saturday,] 


Brosxax — President. 


[July  23. 


and  shall  not  be  transferred  to  any  other  fund  for 
other  uses  ;  and  the  interest  thereon  shall,  from  time 
to  time,  be  ai)portioncd  among  the  several  couuties,  in 
proportion  to  the  ascertained  numbers  of  the  persons 
between  the  a^'es  of  six  and  eighteen  years  in  the  differ- 
ent counties.  And  the  Legislature  shall  provide  for 
the  sale  of  ttoating  laud  warrants  to  cover  the  aforesaid 
lands,  and  for  the  investment  of  all  proceeds  derived 
from  any  of  the  above-mentioned  sources,  in  United 
States  bonds,  or  the  bonds  of  this  State  ;  provided,  that 
the  interest  only  of  the  aforesaid  isroceeds  shall  be  used 
for  educational"  purposes,  and  any  surplus  interest 
shah  be  added  to  the  principal  sum  ;  and  provided  fur- 
ther, that  such  portion  of  said  interest  as  maj-  be 
necessary,  may  be  appropriated  for  the  support  of  the 
State  University. 

Sec.  4.  The  Legislature  shall  xirovidc  for  the  es- 
tablishment of  a  State  University,  which  shall  embrace 
departments  for  agriculture,  mechanic  arts,  and  min- 
ing, to  be  controlled  by  a  Board  of  Regents,  whose 
duties  shall  be  prescribed  by  law. 

Sec.  5.  The  Legislature  shall  have  power  to  establish 
Normal  Schools,  and  such  different  grades  of  schools, 
from  the  primary  department  to  the  University,  as  in 
their  diSv-retion  they  may  see  fit;  and  all  professors  in 
said  University,  or  teachers  in  said  common  schools, 
of  whatever  grade,  shall  be  required  to  take  and  sub- 
scribe to  the  oath  as  prescribed  in  Article  XVI  of  this 
Constitution.  No  professor  or  teacher  who  fails  to 
comply  with  the  provision  of  any  law  framed  in  ac- 
cordance with  the  provisions  of  this  section,  shall  be 
entitled  to  receive  any  portion  of  the  public  moneys 
set  apart  for  school  purposes. 

Sec.  6.  The  Legislature  shall  provide  a  special  tax 
of  one-half  of  one  mill  on  the  dollar  of  all  taxable 
property  in  the  State,  in  addition  to  the  other  means 
l^rovided  for  the  sui)port  and  maintenance  of  said  Uni- 
versity and  common  schools;  provided,  that  at  the  end 
of  ten  years  they  maj'  reduce  said  tax  to  one  quarter 
of  one  mill  on  each  dollar  of  taxable  property. 

Sec.  7.  The  Governor,  Secretary  of  State,  and  the 
Superintendent  of  Public  Instruction,  shall  for  the 
first  four  years,  and  until  their  successors  are  elected 
and  qualified,  be  a  Board  of  Regents  to  control  and 
manage  the  affairs  of  the  University,  and  the  funds  of 
the  same,  under  such  regulations  as  may  be  prorided 
by  law  ;  but  the  Legislature  shall,  at  its  regular  session 
next  preceding  the  expiration  of  the  term  of  office  of 
said  Board  of  Regents,  provide  for  the  election  of  a 
new  Board  of  Regents,  and  define  their  duties. 

Sec.  8.  The  Board  of  Regents  shall,  from  the  inter- 
est accruing  from  the  first  funds  which  come  under 
their  control,  immodiately  organize  and  maintain  the 
fluid  mining  deiiartment,  in  such  manner  as  to  make  it 
most  effective  and  useful.  Provided,  that  all  the  pro- 
ceeds of  the  pubhc  lands  donated  by  Act  of  Congress, 
approved  July  'ind,  1HG2,  for  a  college  for  the  bene- 
fit of  agriculture  and  mechanic  arts,  and  including 
miUtary  tactics,  shall  be  invested  by  the  said  Board 
of  Regents  in  a  separate  fund  to  be  appropriated  exclu- 
sively for  the  benefit  of  the  first-named  dei^artments  to 
the  University,  as  set  forth  in  Secticm  4,  above.  And 
the  Legislature  shall  ijrovide  that,  if  through  neglect 
or  any  other  contingency,  any  portion  of  the  fund  so 
set  apart  shall  be  lost  or  misapi^ropriated,  the  State 
of  Nevada  shall  replace  said  amimnt  so  lost  in  said 
fund,  so  that  the  capital  of  said  fund  shall  remain  for- 
ever undiminished. 

.SKCT.iRIAN    I.VSTRLXTIOX. 

Mr.  BROSN'AN.  I  ask  that  Sectioa  2  may 
be  read  again. 

The  SbCRi^TARY  again  read  Section  2. 

Mr.  BR03NAN.  I  see  that  in  this  sectioa  it 
is  provided  as  a  condition  precedent  to  ol)tain- 
ing  the  school  money,  or  to  any  sciiool  district 
being  entitled  to  its  proportion  of  the  interest 
on  the  school  fund,  tliat  a  school  shall  have 
been  established  in  such  district  lor  six  months 
in  every  year.    Then,  in  the  succeeding  clause, 


there  is  a  provision  that  unless  that  is  done,  or 
in  case  of  any  sectarian  instruction  being  im- 
parted in  such  .school,  the  district  shall  forfeit 
the  benefit  of  the  school  money,  or  lose  its  pro- 
portion thereof.  For  my  part,  I  should  like  to 
have  it  stated  as  clearly  in  the  section,  that  no 
sectarian  instruction  shall  be  imparted  or 
taught,  as  it  is  that  a  school  shall  be  main- 
tained for  si.\  months  in  the  year,  as  a  condition 
precedent  to  permitting  the  district  to  receive 
its  proportion  of  the  interest  on  the  school 
fund.  As  the  section  .stands  at  present,  there 
is  no  positive  prohibition  against  imparting 
sectarian  instruction,  the  only  penalty  being 
the  forfeiture  of  the  school  money.  I  am, 
myself,  decidedly  and  strenuously  opposed  to 
the  inculcation,  upon  the  juvenile  mind  in  the 
public  schools,  of  anything  like  sectarian  in- 
struction, no  matter  of  what  character  or  de- 
scription it  may  be,  and  therefore  I  would 
sugge.'^t  that  the  section  be  amended,  if  it  may 
be  done,  by  inserting  after  the  words  "  shall  be 
established  and  maintained  in  each  school  dis- 
trict, at  least  six  months  in  every  year,"'  the 
words  '•  but  no  sectarian  instruction  shall  be 
allowed  in  any  public  school  so  established." 
Then  the  section  will  jirovide  not  only  that  a 
school  shall  be  required  to  be  maintained  in 
each  district  for  at  least  six  months  in  the  year, 
but  also  that  any  district  neglecting  to  estab- 
lish and  maintain  such  school,  or  imparting 
sectarian  instruction  therein,  shall  be  deprived 
of  its  proportion  of  the  school  money.  I  think 
the  section  as  it  reads  at  present  does  not 
reach  that  object,  and  the  words  which  I  pro- 
pose to  insert  are  taken  from  the  section  as  it 
stood  in  the  former  Constitution,  which  we  have 
heretofore  adopted.  If  it  be  nece.«sary  to  state, 
as  a  condition  precedent  to  the  receiving  of  the 
public  moneys,  that  a  school  shall  have  been 
conducted  for  six  months  in  the  year,  I  take  it 
to  be  equally  necessary,  or,  if  not  as  necessary, 
at  least  as  appropriate,  (inasmuch  as  we  all 
agree  upon  the  general  proposition  that  there 
should  not  be  in  the  common  schools  the  incul- 
cation of  any  sectarian  doctrines  upon  the  in- 
fant minds  of  pupils,)  to  state  that  the  exclu- 
sion of  sectarian  instruction  shall  in  like  manner 
be  a  condition  precedent. 

The  PRESIDENT.  The  amendment  can  be 
made  at  this  time  by  unanimous  consent,  but 
there  is  similar  language  occurring  in  the  lat- 
ter part  of  the  section,  which  will  need  to  be 
stricken  out. 

Mr.  BROSNAN.  The  language  in  the  latter 
part  of  the  section,  as  printed,  has  already 
been  stricken  out. 

The  PRESIDENT.  The  gentleman's  point 
is,  as  I  understand,  that  the  section  as  it  now 
reads  permits  the  establishment  of  sectarian  in- 
struction, and  only  prohibits  the  district  from 
receiving  the  school  money,  if  sectarian  instruc- 
tion is  established. 

Mr.  BROSNAN.  Yes,  sir.  My  amendment 
is  to  insert  after  the  word  "year,"  in  the  sixth 
line  of  the  engrossed  copy,  the  words  "  but  no 


IStli  day.] 


EDUCATION. 


661 


Saturday,] 


Collins — Brosnan — Crosman — Banks — Hawley — Chapin. 


[July  23. 


sectarian  instruction  shall  be  allowed  in  any 

school  so  established." 

Mr.  COLLINS.  I  would  inquire  whether  it 
would  not  be  proper  to  incorporate  a  new  sec- 
tion, in  regard  to  the  organization  of  colleges. 
etc.?  We  might  declare  that  in  none  of  the 
schools  named  above,  shall  any  sectarian  doc- 
trine be  taught.  That  would  make  the  prolii- 
bition  positive  as  to  all  the  schools,  while  this 
section  relates  only  to  drawing  the  school 
money  for  the  common  schools. 

Mr.  BROSNAN.  I  do  not  know  but  that 
would  be  as  well,  if  such  is  the  sense  of  the 
Convention. 

Mr.  COLLINS.  I  think  thei-o  is  now  nothing 
of  the  kind,  in  regard  to  instruction  in  the 
University. 

Mr.  CROSMAN.  If  I  correctly  understand  the 
gentleman  from  Storey,  my  impression  is  that 
the  section  as  it  stands  now,  covers  the  ground 
he  wishes.  If  the  people  of  a  neighborhood, 
made  up  largely  of  one  particular  religious 
element,  desire  to  establish  a  school  of  their 
own  denomination,  I  presume  no  gentleman 
here  wants  to  preclude  them. 

Mr.  BANKS.  That  would  not  be  a  public 
school. 

Mr.  CROSMAN.  No,  sir ;  then  it  is  not  a 
public  school ;  and  therefore  I  understand  that 
the  section,  as  it  now  stands,  fully  covers  all 
that  is  desired.  A  school  established  by  a  dis- 
trict, if  it  shall  tolerate  sectarian  instruction, 
cannot  receive  the  money  or  aid  of  the  State, 
and  is  not  under  the  patronage  of  the  State. 
It  constitutes  no  part  of  the  general  educa- 
tional interest. 

Mr.  BROSNAN.  The  idea  is  this :  I  think 
that  if  a  school  is  established  in  any  district, 
uud'jr  the  law,  it  is  a  public  school.  Now,  such 
a  school  may,  under  this  section,  establish  sec- 
tarian instruction.  Through  what  influences 
it  may  occur,  I  will  not  undertake  to  say,  but 
there  may  be  taught  in  such  a  school  sectarian 
doctrines,  if  it  shall  please  those  who  control 
it ;  subject,  I  admit,  to  the  forfeiture  of  the 
right  of  the  school  to  receive  its  proportion  of 
the  public  school  money.  But,  nevertheless,  it 
is  still  a  public  school,  that  being  the  only  pro- 
hibition there  is  against  such  iustructio;i.  My 
desire  is  that  the  prohibition  of  sectarian  in- 
struction shall  be  as  positive  and  as  clearly 
expressed  as  is  the  requirement  that  the  dis- 
trict shall  maintain  a  school  for  six  months 
in  the  year,  and  I  wish  to  accomplish  that  pur- 
pose by  placing  both  in  the  same  category,  and 
in  the  same  clause.  If  that  is  done,  and  no 
other  change  is  made  in  the  section,  it  will 
meet  my  views. 

Mr.  COLLINS.  I  like  the  scope  and  design 
of  the  gentleman's  remarks,  and  his  amend- 
ment, but  it  occurs  to  me  that  this  section  re- 
fers exclusively  to  the  common  schools,  which 
are  to  be  maintained  at  least  six  months  in 
every  year.  Then  the  article  goes  on  to  pro- 
vide for  a  University,  for  normal  schools,  and 
for  different  grades  of  schools,  from  the  pri- 


mary departments  up  to  the  University.  It 
seems  to  me  that  it  would  be  better  to  provide 
by  an  additional  section  that  no  sectarian  doc- 
trine shall  be  permitted  to  be  taught  in  any 
school  established  under  this  Constitution. 
That  would  cover  the  entire  ground,  while  this 
amendment  does  not  prohibit  sectarian  instruc- 
tion in  the  colleges,  normal  scliools,  or  such 
other  or  higher  grades  of  schools,  as  are  not 
required  by  Section  2  to  be  maintained  for  six 
months  in  the  year.  I  think  it  would  be  emi- 
nently proper  to  adopt  a  separate  section,  de- 
claring that  in  all  the  schools,  up  to  and 
including  the  University,  no  sectarian  doctrines 
shall  be  taught. 

Mr.  BROSNAN.  I  will  include  the  Univer- 
sity, then  ;  let  my  amendment  apply  to  all  the 
schools. 

The  PRESIDENT.  The  proper  motion  will 
be  to  recommit  with  instructions. 

Mr.  COLLINS.  I  understand  there  is  no  ob- 
jection to  the  amendment. 

The  PRESIDENT.  The  question  may  be 
taken  in  that  shape,  if  thei'e  is  no  objection, 
and  then  the  amendment  can  be  made  at  once. 

Mr.  BROSNAN.  If  there  is  any  possible  ob- 
jection, I  do  not  wish  to  take  a  vote  upon  it. 

Mr.  COLLINS.  I  trust  the  amendment  will 
be  so  drawn  as  to  apply  generally  to  all  the 
schools. 

Mr.  BROSNAN.  I  will  withdraw  my  amend- 
ment, and  prepare  a  separate  section  for  that 
purpose. 

Mr.  HAWLEY.  The  proposition  of  the  gen- 
tleman from  Storey,  if  I  understand  him  cor- 
rectly, is  now  so  modified  that  he  asks  leave  to 
have  the  article  recommitted,  with  a  view  to 
incorporating  a  section  which  will  prohibit 
sectarian  instruction  in  all  departments  of  the 
public  schools,  the  primary  branches  included. 

The  PRESIDENT.  So  I  understand.  But 
if  unanimous  consent  is  given,  the  amendment 
may  be  made  in  that  manner,  instead  of  by 
recommitment. 

Mr.  BROSNAN.  I  have  drawn  a  section,  in 
order  to  carry  out  the  view  of  my  colleague, 
(Mr.  Collins.)  Instead  of  making  any  change 
in  Section  2,  as  I  had  proposed.  I  will  withdraw 
that  amendment,  and  will  now  propose,  with 
the  consent  of  the  Convention,  to  add  to  the 
article  the  following,  as  an  additional  section  : 

Sec.  9.  No  sectarian  iuatructioa  sliall  be  imisarted  or 
tolerated  iu  any  school  or  university  that  may  be  es- 
tablished under  this  Constitution. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

THE   special   school   TAX. 

Mr.  CHAPIN.  I  would  like  to  make  a  fur- 
ther amendment,  and  I  presume  there  will  be 
no  objection  to  it.  It  is  a  slight  change  in  Sec- 
tion 6.  That  section  now  provides  that  a  spe- 
cial tax  shall  be  levied  by  the  Legislature,  for 
the  benefit  of  "  said  University  and  common 
schools,'-  and  I  propose  to  alter  it  so  as  to  read 
in  this  wise;    "for  the  support  and  mainte- 


662 


MISCELLANEOUS  PROVISIONS. 


[18th  day. 


Saturday.] 


Crosmax—Chapin— Collins — President. 


[July  23. 


nance  of  said  University,  common  schools,  or 
mining  department."  Then  the  Legislature 
may,  in  the  exercise  of  its  wisdom,  appropriate 
either  the  whole  or  a  portion  of  the  tax  to  the 
mining  department,  whenever  it  shall  be  found 
necessary. 

Mr.  CKOSMAN.  Is  it  not  stated  in  a  preced- 
ing section  that  the  Legislature  shall  establisli 
a  Stat-'  University,  with  a  mining  department'.' 
It  seems  to  me  that  covers  the  case  entirely, 
the  mining  department  being  a  portion  of  the 
University. 

Mr.  CHAPIN.  But  here  is  a  special  tax  to 
be  levied,  and  it  is  specified  what  the  tax  shall 
be  for. 

Mr.  CROSMAN.  But  the  University  is  one 
of  the  objects  specified,  and  we  have  previously 
declared  that  the  University  shall  embrace  a 
mining  department. 

Mr.  COLLINS.  The  difficulty  of  my  col- 
league appears  to  be  this  :  The  proceeds  of  the 
ninety  tliousand  acres  of  the  public  lands 
granted  by  the  Act  of  Congress  of  July  2d, 
18G2,  are  set  apart  exclusively  for  the  benefit 
of  agriculture  and  the  mechanic  arts,  and  my 
colleague,  regarding  the  mining  department  as 
one  of  the  most  important  branches  of  our  edu- 
cational interests,  at  any  rate  next  in  iiuport- 
ance  to  the  common  schools,  desires  to  have  the 
matter  so  arranged  that  the  proceeds  of  this 
special  tax  may,  in  the  discretion  of  the  Legis- 
lature, be  set  apart  exclusively  for  the  benefit 
of  the  mining  department.  Now  it  occurred  to 
me  when  the  section  was  drawn  up,  that  the 
terms  "university"  and  "common  schools," 
both  occurring,  the  construction  must  be  that 
the  tax  is  to  be  levied  for  the  benefit  of  the 
public  school  fund  ;  and  as  that  fund  comes 
under  the  control  of  the  Board  of  Regents,  that 
Board  will  have  the  right  to  appropriate  this 
tax,  or  any  portion  of  it,  as  well  as  other  funds, 
(excepting,  of  course,  that  which  is  specially 
reserved,  in  conformity  with  the  Act  of  Con- 
gress,) to  any  branch  of  education  the  Board 
may  deem  proper,  whether  it  be  the  University, 
the  mining  department,  a  scientific  school,  or 
the  public  schools ;  or  even  to  the  higher 
grades  of  public  schools,  such  as  normal,  or 
high  schools,  and  academics.  It  appears  to  me 
that  it  comes  within  the  province  and  the  right 
of  the  Board  of  Regents  to  appropriate  this 
special  tax  as  they  please  ;  but  if  there  is  the 
least  doubt  on  tliis  sul'ject  in  the  minds  of 
members  of  the  Convention,  I  iiope  the  amend- 
ment will  be  adopted. 

The  PKL-SIDENT.  I  would  ask  the  gentle- 
man if  he  does  not  regard  the  language  of  the 
section,  at  present,  as  being  sut!iciently  com- 
prehensive ? 

Mr.  COLLINS.     It  seems  to  me  so. 

The  PliESIUENT.  Then  I  will  take  the  lib- 
erty to  suggest  that,  the  article  having  l}een 
engro.'i.sed,  it  is  very  desirable  to  avoid  making 
any  amendments,  unless  they  are  absolutely 
necessary. 

Mr.  COLLINS.    I  would  like  to  have  the 


opinion  of  the  President  on  the  matter  I  have 
suggested. 

The  PRESIDENT.  Let  the  Secretary  read 
the  section. 

The  SECRETARY  read  Section  6. 

Mr.  COLLINS.    Now  let  him  read  Section  4. 

The  SECRETARY  read  Section  i. 

The  PRESIDENT.  I  understand  that  the 
mining  department  is  made  a  part  of  the  Uni- 
versity. 

Mr.  CROSMAN.    I  think  so. 

The  PRESIDENT.  I  think  there  can  be  no 
question  as  to  that.  It  is  one  of  the  depart- 
ments of  the  University,  and  when  the  term 
"  University  "  is  used,  it  must  be  understood  as 
including  the  mining  department. 

Mr.  CHAPIN.  I  was  fearful,  probably  with- 
out having  sutlicieutly  examined  the  subject, 
that  the  language  would  not  cover  the  mining 
department,  and  I  did  not  want  any  doubt  left 
upon  that  point,  because  I  consider  that  as  the 
most  important  institution  we  shall  have  within 
the  borders  of  our  State  ;  and. I  regretted  very 
much  that  the  amendment  proposed  the  other 
day  by  the  gentleman  from  Washoe  (Mr.  Nourse) 
was  not  adopted,  devoting  this  tax  exclusively 
to  the  mining  department.  As,  however,  the 
opinion  of  the  Convention  seems  to  be  clear 
upon  the  construction  of  the  language,  I  with- 
draw the  amendment. 

The  question  was  taken  by  yeas  and  nays  on 
the  final  passage  of  tlie  article  as  amended,  and 
the  vote  was — yeas,  23  ;  nays,  none— as  follows  : 

Yeas — Messrs.  Banks,  Beklen,  Brosnan,  Cliapin,  Col- 
lins, Crawford,  Crosman,  DeLoag,  Dnune,  Frizfll,  Fol- 
som,  Gibson,  Hawley,  Kennedy,  Kinkead,  Lockwood, 
Mason,  Murdock,  Nourse,  Parker,  Tagliabue,  Wether- 
Ul,  and  l\Ir.  President — 23. 

iVays—'Sone. 

So  the  article  was  passed. 

MISCELLANEOUS   PROVISIOXS. 

Article  XVI,  entitled  Miscellaneous  Provi- 
sions, was  read  a  third  time,  as  follows : 

AKTICLE  XVL. 

MISCELLANEOUS  PEOVISIONS. 

Section  1.  The  seat  of  government  shall  be  at  Car- 
sou  tUty,  but  no  api)ropriation  for  the  erection  or  pur- 
chase of  capitol  buildings  shall  be  made  during  the 
next  three  years, 

Skc.  2.  Members  of  the  Legislature,  and  all  oflficers, 
Executive,  Judicial,  and  Ministerial,  shall,  before  they 
enter  upon  the  duties  of  tluir  ri'sp('ctiv(-  offices,  take 
and  subscribe  to  the  follow-in^r  oath  or  affirmation  : 

"  I ,  do  solemnly  swear  (or  affirm)  that  1  will  sup- 
port, protect,  and  defend  the  Constitution  and  (ioveru- 
ment  of  the  United  States,  and  tlie  Constitution  and 
Government  of  the  State  of  Nevada,  against  all  ene- 
mies, whether  domestic  or  foreign,  aud  that  I  will  bear 
true  iaith,  allegiance,  and  loj'alty  to  the  same,  any  or- 
dinance, resolution,  or  law  of  any  State,  Convention  or 
Legislature  to  the  contrary  notwithstanding;  and  far- 
ther, that  T  do  tliis  with  a  full  detcnnination.  pledge, 
and  purpose,  without  any  mental  reservation  or  eva- 
sion whatsoever.  And  I  do  further  soleumly  swear  (or 
affirm)  that  I  have  not  fought  a  duel,  nor  sent  or  ac- 
cepted a  challenge  to  fight  a  duel,  nor  been  a  second  to 
either  party,  nor  in  any  manner  aided  or  assist(-d  in 
such  duel,  nor  been  knowingly  the  bearer  of  such  chal- 
lenge, or  acceptance,  since  the  adoption  of  the  Consti- 
tution of  the  State  of  Nevada,  and  that  I  will  not  be  so 


18th  day.] 


MISCELLANEOUS  PROVISIONS. 


663 


Saturday.] 


President — Dunne — Banks — Collins. 


[July  23. 


engaged  or  couoerned,  directly  or  indirectly,  in  or 
about  any  such  duel,  during  my  continuance  in  office. 
And  further,  that  I  will  well  and  faithl'iiUy  xserform  all 

the  duties  of  the  office  of on  which  I  am  about 

to  enter;  so  help  mc  God." 

Sec.  3.  No  person  shall  be  eligible  to  any  office  who 
is  not  a  qualified  elector,  or  who  has  fought  or  been  in 
any  manner  concerned  in  a  duel  since  the  adoption  of 
this  Constitution.    " 

Sec.  i.  The  general  election  shall  be  held  on  the 
Tuesday  next  after  the  first  Monday  of  November. 

Sec.  5.  The  aggregate  number  of  members  of  both 
branches  of  tho  Legislature  shall  never  exceed  seventy- 
five. 

Sec.  6.  AU  county  officers  shaU  hold  their  offices  at 
the  county  seats  of  their  respective  counties. 

Sec.  7.  The  Legislature  shall  provide  for  the  speedy 
publication  of  all  statute  laws  of  a  general  nature,  and 
for  such  decisions  of  the  Supreme  Court  as  it  may 
deem  expedient;  and  all  laws  and  judicial  decisions 
shall  be  free  for  pubhcation  by  any  person;  proi'i'lcil, 
that  no  judgment  of  the  Supremo  Court  shall  take  effect 
and  be  operative  until  the  opinion  of  the  Court  in  such 
case  shaU  be  filed  with  the  Clerk  of  said  Court. 

Sec.  8.  The  Legislature  may  at  any  time  provide  by 
law  for  increasing  or  diminishing  the  salaries  or  com- 
pensation of  any  of  the  officers  whose  salaries  or  com- 
Ijensatiou  is  fixed  iu  this  Constitution;  provided,  no 
such  change  of  salary  or  compensation  shall  apply  to 
any  offii^er  during  the  term  for  which  he  may  have 
been  elected. 

Sec.  9.  All  officers  whose  election  or  appointment 
is  not  otherwise  provided  for,  shall  be  chosen  or  ap- 
pointed as  may  bo  prescribed  by  law. 

Sec.  10.  The  tenure  of  any  office  not  herein  pro- 
vided for  may  be  declared  by  law,  or  when  not  so  de- 
clared, such  office  shall  be  held  during  the  pleasure  of 
the  authority  making  the  ai^pointment ;  but  the  Legis- 
lature shall  not  create  any  office,  the  teniire  of  which 
shall  be  longer  than  four  years. 

Sec.  11.  The  Governor,  Secretary  of  State,  State 
Treasurer,  State  Controller,  and  Clerk  of  the  Supreme 
Court,  shall  keei)  their  respective  offices  at  the  seat  of 
Government. 

Sec.  12.  The  enumeration  of  the  inhabitants  of  this 
State  shall  be  taken  under  the  direction  of  the  Legis- 
lature, if  deemed  necessary,  in  the  year  18iJ5,  and  18(j7, 
and  187.5,  and  every  ten  years  thereafter;  and  these 
enumerations,  together  with  the  census  that  may  be 
taken  uuder  the  direction  of  the  Congress  of  the  United 
States  in  the  year  1870,  and  every  subsequent  ten  years, 
shall  serve  as  the  basis  of  representation  in  both  Houses 
of  the  Legislature. 

Sec.  13.  A  plurality  of  votes  given  at  an  election  by 
the  people,  shall  constitute  a  choice,  where  not  other- 
wise provided  by  this  Constitution. 

The  PRESIDENT.  I  will  call  attentioa  to 
Section  12,  in  relation  to  a  State  Census.  I 
understood  it  was  proposed  to  malie  an  amend- 
ment, to  obviate  the  necessity  of  taking  the 
census,  at  the  expense  of  the  State,  if  it  is  done 
by  the  General  Government. 

Mr.  DUNNE.  I  otf-n-ed  the  amendment,  and 
it  was  adopted.  It  now  provides  only  that  the 
census  "shall  be  taken  under  the  direction  of 
the  Legislature,  if  deemed  necessary."  I  think 
that  is  sufficient. 

dispb.vnchisement  ok  duelists. 

Mr.  BANKS.  I  move  to  refer  Section  3  of 
this  article  to  a  special  committee,  with  instruc- 
tions to  insert  in  lieu  thereof  the  following,  and 
report  immediately : 

Sec.  3.  No  person  shall  be  eligible  to  any  office  who 
is  not  a  qualified  elector.  No  person  who,  while  a  citi- 
zen of  this  State,  has,  since  the  adoption  of  this  Con- 
stitution, fought  a  duel  with  a  deadly  weapon,  sent  or 
accepted  a  challenge  to  fight  a  duel  with  a  deadly 


weapon,  either  within  or  beyond  the  boundaries  of 
this  State,  or  who  has  acted  as  second,  or  knoNvingly 
conveyed  a  challenge,  or  aided  or  assisted  in  any  man- 
ner those  thus  ott'ending,  shall  be  allowed  to  hold  any 
office  of  honor,  jiroflt,  or  trust,  or  enjoy  the  right  of 
suffrage  under  this  Constitution.  The  Legislature 
shall  provide  by  law  for  giving  force  and  efl'ect  to  this 
section. 

Mr.  COLLINS.  I  second  the  amendment 
offered  by  the  gentleman  from  Humboldt,  and 
I  do  so  from  a  conviction  that  the  time  has  ar- 
rived when  every  civilized  community,  at  least 
every  community  in  our  country  that  aspires 
to  the  dignity  of  a  State  Government,  should, 
in  its  organic  law,  declare  its  decided  and  per- 
manent hostility  to  the  barbarous  institution  of 
dueling.  And,  sir,  I  marvel  somewhat  that 
those  who  framed  aud  perfected  the  Constitu- 
tion which  was  submitted  to  the  people  last  year, 
did  not  go  further  than  they  did  in  this  matter. 

The  proposition  embodied  in  this  amendment 
is  nothing  new.  There  are  States  in  the  Union 
which  have  gone  far  beyond  this  provision,  in 
regard  to  dueling.  Several  of  them — three,  at 
least,  namely  :  Connecticut,  Michigan,  and  Cal- 
ifornia— have  embodied  in  their  Constitutions 
provisions  which,  if  not  identical,  are  very 
similar  to  this,  whilst  in  Virginia  and  Missouri, 
not  only  is  there  a  disqualification  tor  holding 
office,  but  there  is  a  constitutional  requirement 
that  the  Legislatures  of  those  States  shall  pass 
laws  by  which  the  estate  of  the  successful  duel- 
ist shall  be  charged  with  the  support  of  the 
widow  and  orphans  of  his  unfortunate  antag- 
onist. In  Alabama,  Iowa,  Indiana,  and  Ohio, 
constitutional  provisions  have  been  adopted 
which  go  quite  as  far  as  was  proposed  in  the 
Constitution  of  last  year — that  is,  disqualify- 
ing any  person  who  may  be  engaged  in  a  duel 
from  holding  office. 

One  objection  has  been  found  to  exist  to  laws 
against  dueling,  especially  in  some  of  the  older 
States  of  the  Union,  where  the  penalty  pre- 
scribed has  been  death,  namely,  that  the  se- 
verity of  such  laws  defeated  their  operation. 
It  has  been  found  very  difficult,  if  not  impossi- 
ble, to  convict  a  man  who  has  slain  another  in 
a  duel.  But  here  are  two  severe  penalties, 
which,  in  my  judgment,  it  is  entirely  practica- 
ble to  enfore.  The  man  who  infracts  tlie  pro- 
hibition against  dueling,  it  is  provided  .«hall  be 
deprived  of  the  right  to  hold  office,  and  shall 
also  be  deprived  of  the  right  of  voting ;  aud 
these  are  two  privileges  which  in  our  country 
are  regarded  as  especially  valuable  and  sacred. 
They  are  held  in  greater  esteem  by  many  than 
silver  or  gold,  and  therefore  the  establishment 
of  such  a  penalty  as  the  forfeiture  of  these 
privileges,  must,  in  my  judgment,  have  a  very 
powerful  influence  in  restraining  men  from  the 
commission  of  such  acts  of  violence  —  acts 
which  I  feel  justified  in  characterizing  as  cold- 
blooded murder,  I  may  have  some  sympathy 
with  an  individual  who,  in  the  heat  of  passion, 
while  his  blood  is  boiling  in  his  veins,  may 
commit  a  homicide,  but  I  can  have  no  sympathy 
with  the  man  who  coolly  and  deliberately  re- 


664 


MISCELLANEOUS  PROVISIONS. 


[ISth  day. 


Saturday,] 


Bkosnax— DeLong. 


[July  23. 


solves  on  the  means  by  which  he  takes  the 
life  of  his  fellow-being.  Consequently,  I  have 
no  sympathy  with  the  duelist. 

There  has  been  on  this  coast  some  sort  of  pub- 
lic sentiment  which  has  tolerated  the  practice 
of  dueling  to  some  extent,  and  even  justified  it 
in  mauy  instances.  But  at  the  present  time,  and 
in  our  State,  any  such  public  sentiment  ought 
to  be  discountenanced  and  frowned  upon.  When 
the  spirit  of  the  so-called  '•  chivalry,"  that  had 
at  one  time  an  important  intiuence  in  the 
coutrol  of  the  destinies  of  California,  bore  full 
sway,  dueling  was  rife  in  that  State.  Men  from 
the  Northern  and  Eastern  States,  coming  in 
contact  with  that  arrogant  class  of  men  from 
the  Southern  States,  and  receiving  insults  at 
their  hands,  naturally  desired  to  show  them 
that  they  poe.sessed  all  the  spirit  and  manhood 
necessary  to  protect  themselves,  and  hence  the 
State  of'  Califoi  nia  has  been  made  a  battle- 
ground for  duelists.  But  there  is  no  good 
reason  why  we  should  permit  such  a  condition 
of  things  to  exist  in  our  State.  There  is  no 
reason  why  we  should  not  lay  it  down  as  a  fun- 
damental principle,  that  no  man  shall  be  allowed 
to  take  the  law  into  his  own  hands.  Just  in 
proportion  as  you  sutler  men  in  the  community 
to  take  the  law  into  their  own  hands,  just  in 
that  proportion  do  you  weaken  the  government, 
and  sap  it  of  its  strength.  Every  man  is  then 
allowed  to  become  as  it  were  a  law  unto  himself 
and  his  neighbor.  In  California,  the  northern 
spirit  having  become  aroused,  as  I  have  said,  by 
men  of  the  "chivalry"  stamp,  during  the  first 
six  years  of  the  State  organization  not  less  than 
thirty-six  duels  were  fought,  several  of  them 
having  a  fatal  termination  ;  and  unless  we  take 
measures  to  prevent  it  now,  while  we  are  form- 
ing our  fundamental  law,  unless  we  shall  lay 
the  axe  at  the  root  of  the  tree,  we  may  reason- 
ably anticipate  a  repetition  of  those  scenes  in 
our  own  State,  and  our  government  will  thus 
be  sapped  of  its  power  and  weakened  of  its  influ- 
ence ;  for  I  contend  that  government  is  only 
strong  when  tlie  laws  are  respected  and  en- 
forced, and  when  the  persons  and  the  character 
of  men  are  hcdd  most  sacred. 

The  PRESIDENT.  The  gentleman's  time 
has  expired. 

Mr.  BROSNAN.  I  am  undergoing  a  mental 
struggle  at  the  present  time,  in  regard  to  the 
amendment  which  the  gentleman  from  Hum- 
boldt has  proposed.  It  is  not  a  very  ea>y  mat- 
ter for  me  to  give  the  reasons  for  the  position 
which  I  occupy,  at  my  present  time  of  life,  es- 
pecially when  I  am  limited  to  five  minutes  ; 
but  I  will  .say  that  if  I  vote  for  tiiis  amendment, 
as  I  verj  prol)al)ly  may,  it  will  ije  a  revolution 
— a  complet'j  chang,'  from  the  convictions  and 
habits  of  thought,  resulting  from  the  wliole 
cour.-^e  of  the  associations  and  teachings  of  my 
past  life.  P.;rhnps  it  is  better  that  it  is  so.  be- 
cause if  I  vote  for  this  proposition,  I  mean  to  up- 
hold and  defend  it.  I  have  seen  occasions.  Mr. 
President,  and  may  see  such  occasions  again, 
where  the  enforcement  of  such  a  provision,  if 


it  would  not  strike  down  the  spirit  of  a  man, 
would,  at  least,  subject  him  to  the  contumely 
of  his  fellows,  to  a  greater  or  less  extent.  It  is 
hard  to  subjugate  the  human  will,  especially 
when  it  is  invoked  in  the  support  of  a  man's 
honor  and  standing  auiong  bis  fellow-men. 
Xerxes  thought  to  chain  the  Adriatic,  but  he 
failed.  So,  too,  the  haughty  Dane  would  faia 
have  check"d  the  overflow  of  the  advancing 
tide  from  Neptune's  dominions,  but  failed  ia 
his  attempt.  And  philosoi)hers,  in  the  Augus- 
tan era  of  English  literature,  have  said,  as  I 
think,  wi.«ely  and  truly,  that — 

"  Men  cirfaniecl  that  they  coidcl  sflenoe  at  their  will 
The  stonus  of  iias-sion,  and  say — 'Peace  ;  be  still  I' 
But  '  thus  tia-  anil  no  tartht-r,'  vrh&n  adilrtfssed 
To  \\ild  wave,  or  to  wilder  human  breast. 
Implies  authority'  that  never  can. 
And  never  ought  to  l^e,  allied  to  man." 

I  say,  Mr.  President,  that  if  I  shall  vote  for 
this  proposition,  (and  at  the  present  stage  of 
my  life  I  may  very  likely  do  so,)  it  will  be  a 
change  in  the  whole  course  of  my  life — in  the 
whole  course  of  my  teachings;  yet,  if  I  can  \ye 
fully  convinced  that  it  will  be  a  public  benefit, 
I  shall  no  longer  hesitate  to  give  it  my  vote. 

I  did  not  propose  to  say  anytl}ing  further  at 
this  time,  but  there  is  one  thing  I  will  add. 
My  learned  colleague,  (Mr.  Collins  )  in  speak- 
ing about  the  penalties  attached  to  duelists  and 
dueling,  has  mentioned  the  fact  that  in  some  of 
the  States  of  the  Union  the  successful  combat- 
ant in  a  duel  is  bound  by  law  to  sustain  the 
family  of  him  who  has  fallen.  It  has  been 
within  my  knowledge,  sir,  that  that  penalty  has 
been  prescribed  by  law  in  the  State  of  Califor- 
nia, and  I  have  known  the  author  of  that  law  to 
be  himself  the  first  to  infringe  upon  its  recjuire- 
ments.  and  violate  its  provisions,  disregarding 
the  very  statute  of  which  he  had  been  the 
framer  and  introducer  in  the  Legislature  of 
that  State ;  thus  spurning  all  respect  for  that 
solemnity  which  should  attach  to  the  laws  of 
the  land.  I  mention  this  as  one  of  the  reasons 
which  induce  me,  or,  at  any  rate,  have  some 
tendency  towards  inducing  me  to  vote  against 
the  provision.  I  fear  that  men  will  disregard 
it,  and  if  it  is  not  regarded,  it  is  only  increas- 
ing their  guilt.  For  myself,  if  I  shall  vote  for 
it,  I  shall  observe  it. 

Mr.  DkLONG.  I  intend  to  vote  for  the 
amendment,  and  solely  for  the  reason  that  I 
prefer  it  to  the  >  rigiaal,  inasmuch  as  the  origi- 
nal disfranchises  a  man  from  holding  office,  if 
he  iias  fought  a  duel,  no  matter  whether  here 
or  elsewhere. 

The  PRESIDENT.  The  Chair  will  state 
to  the  gentleman  from  Storey,  tliat  this  is  offer- 
ed as  a  substitute  for  Section  3.  and  not  for 
Section  2.  which  embodies  the  oath. 

Mr.  DkLONG.  Then  it  seems  that  a  man 
must  .swear  to  it  twice.  It  may  l)e  that  I  am 
in  error,  but  I  honestly  believe  that  the  system 
which  it  is  here  proposed  to  cstablisii,  is  one 
well  calculated  to  legislate  men  into  cowardice. 
By  such  legislation  you  cut  a  man  oS"  from  the 


18th  day.] 


MISCELLANEOUS  PROVISIONS. 


665 


Saturday,] 


NouRSE — DeLono — Parker — Collins — Banks. 


[July  23. 


privilege  of  defending  his  honor,  and  if  you 
do  so,  you  either  dis^franchise  him  or  make 
him  a  coward.  Now,  sir,  I  candidly  believe,  as 
I  live,  that  if  the  practice  of  redressing  insults 
when  ottered,  and  of  defending  tlic  honor  when 
attaclied,  had  been  the  same  at  tlie  North  as  at 
the  Sonth,  we  would  not  have  had  the  rebellion 
that  exists  to-day.  I  believe  that  the  i'lea 
which  prevailed  at  the  North,  that  the  talking  of 
human  life  is  wrong  under  any  and  all  circum- 
stances, caused  northern  men  to  so  conduct 
themselves  as  to  lead  southern  men  to  the  con- 
clusion that  all  the  men  of  the  North  were 
cowards. 

Mr.  NOURSE.  They  have  found  out  their 
mistake. 

Mr.  DeLONGt.  Yes  ;  they  have  now  found 
out  their  mistake,  but  nevertheless  it  has  pro- 
duced that  result.  Again,  it  will  have  the 
effect  to  embolden  men  who  are  in  the  habit  of 
scandalizing  others,  and  imputing  bad  motives. 
Knowing  that  those  whom  they  malign  will  not 
dare  to  call  them  to  account  personally,  or,  at 
least,  cannot  do  so  without  being  disfranchised, 
they  will  feel  that  they  have  immunity  for  edi- 
torial assaults  in  the  newspapers,  or  for  attack- 
ing the  character  of  men  in  conversation — that 
they  can  do  so  without  fear  of  the  conse- 
quences which  might  otherwise  result  from  the 
resentment  which  such  conduct  naturally  pro- 
vokes. 

Mr.  PARKER.  If  a  man  who  traduces  my 
character  is  responsible  in  no  other  way,  can- 
not I  go  and  "whale"  him?     [Merriment.] 

Mr.  DeLONG.  No,  sir ;  for  what  is  a  duel? 
If  it  is  a  combat  with  pistols,  it  is  also  with 
swords,  and  if  it  is  with  swords,  it  is  with  the 
fists.  Any  kind  of  contest,  by  which  one  man 
engages  in  a  fight  with  another,  is  a  duel. 

Mr.  NOURSE.  Oh,  no  !  A  duel  is  a  deadly 
combat. 

Mr.  DeLONG.  But  it  may  not  result  in 
death. 

Mr.  COLLINS.  I  bslleve  it  is  defined  to  be 
a  fight  with  deadly  weapons. 

Mr.  DeLONG.  Then  the  question  is,  what  is 
a  deadly  weapon? 

Mr.  BANKS.    That  has  been  defined. 

Mr.  DeLONG.  Yes;  you  can  find  a  dozen 
different  adjudications.  It  is  said  that  a  deadly 
weapon  is  anything  that  will  produce  death — 
but  that  might  be  a  club,  and  men  have  often 
been  killed  by  blows  of  the  fists  If  a  man  kills 
another  in  a  fight  with  fists,  would  he  not  come 
under  this  provision  ? 

Mr.  COLLINS.  I  would  certainly  want  to 
bring  him  under  it. 

Mr.  DeLONG.  I  believe  it  is  hopeless  to 
expect  to  prevent  dueling  by  such  extraordinary 
penalties,  and  any  such  law  will  only  result  in 
being  totally  disregarded.  Why,  sir,  very  many 
of  our  best  men  have  fought  duels,  right  in  the 
face  of  statutory  and  coustitutiunal  provisions, 
which  declared  them  felons  at  the  time  they  did 
BO.  And  by  this  provision,  if  a  man  commits 
that  offense,  the  law  being  wholly  disregarded,  J 


you  add  to  it  what  will  impose  on  his  soul  the 
further  crime  of  perjury. 

Mr.  BANKS.  In  a  conversation  I  had  with 
an  able  and  eloquent  member  of  the  Conven- 
tion a  few  days  ago,  he  related  to  me  a  cir- 
cumstance, which  very  forcibly  illustrates  the 
principle  upon  which  I  desire  to  incorporate 
this  amendment.  He  told  me  that  a  friend  of 
his  had  been  challenged  by  a  party  to  fight  a 
duel ;  "  but,"  said  he,  "  my  friend  declined  to 
fight,  unless  the  man  who  challenged  him  would 
first  go  and  pay  all  his  debts,  becau.se  he  did 
not  wish  to  incur  the  responsibility  of  killing 
the  man,  and  so  depriving  his  creditors  of  what 
was  justly  due  them."  I  regard  that  as  a  valid 
excuse,  and  want  to  carry  out  the  principle,  by 
furnishing  a  good  reason  for  not  fighting. 

Mr.  DeLONG.  You  do  not  give  the  excuse 
exactly  right.  The  law  of  California  imposes 
as  a  penalty  that  the  party  who  kills  another 
in  a  duel  shall  pay  his  debts  and  provide  for 
his  family.  This  man  being  challenged,  replied 
to  the  challenger,  "  Go  and  provide  for  your 
family  and  pay  your  debts,  and  then  I  will 
fight  a  duel  with  you." 

Mr.  BANKS.  That  makes  the  illustration 
better  still. 

Mr.  NOURSE.  I  shall  take  ground  exactly 
the  converse  of  that  of  the  gentleman  from 
Storey,  (Mr.  DeLong.)  I  shall  say  that  if  the 
state  of  society  which  existed  at  the  north  had 
existed  at  the  south,  we  never  should  have  had 
a  rebellion.  That,  it  seems  to  me,  is  the  cor- 
rect statement  of  the  case. 

Mr.  COLLINS.     Hear,  hear  ! 

Mr.  NOURSE.  Now  I  am  not  a  fighting 
man.  I  do  not  expect  ever  to  have  occasion  to 
fight  a  duel.  And  yet  I  never  have  been  wil- 
ling to  believe  myself  pensonally  a  coward.  I 
do  not  believe  there  is  any  necessity  for  fight- 
ing a  duel.  I  have  heard  of  a  great  many 
duels  for  the  vindication  of  men's  honor,  but  I 
do  not  believe  that  any  man's  honor  can  be 
purified  in  that  way.  If  a  man  insults  or 
abuses  me,  I  do  not  gain  anything  by  placing 
myself  in  a  position  to  be  shot  by  him,  or  un- 
dertaking to  shoot  him  in  return.  There  is,  I 
admit,  at  the  first  blush,  some  force  in  the  gen- 
tleman's argument  of  restraint — that  the  fear 
of  being  held  responsible  in  a  duel  may  some- 
times keep  men  from  using  abusive  language  ; 
that,  in  short,  it  may  be  a  check  upon  men's 
tongues.  And  yet  that  argument  is  one  imply- 
ing a  charge  which  men  would  not  like  to 
admit,  and  that  is,  that  nothing  but  cowardice 
prevents  them  from  impugning  the  motives  and 
conduct  of  others. 

I  have  never  lived  in  the  South,  but  I  have 
.seen  southern  men  brought  in  daily  contact 
with  those  who  might  be  termed  representative 
men  at  the  North,  and  I  found  they  were  as  dif- 
ferent in  their  manners  as  light  and  darkness. 
At  the  law  school  which  I  attended,  we  found 
a  large  number  of  sons  of  aristocrats  from  the 
South,  themselves  as  aristocratic  and  haughty 
as  they  could  be,  and  every  one  of  them  bound  to 


666 


MISCELLANEOUS  PROVISIONS. 


[18th  d^. 


Saturday,] 


Mason — DeLoxg — Haavlet — Nourse. 


[July  23. 


fight  a  duel,  with  pistol  or  bowie  knife,  upon 
what  they  regarded  as  proper  provocation.  I 
admit  that  thty  did  have,  as  I  did  not  alwnys,  a 
thorough  acquaintance  with  those  words  which 
constitute  the  technical  grounds  for  a  duel,  and 
they  were  careful  to  avoid  tliem  ;  but  I  never 
met  with  a  class  of  men  in  my  life  so  totally 
regardless,  after  all,  of  wiiat  really  belongs  to 
the  manners  of  a  gentleman.  They  would  not 
call  me  a  liar,  or  say  I  was  '•  no  gentleman  " — 
that  is  the  mortal  word  with  tliem — but  thej' 
could  be  more  insulting  in  tone  and  manner, 
avoiding  the  technical  cause  of  offense,  than  any 
otlier  men  I  ever  saw.  With  all  their  peculiar 
training,  they  knew  exactly  how  to  act,  and 
what  to  say,  and  still  not  step  over  the  techni- 
cal line.  And  I  will  tell  you  frankly,  that 
about  the  only  occasion  when  I  ever  felt  as 
if  I  wanted  to  fight,  was  when  these  men, 
with  their  insolent  manners  and  supercilious 
bearing,  would  pass  by  us  who  were  northern 
men.  Yet  they  never  said  or  did  anything 
which  we  could  make  a  ground  of  justification 
for  a  quarrel.  No,  sir ;  I  do  not  think  that 
this  dueling  system  has  any  real  tendency  to 
improve  men's  manners,  abroad  or  at  home.  It 
may  be  able  in  some  cases  to  restrain  men  as*to 
the  extent  of  their  words,  but  that  has  but  lit- 
tle to  do  with  genuine  courtesy. 

I  think,  as  the  gentleman  from  Humboldt 
(Mr.  Banks,)  says,  that  this  provision  will  give 
an  additional  and  very  proper  excuse  to  men 
for  refusing  to  tight  a  duel,  and  in  that  way 
will  tend  to  prevent  the  practice.  While  you 
may  not  be  able  to  convict  men  for  murder, 
wlien  they  kill  other  men  in  duels,  yet  there 
will  he  no  difficulty  in  enforcing  this  provision, 
and  I  tliink  the  very  class  of  men  who  wouhl 
ordinarily  be  willing  to  fight  duels,  will  be  ex- 
tremely glad  to  avail  themselves  of  the  excuse 
it  aftbrds. 

The  PRESIDENT.  The  gentleman's  time  is 
exhausted. 

Mr.  MASON.  I  am  very  sorry  to  be  obliged 
to  differ  on  a  question  of  this  kind  from  my 
friend  from  Storey,  (Mr.  DeLong.)  but  I  have 
been  brought  up  in  that  part  of  our  land  where 
human  life  is  regarded  as  of  some  value,  and 
my  teachings  have  been  such  that  I  am  de- 
cidedly opposed  to  fighting  duels.  And  I  do 
not  believe  in  exercising  my  right  of  suffrage 
for  the  elevation  to  honorable  and  responsiljle 
position  of  any  man,  nor  that  any  man  should 
be  allowed  to  hold  high  position,  who  would 
practict;  dueling,  or  maintain  and  defend  that 
peculiar  doctrine  on  which  the  practice  is  based 
— that  it  is  the  part  of  true  courage  to  dare 
Omnipotence.  I  have  been  taught  to  ))elieve, 
and  do  believe,  that  it  is  downright  presump- 
tion, and  that  true  courage  is  never  found  in 
rash  adventure.  Neither  is  that  properly  to 
be  accounted  honor  which  arms  one  man  against 
another  in  a  private  quarrel.  I  have  been 
brought  up,  sir,  to  Ijelieve  in  doctrines  of  that 
kind,  and  I  still  believe  in  them.  I  look  upon 
dueling  as  wholly  wrong  in  principle — a  mere 


relic  of  barbarism — wholly  inconsistent  with 
modern  civilization  and  enlightenment ;  and 
more  than  that,  the  voice  of  Christianity  stamps 
the  seal  of  condemnation  upon  the  policy  and 
the  practice.  Consequently,  I  .shall  support 
the  amendment,  and  the  proposed  oalh  in  re- 
gard to  dueling,  entirely  and  to  the  letter. 

Mr.  DeLONG.  I  wish  merely  to  say  a  word 
or  two  in  reply  to  the  gentleman  from  Esmer- 
alda. I  was  not  brought  up  in  a  fighting 
school  any  more  than  he,  and  would  engage  in 
a  duel  no  sooner  than  he  would.  But  I  do  not 
subscribe  to  Mr.  Seward's  doctrine,  that  a  man 
who  is  not  a  gentleman  cannot  insult  me,  and 
a  man  who  is  a  gentleman  will  not  insult  me. 

The  PRESIDENT.  The  gentleman  having 
already  spoken  his  allotted  time  on  this  ques- 
tion, is  not  in  order  to  proceed  further. 

Mr.  HAWLEY.  I  confess  that,  consulting 
only  my  feelings,  I  voted  for  the  section  em- 
bodying the  oath,  and  shall  vote  for  the  amend- 
ment proposed  by  the  gentleman  from  Humboldt 
with  some  degree  of  reluctance.  But,  sir,  when 
I  consult  my  judgment.  I  have  no  hesitation 
whatever  in  giving  my  sanction  to  the  measure. 
I  think,  however,  that  the  gentleman  from 
Wa.shoe,  (Mr.  Nourse) — and  he  will  excuse  my 
feeling  a  little  on  the  subject — does  a  great  in- 
justice to  southern  gentleman,  when  he  takes  a 
class  of  fifteen  or  twenty  young  men  in  a  north- 
ern college,  and  sets  them  up  as  the  embodiment 
of  southern  manners  and  southern  breeding. 

Mr.  NOURSE.  Allow  me  to  explain.  I  did 
not  mean  to  do  that.  I  only  say  that  is  as  far 
as  my  knowledge  extends  on  the  suliject  never 
having  lived  at  the  South.  There  were  seventy 
or  eighty  of  them,  however,  and  that  was  their 
style. 

Mr.  HAWLEY.  Very  well ;  I  have  met  with 
the  same  sort  of  manners  among  a  certain  class 
of  young  men,  but  I  have  always  found  those 
who  would  indulge  in  such  conduct  so  utterly 
devoid  of  In-ains,  as  to  be  unworthy  of  atten- 
tion.    So  much  for  that. 

But,  sir,  when  I  cast  my  eyes  along  the  page 
of  history,  and  read  how  Hamilton  fell,  and 
how  many  other  men,  almost  equally  distin- 
guished, have  fallen,  from  time  to  time,  upon 
what  is  falsely  termed  the  '•  field  of  honor ; " 
when  I  look  at  the  history  of  the  past  few 
years  in  our  sister  State  of  California,  I  can- 
not but  believe  that  the  blood  of  the  many 
nol)le  men  who  have  been  so  untimely  taken  off, 
calls  loudly  upon  ns  for  our  reprobation  of  this 
barbarous  system.  Now  and  then  cases  may 
arise  where  men  may  possibly  be  justified  in 
even  going  to  the  extent  of  disfranchising  them- 
selves, to  prove,  for  instance,  the  falsity  of  an 
assertion  that  they  are  cowards;  but  I  believe, 
sir,  that  in  the  vast  majority  of  instances  in 
this  country,  where  this  system  is  resorted  to, 
as  a  mode  of  settling  differences,  the  public 
generally  would  care  but  very  little  if  both  of 
those  who  went  out  to  combat  should  remain 
upon  the  field.  What  is  claimed  to  be  the 
'•  honor  "  of  the  great  majority  of  those  who 


18th  day.] 


MISCELLANEOUS  PROVISIONS. 


667 


Saturday,] 


Warwick — Nourse — Banks — IIa^^.ey — Presedext — Brosxan. 


{July  23. 


in  these  times  resort  to  the  practice  of  dueling, 
is  a  matter  of  no  consideration  to  the  public  ; 
but,  sir,  wheu  the  practice  of  the  requirements 
of  the  code  results  in  the  untimely  death  of 
some  man  of  promise,  some  one  who  might 
have  been  expected  to  exert  great  influence  for 
the  good  of  his  country,  then  we  can  feel  the 
evil  of  the  system,  and  it  becomes  our  bounden 
duty,  so  far  as  may  be  in  our  power,  to  set 
upon  it  the  seal  of  reprobation.  Entertain- 
ing these  views,  I  shall  vote  for  the  amend- 
ment, although  I  doubt  the  propriety  or  appli- 
cability of  some  portions  of  it.  That  is  a 
matter  of  detail,  however,  which  may  come  up 

V|  p  p  ti  O  f'f  £»  T» 

Mr.  WARWICK.  I  ask  that  the  amendment 
be  read  airain. 

The  SECRETARY  read  Mr.  Banks's  amend- 
ment. 

Mr.  NOURSE.  Permit  me  to  suggest  that 
perhaps  it  might  be  well  to  change  that  a  little. 
I  do  not  think  we  ought  to  take  cognizance  of 
duels  which  are  fought  outside  of  the  State, 
unless  one  or  both  parties  be  citizens  of  the 
State. 

Mr.  BANKS.  The  President  has  suggested 
an  addition  to  the  language  here  employed.  It 
now  says  that  '•  no  person  shall  be  eligible  to 
any  office  who  is  not  a  qualified  elector."'  At 
his  suggestion,  and  with  the  permission  of  the 
Convention,  I  will  add  to  that  the  words  "  un- 
der this  Constitution." 

Mr.  WARWICK.  I  wish  to  say  a  word  or 
two  in  regard  to  this  amendment.  For  my 
own  part,  I  am  not  only  in  favor  of  adopting 
a  provision  which  will  exclude  from  office  the 
duelist  who  is  a  citizen  of  our  own  State,  but  I 
am  also  in  favor  of  excluding  the  imported 
duelist.  I  do  not  think  him  entitled  to  any 
more  consideration  than  one  who  is  native  here, 
and  "  to  the  manor  born.'' 

Mr.  HAWLEY.  Allow  me  to  call  attention 
to  a  portion  of  Section  2  of  Article  I,  of  the 
Constitution  of  the  United  States,  which  reads 
as  follows  : 

"No  per.son  shall  be  a  represenatlve  ■who  shall  not 
have  attaiued  to  the  age  of  twenty-five  years,  and  been 
seven  years  a  citizen  of  the  United  States  ;  and  who 
shall  not,  when  elected,  be  an  inhabitant  of  that  State 
in  which  he  shall  be  chosen." 

Now,  sir.  this  language  plainly  implies  that 
a  man  who  is  an  inhabitant  of  this  State,  that 
is,  of  the  State  of  Nevada,  who  is  twenty-five 
years  old,  and  who,  at  the  time  of  his  election, 
has  been  a  citizen  of  the  United  States  for 
seven  years,  may  be  elected  to  Congress  as  a 
representative  from  this  State.  These  are  the 
only  qualifications  necessary.  It  does  not  even 
say  that  he  shall  be  a  citizen  of  the  State  of 
Nevada,  but  only  a  citizen  of  the  United  States 
for  seven  j'ears,  and  an  inhabitant  of  this  State. 
If  this  amendment  shall  prevail,  it  may  happen 
that  men  will  be  elected  to  Congress,  or  to 
other  and  perhaps  very  important  offices,  who 
will  be  disqualified  by  such  a  provision  ;  and 
while  I  am  disposed  to  do  everything  I  prop- 


erly can  do  to  frown  down  the  practice  of  du- 
eling, yet  I  do  not  wish  to  support  any  propo- 
sition that  would  render  ineligible  to  office  a 
citizen  of  the  United  States  and  an  inhabitant 
of  this  State,  in  contravention  of  the  Constitu- 
tion of  the  United  States,  which  we  are  sworn 
to  support. 

The  PRESIDENT.  The  Chair  regrets  to  in- 
terrupt the  gentleman,  but  hopes  that  every 
member  will  keep  in  mind  and  observe  the 
rule,  which  permits  each  member  to  speak  five 
minutes  upon  any  one  subject,  but  gives  no 
privilege  to  occupy  the  attention  of  the  Con- 
vention for  a  longer  time. 

Mr.  WARWICK.  I  am  fully  aware  of  the 
fact  that  the  gentleman  from  Douglas  suggests, 
and  I  do  not  believe  that  the  State  of  Nevada 
will  enact  any  law  that  is  going  to  do  violence 
to  the  Constitution  of  the  United  States.  Nev- 
ertheless, I  am  in  favor  of  enacting  a  law  here 
which  shall  place  the  seal  of  condemnation  on 
what  I  regard  as  one  of  the  most  barbarous 
practices  that  ever  cursed  humanity  anywhere. 
Sir,  if  we  are  going  to  allow  this  vestige  of 
barbarism  to  exist  among  us,  we  might  as  well 
go  back  to  the  ancient  custom  of  trial  by  com- 
bat for  the  righting  of  wrongs,  appealing  to 
the  Almighty  to  protect  the  right.  We  are 
here  about  to  form  a  Constitution  for  a  new, 
Christian  State,  and  Christian  civilization  all 
over  the  world  has,  by  its  legal  enactments,  given 
emphatic  condemnation  to  the  practice  of  duel- 
ing,— that  practice  which  has  robbed  the  world 
of  some  of  its  best  and  noblest  men.  Shall  we 
stand  aloof,  and  in  the  face  of  the  civilization 
of  the  world  give  our  sanction  to  the  practice  ? 
If  there  is  a  provision  of  the  Constitution  of 
the  United  States  which  prevents  us  from  in- 
terfering with  the  qualifications  of  members  of 
Congress,  still  there  are  other  offices  over 
which  we  have  entire  and  perfect  control,  and 
let  us  at  least  declare  that  the  prohibition  shall 
apply  to  those  officers — that  no  man  shall  hold 
office  among  us  who  has  indulged  in  this  bar- 
barous practice  since  the  adoption  of  our  Con- 
stitution. 

Mr.  BROSNAN.  I  ask  for  the  reading  of 
the  amendment. 

The  SECRETARY  read  the  amendment,  as 
modified  by  the  mover. 

Mr.  BROSNAN.  I  understand  that,  as  the 
amendment  is  framed,  it  exempts  from  the  pen- 
alty any  person  who  has  fought  a  duel,  sent  or 
accepted  a  challenge,  or  in  any  manner  aided 
in  a  duel,  outside  of  the  limits  of  this  State. 

The  PRESIDENT.  This  inhibition  is  in  ad- 
dition to  that  of  the  preceding  section,  or  Sec- 
tion 2  of  the  article.  Section  2  provides  that 
every  man  elected  to  office  shall,  before  enter- 
ing upon  the  duties  of  such  office,  make  oath 
that  he  has  not  fought  a  duel,  sent  or  accepted 
a  challenge,  or  in  any  manner  aided  or  assisted 
in  a  duel  since  the  adoption  of  the  Constitu- 
tion, and  that  he  will  not  participate  in  any 
manner  in  a  duel,  during  his  continuance  ia 
office.    This  substitute  for  Section  3  goes  fur- 


668 


MISCELLANEOUS  PROVISIONS. 


[18th  day. 


Saturday,] 


FmzELL — DeLong — Dunne — Collins. 


[July  23. 


ther.  and  provides  that  no  man  who,  while  a  ■ 
citizen  of  this  State,  and  since  the  adoption  of  ! 
this  Constitution,  has  fought  or  aided  in  a  duel,  I 
either  within  or  without  the  State,  shall  hold  ! 
oflBee.  or  eujdy  the  right  of  sullVage.     I  do  not  j 
understand  that  either  section   exempts  a  per- 
son who  has  fought  a  duel  after  the  adoption 
of  the  Constitution  of  this  State.     Although  he 
may  have  been  a  citizen  of  another  State,  and 
fought  a  duel  in  another  State,  yet  tlie  form  of 
oath  in  Section  2  attaches  to  him,  applying  as 
well  to  one  class  as  the  other  ;  and  this  amend- ' 
ment  denies  the  right  of  sutt'rage,  as  well  as  j 
the  right  to  hold  otlice,  to  any  luan  who,  while 
a  citizen,  has  been  concerned  in  a  duel.     That; 
is  the  distinction.     The  amendment,  as  I  un- 
derstand, would  not  apply  to  a  man  who  may  i 
have  fought  a  duel  elsewhere,  while  a  citizen  j 
of  another  State,  and  who  subsequently  came 
here  and  became  a  citizen  of  Nevada,  whilst 
the  form  of  oath,  as  prescribed  in  Section  2, ' 
applies  to  all  who  may  have  been  concerned  in  , 
a  duel,  at  any  place,   subsequent  to  the  adop- , 
lion  of  this  Constitution,  and  would  operate  to 
prevent  them  from  entering  upon  the  duties  of 
any  office  to  which  thevmay  have  been  elected. 

Mr.  FRIZELL.  I  would  lilie  to  know  in 
what  (juarter  the  moon  is  ?  That  in(iulry  is  not 
made,  however,  in  order  to  imply  lunacy  on 
the  part  of  any  person  living,  but  it  applies  to 
myself.  I  have  always  been  a  little  supersti- 
tious at  times,  having  occasionally  indulged 
the  fancy  that  I  was  "  out  of  luck  " ;  and  I 
think  this  must  be  one  of  my  bad  days,  because 
I  believe  I  have  not  voted  for  a  thing  to-day 
that  has  been  carried.  Now  1  think  from  the 
remarks  that  have  been  made — 

The  PRESIDENT.  Does  the  gentleman  rise 
to  a  privileged  question  ? 

Mr.  DkLONG.  He  is  speaking  about  the 
moon  ;  that  must  be  in  order.     [Mrrriment.] 

Mr.  FRIZELL.  My  remarks  will  apply  to 
this  ameudm'.'nt.  I  say,  judging  from  the 
speeches  that  have  been  made,  from  all  the  sen- 
timents that  have  been  expressed  here  by  mem- 
bers, I  think,  sir,  that  I  am  "  gone  up  "  again. 
[Laughter.]  Sir,  what  has  heretofore  been 
c6mmendable,  as  far  back  as  we  cau  read  in 
history,  sacred  and  profane,  in  the  days  of 
Mosus.  and  in  the  days  of  the  greatest  glory  of 
ancient  Greece  — what  has  been  regarded  as 
commendable  in  men.  in  ail  ages,  and  anioug  all 
nations — it  is  proposed  tiiat  we  shall  place  "our 
seal  of  condemnation  upon. 

For  my  own  part,  I  profess  no  particular 
bravery,  but  I  do  say  that  gentlemen  are  at- 
tempting, by  this  proposition,  to  reach  some- 
tliing  thtit  cannot  be  reached.  The  men  who 
do  these  things  against  whicli  gentlemen  are 
aiming  to  legislate,  are  generally  in<'n  of  edu- 
catiou,  men  of  tiie  finest  and  nicest  sense  of 
honor,  and  of  right  and  wrong  ;  and  when  such 
a  man  has  been  insulted  until  he  can  bear  it 
no  longer,  and  makes  up  liis  mind  to  do  this 
thing,  to  light  a  duel,  to  talie  tiie  chances  of 
life  and  death — for  a  duel   is  necessarily  a  life 


and  death  struggle — when  a  man,  goaded  by 
insults  and  wrongs,  makes  up  his  mind  to  do 
that,  contrary  to  the  teachings  of  Christianity, 
contrary  to  the  lessons  inculcated  upon  his  in- 
fant mind  by  his  mother,  contrary,  I  am  wil- 
ling to  admit,  to  the  spirit  of  modern  civiliza- 
tion, do  you  suppose  that  any  laws  we  can 
pass,  or  anj'  j'rovisions  that  we  can  embody  in 
this  Constitution,  will  stop  him?  I  think  not. 
I  am  quite  sure  it  would  not  if  it  were  my  own 
case.  If  I  should  be  so  unfortunate  as  to  be 
compelled  to  fight  a  duel,  and  I  could  not  vote 
in  this  State  thereafter — I  would  not  mind  the 
other  deprivation,  but  the  right  of  suffrage,  the 
birthrigljt  of  an  American  freeman,  I  should 
regret  to  lose — in  that  case  I  should  have  to 
leave  the  State,  and  then  I  should  be  out  of 
luck  again.     [Laughter.] 

This  is  a  matter,  however,  for  the  good  sense 
of  members,  and  the  judgment  of  the  Conven- 
tion, and  whatever  way  it  shall  be  decided  by 
the  vote  of  the  Convention,  I  shall  try  to  be 
satisfied.  Nevertheless  I  think  I  am  out  of 
luck.     [Merriment.] 

Mr.  DUNNE.  I  am  in  favor  of  this  amend- 
ment, but  as  to  the  original  section,  or  the  sec- 
tion providing  for  this  oath,  I  desire  to  say, 
although  it  may  not  be  strictly  in  order  while 
the  amendment  is  pending,  that  I  think  it  is  a 
most  unjust  provision.  I  am  opposed  to  the 
incorporation  of  such  an  oatii  in  our  Constitu- 
tion, because  I  think  it  places  a  power  in  the 
j  hands  of  irresponsible  men — 

Mr.   COLLINS.      I   call   the   gentleman    to 

'  order.     He  is  discussing  the  preceding  section, 

I  while  the  only  question  is  upon  the  amendment 

!  of  the  gentleman  from  Humboldt  (Mr.  Banks) 

to  Section  3, 

I      Mr.  DUNNE.     Did  not  the  gentleman  from 
Storey  himself,  when  he  spoke  on  this  question, 
address  his  remarks  to  tlie  genjral  subject  of 
'  dueling? 

;  Mr,  COLLINS.  I  addressed  myself  to  the 
j  substitute. 

!  Mr.  DUNNE.  But  did  not  the  gentleman 
refer  to  the  subject  of  dueling  generally,  in  his 
remarks? 

Mr.  COLLINS.  I  confined  myself  entirely  to 
the  substitute,  sir. 

j  The  Piil'^SIDENT.  Tlie  gentleman  from 
'  IIuml)oldt  will  endeavor  to  confine  his  remarks 
\  to  tlie  question. 

Mr.  DUNNE.    I   say,   sir,   that   it   puts  the 
j  whole  life  of  a  man — his  political  rights,  and 
1  liis  standing  among  his  fellow-citizens  —  into 
j  tlie  hands  of  any  irresponible  man   whose  ser- 
vices may  be  b(juglit  for  that  purpose.     Does 
anyl)ody  suppose  that  when  a  man  is  willing  to 
'  risk  his  life  in  a  duel,  he  is  going  to  stand  l»ack 
,  for  the  reason  that  he  also  risks  an  office  which 
i  perhaps  he  never  would  get,  anyhow?    That  is 
,  an  aljsnrd  supposition.     And  the  effect  would 
1)C  to  place  all   the  advantage  in  the  hands  of 
irresponsible  men,  giving  those  who  are  law- 
abiding,  and  who  may  be  supposed  to  stand  in 
I  some  fear  of  the  peualties  imposed,  no  oppor- 


18th  day.] 


MISCELLANEOUS  PROVISIONS. 


669 


Saturday,] 


Proctor— DeLong—Brosnan—Hawley— Dunne — Parker. 


[July  23. 


tunlty  for  redress,  no  chance  to  justify  them- 
selves. If  you  sue  an  irresponsible  man  for 
libeling  your  cliaracter,  he  may  refer  you  to  a 
clause  which  we  have  already  adopted  in  Arti- 
cle I — the  Declaration  of  Rights — by  virtue  of 
which  he  may  laugh  at  you.  Those  who  are 
advocating  this  proposition  ought  to  take 
measures  to  add  to  the  clause  in  the  Bill  of 
Rights  declaring  that  there  shall  be  no  impris- 
ment  for  debt,  the  words  '•  except  in  cases  of 
libel  or  slander."  Then  the  party  whose  char- 
acter is  assailed  b}'  an  irresponsible  man  might 
have  some  show  for  justice,  and  then  such  men 
would  be  careful  about  attempting  to  destroy 
the  reputation  of  citizens,  when  they  would 
have  before  them  the  fear  of  imprisonment,  per- 
haps for  life.  But  my  great  objection  arises 
from  the  fact  that  duelists  can  be  hired  who 
stand  ready  to  fight  at  any  time,  and  in  that 
manner  the  reputation  of  auy  mao  in  the  Ter- 
ritory or  State  may  be  attacked.  For  that  rea- 
son I  am  opposed  to  the  proposition. 

Mr.  PROCTOR.  I  am  somewhat  like  ray 
friend  from  Storey  (Mr.  Frizall)  on  the  subject 
of  luck,  and  have  been  during  almost  the  wliole 
session  of  the  Coavention,  haviug  nearly  al- 
ways been  in  the  minority.  I  voted  against  the 
section  which  contains  tliis  oath  disfranchisiug 
a  mau  for  fighting  a  duel,  coaveying  or  accept- 
ing a  challenge,  or  any  thing  of  that  kind.  As 
to  this  amendment,  however.  I  do  not  under- 
stand exactly  what  it  means  ;  but  if  there  is 
any  possibility  of  getting  the  article  back  into 
the  Committee  of  the  Whole,  or  anywhere  else 
where  that  oath,  and  all  else  on  the  subject  can 
be  stricken  out,  I  hope  it  will  be  done.  I  think 
the  establishment  of  such  a  provision,  disfran- 
chising a  man  because  he  has  happened  to  take 
up  an  insult  offered  to  himself,  or  possibly  to 
some  member  of  his  family,  when  there  is  no 
other  way  of  reaching  and  punishing  the  of- 
fender, would  really  be  going  backward  instead 
of  forward  in  the  march  of  progress.  I  do  not 
understand  the  purport  of  the  amendment,  and 
in  order  that  I  may  understand  it,  I  ask  to  have 
it  read  again. 

The  PRESIDENT.  This  amendment  has 
been  read  several  times  already,  but  the  Secre- 
tary will  read  it  once  more,  and  the  Chair 
trusts  that  members  will  pay  attention,  in  order 
to  save  time. 

The  SECRETARY  again  read  the  amend- 
ment proposed  by  Mr.  Banks. 

Mr.  DeLONG.  Would  not  that  include  also 
one  who  might  carry  a  man  off'  the  field  after 
he  had  been  shot  in  a  duel,  and  the  surgeon 
who  should  bind  up  his  wounds?  Just  read 
that  last  clause  carefully.  It  says — •'  or  aided 
or  assisted  in  any  manner  those  thus  offend- 
ing." That  surely  cannot  be  the  intention. 
["Question!   Question!''] 

Mr.  BROSNAN.  I  shall  have  to  vote  against 
the  amendment. 

The  question  was  taken  by  yeas  and  nays 
on  the  motion  to  recommit  Section  3,  with  in- 
structions to  make  the  amendment  as  modified, 


and  the  vote  was — yeas,  14  ;  nays,  11 — as  fol- 
lows : 

rea«— Messrs.  Banks,  Belden,  Chapin,  Collins,  Cros- 
man,  Folsom,  Kinkead,  Lockwood,  Mason,  Murdock, 
Nourse,  Parker,  Warkwick,  and  Mr.  President— 14. 

A'a.V*'— Me.ssrs.  Brosuau,  Crawford,  DeLong,  Dunne, 
Frizell,  Gibson,  Hawley,  Kennedy,  Proctor,  TaKliabue, 
and  Wetherill— 11. 

So  the  section  was  recommitted,  with  instruc- 
tions to  amend,  as  proposed  by  Mr.  Banks. 

The  PRESIDENT  appointed  as  the  special 
committee  to  make  the  amendment,  Messrs. 
Banks.  Nourse,  and  Warwick. 

Mr.  IIAWLEY.  I  would  ask  leave  to  say 
one  or  two  words  in  explanation  of  my  vote. 

Mr.  DeLONG.  It  will  come  up  again  in  a 
moment,  on  the  committee's  report. 

Mr.  DUNNE.  Can  I  make  a  report  at  this 
time,  by  leave  of  the  Convention  ? 

The  PRESIDENT.  The  regular  order  is  the 
consideration  of  the  remaining  sections ;  the 
gentleman  can,  however,  make  his  report  by  a 
suspension  of  the  rules. 

THE   OATH. 

Mr.  PARKER.  Can  we  recommit  another 
section  at  this  time? 

The  PRESIDENT.  Certainly;  the  article 
has  all  been  read. 

Mr.  PARKER.  I  move  that  Section  2  of  this 
article  be  referred  to  a  special  committee,  with 
instructions  to  amend  the  section  by  in.serting 
after  the  word  "enter,"  in  the  last  line,  the 
words  •'  if  an  oath,"  in  parentheses ;  also,  by 
adding  after  the  words  "so  help  me  God,"  iu 
the  last  line,  "  if  an  affirmation,  under  the  pains 
and  penalties  of  perjury;"  the  words  "if  an 
affirmation  "  to  be  included  in  parentheses.  The 
last  clause  will  then  read  as  follows  : 
.    "And  further,  that  I  will  weU  and  faithfully  perform 

all  the  duties  of  the  office  of on  which  I'am  about 

to  enter,  (if  an  oath.)  so  help  me  God  ;  (if  an  afhrma- 
tion,)  imder  the  pains  and  penalties  of  perjury." 

Mr.  BROSNAN.  I  really  cannot  understand 
that  this  amendment  adds  any  force  or  increased 
effect  to  the  oath.  I  do  not  perceive  the  pur- 
pose of  the  amendment. 

Mr.  PARKER.  I  will  explain  my  intention. 
In  the  first  part  of  the  oath,  gentlemen  will 

observe,  the  language  is  "I, ,  do  solemnly 

swear  (or  affirm)  " — the  words  "  or  affirm  "  be- 
ing in  parentheses.  The  object  plainly  is  to 
provide  for  those  who  may  from  conscientious 
I  motives,  prefer  to  affirm,  rather  than  take  an 
[  oath.  But  at  the  end,  it  now  reads  "  so  help 
j  me  God"— and  that  is  no  affirmation,  but  aa 
^oath — and  a  "Friend"  could  not  take  or  sub- 
I  scribe  to  such  a  declaration.  It  is  not  an 
I  affirmation  if  a  man  is  compelled  to  say  at  the 
'end,  "so  help  me  God,"  and  the  object  of  my 
amendment  is  to  provide  for  an  affirmation.  If 
the  Convention  prefer  to  strike  out  the  words 
"or  affirm"  in  the  beginning  of  the  oath,  I 
shall  not  object,  but  if  we  undertake  to  make 
provision  for  those  who  choose  to  affirm,  let  us 
do  so. 
Mr.    BROSNAN.      Those    who    are    called 


670 


MISCELLANEOUS  PROVISIONS. 


[18th  day. 


Saturday,] 


Pajbker— Brosxan — Banks — DeLong — Noukse — Collins. 


[July  23. 


"  Friends,'-'    are   not   the    only   persons   who 
afiBrm. 

Mr.  PARKER.  I  am  aware  of  that.  I  only 
mentioned  a  '•  Friend  ''  for  the  sake  of  an  illus- 
tration. 

Mr.  BROSNAN.  I  understand  that  this  is 
framed  in  the  usual  way,  either  for  an  oath  or 
affirmation  ;  it  siitiply  requires  the  party  to  ex- 
press his  reliance  upon  Omnipotence— upon  the 
Creator.  The  gentleman's  amendment  does  not, 
in  my  judgment,  read  handsomely,  and  it  gives 
no  greater  force  to  the  section. 

The  question  was  taken  on  the  motion  to  re-  \ 
commit  Section  2,  with  instructions,  and  it  was  j 
not  agreed  to. 

DUELING — AGAIN. 

Mr.  BANKS,  from  the  special  committee,  to 
which  was  recommitted  Section  3,  presented 
the  following  report : 

Mr.  President — Your  special  committee,  to  which 
•was  recommitttd  Section  3  of  Article  XVI,  with  in- 
structions to  amend  the  same,  beg  leave  to  rejiort  the 
section  back,  amended  according  to  the  insti-uctions  of 
the  Convention. 

Your  committee  also  recommend  that  the  words 
"those  thus  olfending"  be  stricken  out  of  the  substi- 
tute, and  the  words  "in  fighting  a  duel"  inserted  in- 
stead, so  that  the  clause  will  read  : 

"Or  who  has  acted  as  second,  or  knowingly  conveyed 
a  challenge,  or  aided  or  assisted  in  any  manner  in 
fighting  a  duel,"  etc. 

Mr.  DeLONG.  That  report  is  contrary  to 
the  instructions  of  the  Convention. 

Mr.  BANKS.  We  report  it  back  amended  in 
accordance  with  the  instructions,  and  we  take 
the  liberty  of  making  that  suggestion,  in  ad- 
dition. 

Mr.  NOURSfi.  I  will  move  that  the  report 
of  the  committee  be  amended  in  that  way. 

Mr.  DkLONG.  I  understand  that  the  only 
question  is  on  the  adoption  of  the  origioal 
amendment,  as  it  was  referred  to  the  special 
committje. 

Mr.  NOURSE.     No,  sir. 

Mr.  DkLONG.     I  ask  the  Chair. 

Mr.  BANKS.  Now,  sir,  I  have  no  particular 
objection  to  a  factious  parliani'jntary  fight,  if 
the  gentleman  from  Storey  desires  it.  and  I  in- 
tend to  confine  myself  within  parliamentary 
rules.  I  will  therefore  ask  that  the  section,  as 
amended  and  reported  by  the  committee,  b? 
adopted,  and  thjn,  to  cover  the  gentleman's 
quibble.  I  shall  move  to  recommit  the  section, 
with  instructions  to  make  this  further  amend- 
ment. 

The  PRESIDENT.  Tlie  question  is  on  ac- 
cepting the  report. 

Mr.  DeLONG.  I  insist  that  there  is  no  such 
thing  as  accepting  the  report  of  the  committee 
at  this  time.  The  committee  simply  makes  its 
report,  and  the  report  goes  on  file.  The  only 
disposition  that  can  now  be  made  of  the  report 
is  to  place  it  on  tiie  general  file. 

The  PRESIDENT.  The  only  question  now 
is  on  the  acceptance  of  the  report,  and  tlie  dis- 
charge of  tiie  committee.  Tiie  committee  was 
appointed  for  a  special  purpose,  and  if  the 


committee  has  not  discharged  its  duty,  the  gen- 
tleman can  vote  against  the  acceptance  of  the 
report. 

Mr.  DeLONG.  Is  it  to  be  accepted  before  it 
goes  on  the  general  file? 

The  PRESIDENT.  Undoubtedly  so.  _  The 
only  question  which  can  be  considered  is  the 
acc'ptance  of  the  report. 

Mr.  DeLONG.  I  make  this  point  of  order, 
that  under  the  rules  when  a  matter  is  reported 
from  a  committee  it  goes  on  the  general  file, 
and  then  it  comes  up  in  the  regular  order  of 
Ijusiness,  without  any  motion.  The  acceptance 
of  the  report  is  when  it  is  handed  in.  and  then 
it  goes  to  the  general  file  under  the  rules ;  when 
it  comes  up  again  in  its  order,  the  que.stion  is 
not  on  accepting  the  report,  but  on  its  adop- 
tion. I  do  not  now  raise  an  objection  to  the 
acceptance  of  the  report. 

Alter  some  discussion  in  regard  to  the  exact 
condition  of  the  report,  and  the  question  pend- 
ing, 

The  PRESIDENT  overruled  the  point  of  or- 
der, and  decided  that  the  report  could  not  go 
on  the  general  file,  but  must  now  be  considered 
and  acted  upon,  because  of  the  subject  matter 
of  the  report  being  a  component  part  of  the  ar- 
ticle under  consideration,  and  now  on  its  final 
passage. 

Mr.  DeLONG  appealed  from  the  decision  of 
the  Chair. 

After  a  brief  discussion, 

The  question  was  taken — "  Shall  the  decision 
of  the  Chair  stand  as  the  judgment  of  the  Con- 
vention?"— and  was  decided  in  the  affirmative. 
So  the  decision  was  sustained. 

Mr.  BANKS.  Now.  in  order  to  cover  this 
difficulty,  which  I  consider  purely  technical, 
and  to  avoid  any  further  points  of  order.  I 
move  that  Section  3  be  referred  to  a  special 
committee  of  one,  to  consist  of  the  gentleman 
from  Storey,  (Mr.  Collins,)  with  instructions  to 
further  auund  the  section  by  striking  out  the 
words  "those  thus  offending."  and  inserting  in- 
stead the  words  "  in  fighting  a  duel  ;''  and  that 
he  be  instructed  to  report  immediately. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Mr.  COLLINS  reported  back  the  section 
amended,  according  to  instructions,  so  as  to 
read  as  follows : 

Sec.  3.  No  person  shall  be  eligible  to  any  office  who 
is  not  a  quahfied  elector  under  this  Constitution.  No 
l)irson  who,  while  a  citizen  of  this  Stuto,  has,  since 
the  adoption  of  this  Constitution,  foU;,'lit  a  duel  with 
a  deadly  weapon,  sent  or  accepted  a  chalUugc  to  tight 
a  duel  with  a  deadly  weapon,  either  within  or  beyond 
the  boundaries  of  this  State,  or  who  has  acted  as  sec- 
ond, or  knowingly  conveyed  a  chalkiige,  or  aided  or 
assisted  in  any  manner  in  fighting  a  duel,  shall  be  al- 
lowrd  to  hold  any  office  of  honor,  profit,  or  trust,  or 
i-Djoy  the  right  of  suffrage  under  this  Constitution. 
Till!  Legislature  shall  provide  by  law  for  giving  force 
and  ett'ect  to  this  section. 

No  ol)ieetion  being  made,  the  report  was  re- 
ceived and  the  committee  discharged. 

The  PRESIDENT.  The  question  is  on  the 
final  passage  of  the  article,  as  amended. 


18th  day.] 


MISCELLANEOUS  PROVISIONS. 


671 


Saturday,] 


Parker — DeLoxg — Dunne — Banks — Frizbll — Johnson. 


[July  23. 


THE    OATH — AGAIN. 

Mr.  PARKER.  I  move  to  recommit  Section 
2,  of  this  article,  with  instructions  to  amend, 
by  strilving  out,  in  the  first  line  of  the  oath,  the 
word  "  or  "  and  the  parentheses,  aud  inserting, 
instead  of  "  or,"  the  word  "  and." 

Mr.  DeLONG.  Then  they  would  solemnly 
swear  and  aflQrm.     [Merriment.] 

Mr.  PARKER.  The  gentleman  from  Storey 
is  amused,  but  he  is  not  a  clergyman,  if  he  is  a 
lawyer.  Now,  sir,  we  have  that  language 
in  other  State  Constitutions,  as,  for  example, 
in  tlie  State  of  Massachusetts,  where  the  form 
prescribed  is,  "  I,  A  B,  do  solemnly  swear, 
and  affirm,"  the  latter  words  being  an  aver- 
ment following,  and  in  addition  to  "  1  do 
solemnly  swear."  I  had  proposed  to  leave 
this  portion  of  the  oath  unchanged,  and 
amend  the  concluding  portion  so  as  to  read, 
"  (if  an  oath)  so  help  me  God  ;  (if  an  affirma- 
tion) under  the  pains  and  penalties  of  perjury." 
The  Convention  has  refused,  however,  to  make 
that  change,  aud  I  now  otter  this  amendment, 
so  that  the  first  part  of  the  oath  may  harmo- 
nize; with  the  latter  part. 

Mr.  UeLONG.  The  idea,  I  understand,  is, 
that  if  a  man  desires  to  make  an  affirmation, 
we  shall  require  him,  by  this  amendment,  to 
swear,  and  affirm,  both. 

Mr.  PARKER.  I  only  want  it  to  harmonize, 
the  Convention  having  refused  to  amend  the 
latter  portion  so  as  to  permit  an  affirmation. 

The  question  was  taken  on  Mr.  Parker's  mo- 
tion, and  it  was  not  agreed  to. 

DUELING — AGAIN. 

Mr.  DUNNE.  I  desire  to  call  attention  to 
what"  appears  to  me  a  discrepancy  between  the 
section  just  adopted  and  this  form  of  oath. 
Under  Section  3,  a  man  may  be  elected  to  of- 
fice who  has  fought  a  duel  while  a  resident  of 
another  State ;  but  if  he  is  elected,  before  en- 
tering upon  the  duties  of  his  office,  he  is  oblig- 
ed to  swear  he  has  not  fought  a  duel  •'  since  the 
adoption  of  the  Constitution  of   the  State  of 

The  PRESIDENT.  The  Chair  suggested  this 
apparent  contradiction  sometime  since. 

Mr.  BANKS.  lean  see  no  inconsistency.  If 
the  oath  does  go  further  than  the  provision  in 
Section  3,  it  seems  to  me  it  can  do  no  harm. 
At  all  events,  no  person  will  be  likely  to  take 
office,  or  hold  office,  if  he  has  fought  a  duel. 

Mr.  FRIZ  ELL.  I  think  it  is  exactly  right, 
as  it  is,  in  that  respect.  I  do  not  wish  to  give 
a  non-resident  any  advantage  over  me.  If  men 
go  to  fighting  duels  in  other  States,  and  then 
come  here,  I  do  not  want  to  allow  them  to  hold 
office,  while  I,  living  here,  may  be  disqualified 
for  the  same  cause. 

Mr.  DUNNE.  I  will  make  a  motion  that  Sec- 
tion 2  be  referred  to  a  select  committee  of 
three,  to  consist  of  Messrs.  Banks,  Nourse,  and 
Warwick,  with  instructions  to  amend  the  sec- 
tion so  as  to  make  it  conform  to  the  language 
in  Section  3. 


The  PRESIDENT.  The  gentleman's  instruc- 
tions are  too  indefinite  ;  he  will  please  to  re- 
duce the  instructions  he  proposes  to  writing. 

Mr.  DUNNE.  I  will  do  so.  I  move  to  re- 
commit Section  2,  with  instructions  to  amend 
by  inserting,  between  the  words  "  not "  and 
"  fought  a  duel,"  the  words,  "  while  a  resident 
of  the  State  of  Nevada."     Then  it  will  read  : 

"And  I  do  further  solemnly  swear  (or  affirm)  that  I 
have  uot,  while  a  resident  of  the  State  of  Nevada, 
fought  a  duel,  nor  sent  or  aeoepted  a  challenge,"  etc. 

[Mr.  Warwick  in  the  chair.] 

Mr.  JOHNSON.  I  hope  that  amendment  will 
not  be  adopted.  The  difficulty  is  not  in  Sec- 
tion 2,  but  in  Section  3  ;  and  in  my  judgment 
the  former  is  right,  whilst  the  latter  is  wrong. 
Section  3,  as  amended,  makes  an  obvious,  and, 
as  I  regard  it,  an  unjust  discrimination  between 
those  who  may  have  been  engaged  in  duels 
without  the  Slate,  and  those  who  may  have  of- 
fended in  that  manner  within  the  State.  The 
oath  in  Section  2  would  have  the  effect  of  pre- 
cluding every  man  from  holding  office  who 
shall  have  been  concerned  in  a  duel,  here  or 
elsewhere,  .subsequent  to  the  adoption  of  the 
Constitution  ;  whilst  Section  3,  as  amended  by 
the  gentleman  from  Humboldt,  (Mr.  Banks,) 
prohibits  any  person  from  either  voting  or  hold- 
ing office  who  "  while  a  citizen  of  this  State," 
and  suljsequent  to  the  adoption  of  the  Consti- 
tution, shall  have  taken  part  in  a  duel,  either 
within  or  beyond  the  boundaries  of  the  State. 

The  only  inharmony  I  can  discover  between 
the  two  sections,  is  that  occasioned  by  the  in- 
corporation, in  the  amendment  of  the  gentle- 
man from  Humboldt,  of  the  words  "  while  a 
citizen  of  this  State."  Here  is  the  only  trouble, 
aud  for  my  part  I  do  not  think  it  is  just  or 
proper  to  place  an  inhibition  upon  those  of 
our  own  citizens  who  may  have  offended  in  this 
particlar,  when  we  virtually  invite  duelists 
from  abroad  to  come  here  and  enjoy  the  priv- 
ileges denied  to  our  own  citizens.  If  we  strike 
out  of  Section  3  the  words  "while  a  citizen 
of  this  State,"  it  will  be  entirely  in  consonance 
with  the  oath  prescribed  in  Section  2. 

But  the  amendment  now  proposed  would 
make  the  same  unfair  discrimination  in  Section 
2.  That  is  to  say,  it  proposes  to  take  a  step 
backward.  I  prefer  to  retain  the  jjresent  form 
of  language  in  Section  2,  so  that  if  duelists 
from  other  States  are  not  disfranchised  by  the 
direct  provisions  of  Section  3,  they  will  at 
least  be  excluded  from  holding  office  by  the  re- 
quirements of  the  oath  of  office.  I  do  not  pro- 
pose to  take  any  backward  step.  I  desire,  as 
does  the  gentleman  from  Storey,  (Mr.  Frizell,) 
that  those  who  come  from  without  the  State,  if 
they  have  been  duelists,  shall  be  subject  to  the 
same  disabilities  as  our  own  citizens,  because 
I  do  not  see  the  justice  of  permitting  men  who 
have  fought  duels  in  California  or  other  States, 
subsequent  to  the  date  of  the  adoption  of  our 
Constitution  to  remove  here  and  exercise  rights 
and  enjoy  privileges  which  are  denied  to 
citizens  of  Nevada  who   may  have   done   the 


672 


MISCELLANEOUS  PROVISIONS. 


[18th  day. 


Saturday,] 


NouRSE— Johnson — Banks — DeLong — Collins. 


[July  23. 


same  thing.  I  would  much  rather  take  thej 
chances,  under  the  section  as  it  stands,  of  ex- 
cluding those  men  from  office  by  means  of  the 
form  of  the  oath,  than  to  amend  it  as  now  pro- 
posed by  the  gentleman  from  Humboldt,  (Mr. 
Dunne,)  and  thus  make  a  direct  discrimination 
against  our  own  citizens. 

Mr.  NOURSE.  I  do  not  know  that  I  have 
any  objection  to  the  oath  as  It  is,  for  I  do  not 
care  if  it  does  go  a  little  beyond  the  provisions 
contained  in  the  other  section  ;  but  I  do  not 
quite  agree  with  the  gentleman  from  Ormsby, 
(Mr.  Johnson,)  as  to  where  the  trouble  is,  if 
there  be  any.  I  suppose  the  reason  why  these 
words  were  inserted  in  Section  3.  is  that  a  per- 
son fighting  a  duel  in  this  State,  necessarily 
does  so  knowing  what  are  the  provisions  of  the 
Constitution,  and  that  he  is  doing  something 
in  direct  violation  of  those  provisions,  and  for 
that  reason  he  may  properly  be  excluded; 
while  if  a  person  tights  a  duel  elsewhere,  it  i.s 
a  matter  over  which  this  State  has  no  control, 
and  to  say  that  when  a  man  comes  here  he  shall 
not  be  allowed  to  vote  or  to  hold  office  if  he  has 
fought  a  duel  in  some  other  country,  where  per- 
chance there  may  possibly  have  been  at  the 
time  no  law  against  dueling,  and  the  practice 
may  have  been  considered  perfectly  allowable, 
it  seems  to  me  would  be  rather  of  the  nature  of 
■pasf^'mg  an  ex  post  facto  law .  We  mean  this  in- 
hibition to  apply  only  to  those  who  have  fought 
duels  in  opposition  to  or  in  violation  of  the 
provisons  of  our  Constitution,  and  living  in 
another  State  they  could  not  be  expected  to 
know  what  those  provisions  were.  Further 
than  that.  I  am  not,  for  my  part,  prepared  to  go. 

Mr.  JOHNSON.  I  do  not  favor  any  ex  post 
facto  provision,  but  I  do  propose  that  vvhen 
we  adopt  a  State  Constitution,  and  become  our- 
selves bound  by  its  provisions,  it  shall  be  appli- 
cable also  to  those  who  may  hereafter  come 
to  live  amongst  us  ;  not  that  it  shall  apply  to 
those  who  are  out  of  the  State,  whilst  they  re- 
main out,  but  when  they  shall  remove  here  they 
are,  and  properly  should  be,  subject  to  all  the 
provisions  of  our  Constitution.  I  do  not  pro- 
pose to  make  any  distinction  between  the  duel- 
ists of  other  States  and  those  of  Nevada.  If  it  be 
wrong  or  objectionable  to  apply  the  rule  to  one 
class,  it  is  equally  wrong  and  objectionable  to 
apply  it  to  another  ;  and  if  it  be  in  conflict 
with  the  public  sentiment  of  this  State  to  per- 
mit the  duelist  to  hold  office,  it  makes  no  dif- 
ference whatever  whether  he  has  violated  the 
theory  of  our  law  or  Constitution  on  that  sub- 
ject, here  or  elsewhere. 

Mr.  BANKS.  Section  3  was  introduced  with 
a  full  knowledge  of  what  it  contained,  and  I 
think  it  was  voted  for  with  a  like  full  and  com- 
plete understanding  on  the  part  of  the  Con- 
vention. Now  what  is  proposed  by  these  pro- 
visions in  both  sections?  In  the  first  place, 
nobody  can  hold  office,  because  nobody  can  take 
the  oath  of  office  if  he  has  fought  a  duel  any- 
where, since  the  adoption  of  the  Constitution. 
Then,  in  Section  3  it  is  provided,  I  think  clear- 


ly, that  any  person  who  has  fought  a  duel, 
being  a  citizen  of  this  State,  shall  bo  deprived 
not  only  of  the  right  to  hold  office,  i)ut  of  the 
right  to  vote.  The  oath  absolutely  prohibits 
from  holding  office  any  person  who  has  fought 
a  duel  anywhere  since  the  adoption  of  the  Con- 
stitution ;  and  Section  3,  going  a  little  further, 
prescribes  a  penalty,  so  far  as  persons  fighting  a 
duel  while  living  in  Nevada  are  concerned. 
They  are  prohibited  from  either  voting  or  hold- 
ing office.  I  will  say,  however,  that  if  gentle- 
men desire  to  amend  Section  3,  so  as  to  apply 
to  those  who  shall  have  been  concerned  in 
duels  before  they  became  citizens,  I  am  willing 
to  go  even  as  far  as  that,  but  I  shall  certainly 
vote  against  this  amendment  proposed  by  my 
colleague. 

Mr.  DeLONG.  I  am  surprised  at  the  degree 
of  conscientious  regard  manifested  by  the  gen- 
tleman from  Washoe  (Mr.  Nourso)  for  the 
amendment  made  by  the  gentleman  from  Hum- 
boldt (Mr.  Banks.)  He  votes  for  the  oath  in 
Suction  2  with  great  pleasure,  and  yet  that  is 
already  subject  to  the  same  objection  which  he 
thinks  might  be  made  to  Section  3,  if  amend- 
ed according  to  the  suggestion  of  the  gen- 
tleman from  Ormsby  (.Mr.  Johnson.)  While 
it  is  not  strictly  an  ex  post  facto  law,  yet  it  is 
something  very  much  like  the  edicts  of  that 
Roman  Emperor,  who  caused  the  laws  to  be 
written  in  small  characters,  and  posted  upon 
high  columns,  so  that  nobody  could  read  them. 
It  punishes  a  man  for  having  done  an  act,  with- 
out any  intention  in  the  world  to  disobey  our 
laws.  If  a  man  has  fought  a  duel  in  some 
other  country,  where  no  such  penalty  attaches, 
when  he  comes  here  he  finds  that  his  having 
done  that  not  only  disqualifies  him  for  holding 
any  official  position,  but  also  deprives  him  of 
the  right  of  suffrage. 

Now  I  think  I  am  about  in  the  condition  of 
my  friend  and  colleague  (Mr.  Frizell)  in  re- 
gard to  bad  luck.  The  moon  is  about  in  its 
last  quarter,  and  I  suppose  "  that 's  what 's  the 
matter."  [Merriment.]  At  any  rate,  there 
must  be  something  wrong.  Nevertheless,  I  in- 
sist, if  men  must  be  disfranchised  and  debarred 
from  holding  office  for  the  offense  of  fighting  a 
duel,  they  should  at  least  have  the  right  to  know 
what  the  laws  are,  before  they  are  considered 
as  having  ottended  against  them  ;  and  there- 
fore I  ask  that  the  penalty  shall  not  be  made 
to  apply  to  those  who  may  have  fought  duels 
before  they  came  to  this  State — in  some  coun- 
try, perhaps,  where  it  is  not  looked  upon  at  all 
as  a  crime.  I  think  that  is  carrying  the  pro- 
vision a  little  too  far. 

Mr.  COLLINS.  It  would  be  difficult  to  find 
a  man  who  has  come  here  from  any  State  in  the 
Union,  who  does  not  know  that  it  is  against 
the  law  to  fight  a  duel.  There  are  laws  against 
dueling,  I  believe,  in  every  one  of  the  United 
States,  and  in  European  countries,  also. 

Mr.  DeLONG.  I  think  you  will  find  a  great 
many  who  have  come  here  ignorant  of  the  law 
to  a  certain  extent,  if  not  altogether. 


18th  day.] 


SCHEDULE. 


673 


Saturday,] 


Johnson — DeLong — Hawley — Dunne. 


[July  23. 


Mr.  JOHNSON.     We  do  not  desire  men  of 

that  class  to  hold  ofificc. 

Mr.  DkLONG.    a  great  many  of  them  do. 

The  question  was  taJien  on  the  motion  of  Mr. 
Dunne,  to  recommit  Section  2  with  instructions, 
and  upon  a  division  the  vote  was — ayes,  10  ; 
noes,  11.    So  the  motion  was  not  agreed  to. 

The  question  was  taken  by  yeas  and  nays  on 
the  final  passage  of  the  article,  as  read,  and 
subsequently  amended,  and  the  vote  was— 
yeas,  IG  ;  nays,  8 — as  follows  : 

Yeas — Messrs.  Banks,  Beldeu,  Chapin,  Collins,  Cros- 
man,  DeLong,  Folsom,  Hawley,  Kiukead,  Lockwootl, 
Masou,  Miirdock,  Noiu-se,  Warwick,  Wetherill,  and  Mr. 
President— IG. 

Nays — Jlessrs.  Brosnan,  Crawford,  Dunne,  Frlzell, 
Gibson,  Kennedy,  Proctor,   and  Tagliabue — 8. 

So  the  article  was  passed. 

During  the  voting — 

Mr.  JOPINSON.  I  will  state  this,  by  the  way 
of  brietiy  explaining  my  vote,  in  order  that 
it  may  appear  consistent  on  the  record.  I 
regret  that  we  should  have  an  apparent  contra- 
diction in  our  Constitution,  for  its  harmony  is 
marred  thereby.  I  think  that  Section  3  should 
go  further  thaa  it  does,  and  I  protest  against 
what  seems  to  me  to  be  an  unjust  discrimina- 
tion between  those  who  may  have  been  parties 
to  duels  outside  of  the  State,  and  those  who 
may  have  ottended  in  the  same  way  within  the 
State,  after  the  adoption  of  the  Constitution. 
Nevertheless,  being  in  favor  of  the  general 
principle  of  prohibiting,  as  far  as  possible,  the 
practice?   of  dueling,  1  vote  aye. 

Mr.  HAWLEY.  I  have  voted  "no,"  simply 
because  the  difficulty  which  was  suggested  by 
the  gentleman  from  Storey.  (Mr.  DeLong,)  had 
also  suggested  itself  to  my  own  mind.  But 
because  1  am  opposed  to  dueling,  and  believing 
that  a  fair,  although  a  very  strict  construction 
of  the  instrument  will  not  subject  to  the  pre- 
scril>ed  penalties  the  surgeon  who  performs  the 
duties  of  humanity  for  a  man  wounded  in  a 
duel,  or  the  friend  who  bears  a  wounded  man 
from  the  field.  I  shall  change  my  vote  to  "  aye." 

Mr.  DeLONG.  I  change  my  vote  from  "  no  " 
to  '•  aye,"  with  a  view  to  moving  a  reconsider- 
ation. 

The  result  of  the  vote  having  been  announced, 
as  above  stated — ■ 

Mr.  DeLONG.  I  give  notice,  that  on  our 
next  day  of  ses.sion,  I  will  move  to  reconsider 
the  vote  by  which  this  article  was  passed. 

The  PRESIDENT.  The  Secretary  will  make 
a  note  of  the  gentleman's  notice,  and  the  arti- 
cle as  passed,  will  be  referred  to  the  Committee 
on  Phraseology. 

THE  schedule. 

Mr.  DUNNE,  from  the  Committee  on  Sched- 
ule, submitted  the  following  additional  report : 

Mu.  Pkesidemt — Your  Committee  on  Schedule  re- 
Bpectlully  report  the  foUoxNTng  additional  sections  as 
the  balance  of  the  article  entitled  Schedule : 

Sec.  7.  The  term  of  State  officers,  except  jvidicial, 
elected  at  the  first  election  under  this  Constitution, 
shall  continue  until  the  Tuesday  after  the  first  Monday 

A  17 


in  January,  A.  D.  18G7,  and  until  the  election  and  quali- 
fication of  their  successors. 

Sec.  8.  The  Senators  to  be  elected  at  the  first  elec- 
tion under  this  Constitution  shall  draw  lots,  so  that 
the  term  of  one-half  thereof,  as  near  as  may  be,  shall 
expire  on  the  day  succeeding  the  general  election  in  A. 
D.  18GG,  and  the  term  of  the  other  half  shall  expire  on 
the  day  succeeding  the  general  election  in  A.  D.  1868  ;. 
provuhd,  that  in  drawing  lots  for  all  Senatorial  terms,' 
the  Senatorial  renn  scntation  shall  he  allotted  so  that 
in  the  counties  having  two  or  more  Senators  the  terms 
thereof  shall  be  divided,  as  near  as  may  be,  between 
the  long  and  short  terms. 

Sec.  9.  At  the  general  election  in  A.  D.  186G,  and 
thereafter,  the  term  of  Senators  shall  be  for  four  years 
from  the  day  succeeding  such  general  election,  and 
members  of  Assembly  for  two  years  from  the  day  suc- 
ceeding such  general  election,  and  the  terms  of  Sena- 
tors shall  be  allotted  by  the  Legislature  in  long  and 
short  terms,  as  hereinbefore  provided,  so  that  one-half 
thereof,  as  nearly  as  may  be,  shall  be  elected  every  two 
years. 

Sec.  10.  The  term  of  members  of  the  Assembly 
elected  at  the  first  election  under  this  Constitution, 
shall  expire  on  the  day  succeeding  the  general  election 
in  A.  D.  18G5,  and  the  terms  of  those  elected  at  the 
general  election  A.  D.  186.5,  shall  expire  on  the  day  suc- 
ceeding the  general  election  A.  D.  18G6. 

Sec.  11.  The  first  regular  session  of  the  Legislature 
shall  commence  on  the  second  Monday  of  December, 
A.  D.  18G4,  and  the  second  regular  session  of  the  same 
shall  commence  on  the  first  JMonday  of  .January,  A.  D. 
1866,  and  the  third  regular  session  of  the  Legislature 
shall  be  the  first  of  the  biennial  sessions,  and  shall 
commence  on  the  first  Monday  of  January,  A.  D.  1867, 
and  the  regular  sessions  of  the  Legislature  shall  be 
held  thereafter  biennially. 

Sec.  12.  All  county  officers,  under  the  laws  of  the 
Territory  of  Nevada  at  the  time  when  this  Constitution 
shall  take  effect,  (except  Probate  Judges,)  whose  offices 
are  not  inconsistent  with  the  provi.sious  of  this  Consti- 
tution, shall  continue  in  office  until  the  first  Monday 
of  January,  A.  D.  18G7,  and  until  tlieir  successors  shall  be 
elected  and  qualified.  .And  all  township  officers  shall 
continue  in  office  imtil  the  expiration  of  their  terms  of 
office,  and  until  their  successors  are  elected  and  qual- 
ified. 

Sec.  13.  At  the  first  regular  session  of  the  Legisla- 
ture, to  convene  under  the  requirements  of  this  Con- 
stitution, provision  shall  be  made  by  law  for  the  pay- 
ment of  the  publication  of  six  hundred  copies  of  the 
proceedings  of  this  Convention,  in  book  form,  to  be 
disposed  of  as  the  Legislature  may  direct ;  aud  the 
Hon.  J.  Neely  Johnson,  President  of  this  Convention, 
shall  contract  for,  and  A.  J.  Marsh,  official  reporter  of 
this  Convention,  under  the  direction  of  the  President, 
shall  supervise  the  publication  of  s\ich  proceedings. 
Provision  shall  be  made  by  law,  at  such  first  session  of 
the  Legislature,  for  the  compensation  of  the  Official 
Reporter  of  this  Convention,  and  he  shall  be  paid  in 
coin,  or  its  equivalent.  He  shall  receive  for  his  ser- 
vices, in  reporting  the  debates  and  jirocesdings,  fifteen 
dollars  per  day  during  the  session  of  tlic  Convention, 
and  seven  and  one-half  dollars  additional  for  each 
evening  session,  and  thirty  cents  per  folio  of  one  hun- 
dred words  for  preparing  the  same  for  pubhcatiou  ; 
and  for  supervising  aud  indexing  such  publication, 
the  sum  of  fifteen  dollars  jier  day  during  the  time 
actually  engaged  in  such  service. 

Sec.  14.  The  Governor,  Secretary,  Treasurer,  and 
Superintendent  of  Public  Instruction  of  the  Territory 
of  Nevada,  shall  each  continue  to  discharge  the  duties 
of  their  resjiective  offices  after  the  admi.ssion  of  this 
State  into  the  Union,  and  imtil  the  time  designated  for 
the  qualification  of  the  above  named  officers  to  be 
elected  under  the  State  Government  ;  and  the  Terri- 
torial Auditor  shall  continue  to  discharge  the  duties  of 
his  said  office  until  the  time  appointed  for  the  qualifi- 
cation of  the  State  Controller  ;  provided,  that  said 
officers  shall  each  receive  the  salaries  and  be  subject  to 
the  restrictions  and  conditions  as  provided  in  this  Con- 
stitution ;  and  provided  further,  that  none  of  them 
shall  receive  to  his  own  use  any  fees  or  perquisites  for 
the  performance  of  any  duty  connected  with  his  office. 


674 


JUDICIAL  DEPARTMENT. 


[18tli  day. 


Saturday,] 


Kknxedy—Brosnan—DeLon-g— Banks— NouRSE— Johnson. 


[July  23. 


Sec  15  The  Governor,  Lieutenant-Governor,  Secre- 
tary of  State.  State  Treasurer,  SUte  Controller,  Attor- 
nev-G.'Ucral.  Survevor-Genei-al.  Clerk  of  the  Supreme 
Court  ana  Suporinteuclent  of  Public  Instruction,  to  be 
elected  at  the  first  election  under  this  Constitution, 
shall  each  be  qualitied  and  enter  upon  the  duties  ol 
their  respective  offices  on  the  first  Monday  ot  Decem- 
ber succeeding  their  election,  and  shall  continue  in 
office  until  the  first  Tiusday  after  the  first  ilouday  ol 
January,  1807.  and  untU  the  election  and  quahficatiou 
of  their  successors  resijectively.  ^   ^.  ^  ■  ^ 

Sec.  llj.  The  .Judj^'es  of  the  Supreme  Court,  District 
Judges,  and  County  Judges,  provided  to  be  elected  at 
the  first  election  under  this  Constitution,  shall  be 
quaUfied  and  enter  upon  the  duties  of  their  respective 
offices  ou  the  first  ilouday  of  December  succeeding 
their  election.  ^    ,    „  , 

Sec.  17.  The  terms  of  the  Supreme  Court  shall  be 
held  at  the  seat  of  government  of  the  State,  and  the 
terms  of  the  District  Courts  and  County  Courts  re- 
spectively, shall  be  held  at  the  county  seats  of  such 
counties '  respectively  ;  and  untU  provision  shall  be 
made  by  law.  the  terms  of  the  Supreme  Court  shall  be 
held  at  such  times  as  a  majority  of  the  judges  of  said 
court  mav  appoint.  The  first  term  of  the  District 
Court  in  each  coimty,  and  the  County  Court  in  Storey 
County,  shall  commence  on  the  first  Monday  of  Decem- 
ber, 1804.  The  Legislature  sliall  provide  by  law  for 
the  time  of  holding  the  terms  of  the  Supreme,  District, 
and  Countv  Courts. 

All  of  which  is  respectfully  submitted. 

Dunne,  Chairman  pco  tern. 

The  report  was  accepted,  and  the  sections 
reported  were  referred  to  the  Committee  of  the 
Whole. 

Mr.  KENNEDY.  I  move  that  the  Conven- 
tion now  resolve  itself  into  Committee  of  the 
Whole,  for  the  consideration  of  the  remainder 
of  the  Schedule. 

JUDICIAL   DEPARTMENT. 

The  PRESIDENT.  I  think  it  would  be  bet- 
ter to  vary  the  motion  somewhat,  so  as  to  go  into 
Committee  of  the  Whole  on  the  article  on  Ju- 
dicial Department.  It  is  important  to  place 
that  article  in  the  hands  of  the  Enrolling  Com- 
mittee as  early  as  possilile. 

Mr.  KENNEDY.  Very  well  ;  If  that  is  the 
desire  of  the  Convention,  I  will  move  that  we 
go  into  Committee  of  the  Whole  on  Article 
"VI,  entitled  Judicial  Department. 

Mr.  BROSNAN.  I  will  suggest  that,  un- 
less we  can  get  through  with  botli  of  these  ar- 
ticles this  evening,  it  would  perhaps  be  better. 
and  certainly  it  would  give  more  .satisfaction 
to  the  Storey  County  delegation,  to  defer  the 
article  on  the  Judicial  Department  until  Mon- 
day. Some  of  the  members  from  that  county 
who  are  not  here  now  will  probably  be  down 
on  Monday,  and  they  would  like  to  participate 
in  th(;  consideration  of  that  article. 

Mr.  DeLONG.  They  ought  to  have  remained 
here  to  day.  at  least. 

Mr.  KENNEDY.  If  we  get  through  with 
this  article  to-day,  wc  may  be  able  to  finish  up 
on  Monday  ;  but  if  we  keep  it  back  till  Mon- 
day, we  shall  not  get  through  our  business  be- 
fore Tuesday  or  Wediies<lay. 

Mr.  BROSNAN.  I  will  not  make  any  mo- 
tion. 

The  question  was  taken  on  Mr.  Kennedy's 
motion,  aa  modified,  and  upon  a  division  the 


vote  was — ayes,  15  ;  noes,  1-4.    So  the  motion 
was  agreed  to. 

COMMITTEE   OF   TUE    WHOLE  —  JUDICIAL    DEPART- 
MENT. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (the  President 
remaining  in  the  chair,)  and  resumed  consider- 
ation of  Article  VI,  entitled  Judicial  Depart- 
ment. 

STOREY  COUNTY  COURT. 

The  pending  question  was  stated  to  be  on  the 
motion  of  Mr.  Dunne,  to  strike  out  Section  9, 
which  establishes  the  jurisdiction  of  the  county 
court  in  Storey  County. 

Mr.  BANKS.  Are  general  amendments  in 
order  at  this  time  ? 

The  PRESIDENT.  No,  sir  ;  the  reading  of 
the  article  by  sections  has  not  been  completed. 

-Mr.  NOURSE.  I  wish  to  say,  if  I  may  be 
allowed,  that  I  propo.se  to  offer  an  amendment 
which  1  think  is  calculated  to  meet  the  objec- 
tions that  have  been  urged  against  this  article, 
as  it  \vill  stand  after  striking  out  so  much  as 
relates  to  county  courts,  including  Section  9. 

The  question  was  taken  on  the  amendment  to 
strike  out  Section  9,  and  it  was  agreed  to. 

PLACES    OK   HOLDING   COURTS. 

The  Secretary  read  Section  10,  as  follows  : 

Sec.  10.  The  times  and  places  of  holding  the  terms 
of  the  Supreme  Court,  the  general  and  special  terms 
of  the  District  Courts  within  the  several  districts,  and 
of  County  Courts,  shall  be  provided  by  law. 

[Mr.  Ckosman  in  the  chair.] 

Mr.  NOURSE.  The  words  "  County  Courts  " 
will  need  to  be  stricken  out. 

Mr.  JOHNSON.  I  will  offer  a  substitute  for 
Section  10,  providing  that  the  District  Courts 
shall  be  held  at  the  county  seats  of  the  respect- 
ive counties,  and  that  the  terms  of  the  Supreme 
Court  shall  be  held  at  the  capital  of  the  State. 
I  do  not  see  any  more  appropriate  place  than 
this  for  such  a  provision,  and  I  think  it  is  one 
of  considerable  importance.  We  ought  not  to 
leave  it  in  the  power  of  the  Legislature  to  pro- 
vide l)y  law  that  the  terms  of  the  District 
Court  in  any  county  shall  be  held  perhaps  in 
some  remote  part  of  the  county.  If  it  is  pro- 
per that  the  State  officers  should  be  required  to 
reside  at  the  capital,  and  that  the  county  offi- 
cers should  keej)  their  offices  at  the  seat  of  go- 
vernment of  their  respective  counties,  it  is 
certainly  i)roper  that  the  terms  of  the  Supreme 
Court  should  be  held  at  the  capital,  and  the 
terms  of  the  District  Courts  at  the  several 
county  seats.  I  am  informed  that  a  section 
has  been  prepared  and  reported  by  tlie  Com- 
mittee on  Schedule,  intended  to  covei'  this  same 
matter,  but  I  think  this  is  probably  a  better 
place  for  it,  and  that  jiortion  of  the  Schedule 
not  lia\ing  been  acti'd  upon,  it  will  lie  at  a  fu- 
ture time  within  the  control  of  the  Convention. 
I  will  prepare  my  amendment  in  a  moment,  and 
1  hope  we  shall  incorporate  it  here. 


18th  day.] 


JUDICIAL  DEPARTMENT. 


675 


Saturday,]      Brosnan — Johnson — DeLong — Banks — Frizell — Warwick — Nodrse.       [July  23. 


Mr.  BROSNAN.  The  section  now  stands 
precisely  as  it  was  in  the  old  Constitulion,  with 
the  exception  of  omitting  the  Probate  or  Coun- 
ty Courts  ;  and  I  believe  my  friend  from  Orms- 
by  (Mr.  Johnson)  had  the  honor  of  framing 
that  section. 

Mr.  JOHNSON.  That  does  not  necessarily 
prove  that  it  was  right.     [Merriment.] 

Mr.  DeLONG^.    l3oes  it  prove  the  contrary  ? 

Mr.  JOHNSON.  I  will  not  undertake  to  say. 
I  think,  however,  that  both  the  gentlemen  from 
Storey  concur  with  me  in  the  opinion  that 
there  are  some  features  of  the  old  Constitution 
which  are  not  exactly  right,  while  in  regard 
to  others  we  differ.  The  question  now  is, 
whether  it  is  better  that  the  terms  of  the  Dis- 
trict Court  in  each  county  shall  be  held  at  the 
county  seat,  or  at  some  other  place.  I  move  to 
amend  by  striking  out  Section  10,  as  printed, 
and  inserting  the  following  in  its  stead  : 

Sec.  10.  The  tinies  of  holding  the  Supreme  and  Dis- 
trict Courts  shall  be  as  fixed  by  law.  The  terms  of  the 
Supreme  Court  shall  be  held  at  the  seat  of  Government, 
and  the  terms  of  the  District  Courts  shall  be  held  at 
the  county  seats  of  their  respective  counties. 

Mr.  BROSNAN.  I  should  like  to  have  that 
section  retained  as  it  was  in  the  original  Cou- 
stitntion,  or  as  it  was  reported  by  the  com- 
mittee. I  would  prefer,  for  my  part,  that  i 
the  place  of  holding  the  Supreme  Court  should 
not  be  fixed  permanently  in  the  Constitution. 
It  seems  to  me  that  exigencies  may  arise  when 
it  would  be  proper  to  give  the  Supreme  Court 
authority  to  meet  at  some  other  place  than  the 
one  fixed  by  the  Constitution. 

Mr.  BANKS.    In  what  cases? 

Mr.  BROSNAN.  Many  cases  might  arise. 
They  should  themselves  be  the  judges  of  the 
occasion. 

Mr.  JOHNSON.  If  any  valid  reasons  can 
be  shown  why  the  terms  of  the  Supreme  Court 
should  not  be  held  at  the  Capital,  and  the  sev- 
eral District  Courts  at  the  seat  of  government 
of  each  county  respectively,  I  hope  they  will 
be  stated.  Possibly  the  gentleman  from  Storey 
(Mr.  Brosnan)  may  be  able  to  assign  some  more 
substantial  reason  for  voting  against  this 
amendment,  than  the  fact  that  the  original 
section  was  copied  from  the  Constitution  of 
last  year. 

Now,  sir,  I  do  not  think  we  ought  to  permit 
our  courts  to  go  traveling  and  strolling  around 
the  country,  any  more  than  we  should  a  Legisla- 
ture, and  I  think  there  are  special  reasons  why 
the  Supreme  Court  should  remain  at  the  capi- 
tal, and  the  District  Courts  should  be  held  in 
each  county,  at  its  seat  of  government.  If  you 
allow  the  courts  to  go  strolling  around  the 
country  the  clerks  with  their  voluminous  rec- 
ords must  follow  in  their  wake,  or  accompany 
them,  and  the  expense  which  that  would  in- 
volve would  in  many  instances  be  very  great. 
In  my  judgment  this  is  a  matter  which  should 
be  fixed  in  the  Constitution,  and  not  left  sub- 
ject to  the  mutations  and  changes  incident  to 
legislative  action. 


Mr.  FRIZELL.  I  hope  the  amendment  of- 
fered by  the  gentleman  from  Ormsby  (Mr.  John- 
son) will  be  voted  down.  It  is  generally  con- 
ceded by  the  representatives  from  Storey  County, 
that  at  the  end  of  about  two  years  it  will  prob- 
ably be  necessary  to  have  two  or  three  District 
Courts  in  that  county,  and  if  that  shall  become 
necessary,  Gold  Hill  certainly  ought  to  have 
one  of  them,  notwithstanding  that  Virginia  City 
is  the  county  seat.  Therefore  I  trust  that  this 
amendment  will  be  voted  down,  and  then  there 
will  be  one  thing,  at  least,  going  in  my  favor 
to-day. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  Johnson,  and,  upon  a  division, 
the  vote  was — ayes,  12  ;  noes,  5.  So  the  amend- 
ment was  agreed  to. 

Mr.  WARWICK.  I  call  attention  to  the  fact 
that  this  amendment  was  curied  by  a  vote  of 
les-!  than  a  quorum. 

Mr.  DeLONG.  That  is  no  matter  ;  we  are 
now  in  Committee  of  th;  Whole,  and  it  will 
have  to  be  acted  on  by  the  Convention. 

justices'  courts. 

[The  President  in  the  chair.] 

The  Secretary  read  Section  11,  as  follows  : 
Sec.  11.  The  Legislature  shall  determine  the  num- 
ber of  Justices  of  the  Peace  to  be  elected  in  each  city 
and  to\vnship  of  the  State,  and  shall  fix  by  law  their 
powers,  duties,  and  responsibiUties.  It  shall  deter- 
mine the  manner  and  the  cases  in  which  appeals  may 
be  taken  from  Justices'  and  other  Courts  ;  provided, 
such  ijowers  shall  not  in  any  case  conflict  with  the  ju- 
risdiction of  the  several  Courts  of  Record ;  and  further, 
that  such  Justices'  Courts  shall  have  no  jurisdiction  In 
the  trial  of  cases  wherein  the  title  to  real  estate  or 
mining  claims,  or  the  right  of  possession,  is  or  may  be 
involved.  The  Supreme  Court,  the  District  Courts,  the 
County  Courts,  and  such  other  courts  as  the  Legisla- 
ture shall  designate,  shall  be  Courts  of  Record. 

Mr.  NOURSE.  It  is  necessary  to  strike  out 
"  the  Countv  Courts." 

The  CHAIRMAN.  The  Secretary  will  make 
that  amendment,  to  conform  to  the  previous 
action  of  the  committee. 

Mr.  BANKS.  I  would  like  to  hear  the  latter 
part  of  the  proviso  read  again,  commencing 
with  "and  further."' 

The  SECRETARY  again  read  the  proviso. 

Mr.  NOURSE.  Now^that  the  County  Courts 
are  stricken  out,  possibly  it  would  be  better  to 
define  the  jurisdiction  of  Justices  of  the  Peace, 
so  as  to  come  up  to  the  jurisdiction  of  the  Dis- 
trict Courts. 

Mr.  DeLONG.    It  does  already. 

Mr.  NOURSE.  I  think  not,  in  the  amount  of 
their  jurisdiction. 

Mr.  WARWICK.  Yes,  sir  ;  the  limit  fixed  is 
three  hundred  dollars. 

Mr.  HAWLEY.  Has  the  Committee  of  the 
Whole  directed  that  the  references  to  County 
Courts  be  stricken  out  wherever  they  occur 
throughout  the  article  ? 

The  CHAIRMAN,  That  is  the  understand- 
ing of  the  Chair. 

Mr.  NOURSE.  I  will  not  otter  an  amend- 
ment now,  but  if  the  committee  will  pass  over 
the  section,  I  will  endeavor  to  draw  up  one. 


676 


JUDICIAL  DEPARTMENT. 


[18th  day. 


Saturda)\] 


CuAniM-vx— Banks— Brosxan—Kexxedy—DeLoxg — Nourse. 


[July  23. 


The  CHAIRMAN.  If  there  be  no  amend- 
ments, we  will  proceed  with  the  reading  until 
the  article  is  linished,  and  then  general  amend- 
ments will  be  in  order.  It  is  not  necessary  to 
take  a  vote  on  the  adoption  of  each  section  as 
it  is  read. 

No  further  amendment  being  offered — 

MVNicri'AL  couurs. 
Section  12  was  read,  as  follows  : 

Sec.  12.  The  Lefjislati'ire  shall  x)rescribe  the  power.s. 
duties,  anil  rpspousihilitics  of  any  Munic-iijal  Court 
that  may  be  establislied  iu  pursuance  of  Section  1  of 
this  article  ;  aucl  shall  so  fix  by  law  the  jurisillctiou  of 
paid  court  as  not  to  contlict  ynth  that  of  the  several 
Coiu'ts  of  Kecord. 

No  amendment  was  offered. 

FEES   AND   PERQUISITES. 

Section  13  was  read,  as  follows : 

Sec.  13.  No  judicial  officer,  except  a  Justice  of  the 
Peace,  shall  receive  to  his  own  use  any  fees  or  perqui- 
sites of  office. 

No  amendment  was  offered. 

IMELIGIBILITT   OF   JUDGES. 

Section  14  was  read,  as  follows  : 

Sec.  U.  The  .Justices  of  the  Supreme  Court,  and 
the  District  Judges,  shall  be  ineUgible  to  any  office 
other  than  a  judicial  office  dm-ing  the  term  for  which 
they  shall  have  been  elected,  and  all  elections  or  ap- 
pointments of  any  such  judges  by  the  people,  Legisla- 
ture, or  otherwise,  during  said  period,  to  any  office 
Other  than  judicial,  shall  be  void. 

No  amendment  was  offered. 

CHARGES   TO   JURIES. 

Section  15  was  read,  as  follows  : 

Sec.  15.  Judges  shall  not  charge  juries  in  respect 
to  matters  of  fact,  but  may  state  the  testimony  and 
declare  the  law. 

No  amendment  was  offered. 

STYLE    OF   PROCESS. 


Section  16  was  read,  as  follows : 
Sec.  1(5.     Tlio  style  of  all  process   shall  be- 


'The 


State  of  Nevada,"  and  all  prosecutions  shall  bo  con- 
ducted iu  the  name  and  Ijy  the  authority  of  the  same. 

No  ameadment  was  offered. 

EQCITY   ADMIXLSTRATIOX. 

Section  17  was  read,  as  follows  : 

Sec.  17.  There  shall  be  but  one  form  of  civil  action, 
aud  law  and  equity  may  be  administered  in  the  same 
action,  in  Courts  of  Kecord. 

Mr.  BANKS.  What  is  the  object  of  those 
words  "  in  Courts  of  llecoid?"  They  are  not 
contained  in  the  old  Constitution. 

Mr.  BIlO.SNAN.  I  move  to  strike  out  those 
words.  They  were  not  in  the  original  section, 
but  for  some  reason  they  were  added  in  com- 
mittee. 

Mr.  KENNEDY.  I  would  like  to  have  those 
words  left  in,  to  keep  certain  blockheads,  who 
are  .Justices  of  the  Peace,  from  undertaking  to 
administer  equity.  They  do  try  it  sometimes, 
down  in  Ijyon  County. 


The  question  was  taken  on  the  amendment 
offered  by  Mr.  Brosnan,  and  on  a  division  the 
vote  was — ayes.  8  :  noes,  4. 

The  CHAIR.MAN.  I  think  that  is  rather  too 
light  a  vote. 

Mr.  DeLONG.  The  idea  of  incorporating  these 
words,  it  strikes  me,  is  this  :  AVe  have  expressly 
declared  already  that  the  District  Courts  shall 
have  original  jurisdiction  in  all  cases  in  erjuity, 
and  in  all  cases  at  law  where  the  amount  in- 
volved exceeds  the  sum  of  three  hundred  dol- 
lars ;  and  now  this  section  provides  that  law 
and  equity  may  be  administered  in  the  same 
action,  but  only  in  Courts  of  Record.  The  ob- 
ject simply  is  to  prohibit  a"y  attempt  at  admin- 
istering ('(jnity  hv  Justices  of  the  Peace. 

The  CHAlil.MAN.  It  seems  to  me  very 
proper. 

Mr.  BANKS.  This  is  merely  the  report  of 
the  Judiciary  Committee.  They  conceived  that 
those  words  were  necessary  to  be  incorporated, 
and  they  have  added  to  the  original  section 
these  words — "  in  Courts  of  Record."  Now  I  do 
not  pretend,  as  was  intimated  this  morning,  to 
be  a  lawyer,  but  I  know  that  equity  and  law 
are  not  so  clearly  defined  as  to  admit  of  the 
use  of  such  words  as  are  contained  in  this 
section. 

The  question  was  again  taken  on  the  amend- 
ment to  strike  out  the  words  '•  in  Courts  of 
Record,"  and  upon  a  division  the  vote  was — 
ayes,  5  ;  noes,  11.  So  the  amendment  was  not 
agreed  to. 

Mr.  DeLONG.  I  move  that  the  gentleman 
from  Humboldt  (Mr.  Banks)  be  added  to  the 
Judiciary  Committee. 

Mr.  BANKS.     I  second  the  motion. 

Mr.  DeLONG.    I  withdraw  it. 

Mr.  BANKS.  I  withdraw  the  second.  [Mer- 
riment.] 

No  further  amendment  being  offered — 

SALARIES    OF    JUDGES. 

Section  18  was  read,  as  follows  : 

Sec.  18.  The  Justices  of  the  Supreme  Court,  Dis- 
trict Judges  and  County  Judges,  in  counties  wnereiu 
such  officers  shall  have  been  elected,  as  i)rovided  for 
in  this  Constitution,  shall  each  receive  quarterly,  for 
their  services,  a  compensation  to  be  fixed  by  the 
Legislature,  and  which  shall  not  be  increased  or  di- 
minished during  the  term  for  which  they  sliall  have 
been  elected.  And  the  Legislature  shall  i^rovide  for 
setting  apart  from  each  year's  revenue  a  suthcicnt 
amount  of  money  to  i^ay  such  conipensation ;  provided, 
that  District  Judges  and  County  Judges  shall  be  paid 
out  of  the  county  treasuries  of  their  respective  dis- 
tricts aud  counties. 

Mr.  NOURSE.  I  move  to  amend  by  striking 
out  of  the  section  all  relating  to  County  Judges, 
so  that  it  will  read  : 

"  Sec.  18.  The  Justices  of  the  Supreme  Court,  and 
District  Judges,  sliall  each  receive  quarterly,  tor  their 
services,  a  compensation,"  etc. 

The  amendmeut  was  agreed  to  by  unanimous 
consent. 

Mr.  NOURSE.  It  seems  to  me  that  there 
was  some  provision  adopted  elsewhere  in  the 
Constitution,  in  regard  to  salaries.    I  may  be 


18  th  day.] 


JUDICIAL  DEPARTMENT. 


677 


Saturday,]      Kexxedy — Nourse— Banks — Brosnan— Lockwood — DeLong — Dunne.       [July  23. 


at  fault  in  regard  to  that.  This  section,  how- 
ever, seems  to  contemplate  that  the  com- 
pensation shall  be  fixed  by  the  Legislature.  If 
so,  I  think  there  is  a  conflict. 

The  CHAIRMAN.  The  previous  action  of 
the  Convention  has  only  been  to  fix  the  salaries 
of  the  first  incumbents.  No  provision  has  been 
made  further  tlian  that. 

Mr.  KENNEDY.  I  suggest  that  we  strike 
out,  at  the  end  of  the  section,  the  words  "  and 
counties.'' 

Mr.  NOIJRSE.  I  think  it  would  be  better  to 
amend  the  last  clause,  so  as  to  read  "  out  of 
the  county  treasuries  of  the  counties  comprising 
their  resppctive  districts.''  I  will  make  that 
motion.     Then  the  proviso  will  read  : 

"  I'rotsided,  That.  District  Judges  shall  be  ijaid  out  of 
the  eouuty  treasuries  of  the  counties  composing  their 
resi^ective  districts." 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted 

SPECIAL  COURT   FEES. 

Section  19  was  read,  as  follows : 

Sec.  19.  The  Legislature,  at  its  first  session,  shall 
prescribe  that  ujaon  the  institution  of  each  action,  and 
other  proceeding,  and  also  upon  the  ijerfecting  of  an 
aijpeal  in  any  action  or  proceeding,  in  the  several 
Courts  of  Eecord  in  this  State,  a  special  court  fee  or 
tax,  to  be  tixed  by  law,  shall  be  advanced  to  the  clerks 
of  said  courts  respectively,  by  the  party  or  parties 
bringing  such  action  or  proceeding,  or  taking  such  ap- 
lieal;  and  the  money  so  paid  in  shall  be  accounted  for 
by  such  clerks,  and  applied  towards  the  payment  of  the 
compensation  of  the  judges  of  said  courts,  as  shall  be 
directed  by  law. 

Mr.  BANKS.  I  move  to  strike  out  the  words 
'•  at  its  first  session,"  in  the  first  line.  It  seems  to 
me  those  words  would  imply  that  after  the  first 
session  the  Legislature  could  not  pass  a  law  of 
this  character,  or  do  anything  in  regard  to  it. 
I  see  no  necessity  for  using  such  word'^.  If  it 
reads  "  the  Legislature  shall  prescribe,"  and  so 
on,  it  is  all  that  is  necessary. 

Mr.  BROSNAN.  The  object  was,  if  I  under- 
stand the  idea  of  the  committee,  to  require  the 
Legislature  to  do  this  at  the  first  session ;  not 
to  inhibit  the  Legislature  from  passing  such  a 
law  afterwards. 

Mr.  LOCKWOOD.  I  propose  to  strike  out 
"shall,"  and  insert  " may."  Then,  if  we  find 
that  the  plan  does  not  work  well,  or  if  the 
State  shall  become  so  prosperous  that  it  is  no 
longer  necessary,  the  tax  may  be  dispensed 
with. 

Mr.  BANKS.  Is  it  the  opinion  of  the  Com- 
mittee on  the  Judiciary  that  this  language 
would  not.  by  implication,  prevent  legislation 
on  the  subject,  alter  the  first  session  ? 

Mr.  BROSNAN.    I  understand  it  to  be  so. 

Mr.  DeLONG.  I  guess  no  question  was 
raised  on  the  subject  in  the  committee.  I 
should  be  a  little  inclined  to  the  opinion  that 
in  whatever  manner  it  might  be  fi.xed  at  the 
first  session  it  would  have  to  remain — that  it 
could  not  afterwards  be  changed. 


Mr.  NOURSE.  Could  not  a  subsequent  Le- 
gislature repeal  the  law? 

Mr.  DeLONG.  Yes,  sir  ;  but  it  would  not 
be  authorized  under  the  Constitution  to  pass 
another  statute  on  the  subject.  Any  law  could 
be  repealed,  but  here  it  says  the  Legislature 
shall  at  its  first  session  pass  an  act  providing 
for  a  certain  tax.  What  is  the  inference? 
Why,  the  passage  of  that  act  exhausts  the  whole 
power  conferred  on  the  Legislatui'e.  That  is 
my  construction. 

Mr.  NOURSE.  That  would  be  so,  if  the  Le- 
gislature depended  upon  this  wording  as  a 
grant  of  power  ;  but  I  take  it  the  true  doctrine 
is  that  the  Legislature  has  power  over  all  pro- 
per subjects  of  legislation,  and  the  power  here 
given  to  pass  such  a  law  at  its  first  session,  ia 
merely  designed  to  compel  such  legislation, 
and  it  does  not  have  the  effect  to  prevent  a  sub- 
sequent repeal  or  modification  of  the  law.  I 
think  nobody  will  deny  that  without  a  provis- 
ion like  this,  the  Legislature  might  establish  a 
docket  fee  by  law.  Now  the  gentleman  from 
Storey  (Mr.  DeLong)  admits  that  it  does  not 
prevent  a  repeal,  at  the  second  session,  and  if 
that  is  the  case  there  is  nothing  to  prevent  the 
Legislature  from  reenacting  it  at  the  third  ses- 
sion. 

Mr.  BROSNAN.  I  cannot  as.sent  to  the  views 
stated  by  my  colleague  (Mr.  DeLong.) 

Mr.  DeLONG.  I  will  qualify  my  position  a 
little,  if  you  will  allow  me.  I  will  say  that  it 
does  not  operate  as  a  mandatory  provision,  af- 
ter the  first  session. 

Mr.  NOURSE.    That  is  so. 

Mr.  BROSNAN.  Then  we  shall  have  no  dis- 
agreement on  the  subject.  Now,  as  has  been 
said  before,  the  Legislature  of  a  State  has  ab- 
solute power  in  regard  to  the  regulation  of  its 
policy,  by  the  enactment  of  laws.  Its  power 
is  absolute  in  all  cases  except  one.  The  lan- 
guage of  the  law  writers  is  that  the  Legisla- 
ture is  omnipotent.  It  has  power  to  pass  all 
laws,  unless  in  a  case  where  it  is  inhibited  by 
express  written  Constitutions,  except  thai  if 
the  Legislature  pass  a  law  against  natural  jus- 
tice it  is  not  held  to  be  valid.  Now  I  say  that 
the  intent  and  meaning  of  this  language  under 
consideration,  as  I  understand  it,  and  as  I  did 
understand  it  when  it  was  before  the  Judiciary 
Committee,  is  this:  conceiving  and  holding  as 
I  do  that  the  Legislature  has  power  to  make 
these  regulations  always  coextensive  with  its 
existence,  the  words  '•  at  its  first  session  "  were 
inserted  exindastria — out  of  abundance  of  cau- 
tion— for  the  sake  of  compelling  the  Legislature 
to  do  it  at  the  first  session.  That  is  the  way  I 
understand  it,  and  whether  those  words  were 
in  or  out,  the  Legislature  would  still  have  that 
power. 

Mr.  DUNNE.  It  is  now  but  three  minutes 
before  five  o'clock,  and  in  order  that  we  may 
be  able  to  finish  this  article  now,  I  move  that 
the  Committee  rise,  report  progress,  and  ask 
leave  to  sit  again.  I  make  the  motion  for  the 
purpose  of  extending  the  time  for  taking  a  recess. 


678 


JUDICIAL  DEPARTMENT. 


[18th  day. 


Saturday,] 


DCXNE — DeLoNG WETHERn.L — NOVRSE. 


[July  2S. 


The  question  was  taken,  and  the  motion  was  | 
agreed  to  ;  and  the  committee  accordingly  j 
rose.  I 

IN"    COXVENTIOX.  j 

The  SECRETARY  reported  that  the  Commit-  j 
tee  of  the  Whole  had  had  under  consideration 
Article  VI,  entitled  Judicial   Dei)artnient,  had 
made  some  progress  therein,  and  had  instructed 
him  to  ask  leave  to  sit  again. 

The  report  was  accepted,  and  leave  was 
granted  accordingly. 

Mr.  DUNNE  (at  two  minutes  before  five 
o'clock)  moved  tliat  the  time  for  taking  there- 
cess  be  extended  until  half-past  live  o'clock. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Air.  DUNNE.  I  move  that  the  Convention 
resolve  itself  into  Committee  of  the  Whole  for 
the  further  consideration  of  Article  YI. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Mr.  DeLONG.  I  rise  to  a  point  of  order, 
that  the  time  for  recess  has  arrived. 

The  PRESIDENT.    It  is  not  well  taken. 

COMMITTEE   OF   THE    WHOLE  —  JUDICIAL   DEPART- 
MENT. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (Mr.  Duxxe  in 
the  chair.)  and  resumed  consideration  of  Arti- 
cle VI,  entitled  Judicial  Department. 

SPECIAL   COURT    FEES — AGAIN. 

Section  1!)  was  again  read. 

Mr.  DeLONG.  I  do  not  know  but  it  is  essen- 
tial to  amend  this  section  by  incorporating  a 
])rovision  directing  the  nranner  in  which  the 
money  paid  in  shall  bo  accounted  for. 

The  CHAIRMAN.  The  question  now  is  upon 
the  amendment  offered  by  the  gentleman  from 
Humboldt,  (Mr.  Banks,)  to  strike  out  the  words 
■•  at  its  lir.st  session." 

Mr.  DkLONG.  Then  I  suppose  it  is  in  order 
to  move  a  further  amL-ndment.  It  is  proper,  of 
course,  that  the  money  to  be  paid  in  to  the  Dis- 
trict Courts,  shall  be  applied  to  the  payment  of 
the  .salaries  of  the  District  Judges ;  and  the 
money  paid  in  to  the  Supreme  Court  clerk 
ought  to  go  into  the  State  treasury,  and  be  set 
apart  for  the  salaries  of  the  Supreme  Court 
Juilges ;  and  the  clerks  should  he  required  to 
account  for  the  moneys  they  receive.  There 
ought  to  be  some  provision  as  to  when  they 
should  pay  it,  and  to  whom. 

The  CHAIRMAN.  The  first  question  is  on 
the  amendment  to  strike  out  the  words  '•  at  its 
first  session." 

Mr.  WETIIERII.L.  I  hope  that  will  not  be 
adopted.  The  fact  is,  we  want  the  first  Legis- 
lature to  make  this  provision.  That  is  the  time 
we  need  it. 

The  question  was  taken  on  tiie  amendment 
proposed  by  Mr.  Banks,  and  it  was  not  agreed 
to. 

Mr.  N0UR3E.     It   appears   to   me  that  the 


word  "  and,"  in  the  second  line,  as  printed, 
should  be  "  or."  I  will  move  to  make  that 
amendment,  so  as  to  read  :  "  upon  the  institu- 
tion of  each  action,  or  other  pi'oceeding."  etc. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

LEAVE   OF   ABSENCE. 

Section  20  was  read,  as  follows  : 

Sec.  20.  Tho  Legislatiu-e  sliall  have  no  pKJwer  to 
{^■ant  leave  «f  absence  to  a  judicial  offloer,  aud  any 
sueli  officer  wlio  shall  absent  himself  from  the  State 
for  upwards  of  ninety  consecutive  days,  shall  be 
deemed  to  have  vacated  his  office. 

No  amendment  being  offered,  the  section,  as 
read,  was  adopted. 

COURTS   AND   JUDICIAL   OFFICERS    CONTINUED. 

Section  21  was  read,  as  follows  : 

Sec.  21.  In  order  that  no  inconvenience  may  result 
to  the  public  service  from  the  taking  effect  of  tliis  arti- 
cle, no  judicial  officer  shall  be  superseded,  nor  shall 
the  organization  of  tlio  several  courts  be  changed 
thereby,  until  the  election  and  qualification  of  the  sev- 
eral officers  provided  for  in  the  sauie. 

No  amendment  being  offered,  the  section,  as 
read,  was  adopted. 

The  SEGRKTARY  was  instructed,  by  unan- 
imous consent,  to  re-numbur  the  several  sections 
of  the  article. 

justices'  C0URT.S — AGAIN. 

Mr.  NOURSE.  Would  it  now  be  in  order  to 
move  an  amendment  to  a  previous  section  ? 

The  CHAIRMAN.  It  would.  The  article 
having  been  read  by  sections,  amendments  gen- 
erally are  in  order. 

Mr.  NOURSE.  I  wish  to  make  a  motion, 
then,  in  regard  to  Justices  of  the  Peace.  It 
will  be  an  amendment  to  the  section  numbered 
11  in  the  printed  copy,  now  Section  8.  I  move 
to  amend,  by  inserting  after  the  words  "  duties 
and  responsibilities,"  in  the  first  sentence,  the 
following  language  : 

"  Justices  of  the  Peace  shall  have  jurisdiction  in  all 
civil  cases,  wherein  the  amount  in  controversary  does 
not  exceed,  exclusive  of  interest,  th(!  sum  of  three 
hundred  dollars  ;  and  in  all  criminal  cases,  except 
where  tho  offense  charged  amounts  to  felony." 

Mr.  DeLONG.  You  had  better  say,  "  all 
civil  cases  at  law." 

Mr.  NOURSE.  Very  well;  I  will  accept 
that. 

Mr.  DeLONG.  I  move  to  add  "  except  as 
herein  otherwise  provided." 

Mr.  NOURSE.  I  will  accept  that  also,  if 
there  is  no  objection.  Now  read  it  as  modi- 
fied. 

The  SECRETARY  read  the  amendment,  as 
modified,  as  follows  : 

"  Justices  of  the  Peace  shall  have  jurisdiction  in  all 
civil  cases  at  law,  wherein  the  amount  in  controversy 
does  not  exceed,  exclusive  of  interest,  the  sum  of 
three  hundred  dollars,  and  in  all  criminal  cases,  except 


18th  day.] 


JUDICIAL  DEPARTMENT. 


C79 


Saturday,] 


Brosnan — NouRSE — Collins — DeLong. 


[July  23. 


where  the  offense  chargetl  ainoiints  to  felony,  excc^jt 
as  herein  otherwise  provided." 

Mr.  BROSNAN.  Is  it  intended  by  this 
amendment  that  Justices  of  the  Peace  shall  try 
misdemeanors,  without  the  intervention  of  a 
jury,  or  an  indictment? 

Mv.  NOURSE.  I  suppose  the  provision 
guaranteeing  the  right  of  trial  by  jury  will  se- 
cure that  right,  as  a  constitutional  provision, 
in  all  cases. 

Mr.  BROSNAN.  Does  the  gentleman  intend 
that  the  Grand  Jury  shall  send  indictments  to 
Justices'  Courts? 

Mr.  NOURSE.  I  do  not  intend  that,  and  I 
may  not  have  given  the  subject  consideration 
enough.  I  think  the  objection  suggested  by  the 
gentleman  from  Storey  is  a  good  one. 

Mr.  BROSNAN.  I  suppose  a  Justice  of  the 
Peace  has  no  jurisdiction  to  call  a  jury  for  the 
trial  of  an  indictment. 

Mr.  NOURSE,  I  did  not  intend  to  give  him 
such  jurisdiction. 

Mr.  BROSNAN.  I  suppose  the  gentleman 
does  not  intend  it,  but  I  talve  it  that  the  lan- 
guage of  the  amendment  would  tolerate  that 
idea.  There  are  many  criminal  acts  that  are 
not  felonies,  but  only  misdemeanoi's,  and  still 
they  are  subjects  of  indictment. 

Mr.  NOURSE.  Suppose,  then,  we  strike  out 
of  tlie  amendment  all  relating  to  criminal 
cases,  and  leave  only  that  which  refers  to  civil 
cases. 

Mr.  BROSNAN.    I  have  no  objection  to  that. 

Mr.  COLLINS.  I  would  inquire  of  the  chair- 
man of  the  Judiciary  Committee,  whether  it  is 
the  design,  by  the  provision  in  this  section,  to 
force  parties  into  the  District  Courts,  in  litiga- 
tions regarding  real  estate  of  merely  a  trifling 
value  ?  I  refer  to  that  portion  of  the  section 
which  reads  as  follows  : 

"And  further,  that  such  .Justices'  Courts  shall  have 
no  jurisdiction  in  the  trial  of  cases  wherein  the  title  to 
real  estate  or  mining  claims,  or  the  right  of  possession, 
is  or  may  be  involved." 

Mr.  BROSNAN.     That  is  the  intention. 

Mr.  COLLINS.  Then  I  trust  that  the  section 
will  not  be  allowed  to  pass  without  very  ma- 
terial amendment  in  that  respect.  I  hope  that 
some  provision  will  be  made  by  which  a  man 
may  be  enabled  to  collect  a  small  debt,  without 
expending  twice  as  much  as  the  amount  of  the 
debt  for  the  costs  of  litigation.  I  hope  some 
regard  will  be  shown  here  to  the  interests  of 
litigants,  as  well  as  the  interests  of  lawyers.  I 
will  move  to  amend  by  substituting  for  the 
clause  which  I  have  just  read,  the  following  : 

"And  further,  that  such  Justices'  Courts  shall  have 
jurisdiction  in  all  civil  cases,  except  where  the  amount 
involved  shall  exceed  in  value  the  sum  of  three  hun- 
dred dollars." 

I  wish  to  make  a  few  remarks  on  this  point, 
and  I  think  they  will  be  such  as  will  commend 
themselves  to  the  judgment  of  this  body.  There 
are  in  Storey  County,  and  in  most  of  the  other 
counties,  a  great  many  lots  of  land  and  small 
mining  claims.     They  have  prospectively,  in 


many  cases,  undoubtedly,  great  value ;  insomuch 
that  the  men  who  own  them  would  not  take  a 
large  sum  in  exchange,  but  at  their  present  ac- 
tual valuation  in  the  market,  they  would  not, 
perhaps,  be  worth  fifty  dollars.  Now  I  ask  if  it 
is  just  or  proper,  in  the  County  of  Storey,  for  ex- 
ample—and 1  refer  to  tl)at  county  solely  bi.'cause 
I  know  more  about  the  situation  of  property 
thi're  than  I  do  in  other  portions  of  the  Terri- 
tory— is  it  right  or  just,  when  an  individual 
jumps  a  lot  or  claim  so  situated,  and  claims  a 
right  to  it  by  possession,  to  force  the  owner  to 
go  as  complainant  into  the  District  Court  to 
seek  for  redress,  where  it  will  cost  him  proba- 
bly four  times  as  much  money  as  the  lot  is 
worth,  and  where  he  is  likely  to  be  delayed  one 
or  two  years,  since  this  article  has  assumed  the 
shape  it  has,  before  he  can  get  a  trial  and  judg- 
ment in  his  case  ?  I  ask  if  this  is  just  towards 
that  small  class  of  litigants  who  surely  ought 
to  have  some  rights  under  the  jurisdiction  of 
this  State  Government?  I  am  willing  to  admit 
that  when  the  amount  claimed  is  worth  several 
thousands  of  dollars,  a  man  may  have  a  right 
to  force  the  adverse  parties  into  the  District 
Court  to  respond  ;  but  it  occurs  to  me  that 
where  the  original  amount  involved  does  not 
.exceed  in  value  the  sum  of  three  hundred  dol- 
lars, in  justice  to  the  parties  who  own  those 
small  lots  and  claims,  we  ought  to  provide  for 
a  cheaper  jurisdiction,  in  these  Justices'  Courts ; 
and  here  is  the  proper  place  to  make  such  a 
provision.  I  hope  the  amendment  will  be 
adopted. 

Mr.  DeLONG.  For  some  reason,  which  I 
presume  to  be  a  wise  one,  every  State  has  acted 
on  this  subject  exactly  as  the  Judiciary  Com- 
mittee proposes  that  we  shall  act  at  this  time. 
They  have  conferred  no  power  upon  Justices' 
Courts,  and  this  section  confers  no  power,  to 
try  either  the  title  or  the  right  of  possession  to 
real  estate.  On  the  contrary,  in  every  State  it 
is  provided  that  in  cases  of  unlawful  entry  and 
forcible  detainer,  when  it  appears  that  the  title 
to  real  estate  must  become  involved,  the  case 
must  be  certified  for  trial  up  to  the  higher 
court.  The  universal  concentration  of  opinion 
throughout  all  the  States  upon  this  subject,  has 
resulted  in  a  uniform  expression,  to  the  eft'ect 
that  Justices  of  the  Peace  should  not  try  the 
right  of  possession  of  real  estate,  or  the  title  to 
realty  in  any  form. 

Now  there  are  certain  reasons  for  this  :  Jus- 
tices' Courts  are  not  Courts  of  Record  ;  they 
are  courts  instituted  for  the  trial  of  cases  in- 
volving small  sums  of  money,  or  damages  in 
small  amounts,  and  their  proceedings  are  not 
surrounded  with  that  degree  of  dignity  and 
solemnity  which  causes  the  judgments  of  a 
court  to  be  referred  to  subsequently  for  the 
matters  determined  therein.  It  is  a  court  where 
the  pleadings  need  not  be  made  in  writing, 
where  the  allegations  and  answers  may  be 
stated  orally,  and  not  placed  on  any  record, 
and  where  nearly  all  the  formalities  which  are 
observed  in  the  higher  courts  may  be  dispensed 


680 


JUDICIAL  DEPARTMENT. 


[18th  day. 


Satui'day,] 


Banks — DeLoxg — Murdock — Brosnan. 


[July  23.  - 


with.  But  ia  the  trial  of  a  cause  involving 
realty,  those  matters  are  essential,  because, 
thouj^h  the  realty  may  not  at  the  time  be  worth 
three  hundred  dollars,  yet,  bye  and  bye,  it  may 
perhaps  be  wortli  a  hundred  tiiousand,  and  then 
the  judgment  rendered  will  become  of  great 
importance.  Around  the  judgments  of  Jus- 
tices of  the  Peace  tiiere  are  no  vouchers  of 
authenticity,  and  nothing  to  atford  security  for 
that  future  regard  and  respect  which  slionld  be 
attached  in  the  minds  of  all  citizens  to  judg- 
ments of  the  courts  practically  affecting  the 
title  to  real  estate. 

I  thinlv  the  amendment  would  be  a  dangerous 
innovation  upon  past  practice.  And  one  thing 
is  certain,  that  if  we  adopt  it,  we  shall  have  to 
revise  this  whole  article,  because  we  have  de- 
clared, for  instance,  in  another  and  preliminary 
section,  that  the  District  Courts  shall  have 
original  jurisdiction — 

"lu  all  cases  iu  equity — also,  in  all  cases  at  law — 
which  iuvolve  the  title  to  or  the  right  of  ijossessiou  of 
real  property,  or  iniuing  claims,  or  the  legality  of  any 
tax,  impost,  assessment,  toll,  or  municipal  fine,  and  in 
all  other  cases  in  which  the  cleuiancl  (exclusive  of  in- 
terest) or  the  value  of  the  property  iu  controversy  ex- 
ceeds three  hundred  dollars." 

Now  if  we  adopt  the  proposed  amendment  in 
this  section,  we  shall  have  to  go  back  and 
amend  the  .other,  and  reconstruct  the  article, 
so  as  to  render  the  whole  harmonious  with  this 
provision.  I  could  not,  myself,  support  it  in 
such  a  form. 

Mr.  BANKS.  I  have  watched  the  progress 
of  the  consideration  of  this  article  witii  a  good 
deal  of  interest ;  and,  sir,  it  seems  to  me  that  I 
have  observed  a  disposition  to  throw  all  the 
business  possilde  into  the  District  Courts,  how- 
ever trivial  it  may  be,  and  leave  as  little  as  pos- 
sible in  the  hands  of  the  Justices  of  the  Peace. 
I  concede  the  correctness  of  the  proposition 
of  the  gentleman  from  Storey,  (Mr.  DeLong,) 
that  all  matters  involving  the  title  to  real  es- 
tate should  be  left  with  the  District  Courts, 
but  I  thiulv  we  can  very  properly  make  a  dis- 
tinction between  the  right  of  occupying,  and 
the  title  to  real  estate.  For  example,  suppose 
that  A  enters  upon  IVs  property,  not  by  pro- 
cess of  law,  l)ut  forcibly  ;  wliy  not  leave  the 
question  of  whether  he  did  so  enter  or  not  to 
be  decided  by  a  Justice  of  the  Peace?  If,  how- 
ever, a  matter  involving  the  title  to  real  estate 
appears  in  tiie  case,  then,  like  the  gentleman 
from  Storey,  I  would  be  in  favor  of  transferring 
it  to  a  Court  of  Record.  When  the  simple 
question  to  be  determined  is — Did  A  go  and 
enter  upon  the  premises,  and  hold  possession  in 
a  manner  not  according  to  law?  I  do  not  .see 
wiiy  it  cannot  be  left  to  a  Ju-tice  of  the  Peace, 
ami  I  would  like  to  have  that  done. 

.Mr.  DkLOXG.  Then,  if  that  is  to  be  done, 
we  have  a  few  minutes  ago  declared  a  very 
great  humbug. 

Mr.  .ML'RDOCK.  While  speaking  of  the 
practices  of  other  States,  I  will  ask  the  gentle- 
man from  Storey  (.Mr.  DeLong)  if  he  is  not 
aware  of  the  fact  that  in  California  mining] 


claims,  and  matters  concerning  them,  are  left 
to  be  regulated  by  the  miners'  meetings,  and 
tliey  have  the  right  to  dispose  of  them,  and  to 
dispossess  tliose  who  do  not  conform  to  their 
rules,  and  can  hold  the  possession?  They  have 
also  often  been  levied  upou  and  sold  under  jus- 
tices' executions,  issued  from  the  ofiBces  of  Jus- 
tices of  the  Peace. 

Mr.  DeLONG.  In  tlie  mining  communities 
they  have  frequently  taken  possession,  but  the 
exercise  of  such  a  power,  on  the  part  of  Jus- 
tices of  the  Peace,  is  not  recognized  by  legis- 
lation. 

Mr.  BR03NAN.  On  the  contrary,  in  Cali- 
fornia Justices  of  the  Peace  have  jurisdiction 
I  in  actions  of  forcible  entry  and  unlawful  de- 
!  tainer,  and  they  have  undertaken  to  exercise 
! jurisdiction  touching  mining  claims;  but  the 
j  Supreme  Court  has  declared  that  notwithstand- 
I  ing  jurisdiction  was  given  them  in  cases  of  for- 
I  cible  entry  and  unlawful  detainer,  they  could 
exercise  no  jurisdiction  in  respect  to  the  pos- 
session of  mining  claims. 

Mr.  DeLONG.     That  is  the  law  there. 

A  Member.     Time  ! 

Mr.  DeLONG.  I  hope  I  may  be  allowed  a 
minute  more. 

The  CHAIRMAN.  If  there  is  no  objection, 
the  gentleman  will  proceed. 

Mr.  DeLONG.  Now,  sir,  we  have  taken  par- 
ticular pains,  as  a  committee,  and  the  Conven- 
tion has  already  ratified  our  action  on  that,  to 
deprive  Justices  of  the  Peace  of  jurisdiction  in 
cases  of  forcible  entry  and  unlawful  detainer, 
and  for  this  reason — that  if  we  give  them  such 
jurisdiction  in  this  State,  we  shall  find  them 
clothed  with  authority  to  determine  who  shall 
have  the  immediate  possession  of  property 
worth  hundreds  of  thousands  of  dollars.  You 
cannot  limit  the  amount,  for  it  goes  to  the 
form,  and  applies  to  anything  where  the  entry 
is  forcible  and  the  detainer  unlawful.  I  assure 
the  gentleman  from  Huni!)oldt  (Mr.  Banks)  that 
there  is  no  disposition  on  the  part  of  the  Com- 
mittee to  throw  all  the  business  we  can  into  the 
District  Courts.  On  the  contrary,  I  was  op- 
posed, as  well  as  some  others,  to  the  limitation 
of  the  jurisdiction  of  justices  of  the  peace  to 
three  hundred  dollars,  and  we  reported  the  sec- 
tion without  a  limitation,  against  the  remon- 
strance of  those  who  wished  to  limit  it.  I  had 
no  objection  to  giving  them  jurisdiction  to  the 
extent  of  four  hundred  dollars,  but  the  propo- 
sition to  fix  the  limit  at  three  hundred  dollars 
finally  prevailed,  and  I  compromised  by  letting 
down  to  three  hundred. 

The  question  here  is.  Shall  we  give  Justices 
of  the  Peace  jurisdiction  in  cases  affecting  the 
title  to  realty,  or  not?  The  gentleman  from 
Humboldt  says  he  would  like  to  give  them  ju- 
risdiction in  regard  to  the  right  of  possession, 
outside  of  forcible  entry  and  unlawful  detain- 
er ;  but  the  right  of  possession  is  title,  because 
the  right  of  po.s.session  is  vested,  either  in  .some 
party  holding  the  fee,  or  in  a  lessee.  I  say  we 
have  got  to  do  the  one  thing  or  the  other  ;  we 


18th  day.] 


JUDICIAL  DEPARTMENT. 


681 


Saturday,]  Banks— DeLoxg — Collins— Johnson— Crawford — Kennkdy — Dl'nne,  etc.  [July  23. 


must  either  pass  the  section  as  we  have  it  now, 
or  adopt  this  amendment,  and  then  go  back 
and  revise  the  whole  article,  because  we  have 
expressly  taken  away  the  jurisdiction  of  justices 
in  forcible  entry  and  unlawful  detainer,  and  also 
in  equity,  so  that  this  proposed  change  would 
necessitate  corresponding  changes  throughout 
the  whole  article.  I  think  the  only  proper 
place  to  try  questions  of  possession,  or  title  to 
realty,  is  in  the  District  Court,  because  around 
the  proceedings  of  that  Court  are  thrown  that 
degree  of  solemnity  and  perpetuity  which 
alone  can  give  character  and  standing  to  judi- 
cial decisions. 

Mr.  BANKS.  Suppose  a  question  arises  in 
regard  to  a  party  holding  possession  of  a  house, 
possession  having  been  obtained  under  a  lease, 
and  the  lease  having  expired  ?  Would  you 
take  that  to  the  District  Court  ? 

Mr.  DeLONG.  That  would  be  a  right  of 
possession  in  common  law.  The  case  would 
depend  upon  the  law  in  regard  to  landlords  and 
tenants.  Justices  of  the  Peace  have  also  juris- 
diction in  actions  between  landlords  and  ten- 
ants, but  even  that  is  by  a  special  provision, 
and  is  contrary  to  the  common  law  rule.  If 
the  tenant  holds  over,  in  violation  of  the  pro- 
visions of  his  lease,  under  the  common  law  the 
landlord  must  bring  his  action  of  ejectment. 
But,  at  present,  under  our  Territorial  Statutes, 
we  have  to  proceed  under  the  action  of  unlaw- 
ful detainer. 

Mr.  COLLINS.  I  do  not  know  really  how 
we  stand  here  in  regard  to  the  past,  but  it 
seems  to  me  that  we  are  not  bound  to  fol- 
low in  the  gray  footsteps  of  the  past — that  in 
framing  this  Constitution,  and  in  organizing  a 
new  State,  we  are  not  bound  to  be  governed 
and  controlled  by  all  the  legal  technicalities 
that  have  existed,  or  been  established,  in  all  the 
old  States.  I  have  great  respect  for  the  insti- 
tutions of  the  past,  whenever  those  institutions 
are  such  as  to  commend  themselves  to  my  judg- 
ment ;  but  when  I  examine  them  fully  and 
fairly,  in  the  light  of  their  bearing  upon  the 
rights  of  men,  I  think  I  have  a  right,  and  I  be- 
lieve it  is  the  right  of  every  other  member,  to 
pronounce  upon  them  according  to  his  convic- 
tions, regardless  of  the  precedents  of  the  past. 
I  have  yet  to  be  made  to  understand  clearly. 
Mr.  Chairman,  what  peculiar  sacredness  there 
is  about  a  mining  claim,  that  although  it  may 
not  be  worth  more  than  ten  or  fifteen  dollars, 
yet  all  litigation  in  regard  to  it  must  be  car- 
ried up  to  a  District  Court,  with  the  increased 
expense  necessarily  attendant  upon  litigation 
in  a  higher  court. 

Mr.  JOHNSON.  I  rise  to  a  point  of  order, 
which  is  this,  that  the  gentleman  has  exceeded 
his  allotted  time.  I  would  not  have  raised  the 
point  under  other  circumstances,  but  the  time 
for  the  recess  is  just  at  hand. 

Mr.  COLLINS.  I  thought  I  had  one  min- 
ute longer  ;  nevertheless  I  yield  the  floor. 

Mr.  JOHNSON.  I  move  that  the  committee 
rise,  report  progress,  and  ask  leave  to  sit  again. 


Mr.  DeLONG.  I  move,  as  an  amendment, 
that  we  rise  and  recommend  the  passage  of  the 
article. 

The  question  was  taken  on  Mr.  DeLong's 
motion,  and  it  was  not  agreed  to. 

The  question  was  taken  on  Mr.  Johnson's 
motion,  and  it  was  agreed  to  ;  and  the  com- 
mittee accordingly  rose. 

IN   CONVENTION. 

The  PRESIDENT  having  resumed  the  chair, 

The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Article  VI.  entitled  Judicial  Department,  had 
made  some  progress  therein,  and  had  instructed 
him  to  ask  leave  to  sit  again. 

The  report  was  accepted,  and  leave  was 
granted  accordingly. 

Mr.  CRAWFORD.  I  move  that  the  time  for 
taking  the  recess  be  extended  until  six  o'clock. 

The  question  was  taken,  and,  upon  a  division, 
the  vote  was — ayes.  2  ;  noes  not  counted.  So 
the  motion  was  not  agreed  to. 

Mr.  KENNEDY.  I  move  that  we  now  take 
a  recess  until  seven  o'clock,  P.  M. 

Mr.  DeLONG.  I  move  that  the  Convention 
adjourn.    That  takes  precedence,  I  believe. 

Mr.  KENNEDY.  Then  I  move  to  amend  so 
as  to  adjourn  until  seven  o'clock  this  evening. 

Mr.  DLTNNE.  I  rise  to  a  point  of  order,  and 
I  will  state  it  very  slowly.  [Merriment.]  It 
is,  that  the  motion  of  the  gentleman  from 
Storey  (Mr.  DeLong)  cannot  be  in  order,  be- 
cause the  time  for  the  recess  has  arrived. 

The  question  was  taken  on  Mr.  DeLong's 
motion  to  adjourn,  and,  upon  a  division,  the 
vote  was — ayes,  S  ;  noes,  10.  So  the  motion 
was  not  agreed  to. 

The  hour  for  the  recess  (half-past  five  o'clock) 
having  arrived. 

The  PRESIDENT  declared  the  Convention 
at  recess  until  seven  o'clock  this  evening. 

EVENING  SESSION. 

The  Convention  reassembled  at  seven  o'clock, 
P.  M.,  and  was  called  to  order  by  the  Presi- 
dent. 

Mr.  BELDEN.  Inasmuch  as  there  is  no  quo- 
rum present,  I  move  that  the  Convention  ad- 
journ to  meet  at  nine  o'clock,  Monday  morning. 

Mr.  CHAPIN.  Oh,  no  !  I  move  a  call  of  the 
House. 

CALL   OF  THE   HOCSE. 

The  m.otion  to  adjourn  not  being  seconded — 

The  question  was  taken  on  Mr.  Ghapin's  mo- 
tion that  there  be  a  call  of  the  House,  and  it 
was  agreed  to. 

The"  roll  was  called,  and  the  following  mem- 
bers responded  to  their  names  :  Messrs.  Banks, 
Belden.  Brosnan.  Chapin,  Crosman.  Dunne,  Fri- 
zell,  Gibson,  Hawley,  Kennedy,  Kinkead.  Ma- 
son, Proctor.  Tagliabue,  Wetherill,  and  Mr. 
President — 16. 

On  motion  of  Mr.  CHAPIN,  the  Sergeant-at- 


682 


JUDICIAL  DEPARTMENT. 


[18th  day. 


Saturday,] 


Ghapin — Chairman — Johnson — Collins. 


[July  23. 


Arms  was  directed  to  arrest  and  bring  in  mem- 
bers who  were  absent  without  leave. 

Messrs.  McClinton.  Collins,  Murdock.  Craw- 
ford. DeLoug.  and  Parker,  severally  appeared, 
stated  their  excuses,  and  were  allowed  to  take 
their  seats. 

On  motion  of  Mr.  CHAPIN.  (a  quorum  being 
in  attendance.)  further  proceedings  under  the 
call  wei'e  dispen.sed  with. 

JUDICIAL   DEPARTMENT. 

Mr.  CHAPIN.  I  move  tliat  the  Convention 
go  into  Committee  of  the  Whole  for  the  further 
consideration  of  the  Article  on  the  Judicial 
Department. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

COMMITTEE    OF   THE    WHOLE. 

The  Convention  accordingly  resolved  itself 
into  Committee  of  the  Whole,  (Mr.  Chapin  in 
the  chair.)  and  resumed  the  consideration  of 
Article  VI,  entitled  Judicial  Department. 

JCIUSDICTION   OF   JUSTICES    OF   THE    PEACE. 

The  CHAIRMAN.  The  question  before  the 
committee  is  upon  an  amendment  offered  by  the 
gentleman  from  Washoe,  (Mr.  Nourse.)  to  Sec- 
tion 8,  relative  to  Justices  of  the  Peace,  the 
amendment  being,  as  subsequently  modified,  to 
insert  after  the  words  "  duties  and  responsibil- 
ities,'" the  following : 

".Justices  of  the  Peace  shall  have  jurisdiction  in  all 
civU  cases  at  law,  wherein  the  amount  in  controversy 
does  not  exceed,  exclusive  of  interest,  the  sum  of  three 
hundred  dollars,  except  as  herein  otherwise  provi- 
ded." 

To  that  the  gentleman  from  Storey  (Mr.  Col- 
lins) was  understood  to  offer  a  further  amend- 
ment ; — the  chair  does  not  recollect  the  exact 
words. 

Mr.  JOHNSON.  I  hope  the  gentleman  from 
Storey  (Mr.  Collins)  will  have  an  opportunity 
of  concluding  his  remarks.  lie  had  the  floor 
when  the  article  was  last  under  consideration, 
and  I  was  under  the  necessity  of  calling  him  to 
order,  because  the  time  had  nearly  arrived  for 
the  recess. 

The  CHAIRMAN.  If  there  is  no  objection, 
the  gentleman  from  Storey  (Mr.  Collins)  will 
have  leave  to  proceed. 

Mr.  COLLINS.  In  order  that  I  may  have 
something  to  speak  to,  I  suppose  it  is  necessa- 
ry that  I  should  present  ray  amendment  in  writ- 
ing. 

Mr.  JOHNSON.  There  is  no  necessity  of 
formally  offering  any  amendment ;  the  whole 
subject  is  open  for  consideration,  under  the 
amendment  proposed  by  the  gentleman  from 
Washoe  (Mr.  Nourse.) 

Mr.  COLLINS.  Mr.  Chairman,  we  are  now 
considering,  in  my  estimation,  one  of  the  most 
im|)ortaut  articles  that  has  come  before  this 
body,  and  I  am  very  sorry  that  it  should  have 
been  among  the  last;  subjects  presented  for  the 
action  of  the  Convention,  for  it  is  a  matter  of 


too  great  moment  to  be  passed  by  lightly.  The 
whole  of  this  article  is  comparatively  novel  in 
its  leading  features.  There  are  a  great  many 
things  in  it  which  I  heartily  endorse,  and  there 
are  some  things  in  it  which  I  consider  unneces- 
sarily hard  upon  the  class  of  smaller  litigants. 
The  fact  is,  tliat  our  judicial  system  has  been 
framed  more  with  a  view  to  providing  fur  the 
trial  and  determination  of  important  cases,  than 
with  regard  to  the  much  more  numerous  class 
of  cases  of  an  inferior  grade. 

My  colleague,  (Mr.  DeLong,)  for  whose  judg- 
ment upon  all  legal  matters  I  entertain  very 
great  respect,  has  objected  to  my  proposition 
to  give  jurisdiction  to  Justices  of  the  Peace  in 
cases  affecting  real  estate,  as  well  as  other 
property,  where  the  value  in  controversy  does 
not  exceed  three  hundred  dollars,  whether  the 
title  be  involved  or  not;  and  he  brings  into  the 
argument  to  sustain  his  opposition  the  old  doc- 
trine, which  may  pass  current  among  unthink- 
ing men,  which  may  be  good  enough  for  those 
who  are  willing  to  be  governed  by  the  author- 
ity of  precedents,  but  which  is  not  good  among 
men  who  are  iu  the  habit  of  thinking  for  them- 
selves ;  namely,  that  the  proposition  I  have 
submitted  is  contrary  to  the  usage  of  all  the 
States  in  the  Union.  Well,  let  us  admit  that 
it  is,  for  the  sake  of  the  argument — although  I 
would  prefer  to  have  the  gentleman  demon- 
strate that  fact,  if  it  be  a  fact — yet  what  of  it? 
Are  we,  here,  bound  to  follow  in  the  wake  of 
other  States?  Why  should  not  we  show  that 
we  are  possessed  of  some  originality  ?  Why 
may  we  not  take  hold  of  the  usages  of  the 
past,  analyze  them,  examine  their  constituent 
parts,  and  see  of  what  they  are  made,  why  they 
have  been  established,  and  what  the  uses  are  to 
which  they  are  put,  and  their  value  to  society 
in  the  jurisprudence  of  one  condition  and  stage 
of  progress,  as  contrasted  with  the  jurispru- 
dence of  another  condition  and  another  stage 
of  progress. 

Now  my  colleague  talks  about  the  sacred- 
ness  and  solemnity  that  must  he  thrown  around 
the  judicial  system  in  respect  to  every  thing 
which  concerns  the  holdingof  title  to,  transfer- 
ring and  possessing  of  real  estate.  Sir,  if  the 
gentleman  will  examine  the  present  system  in 
regard  to  real  estate,  and  then  go  back  and 
compare  it  with  the  old  baronial  system  of 
England,  from  which  it  sprung,  and  mark  the 
periods  when  those  larger  estates  gradually  be- 
came absorbed,  passing  into  the  hands  of  ten- 
ants, and  ultimately  into  the  hands  of  free- 
holders, he  will  find  tliat  vast  changes  have 
been  made  in  respect  to  the  transferring  of  es- 
tates. The  difference  between  the  old  system 
and  that  of  the  present  day  is  as  great  as  that 
between  ligiitand  darkness,  although  the  change 
has  been  so  gradual  that  you  may  defy  aiij'  man 
to  point  out  the  precise  time  when  it  happened. 
The  system  wliich  was  suited  to  one  stage  of  so- 
cial development  was  not  such  as  was  suited  to 
the  next  stage,  and  consequently  raodilications 
and  changes  have  been  in  progress  up  to  the 


18th  day.] 


JUDICIAL  DEPARTMENT. 


683 


Saturday,] 


DeLong — Collins — Tagliahue — Johnson — Murdock. 


[July  23. 


preseat  day.  The  time  was  formerly  when  men 
might  carry  their  title-deeds  in  their  pockets,  or 
keep  them  in  secretaries,  or  in  cases  made  ex- 
pressly for  the  purpose  ;  but  in  more  modern 
times  there  has  been  introduced  the  system  of  re- 
cording, by  which  it  is  advertised  to  all  men 
that  A  owns  so  and  so.  and  B  owns  so  and  so,  the 
system  adaptiog  itself  to  a  more  advanced  stage 
of  progress,  and  so  lessening  the  difficulty,  risk, 
and  expense  which  was  formerly  attendant  up- 
on transfers  of  real  estate.  Thus  progressive 
steps  have  been  taken  from  time  to  time,  until 
we  have  at  present  a  system  far  better  adapted 
to  the  wants  of  modern  society  than  was  the 
old  baronial  system,  or  even  the  modified  sys- 
tem as  it  existed  at  later  periods  of  time. 
There  are  books  which  tell  us  about  the  laws  of 
primogeniture  and  entail,  which  were  once  fast- 
ened upon  society,  and  even  found  their  way 
to  this  continent,  but  which  happily  no  longer 
exist  among  us. 

Why,  sir,  there  are  a  hundred,  if  not  a  thou- 
sand things,  that  have  at  one  time  or  another 
been  adopted  and  incorporated  into  State  Con- 
stitutions, but  from  which,  to-day,  my  colleague 
would  shrink.  It  is  but  a  few  years  since  that 
it  was  scarcely  tolerable  anywhere  to  talk 
against  the  system  of  slavery.  That  institution 
was  regarded  as  something  too  sacred,  even  to 
be  named.  Yet  now  we  have  a  whole  nation 
that  from  the  Cimmerian  darkness  of  slavery, 
has,  by  one  elastic  bound,  vaulted  into  the  broad 
light  of  universal  emancipation.  Then  why 
cannot  this  one  step  in  the  march  of  improve- 
ment be  taken  ?  AVhy  cannot  the  Legislature 
throw  all  the  guards  that  are  necessary  around 
the  inferior  courts,  even  providing,  if  it  is 
deemed  advisabb,  that  a  judgment  affecting 
title  to  lands  shall  be  entered  upon  the  books 
of  the  Recorder?  We  can  leave  it  in  the  power 
of  the  Legislature  to  throw  all  the  guards  that 
are  necessary  around  such  proceedings,  so  as 
to  insure  all  the  sacreduess  and  solemnity  that 
gentlemen  may  desire.  I  believe  the  Legisla- 
ture already  has  full  power  to  meet  the  exigency, 
and  were  I  a  member  of  a  legislative  body,  I 
think  I  would  find  no  difficulty  iu  framing  such 
a  law. 

But  this  is  what  I  regard  as  the  important 
point :  Why  should  we  take  from  the  smaller 
courts  all  the  business  of  any  importance,  and 
carry  it  up  to  the  higher  courts,  where  the  ex- 
pense and  time  involved  is  so  great  as  to  be 
virtually  a  denial  of  justice  to  the  parties  liti- 
gant? I  am  speaking  now  in  regard  to  suits 
for  small  houses  and  lots,  such  as  may  be  worth 
perhaps  no  more  than  two  hundred,  two  hun- 
dred and  fifty,  or  three  hundred  dollars.  If  I 
own  such  a  house  or  lot,  and  another  man  claim 
it,  though  he  may  have  no  title  whatever,  must 
I  be  forced,  in  order  to  defend  my  right,  to 
carry  the  matter  up  to  the  higher  court,  there 
to  wait  two  years,  perhaps,  before  it  is  reached, 
and  to  pay  in  costs  of  litigation  four  times  as 
much,  it  may  be,  as  the  property  is  worth?  I 
ask  if  gentlemen  would  impose  such  a  bui'den 


upon  the  poorer  classes  of  the  community, 
whenever  they  desire  to  go  into  the  courts  to 
seek  for  justice? 

Mr.  DeLONG.  Does  the  gentleman  wish  to 
incorporate  a  provision  giving  jurisdiction  to 
Justices  of  the  Feace  in  forcible  entry  and  un- 
lawful detainer,  where  the  amount  involved  is 
not  worth  more  than  three  hundred  dollars? 
Or  does  he  desire  to  allow  them  to  have  juris- 
diction iu  all  cases  where  the  value  is  not  over 
three  hundred  dollars? 

Mr.  COLLINS.  I  claim  that  jurisdiction 
siiould  be  given  to  Justices"  Courts  upon  all 
questions  affecting  the  right  of  property,  of 
any  kind,  where  the  value  does  not  exceed 
three  hundred  dollars. 

Mr.  DeLONG.    You  mean  in  actions  at  law? 

Mr.  COLLINS.  Certainly.  I  see  no  reason 
why,  if  a  justice  is  capable  of  deciding  iu  an 
action  of  assumpsit,  he  may  not  also  take  the 
testimony  and  balance  evenly  the  scales  of 
justice  in  an  action  of  this  kind.  If  he  can 
decide  justly  between  man  and  man  in  the  one 
case,  he  can  in  the  other.  If  I  bring  suit  for  a 
horse,  the  title  may  be  as  complicated  as  it 
would  be  for  a  house  or  lot,  and  yet  if  the 
horse  does  not  exceed  three  hundred  dollars  in 
value,  the  matter  may  pass  in  review  before  a 
Justice  of  the  Peace,  and  no  one  complains. 
I  would  like  to  understand  what  the  distinction 
is  between  a  horse,  and  a  house,  or  lot,  of  the 
same  value.  At  the  present  time  it  is  in  ac- 
cordance with  the  genius  of  our  institutions 
that  every  possible  inducement  should  be  held 
out  to  encourage  our  citizens  in  the  securing 
of  homesteads,  in  town  lots  and  farms,  because 
just  in  proportion  as  they  become  interested 
in  the  soil  do  they  manifest  a  permanent  inter- 
est in  the  State. 

Mr.  TAGLIABUE.  I  rise  to  a  question  of 
order,  that  the  gentleman  has  exceeded  his 
time.     He  has  spoken  twelve  minutes  already. 

Mr.  JOHNSON.  But  my  motion  was  to  give 
him  sufficient  time  to  conclude  his  remarks,  and 
it  was  agreed  to  by  unanimous  consent. 

Mr.  COLLINS.  I  do  not  wish  to  bore  the 
Convention.  I  will  now  offer  my  amendment, 
and  ask  to  have  it  read. 

The  SECRETARY  read  as  follows  : 

Resolved.  That  Section  8,  of  Article  YI,  be  referred  to 
the  Judiciary  Committee,  with  instructions  to  so 
change  the  same  as  to  give  Justices  of  the  Peace  juris- 
diction in  all  cases  where  the  amount  or  the  value  of 
the  property  involved  does  not  exceed  three  himdred 
dollars,  including  the  title  to,  and  the  possession  of, 
real  estate  and  miulug  claims. 

Mr.  DeLONG.  I  suppose  you  mean  the  title, 
and  also  the  right  of  possession. 

Mr.  COLLINS.  That  was  handed  to  me,  and 
I  accept  it  in  place  of  my  amendment. 

Mr.  MURDOCK.  I  do  not  know  as  I  would 
be  able  to  go  quite  so  far  as  my  friend  from 
Storey  (Mr.  Collins)  in  relation  to  extending 
the  jurisdiction  of  Justices  of  the  Peace  ;  but 
this  one  thing  I  have  learned  from  experience, 
that  men  of  the  legal  profession,  and  legisla- 
tors, who  are  profound  jurists,  and  see  much  fur- 


684 


JUDICIAL  DEPARTMENT. 


[18th  day.. 


Saturday,] 


Tagliabue — MuRDOCK — Frizell. 


[July  23. 


thor  than  I  can,  sometimes  fail  to  apply  their 
rules  of  law  practically  to  the  actions  of  men  ; 
and  the  people  are  sometimes  losers  by  having 
too  much  of  law  and  legislation.  I  am  in  favor 
of  giving  to  Justices  of  the  Peace  a  sufficient 
amount  of  power  and  jurisdiction.  I  would 
like  to  go  so  far  as  to  give  them  jurisdiction  in 
the  matter  of  the  right  of  possession  and  lease- 
hold, and  full  jurisdiction  in  regard  to  all 
property,  where  the  jurisdiction  of  the  higher 
court  would  not  reach  the  same  property. 

I  recollect  the  time  of  the  first  discovery  of 
gold  in  California,  when  the  subject  was  agita- 
ted in  that  State,  as  to  what  course  ought  to  be 
adopted  by  Congress,  or  by  the  Legislature,  to 
regulate  the  right  of  possession  of  mining 
claims,  and  I  know  it  was  finally  agreed  upon 
by  the  people  of  California  that  the  proper  way 
was  to  leave  it  to  the  people  living  in  the 
mines,  and  consequently  knowing  better  than 
anybody  else  their  own  wants  and  necessi- 
ties, to  make  such  rules  and  regulations  as  they 
required,  in  order  to  govern  themselves.  This 
the  mining  people  did,  and  I  believe  I  was  one 
among  the  first  of  them.  I  was  not  learned 
and  able  in  the  law,  but  I  have  since  had  about 
ten  years  experience  myself,  in  one  way  or 
another,  either  as  a  defendant  or  plaintiff,  and 
I  have  associated  with  lawyers  so  much  that  if 
I  had  been  an  apt  scholar,  I  might,  in  fact,  have 
become  a  good  lawyer,  without  any  reading. 
But,  to  my  sorrow,  I  have  sometimes  come 
across  thick,  muddy-brained  lawyers,  that  could 
not  apply  their  legal  knowledge  to  the  actions 
of  men  in  every-day  life. 

I  hope  that  in  this  article  we  shall  so  arrange 
the  matter  of  jurisdiction  that  in  small  cases 
men  may  obtain  justice  without  incurring  great 
expense.  There  are  a  great  many  small  cases 
coming  up,  as  everybody  knows,  in  little  com- 
munities, in  which  it  would  he  a  great  burden 
to  compel  the  parties  to  go  to  a  higher  court 
than  that  of  a  Justice  of  the  Peace.  If  we  give 
them  jurisdiction  in  all  cases  under  three  hun- 
dred dollars,  then  anybody  who  is  dissatisfied 
with  a  decision  of  a  Justice's  Court,  may  take 
his  appeal.  We  may  however  get  Justices  of 
the  Peace  intelligent  enough  to  make  a  correct 
decision  where  the  case  is  plain  and  simple,  and 
when  we  get  such  a  man.  he  may  entertain 
hopes  aYterwards  of  being  chosen  to  sit  on  the 
bench  of  tlie  higher  court.  I  know  that  if  he 
should  happen  to  be  sucli  a  man  his  elevation 
would  not  expand  his  brain  much,  but  still  it 
would  give  him  more  power  by  enlarging  his 
jurisdiction.  All  I  want  is  the  adoption  of 
some  provision  for  the  ciieap  and  speedy  dispo- 
sition of  these  small  cases  whicii  so  frequently 
arise.  For  instance :  A  owes  15  fifty  or  a 
hundred  dollars,  and  B  has  no  way  of  getting  it, 
perhaps,  except  by  attaching  A's  property.  In 
such  a  case  he  ought  not  to  be  compelled  to  go 
to  the  District  Court. 

I  know  of  instances  in  my  county,  where,  in 
consequence  of  having  no  court  there,  men 
have  suffered  wrong  without  making  any  at- 


tempt to  secure  redress.  Sometimes  men  have 
gone  upon  the  land  of  other  men  and  cut  hay, 
with  revolvers  at  their  side  while  at  work,  and 
the  owners  could  get  no  relief  If  they  were 
to  obtain  a  restraining  order,  Avhat  would  be 
the  result?  AVhy,  both  parties  would  be  equally 
restrained,  and  the  property  would  then  be  in 
the  custody  of  the  law,  so  that  it  could  not  be 
touched  by  eitlu'r  ;  and  in  such  a  case,  how 
much  would  it  l)e  worth  by  the  time  of  the 
meeting  of  the  court  next  winter?  By  that 
time  the  hay  would  be  worth  precious  lit- 
tle. Now  I  say  we  want,  and  I  insist  upon  the 
necessity  of  having,  a  more  extended  jurisdic- 
tion of  our  Justices'  Courts,  and  I  think  the 
ends  of  justice  will  thereby  be  promoted.  It  is 
true  that  a  great  deal  of  business  would  in  that 
way  be  taken  out  of  the  higher  courts,  but  if 
we  should  happen  to  select  for  Justice  of  the 
Peace  a  blockhead,  without  sense  enough  to 
decide  between  right  and  wrong,  in  these  petty 
cases,  the  parties  interested  could  carry  their 
cases  up.  The  decision  of  a  Justice  of  the 
Peace  is  not  final :  you  can  appeal  in  a  case  in- 
volving twenty  dollars,  as  well  as  in  a  larger 
case,  I  suppose.  I  hope  this  Convention  will 
leave  our  constitution  in  such  a  shape  that  the 
Legislature  can  in  the  future  arrange  the  mat- 
ter of  the  jurisdiction  and  power  of  the  courts 
in  such  manner  as  will  best  meet  the  wants  of 
the  people  in  each  county. 

Mr.  TAGLIABUE.  The  gentleman'^  time  is 
up,  Mr.  Chairman. 

Mr.  MURDOCK.  Very  well ;  I  am  willing 
to  talk  to  time,  although  I  have  not  occupied 
so  much  of  the  time  of  the  Convention  as  some 
other  members. 

Mr.  FRIZELL.  I  was  not  present  when  this 
proposition  was  first  mooted,  or  when  the 
amendment  was  first  submitted  to  the  commit- 
tee ;  nevertheless,  I  think  I  understand  it  .suffi- 
ciently. I  have  no  doubt  that  in  some  respects 
it  is  an  innovation  to  give  jurisdiction  to  Jus- 
tices of  the  Peace  for  the  trial  of  title  to  realty, 
but  I  have  known  in  the  course  of  the  session 
of  this  Convention,  other  acts  to  be  accom- 
plished, other  rules  to  be  established  by  us, 
which  were  no  less  innovations.  We  have  been 
attempting  to  frame  a  Constitution  to  suit  our 
own  peculiar  wants,  and  we  have  not  regarded 
old  rules  and  wise  saws,  but  have  rather  adapted 
our  constitutional  provisions  to  our  own  situ- 
ation and  requirements. 

Now  the  question  resolves  itself  into  this  :  Is 
it  safe,  or  is  it  not,  for  a  man  to  go  before  a  Jus- 
tice of  the  Peace,  with  the  right  of  trial  by 
jury,  which  men  will  certainly  have  in  all  cases, 
to  have  anything  tried  in  his  court  affecting 
either  real  or  personal  property,  where  the 
value  does  not  exceed  three  hundred  dol- 
lars? If  the  proceeding  is  safe,  then  I  think 
that  every  member  will  admit  that  we  should 
say — "Away  with  precedents  and  old  forms, 
that  stand  in  the  way,"  because  it  will  most  as- 
suredly be  an  accommodation  to  the  people. 
There  can  be  no  doubt  of  that.    I  sui^po-se  that 


ISth  day.] 


JUDICIAL  DEPARTMENT. 


685 


Saturday,] 


DeLong — Frizell^Brosxan — Johnson — Collins. 


[July  23. 


every  member  understands  the  proposition  as  I 
have  stated  it.  If  we  can  feel  safe  in  going 
into  a  Justice's  Court  to  try  an  amount  of  three 
hundred  dollars,  with  the  right  of  trial  by  jury, 
and  the  subsequent  right  of  appeal,  then  in  my 
opinion,  this  proposed  amendment  is  a  good 
one. 

Then,  again,  so  far  as  relates  to  the  stability 
of  the  matter,  by  means  of  a  permanent  record, 
I  think  there  can  be  no  valid  objection  raised, 
for  every  lawyer  very  well  knows  that  although 
the  Justices'  Courts  are  not  Courts  of  Record  ; 
nevertheless  you  can  take  a  transcript  in  any 
case  from  the  docket,  and  enter  and  record  it 
on  the  docket  of  the  District  Court. 

Mr.  DeLONG.    For  what  purpose  ? 

Mr.  FlilZELL.     For  any  purpose. 

Mr.  BROSNAN.  For  the  purpose  of  making 
a  lien,  for  example. 

Mr.  FRIZELL.  At  any  rate,  that  which  I 
have  stated  is  the  most  important  point,  and  if 
there  be  anything  lacking,  the  Legislature  can 
surely  till  up  the  vacuum. 

Now  I  started  out  by  saying  that  this  was 
to  some  extent  an  innovation,  but  I  will  state 
in  that  connection  that  from  1850  to  185G,  Jus- 
tices of  the  Peace  in  the  State  of  California 
tried  the  right  and  title  to  mining  claims,  re- 
gardless of  their  value. 

Mr.  JOHNSON.  Not  the  title  ;  only  actions 
of  forcible  entry  and  unlawful  detainer,  in 
which  title  is  not  involved. 

Mr.  DeLONG.  They  took  jurisdiction  in  the 
early  days  of  anything  they  had  a  mind  to. 

Mr.  JOHNSON.  Such  were  not  even  under 
the  forms  of  law. 

Mr.  FRLZELL.  T  will  say  this,  that  trials  of 
the  right  and  title  to  property,  and  tlie  adjudi- 
cation of  the  rights  of  men  in  that  respect, 
were  brought  about  sooner,  and  generally  in  a 
more  satisfactory  manner,  than  they  have  been 
since,  in  that  State.  I  think  that  this  amend- 
ment is  a  good  one,  because  it  will  relieve  the 
District  Courts  and  prevent  their  being  over- 
crowded. Gentlemen  have  been  remarkably 
anxious  to  procure  the  establishment  of  District 
Courts,  and  now  I  want,  if  possible,  to  relieve 
them  from  an  overpressure  of  business.  I  am 
willing  to  go  before  a  Justice  of  the  Peace  and 
try  title  to  an  amount  of  three  hundred  dollars, 
and  that  will  relieve  the  District  Courts,  which 
are  otherwise,  by  technical  rules,  the  only 
Courts  in  which  title  can  be  tried. 

Mr.  BROSNAN.  I  am  willing  to  go  as  far 
as  any  member  in  the  advocacy  of  any  specific 
line  of  policy,  even  though  it  may  be  new,  pro- 
vided I  can  see  my  way  clear.  I  have,  however, 
upon  this  question,  not  only  my  own  experience 
to  guide  me,  but  also  the  experience  of  the 
jurists  and  legislators  of  former  times,  in  all 
the  old  States  of  the  L'nion,  and  I  find  that  in 
nearly,  if  not  quite  all  of  the  older  States,  this 
particular  jurisdictional  power  is  inhibited  to 
Justices  of  the  Peace.  And  I  will  say  frankly, 
here,  that  there  is  one  species  of  jurisdiction 
which  I  think  we  might  properly  entrust  to 


those  officers,  but  not  perhaps  to  the  extent 
that  has  been  advocated  by  my  colleagues  who 
have  just  now  addressed  the  committee.  The 
jurisdiction  to  which  I  allude,  is  where  the  re- 
lation of  landlord  and  tenant  exists  between 
the  parties  in  a  suit.  We  might,  perhaps,  with 
safety,  grant  such  jurisdiction,  Ijut  beyond  that 
I  think  the  experiment  would  be  very  dan- 
gerous. 

Here,  let  me  remark  that  it  is  not  correct  to 
say  that  any  decision  by  a  Justice  of  the  Peace, 
touching  the  question  of  the  right  of  posses- 
sion to  mining  grounds,  has  ever  been  tolerated 
in  the  State  of  California  by  any  judicial  tri- 
bunal speaking  authoritatively  in  that  State. 
On  the  contrary,  I  state  it  as  a  fact,  that  wher- 
ever Justices  of  the  Peace  have  assumed  to  act 
touching  that  species  of  property  known  as 
mining  claims,  as  soon  as  the  question  was 
taken  to  the  Supreme  Court  that  tribunal  de- 
clared Justices'  Courts  had  no  jurisdiction.  And 
even  in  that  case  the  statutes  of  the  State  had 
given  to  Justices  of  the  Peace  jurisdiction  in 
actions  of  forcible  entry  and  unlawful  detainer. 

Again,  one  of  the  most  complicated  branches 
of  legal  science  is  that  which  relates  to  the  in- 
vestigation of  title  to  real  property,  and  it 
makes  no  difference  whether  such  property  be 
of  small  or  of  great  value,  so  far  as  relates  to 
the  correctness  of  a  decision,  because  it  may 
not  be  worth  more  than  one  hundred,  or  three 
hundred  dollars,  or  it  may  be  worth  thirty  thou- 
sand dollars  ;  and  yet  a  decision  in  the  one 
case  involves  the  consideration  of  questions  as 
nice,  as  delicate,  and  as  intricate,  and  requiring 
as  much  of  legal  learning  and  acumen,  as  in 
the  other.  It  matters  not,  therefore,  whether 
the  property  involved  be  worth  only  two  or 
three  hundred  dollars,  or  be  of  ten-fold  more 
value.  Hence,  legislators  hitherto  have  thought, 
in  their  wisdom,  that  this  class  of  judicial  offi- 
cers, being  generally  men  who  have  not  been 
educated  in  the  ab>»truse  science  of  convey- 
ancing, and  the  investigation  of  titles  to  real 
estate,  who  ha^e  not  been  so  trained  as  to  ren- 
der them  competent  to  deliver  enlightened 
judgments  upon  questions  of  that  kind,  upon 
which  those  who  are  most  learned  in  the  law 
sometimes  differ,  ought  not  to  be  intrusted  with 
such  jurisdiction.  And  there  is  no  good  rea- 
son, in  my  judgment,  Mr.  Chairman,  why  we 
should  give  them  jurisdiction  over  questions 
of  this  kind,  in  cases  where  the  property  in- 
volved is  of  no  more  value  than  three  hundred 
dollars,  any  sooner  than  we  would  give  it  to 
them  if  it  were  worth  three  hundred  thousand 
dollars,  because  it  is  not  the  value  of  the  prop- 
erty, but  the  nature  of  the  questions  to  be  de- 
cided, that  should  be  taken  into  consideration  ; 
and  as  much  legal  knowledge  and  skill  are  re- 
quired for  a  correct  decision  in  the  one  case  as 
in  the  other. 

Mr.  COLLINS.    1  am  free  to  admit  that. 

Mr.  BROSNAN.  Then  1  have  to  say  again 
that  my  friend  and  colleague,  whom  I  so  high- 
ly regard,  for  whom  I  entertain  the  most  pro- 


686 


JUDICIAL  DEPARTMENT. 


[18th  day. 


Saturday,] 


Fkizell — Brosxan — Johnson. 


[July  23. 


found  sentiments  of  respect,  and  whose  heart 
is  always  right,  has,  in  my  judgment,  com- 
mitted an  error  of  the  head  on  this  ques- 
tion. He  desires  to  give  this  jurisdiction  to 
Justices  of  the  Peace,  because  he  thinks  that 
it  opens  the  field  of  legal  controversy  to  the 
humble  and  the  lowly— thai  it  will  be  cheaper 
for  them,  in  the  vindication  of  their  legal 
rights.  I  will  say  that  I  believe  that  to  be 
practically  a  mistake,  for  in  the  whole  course 
of  my  legal  practice  and  experience  I  have  ne- 
ver known  a  question  of  this  character,  involv- 
ing the  right  of  possession  to  real  property,  to 
be  commenced  before  a  Justice  of  the  Peace, 
that  was  not  ultimately  appealed  to  a  higher 
court.  No  matter  what  the  amount  in  contro- 
versy may  be,  in  every  case  it  is  sure  to  be 
carried  np  by  appeal.  Therefore,  if  you  give 
this  power  to  Justices'  Courts,  aside  from  what 
I  have  already  advanced,  you  have  this  further 
objection,  that  you  are  thereby  multiplying, 
increasing,  aggravating  the  expense  and  co.sts 
to  be  paid  in  tlie  end  by  the  loser. 

The  CHAIRMAN.  The  gentleman's  time  has 
expired. 

Mr.  FRIZELL.  There  seems  to  be  between 
my  resijected  colleague  (Mr.  Brosnan)  and  my- 
self an  apparent  question  of  veracity.  I  said 
that  in  California  for  a  number  of  years,  ques- 
tions aifecting  the  right  to  mining  claims  were 
allowed  to  be  tried  by  Justices  of  the  Peace. 
Now  my  colleague,  I  understand,  says  that  is 
not  correct 

Mr.  BUOSNAN.  I  beg  the  gentleman's  par- 
don ;  I  said  that  if  they  did  try  them  they  were 
never  taken  to  the  Supreme  Court  but  what 
they  were  overthrown  by  that  Court,  on  the 
question  of  jurisdiction. 

Mr.  FRIZELL.  The  history  of  that  matter 
is  this  :  Miuing  claims  were  held  in  an  uncer- 
tain way  in  California  for  a  number  of  years, 
and  it  was  not  till  1855  or  185(j  that  they  were 
considered  as  having  assumed  the  nature  of 
realty.  I  know  that  for  four  or  five  years  the 
right  to  mining  claims  was  tried  in  Justices' 
Courts,  because  I  have  tried  them  myself.  I 
have,  as  a  Justice  of  the  Peace,  issued  writs  of 
restitution,  and  put  men  in  possession  of  claims 
worth  ten  thousand  dollars. 

Mr.  JOHNSON.  I  am  opposed  to  the  amend- 
ment, but  not  for  the  reason  that  .Justices  in 
California  did  or  did  not  have  this  jurisdiction, 
nor  do  I  know  that  it  makes  any  difference 
with  us  whether  such  jurisdiction  has  been  con- 
ferred in  other  States  or  not.  I  do  not  oppose 
it  merely  because  it  is  in  opposition  to  the 
usages,  as  they  have  been  settled,  and  the  Con- 
stitutional features  as  they  have  prevailed  in 
other  States,  for  I  am  as  ready  and  willing  as 
any  other  member  of  the  Convention  to  adopt 
new  propositions,  whenever  I  think  they  will 
be  productive  of  benefit.  But  when  a  change 
is  proposed  which  is  radical  in  its  character, 
and  which  does  not  in  my  judgment  give  an 
earnest  of  some  resulting  beiu'fit,  but  on  the 
contrary,  to  my  mind;  is  fraught  with  much  of 


evil,  I  do  not  think  it  necessary  to  invoke  the 
precedents  of  other  States  in  order  to  find  rea- 
sons for  my  opposition,  as  I  find  it  in  the  sub- 
ject matter  itself.  And  so  it  is  in  this  instance. 
Sir,  there  are  several  good  and  suflBcient  rea- 
sons why  we  should  not  confer  on  Justices  of 
the  Peace  jurisdiction  to  the  extent  proposed. 
One  of  them  has  already  been  suggested  by 
the  gentleman  from  Storey,  (Mr.  Brosnan,) 
namely,  that  in  a  case  where  the  amount  in 
controversy  does  not  exceed  three  hundred 
dollars,  if  it  involve  a  question  of  title  to 
realty,  as  much  judicial  learning  and  ability 
are  required  for  its  correct  determination  as  if 
the  amount  involved  were  tens  of  thousands 
of  dollars.  Now  I  would  be  pleased  to  learn, 
from  the  observation  and  experience  of  gen- 
tlemen who  are  advocating  this  amendment, 
about  what  proportion,  among  those  who, 
in  a  new  country,  are  generally  found  oc- 
cupying positions  as  Justices  of  the  Peace, 
would  in  fact  be  competent  to  pass  upon  those 
difticult  questions?  And  admitting  that  they 
have  some  legal  understanding — although  ev- 
ery one  must  concede  that  they  do  not  always 
understand  even  the  elementary  principles  of 
law — yet,  to  pursue  the  inquiry  still  further, 
how  many  of  them  will  be  found  to  have  even 
the  mental  capacity  to  understand  propositions 
of  such  nature  when  presented  ? 

Now  as  to  the  matter  of  capacity  and  fitness 
for  place,  if  that  were  the  only  consideration 
for  our  guidance,  I  would  very  much  prefer  to 
reduce  the  limit  of  jurisdiction  considerably 
below  the  figure  which  has  been  fixed  upon  by 
the  report  of  the  Judiciary  Committee,  and 
also  to  diminish  still  further  the  classes  of  cases 
in  which  Justices  of  the  Peace  may  exercise 
jurisdiction.  But  there  is  something  more  to 
I  be  considered,  and  that  is,  the  convenience 
I  of  the  people.  I  am  therefore  willing,  in  or- 
I  der  to  give  the  people  all  proper  facilities 
in  the  matter  of  litigation,  particularly  where 
they  reside  in  communities  at  considerable  dis- 
tance from  the  county  seats,  where  the  District 
Courts  are  held,  to  confer  upon  Justices  of  the 
Peace  jurisdiction  to  the  amount  of  three  hun- 
dred dollars,  except  in  cases  involving  realty. 

But  there  are  other  reasons  besides  the  mere 
incapacity  of  nine-tenths  of  those  who  usually 
are  incumbents  of  tiiis  office,  why  land  cases 
and  mining  suits  should  be  without  their  juris- 
diction. For  example,  in  a  mining  suit,  the 
party  bringing  the  action  may  allege  in  his 
complaint  that  the  property  does  not  exceed  in 
value  three  hundred  dollars,  but  the  defendant 
may  be  very  reluctant  to  admit  the  correctness 
of  such  valuation.  The  plaintiff  may  be  con- 
tent to  make  oatli  that  it  is  not  worth  more  than 
three  hundred  dollars,  yet  we  know  that  there 
is  great  variance  of  opinion  as  to  the  value 
of  property,  and  especially  so  in  relation  to  min- 
ing claims,  and  other  realty.  That  which  you, 
as  plaintiff,  may  be  willing  to  swear  is  not 
worth  three  hundred  dollars,  I,  as  defendant, 
may  be  equally  as  conscientious  in  swearing 


18th  day.] 


JUDICIAL  DEPARTMENT. 


687 


Saturday,] 


Johnson — Coixixs — DeLong — Frizeix — Wetherill. 


[July  23. 


that  the  same  property  is  worth  ten-fold  that 
amount,  as  in  the  case  adverted  to  by  the  gen- 
tleman from  Storey,  (Mr.  DeLong.)  We  have 
known  inBtances  in  this  Territory  of  prop- 
erty, which  for  a  long  time  might  not  exceed  in 
vafue  a  sum  which  would  place  the  subject  mat- 
ter within  the  jurisdiction  of  Justices  of  the 
Peace,  under  this  amendment,  but  which  in  a 
few  months  has  risen  in  value  a  hundred  fold. 
And  yet,  perchance,  if  by  this  amendment  a 
Justice  of  the  Peace  has  authority  conferred 
to  try  causes  in  regard  to  such  class  of  proper- 
ty, he  might,  before  its  rise  in  value,  award  it 
to  one  claimant,  although  soon  afterwards  it 
might  so  greatly  enhance  in  value  as  to  place 
it  beyond  the  jurisdiction  of  a  Justice's  Court. 

These  are  the  primary  objections  in  my  mind, 
to  the  proposed  amendment. 

The  CHAIRMAN.  The  gentleman's  time  is 
up.     ["Go  on,  go  on!"] 

Mr.  JOHNSON.  I  will  not  avail  myself  of 
the  courtesy  of  members,  so  as  to  infract  the 
rule  of  the  committee  relative  to  the  limitation 
of  speeches,  for  when  occupying  the  chair,  I 
intend  to  hold  every  member  to  a  strict  obser- 
vance of  the  rule. 

Mr.  COLLINS.  If  the  committee  will  in- 
dulge me  one  moment.  I  merely  want  to  say  one 
or  two  words  in  regard  to  the  proposition  of  my 
excellent  friend  and  colleague,  (.Mr.  Brosnan,) 
which  is  indorsed  by  the  gentleman  from  Orms- 
by,  (Mr.  Johnson,)  to  the  effect  that  as  much 
legal  knowledge  and  talent  is  required  to  de- 
cide in  regard  to  property  in  real  estate,  when  it 
only  amounts  to  three  hundred  dollars,  as  when 
it  amounts  to  thirty  thousand  dollars.  I  admit 
it.  We  are  perfectly  parallel  and  harmonious 
in  our  views  upon  that  point.  And  I  think 
those  gentlemen  will  also  agree  with  me  when 
I  say  that  it  requires  as  much  legal  knowledge 
and  ability  to  decide  a  case  of  assumpsit,  the 
property  concerned  being  in  wheat,  corn.  wood, 
or  anything  else,  where  the  amount  is  only 
three  hundred  dollars,  as  it  di:es  where  the 
amount  is  thirty  thousand  dollars. 

Mr.  JOHNSON.  I  enter  a  disclaimer  on  my 
own  part.  I  maintain  that  the  law  of  realty  is 
more  intricate  and  difficult  than  the  law  of 
personal  property. 

Mr.  COLLINS.  But  that  has  no  bearing  on 
my  proposition.  I  propose  that  Justices  of  the 
Peace  shall  have  jurisdiction  in  all  cases  within 
the  limitation  of  three  hundred  dollars,  includ- 
ing real  estate  and  mining  claims,  and  I  see  no 
good  reason  why  the  limitation  should  have 
reference  to  value  in  one  class  of  cases,  and  not 
in  another.  In  California,  Justices  of  the  Peace 
attempted  to  exercise  jurisdiction  in  these  mat- 
ters. l)ut  the  subject  was  brought  before  the  Su- 
preme Court,  and  their  action  was  decided  un- 
constitutional. That  is  exactly  what  we  want 
to  prevent  here.  The  necessity  of  the  times 
demanded  that  the  Justices'  Courts  in  Califor- 
nia should  have  such  jurisdiction,  and  the 
courts  acted  upon  such  demand.  I  contend 
that  the  same  necessity  exists  here. 


Mr.  DeLONG.  Let  me  suppose  a  case  of 
this  sort :  A  suit  is  commenced  ))efore  a  Justice 
of  the  Peace  for  a  mining  claim,  and  the  plain- 
tiff avers  that  the  value  is  less  than  three  hun- 
dred dollars.  The  defendant  does  not  deny 
that  averment,  and  the  case  goes  to  trial.  One 
party  or  the  other,  of  course,  wins,  and  then 
the  case  goes  to  the  District  Court  on  appeal, 
but,  pending  the  appeal,  the  property  increases 
in  value  to  thirty  thousand,  or  even  three  hun- 
dred thousand  dollars.  The  District  Court  finds 
error,  and  consequently  remands  the  case. 
Then  would  my  colleague  have  the  case,  in- 
volving thirty  thousand,  or  three  hundred 
thousand  dollars,  tried  before  a  Justice  of  the 
Peace  ?  If  not,  what  does  he  think  should  be 
done  in  such  a  case  ? 

Mr.  COLLINS.  I  think  it  w^ould  be  a  very 
lucky  thing  tor  the  one  who  obtained  the  prop- 
erty. [Merriment.]  I  really  do  not  see  the 
point  of  my  colleague's  question. 

Mr.  DeLONG.  The  question  is,  who  should 
try  the  case? 

j  _   Mr.  FRIZELL.    The  defendant  could  bring 
it  up  to  the  District  Court  by  writ  of  certiorari. 
Mr.  COLLINS.     It  may  be  difhcult  for  me  to 
I  answer   satisfactorily   all    the   questions    that 
'  might  be  propounded  by  my  colleague,  or  other 
'  gentlemen,  and  it  would  be  difficult  for  almost 
'  any  man  to  answer  every  question  that  gentle- 
;  man  might  see  fit  to  propound.     But  that  does 
;  not  aftlct  the  merits  of  the  argument,  and  I  am 
)  speaking  here  in  behalf  of  what  I  conceive  to 
be  a  great  principle.    I  enter  my  protest  against 
i  the  adoption  in  our  Constitution  of  such  a  pro- 
'  vision,  that  if  a  man  has  a  claim   to  real  estate 
'  of  the  value  of  fifty  dollars,   it  will  cost  him 
'  four  times  its  value  to  get  it  settled.     I  enter 
I  my  protest  against  the  reasoning  of  gentlemen 
I  on    that  point.     They  may  be  able  to  see  the 
j  applicability  of  their  arguments  and  illustra- 
[  tions,  but  I  do  not  see  it.     I  know  that  profes- 
sional men  must  have  an  eye  to  precedent  and 
past  usage,  and  naturally  place  reliance  upon, 
I  and  attach  great  value  to,  such  things  ;  but  I 

I  stand  here  outside  of  all  those  influences,  and 

I I  .say  that,  though  this  may  be  an  innovation, 
\  in  my  judgment  the  way  is  clear  to  make  such 
I  an  innovation. 

j      Mr.  WETHERILL.     So  far  as  relates  to  the 
I  objection  regarding  the  difficulty  of  a.^ccrtain- 
I  ing  the  value  of  property  in  controversy,  that 
objection  may  appear  good  and  valid  on  its 
face,    at   first   sight,  but   I   do  not   believe  it 
'  will  stand  a  close  examination.     For  instance, 
[  when  you  have  a  suit  which  brings  in  contro- 
versy the  price  of  a  horse,  in  a  Justice's  Court, 
i  the  first  duty  of  the  Justice,  if  the  question  of 
jurisdiction  be  raised,  is  to  ascertain  tbe  amount 
''  in  controver.sy.     The  statutes  and  decisions  of 
I  California  will  show  that  to  be  the  case.  Then  if 
the  plaintiff  makes  his  election  as  to  the  Court  in 
which  he  will  try  the  case,  and  does  not  wish  to 
!  bring  his  action  in  the  higher  court,  but  waives 
'  his  right  to  do  so,  that  gives  jurisdiction  to 
I  the  Justice's  Court ;   although   the   horse  may 


688 


JUDICIAL  DEPARTMENT. 


[ISth  day. 


Saturday,] 


B.^KS — DeLong. 


[July  23. 


be  really  worth  a  thousand  dollars,  yet  if 
the  party  sues  in  a  Justice's  Court,  and  the 
matter  is  decided  there,  he  can  only  recover 
three  hundred  dollars ;  that  is  conclusive  and 
final,  so  far  as  he  is  concerned.  Consequently 
that  objection,  it  seems  to  me,  must  fall  to  the 
ground. 

Now  let  us  take  this  matter  of  town  lots. 
There  are  numerous  instances  in  Aurora  of 
controversies  in  regard  to  town  lots,  the  value 
of  which  is  perhaps  from  ten  or  fifteeu  up  to  one 
hundred  dollars.  Are  we  going  to  force  men 
into  the  higher  courts  in  cases  of  that  sort  ? 
To  do  that  is  tantamount  to  saying  to  the  plain- 
tiff: ••  You  cannot  have  justice  in  the  courts." 
If  men  must  go  and  spend  five  times  the  amount 
of  their  property  in  order  to  defend  it,  they 
are  effectually  barred  out  of  the  courts,  and 
we  may  as  well  say  to  them  at  once  :  ''Arm 
yourselves  and  defend  your  property,  because 
if  you  depend  upon  judicial  decisions  it  will 
cost  you  five  times  its  value." 

The  question  was  taken  on  the  resolution  of- 
fered by  Mr.  Collins,  and  on  a  division  the  vote 
T^v^as — ayes,  9  ;  noes,  10.  So  the  resolution  was 
not  agreed  to. 

Mr.  BANKS.  I  move  that  the  committee 
rise  and  report  Article  VI  back  to  the  Conven- 
tion, with  the  following  resolution  by  way  of 
recommendation  : 

liesoliM'd,  That  Article  VI  be  referred  to  the  Judi- 
ciary Comiuittee,  witii  instructions  to  so  amend  the 
same  as  to  give  to  Justices  of  the  Peiu-f  jiirisdiction  in 
all  cases  of  forcible  entry  and  iiulawfiil  detainer,  and 
mechanics'  liens,  where  the  amount  iuvoived  does  not 
exceed  thi'ee  hundred  dollars. 

The  question  was  stated  on  the  motion  that 
the  committee  rise  and  recommend  the  adop- 
tion of  the  resolution. 

Mr.  BANKS.  It  is  now  quite  evident,  Mr. 
Chairman,  that  this  Convention  is  indisposed 
to  give  jurisdiction  to  Justices  of  the  Peace,  in 
cases  where  the  title  to  real  estate  is  involved. 
but  actions  of  forcible  entry  and  unlawful  de- 
tainer do  not  necessarily  involve  the  title  to 
real  estate.  As,  for  example,  suppose  I  go  uj)- 
on  another  man's  property,  as  in  the  case  al- 
luded to  l)y  the  gentleman  from  Churchill,  (Mr. 
Murdock,)  and  proceed  to  cut  hay,  or  do  any 
other  act  of  the  kind,  refusing  to  allow  the 
owner  of  the  property  to  enjoy  it,  it  is  but 
right  that  the  owner  of  the  property  should 
have  some  speedy  remedy,  Ijy  the  application 
of  whicli  I  may  be  ejected.  And  in  a  suit  for 
that  purpose,  it  is  not  necessary  to  liring  up  the 
question  of  the  title  at  all ;  the  only  (juestion  in- 
volved between  the  owner  and  myself  l>eing, 
did  I.  or  did  I  not,  go  there  unlawfully  and 
take  from  him  unlawfully  the  use  and  enjoy- 
ment of  that  property  ?  And  I  claim  that  liie 
man  who  is  competent  to  exercise  the  ordinary 
functions  of  a  Justice  of  the  Peace  is  quite 
comi)etent  to  decide  that  question. 

Then  again,  there  are  other  cases  which  may 
properly  be  decided  ))y  a  Justice  of  the  Peace. 
For  example,  a  man  owns  a  Ijuilding  which 
may  not  be  very  valuable,  and  he  rents  it,  but 


when  the  time  for  which  he  rented  it  expires, 
the  tenant  refu.ses,  on  some  quibble,  perhaps, 
to  give  it  up,  or  refuses,  it  may  be,  to  pay  the 
rent.  Is  it  right  that  in  such  a  case  a  man 
should  be  forced  into  the  District  Court,  with 
all  the  attendant  costs,  requiring  the  services 
of  a  lawyer  to  prosecute  his  case,  in  order  to 
prove  what  may  be  the  plainest  proposition 
conceivable  ?  I  say  it  is  unfair,  and  some  more 
speedy  means  should  be  provided.  In  many 
such  cases  it  would  be  the  rankest  injustice  to 
force  a  man  into  a  District  Court,  where  he 
may  have  to  wait  a  year,  if  there  is  a  crowded 
calendar,  and  then  have  no  remedy  by  which 
he  can  obtain  the  back  rents  because  the  de- 
fendant may  have  nothing  on  which  he  can  se- 
cure payment.  I  hope  the  article  will  be 
amended  so  that  cases  of  this  character,  as  well 
as  mechanics'  liens,  where  the  amount  iuvoived 
does  not  exceed  three  hundred  dollars,  will  be 
referred  to  Justices  of  the  Peace,  and  that  men 
will  not  be  forced  to  go  to  suc^i  expense  in  lit- 
igation that  justice  will  practically  be  denied. 

Mr.  DeLONG.  It  appears  to  me  that  in  at- 
tempting to  do  this  thing,  gentlemen  are  fall- 
ing into  an  error  which  they  are  unable  or 
unwilling  to  recognize.  Now  I  ask  the  careful 
attention  of  tlie  gentleman  from  Ilumboldt, 
(Mr.  Banks,)  as  he  is  an  exceedingly  earnest 
man.  Suppose  we  confer  jurisdiction,  as  he 
proposes,  to  the  extent  of  three  hundred  dol- 
lars, in  cases  of  mechanics'  liens.  There  may 
be  one  mechanic  who  claims  a  lien  of  only  three 
hundred  dollars,  and  he  brings  his  suit  before 
a  Justice  of  the  Peace.  But  the  law  requires 
that  all  other  parties  holding  liens  on  that 
property,  when  he  commences  to  foreclose, 
shall  come  forward  and  present  their  claims, 
and  it  is  a  principle  of  equity  that  the  first 
claimant  shall  be  estopped  from  proceeding 
until  all  the  other  claims  are  united  with  his. 
Consequently,  there  are  several  men  having 
liens,  to  the  amount  of  ten  thousand  dollars, 
perhaps,  on  the  same  building.  They  cannot 
present  that  case  in  a  Justice's  Court,  because 
the  court  cannot  render  a  judgment  for  such 
an  amount — and  what  are  you  going  to  do  ? 
It  is  evident  that  you  cannot  settle  it  by  one 
suit,  and  consequently  you  must  permit  a  mul- 
tiplicity of  suits.  Suppose  we  engraft  in  the 
article  the  provision  which  the  gentleman  sug- 
gests, what  is  to  be  done  in  a  case  where  there 
is  one  lien  of  ten  thousand  dollars,  and  another 
of  three  hundred  dollars?  Both  liens  must  be 
paid,  and  the  proper  way  is  to  have  them  all 
come  in  together,  that  the  chancellor  may  make 
his  decree  in  such  manner  that  full  and  fair 
ecpiity  nuiy  be  done  to  all ;  but  under  this  pro- 
vision, the  three  hundred  dollar  man  would  be 
obliged  to  go  off  and  commence  suit  on  his 
own  hook.  It  would  certainly  increase  the 
diHiculties  in  the  vvay  of  obtaining  justice  for 
the  poor  man. 

Now  take  the  case  referred  to  by  the  gentle- 
man from  Aurora,  (Mr.  AVetherill.)  lie  speaks 
of  the  expense  of  trying  these  three  hundred 


ISth  day.] 


JUDICIAL  DEPARTMENT. 


689 


Saturday,] 


Wetherill — DeLoxg— Frizell — Banks. 


[July  23. 


dollar  cases  in  a  District  Court ;  but  if  that 
argument  is  a  good  one,  then  why  not  increase 
the  jurisdiction  of  Justices'  Courts  to  five  hun- 
dred dollars?  It  is  just  as  much  a  hardship  to 
be  conppelled  to  go  into  the  District  Court  with 
a  case  involving  five  hundred  dollars,  as  one 
involving  only  three  hundred  dollars. 

Mr.  WETHERILL.  My  object  is  to  provide 
for  cheap  litigation  for  poor  men,  who  have 
not  the  means  to  go  into  the  higher  courts. 

Mr.  DeLONG.  I  think,  on  the  contrary,  that 
you  are  injuring  that  very  class  of  men,  by 
driving  them  into  an  incompetent  court,  where 
they  will  be  likely  to  employ  incompetent  at- 
torneys. The  gentleman  says  the  expense 
would  be  greater  in  the  District  Courts,  but  I 
do  not  believe  it  would  be  as  great  in  the  end. 
The  fees  would  be  about  the  same.  The  gen- 
tleman from  Humboldt,  (Mr.  Banks.)  tells  us 
that  before  a  Justice's  Court  a  man  may  prove 
his  own  case,  while  he  would  have  to  hire  coun- 
sel in  the  District  Court ;  but  why  can  he  not 
conduct  his  own  case  before  the  more  enlight- 
ened judge  just  as  well?  He  would  be  just  as 
competent  to  conduct  it  in  the  District  Court 
as  in  the  lower  court — and  if  he  desired  to  do 
so,  he  would  most  decidedly  be  allowed  that 
right. 

And  there  is  another  point  which  my  col- 
league (Mr.  Collins)  does  not  recognize,  which 
is  this :  Suppose  you  commence  a  suit  for  a 
three  hundred  dollar  lot.  It  is  only  worth  that 
amount  when  suit  is  brought,  and  the  Justice 
of  the  Peace  tries  it,  deciding  for  the  plaintiff, 
or  for  the  defendant — no  matter  which  ;  the 
party  defeated  appeals,  and  during  the  interval, 
while  the  appeal  is  awaiting  the  action  of  the 
higher  court,  the  property  rises  to  be  worth 
thousands  of  dollars.  The  District  Court  then 
determines  that  there  was  error,  and  sends  the 
case  back.  The  District  Judge  does  not  try 
the  case  de  novo,  but  decides  only  that  error 
occurred  in  the  court  below,  and  tlje  case  is  re- 
manded for  a  new  trial.  It  then  goes  back  to 
the  Justice's  Court,  and  the  justice  is  called 
upon  to  decide  a  case  involving  property  to 
the  amount,  pei  haps,  of  thirty  thousand  dollars. 
And  his  dtcisiou  must  involve  rules  and  prin- 
ciples, in  regard  to  realty,  which  the  law  stu- 
dent always  finds  to  be  the  most  intricate  and 
difficult  portions  of  the  science.  Actions  of 
assumpsit,  and  classes  of  cases  of  that  charac- 
ter, are  the  simpler  portions  of  the  practice 
of  law ;  but  the  moment  the  student  enters 
upon  the  study  of  realty,  of  deeds,  convey- 
ances, leasehold  deeds,  leases,  and  tenure,  he 
enters  the  great  world  of  legal  knowledge — 
that  vast  storehouse  of  information  of  a  legal 
character,  handed  down  from  the  past — the 
whole  of  which  no  one  man  on  earth  is  capable 
of  compassing  singly.  And  every  one  knows 
how  often  men  are  elected  Justices  of  the 
Peace,  without  regard  to  their  legal  knowledge, 
but  only  by  reason  of  their  prominence  as  citi- 
zens ;  and  hence  it  is  that  they  are  very  rarely 
competent  to  mete  out  justice  in  one  of  those 
A  18 


intricate  cases,  and  to  render  a  judgment  that 
would  be  worthy  to  stand,  as  it  should  do,  a 
muniment  of  title  for  all  time  to  come. 

Mr.  FRIZELL.  I  wish  to  ask  my  colleague 
a  question.     Is  a  mechanic's  lien  transferable? 

Mr.  DeLONG.  Yes,  sir.  By  a.ssigning  the 
account,  you  assign  the  lien.  So,  if  you  indorse 
a  promissory  note  over  to  me,  the  note  being 
secured  by  a  mortgage,  I  become  the  owner  of 
the  mortgage  bv  virtue  of  holding  the  note. 

The  CHAIRAIAN.  The  gentleman's  time  is 
exhausted. 

Mr.  BANKS.  If  I  may  be  allowed  one  min- 
ute, that  is  all  I  require.  I  wish  to  reply  to 
that  portion  of  the  speech  of  the  gentleman 
from  Storey,  (Mr.  DeLong.)  in  which  he  refers 
to  mechanics'  liens,  and  what  would  be  the 
course  of  proceeding  in  such  a  case  as  the  one 
to  which  he  has  referred.  Now  suppose,  for  in- 
stance, that  this  amendment  be  adopted,  and 
one  man  brings  his  suit  under  the  mechanics' 
lien  law,  claiming  that  he  is  entitled  to  receive 
some  amount  less  than  three  hundred  dollars  ; 
then  others  come  in  with  their  claims,  amount- 
ing in  the  aggregate  to  a  sum  which  exceeds 
three  hundred  dollars.  At  the  very  worst,  all 
that  is  then  required  is  to  transfer  the  case  to  a 
court  of  competent  jurisdiction.  Such  has 
been  the  practice  in  California,  and  no  doubt 
it  will  be  in  this  State,  if  we  shall  adopt  this 
proposition. 

Mr.  DeLONG.  But  you  could  not  transfer 
your  case  for  want  of  jurisdiction. 

Mr.  BANKS.  It  may  be  provided  for  bylaw, 
or  we  can  even  adopt  a  provision  in  the  Con- 
stitution, for  transferring  such  cases.  There  is 
no  practical  difficulty  in  the  way,  as  the  gen- 
tleman's legal  knowledge  convinces  him,  I  am 
sure. 

Mr.  FRIZELL.  In  deciding  for  myself  what 
I  came  here  for,  I  have  settled  upon  the  con- 
viction that  it  was  to  accommodate  the  people, 
and  to  make  a  Constitution  that  will  come  as 
near  as  possible  to  doing  justice  to  all  men. 
Now  it  is  really  beautiful,  and  there  is  no  man 
to  whom  it  atibrds  more  gratification  than  to 
me,  to  hear  a  talented  legal  gentleman  like  my 
friend  from  Storey  (Mr.  DeLong)  diving  into 
the  intricacies  of  the  old  common  law,  and 
trying  to  bring  down  that  ancient  lien  to  the 
present  time.  It  is  something  like  Dr.  Bellows' 
lecture  the  other  night.  Of  course  lawyers 
will  endeavor  to  extend  these  liens,  and  to  ad- 
here to  the  precedents  of  the  past,  down  to 
the  end  of  time  ;  but  for  ail  that  you  will 
see  innovations  made  almost  every  year.  And 
I  really  cannot  blame  a  lawyer,  sir  ;  that  is  his 
business.  I  read  law  once  myself,  and  have 
been  admitted  to  the  bar  in  two  States,  but  I 
do  not  think  I  v/ould  ever  make  a  good  lawyer, 
because  1  am  too  honest.     [Laughter.] 

Now  the  resolution  of  my  friend  from  Hum- 
boldt is  to  give  Justices  of  the  Peace  jurisdic- 
tion in  cases  of  forcible  entry  and  unlawful 
detainer,  and  in  mechanics'  liens,  to  the  amount 
of  three  hundred  dollars.    But  then  my  good 


690 


JUDICIAL  DEPARTMENT. 


[18tli  day. 


Saturday,]  DeLoxg — Fkizell — K^innedy — Wetherill — Brosnan — Collins— Johnson.  [July  23. 


friend  from  Storey  (Mr.  DeLong)  gets  up  in  op-| 
position  to  the  resolution,  and  brings  down  up- 1 
on  it  all  the  intricacies  of  the  common  law.  i 
■with  intere^it.  1  cannot  see  the  point.  He  j 
speaks  of  the  case  of  one  man  having  a  lien  of 
ten  thou.-^and  dollars,  and  a  poor  mechanic  hav- 
ing another  at  the  same  time  of  three  hundred. 
Well,  in  that  case,  I  suppose  the  mechanic's 
lien  must  certainly  be  the  tirst. 

Mr.  DkLONG.  Suppose  they  are  both  me- 
chanics' liens  ? 

Mr.  FRIZELL.  lean  see  no  hardship  to  re- 
sult, and  I  do  not  believe  there  is  any,  that 
should  counterbalance  this  accommodation  to 
the  poorer  classes.  And  the  reason  why  1  say 
no  hardship  can  arise  is  this :  I  asked  the  gentle- 
man a  few  minutes  ago  (and  I  had  a  special 
purpose  in  view)  if  a  mechanics'  lien  is  trans- 
ferable, and  he  answered  that  it  is.  Then  sup- 
pose that  a  man  who  has  a  small  lien  on  any 
I)articular  piece  of  property  brings  his  suit  for 
foreclosure.  If  I  hold  a  lien  for  a  larger 
amount  it  may  be  my  misfortune,  but  the  only 
thing  I  have  to  do  is  to  come  up  and  buy  this 
poor  man's  lien.  Now  is  not  that  plain  ?  And 
will  there  really  be  any  hardship  in  it?  I 
think  not. 

Then  as  to  giving  jurisdiction  to  Justices  of 
the  Peace  in  the  action  of  forcible  entry  and 
unlawful  detainer,  that  is  so  plainly  jut^t  and 
proper,  and  so  simple  a  matter,  that  nobody 
seems  to  raise  an  objection  to  it,  and  the 
only  question  will  be  in  regard  to  mechanics' 
liens.  I  hope  the  resolution  will  be  adopt- 
ed, and  the  article  referred  accordingly. 

Mr.  KENNEDY.  I  de.sire  simply  to"  call  at- 
tention to  one  point  in  regard  to  these  cases  of 
forcible  entry  and  unlawful  detainer.  I  have 
really  been  surprised  to  hear  the  gentleman 
from  Humboldt  (Mr.  Banks)  and  the  gentleman 
from  Storey  (Mr.  Frizell)  say  that  those  are 
simple  cases.  Now,  sir,  any  lawyer  will  tell 
you — and  I  am  willing  to  leave  it  to  any  lawyer 
— that  a  case  of  that  character  is  more  difficult 
to  try  than  a  case  of  ejectment  in  the  District 
Court,  because  there  are  nicer  distinctions  to  be 
made,  and  more  careful  rules  are  required,  than 
in  almost  any  casein  ejectment.  And  you  will 
find  that  those  cases,  when  they  are  commenced 
in  Justices'  Courts,  are  invariably  appealed,  so 
that,  instead  of  saving  the  parties  any  expense 
by  such  a  provision,  you  are  really  increasing 
their  expenses.  That  is  the  actual  practical 
result.  1  have  not  known  a  solitary  case  of 
that  character  commenced  in  a  Justice's  Court, 
which  was  not  appealed,  and  I  have  never  seen 
a  Justice  of  the  Peace  yet  who  could  make  cor- 
rect rulings  in  a  case  of  that  kind.  Conse- 
quently, whichever  way  the  decision  goes,  the 
case  is  always  appealed. 

Mr.  WETHERILL.  In  regard  to  this  matter 
of  the  appealing  of  cases,  I  know  that  when 
either  party  is  dissatisfied  with  the  decision, 
he  is  very  apt  to  appeal.  But  which  is  pre- 
feraljle,  in  respect  to  time  and  expense,  to  ap- 
peal a  case  from  a  Justice's  Court  to  another 


court,  in  your  own  county,  or  to  take  an  appeal 
to  the  Supreme  Court,  there  to  be  kept  wait- 
ing, perhaps,  month  after  month,  until  you  de- 
spair of  obtaining  justice  ?  If  you  can  appeal 
the  case  to  the  District  Court  in  your  own 
county,  you  can  have  your  decision  without 
delay,  and  the  expense  must  be  consideral)ly 
less. 

Mr.  BROSNAN.  As  I  said  before,  there  are 
certain  branches  of  which  I  would  like  to  give 
the  jurisdiction  to  Justices  of  the  Peace  :  as,  for 
example,  actions  of  ibrcible  entry  and  unlaw- 
ful detainer,  and  cases  where  the  relation  of 
landlord  and  tenant  exists.  It  seems  to  me 
that  it  may  be  well  to  give  them  jurisdiction  in 
such  cases,  where  force  is  used.  13ut  these  mat- 
ters it  is  practical)le  for  the  Legislature  to  de- 
fine, and  you  will  find  that  you  have  already 
given  the  Legislature  sufficient  power,  by  au- 
thorizing it  to  prescribe  the  duties,  powers,  and 
responsibilities  of  Justices  of  the  Peace. 

Mr.  COLLINS.     I  think  it  cuts  them  off. 

Mr.  BROSNAN.  No,  sir.  It  reads  in  this 
wise  : 

"  The  Legislature  shall  determine  the  miiuber  of 
Justices  of  the  Peace  to  be  elected  in  each  city  and 
township  of  the  .State,  and  shall  fix  by  law  their  pow- 
ers, duties,  and  responsibilities." 

Under  that  clause,  it  seems  to  me,  all  that 
can  be  safely  intrusted  to  Justices  of  the  Peace 
is  left  to  the  Legislature. 

Mr.  JOHNSON.  I  oppose  the  resolution  of- 
fered by  the  gentleman  from  Huml)oldt,  (Mr. 
Banks,)  as  I  think  there  has  already  been  a 
sufficient  expression  of  opinion  by  members  of 
the  Convention  who  are  present,  in  relation  to 
the  propriety  of  enlarging  the  powers  of  Jus- 
tices of  the  Peace,  and  also  for  the  further  rea- 
son that  if  the  article  is  recommitted  to  the 
Judiciary  Committee,  under  this  resolution,  it 
involves  the  necessity  of  altering  and  amend- 
ing several  sections,  some  of  which  have  been 
already  passed  upon.  Gentlemen  exhibit  ex- 
ceeding earnestness  respecting  certain  features, 
and  if  brought  up  again,  controversies  may 
arise  which  will  delay  the  Convention  for  a  day 
or  more,  and  this  most  important  article  will 
then  l)e  left  to  the  last  moment,  to  be.  perhaps, 
hastily  disposed  of  under  such  circumstances 
that  gross  errors  will  be  very  liable  to  occur 
for  want  of  time  to  give  it  proper  s^crntiny ; 
wherefore  much  greater  injury  might  be  occa- 
sioned than  would  be  offsetted  by  any  possible 
advantage  to  be  gained  by  the  proposition  of 
the  gentleman  from  Humboldt,  even  if  we  con- 
cede his  theory  to  be  correct.  For  these  reasons 
I  hope  the  resolution  will  not  prevail. 

Mr.  COLLINS.  It  occurs  to  me  that  the  re- 
marks of  the  gentleman  from  Ormsby  (Mr.  John- 
I  son)  are  hardly  in  point  here.  The  question  is 
I  not  whether  we  have  time,  but  it  is  whether  we 
1  shall  do  an  act  of  very  great  injustice  to  a  very 
large  class  of  our  fellow-citizens.  That  is  the 
I  real  question.  If  we  have  not  time  to  do  this 
to-night,  let  us  take  Monday  for  it.  When  we 
i  came  here  to  frame  a  Constitution,  we  came 


18th  day.] 


JUDICIAL  DEPARTMENT. 


691 


Saturday,]      Johnson— Collins— Brosxan—DeLong—Baxks—Frizell—Kexxedv.        [July  23. 


for  the  purpose  of  doing  our  work  faithfully 
and  thoroughly.  I  did  not  know,  and  I  do  not 
know  now,  that  there  is  any  time  prescribed 
for  finishing  our  work,  and  I  say,  for  myself, 
that  I  would  prefer  to  stay  here  six  months 
rather  than  pass  on  this,  or  any  other  ques- 
tion, with  such  haste  as  to  do  great  injustice  to 
a  large  class  of  people,  and  that  very  class, 
too,  that  most  needs  the  protection  of  the  law, 
if  one  class  can  be  said  to  need  it  more  than 
another.  Must  we  adopt  this  provision  as  it 
stands,  because  the  committee,  forsooth,  have 
reported  it  in  this  form  ?  If  so,  then  why  not 
adopt  the  report  of  the  committee  in  toto,  with- 
out debate  or  amendment,  if  we  have  no  right 
to  examine  their  work? 

Mr.  JOHNSON.  Let  me  see  if  I  understand 
the  gentleman.  I  think  he  errs  in  one  particu- 
lar, for  1  have  not  heard  any  member  defend 
the  report  solely  because  it  emanated  from 
the  committee.  On  the  contrary,  we  have  al- 
ready made  important  changes  in  matters  em- 
braced in  the  report  of  the  committee. 

Mr.  COLLINS.  I  fear  I  may  have  done  some 
injustice  in  that  respect,  and  I  would  regret,  if 
I  know  my  own  feelings,  to  do  injustice  to  any 
one.  I  mean  simply  to  say,  on  this  point,  that 
the  committee  having  made  a  report,  it  is  urged 
as  a  reason  why  we  should  not  alter  it  in  the 
manner  proposed,  that  if  we  do  we  shall  have 
to  undo  something  else.  And  I  say  if  we  have 
done  wrong,  now  is  the  time  to  undo  it.  It  is 
better  for  us  to  repair  the  wrong  now,  although 
it  may  require  time,  than  that  those  who  come 
after  us,  perhaps  for  centuries,  shall  be  groan- 
ing under  burdens  which  we  impose  upon  them. 
Let  us  retrace  our  steps,  and  if  we  have  placed 
anything  in  the  Constitution  that  is  wrong,  let 
us  undo  it  now. 

I  say  again,  that  the  provision  as  it  stands, 
giving  all  tnis  jurisdiction  to  the  District 
Courts,  is  an  act  of  great  injustice,  and  I  do 
not  care  how  learnedly  and  profoundly  gentle- 
men may  spin  out  their  arguments  as  to  the 
value  of  the  intricacies  of  this  law  in  regard  to 
real  estate.  I  remember  reading  in  an  old  book 
called  the  New  Testament,  about  a  certain  sil- 
versmith at  Ephesus,  who  made  silver  shrines 
for  the  worship  of  the  great  goddess  Diana, 
And  when  Paul  and  others  came  around  preach- 
ing the  doctrine  of  Jesus  of  Nazareth,  he  at- 
tempted to  put  a  stop  to  it,  and  for  that  purpose 
he  and  other  men  of  his  craft  assembled  together 
and  cried  out  "  great  is  Diana  of  the  Ephes- 
ians."  And  so  here,  the  members  of  the  legal 
profession  all  at  once  unite  their  voices  in  the 
cry  of  "  great  are  the  intricacies  of  the  profes- 
sion." They  tell  us  that  no  layman  has  power  to 
comprehend  the  wonderful  properties  of  a  title 
to  a  lot  of  six  square  feet  of  ground,  even  though 
it  is  not  worth  three  hundred  dollars  ;  that  all 
these  intricacies  are  necessary  to  be  gone  into 
in  order  to  clear  up  any  clouds  upon  the  title. 
Bah !     [Laughter.1 

Mr.  Chairman,  I  am  not  to  be  frightened  by 
any   of  these   declarations ;   I   am   not   to   be 


driven  from  my  position  by  any  of  these  so- 
phistical arguments  with  which  gentlemen,  by 
virtue  of  their  knowledge  of  the  technical 
terms  of  the  law,  endeavor  to  becloud  our  judg- 
ment. I  am  going,  nevertheless,  to  hold  on 
to  the  great  fact  that  this  constitutional  pro- 
vision in  regard  to  the  jurisdiction  of  Justices 
of  the  Peace,  in  the  form  in  which  it  is  report- 
ed by  the  Judiciary  Committee,  is  going  to  do 
to  the  great  mass  of  litigants  of  the  future 
State  gross  injustice.  In  tlie  future,  therefore, 
and  to  the  last,  I  am  bound  to  support  this  res- 
olution, notwithstanding  the  difficulties  which 
may  be  presented,  and  notwithstanding  all  the 
powers  of  mind,  and  all  the  legal  learning  that 
may  be  thought  to  be  required,  to  enable  a  man 
to  decide  whether  A  has  a  better  right  to  a  lit- 
tle piece  of  ground  than  B. 

The  CHAIRMAN,  Tiie  gentleman's  time  is 
up,    ["  Question,  question !  "1 

Air.  BROSNAN,  If  the  gentleman  will  find 
one  Constitution  in  the  whole  number  of  Con- 
stitutions of  the  States  of  this  Union,  in  which 
the  jurisdiction  of  Justices  of  the  Peace  is  dis- 
tinctly defined,  I  will  agree  to  vote  with  him 
on  tlie  subject.  If  he  will  find  one  Constitu- 
tion within  the  covers  of  this  book  (•■  American 
Constitutions")  that  distinctly  defines  their  ju- 
risdiction, I  will  go  with  him. 

Mr.  DeLONG.     That  book  is  not  authority. 

Mr.  COLLINS.  I  do  not  care  a  fig  whether 
it  be  or  not.     ['■  Question,  question !  "■] 

The  question  was  taken  on  Mr.  Banks's  mo- 
tion, to  rise  and  report  the  article  back  and 
recommend  the  adoption  of  the  resolution  of- 
fered by  him,  and  on  a  division  the  vote  was — 
ayes,  9  ;  noes.  9. 

Mr.  BANKS.     The  Chairman  has  not  voted. 

Mr.  DeLONG.     He  seemed  to  vote. 

The  CHAIRMAN.  In  Committee  of  the 
Whole,  when  there  is  a  tie  vote  the  question  is 
lost.     The  motion  is  therefore  lost. 

Mr.  FRIZELL.  But  there  was  not  a  quorum 
voting. 

Mr.  DeLONG.  It  is  not  necessary  in  com- 
mittee. 

The  CHAIRM.IN.  The  question  now  is  on 
the  amendment  ottered  by  the  gentleman  from 
Washoe,  (Mr.  Nourse.) 

Mr.  JOHNSON,  The  gentleman  from  Washoe 
is  not  here  to  advocate  his  bantling.  I  there- 
fore move  that  the  committee  rise,  report  pro- 
gress, and  ask  leave  to  sit  again, 

Mr,  KENNEDY.  I  move  to  amend  the  mo- 
tion, so  as  to  rise  and  recommend  the  passage 
of  the  article. 

The  CHAIRMAN.  Does  the  gentleman  from 
Orm.sby  accept  that? 

Mr.  .Johnson.  No.  sir.  I  am  opposed  to 
the  article  as  it  stands,  and  intend  to  vote 
against  it  unless  it  is  amended. 

Mr.  KENNEDY.  Let  us  hear  the  amendment 
of  the  gentleman  from  Washoe. 

Mr.  JOHNSON.  I  will  withdraw  my  motion 
for  that  purpose. 

Mr.  KENNEDY.    I  withdraw  mv  amendment. 


692 


SCHEDULE, 


[18th  day. 


Saturday,] 


Johnson — Hawlky — DeLoxg— Dlxxe. 


[July  23. 


The  SECRETARY  read  the  amendment  offer- 
ed by  ^Ir.  Nourse,  as  follows  : 

"  Insert  after  the  word  '  responsibilities, '  in  line  four, 
the  following,'  words  :  '  Justices  of  the  Peace  shall  have 
jmisdiitiun  in  all  civil  cases  at  law,  wherein  the  amount 
in  cDiitriiversy  shall  not  exceed,  exclusive  of  interest, 
the  sum  of  three  hundred  dollars,  except  as  herein 
pro^•idcd. ' ' ' 

Mr.  JOHNSON.  I  think  there  is  some  mis- 
take about  this  amendment  having  been  offered. 

The  CHAIRMAN.  No,  sir ;  that  is  the  amend- 
ment pending-. 

Mr.  IIAWLEY.  I  rise  to  a  question  of  order. 
My  point  is  this,  tliat  the  amendment  is  exactly 
the  equivalent  of  the  proposition  of  the  gentle- 
man from  Storey,  (Mr.  Collins.)  upon  which  the 
Convention  has  already  acted. 

Mr.  DeLONG.  No,  sir  ;  it  is  just  what  the 
section  means  now.  The  amendment  does  not 
alfect  anvthing,  except  the  language. 

The  CHAIRMAN.  The  Chair  rules  the 
amendment  in  order. 

Mr.  DkLONG.  I  move  that  the  committee 
rise.  ve])ort  progress,  and  ask  leave  to  sit  again. 

The  question  was  taken,  and  the  motion  was 
agreed  to  ;  and  the  committee  accordingly  rose. 

IN   CONVENTION. 

The  PRESIDENT  having  resumed  the  chair. 

The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Article  VI,  entitled  Judicial  Department,  had 
made  some  progress  therein,  and  had  instructed 
him  to  ask  leave  to  sit  again  thereon. 

The  report  was  accepted,  and  leave  was 
granted  accordingly. 

^Ir.  DeLONG  moved  (at  a  quarter  before 
nine  o'clock,  P.  M.)  that  tlie  Convention  ad- 
journ. 

The  question  was  taken,  and  upon  a  division 
the  vote  was — ayes,  7  ;  noes,  11.  So  the  Con- 
vention refused  to  adjourn. 

COMMITTEE    OF   THE    WHOLE — SCHEDULE. 

On  motion  of  Mr.  KENNEDY,  the  Convention 
resolved  itself  into  Committee  of  the  Whole, 
(the  Pkksident  remaining  in  the  chair,)  and  re- 
sumed consideration  of  Article  XVHI,  entitled 
Schedule. 

TER.MS   OF   FIRST   STATE   OFFICERS. 

The  SECRETARY  read  Section  7,  as  follows  : 
Sec.  7.  The  term  of  State  officers,  except  judicial, 
elected  at  the  first  election  under  tliis  Coustitution, 
shall  continue  until  the  Tuesday  after  the  first  Mondaj- 
of  .January.  A.  D.  1867,  and  vuitU  the  election  and 
quaUtication  of  their  successors. 

Mr.  DUNNE.  That  is  the  section  which  was 
originally  contained  in  the  article  on  Miscel- 
laneous Provisions,  and  which  the  Convention 
determined  should  be  incorporated  into  the 
Schedule. 

No  amendment  being  olfered,  the  section,  as 
read,  was  adopted. 

TERMS   OF   SENATORS. 

Section  8  was  read,  as  follows  : 

Sec.  8.    The  Senators  to  be  elected  at  the  first  elec- 


tion under  this  Constitution  shall  draw  lots,  so  that 
the  term  of  one-half  thereof,  as  near  as  may  be,  shall 
expire  on  the  day  succeeding  the  general  election  in  A. 
D.  1866,  and  the  term  of  the  other  half  shall  expire  on 
the  day  succeeding  the  general  election  in  A.  D.  18G8  ; 
2iroi'ided,  that  in  drawing  lots  for  all  Senatorial  terms, 
the  Senatorial  representation  shall  be  allotted  so  that 
in  the  counties  having  two  or  more  Senators  the  terms 
thereof  shall  be  di^'ided,  as  near  as  may  be,  between 
the  long  and  short  terms. 

Mr.  DUNNE.  I  will  state  that  this  section 
has  received  a  great  deal  of  consideration  in 
the  committee.  It  was  a  very  difficult  matter 
to  determine  exactly  how  long  a  term  should 
be  allotted  to  the  Senators  tirst  elected,  the  dif- 
ficulty being  to  get  such  an  allotment  of  terms 
that  a  proportionate  number  of  Senators  and 
Assemblymen  should  be  elected  at  each  gen- 
eral election,  during  the  continuance  of  the 
annual  sessions,  and  the  allotment  of  the  terms 
of  Senators  was  dependent  upon  the  Assem- 
bly, as  gentlemen  will  see  when  the  succeeding 
sections  are  reached.  The  desire  of  the  com- 
mittee was,  that  an  election  of  Senators  and 
Assemblymen  might  be  had  in  the  tall,  imme- 
diately preceding  the  incoming  of  another  ad- 
ministration, and,  to  accomplish  that,  various 
terms  were  proposed.  One  proposition  was, 
that  one-half  of  the  Senators  should  hold  office 
for  one  year,  and  the  other  half  lor  three  year.s, 
and  that  then  the  successors  of  the  Senators 
holding  for  one  year  should  be  elected  for 
three  years,  and  thereafter  for  four  years,  bring- 
ing it  out  in  the  end  so  that  at  each  election 
one-half  of  the  Senators  would  be  elected  lor 
four  years.  After  considering  all  the  different 
propositions,  none  of  them  seemed  to  the  com- 
mittee to  meet  the  case  so  well  as  to  provide 
that  the  Senators  first  elected  should  draw  lots, 
one-half  for  the  term  of  two  years,  and  the 
other  half  for  four  years,  and  after  that  all  Sen- 
ators to  be  elected  for  four  years  ;  a  subsequent 
provision  being  made  for  new  Senators. 

Mr.  DeLONG.  There  is  a  little  objection  to 
the  language  of  the  section.  Instead  of  saying- 
one  half  of  the  Senators,  I  think  it  should  be 
made  to  read  "  one  half  of  the  number  of  Sen- 
ators." 

Another  oljjection  to  the  section  which  pre- 
sents itself  to  my  mind  is  this  :  It  provides  that 
the  Senators'  terms  shall  expire  immediately 
after  the  general  election.  That  may  be  in  No- 
vember, or  September,  and  the  Legislature 
convenes  in  January.  Now  under  such  an  ar- 
rangement the  newly  elected  members,  in  case 
of  a  special  session,  would  not  be  entitled  to 
be  qualified  and  take  their  positions.  There- 
fore I  think  it  would  be  better  to  provide  that 
the  terms  shall  only  expire  at  the  time  the  Le- 
gislature convenes.  There  may  be  an  emer- 
gency which  will  require  the  Governor  to  call 
a  special  session  between  the  election  and  the 
regular  time  of  meeting,  and  in  that  event,  one 
half  of  the  Senators  having  gone  out  of  office, 
and  those  (dected  in  their  i)laces  not  being  qual- 
ified to  enter  upon  their  office,  an  insurmount- 
able difficulty  would  be  presented. 

Then  there  is  another  thing  which  has  not 


18th  day.] 


SCHEDULE. 


693 


Saturday,] 


Dunne — DeLoxg — McClinton — Johnson. 


[July  23. 


been  explained,  or  at  least  I  have  not  heard 
the  explanation.  Take  the  case  of  a  county 
which  elects  but  one  Senator :  with  whom 
would  he  draw  lots,  in  order  to  decide  when  he 
shall  go  out  and  the  new  Senator  come  in,  or 
how  long  shall  he  hold  ?  These  matters  have 
not  been  explained  to  me.  and  I  was  not  pres- 
ent in  committee  when  they  were  considered. 

Mr.  DUNNE.  It  is  a  very  simple  matter,  if 
the  gentleman  will  direct  his  attention  to  it. 
There  are  to  be  eighteen  Senators  elected  at 
the  first  election,  and  they  will  draw  lots,  one 
against  another,  so  that  nine  shall  hold  for  two 
years  and  nine  for  four  years,  and  in  the  ar- 
rangement for  drawing  lots  Senators  from  the 
same  county  are  to  be  paired  against  each  oth- 
er, as  far  as  practicable. 

Mr.  DeLONG.  I  am  satisfied  with  the  ex- 
planation on  that  point ;  now  as  to  the  other  ? 

Mr.  DUNNE.  In  regard  to  the  expiration  of 
the  terms,  I  will  state  that  this  is  the  same  pro- 
vision as  that  which  was  contained  in  the  old 
Constitution.  My  attention  has  not  been  called 
to  it  particularly,  but  I  do  not  see  how  there 
can  be  any  very  great  difficulty. 

Mr.  McCLINTON.  Is  there  not  a  provision 
somewhere  that  the  Senators  shall  continue  in 
office  till  their  successors  are  elected  and  qual- 
ified ? 

[Mr.  Kenxedt  in  the  chair.] 

Mr.  JOHNSON.  The  terms  of  Senators  first 
elected  expire  on  the  day  succeeding  the  elec- 
tion of  their  successors,  so  that  at  the  time 
when  their  terms  expire,  the  terms  of  their 
successors  begin.  Thus  there  can  be  no  inter- 
regnum. 

Mr.  DeLONG.  But  it  will  take  some  time  to 
ascertain  who  are  elected. 

Mr.  JOHNSON.  That  will  not  require  a  great 
while.  I  participated  somewhat  in  the  prepar- 
ation of  this  section  in  the  former  Convention, 
and  I  believe  that  some  amendment  was  there 
made  on  my  suggestion.  The  consideration 
which  influenced  my  action  was  to  prevent  any 
abuse  of  power  by  the  Executive  of  the  State 
upon  the  happening  of  just  such  a  contingency 
as  that  which  has  been  mentioned  by  the  gen- 
tleman from  Storey  (Mr.  DeLong.)  In  the 
event  that  the  Governor  should  convene  an 
extra  session  of  the  Legislature,  after  the  regu- 
lar election  has  been  held,  it  is  so  worded  that  it 
can  only  be  those  who  have  last  received  the 
indorsement  of  their  constituents  who  shall  con- 
stitute the  Legislature  at  such  extra  session, 
rather  than  those  whose  terms  will  have  ex- 
pired, having  been  elected  the  year  before. 
The  object  is  to  prevent  the  Executive,  if  so 
disposed,  (as  he  possibly  might  be  in  case  of 
some  radical  revulsion  in  the  political  ele- 
ments of  the  State,)  from  convening  the  former 
members  of  the  Legislature  in  extra  session, 
it  may  be  for  the  purpose  of  electing  a  United 
States  Senator,  thus  anticipating  the  convening 
of  the  regular  session  of  the  Legislature.  If 
the  old  body  were  called  together  its  members 
might  be  induced  to  repudiate  the  recently  ex- 


pressed will  of  their  constituents,  and  so  a 
great  wrong  against  the  wishes  of  the  people 
would  be  perpetrated. 

The  provision  as  it  now  stands  relative  to 
the  expiration  of  terms,  places  it  i>ractically 
out  of  the  power  of  the  Governor  to  convene 
a  session  of  the  Legislature  composed  of  the 
discarded  elements.  That  is  to  say.  if  he  shall 
convene  an  extra  session  between  the  time  of 
the  election  and  that  of  the  assembling  of 
the  regular  session  of  the  Legislature,  it  must 
be  composed  of  those  who  come  fresh  from  the 
the  peoplt^.  As  embraced  in  my  proposition, 
the  terms  of  the  new  Senators  should  com- 
mence on  the  day  that  the  terms  of  the  former 
expired,  and  further,  that  that  time  should  be 
immediately  after  the  day  of  election.  It 
would  be  a  very  rare  circumstance  indeed  that 
there  should  arise  a  public  exigency  requiring 
a  session  of  the  Legislature  within  a  less  time 
than  ten  days  after  the  election,  and  that  is  the 
time  ordinarily  fixed.  I  believe,  both  in  this- 
Territory  and  in  California,  within  which  the« 
canvassing  of  the  votes  for  members  of  thei 
Legislature  occurs,  and  certificates  are  issued! 
to  the  persons  elected.  We  can  scarcely  antici- 
pate any  such  extraordinary  public  necessity 
as  would  call  for  the  convening  of  the  Legisla- 
ture between  the  day  of  the  election  and  the 
time  when  the  canvassing  of  the  votes  would 
be  completed. 

Mr.  DeLONG.  It  is  admitted,  then,  that  there 
may  be  an  interval  of  ten  days'  time,  during 
which  nobody  knows  who  are  members  of  the 
Legislature.  Now,  in  California,  thirty  days 
are  allowed  for  receiving  the  returns  before  the 
Boards  of  Supervisors  are  permitted  to  open 
and  canvass  them.  With  the  necessities  of  this 
country  in  that  respect,  I  am  not  so  familiar.  It 
may  be  that  ten  days  is  sufficient  here,  and  that 
the  officers  of  election  can  all  get  in  their  re- 
turns within  that  time,  but  I  hardly  think 
it  is  time  enough,  when  we  take  into  considera- 
tion what  is  likely  to  be  the  future  state  of  the 
country,  with  a  great  many  remote  precincts  to 
be  beard  from  in  the  larger  counties.  The  I'e- 
turns  from  all  those  precincts  should  be  re- 
ceived, before  the  Board  of  Canvassers  are 
entitled  to  open  and  canvass  them.  And  even 
after  the  canvass  has  commenced,  some  time 
will  be  required  to  complete  it  before  the  cer- 
tificates can  be  issued,  so  that  there  is  a  still 
further  interregnum.  Now  the  necessities  of 
the  State  may  he  imagined  to  be  such  as  to  re- 
quire the  immediate  calling  together  of  the 
Legislature  during  that  interval  of  tune,  and 
yet  the  Governor  would  only  be  able  to  assem- 
t)le  a  Legislature  which  would  be  incompetent 
to  act  in  support  of  the  executive,  no  matter 
how  great  the  emergency. 

I  perceive  the  motive  of  the  gentleman  from 
Ormsby,  (Mr.  Johnson,)  and  it  is  a  good  one.  I 
fully  recognize  the  merit  of  the  proposition  to 
make  such  provision  that  the  Governor,  if  dis- 
posed to  act  in  opposition  to  the  wishes  of  the 
people,   may  be  withheld   and   restrained  by 


694 


SCHEDULE. 


[18th  daj- 


Saturday,] 


Johnson' — DeLong. 


[July  23. 


those  who  have  been  sent  to  the  Legislature 
fresh  from  the  people.  Yet,  in  California,  they 
have  never  yet  fouiul  any  inconvenience  re- 
sulting frona'tlie  old  system  of  allowing  the 
terms  of  the  new  Si'nutors  to  commence  at  the 
expiration  of  the  terms  of  the  old  ones — not  at 
the  date  of  the  new  election,  but  after  it  has 
been  settled  and  determined  who  are  and  who 
are  not  members.  I  never  heard  of  any  in- 
convenience resulting  from  that  system,  and  as 
the  possibillity  seems  to  be  very  remote  of  the 
evil  against  which  the  gentleman  from  Ormsby 
desires  to  guard,  I  would  rather  prefer  to  retain 
that  system,  for  the  sake  of  safet}',  because  we 
must  guard  against  possibilities  as  well  as 
probabilities,  and  we  know  not  what  may  be 
the  future  exigencies  of  the  State.  In  the 
formation  and  adoption  of  our  fundamental 
law,  especially,  we  must  remember  that  we  con- 
t«titnte  a  part  of  a  nation  which  is  at  this  time 
in  the  very  whirlwind  and  tempest  of  rebellion, 
iind  we  should  be  prepared  for  whatever  ex- 
igencies may  arise. 

Mr.  JOHNSON.  I  desire  an  opportunity  to 
reply  to  some  of  the  objections  mentioned  by 
the  gentleman  from  Storey.  In  the  tirst  place, 
according  to  my  present  recollection  of  the 
"territorial  law,  although  I  am  not  quite  positive 
•on  that  subject,  the  Board  of  Canvassers  is 
■allowed  but  ten  days  after  the  election  to  can- 
vass the  votes  cast  for  members  of  the  Legisla- 
ture. But  independent  of  all  that  —  and  I 
think  this  is  a  sufficient  reply  to  the  gentle- 
man's objection — I  care  not  if  the  Legisla- 
ture should  be  convened  within  three  days 
-after  the  election,  the  members  elected  at 
such  election  could  be  admitted,  under  the  pro- 
Tisions  of  our  Constitution.  The  Governor 
must  issue  his  proclamation  convening  the  ex- 
tra session,  from  ten  to  thirty  days  before  the 
Legislatui'e  is  to  assemble  ;  but  even  if  it  were 
only  live  days — and  it  would  be  a  most  extra- 
ordinary emergency,  that  would  require  the 
convening  of  the  Legislature  within  so  short  a 
period  alter  the  issuing  of  the  proclamation — 
still  this  provision  would  apply.  Ii  it  be  a  sin- 
gle ilay.  or  an  hour  after  the  election,  the  old 
Legislature  should  go  out,  and  the  members 
newly  elected  should  be  entitled  to  their  seats. 
The  gentleman  from  Storey  will  boar  in  mind 
that  we  have  already  adopted  a  ))rovision  in 
another  article  declaring  that  Ixitli  hraiiches  of 
the  Legislattire  shall  ))e  sole  judges  of  the  elec- 
tion and  qualification  of  their  own  members.  It 
is  not  required  that  a  man  shall  jjresent  as  evi- 
dence of  his  right  to  a  scat  in  sucli  body  a  cer- 
tificate of  election,  or  any  other  particular  evi- 
dence, but  each  branch  of  the  Legislature  is 
made  tlie  absolute;  judge  of  tlie  election  and 
(jualilication  of  its  own  members.  Therefore, 
if  it  is  only  five  or  ten  days  after  the  election, 
that  the  Legislature  is  convened,  those  who 
have  just  been  elected  must  Ix;  admitted,  and 
the  members  are  immediately  vested  with  au- 
thority to  judge  of  the  election  and  (jualifica- 
tion  of  those  claiming  membersliii». 


Mr.  DeLONGt.  But  in  order  to  entitle  a  man, 
prima  facie,  to  a  seat,  he  nuist  present  his  cre- 
dentials. Then  the  Legislature  passes  upon 
his  case,  if  there  should  be  any  question  raised. 
Without  credentials  a  man  could  not  take 
his  seat  in  the  first  instance.  Otherwise  a  mob 
might  take  possession  of  the  legislative  halls, 
secure  the  seats,  and  proceed  to  pass  upon  the 
question  of  who  are  members  and  who  are  not. 

Mr.  JOHNSON.  No,  sir  ;  I  do  not  under- 
stand that  the  Constitution  requires  the  pro- 
duction of  any  paper  evidence.  If  the  Legis- 
lature were  assembled,  the  gentleman  from 
Storey  might  walk  into  the  door,  claiming  to 
be  a  member,  and  without-  producing  any  cer- 
tificate, the  Legislature  would  have  authority 
to  pass  upon  his  claim.  A  mere  certificate  of 
election  amounts  to  nothing,  if  there  is  any 
other  person  who  can  show  a  better  title  to  the 
seat,  in  the  opinion  of  the  body,  than  he  who 
holds  such  certificate.  How  often  it  occurs 
that  a  man  comes  to  a  legislative  body,  with 
his  credentials  in  due  form,  and  yet  is  turned 
away,  and  his  seat  given  to  another.  That 
is  a  very  frequent  occurrence  in  legislative 
bodies  acting  under  a  constitutional  provision 
similar  to  that  which  we  have  adopted.  And  it 
must  be  so.  because  to  make  a  man's  right  to  a 
seat  depend  upon  a  certificate  of  election  would 
be  giving  to  the  Board  of  Canvassers,  instead 
of  the  Legislature,  the  light  of  judging  of  the 
election  and  qualification  of  members. 

Mr.  DeLONG.  Will  the  gentleman  from 
Ormsby  allow  me  to  ask  him  if  he  ever  knew 
a  man  to  be  allowed  a  seat  in  a  legislative 
body  in  the  first  instance,  without  the  necessa- 
ry credentials,  issued  by  the  proper  officers? 

.Air.  JOIINSOX.  Why,  sir,  such  instances  are 
numerous.  Take  the  ca>e,  for  example,  of 
a  members  who  may  have  lost  his  credentials. 
He  is  never  for  that  reason  excluded.  Men  came 
into  this  Convention  and  said  they  had  left 
their  credentials  at  home,  and  I  think  there  are 
several  gentlemen  now  holding  seats  on  this 
floor,  who  never  did  present  any  credentials. 

Mr.  DeLONG.  I  am  not  speaking  of  Con- 
ventions, but  of  legislative  bodies. 

Mr.  JOHNSON.  Well,  they  are  governed  by 
the  same  rules.  Legislatures  are  always  made 
the  judges  of  the  election  and  qualification  of 
their  own  members.  If  the  gentleman  from 
Storey  had  lost  his  credentials,  accoi'ding  to  his 
\'iew,  he  should  be  turned  from  the  door  ;  but 
that  is  scarcely  ever  done,  because  there  is  no 
importance  attached  to  the  mere  credentials. 
It  is  not  a  matter  of  much  consequence  wheth- 
er a  man  has  his  credentials  or  not.  It  is  a 
form  which  is  generally  observed,  it  is  true  ; 
luit  it  is  merely  a  form,  aiul  if  a  man  happens 
to  have  no  such  ])ai)er  to  show,  that  fact  tloes 
not  operate  to  e.vclude  him.  If  a  person  has 
been  elected,  and  claims  his  seat,  the  Legisla- 
ture itself  judges  of  his  claim. 

But  independent  of  that,  I  say  it  would  be  a 
most  rare  and  extraordinary  case  in  which  the 
exigency  should  be  so  great  as  to  call  for  the 


IStli  day.] 


SCHEDULE. 


695 


Saturday.] 


DeLoxg — Johnson — Fkizell — Crosman — Ddnne. 


[July  23 


convening  of  the  Legislature  within  the  time 
allowed  to  the  canvassing  officers  to  pass  upon 
the  rights  of  parties,  and  make  out  their  creden- 
tials. I  foresee  none  of  the  practical  ditficulties 
which  the  gentleman  from  Storey  seems  to  ap- 
prehend, and  the  evil  which  is  sought  by  this 
provision  to  be  prevented,  would  be,  in  my 
judgment,  far  greater  than  any  likely  to 
arise  from  its  operation.  If  we  should  change 
the  time  for  the  commencement  of  the  terms  of 
Senators  to  a  later  period,  we  should  thereby 
place  il  in  the  power  of  an  unscrupulous  Exec- 
utive to  override  the  expressed  will  of  the  peo- 
ple. For  instance,  the  people  may  have  fairly 
expressed  their  choice  for  United  States  Sena- 
tor, at  the  latest  election,  or  their  preference 
upon  any  other  great  question  of  State  policy  : 
but  nevertheless,  it  would  be  in  the  power  of 
the  Executive  to  convene  a  Legislature  com- 
posed of  those  men  whom  the  people  may  have 
condemned  and  sent  into  retirement,  and  they 
could  get  together  and  take  such  action  as 
would  override  the  will,  and  set  at  nought  the 
expressed  wish  of  the  people.  It  is  to  avoid 
that  evil  that  I  would  place  it  beyond  the  pow- 
er of  any  Executive  to  call  together  a  Legisla- 
ture which  might  be  opposed  to  the  will  of  the 
people. 

Mr.  DeLONG.  I  think  they  would  have  no 
right  to  elect  a  United  States  Senator  at  a  spe- 
cial session  of  the  Legislature. 

Mr.  JOHNSON.  That  is  not  by  any  means 
an  untried  experiment,  and  whatever  deference 
the  gentleman  may  have  for  precedents,  he  can 
find  them  of  such  a  character  in  several  of  the 
States.  He  will  find  one  in  my  own  native  State, 
and  there  are  other  States  in  which  this  great 
wrong  has  been  perpetrated.  I  have  in  luy 
mind  a  case  in  point,  where  such  a  thing 
was  once  done,  and  when  subsequently  the 
people  came  to  revise  their  Constitution  they 
implanted  therein  their  reprobation  of  the  prac- 
tice, by  placing  it  beyond  the  power  of  the  Ex- 
ecutive ever  to  repeat  such  an  act.  I  hope  we 
shall  follow  that  example,  by  adopting  such  re- 
strictive features  that  a  legislative  body  whose 
acts  have  once  been  passed  upon  by  the  peo- 
ple, cannot  be  called  together  to  the  exclu- 
sion of  those  whom  the  people  have  more  re- 
cently elected.     ['•  Question,  question.''] 

Mr.  DkLONG.  I  ask  for  the  reading  of  the 
section. 

The  SECRETARY  again  read  the  section. 

Mr.  DeLONG.  I  suggest  an  amendment  in 
the  third  line,  so  as  to  read  "  one-half  of  the 
number,"  instead  of  "  one-half  thereof"  Other- 
wise you  might  have  to  cut  a  Senator  in  two. 
[Merriment.] 

The  amendment  suggested  was  adopted  by 
unanimous  consent. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

TERMS    OF   SENATORS   AND   ASSEMBLTilEN. 

Section  9  was  read,  as  follows  : 
Sec.  9.     At   the  general  election  in  A.  D.  1866.  and 
tbereal'ter,  the  term  of  Senators  shall  be  for  four  years 


from  the  day  succeeding  such  general  election,  and 
members  of  Assembly  for  two  years  from  the  day  suc- 
ceedinK  such  general  election,  and  the  terms  of  Sena- 
tors shall  be  allotted  by  the  Legislature  in  long  and 
short  terms,  as  hereinbefore  provided,  so  that  one-half 
thereof,  as  nearly  as  may  be,  shall  be  elected  every  two 
years. 

On  motion  of  Mr.  DeLONG,  and  by  unani- 
mous consent,  the  word  "  thereof,"  in  the  last 
clause,  was  stricken  out,  and  the  words  "  the 
number ''  inserted  instead. 

Mr.  CROSMAN.  I  am  not  particularly  well 
posted  on  this  subject,  and  I  would  inquire  if 
it  was  the  intention  of  the  Committee  on. Sched- 
ule to  provide  that  the  members  of  the  Assem- 
blv  first  elected,  shall  all  of  them  hold  for  two 
years  ? 

Mr.  DeLONG.  The  section  provides  that  the 
Assemblymen  shall  hold  for  two  years,  and  the 
Senators  for  four  years,  after  1866. 

Mr.  DUNNE.  The  members  of  the  Assembly 
are  to  hold  their  terms  annually,  for  two  years. 
[Laughter.]  I  mean  that  for  two  years  their 
terms  are  to  be  annual,  and  after  that  the  terms 
are  to  be  for  two  years. 

Mr.  FRIZELL.  I  suggest  that  the  gentle- 
man's explanation  be  referred  to  the  Committee 
on  Phraseologv.     [Merriment.] 

Mr.  DUNNE.  I  am  quite  satisfied  with  it. 
For  two  years  the  terms  of  the  Assemblymen 
are  to  be  annual  terms. 

Mr.  DeLONG.  I  understood  the  gentleman 
to  say  the  terms  were  to  be  annual  for  two 
years. 

Mr.  DUNNE.  And  then,  in  1866,  the  two 
year  terms  begin. 

Mr.  CROSMAN.  That  is,  we  elect  for  only 
one  year,  until  1866,  and  then  we  elect  for  two 
years. 

No  amendment  being  offered,  the  section,  as 
read,  was  adopted. 

TERMS   OP  ASSEMBLYMEN    FIRST   ELECTED. 

Section  10  was  read,  as  follows  : 

Sec.  10.  The  term  of  members  of  the  Assembly 
elected  at  the  first  election  under  this  Constitution, 
shall  expire  on  the  day  succeeding  the  general  election 
in  A.  D.  1865,  and  the  terms  of  those  elected  at  the 
general  election  A.  D.  1865,  shall  expire  on  the  day  suc- 
ceeding the  general  election  A.  D.  1806. 

No  amendment  being  offered,  the  section,  as 
read,  was  adopted. 

COMMENCEMENT   OF   LEGISLATIVE    SESSIONS. 

Section  11  was  read,  as  follows  : 

Sec.  11.  The  first  regular  session  of  the  Legislature 
shall  commence  on  the  second  Monday  of  December, 
A.  D.  ISOl,  and  the  second  regular  session  of  the  same 
shaU  commence  on  the  first  Monday  of  January,  A.  D. 
1806.  and  the  third  regular  session  of  the  Legislature 
shall  be  the  first  of  the  biennial  sessions,  and  shall 
commence  on  the  first  Monday  of  January,  A.  D.  1867, 
and  the  regular  sessions  of  the  Legislature  shaU  be 
held  thereafter  biennially. 

Mr.  JOHNSON.  I  will  suggest  to  the  gen- 
tleman from  Humboldt  (Mr.  Dunne)  that  from 
the  reading  of  the  latter  clause,  there  seems  to 
be  an  omission.  Should  not  the  words  "  com- 
mencing on  the  first  Monday  in  January "'  be 


696 


SCHEDULE. 


[18th  day. 


Saturday,]     Baxks— Johnson— Dunne — Crosman — DeLong — Tagliabue — Proctor.      [July  23. 


added?  As  it  now  reads,  the  time  of  the  com- 
mencement of  the  biennial  sessions  seems  to 
be  left  uncertain. 

Mr.  Banks.  I  do  not  see  any  necessity  for 
a  change  in  that  language.  It  says  that  the 
third  regular  session,  which  is  the  session  of 
1867,  shall  be  the  first  of  the  biennial  sessions, 
and  shall  commence  on  the  first  of  January, 
1867. 

Mr.  JOHNSON.  But  it  does  not  state  when 
the  succeeding  biennial  sessions  shall  com- 
mence. 

Mr.  BANKS.  Of  course,  if  the  first  biennial 
session  commences  on  the  first  of  January,  1867, 
the  next  commences  two  years  thereafter. 

Mr.  JOHNSON.  It  may  not  commence  on 
the  same  day  in  the  year  ;  it  might  commence 
even  in  February  or  Mai'ch. 

Mr.  BANKS.  Can  the  gentleman  suggest 
more  definite  language  ? 

Mr.  JOHNSON.  I  have  suggested  that  these 
words  had  better  be  added — "  commencing  on 
the  first  Monday  in  January." 

Mr.  DUNNE.  I  will  make  the  motion  to 
amend  by  adding  those  words. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

CONTINUATION   OP   COUNTY   OFFICERS,   ETC. 

Section  12  was  read,  as  follows  : 

Sec.  12.  All  county  officers,  under  the  laws  of  the 
Territory  of  Nevada  at  the  time  when  this  Constitution 
shall  take  effect,  (excei^t  Probate -Judges,)  whose  offices 
are  not  inconsistent  with  the  provisions  of  this  Consti- 
tution, shall  continue  in  office  until  the  first  Monday 
of  January,  A.  D.  1867,  and  until  their  successors  shall 
be  elected  and  qualified.  And  all  township  officers 
shall  continue  in  office  until  the  expiration  of  their 
terms  of  office,  and  until  their  successors  are  elected 
and  qualified. 

Mr.  CROSMAN.  I  would  inquire,  for  inform- 
ation, what  the  effect  would  be,  under  the 
operation  of  this  section,  upon  the  county  offi- 
cers not  named  in  this  Constitution,  such  as 
assessors,  coroners,  and  collectors.  The  section 
provides  for  continuing  in  office  all  county  offi- 
cers whose  duties  "  are  not  inconsistent  with 
the  provisions  of  this  Constitution,"  but  there 
is  no  provision  in  the  Constitution  for  assessors, 
coroners,  or  collectors. 

Mr.  BANKS.    Then  they  are  not  inconsistent. 

Mr.  DeLONG.    Certainly  not. 

Mr.  TAGLIABUE.  I  believe  no  county  offi- 
cers are  mentioned. 

Mr.  CROSMAN.  Certainly;  you  will  find 
that  all  tiie  county  officers  are  named,  in  the  ar- 
ticle on  the  Executive  Department,  I  think,  and 
provision  is  made  that  they  shall  be  elected  at 
a  certain  time. 

Mr.  JOHNSON.  I  did  not  pay  particular  at- 
tention to  the  reading,  but  my  oi)inion  would 
be  that  those  not  provided  for  in  the  Constitu- 
tion would  be  left  out. 

Mr.  CR(JSMAN.  It  is  in  the  article  on  the 
Legislative   Department,  I  find,  that  they  are 


enumerated,  all  but  those  three  to  which  I 
have  referred,  and  they  are  not  named  at  all. 

Mr.  PROCTOR.  This  section,  it  seems  to  me, 
should  be  amended  a  little,  in  regard  to  cases 
where  the  parties  are  elected  to  office,  and  their 
terms  expire  one  year  from  now  ;  as  for  in- 
stance, in  Lander  County.  There  they  are  to 
hold  office  one  year  from  this  fall.  Would  it 
not  be  better  to  provide  that  they  shall  con- 
tinue in  office  for  ttie  terms  for  which  they  may 
have  been  elected,  under  the  laws  of  the  Ter- 
ritory? Under  this  section,  you  keep  those 
officers  in  office  one  year  longer  than  the  time 
for  which  they  have  been  elected. 

Mr.  JOHNSON.  It  would  be  necessary  either 
to  shorten  the  time  elsewhere,  or  to  give  them 
the  additional  year,  in  Lander  County,  in  order 
to  make  the  ai'rangement  regular  and  harmoni- 
ous, all  the  officers  going  out  of  office  at  the 
same  period  of  time  throughout  the  State 

Mr.  DeLONG.  That  is  the  statement  I  was 
about  to  make.  There  is  a  lack  of  har- 
mony in  the  election  of  county  officers  under 
the  territorial  law,  every  county,  I  believe, 
electing  its  officei-s  this  fall,  with  the  sole  ex- 
ception of  Lander  County,  where  they  were 
elected  last  fall.  Now  we  have  got  either  to 
extend  the  terms  of  the  county  officers  in  Lan- 
der County,  or  to  cut  them  down  in  all  the 
other  counties,  for  one  year,  and  the  committee 
came  to  the  conclusion  that  it  was  better  to 
continue  all  the  officers  until  1867.  That  gives 
each  one  elected  this  fall  his  full  term,  so  that 
it  makes  no  difference  to  the  candidates  whether 
the  Constitution  shall  be  adopted  or  defeated, 
and  consequently  they  will  make  the  canvass 
in  good  faith.  It  will  certainly  be  no  invasion 
of  the  rights  of  the  people,  and  no  wrong  to 
the  officers  elected,  as  they  will  merely  have 
the  form  of  government  over  them  changed. 

In  relation  to  the  question  raised  by  the 
gentleman  from  Lyon,  (Mr.  Crosman,)  I  will 
call  his  attention  to  Section  32  of  Article  IV, 
entitled  Legislative  Department,  as  already 
l)assed  and  enrolled. 

Sec.  32.  The  Legislature  shall  provide  for  the  elec- 
tion by  the  people  of  a  Clerk  of  the  Supreme  Court, 
County  Clerks,  County  Recorders,  who  shaU  be  ex- 
officio  County  Auditors,  District  Attorneys,  Sheriflfs, 
County  Surveyors,  Pubhc  Administrators,  and  other 
nexessary  officers,  etc. 

Now  this  section  provides  that  all  officers 
'■  whose  offices  are  not  inconsisleM  with  the  pro- 
visions of  this  Constitution  shall  continue  in 
office."  If  there  is  any  officer,  therefore,  not 
enumerated  in  the  section  which  1  have  just 
quoted,  but  whose  office  is  not  inconsistent, 
that  is,  if  it  is  necessary  to  carry  on  the  admin- 
istration of  public  affairs,  he  will  of  course  be 
continued,  and  consequently  all  the  cimnty 
officers,  except  the  Pro))ate  Judges,  who  are 
specially  named,  will  hold  over,  under  this 
section,  for  the  length  of  time  required  bylaw; 
but  any  other  officer,  not  elected  under  the  ter- 
ritorial laws,  who  may  be  deemed  necessary 
under  the  State  form  of  government,  will  have 
to  be  elected. 


19th  day.] 


LEAVE  OF  ABSENCE. 


697 


Monday,]        Proctor — DeLong — Crosman — Dunne — Banks — Collins — Kennedy.         [July  25. 


Mr.  PROCTOR.  There  are  the  Justices  of 
the  Peace,  who  are  elected  for  but  one  year, 
and  .yet  this  section  continues  them  just  one  year 
longer  than  the  term  for  which  they  are  elected. 
The  County  Treasurer,  Clerk,  Sheriff.  Auditor, 
Assessor,  and  so  on,  elected  this  fall  for  two 
years,  are  all  to  hold  for  two  3'ears,  and  those 
"who  are  not  enumerated  in  this  Schedule,  I 
understand,  if  they  come  under  the  head  of  nec- 
essary officers,  all  hold  over.  That  is,  none 
are  legislated  out,  except  unnecessary  officers. 

Mr.  DeLONC.    Precisely. 

Mr.  CROSMAN.  That  was  my  own  under- 
standing, but  I  thought  it  better  to  have  the 
matter  understood  in  the  Convention. 

Mr.  DeLONGt.  That  was  certainly  the  un- 
derstanding in  the  committee.  We  debated 
the  matter  there,  and  we  finally  concluded  that 
this  was  the  best  way — that  we  should  either 
legislate  them  all  out  or  all  in.  We  thought 
this  plan  would  be  no  infringement  of  the  rights 
of  the  people,  whether  the  Constitution  shall 
be  adopted  or  not. 

Mr.  CROSMAN.  I  think  this  expression  of 
the  Convention  will  remove  all  doubt  on  the 
subject,  if  hereafter  any  question  shall  arise. 

PROBATE    JUDGES. 

Mr.  DUNNE.  I  move  to  amend  the  section 
by  striking  out  in  the  third  line  the  words  "ex- 
cept Probate  Judges,"  and  the  parentheses  con- 
taining those  words,  and  then  adding  the  follow- 
ing at  the  end  of  the  section  : 

"Provided,  That  the  Probate  Judges  of  the  several 
counties  respectively,  shall  continue  in  office  until  the 
election  and  qualification  of  the  District  Judges  of  the 
Beveral  counties  or  Judicial  Districts." 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

No  further  amendment  being  offered,  the 
section,  as  amended,  was  adopted. 

The  CHAIRMAN.  We  cannot  do  business 
without  a  quorum ;  the  Secretary  will  count 
the  committee. 

The  SECRETARY  reported  that  only  nine- 
teen members  were  present. 

Mr.  DeLONG.  Is  it  necessary  that  in  Com- 
mittee of  the  Whole  there  shall  be  a  quorum  ? 

The  CHAIRMAN.     Undoubtedly. 

Mr.  BANKS.    I  move  that  the  committee  rise. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Dv    CONVENTION. 

The  PRESIDENT  having  resumed  the  chair, 

The  CHAIRMAN  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
Article  XVIII,  entitled  Schedule,  had  made 
some  progress  therein,  and  had  found  itself 
without  a  quorum. 

Mr.  COLLINS.  I  move  that  the  Convention 
adjourn  until  Monday  morning  at  nine  o'clock. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Accordingly,  at  half-past  nine  o'clock,  P.  M., 
the  Convention  adjourned. 


NINETEENTH  DAY. 

Carson,  July  2.5,  18G4. 

The  Convention  met  at  nine  o'clock,  A.  M., 
and  was  called  to  order  by  the  President. 

The  roll  was  called,  and  the  following  mem- 
bers responded  to  their  names  :  Messrs.  Banks, 
Brosnan,  Chapin,  Collins,  Crosman,  Dunne,  Fri- 
zell,  Folsom,  Hawley,  Hovey,  Kennedy,  Kin- 
kead,  Mason,  McClinton,  Murdock,  Warwick, 
Wetherill,  and  Mr.  President.  Present,  18  ; 
absent,  21. 

CALL    OF   THE    HOUSE. 

On  motion  of  Mr.  WARWICK,  no  quorum 
being  present,  a  call  of  the  House  was  ordered. 

By  unanimous  consent,  the  roll-call  just  ta- 
ken (as  above)  was  adopted  .as  the  roll  to  bo 
used  under  the  call  of  the  House. 

The  Sergeant-at-Arms  was  directed  to  arrest 
and  bring  in  the  absentees. 

Messrs.  Proctor  and  Tagliabue  appeared, 
stated  their  excuses,  and  were  allowed  to  take 
their  seats. 

Mr.  DUNNE.  As  there  is  now  a  quorum,  I 
move  that  further  proceedings  under  the  call  of 
the  House  be  dispensed  with. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Prayer  was  offered  by  the  Rev.  Mr.  RILEY. 

The  journal  of  Saturday  was  read  and  ap- 
proved. 

Messrs.  DeLong  and  Parker  came  in,  and 
were  recorded  as  present. 

LE.AVE   OF   ABSENCE. 

Mr.  KENNEDY.  I  ask  indefinite  leave  of 
absence  for  Mr.  Hudson.  I  am  informed  that 
he  has  met  with  a  serious  misfortune,  and  can- 
not attend. 

The  qtiestion  was  taken,  and  indefinite  leave 
of  absence  was  granted  to  Mr.  Hudson. 

Mr.  DUNNE.  I  ask  indefinite  leave  of  ab- 
sence for  mvself 

Mr,  CHAPIN.  Leave  off  "  indefinite,"  and  I 
will  go  for  it. 

Mr.  DUNNE.  I  will  state  that  the  next  term 
of  our  District  Court  is  held  on  the  first  Mon- 
day in  August,  and  I  have  cases  in  court  which 
I  must  attend  to,  and  consequently  I  must  get 
back  and  prepare  them.  I  have  remained  here 
now  longer  than  I  ought  to  have  staid. 

The  PRESIDENT.  If  the  gentleman  can 
possibly  remain,  I  think  it  very  important  in- 
deed that  he  should  do  so,  for  a  tew  days  longer. 
If  two  or  three  members  should  leave  us  now, 
I  fear  it  would  be  quite  impossible  to  keep  a 
quorum  together. 

The  question  was  taken  on  granting  Mr. 
Dunne  indefinite  leave  of  absence,  and  the  Con- 
vention refused. 

Mr.  DUNNE.  All  I  have  to  say  is,  that  I 
have  a  very  good  horse,  and  that  I  intend  to 
start  at  two  o'clock.     [Laughter.] 

Mr.  DeLONG.  I  suggest  that  the  Sergeant- 
at-Arms  stand  guard  over  the  gentleman. 


698 


RESOLUTIONS. 


[19th  dp^. 


Monday,] 


Baxks — Hawley — Chapin — Wetuekill — DeLoxg. 


[July  25. 


Mr.  BANKS.  I  shall  tell  the  Sergeant-at- 
Arms  that  I  have  a  better  horse  that  I  will  lend 
him. 

The  PRESIDENT.  Perhaps  it  will  be  best 
to  put  the  gentleman's  good  horse  in  the  cus- 
tody of  the  Sergeant-at-Arms.     [Merriment.] 

THE   ENROLLMENT. 

Mr.  HAWLEY.  I  wish  to  state,  for  the  in- 
formation of  the  Convention,  that  Messrs.  Gib- 
son and  Lockwood  have  examined  Articles  III 
and  IV.  and  are  prepared  to  report  them  cor- 
rectly enrolled.  For  myself.  I  have  been  very 
busy  this  morning,  bnt  I  am  able  to  state  further, 
that  probably  every  thing  will  be  enrolled  by  this 
evening  excejjt  the  Article  on  the  Judicial  De- 
partment and  the  Schedule,  and  we  can  get 
through  with  everything  except  those  matters 
to-night.  If  the  Enrolling  Clerk  shall  receive 
those  articles  to-night  he  can  doubtless  finish 
them  by  to-morrow  morning,  so  that  we  may 
possibly  be  able  to  adjourn  to-morrow  after- 
noon or  evening. 

STATE    SEAL. 

Mr.  CHAPIN  introduced  the  following  reso- 
lution : 

"Resolved,  That  on  tlie  adoption  of  the  Constitution 
by  the  people,  the  Secretary  of  the  Territory  be  au- 
thorized to  procure  a  State  Seal,  (with  a  press  and  all 
necessary  apjiendages,)  in  accordance  with  the  design 
adopted  by  the  Convention. 

Mr.  WETHERILL.  That  is,  in  the  event  of 
the  adojition  of  the  Constitution  ? 

Mr.  CHAPIN.  The  resolution  so  states.  In 
the  event  of  the  adoption  of  the  Constitution. 
the  Secretary  of  the  Territory  is  instructed  to 
procure  a  State  seal,  etc.  I  have  offered  the 
resolution  for  the  reason  that  the  seal  will  i)ro- 
bably  be  wanted  at  an  early  day,  and  without 
some  such  authorization  the  Secretary  cannot 
procure  it  and  have  it  ready  for  use  when  the 
State  is  organized. 

The  question  was  taken,  and  the  resolution 
was  adopted. 

COXSTITrTIOX   TO   BE    FORWARDED. 

Mr.  CHAPIN  offered  the  following  resolu- 
tion : 

"Resoh-ed,  That  the  President  and  Secretary  of  this 
Convention  be  directed,  in  conjunction  with  the 
Governor  of  Nevada  T(!rritory,  to  forward,  imme- 
diately after  the  adjournment  of  this  Convention,  to 
the  President  of  the  United  Stiites,  two  certified  cop- 
ies of  the  Constitution  and  ordinances,  as  adopted  by 
the  delegates  to  this  Convention — one  by  the  ovi'rland 
route  and  one  by  steamer  ;  and  also  to  stntc  to  the 
Prf^sident  that  if  a  majoritj'  of  legal  votes  shall  be  cast 
for  said  Constitution  in  said  proposed  State  of  Nevada, 
then  in  that  event  the  acting  Governor  of  this  Territo- 
ry will  certify  the  same  to  the  President  of  the  United 
States  l)y  telegraph,  and  request  the  President  to  in- 
form the  Governor  and  the  President  of  this  Conven- 
tion, immediately,  by  telegraph,  of  his  ai)i)roval,  and 
proclamation  declaring  the  Stafie  of  Nevada  admitted 
into  the  Union. 

Mr.  CHAPIN.  I  will  state  liriefly  the  object 
of  th(^  resolution.  Our  Kiial)ling  Act  provides 
for  the  manner  in  which  the  adoption  of  our 
Constitution  shall  be  certified  to  the  President 


of  the  United  States,  and  I  have  made  use  of 
the  exact  words  of  the  Enabling  Act,  so  far  as 
that  is  concerned.  But  the  resolution  further 
provides  that  the  Constitution  as  adopted  by 
the  Convention  shall  be  forwarded,  immediately 
after  this  Convention  adjourns,  in  order  that 
the  President  may  have  it  to  examine  ;  also 
that  the  President  be  notified  that  he  will  be 
informed  by  telegraph,  in  the  event  that  the 
Constitution  is  adopted  by  the  people,  and  re- 
quested to  inform  the  Governor  and  the  Presi- 
dent of  the  Convention  of  his  approval,  and 
proclamation  declaring  the  State  admitted,  so 
that  we  may  have  the  earliest  jiossible  official 
information  ot  that  interesting  event.  Then, 
having  oflicial  information  of  the  fact,  we  shall 
be  prepared  to  act  upon  it,  and  govern  our- 
selves agcordingly. 

The  question  was  taken,  and  the  resolution 
was  adopted. 

Mr.  WETHERILL.  I  move  that  when  we 
take  a  recess  at  twelve  o'clock  to-day,  it  be  to 
meet  at  one  o'clock.  That  gives  us  one  hour, 
and  I  think  that  is  sufficient. 

Mr.  BANKS.  I  believe  there  are  some  com- 
mittees to  meet  during  the  recess. 

Mr.  CHAPIN.  I  suggest  that  if  there  be  any 
committees  that  have  not  finished  their  busi- 
ness, it  will  be  better  to  prolong  the  recess, 
or  at  least  continue  it  as  long  as  heretofore, 
so  as  to  give  them  time.  If  there  be  none, 
however,  I  will  vote  for  the  motion. 

Mr.  WETHIjRILL.  For  reasons  which  have 
been  assigned,  I  will  withdraw  the  motion. 

ADDRESS   TO  THE   PEOPLE. 

Mr.  DeLONG.  Considering  that  such  action 
would  be  proper  on  the  part  of  the  Conven- 
tion, I  will  submit  a  motion  for  the  appoint- 
ment of  a  committee  to  prepare  an  address  to 
the  people,  the  President  to  designate  the  num- 
ber and  select  the  committee.  I  think  it  would 
be  legitimate,  and  most  decidedly  it  -would  be 
))ut  just  and  fair  to  ourselves,  that  such  a  com- 
mittee should  be  created,  charged  with  the  du- 
ty of  issuing  an  address  to  the  p('o]ile  of  the 
State  after  the  work  of  framing  the  Constitu- 
tion .shall  have  been  completed  by  us,  setting 
forth  the  differences  between  this  instrument 
and  the  one  heretofore  framed  and  submitted 
to  the  peoi)le,  and  presenting  such  facts  in 
connection  with  the  subject  as  miglit  otherwise 
escape  general  observation,  and  which  may  ap- 
propriattdy  be  set  forth  in  such  a  document ; 
the  whole  object  being  simply  to  show  the  facts, 
as  for  exami)le.  the  itrobable  expense  of  a  State 
Government,  as  comitarcd  with  the  territorial 
form  of  government,  and  the  changes  that  have 
been  made  from  the  Constitution  of  last  year. 

I  am  induced  to  submit  this  proposition  be- 
cause I  am  aware  of  the  fact  that  many  have 
made  uj)  their  minds  already  to  vote  against 
the  Constitution,  without  thinking  of  even  so 
nuicli  as  comparing  it  with  the  former.  I  know 
that  the  motion  is  not  strictly  in  order  at  this 
time,  but  I  trust  that  it  may  be  entertained 


19tli  day.] 


JUDICIAL  DEPARTMENT. 


699 


Monday,] 


Banks — President — Proctor — DeLong — Chapin. 


[July  25. 


without  objection,  and  disposed  of  in  such 
manner  as  the  Convention  shall  judge  best. 

Mr.  BANKS.  How  many  counties  are  rejire- 
resented  here  ? 

The  PRESIDENT.     Ten. 

Mr.  BANKS.  I  will  suggest,  then,  that  we 
have  a  special  committee  of  ten. 

Mr.  PROCTOR.  That  would  be  too  large. 
A  committee  of  three  would  be  better. 

Mr.  DeLONG.  Let  it  be  a  committee  of 
three,  then. 

The  PRESIDENT.  I  suggest  that  it  would 
be  well  to  have  as  large  a  committee  as  five, 
ytorey  County  has  a  delagation  constituting 
about  one-third  of  the  Convention,  and  I  think 
it  would  be  proper  to  give  that  county  more 
than  one  representative  in  the  committee. 
Then  other  portions  ot  the  Territory  should 
also  be  represented  in  part.  I  think  the  com- 
mittee should  consist  of  at  least  five  or  seven 
members. 

Mr.  DeLONG.  I  will  make  the  motion,  then, 
for  a  committee  of  seven,  and  I  think  we  can 
meet  and  do  the  business  to-morrow.  I  should 
like  to  have  a  pretty  large  committee,  and  then 
we  can  subdivide  oar  labors.  There  will  be 
some  duties  to  perform  of  a  statistical  charac- 
ter, and  some  of  the  committee  can  prepare  one 
part  of  the  address  and  others  another  part. 
Then  we  can  possibly  get  through  before  the 
final  adjournment,  and  if  any  correction  be 
needed  it  can  be  made  by  the  Convention. 

Mr.  BANKS.  I  hope  there  will  not  be 
anything,  even  by  implication,  involved  in 
this  motion,  by  which  it  will  be  considered  ne- 
cessary to  have  the  address  coutirmed  before  the 
adjournment  or  final  separation  of  the  Conven- 
tion. It  mast  be  obvious  that  the  address 
should  be  framed  with  great  care,  so  as  not  to 
leave  a  reasonable  opening  for  attack  or  criti- 
cism on  the  part  of  the  opposition. 

The  PRESIDENT.  The  Chair  does  not  un- 
derstand that  the  proposition  contemplates  the 
l^reparing  of  the  address  before  the  final  ad- 
journnKHit  of  the  Convention. 

Mr.  BANKS.  I  understood  that  to  be  the 
suggestion  of  the  gentleman  from  Storey,  and 
other  gentlemen  have  remarked  that  it  was 
usual  and  proper  for  Conventions  to  put  forth 
such  addresses.  Now,  I  think,  all  that  is  ne- 
cessary is  for  the  friends  of  the  Constitution  and 
State  organization  to  meet  together  and  agree 
upon  the  outline  and  general  policy  of  the  ad- 
dress, and  then  it  may  be  prepared  and  signed 
by  the  members  of  the  committee,  and  those 
who  may  have  to  leave  can  attach  their  names 
in  blank,  as  is  often  done  in  similar  cases.  Gen- 
tlemen may  give  their  assent  to  certain  general 
propositions,  and  then  they  can  leave  the  mat- 
ter with  a  clerk,  perhaps,  to  write  out  those 
propositions  in  proper  form,  and  attach  their 
names.  I  hope  the  committee  will  be  appoint- 
ed, and  will  take  all  the  time  that  may  be  ne- 
cessary, so  that  they  may  be  able  to  prepare  an 
address  which  shall  be  proper  not  only  in  re- 
gard to  its  matter,  but  in  respect  to  everything 


pertaining  to  it.  Then  it  will  win  the  attention 
and  respect  of  the  people  of  this  Territory,  and 
may  secure  their  support  for  this  Constitution. 

Mr.  CHAPIN.  It  strikes  me  tliat  the  commit- 
tee proposed  is  rather  too  large.  I  will  move 
to  ainend  by  making  it  five,  and  then  add  the 
President,  whicli  makes  six. 

The  PRESIDENT.  I  cannot  well  give  any 
attention  to  the  subject,  because  immediately 
after  the  adjournment  there  will  be  other  mat- 
ters demanding  my  exclusive  attention.  I  have 
been  obliged  to  neglect  my  business  almost 
entirely,  during  the  whole  session  of  the  Con- 
vention. 

Mr.  DeLONG.  I  hope  the  President  will  be 
willing  to  sacrifice  a  little  more  on  the  altar  of 
patriotism. 

The  PRESIDENT.  I  was  on  a  committee  of 
this  kind  last  year,  and  I  found  there  was  a 
good  deal  of  labor  devolving  upon  me  in  con- 
sequence. It  was  impossible,  however,  to  get  , 
a  meeting  of  the  committee,  and  therefore  no 
address  was  ever  issued. 

Mr.  CHAPIN.  Do  I  understand  that  the 
proposition  of  my  colleague  is  that  the  Presi- 
dent shall  be  one  of  the  committee  of  seven  ? 

Mr.  DeLONG.    Yes,  sir. 

Mr.  CHAPIN.  Then  with  that  understand- 
ing I  withdraw  my  amendment. 

The  question  was  taken  on  the  motion  of  Mr. 
DeLong,  and  it  was  agreed  to. 

The  PRESIDENT.  In  naming  the  committee, 
for  the  sake  of  enabling  a  majority  to  get  to- 
gether, the  chair  will  appoint  three  members 
from  Storey  County,  although  that  is  rather  an 
undue  proportion.  The  Chair  will  appoint  as 
the  committee,  Messi-s.  DeLong.  McClinton,  Col- 
lins, Banks,  Kennedy,  and  Brosnan. 

Mr.  BANKS.  Of  course  it  is  understood  that 
the  President  is  a  member  of  the  Committee. 

committee    of  the   whole — JUDICIAL   DEPART- 
!\IB\T. 

On  motion  of  Mr.  DeLONG,  the  Convention 
resolved  itself  into  Committee  of  the  Whole, 
(the  President  remaining  in  the  chair,)  and  re- 
sumed consideration  of  Article  VI,  entitled 
Judicial  Department. 

JDRI.SDICnON    OF   JUSTICES    OF   THE    PEACE. 

The  CHAIRMAN  stated  that  the  pending 
question  was  on  the  amendment  offered  by  Mr. 
Nourse,  to  insert  after  the  word  "  I'esponsibili- 
ties,"  in  Section  8,  the  following  : 

"Justices  of  the  Peace  shall  have  jurisdiction  in  all 
civil  cases  at  law,  wherein  the  amount  in  controversy 
does  not  exceed,  exclusive  of  interest,  the  sum  of 
three  hundred  dollars,  except  as  herein  otherwise  pro- 
vided." 

The  CHAIRMAN.  I  will  state  to  the  Commit- 
tee that  I  advised  the  gentleman  from  Washoe 
(Mr.  Nourse)  of  the  action  taken,  or  rather 
about  to  be  taken,  by  the  Committee,  upon  his 
amendment,  when  it  was  last  under  considera- 
tion, and  the  Committee  rose  without  taking  a 
vote.  I  did  so  in  order  that  he  might  have  au 
opportunity  of  appearing  here,  and  presenting 


700 


JUDICIAL  DEPARTMEXT. 


[19th  Say. 


Monday,] 


Collins — Brosxax. 


[July  25. 


his  views.  He  stated  in  that  connection  that  j 
he  did  not  care  particularly  about  the  amend- ! 
ment.  that  he  could  not  ])e  here  any  way.  and  '• 
that  the  members  of  the  Convention  must  exer- ' 
cise  tbeir  own  judgment  on  the  subject.  | 

Mr.  COLLINS.    Let  us  hear  the  section  as  j 
it  would  read  with  the  amendment.  I 

The  CHAIRMAN.     The  Secretary  will  read  i 
the  section  with  the  amendment,  and  it  is  to  be 
hoped  that  all  the  members  will  give  strict  at-  * 
tention  to  amendments  as  they  are  presented  or  ■ 
read,  because  in  that  way  a  great  deal  of  time  j 
will  be  saved.     If  gentlemen  fail  to  pay  atten- ' 
tion.  time  must  be  lost,  and  confusion  will  be 
produced,  by  gentlemen  repeatedly  calling  for 
the  reading  of  amendments. 

The  SECRETARY  read  the  section  as  it 
would  stand  with  the  proposed  amendment,  as 
follows  : 

Sec.  8.  The  Legislature  shall  determine  the  num- 
ber of  •Justices  of  the  Peace  to  be  elected  in  each  city 
and  to\\Tiship  of  the  State,  and  shall  fix  by  law  their 
powers,  duties,  and  responsibiUties.  Justices  of  the 
Peace  shall  have  jurisdiction  in  all  civil  cases  at  law, 
wherein  the  amount  in  controversy  does  not  exceed, 
exclusive  of  interest,  the  sum  of  three  hundred  dol- 
lars, except  as  herein  otherwise  provided.  It  shall  de- 
termine the  manner  and  the  cases  in  which  ajipeals 
may  be  taken  from  .Justices'  and  other  Courts  ;  Pro- 
vided, such  powers  shall  not  in  any  case  conflict  with 
the.iurisdiction  of  the  several  Courts  of  Record  ;  and 
further,  that  such  Justices'  Courts  shall  have  no  juris- 
diction in  the  trial  of  cases  wherein  the  title  to  real 
estate  or  mining  claims,  or  the  right  of  possession,  is 
or  may  be  involved.  The  Supreme  Court,  the  District 
Courts,  and  such  other  Courts  as  the  Legislature  shall 
designate,  shall  be  Courts  of  Record. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  Nourse,  and  it  was  not  agreed 
to. 

The  CHAIRMAN.  Amendments  generally 
are  still  in  order. 

Mr.  BROSNAN.  On  Saturday  last,  Mr. 
Chairman,  there  was  considerable  contention, 
as  you  doubtless  remember,  in  regard  to  this 
subject  of  the  jurisdiction  of  Justices  of  the 
Peace,  and  I  expressed  my  own  views  on 
that  occasion,  to  the  effect  that  there  are 
some  instances  in  which  Justices  of  the  Peace 
might  properly  have  a  limited  jurisdiction, 
even  in  certain  cases  where  the  possession  of 
real  property  may  be  involved.  I  have  since 
given  the  matter  some  consideration,  and  am 
still  of  the  same  opinion.  I  do  not  mean  by 
possession  the  right  to  possession,  because, 
if  I  understand  that  subject,  the  question  of 
right  of  possession  necessarily  involves  the 
question  of  title,  especially  in  cases  where  there 
is  no  actual  possession,  or  what  the  law  calls 
pedis  jiossessio.  In  all  such  cases  a  controversy 
about  the  right  of  possession  involves  the  title 
to  land,  but  in  cases  where  there  is  an  actual 
occupancy,  the  title  is  not  necessarily  involved. 

The  views  on  this  subject  which  I  propose  to 
present,  with  the  permission  of  the  Convention, 
may  require  a  little  more  than  five  minutes 
time.  In  order  to  obviate  the  difficulty  which 
appeared  to  rest  in  the  mind  of  my  colleague, 
(Mr.  Collins,)  and  also  seemed  to  press  upon 


the  mind  of  the  gentleman  from  Humboldt, 
(Mr.  Banks.)  as  well  as  the  difficulty  which  was 
presented  by  my  other  friend,  the  geiitlcuian 
from  Esmeralda.  (Mr.  Wetherill.)  I  have  drawn 
up  a  section,  or  rather  an  addition  to  this  Sec- 
tion 8,  which  I  think  will  meet  all  their  objec- 
tions, although  it  is  necessarily  rather  long.  At 
the  same  time.  I  will  say  that  for  myself  I  am 
convinced  that  the  section,  as  it  stands  now.  is 
amply  sufficient  to  meet  all  those  objections 
which  gentlemen  have  urged ;  and  for  this 
reason,  that  the  Legislature  already  has  the 
power  to  confer  upon  Justices  of  the  Peace  all 
the  powers,  duties,  and  responsibilities  that 
may  be  deemed  proper,  provided  thej-  do 
not  conflict  with  the  jurisdiction  granted  to 
Courts  of  I\(^cord.  There  is.  however,  one 
word  omitted  in  the  section,  as  here  printed  in 
the  Virginia  Union,  and,  I  believe,  as  read  by 
the  Secretary.  The  word  "  powers  '■  should  oc- 
cur in  the  fifth  line  of  the  section,  as  reported, 
but  it  appears  that  it  has  been  omitted,  and  if 
so,  I  desire  that  the  word  shall  be  inserted. 

The  SECRETARY.  It  is  here  in  the  manu- 
script report,  from  which  I  have  read. 

Mr.  BROSNAN.  Very  well ;  then  under  that 
term  the  Legislature  has  power  given  it  al- 
ready, to  confer  upon  Justices  of  the  Peace  all 
possible  jurisdiction  not  in  conflict  with  the 
jurisdiction  previously  granted  to  the  Courts  of 
Record.  That  is  my  own  belief,  and  a  belief 
so  positive  as  to  leave  not  a  shadow  of  doubt 
in  my  mind.  At  the  same  time,  for  the  satisfac- 
tion of  other  members  of  the  Convention,  and 
to  meet  the  objections  which  gentlemen  have 
presented.  I  have  drawn  up  this  addition  to  the 
section,  and  in  trying  to  have  it  very  plain  and 
satisfactory  to  all,  I  have,  perhaps,  made  it  a 
little  longer  than  it  should  be.  I  propose,  after 
the  word  "responsibilities,"  to  strike  out  all  of 
the  section  down  to  and  including  the  word 
"  involved,"  and  insert  in  lieu  thereof  the  fol- 
lowing : 

"Provided,  that  such  Justices'  Courts  shall  not  have 
jurisdiction  of  the  follo\ving  cases,  viz  : 

First.  Of  CASes  in  which  the  matter  in  dispute  is  a 
money  demand  or  personal  property,  and  the  amount 
of  the  demand,  (exclusive  of  interest,)  or  the  value 
of  the  proijerty,  exceeds  three  hundred  dollars. 

.SVconrf.  Of  cases  wherein  the  title  to  real  estate  or 
mining  claims,  or  questions  of  boundaries  to  laud,  is 
or  maj'  be  involved  ;  or  of  cases  that  in  any  manner 
shall  conflict  with  the  jurisdiction  of  the  several 
Courts  of  Record  in  this  State. 

And  provided  further,  that  Justices'  Courts  shall  have 
such  criminal  jurisdiction  as  may  be  prescribed  by 
law.  And  the  Legislature  may  confer  upon  said 
Courts  jurisdiction  concurrent  with  the  District  Courts, 
of  actions  to  enforce  mechanics'  liens  wherein  the 
amount,  (exclusive  of  interest.)  does  not  exceed  three 
hundred  dollars  ;  and  also  of  actions  for  the  posses- 
sion of  lands  and  teuements,  where  the  relation  of 
landlord  and  tenant  exists,  or  when  such  possession 
has  been  unlawfully  or  fraudulently  obtained  or  \rith- 
held.  The  Legislature  shall  also  prescribe  the  manner 
and  determine  the  cases  in  which  appeals  may  be 
taken  from  the  Justices'  and  other  Courts." 

This  amendment,  I  think,  will  obviate  all 
the  objections  that  have  been  urged  by  my  col- 
league,  (Mr.   Collins,)   and  other    gentlemen . 


loth  day.] 


JUDICIAL  DEPARTMENT. 


701 


Moiuliiy,] 


Chairman — Brosnan — Banks. 


[July  25. 


The  provision  authorizing  the  conferring  of 
criminal  jurisdiction  was  not  in  the  original 
section,  and  I  really  think  it  v(ny  necessary. 
For  instance,  when  a  complaint  is  made  for  as- 
sault and  battery,  or  other  misdemeanor  of 
small  grade,  Justices  of  the  Peace  clearly  should 
have  iurisdiction  of  the  offense. 

The  ClIAlllMAN.  In  the  latter  portion  of 
the  jtroviso,  relating  to  actions  of  possession,  is 
there  any  limit  as  to  the  amount? 

Mr.  liKOSNAN.  No  limitation  is  specified, 
but  it  only  relates  to  a  naked  possession,  with- 
out any  reference  to  the  right  of  possession  or 
title. 

Now  I  will  ask  the  attention  of  the  Commit- 
tee for  a  moment  to  this  subject.  Our  under- 
standing, in  this  Territory,  of  the  action  of 
forcible  entry  and  unlawful  detainer,  is  in  a 
great  measure  derived  from  the  manner  in 
which  that  action  has  been  conducted,  and 
cases  under  it  disposed  of,  in  California.  In 
all  well  regulated  legislation,  so  far  as  I  under- 
stand, tlie  action  of  forcible  entry  is  made  a 
distinct  proceeding  and  action  from  tliat  where- 
in the  entry  is  peaceable,  l^ut  the  detainer 
becomes  unlawful.  Indeed,  from  the  origin 
of  the  action  of  forcible  entry  and  unlawful 
detainer,  it  has  been  considered  in  the  light 
of  a  criminal  proceeding,  or,  as  it  is  termed  in 
the  law  books,  a  guasi-criminal  proceeding  ; 
and  in  no  State  that  I  am  aware  of,  have  the 
two  actions — that  of  forcible  entry  and  that  of 
unlawful  detainer — been  blended  together.  In 
the  State  of  California,  however,  they  are 
blended  in  the  same  legislative  act,  and  our 
Territory,  copying,  undoubtedly,  from  that 
State,  has  also  blended  in  its  act  both  proceed- 
ings, out  of  which  circumstance  much  confusion 
has  grown,  both  in  California  and  in  this  Ter- 
ritory. 

In  New  York,  the  action  for  a  forcible  entry 
is  proceeded  with  in  this  way  :  complaint  is 
made  before  a  Justice  of  the  Peace,  or  before 
a  County  Judge,  that  a  forcible  entry  has  been 
made  ;  an  inquisition  is  then  directed  by  him. 
and  a  jury  is  summoned  to  investigate  the  mat- 
ter. In  the  proceeding  before  the  County 
Judge,  a  jury  of  twelve  men  investigates  the 
matter,  and  if  they  find  that  a  forcible  entry 
has  been  committed,  a  writ  of  entry  is  issued, 
and  the  intruder  is  placed  out  of  possession. 
But  in  actions  where  the  relation  of  landlord 
and  tenant  exists,  the  Justice  of  the  Peace  has 
jurisdiction  of  the  matter,  because  the  tenant 
is  prohibited  from  a  proceeding  to  inquire  into 
the  right  of  possession  or  the  title  to  the  prop- 
erty of  his  landlord.  In  other  words,  he  is  es- 
topi)ed  in  law  from  questioning  the  title  or 
right  of  possession  of  his  landlord.  Having 
gone  in  with  his  permission,  and  under  a  con- 
tract with  him,  his  mouth  is  hermetically 
sealed  against  alleging  anything  detrimental  to 
the  interest  of  his  landlord,  although  the  land- 
lord may  not  have  the  right  of  ]iossession  or 
title.  As  between  the  tenant  and  the  landlord, 
the  tenant  is  estopped  in  law  from  disputing 


the  right  of  the  landlord  in  cases  of  that  char- 
ter. I  am  stating  now  a  general  principle  of 
law.  and  it  is  manifest  that  oven  without  any 
sort  of  legislative  regulation  on  the  subject.  Jus- 
tices of  the  Peace  may  safely  be  entrusted  with 
jurisdiction  to  that  extent,  in  cases  of  such  a 
character. 

This  action  of  forcible  entry,  as  it  has  been 
understood,  is  an  indictabU;  offense.  Where 
one  man,  or  a  multitude  of  people  proceed  in  a 
threatening  manner  to  take  violent  possession 
of  any  premises,  the  act  is  a  misdemeanor  at 
common  law,  but  that  does  not  apply  except 
in  a  case  where  an  actual  occupant  has  been 
forcibly  driven  out.  It  does  not  apply  in  cases 
where  there  is  no  occupancy,  for  there  can  be 
no  force  used  in  such  a  case,  and  therefore  the 
matter  cannot  be  tried  before  a  Justice  of  the 
Peace,  because  where  there  is  an  actual  occu- 
pancy the  only  way  to  turn  the  occupant  out  is 
by  an  action  of  ejectment,  which  involves  the 
right  of  possession.  Now  I  have  inserted  in 
this  amendment  the  words  "  unlawfully  or 
fraudulently."'  My  idea  would  have  been 
clearly  expressed  if  I  had  simply  used  the 
words  "  actual  possession,"'  but  1  have  employ- 
ed the  word  "  fraudulently,"  for  the  reason 
that  in  the  course  of  my  experience  I  have 
found  a  case  like  this — a  case  in  which  I  was 
counsel,  and  which  went  to  the  Supreme  Court : 
In  the  City  of  San  Francisco,  down  somewhere 
near  Market  Street,  running  out  into  the  water, 
was  a  triangular  piece  of  ground  leased  by  a 
man  named  Minturn.  It  was  of  great  value, 
and  he  had  rented  it.  On  the  day  that  his  lease 
was  to  expire  he  gave  his  tenant  notice  to  quit, 
and  the  tenant  left  the  possession  at  night  and 
another  man  stepped  in  and  took  ijossession, 
who  was  in  complicity  with  the  outgoing  ten- 
ant. In  that  case,  with  the  complicity  of  the 
tenant  and  the  intruder,  who  came  in  upon  his 
leaving,  a  question  arose  as  to  whether  it  was 
or  was  not  a  forcible  entry  and  unlawful  de- 
tainer. There  was  much  dispute  aljout  it, 
though  I  never  doubted  for  a  moment  that  it 
was  an  unlawful  detainer;  although  even  in 
that  view  the  plaintiff  would  have  had  to  com- 
mence his  proceedings  again.  But  it  was  clear- 
ly a  fraudulent  possession,  and  it  was  unlawful. 
Now  in  that  particular  case — and  many  others 
might  be  discovered  without  much  research, 
where  possession  has  been  obtained  by  iraud, 
or  where  the  parties  holding  under  a  lease  have 
not  been  willing  to  give  up  the  premises  at 
the  expiration  of  the  lease — the  possession  not 
being  obtained  by  force,  the  parties  could  not 
be  put  out  under  a  proceeding  of  forcible  entry. 
That  is  all  1  desire  to  say  on  the  subject,  and  I 
now  submit  my  amendment. 

[Mr.  Ckawfouw  in  the  chair.] 

Mr.  BANKS.  I  would  like  to  hear  the  amend- 
ment read  once  from  the  desk. 

The  CHAIRMAN.  The  Secretary  will  read 
the  section,  with  the  amendment  proi)osed. 

The  Secretary  read  as  follows  : 

Sec.  8.   The  Legislature  shall  determine  the  number 


702 


JUDICIAL  DEPARTMENT. 


[19th  d^y. 


Monday,] 


Collins— Brosnan — B.4>.ks — Johnson — Kennedy — Proctor. 


[July  25. 


of  Justices  of  the  Peace  to  be  elected  in  each  city  and 
townshii)  of  the  State,  and  shall  fix  by  law  their  pow- 
ers, duties,  and  respousibilitios  ;  PravUlfd,  that  such 
Justices'  Courts  shall  uot  have  jurisdictiou  of  the  fol- 
lowing cases,  viz  : 

First— Of  cases  in  which  the  matter  in  dispute  is  a 
money  demand  or  jiersoiial  property,  and  the  amount 
of  the  demand,  {exclusive  of  interest.)  or  the  value  of 
the  property,  exceeds  three  himdred  doUars. 

Second — Of  cases  wherein  the  title  to  real  estate  or 
mining  claims,  or  questions  of  boundaries  to  land,  is 
or  may  be  involved  ;  or  of  cases  that  in  any  manner 
shall  conflict  with  the  jurisdiction  of  the  several  Courts 
of  Eet'ord  in  this  State  ; 

Anil  jn-riv)<bil  fnrther.  that  Justices'  Courts  shall  have 
such  criniiual  jurisdictiou  as  may  be  prescribed  by  law. 
And  the  Legislature  may  confer  upon  said  Courts  ju- 
risdiction concurrent  with  the  District  Courts,  of  ac- 
tions to  enforce  mechanics'  liens,  wherein  the  amount 
(exclusive  of  interest)  does  not  exceed  three  hundred 
dollars  ;  and,  also,  of  actions  for  the  possession  of 
lauds  and  tenements,  where  the  relation  of  landlord 
and  tenant  exists,  or  when  such  possession  has  been 
unlawfully  or  fvauilulcntly  obtained  or  withheld.  The 
Legislature  shall  also  prescribe  the  manner  and  deter- 
mine the  cases  in  which  appeals  may  be  taken  from 
Justices'  and  other  Courts.  The  Supreme  Court,  the 
District  Courts,  and  such  other  Courts  as  the  Legisla- 
ture shaU  designate,  shall  be  Courts  of  Record. 

Mr.  COLLINS.  Will  that  give  a  Justice's 
Court  the  right  of  foreclosing  a  mortgage,  in  a 
case  where  the  sum  involved  is  less  than  three 
hundred  dollars  1 

Mr.  BROSNAN.  It  will  not,  sir  ;  nothing  but 
a  mechanics'  lien. 

Mr.  BANKS.  Then  I  understand  from  the 
gentleman  from  Storey  that  in  case  of  the  fore- 
closing of  mechanics'  liens,  suit  may  he  brought, 
within  the  amount  ot  three  hundrod  dollars,  in 
a  Justice's  Court.  That  is,  it  may  be  brought 
either  in  a  Justices'  Court,  or  the  District  Court, 
Ijrovided  the  amount  involved  is  less  than  three 
hundred  dollars. 

Mr.  BROSNAN.  Tlie  mechanic  having  a 
lien  to  that  amount,  has  his  choice  of  courts. 

Mr.  COLLiNS.  Will  the  gentleman  be  kind 
enough  to  state,  in  a  few  words,  the  reason  why 
he  thinks  it  would  be  unsafe  to  allow  the  priv- 
ilege to  a  Justice  of  the  Peace  to  foreclose  a 
mortgage  for  an  amount  not  exceeding  three 
hundred  dollars  ? 

Mr.  JOHNSON.  That  question  is  not  in- 
volved in  this  amendment,  and  I  think  it  has 
already  been  sufficiently  discussed. 

Mr.  COLLINS.  I  think  it  is  directlv  involved. 

Mr.  JOHNSON.  Then  I  rise  to' a  point  of 
order,  if  it  comes  to  that,  that  the  gentleman 
front  Storey  (Mr.  Brosnan)  has  spoken  his  full 
time. 

Mr.  BANKS.  I  move  that  the  rule  be  sus- 
pended so  as  to  allow  him  to  proceed. 

The  CHAIRMAN.  The  rules  cannot  be  sus- 
pended in  Committee  of  the  Wliole. 

Mr.  JOHNSON.  I  will  state  that  I  do  not 
raise  the  point  for  the  purpose  of  preventing 
the  gentleman  from  Storey  (Mr.  Brosnan)  from 
speaking,  l)ecause,  as  I  tliiuk  tlie  gentleiiKiii 
himself  believes,  I  would  listen  to  him  with 
great  satisfaction ;  but  I  make  the  point  for 
this  reason,  that  the  explanation  souglit  for, 
■would  only  serve  to  open  afresh  the  discus- 
sion of  the  same  question  which  occupied  so 


much  of  our  time  on  Saturday  night,  and  which 
is  not  necessarily  involved  in  this  amendment. 

Mr.  BANKS.  I  hope  that,  by  general  consent, 
the  gentleman  from  Storey  will  be  allowed  to 
Ijroceed. 

Mr.  JOHNSON.  I  object.  If  the  gentleman 
will  force  me  into  the  disagreeable  position  of 
making  an  objection  in  this  instance,  then  I  feel 
it  my  duty  to  object. 

The  question  was  taken  on  the  amendment 
offered  l)y  Mr.  Brosnan,  and  it  was  agreed  to. 

The  question  was  then  taken  on  the  adoption 
of  the  section,  as  amended,  and  it  was  adopted. 

[The  pRESTt)ENT  in  the  chair.] 

The  CHAIRMAN.  General  amendments  are 
still  in  order. 

THE    FILLING    OF   VACANCIES. 

Mr.  BROSNAN.  I  will  inquire  of  the  Presi- 
dent of  the  Convention,  before  1  offer  an  addi- 
tional section  to  this  ai'ticle,  whether  or  not 
there  is  anything  already  adopted,  in  this  Con- 
stitution, which  provides  for  the  filling  of  va- 
cancies in  the  Judicial  Department?  I  have 
forgotten  whether  there  is  such  a  provision  or 
not. 

The  CHAIRMAN.  There  is  a  section.  I  think 
in  the  article  on  Executive  Department,  to  the 
effect  that,  in  a  case  where  provision  is  not 
otherwise  made,  the  Governor  may  fill  the  va- 
cancy by  appointment,  until  the   next  election. 

Mr.  BROSNAN.  I  had  drawn  up  a  section 
to  add  to  the  article  on  Judicial  Department, 
because  I  could  not  recollect  that  any  such 
provision  had  been  adopted. 

Mr.  KENNEDY.  In  Section  8  of  the  article 
on  Executive  Department,  the  gentleman  from 
Storey  will  find  the  provision. 

Mr.  BROSNAN.  I  think  that  will  answer  the 
purpose. 

Mr.  BANKS.  Let  the  Secretary  read  the 
section. 

The  SECRETARY  read,  as  follows  : 

Sec.  8.  When  any  office  shall,  from  any  cause,  be- 
come vacant,  and  no  mode  is  provided  by  the  Consti- 
tution aud  laws  for  tilling  such  vacancy,  the  Governor 
shall  have  power  to  fill  such  vacancy  by  granting  a 
commission,  which  shall  expire  at  the  next  election 
and  qualification  of  the  jiersou   entitled  to  such  office. 

Mr.  BROSNAN.  Now  in  regard  to  that,  sup- 
pose that  one  of  the  Justices  of  the  Supreme 
Ci)urt  sho\ild  die — a  thing  which  I  hope  will 
not  happen  during  his  term  of  office,  at  least — 
and  the  term  for  which  he  was  elected  should 
not  expire  for  three  or  four  years  thereafter. 
It  is  not  intended,  I  apprehend,  that  the  Gov- 
ernor shall,  in  such  a  case,  fill  his  place  for  the 
rest  of  the  term  ;  and  yet  I  do  not  see  why  he 
may  uot  do  it  under  that  section. 

.Mr.  I'ROCTOli.  It  says  the  commission  shall 
ex]»ire  at  the  next  election  and  qualification  of 
the  person  elected. 

Mr.  i5R0SxNAN.  Then  the  office  would  have 
to  be  filled  by  election,  aud  I  do  not  see  but  the 
man  elected  would  hold  the  office  for  the  next 
six  years.    In  that  manner  the  whole  system 


19th  day.] 


JUDICIAL  DEPARTMENT. 


703 


Monday,]  Chairman — Brosnan— Banks— Proctor — McClinton — Hawley — Kennedy.    [July  25. 


might  become  deranged.  The  vacancy  should 
only  be  supplied,  by  appointment,  until  the  elec- 
tion, and  then  a  judge  should  be  elected  merely 
for  the  unexpired  term  of  the  incumbent  who 
has  vacated  the  office. 

The  CHAIRMAN.  I  have  a  very  strong  im- 
pression that  there  is  a  section  other  than  that 
— I  do  not  recollect  where  it  is  to  be  found— 
which  provides  for  filling  vacancies. 

Mr.  BROSNAX.  I  have  drawn  a  section  to 
be  inserted  in  this  article,  which  I  will  read  for 
information. 

Sec.  — .  In  case  the  office  of  any  Justice  of  the  Su- 
preme Court,  or  District  Judge,  shall  become  vacant 
before  the  expiration  of  the  regular  term  for  whii-h  he 
was  elected,  the  vacancy  may  be  filled  by  appointment 
by  the  Governor,  until  it  shall  be  supphed  at  the  next 
general  election,  when  it  shall  be  filled  by  election,  for 
the  residue  of  the  unexpired  term. 

That  will  make  the  system  harmonious. 

j\lr.  BANKS.  That  prescribes  the  manner 
of  filling  the  vacancies  in  judicial  offices  only. 
Now  that,  it  occurs  to  me,  is  just  the  provision 
which  should  be  aj^plied  in  the  cases  of  all 
other  officers.  My  recollection  is,  that  there  is 
somewhere  a  provison  in  relation  to  filling  va- 
cancies, and  I  a^^k  why  not  apply  the  same  pro- 
vision to  all  the  officers  in  the  same  section  ? 

Mr.  BROSNAN.  There  is  no  objection,  that 
I  know  of.  We  may  say  ■■  all  other  State 
officers." 

The  CHAIRMAN.  If  it  is  made  general 
in  its  application,  this  is  probably  not  the 
proper  place  for  it.  Its  more  appropriate 
place,  it  occurs  to  me,  would  be  among  the 
miscella  neous  provisions. 

Mr.  BANKS.  My  recollection  was  that  we 
had  such  a  section  in  the  article  entitled  Mis- 
cellaneous Provisions,  but  I  do  not  find  it  there, 
and  I  think  I  must  have  been  mistaken.  I  hope 
the  matter  will  be  passed  over,  so  that  a  sec- 
tion framed  in  substantially  the  same  language, 
or  at  any  rate,  covering  that  ground,  may  be 
incorporated  in  the  article  on  Mi!>cellaneous 
Provisions.  Some  gentleman  present  may  re- 
member the  case  of  Bodie,  in  San  Francisco, 
which  involved  the  very  question  suggested 
by  the  gentleman  from  .Storey,  (Mr.  Brosuan.) 
It  is  certainly  important  to  obviate  any  difficulty 
of  that  kind,  by  the  incorporation  of  some  such 
provision  in  our  Constitution. 

Mr.  PROCTOR.  Would  not  this  answer  the 
purpose  ? 

"  The  tenure  of  any  office  not  herein  provided  for, 
may  be  declared  by  law." 

The  CHAIRMAN.  The  Constitution  does 
declare  the  tenure  of  these  officers,  and  there- 
fore, unless  we  adopt  some  section  of  this  char- 
acter, it  would  seem  to  be  in  the  power  of  the 
Executive,  in  case  of  a  vacancy,  to  supply  the 
residue  of  the  the  term  by  appointment,  and 
thus  prechule  a  choice  by  the  people,  although 
one  or  more  general  elections  may  take  jilace 
in  the  meantime.  I  was  under  the  impression 
that  we  had  already  adopted  such  a  section 
somewhere,  so  framed  as  to  be  applicable  to 


all  officers.  If  such  is  not  the  case,  the  only 
suggestion  I  wish  to  make  is  1)y  way  of  inqui- 
ry, whether  the  section  should  not  be  incorpo- 
rated in  some  other  place  than  the  article  on 
Judicial  Department,  if  it  is  to  be  made  appli- 
cable to  all  other  officers. 

Mr.  BROSNAN.  I  think  it  is  not  very  mate- 
rial where  it  is  placed. 

The  CHAIRMAN.  General  elections  occur 
usually  every  year,  and  it  seems  to  me  that  in 
the  case  of  a  vacancy,  the  people  should  cer- 
tainly have  the  power  of  sui)piying  such  va- 
cancy at  their  first  election.  If  tiiere  is  no  ob- 
jection, we  will  suspend  action  whilst  gentle- 
men are  consulting  on  the  subject. 

Mr.  McCLINTON.  I  move  that  the  section 
introduced  by  the  gentleman  from  Storey  (Mr. 
Brosuan)  be  referred  to  the  Committee  on 
Schedule.  I  believe  that  committee  has  had 
the  article  entitled  Miscellaneous  Provisions  un- 
der consideration. 

The  CHAIRMAN.  That  motion  can  be  en- 
tertained by  way  of  a  recommendation  of  the 
Committee  of  the  Whole. 

Mr.  HAWLEY.  I  will  move  to  amend,  so  as 
to  refer  the  section  to  a  select  committee  of 
three,  with  instructions  to  incorporate  it  among 
the  Miscellaneous  Provisions. 

Mr.  McCLINTON.  I  will  accept  the  amend- 
ment. 

Mr.  BROSNAN.  Upon  consultation  with 
other  members,  I  will  withdraw  it.  I  think 
that  is  the  better  way. 

The  CHAIRM.VN.  Being  withdrawn,  it  can 
be  offered  at  a  future  time,  to  be  placed  in  the 
appropriate  article.  If  there  be  no  objection, 
the  gentleman  has  leave  to  withdraw  his  amend- 
ment. 

Mr.  KENNEDY.  I  move  that  the  Committee 
rise  and  report  the  article  back  to  the  Conven- 
tion, with  the  amendments  which  have  been 
adopted. 

The  question  was  taken,  the  motion  was 
agreed  to,  and  the  Committee  accordingly^' rose. 

IN    CONVENTION. 

The  SECRETARY  reported  that  the  Commits 
tee  of  the  Whole  had  had  under  consideration 
Article  YL  entitled  Judicial  Department,  had 
made  some  amendments  thereto,  and  had  in- 
structed him  to  report  the  article  back  to  the 
Convention,  and  recommend  its  passage  with 
such  amendments. 

The  report  was  accepted,  the  several  amend- 
ments made  in  Committee  of  the  Whole  were 
agreed  to,  and  the  article,  as  amended,  was  or- 
dered to  be  engrossed  for  a  third  reading. 

COMMITTEE    OF    THE    WHOLE — SCHEDULE. 

On  motion  of  Mr.  KENNEDY,  the  Conven- 
tion resolved  itself  into  Committee  of  the  Whole, 
(the  President  remaining  in  the  chair.)  for  the 
consideration  of  the  latter  portion  of  Article 
XVIII,  entitled  Schedule. 

The  CHAIRMAN.  The  committee  had  pro- 
gressed last  evening  as  far  Section  12,  which 


704 


SCHEDULE. 


[19th  day. 


Monday,] 


Chaikman — Dunne — Frizell — Warwick— McClinton. 


[July  25. 


The  Secretary  will 


was  amended  and  adopted, 
read  the  next  section. 


THE  DEBATES  AUD   PROCEEDINGS. 

The  SECRETARY  read  Section  13,  as  follows : 

Sec.  13.  At  the  first  regular  session  of  the  Legisla- 
ture, to  convene  under  the  requirements  of  this  Con- 
stitution, provision  shall  be  made  b3'  law  for  the  pay- 
ment of  the  publication  of  six  hundred  copies  of  the 
proceedings  of  this  Convention,  in  book  form,  to  be 
disposed  of  as  the  Legislature  may  direct ;  and  the 
Hon.  J.  Neely  Johu.son,  President  of  this  Convention, 
shall  contract  for,  and  A.  J.  Marsh,  Official  Reporter  of 
tliis  Convention,  under  the  direction  of  the  President, 
shall  supervise  the  publication  of  such  i^roceediugs. 
Provision  shaU  be  made  by  law,  at  such  first  session  of 
the  Legislature,  for  the  compensation  of  the  Official 
Keporter  of  this  Convention,  and  he  shall  be  paid  in 
coin,  or  its  equivalent.  He  shall  receive  for  his  ser- 
vices, in  reporting  the  debates  and  proceedings,  fifteen 
dollars  per  day  during  the  session  of  the  Convention, 
and  seven  and  one-half  dollars  additional  for  each 
evening  session,  and  thirty  cents  per  folio  of  one  hun- 
dred words  for  preparing  the  same  for  iiublication  ; 
and  for  supervising  and  indexing  such  xJublication,  the 
sum  of  fifteen  dollars  per  day  during  the  time  actually 
engaged  in  such  service. 

No  amendment  being  offered,  the  section,  as 
read,  was  adopted. 

CONTINDANCE   OF  TERRITORIAL   OFFICERS. 

Section  14  was  read,  as  follows  : 

Sec.  14.  The  Governor,  Secretary,  Treasurer,  and 
Superintendent  of  Public  Instruction  of  the  Territory 
of  Nevada,  shall  each  continue  to  discharge  the  duties 
of  their  respective  offices  after  the  admission  of  this 
Statu  into  the  Union,  and  until  the  time  designated  for 
the  qualification  of  the  above  named  officers  to  be 
electetl  under  the  Slate  Government ;  and  the  Terri- 
torial Auditor  sliall  continue  to  discharge  t-he  duties  of 
his  said  office  until  the  time  appointed  for  the  qualifi- 
cation of  the  State  Controller;  provided,  that  said  offi- 
cers shall  each  receive  the  salaries  and  be  subject  to 
the  restrictions  and  conditions  as  provided  in  this  Con- 
stitution ;  and  j^rnvided  further,  that  none  of  them 
shall  receive  to  his  own  use  any  fees  or  perquisites  for 
the  performance  of  any  duty  connected  with  his  office. 

No  amendment  being  offered,  the  section,  as 
read,  was  adopted. 

TERMS   OF   COURTS. 

The  Secretary  next  read  Section  17,  (the  sec- 
tions as  numbered  in  the  report  of  the  Commit- 
tee on  Schedule  apparently  having  been  trans- 
posed,) as  follows : 

Sec.  17.  The  terms  of  the  Supreme  Court  shall  be 
held  at  the  seat  of  government  of  the  State,  and  the 
terms  of  the  District  Courts  and  County  Courts  re- 
spectively, shall  be  held  at  the  county  seats  of  such 
counties  resp(;ctively  ;  and  until  provision  shall  be 
made  by  law,  the  terms  of  the  Supreme  Court  shall  be 
held  at  sucli  times  as  a  majority  of  the  judges  of  said 
court  may  api)oint.  The  first  term  of  tlie  District 
Court  in  cacli  (;(junty,  and  the  County  Court  in  Storey 
County,  shall  commence  on  the  first  Monday  of  Decem- 
ber, IHCii.  The  Legislature  shall  provide  by  law  for 
the  time  of  holding  the  terms  of  the  Supreme,  District, 
and  County  Courts. 

The  CHAIRMAN.  I  call  the  attention  of  the 
gentleman  from  Humboldt  (Mr.  Uunne)  to  this 
section.  The  Coii\'cnti<)n  having  dtitermined 
to  disptmse  altogctlicr  with  tiie  County  Courts, 
that  portion  relating  to  a  County  Court  in  Sto- 
rey County  should  be  stricken  out,  so  as  to 


conform  to  the  previous  action  of  the  Conven- 
tion. 

Mr.  DUNNE.  I  move  to  amend  by  striking 
out  the  words  "  and  the  County  Court  in  Storey 
County  ; "  also,  in  the  last  line,  the  words  "  and 
County  Courts." 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Mr.  FRIZELL.  I  think  there  should  be  a 
further  amendment.  It  now  reads — "  The  first 
term  of  the  District  Court  in  each  county,"  but 
it  should  be  "  in  each  district,"  because  these 
District  Courts  are  established  in  districts,  and 
so  named,  and  in  some  cases  a  district  comprises 
more  than  one  county  ;  as,  for  instance,  Nye 
and  Churchill  Counties  together,  constitute  one 
district. 

The  CHAIRMAN.  There  was  some  conver- 
sation relative  to  establishing  a  District  Court 
in  each  county. 

Mr.  WARWICK.  The  County  of  Roop  is  at- 
tached to  Washoe,  also. 

The  CHAIRMAN.  Roop  County  is  not  an 
organized  county,  and  it  is  attached  to  Washoe 
for  legislative  as  well  as  judicial  purposes.  I 
think  the  only  way  to  obviate  the  seeming  con- 
tradiction is  to  make  an  exceptional  case  of  the 
district  composed  of  Nye  and  Churchill,  provid- 
ing, if  you  i^lease,  that  in  that  district  the  court 
shall  be  held  in  one  county  in  December,  and  in 
the  other  county  the  following  month.  The  Leg- 
islature may  regulate  the  matter  thereafter.  The 
language  of  the  section  is  general,  the  intention 
being  to  organize  the  courts  at  once  in  each 
county.  It  reads — "  The  flrst  term  of  the  Dis- 
trict Court  in  each  county  shall  commence  on 
the  first  Monday  of  December,"  and  unless  an 
exception  is  made  in  that  case,  the  query  would 
be  whether  the  court  should  commence  in  Nye 
or  in  Churchill  County. 

Mr.  McCLINTON.  Suppose  we  say—"  ex- 
cept in  such  districts  as  are  composed  of  more 
than  one  county?" 

The  CHAIRMAN.  There  is  only  one  such 
district. 

Mr.  McCLINTON.  But  others  may  be  organ- 
ized hereafter. 

The  CHAIRMAN.  Then  the  Legislature  can 
provide  for  the  times  and  places  of  holding  the 
terms.  This  section,  the  gentleman  will  ob- 
serve, is  only  designed  to  put  in  operation  the 
machinery  of  the  courts,  until  such  time  as  the 
Legislature  can  fix  the  terms.  1  think  it  will 
be  found  that  the  language  here  employed  can 
be  made  to  meet  the  exigencies  of  the  case,  by 
making  that  one  exception. 

Mr.  FRIZELL.  How  would  it  do  to  let  it 
read  "  in  each  county  or  district?" 

The  CHAIRMAN.  That  will  not  relieve  the 
difTiculty.  It  declares  tliat  the  term  shall  com- 
mence on  the  first  Monday  of  December,  and 
the  question  would  then  be  whether  in  that 
district  it  siiould  commence  in  Nye,  or  in 
Churchill  County. 

Mr.  FRIZELL.  If  we  say  "in  each  county 
or  district,"  that  would  leave  it  to  the  judge, 


19th  day.] 


SCHEDULE. 


Y05 


Monday,]  Chaiuman — Banks — McClinton — Warwick — Bbosnan — Prootor — DeLong.    [July  25- 


I  think ;  though  it  is  not  very  definite,  it  is 
true. 

The  CHAIRMAN.  It  is  not  sufficiently  so  to 
make  it  obligatory.  We  want  to  make  the  lan- 
guage sufficiently  definite. 

Mr.  BANKS.  We  might  amend  by  a  proviso, 
that  in  the  judicial  district  composed  of  the 
Counties  of  Nye  and  Churchill,  the  first  term 
shall  be  held  on  the  first  Monday  of  December, 
in  one  of  the  counties  to  be  named. 

Mr.  -McCLINTON.  I  rise  to  a  question  of 
order.     There  is  not  a  quorum  present. 

The  PRESIDENT.  The  Secretary  will  count 
the  committee. 

The  SECRETARY  reported  eighteen  mem- 
bers present. 

IN   CONVENTION. 

The  PRESIDENT.  It  will  be  considered  that 
the  Committee  of  the  Whole,  being  without  a 
quorum,  has  risen  and  reported  that  fact.  What 
is  the  pleasure  of  the  Convention  ? 

Mr.  WARWICK.  If  the  Convention  will  de- 
lay a  moment,  I  think  I  can  bring  in  a  quorum, 
and  so  prevent  the  necessity  of  a  call  ot  the 
House,  or  other  official  action  on  the  subject. 

The  SECRETARY,  (after  a  few  moments'  de- 
lay,) counted  the  Convention,  and  reported  that 
twenty-two  members  were  present. 

COMMITTEE    OF    THE    WHOLE — SCHEDULE. 

On  motion  of  Mr.  McCLINTON,  the  Conven- 
tion again  resolved  itself  into  Committee  of 
the  Whole,  (the  President  remaining  in  the 
chair,)  and  resumed  consideration  of  Article 
XVIII,  entitled  Schedule. 

The  CHAIRMAN.  I  suggest  that  there  had 
better  be  a  transposition  of  these  sections.  The 
section  providing  for  the  publication  of  the  re- 
port of  the  debates  and  proceedings,  and  the 
compensation  of  the  Reporter,  is  printed  as  Sec- 
tion 10  in  the  old  Constitution,  and  it  occurs  to 
me  that  should  properly  be  the  last  section  in  the 
article,  as  it  appears  to  be  a  conclusion  of  every- 
thing else.  It  had  better  be  placed  last,  proba- 
bly, in  making  up  the  article  for  engrossment, 
and  the  section  we  are  now  considering,  (Section 
17,  as  reported,)  should  be  numbered  14. 

Mr.  BROSNAN.  That  will  make  the  section 
to  which  the  Chair  refers  No.  20. 

The  SECRETARY.    It  is  Section  13  now. 

Mr.  BROSNAN.  I  move  to  make  it  the  last 
section  in  the  article. 

The  CHAIRMAN.  If  there  is  no  objection 
that  order  will  be  made,  and  the  preceding  sec- 
tions numbered  accordingly. 

terms  of  courts. 

The  CHAIRMAN.  Section  14,  as  it  is  now 
numbered,  which  provides  for  the  first  terms  of 
the  courts,  is  under  consideration. 

Mr.  PROCTOR.  I  offer  an  amendment  to 
that  section,  to  insert  after  the  word  ''respec- 
tively," the  following : 

'•  Except  in  the  Fifth  District,  where  the  first  term 
of  the  District  Court  in  the  County  of  Nye  shall  com- 

A  19 


mence  on  the  first  Monday  in  December,  1864,  and  in 
the  County  of  Churchill  shall  commence  on  the  first 
Monday  in  January,  18G5." 

Mr.  DeLONG.  Is  the  Nye  County  delega- 
tion unanimous  in  support  of  that  amendment? 

The  CHAIRMAN.  Perhaps  the  gentleman 
means  to  in([uire  in  regard  to  the  unanimity  of 
the  Churchill  delegation. 

Mr.  DeLONG.  I  suggest  that  the  amend- 
ment be  referred  to  the  delegation  from  Church- 
ill.    [Merriment.] 

The  question  was  taken  on  Mr.  Proctor's 
amendment,  and  it  was  agreed  to. 

The  CHAIRMAN.  I  will  call  attention  to 
the  fact  that  the  latter  clause  of  this  section  has 
already  been  adopted  in  the  article  entitled 
Judicial  Department.  The  clause  I  refer  to 
reads  as  follows : 

"  The  Legislature  shall  provide  by  law  for  the  time 
of  holding  the  terms  of  the  Supreme  and  District 
Courts." 

Mr.  DeLONG.  I  move  to  amend  by  striking 
out  that  clause. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

VACANCIES. 

Mr.  BANKS.  Can  anybody  tell  what  pro- 
vision has  been  made  for  tlie  filling  of  vacan- 
cies in  the  county  officers  't  I  do  not  remember 
of  any  section  in  the  previous  article  providing 
for  that  matter. 

The  CHAIRMAN.  Such  a  provision  was 
adopted  some  time  ago.  It  was  provided  that 
the  Legislature  shall  not  create  any  office,  the 
tenure  of  which  shall  exceed  four  years,  and 
power  was  conferred  upon  the  Governor,  I 
think,  to  fill  vacancies  in  State  offices,  the  inten- 
tion being  that  vacancies  in  the  county  offices 
shall  be  filled  by  the  respective  Boards  of 
County  Commissioners. 

Mr.  BANKS.  I  think  we  have  adopted  no 
provision  for  filling  vacancies  under  the  State 
organization. 

The  CHAIRMAN.  An  amendment  has  been 
prepared,  to  be  oft'ered  at  a  proper  time,  pro- 
viding specifically  for  filling  vacancies  for  a 
given  time.  I  believe  the  gentleman  from  Sto- 
rey (Mr.  Brosnan)  has  the  amendment  ready  to 
be  presented. 

LANDER  COUNTY  OFFICERS. 

Mr.  WARWICK.  There  is  a  slight  error  that 
occurred  in  making  up  the  report  of  the  Com- 
mittee on  Schedule,  which  I  wish  to  have  cor- 
rected, when  it  shall  be  in  order.  It  was 
deemed  necessary,  in  order  to  make  all  the 
future  elections  take  place  at  one  time,  to  pro- 
vide that  the  election  of  county  officers  in  the 
County  of  Lander  shall  take  place  this  year, 
instead  of  next  year.  That  was  agreed  to  in 
the  committee,  but  in  my  absence  it  was  some- 
how overlooked  in  making  up  the  report.  I 
desire,  therefore,  to  offer  an  amendment  to  Sec 
tion  12,  which  provides  for  the  continuance  of 
the  territorial  county  officers,  whenever  such 
an  amendment  will  be  in  order. 


706 


SCHEDULE. 


[19tli  day 


Monday,]       Giiairman— Banks — DeLoxg— Pakker — Proctoh— Collins— Brosxax.        [July  25. 


The  CHAIRMAN.  General  amendments  will 
be  in  order  when  we  have  conclnded  the  read- 
ing of  the  article  by  sections,  and  then  we  can 
recur  to  Section  12,  if  necessary.  Section  14  is 
still  undisposed  of. 

TERMS  OF  COURTS — AGAIN. 

Mr.  BANKS.  Will  the  Secretary  read  Sec- 
tion 14,  as  now  amended. 

The  SECRETARY  read  Section  14,  as  amend- 
ed, as  I'ollows  : 

Sec.  14.  The  terms  of  the  Supreme  Court  shall  be 
held  at  the  seat  of  government  of  the  State,  and  the 
terms  of  the  District  Courts  shall  be  held  at  the  county 
seats  of  such  counties  respectively,  except  in  the 
Fifth  District,  where  the  first  term  of  the  District 
Court  in  the  County  of  Nye  shall  commence  on  the 
first  Monday  in  December,  1864,  and  in  the  County  of 
Churchill  shall  commence  on  the  first  Monday  in  Jan- 
uary, 18G5  ;  and  until  ijrovision  shall  be  made  by  law, 
the  terms  of  the  Supreme  Court  shall  be  held  at  such 
times  as  a  majority  of  the  judges  of  said  Court  may 
appoint.  The  first  term  of  the  District  Court  in  each 
county  shall  commence  on  the  first  Monday  of  Decem- 
ber, 18G4. 

Mr.  DeLONG.    I  move  to  strike  out  "Nye," 

wherever  it  occurs.     [Laughter.] 

Mr.  PARKER.     And  insert  •'  Churchill."' 
Mr.  PROCTOR.    No  ;  you  had  better  insert 

"Storey."     [Merriment.] 

STATE   SE.VL. 

Mr.  DeLONG.  For  information,  I  wish  to 
ask  if  the  State  Seal  has  been  adopted  ? 

The  CHAIRMAN.  I  am  informed  by  the 
Secretary,  that  the  report  of  the  Committee  on 
State  Seal  has  been  adopted,  and  the  resolution 
reported,  providing  for  a  State  Seal,  was  passed. 
Being  simply  a  resolution,  and  forming  no  part 
of  the  Constitution,  no  further  action  on  the 
part  of  the  Convention  appears  to  be  necessary 
on  the  subject.  The  Chair  will  remind  gentle- 
men that  we  are  now  in  Committee  of  the 
AVhole,  and  Section  14  of  the  Schedule  is  under 
consideration. 

TERMS    OF   COURTS — AGAIN. 

Mr.  PROCTOR.  I  oifer  a  substitute  for  the 
whole  section. 

The  SECRETARY  read  the  substitute,  as  fol- 
lows : 

Sec.  14.  The  terms  of  the  Supreme  Court  shall,  \\n- 
til  provision  be  made  by  law,  be  held  at  such  times 
as  the  judges  of  the  said  court,  or  a  majority  of  them, 
may  apjioiut.  The  first  terms  of  the  several  District 
Courts,  (except  as  liereinafter  mentioned,)  shall  com- 
mence on  the  first  Monday  of  December,  18G4.  The 
first  term  of  the  District  Court  in  the  Filth  Judicial 
District,  shall  commence  on  the  first  Monday  of  De- 
cember, 18G-1,  iu  the  County  of  Nye,  and  shaU  com- 
mence on  the  first  Monday  of  January,  18G5,  in  the 
County  of  Churchill.  The  terms  of  the  Fourth  Judi- 
cial District  shall,  until  otherwise  provided  by  law,  be 
held  at  the  county  seat  of  Washoe  County,  and  the  first 
term  thereof  be  held  on  the  first  Monday  of  Decem- 
ber, 18Gi. 

Mr.  COLLINS.  If  my  memory  serves  me 
correctly,  there  has  been  provision  made  that 
the  Supreme  Court  shall   be  held  here  perma- 

nantly. 


Mr.  PROCTOR.  Yes,  sir ;  this  is  simply  as 
to  the  time  of  the  first  term. 

Mr.  COLLINS.  I  would  like  to  make  a  re- 
mark upon  that  when  the  proper  time  comes. 

The  CHAIRMAN.  This  section  is  to  provide 
for  the  time  ot  holding  the  several  terms  of  the 
District  Courts.  In  order  to  render  it  certain 
that  in  the  Washoe  and  Roop  District,  until 
otherwise  provided  by  law,  the  tenu  shall  be 
held  iu  Washoe  County,  it  embraces  the  places 
of  holding  the  term  for  that  county,  but  it  only 
provides  lor  the  time  of  holding  the  first  terms 
of  the  other  District  Courts,  and  the  Sui^reme 
Court. 

Mr.  COLLINS.  It  seems  to  me  that  it  will 
work  a  hardship  upon  litigants,  since  the  whole 
system  has  been  changed  by  abolishing  the 
County  Courts,  and  giving  the  District  Courts 
jurisdiction  in  all  cases  amounting  to  over  three 
hundred  dollars.  It  certainly  se.ems  to  me  very 
hard  that  a  man  in  Lander  County,  for  instance, 
should  be  brought  up  here  on  an  appeal,  in  a 
case  amounting  to  only  three  hundred  dollars, 
thus  eating  up  over  and  over  again  the  value 
of  the  property  in  controversy. 

Mr.  BROSNAN.  I  will  state,  by  permission 
of  my  colleague,  that  the  section  we  have 
adopted  makes  appeals  to  the  District  Court 
final. 

Mr.  COLLINS.  But  we  had  County  Courts 
with  original  jurisdiction  in  all  cases  amount- 
ing to  between  three  hundred  and  live  hundred 
dollars,  and  now  the  whole  of  that  jurisdiction 
is  given  to  the  District  Courts,  and  has  to  come 
up  here,  from  the  District  Courts  to  the  Su- 
preme Court,  on  appeal.  The  case  which 
would  formerly  have  been  tried  in  the  County 
Court,  cannot  be  taken  up  on  appeal  to  the 
District  Court,  but  the  appeal  must  be  to  the 
Supreme  Court.  It  seems  to  me  that  the  ar- 
rangement is  an  admirable  one  for  certain  class- 
es, but  will  work  a  great  hardship  to  litigants. 

Mr.  BROSNAN.  I  am  afraid  my  friend  is 
laboring  under  a  mistake.  I  understand  that 
under  the  system  which  is  now  in  operation, 
Justices  of  the  Peace  do  not  have  as  extended 
a  jurisdiction  as  three  hundred  dollars.  Hither- 
to I  think  they  have  not  had  jurisdiction  over 
one  hundred  dollars,  and  now  we  propose  to 
extend  it  to  three  hundred  dollars.  Formerly 
there  was  an  appeal  from  the  Justices'  Courts 
to  the  County  Court  of  the  sarue  county  ;  now 
there  is  an  appeal  from  the  Justices*  Courts  to 
the  District  Court  in  the  same  county,  which  is 
equivalent  to  the  appeal  to  the  County  Court, 
heretofore  allowed.  We  extend  the  jurisdic- 
tion of  the  Justices'  Courts,  as  I  have  said,  and 
we  make  the  appeal  to  the  District  Courts  final. 
Therefore  the  gentleman's  argument  in  regard 
to  the  hardship  to  litigants,  if  I  ajjprehend  it 
correctly,  is  unfounded,  because  he  bases  it  on 
the  assumption  that  an  appeal  from  a  Jus- 
tice's Court  will  lie  to  the  Supreme  Court, 
which  is  not  the  case.  If  a  man  commences  a 
suit  in  a  Justice's  Court  in  Lander  County,  it 
cannot  be  appealed  to  the  Supi-enie  Court,  so 


19th  day.] 


SCHEDULE. 


707 


Monday,]   Collins— Banks— DeLoxg—Kexxedy—McClixtox— Chairman— Brosnan.    [July  25. 


that  he  suffers  no  such  hardship  as  the  gentle- 
man has  supposed. 

Mr.  COLLINS.  The  gentleman  entirely  mis- 
apprehends me. 

The  CHAIRMAN.  All  this  discussion  is  out 
of  order. 

Mr.  COLLINS.  I  wish  to  put  myself  right, 
however.  [LeaA'e !  Leave !]  I  certainly  did 
not  intimate  that  there  was  no  appeal  from  the 
Justices"  Courts  to  the  District  Court,  or  that 
such  an  appeal  was  not  final.  That  is  explicit- 
ly stated  in  the  article  we  have  adopted.  But 
I  say  that  all  cases  involving  over  three  hun- 
dred dollars  in  value  must  be  taken  up  on  ap- 
peal to  the  Supreme  Court.  I  was  going  on  to 
urge,  at  the  proper  time,  that  the  Supreme 
Court  should  have  certain  Districts  established. 

The  CHAIRMAN.  That  would  change  the 
whole  judicial  svstem, 

Mr.  COLLINS.  Well,  I  think  it  had  better 
be  changed  or  abolished. 

The  question  was  taken  on  the  substitute 
offered  by  Mr.  Proctor,  and  it  was  agreed  to. 

The  CHAIRMAN.  The  question  is  on  adopt- 
ing the  section,  as  ameiuled. 

Mr.  BANKS.  I  understood  the  gentleman 
from  Storey  (Mr.  Brosnan)  to  say.  or  to  inti- 
mate, that  in  cases  of  appeals  from  the  Jus- 
tices* Courts  to  the  District  Courts,  the  decision 
of  the  District  Courts  should  be  final. 

The  CHAIRMAN.  Any  remarks  upon  that 
subject  are  out  of  order  at  this  time,  as  the 
Chair  has  already  intimated,  and  we  shall  cer- 
tainly not  get  through  with  our  business  very 
soon,  if  discussion  is  permitted  on  extrinsic 
matters.  The  question  is  on  the  adoption  of 
the  section,  as  amended.  If  the  gentleman 
from  Humboldt  desires  to  speak  to  that  ques- 
tion, he  can  do  so. 

Mr.  BANKS.  I  do  not  wish  to  speak,  under 
the  ruling  of  the  Chair,  but  it  certainly  seems 
to  be  verv  close. 

The  CHAIRMAN.  It  may  be  necessary  to 
rule  closer  than  that  before  we  get  through  our 
business. 

Mr.  BANKS.  The  remarks  I  desire  to  make 
I  know  would  be  out  of  order,  considered 
alone,  but  I  wish  to  say  something  before  I  get 
through,  with  reference  to  the  section. 

The"  CHAIRMAN.  If  there  is  no  objection 
the  gentleman  will  proceed. 

Mr.  DeLONG.     I  object. 

The  question  was  taken  on  the  adoi^tion  of 
the  section,  as  amended,  and  it  was  adopted. 

TERMS   OF   FHl-ST   STATE    OFFICERS. 

Section  15  was  read,  as  follows  : 

Sec.  15.  The  Governor,  Lieutenant-Governor,  Secre- 
tary of  State,  State  Treasurer,  State  Controller,  Attor- 
ney-General, Surveyor-General,  Clerk  of  the  Supreme 
Court,  and  Superintendent  of  Public  Instruction,  to  be 
elected  at  the  first  election  under  this  Constitution, 
shall  each  be  qualified  and  enter  upon  the  duties  of 
their  resiiective  offices  on  the  first  Monday  of  Decem- 
ber succeeding  their  election,  and  shall  continue  in 
office  until  the  first  Tuesday  after  the  first  Monday  of 
January,  A.  D,  18G7,  and  until  the  election  and  qualifi- 
cation of  their  successors  res]5ectively. 


Mr.  KENNEDY.  I  move  the  adoption  of  the 
section  as  read. 

Mr.  McC LINTON.  "Where  will  provision  be 
made  for  the  amount  of  bonds  to  be  given  by 
the  State  officers  for  their  first  terms  ? 

Mr.  DeLONG.  The  Legislature  will  provide 
for  that. 

Mr,  McCLINTON.  But  the  Legislature  can- 
not even  assemble  till  after  the  Governor  is 
sworn  in. 

The  CHAIRMAN.  It  is  not  usual  for  a  Gov- 
ernor to  give  bonds. 

Mr.  McCLINTON.  But  the  Secretary  of  State 
and  Controller  must  give  bonds. 

The  CH  Al  RM  AN.  I  will  say  that  the  under- 
standing is  this,  with  reference  to  those  officers 
who  are  required  to  give  bonds,  that  before  the 
meeting  of  the  Legislature— and  I  will  mention 
in  that  relation,  that  a  section  has  already  been 
adopted,  I  think,  or,  at  any  rate,  it  is  contem- 
plated, to  continue  in  force  the  laws  of  the 
Territory,  so  far  as  they  are  applicable  and 
consistent  with  this  Constitution,  and  those 
laws  would  certainly  be  applicable,  and  not 
inconsistent,  in  this  matter  of  prescribing  the 
duties  and  requirpuients  of  all  these  officers, 
except  those  which  are  not  known  to  the  Terri- 
torial laws — 

Mr,  DeLONG.     The  Controller  is  not. 

The  CHAIRMAN.  But  the  Territorial  Audi- 
tor continues  till  the  Controller  elected  is  pre- 
pared to  enter  upon  his  duties.  It  might,  how- 
ever, be  somewhat  a  stretch  of  language  to 
make  the  Territorial  laws  apply  to  the  Control- 
ler ;  and  it  will  be  remembered  that  I  recom- 
mended and  advocated  the  changing  of  the 
name  of  that  officer  from  Controller  to  Auditor, 
but  the  sense  of  the  Convention  was  adverse  to 
the  proposition.  It  may  possibly  be  necessary 
to  make  some  special  provision  relative  to  the 
bonds  of  the  Controller,  as  also  of  the  Surveyor- 
General. 

Mr.  McCLINTON.  That  is  why  I  made  the 
inquiry.  I  knew  that  we  had  provided  for  the 
creation  of  officers  unknown  to  the  Territorial 
form  of  government,  and  the  question  arose  in 
my  mind  as  to  what  power  there  would  be  to 
require  them  to  give  any  bonds  al  all. 

The  CHAIRMAN.  There  is  certainly  no  pro- 
vision applicable  to  those  officers  in  the  Terri- 
torial laws. 

Mr.  McCLINTON.  Then  it  would  be  proper, 
I  suppose,  to  incorporate  here  a  section  making 
that  provision. 

Mr.  DeLONG.  Several  other  questions  might 
arise,  as  for  instance,  who  are  to  issue  their 
commissions,  and  who  are  to  swear  them  in,  if 
all  the  Territorial  officers  are  legislated  out  un- 
der the  Constitution? 

The  CHAIRMAN.  These  are  pertinent  in- 
quiries, and  should  receive  the  attention  of  the 
committee,  or  members  of  the  Convention.  At 
the  proper  time  it  will,  of  course,  be  in  order 
to  move  such  provisions  as  have  been  sug- 
gested. 

Mr.  BROSNAN.    I  hope  that  the  gentlemen 


708 


SCHEDULE. 


[19th  day. 


Monday,]         Warwick — CHAraMAN— Brosxan — McClinton — Banks— Collins,  etc.       [July  25. 


making  these  suggestions  will   draw  up   the 
necessary  amendments. 

No  amendment  being  ofiFered,  the  section,  as 
read,  was  adopted. 

COMMENCEMENT    OF    TERMS    OF   FIRST   JUDGES. 

Section  16  was  read,  as  follows  : 

Sec.  16.  The  Judges  of  the  Supreme  Court,  District 
Judge.s,  and  County  Judges,  provided  to  be  elected  at 
tlic  til-tit  election  under  this  Constitiition,  shall  be 
quaUfied  and  enter  upon  the  duties  of  their  respective 
offices  on  the  first  Monday  of  December  succeeding 
their  election. 

Mr.  WARWICK.  Was  it  not  the  instruction 
of  the  Convention  to  strike  out  the  words 
" County  Judges"  wherever  they  occur? 

The  CHAIRMAN.  Yes,  sir.  The  Secretary 
will  make  that  amendment. 

No  further  amendment  being  offered,  the  sec- 
tion, as  amended,  was  adopted. 

The  CHAIRMAN.  On  examining  the  section 
just  adopted,  I  think  there  is  another  section 
contained  in  the  Judiciary  article,  which  is 
substantially  the  same. 

Mr.  BROSNAN.  This  provides  that  they 
shall  hold  from  and  including  the  first  Monday 
in  December.     That  makes  it  right. 

The  CHAIRMAN.  But  the  Chair  understands 
that  the  same  provision  is  made  in  a  section 
adopted  previously.  We  should  avoid  a  rep- 
etition. 

Mr.  McCLINTON.  I  move  to  reconsider  the 
vote  by  which  the  section  was  adopted,  and  I 
would  like  to  hear  the  section  read  to  which 
the  Chairman  refers. 

Mr.  BROSNAN.  The  provision  is  contained 
in  Sections  3  and  5  of  the  article  on  the  Judi- 
cial Department. 

Mr.  BANKS.  How  are  the  first  Supreme 
Court  Judges  to  agree  upon  who  shall  have 
the  long,  and  who  the  short  terms? 

Mr.  BROSXAN.  They  are  to  cast  lots.  I 
will  read  that  portion  of  Section  5  which  relates 
to  the  terms  ot  the  first  District  Judges  : 

"At  the  first  general  election  under  this  Constitu- 
tion, there  shall  be  elected  in  each  of  the  respecti\  e 
districts,  (except  as  in  this  section  hereafter  otherwise 
provided,)  one  District  Judge,  who  shall  hold  office 
from  and  including  the  first  Monday  of  December,  A. 
D.  1864,  and  until  the  first  Monday  of  January,  in  the 
year  1867." 

A  similar  provision  is  made  in  the  section  re- 
lating to  the  Justices  of  the  Supreme  Court. 

The  CHAIRMAN.  Having  some  personal 
knowledge  of  the  matter',  I  will  state,  as  ex- 
planatory of  the  apparent  confusion,  that  the 
committee  having  in  charge  the  Schedule  and 
Miscellaneous  Provisions  was  not  advised,  when 
its  report  was  nsaile.  of  the  action  taken  by  the 
Judiciary  Committee  on  tiiis  subject,  and  in  the 
meantime,  after  the  report  had  been  submitted 
to  the  Convention,  action  was  had  also  by  the 
Convention  on  the  report  of  the  Judiciary 
Committee. 

The  question  was  taken  on  Mr.  McClinton's 
motion  to  reconsider  the  vote  adopting  Section 
16,  and  the  motion  was  agreed  to. 


Mr.  McCLINTON.  Now  t  move  that  Section 
16  be  stricken  out. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

COMMISSIONS   AND   BONDS   OF   STATE    OFFICERS. 

Mr.  DeLONG.  I  move  to  amend  by  adding 
to  the  article  the  following  section: 

Sec.  — .  All  officers  of  State  first  elected  under  this 
Constitution,  shall  receive  their  commissions  from  the 
G-overnor  of  this  Territory,  countersigned  by  the  Sec- 
retary of  the  same,  and  shall  qualify  before  entering 
upon  the  discharge  of  their  duties  before  one  of  the 
Judges  of  the  Sui^reme  Court  of  this  Territory  ;  and 
also,  the  State  Controller  and  State  Treasurer  shall, 
before  they  qualify  and  enter  upon  the  discharge  of 
their  duties,  execute  and  deliver  to  the  Secretary  of 
the  Territory  an  official  bond  in  the  sum  of  fifty  thou- 
sand dollars  each,  to  be  approved  by  the  Governor  of 
this  Territory. 

Mr.  COLLINS.  Do  I  understand  that  they 
are  not  to  receive  commissions? 

Mr.  DeLONG.  Certainly  ;  all  State  oflScers 
first  elected  are  to  be  commissioned  by  the 
Governor  of  the  Territory. 

Mr.  COLLINS.  That  will  exclude  the  Dis- 
trict Judges. 

Mr.  DeLONG.  I  will  accept  an  amendment 
to  include  them.  Let  it  read  "  all  otficers  of 
State,  and  District  Judges  first  elected,''  etc. 

Mr.  McCLINTON.  I  suggest  that  the  Survey- 
or General  should  be  required  to  give  bonds, 
also. 

Mr.  KINKEAD.  How  long  is  it  proposed 
that  these  bonds  shall  remain  in  force? 

Mr.  DeLONG.  As  long  as  the  oflScers  elected 
hold  their  offices. 

Mr.  KINKEAD.  There  seems  to  be  no  proper 
proportion  observed  in  these  bonds.  It  occurs 
to  me  that  the  Treasurer's  bond  should  be  con- 
siderably larger,  and  the  Controller's  smaller. 

Mr.  COLLINS.  I  suggest  whether  it  would 
not  1)6  better  to  leave  the  amount  of  the  bonds 
entirely  to  the  Legislature. 

The  CHAIRMAN.  The  Controller  and  Treas- 
urer, at  least,  should  give  bonds  before  entering 
upon  their  duties. 

Mr.  DeLONG.  I  will  accept  any  amendment 
which  the  gentleman  from  Ormsby  (Mr.  Kin- 
kead)  thinks  would  be  proper  in  reference  to 
the  amount  of  the  bonds.  1  think  that  unless 
we  adopt  some  such  provision,  those  otticers 
cannot  be  required  to  give  any  additional 
bonds,  and  consequently  we  had  better  fix  the 
specific  amount  which  we  think  they  ought  to 
give. 

Mr.  KINKEAD.  AVhy  not  leave  it  to  the 
Legislature  to  fix  the  amount  of  their  bonds? 

Mr.  CHAPIN.  I  will  move  to  amend  the  sec- 
tion so  as  to  provide  that  it  shall  remain  in 
force  until  otherwise  provided  by  law. 

Mr.  DeLONG.  As  some  modifications  are 
clearly  necessary,  I  will  withdraw  the  section 
for  the  present. 

CONTINUANCE    OF   COUNTY    OFFICERS. 

Mr.  KINKEAD.     I  am   informed  by  one  of 


19th  day.] 


SCHEDULE. 


709 


Monday,] 


Warwick — Chairman — ^Kennedy — DeLoxg. 


[July  25. 


the  reporters  that  Section  12  of  this  article  has 
not  vet  been  adopted. 

The  CHAIRMAN.  The  Secretary  will  read 
Section  12. 

The  SECRETARY  read  Section  12,  as  here- 
tofore amended,  as  follows : 

Sec.  12.  All  couutj-  officers  under  the  laws  of  the 
Territory  of  Nevada,  at  the  time  when  this  Constitution 


Mr.  WARWICK.  It  does,  undoubtedly,  and 
it  was  the  desire  of  the  committee  to  change 
the  term  of  the  Probate  Judge,  as  well  as  the 
others. 

The  CHAIRMAN.  But  would  it  not  be  con- 
strued as  continuing  his  term  of  office  beyond 
that  of  the  other  Probate  Judges? 

Mr.  WARWICK.  It  would,  if  he  is  not  re- 
shall  take  effect,  whose  offices  are  not  inconsistent  with  !  garded  as  a  county  officer.     I  do  not  especially 


the  provisions  of  this  Constitution,  shall  continue  in 
office  until  the  first  Monday  of  January,  A.  D.  1867, 
and  until  their  successors  shall  be  elected  and  quali- 
fied :  and  all  township  officers  shall  continue  in  office 
until  the  expiration  of  their  terms  of  office,  and  until 
their  successors  are  elected  and  qualified.     I'rovided, 

that  the  Probate  Judges  of   the  several  counties  re- ,  ,  i  iu     c     i  ^r       i  r  r,  i~  i         -j. 

Bpectively,  shall  continue  in  office  until  the  election  !  beyond  the  first  Monday  of  December,  when  it 
and  qualification  of  the  District  Judges  of  the  several    is  proposed    that   all   the   Probate  Judges  shall 

be  in  effect  superseded  ? 


name  him  in  the  amendment,  however,  but  con- 
sider him  as  coming  within  the  designation  of 
"  all  countv  officers.'' 

The  CHAIRMAN.    Would  not  the  amend- 
ment  have   the  eft'tct  of  extending   his   term 


counties  or  judicial  districts. 


LANDER  COUNTY  OFFICERS — AGAIN. 

Mr.  WARWICK.    I  desire  to  amend  the  sec 
tion   by   adding  a  proviso  that  the  election  of 


Mr.  WARWICK.  If  by  any  construction  or 
implication  that  might  occur,  I  shoul  I  like  to 
have  it  obviated,  by  all  means.  It  might  be 
made  to  read — '•  The  terms  of  the  several  offi- 


county  officers  for   Lander   County   shall   take  j  cers  of  Lander  County,  Probate  Judges  except- 
place  at  the  general  election  in  November,  1864.   ^d,"  and  so  on.     If  the  Cliair  will  allow  me  a 
at  which  time  the  term  of  the  present  incura- 1  moment,  I  will  endeavor  to  prepare  a  substitute, 
bent  shall  expire,  or  us  soon  thereafter  as  their 
successors  shall  be  elected  and  qualified.     This 
amendment  was  copied  into  the  Schedule  on 
my  motion  during  the  session  of  the  Commit- 
tee on  Schedule,  but  owing  to  some  oversight 
in  preparing  the  report,  during  my  absence,  it 


The  CHAIRMAN.     Certainly. 

Mr.  WARWICK.  I  will  move,  as  a  substi- 
tute for  my  former  amendment,  to  add  to  Sec- 
tion 12  the  following  : 

"  And  further  provided,  that  the  terms  of  the  present 
county  officers  of  Lander  County  .shall  expire  on  the 


was  left  out.     I  believe  it  is  the  general   desire  :  first  Monday  of  December,  1801,  and  until  the  election 
of   the   members   of  the   committee   that  the  ^^^d  q^/iification  of  the  successors  of  such  officers  as 
1-    1,   11  1  1  are  not  inconsistent  with  tlie  provisions  of  this  Con- 

amendment  snail  be  made.  ]  stitution.     The  several  county  officers  of  said  County 

The   CHAIR.MAN.     I    suggest    that   perhaps    of  Lander  shall  be  chosen  at  the  general  election  in 
the    gentleman's    amendment    had    better   be   November,  A.  D.  1864." 


varied  in  phraseology  by  bringing  the  term  up 
to  the  first  of  .lanuary,  so  as  to  make  it  conform 
to  the  general  system. 

Mr.  WARWICK.  I  have  no  objection,  sir  ; 
let  it  be  modified  in  any  manner  to  make  it 
conform.  I  will  ask  that  the  amendment  be 
read  by  the  Secretary  as  I  have  offered  it. 

The  "Secretary  read  Mi'.  Warwick's  amend- 
ment, as  follows  : 

"  Provided,  further,  that  the  election  of  county  offi- 
cers in  Lander  County  shall  take  place  at  the  general 
election  in  the  month  of  November,  1864,  at  which 
time  the  term  of  the  present  incumbents  shall  expire, 
or  as  soon  thereafter  as  their  successors  .shall  be  qual- 
ified ;  and  the  terms  of  the  several  officers  of  Lander 
County  so  elected  at  the  general  election  in  November, 
1864,  shall  continue  until  the  first  Monday  of  January, 
1867,  and  until  the  election  and  qualification  of  their 
successors." 

Mr.  WARWICK.  This  is  done  in  order  to 
secure  a  uniformity  in  the  time  of  election,  as 
we  found  in  the  committee  that  Lander  County 
would  be  the  only  one  to  elect  county  officers 
next  year.  In  order  to  make  the  elections  in 
all  the  counties  conform  to  one  general  rule, 
all  occurring  on  the  same  day,  this  amendment 
is  offered,  with  the  fall  concurrence  of  the  Com- 
mittee on  Schedule. 

The  CHAIRMAN.  I  would  suggest  whether 
the  amendment  might  not  seem  to  embrace  the 
office  of  Probate  Judge,  as  Avell  as  the  other 
county  officers  ? 


The  question  was  taken  upon  Mr.  Warwick's 
amendment,  as  modified,  and  it  was  agreed  to. 

The  question  was  stated  on  the  adoption  of 
Section  12,  and  it  was  read  as  amended. 

Mr.  KENNEDY.  It  seems  to  me  this  section 
has  been  changed  a  little.  I  understood  that 
the  county  officers  were  only  to  be  continued 
until  the  expiration  of  their  present  terms,  but 
it  now  seems,  according  to  the  reading  of  the 
section,  that  they  are  to  hold  till  January,  1867. 

The  CHAIRMAN.  The  gentleman  is  aware 
that  those  officers  who  are  elected  this  fall  are 
elected  to  hold  office  till  October,  18GC.  Now 
it  is  proposed  by  this  section,  upon  the  recom- 
mendation of  the  Committee  on  Schedule,  to 
extend  the  time  from  October  to  January. 

Mr.  KENNEDY.   I  only  wish  to  understand  it. 

The  question  was  taken  on  the  adoption  of 
Section  12,  as  amended,  and  it  was  adopted. 

COMMISSIONS   AND   OFFICIAL   BONDS— AGAIN. 

Mr.  DeLONG.  Now  my  amendment  is  pre- 
pared. I  move  to  add  "the  following,  as  an 
additional  section  : 

Sec.  — .  All  officers  of  State,  and  District  .Judgea, 
shall  be  commissioned  by  the  Governor  of  this  Terri- 
tory, which  commission  shall  be  countersigned  by  the 
Secretary  of  the  same,  and  shall  qualify  before  enter- 
ing upon  the  discharge  of  their  duties,  before  a  Judge 
of"the  Supreme  Court  of  this  Territory ;  and  also  the 
State  Controller  and  State  Treasurer  shall,  before  they 
qualify  and  enter  upon  the  discharge  of  their  duties, 


710 


SCHEDULE. 


[19th  day. 


Monday,]      Banks— Chairman— DeLong—McCllnton—Brosnan— Parker— Dunne.       [July  25. 


execute  and  deUver  to  the  Secretary  of  the  Territory 
an  official  bond,  made  payable  to  the  people  of  the 
State  of  Nevada  in  the  sum  of  thirty  thousand  dollars 
each,  to  be  approved  by  the  Governor  of  this  Territory, 
and  shall  also  execute  and  deliver  to  the  Secretary  of 
State  such  other  or  further  official  bond  or  bonds  as 
may  be  required  by  law. 

Mr.  BANKS.  Are  District  Judges  regarded 
as  State  officers  ? 

The  CHAIRMAN.  No,  sir;  and  it  was  to 
obviate  any  ditiiculty  on  that  account,  as  I  un- 
derstand, that  the  words  "  and  District  Judges  "' 
were  inserted. 

Mr.  BANKS.  Then  I  understand  that  all  of 
the  District  Judges  will  have  to  come  up  to  the 
capital,  to  be  sworn  in  by  one  of  the  Supreme 
Court  Judges. 

The  CHAIRMAN.  Does  the  gentleman  from 
Humboldt  wish  to  offer  an  amendment? 

Mr.  Bx\NKS.  It  says  '■  before  a  Judge  of  the 
Supreme  Court,"  but  that  does  uot  help  the 
matter,  I  think.  The  difficulty  is  this,  that  it 
involves  the  necessity  of  the  District  Judges 
comhig  to  the  capital,  or  going  elsewhere,  and 
the  distance  may  be  quite  as  great,  in  order  to 
appear  before  a  Justice  of  the  Supreme  Court. 

Mr.  DeLONG.  I  have  no  objection  to  modify- 
ing that  language. 

Mr.  BANfvS.  I  will  move,  then,  to  substitute 
the  words  "  before  any  officer  authorized  to  ad- 
minister oaths." 

The  CHAIRMAN.  The  mover  of  the  section 
is  preparing  an  amendment. 

Mr.  IjANKS.     Very  well ;  I  withdraw  mine. 

Mr.  DeLONG.  I  will  modify  the  section  so 
as  to  read  as  follows  : 

Sec.  — .  All  officers  of  State,  and  District  Judges, 
first  elected  under  this  Constitution,  shall  be  oomniis- 
Bioned  by  the  Governor  of  this  Territory,  which  com- 
mission shall  be  countersigned  by  the  Secretary  of  the 
same,  and  shall  qualify  before  euteriufj;  uixm  the  dis- 
charge of  their  duties  before  any  officer  authorized  to 
administer  oaths  under  the  laws  of  this  Territory;  and 
also  the:  State  Controller  and  State  Treasurer  shall,  be- 
fore they  qualify  and  enter  upon  the  discharge  of  their 
duties,  ftxecute  and  deliver  to  the  Secretary  of  the  Ter- 
ritory an  official  bond,  made  payable  to  the  people  of 
the  State  of  Nevada,  in  the  siun  of  thirty  thousand 
dollars  each,  to  be  approved  by  the  Governor  of  this 
Territory;  and  shall  also  execute  and  deliver  to  the 
Secretary  of  State  such  other  or  further  official  bond 
or  bonds  as  may  be  required  by  law. 

Mr.  McCLINTON.  My  question  has  not  yet 
been  satisfactorily  answered — whether  the  Snr- 
veyor-General  is  to  be  required  to  give  any 
bonds  at  all? 

Mr.  DeLONG.   Not  till  the  Legislature  meets. 

The  CHAIRMAN.  That  is  not  an  important 
office. 

Mr.  McCLINTON.    Very  well  ;  I  am  content. 

The  (juestion  was  taken  on  the  adoption  of 
the  section  proposed  by  Mr.  DeLong,  as  finally 
modified,  and  it  was  adopted. 

I'l IDLING    VACANCIES. 

Mr.  BilOSNAN.  I  have  two  additional  sec- 
tions to  the  Schedule  to  propose,  and  I  ask  that 
they  be  numbered  according  to  their  order  in 
tlie  instrument.   First.  I  will  offer  the  following : 


Sec.  — .  In  case  the  office  of  any  Justice  of  the  Su- 
preme Court,  District  Judge,  or  other  State  office,  shall 
become  vacant  before  the  expiration  of  the  regular 
term  for  which  he  was  elected,  the  vacancy  may  be 
filled  by  appointment  by  the  Governor,  until  it  shall 
be  supplied  at  the  next  general  election,  when  it  shall 
be  filled  by  election  for  the  residue  of  the  unexpired 
term. 

The  question  was  taken,  and  the  section  was 
adopted. 

SUPPORT  OF  LOCAL  OFl-'ICERS. 

Mr.  BROSNAN.  I  now  propose  the  follow- 
ing: 

Sec.  — .  Each  county,  town,  city,  and  incorporated 
village,  shall  make  provision  for  the  support  of  its 
own  officers,  subject  to  such  regulations  as  the  Legis- 
ture  may  prescribe. 

The  question  was  taken,  and  the  section  was 
adopted. 

Mr.  PARKER.  I  move  that  the  committee 
rise  and  report  the  ai-ticle  back  to  the  Conven- 
tion, with  the  amendments  adopted. 

The  question  was  taken,  the  motion  was 
agreed  to,  and  the  committee  accordingly 
rose. 

IN   CONVENTION. 

The  SECRETARY  reported  that  the  Commit- 
tee of  the  Whole  had  had  under  consideration 
the  remaining  sections  of  Article  XVII,  (as  re- 
numbered,) entitled  Schedule,  had  made  some 
amendments  thereto,  in  which  the  committee 
asked  the  concurrence  of  the  Convention,  and 
had  instructed  him  to  report  the  same  to  the 
Convention,  and  recommend  the  passage  of  the 
article  with  such  amendments. 

The  report  was  accepted,  the  amendments 
made  in  Committee  of  the  Whole  were  adopted, 
in  gross,  and  the  article,  as  amended,  was  or- 
dered to  be  engrossed  for  a  third  reading. 

LEAVE    OF   ABSENCE. 

Mr.  DUNNE.  I  ask  leave  to  say  a  few  words 
upon  a  question  of  privilege.  When  I  asked 
indefinite  leave  of  absence  this  nu)rning,  many 
members  of  the  Convention  did  not  understand, 
as  I  have  since  learned,  that  I  made  the  request 
for  very  urgent  reasons.  Some  gentlemen  did 
not  know  that  I  gave  any  reasons,  and  supposed 
that  I  was  asking  leave  of  absence  merely  be- 
cause I  was  tired  of  the  Convention,  and  wanted 
to  get  away.  I  only  Avant  to  say  now  that  such 
is  not  the  case,  and  that  on  the  contrary  I  have 
been  very  much  interest^-d  in  the  j)roceedings 
of  the  Convention,  and  would  be  willing  to  re- 
main two  weeks  longer,  if  it  were  necessary, 
and  I  could  possibly  do  so  ;  but  there  are  very 
urgent  reasons,  indeed,  why  I  should  return 
home.  I  will  now  renew  my  request  for  indefi- 
nite leave  of  absence. 

The  question  was  taken,  and  indefinite  leave 
of  absence  was  granted  to  Mr.  Dunne,  in  ac- 
cordance with  his  request. 

The  hour  of  twelve  o'clock  having  arrived, 

The  PRESIDENT  declared  tlie  Convention  at 
recess  until  two  o'clock. 


19tli  day.] 


JUDICIAL  DEPARTMENT. 


711 


Monday,] 


CuoiSiuN— 'i\"akwic;- — DkLoxg-Chapin— Johx.-,jn. 


[July  25. 


AFTERNOON  SESSION. 

The  Convention  reassembled  at  two  o'clock) 
P.  M.,  and  was  called  to  order  by  the  Presi- 
dent. 

JUDICIAL    DEPARTMENT. 

Mr.  CROSMAN,  from  the  Committee  on  En- 
grossment, reported  correctly  engrossed  Article 
VI,  entitled  Judicial  Department. 

Mr.  CROSMAN.  In  examining  this  article, 
as  engrossed,  the  committee  find  what  we  think 
is  an  error,  occurring  in  Section  2,  to  which  I 
desii'e  to  call  the  attention  of  the  Convention. 

The  PRESIDENT.  In  consequence  of  the 
noise  of  the  falling  rain,  [a  very  heavy  shower 
of  rain  was  falling,]  it  will  be  necessary  for 
gentlemen  to  pay  particular  attention,  in  order 
to  hear  the  proceedings. 

Mr.  WARWICK.  Wlth  the  most  intense  atten- 
tion, it  is  almost  impossible,  in  this  part  of  the 
chamber,  to  hear  a  word  that  is  said.  I  think 
it  would  be  Ihe  part  of  wisdom  to  suspend  for 
a  few  minuteii. 

Mr.  DeLONG.     Suspend  what  ?     The  rain  ? 

Mr.  WARWICK.  No,  sir ;  the  business. 
[Merriment.] 

Mr.  CROS.VIAN.  I  ask  for  the  reading  of  Sec- 
tion 2,  as  engrossed. 

The  Secretary  read,  as  follows  : 

Sec.  2.  Tlie  Supreme  Court  shall  consist  of  a  Chief 
Justice  aud  two  associate  Justices,  a  majority  of  whom 
shall  cousUtute  a  quorum  ;  pi-uvided,  that  the  Legisla- 
ture, by  a  majority  of  all  the  members  elected  to  each 
branch  thereof,  or  at  any  time  thereafter,  provide  for 
the  election  of  two  additional  associate  Justices,  aud  if 
so  increased,  three  shall  constitute  a  quorum.  The 
concurrence  of  a  majority  of  the  whole  Court  shall  be 
necessary  to  render  a  decision. 

Mr.  CROSMAN.  There  is  evidently  an  error 
in  the  engrossment  of  this  section.  The  words 
"  or  at  any  time  thereafter,''  in  the  opinion  of 
the  committee,  are  out  of  place,  and  the  com- 
mittee recommend  that  those  words  be  strick- 
out,  and  the  word  '•  may  "  inserted  instead. 

The  PRESIDENT.  In  the  old  Constitution, 
the  reading  of  the  section  was,  that  the  Legis- 
lature may  "  at  its  second  session,  or  at  any 
time  thereafter,  provide  for  the  election,"  &c. 
The  restriction  as  to  the  particular  session  of 
the  Legislature  having  been  removed,  of  course 
the  following  words,  "  or  at  any  time  thereaf- 
ter," are  merely  surplusage. 

The  amendment  recommended  by  the  Com- 
mittee on  Engrossn^ent  was  adopted  by  unani- 
mous consent. 

INFORMAL   RECESS. 

Mr.  CHAPIN.  I  move  that  we  suspend  pro- 
ceedings and  take  an  informal  recess,  until  this 
glorious  shower  is  over. 

The  question  was  taken,  the  motion  was 
agreed  to,  and  the  Convention  accordingly  took 
an  informal  recess. 

The  Convention  was  again  called  to  order  by 
the  President,  at  twenty-five  minutes  before 
three  o'clock. 


JUDICIAL  DEPARTMENT. 

Article  VI,  entitled  Judicial  Department,  was 
taken  up,  on  its  third  reading. 

The  Secretary  read  Sections  1,  2,  and  3,  as 
follows  : 

Section  1.  The  judicial  power  of  the  State  shall  be 
vested  in  a  Supreme  Court,  District  Courts,  and  in  Jus- 
tices of  the  Peace.  The  Legislature  may  also  establish 
Courts,  for  municipal  purposes  only,  in  incorporated 
cities  aud  towns. 

Sec.  2.  The  Supreme  Court  shall  consist  of  a  Chief 
Justice  and  two  associate  Justices,  a  majority  of  whom 
shall  constitute  a  quorum  ;  provided,  that  the  Legisla- 
ture, by  a  majority  of  all  the  members  elected  to'eaoh 
branch  thereof,  may  provide  for  the  election  of  two 
additional  associate  Justices,  and  if  so  increased,  three 
shall  constitute  a  quorum.  The  concurrence  of  a  ma- 
jority of  the  whole  Court  shall  be  necessary  to  render 
a  decision. 

Sec.  3.  The  Justices  of  the  Supreme  Court  shall  be 
elected  by  the  qualified  electors  of  the  State  at  the 
general  election,  as  provided  by  law,  and  shall  hold 
ofHce  for  the  term  of  six  years  from  the  first  Monday 
of  January  next  succeeding  their  election  ;  provided, 
that  there  shall  be  elected  at  the  first  election  under 
this  Constitution,  three  Justices  of  the  Supreme  Court, 
who  shall  hold  office  from  and  including  the  first  Mon- 
day of  December,  A.  D.  1864,  and  continue  iu  office 
thereafter  two,  four,  aud  six  years  resxsectively,  and 
from  the  first  Monday  of  January  next  succeeding  their 
election.  They  shall  meet  as  soon  as  practicable  after 
their  election  and  qualification,  and  at  their  first  meet- 
ing shall  classify  themselves,  and  determine  by  lot  the 
term  of  office  each  shall  fill,  and  the  Justice  drawing 
the  shortest  term  shall  be  Chief  Justice,  and  after  the 
expiration  of  his  term,  the  one  having  the  next  short- 
est term  shall  be  Chief  Justice,  after  which  the  senior 
Justice  in  commission  shall  be  Chief  Justice. 

THE    CHIEF    JUSTICE. 

[Mr.  LocKwooD  in  the  chair.] 

5lr.  JOHNSON.  I  do  not  propose  to  renew 
the  discussion  regarding  the  number  of  the  Su- 
preme Court  Judges,  for  I  am  williug  to  accept 
as  final  the  decision  of  a  majority,  that  for  the 
first  term  there  shall  be  only  three  instead  of 
five  judges,  although  it  is  well  known  that  I 
would  prefer  the  larger  number.  I  am  content 
with  having  given  to  the  Legislature  power  to 
increase  the  number,  for  I  think  that  scarcely 
two  years  will  have  passed,  ere  the  Legislature 
will  provide  for  such  increased  number.  But 
the  difficulty  to  which  I  wish  to  direct  attention 
is  this  :  I  do  not  find  anywhere  that  the  Consti- 
tution fixes  the  tenure  of  office  of  those  addi- 
tional Judges,  except  in  this  section,  where  it 
reads  that  the  Justices  of  the  Supreme  Court 
"  shall  hold  office  for  the  term  of  six  years  from 
the  first  Monday  of  January  next  succeeding 
their  election."  Now  the  point  which  suggests 
itself  to  my  mind  is  in  regard  to  the  latter 
clause  of  the  section,  where  it  is  provided  that 
they  shall  draw  lots.     It  then  proceeds  thus  : 

"And  the  Justice  drawing  the  shortest  term  shall 
be  Chief  Justice,  and  after  the  exijiration  of  his  term, 
the  one  having  the  next  shortest  term  shall  be  Chief 
Justice,  after  which  the  senior  Justice  in  commission 
shall  be  Chief  Justice." 

We  shall  experience  no  trouble,  so  long  as 
there  are  but  three  Justices,  but  in  the  event  of 
an  increase  of  the  number  to  five,  there  will  be 
two  elected  at  the  same  time,  and  the  commis- 


712 


JUDICIAL  DEPARTMENT. 


[lOth  day. 


Monday,] 


Brosxan — Johnson— DeLong—McClinton. 


[July  25. 


sions  of  those  two  Justices  will  necessarily  bear 
the  same  date.  Then  when  the  period  shall 
arrive  for  determining  who  shall  be  the  Chief 
Justice,  as  between  those  two  additional  mem- 
bers of  the  Supreme  bench,  the  query  at  once 
presents  itself,  which  shall  be  regarded  as  the 
senior  justice  in  commission  ?  Where  is  the  con- 
stitutional provision  found,  or  in  what  manner 
can  it  be  determined,  under  the  provisions  of 
the  Constitution  as  we  now  have  it,  who  shall 
be  the  Chief  Justice? 

Mr.  BROSNAN.  I  appreciate  the  remarks  of 
the  gentleman  from  Ormsby.  (Mr.  Johnson.) 
but  I  take  it  that  in  case  the  Legislature  shall 
authorize  the  election  of  two  additional  Jus- 
tices of  the  Supreme  Court,  they  will,  at  the 
same  time  when  they  do  so,  make  provision  for 
that  very  exigency. 

Mr.  JOHNSON.  I  do  not  see  how  the  Legis- 
lature will  have  the  power  to  do  so,  unless  we 
adopt  some  provision  conferring  such  power. 
All  legislation  must  of  course  be  in  conformity 
with  the  Constitution,  and  the  only  provision 
on  the  subject  therein  contained  would  be  this, 
that  after  the  terms  of  the  first  incumbents  the 
justice  having  the  senior  commission  shall  be 
the  Chief  Justice. 

Mr.  BROSNAN.  We  might  adopt  a  provi- 
sion to  guard  against  the  occurrence  of  the 
difficulty.  I  think  there  is  such  a  provision  in 
the  old  Constitution. 

Mr.  JOPINSON.  Such  a  provision  is  con- 
tained in  the  former  Constitution.  All  I  desire 
in  regard  to  this  matter,  is  to  carry  out  the 
views  of  the  majority  of  the  Convention.  In 
the  Judiciary  Committee,  it  appears,  the  latter 
portion  of  the  original  section  was  stricken  out. 
and  I  can  very  readily  understand  the  reason 
it  was  done.  It  was  because  the  idea  at  first 
prevailed  in  the  committee,  of  having  five 
judges,  with  power  in  the  Legislature  to  de- 
crease the  number  to  three,  and  if  that  course 
had  been  pursued,  certainly  no  ditficulty  could 
ever  arise.  As  the  section  now  stands,  I  sub- 
mit whether  these  words  are  not  necessary,  as 
they  are  contained  in  the  original  section  of  the 
former  Constitution  : 

"And  in  case  the  commission  of  any  two  or  more  of 
Baid  justices  shall  bear  the  same  date,  they  shall  deter- 
mine by  lot  who  shall  be  Chief  Justice." 

Mr.  BROSNAN.  I  think  the  gentleman  from 
Ornishy  is  correct,  and  I  hope  he  will  offer  the 
amendment. 

Mr.  JOHNSON.  I  would  prefer  that  it  should 
emanate  from  the  Chairman  of  tlie  Judiciary 
Committee. 

Mr.  BROSNAN.  I  will  ask  unanimous  con- 
sent to  add  to  the  section  the  words  which  the 
gentleman  from  Orms))y  has  read. 

The  amendment  was  adopted  by  unanimous 
consent. 

.lURISmOTFON    OF   SUPREME    COURT. 

[The  President  in  the  chair.] 
Section  4  was  read,  as  follows  : 
Sec.  4.    The  Supreme  Court  shall  have  appellate  ju- 
risdiction in  all  cases  in  equity;  also,  in  all  cases  at 


law  in  ■which  is  involved  the  title  or  the  posses- 
sion of  real  estate  or  mining  claims,  or  the  legality  of 
any  tax,  impost,  assessment,  toU,  or  municipal  tine, 
or  in  which  the  demand,  (exclusive  of  interest.)  or  the 
value  of  the  property  in  («ntroversy ,  exceeds  three  hun- 
dred dollars ;  also,  in  all  other  civil  cases  not  included 
in  the  general  subdivisions  of  law  and  equity,  and  also 
in  all  criminal  cases  in  which  the  offense  charged 
amounts  to  felony,  on  questions  of  law  alone.  The 
Court  shall  also  have  power  to  issue  writs  of  manda- 
mus, certiorari,  prohibition,  quo  warranto,  and  habeas 
corpus,  and  also  all  writs  necessary  or  proper  to  tlie 
complete  exercise  of  its  appellate  jurisdiction.  Each  of 
the  justices  shall  have  power  to  issue  writs  of  habeas 
corpus  to  any  part  of  the  State,  upon  petition  on  behalf 
of  any  person  held  in  actual  custody,  and  may  make 
such  writs  retiirnable  before  himself  or  the  Suiirome 
Court,  or  before  any  District  Coui-t  in  the  State,  or  be- 
fore any  judge  of  said  Courts. 

Mr.  BROSNAN.  That  language  is  not  right 
in  the  first  part  of  the  section.  It  should  read  : 
■'  also  in  all  cases  at  law  in  which  is  involved 
the  title,  or  the  right  of  possession  to,  or  the 
possession  of  real  estate,'"  etc.^  You  will  find 
the  correct  language  in  Section  6,  relative  to 
the  District  Courts. 

Mr.  DeLONG.  What  is  the  difference  be- 
tween ••  the  possession  of,"  and  "  the  right  of 
possession  to?" 

Mr.  BROSNAN.  I  put  in  the  words  "  right 
of  possession,"  because  I  found  them  in  the  old 
Constitution,  I  do  not  think  there  is  much  dif- 
ference. I  will  ask  unanimous  consent  to  amend 
Section  4  by  inserting  after  "title"  the  words 
'•  or  the  right  of  possession  to." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  BROSNAN.  I  have  another  amendment, 
of  a  verbal  character.  It  is  to  insert  in  the  last 
clause,  after  the  words  "  ui)on  petition,"  the 
words  "by  or,"  so  as  to  read — "shall  have 
power  to  issue  writs  of  habeas  corpus  to  any 
part  of  the  State,  upon  petition  by,  or  on  be- 
half of  any  person,"  etc. 

The  amendment  was  agreed  to  by  unanimous 
consent, 

Mr.  McCLINTON.  I  would  like  to  inquire 
whether  some  of  these  provisions  do  not  now 
conflict  with  other  provisions  contained  in  this 
article,  whereby  we  have  enlarged  the  jurisdic- 
tion of  Justices  of  the  Peace,  giving  them  juris- 
diction in  certain  cases  where  rights  of  real 
property  are  involved? 

The  PRESIDENT.  This  section  relates  only 
to  the  Suprenu'  Court,  in  defining  its  appellate 
power.  It  will  be  seen  that  there  can  be  no 
conflict. 

Mr,  McCLINTON,  But  there  is  some  section 
wliich  jirovides  that  all  real  property,  or  the 
right  of  possession  thereto,  shall  be  siibject 
only  to  tlie  jurisdiction  of  the  District  Courts, 
and  tiie  Supreme  Court. 

The  PRESIDENT.  I  think  not,  sir.  This 
section,  howc^ver.  only  refers  to  the  Supreme 
Court,  defining  the  appellate  power  of  that 
court,  and  I  cannot  see  in  this  any  apparent 
(•()nflict,  the  Supreme  Court  being  an  A])iiellate 
Court,  and  Justices'  Courts  being  courts  of 
original  jurisdiction. 


19th  day.] 


JUDICIAL  DEPARTMENT. 


713 


Monday,] 


McClinton— Banks— Brosnan— President— Kennedy— Parker. 


[July  25. 


Mr.  McCLINTON.  There  may  be  no  conflict 
between  the  Supreme  Court  and  the  Justices' 
Courts,  and  yet  I  think  there  may  be  between 
the  District  Courts  and  Justices'  Courts. 

The  PRES[Dt-:NT.  We  have  not  yet  reached 
the  sections  relating  to  those  courts. 

Mr.  BANKS.  In  this  section  the  words  "on 
questions  of  law  alone,"  seem  to  me  to  stand 
a  great  way  off.  It  occurs  to  me  that  it  would 
read  better  and  clearer  to  say — ■■  The  Supreme 
Court  shall  have  appellate  jurisdiction,  on  ques- 
tions of  law  alone,  in  the  following  cases." 

Mr.  BROSNAN.  That  is  not  tiie  intention, 
exactly.  The  intention  is  to  confine  the  juris 
dictions  to  questions  of  law  alone  in  cases  of 
felony  ;  because  the  Supreme  Court  must  have 
jurisdiction  upon  questions  of  fact  in  certain 
other  cases,  as  in  equity  cases. 

Mr.  BANKS.  The  intention  is,  then,  to 
qualify  only  the  last  clause — •'  also  in  all  crim- 
inal eases,  etc..  on  questions  of  law  alone?" 

Mr.  BROSNAN.     Yes,  sir. 

Mr.  BANKS.  I  submit,  then,  that  the  lan- 
guage is  certainly  liable  to  the  construction  of 
qualifying  all  that  precedes  it  in  the  section. 
I  suggest  whether  it  would  not  be  better  to 
transpose  the  sentence,  so  as  to  read — "  and 
also  on  questions  of  law  alone,  in  all  criminal 
cases  in  which  the  offense  charged  amounts  to 
felony."  Would  not  that  render  the  meaning- 
more  clear?  If  the  gentleman  from  Storey 
thinks  it  is  unnecessary,  however,  I  will  not  offer 
an  amendment. 

Mr.  BiiOSNAN.  I  do  not  think  it  is  neces- 
sary myself,  but  still  I  should  like  to  have  the 
opinion  of  members  of  the  bar  upon  that  sen- 
tence as  it  stands.  I  will  ask  the  other  gentle- 
man from  Humboldt,  (Mr.  Duiuie,)  what  he 
thinks  of  it ;  and  I  will  state,  for  the  informa- 
tion of  the  gentleman  from  Humboldt,  (Mr. 
Banks,)  that  in  most  of  the  State  Constitiitions 
this  form  of  language  is  employed,  and  it  is 
the  understanding  of  the  bar  generally,  that  the 
qualification  relates  simply  to  questions  of  fel- 
ony, or  what  are  indictable  oftenses. 

The  PRESIDENT.  I  think  the  Convention 
understands  that  is  the  meaning  of  it — that  the 
qualifying  words,  "  on  questions  of  law  alone," 
apply  only  to  cases  of  lelony.  Yet  the  trans- 
position would  certainly  render  the  provision 
more  definite  ;  and  the  suggestion  is  not  a 
criticism  upon  language  used  by  the  Chairman 
of  the  Judiciary  Committee,  seeing  that  he  has 
adopted  the  words  of  the  old  Constitution. 

Mr.  BROSNAN.  I  will  accept  the  amend- 
ment.    I  certainly  have  no  feeling  about  it. 

The  amendment  suggested  by  Mr.  Banks  was 
adopted  by  unanimous  consent. 

JUDICIAL   DISTRICTS   AND   DISTRICT    JUDGES. 

Section  5  was  read,  as  follows  : 

Sec.  5.  The  State  is  hereby  divided  into  nine  Judi 
cial  Districts,  of  which  the  County  of  Storey  shall  con- 
stitute the  first;  the  County  of  Onnsby  the  second  ; 
the  County  of  Lyon  the  third ;  the  County  of  Washoe 
the  fourth  ;  the  Counties  of  Nye  and  Churchill  the 
fifth;  the  County  of  Humboldt  the  sixth;  the  County 


of  Lauder  the  seventh  ;  the  County  of  Douglas  the 
eighth ;  and  the  County  of  Esmeralda  the  ninth.  The 
County  of  Roop  shall  be  attached  to  the  County  of 
Washoe  for  judicial  jmrposes,  untili  otherwise  pro- 
vided by  law.  The  Legislature  may,  however,  by  a  vote 
of  two-thirds  of  all  the  members  elected  to  each  branch 
thereof,  provide  by  an  alteration  in  the  boundaries 
or  division  of  the  districts  herein  prescribed,  or 
otherwise,  for  increasing  or  diniinishing  the  number 
of  the  Judicial  Districts  and  jud^'cs  therein  ;  but  no 
such  change  shall  take  effect  except  in  case  of  a  vacan- 
cy, or  the  expiration  of  the  term  of  an  incumbent  of 
the  office.  At  the  first  general  election  under  the  Con- 
stitution, there  shall  be  elected  in  each  of  the  respect- 
ive districts,  (except  as  in  this  section  hereafter  other- 
wise provided,)  one  District  Judge,  who  shall  hold 
office  from  and  including  the  first  Monday  of  Decem- 
ber, A.  D.  1864,  and  until  the  first  Monday  of  January, 
in  the  year  1867  ;  after  the  said  first  election,  there 
shall  be  elected  at  the  general  election  which  im- 
mediately precedes  the  expiration  of  the  term  of  his 
predecessor,  one  District  Judge  iu  each  of  the  respec- 
tive Judicial  Districts,  (except  in  the  first  district,  as  in 
this  section  hereinafter  jsrovided.)  The  District  Judges 
shall  be  elected  by  the  qualified  electors  of  their  re- 
spective districts,  and  shall  hold  office  for  the  term 
of  tour  years  (excepting  those  elected  at  said  first  elec- 
tion) from  the  first  Monday  of  January  next  succeed- 
ing their  election  and  qualification  ;  proviled,  that  the 
first  Judicial  District  shall  be  entitled  to  and  shall  have 
three  District  Judges,  who  shall  ijossess  co-extensive 
and  concurrent  jurisdiction,  and  who  shall  be  elected 
at  the  same  times,  in  the  same  manner,  and  shall  hold 
office  for  the  like  terms,  as  herein  jirescribed  in  rela- 
tion to  the  judges  in  other  Judicial  Districts. 

The  PRESIDENT.  I  will  inquire  whether 
there  be  any  provision  to  the  effect  that  the 
County  of  Roop  shall  be  attached  to  Washoe, 
for  other  than  judicial  purposes? 

Mr.  BROSNAN.    I  think  not. 

The  PRESIDENT.  Then  I  will  suggest  that 
should  be  done.  Is  it  not  quite  as  important 
to  attach  it  to  Washoe  County  for  legislative 
and  revenue  as  for  judicial  purposes? 

Mr.  KENNEDY.  AVill  not  the  laws  govern 
that  matter  ? 

The  PRESIDENT.  They  might,  or  they 
might  not. 

Mr.  PARKER.  It  is  provided  for  in  the  laws 
of  the  Territory. 

The  PRESIDENT.  So  it  is  in  regard  to  judi- 
cial purposes.  Now  we  have  provided  in  the 
Constitution  that  the  County  of  Roop  shall  be 
attached  to  the  County  of  AVashoe  for  judicial 
purposes,  and  if  it  be  important  and  necessary 
to  provide  for  the  one  matter,  is  it  not  equally 
as  important  to  provide  that  it  shall  be  at- 
tached to  Washoe  for  other  purposes?  If  we 
had  left  the  provision  out  of  this  judicial  arti- 
cle altogether,  so  that  it  would  not  ap])ear  any- 
where in  the  Constitution,  it  might  not  have 
been  necessary  to  make  any  further  provision 
on  the  subject  than  is  made  by  continuing  in 
force  the  Territorial  laws.  This,  however,  is 
not  the  proper  place  for  the  incorporation  of 
the  further  provision  which  I  have  suggested, 
and  I  only  call  attention  to  the  matter  now,  in 
order  that  it  may  not  be  neglected. 

There  is  another  clause  of  this  section,  how- 
ever, from  which,  it  seems  to  me,  something 
must  have  been  omitted.     It  reads  as  follows  : 

"The  Legislature  may,  however,  by  a  vote  of  two- 
thirds  of  all  the  members  elected  to  each  branch  there- 


714 


JUDICIAL  DEPAETMENT. 


[19th  day. 


Monday,] 


Brosnan — President — Dunne — Collins — Banks. 


[July  25. 


of,  provide  by  an  alteration  in  the  boundaries  or  divi- 
sion of  the  districts  herein  prescribed,  or  otherwise, 
for  increasing  or  dimiuishius  the  number  of  the  Judi- 
cial Districts  and  judges  therein." 

The  SECRETARY.  That  is  exactly  as  the 
original  reads. 

Mr.  BROSNAN.  Perhaps  the  words  "for  an 
alteration  "  would  be  jireferable  to  ''  by  an  al- 
teration." 

Th(i  PRESIDENT.  I  suggest  that  it  should 
read  "  provide  by  law  for  an  alteration." 

Mr.  DUNNE.  It  seems  to  me  to  read  cor- 
rectly now.  It  says  the  Legislature  may  pro- 
vide. "  by  an  alteration  in  the  boundaries  or 
divisions  of  the  districts,"  for  the  creation  of 
anv  other  districts. 

The  PRESIDENT.  But  how  will  the  Legis- 
lature do  that,  unless  you  use  the  word  ''law?" 
In  the  first  place,  the  question  arose  as  to 
whether  we  had  given  the  power  to  the  Legis- 
lature to  make  any  such  change,  and  here  we 
confer  the  power,  by  a  two-thirds  vote  of  the 
Lcgi.-^lature  ;  but  in  what  manner  is  the  power 
to  1)1'  excreised,  unless  the  word  "  law  "  is  used? 

Mr.  DUNNE.  I  do  not  know  that  I  under- 
stand the  point.  The  language  is  the  same  as 
in  the  old  Constitution. 

The  PRESIDENT.  It  is  true  that  the  same 
language  was  employed  in  the  old  Constitution, 
but  there  may  have  been  an  accidental  omis- 
sion, or  it  may  be  the  result  of  inattention.  I 
do  not  wish,  however,  to  take  the  matter  out  of 
the  scope  of  the  intention  of  the  majority,  but 
simply  to  make  the  meaning  more  definite. 

Mr.'  BROSNAN.  I  will  accept  the  gentle- 
man's suggestion,  and  move  to  insert  the  words 
"law  for."  so  as  to  read  "provide  by  law  for 
an  alteration,"  etc. 

The  question  was  taken  on  agreeing  to  the 
amendment,  and  Mr.  COLLINS  voted  "  no." 

The  PRESIDENT.  If  there  is  a  single  ob- 
jection the  amendment  cannot  be  made  at  this 
stage. 

Mr.  COLLINS.  I  will  withdraw  my  objec- 
tion, b\it  I  cannot  see  the  force  of  the  desired 
amandm.'nt.  If  the  Legislature  is  i-equired  to 
make  such  a  provision  by  law,  and  if  a  bill  for 
that  purpose  is  passed,  and  not  signed  by  the 
Governor,  the  same  two-thirds  vote  which  is 
required  to  pass  it  originally  can  certainly  pass 
it  again  over  his  objections.  We  have  made 
this  an  exception  by  requiring  a  two-thirds 
majority,  and  the  query  seeins  to  be  whether 
the  Legishiture  could  exercise  the  power  inde- 
pendent of  the  Governor. 

Tlie  PRESIDENT.  I  think  it  is  very  clear 
that  under  this  provision  as  it  now  reads,  witli- 
ont  the  amendment,  the  Legislature  could 
make  such  a  provision  independent  of  the  ex- 
ecutive. 

Mr.  BR03N.-VN.    That  was  not  the  intention. 

Mr.  C>JLLINS.  Well,  I  withdraw  my  objec- 
tion. 

The  que-ilion  was  again  taken  on  the  amend- 
ment olf.'red  by  Mr.  Brosnan,  and  it  was  agreed 
to  unanimously. 


The  PRESIDENT.  I  suggest  that  as  the  Dis- 
trict Judges  first  elected  are  to  hold  io  the  first 
Monday  of  January,  18G7,  which  does  not  in- 
clude that  day.  the  term  of  their  successors 
should  be  fixed  "  from  and  inclusive  of  the  first 
Monday  of  January." 

Mr.  BROSNAN.  I  had  made  a  memorandum 
of  an  amendment  upon  that  point.  I  move  to 
insert  after  "  from,"  the  words  "  and  including," 
so  as  to  read  :  "  and  shall  hold  office  for  the 
term  of  four  years  (excepting  those  elected  at 
said  first  election)  from  and  including  the  first 
Monday  of  .January,"  etc. 

The  amendment  was  adopted  by  unanimous 
consent, 

Mr,  BANKS.  I  do  not  very  well  understand 
the  concluding  portion  of  this  section,  and  I  will 
ask  as  a  fiivor  to  have  the  whole  section  read 
over. 

The  SECRETARY  read  the  section,  as 
amended. 

[Mr.  KiNKEAD  in  the  chair.] 

Mr,  BROSNAN,  I  wish  to  propose  an  amend- 
ment to  the  last  part  of  the  section,  in  relation 
to  the  judges  of  the  First  Judicial  District,  I 
ask  unanimous  consent  to  add,  at  the  end  of 
the  section,  the  following  : 

"Any  one  of  said  District  Judges  may  preside  on 
the  iiupanneling  of  Grand  Juries  and  the  trial  of  in- 
dictments, under  such  rules  and  regulations  as  may 
be  prescribed  by  law." 

Mr.  BANKS.  That  amendment  seems  to  cover 
the  ground,  and  do  away  with  all  such  objec- 
tions as  were  raised  the  other  day  to  the  espe- 
cial provision  for  the  Storey  County  District.  It 
will  render  clear  and  definite  what  some  claim 
to  be  now  the  meaning  of  the  section — that 
each  of  these  three  judges  may  preside  as  a 
court,  independent  of  any  other  court,  or  any 
other  judicial  personage.  Each  is  independent 
of  his  fellows  in  that  court.  While  gentlemen 
are  consulting  as  to  the  proper  wording  of  the 
amendment,  I  may  be  allowed  to  say  that,  as 
has  been  suggested  by  my  friend  from  Washoe, 
(Mr.  Nourse.)  this  arrangement  of  a  system  for 
the  District  Court  in  tlie  First  Judicial  District, 
seems  to  have  a  theological  origin,  being  the 
very  embodiment  of  our  theological  idea  of  the 
Trinity — three  in  one,  and  each  one  the  whole. 
I  never  did,  and  do  not  pretend  to  understand 
the  metaphysical  doctrine  of  the  Trinity,  and  I 
am  in  the  same  condition  in  regard  to  this  sec- 
tion. 

Mr.  JOHNSON.  Do  you  understand  that 
each  one  is  equal  to  the  other  two,  and  himself 
also  ? 

Mr.  BANKS.  Yes,  sir.  Each  one  is  the  whole 
court,     [Merriment.] 

Mr.  liROSXAN  modified  his  anuMidment,  so 
as  to  read  as  follows  : 

"  Any  one  of  said  District  Judges  may  preside  at  the 
imiianneling  of  Grand  Juries,  and  the  x^reseutment 
and  trial  on  indictments,  under  such  rules  and  regula- 
tions as  may  be  ijrescribed  by  law." 

Mr,  JOHNSON.  I  hope  this  amendment  will 
be  adopted.     The  system  jjrovided  for  the  First 


19th  day.] 


JUDICIAL  DEPARTMENT. 


715 


Monday,] 


Banks — Pkoctor — Brosnan — Johnson — Chapin — Dunne. 


[July  25. 


District  certainly  does  not  accord  with  whit  I 
believe  would  be  the  best  form  of  a  judicial 
system,  but  the  sense  of  the  Convention  has 
been  manifested  in  opposition  to  my  own  views 
in  that  particular,  and  it  is  not  for  the  minor- 
ity to  throw  any  obstacle  in  the  way  of  a 
system  which  the  majority  adopts,  or  of  any 
amendment  calculated  to  render  it  as  perfect 
as  possible.  I  think,  myself,  that  the  amend- 
ment is  a  very  essential  and  necessary  one,  artd 
■las  it  is  proposed  by  the  chairman  of  the  Judi- 
ciary Committee,  I  hope  it  will  receive  that 
unanimous  consent  which  is  necessary  at  this 
stage  of  our  proceedings. 

Mr.  BANK8.  The  amendment  seems  to  have 
the  effect  of  empowering  the  Legislature  to 
direct  how  those  judges  shall  work.  I  am  in 
favor  of  it. 

The  amendment  was  adopted  by  unanimous 
consent. 

Mr.  PROCTOR.  There  is  one  paragraph  upon 
which  I  want  to  get  the  opinion  of  the  Commit- 
tee on  Phraseology,  or  somebody  else.  As  I 
understood  the  Secretary  to  read,  it  says  that 
no  such  vacancy  shall  be  filled,  in  the  time  of 
a  vacancy,  or  on  the  expiration  of  the  term  of 
the  incumbent,  or  to  that  effect. 

Mr.  BIKJSNAN.  No  ;  it  says  no  such  change 
shall  take  effect,  except  in  the  ease  of  a  vacancy. 

Mr.  PROCTOR.  I  do  not  think  it  was  so 
read.    Will  the  Secretary  read  it  again  ? 

The  SECRETARY.  It  reads—"  But  no  such 
change  shall  take  effect,  except  in  case  of  a 
vacancy,  or  the  expiration  of  the  term  of  the 
incumbent  of  the  office." 

Mr.  PROCTOR.     That  is  right. 

Mr.  BxlNKS.  The  amendment  just  adopted 
on  the  motion  of  the  gentleman  from  Storey, 
(Mr.  Brosnan,)  provides,  as  I  understand  it,  that 
laws  shall  be  passed  regulating  the  manner  of 
doing  that  kind  of  business  which  pertains  to 
impanneling  juries,  and  the  finding  and  trial 
of  indictments,  and  it  does  not  go  beyond  that. 
I  will  ask  the  chairman  of  the  Judiciary  Com- 
mittee if  it  goes  beyond  conferring  power  to 
make  such  laws  in  regard  to  indictments  as  the 
Legislature  shall  see  tit  to  make? 

Mr.  BROSNAN.  I  do  not  understand  that  it 
limits  the  power  of  the  Legislature  in  any  re- 
spect. The  Legislature  has  all  the  power  it 
ever  had,  in  regard  to  indictments. 

Mr.  BANKS.  Has  the  Legislature  power  to 
regulate  the  dividing  up  of  the  work  of  the 
judges,  and  to  determine  whether  each  of  the 
judges,  or  any  one  of  them,  shall  decide  a  case 
for  the  whole  court?  For  instance,  can  laws 
be  passed  to  make  the  decision  of  either  judge 
the  judgment  of  the  whole  court? 

Mr.  BROSNAN.  Certainly.  And  without  a 
law,  a  decision  of  one  would  be  a  decision,  not 
of  all  the  judges,  but  of  the  court. 

Mr.  J(3HNS0N.  While  the  gentleman  from 
Humboldt  recognizes  the  doctrine  of  a  united 
trinity,  he  forgets  the  other  analogous  idea, 
that  each  judge  is  equal  to  the  whole  court. 
They  have  co-extensive  and  co-equal  powers,  as 


is  prescribed  in  the  same  section.  But  the  ob- 
ject of  the  amendment  was  simply  this,  that  in 
order  to  leave  no  room  for  mistake  or  misun- 
derstanding, the  Legislature  shall  have  jjower  to 
prescribe  and  define  the  criminal  jurisdiction  of 
each  of  the  judges,  or  to  declare  which  of  them 
shall  exercise  the  criminal  jurisdiction  of  the 
court.  1  think  it  is  sufficiently  definitive  of 
the  authority  of  the  Legislattire.  and  the  sec- 
tion makes  the  jurisdictional  power  of  all  throe 
of  the  judges  co-e.xtensive  and  co-equal.  But 
what  I  consider  the  material  defect  of  the  sys- 
tem is  this  :  that  it  is  not  really  one  court,  and 
therefore  it  is  a  misnomer  to  designate  it  the 
District  Court  of  the  First  Judicial  District, 
when  in  fact  we  provide  for  three  distinct  Dis- 
trict Courts,  and  they  should  have  been  so 
named.  I  see  no  objection,  however,  to  the 
amendment,  by  which  the  authority  of  the 
judges  will  be  rendered  more  specifically  un- 
derstood. 

Mr.  CHAPIN.  I  would  like  to  see  a  further 
slight  change  made  in  that  paragraph,  of  a  sin- 
gle word  only.  It  says  the  Legislature  may 
"  provide  by  law  for  an  alteration,"  etc.  That, 
it  seems  to  me,  would  limit  the  Legislature  to 
one  single  alteration,  and  I  suggest  that  it  be 
made  to  read.  "  may  provide  by  law  for  altera- 
tions in  the  boundaries  or  divisions  of  the  dis- 
tricts herein  prescribed,  or  otherwise."  Then 
the  Legislature  certainly  would  not  be  limited 
to  one  alteration,  and  I  think  it  would  read  a 
little  better. 

Mr.  JOHNSON.  There  is  also  one  other 
matter  to  which  I  wish  to  call  attention  at  this 
time.  It  will  l)e  observed,  in  the  first  part  of 
the  section,  that  a  two-thirds  vote  of  all  the 
members  elected  is  required  either  to  increase 
or  diminish  the  number  of  districts,  or  the 
judges  thereof  Now  I  submit  whether  any 
"such  innovation  is  to  be  regarded  as  desirable 
in  this  matter— whether  the  Legislature  ought 
not  to  have  the  same  power  in  the  passage  of  a 
law  on  this  subject,  as  in  the  passage  of  other 
laws?  That  is  to  say,  whether  the  Legislature 
should  not  have  authority  to  pass  such  a  law 
by  a  majority  vote,  instead  of  requiring  a  vote 
of  two-thirds  of  all  the  members  elected.  Why 
should  we  not  have  it  read  "  the  Legislature  may 
provide  bylaw?"  Is  there  any  good  reason 
for  taking  this  out  of  the  general  scope  of  the 
ennctmcnt  of  laws  by  the  Legislature,  when  we 
have  required,  for  the  passage  of  any  law.  the 
afiirnuitive  vote  of  a  majority  of  all  the  mem- 
bers elected  to  each  branch  ? 

Mr.  DUNNE.  I  am  very  much  in  lavor  of 
that  suggestion.  I  noticed  the  exception  made 
when  the  section  was  first  read,  and  would  have 
called  attention  to  it,  but  that  I  sui)posed  it 
had  been  sufficiently  considered,  and  deliber- 
ately determined  on  by  the  Judiciary  Com- 
mittee. 

Mr.  JOHNSON.  I  will  make  a  motion  to 
strike  out  so  much  as  requires  a  two-thirds 
vote,  so  that  it  will  read— •' The  Legislature 
may  provide  by  law."    I  understand,  however, 


716 


JUDICIAL  DEPARTMENT. 


[lOtli  day. 


Monday,] 


Proctor — Johnson— Chapin — Banks— Brosnan. 


[July  25. 


that  the  gentleman  from  Storey  (Mr.  Brosnan) 
is  preparing  an  amendment  which  will  proba- 
bly cover  the  objection,  and  I  will  withdraw 
my  amendment,  at  least  for  the  present. 

".Mr.  PROCTOR.  I  am  in  favor  of  such  an 
amendment,  and  should  have  proposed  it  my- 
self only  I  was  afraid  it  might  conflict  with 
some  other  provision. 

Mr.  JOHNSON.     It  certainly  does  not. 

Mr.  PROCTOR.  I  really  see  no  reason  why 
it  .should  be  necessary  to  require  more  than  a 
two-thirds  vote  for  the  passage  of  such  a  law. 

Mr.  CHAPIN.  I  hope  the  amendment  sug- 
gested will  be  carried  unanimously,  for  under 
some  circumstances  it  might  be  exceedingly 
difficult  to  obtain  a  two-thirds  vote,  however 
desirable  the  change  proposed  might  be.  Vv^e 
have  had  here,  for  a  long  time,  no  such  number 
present  as  would  constitute  two-thirds  of  our 
Convention.  In  Storey  County  particularly, 
keeping  that  county  especially  in  view,  the 
time  may  not  be  far  distant  when  two  District 
Judges  will  be  generally  conceded  to  be  suffi- 
cient, and  the  third  one,  very  naturally  feeling 
unpleasant  about  being  thrown  overboard, 
would  of  course  do  what  he  could  to  prevent 
it.  by  using  his  influence  with  members  of  the 
Legislature. 

Mr.  JOHNSON.  The  gentleman  will  observe 
that  the  provision  cannot  affect  the  right  of  a 
person  after  he  has  been  elected.  The  only 
possible  instance  in  which  it  could  affect  an 
incuml)ent.  would  l)e  where  he  can  foresee  his 
own  reelection.  In  that  case  it  might  affect 
him,  but  be  cannot  be  thrown  overboard,  as 
the  gentleman  suggests,  after  he  has  been  elect- 
ed, because  it  is  expressly  stated  that  no  such 
change  shall  take  effect,  except  in  case  of  a 
vacancy,  or  the  expiration  of  the  term  of  the 
office.  If  a  term  is  about  to  expire,  or  a  vacancy 
has  occurred,  before  any  election  takes  place, 
the  Legislature  may  declare  the  office  vacant, 
but  nothing  can  be  done  to  affect  the  incum- 
bency of  a  judge,  after  his  election. 

Mr.  CHAPIN.  But  even  looking  at  the  mat- 
ter in  that  point  of  view,  it  is  so  easy  for  an 
interested  party  to  prevent  a  change,  that  I 
hope  the  amendment  will  be  made. 

Mr.  BANKS.    I  hope  it  will  ])revail. 

Mr.  BROSNAN.  I  suppose  this  amendment 
will  cover  all  the  suggestions  that  have  been 
made.  I  will  move  to  strike  out  the  words 
"  by  a  vote  of  two-thirds  of  all  the  members 
elected  to  each  branch  thereof,"  and  also  the 
words  "  or  otherwise,"  ami  insert  other  words 
in  lieu  thereof,  so  that  the  clause  will  read  as 
follows : 

"  The  Legislature  may,  however,  provide  by  law, 
for  alt'irations  of  the  boundaries  or  divisions  of  the 
districts  herein  prescribed,  and  also,  for  increasing  or 
diminishing  the  number  of  the  Judicial  Districts  and 
judges  therein." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  BANKS.  I  do  not  like  to  take  so  active 
a  part  in  a  matter  that  would  seem  to  be  almost 


exclusively  the  business  of  lawyers,  and  yet  I 

do  feel  that  we  have  got  this  section  into 
a  ])osition  that  does  not  admit  of  a  clear 
understanding  of  it  by  laymen  like  myself. 
Now  the  suggestion  of  having  three  courts  in 
Storey  County,  made  by  the  gentleman  from 
Ormsby,  (Mr.  Johnson,)  I  think  is  a  very  wise 
one.  The  principal  objections,  as  I  understand, 
that  are  urged  against  that  proposition,  are 
these,  that  if  there  be  three  courts  they  will 
find  great  difficulty  in  dividing  up  the  county' 
so  as  to  have  the  proper  pro])ortion  of  business 
in  each  district ;  that  they  cannot  well  divide 
the  property,  consisting  to  a  great  extent  of  in- 
terests in  mining  claims,  and  so  on — matters 
which  are  so  difficult  to  adjust.  And  further,  it 
is  said  that  if  we  provide  for  but  one  district 
and  three  courts,  an  arrangement  like  that  of 
the  Fourth  and  Twelfth  District  Courts  in  San 
Francisco,  with  which  many  of  us  are  familiar, 
then  the  most  popular  judge  will  be  likely  to 
secure  the  greater  portion  of  the  business, 
while  the  others  will  have  but  little  to  do  ;  and 
again,  that  under  such  a  system  the  plaintiff 
would  have  his  choice  of  courts.  Now,  sir,  I 
recogniz;'  the  fact  that  those  objections  are  ma- 
terial, Ijut  in  fixing  upon  the  system  of  this 
court,  we  have  established  the  singular  anom- 
aly of  one  court  consisting  of  three  judges,  and 
each  of  those  judges  somehow  having  the  power 
of  the  whole  court.  That  seems  to  be  the  inter- 
pretation put  upon  the  provision  generally,  by 
members  of  the  Convention,  and  I  do  not  know 
that  there  can  be  any  other,  under  that  system. 
I  wish  simply  to  make  it  clear  that  that,  and  no 
other,  is  the  system  for  which  we  have  pro- 
vided, and  therefore  I  submit  the  following  as 
an  amendment  to  this  section  : 

"The  business  of  said  court  shall  be  divided,  by 
rule,  among  the  judges  thereof,  and  the  decisions  of 
each  judge,  ujiou  the  business  assigned  to  him,  shall 
be  the  decisions  of  said  First  District  Court." 

I  merely  offer  that  for  the  consideration  of 
the  Convention. 

Mr.  JOHNSON.  If  I  thought  the  amendment 
proposed  by  the  gentleman  from  Humboldt 
would  meet  the  diffieulties  which  have  occurred 
to  my  mind,  on  the  discussion  of  the  subject, 
and  at  other  times  when  I  have  had  it  under 
consideration,  I  wonld  cheerfully  vote  for  It; 
but  I  really  do  not  think  it  will  aid  the  matter 
in  the  least.  I  say  again,  that  I  think  the  ma- 
terial error  consists  in  designating  this  as  one 
district,  having  three  judges,  with  co-extensive 
and  co-equal  powers.  It  is  an  anomaly  in  a 
judicial  system,  unlike  anything  I  have  ever 
before  seen  or  read  of 

Mr.  BANKS.     I  concur  fully  in  that. 

Mr.  JOHNSON.  I  think  the  trouble  lies 
deeper  than  the  gcutleiuiin's  amendment  would 
reach.  After  having  adopted  such  i)rovisions 
as  are  contained  in  this  article,  as  to  the  power 
and  jurisdiction  of  the  judges  of  this  court, 
declaring  that  their  power  and  authority  shall 
be  co-extensive  and  co-equal,  one  with  the  other, 
in  my  opinion  these  latter  words,  which  the 


19th  day.] 


JUDICIAL  DEPARTMENT. 


717 


Monday,] 


Johnson — Brosnan. 


[July  25. 


gentleman  from  Humboldt  proposes,  would 
only  be  surplusage.  The  difficulty,  I  appre- 
hend, will  be  found  in  the  practical  working 
of  the  system,  and  I  do  not  think  an  amend- 
ment, such  as  he  proposes,  would  be  practi- 
cal. I  am  free  to  say  that  the  only  effectual 
remedy  I  can  think  of  would  be  to  divide  the 
court  into  first,  second,  and  third  districts,  the 
judges  to  be  elected  by  the  people  at  large  ; 
although,  as  I  had  occasion  to  suggest,  once  at 
least,  during  the  session  of  the  Judiciary  Com- 
mittee, a  provision  for  two  District  Courts,  with 
a  geographical  division  of  the  County  of  Sto- 
rey, and  a  Coimty  Court,  with  certain  limited 
jurisdiction,  might  operate  very  well. 

I  do  not  make  these  remarks  now,  however, 
with  any  expectation  of  influencing  the  action 
of  the  Convention,  and  I  certainly  could  not 
entertain  such  a  notion  at  this  stage,  when 
unanimous  consent  is  needed,  in  order  to  make 
any  amendment.  I  am  not  endeavoring,  there- 
lore,  by  what  I  say,  to  influence  the  vote  of  any 
member  respecting  this  feature,  as  the  time  for 
argument  is  past.  Yet,  although  I  am  sure  it 
is  too  late  an  hour  for  argument  to  have  any 
effect  in  changing  the  minds  of  members,  1 
siuiplj'  desire  to  say  this,  that  in  my  judgment 
neither  this  amendment,  nor  a  whole  batch  of 
amendments,  such  as  might  be  wrought  in  the 
way  of  detail,  and  explanatory  declarations, 
would  suffice  to  cure  the  defects  of  the  system. 
One  or  two  amendments  might  have  been 
adopted,  at  an  earlier  stage,  which  I  think 
would  have  been  efficacious,  and  might  have 
rendered  the  system  one  of  great  practical  ad- 
vantage, so  far  as  Storey  County  is  concerned. 

It  does  not  affect  me  personally,  however,  for 
I  have  no  cases,  either  as  attorney  or  litigant,  in 
the  Storey  County  District  Court,  and  God 
knows  I  hope  I  never  will  have.  But  I  speak 
from  experience,  not  of  a  few  years  merely,  in 
the  profession  of  the  law,  experience  in  the 
reading  of  law,  and  practice  in  the  courts,  and 
I  may  add,  without  arrogating  any  superior 
knowledge,  an  experience  not  limited  to  the 
ordinary  walks  of  the  profession,  in  respect 
to  the  practical  workings  of  the  judicial  sys- 
tems of  other  States,  and  as  the  result  of  such 
experience  and  observation,  I  repeat  that,  in 
my  judgment,  there  were  one  or  two  amend- 
ments which  would  have  been  effective  in  the 
formation  of  an  excellent  and  entirely  practica- 
ble judicial  system,  so  far  as  relates  to  Storey 
Couuly.  The  first  of  these  amendments,  I  think, 
should  have  been  the  one  which  I  have  already 
mentioned,  providing  for  a  geographical  divi- 
sion of  the  county  into  two  districts,  with  two 
District  Judges,  with  a  County  Court  having 
intervening  jurisdiction  between  that  of  the  Jus- 
tices' and  District  Courts.  The  second  amend- 
ment, or  rather  standing  second  in  order  of  ar- 
rangement, the  Convention  having  determined 
to  dispense  with  the  County  Court,  should 
have  been  to  provide  for  three  District  Judges, 
to  be  elected  from  the  county  at  large,  and 
their  several  courts,  to  be  designated  by  dis- 


tricts, numerically,  or  by  such  other  term  as 
would  be  sufficient  to  distinguish  one  from  the 
other.  Either  of  these  amendments,  I  think, 
would  have  been  effectual  in  relieving  the  mat- 
ter of  all  complication.  But  a  majority  of  the 
Convention,  including  a  majority  of  those  gen- 
tlemen who  .so  ably  and 'fitly  represent  the 
County  of  Storey  in  this  body,  has  failed  to 
perceive,  or,  at  least,  has  not  concurred  with 
niy  views,  and  we  have  now  reached  that  stage 
in  the  consideration  of  the  subject  wherein 
amendments  can  only  be  made  by  unanimous 
vote. 

The  amendment  which  has  been  adopted  on 
the  motion  of  the  gentleman  from  Storey,  (Mr. 
Brosnan,)  I  think  was  a  desirable  one,  because, 
although  it  does  not  fully  remove  the  objections 
to  which  I  have  adverted,  yet  it  renders  more 
certain  what  the  Convention  actually  means; 
but  1  really  cannot  regard  the  amendment  pro- 
posed by  the  gentleman  from  Humboldt  (Mr. 
Banks)  as  material  or  necessary,  nor  as  adding 
any  force  or  effect  to  the  section,  when  it  is  un- 
derstood from  the  language  already  contained 
in  the  section  that  those  judges  shall  have  co- 
extensive and  co-equal  powers,  and  therefore  it 
is  not  necessary  to  repeat  it— and  in  language, 
also,  that  may  not  so  definitely  express  this 
meaning.  The  amendment  does  not  strengthen 
or  give  force  to  the  Constitution,  or  to  the 
views  of  members,  and  hence,  although  I  would 
cheerfully  support  it,  if  I  could  see  in  what 
way  it  would  be  of  any  essential  benefit,  I  am 
reluctantly  compelled  to  withhold  from  it  my 
sanction. 

Mr.  BROSNAN.  I  regret  that  my  friend 
from  Humboldt  (Mr.  Banks)  does  not  see  that 
there  is  any  propriety  in  having  but  one  court  in 
Storey  County.  Why  should  there  be  any  hesi- 
tation in  adopting  a  system  similar  to  that  of 
other  States  ?  For  instance,  the  Constitution  of 
New  York,  adopted  in  1846,  gives  the  City  of 
New  York  one  Judicial  Distrct,  with  one  Su- 
preme Court,  as  it  is  called,  and  four  judges,  the 
organization  being  the  same  as  in  the  other  dis- 
tricts in  the  State,  some  of  which  embrace  nine, 
ten,  or  eleven  counties.  In  the  country,  the 
judges  travel  around  in  their  districts,  each 
holding  court  in  his  own  circuit,  but  in  the 
City  of  New  York  they  have  no  circuits,  but 
simply  divide  up  the  business  among  the  judges, 
each  doing  his  proportion,  precisely  as  it  is 
proposed  shall  be  done  in  Storey  County.  The 
Constitution  does  not  even  define  or  prescribe 
the  manner  in  which  they  shall  do  Ijusiness, 
but  simply  says  the  Legislature  may  i)rescril)e 
such  rules  as  are  necessary.  This  is  the  pro- 
vision : 

"  Sec.  4.  The  State  shall  be  divided  into  eight  Judi- 
cial Districts,  of  which  the  Citj'  of  New  York  shall  be 
one  ;  the  others  to  be  divided  by  county  hues,  and  to 
be  compact  and  equal  in  ijoiiulation  as  nearly  as  may 
be.  There  shaU  be  four  Justices  of  the  Suxjreme  Court 
iu  each  district,  and  as  many  more  in  the  district  com- 
Xjosed  of  the  City  of  New  Yorli  as  may,  from  time  to 
time,  be  authorized  by  law,"  etc. 

They  find  uo  difficulty  in  that  State  under 


718 


JUDICIAL  DEPARTMENT. 


[19tli  day. 


Monday,] 


Ban  ks — Brosnan — Johnson. 


[July  25. 


such  a  system.  The  judges  make  their  ar- 
rangements among  themselves,  going  out  into 
the  different  counties,  or,  as  in  New  York,  di- 
viding and  apportioning  the  calendar,  and  hold- 
ing tlfelr  lour  separate  courts.  If  they  can  do 
thfs  in  New  York  City,  why  can  we  not  do 
the  same  in  Storey  County,  which  is  not  as 
large?  I  can  perceive  no  difficulty  in  the  way, 
and  if  I  apprehended  any,  I  would  certainly 
endeavor  to  accommodate  my  views  to  those 
of  other  gentlemen,  so  as  to  avoid  it. 

Mr.  BANKS.  In  New  York,  is  there  not  an 
app(!al  from  either  one  of  those  judges,  to  the 
whole  court  ? 

Mr.  BROSNAN.  There  is  an  appeal  from 
any  one  of  the  judges,  to  the  Supreme  Court  of 
the  district. 

Mr.  JOHNSON.  The  inquiry  was,  as  I  un- 
derstood, whether  there  was  not  an  appeal 
from  any  one  of  the  four  judges  to  the  other 
three. 

Mr.  BANKS.  That  is  my  question.  I  ask 
if  there  is  not  an  appeal  from  each  judge  to  the 
whole  ? 

Mr.  BROSNAN.  I  say  there  is  an  appeal 
from  each  judge  to  the  Supreme  Court  of  the 
district. 

Mr.  JOHNSON.  I  am  quite  sure  that  the 
gentleman  from  Storey  does  not  understand  the 
question,  nor  the  gentleman  from  Humboldt 
the  answer. 

Mr.  BANKS.  I  inquire  whether,  under  the 
system  prevailmg  in  New  York,  as  stated  by 
the  gentleman  from  Storey,  there  is  not  an  ap- 
peal from  any  one  of  those  judges  to  the  other 
members  of  the  court? 

Mr.  BROSNAN.  There  is  an  appeal  from  the 
individual  judge  to  the  court,  composed  of  four 
judges,  the  judge  whose  decision  is  appealed 
from,  however,  not  taking  part  in  the  consider- 
ation of  the  appeal. 

Mr.  BANKS.  The  system  there  differs,  in 
that  respect,  then,  from  the  one  proposed  for 
Storey  County,  because  here  we  provide  for  no 
appeal  from  one  judge  to  the  whole  three. 

Mr.  BROSNAN.  That  is  the  precise  differ- 
ence, and  it  simplifies  our  course  of  proceed- 
ing. Here  an  appeal  from  each  one  of  the 
judges  goes  directly  to  the  Supreme  Court,  in- 
stead of,  as  in  New  York,  to  the  District  Judges 
sitting  in  bank,  and  from  them,  by  a  second 
appeal,  to  the  Court  of  Appeals,  which  is  the 
court  of  last  re.->ort  in  that  State.  There,  an 
appeal  goes,  in  the  first  place,  to  the  Judges  of 
the  District  Court,  who  constitute  the  Supreme 
Court  of  the  district,  composed  of  the  four  judges, 
sitting  at  general  term  ;  then  from  that  court 
there  is  a  further  appeal  to  the  C(jurt  of  Ap- 
peals, the  court  of  final  resort.  The  difference 
here  {s.tliat  there  is  no  appeal  from  the  individ- 
ual District  Judge  to  his  coordinate  judges, 
which  avoids  the  necessity  of  two  appeals. 

Mr.  BANKS.  The  delegates  from  Storey 
seem  to  be  unanimously  in  favor  of  the  section 
as  it  is.  They  have  utterly  failed  to  convince 
me  that  the  section  is  well  enough  as  it  stands, 


or  that  an  amendment  of  this  nature  is  unneces- 
sary. l)ut  in  deference  to  them,  and  purely  in 
defereiu^e  to  them,  I  withdraw  the  amendment. 
Mr.  BROSNAN.  So  far  as  I  know,  the  mem- 
bers of  the  bar  of  Storey  County  have  no  hes- 
itation whatever  about  this  matter. 

JUKTSDICTION    OF   DISTKICT   COCKTS. 

Section  6  was  read,  as  follows : 

Sec.  6.  The  District  Courts  in  the  several  Judicial 
Districts  of  this  State,  shall  have  original  jurisdiction  iu 
aU  cases  in  equity ;  also,  in  all  cases  at  law  which  involve 
the  title,  or  the  right  of  possession  to,  or  the  posses- 
sion of  real  property,  or  mining  claims,  or  the  legality 
of  any  tax,  imi^ost,  assessment,  toll,  or  municipal  fine, 
and  iu  all  other  cases  iu  which  the  demand,  (exclusive 
of  interest, )  or  the  value  of  the  property  in  controversy, 
exceeds  three  hundred  dollars  ;  also,  in  all  cases  re- 
lating to  the  estates  of  deceased  persons,  and  the  per- 
sons and  estates  of  minors  and  insane  i^ersons,  and  of 
the  action  of  forcible  entry  and  unlawftil  detainer,  and 
also,  in  all  criminal  cases,  not  otherwise  provided  for 
in  this  Constitution,  under  such  regulations  as  may  be 
prescribed  by  law.  They  shall  also  have  appellate  juris- 
diction in  cases  arising  in  Justices'  Courts,  and  such 
other  inferior  tribunals  as  the  Legislature  may  pro- 
vide. The  District  Courts  and  their  judges  shall  have 
power  to  issue  writs  of  niundamus,  injunction,  quo 
warranto,  certiorari,  and  all  other  writs  necessary  to 
the  complete  exercise  of  their  jurisdiction  ;  and  also, 
shall  have  power  to  issue  WTits  of  habeas  corpus,  on 
petition  by  or  on  behalf  of  any  person  held  in  actual 
custody  in  their  respective  districts. 

Mr.  JOHNSON.  I  will  submit  to  the  Chair- 
man of  the  .Judiciarv  Committee  whether  there 
should  not  be  an  amendment  of  the  language 
of  that  clause  which  reads — "  and  also  in  all 
criminal  cases  not  otherwise  provided  for  in 
this  Constitution,  under  such  regulations  as  may 
be  prescribed  by  law  ? " 

Mr.  BROSNAN.  That  is  not  right,  and  I 
have  an  amendment  to  offer.  Those  words 
were  used  with  a  view  to  harmonizing  with  the 
jurisdiction  proposed  to  be  given  to  the  County 
Court  in  Storey  County,  and  the  Convention 
having  determined  to  abolish  that  court,  they 
are  rendered  superfluous.  I  will  move  to 
amend  by  striking  out  the  words  '•  in  this  Con- 
stitution, under  such  regulations  as  may  be 
prescribed."  Then  the  clause  will  read,  "  and 
also  in  all  criminal  cases  not  otherwise  pro- 
vided for  by  law.""  That  will  be  in  conformity 
with  the  section  intended  to  give  certain  crim- 
inal jurwdiction  to  Justices  of  the  Peace. 

Mr.  JOIINSt  )N.  There  is  this  difficulty,  how- 
ever, that  these  courts  must  be  organized  before 
the  Legislature  will  convene,  and  consequently 
prior  to  the  time  when  their  jurisdiction  can  be 
defined  by  law.  What  disposition  is  to  be  made, 
in  the  meantime,  of  the  jurisdiction  hitherto 
exercised  bv  the  Probate  Courts? 

Mr.  liRO'SNiVN.  The  Probate  Courts  will 
continue  to  exercise  the  same  jurisdiction  they 
now  have,  until  they  are  superseded. 

Mr.  JOHNSON.  But  after  tiiey  are  super- 
seded V 

Mr.  BROSNAN.  All  their  jurisdiction  ne- 
cessarily devolves  upon  the  District  Courts,  as 
soon  as  they  are  organized. 

Mr,  JOHNSON.     Under  what  rule  ? 


19tli  day.] 


JUDICIAL  DEPARTMENT. 


719 


Monday,] 


Johnson — Brosnan. 


[July  25. 


Mr.  BROSNAN.  Under  the  general  rule  of 
the  common  law.  In  the  first  place,  they  have 
inherently  jurisdiction  in  all  cases  of  equity 
and  law,  and  then  they  have  criminal  jurisdic- 
tion. In  fact,  they  have  all  the  jurisdiction  that 
belongs  to  the  Court  of  King's  Bench  in  England. 

Mr.  JOHNSON.  In  reply,  let  me  say,  in  the 
first  place,  that  we  propose  to  define  the  juris- 
diction of  these  courts,  and  consequently  they 
become  creations,  not  by  virtue  of  the  common 
law,  but  by  force  of  the  constitutional  provision. 
Hence  it  is  necessary  to  define  their  jurisdic- 
tion specifically,  for  as  a  lawyer,  I  do  not  hesi- 
tate to  affirm  that  they  cannot  exercise  any 
jui'isdiction  independent  of  that  which  is  con- 
ferred by  the  Constitution  itself,  uuless  the  lan- 
guage of  the  Constitution  be  sufficient  to  em- 
brace it  by  implication.  Now,  in  this  section 
we  give  the  District  Courts,  iu  the  first  place, 
jurisdiction  in  civil  cases  ;  then  we  declare  that 
they  shall  also  have  jurisdiction  "  in  all  criminal 
cases  not  otherwise  provided  for  by  law." 
Now  the  question  arises,  what  criminal  cases 
are  provided  for  by  law,  and  gentlemen  will 
remember  that  the  territorial  laws  are  to  be 
continued  in  force  until  repealed  or  amended 
by  the  Legislature.  For  instance,  there  are 
the  appealable  cases  from  the  Justices  of  the 
Peace,  which  at  present  are  transmitted  to  the 
Probate  Courts  ;  what  becomes  of  that  juris- 
diction, until  the  Legislature  shall  make  provi- 
sion defining  the  jurisdiction  of  tiie  courts? 
After  the  Probate  Court  is  abolished,  and  until 
the  Legislature  shall  have  provided  for  the 
matter,  what  court  can  entertain  jurisdiction  in 
the  cla.«s  of  cases  last  named? 

Mr.  BROSNAN.  I  am  not  aware  that  the 
Probate  Courts  have  any  criminal  jurisdiction. 

Mr.  JOHNSON.  Yes,  sir,  they  have.  There 
is  appellate  jurisdiction  in  Probate  Courts  over 
cases  arising  in  the  Justices"  Courts.  All  cases 
which  are  triable  by  Justices  of  the  Peace,  are 
appealable  to  the  Probate  Courts. 

Mr.  BROSNAN.  On  questions  of  law  alone, 
or  questions  of  fact,  also  ? 

Mr.  JOHNSON.     On  questions  of  law  alone. 

Mr.  BROSNAN.  Well,  my  idea  is  this  : 
The  District  Courts  have  primary  jurisdiction 
in  all  matters,  no  matter  what  the  amount  in- 
volved, if  they  be  cases  in  equity  or  at  law,  or 
criminal  cases.  Then,  when  you  come  to  di- 
vide up  that  jurisdiction  between  the  District 
Court  and  the  others  which  you  have  estab- 
lished, all  that  you  do  not  impart  to  the  other 
courts,  whether  inferior  or  superior  to  the  Dis- 
trict Court,  of  course  it  retains,  from  the  na- 
ture of  its  original  character,  having  compre- 
hension enough  to  embrace  every  species  of 
case  genei'ally  characterized  as  law  case,  equity 
case,  or  criminal  case.  That  is  to  say,  the  District 
Court  retains  all  the  jurisdiction  that  you  do 
not  take  from  it  and  give  to  another  court,  so 
that  it  would  still  have  jurisdiction  iu  all  gen- 
eral cases  of  that  description,  except  what  you 
may  have  given  to  Justices  of  the  Peace,  in 
cases  of  a  criminal  nature. 


Mr.  JOHNSON.  This  is  the  point  I  make. 
Territorial  laws  being  in  force,  as  they  will  con- 
tinue to  be,  until  repealed  or  altered,  the  Probate 
Courts  are  by  law  invested  with  this  jurisdic- 
tion. Now,  under  this  provision,  therefore,  it 
is  quite  apparent  to  me  that  the  District  Courts 
could  not  exercise  criminal  jurisdiction,  for  the 
reason  that  the  laws  have  conferred  it  upon  the 
Probate  Courts.  Then,  advancing  a  step,  we 
find  that  the  time  arrives  when  the  I'robate 
Courts,  so  invested  by  the  laws  of  the  Territory, 
with  certain  jurisdiction,  the  exercise  of  which 
is  inhibited  to  the  District  Courts,  are  abolished. 
Now  can  we  conclude,  when  that  event  takes 
place,  that  the  District  Courts  are  so  far  the 
residuary  legatees  of  the  Probate  Courts,  that 
they  at  once  become  invested  with  that  juris- 
diction? If  you  reply  "  yes,"  then  1  must  re- 
spectfully dissent,  because  the  constitutional 
provision  continuing  in  force  the  territorial  laws 
has  invested  another  court  with  that  jurisdiction. 
Therefore  the  criminal  jurisdiction,  exercised 
hitherto,  and  until,  say,  the  first  Monday  of 
December  next,  by  the  Probate  Courts,  cannot 
be  exercised  by  those  courts  after  that  time, 
for  they  will  have  ceased  to  exist. 

Mr.  BROSNAN.  I  understand  that  among 
the  miscellaneous  matters  contained  in  the 
Schedule,  is  a  provision  that  all  criminal  pro- 
ceedings which  are  in  progress  in  any  of  the 
courts  of  the  Territory  shall  be  continued  and 
transferred  to  the  courts  having  jurisdiction 
under  the  State  organization.  We  also  pro- 
vide that  the  courts  and  judicial  officers  shall 
not  be  superseded  until  the  State  Courts  go  in- 
to operation.  I  take  it,  therefore,  that  the 
County  or  ProbUte  Courts  will  be  in  exist- 
ence until  the  District  Courts  are  organized  and 
established,  so  that  the  jurisdiction  of  the  Coun- 
ty Courts  will  not  be  disturbed  until  they  go 
out  of  existence,  and  that  moment  the  District 
Courts  will  have  absorbed,  if  I  may  use  the  ex- 
pression, their  natural  inherent  jurisdiction, 
which  has  l)een  taken  from  them  and  given  to 
the  County  Courts  by  the  Territorial  laws.  They 
take  to  themselves  again  all  that  jurisdiction 
which  has  been  conveyed  to  the  County  Courts 
by  the  territorial  laws,  under  and  iu  virtue  of 
the  transfer  which  is  provided  for  in  the 
Schedule ;  for  it  is  there  declared  that  all 
prosecutions,  no  matter  for  whatever  cause, 
and  all  suits  of  any  kind  that  may  have  been 
commenced,  no  matter  how  far  they  may  have 
advanced,  if  they  are  not  completed,  shall  go 
to  the  court  having  jurisdiction  of  the  subject 
matter  thereof,  and  may  be  continued  and 
prosecuted  to  final  judgment  and  execution. 

Mr.  JOHNSON.  Here  is  the  point.  The 
case  is  sent  to  the  court  having  jurisdiction  of 
the  suljject  matter  involved.  What  court?  Ytni 
respond  '•  the  District  Court."  But  1  inquire 
by  virtue  of  what  authority?  You  point  to  this 
section  declaring  that  the  District  Court  shall 
have  jurisdiction  in  all  cases  not  otherwise  pro- 
vided for  by  law,  and  then  I  meet  your  answer 
by  saying  that  the  Territorial  laws,  still  in  force, 


720 


JUDICIAL  DEPARTMENT. 


[19th  day. 


Monday,] 


Brosnan — Johnson. 


[July  25. 


have  not  invested  the  District  Court  with  any 
such  jurisdiction,  but  that,  on  the  contrary, 
another  court  is  invested  witli  it.  Therefore  it 
is  necessary  to  provide  that  the  District  Courts 
shall  succeed  to  the  jurisdiction  of  the  Probate 
Courts. 

Now  this  section  of  the  Schedule  provides,  as 
the  gentleman  truly  says,  that  all  records  and  all 
cases  pending  shaU  be  transferred  to  the  State 
Courts.  Admit  it ;  but  what  does  the  transfer 
amount  to.  in  any  case,  unless  the  Court  is  in- 
vested with  authority  to  try  and  determine?  It 
is  a  mere  nullity  in  itself.  The  records  may  be 
transferred,  but  we  may  fail,  by  an  oversight 
or  otherwise,  to  invest  the  court  to  which  they 
are  transferred  with  the  necessary  power  and 
authority  to  try  those  cases  which  are  appealed 
from  Justices'  to  Probate  Courts,  and  there  en- 
tered of  record. 

Mr.  BIIOSNAN.  Suppose  there  is  a  civil 
case  in  Storey  County  involving  an  amount  of 
four  or  five  hundred  dollars,  pending,  though 
undetermined,  when  these  District  Conrts  go 
into  operation  uiuler  the  Constitution  ;  what 
becomes  of  that  case  ?  Uow  is  it  to  be  deter- 
mined ? 

Mr.  JOHNSON.  I  will  answer  very  readily. 
No  trouble  can  arise  in  such  a  case,  because 
the  Di-strict  Courts  have  jurisdiction,  specifically 
conferred  under  this  article,  in  all  cases  of  law 
and  eipiity.  where  the  amount  exceeds  three 
hundred  dollars.  Consequently  in  the  case 
stated,  there  is  no  difficulty. 

Mr.  BliOSNAN.  I  think  we  are  getting  near- 
er to  understanding  each  other.  I  will  ask 
now,  suppose  it  is  a  case  brought  on  appeal, 
where  the  amount  is  under  two  hundred  dol- 
lars ? 

Mr.  JOHNSON.  I  think  we  will  have  to  sup- 
ply some  additional  words  here  which  will  cover 
that  case,  or  it  will  be  very  doubtful  if  any 
court  will  have  jurisdiction  —  exceedingly 
doubtful.  If  you  limit  the  jurisdiction  of  the 
District  Courts  to  a  given  sum,  unless  there 
be  a  furtlu'r  jirovision  investing  the  District 
Courts  with  authority  to  try  all  cases,  civil  and 
criminal,  that  may  be  existing  in  the  Probate 
Courts,  irrespective  of  the  amount.  I  will  not 
say  that  I  (pu-stion  the  authority  of  any  Court, 
but  I  hold,  without  hesitation,  that  there  is  no 
court  which  would  have  any  jurisiliction  over 
such  an  action,  and  it  must  die  with  the  fornu'r 
Court,  in  a  way  similar  to  that  which  occurred 
when  the  Territory  of  N(!vada  was  created. 
AVe  had  at  that  time  the  judicial  district  of  the 
County  of  Carson,  and  no  provision  was  made 
for  the  transfer  of  casts  involving  tlu-se  small 
amount.s.  Some  of  the  records  existed,  but 
there  was  no  provision  for  theii-  transfer,  ami 
the  records  w'ere  claimed  as  jirivate  projjerty, 
and  were  retained  by  tin;  clerk  of  the  Coiu't. 
Those  cases  therefore  died  with  the  Court,  and 
no  attempt  was  made  to  resist  or  prevent  that 
result,  for  the  simple  reason  that  there  was  no 
power  to  prevent  it.  I  take  it  to  be  the  oi)in- 
ion  of  the  entire  body  of  the  lawyers  of  the 


Territory  that  in  that  instance  no  power  could 

interpose  its  authority. 

We  shall  meet  with  the  same  difficulty  now, 
unless  we  make  proper  provision  for  a  transfer 
of  such  jurisdiction.  Those  cases  cannot  be 
transmitted  to  the  Justices'  Courts  from  which 
they  have  passed,  because  such  courts  are  the 
successors  of  the  Territorial  Justices'  Courts, 
with  increased  jurisdiction.  They  are  placed 
beyond  the  power  of  the  Justices'  Courts,  and 
for  that  reason  they  are  beneath  the  authority 
of  the  District  Courts,  because  we  have  not 
enacted  that  the  jurisdiction  of  the  District 
Courts  shall  embrace  tliis  class  of  cases,  but,  on 
the  contrary,  have  thrown  them  without  that 
jurisdiction. 

I  am  pleased  that  the  gentleman  from  Storey 
has  asked  these  questions,  for  the  thought  as  to 
the  want  of  jurisdiction  in  this  class  of  cases 
had  not  occurred  to  my  mind,  as  I  was  think- 
ing only,  in  the  first  place,  about  the  criminal 
jurisdiction,  and  these  question^  have  suggested 
the  necessity  of  adopting  an  amendment  to  pro- 
vide that  all  cases,  civil  and  criminal,  pending 
in  the  Probate  Courts  at  the  time  when  they 
are  abolished,  shall  be  transferred  to  and  tried 
by  the  District  Courts. 

Mr.  BROSNAN.  I  am  very  glad  this  discus- 
sion has  arisen,  because,  diu'ing  its  progress, 
there  has  been  brought  out  an  important  matter, 
in  which  I  think  the  gentlemtui  from  Ormsby  is 
precisely  right.  I  do  not  yield  my  position, 
however,  in  regard  to  criminal  proceedings, 
but  I  say  that  in  discussing  the  matter  of  civil 
cases,  wherein  the  jurisdiction  ol  the  District 
Court  is  limited,  the  fact  has  been  made  mani- 
fest that  there  is  a  vacuum  which  nuist  be  tilled. 
In  criminal  cases,  as  1  said  before,  there  is,  in 
my  judgment,  no  necessity  for  any  further  pro- 
vision, because  there  is  no  limitation  of  the 
District  Courts  whatever  upon  that  subject. 
There  is  nothing  to  take  away  (he  jurisdiction 
of  any  specific  criminal  cases  from  them,  but 
the  whole  body  of  the  criminal  law  is  within 
their  grasp.  ^Ve  have  merely  provided  that 
Justices  of  the  Peace  may  have  concurrent  ju- 
risdiction with  the  District  Courts  conferred 
upon  them  by  law,  in  certain  criminal  cases,  so 
that,  in  my  judgment,  (and  I  speak  on  that  sub- 
ject with  great  respect  and  deference  for  the 
o])inion  of  the  gentleman  from  Ormsby,)  the 
District  Courts  have  full  jurisdiction  over  all 
those  cases. 

In  regard,  however,  to  those  civil  cases,  which 
occurred  to  me  while  the  gentleman  from 
Ormsby  was  speaking,  I  saw  that  there  was  a 
vacuum  which  ought  to  be  filled,  and  the  rea- 
son of  that  is,  that  we  have  limited  the  juris- 
diction of  tht!  District  t/Durts,  so  that  if  a  case 
were  peiuling  before  a  County  Court,  ami  that 
court  should  be  superseded  before  its  determi- 
nation, the  amount  involved  being  le.ss  than 
that  over  which  we  have  given  jurisdiction  to 
i  the  District  Courts,  of  course  it  would  have  to 
fall  through,  there  being  no  court  having  juris- 
I  diction  of  the  case.    Hence,  I  think  it  is  fortu- 


19th  day.] 


JUDICIAL  DEPARTMENT. 


721 


Monday,] 


Johnson — Brosnan — Banks — Frizell — Chapin. 


[July  25. 


nate  that  we  have  entered  upon  this  dis- 
cussion. 

Mr.  JOHNSON.  I  am  preparing  an  amend- 
ment. 

Mr.  BROSNAN.  Probably  the  Schedule  will 
be  the  proper  place  for  it. 

Mr.  JOHNSON.  I  will  prepare  an  amend- 
ment to  the  Schedule,  then,  which  I  will  sub- 
mit at  a  proper  time. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  Brosnan,  to  strilie  out  the 
words  "  in  this  Constitution,  under  such  regu- 
lations as  may  be  prescribed,'"  and  it  was  unani- 
mously agreed  to. 

Mr.  BROSNAN.  I  now  move  to  insert,  in 
the  next  following  clause,  the  word  "  final," 
before  the  words  '•  appellate  jurisdiction,"  so 
that  it  will  read — "  They  shall  also  have  final 
jurisdiction  in  cases  arising  in  Justices'  Courts," 
etc. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  BROSNAN.  In  the  next  clause,  after 
the  words  "  all  other  writs,"  I  move  to  insert 
the  words  "proper  and,"  so  as  to  read — "and 
all  other  writs  proper  and  necessary  to  the 
complete  exercise  of  their  jurisdiction." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  BANKS.  We  have  now  provided,  I 
thinlv  properly,  that  the  District  Courts  shall 
have  final  appellate  jurisdiction,  and  that,  as  I 
understand,  covers  not  only  Justices'  Courts, 
but  also  all  other  inferior  courts  which  may  be 
establish:d  by  the  Legislature. 

Mr.  BROSNAN.  That  is  right.  The  word 
"  final  "  covers  both. 

TERMS   OF   COURTS. 

Section  7  was  read,  as  follows  : 

Sec.  7.  The  times  of  holding  the  Supreme  Court 
and  District  Courts  shall  be  as  fixed  by  law.  The 
terms  of  the  Supreme  Court  shall  be  held  at  the  seat 
of  government,  and  the  terms  of  the  District  Courts 
shall  be  held  at  the  county  seats  of  their  respective 
counties. 

Mr.  BROSNAN.  The  latter  clause  is  an  ad- 
dition to  the  report,  as  gentlemen  will  re- 
member. 

Mr.  FRIZELL.  I  would  like  to  call  the 
attention  of  members  of  the  Judicary  Commit- 
tee to  the  last  clause  in  this  section,  providing 
that  the  terms  of  the  District  Courts  shall  be 
held  at  the  county  seats  of  their  respective 
counties.  Gentlemen  will  recollect  that  Sec- 
tion 5  gives  power  to  the  Legislature  to  make 
alterations  or  divisions  in  the  Judicial  Districts, 
but  in  case  the  Legislature,  in  the  exercise  of 
its  wisdom  and  discretion,  should  see  fit  to  make 
such  alteration  or  division  of  any  district,  there 
might  arise  an  impossibility,  because  it  would 
of  course  be  impossible,  if  a  county  .should 
be  divided  into  two  districts,  to  hold  both 
courts  at  the  county  seat.  It  seems  to  me 
there  should  be  an  amendment  providing  that 
in  such  a  case  one  of  the  District  Courts  may 

A  20 


be  held  elsewhere  than  at  the  county  seat.  I 
merely  call  the  attention  of  the  committee  to 
that  subject. 

Mr.  BROSNAN.  I  do  not  perceive  any  dan- 
ger of  inconvenience  to  result  on  that  ac- 
count. When  a  power  is  given  expressly,  all 
further  power  is  given  by  implication  that  may 
be  necessary  to  carry  out  the  intent,  and  to  give 
full  and  beneficial  scope  to  the  power  which  is 
expressed.  I  take  it  that  the  power  to  which 
my  colleague  (Mr.  Frizell)  refers,  may  be  im- 
plied, from  the  language  which  is  here  ex- 
pressed. When  the  Legislature  is  empowered 
to  alter,  they  are  not  thereby  authorized  to  de- 
stroy. In  order  to  carry  out  the  intention  of 
the  power  expressly  conferred,  the  Legislature 
might  determine  that  some  other  place  than  the 
county  seat  would  be  more  suitable  for  holding 
the  terms  of  the  District  Court,  in  the  new  dis- 
trict, and  might  provide  by  law  for  holding  the 
court  in  that  place.  But,  at  any  rate,  there  can 
be  no  more  appropriate  place,  generally,  for 
holding  the  terms  of  court,  than  at  the  county 
seat,  where  all  the  records  are  necessarily  kept. 
I  cannot  see  that  any  injury  or  inconvenience 
is  likely  to  result  from  leaving  the  section  as 
it  is. 
Mr.  BANKS.  A  county  might  be  divided- 
Mr.  JOHNSON.  If  the  gentleman  from 
Humboldt  will  allow  me— I  think  I  understand 
what  he  is  driving  at— I  will  otfer  an  amend- 
ment, providing  that  in  case  any  county  shall 
be  divided  into  two  or  more  Judicial  Districts, 
the  Legislature  shall  have  power  to  provide 
by  law  the  places  of  holding  the  terms  of  such 
courts.  I  will  submit  that  amendment  to  the 
Chairman  of  the  Judiciary  Committee. 

Mr.  BROSNAN.  I  see  no  objection  to  the 
amendment,  and  will  otfer  it.  I  move  to  amend 
Section  7,  by  adding  thereto  the  following 
words : 

"Provided,  That  in  case  any  county  shall  be  here- 
after divided  into  two  or  more  districts,  the  Legisla- 
ture may  by  law  provide  the  places  of  holding  such 
courts." 

The  amendment  was  agreed  to  by  unani- 
mous consent. 

Mr.  BANKS.  I  rise  to  make  a  suggestion  for 
the  benefit  of  the  gentleman  from  Storey,  (Mr. 
Frizell,)  namely,  that  the  moon  seems  to  have 
changed.     [Merriment.] 

_  Mr.  CHAPIN.  There  is  one  further  altera- 
tion which  I  would  like  to  see  made  in  Section 
7.  Litigants  are  usually  bled  to  death,  as  we 
all  too  well  know  who  have  unfortunately  been 
into  the  courts,  and  it  does  seem  to  me  that  a 
time  may  come  hereafter  when  it  will  be  very 
desirable  to  have  a  term  of  the  Supreme  Court 
held  occasionally  in  Storey  County,  where  we 
have  two  or  three  District  Courts,  full  to  over- 
running with  business,  and  from  fifty  to  a 
hundred  lawyers  constantly  engaged  in  them. 
The  larger  law  libraries  are  all  located  there, 
and  by  having  the  Supreme  Court  Judges  come 
there  once  in  a  while  and  hold  court,  immense 
amoimts  could  be  saved  simply  by  saving  the 


722 


JUDICIAL  DEPARTMENT. 


[19th  day 


Monday,] 


McClinton — Chapin — Johnson — Parker. 


[July  25. 


cost  of  preparing  transcripts  of  records.  The 
testimony,  and  all  the  other  voluminous  records, 
now  have  to  be  brought  down  here,  when  a 
case  is  appealed,  and  it  seems  to  me  that  the 
saving  would  )je  enormous  by  having  the  terms 
of  the  Supreme  Court  held  there  once  in  a 
while.  I  therefore  move  to  amend  the  section 
by  inserting  after  "  at  the  seat  of  government," 
the  words  '•  unless  otherwise  provided  by  law." 
Then  in  case  it  shall  hereafter  appear  neces- 
sary to  have  a  term  of  the  court  held  occasion- 
ally at  some  other  place  than  the  capital,  it  can 
be  accomplished. 

Mr.  McCLINTON.  I  am  opposed  to  this 
proposition,  and  I  believe  the  amendment  re- 
quires unanimous  consent. 

The  PRESIDENT  pro  ton,.    Yes,  sir. 

Mr.  McCLINTON.  Very  well ;  I  enter  my 
protest  against  it,  and  for  the  reason  that  it 
makes  an  invidious  distinction  in  favor  of  Sto- 
rey County.  I  do  not  see  why  I  might  not  just 
as  well  ask  the  same  thing  for  Esmeralda  County. 
It  is  true,  she  is  not  at  present  in  the  same  posi- 
tion, Intt  I  believe  she  will  have  quite  as  many 
cases,  in  proportion  to  her  wealth,  in  the  Su- 
preme Court. 

Mr.  CHx\PIN.  I  beg  leave  to  explain.  My 
amendment  leaves  it  open,  and  makes  no  in- 
vidious distinction,  either  in  favor  of  Storey  or 
any  other  county,  although  I  had  Storey  Coun- 
ty particularly  in  view. 

Mr.  McCLINTON.  It  is  well  understood  that 
the  amendment  is  intended  for  the  advantage 
of  Storey  County,  and  I  have  Esmeralda  par- 
ticularly in  view. 

Mr.  JOHNSON.  There  is  one  objection  to 
that  amendment,  to  which  I  wish  to  call  the 
gentleman's  attention  particularly.  We  have 
already  provided  that  the  office  of  the  Clerk 
of  the  Supreme  Court  shall  be  fixed  at  the 
capital,  and  it  is  impossible  to  have  the  term  of 
the  court  held  at  one  place  whilst  the  court  is 
in  another.  And  again,  the  gentleman  must  un- 
derstand, as  certainly  every  lawyer  knows, 
that  it  is  impossible  for  the  Supreme  Court  to 
determine  a  cause,  without  having  the  record 
before  it  ;  and  the  fact  of  the  court's  sitting  in 
Storey  County,  or  Esmeralda  County,  would  not 
obviate  the  necessity  of  having  a  transcript  of 
the  record  prepared  in  each  case. 

Then  there  is  another  objection  to  having  the 
Supreme  Co.urt  traveling  about  the  country 
instead  of  being  perniaiiently  fixed  in  one 
place,  and  that  is,  if  there  are  any  good  rea- 
sons why  it  should  be  allowed  occasionally  to 
hold  its  sessions  in  Storey  County,  there  are 
the  like  reasons  why  it  should  be  held  in  Es- 
meralda, Humboldt,  and  Lander  Counties.  And 
the  argument  of  the  conxenieiice  of  counsel 
and  jiarties  litigant  W(juld  have  more  especial 
weight  in  reference  to  those  more  remote  coun- 
ties, because  a  journey  of  a  single  hour  will 
suffice  to  bring  parties  or  records  from  Storey 
County  here,  whereas  connnunication  from 
those  "distant  counties  requires  days.  The  ar- 
gument in  favor  of  compelling   the  court  to 


hold  sessions  in  these  more  remote  counties 
would  therefore  be  much  more  forcible  than 
that  in  fiivor  of  sending  it  to  Storey  County. 

If  we  enlarge  and  carry  out  the  principle  of 
accommodation  prui)osed  by  the  gentleman 
from  Storey,  so  as  to  allow  the  Supreme  Court 
to  hold  sessions  in  the  remote  counties,  for  the 
convenience  of  parties,  we  shall  provide  such 
a  system  as  will  utterly  preclude  the  Supreme 
Court  from  ever  getting  through  with  its  busi- 
ness. We  shall  thereby  be  converting  the  Su- 
preme Court,  as  I  said  in  the  former  Conven- 
tion, into  a  traveling  menagerie,  sending  it  to 
Esmeralda  County,  and  Nye,  and  Lander,  and 
Humboldt,  and  elsewhere  through  the  Terri- 
tory, where  cases  may  arise,  occupying  prob- 
ably half  the  time  of  the  Court  in  traveling,  to 
say  nothing  of  the  additional  expense  to  which 
it  would  subject  the  members  of  the  Court ;  an 
expense  so  great  that  no  reasonable  amount  of 
salary  would  compensate  for  it,  whilst  such 
an  arrangement  would  save  but  a  trifling 
amount  of  exi)ense  to  litigants. 

Mr.  PARKER.  I  rise  to  a  point  of  order.  I 
am  perfectly  willing  to  hear  gentlemen  talk 
about  a  matter  which  is  before  the  Convention, 
but  this  amendment  requires  unanimous  con- 
sent, and  objection  being  made,  there  is  con- 
sequently no  question  before  the  Convention. 
For  one,  I  do  not  want  to  sit  here  and  listen  to 
a  useless  discussion. 

The  PRESIDENT  pro  tern.  The  Chair  thinks 
the  point  of  order  is  well  taken. 

Mr.  JOHNSON.  I  submit  that  the  point  of 
order  is  not  well  taken,  as  the  only  way  you 
can  properly  ascertain  whether  or  not  there  is 
objection  to  the  amendment  is  to  put  it  to  the 
vote.  I  do  protest  against  a  ruling  that  places 
it  out  of  the  power  of  the  Convention  to  dis- 
cuss an  important  cpiestion  like  this. 

Mr.  CHAPIN.  I  now  move  to  refer  Section 
7  to  a  select  committee  of  three,  with  instruc- 
tions to  amend  by  inserting  the  language 
which  I  have  proposed,  namely,  to  insert  after 
"  seat  of  government,"  the  words,  "  unless  oth- 
erwise provided  by  law." 

Before  that  motion  is  put,  Mr.  President,  I 
want  to  occupy  about  two  minutes  of  the  time 
of  the  Convention,  and  proljably  I  will  not 
consume  more  time  than  that  upon  this  subject. 
I  do  regard  it  as  very  impolitic  indeed  for  us 
to  tie  uj),  by  a  constitutional  provision,  the  ac- 
tion of  our  TjCgislature  in  matters  of  this  kind. 
We  know  not  the  amount  of  legal  Ijusiness 
which  may  sjiring  up  hereafter,  in  Esmeralda, 
Humboldt,  or  Storey  County,  and  in  the  latter 
county  we  know  that  it  is  already  excessively 
large.  At  th(^  present  time  I  venture  to  say 
that  more  than  three-fourths  of  all  the  cases 
that  are  to  come  before  the  Suprenm  Court  tor 
trial  and  adjiidication  will  come  from  that 
county.  And  tlie  lime  may  not  be  far  distant 
when  the  same  state  of  things  will  e.xist  in 
sonu;  other  portion  of  the  State.  Now  I  ask,  is 
it  wise  to  put  into  the  fundamental  law  such  a 
provision,  which  there  will  be  no  power  in  the 


19th  day.] 


JUDICIAL  DEPARTMENT. 


723 


Monday,] 


Johnson — McClinton — Tagliabue — Banks. 


[July  25. 


Legislature  to  alter,  or  in  any  respect  to  modify 
or  change,  although  they  might  see  fit,  in  their 
wisdom,  to  make  some  other  provision  ?  I 
would  be  glad,  if  it  were  in  my  judgment  con- 
sistent with  the  interests  of  the  people,  to  have 
the  Supreme  Court  remain  here  permanently  ; 
but  I  do  not  want  the  thing  bound  down  in 
such  a  way  as  to  be  utterly  irrevocable.  I  hope 
there  may  be  no  occasion  for  change,  but  I  trust 
we  shall  not  prevent  the  possiljility  of  change 
in  the  event  that  occasion  tor  it  shall  arise. 

Mr.  JOHNSON.  I  have  presented  to  me  the 
possibility  of  being  ruled  out  of  order,  but  I 
shall  endeavor  in  what  remarks  I  have  to  ofter 
to  keep  within  the  rules  of  order.  I  wish  to 
repeat  in  part  what  I  before  said  on  this  ques- 
tion, and  it  may  he  add  a  word  or  two  more. 

This  proposition,  as  I  regard  it.  is  but  a  stand- 
ing bid  to  the  Legislature  to  constitute  a  court 
of  the  peripatetic  character  to  which  I  have  re- 
ferred. But  it  would  be  found  utterly  imprac- 
ticable to  provide  for  holding  a  court  elsewhere 
than  where  the  records  are  kept,  so  that  they, 
too,  would  have  to  follow  the  judges  around 
the  country,  at  great  expense.  It  would  con- 
stitute no  saving,  and  no  advantage  in  the  world 
to  the  i>ublic,  whilst  the  litigants  themselves, 
and  the  members  of  the  court,  would  be  greatly 
inconvenienced  by  such  an  arrangement.  If 
we  place  it  in  the  j)ower  of  the  Legislature  to 
impose  such  laborious  duties  on  the  judges, 
it  will  necessarily  involve  an  increase  of  their 
salaries,  for  if  a  term  is  established  in  one 
county,  another  will  have  to  be  jirovided  for 
in  another  county,  and  so  on  in  turn  till  every 
inconsiderable  town  in  the  State  shall  have 
been  accommodated  with  the  presence  of  this 
wandering  court.  The  consequence  will  be 
that  most  of  the  time  of  the  court,  and  the  en- 
tire salary  of  the  judges,  will  be  absorbed  in 
traveling  from  place  to  place. 

Mr.  McCLINTON.  I  hope  this  section  will 
not  be  referred  to  a  special  committee,  with 
the  instructions  proposed  by  the  gentleman 
from  Storey.  (Mr.  Chapin.)  for  the  reascnis 
which  have  been  urged  by  the  gentleman  from 
Ormsby,  (Mr.  Johnson,)  and  for  another  reason, 
which  is,  that  the  lawyers  and  litigants  who 
may  have  business  to  come  before  the  Supreme 
Court,  are  the  parties  whom  we  certainly  ought 
to  require  to  wait  upon  the  Supreme  Court, 
rather  than  make  the  Supreme  Court  wait  upon 
them,  at  their  own  doors.  That  would  be  an 
infringement  upon  the  dignity  of  the  court.  I 
do  not  want  to  see  so  dignified  a  body  as  the 
Supreme  Court  of  the  State  of  Nevada  made 
by  a  constitutional  provision  nothing  better 
than  a  band  of  Gypsies  or  nomads,  wandering 
about  to  every  county  seat  in  the  State,  in  some 
of  which  the  population  may  not  exceed  two 
or  three  hundred  persons.  I  say  if  parties  liti- 
gant have  cases  to  try,  let  them  bring  those 
cases  to  the  court  and  have  them  there  tried, 
and  do  not  let  them  ask  that  the  court  shall  be 
brought  to  them. 

Mr.  TAGLIABUE.    I  rise  to  a  question  of 


order.  I  do  not  think  there  is  a  quorum  pres- 
ent.    The  Convention  is  looking  very  thin. 

The  PRESIDENT  j^ro  tern.  The  Secretary 
will  count  the  Convention. 

The  SECRETARY  reported  that  twenty-one 
member  were  present. 

The  question  was  taken  on  the  motion  of 
Mr.  Chapin  to  recommit  Section  7,  with  instruc- 
tions to  amend,  and  it  was  not  agreed  to. 

justices'  courts. 

Section  8  was  read,  as  follows : 

Sec.  8.  The  Legislature  shall  determine  the  number 
of  Justices  of  the  Peace  to  be  elected  in  each  city  and 
township  of  the  State,  and  shall  lix  by  law  their  powers, 
duties,  and  responsibilities  ;  provided,  that  such  Jus- 
tices' Courts  shall  not  have  jurisdiction  of  the  following 
cases,  viz. :  First— Of  cases  in  which  the  matter  in 
dispute  is  a  money  demand  or  personal  property,  and 
the  amount  of  the  demand,  (exclusive  of  interest,)  or 
the  value  of  the  property,  exceeds  three  hundred  dol- 
lars. Second— Of  cases  wherein  the  title  to  real  estate 
or  mining  claims,  or  questions  of  boundaries  to  laud, 
is  or  may  be  involved;  or  of  cases  that  in  any  manner 
shall  conflict  with  the  jurisdiction  of  the  several  Courts 
of  Record  in  this  State.  And  prooided  furthei;  that 
Justices'  Courts  shall  have  such  criminal  jurisdiction 
as  may  be  prescribed  by  law.  And  the  Legislature 
jiiay  confer  \ijion  said  courts  jurisdiction  concurrent 
with  the  District  Courts  of  actions  to  enforce  mechan- 
ics' liens,  wherein  the  amount  (exclusive  of  interest) 
does  not  exceed  three  hundred  dollars;  and  also  of 
actions  for  the  possession  of  lands  and  tenements, 
where  the  relation  of  landlord  and  tenant  exists,  or 
when  such  ijossession  has  been  unlawfully  or  fraudu- 
lently obtained  or  vrithheld.  The  Legislature  shall 
also  prescribe  the  manner  and  determine  the  cases  in 
which  appeals  may  be  taken  from  Justices'  and  other 
courts.  The  Supreme  Court,  the  District  Court,  and 
such  other  courts  as  the  Legislature  shall  designate, 
shall  be  Courts  of  Record. 

Mr.  BANKS.  I  move  to  amend  the  last  pro- 
viso by  inserting  after  "concurrent,"'  the  words 
"or  exclusive,''  so  that  it  will  provide  that  the 
Legislature  may  confer  concurrent  or  exclusive 
jurisdiction,  I  would  like  to  hear  exactly  how 
it  will  read  then. 

Mr.  JOHNSON.    Very  badly. 

The  SECRETARY,  the  clause  will  read,  if 
so  amended,  "  and  the  Legislature  may  confer 
upon  said  courts  jurisdiction  concurrent  or  ex- 
clusive with  the  District  Courts,  of  actions  to 
enforce  mechanics'  liens,"  etc. 

Mr.  BANKS.  Well,  I  will  move  to  amend  it, 
then,  so  that  it  will  read — "  and  the  Legislature 
may  confer  upon  said  courts  exclusive  jurisdic- 
tion, or  jurisdiction  concurrent  with  the  District 
Courts."  etc. 

My  object  in  i^roposing  such  an  amendment, 
is  to  give  the  Legislature  power,  in  its  discre- 
tion, to  confer  upon  Justices  of  the  Peace  ex- 
clusive jurisdiction  in  those  small  cases.  It 
the  section  shall  be  adopted  without  an  amend- 
ment of  this  character,  the  result  will  be,  the 
District  Courts  having  jurisdiction  in  such 
cases,  as  well  as  the  Justices'  Courts,  that  a 
wealthy  plaintiff  will  have  the  power  to  bring 
his  suit  in  the  higher  court,  subjecting  the  de- 
fendant, who,  perhaps,  may  be  a  poor  man,  to 
greater  expenses  than  he  can  bear,  and  thus 
depriving  him  of  the  power  to  obtain  justice. 
I  do  not  wish  to  put  such  a  power  in  the  hands 


724 


JUDICIAL  DEPARTMENT. 


[loth  daj'. 


Monday,]  Brosnan— Banks— Chapin— Warwick— McClinton— President. 


[July  25. 


of  the  wealthy  plaintiff,  and  hence  I  desire 
that,  at  the  lea^t,  the  Legislature  may  have  the 
power  to  determine  that  Justices  of  the  Peace 
shall  exercise  exclusive  jurisdiction  in  those 
cases. 

Mr.  BROSNAN.  To  Avhat  particular  cases 
does  the  gentleman  from  Humboldt  refer? 

Mr.  BANKS.  Those  cases  which  are  enumer- 
ated in  the  amendment  adopted  on  the  motion 
of  the  gentleman  from  Storey  —  mechanics' 
liens,  and  so  on. 

Mr.  BROSNAN.  I  take  it  that  the  gentle- 
man's object  is  already  secured  V^y  the  previ- 
ous action  of  the  Convention.  Justices'  Courts 
have  jurisdiction  in  any  case  amounting  to  less 
than  three  hundred  dollars,  and  of  course  there 
being  no  intermediate  courts,  that  is,  between 
the  District  and  Justices'  Courts,  that  jui-isdic- 
tion  must  always  i-emain  with  them.  The  word 
concurrent  has'  been  employed  here,  because 
mechanics'  liens  are  subjects  of  equity  juris- 
prudence. All  liens  of  every  description  are 
within  the  reach  of  equity  jurisprudence,  and 
that  fact  would  give  to  a  District  Court  juris- 
diction as  to  any  amount,  whilst  Justices  of  the 
Peace  cannot  exercise  jurisdiction  over  the  mat- 
ter inasmuch  as  they  are  mere  creatures  of  stat- 
ute, and  have  no  original  powers.  As  the  sec- 
tion now  stands,  however.  Justices  of  the  Peace 
are  given  co-extensive  jurisdiction,  or  concur- 
rent jurisdiction,  which  amounts  to  about  the 
same  thing,  in  these  cases  of  the  enforcement  of 
liens,  where  the  amount  does  not  exceed  three 
hundred  doUai-s,  exclusive  of  interest;  and  I  do 
not  not  see  any  object  which  the  gentleman 
from  Humboldt  could  have,  or  any  benefit  that 
could  accrue  by  shutting  out  the  District  Courts 
from  that  jurisdiction. 

I  understood  the  gentleman  to  raise  the  ob- 
jection that  a  wealtliy  man  would  be  al)le  to 
force  a  poor  man  into  the  higher  court,  but  I 
do  not  see  how  it  could  operate  in  that  way. 
In  the  first  place,  it  is  the  poor  man,  the  me- 
chanic, who  has  his  lien,  and  he  has  his  option 
as  to  the  court  in  which  he  shall  bring  his  suit. 
The  mechanic  selects  his  own  court,  having  the 
privilege  of  going  into  either  the  District 
Court  or  a  Justice's  Court.  How,  then,  is  he 
injured,  when  he  may  -select  for  himself  in 
which  court  he  will  l)ring  his  suit?  And  is  the 
interest  of  any  other  person  prejudiced  because 
the  mechanic  has  a  right  to  go  into  either  court  ? 
Or  is  the  mechanic  going  to  be  injured  because 
another  person  has  the  right  to  go  into  the  Dis- 
trict Court,  in  these  special  cases  ?  I  think  not, 
and  therefore  it  ai)pcarst(j  me  that  everything 
the  gentleman  from  llumb*ddt  seeks  is  already 
provided  for,  in  tiu'  section  as  it  has  been 
amended.  1  drew  the  amendment  yesterday, 
with  a  great  deal  of  care,  in  order  to  meet  this 
very  character  of  objections. 

Mr.  BANKS.  I  ask  that  the  entire  section  be 
read  again. 

The  SECRETARY  again  read  Section  8. 

[The  I'resiuent  in  the  chair.] 

Mr.  CUAl'IN.  As  the  time  for  the  recess  has 


nearly  arrived,  I  move  that  it  be  extended  for 
half  an  hour. 

The  question  was  taken,  and  the  motion 
was  declared  to  be  agreed  to. 

Mr.  WARWICK.     I  call  for  a  division. 

The  PRESIDENT.  The  gentleman  is  too 
late. 

Mr.  WARWICK.     No,  sir  ;  I  think  not. 

The  PRESIDENT.  The  gentleman  can  take 
an  appeal,  if  he  desires  to  do  so. 

Mr.  WARWICK.  I  take  an  appeal,  and  my 
ground  of  appeal  is  that  there  were  but  two 
ayes,  and  I  certainly  heard  a  greater  number 
of  noes.  I  called  for  a  division  as  quick  as  I 
could. 

The  PRESIDENT.  The  Chair  bad  certainly 
decided  the  vote  before  there  was  any  call  for 
a  division,  but  at  the  same  time  I  am  quite  will- 
ing to  allow  a  division  to  be  taken. 

The  question  was  taken — "  Shall  the  decision 
of  the  Chair  stand  as  the  judgment  of  the  Con- 
vention?" and  upon  a  division  the  vote  was — 
ayes,  8  ;  noes,  10.  So  the  decision  of  the  Chair 
was  not  sustained. 

Mr.  McCLINTON.  Now  I  call  for  a  division 
on  the  motion  to  extend  the  time. 

The  PRESIDENT.  No,  sir  ;  that  cannot  be, 
because  the  decision  of  the  Chair,  which  has 
been  reversed,  was  that  the  time  had  been  ex- 
tended. 

The  hour  of  five  o'clock  having  arrived, 

The  PRESIDENT  dech\red  the  Convention  at 
recess  until  seven  o'clock,  P.  M. 


EVENING  SESSION. 

The  Convention  re-assembled  at  seven  o'clock, 
P.  M.,  and  was  called  to  order  by  the  President. 

FINAL   ENROLLMENT. 

Mr.  CHAPIN.  Before  taking  up  the  regular 
business,  I  wish  to  offer  a  resolution  in  relation 
to  the  final  enrollment,  for  the  reason  that  there 
are  so  many  members  who  contemplate  leaving 
the  Convention. 

The  PRESIDENT.  AVe  have  not  had  more 
than  twenty-four  or  twenty-five  members  pres- 
ent to-day.  and  it  may,  perhaps,  be  as  well  to 
inquire  about  how  many  are  desirous  of  leaving. 

Mr.  CHAPIN.  I  have  drawn  this  resolution 
with  reference  especially  to  the  haste  that  many 
members  will  be  in  to  get  away  at  the  close. 

The  SECRETARY  read  the  resolution,  as 
follows : 

Re.solved,  That  the  President  appoint  a  committee  of 
three,  whose  duty  it  shall  be,  together  with  the  Presi- 
di'iit  and  Secretary  of  the  Convention,  (after  the  final 
adjiuirniuent  iif  the  t'dnveiition,)  to  correct  any  clerical 
errors  whicli  may  liave  necurred,  and  to  .suijervise  the 
re-eiirolhiieiit  nl  the  t'c institution  as  finally  passed  ; 
and  that  the  last  si-iitence  in  the  Constitution  be  en- 
riiUed  ciu  a  separate  sheet,  to  be  signed  by  the  laenibera 
of  the  Coiiveutiim,  and  attached  to  the  re-enrolled  copy 
of  tlie  Constitution. 

The  question  was  taken,  and  the  resolution 
was  adopted. 
The  PRESIDENT.    The  Chair  will  be  under 


19th  day.] 


JUDICIAL  DEPARTMENT. 


725 


Monday,] 


Banks— Chapin—Tagliabue—Crosman—DeLong. 


[July  25. 


the  necessity  of  appointing;  this  committee  al- 
most entirely  from  the  Ormsby  delegation.  I 
have  made  inquiries  as  to  other  members  of  the 
Convention,  nearly  all  of  whom  propose  to 
leave  immediately,  and  the  mover  of  the  reso- 
lution himself  desires  not  to  be  placed  on  the 
committee.  I  understand,  however,  that  the 
gentleman  from  Storey,  who  is  Chairman  of 
the  .Judiciary  Committee,  (Mr.  Brosnan,)  will 
remain,  and  I  will  therefore  name  as  the  com- 
mittee Messrs.  Brosnan,  Kinkead,  and  Gibson. 

Mr.  BANKS.  What  is  the  object  of  the  latter 
portion  of  the  resolution,  providing  that  the 
last  sentence  shall  be  enrolled  on  a  separate 
sheet,  to  be  signed  by  the  members  and  attached 
to  the  re-enrolled  copy? 

Mr.  CHAPIN.  So  that  what  members  are 
signing  shall  not  appear  a  perfect  blank.  That 
is  the  way  i*^  was  done  last  year. 

Mr.  TAGLIABUE.  It  is  to  prevent  anybody 
from  putting  a  note  of  hand,  for  instance,  above 
the  signatures.     [Merriment.] 

THE   SCHEDULE. 

Mr.  CROSMAN,  from  the  Committee  on  En- 
grossment, reported  that  that  committee  had 
carefully  compared  the  engrossed  Article  XVII, 
(as  re-numbered,)  entitled  Schedule,  with  the 
original  article  as  ordered  engrossed,  and  had 
found  the  same  correctly  engrossed. 

The  report  was  accepted,  and  the  article  was 
l^laced  on  file  for  a  third  reading. 

JUDICIAL    DEPARTMENT. 

The  Convention  resumed  consideration  of 
Article  VI,  entitled  Judicial  Department,  upon 
its  third  reading. 

JURISDICTION   OF   JUSTICES    OF   THE   PEACE. 

The  question  pending  was  stated  to  be  on  the 
motion  made  by  Mr.  Banks,  to  recommit  Sec- 
tion 8  to  a  special  committee  of  three,  with 
instructions  to  amend  the  same  by  inserting 
after  the  words  "said  courts,"  the  words  'ex- 
clusive jurisdiction,  or,"  so  that  the  clause 
would  read : 

"  And  the  Legislature  may  confer  uijon  said  courts 
exclusive  jurisdiction,  or  jurisdiction  concurrent  with 
the  District  Courts,  of  actions  to  enforce  mechanics' 
liens,  wherein  the  amount  (exclusive  of  interest)  does 
not  exceed  three  hundred  dollars ;  and  also  of  actions 
for  the  iDossessions  of  lands  and  tenements,  where  the 
relation  of  landlord  and  tenant  exists,  or  when  such 
possession  has  been  unlawfully  or  fraudulently  obtain- 
ed or  withheld." 

Mr.  BANKS.  It  will  be  observed  that  the 
remarks  of  the  gentleman  from  Storey  (Mr. 
Brosnan)  on  this  matter,  seem  to  have  been 
made  upon  the  assumption  that  those  words, 
"exclusive  and  concurrent  jurisdiction,"  quali- 
fied only  actions  for  the  enforcement  of  me- 
chanics' liens,  but  the  reading  of  the  section 
shows  clearly  that  it  qualifies  not  only  mechan- 
ics' liens,  but  the  other  matters  embraced  in 
the  amendment,  which  was  adopted,  on  his 
motion,  the  other  day. 

One  of  the  strongest  reasons  why  the  Legis- 
lature should,  in  my  judgment,  have  the  privi- 


lege of  passing  laws,  giving  to  Justices  of  the 
Peace  exclusive  jurisdiction  in  such  cases,  I 
stated  briefly  this  afternoon,  previous  to  the 
remarks  of  the  gentleman  from  Storey,  namely, 
that  to  prohibit  the  Legislature  from  passing 
any  laws  conferring  such  exclusive  jurisdiction, 
would  be  to  place  it,  beyond  all  question,  in 
the  power  of  plaintiffs  to  bring  suit  wherever 
they  please.  And  the  argument  is  still  unan- 
swered, notwithstanding  the  attempt  of  the 
gentleman  from  Storey  to  reply  to  it,  that  it 
would  give  to  the  wealthy  man  an  opportunity 
to  bring  his  suit  in  a  court  where  the  poor  mail 
would  not  have  an  equal  chance  with  him,  on 
account  of  the  very  great  expense  of  carrying 
on  suits  in  the  higher  courts.  It  is  manifest 
that  there  should  be  courts  established  for  the 
trial  of  these  cases  of  small  amounts,  where 
any  person  who  is  interested  can  be  heard  in 
defense  of  his  title,  or  in  advocacy  of  his  claim, 
for  a  small  sura.  But  while  this  body  does  not 
seem  to  be  desirous  of  conferring  this  power 
on  Justices'  Courts  directly,  by  a  constitutional 
provision,  there  are  some  members,  at  least, 
who  seem  to  be  willing  to  place  the  matter  in 
such  a  position  that  the  Legislature  cannot 
confer  that  power  exclusively  upon  the  Jus- 
tices' Courts.  I  cannot  help  thinking  that  those 
gentlemen  seem  desirous  of  leaving  a  loop-hole 
open  for  placing  the  matter  in  such  a  position 
that  the  wealthy  prosecutor,  in  that  class  of 
cases,  will  have  an  advantage  over  his  poorer 
opponent. 

Mr.  DeLONG.  But  does  it  not  cost  him  a 
great  deal  more  to  get  his  judgment,  if  he  sues 
in  the  higher  court  unnecessarily  ? 

Mr.  BANKS.  Sometimes  a  man  cares  little 
or  nothing  for  the  expense,  if  he  can  only 
bother  and  annoy  his  opponent. 

Mr.  DeLONG.  What  right  has  the  gentleman 
from  Humboldt  to  assume  that  such  a  suit  will 
cost  more  in  a  District  Court  than  in  a  Justice's 
Court  ? 

Mr.  BANKS.  Simply  because  we  know  from 
experience,  that  it  uniformly  costs  more  to  carry 
on  a  case  in  a  Court  of  Record  than  in  a  Jus- 
tice's Court,  where  any  straight-forward  com- 
mon sense  man  can  conduct  his  own  case,  with- 
out incurring  the  expense  of  employing  a 
lawyer. 

Mr.  DeLONG.  For  every  paper  filed,  the 
charge  of  the  clerk  is  the  same  in  a  Ju.^tice's 
Court  as  in  a  District  Court ;  they  have  the 
same  charge  in  those  courts  for  the  fees  of 
jurors,  the  same  for  swearing  in  jurors,  and 
the  same  for  administering  an  oath  to  a  wit- 
ness. In  short,  there  is  no  diflference  in  the 
world  in  respect  to  the  fees.  The  cost  in  a 
Justice's  Court  of  a  trover  case,  which  goes  off 
without  any  trouble,  is  small,  but  if  the  same 
case  were  tried  in  a  District  Court,  it  would 
cost  very  little,  if  any,  more.  Cases  in  the  Dis- 
trict Courts  ordinarily  cost  more,  it  is  true,  than 
cases  in  Justices'  Courts,  but  that  is  only  be- 
cause they  are  cases  of  greater  importance,  in- 
volving more  difficult  questions. 


726 


JUDICIAL  DEPARTMENT. 


[19th  day. 


Monday,]         Banks— DeLong—Brosnan — "Wetherill — Tagliabue — McClixton.  [July  25. 


Mr.  BANKS.  That  is  all  special  pleading,  if 
the  gentleuieu  will  allow  me  to  use  such  an 
expression,  for  he  very  well  knows  that  I  can- 
not conduct  my  own  case  in  a  District  Court, 
because  1  require  there  the  aid  of  a  lawyer. 

Mr.  OkLOXG.  The  gentleman  can,  in  a  Dis- 
trict Court,  if  he  can  in  a  .Justice's  Court. 

Mr.  BANKS.  The  gentleman  from  Storey 
knows  very  well  that  practically  men  do  not, 
and  cannot  do  so. 

Mr.  BROSNAN.  There  is  in  California  a 
special  provision  that  every  man  shall  be  al- 
lowed to  plead  his  own  case  in  any  court. 

Mr.  BANKS.  That  is  not  my  recollection  ; 
but  it  makes  no  practical  difference. 

Mr.  WETHERILL.  Here  is  what  I  regard 
as  a  strong  point  in  ftivor  of  the  amendment. 
Where  the  losing  party  feels  aggrieved  by  the 
decision,  as  is  trequently,  if  not  generally  the 
case,  he  naturally  wishes  to  take  an  appeal  ; 
but  if  his  case  has  been  tried  in  the  District 
Court  he  can  only  appeal  to  the  Supreme  Court, 
and  then  he  does  not  know  when  it  may  ever 
be  heard  from  again  ;  whereas,  if  it  is  tried 
originally  in  the  Justice's  Court,  he  can  take 
his  appeal  to  the  District  Court,  and  he  still 
has  the  case  right  at  home,  under  his  own  ob- 
servation. I  look  upon  that  as  a  very  strong 
point. 

Mr.  BROSNAN.  I  hope  the  amendment  pro- 
posed by  the  gentleman  from  Iluniljoldt  will 
not  prevail.  If  it  should  happen  to  do  so,  we 
are  placed  in  the  attitude  of  bringing  our  su))- 
ordinate  Courts  of  Justice  in  direct  opposition 
to.  and  in  conflict  with  the  jurisdiction  which 
we  have  already  given  to  our  Court  of  Appeal, 
the  Supreme  Court ;  for  we  have  determined 
that  the  Supreme  Court  shall  have  appellate 
jurisdiction  over  all  subjects  of  controversy, 
wherein  the  amount  involved  is  over  three 
hundred  dollars,  exclusive  of  interest,  and  also 
wherein  the  title  to.  or  the  I'ight  of  possession 
of  land  or  mining  claims  is  involved,  no  matter 
what  the  amount  of  the  value  may  be.  Suppose 
we  say  here  that  Justices'  Courts  shall  have 
exclusive  jurisdiction  of  these  matters,  what 
l;ecomes  of  the  rest  of  our  Constitution  '! 

Now.  sir,  I  state  it  as  a  fact,  that  in  the  State 
of  California  no  man  is  prohibited  from  going 
into  any  of  the  courts  and  pleading  his  own 
case  ;  any  man  can  do  so,  and  it  is  frequently 
done.  But  men  generally  are  wise  enough — 
although  many  are  not  as  wise  as  my  friend 
fr<im  Humboldt — to  trust  thcmsclvi's  and  tlicir 
intcii'sts  in  th(^  hands  of  men  who  are  skilled 
in  the  law,  and  are  not  willing  to  allow  them 
to  be  conducted  by  those  who  are  inexi)erienced. 
If  I  had  a  job  of  mechanical  work  of  any  kind 
to  jierfoi'in,  instead  of  undertaking  it  myself,  J 
Would  go  to  a  man  who  understood  that  par- 
ticular husiness,  and  <'uii)loy  liim  to  do  it.  A\u\ 
it  is  upon  the  sainc^  ))rin(ij)i(!  that  men  em])loy 
lawyers  and  advocates  to  jirosecute  or  defend 
their  cases  in  the  courts,  in  their  behalf. 

I  will  say  further,  Mr.  President,  that  Jus- 
tices of  the  I'eace  in  this  State  have,  or  will 


have,  if  we  shall  adopt  a  State  organization,  a 
more  enlarged  and  extended  jurisdiction  thaa 
I  have  ever  known,  or  heard  of  being  con- 
ferred upon  that  class  of  officers  anywhere  else. 
It  might  be  just  as  safe  to  intrust  this  jurisilic- 
tion  to  Justices  of  the  Peace  as  to  intrust  it 
to  District  Judges,  provided  they  were  known  to 
possess  the  legal  abilities  which  District  Judges 
are  required  to  possess.  But  inasmuch  as  we 
cannot  reasonably  expect  that,  and  inasmuch 
as  we  have  already  enlarged  the  jurisdiction  of 
Justices  of  the  Peace  three-fold,  even  against 
the  experience  of  the  past — m  opposition  to  the 
precedents  of  other  States — I  submit  that  we 
ought  not  now  to  adopt  this  amendment,  and 
the  more  especially  when  we  consider  that  it 
will  necessarily  devolve  upon  this  Convention 
the  duty  of  going  back  and  remodeling  what 
it  has  already  done  ;  and  that,  too,  at  this  pe- 
riod of  time  in  the  progress  of  our  delibera- 
tions, when  we  are  scarcely  able  to  keep  a 
quorum  together. 

Mr.  BANKS.  I  would  like  to  be  allowed 
about  one  minute  to  reply  to  some  of  the  re- 
marks of  the  gentleman  from  Storey. 

The  PRESIDENT.  The  gentleman  has  al- 
ready occupied  more  than  his  allotted  time. 

Mr.  TAGLIABUE.    I  object. 

Mr.  BANKS.  The  gentleman  from  Storey 
(Mr.  Brosnan)  has  made  some  statements  to 
which  I  would  ask  leave  to  reply,  very  briefly. 

The  question  was  taken  on  suspending  the 
rule,  so  as  to  grant  Mr.  Banks  leave  to  proceed, 
and  leave  was  granted. 

Mr.  BANKS.  The  gentleman  li-om  Storey 
states,  with  a  great  deal  of  emphasis,  as  a 
matter  of  fact,  that  there  is  no  law  in  California 
prohibiting  a  man.  who  is  not  a  lawyer,  from 
entering  a  Court  of  Record,  and  there  stating 
his  own  case,  or  pleading  his  own  cause,  whether 
before  a  District  Court  or  any  other  court. 
Now,  sir.  I  did  not  state  positively  that  on 
account  of  any  legal  prohibition  a  man  could 
not  enter  such  a  court  for  that  purpose,  but  I 
said  that  practically  there  was  a  denial  to  him 
of  that  privilege.  And  I  do  not  know  of  a 
single  instance,  within  my  own  observation  of 
legal  proceedings,  where  a  man,  who  was  not 
a  lawyer,  has  gone  into  a  Court  of  Record  to 
attend  to  his  own  case,  while  I  have  known  of 
many  instances,  in  the  less  formal  courts,  where 
men  have  successfully  conducted  their  own 
cases,  under  the  simple  forms  of  procedure 
tlieie  recjuired.  Therefore,  I  say  that  practi- 
cally, wlu'tlier  there  be  any  legal  prohibition 
or  not,  men  are  denied  the  privilege  of  going 
before  the  District  Courts,  except  when  they 
are  represented  b.y  counsel.  And  my  recollec- 
tion in  regard  to  the  legal  prohibition  is  differ- 
ent from  the  gentleman's  stutenu'ut. 

Mr.  M(< 'LINTON.  I  rise  to  a  (pu-stion  of 
order,  which  is,  that  the  form  which  the  discus- 
sion has  assumed,  is  not  pertinent  to  the  qiies- 
tion  before  the  Convention,  and  it  is  only 
consuming  the  time  in  a  manner  that  can  result 
in  no  possible  good. 


19th  day.] 


JUDICIAL  DEPARTMENT. 


■727 


Monday,] 


President— Banks — DeLong — Hawley. 


[July  25. 


The  PRESIDENT.  I  do  not  think  the  gen- 
tleman from  Humboldt  has  taken  a  wider  range 
than  is  warranted  by  his  amendment. 

Mr.  BANKS.  As  to  the  matter  of  fact  which 
the  gentleman  from  Storey  states  with  so  much 
emphasis.  I  have  no  issue  to  take,  except  that 
my  recollection  is  different  from  his  on  that 
point ;  but.  so  far  as  that  is  concerned,  I  am 
willing  to  defer  to  his  recollection.  That  does 
not,  however,  change  the  fact  of  men  being 
practically  denied  the  privilege,  in  the  higher 
courts,  while  they  are  ijractically  allowed  it  in 
the  Justices'  Courts. 

Now,  sir,  with  regard  to  the  gentleman's 
other  point,  as  to  the  necessity  of  our  going 
back  and  changing  soiuething  else,  let  us  con- 
sider briefly  the  history  of  this  matter.  The 
whole  subject  was  considered  in  the  Judiciary 
Committee,  very  ably  and  fully,  I  have  no 
doubt.  A  report  was  made  at  length,  involv- 
ing various  matters  which  we  did  not  altogether 
understand,  and  thereupon  we  proceeded  to 
consider  and  amend  the  article,  as  reported*,  in 
Committee  of  the  Whole.  Some  sections  were 
amended,  others  were  stricken  out  altogether, 
and  some  entirely  new  sections  were  added. 
Although  to  some  of  the  action  of  the  commit- 
tee the  gentleman  from  Storey  himself  de- 
murred, as  well  as  other  members,  still  section 
after  .section  was  passed  upon,  until  at  last  a 
system,  which  I  believe  to  be  a  bad  one,  was 
completed  and  adopted.  And,  sir,  upon  tfee 
very  first  opportunity  which  was  presented  for 
attacking  that  system  by  amendments,  I  made 
such  attack,  and  now  I  deny  that  the  gentle- 
man from  Storey  has  any  right  to  insist  that, 
because  we  have  adopted  a  bad  plan,  no  amend- 
ment must  be  made,  for  the  reason  that  it  miy 
interfere  with  the  carrying  out  of  that  bad 
system. 

'  Mr.  DeLONG.  So  far  as  my  observation  has 
extended,  not  one  valid  argument  has  been 
presented  in  support  of  this  amendment,  and 
only  one  that  is  even  plausible.  It  is  said  first, 
that  it  is  speedier  to  try  these  small  cases  in 
the  Justices'  Courts,  but  that  cannot  be  shown, 
and  nobody  attempts  it.  In  the  next  place, 
they  say  it  is  cheaper.  That  cannot  be  shown. 
Gentlemen  cannot  point  out  how  they  are  go- 
ing to  try  a  case  for  one  cent  less  in  a  Justice's 
Court  than  in  a  District  Court.  The  next  point 
is  that  a  man  who  is  competent  to  try  his  own 
case  in  a  Justice's  Court,  is  not  competent  to 
do  the  same  thing  in  a  District  Court.  That 
clearly  cannot  be  so,  for  where  he  has  a  better 
judge,  he  will  necessarily  succeed  better,  hav- 
ing a  good  judge  to  instruct  him  in  the  event 
of  his  going  wrong.  A  person  conducting  his 
own  case  without  an  attorney,  must  be  better 
situated  the  higher  he  goes.  The  next  propo- 
sition is,  that  in  case  of  an  appeal,  if  your  case 
has  been  tried  in  a  Justice's  Court,  by  appeal- 
ing it  to  the  District  Court  you  are  enabled  to 
keep  track  of  your  case  better,  being  still  at 
home,  than  if  it  were  appealed  from  the  Dis- 
trict Court  to  the  Supreme  Court.     That  is  one 


point,  and  the  only  point,  in  my  judgment,  en- 
titled to  much  consideration.  If  there  is  any 
advantage  in  keeping  a  case  where  you  can  see 
about  it  at  any  time,  instead  of  sending  it  to 
the  Supreme  Court,  the  amendment  secures  that 
advantage  in  the  classes  of  cases  which  are 
included  by  it.  Another  point  they  make  is, 
that  it  costs  less  to  take  up  a  case  on  appeal 
from  the  Justice's  Court.  That  cannot  be 
shown.  The  fees  to  be  paid  upon  an  appeal 
from  a  Justice's  Court  to  a  District  Court.  I 
believe  are  precisely  the  same  as  on  an  appeal 
from  the  District  Court  to  the  Supreme  Court. 
Again,  another  proposition  is,  that  judgment 
would  be  less  speedily  rendered  in  the  Supreme 
Court  than  in  the  District  Court.  There  is  no 
reason  why  that  should  be  so.  The  Supreme 
Court  will  very  probably  sit  continuously,  and 
I  think  it  is  likely  to  be  less  burdened  with  busi- 
ness than  a  District  Court,  with  everything  to 
consider  in  the  way  of  a  law  case  that  involves 
any  amount  above  three  hundred  dollars. 
Therefore  there  is  not  a  single  argument  pre- 
sented in  favor  of  the  amendment  that  is  capa- 
ble of  proof — not  one. 

Now  what  are  the  arguments  to  support  the 
reverse  of  the  proposition  ?  In  the  first  place, 
if  this  amendment  shall  be  made,  we  have  got 
to  go  to  work  and  revise  the  entire  article,  an 
operation  which  will  certainly  occupy  a  long 
time,  and  we  are  all  in  haste  to  conclude  our 
labors.  We  have  considered  the  subject  care- 
fully and  fully  already,  and  there  ought  to  be 
strong  reasons  pi-esented  before  we  are  asked 
to  reverse  our  action.  One  of  the  arguments 
advanced  on  that  side,  and  which  I  had  over- 
looked for  the  moment,  is  that  the  wealthy 
prosecutor,  having  his  choice  of  Courts,  will 
sue  in  the  District  Court,  in  some  cases,  in 
order  to  enhance  the  costs  to  be  paid  by  his 
opponent.  But,  in  the  first  place.  I  have  al- 
ready shown  that  it  will  not  necessarily  cost 
more  in  that  court ;  and  in  the  next  place,  all 
analogy  and  experience  is  against  that  argu- 
ment. Men  bring  suits  in  order  to  recover 
judgments — that  is  what  they  are  after — and  if 
the  Justice's  Courc  is  easier,  cheaper,  or  plainer, 
they  will  certainly  sue  there.  'And  most  as- 
suredly there  will  not  be  so  much  likelihood  of 
vexatious  delay  in  that  court  as  in  the  District 
Court,  and  that  is  what  the  plaintiff  is  always 
anxious  to  avoid.  The  defendant  can  always 
wait.  The  plaintiff  is  sometimes  in  a  hurry  to 
get  his  judgment,  but  the  defendant  need  be  in 
no  hurry.  I  see  no  good  reason,  in  any  point 
of  view,  why  the  amendment  should  be  adopt- 
ed, while  I  see  many  good  reasons  for  reject- 
ing it. 

Mr.  HAWLEY.  If  I  may  speak  from  ex- 
perience. I  will  say  that  in  my  opinion  the 
Convention  has  not  consulted  the  true  interests 
of  litigants,  even  in  giving  to  Justices  of  the 
Peace  the  amount  of  jurisdiction  that  has  al- 
ready been  conferred  upon  them  ;  and  I  think 
that,  so  far  from  consulting  the  interests  o 
litigants  by  the  adoption  of  this  amendment 


lOi 


JUDICIAL  DEPARTMENT. 


[19th  day. 


Monday,] 


President — Banks — DeLong — Bkosxax. 


[July  25. 


the  Convention  would  thereby  actually  be  do- 
ing a  i^ross  inju!*tice  to  litigants,  nn  both  sides. 
Questious  as  intricate  as  any  in  the  whole 
range  of  the  law  may  come  up  on  the  trial  of 
actions  for  the  enforcement  of  mechanics"  liens, 
and,  sir.  whilst  I  do  not  intend  to  cast  any  slur 
upon  the  {general  character  of  the  class  of  men 
who  usually  occupy  po-ition  as  Justices  of  tlie 
Peace — for,  generally  speaking,  I  hold  them  in 
high  esteem  as  citizens — yet  1  do  not  think  I  am 
stepping  o :;tside  of  the  'bounds  of  reason  and 
truth  when  I  give  it  as  my  opinion  that  not  two 
Justices  of  the  Peace  out  of  live  who  nre  elect- 
ed, would  be  competent  to  issue  a  summons  in 
a  case  of  the  foreclosure  of  a  mechanic's  lien, 
to  say  nothing  about  deciding  the  intricate 
questions  that  may  be  involved  in  the  trial  of 
that  class  of  cases. 

I  repeat  tliat  in  my  judgment  this  Convention 
would  be  doing  gross  injustice  to  the  interests 
of  parties  litigant,  by  incorporating  in  our 
Constitution  the  amendment  proposed  by  the 
gentleman  from  Humboldt.  So  far  as  relates 
to  the  gentleman's  argument,  tl)at  with  his 
amendment  every  man  will  be  at  liberty  to  de- 
fend his  own  case,  I  attach  not  the  slightest 
degree  of  importance  to  it.  Those  men  who 
Knd  themselves  compelled  to  foreclose  mechan- 
ics' liens,  are  seldom  men  who  are  able  to 
make  out  a  pleading  properly,  and  much  less, 
if  opposition  be  made,  to  compete  with  op- 
posing counsel  in  relation  to  points  of  practice, 
which  I  admit  are  often  raised  for  the  mere 
purpose  of  embarrassing  an  opponent.  There- 
fore, 1  beg  to  assure  these  gentlemen  that  in- 
stead of  doing  a  kindness  to  litigants,  by 
giving  Justices'  Courts  the  exclusive  jurisdic- 
tion wliich  the  amendment  proposes,  tliey  will 
be  doing  them  gro.ss  injustice.  I  hope  and 
trust  that  the  amendment  will  not  be  made, 
and  if  those  gcntleiiien  wei'e  more  familiar  I 
with  the  rules  of  practice  in  the  courts  than 
they  are,  and  sincerely  desired  to  advance  tlie 
interests  of  parties  litigant,  I  do  not  think 
they  would  urge  such  a  proposition,  for  1 
really  do  not  believe  they  understand  exactly 
and  fully  what  the  interests  of  those  parties 
are.  • 

The  PRESIDENT.  I  will  suggest  to  the 
mover  of  the  amendment,  that  in  order  to 
avoid  a  point  of  ordi-r  which  might  possibly 
be  raised,  he  had  better  vary  his  motion,  so  as 
to  ri.'conunit  tiif  section  to  a  special  c(jnnnitti'e 
of  three,  with  instructions  to  i-eport  it  back 
immediately,  willi  the  amendment  which  he  de- 
sires siiall  be  made. 

Mr.  15.\Ni\rf.     1  iiave  made  that  motion. 

Tlie  <(uestion  was  taken,  and  the  motion  was 
not  agreed  to. 

Sections  'J  to  13,  inclusive,  were  read  as 
follows : 

8kc.  9.  Thp  LoRlHlattire  shall  proBcribo  the  powers, 
(lutieH,  and  reKpoiiHibiliticH  of  any  municipal  court  tliat 
iiiuy  Im;  eHtaldiHlicil  in  jiurHUance  of  Section  1  of  thin 
artiile;  and  nliall  ho  tlx  ijy  law  the  jurisdiction  of  said 
court,  aH  not  to  conflict  with  that  of  the  several  Courts 
of  liccord. 


Sec.  10.  No  judicial  officer,  except  a  Justice  of  the 
Peace,  shall  receive  to  his  own  use  any  fees  or  perqui- 
sites of  olfice. 

Sec.  11.  The  Justices  of  the  Supreme  Court,  and 
the  District  Judges,  shall  be  ineligible  to  any  office, 
other  than  a  judicial  office,  during  the  term  for  which 
they  sliall  have  been  elected,  and  aU  elections  or  ap- 
poiutnients  of  any  such  judges  by  the  people,  Legisla- 
lature,  or  otherwise,  during  said  x^eriod,  to  any  office 
other  than  judicial,  shall  be  void. 

Sec.  12.  Judges  shall  not  charge  juries  in  respect 
to  matters  of  fact,  but  may  state  the  testimony  and  de- 
clare the  law. 

Sec.  l;?.  The  stylo  of  all  jiroeess  shall  be,  "  The 
State  of  Nevada,"  and  all  rirosecutious  shall  be  con- 
ducted in  the  name  aud  by  the  authority  of  the  same. 

No  amendment  having  been  offered  to  either 
of  the  above  sections, 

EQUITY    JL'RISDICXION. 

Section  14  was  read,  as  follows  :' 

Sec.  14.  There  shall  be  but  one  form  of  civil  action, 
aud  law  aud  equity  may  be  administered  in  the  same 
action  in  Courts  of  Kecord. 

Mr.  BANKS.  I  would  inquire  of  the  Chair- 
man of  the  Judiciary  Committee,  or  some  one 
else,  whether  those  cases  which  have  been  enu- 
merated in  Section  8,  as  being  such  as  may  be 
disposed  of  in  Justices'  Courts,  may  not  involve 
both  law  and  equity  ?  And  if  so,  I  would  in- 
quire further,  whether  a  Justice's  Court  is  likely 
to  be  a  Court  of  Record? 

Mr.  DeLONG.     Oh,  no. 

Tlic  PRESIDENT.  Those  words  were  incor- 
porated by  the  committee  in  addition  to  the 
original  section  as  printed. 

Mr.  BANKS.  I  move  to  strike  out  the  words 
"  in  Courts  of  Record,'"  liecause  otherwise  the 
section  would  exclude  Justices'  Courts. 

The  question  was  taken,  and  several  mem- 
bers voting  in  the  negative,  the  amendment 
was  not  agreed  to — unanimous  consent  being 
required. 

Mr.  BANKS.  I  move  to  recommit  the  section 
to  a  special  committee  of  oue,  with  instructions 
to  report  it  back  with  that  amendment. 

Mr.  DeLONG.  What  for?  What  case  can 
you  imagine  in  a  Justice's  Court  where  both 
law  and  equity  need  to  be  administered  ? 

Mr.  BANKS.  Some  of  those  cases  which 
were  enumerated  in  the  amendment  to  Sec- 
tion 8. 

Mr.  BROSNAN.    Mechanics'  liens. 

Mr.  DeLONG.  That  is  equity.  You  will 
have  cases  then  involving  both  law  and  equity  ; 
but  if  you  give  Justices  of  the  Peace  power  to 
administer  law  and  equity,  you  will  get  double 
doses,  I  apprehend,  that  will  knock  litigation 
"into  pi." 

The  PRESIDENT.  I  have  very  grave  doubts 
whether  tiie  motion  to  recommit  is  in  order, 
after  the  vote  having  been  taken  on  the  amend- 
ment, at  this  stage  of  proceedings.  1  will 
forego  the  (juestion  of  order,  however,  and  will 
put  the  motion  in  the  shape  in  which  the  gen- 
tleman from  Humlioldt  makes  it. 

Mr.  BANKS.  I  understood  the  vote  taken 
to  ))e  merely  a  test  of  the  sense  of  the  Con- 
vention. 


19th  day.] 


JUDICIAL  DEPARTMENT. 


729 


Monday,] 


DeLoxg— Brosnan — McCuNTON — Johnson — Kennedy — Fbizeil. 


[July  25. 


The  PRESIDENT.  The  gentleman  will  re- 
member that  I  suggested,  when  he  offered  a 
previous  amendment,  that  he  should  move  a 
recommitment,  in  order  to  avoid  any  question 
of  order. 

Mr.  DeLONG.  "We  have  given  to  Justices' 
Courts  equity  jurisdiction — as,  for  instance,  in 
mechanics'  liens.  That  is  what  is  called  an 
equitable  action,  yet,  at  the  same  time,  it  in- 
cludes both  law  and  equity.  It  is  legal  relief 
to  get  a  money  judgment,  and  equitable  relief 
to  liave  the  property  sold  to  satisfy  the  judg- 
ment. The  mechanic  is  entitled  by  law  to  have 
his  claim  allowed  against  the  party  owning  the 
property,  and  under  that  law  he  gets  from  the 
court  the  money  judgment,  but  not  the  prop- 
erty. If,  then,  having  obtained  a  money  judg- 
ment, the  court  orders  a  sale  of  the  property 
to  satisfy  it,  he  gets  equitable  relief.  If  he 
gets  both,  it  amounts  to  the  administration  of 
both  law  and  equity,  because  the  judgment 
embraces  both.  Therefore,  if  we  are  going  to 
allow  Justices  of  the  Peace  to  have  jurisdiction 
of  the  foreclosure  of  mechanics'  liens,  I  hope 
the  gentleman's  amendment  will  be  allowed  to 
be  made,  nunc  pro  tunc,  right  in  the  section, 
without  any  recommitment. 

Mr.  BROSNAN.  I  shall  vote  for  the  amend- 
ment. I  think  it  is  decidedly  appropriate,  now 
that  we  have  determined  to  give  these  powers 
to  Justices  of  the  Peace. 

The  question  was  again  taken  on  the  amend- 
ment proposed  by  Mr.  Banks,  to  strike  out  the 
words  "  in  Courts  of  Record,"  and  it  was  agreed 
to  by  unanimous  consent. 

C0.MPENSATI0N   OF  JUDGES. 

Section  15  was  read,  as  follows  : 

Sec.  15.  The  Justices  of  the  Supreme  Court,  and 
District  Judges,  shall  each  receive  quartei-ly,  for  their 
services,  a  compensatiou  to  be  fixed  by  the  Legislature, 
and  which  shall  not  be  increased  or  diminished  during 
the  term  for  whicli  they  shall  have  been  elected,  and 
the  Legislature  shall  provide  for  setting  apart  from 
each  year's  revenue  a  sufficient  amount  of  money  to 
pay  such  compensation;  jtrovided,  that  District  Judges 
shall  be  paid  out  of  the  county  treasuries  of  the  coun- 
ties comijosing  their  respective  districts. 

[Mr.  Crawford  in  the  chair.] 

Mr.  McCLINTON.  I  think  the  word  "  law  " 
will  read  better  in  that  first  sentence  than 
"  Legislature."  It  now  says  they  shall  receive 
"a  compensation" to  be  fixed  by  the  Legisla- 
ture," and  I  will  move  to  amend  by  striking 
out  '•  the  Legislature,"  and  inserting  "  law,"  so 
as  to  read — "  a  compensation  to  be  fixed  by 
law."  That  is  the  form  usually  adopted,  I 
believe. 

Mr.  JOHNSON.  There  is  one  matter  to  which, 
in  this  connection,  I  desire  to  call  the  attention 
of  members  of  the  Convention.  It  will  be  seen 
that  by  this  section  it  is  provided  that  the  sal- 
ary of  the  Justices  of  the  Supreme  Court — 

Mr.  KENNEDY.  I  rise  to  a  point  of  order. 
The  gentleman  from  Esmeralda  (Mr.  McClin- 
ton)  has  offered  an  amendment  which  has  not 
been  disposed  of. 


Mr.  JOHNSON.  The  gentleman  will  pardon 
me  ;  I  did  not  observe  that  he  had  offered  an 
amendment 

Mr.  McCLINTON.  It  will  only  take  half  a 
minute  to  dispose  of  it.  It  is  simply  to  strike 
out,  in  the  first  sentence,  '•  the  Legislature," 
and  insert  "  law." 

Mr.  FRIZELL.  This  section  is  so  construct- 
ed, that  it  appears  to  me  the  word  "  Legisla- 
ture" is  more  appropriate  in  that  connection. 
If  the  gentleman  will  read  on,  he  will  see  what 
I  mean.     It  says  : 

"And  which  shall  not  be  increased  or  diminished 
during  the  term  for  which  they  shall  have  been  elected, 
and  the  Legislature  shall  provide  for  setting  aj^art  from 
each  year's  revenue  a  sufficient  amoimt  of  money," 
etc. 

Taking  the  section  altogether,  it  appears  to 
connect  with,  and  devolve  the  matter  especially 
upon  the  Legislature. 

Mr.  KENNEDY.    Of  course. 

Mr.  FRIZELL.    I  think  it  is  immaterial. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  McClinton,  and  it  was  not 
agreed  to. 

Mr.  JOHNSON.  What  I  desired  to  call  at- 
tention to  was  the  first  portion  of  the  section  : 

"The  Justices  of  the  Supreme  Court,  and  District 
Judges,  shall  each  receive  quarterly,  for  theii-  services, 
a  compensation  to  be  fixed  by  the  Legislature,  which 
shall  not  be  increased  or  diminished  durmg  the  term 
for  which  they  shaU  have  been  elected. ' ' 

Now  we  do  not  propose  that  the  Legislature 
shall  have  power  to  diminish  the  salaries  of 
any  of  the  judges  during  the  term  of  the  in- 
cumbent for  whom,  or  within  whose  term,  the 
salary  has  been  previously  fixed.  In  other 
words,  we  propose  that  when  the  judge  goes 
upon  the  bench,  the  Constitution  and  the  law 
shall  have  fixed  the  salary,  which  shall  not  be 
changed  so  as  to  affect  him.  But  in  the  event 
of  a  reduction  of  the  number  of  judges,  which 
may  occur  by  the  passage  of  a  law  at  any  time, 
the  provision  in  the  Constitution  ought  not  to 
be  so  broad  and  comprehensive  as  to  prevent 
such  a  law  from  affecting  a  person  elected  or 
appointed  to  fill  an  unexpired  term.  Now, 
within  my  remembrance,  more  than  one  in- 
stance has  occurred  in  California,  showing  the 
operation  of  a  constitutional  provision,  precise- 
ly like  this,  whereby  a  judge,  having  been  ap- 
pointed to  supply  an  unexpired  term,  the  Legis- 
lature having  in  the  meantime  reduced  the  sal- 
ary, after  two  or  three  years  had  passed,  the 
Legislature  was  called  on  to  appropriate  the 
additional  amount.  I  would  desire  especially 
to  secure  the  attention  of  legal  gentlemen  to 
this  portion  of  my  remarks,  as  in  my  own  opin- 
ion, at  least,  it  is  a  matter  worthy  of  consider- 
ation. 

I  was  remarking  that  I  have  knowledge  of 
more  than  one  instance  in  California  wherein 
the  operation  of  the  same  constitutional  pro- 
vision had  such  an  effect.  Appointments  were 
made  to  the  Supreme  bench,  and  I  believe  in 
one  instance  to  the  bench  of  the  District  Court, 
after  the  Legislature  had  reduced  the  salary,  a 


^30 


JUDICIAL  DEPARTMENT. 


[19th  day. 


Monday,] 


DeLong — Johnson. 


[July  25. 


vacancy  occurring  by  the  death  of  the  incum- 
bent, in  one  instance,  and  by  resignation  in 
another.  The  persons  so  appointed  entered 
upon  their  duties  with  the  expectation  of  be- 
ing paid  tlic  reduced  salary,  and  certainly  not 
reasonably  contemplating  any  increase  of  sal- 
ary, to  the  amount  specified  l)y  the  law  which 
was  in  force  attecting  their  predecessors.  But 
affter  the  lapse  of  some  time,  it  was  discovered 
that  under  this  constitutional  provision  there 
was  a  question  as  to  the  power  of  the  Legisla- 
ture to  reduce  the  salary,  not  only  during  the 
incumbency  of  their  predecessors,  but  during 
the  entire  term  for  which  such  predecessor  had 
been  elected.  The  matter  became  a  subject  of 
judicial  inquiry,  and  the  result  was  that  after 
the  lapse  of  two  or  three  years  the  Legislature 
was  called  upon  to  make  appropriations,  and 
did  so  make  them,  to  the  amount  of  several 
thousand  dollars  which  amount  was  paid  by 
the  State,  in  addition  to  the  salary  as  fixed  by 
law.  Notwithstanding  that  they  had  accepted 
office,  expecting  to  receive  only  this  reduced 
compensation,  yet  in  consequence  of  the  lan- 
guage of  this  provision — "during  the  term  for 
M-hich  they  shall  have  been  elected  " — it  was 
held  that  it  not  only  related  back,  but  applied 
as  well  to  the  person  serving  the  residue  of  the 
term,  giving  to  such  the  higher  rate  of  com- 
pensation. 

Mr.  DeLONG.     That  is  good  law,  is  it  not? 

Mr.  JOHNSON.  Yes.  sir  ;  but  it  is  very  bad 
policy.  I  do  not  at  all  question  the  correctness 
of  the  decision,  but  I  say  the  policy  is  most 
questionable.  Suppose  a  person  who  is  elected 
serves  but  a  part  of  the  term,  say  within  three 
or  four  years,  and  then  dies  or  resigns,  the  Leg- 
islature in  the  meantime  having  seen  proper  to 
reduce  the  salary,  to  take  effect  after  he  shall 
have  vacated  the  office,  by  any  of  the  modes 
recognized  by  the  Constitution  '!  That  reduc- 
tion cannot  affect  the  person  who  is  in  the  office 
at  the  time  the  compensation  is  fixed  by  law,  but 
the  person  elected  or  appointed  to  fill  the  va- 
cancy, after  the  lower  rate  of  compensation  has 
been  established,  should  properly  be  affected  by 
it,  because  then  the  reason  of  the  rule  ceases 
to  exist.  The  idea  is,  that  when  a  person  has 
been  elected,  he  shall  not  be  subject  to  the  con- 
trol of  the  Legislature,  as  he  would  be  if  that 
body  had  power  to  rednce  his  salary,  but  that 
when  he  enters  upon  his  office  he  shall  be  as- 
sured of  receiving  the  fixed  sahiry  for  the  full 
term,  if  he  shall  so  long  remain  in  office.  The 
provision  is  a  proper  one,  therefore,  as  to  the 
person  when  so  elected,  but  it  should  cease  to 
operate  when  another  accepts  the  office  with  full 
knowledge  of  any  reduction  which  may  have 
been  made.  For  this  reason  I  would  like  to 
have  the  language  varied  so  that  the  restriction 
shall  not  api)ly  in  case  of  a  vacancy. 

Mr.  DkLONG.  We  can  put  in  a  qualifica- 
tion by  adding  "  unless  in  case  of  a  va- 
cancy." 

Mr.  JOHNSON.  I  am  informed  by  the  Chair- 
man of  the  Judiciary  Committee  that  the  subject 


was  discussed  in  that  committee,  and  while  it 
was  conceded  that  the  question  had  been  raised 
in  California,  it  was  thought,  nevertheless,  that 
the  restriction  would  not  apply  in  case  of  a 
judge  being  appointed  to  fill  a  vacancy.  But, 
sir,  that  is  a  question  which  has  already  been 
adjudicated  in  California,  and  when  we  adopt 
the  language  of  the  California  Constitution  we 
necessarily  adopt  with  it  the  legal  interpreta- 
tion that  has  been  given  to  that  language  in 
California  ;  and  this  is  but  an  additional  rea- 
son why  I  think  it  is  exceedingly  important  to 
have  the  language  of  the  section  so  far  modi- 
fied as  to  prevent  our  Legislature  from  pay- 
ing such  additional  sums.  In  the  three  in- 
stances to  which  I  have  adverted,  in  California 
— one  in  a  District  Court,  and  two  in  the  Su- 
preme Court — the  additional  sums  which  were 
paid  to  the  judges  amounted  to  not  less  than 
ten  or  fifteen  thousand  dollars ;  and  the  effect 
of  the  adjudication  may  have  been  to  cause 
even  larger  sums  to  be  paid,  in  other  instances, 
which  were  not  legally  investigated.  I  have 
prepared  no  amendment  to  cover  the  matter, 
because  I  preferred  first  to  present  my  own 
views  on  the  subject,  and  to  obtain  the  sense  of 
the  Convention  as  to  whether  or  not  it  is  advis- 
able to  so  amend  the  section  as  to  obviate  the 
possible  contingency  of  such  a  result. 

Mr.  DeLONG.  If  the  gentleman  will  read 
the  clause  again,  I  think  we  can  very  readily 
agree  upon  an  amendment. 

The  SECRETARY  again  read  the  first  clause 
of  Section  15. 

Mr.  DeLONG.  I  will  suggest  that  we  add, 
after  "  elected,"  the  words  : 

"Unless  a  vacancy  occur,  iu  which  case  his  successor 
shall  receive  such  coiupeusatiou  as  may  be  established 
by  law  at  the  time." 

Mr.  JOHNSON.  I  will  suggest  this  as  being 
sufficient  to  meet  the  difficulty  : 

"Provided,  that  auy  person  elected  or  appointed  to 
fill  au  uuexijired  term  shall  receive  such  compensatioa 
as  may  be  provided  by  law  at  the  time  when  such  per- 
son shall  have  entered  uiJon  the  duties  of  liis  office." 

Mr.  DeLONG.  The  only  objection  I  have  to 
that  amendment  is,  that  the  appointment  may 
be  made  on  one  day,  and  a  law  fixing  the  salary 
at  a  certain  sum  may  be  passed  by  the  Legisla- 
ture on  the  following,  or  some  subsequent  day. 
For  instance,  a  vacancy  might  occur  on  the 
Supreme  bench  just  previous  to  the  meeting  of 
the  Legislature,  by  the  death  of  one  of  the 
judges  elected,  perhaps.  Then  the  appointment 
is  made,  but  the  man  does  not  enter  immediately 
upon  the  di.'icharge  of  his  duties,  and  in  the 
meantime  the  Legislature  may  meet  and  pass  a 
bill  changing  the  salary  of  the  office.  In  that 
case  injustice  might  lie  done  to  the  person  ap- 
pointed. He  accepts  the  office  at  a  certain  fixed 
salary,  but  before  the  time  when  he  enters  upon 
the  duties  of  the  office,  the  Legislature,  being 
dissatiisfied,  possibly,  with  the  appointment, 
changes  the  salary. 

Now  I  have  drawn  my  amendment  in  writing, 
and  will  read  it  for  the  information  of  the  Con- 


loth  day.] 


JUDICIAL  DEPARTMENT. 


731 


Monday,] 


Johnson — DeLong — McClinton. 


[July  25. 


vention.    I  propof?e  to  insert  after  the  the  word 
"  elected,"'  the  following  : 

"Uuless  in  case  a  vacaiu'v  occurs,  iu  wliich  case  the 
successor  of  the  I'oniier  iiunimbeut  shall  only  receive 
such  salary  as  may  be  i)riivided  by  law  at  the  tiuii^  of 
his  election  or  aijpointmeut." 

Mr.  JOHNSON.  I  do  not  perceive  the  dif- 
ference. 

Mr.  DeLONG.  The  difference  is  this.  The 
amendment  suggested  by  the  gentleman  from 
Ormsliy  provides  that  the  compensation  shall 
be  as  fixed  by  law  when  the  person  elected  or 
appointed  enters  upon  his  duties,  while  mine 
says  his  salary  shall  be  as  may  be  provided  by 
law  at  the  time  of  his  election  or  appointment. 

Mr.  JOHNSON.  He  enters  upon  his  duties 
when  he  takes  the  oath  of  office. 

Mr.  DeL  ONG.  I  know  ;  but  that  may  not  be 
until  some  time  after  his  election  or  appoint- 
ment. 

The  PRESIDENT  iwo  tern.  The  election  takes 
place  in  November,  and  there  is  a  matter  of 
two  months  interval  between  that  time  and  the 
meeting  of  the  Legislature. 

Mr.  DeLONG.  Suppose  the  man  elected  or 
appointed  should  be  out  of  the  State  at  the 
time?  It  might  be  two  months,  or  more,  before 
he  would  enter  on  the  duties  of  the  office. 

Mr.  JOHNSON.  Then  he  knows,  before  he 
goes  into  office,  precisely  what  the  compensation 
is  to  be.  But  the  practical  objection  raised  by 
the  gentleman  from  Storey,  I  conceive,  cannot 
exist.  I  have  no  objection  whatever  to  provid- 
ing that  he  shall  take  the  place  at  the  salary 
provided  at  the  time  he  is  elected  or  appointed, 
but,  according  to  my  own  experience  and  ob- 
servation, scarcely  ever  more  than  forty-eight 
hours  exijires  after  a  man  receives  his  commis- 
sion before  he  enters  upon  the  duties  of  the  of- 
fice. I  have  appointed  two  Judges  of  the  Su- 
preme Court  of  California,  and  I  know  that 
each  of  them  entered  upon  the  discharge  of  his 
duties  within  an  hour  after  being  commissioned. 

Mr.  DeLONG.  I  believe  the  term  com- 
mences in  January.  Suppose,  now,  that  a  man 
is  elected  judge  at  the  November  election,  but 
vacates  the  office  by  death  or  otherwise,  and 
another  person,  who  is  appointed  to  fill  the 
vacancy,  is  delayed  by  some  cause  which  pre- 
vents him  from  entering  upon  his  duties  till 
some  time  after  the  commencement  of  the  term. 
Under  the  amendment  suggested  by  the  gentle- 
man from  Ormsby,  could  not  the  Legislature  in 
the  meantime  meet  and  change  the  salary  ? 

Mr.  JOHNSON.  The  contingency  is  rather 
remote,  but  as  I  do  not  see  any  essential  differ- 
ence, I  am  willing  to  accept  the  amendment 
proposed  by  the  gentleman  from  Storey. 

Mr.  DeLONG.  If  there  is  no  essential  dif- 
ference, I  will  withdraw  my  amendment. 

Mr.  JOHNSON.  I  say  I  am  willing  to  ac- 
cept the  gentleman's  amendment ;  I  withdraw 
mine. 

The  PRESIDENT  pro  iem.  The  Secretary 
will  read  the  amendment  offered  by  the  gentle- 
man from  Storey. 

Mr.  DeLONG.    I  will  withdraw  it. 


Mr.  JOHNSON.  No;  I  have  withdrawn 
mine.  I  conceive  that  there  is  no  essential  dif- 
ference, and  I  am  sure  the  gentleman  from 
Storey  desires  to  accomplish  the  same  end  that 
I  do.  Besides,  his  amendment  is  sliorter,  whilst 
it  attains  the  same  result,  and  tlu-refore  if  he 
will  move  it  as  an  amendment.  1  will  second 
it ;  or  he  may  move,  if  necessary,  to  recommit 
with  instructions  to  make  the  amendment. 

Mr.  DeLONG.  Let  us  hear  tlie  section  read, 
with  the  amendment,  so  that  we  may  judge  of 
its  grammatical  construction. 

The  SECRETARY  read  the  section,  as  pro- 
posed to  be  amended,  as  follows : 

Sec.  15.  The  Justices  of  the  Supreme  Court  and 
District  Judges,  shall  each  receive  quarterly  for  their 
services  a  compensation  to  bo  fixi'd  by  the  liCgislature, 
and  which  shall  not  be  increased  or  diniinished  during 
the  term  for  which  they  shall  have  been  ehctcd.  unless 
in  case  a  vacancy  occurs,  in  which  case  the  successor 
of  the  former  incumbent  shall  only  receive  such  sal- 
ary as  may  be  provided  by  law  at  the  time  of  his  elec- 
tion or  appointment.  And  the  Legislature  shall  pro- 
vide for  setting  apart  from  each  year's  revenue  a 
sufficient  amount  of  money  to  pay  such  compensation. 
Provided,  that  District  Judges  shall  be  paid  out  of  the 
county  treasuries  of  the  counties  composing  their  re- 
spective districts. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  DeLong,  and  it  was  agreed  to 
by  unanimous  consent. 

Mr.  DeLONG.  Now  I  call  attention  again 
to  the  amendment  suggested  by  the  gentleman 
from  Esmeralda,  (Mr.  McClinton.)  to  strike  out 
the  words  "  the  Legislature,"  and  insert  instead 
the  word  "  law,"  in  the  first  clause.  The 
point  is,  that  it  is  not  the  Legislature  alone, 
but  the  Legislature  and  the  Governor  together, 
who  make  the  laws.  The  Legislature  might 
pass  an  act  to  fix  the  compensation  of  the 
judges,  and  then  the  Governor  refuse  to  sign 
the  bill,  but  still  it  might  be  claimed  that  the 
compensation  had  been  established,  because  the 
language  of  the  Constitution  is,  "  a  compensa- 
tion to  be  fixed  by  the  Legislature."'  Now  let 
us  avoid  any  confusion  and  difficulty  of  that 
kind  by  substituting  the  word  "  law." 

Mr.  JOHNSON.  I  hope  we  shall  adopt  the 
amendment ;  we  have  pursued  the  same  course 
two  or  three  times  to-day.  making  an  obvious 
distinction  between  "  the  Legislature  "'  and  the 
•'  law." 

Mr.  DeLONG.  I  move,  as  an  amendment,  to 
strike  out  "the  Legislature,"'  and  insert  the 
word  "  law." 

Mr.  McCLINTON.  I  am  very  glad  indeed  to 
find  that  at  last  my  idea  is  seconded  by  two  of 
the  ablest  members  on  the  floor,  and  the  best 
versed  in  legal  lore.  I  oflered  this  same  amend- 
ment a  short  time  since,  with  the  view  of  mak- 
ing the  whole  instrument  harmonious,  and  for 
the  very  reason  assigned  by  the  gentleman 
from  Ormsby,  (Mr.  Johnson.)  because  we  have 
adopted  and  followed  out  that  rule  from  the 
beginning  of  our  labors  in  framing  this  instru- 
ment, and  this,  it  seemed  to  me,  would  be  the 
only  exception  to  that  rule.  I  wanted  it  all  to 
read  alike,  and  hence  I  moved  to  amend  this 


732 


JUDICIAL  DEPARTMENT. 


[19th  day. 


Monday,]        Johnson — Frizell — Chapin — Dunne— McClinton — DeLong — Banks.         [July  25. 


section  so  as  to  be  in  conformity  with  the  bal- 
ance of  the  Constitution.  I  presented  the  best 
arguments  I  could  in  favor  of  the  amendment, 
during  the  short  time  allowed  me.  I  could  see 
the  point  very  well,  but  I  failed  to  make  others 
see  it.  and  consequently  I  believe  nobody  but 
myself  voted  for  the  amendment.  I  hope,  now 
that  I  liave  got  such  incontrovertible  authority 
on  my  side,  that  the  amendment  will  prevail. 

Mr!  JOHNSON.  The  only  apology  I  have  to 
offer  is,  that  I  was  at  the  time  busily  occupied 
with  another  matter,  or  I  certainly  should  have 
come  to  the  gentleman's  rescue. 

Mr.  FRIZELL.  If  I  opposed  the  gentle- 
man's amendment,  it  was  not  through  any  fac- 
tiousness on  my  part.  Inasmuch  as  the  word 
"  Legislature  "  is  used  twice  in  the  same  sec- 
tion, and  I  think  in  the  same  sense,  I  believed 
the  committee  must  have  had  good  and  suffi- 
cient reasons  for  it. 

Mr.  CHAPIN.  The  gentleman  from  Esmer- 
alda should  understand,  in  order  to  account 
for  the  defeat  of  his  amendment,  that  it  was 
opposed  by  the  gentleman  from  Gold  Hill, 
(Mr.  Frizell.)  and  he  is  in  full  moon  to-day. 
[Laughter.] 

The  amendment  offered  by  Mr.  DeLong  was 
adopted  by  unanimous  consent. 

Mr.  JOHNSON.  Now  I  call  attention  to  the 
language  which  occurs  immediately  following. 
It  says — "  and  the  Legislature  shall  provide  for 
setting  apart,"  etc.  I  think  it  should  read — 
"  provision  shall  be  made  by  law." 

Mr.  FRIZELL.  I  tell  the  gentleman  from 
Esmeralda  his  moon  is  full.     [Laughter.] 

Mr.  JOHNSON.  I  will  move  to  make  that 
amendment  in  the  following  clause — to  strike 
out  the  words  "  the  Legislature  shall  provide," 
and  insert  the  words  "  provision  shall  be  made 
by  law." 

Mr.  DUNNE.  I  hope  the  gentleman  is  not 
going  to  steal  the  thunder  of  the  gentleman 
from  Esmeralda. 

Mr.  McCLINTON.  I  am  willing  that  my 
friend  from  Ormsby  should  divide  the  honors 
with  me  on  this  amendment. 

Mr.  KINKEAD.  Who  takes  the  "  odd  trick? " 
[Merriment.] 

The  SECRETARY  read  the  section,  as  pro- 
posed to  be  amended. 

Mr.  DeLONG.  I  hope  the  gentleman  from 
Ormsby  will  pay  attention  to  the  reading. 

Mr.  JOHNSON.  I  have  heard  every  word 
that  has  been  read. 

The  PRESIDENT  J9TO  tern.  It  is  hoped  that 
gentlemen  of  the  legal  profession  especially 
will  give  their  attention. 

The  ■  section  was  again  read,  with  the  pro- 
posed amendment. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

municipal  courts. 

Mr.  BANKS.  I  would  inquire  of  gentlemen 
whether  in  Section  12,  as  numbered  in  the 
printed  copy  of  the  article,  (Section  9  as  re- 


numbered,) the  words  "by  law"  have  been 
inserted.  It  says — "  the  Legislature  shall  pre- 
scribe the  powers,  duties,  and  responsibilities 
of  any  municipal  court,"  etc.  That  is  the  same 
kind  of  a  case,  and  I  move  to  amend  by  insert- 
ing after  "  Legislature,"  the  words  "  by  law." 

Mr.  DeLONG.  I  do  not  like  the  reading  of 
that.  It  would  be  better  to  say  their  "  powers, 
duties,  and  responsibilities  shall  be  prescribed 
by  law." 

Mr.  BANKS.  Very  well ;  I  have  no  objec- 
tion. If  the  words  '•  by  law"  are  inserted  after 
"  prescribe."  however,  it  will  read  very  well — 
"  the  Legislature  shall  prescribe  by  law  the 
powers,  duties,"  etc. 

Mr.  McCLINTON.  If  I  understand  it  cor- 
rectly, whenever  the  Legislature  prescribes 
anything,  it  is  "  prescribed  by  law,"  and  there- 
fore it  seems  to  me  that  the  words  "  by  law  " 
are  superfluous,  because  before  it  can  be  pre- 
scribed it  must  have  the  signature  of  the  Gov- 
ernor, and  if  it  has  that  signature,  it  becomes 
a  law  :  so  that  "  by  law"  is  entirely  superflous. 

Mr.  BANKS.  If  there  was  any  virtue  at  all 
in  the  other  amendments  which  have  been 
made,  (and  I  do  not  really  believe  there  was 
so  much  as  some  gentlemen  claimed,)  I  think 
there  is  also  virtue  in  this  ;  because  the  Legis- 
lature might  prescribe  by  resolution,  just  as  it 
may  establish  rules  for  its  own  government, 
upon  a  mere  motion.  But  having  changed  the 
phraseology  in  those  other  cases,  I  maintain 
that  by  very  strong  implication  we  are  required 
to  do  the  same  thing  in  this  case. 

Mr.  DeLONG.  I  think  it  would  render  the 
section  more  harmonious  to  say,  "provision 
shall  be  made  by  law,  prescribing  the  powers, 
duties,"  etc. 

Mr.  BANKS.  I  have  no  objection,  if  the  gen- 
tleman will  write  out  his  amendment. 

Mr.  DeLONG.  The  Secretary  can  get  it 
down  in  half  a  minute.  I  do  not  like  to  do  so 
much  work  for  nothing.     [Merriment.] 

The  SECRETARY  (after  consulting  with 
Mr.  DeLong.)  The  amendment  is  to  strike  out, 
in  the  first  line,  the  words,  "  the  Legislature 
sliall  prescribe,"  and  insert  in  lieu  thereof,  "pro- 
vision shall  be  made  by  law  prescribing  ;"  also, 
to  strike  out  the  words  "  shall  so  fix,"  and  in- 


sert instead  the  words  "  also  fixing 


also,  to 


insert  after  "  said  court,"  the  word  "so."    The 
section  would  then  read  as  follows  : 

Sec.  9.  Provision  shall  be  made  by  law  prescribing 
the  powers,  duties,  and  respousibilitios  of  any  Muni- 
cipal Court  that  may  be  estabUslicd  in  pursuance  of 
Section  1  of  this  article,  and  also  fixing  by  law  the 
jnrisdi(-tion  of  said  court,  so  as  not  to  conflict  with  that 
of  the  several  Courts  of  Eecord." 

Mr.  BANKS.  "  Provision  prescribing,"  sounds 
very  ill.  I  think  the  gentleman  had  better  fall 
back  on  the  simple  insertion  of  the  words  "  by 
law." 

Mr.  JOHNSON.  I  think  that  would  fully 
cover  it. 

Mr.  BANKS.  I  will  move  to  amend,  so  as  to 
read,  "  the  Legislature  shall  prescribe  by  law 


19th  day.] 


JUDICIAL  DEPARTMENT. 


733 


Monday,] 


DeLong— Banks— Chapin—Bkosnan—McClinton— Johnson. 


[July  25. 


the  powers,  duties,"  aud  so  on.  Then  the  sec- 
tion will  require  no  further  amendment. 

The  PRESIDENT  pro  tern.  Does  the  gentle- 
man from  Storey  withdraw  his  amendment? 

Mr.  DeLONG.     By  no  means. 

The  question  was  taken  on  Mr.  Banks'  amend- 
ment, to  insert  '•  by  law,"  after  the  word  "  pre- 
scribed,'' and  it  was  agreed  to  by  unanimous 
consent. 

The  PRESIDEXT  pro  tern.  The  question  re- 
curs on  the  amendment  of  the  gentleman  from 
Storey,  (Mr.  DeLong,)  as  now  amended. 

Mr.  DeLONG.  I  would  withdraw  my  amend- 
ment if  I  could  get  it  out  now  without  with- 
drawing also  the  amendment  of  the  gentleman 
from  Humboldt,  but  I  do  not  wish  to  take  them 
both  out. 

Mr.  BANKS.     It  is  not  material. 

The  amendment  oflfered  by  Mr.  DeLong  was 
agreed  to  by  unanimous  consent. 

JUSTICES   OF   THE    PEACE. 

Mr.  CHAPIN.  Now  I  ask  for  the  reading  of 
Section  8. 

The  SECRETARY  read  Section  8.  as  hereto- 
fore amended. 

Mr.  BROSNAN.  I  suggest  that  we  insert, 
after  '•  Justices  of  the  Peace,"  the  words  "  by 
law."     [Laughter.] 

The  PRESIDENT  pro  tern.  Is  there  any  ob- 
jection ? 

Mr.  BROSNAN.  I  only  offered  that  amend- 
ment jocularly,  because  I  see  no  force  in  some 
of  the  amendments  which  have  been  made.  I 
do  not  wish,  however,  to  appear  on  the  record 
as  idling,  and  I  withdraw  it. 

Mr.  McCLINTOX.  The  Convention  has  not 
only  stolen  my  sparrow,  but  is  actually  trying 
to  make  an  eagle  of  it. 

SPECIAL   COURT   FEES. 

Section  16  was  read,  as  follows : 

Sec.  16.  The  Legislature,  at  its  first  session,  shall 
prescribe  that  upon  the  institution  of  each  action,  and 
other  proceeding,  and  also  upon  the  perfecting  of  an 
appeal  in  any  action  or  ijroceeding  in  the  several  Courts 
of  Record  in  this  State,  a  special  coiu-t  fee  or  tax,  to  be 
fixed  by  law,  shall  be  advanced  to  the  clerks  of  said 
courts  respectively,  by  the  party  or  parties  bringing 
such  action  or  proceeding,  or  taking  such  appeal;  and 
the  money  so  paid  in  shall  be  accoimted  for  by  such 
clerks,  and  applied  towards  the  payment  of  the  com- 
pensation of  the  judges  of  said  courts,  as  shall  be  di- 
rected by  law. 

Mr.  JOHNSON.  I  propose  to  strike  out  the 
word  "shall,"  in  the  first  sentence,  and  ins(!rt 
the  word  "may"  in  its  stead.  To  my  mind 
there  is  an  obvious  distinction  in  the  use  of 
those  words,  and  certainly  there  is  in  the  sense 
in  which  ihe  word  "shall"  is  here  used.  I  am 
perfectly  willing  to  invest  the  Legislature  with 
authority  to  provide  for  a  court  fee,  but  at  the 
same  time  I  cannot  consent  to  make  it  a  man- 
datory requirement.  I  will  therefore  move,  if 
there  be  objection,  to  refer  the  section  to  a  spe- 
cial committee,  with  instructions  to  strike  out 
"shall,"  and  insert  "may." 

I  know  not,  sir,  neither  do  I  care,  whether 


there  does  or  does  not  e.xist,  ordinarily,  any  legal 
distinction  between  those  words,  lor  1  am  satis- 
fied that  the  word  "  shall,"  in  the  connection  in 
which  it  is  here  used,  becomes  mandatory,  whilst 
the  word  "  may  "  would  only  be  directory.  Tiie 
point  at  issue  is  simply  this — and  it  will  be  re- 
membered that  I  have  heretofore  had  occasion 
to  give  e.x-pression  to  my  views  relative  to  this 
matter — that  we  do  not  want,  or,  certainly,  I 
do  not,  to  compel  the  Legislature  to  place 
every  man,  be  his  circumstances  what  they 
may,  under  the  necessity,  when  he  enters  a 
court  of  justice,  of  paying  more  money,  in  the 
way  of  co-sts,  than  he  is  required  to  pay  in 
other  States,  under  ordinary  circumstance.s — 
that  is,  more  than  the  ordinary  fees  connected 
with  litigation. 

It  may  be  necessary,  in  the  first  few  years  of 
the  existence  of  our  State,  that  a  very  consid- 
erable fund  shall  be  derived  from  this  source, 
but  when  such  necessity  shall  no  longer  exist, 
I  do  not  want  to  compel  the  Legislature  to 
continue  the  tax.  I  have  no  doubt  that  the 
Legislature  will  recognize  the  necessity  of  im- 
posing the  tax  for  the  time  being,  and  act  ac- 
cordingly at  its  first  session.  It  will  unques- 
tionably make  ample  provision  for  such  a  fund, 
and  in  doing  so,  will  probably  impose  what,  in 
after  times,  would  be  considered  an  onerous  and 
oppressive  tax,  in  the  shape  of  court  or  docket 
fees.  But  when  that  tax  shall  have  done  its 
service,  and  shall  be  no  longer  required  as  a 
public  necessity,  I  am  unwilling  to  have  a  pro- 
vi?ion  in  the  Constitution  of  the  State  which 
will  prevent  the  Legislature  from  abolishing  it. 
It  is  a  measure  which,  in  my  judgment,  should 
only  be  resorted  to  in  case  of  extreme  necessi- 
ty ;  and  if  we  adopt  here  the  word  "  may," 
then,  as  I  have  already  said,  the  Legislature 
will  have  power,  when  the  pul)lic  necessity 
shall  have  ceased,  to  discontinue  the  tax.  1  re- 
gard such  a  tax  as  in  its  nature  most  burden- 
some, because  it  is  not  always  the  men  who  are 
most  abundantly  blessed  with  this  world's  goods 
who  are  called  upon  to  pay  it,  but,  on  the  con- 
trary, it  is  usually  those  who  are  but  little  able 
to  bear  it ;  and  if  we  are  going  to  derive  any 
considerable  income  from  such  a  source,  it  must 
be  by  imposing  an  exorbitant  tax.  I  therefore 
hope  that  the  section  will  be  recommitted,  with 
instructions  to  substitute  the  word  "may"  for 
"shall." 

Mr.  Belong,  in  the  first  place,  I  am  op- 
posed to  this  amendment,  because  if  we  substi- 
tute the  word  "  may,"  no  other  or  further 
language  being  used,  and  the  section  having 
reference  to  the  action  of  a  public  body.  I  do 
not  believe  it  will  make  a  particle  of  ditt'erence 
in  the  sense  ;  because  it  has  been  judicially  de- 
cided that  "may"  means  ■•shall,"  wiien  applied 
to  the  action  of  a  public  body,  relative  to  pub- 
lic attairs. 

But  I  have  another  reason.  I  believe  it  is 
best — and  not  only  best,  but  exactly  right — 
that  those  who  dance  shall  pay  the  fiddler  ;  in 
other  words,  that  those  who  go  to  law  shall 


734 


JUDICIAL  DEPARTMENT. 


[19th  day. 


Monday,] 


Johnson-— DeLoxo. 


[July  25. 


pay  the  expenses  of  adjudicatins  their  rights,  ■ 
and  not  a>k  that  a  part  of  their  burden  shall  be  j 
sustained  by  those  wiio  do  not  enter  at  all  into 
litigation.  Now  it  will  be.  and  is  already,  one 
argument  urged  against  the  change  from  the 
Ti-rritorial  to  the  State  form  of  government. 
that  our  courts  are  going  to  be  a  great  Inirdcii 
in  the  way  of  taxation  upon  the  people.  It  is 
paid  th.it  "they  are  very  generally  mouopolized 
bv  litigants  in  mining  cases,  nine-tenths  of 
whom  are  residents  of  Saa  Francisco,  or,  at 
any  rate,  non-residents  of  this  State ;  that 
whilst  they  monopolize  our  courts,  the  judge«, 
who  are  niuiutained  on  the  benches  at  high 
salaries,  are  to  be  paid  by  direct  taxation, 
wrung  from  the  people  of  this  State  ;  and  that 
tliose'who  are  asking  for  the  change,  and  wlio 
recjuire  the  .services  of  the  judges  and  courts, 
are  either  noii-re-^idents.  or  uou-tax-paying  resi- 
dents of  Nevada. 

Now.  sir.  when  I  go  before  the  people  of  the 
State  in  advocacy  ot  this  Constitution,  and  say 
to  them—"  Why.  gentlemen,  we  have  provided 
in  the  Constitution  that  a  docket  fee  may  be 
levied,  by  which  the  judges  will  be  paid  by 
those  who  are  eng:aged  in  litigating;''  1  do  not 
want  to  be  replied  to — '•  Yes,  but  you  say  it 
may  be  levied,  and  the  mining  interests  will  in- 
evitably control  the  Legislature,  and  prevent 
its  levying  such  a  tax,  so  that  after  all  we  shall 
have  it  to  pay."  I  prefer  to  say  '•  shall."  and 
then  we  can  go  before  the  people,  and  success- 
fully conil)at  arguments  of  the  character  I  have 
mentioned,  telling  the  people  that  under  the 
Constitution  we  have  framed,  tliis  docket  fee  is 
imperatively  re'iuired  to  be  imposed,  so  that 
th';  salaries  of  tlie  judges  will  be  paid  by  those 
who  have  the  services  of  the  Judges.  I  want 
to  deal  fairly  and  .squarely  with  tho.se  whom  I 
represent. 

And  in  answer  to  the  other  argument,  that  it 
might  be  policy  to  refjuire  such  a  tax  to  be  lev- 
icil  lor  tile  present,  whilst  the  resources  of  the 
State  are  limited,  and  that  the  time  m;iy  come 
when  the  necessity  will  not  exist,  I  have  to  say 
that  I  do  not  agree  with  that  view,  because  I 
believe  that  the  necessity  will  continue  to  exist 
as  long  as  courts  are  necessary,  ami  litigants 
go  into  them.  If  thi-  nece.ssity  ever  does  cease. 
howev(!r,  the  Legislature,  if  it  is  deemed  ex- 
pedient to  do  so,  can  reduce  tin;  fee  to  a  merely 
nominal  figure.  IJut,  sir.  it  is  always  right.  1 
do  not  care  if  we  establish  a  State  on  such  a 
prosperous  basis  that  the  taxes  recjuired  for  the 
su|)port  of  the  g<jvernuienl  will  be  at  the  low- 
est conceivable  hgure  ;  even  then  it  is  right 
that  those  who  go  to  law  shall  be  refpiireil  u> 
support  the  ollicers  of  the  law,  without  calling 
upon  those  who  never  resort  to  the  courts  ol 
justice.  It  is  always  right  in  principle,  and  I 
hope  we  shall  allow  thi;  language  to  ri'inain  as 
it  Is,  so  that  we  may  not  Ijc  dejirived  by  the 
Legislature  of  what  wu  have  sought  to  obtain, 
for  it  has  seemed  to  be  the  will,  at  least,  of  a 
large  majority  of  the  Judiciary  Committee,  if 
not  of  the  whole  Convention,  that  this  provi- 


sion shall  be  made,  so  that  the  judiciary  shall 
be  paid  be  the  litigants. 

Now  a  word  as  to  the  argument  relative  to 
the  hardship  upon  litigants  of  such  a  provision. 
He  must  be  a  very  poor  man  indeed,  or  a  very 
penurious  one,  who  is  cot  willing  to  pay  a  fee, 
say  of  ten  dollars,  upon  the  institution  of  his 
suit,  knowing  that  he  will  get  it  back  with 
other  costs,  if  his  ca.se  is  gained.  And  it  is  not 
much  to  require  a  man  to  pay,  after  he  has 
been  prosecuting  or  defending  a  bad  cause  for 
a  long  time,  and  so  consuming  the  time  of  pub- 
lic officers  at  the  public  expense.  And  I  trust 
that  under  such  a  provision  the  Legislature 
will  regulate  things  a  little  differently  from 
the  way  they  are  managed  at  present.  A  man 
who  now  goes  into  court,  and  wants  to  com- 
mence a  suit,  is  required  to  pay  down  a  certain 
sum  in  advance,  say  for  ordinary  cases,  fifteen, 
twenty,  or  thirty  dollars,  as  a  deposit  for  the 
clerk's  fees  ;  and  then  he  also  has  not  only  to 
pay  the  Sheriff  for  the  work  he  does,  but  also 
to  make  a  deposit  ahead.  Now  we  might  re- 
lieve litigants  a  little  Ijy  providing  that  they 
shall  only  pay  the  officers  as  fast  as  they  do 
the  work.  For  instance,  for  issuing  summons, 
one  dollar,  for  filing  complaint,  one  dollar, 
and  so  on.  Now  when  complaint  is  filed,  and 
summons  issued,  the  plaiutifl'  has  to  pay  the 
clerk  ten  dollars,  and  let  him  hold  the  remain- 
ing eight  dollars  until  the  case  is  determined, 
whether  the  other  side  make  any  defense  or 
not.  We  can  relieve  poor  litigants  from  this 
tax,  and  then,  if  they  are  reciuired  to  pay  the 
docket  fee,  they  will  nevertheless  not  be  called 
upon  to  pay  a  dollar  more,  at  the  commence- 
ment of  a  suit,  than  they  do  now.  In  that 
way  we  can  obtain  an  income,  from  this  source, 
for'the  payment  of  the  judges  salaries,  and  at 
the  same  "time  no  hard.ship  will  be  inflicted 
upon  poor  men. 

jMr.  JOHNSON.  If  the  gentleman  from 
Storey  be  correct  in  his  conclusions,  and  es- 
pecially in  his  enunciation  of  the  legal  propo- 
sition with  which  he  started  out  in  his  argu- 
ment, I  do  not  see  how  it  happens  that  he 
( opposes  this  amendment. 

Mr.  I)i:L()NG.  If  the  gentleman  will  allow 
me,  1  am  reminded  by  that  remark,  that  there 
I  is  one  i)oinl  upcni  wliicli  I  forgot  to  dwell.  I 
object  to  the  proposed  amendment  for  the  rea- 
!  sou  that  other  men  may  construe  it  ditt'erently 
\  from  my  own  construction.  The  reply  to  our 
arguments  on  the  stump  would  be  that  the  Leg- 
islature may  do  this,  and  it  may  not ;  that 
the  Convention  struck  out  'shall,''  because  it 
did  not  want  to  make  it  imperative.  Let  us 
leave  tliat  word,  and  then  people  will  know 
that  litigants  have  got  this  court  fee  to  pay. 
If  we  put  in  the  word  "  may,"  I  might  talk  an 
hour,  and  still  men  would  believe  that  the  pro- 
vision left  the  matter  at  the  discretion  of  the 
Legislature. 

Mr.  .JOHNSON.    The  gentleman,  then,  has 

but  little  confidence  in  his  own  judgment,  and 

I  very  properly  conceives  that   the   people  will 


19th  day.] 


JUDICIAL  DEPARTMENT. 


735 


Monday,] 


DeLong— Johnson — Banks — Chapin — Wetherill. 


[July  25. 


not  indorse  it  more  readily  than  he  himself 
does. 

Mr.  DeLONG.  I  see  a  striking  example  of 
that  now.     [Merriment.] 

Mr.  JOHNSON.  Yes,  and  if  the  gentleman 
will  refer  to  his  books — It  is  sometime,  I  appre- 
hend, since  he  consulted  them  much —  1  think  he 
will  find  a  more  authoritative  utterance  than 
mine  in  controversion  of  his  legal  proposition. 
I  believe  that  these  words  '•  shall ''  and  ••  may,'' 
have  a  different  meaning,  wiien  they  are 
used  in  this  connection  ;  and  perhaps  the  best 
argument  in  support  of  that  view,  is  to  be 
found  in  the  elaborate  effort  which  the  gentle- 
man from  Storey  has  made,  to  show,  for  reasons 
other  than  that  of  the  dissimilarity  of  those 
words,  the  necessity  for  the  retention  of  the 
word  '•  shall." 

The  gentleman  says  it  is  always  right  in  prin- 
ciple to  compel  those  who  go  to  law  to  pay 
the  expense  of  maintaining  the  officers  of  the  law. 
It  is  well  known,  sir,  that  but  few  men  resort 
to  the  courts  of  law  except  in  cases  of  extreme 
necessity.  When  they  cannot  obtain  in  any 
other  manner  what  they  regard  as  their  rights, 
then,  and  not  before,  do  they  invoke  the  law. 
And  it  is  not  solely  or  mainly,  as  the  gentleman 
suggests,  residents  of  California,  or  other  States, 
who  appear  as  parties  litigant  in  our  courts, 
but  they  are  our  own  citizens,  and  amongst 
them  many  of  the  poorer  classes,  men  who 
find  it  a  very  difficult  matter  indeed  to  raise 
the  funds  necessary  to  even  start  their  cases. 
independent  of  the  expense  of  protracted  liti- 
gation. Hence  I  do  not  want  to  leave  this 
provision  mandatory  upon  the  Legislature  for 
all  time.  I  desire  that  the  Legislature  shall  be 
clothed  with  this  power,  as  I  have  already  re- 
marked, so  long  as  the  public  good  shall  need 
it,  but  when  the  public  interest  no  longer  re- 
quires this  burden,  let  the  Legislature  be  em- 
powered to  remove  it. 

Again,  it  is  the  plaintiff,  prima  facie  in  the 
right,  who  is  to  be  subjected  to  the  proposed 
tax.  Though  he  may  have  been  wronged  never 
so  much,  he  is  obliged  nevertheless  to  bear  the 
burden  of  expense.  The  gentleman  tells  us  that 
he  can  get  it  back  in  his  bill  of  costs,  but  he  is 
aware  that,  though  the  plaintiff'  may  obtain 
judgment,  in  many  cases  he  fails  to  recover  a 
cent  of  costs,  or  otherwise.  I  discover  no  good 
reason  why  this  subject  should  be  placed  within 
the  category  of  mandatory  requirements,  whilst, 
on  the  other  hand,  i  see  ample  reasons  lor 
leaving  it  discretionary  with  the  Legisla- 
ture. 

I  care  not  what  may  have  been  the  past  ac- 
tion of  the  Committee  on  the  Judiciary,  or  of 
the  Convention,  on  this  matter.  That  is  not  a 
sufficient  reason  to  govern  my  vole  on  any 
important  question  ;  for  I  know  not  why  I 
should  bow  in  meek  humility  and  subserviency 
to  the  wishes  that  may,  or  may  not  have 
been  expressed  by  the  Convention  heretofore. 
This  article  has  now  reached  a  stage  where,  if 
we  desire  to  make  alterations,  we  can  only  do 


so  through  the  form  of  motion,  which  I  have 
made,  and  I  propose  to  avail  myself  of  the 
record,  in  order  to  give  the  gentleman  from 
Storey,  as  well  as  every  other  member,  the 
same  opportunity  which  I  seek  myself,  that  is, 
an  opportunity  of  vindicating  his  views  by  his 
vote  upon  the  proposed  amendment.  I  do  not 
expect  to  change  the  determination  of  the  ma- 
jority ;  I  am  actuated  by  no  such  motive  ;  but 
for  my  own  part,  I  would  infinitely  prefer  to  be 
with  the  minority  and  have  the  approval  of  my 
own  judgment,  than  to  be  with  the  majority 
and  yet  be  conscious  of  doing  wrong.  Enter- 
taining these  views,  I  move  that  the  section  be 
recommitted,  with  the  instructions  I  have  sub- 
mitted, and  at  a  proper  time  I  shall  call  for  the 
ayes  and  noes. 

Mr.  BANKS.  There  is  one  thing  which  I 
dislike  about  the  section  as  it  stands,  and  that 
is,  the  requirement  that  the  Legislature  '•  at  its 
first  session  "  shall  make  this  provision. 

Mr.  CHAPIN.  I  think  that  is  stricken  out.  I 
believe  I  made  the  motion  myself. 

The  SECRETARY.  It  reads,  as  engrossed  : 
••  the  Legislature,  at  its  first  session,  shall  pre- 
scribe," etc. 

Mr.  BANKS.  It  is  obvious  that  that  reading 
would,  by  pretty  clear  Implication,  prevent  the 
Legislature  from  changing  it  afterwards,  and 
I  suggest  that  we  might  insert  other  language 
which  would  enable  a  subsequent  Legislature 
to  modify  the  provision.  I  have  prepared  an 
amendment  to  strike  out  the  words  "at  its  first 
session,"  and  to  insert  after  "shall  prescribe," 
those  words,  "  by  law,"  which  have  been  so 
much  in  favor  here  to-night.  Then  it  would 
read :  "  The  Legislature  shall  prescribe  by 
law."  I  would  then  be  in  favor  of  a  further 
amendment  to  allow  the  Legislature  to  change 
i  the  amount  of  the  prescribed  fee. 

Mr.  DeLONG.  I  do  not  think  there  can  be 
any  doubt  about  the  right  of  the  Legislature 
to  regulate  the  matter ;  any  subsequent  Legis- 
lature could  repeal  or  modify  the  act. 

Mr.  WETHERILL.  If  those  words  are  strick- 
en out,  as  proposed  by  the  gentleman  from 
Humboldt,  (Mr.  Banks.)  the  whole  force  and 
virtue  of  the  clause  is  lost.  We  need  this  tax 
at  the  outset.  After  a  while,  as  the  gentleman 
from  Ormsby  (Mr.  Johnson)  suggests,  we  may 
not  need  it ;  but  at  the  outset,  while  our  finan- 
cial affairs  are  in  a  crippled  condition,  it  is  a 
matter  of  necessity.  Therefore,  if  those  words 
are  stricken  out,  the  whole  virtue  of  the  pro- 
vision is  gone. 

Mr.  CHAPIN.  I  hope  the  amendment  to 
strike  out  the  word  "  shall  "  and  insert  "  may  " 
will  not  prevail.  There  is  no  doubt  that  we 
need  such  a  tax.  and  need  it  now,  and  it  will 
unquestionably  be  provided  for  at  the  first  ses- 
sion of  the  Legislature,  if  we  give  the  neces- 
sary authority.  And  gentlemen  need  not  flat- 
ter themselves  that  the  word  •'  may  "'  would  be 
construed  as  having  the  same  meaning  as  the 
word  "  shall,"  especially  after  the  direct  and 
positive    assertions    of   the    gentleman    from 


736 


JUDICIAL  DEPARTMENT. 


[19th  day. 


Monday,]      DeLoxg — Chapin— Frizell— McClinton — Banks— Johnson— Kennedy.     [July  25. 


Ormsby,  (Mr.  Johnson.)  which,  of  course,  go 
upon  the  record  of  our  debates. 

Mr.  DeLONG.  But  there  have  been  asser- 
tions to  the  contrary. 

Mr.  CHAPIN.  Exactly.  My  friend  and  col- 
league seems  to  insist  that  the  words  are  the 
same  in  meaning,  but  the  motion  of  the  gentle- 
man from  Ormsby,  and  the  reasons  which  he 
gives  for  making  that  motion,  go  upon  the  rec- 
ord of  the  debates  and  proceedings  of  the  Con- 
vention, and  when  they  are  referred  to  it  will 
settle  the  whole  thing.  He  says  he  makes  the 
motion  because  he  wishes  to  leave  it  to  the  dis- 
cretion of  the  Legislature,  and  if  we  adopt  the 
amendment  it  will  stand  with  that  interpreta- 
tion. I  hope  we  shall  allow  the  section  to 
remain  as  it  is. 

Mr.  FRIZELL.  I  find  that  in  framing  a 
State  Constitution,  as  in  other  matters,  the  best 
of  men  will  sometimes  get  into  a  certain  situa- 
tion. Now,  Mr.  President,  it  is  perfectly  plain 
to  my  mind,  and  I  have  no  doubt  that  it  is  the 
sense  and  feeling  of  this  Convention,  that  there 
should  be  placed  in  the  hands  of  the  Legisla- 
ture, power  to  regulate  this  matter  in  the  future. 
That  is  certainly  my  own  desiie.  But  here 
comes  up  another  question.  You,  Mr.  Presi- 
dent, and  gentlemen  of  the  Convention,  will 
recollect  that  there  is  a  section  in  this  article 
of  our  Constitution,  already  adopted,  which 
declares  that  the  District  Judges  shall  be  paid 
out  of  the  county  treasuries  of  the  counties 
composing  their  respective  districts.  That  is 
one  of  the  features  of  our  Constitution  which 
has  been  determined  upon,  and  no  doubt  it  is 
an  eminently  proper  one.  Then  this  provision 
comes  in  as  something  new — in  addition  or  sup- 
plementary to  that — and  in  our  present  finan- 
cial condition,  it  appears  to  me  that  this  word 
"  shall  "  ought  to  be  retained.  Nevertheless, 
as  the  State  progresses,  it  may  become  unnec- 
essary in  the  future,  and  I  agree  perfectly  with 
the  views  of  the  gentleman  from  Ormsby  (Mr. 
Johnson)  on  that  point.  But  this  question  of 
the  judges  being  paid  out  of  the  respective 
county  treasuries,  is  something  which  has  not 
heretofore  been  touched  upon  in  the  arguments 
which  have  been  presented. 

Mr.  DeLONG.  What  difference  does  that 
make  ? 

Mr.  FRIZELL.  I  think  it  makes  a  good  deal 
of  difference.  I  am  not  willing  to  be  taxed  in 
Storey  County  to  pay  tliree  District  Court 
Judges,  because  I  opposed  that  proposition 
from  its  inception,  believing  that  two  would  be 
enough.  Looking  at  the  Constitution  as  a 
whole,  upon  all  its  parts,  and  all  its  bearings, 
I  should  like  to  place  this  matter  of  a  court  fee 
in  the  hands  of  the  Legislature,  so  that  it  may 
be  modified  in  the  future,  as  occasion  may 
arise,  or  even  abolished  if  deemed  expedient. 
And  yet,  at  the  same  time,  if  we  do  that,  I 
know  what  the  people  will  say.  They  will  tell 
us  that  we  have  foisted  upon  them  these  judges, 
and  that  they  will  be  compelled  to  support 
them  out  of  the  county  treasuries.    They  do 


not  object  to  having  judges,  but  they  do  not 
want  to  be  taxed  for  the  payment  of  their  sal- 
aries. 

Mr.  McCLINTON.  I  hope  the  word  "  shall  " 
will  be  retained,  and  I  think  the  argument  of 
my  friend  from  Storey  (Mr.  DeLong)  is  suffi- 
ciently forcible  to  convince  a  majority  of  the 
members  of  this  Convention  that  it  should  be 
retained,  and  also,  that  it  will  not  work  a  hard- 
ship to  parties  litigant,  whether  they  be  rich  or 
poor.  The  Legislature  will  certainly  have  con- 
trol of  the  matter,  to  the  extent  of  fixing  the 
amount  of  the  fee  to  be  paid  by  the  plaintiff, 
before  commencing  his  suit  in  any  court.  Sup- 
pose that  at  the  first  se-ssion  the  Legislature 
fixes  the  fee  in  the  District  Courts  at  ten  dol- 
lars, and  the  next  year,  or  two  years  afterwards, 
it  is  found  that  a  fee  of  five  dollars  will  be  am- 
ple ;  in  that  case  the  Legislature  would  have  a 
perfect  right  to  reduce  the  fee  from  ten  to  five 
dollars.  And  if  the  next  year  following  it 
should  be  found  that  two  dollars  and  a  half 
would  suffice,  the  Legislature  could  make  a 
further  reduction  to  that  figure  ;  and  so  on  till 
the  fee  would  practically  amount  to  nothing — 
a  fee  of  twenty-five  cents,  if  you  please.  I  be- 
lieve that  under  this  section,  as  it  stands,  the 
Legislature  would  pursue  that  course.  If  it  finds 
that  a  fee  of  ten  dollars  is  quite  unnecessary, 
it  will  fix  a  lower  sum.  It  is  not  to  be  sup- 
posed that  the  members  of  the  Legislature  will 
be  such  monsters  as  to  glory  in  human  misery, 
or  that  they  are  going  to  tax  the  people  for 
the  fun  of  so  doing.  I  do  not  attribute  such 
motives  to  those  gentlemen  who  are  to  be  our 
legislators  in  the  future. 

As  to  the  amendment  which  has  been  pro- 
posed by  the  gentleman  from  Humboldt,  (Mr. 
Banks,)  I  desire  to  offer  a  substitute  whicli  I  am 
satisfied  he  will  accept.  I  propose  to  amend 
the  first  clause  so  as  to  read :  '■  The  Legisla- 
ture, at  its  first  session,  and  from  time  to  time 
thereafter,  shall  prescribe,"  etc. 

Mr.  BANKS.  I  accept  the  amendment,  and 
will  suggest  to  the  gentleman  that  he  send  it 
up  in  writing. 

Mr.  JOHNSON.  I  do  not  want  these  ques- 
tions mixed.  If  the  Convention  desire  to  take 
a  vote  on  the  gentleman's  amendment,  I  have 
no  objection,  because  my  amendment  will  ap- 
ply just  as  well  afterwards,  whether  his  be 
adopted  or  rejected.  I  object,  however,  to 
confounding  two  propositions,  which  in  fact 
are  entirely  distinct. 

Mr.  McCLINTON.  I  will  withdraw  the 
I  amendment  for  the  present,  with  the  consent 
of  the  gentleman  from  Humboldt,  and  let  the 
,  question  be  first  taken  on  the  amendment  offer- 
ed by  the  gentleman  from  Ormsbv. 

Mr.  BANKS.     Very  well. 

Mr.  DeLONG.  I  wish  to  say  merely  a  word 
more. 

I     Mr.  KENNEDY.     Time ! 
[     Mr.  DeLONG.     No,  sir  ;  I  was  watching  the 
clock  when  I  spoke  before,  and  had  a  minute 
I  left.    Besides,  the  gentleman  has  interrupted 


19th  day.] 


JUDICIAL  DEPARTMENT. 


737 


Monday,] 


Hawley—DeLong—Wetherill— Mason— Johnson— Collins. 


[July  25. 


me  a  miaute  more,  and  that  makes  two  min- 
utes.    [Laughter.] 

I  did  not  wish  to  question  the  motives  of  the 
gentleraau  from  Oruisby,  (Mr.  Johnson.)  when 
I  said  that  a  large  proportion  of  the  Convention 
seemed  to  be  in  favor  of  the  section  as  it 
stands.  I  did  not  desire  to  bolster  up  my  side 
by  that  statement,  nor  to  intimate  that  the  gen- 
tleman from  Ormsby  had  not  a  right  to  insist, 
even  if  every  member  of  the  Convention  were 
against  him,  upon  taking  the  vote  on  his 
amendment.     I  had  no  such  meaning  as  that. 

And  so  far  as  the  relative  meaning  of  the 
words  "may"  and  "shall"  are  concerned,  I 
have  only  to  reply  to  the  remarks  of  the  gen- 
tlemxn  from  Ormsby,  that  I  was  recently  en- 
gaged in  a  case  tried  before  Judge  North.  In 
which  that  very  question  was  Involved.  There 
were  four  counsel  on  our  side,  and  five  against 
us,  and  we  were  engaged  in  the  matter  five 
days;  and  it  was  Anally  determined  by  Judge 
North  that  the  word  "  may,"  when  applied  to 
a  public  body,  meant  "  shall."  That  is  my 
authority. 

Mr.  HAWLEY.  I  want  to  ask  one  question. 
Do  these  gentlemen,  who  are  such  earnest  ad- 
vocates of  the  measure,  believe  that  a  docket 
fee  of  ten  dollars  in  each  case  will  pay  the 
judges'  salaries? 

Mr.  DeLONG.  I  do  believe  that  it  will  pay 
every  judge  in  the  Territory. 

Mr.  HAVVLl^Y.  It  would  require  that  there 
should  be  twenty-one  hundred  cases  on  the 
docket  to  pay  the  salaries  of  the  Supreme 
Court  Judges. 

Mr.  DeLONG.  We  are  not  speaking  about 
the  Supreme  Court  Judges,  but  the  District 
Judges. 

Mr.  HAWLEY.  With  the  lights  before  me, 
I  am  firmly  of  the  opinion  that  a  docket  fee  of 
ten  dollars,  whilst  it  might  go  a  great  ways 
towards  paying  the  salaries  of  the  judges  in 
Storey  County,  would  amount  comparatively  to 
but  a  trifle  in  my  own  county  ;  or,  I  may  say, 
in  any  other  county  in  the  proposed  State  of 
Nevada.  Such  being  the  case,  it  seems  to  me 
that  a  great  deal  more  time  than  necessary 
has  been  consumed  in  the  discussion  of  this 
question.  I  have  to  say  further,  that  I  agree 
almost  entirely  with  the  views  presented  by  the 
gentleman  from  Ormsby,  (Mr.  Johnson,)  and 
particularly  with  the  position  he  takes,  that 
such  a  tax  would  be  an  onerous  and  burdea- 
sorae  one  upon  litigants,  in  a  great  many  cases. 
I  did  not  happen  to  be  present  when  this  ques- 
tion was  previously  under  consideration  ;  if  I 
had  been,  I  should  certainly  have  voted  against 
authorizing  a  docket  fee. 

Mr.  WETHERILL.  If  a  fee  of  ten  dollars  is 
not  going  to  be  sufficient,  I  hope  the  Legisla- 
ture will  make  it  twenty,  and,  as  the  gentleman 
from  Storey  (Mr.  DeLong)  says,  let  those  who 
dance  pay  the  fiddler.  That  is  the  correct 
principle.  If  you  want  the  people  to  pay  the 
expenses  of  private  litigation,  then,  upon  the 
same  principle,  the  people  in  a  body  should  be 
A  21 


called  upon  to  come  up  and  pay  the  clerk's  and 
Sheriff's  fees,  and  all  the  other  expenses  in- 
curred in  conducting  a  law-suit.  Now  (he 
party  who  loses  the  case  is  presumed  to  have 
been  in  the  wrong,  and  I  say  the  man  who  is 
in  the  wrong — the  one  who  improperly  prose- 
cutes, or  improperly  defends  an  action— ought 
to  be  required  to  pay  the  expense  which  he  has 
incurred,  and  should  not  be  allowed  to  call 
I  upon  others  to  share  the  expense  with  him.  I 
j  think  that  is  just  and  right. 

Mr.  MASON.    As  to  the  question  of  "  shall  " 

I  or  "  may,"  I  wish  it  distinctly  understood,  in 

I  order  that  I  may  appear  right  on  the  record, 

I  that  I  do  not  care  a  cent  which  word  is  used. 

[Laughter.] 

Mr.  JOHNSON.  The  gentleman  from  Doug- 
I  las  (Mr.  Hawley)  has  suggested  that,  accord- 
ing to  his  calculation,  it  would  require  twenty- 
j  one  hundred  cases,  with  a  tax  of  ten  dollars, 
I  to  meet  the  salaries  of  the  Judges  of  the  Su- 
preme Court — that  is,  to  raise  twenty-one  thou- 
sand dollars.  Then  I  understand  the  gentleman 
from  Storey  (Mr.  DeLong)  to  say,  that  there 
will  probably  be  many  more  cases  than  the 
number  stated.  I  cannot  believe  there  will  be 
so  many  as  twenty-one  hundred  cases  in  a  sin- 
gle year  in  the  Supreme  Court,  and  I  submit 
to  the  gentleman  that  he  had  better  correct  his 
figures. 

Mr.  DeLONG.  I  alluded  then  to  the  District 
Court,  and  in  my  judgment,  giving  the  District 
Court  all  the  business  now  done  by  the  Probate 
Court,  and  everything  else  amounting  to  over 
three  hundred  dollars,  such  a  tax  will  pay  the 
salaries  of  every  one  of  the  judges  of  the  Dis- 
trict Court  in  Storey  County.  I  am  satisfied  of 
it.  There  are  always  more  cases  dismissed 
than  get  upon  the  calendar,  as  every  lawyer 
knows.  We  have  now  about  five  hundred 
cases  on  the  calendar,  besides  a  great  many 
which  are  not  yet  there,  and  at  least  double 
that  amount  have  been  settled.  Sometimes 
ten  or  fifteen  new  cases  a  day  are  commenced 
by  one  firm,  that  I  know  of,  and  I  presume 
there  are  by  others.  When  we  get  good  courts, 
business  will  increase.  And  then  we  shall  have 
the  right  to  appeal  to  the  Supreme  Court,  and 
I  should  not  be  at  all  surprised  to  see  as  many 
as  a  thousand  cases  a  year  appealed  to  the  Su- 
preme Court,  for  a  number  of  years  to  come. 
And  suppose  the  tax  pays,  towards  the  sala- 
ries of  the  Supreme  Court  Judges,  not  twenty- 
one  thousand,  but  ten  thousand  dollars ;  even 
that  will  be  a  great  relief  to  the  tax-payers  gen- 
eraly.  And  as  the  gentleman  from  Esmeralda 
(Mr.  Wetherill)  has  suggested,  if  ten  dollars  is 
not  enough,  the  Legislature  can  make  it 
twenty. 

Mr.  COLLINS.  I  am  decidedly  in  favor  of 
this  fee,  and  I  am  in  favor  of  it  on  principle. 
I  do  not  believe  that  well  disposed  people,  who 
try  by  every  possible  means  to  keep  out  of 
litigation,  should  be  taxed  to  support  litigants. 
And  I  never  could  see  the  justice,  myself,  of 
exacting  a  docket  fee  from  the  humble  litigants 


738 


JUDICIAL  DEPARTMENT. 


[19th  day. 


Monday,] 


Johnson — Collins — DeLong — Hawley. 


[July  25. 


in  the  Justices'  Courts,  while  the  great  litiga- 
tion which  occupies  the  time  of  the  higher 
courts  is  sustained  by  taxes  paid  by  the  public 
at  large.  If  that  kind  of  sauce  is  good  for  the 
goose,  it  should  be  good  for  the  gander.  If  it  is 
proper,  just,  and  right  to  tax  a  humble  liti- 
gant who  goes  before  a  Justice's  Court  to  en- 
force a  demand  for  five,  ten,  or  twenty  dollars, 
or  more,  it  certainly  seems  to  me  to  be  emi- 
nently proper  that  the  litigant  who  goes  before 
the  higher  court,  with  his  claim  of  two  thou- 
sand, ten  thousand,  or  twenty  thousand  dollars, 
should,  upon  the  same  principle,  be  called 
upon  to  pay  something  toward  the  expense  of 
sustaining  the  court. 

Mr.  JOHNSON.  I  do  not  understand  the 
pertinancy  of  the  remarks  of  the  gentleman 
who  has  just  taken  his  seat,  when  he  assumes 
that  the  humblest  litigant  in  a  Justice's  Court 
is  required  to  pay  a  docket  fee. 

Mr.  COLLINS.  I  think  I  can  make  myself 
clear  to  the  Convention  on  that  point,  if  not  to 
my  excellent  friend  from  Ormsby.  I  say,  if  it 
is  proper  to  support  a  District  Judge  by  a  sal- 
ary which  has  to  be  paid  out  of  the  taxes  of 
the  people,  it  is  also  eminently  proper,  I  think, 
to  support  a  Justice  of  the  Peace  by  a  salary 
to  be  paid  by  the  taxes  of  the  people  in  like 
manner.    Am  I  understood  ? 

Mr.  JOHNSON.  No,  sir  ;  or  at  all  events 
the  gentleman  has  not  reached  the  point  yet. 
He  is  assuming,  as  I  understand,  that  a  docket 
fee  has  to  be  paid  by  litigants  to  a  Justice  of 

tllG  Pg3.CG 

Mr.  COLLINS.     And  so  it  has. 

Mr.  JOHNSON.  Allow  me  to  explain  ;  I 
had  not  finished  my  sentence.  A  Justice  of  the 
Peace  occupies  the  same  relation  to  parties  lit- 
igant, so  far  as  fees  are  involved,  as  does  the 
clerk  of  a  higher  court.  He  has  his  own  office, 
and  is  entitled  to  his  fees  at  the  same  rate  as 
the  clerk  of  the  District  Court. 

Mr.  DeLONG.  And  he  does  not  receive  a 
cent  of  salary  outside  of  his  fees. 

Mr.  JOHNSON.  Certainly  not ;  neither  does 
the  clerk.  They  both  receive  fees,  but  as  to  its 
being  a  docket  fee,  it  can  no  more  be  regarded 
in  that  light  in  the  one  case  than  in  the  other. 
It  is  not  a  docket  fee  that  is  paid  to  the  Justice 
of  the  Peace,  under  existing  territorial  laws, 
because  his  services  are  compensated  exclu- 
sively by  fees  of  office. 

Mr.  COLLINS.  It  matters  not  in  regard  to 
what  name  it  may  be  called  by.  The  great 
fact  still  stands  out  that  the  compensation  of  a 
Justice  of  the  Peace,  who  acts  as  a  judge  in 
the  smaller  class  of  cases,  is  paid  by  the  liti- 
gants, while  the  compensation  of  the  judge 
who  tries  and  decides  the  great  causes,  is  paid, 
not  by  the  litigants,  but  by  the  taxes  of  the 
people.  I  care  not  in  what  language  it  may  be 
presented ;  the  fact  stands  out  in  bold  relief,  just 
the  same,  and  I  am  in  favor  of  extending  the 
the  same  principle  that  governs  in  the  Justices' 
Courts  to  the  higher  courts.  Let  those  who 
want  to  litigate  pay  for  It. 


Mr,  JOHNSON.  Certainly ;  so  it  is  now  ; 
they  pay  the  sheriff's  and  clerk's  fees. 

Mr.  COLLINS.  Let  them  pay  the  court  ex- 
penses also.  I  can  see  no  reason  why  we 
should  require  them  to  pay  the  clerk  and  sher- 
iff', and  not  the  judge.  I  see  no  good  reason 
why  a  court  fee  should  not  be  exacted  in  pro- 
portion to  the  amount  of  money  involved  in 
each  suit,  and  I  think  it  would  be  very  unjust 
indeed  to  tax  a  man  who  comes  before  the 
court  to  enforce  a  claim  of  three  hundred  dol- 
lars, the  same  amount  that  you  would  if  his 
claim  were  for  three  thousand,  or  thirty  thou- 
sand, or  three  hundred  thousand  dollars.  I 
insist  that  this  court  fee  is  correct  in  theory, 
and  I  am  confident  that  it  will  work  well  in 
practice. 

Mr.  HAWLEY.  I  trust  that  the  proposition 
to  strike  out  the  word  "'shall"  and  insert  in- 
stead the  word  "  may,"  will  prevail.  I  want  to 
see  the  language  so  modified  as  to  leave  this 
matter  discretionary  with  the  Legislature. 
Now,  sir,  it  is,  according  to  my  experience  and 
observation — and  I  appeal  to  attorneys  who 
are  familiar  with  the  practice  of  the  law,  and 
the  results  of  practice,  to  say  whether  it  is 
not  in  accordance  with  their  own — that  in  as 
many  as  two  cases  out  of  five,  if  not  a  greater 
proportion  than  that,  and  especially  in  actions 
of  ejectment  and  other  cases  of  that  character, 
the  plaintiff',  though  compelled  to  bring  suit  in 
order  to  recover  his  rights,  nevertheless  finds 
the  defendant  in  such  a  condition  that  he  can- 
not pay  the  costs,  and  they  are  therefore  taxed 
against  the  prevailing  party.  He  is  obliged  to 
pay  all  the  costs  of  the  clerk  and  the  sheriff, 
and  to  make  him  pay  all  those  costs,  and  then 
a  docket  fee  in  addition,  would  be  extremely 
onerous  and  burdensome.  Therefore  I  hope 
the  amendment  offered  by  the  gentleman  from 
Ormsby  will  prevail,  or  at  any  rate  that  we 
shall  provide  that  no  such  tax  shall  be  enforced 
against  the  prevailing  party. 

Mr.  DeLONG.  If  the  gentleman's  interrog- 
atory, as  to  cases  where  the  defendant  is  una- 
ble to  pay  the  costs,  is  addressed  to  me,  I  have 
to  say  in  reply,  that  no  matter  whether  the 
plaintiff  recovers  the  costs  or  not,  he  still  re- 
covers the  property,  and  if  he  is  benefited  by 
his  suit,  whilst  I  am  not,  I  do  not  see  why  h'j 
should  not  pay  the  whole  of  the  expenses  of 
the  court  instead  of  making  me  pay  a  pait. 
[Question,  question!"] 

[Mr.  KiNKEAD  in  the  chair.] 

Mr.  JOHNSON, and  others,  demanded  the  yeas 
and  nays  on  the  amendment  to  strike  out  the 
word  "  shall,"  and  insert  instead  the  word 
"  may." 

Mr.  HAWLEY.  Is  a  further  amendment 
now  in  order? 

Several  Members.     Oh,  no! — Question ! 

Mr.  HAWLEY.    I  withdraw  it. 

The  question  was  taken  by  yeas  and  nays  on 
the  amendment  offered  by  Mr.  Johnson,  to 
strike  out  "  shall  "  and  insert  "  may,"  and  the 
vote  was — yeas,  5  ;  nays,  19 — as  follows : 


19th  day.] 


JUDICIAL  DEPARTMENT. 


739 


Monday.] 


McCuNTON — Banks — DeLong— Brosnan — Chapin. 


[July  23. 


reas— Messrs.  Brosnan,  Crawford,  Gibson,  Hawley, 
and  Mr.  President — 5. 

Xays — Messrs.  Banks,  Belden,  Brady,  Chapin,  Col- 
lins. Crosman,  DeLong,  Dunne,  Frizell.  Fol.som,  Ken- 
nedy, Kinkead,  Ma.son,  McClinton,  Murdock,  Proctor, 
Tagliabue,  Warwick,  and  WetlierUl — 19, 

So  the  amendment  was  not  agreed  to. 

Mr.  McCLINTON.  Now  I  again  move  my 
amendment,  which  I  temporarily  withdrew  in 
order  that  the  amendment  of  the  gentleman 
from  Ormsby  might  be  disposed  of.  I  ask 
unanimous  consent  to  amend  the  first  paragraph 
of  the  section,  so  as  to  read  as  follows  : 

"The  Legislature,  at  its  first  session,  and  from  time 
to  time  thereafter,  shall  prescribe  by  law,  that  upon 
the  institution  of  each  action,"  etc. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  BANKS.  The  word  "  provide,"  I  think 
is  better  than  "  prescribe."  I  will  move  to 
substitute  the  word  "  provide  "  for  "  prescribe." 

Mr.  McCLINTON.  Yes  ;  that  is  better,  cer- 
tainly. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  DeLONG.  Now,  is  the  word  "  civil " 
there — "  civil  action  ?" 

The  SECRETARY.    No,  sir. 

Mr.  DeLONG.  I  ask  to  have  the  word  "  civil " 
inserted  before  "  action,"  so  as  to  read — "upon 
the  institution  of  each  civil  action,  and  other 
proceeding,"  etc. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  DeLONG.  It  occurs  again,  I  observe, 
further  down.  Let  the  word  "civil "  come  in 
before  "  action,"  in  the  second  instance — "  and 
also  upon  the  perfecting  of  an  appeal  in  any 
civil  action,"  etc.  Will  the  Secretary  read  the 
section  as  it  will  then  stand? 

The  SECRETARY  read  as  follows  : 

Sec.  16.  The  Legislature,  at  is  first  session,  and 
from  time  to  time  thereafter,  shall  provide  by  law 
that  vipon  the  institution  of  each  civil  action,  or  other 
proceedings,  and  also  upon  the  i^erfecticg  of  an  appeal 
in  any  civil  action  or  proceeding  in  the  several  courts 
of  Record  in  this  State,  a  special  court  fee  or  tax,  to 
be  fixed  by  law,  shall  be  advanced  to  the  clerks  of  said 
courts  resxjectively,  by  the  party  or  parties  bringing 
such  action  or  proceeding,  or  taking  such  appeal  ;  and 
the  money  so  paid  in  shall  be  accoiinled  for  by  such 
clerks,  and  applied  towards  the  payment  of  the  com- 
pensation of  the  judges  of  said  courts,  as  shall  be  di- 
rected by  law. 

Mr.  DeLONG.     That  is  right  now. 

The  further  amendment  proposed  by  Mr.  De- 
Long, (to  insert  the  word  "civil,"  in  the  second 
instance,)  was  agreed  to  by  unanimous  consent. 

LEAVE   OP   ABSENCE. 

Section  17  was  read,  as  follows  : 

Sec.  17.  The  Legislature  shall  have  no  power  to 
grant  leave  of  absence  to  a  judicial  officer  ;  and  any 
such  officer  who  shall  absent  himself  from  the  State 
for  upwards  of  ninety  consecutive  days,  shall  be 
deemed  to  have  vacated  his  office. 

No  amendment  was  offered. 

TERRITORIAL   JUDGES   AND   COURTS   CONTINUED. 

Section  18  was  read,  as  follows : 


Sec.  18.  In  order  that  no  inconvenience  may  result 
to  the  public  service  from  the  taking  effect  of  this  arti- 
cle, no  judicial  officer  shall  be  superseded,  nor  shall 
the  organization  of  the  several  courts  be  changed 
thereby,  until  the  election  and  qualification  of  the 
several  officers  provided  for  in  the  same. 

No  amendment  was  offered. 

CITY   RECORDERS. 

Mr.  BROSNAN.  My  attention  has  been 
called,  by  the  gentleman  from  Ormsby,  (Mr. 
Johnson,)  to  the  reading  of  Section  10,  as  it  is 
now  numbered.  Will  the  Secretary  read  that 
section  ? 

The  SECRETARY  read  Section  10,  as  fol- 
lows : 

Sec.  10.  No  judicial  officer,  except  Justices  of  the 
Peace,  shall  receive  to  his  own  use  any  fees  or  perqui- 
sites of  office. 

Mr.  BROSNAN.  That  section  is  taken  from 
the  old  Constitution,  framed  last  year,  in  hcvc 
verba,  but  since  that  time  a  Recorder's  Court 
has  been  established  in  Virginia  City,  and  the 
Recorder  is  paid,  I  believe,  by  fees.  This  sec- 
tion, as  it  now  reads,  would,  in  my  judgment, 
cut  him  off  altogether  from  receiving  any  fees, 
and  I  therefore  move  to  amend  the  section  by 
inserting  after  "  Justices  of  the  Peace,"  the 
words  "  and  Recorders  of  cities." 

Mr.  DeLONG.  It  would  be  better  to  say — 
"  and  City  Recorders  " 

Mr.  BROSNAN.  Very  well ;  let  it  read— 
"  except  Justices  of  the  Peace,  and  City  Re- 
corders." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

JUSTICES   OF   the   supreme    COURT. 

Mr.  CHAPIN.    I  would  like  to  hear  Section 
2  read  again. 
The  SECRETARY  read  Section  2,  as  follows  : 

Sec.  2.  The  Supreme  Court  shall  consist  of  a  Chief 
Justice  and  two  Associate  Justices,  a  majority  of  whom 
shall  constitute  a  quorum ;  provided,  that  the  Legisla- 
lature,  by  a  majority  of  all  the  members  elected  to 
each  branch  thereof,  may  provide  for  the  election  of 
two  additional  Associate  Justices,  and  if  so  increased, 
three  shall  constitute  a  quorum.  The  concurrence  of 
a  majority  of  the  whole  court  shall  be  necessary  to 
render  a  decision. 

Mr.  CHAPIN.  I  see  that  provision  is  there 
made  for  the  addition  of  two  associate  justices, 
but  I  do  not  notice  any  provision  for  reducing 
the  number  again  to  three.  My  idea  is,  that 
in  all  probability  this  increase  to  five  judges 
will  be  made  at  an  eaily  day,  for  now  is  the 
time,  and  for  the  next  two  or  three  years,  when, 
if  ever,  five  judges  on  the  bench  will  be  of 
great  service  to  the  State.  If  we  are  going  to 
want  them  at  any  period  in  our  history,  it  is  at 
this  period,  and  it  is  my  opinion  that  we  will 
need  them  for  perhaps  three,  four,  or  possibly 
five  years  to  come.  After  that,  I  doubt  very 
much  whether  five  judges  will  be  needed.  With 
that  view,  I  move  to  refer  this  section  to  a 
special  committee  of  three,  with  instructions 
to  amend  by  inserting  after  the  words  "  two 
additional  associate  justices,"  the  words  "with 
power  to  reduce  the  number  again  to  two." 


740       JUDICIAL  DEPARTMENT— MISCELLANEOUS.     [19th  day. 

Monday,]    DeLokg — Chapin — Mason— Brosn an— Johnson — Banks — Frizell — Dunne.    [July  25. 


Mr.  DeLONG.  I  want  to  know  why  the 
Legislature  has  not  that  power,  without  the 
amendment  proposed  ?  If  the  Legislature  can 
pass  a  law  increasing  the  number  of  judges,  it 
can  certainly  repeal  such  law — there  is  no 
doubt  of  that— under  the  ordinary  construction 
of  statutes. 

Mr.  CHAPIN.  I  would  very  much  prefer  to 
have  the  power  expressed. 

The  FRESWEST  pro  tern.  I  suggest  whether 
it  would  not  be  better  to  place  this  provision 
in  the  Schedule,  as  it  seems  to  relate  merely 
to  a  temporary  matter?  l 

Mr.  CHAPIN.  This  is  the  proper  place,  sir ;  | 
at  the  very  point  where  provision  is  made  for 
an  increase. 

Mr.  MASON.  I  can  see  no  necessity  for  this 
amendment.  With  my  limited  knowledge  of 
the  law,  and  I  do  not  profess  to  have  much 
legal  knowledge,  I  am  clearly  of  opinion  that 
when  a  repealing  or  amending  statute  is  itself 
repealed,  the  latter  act  revives  and  puts  in 
force  the  former  law.  If  that  be  so,  the  Legis- 
lature has  the  power  referred  to,  without  any 
amendment. 

Mr.  CHAPIN.  I  have  had  some  conversation 
with  the  Chairman  of  the  Judiciary  Conmmit- 
tee  (Mr.  Brosnan)  on  this  subject,  and  he  stated 
to  me  at  the  moment— to  be  sure,  without 
much  opportunity  for  thought  on  the  subject- 
that  he  doubted  the  power  of  the  Legislature, 
after  having  once  increased  the  number  of 
judges,  again  to  reduce  that  number. 

Mr.  BROSNAN.  If  this  amendment  were 
adopted  we  would  have  this  state  of  things,  at 
any  rate,  that  if  the  Legislature  increase  the 
number  of  judges,  such  increase  must  continue 
at  least  for  six  years ;  that  is,  the  terms  of 
office  of  the  additional  judges  elected  must  be 
for  six  years,  and  during  that  time,  of  course, 
they  could  not  be  legislated  out  of  office,  be- 
cause we  have  adopted  a  provision  that  their 
compensation  shall  not  be  increased  or  dimin- 
ished during  the  term  of  office  for  which  they 
are  elected. 

Mr.  JOHNSON.  That  applies  only  to  their 
salaries. 

Mr.  BRoSNAN.  But  in  my  opinion  the 
judges,  once  elected,  cannot  be  legislated  out 
of  otiice  during  the  terra  for  which  they  have 
been  elected. 

Mr.  BANKS.  I  like  the  section  just  as  (t 
stands  now.  Is  the  gentleman's  proposition 
that  we  shall  have  three  judges  to  start  with, 
and  then  empower  the  Legislature  to  diminish 
that  number '! 

Mr.  CHAPIN.    No,  no  ! 

The  PRESIDENT  pro  tern.  As  it  is  now,  we 
shall  have  three  judges  to  start  with,  with 
power  in  the  Legislature  to  increase  the  num- 
ber to  five,  and  the  proposition  of  the  gentle- 
man from  Storey  is  to  give  the  Legislature 
further  power,  after  the  increase  has  once 
been  made,  to  reduce  the  number  again  to 
three. 

Mr.  CHAPIN.    That  is  it,  exactly. 


Mr.  BANKS.  Well,  I  do  not  quite  under- 
stand the  object  of  it. 

Mr.  FRI2ELL.  The  motive  of  my  colleague 
is  certainly  a  good  one,  but  inasmuch  as  the 
decrease  suggested  cannot  be  made,  after  the 
Legislature  has  once  provided  for  the  election 
of  the  two  additional  associate  justices,  under 
six  years,  and  as  the  Constitution  could  be 
amended,  if  deemed  necessary,  inside  of  that 
time,  even  admitting  that  the  Legislature  would 
not  have  the  power,  which  I  think  they  would 
have,  to  decrease  the  number  at  the  expiration 
of  that  time,  still,  I  do  not  perceive  that  any 
practical  advantage  is  to  be  secured  by  the 
amendment.  I  would  not  set  up  my  judgment 
against  that  of  other  gentlemen,  but  it  seems 
to  me  very  clear  that  the  Legislature  would 
have  the  power  to  reduce  the  number  at  the 
expiration  of  the  terms  of  the  incumbents,  and 
at  all  events,  in  case  of  any  real  necessity  for 
it,  the  Constitution  can  be  amended  so  as  to 
meet  the  exigency.  There  is  time  enough  for 
that.  Therefore,  inasmuch  as  the  sentence  is 
harmonious  and  correct,  as  it  now  reads,  and 
as  I  think  we  can  get  on  just  as  well  without 
the  amendment,  I  shall  vote  against  it. 

Mr.  CHAPIN.  The  section  would  be  a  great 
deal  more  harmonious  to  my  ear,  if  it  were  so 
worded  as  to  enable  us  to  dispense"  with  those 
two  additional  justices,  whenever  it  is  ascer- 
tained that  they  are  not  necessary,  and  thus 
save  the  State  fourteen  thousand  dollars  a 
year.  That  would  have  a  very  harmonious 
sound,  indeed.  I  ask  for  the  yeas  and  nays  on 
the  amendment. 

The  question  was  taken  by  yeas  and  nays  on 
the  motion  to  recommit  with  the  instructions 
oifered  by  Mr.  Chapin,  and  the  vote  was — yeas, 
4  ;  nays,  18 — as  follows  : 

Teas — Messrs.  Bauks,  Chapin,  Collins,  and  Mr. 
President — 4. 

JVays — Messrs.  Beldcn,  Brady,  Brosnan,  Crawford, 
Crosman,  DeLong,  Duuue,  Frizell,  Folsom,  Gibson, 
Kennedy,  Kinkead,  Mason,  McClinton,  Proctor,  Tag- 
liabue,  Warwick,  and  Wetherill — 18. 

So  the  amendment  was  not  agreed  to. 
No  further  amendment  being  offered, — 
The  question  was  taken  by  yeas  and  nays  on 
the  final  passage  of  the  article,  and  the  vote 
was — yeas,  21  ;  nays,  1 — as  follows  : 

Yeas — Messrs.  Banks,  Belden,  Brady,  Brosnan,  Cha- 
pin, Collins,  Crawford,  Crosman,  DeLong,  Dunne,  Fri- 
zell, Folsom,  Gibson,  Kennedy,  Kinkead,  Mason, 
McCluiton,  Proctor,  TagUabue,  Warwick,  and  Wether- 
ill—21. 

iVa^— Mr.  President — 1. 

So  the  article  was  passed. 

MISCELLANEOUS   PROVISIONS — PERPETUITIES. 

[The  President  in  the  chair.] 

Mr.  DUNNE.  Has  the  article  entitled  Mis- 
cellaneous Provisions  been  finally  passed  ? 

The  PRESIDENT.     Yes,  sir. 

Mr.  DUNNE.  I  wish,  then,  to  call  attention 
to  one  matter  which  seems  to  have  been  over- 
looked. I  do  not  see  that  any  clause  h.is  been 
adopted  in  the  Constitution,  thus  far,  prohibit- 


20tli  day.] 


ELECTION  ORDINANCE— SCHEDULE. 


741 


Tuesday,] 


DbLong—Ddnne— Collins— Chapin— Warwick— Brosnan. 


[July  26. 


ina;  perpetuities.  I  was  not  aware  that  the 
article  had  been  finally  passed,  and  had  a  sec- 
tion drawa  to  be  iucorporated  in  it,  which  I 
will  read : 

Sec.  — .  No  perpetuities  shall  be  allowed  except  for 
eleemosynary  purposes. 

I  think  that  should  be  incorporated  some- 
where, because  if  there  is  no  such  prohibition, 
entailed  estates  may  be  created,  the  same  as  in 
Ens;land. 

The  PRESIDENT.  I  understand  the  article 
is  in  the  hands  of  the  Committee  on  Phraseol- 
ogy, and  if  there  be  no  objection,  the  section 
can  be  sent  to  that  committee,  with  instruc- 
tions to  embody  it  in  the  article. 

The  rules  were  suspended  by  unanimous  con- 
seat  for  the  purpose  of  allowing  Mr.  Dunne  to 
introduce  the  proposed  new  section. 

Mr.  DeLONG.  Let  us  adjourn.  What  have 
we  got  to  do  to-morrow  ?  We  can  attend  to 
this  matter  then.  I  suppose. 

The  PRESIDENT.  This  section  ought  to  be 
adopted  before  the  article  goes  to  the  Enroll- 
ing Committee. 

Mr.  DeLONGt.  Very  well ;  it  may  be  adopt- 
ed, I  understand,  by  unanimous  consent. 

The-  PRESIDENT.  Does  the  gentleman  from 
Humboldt  desire  to  submit  a  motion  in  connec- 
tion with  the  proposed  additional  section? 

Mr.  DUNNE.  Yes,  sir  ;  I  wish  it  to  follow 
Section  3.    I  offer  the  following  resolution  : 

Resolved,  That  the  following  section  be  and  the  same 
is  hereby  ordered  inserted  in  Article  XVI,  entitled 
Miscellaneous  Provisions,  viz  : 

Sec.  4.  No  i>erpetuities  shall  be  allowed,  except  for 
eleemosynary  purijoses. 

The  resolution  was  adopted  by  unanimous 
consent. 

Mr.  DeLONG.  I  move  that  the  Convention 
now  adjourn.  I  understand  that  it  is  not  going 
to  facilitate  our  business  to  sit  any  later  to- 
night. 

ELECTION   ORDINANCE. 

Mr.  COLLINS.    I  have  a  report  to  make. 

Mr.  DeLONG.  I  withdraw  the  motion  to 
adjourn. 

iVIr.  COLLINS  presented  the  following  re- 
port : 

Mk.  President  : — Your  select  committee,  compris- 
ing the  undersigned,  to  which  was  referred  the  ordi- 
nance relative  to  voting,  etc.,  respectfully  reports  the 
same  back  to  the  Convention,  amended  by  substituting 
new  matter  for  Sections  5  and  6,  as  follows  : 

Sec.  5.  The  judges  and  inspectors  of  said  election 
shall  carefully  count  each  ballot,  immediately  after 
said  elections,  and  forthwith  make  duplicate  returns 
thereof  to  the  clerks  of  the  said  County  Commission- 
ers of  their  resijective  counties  ;  and  said  clerks  with- 
in fifteen  days  after  said  elections,  shall  transmit  an 
abstract  of  the  votes ,  including  the  soldiers'  vote,  as 
hereinafter  i^rovided,  given  for  State  officers.  Supreme 
and  District  Judges.  Representative  in  Congress,  and 
three  Presidential  electors,  inclosed  in  an  envelope,  by 
the  most  safe  and  expeditious  conveyance,  to  the  Gov- 
ernor of  said  Territory,  marked  "Election  returns." 

Sec.  6.  Uijon  the  receipt  of  said  returns,  including 
those  of  the  soldiers'  vote,  or  within  twenty  days  after 
the  election,  if  said  returns  be  not  sooner  received,  it 
shall  be  the  duty  of  the  Board  of  Canvassers,  to  con- 
sist of  the  Governor,  United  States  District  Attorney, 


and  Chief  Justice  of  said  Territory,  or  any  two  of 
them,  to  canvass  the  returns,  both  civil  and  "military, 
in  the  presence  of  all  who  may  wish  to  be  present,  and 
if  a  majority  of  all  the  votes  given  upon  this  Constitu- 
tion shall  be  in  its  favor,  the  said  Governor  shall  im- 
mediately publish  an  abstract  of  the  same,  and  make 
proclamation  of  the  fact  in  some  newspaper  in  said 
Territory,  and  certify  the  same  to  the  President  of  the 
United  States,  together  with  a  copy  of  the  Constitu- 
tion and  ordinances.  The  said  Board  of  Canvassers, 
after  canvassing  the  votes  of  the  said  November  elec- 
tions, shall  issue  certificates  of  election  to  such  per- 
sons as  were  elected  State  officers.  Judges  of  the  .Su- 
preme and  District  Courts.  Kepresentative  in  Congress, 
and  three  Presidential  electors.  Thirty  days  after  the 
President  of  the  United  .States  shall  issue  "his  procla- 
mation declaring  this  State  admitted  iutoth<-  Union  on 
an  equal  footing  with  the  orit,nuul  States,  tliis  (%iiisti- 
tution  shall  thenceforth  be  ordained  and  estaldished 
as  the  Constitution  of  the  State  of  Ni-vada. 

All  of  which  is  respectfully  submitted. 

John  A.  Collins. 

The  report  was  accepted  and  the  ordinance 
placed  on  file. 

Mr.  CHaPIN.  I  was  desirous  of  working  at 
least  an  hour  longer  to-night,  but  the  Secretary 
has  informed  me  that  it  will  be  impossible  for 
him  to  prepare  the  article  on  the  Judicial  De- 
partment, so  as  to  go  out  of  his  hands  into  the 
hands  of  the  enrolling  clerk,  until  after  the 
adjournment.  As  it  is  quite  important  to  have 
that  article  enrolled  as  early  as  possible,  per- 
haps it  will  be  as  well  to  adjourn  now. 

Mr.  WARWICK.    I  move  that  we  adjourn. 

SCHEDULE — PROBATE  COURTS. 

The  PRESIDENT.  I  understand  that  it  is 
the  desire  of  the  gentleman  from  Storey,  (Mr. 
Brosnan,)  to  offer  an  additional  section  to  the 
Schedule. 

Mr.  WARWICK.  For  that  purpose  I  with- 
draw the  motion  to  adjourn. 

Mr.  BROSNAN  ofl"ered  the  following  resolu- 
tion : 

Resolved,  That  the  following  section  be  and  the  same 
is  hereby  ordered  inserted  in  the  article  entitled  Sched- 
ule, as  Section  20. 

Sec.  20.  All  cases,  both  civil  and  criminal,  which 
may  be  pending  and  undetermined  in  the  Probate 
Courts  of  the  several  counties  at  the  time  when,  under 
the  provisions  of  this  Constitution,  said  Probate 
Courts  are  to  be  abolished,  thall  be  transferred  to,  and 
determined  by  the  District  Courts  of  such  counties 
respectively. 

The  resolution  was  adopted  by  unanimous 
consent. 

Mr.  WARWICK.  I  now  renew  the  motion 
to  adjourn. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Accordingly,  at  twenty  minutes  before  ten 
o'clock,  P.  M.,  the  Conventiou  adjourned. 


TWENTIETH  DAY. 

Carson,  July  26,  1864. 

The  Convention  met  at  nine  o'clock.  A.  M., 
and  was  called  to  order  by  the  President. 

The  roll  was  called,  and  all  the  members  re- 
sponded except   the  following  :  Messrs.   Ball, 


742 


LEAVE  OF  ABSENCE— PRIVILEGE. 


[20th  day. 


Tuesday,]  Bkady — Pkesidext — Brosnan — Dunne — Mason — McClinton — Wetherill.    [July  26. 


Banks,  DeLong,  Earl,  Fitch,  Haines,  Hovey, 
Hudson,  Jones,  Lockwood,  Morse,  Nourse, 
Parker,  Sturtevant,  Tozer,  Wellingtoa,  and 
Williams.    Present,  22  ;  absent  17. 

Prayer  was  offered  by  the  Rev.  Mr.  NIMS. 

The  journal  of  yesterday  was  read,  correct- 
ed, and  approved. 

LEAVE    OF   ABSENCE. 

Mr.  BRADY.  I  desire  to  ask  indefinite  leave 
of  absence  from  to  day  at  noon. 

The  PRESIDENT.  It  is  quite  evident  that 
the  Constitution  will  not  be  completed  to-day, 
and  if  any  more  members  leave  us,  I  am  ap- 
prehensive that  we  shall  not  have  a  quorum  to- 
morrow. 

Mr.  BRADY.  There  are  several  members  in 
town  who  will  be  present  to-morrow,  I  under- 
stand. 

The  PRESIDENT.  The  gentleman  from 
Washoe  (Mr.  Nourse)  is  the  only  absent  member 
that  I  know  of  in  town,  who  will  probably  be 
here  to-morrow,  and,  as  all  of  us  are  aware, 
when  our  number  is  reduced  below  twenty  we 
are  without  a  quorum.  At  no  time  yesterday 
did  we  have  in  attendance  more  than  twenty- 
four  members,  I  believe. 

Mr.  BROSNAN.  And  some  whom  we  had 
yesterday  are  away  to-day. 

The  PRESIDENT.  I  understand,  also,  that 
one  of  the  members  from  Humboldt.  (Mr. 
Dunne.)  and  the  three  delegates  from  Esmer- 
alda, propose  leaving  the  Convention  immedi- 
ately. 

Mr.  HAWLEY.  I  think  we  may  get  through 
our  work  by  to-morrow  at  noon. 

The  PRESIDENT.  The  enrolling  yet  to  be 
done  is  all  there  is  to  prevent  it.  It  would 
be  very  unfortunate,  however,  if  we  were  to 
find  ourselves  in  such  condition  as  to  be  un- 
able to  complete  our  labors. 

Mr.  BRADY.  Will  not  Messrs.  DeLong  and 
Banks  be  here  ? 

Mr.  DUNNE.  My  colleague  (Mr.  Banks) 
i7iU  bo  here  at  two  o'clock.  He  desires  leave 
of  absence  only  till  two  o'clock. 

The  PRESIDENT.  I  think  there  will  be  no 
trouble  about  a  quorum  to-day  ;  the  question  is, 
who  will  be  in  attendance  to-morrow  ? 

Mr.  McCLINTON.  Unless  I  start  for  home 
to-morrow  morning,  I  cannot  go  till  Friday, 
and  I  am  very  anxious,  indeed,  to  get  home. 
If  it  is  possible,  therefore,  I  should  like  to 
start  home  in  the  morning,  but  I  will  not 
hazard  the  chances  of  getting  a  quorum  in  the 
Convention  by  leaving. 

The  PRESIDENT.  I  would  like  to  inquire 
of  the  other  members  from  Esmeralda,  what 
their  views  ars  in  regard  to  remaining. 

Mr.  WETHERILL.  I  am  in  very  much  the 
same  position  as  my  colleague  who  has  just 
spoken.  I  should  like  very  much  to  go,  but  at 
the  same  time,  I  would  not  leave  the  Conven- 
tion without  a  quorum.  If  a  quorum  can  be 
obtained  without  me,  I  shall  be  extremely  glad 
to  go  ;  if  not,  I  will  stay  and  take  the  chances. 


Mr.  MASON.  I  did  not  propose  to  stay  till 
Friday  ;  but,  however,  my  time  is  like  a  setting 
hen's — it  isn't  worth  a  cent — [merriment]  ;  so 
I  think  I  will  stay,  if  it  is  necessary. 

Mr.  BRADY.  I  am  in  the  same  fix  as  the 
gentleman  from  Esmeralda,  (Mr.  McClinton) ; 
I  would  not  leave,  if  I  found  that  the  Conven- 
tion would  be  without  a  quorum  in  consequence. 

The  question  was  taken,  and  leave  of  absence 
was  granted  to  Mr.  Brady,  in  accordance  with 
his  request. 

The  PRESIDENT,  The  Enrolling  Clerk  has 
informed  me  that  several  sheets  which  he  had 
completed,  became  wet  and  destroyed  by  rea- 
son of  the  storm  of  yesterday. 

QUESTION   OP   PRIVILEGE. 

Mr.  DUNNE.  I  desire  to  rise  to  a  questioa 
of  privilege,  in  regard  to  a  report  of  our  pro- 
ceedings in  the  Virginia  Union.  .  I  said  the  last 
time  I  was  on  the  floor  for  such  a  purpose  that 
I  would  not  endeavor  to  correct  one  of  the  re- 
porters again,  unless  it  was  a  case  of  life  and 
death  ;  but  this  refers  to  the  proceedings  oq 
the  dueling  question,  and  so  comes  pretty  near 
a  question  of  life  and  death,  at  any  rate.  By 
a  very  slight  transposition  of  words,  I  am 
made  by  the  reporter  of  the  Union  to  take  ex- 
actly the  opposite  ground  from  what  I  really 
did  take,  in  regard  to  persons  being  eligible  to 
office  who  may  have  fought  a  duel  out  of  the 
State,  subsequent  to  the  adoption  of  the  Con- 
stitution.    His  report  says : 

"  Mr.  Dunne,  after  calling  attention  to  the  fact  that 
the  person  who  had  fought  a  duel  in  California  since 
the  adoption  of  the  Nevada  Constitution,  would  be  pro- 
hibited by  Section  —  from  exercising  the  rights  of  an 
elector,  moved  that  it  be  referred  to  a  select  committee, 
consisting  of  Messrs.  Banks,  Nourse,  and  Warwick, 
with  instructions  to  amend  so  as  to  prohibit  persons 
who  had  fought  a  duel  out  of  the  State,  after  the  adop- 
tion of  the  Constitution,  as  well  as  within  the  State, 
from  being  eligible  to  office." 

Now  the  point  was  this,  that  a  person  who, 
while  living  elsewhere,  had  fought  a  duel  out- 
side of  this  State,  although  after  the  adoption 
of  the  CoDstitution,  might  be  eligible  to  office 
here,  but  at  the  same  time  the  oath  would  pre- 
vent him  from  entering  upon  the  duties  of  the 
office  to  which  he  might  be  elected,  unless  he 
committed  perjury  ;  that  is,  although  he  might 
be  eligible,  under  one  section,  and  might  be 
elected,  yet  he  could  not  take  the  oath  pre- 
scribed in  the  preceding  section,  which  required 
him  to  swear  that  he  had  not  fought  a  duel 
since  the  adoption  of  the  Constitution.  I  con- 
sidered that  the  two  sections  conflicted,  and 
wishing  to  make  them  harmonize  with  each 
otlier,  I  moved  that  the  oath  be  amended,  so 
that  the  person  who  might  have  fought  a  duel 
outside  of  the  State,  subsequent  to  the  adop- 
tion of  the  Constitution,  would  not  be  required 
to  swear,  as  then  prescribed  in  the  oath,  that 
he  had  not  fought  a  duel  at  all,  but  that  be  had 
not  fought  a  duel  "  while  a  resident  of  the 
State  of  Nevada.''  This  report  would  make  it 
appear  that  it  was  my  desire  to  exclude  such 


20th  day.] 


ENROLLMENT— PHRASEOLOGY. 


743 


Tuesday,] 


Kennedy— Gibson— Hawley— President— CHAPiN—KiNKEAn. 


[July  26. 


persons  from  eligibility  to  oESce,  which  was  not 
the  fact. 

ENROLLMENT   OF   THE   CONSTITUTION. 

Mr.  KENNEDY.  I  wish  to  inquire  if  the 
Enrolling  Committee  cannot  employ  additional 
force,  so  as  to  complete  the  enrollment  of  the 
Constitution  to-day?  As  I  understand  the  mat- 
ter, we  have  appointed  a  committee  to  have 
the  whole  instrument  re-enrolled  after  our  ad- 
journment. 

Mr.  GIBSON.  That  will  not  be  necessary, 
except  in  cases  where  amendments  are  made. 

Mr.  KENNEDY.  I  understood  that  the  whole 
was  to  be  re-enrolled,  and  that  copy,  I  think, 
ought  to  be  executed  with  great  care,  while  the 
appearance  of  the  copy  which  is  now  being  en- 
rolled, is  of  comparatively  little  consequence. 
I  think  if  the  committee  employ  sufficient  force 
we  may  get  through  to-night. 

Mr.  HAWLEY.  I  have  always  been  under 
the  impression  that  the  original  copy  of  an 
enrolled  bill,  as  it  came  from  the  hands  of  the 
Enrolling  Clerk,  was  the  copy  to  which  refer- 
ence would  be  made  in  the  event  of  any  litiga- 
tion growing  up  under  the  instrument,  and  I 
suppose  the  rule  would  be  the  same  in  regard 
to  our  Constitution.  But  whether  I  am  correct 
in  that  or  not,  I  do  not  think  any  advantage  is 
to  be  gained  by  the  employment  of  additional 
clerks.  One  great  object  of  the  enrollment  is 
to  leave  no  room  for  interlineations,  and  if  we 
divide  the  labor  among  several  clerks,  that  ob- 
ject is  necessarily  defeated.  It  is  important, 
too,  that  the  whole  instrument  shall  present  a 
neat  and  uniform  appearance.  If  it  is  the 
sense  of  the  Convention,  however,  that  we 
should  employ  another  clerk,  we  can  do  so. 

The  PRESIDENT.  I  do  not  think  it  will  be 
possible  to  finish  the  work  before  the  day  after 
to-morrow,  unless  additional  clerical  force  is 
employed. 

Mr.  CHAPIN.  Is  proper  attention  now  being 
given  to  the  work  of  enrolling? 

Mr.  HAWLEY.  I  went  to  the  Enrolling 
Clerk's  office  early  this  morning.  I  did  not 
find  him  in,  but  I  saw  a  portion  of  his  work 
which  had  been  done  in  a  workmanlike  man- 
ner, and  I  found  another  portion  which  had 
evidently  been  rained  on.  I  saw  Mr.  Van  Win- 
kle subsequently,  at  about  half-past  seven 
o'clock,  and  he  then  assured  me  that  he  would 
immediately  go  to  work  and  replace  the  dam- 
aged sheets.  He  said  he  was  only  waiting  for 
the  engrossed  copy  of  the  article  on  Judicial 
Department,  and  that,  together  with  the  Sched- 
ule, and  the  Ordinance  providing  for  elections, 
comprises  all  remaining  to  be  enrolled.  If  the 
Committee  on  Engrossment  can  report  the  judi- 
cial article  now,  I  think  it  can  be  enrolled  by 
two  o'clock. 

The  PRESIDENT.  I  do  not  believe  it  can  be 
done  before  seven  o'clock.  The  clerk  writes  a 
beautiful  hand,  but  very  slowly,  and  I  am  con- 
fident that  it  will  take  him  till  six  or  seven 
o'clock. 


Mr.  KENNEDY.  In  order  to  test  the  sense 
of  the  Convention,  I  will  move  that  the  Com- 
mittee on  Enrollment  be  instructed  to  employ 
such  additional  clerical  force  as  may  be  neces- 
sary to  finish  the  enrollment  of  the  Constitution 
by  ten  o'clock  to-night. 

Mr.  CHAPIN.  Some  of  the  sheets  which 
have  been  damaged  by  rain  may  still  be  saved, 
perhaps.  One  object  of  the  committee  which 
has  been  appointed,  I  suppose,  is  to  guard 
against  such  accidents.  If  they  are  not  dam- 
aged so  much  that  they  cannot  be  read,  the 
committee  can  report  them,  and  then  it  will  be 
the  duty  of  the  special  committee  to  have  them 
re-enrolled. 

Mr.  HAWLEY.  I  think  it  probable  that 
those  sheets  are  all  replaced  by  this  time. 

The  PRESIDENT.  I  am  very  sure  they  are 
not. 

Mr.  KINKEAD.  If  gentlemen  will  suspend 
the  discussion  a  few  minutes,  I  will  report 
three  articles  from  the  Committee  on  Phrase- 
ology, which  will  give  the  Enrolling  Clerk 
something  to  do. 

The  PRESIDENT.  I  had  some  experience 
on  this  subject  in  the  Convention  of  last  year, 
and  I  remember  that  when  we  had  mainly  com- 
pleted our  labors  we  were  delayed  two  or  three 
days  on  account  of  the  enrollment.  We  can 
employ  several  clerks,  and  let  one  enroll  one 
article,  another  a  different  one,  and  so  on.  I 
think  we  can  procure  the  services  of  two  or 
three  competent  gentlemen  now  engaged  in 
Secretary  Clemens'  office,  who  will  cheerfully 
assist  in  the  enrollment. 

The  question  was  taken  on  the  motion  of  Mr. 
Kennedy,  and  it  was  agreed  to. 

PHRASEOLOGY. 

[Mr.  Collins  in  the  chair.] 

Mr.  KINKEAD,  from  the  Committee  on 
Phraseology  and  Arrangement,  submitted  the 
following  report : 

Mb.  President  : — Your  Committee  on  Phraseology 
have  had  under  consideration  Articles  VII,  XI,  and 
XVI,  of  the  Constitution,  and  beg  leave  to  report  the 
following  corrections  and  alterations  : 

In  Section  1  of  Article  VII,  after  the  word  "  Gov- 
ernor," in  the  fourth  Une  from  the  bottom,  insert  "or 
Lieutenant  Governor." 

Section  2  of  same  article,  strike  out  the  words  "un- 
der this  State  Government,"  in  third  line. 

Section  3,  same  article,  strike  out  the  words  "  and 
coimty,"  in  seventh  line. 

In  Section  5,  Article  XI,  strike  out  the  words  "  see 
fit,"  and  insert  the  words  "  deem  necessary,"  in  sixth 
line. 

Same  section,  strike  out  the  word  "common  "  before 
"  schools."  in  the  eighth  line. 

In  Section  7,  same  article,  substitute  the  word  "con- 
stitute "  for  "  be,"  in  sixth  line. 

In  Section  8,  strike,  out  "the,"  where  it  occurs  in 
the  sixth  line. 

Insert  in  same  section,  after  the  word  "lost,"  in 
fourth  line  from  bottom,  the  words  "or  misappropri- 
ated." 

In  same  section,  third  line  from  bottom,  insert  the 
word  "  principal "  in  lieu  of  " capital." 

They  also  recommend  the  insertion  of  the  words 
"(if  an  oath)"  —  in  parentheses  —  after  the  word 
"  enter,"  in  last  line  of  Section  2  of  Article  XVI ;  and 


744 


PHRASEOLOGY— ENROLLMENT. 


[20th  day. 


Tuesday,] 


KixKEAD— DeLoxg — Brosnan — President — Tagliabui; — Chapin. 


[July  2G. 


add  to  the  section  the  words,   "  (if  an  af&rmation,) 
under  the  paius  and  penalties  of  perjury." 

Also,  strike  out  the  word  "and  "  where  it  occurs  be- 
fore "18G7,"  and  "1875,"  in  Section  13,  Article  XVI. 

All  of  which  if  respectfully  submitted. 

J.  H.  KiNKEAD,  Chairman. 

The  PRESIDENT  pro  iem.  If  there  is  no  ob- 
jection, these  amendments  will  be  considered  in 
their  order,  and  each  section  read  with  its  pro- 
posed amendments,  so  as  to  be  understood  by 
every  member.  The  Secretary  will  read  the 
amendments,  and  the  sections  or  clauses,  as 
amended. 

The  SECRETARY.  The  first  amendment  is— 
In  Section  1  of  Article  VII,  after  the  word  "Gov- 
ernor," in  fourth  line  from  the  bottom,  insert  "  or 
Lieutenant  Governor." 

The  clause  will  then  read  : 

"The  Chief  Justice  of  the  Supreme  Court  shall 
preside  over  the  Senate  while  sitting  to  try  the  Gov- 
ernor or  Lieutenant  Governor  upon  impeachment." 

The  next  amendment  is — 

"Section  2,  of  same  article,  strike  out  the  words 
'under  this  State  Government,'  in  third  hne." 

It  will  then  read  : 

"The  Governor,  and  other  State  and  jixdicial  officers, 
except  Justices  of  the  Peace,  shall  be  liable  to  imjieach- 
meut  for  misdemeanor,  or  malfeasance  in  office." 

Mr.  KINKEAD.  Those  words  made  rather  a 
bad  sentence,  and  the  committee  did  not  see 
that  they  meant  anything. 

Mr.  DeLONG.  I  cannot  see  how  the  section 
could  have  reference  to  any  other  officers  than 
those  "  under  this  State  Government." 

Mr.  BROSNAN.  The  words  are  clearly  su- 
perfluous. 

The  SECRETARY.  The  next  amendment  is— 

"Section  3,  same  article,  strike  out  the  words  'and 
county,'  in  seventh  Une. " 

The  sentence  will  then  read  : 

"For  any  reasonable  cause,  to  be  entered  on  the 
iournals  of  each  House,  which  may  or  may  not  be  suf- 
licient  grounds  for  impeachment,  the  Chief  Justice 
and  Associate  Justices  of  the  Supreme  Court,  and 
Judges  of  the  District  Courts,  shall  be  removed  from 
office  on  the  vote  of  two-thirds  of  the  members  elected 
to  each  branch,"  etc. 

The  next  are  as  follows : 

"  In  Section  5,  Article  XI,  strike  out  the  words  '  see 
fit,' and  insert  the  words  'deem  necessary,'  in  sixth 
line.' 

Same  section,  strikeout  the  word  "common,"  before 
"  schools,"  in  eighth  Une. 

The  first  part  of  the  section  will  then  read  as 
follows : 

"  The  Legislature  shall  have  power  to  establish  Nor- 
mal Schools,  and  such  dillerent  grades  of  schools,  from 
tlic  primary  department  to  the  Univer.sity,  as  in  their 
discretion  they  may  deem  necessary  ;  and  all  iirofes- 
sors  in  said  University,  or  teachers  in  said  schools,  of 
whatever  grade,  shall  be  required  to  take  and  subscribe 
to  the  oath,  as  prescribed  m  Article  XVI  of  this  Con- 
stitution." 

The  next  amendment  is  in  Section  7,  of  the 
same  article,  to  sub.stitute  the  word  "consti- 
tute "  for  "  be,"'  in  the  sixth  line,  so  as  to  read  : 

"The  Governor,  Secretary  of  State,  and  the  Super- 
intendent of  Public  Instruction,  shall,  for  the  first 
four  years,  and  until  their  successors  are  elected  and 
qualified,  constitute  a  Board  of  Begents,"  etc. 


The  next  amendments  are  in  Section  8,  of  the 
same  article — to  strike  out  "  the"  where  it  oc- 
curs in  the  .sixth  line,  so  as  to  read — "make  it 
most  effective  and  useful,"  instead  of  "make 
it  the  most  effective  and  useful.''  Also,  in  the 
same  section,  to,  insert  after  the  word  "  h  st," 
ih  the  fourth  line  from  the  bottom,  the  words 
"or  misappropriated;"'  and  in  the  third  line 
from  the  bottom,  the  word  "principal,"  in  lieu 
of  "capital."  The  concluding  portion  of  the 
section  will  then  read  : 

"  And  the  Legislature  shall  provide  that  if  through 
neglect,  or  any  other  contingency,  any  portion  of  the 
fund  so  set  ai^art  shall  be  lost  or  misappropriated,  the 
State  of  Nevada  shall  replace  said  amoiuit  so  lost  or 
misappropriated  in  said  fund,  so  that  the  principal  of 
said  fund  shall  remain  forever  undiminished." 

THE   ENROLLMENT — AGAIN. 

[The  President  in  the  chair.] 

The  PRESIDENT.  I  will  state,  for  the  in- 
formation of  members  of  the  Convention,  that 
the  gentleman  from  Douglas,  (Mr.  Hawley,) 
and  I  went  into  the  office  of  the  Secretary  of 
the  Territory,  and  although  we  found  his  clerks 
very  busy  with  some  pressing  work,  yet  two  or 
three  of  them  expressed  a  willingness  to  assist 
in  the  enrollment,  and  will  be  ready  to  proceed 
with  the  work  as  soon  as  we  are  ready  for 
them. 

Mr.  TAGLIABUE.  Do  they  think  they  can 
complete  the  enrollment  this  evening? 

The  PRESIDENT.  They  will  work  at  it  as 
diligently  as  they  can.  The  Secretary  himself 
is  absent,  and  one  of  the  clerks  does  not  feel 
authorized,  in  his  absence,  to  leave  his  other 
duties  and  assist  in  the  enrollment,  but  the 
other  two  will  do  so. 

PHRASEOLOGY — AGAIN. 

The  Convention  resumed  the  reading  and 
consideration  of  the  amendments  reported  by 
the  Committee  on  Phraseology. 

The  SECliETART.  The  next  amendment  is 
in  the  oath,  in  Section  2  of  Article  XVI.  The 
committee  propose  to  insert  after  "  enter,"  in 
the  last  line,  the  words  "  (if  an  oath)  ;"  and  to 
add  to  the  section  the  following :  "  (if  an  affirm- 
ation), under  the  pains  and  penalties  of  per- 
jury."  The  concluding  sentence  will  then  read  : 

"And  further,  that  I  will  well  and  faithfully  jierform 

all   the    duties  of   the  office   of on  which  I  am 

about  to  enter  ;  (if  an  oath)  so  help  me  God  ;  {if  an 
affirmation)  under  the  pains  and  ijenalties  of  perjury." 

The  next  and  last  amendment  is — 

Also  strike  out  the  the  word  "  and,"  where  it  occurs 
before  "  18G7  "  and  "  1875,"  in  Section  13,  Article  XVI. 

Mr.  CHAPIN.  Let  us  hear  how  that  will 
read,  as  amended.  Sometimes  these  little  words 
make  a  wonderful  sight  of  difference.  For  in- 
stance, in  one  place  I  should  like  to  strike  out 
the  word  "  Carson  "  and  insert  "  Virginia,''  and 
the  change  of  that  one  word  would  remove 
the  Capital. 

Mr.  DeLONG.    A  capital  idea. 

Mr.  KINKEAD.  It  should  be  a  capital  of- 
fense.    [Merriment.] 


20th  day.] 


EDUCATION. 


745 


Tuesday,] 


McClintox— Dunne— KiNKEAD— Collins— Chapin. 


[July  26. 


The  SECRETARY  read  Section  13,  as  pro- 
posed to  be  ameaded,  as  follows  : 

Sec.  13.  The  enumeratiou  of  the  inhabitants  of  this 
State  shall  be  talien,  under  the  direction  of  the  Legis- 
lature, if  deemed  necessary,  in  the  years  1865,  1867, 
1875,  and  every  ten  years  thereafter  ;  and  those  enu- 
merations, together  with  the  census  that  may  be  taken 
under  the  direction  of  the  Congress  of  the  United 
States  in  the  year  1870,  and  every  subsequent  ten 
years,  shaU  serve  as  the  basis  of  representation  in  both 
houses  of  the  Legislature. 

EDUCATION — SCHOOL   FUND. 

Mr.  McCLINTON.  In  Section  7,  of  the  arti- 
cle on  Education,  the  laau:uage  is,  that  the 
Board  of  Regents  shall  manage  the  affairs  of 
the  University,  etc.,  "  under  such  regulations  as 
may  be  provided  by  law."  It  occurs  to  me 
that  it  would  read  better  to  say,  •'  as  may  be 
prescribed  by  law." 

The  PRESIDENT.  The  question  now  pre- 
sented is  simply  on  the  amendments  reported 
by  the  Committee  on  Phraseology.  It  is  in 
order,  of  course,  to  amend  the  committee's 
amendments,  but  separate  and  independent 
amendments  cannot  be  made  at  this  time.  I 
will  suggest,  however,  that  at  a  subsequent 
stage,  amendments  may  be  adopted  by  unani- 
mous consent. 

Mr.  DUNNE.  I  call  attention  to  the  amend- 
ment in  the  article  on  Education,  to  insert 
"  principal  "  in  lieu  of  "  capital,"  in  Section 
8.  It  did  read  in  the  engrossed  copy,  "  prin- 
cipal and  interest,"  and  the  point  was  made 
whether,  if  we  were  to  preserve  the  interest  of 
the  school  fund  undiminished,  it  could  ever 
be  taken  or  used,  in  any  manner.  There- 
ff^re,  as  the  real  object  was  to  preserve  undi- 
minished both  the  principal  and  interest,  up  to 
a  certain  time,  before  commencing  to  expend 
it  for  its  legitimate  purposes,  to  include  the 
matter  in  one  word,  and  in  order  to  tie  up  the 
interest  also  for  a  certain  period,  as  I  under- 
stood, the  word  "capital  "  was  inserted,  instead 
of  "  principal  and  interest,"  both  being  includ- 
ed in  that  word.  The  Committee  on  Phraseol- 
ogy now  recommend  that  the  word  '•  princi- 
pal "  only,  be  used. 

Mr.  KINK E AD.  The  committee  supposed 
that  the  provision  was  intended  to  include  only 
the  original  amount  invested  in  this  fund,  and 
referring  only  to  that  the  committee  considered 
that  "  principal  "  was  a  more  appropriate  word 
than  "  capital,"  the  latter  word  being  used, 
as  a  general  ihinw,  only  in  reference  to  com- 
mercial transaciioas. 

Mr.  COLLINS.  I  will  state  that  the  law  of 
Congress  under  which  the  State  is  to  receive 
from  the  General  Government  those  ninety 
thousand  acres  of  land — thirty  thousand  acres 
for  each  member  of  Congress — malces  it  oblig- 
atory that  the  proceeds  of  that  land  shall  be 
set  apart  and  invested  exclusively  for  the  ben- 
efit of  a  college  in  which  certain  specified 
branches  of  knowledge  are  to  be  taught.  The 
obligation  applies  to  the  entire  proceeds  of  that 
land,  which  includes  both  principal  and  inter- 


est, and  it  requires  the  State  to  be  responsible 
for  it.  I  remember  that  the  section  was  origi- 
nally reported  with  the  words  "principal  and 
interest,"  but  after  a  discussion  of  considerable 
length,  the  word  "  capital  "  was  substituted  Ity 
the  Convention  as  being  preferable.  It  occurs 
to  me,  however,  that  this  word  "  principal  "  is 
certainly  to  be  preferred. 

Mr.  DUNNE.  May  I  ask  the  gentleman  from 
Storey  (Mr.  Collins)  a  question  ?  Was  it  the 
intention  that  the  interest  should  be  allowed 
to  accumulate  and  go  in  with  the  principal? 
I  understood  it  was  the  design  of  the  Com- 
mittee on  Education  that  the  principal  and 
interest  should  remain  undiminished,  in  order 
to  allow  a  certain  amount  of  the  interest  that 
would  accrue  to  accumulate  for  a  given  time, 
before  the  expenditure  of  the  money  should 
commence.  If  that  was  not  the  desire  or  inten- 
tion of  the  committee,  then  I  can  see  no  force 
in  the  use  of  the  word  "  capital  "  instead  of 
"principal."  Believing  that  to  be  the  inten- 
tion of  the  committee,  understanding  that  there 
was  a  certain  principal  fund  to  be  obtained, 
and  the  interest  on  that  to  accumulate  for  a 
certain  length  of  time,  and  wishing  to  preserve 
that  fund,  and  the  interest  upon  it  up  to  that 
time,  undiminished,  I  moved  to  make  the  amend- 
ment which  was  adopted,  inserting  the  word 
"  capital"  instead  of  "  principal."  Now  if  the 
interest  is  not  to  go  into  and  become  a  part  of 
the  capital  fund,  then  that  amendment  was 
incorrect,  and  should  not  have  been  made  in 
the  first  place. 

Mr.  COLLINS.  The  original  intention  of 
the  committee,  as  has  often  been  stated,  was 
that  the  interest  should  accumulate  with  the 
principal,  and  should  be  set  aside  and  invested 
from  time  to  time  for  the  benefit  of  the  agri- 
cultural and  mechanical  departments  of  the 
college  ;  but  the  Convention  felt  indisposed  to 
tie  up  more  than  the  capital  itself  in  that  man- 
ner— that  is,  the  original  sum,  or  the  principal. 
Therefore.  I  do  not  see  the  force  of  the  word 
"capital,"  because  if  it  was  intended  to  tie  up 
both  the  principal  and  interest,  it  was  not  in 
accordance  with  the  design  of  the  Convention, 
which  was  to  hold  the  original  sum  only,  allow- 
ing the  interest  to  be  at  the  disposal  of  the 
Board  of  Regents,  to  be  appropriated  accord- 
ing to  the  judgment  and  discretion  of  that 
Board,  under  the  provisions  of  the  law  of  Con- 
gress granting  the  ninety  thousand  acres  to 
this  State.  It  appears  to  me  that  "  principal  " 
is  the  better  word. 

Mr.  DUNNE.  I  am  satisfied  with  that  ex- 
planation, and  see  that  I  was  in  error  in  intro- 
ducing the  amendment  originally. 

Mr.  CHAPIN.  Now  I  move  that  the  entire 
report  of  the  Committee  on  Phraseology  be 
adopted. 

The  PRESIDENT.  The  question  will  bo  first 
on  the  amendments  reported  to  Article  VII.  en- 
titled Impeachment  and  Removal  from  Office. 

The  question  was  taken,  und  the  amendments 
to  Article  VII  were  agreed  to. 


746 


RESOLUTIONS— SCHEDULE. 


[20th  day. 


Tuesday,] 


McClixton— Ddxne — Kixkead — Brosnan — Chapin — Warwick. 


[July  26, 


The  PRESIDENT.  The  next  question  is  on 
the  ameudments  to  Article  XI,  entitled  Edu 
cation. 

Mr.  McCLINTON.  I  do  not  want  to  waste 
the  time  of  the  Convention,  but  I  would  like 
to  see  this  article,  especially,  made  as  correct 
in  its  grammatical  construction  as  it  is  possible 
to  m  ike  it,  in  the  short  time  allowed  for  its  con- 
sideration. I  certainly  do  think  that  the  lan- 
guage in  Section  7,  where  it  says  "  under  such 
regulations  as  may  be  provided  by  law,"  is  not 
as  good  as  it  would  be  to  say  "  as  shall  be  pre- 
scribed by  law."  That  is  the  word  which  is 
almost  universally  employed  in  that  connection 
— "  the  Legislature  shall  prescribe.''^  If  one 
goes  to  a  physician  when  he  is  in  ill-health,  the 
physician  does  not  "provide"  for  him;  he 
"prescribes." 

The  PRESIDENT.  The  amendment  which 
the  gentleman  suggests  is  not  contained  in  the 
report  of  the  committee ;  and  the  gentleman 
will  bear  in  mind  that  the  article  may  be  sub- 
ject to  amendment  hereafter. 

Mr.  McCLINTON.     Very  well. 

The  question  was  taken  on  the  amendments 
reported  to  Article  XI,  and  they  were  agreed 
to. 

The  question  was  next  taken  on  the  amend- 
ments reported  by  the  Committee  on  Phrase- 
ology to  Article  XVI,  entitled  Miscellaneous 
Provisions,  and  they  were  agreed  to. 

Mr.  DUNNE.  I  would  inquire  whether  the 
section  prohibiting  perpetuities,  adopted  as 
Section  I,  by  resolution  of  the  Convention,  has 
been  incorporated  in  this  article? 

Mr.  KINKEAD.  It  has,  in  obedience  to  the 
order  of  the  Convention.  We  found  no  error 
in  it,  and  therefore  there  was  no  occasion  to 
refer  to  it  in  this  report. 

Mr.  BROSNAN.  I  would  inquire  if  Section 
6,  as  printed,  limiting  the  aggregate  number  of 
members  of  the  Legislature  to  seventy-five,  has 
been  transferred  from  the  article? 

The  SECRETARY.    No,  sir  ;  it  is  here. 

official  minutes  of  the  convention. 

Mr.  CHAPIN  offered  the  following  resolu- 
tion : 

Resolved,  That  the  minutes  of  this  Convention,  and 
the  Constitution  when  finally  enrolled,  be  deposited 
with  the  Secretary  of  Nevada  Territory  for  safe  keep- 
ing ;  provided,  that  the  Official  Reiiorter  of  this  Con- 
vention shall  be  allowed  the  use  of  the  said  minutes 
while  preparing  his  report  of  the  debates  and  proceed- 
ings of  this  Convention. 

The  question  was  taken,  and  the  resolution 
was  adopted. 

THE  DEBATES  AND  PROCEEDINGS. 

Mr.  CHAPIN.  I  have  another  resolution  to 
offer. 

The  SECRETARY  read  the  resolution,  as 
follows : 

Resolved,  That  the  volume  or  volumes  of  the  debates 
and  proceedings  of  the  Convention,  as  provided  for  in 
the  Schedule  of  the  Constitution  shall  contain  : 

Ist.    An  introduction,  embracing  a  brief  outline  of 


the  history  of  the  Territory  of  Nevada,  to  be  prepared 
by  the  Hon.  C.  M.  Brosnan. 

2d.     The  Organic  Act  of  the  Territory  of  Nevada. 

3d.  The  Enabling  Act,  providing  for  this  Conven- 
tion. 

4th.  The  Homograjihic  Chart  of  the  members  and 
officers  of  the  Convention. 

5th.  The  Debates  and  Proceedings  of  the  Conven- 
tion (not  including  debates  on  points  of  order.) 

Cth.    The  Constitution,  as  finally  adopted. 

7th.     The  Index. 

Mr.  WARWICK.  I  do  not  know  as  it  would 
be  exactly  right  in  this  resolution,  and  yet  I  do 
not  see  why  it  is  not  perfectly  proper  to  provide 
for  giving  at  least  one  copy  of  the  debates  to 
each  member  of  the  Convention. 

The  PRESIDENT.  A  section  of  the  Sched- 
ule, which  we  have  adopted,  provides  for  the 
publication  of  six  hundred  copies,  and  I  think 
the  Legi-slature  will  give  one  or  two  copies  to 
each  member  of  the  Convention,  in  token  of 
his  services. 

Mr.  WARWICK.  I  think  it  very  possible 
that  the  first  Lesislature  will  distribute  them 
all  among  themselves  and  their  friends. 

The  PRESIDENT.  Provision  has  already 
been  made  in  the  Schedule  for  the  publication 
of  the  debates  and  proceedings,  and  the  com- 
pensation of  the  reporter,  and  this  resolution 
is  in  conformity  with  the  constitutional  provis- 
ion alreadv  adopted. 

Mr.  WARWICK.  I  should  like  to  reach  that 
matter  in  some  way. 

The  question  was  taken,  and  the  resolution 
was  adopted. 

THE    SCHEDULE. 

Article  XVII,  entitled  Schedule,  was  taken 
up,  on  its  third  reading. 

Mr.  McCLINTON.  I  have  an  impression 
that  there  is  one  section  of  this  article  which 
was  not  read  yesterday. 

The  SECRETARY.  There  is  only  one  sec- 
tion that  was  not  read  yesterday,  from  a  half  a 
dozen  to  a  dozen  times  :  that  is  the  section 
which  was  inserted  last  night  on  the  motion  of 
the  gentleman  from  Storey  (Mr.  Brosnan.) 

The  PRESIDENT.  That  section  was  adopt- 
ed, and  thereupon  transferred  to  this  article. 

The  SECRETARY  read  Sections  1  to  12,  in- 
clusive, as  follows  : 

Section  1.  That  no  inconvenience  may  arise  by 
reason  of  a  change  from  a  Territorial  to  a  permanent 
State  Government,  it  is  declared  that  all  rights,  actions, 
prosecutions,  judgments,  claims,  and  contracts,  as 
well  of  individuals  as  of  bodies  corporate,  including 
counties,  towns,  and  cities,  shall  continue  as  if  no 
change  had  taken  place  ;  and  all  process  which  may 
issue  under  the  authority  of  the  Territory  of  Nevada, 
previous  to  its  admission  into  the  Union  as  one  of  the 
United  States,  shall  be  as  valid  as  if  issued  in  the  name 
of  the  State  of  Nevada. 

Sec.  2.  All  laws  of  the  Territory  of  Nevada,  in 
force  at  the  time  of  the  admission  of  this  State,  not  re>- 
pugnant  to  this  Constitution,  shall  remain  in  force 
until  they  expire  by  tlieir  own  limitations,  or  be  alter- 
ed or  repealed  by  the  Legislature. 

Sec.  3.  All  fines,  penalties,  and  forfeitures  accruing 
to  the  Territory  of  Nevada,  or  to  the  people  of  the 
United  States  in  the  Territory  of  Nevada,  shall  inure 
to  the  State  of  Nevada. 

Sec.  i.   All  recognizances  heretofore  taken,  or  which 


20th  day.] 


SCHEDULE. 


747 


Tuesday,] 


Chapin—DeLong— Proctor— Donne— Warwick. 


[July  26. 


may  be  taken  before  the  change  from  a  Territorial  to  a 
permanent  State  Government,  shall  remain  valid,  and 
shall  pass  to,  and  may  be  prosecuted  in  the  name  of 
the  State  ;  and  all  bonds  executed  to  the  Governor  of 
the  Territory,  or  to  any  other  officer  or  court  in  his  or 
their  official  capacity,  or  to  the  people  ef  the  United 
States  in  the  Territory  of  Nevada,  shall  pass  to  the 
Governor,  or  other  officer  or  court,  and  his  or  their 
successors  iu  office,  for  the  uses  therein  respectively 
expressed,  and  may  be  sued  on,  and  recovery  had  ac- 
cordingly; and  all  property,  real,  personal,  or  mixed, 
and  all  judgments,  bonds,  specialties,  choses  in  ac- 
tion, claims  and  debts  of  whatsoever  description,  and 
all  records  and  public  archives  of  the  Territory  of  Ne- 
vada, shall  issue  to  and  vest  in  the  State  of  Nevada, 
and  may  be  sued  for  and  recovered  in  the  same  man- 
ner and  to  the  same  extent  by  the  State  of  Nevada,  as 
the  same  could  have  been  by  the  Territory  of  Nevada. 
All  criminal  prosecutions  and  penal  actions  which  may 
have  arisen,  or  which  may  arise  before  the  change  from 
a  Territorial  to  a  State  Government,  and  which  shall 
then  be  pending,  shall  be  prosecuted  to  judgment  and 
execution  in  the  name  of  the  State.  All  offenses  com- 
mitted against  the  laws  of  the  Territory  of  Nevada 
before  the  change  from  a  Territorial  to  a  State  Govern- 
ment, and  which  shall  not  be  prosecuted  before  such 
change,  may  be  prosecuted  in  the  name  and  by  the 
authority  of  the  State  of  Nevada  with  like  effect  as 
though  such  change  had  not  taken  place,  and  all  pen- 
alties incurred  shall  remain  the  same  as  if  this  Consti- 
tution had  not  been  adopted.  All  actions  at  law  and 
suits  in  equity,  and  other  legal  proceedings,  which 
may  be  pending  in  any  of  the  courts  of  the  Territory 
of  Nevada  at  the  time  of  the  change  from  a  Territorial 
to  a  State  Government,  may  be  continued  and  trans- 
ferred to  and  determined  by  any  court  of  the  State 
which  shall  have  jurisdiction  of  the  subject  matter 
thereof.  All  actions  at  law,  and  suits  in  equity,  and 
all  other  legal  jiroceedings,  which  maj'  be  pending  in 
any  of  the  courts  of  the  Territory  of  Nevada  at  the 
time  of  the  change  from  a  Territorial  to  a  State  Gov- 
ernment, shall  be  continued  and  transferred  to,  and 
may  be  prosecuted  to  judgment  and  execution  in  any 
court  of  the  State  which  shall  have  jurisdiction  of  the 
subject  matter  thereof  ;  and  all  books,  papers,  and 
records,  relating  to  the  same,  shall  be  transferred  in 
like  manner  to  such  court. 

Sec.  5.  Until  otherwise  jsrovided  by  the  Legislature, 
the  apportionment  of  Senators  and  Assemblymen  in  the 
different  counties  shall  be  as  follows,  to  wit  :  Storey 
County,  four  Senators  and  twelve  Assemblymen  ; 
Douglas  County,  one  Senator  and  two  Assemblymen  ; 
Esmeralda  County,  two  Senators  and  four  Assembly- 
men ;  Humboldt  County,  two  Senators  and  three  As- 
semblymen ;  Lander  County,  two  Senators  and  four 
Assemblymen  ;  Lyon  County,  one  Senator  and  three 
Assemblymen;  Lyon  and  Churchill  Counties,  one  Sen- 
ator jointly;  Churchill  County,  one  Assemblyman; 
Nye  County,  one  Senator  and  one  Assemblyman ;  Wash- 
oe and  Roop  Counties,  two  Senators  and  three  Assem- 
blymen ;  Ormsby  County,  two  Senators  and  three 
Assemblymen. 

Sec.  6.  All  debts  and  UabiUties  of  the  Territory  of 
Nevada,  lawfully  incurred,  and  which  remain  unpaid 
at  the  time  of  the  admission  of  this  State  into  the 
Union,  shall  be  assumed  by,  and  become  the  debt  of 
the  State  of  Nevada. 

Sec.  7.  The  term  of  State  officers,  except  judicial, 
elected  at  the  first  election  under  this  Constitution, 
shall  continue  until  the  Tuesday  after  the  first  Monday 
of  January,  A.  D.  1867,  and  until  the  election  and  quah- 
fication  of  their  successors. 

Sec.  8.  The  Senators  to  be  elected  at  the  first  elec- 
tion under  this  Constitution  shall  draw  lots,  so  that  the 
term  of  one-half  the  number,  as  near  as  may  be,  shall 
expire  on  the  day  succeeding  the  general  election  in  A. 
D.  18()6,  and  the  term  of  the  other  half  shall  expire  on 
the  day  succeeding  the  general  election  in  A.  D.  1808  ; 
provided,  that  in  drawng  lots  for  all  Senatorial  terms, 
the  Senatorial  representation  shall  be  allotted  so  that 
in  the  counties  having  two  or  more  Senators  the  terms 
thereof  shall  be  divided,  as  near  as  may  be,  between 
the  long  and  short  terms. 

Sec.  9.    At  the  general  election  in  A.  D.  186G,  and 


thereafter,  the  term  of  Senators  shall  be  for  four  years 
from  the  day  succeeding  such  general  election,  and 
members  of  Assembly  for  two  years  from  the  day  suc- 
ceeding such  general  election,  and  the  terms  of  Sena- 
tors shall  be  aUotted  by  the  Legislature  in  long  and 
short  terms,  as  hereinbefore  provided,  so  that  one-half 
the  number,  as  nearly  as  may  be,  shall  be  elected 
every  two  years. 

Sec.  10.  The  term  of  members  of  the  Assembly 
elected  at  the  first  election  under  this  Constitution, 
shall  expire  on  the  day  succeeding  the  general  election 
in  A.  D.  1865,  and  the  terms  of  those  elected  at  the 
general  election  A.  D.  1865,  shall  expire  on  the  day  suc- 
ceeding the  general  election  A.  D.  1866. 

Sec.  11.  The  first  regular  session  of  the  Legislature 
shall  commence  on  the  second  Monday  of  December, 
A.  D.  1884,  and  the  second  regular  session  of  the  same 
shall  commence  on  the  first  Monday  of  January,  A.  D. 
1866,  and  the  third  regular  session  of  the  Legislature 
shall  be  the  first  of  the  biennial  sessions,  and  shall 
commence  on  the  first  Monday  of  January,  A.  D.  1867, 
and  the  regular  sessions  of  the  Legislature  shall  be 
held  thereafter  biennially,  commencing  on  the  first 
Monday  of  January. 

Sec.  12.  All  county  officers,  under  the  laws  of  the 
Territory  of  Nevada  at  the  time  when  this  Constitution 
shall  take  effect,  whose  offices  are  not  inconsistent 
with  the  provisions  of  this  Constitution,  shall  continue 
in  office  until  the  first  Monday  of  January,  A.  D.  1867, 
and  until  their  successors  shall  be  elected  and  quaUfied; 
and  all  township  officers  shall  continue  in  office  until 
the  expiration  of  their  terms  of  office,  and  until  their 
successors  are  elected  and  quaUfied.  Provided,  that 
the  Probate  Judges  of  the  several  counties  respective- 
ly, shall  continue  in  office  until  the  election  and  quali- 
fication of  the  District  Judges  of  the  several  counties 
or  judicial  districts.  And  further  provided,  that  the 
terms  of  the  iireseut  county  officers  of  Lander  County 
shall  expire  on  the  first  Monday  of  December,  1864, 
and  until  the  election  and  qualification  of  the  succes- 
sors of  such  officers  as  are  not  inconsistent  with  the 
provisions  of  this  Constiution.  The  several  county 
officers  of  said  County  of  Lander  shall  be  chosen  at 
the  general  election  in  November,  A.  D.  1864. 

LANDER  COUNTY  OFFICERS. 

Mr.  CHAPIN.  It  seems  to  me  the  last  pro- 
viso, in  the  section  just  read,  does  not  sound 
exactly  right.  It  says — "  the  terms  of  the 
present  county  officers  of  Lander  County  shall 
expire  on  the  first  Monday  of  December,  1864, 
and  until  the  election  and  qualification  of  the 
successors  of  such  officers."  They  are  to  ex- 
pire at  the  time  specified,  and  until  something 
else  happens. 

The  PRESIDENT.  It  is  so  in  the  original ; 
the  engrossment  is  correct. 

Mr.  DeLONGt.  It  is  bad  grammar,  at  any 
rate. 

Mr.  PROCTOR.  I  will  move  to  insert  "hold 
office,"  instead  of  "  expire." 

Mr.  DUNNE.  Suppose  we  pass  the  section 
temporarily,  and  let  the  gentleman  from  Lan- 
der (Mr.  Warwick)  give  his  attention  to  it. 

Mr.  WARWICK.  It  seemed  to  me  yesterday, 
that  there  was  some  little  difficulty  about  that 
language,  as  it  was  read  at  the  desk. 

Air.  CHAPIN.  Let  us  proceed  with  the  read- 
ing, and  give  the  gentleman  from  Lander  an 
opportunity  to  prepare  an  amendment. 

The  PRESIDENT.  If  there  is  no  objectioa 
that  course  will  be  taken.  The  Secretary  will 
proceed. 

THE   SCHEDULE — CONTINUED. 

Sections  13  and  14  were  read,  as  follows : 


748 


SCHEDULE. 


[20th  day. 


Tuesday,] 


Dunne— Chapin— President — Bbosnan — Kinkead— Warwick. 


[July  26. 


Sec.  13.  The  Governor,  Secretary,  Treasurer,  and 
Siiperiutondent  of  Public  lustructiDU  of  the  Territory 
of  Nevada,  shall  each  coutiime  to  discharKe  the  duties 
of  their  respective  offices  after  the  admission  of  this 
State  into  the  Union,  and  until  the  time  designated  for 
the  qiialitiration  of  the  above  named  officers  to  be 
electid  under  the  State  Government  ;  and  the  Terri- 
torial Auditor  shall  continue  to  discharge  the  duties  of 
his  said  office  until  the  time  appointed  for  the  qualifi- 
cation of  the  State  Controller  ;  provided,  that  said 
officers  shall  each  receive  the  salaries  and  be  subject  to 
the  restrictions  and  conditions  as  provided  in  this  Con- 
stitution ;  and  provided  further,  that  none  of  them 
shall  receive  to  his  own  use  any  fees  or  perquisites  for 
the  performance  of  any  duty  connected  with  his  office. 

Sec.  14.  The  terms  of  the  Supreme  Court  shall,  un- 
til provision  be  made  by  law,  be  held  at  such  times 
as  the  judges  of  said  court,  or  a  majority  of  them, 
may  appoint.  The  first  terms  of  the  several  District 
Courts,  (except  as  hereinafter  mentioned,)  shall  com- 
mence on  the  first  Monday  of  December,  1864.  The 
first  term  of  the  District  Court  in  the  Fifth  Judicial 
District,  shall  commence  on  the  first  Monday  of  De- 
cember, 18(54,  in  the  County  of  Nye,  and  shall  com- 
mence on  the  first  Monday  of  January,  1865,  in  the 
County  of  ChurchiU.  The"  terms  of  the  Fourth  Judi- 
cial District  shall,  until  otherwise  provided  by  law,  be 
held  at  the  county  seat  of  Washoe  County,  and  the  first 
term  thereof  be  held  on  the  first  Monday  of  Decem- 
ber, 1864. 

Mr.  DUNNE.  It  is  scarcely  necessary,  per- 
haps, to  make  a  formal  motion,  but  as  we  have 
used  the  letters  "A.  D."  before  the  year  through- 
out the  entire  instrument,  I  think  we  had  bet- 
ter insert  them  in  this  section,  for  the  sake  of 
uniformity,  if  nothing  else. 

Mr.  CHAPIN.  There  are  four  places  in  the 
section  where  a  year  is  mentioned  without 
those  initials. 

Mr.  DUNNE.  I  move  that  the  Secretary  in- 
sert the  letters  in  every  case  where  a  year  is 
mentioned. 

The  PRESIDENT.  If  there  is  no  objection, 
the  Secretary  will  make  that  amendment  in 
each  case. 

Sections  15, 16.  and  17,  were  read,  as  follows : 

Sec.  1.5.  The  Governor,  Lieutenant-Governor,  Secre- 
tary of  State,  State  Treasurer,  State  Controller,  Attor- 
ney-General, Surveyor-General,  Clerk  of  the  Supreme 
Court,  and  Sui^erintendent  of  Public  Instruction,  to  be 
elected  at  the  first  election  under  this  Constitution, 
shall  each  be  qualified  and  enter  uiion  the  duties  of 
their  resijective  offices  6n  the  first  Monday  of  Decem- 
ber succeeding  their  election,  and  shall  continue  in 
office  until  the  first  Tuesday  after  the  first  Monday  of 
January,  A.  D.  1867,  and  until  the  election  and  quaUfi- 
cation  of  their  successors  respectively. 

Sec.  16.  The  Judges  of  the  SuiJreme  Covirt,  and 
District  Judges,  i)rovidcd  to  be  elected  at  the  first 
election  under  this  Constitution,  shall  be  qualified  and 
enter  upon  the  duties  of  their  respective  offices  on  the 
first  Monday  of  December  succeeding  tlieir  election. 

Sec.  17.  All  officers  of  State,  and  District  Judges, 
first  elected  under  this  Constit\ition,  shall  be  cummis- 
sioued  by  thc^  Governor  of  this  'I'crritory,  which  com- 
mission shall  be  countersigned  by  the  Secretary  of  the 
same,  and  shall  qualify  before  entering  upon  the  dis- 
charge of  their  duties  Ijefore  any  olliiM'r  authorized  to 
administer  oaths  under  the  laws  of  this  Territory;  and 
also  tlie  State  Controller  and  State  Treasurer  shall,  be- 
fore tliey  qualify  and  enter  upon  the  discharge  of  their 
duties,  execute  and  deliver  to  the  Secretary  of  the  Ter- 
ritory an  official  bond,  made  i)ayable  to  the  i)eople  of 
the  State  of  Nevada,  in  the  sum  of  thirty  thousand 
dollars  each,  to  be  approved  by  the  Governor  of  the 
Territory;  and  shall  also  execute  and  deliver  to  the 
Secrtdary  of  State  such  other  or  further  official  bond 
or  bonds  as  may  be  required  by  law. 


OFFICIAL   BONDS. 

Mr.  CHAPIN.  "To  be  approved  by  the 
Governor  of  this  Territory,"  is  the  way  Section 
17  reads  in  the  enrolled  copy.  I  will  move  to 
so  amend  it,  however,  as  to  read  "to  be  ap- 
proved by  the  Governor  of  the  Territory  of 
Nevada." 

The  PRESIDENT.  I  call  the  attention  of 
the  Convention,  also,  to  the  fact  that  the  lan- 
guage requiring  the  Controller  and  Treasurer 
to  give  bonds,  is  liable  to  the  construction,  and 
probably  that  construction  would  be  given  it, 
that  it  is  too  general.  It  does  not  provide  that 
they  shall  each  give  bonds,  respectively.  I 
suggest  that  the  words  '-each  respectively'" 
should  be  inserted  in  that  sentence. 

Mr.  BROSNAN.  To  come  in  after  the  word 
"  shall ; "  it  would  be  a  very  proper  amend- 
ment. 

Mr.  CHAPIN.  I  will  move  that  amendment, 
then,  so  that  it  will  read — "  and  also  the  State 
Controller  and  State  Treasurer  shall  each  re- 
spectively, before  they  qualify  and  enter  upoQ 
the  discharge  of  their  duties,"  etc. 

Mr.  DUNNE.  How  would  it  do  to  say 
"  severally  ? " 

Mr.  CHAPIN.    I  do  not  like  that  so  well. 

Mr.  BROSNAN.  Then  you  will  want  to 
strike  out  the  word  "each,"  where  it  occurs  in 
the  last  clause,  before  the  words  "  to  be  ap^ 
proved." 

Mr.  CHAPIN.  I  will  include  that  also.  I 
move  to  amend  the  last  clause  of  the  section, 
so  that  it  will  read  as  follows  : 

"And  also  the  State  Controller  and  State  Treasurer 
shall  each  respectively,  before  they  qualify  and  enter 
upon  the  discharge  of  their  dvities,  execute  and  deliver 
to  the  Secretary  of  the  Territory  of  Nevada  an  official 
bond,  made  payable  to  the  people  of  the  State  of  Ne- 
vada, in  the  sum  of  thii'ty  thousand  dollars,  to  be  ap- 
proved by  the  Governor  of  the  Territory  of  Nevada, 
and  shall  also  execute  and  deliver  to  the  Secretary  of 
State  such  other  or  further  bond  or  bonds  as  may  be 
required  by  law." 

Mr.  KINKEAD.  It  appears  to  me  that  the 
provision,  that  it  shall  be  made  payable  to  the 
people  of  the  State  of  Nevada,  is  hardly  neces- 
sary. 

The  PRESIDENT.  This  applies  only  to  the 
officers  first  eltcted.  It  is  designed  that  the 
binds  of  their  successor,*,  who  will  come  into 
office  after  the  State  is  fully  organized,  shall  be 
est  abl  shed  by  law. 

The  question  was  taken  on  the  amendment 
proposed  by  Mr.  CHAPIN,  as  modified,  and  it 
was  agreed  to. 

LANDER   COU.VTr   OFFICERS — AGAIN. 

Mr.  WARWICK.  I  have  prepared  a  substi- 
tute for  the  last  proviso  in  Section  12,  which  I 
will  offer.     I  ask  the  Secretary  to  read  it. 

The  SECRETARY  read,  as  follows  : 

"Provided,  that  the  election  for  all  the  county  offl- 
cors  and  Probate  Judge  of  Lander  County  shall  take 
place  at  tlie 'nc'xt  general  election,  to  be  holden  in  the 
minth  of  November,  A.  D.  1864,  at  which  time  their 
suecessi  irs  shall  be  elected ;  but  the  present  incumbents 
shall  hold  tlieir  offices  tiU  the  first  Monday  of  Decem- 
ber, A.  D.  1864." 


0th  day.] 


SCHEDULE. 


749 


Tuesday,] 


President— Warwick— Gibson— Dunne— Tagliabue— Collins, 


[July  26. 


The  PRESIDENT.  That  will  not  do,  with- 
out excepting  the  Probate  Judge.  The  Pro- 
bate Judges  are  continued  in  office  until  the 
District  Judges  are  elected  ;  but  you  do  not 
intend  that  a  successor  of  the  Probate  Judge 
in  Lander  County  shall  be  elected. 

Mr.  WARWICK.  I  will  modify  that  portion, 
so  as  to  read  : 

"  Pro  u  idee/,  that  the  election  for  all  the  county  offi- 
cers of  Lander  County,  except  Probate  Judge,  shall 
take  place,"  etc. 

The  PRESIDENT.  Can  you  change  the  time 
of  election  as  to  a  part  of  the  officers,  without 
changing  it  as  to  the  whole? 

Mr.  WARWICK.  Will  the  Secretary  read 
the  section  again?    It  is  very  complicated. 

Mr.  GIBSON.  You  might  say,  "  who  shall 
hold  their  offices." 

The  SECRETARY  read  Section  12,  as  en- 
grossed. 

Mr.  DUNNE.  Is  there  not  a  general  provis- 
ion that  all  county  officers,  with  the  exception 
of  the  Probate  Judges,  shall  hold  until  toe  first 
Monday  in  January,  1865  ? 

The  PRESIDENT.  Until  the  first  Monday 
in  January.  181)7,  except  in  Lander  County. 

Mr.  WARWICK.  That  is  the  reason  why 
this  provisD  is  necessary. 

Tbe  PRESIDENT.  In  Lander  County  the 
election  would  not  occur,  under  the  territorial 
laws,  until  September,  ISOo,  and  this  proviso 
would  shorten  the  term  of  office  of  the  present 
incumbents,  ten  or  eleven  months. 

Mr.  DUNNE.  I  inquire  if  there  is  anything 
which  limits  the  term  of  these  officers  elected? 
When  are  they  to  go  out  of  office? 

The  PRESIDENT.  I  think  as  it  now  reads 
they  are  continued  in  office    till  January.  18G5. 

Mr.  WARWICK.  No,  sir  ;  till  the  first  Mon- 
day of  December,  1864. 

Mr.  DUNNE.  But  how  as  to  those  who  are 
elected  to  succeed  them?  It  sbouhl  be  pro- 
vided that  they  shall  go  out  of  office  when  the 
other  county  officers  do. 

The  PRESIDENT.  The  Secretary  will  read 
the  section  again. 

The  SECRETARY  again  read  Section  12, 
and  the  proposed  amendment,  as  modified. 

Mr.  WARWICK.  Now  I  begin  to  see  where 
that  seems  a  little  cloudy.  The  parenthesis  in 
the  middle  is  not  necessary,  and  by  striliing 
that  out.  it  will  malie  it  clearer  and  better. 
The  proviso  should  read  : 

"  Provided,  further.  That  the  terms  of  the  present 
county  officer's  of  Lander  County  shall  expire  on  the 
first  Monday  of  December,  18G4,  and  the  several  county 
ofacers  of  said  County  of  Lander  shall  be  chosen  at 
the  general  election  in  November,  A.  D.  1864." 

Mr.  TAGLIABUE.  If  you  change  "  and  " 
to  "  or,"  would  not  that  do  ?  Then  it  would 
read  •'  shall  expire  on  the  first  Monday  of  De- 
cember, 1864,  or  until  the  election  and  quali- 
fication," etc. 

Mr.  WARWICK.  Perhaps  it  would.  It  is 
"  and  "  now. 

Tbe  PRESIDENT.    I  think,  on  the  contrary. 


that  "  and  "  is  necessary  in  that  connection, 
because  the  officers  are  elected  perhaps  a  month 
or  more  before  they  are  qualified. 

Mr.  TAGLIABUE  My  suggestion  does  not 
refer  to  the  second  "and." 

Mr.  WARWICK.  I  will  offer  the  substitute 
which  I  have  sent  up.  AVill  the  Secretary  read 
it  again. 

The  SECRETARY  again  read  Mr.  Warwick's 
amendment,  as  modified. 

The  PRESIDENT.  Then,  in  order  to  meet 
the  objection  raised  by  the  gentleman  from 
Humboldt,  (Mr.  Dunne,)  it  will  be  necessary  to 
add  a  further  provision,  that  the  terms  of  those 
elected  in  December,  1864,  shall  continue  until 
Jiinuary.  1867. 

Mr.  VVAliWICK.  Yes,  sir.  If  the  Conven- 
tion will  allow  me  a  moment,  I  will  prepare  it. 

Mr.  COLLINS.  I  would  inquire  in  regard 
to  Section  6  of  this  article,  providing  that  the 
State  shall  assume  the  debts  and  liabilities  of 
the  Territory  of  Nevada. 

The  PRESIDENT.  One  moment.  I  will  ask 
the  gentleman  to  forego  his  remarks  on  that 
subject  until  we  get  this  proviso  corrected, 
whilst  it  is  fresh  in  the  minds  of  members. 

Mr.  WARWICK.  I  will  move  the  following 
as  a  substitute  for  the  proviso  : 

"Provided,  That  the  election  for  aU  the  county 
officers  of  Lauder  County,  except  Probate  Judges,  shall 
take  place  at  the  next  general  election,  to  be  holden 
in  the  month  of  November,  A.  D.  1864,  at  which  time 
their  successors  shall  be  elected.  But  the  present  in- 
cumbents shall  hold  their  offices  till  the  first  Monday 
of  December,  A.  D.  1864,  and  their  successors,  elected 
at  the  general  election  in  November,  A.  D.  1864,  shall 
hold  their  respective  offices  until  the  first  Monday  of 
January,  A.  D.  1867." 

CALL   OF   THE   HOUSE. 

Mr.  TAGLIABUE.  I  believe  there  is  not  a 
quorum  present,  and  I  move  a  call  of  the 
House. 

The  SECRETARY,  by  direction  of  tbe  Pres- 
ident, counted  the  Convention  and  reported 
seventeen  members  present,  being  less  than  a 
quorum. 

The  question  was  taken  on  the  motion  that 
there  be  a  call  of  the  House,  and  it  was  agreed  to. 

The  roll  was  called,  and  the  following  mem- 
bers responded  to  their  names  :  Messrs.  Belden, 
Brady.  Brosnan,  Chapin,  Collins,  Crawford, 
Crosman,  Dunne.  Frizi-li,  Folsom,  Kennedy, 
Lockwood,  McClinton,  Murdock,  Proctor.  Tag- 
liabue,  Warwick,  Wetherill,  and  Mr.  President, 
Present,  19  ;  absent,  20. 

The  Sergeant-at-Arms  was  directed  to  arrest 
and  bring  in  absent  meml)ers. 

Messrs.  Gibson,  Kinkead,  and  Hawley  ap- 
peared, stated  their  excuses,  and  were  allowed 
to  take  tlieir  seats. 

On  motion  of  Mr.  TAGLIABUE,  a  quorum 
being  present,  further  proceedings  under  the 
call  were  dispensed  with. 

LANDER    COUNTY'    OFFICERS — AGAIN. 

The  Convention  resumed  the  consideration 
of  Section  12  of  the  Schedule. 


750 


SCHEDULE. 


[20th  day: 


Tuesday,]     Warwick— Chapin — President — Crosman — Dunne — DeLong— Collins.      [July  26. 


Mr.  WARWICK.  I  withdraw  my  amend- 
ment, and  will  merely  move  to  amend  Section 
12.  as  engrossed,  by  adding  thereto  the  follow- 
ing : 

"And  shall  hold  their  respective  offices  until  the 
first  Monday  of  January,  A.  D.  1867." 

Mr.  CHAPIN.  How  does  the  first  part  of 
it  read  ? 

The  SECRETARY.    Just  as  it  stands. 

Mr.  WARWICK.  I  have  endeavored  to  rem- 
edy the  defect,  and  I  believe  the  only  way  is  by 
this  addition. 

The  PRESIDENT.  I  will  suggest  to  the 
gentleman  that  the  original  proviso  be  amended 
by  inserting  "  shall  continue  until,"  instead  of 
"  shall  expire  on." 

Mr.  WARWICK.  I  would  like  to  hear  it 
read  with  that  amendment. 

Mr.  CROSMAN.  The  terms  of  the  present 
county  officers,  I  understand,  expire  in  Jan- 
uary, and  it  is  proposed  by  this  proviso  to  cut 
short  their  terms.  Now,  the  usual  term  being 
for  two  years,  why  should  we  provide  for  the 
election  of  their  successors  for  a  term  of  twenty- 
five  months,  when  in  doing  so  we  are  cutting 
short  the  terms  of  the  present  incumbents?  I 
will  move  to  strike  out  "  December,  1864,"  and 
substitute  "  January,  1865." 

The  PRESIDENT.  If  there  is  no  objection 
that  amendment  will  be  made. 

Mr.  DUNNE.  Will  this  proviso,  so  far  as  it 
relates  to  the  Probate  Judges,  affect  the  gen- 
eral provision,  as  to  judicial  officers  elected 
under  the  Constitution  ? 

Mr.  WARWICK.  No,  sir.  The  provision  is, 
that  the  county  officers  shall  "hold  until  the 
election  and  qualification  of  the  successors  of 
such  officers  as  are  not  inconsistent  with  the 
provisions  of  this  Constitution."  The  office  of 
Probate  Judge,  being  in  conflict  with  the  Con- 
stitution, must  necessarily  expire. 

The  PRESIDENT.  Let  the  Secretary  read 
the  section  as  it  will  stand  with  the  propo.«ed 
amendment,  and  then  each  member  can  judge 
for  himself. 

Mr.  DeLONG.  I  move  to  refer  the  section 
to  the  Lander  County  delegation,  with  instruc- 
tions to  report  a  new  proviso,  this  afternoon, 
relative  to  the  Lander  County  officers. 

Mr.  CHAPIN.  Oh,  no !  I  think  it  is  all 
right,  now. 

The  PRESIDENT.  I  suggest  that  the  gen- 
tleman modify  his  motion  so  as  to  instruct  the 
Lander  County  delegation  to  report  immedi- 
ately, in  order  that  we  may  complete  the  article. 

Mr.  DeLONG.  He  can  report  it  back  as 
soon  as  he  is  ready. 

The  question  was  taken  on  the  motion  to 
refer  Section  12  to  the  Lander  County  delega- 
tion, and  it  was  agreed  to. 

TERRITORIAL     INOEBTEDNESS. 

Mr.  COLLINS.  It  will  be  perceived,  by  ref- 
erence to  Section  6  of  the  Schedule,  that  the 
State  of  Nevada  is  to  assume  the  debts  and  lia- 
bilities of  the  Territory  of  Nevada.    I  will  ask 


if  that  assumption  is  designed  to  prevent  the 
State  from  borrowing  the  full  amount  of  money 
contemplated  in  Section  3  of  Article  IX,  which 
authorizes  the  State  to  borrow,  not  to  exceed 
three  hundred  thousand  dollars,  for  the  purpose 
of  enabling  the  State  to  transact  its  business 
upou  a  cash  basis.  I  would  like  to  be  informed 
whether  this  Section  6  of  the  Schedule  would 
not  conflict  with  that  provision? 

The  PRESIDENT.  If  the  inquiry  is  ad- 
dressed to  the  Chair,  I  can  only  reply  that  I  am 
not  prepared  to  give  an  answer. 

Mr.  COLLINS.  In  Section  3  of  Article  IX, 
it  is  provided  that  the  State  may,  for  the  pur- 
pose of  transacting  its  business  upon  a  cash 
basis,  from  its  organization,  contract  debts,  but 
which  shall  not  exceed  in  the  aggregate  three 
hundred  thousand  dollars,  exclusive  of  inter- 
est ;  but  Section  6  of  the  Schedule  provides 
that  the  State  shall  assume  all  the  debts  of  Ne- 
vada Territory,  which  do  exceed  that  amount. 

Mr.  DeLONG.  I  think  they  will  fall  much 
short  of  it. 

Mr.  COLLINS,  I  include  the  soldiers'  bounty 
fund. 

Mr.  KINKEAD.  The  bounty  fund  will  not 
bring  it  up  to  anything  like  it. 

Mr.  GIBSON.  That  will  not  exceed  ten 
thousand  dollars. 

Mr.  COLLINS.  With  a  view  of  bringing  the 
matter  before  the  Convention,  I  will  introduce 
a  proviso  to  come  in  at  the  end  of  Section  6,  so 
that  the  section  will  read  as  follows  : 

Sec.  6.  All  debts  and  liabiUties  of  the  Territory  of 
Neavada,  lawfully  incurred,  and  which  remain  unpaid 
at  the  time  of  the  admission  of  this  State  into  the 
Union,  shall  be  assumed  by,  and  become  the  debt  of 
the  State  of  Nevada  ;  provided,  that  the  assumiition 
of  such  debts  shall  not  prevent  the  State  from  con- 
tracting the  additional  indebtedness  as  provided  in 
Section  3  of  Article  IX,  of  this  Constitution. 

The  question  was  taken  on  the  adoption  of  the 
proviso  oft'ered  by  Mr.  Collins,  and  it  was 
agreed  to  by  unanimous  consent. 

the  schedule— continued. 

Sections  18  to  21,  inclusive,  (being  the  bal- 
ance of  the  article,)  were  read,  as  follows: 

Seo.  18.  Each  county,  town,  city,  and  incorporated 
village,  shall  make  provision  for  the  support  of  its 
own  officers,  subject  to  such  regulations  as  the  Legis- 
lature may  prescribe. 

Sec.  19.  In  case  the  office  of  any  Justice  of  the  Su- 
preme Ctiurt,  District  Judge,  or  other  State  officer  shall 
become  vacant  before  the  expiration  of  the  regular 
term  for  which  he  was  elected,  the  vacancy  may  be 
tilled  by  appointment  by  the  Governor,  imtil  it  shall 
be  suppli(!d  at  the  next  general  election,  when  it  shall 
be  ttlled  by  election,  for  the  residue  of  the  unexpired 
term. 

Sec.  20.  All  cases,  both  civil  and  criminal,  whicu 
may  ho.  pending  and  undetermined  in  the  Probate 
( 'ourts  of  the  several  counties,  at  the  time  when  under 
the  provisions  of  this  ^institution  .said  Probate  Courts 
are  to  1)1-  abolishcil,  shall  be  ti'ansfcrred  to  and  deter- 
mined Ijy  the  District  Courts  of  such  counties  rcspec- 
t  V  ly. 

Sec.  21.  At  the  first  regular  session  of  the  Legisla- 
ture, to  convene  under  the  requirements  of  this  Con- 
stitution, provision  shall  be  made  by  law  for  the  pay- 
ment of  the  publication  of  six  hunied  copies  of  the 


20th  day.] 


SCHEDULE. 


751 


Tuesday,] 


Kennedy — President — Chapin — Warwick — Collins — Dunne. 


[July  26. 


proceedings  of  this  Convention,  in  book  form,  to  be 
disposed  of  as  the  Legislature  may  direct  ;  and  the 
Hon.  J.  Neely  Johnson,  President  of  this  Convention, 
shall  contract  for,  and  A.  J.  Marsh,  Official  Reporter  of 
this  Convention,  under  the  direction  of  the  President, 
shall  supervise  the  publication  of  such  proceedings. 
Provision  shall  be  made  by  law,  at  such  first  session  of 
the  Legislature,  for  the  compensation  of  the  Official 
Eeporter  of  this  Convention,  and  he  shall  be  paid  in 
coin,  or  its  equivalent.  He  shall  receive  for  his  ser- 
vices, in  reporting  the  debates  and  proceedings,  fifteen 
dollars  per  day  during  the  session  of  the  Convention, 
and  seven  and  one-half  dollars  additional  for  each 
evening  session,  and  thirty  cents  per  folio  of  one  hun- 
dred words  for  preparing  the  same  for  ijublication  ; 
and  for  supervising  and  indexing  such  publication, 
the  sum  of  fifteen  dollars  per  day  during  the  time 
actually  engaged  in  such  service. 

reporter's  compensation. 

Mr.  KENNEDY.  Is  that  the  wording  of  the 
last  section,  as  reported  by  the  Committee  on 
Schedule — "  and  he  shall  be  paid  in  coin  or  its 
equivalent?"  I  would  like  to  have  those 
words  stand,  however,  for  I  thinii  it  is  nothing 
more  than  right. 

The  PRESIDENT.  That  is  the  language 
used  in  the  section  as  reported,  and  it  was 
adopted  in  that  form  by  the  Committee  of  the 
Whole. 

Mr.  KENNEDY.  Very  well ;  I  would  like 
to  have  it  stand,  if  we  can  do  so  without  a  re- 
flection upon  the  currency  of  the  country.  I 
think  the  Reporter  is  entitled  to  receive  that 
amount  of  coin,  or  its  equivalent. 

Mr.  CHAPIN.    It  is  all  right  as  it  is. 

Mr.  KENNEDY.    I  have  no  objection,  then. 

lander  county  officers— again. 

Mr.  WARWICK.  I  am  prepared  now  to  re- 
port from  the  Lander  County  delegation,  on 
the  proviso  to  Section  12  of  the  Schedule.  I 
report  back  Section  12,  with  a  recommenda- 
tion that  the  last  proviso  be  stricken  out,  and 
the  following  inserted  in  its  stead  : 

"  Provided,  That  the  election  for  all  the  county  offi- 
cers of  Lander  County  whose  election  is  not  in  con- 
flict with  the  provisions  of  this  Constitution,  shall  take 
place  at  the  next  general  election,  to  be  holden  in  the 
month  of  November,  A.  D.  1864,  but  the  term  of  office 
of  the  present  incumbents  shall  not  expire  until  the 
first  Monday  in  January,  A.  D.  1865,  or  as  soon  there- 
after as  their  successors  shall  be  elected  and  quaUfied  ; 
and  their  successors  shall  hold  their  offices  until  the 
first  Monday  of  January,  A.  D.  1867." 

The  PRESIDENT.  Does  not  that  provide 
for  two  elections  ? 

Mr.  WARWICK.  Possibly  it  may  bear  that 
construction.  A  time  must  be  fixed  for  a  new 
election,  or  there  will  be  a  period  intervening 
without  any  county  oflBcers. 

The  PRESIDENT.  But  the  difficulty  seems 
to  be  in  the  latter  part  of  the  proviso— "as 
soon  thereafter  as  their  successors  shall  be 
elected  and  qualified."  "  Thereafter  "  would 
be  after  January.  1865. 

Mr.  WARWICK.  Yes,  sir.  Probably  it 
would  be  enough  to  say,  "  as  soon  thereafter  as 
their  successors  shall  be  qualified."  I  will 
modify  that  part  of  the  proviso. 


Mr.  CHAPIN.  I  suggest  that  we  strike  out 
Lander  County  altogether.     [Merriment.] 

Mr.  WARWICK  (after  consultation  witli  the 
President.)  I  believe  at  last  we  have  it  right. 
I  respectfully  submit  as  a  substitute  for  the 
last  proviso  as  engrossed,  the  following : 

And  further  provided,  that  the  term  of  office  of  the 
present  county  officers  of  Lander  County,  shall  expire 
on  the  first  Monday  of  January,  A.  D.  1805,  except  the 
Probate  Judge  of  said  county,  whose  term  of  office 
shall  expire  upon  the  first  Monday  of  December,  A.  D. 
1864;  and  there  shall  be  an  election  for  the  county  offi- 
cers of  Lander  County  at  the  general  election  iu  No- 
vember, A.  D.  1864,  and  the  oilicers  then  elected  shall 
hold  office  from  the  first  Monday  of  January,  A.  D. 
1865,  until  the  first  Monday  of  January,  A.  D.  1807, 
and  until  their  successors  are  elected  and  qualified. 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Warwick,  as  finally  modified, 
and  it  was  agreed  to. 

continuance  op  actions,  etc. 

Mr.  COLLINS.  I  call  the  attention  of  the 
Convention  to  the  wording  of  Section  1  of  this 
article.     It  reads  thus  : 

"All  rights,  actions,  prosecutions,  judgments,  claims 
and  contracts,  as  well  of  individuals  as  of  bodies  cor- 
porate. Including  counties,  towns  and  cities,  shall  con- 
tinue as  if  no  change  had  taken  place,  and  all  process 
which  may  issue  under  the  authority  of  the  Territory 
of  Nevada,"  etc. 

I  will  move  to  amend  by  substituting  the 
word  "  every"  for  "  all,"  before  the  word  "  pro- 
cess," so  as  to  read  "  every  process  which  may 
issue,"  instead  of  "  all  process."  It  is  certainly 
a  little  cloudy,  as  it  now  reads. 

Mr.  DUNNh;.  I  do  not  concur  with  the  gen- 
tleman from  Storey  in  regard  to  the  necessity 
of  that  amendment.  There  are  certain  legiil 
terms,  which,  to  a  person  unacquainted  with 
legal  phraseology,  may  not  seem  grammatical, 
but  which  are  nevertheless  perfectly  correct  in 
the  legal  sense  in  which  they  are  used.  I  do 
not  consider  that  there  is  any  inaccuracy  in  the 
use  of  the  word  "all,"  in  this  connection,  and 
as  to  its  legal  operation,  it  is  much  better  than 
the  word  "  every." 

Mr.  COLLINS.  I  would  like  to  have  the 
gentleman  explain  why  "every  process"  would 
not  cover  the  entire  ground.  And,  if  it  would, 
will  not  outsiders,  who  are  not  stored  with 
legal  lore,  like  the  gentleman  from  Humboldt, 
regard  the  use  of  the  word  "  all,"  as  rather  a 
faux  pas  on  the  part  of  the  Convention  ?  Cer- 
tainly "  every  process"  is  as  handsome  looking 
a  phrase.  If  "  all  process"  is  a  term  iu  law 
that  has  a  technical  signification  which  cannot 
be  supplied  by  other  words,  I  would  let  it 
stand  ;  but  it  seems  to  me  that  "  every  process" 
would  answer  quite  as  well.  -'All  "  is  plural, 
while  "  process"  is  singular,  and  the  plural  ad- 
jective would  seem  to  call  for  a  plural  noun. 
As  the  word  "  every"  would  do  just  as  well,  I 
do  not  see  the  force  of  the  gentleman's  objec- 
tion. 

Mr.  DUNNE.  "  Process"  is  used  as  a  plural 
noun — a  collective  noun — referring  to  all  doc- 
uments coming  under  that  head.    The  gentle- 


752 


SCHEDULE— JUDICIAL  DEPARTMENT.         [20th  day. 


Tuesday,]      PRESiDKNT—CoLLms— Dunne— Beosnan — Kennedy — Gibson— Kinkead.     [July  26. 


mau  from  Storey  will  recollect  that  in  gram- 
mar there  are  collective  nouns  which  have  a 
singular  form,  and  this  word  belongs  to  that 
class. 

The  PRESIDENT.  The  gentleman  from 
Storey  can  move  to  recommit  the  section,  in 
order  to  make  the  amendment,  objection  being 
made.  I  think,  however,  that  the  gentleman 
from  Humboldt  is  right  in  his  view  of  the 
matter. 

Mr.  COLLINS.  I  move  to  refer  the  section 
to  a  committee  of  one,  to  consist  of  the  gentle- 
man from  Ormsby,  Mr.  Kinkead,  with  instruc- 
tions to  make  the  amendment. 

The  question  was  taken,  and  the  motion  was 
not  agreed  to. 

SALARIES   AND   APPROPRIATIONS. 

Mr.  DUNNE.  Before  this  article  is  finally 
disposed  of,  I  suggest  that  there  is  a  section 
which  the  Convention  has  heretofore  ordered 
incorporated  in  it,  and  which  has  not  yet  been 
read.  1  refer  to  the  article  on  Salaries,  which 
was  directed  to  be  inserted  as  a  simple  section 
in  the  Schedule. 

Mr.  BROSNAN.  There  was  also  another 
section  ordered  transferred  to  the  Schedule — 
Section  (j  of  the  article  on  Miscellaneous  Pro- 
visions. 

The  SECRETARY.  That  has  been  incorpo- 
rated ;  it  is  Section  7,  as  read. 

The  PRESIDENT.  The  article  on  Salaries 
is  in  the  hands  of  the  Committee  on  Phraseol- 
ogy, and  the  Convention  having  ordered  that  it 
be  inserted  by  that  committee  as  a  section  in 
this  article,  the  committee  will  undoubtedly  do 
so  before  the  final  enrollment  of  the  article. 

Mr.  DUNNE.  I  understand  that  there  is  a 
strong  desire  to  have  that  article  on  Salaries 
again  under  consideration,  for  the  purpose  of 
adding  some  of  the  amendments  which  were 
stricken  out,  or  substituting  something  else  in 
their  place,  in  regard  to  limiting  the  appropri- 
ations, or  limiting  the  amount  of  the  tax  that 
may  be  levied.  I  hope  an  opportunity  will  be 
attbrded,  if  there  is  any  chance  for  it. 

The  PRESIDENT.  I  conceive  that  the  arti- 
cle on  Salaries  is  beyond  the  reach  of  the 
Convention.  It  was  passed  some  time  since, 
and  a  motion  was  subsequently  made  and  car- 
ried, that  it  be  incorporated  as  a  section  in  the 
Schedule. 

Mr.  DUNNE.  We  are  now  at  work  on  the 
engrossed  copy,  I  understand? 

The  PRESIDENT.  Yes,  sir ;  on  the  third 
reading  of  the  article. 

Mr.  DUNNE.  Then,  I  suppose,  there  will  be 
a  cliance  afterwards  to  get  iu  amendments? 

The  PRESIDENT.  No,  sir  ;  except  by  unan- 
imous consent,  or  recommitment. 

Mr.  KENNEDY.  As  it  is  near  12  o'clock,  I 
move  that  we  take  a  recess,  so  that  the  amend- 
ments suggested  can  be  prepared  in  the  mean 
time. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 


Accordingly,  at  five  minutes  before  12  o'clock 
the  Convention  took  a  recess  till  2  o'clock, 
P.M. 


AFTERNOON  SESSION. 

The  Convention  reassembled,  and  was  called 
to  order  by  the  President  at  twenty  minutes 
past  2  o'clock,  P.  M. 

The  SECRETARY  counted  the  Convention, 
and  reported  that  there  was  not  a  quorum 
present. 

Mr.  GIBSON.     I  move  a  call  of  the  House. 

The  PRESIDENT.  Possibly,  if  the  gentle- 
man will  withdraw  his  motion  for  a  few  mo- 
ments we  may  obtain  a  quorum  without  the 
necessity  of  calling  the  roll. 

The  SECRETARY  again  counted  the  Conven- 
tion, and  reported  just  a  quornm  in  attendance. 

JUDICIAL    DEPARTMENT. 

Mr.  KINKEAD,  from  the  Committee  on 
Phraseology  and  Arrangement,  submitted  the 
following  report : 

Mb.  President — Your  Committee  on  Phraseology, 
etc.,  report  that  they  have  carefully  examiued  Article 
VI,  entitled  "  Judicial  Department,"  and  recommaud 
the  adoi^tion  of  the  following  amendments  before  be- 
ing finally  enrolled  : 

In  Section  3,  strike  out  the  word  "and,"  after  the 
words  "four,  and  six  years  respectively." 

In  Section  7,  in  the  last  [iroviso,  strike  out  the  word 
"provide,"  and  insert  the  word  "designate,"  in  lieu 
thereof. 

In  Section  16,  strike  out  the  words  "to  be  fixed  by 
law,"  and  insert  the  word  "  which"  before  the  word 
"shall." 

In  Section  17,  strike  out  the  words  "  upwards  of, " 
and  insert  the  words  "  more  than,"  in  lieu  thereof. 

Also,  strike  out  Section  18,  as  passed,  and  substitute 
therefor  the  following : 

Sec.  18.  No  Judicial  officer  shall  be  suiserseded,  nor 
shall  the  organization  of  the  several  courts  of  the  Ter- 
ritory of  Nevada  be  changed,  until  the  election  and 
qualification  of  the  several  officers  provided  for  in  this 
article. 

AH  of  which  is  resx^ectfuUy  submitted. 

J.  H.  Kinkead,  Chairman. 

The  PRESIDENT.  The  Secretary  will  read 
the  several  amendments,  and  the  sections  or 
clauses  as  proposed  to  be  amended. 

The  SECRETARY.  The  first  amendment  is 
in  Section  3,  to  strike  out  the  word  "  and,"  be- 
tween the  words"  respectively"  and  "from,'' 
so  that  the  clause  relating  to  the  terms  of  Jus- 
tices of  the  Supreme  Court  will  read  : 

"Who  shall  hold  office  from  and  including  the  first 
Monday  of  December,  A.  D.  18()4,  and  continue  in  office 
thereafter,  two,  four,  and  six  years  respectively,  from 
the  first  Monday  of  January  next  succeeding  their 
election." 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

The  SECRETARY.  The  next  is  in  Section 
7,  to  strike  out  the  word  "  provide,"  where  it 
last  occurs  in  the  section,  and  insert  in  lieu 
thereof  the  word  "  designate,"  so  that  the  last 
clause  in  the  section  will  read  : 

"  Provided,  that  in  case  any  county  shall  be  hereaf- 
ter divided  into  two  or  more  districts,  the  Legislature 
may  by  law  designate  the  place  of  holding  such  courts 
iu  such  districts." 


20th  day.] 


SCHEDULE. 


753 


Tuesday,] 


Chapin — DeLosg. 


[July  26. 


The  question  was  taken  and  the  amendment 
was  agreed  to. 

The  SECRETARY-  The  next  amendment  is 
in  Section  16.  to  strike  out  the  words  "  to  be 
fixed  by  law,'"  and  insert  the  word  "  which,''  so 
as  to  read : 

"  The  Legislature  at  its  first  session,  and  from  time 
to  time  thereafter,  shall  provide  by  law  that  upon  the 
institution  of  each  civil  action,  or  other  proceeding, 
and  also  upon  the  perfecting  of  an  appeal  in  any  civil 
action  or  proceeding  in  the  several  courts  of  record  in 
this  State,  a  special  court  fee  or  tax,  which  shall  be  ad- 
vanced to  the  clerks  of  said  courts,  respectively  by  the 
party  or  parties  bringing  such  action,  or  taking  such 
appeal,"  etc. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

The  SECRETARY.  The  Committee  next  re- 
commend that  Section  17  be  amended  by  strik- 
ing out  the  words  "  upwards  of,"  before  the 
words  '•  ninety  consecutive  days,"  and  inserting 
ia  lieu  thereof  the  words  '•  more  than,"  so  that 
the  section  will  read  as  follows  : 

Skc.  17.  The  Legislature  shall  have  no  power  to 
grant  leave  of  absence  to  a  judicial  officer,  and  any 
such  officer  who  shall  absent  himself  from  the  State 
for  more  than  ninety  consecutive  days,  shall  be  deemed 
to  have  vacated  his  office. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

The  SECRETARY.  The  last  amendment  is 
to  strike  out  Section  18,  as  engrossed,  and  sub- 
stitute a  new  section  therefor.  The  section 
proposed  to   be  stricken  out  reads  as  follows  : 

Sec.  18.  In  order  that  no  inconvenience  may  result 
to  the  public  service  from  the  taking  effect  of  this 
Article,  no  judicial  officer  shall  be  superseded,  nor 
shall  the  organization  of  the  several  courts  be  changed 
thereby,  until  the  election  and  qualification  of  the  sev- 
eral officers  provided  for  in  the  same. 

The  new  section  proposed  to  be  substituted 
therefor,  reads  as  follows: 

Sec.  18.  No  judicial  officer  shall  be  superseded,  nor 
shall  the  organization  of  the  several  courts  of  the 
Territory  of  Nevada  be  changed,  until  the  election  and 
quaUfication  of  the  several  officers  prortded  for  in 
this  Article. 

The  question  was  taken,  and  the  amendment 
was  agreed  to. 

The  PRESIDENT.  The  Article  will  now  be 
referred  to  the  Committee  on  Enrollment. 

THE   SCHEDULE. 

The  Convention  resumed  consideration  of 
Article  XV'II,  entitled  Schedule,  the  question 
being  on  the  final  passage  of  the  Article. 

TAXATION   AND   APPROPRIATIONS. 

Mr.  CH  APIN.  I  have  an  amendment  which  I 
wish  to  offer,  as  an  additional  section  of  the 
Schedule,  to  come  in  at  the  proper  place. 

The  SECRETARY  read  Mr.  Chapin's  pro- 
posed amendment,  as  follows : 

Sec.  — .  For  the  first  three  years  after  the  adoption 
of  this  Constitution  the  Legislature  shall  not  levy  a 
tax,  for  State  purposes,  exceeding  one  per  cent,  per 
annum  on  the  taxable  property  in  the  State,  nor  shall 

A  22 


any  ap'propriations  be  made  out  of  the  revenue  arising 
from  said  tax,  except  in  the  following  order,  to  wit  : 

First — For  paying  interest  upon  the  public  debt. 

Second — For  salaries  of  State  officers. 

Third — For  State  Prison  expenses. 

Fourth — I'or  Educational  purposes. 

Fifth — For  Legislative  and  Miscellaneous  expenses. 

Mr.  DeLONG.  If  the  arrangement  is  to  be 
made  in  the  order  of  merit,  the  Legislature 
might  possibly  go  before  the  State  Prison  ; 
however,  I  do  not  know  but  it  is  all  right. 
[Merriment.] 

[Mr.  KiNKEAD  in  the  Chair.] 

Mr.  CHAPIN.  1  move  that  the  article  be 
recommitted  to  a  select  committee  of  three, 
with  instructions  to  amend  by  inserting  that 
section,  and  to  report  the  article  immediately 
back  to  the  Convention. 

I  will  briefly  state  my  reasons  for  making  the 
motion.  They  are  mainly  two-fold.  lu  the 
first  place,  we  are  all  of  us  aware  of  the  very 
heavy  expenditures  which  always  attend  the 
first  orgauizition  of  a  State  Government,  and 
we  desire,  if  possible,  to  save  our.«elves  and 
our  constituents  the  hundreds  of  thousands  of 
dollars,  that  will  be  squandered,  within  the  first 
three  years,  if  we  leave  the  subjects  of  taxation 
and  appropriations  open  to  the  discretion  of 
the  Legislature.  We  shall  need  that  money 
for  other  purposes,  and  we  shall  have  abundant 
occasion  to  use  it,  and  more  than  that,  for 
noble  purposes,  after  the  expiration  of  the  three 
years  which  are  mentioned  in  the  section  I  have 
proposed. 

Another  reason  for  offering  the  amendment 
is  this,  that  unless  we  can  fortify  the  Consti- 
tution in  such  a  manner  that  the  people  will  be 
able  to  count  up  the  cost  of  a  State  Govern- 
ment, it  is  not  going  to  be  adopted.  For  one, 
I  set  that  down  as  a  positively  inevitable  result, 
if  we  shall  fail  to  protect  the  people  from  the 
unrestricted  levying  uf  taxes  by  the  Legislature. 
Now,  sir,  for  my  own  part,  I  desire  very  much 
to  have  Nevada  come  forth  from  this  uncertain, 
infantile  .state  that  she  is  now  in,  from  this  kind 
of  a  tad-pole  condition,  if  you  please. 

Mr.  DeLONG.  a  polly  wog  condition.  [Mer- 
riment.] 

Mr.  CHAPIN.  We  have  been  in  the  condition 
of  an  underling  long  enough,  and  now  I  want 
to  take  a  po-sition  which  will  command  respect 
and  honor.  Let  us  take  our  place  among  men, 
and  act  like  men — like  good  and  true  Union 
citizens  of  the  United  States,  faithful  to  the 
glorious  Union  by  which  our  country  has 
been,  and  must  continue  to  be  preserved.  I 
desire,  therefore,  to  see  this  Constitution  carried 
before  the  people,  if  it  is  a  possible  thing,  and 
to  accomplish  that  purpose  is  one  of  the  main 
objects  I  have  in  view  in  ottering  this  additional 
section.  I  trust  that  it  may  be  adopted  and 
incorporated  in  this  article,  for  the  two-fold 
purpose  I  have  stated,  and  for  many  other  rea- 
sons which  might  be  enumerated.  I  will  occupy 
I  no  further  time,  however,  at  present.  These 
:  two  reasons  are  enough  for  my  purpose,  and  I 
I  hope  they  will  be  sufficient  to  induce  the  Con- 


754 


SCHEDULE. 


[20th  day. 


Tuesday,] 


Jouxsox — DeLoxg— DuxxE  — Chapix. 


[July  26. 


ventioQ  to  adopt  the  section.  I  have  some 
fissures  prepared  in  relation  to  the  subject, 
which  I  will  present  iu  due  time,  if  there  is 
occasion,  but  will  not  offer  them  now. 

Mr.  JOHNSON.  The  gentleman  had  better 
present  his  figures  now,  as  he  has  only  five 
minutes  time  alloted  him,  and  I  intend  to  insist 
on  a  strict  enforcement  of  the  rule. 

Mr.  DeLONG.  I  would  like  very  much  to 
support  this  amendment,  if  the  gentleman  can 
show  me  that  the  amount  of  taxation  therein 
specified  will  be  sufficient  to  support  the  State 
Government. 

Mr.  JOHNSON.  And  the  propriety  also  of 
the  designated  order  in  which  the  money  raised 
is  to  be  expended.  That,  it  occurs  to  me,  is  a 
more  serious  objection. 

Mr.  DeLONG.  I  do  not  know  that  I  am 
much  opposed  to  the  order  of  payment  pre- 
scribed. The  interest  on  the  public  debt  is  the 
first  item.  I  notice,  and  it  should  be.  Then  the 
salaries  of  the  State  officers,  and  I  am  in  favor 
of  giving  the  judges  a  chance  for  their  com- 
pensation, at  least.  Then  the  next  thing  he  puts 
the  State  Prison  convicts  ahead  of  the  Legisla- 
ture, and  I  approve  of  that.  No,  sir,  I  have  no 
fault  to  find  with  the  grading  adopted.  [Merri- 
ment.] 

Mr.  JOHNSON.  Could  not  the  Legislature 
be  classified  with  the  convicts?  [Laughter.] 

Mr.  DeLONG.  Well,  perhaps  the  convicts 
would  not  feel  offended. 

The  PRESIDENT  pro  tern.  Perhaps  some 
members  may  feel  personally  interested. 

Mr.  DeLONG.  If  the  present  occupant  of 
the  Chair  has  an  interest,  I  will  withdraw  the 
objectionable  part. 

But  in  all  seriousness,  Mr.  President,  I  would 
like  to  be  able  to  go  on  the  stump  and  show 
that  there  can  be  nopossibilityof  any  exorbitant 
tax  being  levied  by  the  Legislature,  under  any 
circumstances,  for  there  is  scarcely  anything 
that  would  have  so  great  an  influence  in  favor 
of  the  Constitution  ;  but,  until  I  see  the  figures, 
I  think  we  should  be  acting  hastily  to  tie  the 
hands  of  the  Legislature,  so  as  to  prevent  their 
raising  any  more  money,  no  matter  how  press- 
ing the  exigency  might  be,  or  how  great  the 
expense  of  sustaining  the  State  Government. 
I  do  not  believe  in  transacting  business  under 
false  pretences.  Therefore,  unless  my  colleague, 
or  some  one  else,  shall  show  me  that  this  tax 
will  be  sufficient  to  pay  the  expenses  of  the 
State,  I  cannot  vote  for  the  amendment,  whilst 
on  the  other  hand,  if  that  fact  can  be  made  ap- 
parent, I  sliall  cheerfully  give  it  my  support. 

Mr.  DUNNE.  I  think  I  can  satisfy  the  gen- 
tleman that  a  tax  of  one  per  cent,  on  all  the 
taxable  property  of  the  State  of  Nevada,  if  it 
is  to  Vje  a  State,  taken  in  conjunction  with  the 
other  provisions  of  the  Constitution,  will  fur- 
nish ample  means  for  carrying  on  the  govern- 
ment of  the  State  from  year  to  year. 

Mr.  DeLONG.    I  hope  so. 

Mr.  DUNNE.  It  will  be  observed  that  a  tax 
of  one  per  cent,  on  twenty-five  millions,  which 


is  the  estimated  valuation  of  the  Territory  at 
present,  will  yield  a  revenue  of  two  hundred 
and  fifty  thousand  dollars  ;  and  deducting  the 
usual  amount  of  one-fourth  for  delinquencies 
aud  the  cost  of  collection,  you  have  left  a  net 
revenue  of  one  hundred  and  eighty-seven  thou- 
sand five  hundred  dollars.  Now,  in  the  second 
year,  uuder  the  State  organization,  I  think 
there  can  be  no  doubt  that  there  will  be  not 
less  than  forty  luillions  of  taxable  property, 
which  will  leave,  after  deducting  the  twenty- 
five  per  cent,  for  delinquencies  and  cost  of  col- 
lection, a  net  revenue  from  that  source  of  three 
hundred  thousand  dollars.  Then,  even  grant- 
ing that  there  should  be  no  further  increase  for 
the  third  year,  and  consequently  no  more  rev- 
enue derived  from  that  source,  still  you  have 
an  income  of  three  hundred  thousand  dollars 
for  the  third  year,  and  I  will  ask  if  any  gentle- 
man imagines  that  the  expenses  of  our  State 
government  can  possibly  exceed  the  sum  of 
three  hundred  thousand  dollars  a  year  ? 

Mr.  DeLONG.     I  do. 

Mr.  DUNNE.  Very  well ;  then  even  sup- 
posing that  the  State  government  uses  up  all 
that  money,  still  it  has  a  margin  of  three  hun- 
dred thousand  dollars,  the  amount  to  which  it 
is  at  liberty  to  go  into  debt.  That  sum  may  be 
borrowed,  and  dividing  it  equally  between  the 
three  years,  it  will  give  one  hundred  thousand 
dollars  a  year,  iu  additiou  to  the  amount  to  be 
raised  by  this  tax.  Now  if  the  tax  of  one  per 
cent,  upon  the  ta.xable  property  of  this  State, 
with  a  margin  of  one  hundred  thousand  dol- 
lars a  year  in  addition,  to  go  on,  is  not  likely 
to  be  enough  to  support  the  State  government, 
then  indeed  we  should  not  adopt  a  State 
government.  But  with  that  estimate  of  the 
amount  of  the  taxable  property  of  the  Stat«, 
and  with  that  margin  of  three  hundred  thou- 
sand dollars  to  go  upon,  to  be  divided  between 
the  three  years,  I  think  a  tax  of  one  per  cent, 
will  raise  more  revenue  than  it  will  be  neces- 
sary to  expend.  And  it  will  be  remembered 
that  we  have  to-day  adopted  an  amendment 
which  provides  that  the  debt  of  the  Territory 
is  not  to  be  included  in  the  three  hundred 
thousand  dollars — the  maximum  amount  of  in- 
debtedness which  the  State  is  authorized  to 
incur — but  that  the  State  is  allowed  to  con- 
tract an  indebtedness  of  three  hundred  thou- 
sand dollars  outside  of  and  beyond  the  Territo- 
rial debt.  I  repeat  that  if  there  is  any  danger 
that  the  expenses  of  the  State  are  going  to 
amount  to  more  than  the  revenue  to  be  derived 
from  a  tax  of  one  per  cent.,  and  one  hundred 
thousand  dollars  a  year  in  a<klition,  then  we 
caiuiot  stand  a  State  government. 

Mr.  CHAPIN.  I  will  now,  by  leave  of  the 
Convention,  submit  my  figures ;  but  first  I 
will  take  the  liberty  of  alluding  briefly  to  the 
figures  of  my  friend  from  Humboldt  (Mr. 
Dunne.)  I  estimate  the  taxable  property  of 
the  State  at  more  than  he  does.  I  believe  the 
proceeds  of  the  mines  alone  will  amount  to 
twenty  millions,  but  we  will  call  that  item  fifteea 


20th  day.] 


SCHEDULE. 


755 


Tuesday,] 


Johnson — Chapin — Warwick. 


[July  2G. 


millions,  if  you  please,  and  then  we  have  a 
total  basis  of  taxation  of  forty  millions  of  dol- 
lars. 

Mr.  JOHNSON.  How  does  the  gentleman 
suppose  the  tax  on  the  proceeds  of  the  mines 
will  be  raised?  "Will  it  be  levied  on  the  net  or 
on  the  gross  proceeds? 

Mr.  CHAPIN.     On  the  gross  proceeds,  sir. 

Mr.  JOHNSON.  But  the  gentleman  was  un- 
willing to  vote  for  the  taxation  of  the  gross 
proceeds. 

Mr.  CHAPIN.  I  believe,  nevertheless,  that 
it  will  be  the  gross  proceeds  of  the  mines  that 
will  be  taxed. 

Mr.  JOHNSON.  Did  not  the  gentleman  vote 
against  incorporating  the  word  "  gross  "  in  the 
article  on  Taxation? 

Mr.  CHAPIN.  I  was  willing  to  leave  it  to 
the  Legislature.  But,  sir,  it  is  my  idea  that 
the  tax  should  be  levied  on  the  gross  proceeds, 
and  will  be. 

Mr.  WARWICK.  Why  should  the  gentle- 
man from  Storey  base  his  estimate  upon  only 
forty  millions,  when  it  is  well  known  that  we 
have  more  than  that  amount  in  the  gross  pro- 
ceeds of  the  mines  alone  ? 

Mr.  CHAPIN.  I  make  allowance  for  leak- 
ages. I  hope  these  interruptions  by  various 
gentlemen  will  not  be  taken  out  of  my  time.  I 
say  we  have  a  total  valuation,  including  the 
proceeds  of  the  mines,  of  forty  millions  of  dol- 
lars, and  a  tax  of  one  p^r  cent,  upon  that  will 
yield  four  hundred  thousand  dollars.  Then  if 
yon  deduct  one-fourth  for  delinquencies  and 
the  expense  of  collection,  you  still  have  a  net 
revenue  of  three  hundred  thousand  dollars  a 
year,  from  the  very  commencement  of  our  ex- 
istence as  a  State.  Now  what  are  going  to  be 
the  expenses  of  our  State  government?  Here 
are  my  figures : 

SALAEIES. 

Governor $  4,000 

Secretary  of  State 3,600 

CoutroUer 3,600 

Treasurer 3.600 

Attorney  General 2,500 

Superintendent  of  Public  Instruction. .     2,000 

Surveyor  General, 1,000 

Military  Department 1,000 

Three  Judges  of    Supreme  Court  (each 

judge  $7,000) 21,000 

Clerk  of  Supreme  Court  (paid  by  fees) .  

Total  amount  of  salaries $42,300 

GENERAL   EXPENSES. 

Support  of  Insane $  5,000 

State  Prison 20,000 

Common  Schools, 1.5,000 

Printing 8.000 

Official  Advertising 1,500 

Traveling  expenses  Superintend't  Pub- 
lic Instruction 500 

Agricultural  Society 3,000 

Interest  on  present  Public  Debt 34,500 

Interest  on  Fimds  to  be  borrowed 12,500 

Incidental  expenses  for  Stationery,  etc., 

for  the  several  departments 2,500 

Executive  rewards,  etc 2,500 

Total  general  expenses $105,000 


LEGISLATIVE   EXPENSES. 

Legislative  per  diem,  54  members,  90 

days,  at  $8  per  day $  38,880 

Mileage  of  Members 2,000 

Pay  of  Clerks 2,500 

Pay  of  Sergeant-at-Arms,  porters,  pages, 

etc 1,500 

Fuel  and  Lights 500 

Total  Legislative  expenses $45,380 

Aggregate  expense  of  State  government 

for  one  year $192,680 

These  are  the  figures,  and  all  I  have  to  say 
is  that  the  aggregate  amount  is  $42,680  more 
than  the  gentleman  from  Ormsby  (Mr.  Johnson) 
could  possibly  figure  up  in  the  Convention  of 
last  year,  for  the  estimate  made  at  that  time 
was  $150,000. 

Mr.  JOHNSON.  My  recollection  is  entirely 
different  in  regard  to  that.  According  to  my 
remembrance,  the  estimate  then  made  was  over 
two  hundred  thousand  dollars,  and  we  allowed 
a  margin  of  twenty-five  per  ofcnt.  upon  that 
sum. 

Mr.  CHAPIN.  Well,  I  think  this  estimate 
may  possibly  be  a  little  too  low  in  some  of  the 
items.  We  shall  not  differ  a  great  deal,  how- 
ever, and  even  if  we  set  the  aggregate  amount 
as  high  as  two  hundred  thousand  dollars,  if^ 
you  please,  still  we  have  a  margin  left  of  a 
hundred  thousand  dollars,  for  incidentals  and 
miscellaneous  expenses — the  various  matters 
which  cannot  be  brought  into  an  estimate  of 
this  kind.  1  ask  if  that  is  not  margin  enough 
for  us  to  allow,  when  we  are  embarking  on  this 
new  and  untried  ocean  of  the  experiment  of  a 
State  government  ?  I  think  it  is,  and  I  hope 
we  shall  decide  so  to  limit  the  expenses  of  the 
new  State  government,  that  the  people  can  sit 
down  and  calculate  for  themselves  how  much 
and  how  little  of  a  burden  they  are  called 
upon  to  bear. 

Mr.  JOHNSON.  No  person  would  rejoice 
more  than  I,  if  it  shall  be  found  that  one  per 
cent.,  or  any  other  limited  amount  of  taxa- 
tion within  the  bounds  of  reason,  will  prove 
sufficient  to  carry  on  our  State  Government  as 
it  should  be  conducted.  And  the  less  the  rate 
of  taxation  the  better  satisfied  would  I  be,  as  I 
have  a  little  property  on  which  I  am  now  called 
upon,  from  time  to  time,  and  expect  to  be  here- 
after, to  pay  my  proportion  of  taxes.  But,  sir, 
these  matters  of  figures  and  calculations,  I 
think,  are  generally  designed  to  mislead  men, 
in  the  consideration  of  subjects  of  this  char- 
acter. And  there  is  one  item  of  import- 
ance which  the  gentleman  from  Storey  cer- 
tainly did  not  take  into  account  in  preparing 
his  figures.  He  speaks  of  the  interest  on  the 
public  debt,  but  not  of  the  principal.  This 
item  of  iterest  on  the  present  public  debt,  of 
$3-4,500  a  year,  presupposes  a  principal  sum, 
and  we  cannot  well  manage  witiiout  paying 
that  principal  at  some  future  time. 

Mr.  CHAPIN.  Wc  can  try  to  manage  for 
the  first  thi-ee  years,  till  we  become  a  little 
more  prosperous. 


756 


SCHEDULE. 


[20th  day. 


Tuesday,] 


Johnson — Chapin. 


[July  26. 


Mr.  JOHNSON.  Then  we  will  have  to  re- 
pudiate the  public  debt,  already  voted  by  the 
people  of  Nevada.  Now  there  is  an  outstand- 
ing indebtedness,  independent  of  the  old  bond- 
ed debt  of  the  Territory,  which  amounts  to  an 
average,  taking  the  several  items,  principal  and 
inierest  together,  of  about  S83.333  33  a  year, 
for  the  next  four  and  half  years,  which  must 
be  paid  by  the  people  of  this  State,  whilst  the 
bonded  indebtedness  created  under  the  Act  of 
the  last  session  of  the  Legislature  will  reach  the 
amount  of  $150,000,  with  interest  at  one  and 
one  half  per  cent,  per  month,  payable  semi- 
annually, and  the  principal  to  be  paid  at  the 
end  of  the  year.  Upon  the  old  issues  of  Terri- 
torial bondri  running  for  periods  ranging  from 
one  to  five  years,  the  State  will  have  to 
discharge  the  principal  and  interest  as  they 
fall  due,  and  the  amount  of  principal  com- 
ing due  increases  each  year  for  the  next 
five  years,  ranging  from  $47,000  to  about 
$60,000  a  year.  The  total  amount  of  prin- 
cipal and  interest  on  those  bonds  is  $249,000, 
which  must  be  paid  in  five  years  from  the 
first  day  of  February  last.  All  these  payments 
must  be  provided  for  out  of  the  revenues  of  the 
next  four  years,  the  aggregate  amount  of  such 
payments  being  $249,000,  principal  and  inter- 
est, and  I  repeat  that  my  friend  from  Storey 
has  erred  in  not  making  calculation  for  the  pay- 
ment of  this  indebtedness  from  year  to  year. 

Mr.  CHAPIN.  Allow  me  to  state  that  I 
made  up  these  figures — 

Mr.  JOHNSON.  The  gentleman  will  excuse 
me  ;  I  am  not  through  yet.  There  is  another 
item  which  I  had  overlooked,  of  $80,000  for 
.the  State  Prison  bonds.  Those  Vjonds  bear  in- 
terest at  ten  per  cent,  per  annum,  and  conse- 
quently the  interest  on  them  amounts  to  $8,000 
a  year. 

The  PRESIDENT  joro  tern.  A  portion  of  those 
bonds,  amounting  to  $20,000,  has  been  paid. 

Mr.  JOHNSON.  Well,  then  the  principal  is 
$G0.000,  and  the  interest  $(i,000  a  year.  Then 
of  the  old  bonded  indebtedness  there  are  $15,- 
000  bearing  interest  also  at  ten  per  cent.  The 
average  amount  to  be  paid  each  year  for  the 
next  four  years  and  a  half  from  the  present 
time,  is,  as  I  have  stated,  $83,333  33,  indepen- 
dent of  the  old  bonded  indebtedness  of  $15,000, 
which  to  that  extent  will  increase  the  amount. 

The  PRESIDENT  pro  tern.  Of  that  indebted- 
ness $5,000  become  due  in  February  next,  and 
$10,000  one  year  thereafter. 

Mr.  JOHNSON.  Then  that  increases  the 
average,  eo  that  it  must  be  not  less  than  S85,- 
000  a  year  that  the  State  will  have  to  pay  dur- 
ing the  next  four  years  and  a  half,  on  account 
of  the  present  indebtedness  of  the  Territory. 
These  are  matters  which  the  gentleman  from  Sto- 
rey had  doubtless  forgotten  when  he  made  his 
estimates.  He  allows  only  for  the  payment  of 
the  interest  on  the  public  debt,  but  here  is  the 
principal,  for  the  payment  of  which  not  only  is 
the  faith  of  the  Territory  of  Nevada  plighted, 
but  also  the  faith  of  the  proposed  State  of  Ne- 


vada, so  far  as  it  can  be  done  by  the  mem- 
bers of  this  Convention,  who  have  already 
voted  that  the  State  shall  assume  the  indebted- 
ness of  the  Territory.  If,  therefore,  we  do  not 
provide  for  the  payment  of  that  indebtedness, 
the  principal  as  well  as  the  interest,  I  say  it 
goes  forth  to  the  world  as  a  violation  of  the 
plighted  honor,  not  only  of  the  Territory  but 
of  the  State,  in  which  every  member  of  this 
Convention  is  directly  involved. 

Mr.  CHAPIN.  Does  not  the  gentleman  from 
Ormsby  consider  that  the  provision  which  is 
made  in  the  Constitution  for  the  issuing  of  the 
bonds  of  the  State,  to  the  amount  of  three  hun- 
dred thousand  dollars,  will  be  amply  sufficient 
to  meet  all  these  demands  ?  I  confess  that  I 
did  not  take  into  account  the  payment  of  the 
principal  of  the  Territorial  debt,  because  while 
we  assume  all  the  debts  of  the  Territory  we  at 
the  same  time  adopt  a  provision  authorizing  the 
State  to  issue  its  bonds  to  the  amount  of  three 
hundred  thousand  dollars,  and  that  I  think 
should  be  ample  to  meet  the  Territorial  indebt- 
edness, and  a  good  many  other  demands. 

Mr.  JOHNSON.  I  admit  it,  but  the  gentle- 
man has  claimed  the  benefit  of  that  one  hun- 
dred thousand  dollars  a  year,  as  a  margin  for 
miscellaneous  and  contingent  expenses  of  the 
State  Government.  I  deny  that  he  has  a  right 
to  call  it  an  appropriation  for  the  payment  of 
the  principal  of  the  Territorial  indebtedness, 
or  any  part  of  it,  if  he  also  claims  it  as  a  part 
of  the  fund  for  carrying  on  the  State  Govern- 
ment. It  will  not  meet  that  and  the  bonded 
indebtedness  of  the  Territory  also  ;  hence  if 
the  one  proposition  is  correct  the  other  can- 
not be.  Consequently,  if  he  admits  that  the 
State  assumes  the  payment  of  these  Territorial 
obligations  to  the  amount  of  $83,000  or  $85,000 
a  year  for  the  next  four  years  and  a  half,  then 
he  must  make  that  addition  to  his  estimates, 
and  therefore  it  i.s  shown  that  his  estimates  fall 
short  something  like  a  hundred  thousand  dol- 
lars a  year.  If  the  gentleman  includes  the 
three  hundred  thousand  dollais  which  the  State 
is  authorized  to  borrow  for  the  payment  of  the 
principal  and  interest  of  the  bonded  indebted- 
ness of  the  Territory,  it  must  be  considered  for 
that  purpose  in  these  estimates,  so  that  the 
amount  of  this  Territorial  debt  must  be  added 
to  the  summary  of  figures  which  he  has  pre- 
sented. 

But,  sir,  if  time,  and  the  patience  of  the  Con- 
vention allowed,  I  might  proceed  further  in  re- 
viewing the  gentleman's  figures  in  regard  to  the 
various  items  of  expenditure.  For  instance,  he 
has  allowed  but  $2,500  a  year  for  the  payment 
of  clerks  of  the  Legislature,  one  session  of 
which,  during  the  three  years,  will  be  for  ninety 
days,  and  then  two  sessions  of  sixty  days  each. 
Why,  sir,  any  man  who  ever  had  a  seat  on  the 
floor  of  a  legislative  body,  or  who  is  at  all  cog- 
nizant of  the  amount  of  the  labors  devolving 
upon  the  clerical  force  of  such  a  body,  will  at 
once  be  satisfied  that  such  a  sum  is  altogether 
insufficient.   It  would  amount  to  not  more  than 


20th  day,] 


SCHEDULE. 


757 


Tuesday,]    Johnson— Collins— Kennedy— Chapin— Banks— McClinton—Murdock.      [July  26. 


enough  to  pay  the  salary  of  the  chief  secretary 
or  cleik  of  each  branch,  and  one  clerk  in  addi- 
tion. 

A  Member.    Time! 

Mr.  JOHNSON.  Time  is  called  upon  me, 
and  I  do  not  propose  to  exceed  the  limit  estab- 
lished by  rule  of  the  Convention. 

Mr.  COLLINS.  I  think  the  gentleman  has 
spoken  twice. 

Mr.  JOHNSON.  Only  once  upon  the  propo- 
sition in  its  present  shape.  However,  I  hope 
no  other  gentleman  will  be  allowed  to  exceed 
his  allotted  time. 

Mr.  KENNEDY.  I  move  to  amend  the  sec- 
tion proposed  by  the  gentleman  from  Storey 
(Mr.  Chapift),  by  adding  the  following  : 

"Provided,  The  Legislature  may  levy  a  special  tax 
not  exceeding  one-fourth  of  one  per  cent,  per  annum, 
which  shall  Ije  appropriated  to  the  payment  of  the  in- 
debtedness of  the  Territory  of  Nevada,  assumed  by 
the  State  of  Nevada,  and  for  that  purpose  only,  until 
all  of  said  indebtedness  is  paid." 

Mr.  CHAPIN.  I  will  accept  the  amend- 
ment. 

Mr.  JOHNSON.  I  suppose  I  may  have  the 
privilege  of  speaking  to  this  amendment. 

Mr.  BANKS.  This  is  a  matter  involving  a 
good  many  figures  and  facts,  with  which  I  con- 
fess I  am  not  familiar,  and  I  think  that  is  the 
position  of  a  great  many  other  members.  I 
will  therefore  ask  as  a  special  favor  that  gentle- 
men who  are  familiar  with  the  subject,  as  the 
gentleman  from  Ormsby  (Mr.  Johnson)  appears 
to  be,  shall  not  be  prevented  by  the  enforce- 
ment of  the  rule,  Irom  speaking  longer  than 
five  minutes. 

Mr.  JOHNSON.  There  is  only  this  objection, 
that  we  are  now,  we  hope,  near  the  close  of  the 
session,  and  if  such  privilege  be  extended  to 
one  member,  it  must  be  to  others,  because  it 
it  would  be  unfair  to  discriminate ;  and  if 
every  member  is  allowed  to  speak  as  long  as 
he  chooses  we  shall  never  get  through. 

Mr.  McCLINTON.  I  am  very  much  opposed  to 
extending  the  time  to  any  member,  unless  we 
give  all  the  same  chance.  Though  I  should 
like  exceedingly  to  hear  the  gentleman  from 
Ormsby,  and  other  gentlemen  who  have  spoken, 
explain  their  views  more  fully,  yet  there  are 
others  who  may  understand  the  subject  nearly 
as  well,  and  who  perhaps  would  also  like  to  be 
heard. 

Mr.  MURDOCK.  The  gentleman  from  Orms- 
by can  have  five  minutes  of  my  time. 

Mr.  JOHNSON.  I  am  entitled  to  five  minutes, 
I  believe,  on  the  amendment  ottered  by  the 
gentleman  from  Lyon  (Mr.  Kennedy).  I  do  not 
wish  to  consume  the  time  of  the  Convention 
unnecessarily,  but  I  do  conceive  that  this  is  an 
exceedingly  important  matter,  and  I  fear  that 
gentlemen  have  not  given  it  proper  attention, 
especially  those  who  seem  to  favor  the  propo- 
sition of  the  gentleman  from  Storey  (Mr.  Cha- 
pin).  I  know  the  motives  of  that  gentleman 
are  all  proper,  of  course.  He  is  very  desirous 
of  having  a  State  Government ;  he  feels  the 


importance  and  necessity  of  it ;  and  he  has 
ottered  this  proposition  believing  it  will  have  a 
tendency  to  strengthen  the  Constitution  before 
the  people,  but  I  fear  without  reflecting  with 
suflicieut  care  and  minuteness  upon  all  its  im- 
portant bearings. 

Now,  sir,  as  was  said  by  another  gentleman 
from  Storey,  (Mr.  DeLong,)  I  do  not  desire  to 
have  a  Constitution  thrust  upon  the  people  of 
the  State  of  Nevada  under  false  pretences.  I 
do  not  feel  like  going  before  the  people  of  the 
State  and  saying,  because  forsooth  the  Consti- 
tution declares  they  cannot  be  taxed  more  than 
one  per  cent,  therefore  they  will  not  be,  and 
cannot  be,  under  any  circumstances.  But  there 
is  another  and  more  important  matter  to  be 
considered,  namely,  the  honor  of  the  State, 
its  plighted  faith  and  credit.  A  State  ought 
never  to  be  placed  in  a  position  where  it  will 
even  be  possible  that  the  consequences  of  practi- 
cal repudiation  of  the  indebtedness  of  that 
State  may  follow.  For  this  reason,  if  for  nought 
else,  I  am  opposed  to  adopting  the  proposed 
restriction. 

Gentlemen  who  have  spoken  upon  this  and 
kindred  subjects  heretofore,  have  declared  their 
willingness  to  confide  in  their  respective  dele- 
gations in  the  Legislature.  Now  are  they  not 
willing,  when,  by  the  numerous  restrictions  and 
limitations  which  we  have  heretofore  adopted, 
those  who  may  be  delegated  to  represent  us  in 
the  Legislature  are  bound,  as  it  were  hand  and 
foot,  in  respect  to  the  expenditure  of  money — 
although  not  more  so  than  is  needful,  in  ray 
judgment — are  they  not  willing  to  trust  thea, 
under  such  stringent  provisions  as  we  have 
adopted,  to  vote  the  appropriations — to  raise 
by  taxation,  and  to  expend  whatever  amounts 
may  be  necessary  to  administer  the  attairs  of 
the  State  in  an  economical  manner  ?  I  have  no 
greater  interest  than  others,  and  none  less,  in 
securing  an  economical  administration  of  the 
State  government,  and  as  evidencing  my  views 
upon  that  question,  it  is  quite  enough  to  advert 
to  the  votes  which  have  been  cast  in  the  Con- 
vention upon  the  various  questions  affecting 
the  matter.  It  is  true  that  sometimes  I  have 
exceeded  other  gentlemen  in  my^ideas  of  liber- 
ality respecting  what  should  be  regarded  as 
the  proper  compensation  of  certain  public  ser- 
vants, but  it  was  only  because  I  believed  it  would 
he  for  the  benefit  of  the  State  to  bestow  upon 
those  officers  an  amount  of  compensation  sufli- 
ciently  liberal  to  secure  the  services  of  compe- 
tent men,  rather  than  to  establish  salaries  at  so 
low  a  figure  that  none  but  incompetent  persons 
would  accept  such  positions.  In  other  words, 
my  judgment  as  to  the  extent  of  the  compen- 
sation which  should  be  allowed  for  certain  pub- 
lic services  has  been  variant  from  that  of  other 
members ;  but  on  the  whole,  I  think  that  the 
record  of  my  votes  will  compare  favorably  with 
that  of  any  other  member,  on  the  general  prop- 
osition that  our  State  government  shall  be  ad- 
ministered upon  the  most  economical  basis 
that  may  be  found  practicable. 


75'8 


SCHEDULE. 


[20th  day. 


Tuesday,] 


Warwick — Johkson. 


[July  26. 


But  whilst  I  favor  the  general  policy  of  econ- 
omy. I  do  conceive  that  tiie  adoption  of  this 
proposed  new  section  would  be  hampering  and 
binding  the  Legislature  to  such  a  degree  that 
under  certain  contingencies  that  may  arise,  the 
most  unfortunate  consequences,  in  a  financial 
sense,  would,  in  my  judgment,  ensue.  Pos- 
sibly I  may  misjudge  in  entertaining  such 
apprehensions;  but  even  admitting  that  it  is 
possil)le  to  conduct  the  State  government  suc- 
cessfully with  the  restriction  now  proposed, 
still  we  ought  not  to  present  the  spectacle  of 
foisting  a  State  government  upon  the  people, 
and  voting  ourselves  into  the  position  of  a  State 
among  the  other  States  of  the  Union,  with  re- 
sir  ctions  contained  in  our  fundamental  law  of 
such  nature  that  they  may  be  likely  to  result 
her(  alter  in  practical  repudiation. 

We  cannot  foretell  wiiat  will  be  the  expenses 
of  our  State  government.  We  may  make  ap- 
proximate estimates,  perhaps,  but  we  know  not 
how  far  they  will  fall  short  of  the  actual  ex- 
penditures. And  I  take  issue  with  the  gentle- 
man from  Storey  (Mr.  Chapin)  in  regard  to 
many  of  the  facts  and  figures  which  he  has 
presented.  I  have  already  taken  occasion  to 
refer  to  the  single  item  of  the  pay  of  clerks  of 
the  Legislature,  for  which  he  has  only  allowed 
two  thousand  five  hundred  dollars  a  year.  Why, 
sir,  any  member  of  this  body  who  has  had  legis- 
lative experience,  or  knowledge  of  tiie  duties 
necessary  to  be  performed  by  those  officers,  for 
the  proper  transaction  of  the  business  of  a 
legislative  body,  well  knows  that  such  an  esti- 
mate must  fall  very  far  short.  The  per  diem 
and  mileage  of  members  of  the  Legislature  we 
can  readily  estimate.  We  can  approximate 
very  nearly  in  estimating  the  mileage,  per  diem, 
and  other  expenses  of  the  Legislature,  aside 
from  that  of  the  clerical  force.  The  gentleman 
gives  us  also  an  estimate  of  the  State  Prison  ex- 
penses, which  he  places  at  twenty  thousand  dol- 
lars a  year,  l^ut  I  hesitate  not  in  saying  that  no 
man  can  even  approximatly  conjecture  those 
expenses.  And  there  are  various  other  items, 
concerning  which  no  definite  estimates  can  be 
made. 

And  why,  I  ask,  is  it  proposed  that  we  shall 
here  declare  that  the  Legislature  shall  not  im- 
pose a  tax  exceeding  one  per  cent,  per  annum, 
when  the  judgment  of  the  members  of  the  Con- 
vention is  so  variant  as  to  the  maximum  tax, 
and  the  amount  of  our  taxable  basis?  Why, 
sir,  I  liave  heard  my  friend  from  Lander  (Mr. 
Warwick)  say  that  we  shall  probaldy  ship  from 
the  State  twenty-five  or  thirty  millions  of  bul- 
lion within  tlie  year.  It  is  true  tliat  I  have 
not  heard  any  indor.sement  of  that  opinion, 
witliin  the  body  of  this  Convention,  ))ut  I 
have  no  doubt  there  are  others  who  agree 
with  the  gentleman.  Upon  that  point,  how- 
ever, we  have  some  data  which  is  to  a  certain 
extent  reliable  as  a  basis  for  an  estimate,  and 
I  have  not  heard  any  gentleman,  in  position 
to  have  access  to  such  needful  data,  place  our 
past  shipments  of  bullioa  beyond  fifteen  mil- 


I  lions.      I  have  heard  expressed  the  opinions  of 
I  several   intelligent  and   well  informed  gentle- 
men, and  none  of  them  has  placed  it  at  a  higher 
figure. 

Mr.  WARWICK.  Will  the  gentleman  from 
Ormsby  allow  me  to  ask  him  a  question  ?  I 
simply  wish  to  inquire  what  has  been  the  pro- 
duction of  the  Gould  and  Curry  mine  for  the 
year  last  pist? 

Mr.  JOHNSON.  Not  having  any  business  or 
other  relations  with  the  Gould  and  Curry  Min- 
ing Company,  I  am  not  able  to  answer  the  gen- 
tleman. Neverthelc-s  I  am  able  to  state  this, 
that  Wells,  Fargo  &  Co.,  through  whose  ex- 
press offices  the  .shipments  are  made,  name  the 
amount  of  bullion  shipped  during  the  past 
year  at  considerably  h  ss  than  fifteen  millions, 
and  my  impression  is  that  they  place  it  at  but 
little  more  than  twelve  millions  of  dollars  for 
the  year  ending  on  the  1st  of  July,  instant. 
And  if  we  are  to  judge  from  new.«paper  re- 
ports as  to  the  determination  of  the  directors 
of  the  Gould  and  Curry  Company  in  regard  to 
the  management  of  the  affairs  of  their  mine  in 
the  future,  their  shipments  will  fall  far  short 
of  what  they  have  been  in  the  past. 

We  find  by  a  published  report,  which  seems 
to  have  met  with  the  acquiescence  and  concur- 
rence of  the  directors,  whilst  there  are  at  pres- 
ent somewhat  more  than  twenty  mills  engaged 
in  reducing  their  ores,  that  their  future  policy 
will  be  to  reduce  their  ores  in  their  own  mills, 
and  by  their  own  peculiar  processes;  and  it 
is  a  well  known  fact  that  within  the  past  thirty 
days  more  than  thirty  mills  in  the  Territory 
have  been  turned  off  from  working  ores  from 
that  mine.  And,  sir,  in  connection  with  this 
change  of  policy,  it  is  hardly  necessary  to 
mention  the  well  known  and  very  important 
fact  that  the  Gould  and  Curry  mine  has  hereto- 
fore been  producing  more  than  one  third  of  the 
total  amount  of  the  gross  proceeds  of  the  mines 
of  this  Territory. 

But,  I  am  opposed  to  this  restriction  of 
taxation  upon  other  grounds.  I  confess  that  I 
see  nothing  so  discouraging  in  the  present  con- 
dition of  things  as  to  lead  me  to  believe  that 
our  future  production  will  fall  short  of  what  it 
has  been  in  the  past,  while  I  think  there  is 
much  reason  to  hope  that  it  will  far  exceed 
that  of  past  years.  But  whilst  conceding 
this,  I  insist  that  it  beliooves  us,  as  men  en- 
gaged in  the  important  work  of  forming  a 
government  for  the  people  of  Nevada,  in  mak- 
ing our  estimates,  to  revert  to  the  past  con- 
dition of  our  Territory,  and  judge  of  the 
future  by  the  past.  And,  sir,  in  my  opinion, 
there  is  no  gentleman  in  tliis  Convention  who 
for  a  single  mom'Ut  believes  that  outside  of 
the  mines  of  this  Territory,  if  the  assessment 
were  to  be  made  to-day,  the  amount  of  taxable 
property  returnable  within  the  Territory,  would 
approach  anywhere  near  the  figures  presented 
by  the  assessors  in  the  returns  wliich  they  made 
last  year.  I  regret  to  be  obliged  to  confess  t.o 
this  desponding  view  of  our  condition,  but  it  is 


20 th  day.] 


SCHEDULE. 


759 


Tuesday,] 


Johnson — Warwick — DeLoxc  j . 


[July  26j 


my  honest  and  sincere  conviction,  and  facts 
which  are  in  the  possession  of  all  the  mem- 
bers of  this  Couveution,  must  have  convinced 
them,  I  have  uo  doubt,  of  the  correctness  of 
my  statements. 

Therefore,  whilst  gentlemen  are  seeking  for 
sources  of  revenue  by  taxation,  when  they  have 
had  shown  them  the  amount  of  taxable  prop- 
erty other  than  in  the  mines,  they  must  loolv  the 
facts  boldly  in  the  face,  and  iu  making  their 
estimates  and  calculations  of  assessments  and 
taxation  iu  the  future,  they  must  be  governed  by 
the  experience  of  the  past  and  the  existing  con- 
dition of  things.  I  hope  gentlemen  will  have 
recourse  to  some  authentic  data  upon  which  to 
base  their  estimates  of  the  amount  of  taxable 
property  iu  the  State,  and  when  they  tell  us 
that  that  amount  has  reached  twenty-five  mill- 
ions exclusive  of  taxable  property  in  the  mines, 
they  must  at  the  same  time  admit  the  other  fact, 
that  the  amount  of  delinquent  taxes  has  hitherto 
exceeded  by  far  the  pruportion  of  twenty-five 
per  cent.  That  estimate  of  twenty-five  per 
cent.,  for  delinquent  taxes  and  cost  of  collec- 
tion, was  made  by  me  originally,  based  upon 
the  ultimate  determination  of  disputed  ques- 
tions regarding  the  revenue,  by  legal  decisions, 
and  consequently  a  more  fixed  and  stable  con- 
dition of  things  in  the  future  ;  Imt  until  that 
time,  we  must  approximate  our  estimates  more 
to  what  we  find  has  been  the  experience  of 
other  new  States.  For  example,  look  to  the 
history  of  the  State  ot  California,  in  the  earlier 
years  of  its  existence,  and  it  will  be  found 
that  for  the  first  five  years  the  delinquent  list 
amounted  to  considerably  more  than  twenty- 
five  per  cent.,  and  even  at  the  present  time  the 
delinquencies  and  the  expenses  of  collection 
very  nearly,  if  not  quite,  equal  that  proportion. 
And  in  this  Territory,  I  have  not  the  exact 
figures,  but  I  believe  the  facts  warrant  me  in 
assuming,  that  for  the  past  year  the  delinquen- 
cies and  the  expenses  of  collection  have  quite 
reached  fifty  per  cent.  And  we  cannot  expect 
to  improve  much  upon  that  for  the  first  year  or 
two  after  our  State  organization,  although  ulti- 
mately, when  affairs  become  more  settled,  there 
will  doubtless  be  a  material  improvement  in 
favor  of  the  revenue.  In  the  mean  time,  how- 
ever, these  delinquencies  diminish  considerably 
the  anticipated  revenue,  and  necessarily  in- 
crease in  corresponding  proportion  the  amount 
of  the  tax  necessary  to  he  levied  for  the  sup- 
port of  our  State  Government. 

I  am  not  willingly  taking  issue  on  this  propo- 
sition. It  may  be  that  we  can  carry  on  our 
State  Government  successfully  with  a  less  rate 
of  taxation  than  one  per  cent.,  but  even  if  it 
be  a  matter  of  possibility,  I  deny  that  we  can 
rightfully  assume  it  as  a  certainty,  and  I  say 
we  have  not  the  data  upon  which  to  base  the  es- 
timates by  which  we  can  with  propriety  prohibit 
or  limit  the  Legislature  in  that  regard,  as  pro- 
posed by  the  gentlenian  from  Storey.  I  do  not 
conceive  that  such  a  restriction  would  be  prac- 
ticable, and  I  fear  that  the  proposition  is  merely 


an  attempt  to  grasp  at  something  to  be  offered 
as  an  additional  argument  in  favor  of  the  State 
Government,  lest,  forsooth,  the  people  may  re- 
pudiate our  action. 

I  am  not  here,  sir,  to  favor  a  proposition  that 
carries  with  it  ev(m  the  possibility  of  entailing 
upon  myself,  and  you,  and  the  gentleman  from 
Storey,  and  other  meml>ers  of  the  Convention, 
the  necessity  of  endeavoring  to  induce  the  peo- 
ple by  what  may  be  regarded  as  false  or  fraud- 
ulent repivsentation.s,  to  vote  for  the  adoption 
of  this  Constitution.  If  our  constituents 
shall  choose  to  adopt  the  Constitution,  if 
the  merits  of  this  instrument  shall  lie  such  as 
to  commend  it  to  the  popular  judgment,  if  the 
great  benefits  which  are  to  ensue  by  reason  of 
the  formation  of  a  State  Government  shall  be 
so  apparent  that  the  people  are  prepared  to  adopt 
it,  then  well  and  good.  But  let  them  compre- 
hend fully  the  extent  of  the  burden  they  are  to 
assume,  and  the  sources  from  which  taxation 
is  to  be  derived  ;  and  then,  if  they  shall  decide 
to  adopt  the  State  form  of  government,  let  them 
send  their  best  men  to  the  Legislature,  and, 
hampered  and  bound  as  they  are  by  the  restric- 
tions which  we  have  heretofore  adopted,  I  con- 
ceive that  it  will  be  impossible  for  such  repre- 
sentatives to  impose  any  burdens  upon  us, 
beyond  what  the  wants  and  necessities  of  the 
government  absolutely  rrquire. 

Mr,  WARWICK.  I  thought  when  leave  was 
given  the  gentleman  from  Orrasby  to  speak  be- 
yond the  allotted  time,  that  he  was  going  to 
present  facts  and  figures  for  the  enlightenment 
of  the  Convention  ;  but  instead  of  that  he  has 
only  made  a  labored  argument  to  show  the  dif- 
ficulty of  carrying  on  the  State  government. 
That  is  a  thing  which  has  been  argued  suffi- 
ciently, and  as  I  see  nothing  in  the  gentleman's 
speech  but  the  foundation  of  a  long,  excited 
debate,  resulting  in  no  good,  believing  that 
every  man's  mind  is  made  up,  and  his  position 
taken,  and  that  no  words  can  possibly  l)e  spoken 
in  debate  that  would  change  one  single  vote,  I 
shall  desire  hereafter  to  have  the  rule  strictly 
enforced. 

Mr.  DeLONG.  I  may  be  a  little  over  san- 
guine, but  I  feel  as  confident  as  I  do  that  I  live, 
of  the  fact  that  tliis  year  will  see  the  ta.x- 
able  property  of  Nevada,  even  including  the 
net  proceeds  only,  and  without  counting  the 
gross  proceeds  of  our  mines,  reach  tlie  aggre- 
gate value  of  at  least  thirty  millions  of  dol- 
lars. 1  am  led  to  th»t  conclusian  by  (he  fact 
that  new  mills  are  continually  going  up  in  the 
Territory,  and  also  by  the  further  fact  that 
every  old  mill,  and  every  now  om-,  as  soon  as 
it  is  completed,  is  at  once  put  into  op-ration, 
with  all  the  work  it  can  do.  That  is  tli"  proper 
stand-point  from  which  to  judge.  Wt;  must  not 
single  out  one  mine  like  that  of  the  Gould  and 
Curry,  and  say  because  that  mine  produces 
less  ore  than  formerly,  therefore  the  whole 
amount  of  the  proceeds  of  the  mines  is  going 
to  be  less.  But  even  in  the  case  of  the  Gould 
and  Curry,  the  decrease  is  only  attributable  to 


760 


SCHEDULE. 


[20th  dixy. 


Tuesday,] 


Banks— DeLono — Warwick. 


[July  26. 


a  change  of  policy  on  the  part  of  the  directorc. 
They  have  simply  come  to  the  conclusion  that 
it  is  better  to  take  out  their  ore  less  rapidly, 
and  crush  more  of  it  themselves ;  or,  iu  other 
words,  to  give  less  of  their  profits  away  to  the 
mill  owners  than  they  have  done  heretofore. 
But  that  does  not  apply  to  all  the  mines. 
On  tlie  contrary,  where  we  find  one  company 
adopting  that  policy,  we  see  another,  like  the 
Potosi,  giving  out  to  the  mills  four  or  five 
times  as  much  ore  as  it  did  one  year  ago ;  and 
the  same  thing  is  true  of  many  other  compan- 
ies, and  their  mii*es,  down  that  whole  range 
towards  Gold  Hill.  And  even  on  the  other 
ledges  some  of  the  mines  are  ready  for  work- 
ing, and  hundreds  of  men  are  now  toiling,  and 
sending  up  the  rich  deposits,  where  six  months 
ago  nothing  was  being  done  but  running  bed- 
rock tunnels,  in  order  to  discover  the  ledge. 
These  are  improvements  of  an  important  and 
permanent  character,  which  will  add  largely 
to  the  taxable  property  of  the  State,  and  con- 
sequently to  our  ability  to  support  a  State  gov- 
ernment. 

I  support  the  amendment  which  was  accepted 
on  the  suggestion  of  the  gentleman  from  Lyon 
(Mr.  Kennedy),  because  I  believe  that  additional 
one-fourih  of  one  per  cent,  will  be  ample  to 
pay  the  Territorial  debt,  leaving  the  tax  of  one 
per  cent,  to  pay  the  current  expenses  of  the 
State  Government.  I  insist  that  it  will  be 
amply  sufficient.  In  my  own  opinion  we  shall 
have,  to  start  with,  forty  millions  worth  of 
property  as  a  taxable  basis.  A  tax  of  one  per 
cent,  on  that  will  yield  four  hundred  thousand 
dollars,  and  deducting  one-quarter  for  delin- 
quencies, etc.,  leaves  an  actual  revenue  of 
three  hundred  thousand  dollars,  and  if  we  can- 
not conduct  the  State  Government  on  three 
hundred  thousand  dollars  a  year,  raised  by  tax- 
ation, not  counting  in  the  Territorial  indebted- 
ness, then  I,  tor  one,  am  not  in  favor  of  adopt- 
ing a  State  Constitution. 

The  only  reason  why  I  am  in  favor  of  the 
proposition  to  limit  and  restrict  the  amount  of 
taxation  is  this,  that  then  nobody  can  go  out 
and  humbug  the  people.  We  can  then  say  to 
the  people  with  full  confidence  and  positiveness. 
that  by  no  ])08sibiHty  can  a  debt  of  a  greater 
amount  than  three  hundrad  thousand  dollars  be 
contracted,  and  neither  can  there  be,  by  any 
possibility,  a  tax  imposed  exceeding  one  and 
one-quarter  per  cent. ;  and  the  people  will  see 
and  know  that  we  are  speaking  the  truth,  be- 
cause our  fundamental  law  plainly  limits  the 
Legislature,  and  will  not  permit  it  to  incur  a 
greater  indebtedness,  or  to  tax  the  people  be- 
yond that  amount.  And,  sir,  just  as  sure  as  we 
are  living  men.  if  we  do  not  incorporate  some- 
thing of  the  kind  into  this  instrument,  we  sliall 
meet  rnen  on  the  stump  who,  in  their  earnest 
opposition  to  the  Constitution,  will  impress 
upon  the  people,  by  a  vast  array  of  figures 
which  they  do  not  themselves  understand — 
which  men  of  ordinary  intelligence  cannot 
comprehend,  l)Ut  which  will  serve  nevertheless 


to  frighten  dunces — that  the  taxes  under  the 
State  Government  are  going  to  be  perhaps  as 
high  as  three  or  four  per  cent. 

I  am  in  favor,  too,  of  the  proposition  to  put 
the  Legislature  last  on  the  list.  It  will  make 
the  members  study  economy,  because  they  will 
want  to  make  sure  of  their  own  compensation, 
and  in  order  to  obtain  that,  they  will  see  to  it 
that  no  squandering  of  the  public  funds  takes 
place.  Being  the  last  on  the  list,  they  will  take 
care  that  something  shall  be  left,  when  their 
turn  comes,  for  they  will  understand  that  we 
have  no  swamp  land  fund  here  to  steal  from, 
as  they  had  iu  the  State  of  California,  when 
everything  else  was  used  up. 

Mr.  BANKS.  The  gentleman  knows  some- 
thing about  that,  I  think.     [Merriment.] 

Mr.  DkLONG.  Oh,  the  gentleman  from 
Humboldt  was  also  there,  and  I  believe  they 
had  to  place  a  special  guard  around  the  treas- 
ury to  keep  him  out  of  the  swamp  land  fund. 
[Laughter.] 

The  PRESIDENT  pro  tern.  Gentlemen  must 
not  indulge  in  personal  or  pecuniary  allusions. 

Mr.  DeLONG.  Well,  I  am  in  favor  of  the 
proposition  as  a  whole.  I  know  that  many 
reckless  men  are  elected  to  the  Legislature, 
and  members  sometimes  become  careless  and 
inattentive.  When  some  good  fellow  comes 
before  the  Legislature  with  a  bill  for  relief,  or 
a  claim  for  building  a  new  State  Prison,  or  a 
Capitol  building,  or  the  improvement  of  the 
Insane  Asylum  by  the  addition  of  a  wing,  they 
say  it  does  not  affect  them,  nor  anybody  in 
particular,  and  so  long  as  it  docs  not  affect 
their  own  pay  these  good-natured  souls  will 
vote  for  such  bills,  and  so  they  will  override,  and 
overrule,  and  vote  down  the  men  who  work, 
and  vote,  and  act  for  the  good  of  the  State,  and 
who  have  to  share  with  them  the  odium  of 
squandering  the  public  money.  But  you  bring 
it  down  to  their  own  interest,  and  you  will 
change  all  that.  You  hit  the  pocket  nerve, 
and  you  will  find  it  the  most  tender  and  sensi- 
tive in  the  human  system,  and  the  man  will 
jump  higher,  and  yell  louder,  than  he  will  if 
you  hit  him  iu  the  eye.  [Merriment.]  You 
adopt  such  a  provision  that  the  members  of  the 
Legislature  cannot  pay  their  board  bills  unless 
tliey  economize,  and  that  very  class  of  men 
will  study  economy  harder  than  they  ever 
studied  anything  before  in  the  world.  For 
these  reasons  I  siiall  support  the  proposition, 
as  amended,  limiting  the  taxation  to  a  dollar 
and  a  quarter  on  each  one  hundred  dollars. 

Mr.  WARWICK.  I  am  unal)le  to  perceive 
what  benefit  can  possibly  be  secured  by  en- 
deavoring to  undervalue  the  wealth  of  the  pro- 
posed State.  Now,  sir,  there  is  no  gentleman 
here  but  knows  that  at  the  other  side  of  the 
Territory  we  have  a  region  of  country  which 
will  constitute  almost,  if  not  quite,  as  wealthy 
a  portion  of  the  State  as  the  section  lying  in 
this  vicinity.  Within  about  a  year  past,  a 
town  has  sprung  up  in  the  County  of  Lan- 
der, which  already  contains  taxable  property 


20tli  day.] 


SCHEDULE. 


761 


Tuesday,] 


Mason — Warwick. 


[July  26. 


amounting  to  nearly  a  million  and  a  half  of 
dollars.  It  is  as  large  as  the  town  of  Carson, 
located  in  a  fabulously  rich  mining  region,  with 
about  a  dozen  quartz  mills  already  built,  some 
of  them  very  valuable,  and  a  fair  prospect  that 
by  this  time  next  year  there  will  be  thirty  or 
forty  mills  running,  with  rich  rock  enough  to 
supply  all  of  them,  and  more.  I  think  I  am 
speaking  within  bounds  when  I  say  that  by  this 
time  next  year  the  taxable  property  of  Lander 
County  alone  will  amount  to  between  five  and 
seven  millions  of  dollars. 

Nor  do  I  believe  that  is  the  only  portion  of 
the  Territory  where  the  taxable  property  will 
be  increased  in  like  manner,  and  pos^sibly  in 
the  same  proportion.  It  is  well  known  that  the 
County  of  Humboldt  is  also  rapidly  increasing  ; 
that  not  only  its  mines,  but  its  agricultu- 
ral wealth  especially,  is  being  developed  daily. 
The  thousands  who  rushed  into  Lauder  and 
Humboldt  Counties  last  year  have  to  be  fed, 
and  their  main  supplies  of  the  products  which 
you  are  unable  to  furnish  from  this  section, 
will  have  to  be  drawn  from  those  new  agricul- 
tural districts,  affording  them  an  almost  inex- 
haustible source  of  wealth.  Then  in  Nye 
County  the  wealth  of  the  mines  is  being  largely 
developed,  to  say  nothing  of  Esmeralda  and 
the  many  localities  where  recent  discoveries 
of  the  precious  metals  have  been  made. 

I  think,  sir,  it  is  not  good  policy  for  mem- 
bers to  undervalue  the  rising  prospects  and 
progress  of  our  new  State,  for  any  purpose 
whatever.  And  inasmuch  as  we  have  witnessed 
the  astonishing  growth  and  progress  of  the 
Territory  in  the  past,  I  see  no  reason,  merely 
because  of  the  little  flurry  of  hard  times  at 
present  complained  of,  why  we  should  despair 
of  the  future.  Any  person  who  has  seen  these 
flurries  of  hard  times,  as  I  have  in  past  years, 
in  other  communities,  I  think  will  be  disposed 
to  look  upon  the  present  apparent  depression 
calmly  and  unmoved.  For  my  own  part,  I 
fully  agree  with  the  gentleman  from  Storey, 
(Mr.  DeLong,)  that  the  taxable  property  of 
the  State,  perhaps  within  one  year,  and  certainly 
within  two,  at  the  farthest,  will  amount  to  forty 
or  fifty  millions  of  dollars. 

Mr.  MASON.  While  I  indorse  heartily  the 
ideas  advanced  by  the  gentleman  from  Lander, 
the  able  and  oniy  representative  of  that  county 
in  this  body,  at  the  same  time  I  am  .satisfied 
that  even  he  does  not  fully  appreciate  the 
great  wealth  of  that  mineral  region.  I  am 
aware  it  is  reported  that  the  books  of  Lander 
County  are  now  lying  in  Wells,  Fargo  &  Go's 
express  office,  and  cannot  be  taken  out  for  want 
of  the  funds  to  pay  the  expressage,  yet  not- 
withstanding that,  and  the  present  apparent 
poverty  of  the  county,  I  am  satisfied  that  it 
will  in  the  future  be  one  of  the  wealthiest  por- 
tions of  the  State.  I  have  been  there  myself 
and  know  something  of  the  vast  extent  of  the 
undeveloped  resources  of  that  county,  too  vast 
to  be  portrayed  even  by  my  eloquent  friend 
from  Lander,  who   possessess  an  imagination 


capable  of  soaring  aloft,  where  the  eye  of  man 
cannot  pursue,  where  the  effulgent  sun-light 
gilds  the  azure  morning,  and  where  the  stars 
deck  the  sable  robe  of  night.  [Laughter.]  But, 
sir,  aside  from  the  eloquence  of  the  tragedian 
from  Lander,  I  say  I  am  satisfied  that  it  is  the 
richest  country  under  the  sun.  The  world  has 
never  seen  or  known — the  history  of  created 
things  has  never  presented  to  the  mind  of  man 
anything  to  compare  with  the  enormous  amount 
of  wealth  stored  within  that  country  by  the 
hand  of  nature.  I  am  satisfied  of  that  fact 
from  my  own  observation,  because  I  have  been 
there  and  looked  at  those  ledges,  at  their  de- 
velopments, their  outcroppings,  and  their  cas- 
ings, and  there  is  nothing  ever  conceived  by 
the  imagination  of  man  that  can  exceed  the 
vast  natural  wealth  deposited  in  that  county. 
It  was  for  that  reason  alone  that  I  stated  here 
the  other  day  to  my  dignified  friend  from  Sto- 
rey, (Mr.  Collins,)  that  as  soon  as  the  vast 
natural  wealth  of  those  remote  counties  shall 
be  known  and  recognized,  the  enormous  popu- 
lation of  Storey  County  will  be  decreased,  and 
that  county  will  no  longer  be  burdened  with 
such  an  overplus  of  inhabitants  as  to  require 
the  services  in  its  District  Court  of  three  Judges. 

I  thought,  when  I  arose,  that  I  would  take 
occasion  to  abuse  the  lawyers  a  little,  and 
especially  the  lawyers  in  this  Convention,  but 
I  believe  I  will  forbear.  [Laughter.]  The  gen- 
tleman from  Lander  is  a  lawyer,  and  if  he  will 
excuse  the  allusion,  so  am  I,  sir.  I  was  a  law- 
yer twenty-five  years  ago,  and  have  often  been 
admitted  to  the  bar  since.  [Merriment.]  And 
I  will  tell  the  gentleman  the  reason  why  I 
abandoned  the  profession.  I  defended  a  man 
for  stealing  a  mule,  and  managed  to  get  him 
acquitted  ;  but  three  weeks  afterwards  the  in- 
fernal scoundrel  stole  a  cow  from  me.  and  ran 
away.  I  abandoned  the  practice  of  the  law 
from  that  moment,  sir.  [Laughter.]  But  leav- 
ing jocularity  aside,  the  greatest  of  the  evils 
which  have  darkened  the  page  of  our  country's 
history  has  been  the  result  of  dishonest  and 
disloyal  legislation.  We  have  seen  its  effects 
here  with  painful  distinctness. 

The  PRESIDENT  pro  tern.  The  Chair  dis- 
likes exceedingly  to  interrupt  the  gentleman, 
but  he  is  wandering  very  far  from  the  ques- 
tion. 

Mr.  WARWICK.  I  hope  the  gentleman  will 
have  leave  to  proceed.  Leave  has  been  grant- 
ed to  one  distingushed  member,  and  why  not 
to  another  ? 

Mr  MASON.  I  am  willing  to  express  my- 
self freely,  and  take  the  consequences,  for  I  be- 
long to  nobody,  and  nobody  belongs  to  me.  I 
say  we  have  seen  the  power  of  disloyal  legisla- 
tion here.  I  have  sat  here  and  watched  it  with 
intense  anxiety,  until  cold  chills  ran  up  my 
back.  It  needs  no  words  of  comment.  We 
have  seen  that  spirit  manifested  here  in  all  its 
painful  distinctness,  that  spirit  which  lins  dark- 
ened every  page  of  our  country's  history.  It 
is  to  be  seen  in  partial  enactments  in  favor  of 


/oli 


SCHEDULE. 


[20th  day: 


Tuesday,] 


Mason — Lockwood — Warwick — DeLong. 


[July  2ff. 


wealth  and  against  labor,  and  in  the  entire  neg- 
lect to  make  any  attempt  to  remove  social 
evils,  however  stiii)endous  they  may  be. 

The  PRESIDENT  pro  tern.  The  gentleman 
will  have  to  confine  liis  remarks  to  the  question 
before  the  Convention. 

Mr.  MASON.  I  was  going  to  abuse  the  law- 
yers next ;  but  however,  I  will  yield  the  floor. 
[Laughter.] 

Mr.  LOCKWOOD.  I  have  heard  of  strategy 
in  military  matters,  and  I  have  now  become 
convinced  that  there  is  such  a  thing  as  strategy 
in  a  Constitutional  Convention.  Although  I 
admire  tlie  genius  which  has  been  displayed, 
yet  1  am  fearful  that  upon  this  question  there  is 
a  desire  to  cheat  somebody.  It  seems  that  gen- 
tlemen who  favor  tiie  amendment  before  the 
Convention  arc  very  much  inclined  to  distrust 
legislative  bodies,  and  I  must  say  that  my  faith 
is  somewhat  shaken,  when  I  have  before  me 
the  testimony  of  honorable  gentlemen  who 
have  filled  prominent  positions  in  such  bodies, 
and  wlio  tell  us  that  they  were  generally  in- 
clined to  f\ivor  the  passage  of  bills  of  that 
class  and  character  that  would  rob  the  State 
treasury.  Now  I  will  premise  by  saying  that  I 
never  was  in  a  legislative  body,  and  do  not 
know  the  facts,  but  I  take  the  evidence  of  gen- 
tlemen who  have  been  in  them — 

Mr.  WARWICK.  I  rise  to  a  point  of  order, 
that  the  gentleman  ought  not  to  undertake  to 
talk  on  a  subject  which  he  confesses  he  knows 
nothing  a))out.. 

Mr.  LOCKWOOD.  I  am  merely  repeating 
the  evidence  which  has  been  given  before  the 
Convention.  Now,  sir,  I  was  an  advocate  of 
the  proposition  to  pay  members  of  the  Legis- 
lature eight  dollars  a  day.  and  it  seemed  to  me 
that  the  Convention  decided,  by  adopting  the 
proposition,  that  eight  dollars  a  day  is  no  more 
than  a  reasonable  compensation  for  a  man  who 
is  qualified  to  fill  a  position  of  that  kind.  It 
was  for  this  reason,  as  I  understood,  that  the 
proposition  estal)lishing  that  rate  of  compensa- 
tion was  engrafted  intn  the  (,lonstitutioii.  But 
now  let  us  see  how  ingeniously  it  is  proposed 
to  cutoff  such  compensation.  AVe  have  enacted 
in  a  previous  article,  the  proposition  that  the 
State  shall  ntsver  run  into  deV)t  to  an  amount 
exceeding  three  hundred  thousand  tiolhirs,  and 
gentlemen  fear  that,  having  done  so,  the  oppo- 
nents of  the  State  Government  will  go  before 
the  people  and  tell  them  that  although  by  and 
by  they  may  be  able  to  support  a  State  Gov- 
ernment upon  a  reasonaV)le  amount  of  taxation, 
yet  in  the  interim,  at  least  for  the  first  few 
years,  the  taxation  will  have  to  be  enormous, 
because  tiiey  cannot  otherwise  sustain  the  gov- 
ernment, in  view  of  the  threi'  liundred  thousand 
dollar  limitation  of  State  indeljtediR'ss.  In  or- 
der to  prevent  that,  these  gentbunen  now  come 
up  ami  magnanimously  jjropose  that,  inasimich 
as  tlicy  have  agreed  in  pay  the  mcunliers  of  the 
Legislature  eight  dollars  a  day,  they  will  carry 
out  the  agreement,  and  pay  them  such  com- 
pensation, provided  that,  upon  a  levy  of  only 


one  per  cent,  upon  the  taxable  property  of  the 
State,  they  shall  have  the  financial  skill  and 
ability  to  i)ay  all  the  other  State  exjienses, 
which  will  amount  perhaps  to  three  or  four 
hundred  thousand  dollars  a  year.  After  they 
shall  have  made  all  the  other  appropriations, 
and  provided  for  all  the  indelttedness  of  the 
Territory,  and  State,  if  there  is  still  money 
enough  left,  derived  from  this  limited  rate  of 
taxation,  they  can  receive  their  eight  dollars  a 
day,  but  not  otherwi.se.  I  must  say  that  if  we 
adopt  such  a  ])rovision  the  future  legislators  of 
this  State  will  be  very  apt  to  exclaim,  in  the 
language  of  a  noted  politician  in  the  California 
Legislature,  that  they  are  astonished  at  the  pro- 
fundity of  our  nmgnanimity. 

Now.  sir,  notwithstanding  any  such  provision 
as  this,  the  opponents  of  the  Constitution  are 
going  before  the  people,  and  they  are  going  to 
demonstrate,  in  a  plain,  business-like  manner, 
what  a  State  Government  must  cost  the  people, 
and  what  amount  of  taxation  must  be  levied  in 
order  to  support  it.  And  let  us  suppose  a  case, 
right  in  ])oint  here.  Suppose  that  this  restric- 
tion being  adopted,  it  should  be  clearly  demon- 
strated, to  the  comprehension  of  all  business 
men,  that  after  the  necessary  appropriations 
required  for  carrying  on  the  State  Government 
for  a  single  year  not  a  dollar  would  be  left  for 
the  compensation  of  the  Legislature  ?  In  that 
case  I  imagine,  and  no  doubt  every  sensible 
man  will  agree  with  me,  that  the  Legislature 
would  be  found  a  good  deal  thinner,  in  both 
branches,  than  this  Convention  is  at  the  present 
time. 

But  gentlemen  tell  us  that  we  are  going  to 
collect  a  tax  on  some  fifteen  or  twenty  millions 
of  dollars,  as  the  gross  proceeds  of  the  mines. 
Now  that,  I  insist,  is  an  unfair  assertion,  when 
it  is  made  in  the  face  of  the  fact  that  under  the 
law  of  the  Territorial  Legislature,  taxing  the 
gross  proceeds  of  the  mines,  practically  the 
amount  collected  has  been  nothing  at  all.  I 
ask  the  gentleman  from  Storey  (Mr.  Di-Long), 
by  what  rule  of  aritluuetic.  wlitsiher  he  goes 
into  DaVjoU,  or  Smith,  or  into  some  of  the  higher 
branches  of  mathematics,  he  manages  to  figure 
it  out,  when,  under  the  Territorial  law,  taxing 
the  gross  proceeds  of  the  mines,  we  pay  out  all 
we  receive,  in  the  vain  hojjc  of  collecting  more, 
that  under  the  State  organization,  with  the  same 
sort  of  enactment,  we  are  going  to  collect  one 
huiulred  and  fifty  or  two  hundred  thousand 
dollars  from  the  mines,  whether  it  be  from  the 
gross  proceeds,  or  any  other  proceeds  ? 

Mr.  DkLONG.  Was  it  the  fault  of  the  law 
that  nothing  was  collected,  or  of  its  adminis- 
tration ? 

Mr.  LOCKWOOD.  The  same  impedimenta 
will  exist  under  a  State  law  that  have  hereto- 
fore be(!n  encountered.  I  insist  that  we  should 
look  these  matters  fairly  in  the  face,  without 
ilodging  or  flinching.  Let  us  go  ])efore  the 
]»c(ipl('  npon  a  plain  sliowing,  and  say  to  them  : 
"  If  you  desire  a  State  Government  you  can 
have  it,  but  you  will  have  to  pay  for  it." 


20th  day.] 


SCHEDULE. 


763 


Tuesday,] 


DeLong — LocKWooD — Banks — Johnson — Collins. 


[July  26. 


Mr.  DeLONG.  Win  the  gentleman  allow  me 
to  ask  him  one  question  ?  Did  he  iixvor  an  in- 
crease of  the  compensation  of  the  Legislature, 
before  he  had  made  up  his  mind  to  oppose  the 
State  Constitution  ? 

Mr.  LOCKWOOD.  I  have  never  yet  made 
up  my  mind  to  oppose  the  State  Constitution. 
Aiid  here  let  me  answer  one  insinuation  which 
has  been  made  by  the  gentleman's  colleague 
frrim  Storey  County  (Mr.  Fitch),  to  the  effect 
that  those  who  are  opposed  to  the  Constitution 
desire  to  make  it  as  obnoxious  as  possible.  I 
consider  that  any  such  charge  is  very  improper 
and  unfair,  and  so  far  as  I  am  concerned,  if  I 
knew  that  this  Constitution  was  going  to  he  ac- 
cepted by  the  people,  there  is  not  a  sigle  vote 
that  I  have  given  in  the  Convention  that  I  would 
desire  to  alter,  or  to  recall — not  one. 

Mr.  BANKS.  Some  things  have  been  said  by 
those  who  are  opposed  to  this  proposition  to 
which  I  desire  very  briefly  to  reply.  The  last 
gentleman  on  the  floor  has  laid  peculiar  stress 
upon  the  failure  of  the  tax  on  the  mines  which 
was  levied  by  the  Legislature  in  some  year — I 
Vjelieve  in  1862,  or  the  year  before  that.  L,ast 
year  also  a  law  was  passed  taxing  the  mines 
and  mining  property,  and  the  year  before,  I 
think  it  was,  the  Legislature  passed  a  law  im- 
posing a  tax  upon  the  gross  proceeds  of  the 
mines.  But  it  seems  that  the  Legislature  failed 
to  enact  a  law  under  which  any  question  could 
be  raised  to  take  to  the  courts.  And  that,  by 
the  way,  strikes  me  as  something  remarkable 
in  legislation.  It  is  certainly  very  singular 
indeed,  that  the  Legislature  of  this  Territory 
was  unable  to  frame  a  law  upon  which  there 
could  arise  any  question  to  be  brought  before 
the  courts.  It  appears,  however,  that  there 
were  finally  some  questions  taken  to  the  courts, 
and  though  collections  were  delayed,  I  believe 
there  has  at  last  been  a  decision  favorable  to 
the  law.     Is  not  that  correct  ? 

Mr.  DeLOXG.     Yes,  sir. 

Mr.  JOHNSON.  And  the  case  has  been  ap- 
pealed to  the  Supreme  Court  of  the  United 
States. 

Mr.  BANKS.  Now,  sir,  in  California,  from 
1857  up  to  1861,  the  Legislature  passed  various 
laws  on  the  same  subject,  without  success,  but 
at  last  obtained  an  efficient  revenue  law.  I 
think  the  Legislature  of  that  St^  has  been  sin- 
gularly unfortunate  in  that  kind  of  legislation  ; 
but  I  do  not  believe,  with  the  light  of  the  ex- 
perience of  California  before  us,  that  we  are 
likely  to  repeat  its  blunders.  It  is  not  strange, 
however,  when  the  Legislature  of  California 
made  such  mistakes,  that  the  Legislature  of  1863 
in  this  Territory  should  have  failed  to  pass 
such  a  revenue  law  as  perhaps  ought  to  have 
been  passed.  At  any  rate,  I  do  not  conceive 
that  any  defect  which  may  have  been  discover- 
ed in  that  law  should  necessarily  lead  us  to  the 
conclusion  that  no  law  can  be  passed  for  the 
taxation  of  the  proceeds  of  the  mines  which 
will  be  efficient.  I  believe,  on  the  contrary, 
that  the  simple  mode  of  taxation   which  has 


been  adopted  by  the  United  States  Govern- 
ment will  be  found  to  l)e  etlicient  in  all  cases, 
and  will  raise  as  much  reveniu'  from  that  source 
as  should  be  paid  by  that  kind  of  property. 

Again,  the  gentleman  from  Ormsl)y  (Mr. 
Lockwood)  has  dwelt  with  a  good  deal  of 
earnestness  upon  what  lie  seems  to  regard  as  a 
want  of  charity  for  the  Legislature.  He  appears 
to  have  a  particularly  friendly  feeling  towards 
the  Legislature,  and  takes  especial  pains  to 
repel  promptly  anything  which  he  regards  as 
an  attack  upon  it.  Now,  although  I  do  not 
Ijretend  to  join  in  that  kind  of  )K)pular  clamor, 
which  amounts  to  universal  and  imliscriininate 
denunciation  of  all  legislators  and  Legislatures, 
yet  I  will  say  that  in  the  State  of  California, 
since  the  year  1861,  at  any  rate,  there  has  never 
been  a  session  in  which  all  the  real  work  was 
not  performed  within  the  space  of  si.xty  days. 

A  Member.    Time ! 

Mr.  BANKS.  I  think  I  have  a  minute  left, 
sir.  Let  me  say  this,  in  conclusion,  that  if  we 
adopt  this  limitation,  the  Legislature  will  ac- 
commodate itself  to  circumstances,  just  as  an 
individual  accommodates  himself  to  his  income, 
governs  his  expenses  according  to  it,  and  gen- 
erally gets  along  about  as  well  on  an  income 
of  one  thousand  dollars  as  he  would  on  five 
thousand,  or  even  ten  thousand  dollars  a  year. 
We  propose  to  give  the  Legislature  to  under- 
stand that  it  is  limited,  as  we  would  an  indi- 
vidual in  our  employment.  We  say  "  there  is 
your  income  ;  now  govern  yourself  according- 
ly." And  my  word  for  it  the  Legislature  will 
do  it.  Under  this  provision  I  do  not  believe 
the  sessions  of  the  Legislature  will  continue 
beyond  about  one  month. 

Mr.  COLLINS.  I  hardly  know,  sir,  what  I  can 
say  on  this  subject  within  the  s])ace  of  five  min- 
utes, but  I  will  begin  where  my  frieiul  from  Hum- 
boldt (Mr.  Banks)  left  oft— with  the  necessity  for 
economy.  If  we  make  it  a  matter  of  necessity, 
economy  is  sure  to  follow.  Why,  sir,  look  at 
the  economy  of  this  Convention,  for  example, 
as  compared  with  that  of  last  year.  Then  were 
incurred  bills  for  printing,  and  a  variety  of 
expenses,  which  this  Convention  has  entirely 
avoided,  and  yet  have  we  not  performed  our 
duty  nearly,  if  not  quite,  as  well  as  if  we  had 
had"  ten,  fifteen,  or  twenty  thousand  dollars  to 
spend?  Now  I  regard  the  proposition  of  my 
colleague  (Mr.  Chapin)  as  well  calculated  to 
force  the  Legislature  into  economy. 

The  gentlemen  from  Ormsby,  (.Mr.  Johnson,) 
in  opposing  the  proposition,  takes  exce])tion  to 
some  of  the  figures  which  have  been  presented 
by  my  colleague.  Well,  it  may  be  that  in  many 
respects  his  figures  are  too  small,  but  if  that  be 
so,  why  should  we  not  ajjpoint  a  committee  to 
be  composed  of  gentlemen  who  are  aciiuainted 
with  these  matters,  and  let  that  committee  bring 
in  a  statenuMit  for  the  information  of  the  Con- 
vention, showing  what  the  proposed  State  Gov- 
ernment will  probably  cost,  and  what  the  Ter- 
ritorial Government  has  cost.  Then,  knowing 
the  cost  of  each,  we  can  readily  see  the  diflfer- 


764 


SCHEDULE. 


[20th  day. 


Tuesday,] 


Collins— Brosnan — Crosman — Chapin. 


[July  26. 


ence,  and  can  intelligently  decide  whether  or 
not  it  is  practicable,  or  advisable,  to  make  the 
change  from  the  Territorial  to  the  State  form  of 
Governmi'iit.  That  is  the  real  question  before 
us.  and  before  the  people  of  the  Territory.  Un- 
der the  Territorial  Government  of  last  year — 
1863 — a  tax  of  only  fifty  cents  on  each  one  hun- 
dred dollars  was  levied  and  collected  for  terri- 
torial purposes,  but  that  was  all  exhausted,  and 
a  debt  was  contracted  in  amount  equal,  I  be- 
lieve, to  another  tax  of  fifty  cents  on  the  one 
huudred  doUars.  That  would  make  the  whole 
expense  of  the  Territorial  Government  for  that 
year  equal  to  a  tax  of  one  per  cent.  Therefore 
it  would  follow  that  if  we  can  support  a  State 
Government  upon  a  tax  of  one  per  cent.,  it  will 
be  no  dearer  than  the  Territorial  Government 
has  been.  I  admit  there  are  some  things  which 
will  be  more  expensive  under  a  State  Govern- 
ment, but  if  gentlemen  are  not  disposed  to  be 
captious,  if  they  are  willing  to  enter  upon  a 
system  of  economy,  we  shall  get  along  about  as 
cheaply  as  under  the  present  system.  And  in 
order  to  be  absolutely  sure  that  economy  will 
be  jiracticed,  let  us  define  and  .specify  just  what 
the  Jjegislature  may  expend.  If  we  do  that,  I 
am  confident  that  we  shall  be  able  to  go  before 
the  people  of  the  Territory  and  present  such 
facts  as  will  commend  the  State  form  of  Gov- 
ernment to  their  favorable  estimation  and  judg- 
ment. 

Now  gentlemen  are  aware  that  we  are  inher- 
iting a  large  debt — a  debt  which  must  be  paid, 
whether  we  shall  have  a  Territorial  or  a  State 
Government — amounting,  principal  and  inter- 
est, to  something  over  seventy-five  thousand 
dollars  a  year,  for  three  years  to  come.  We 
shall  have  to  pay,  in  interest  and  principal, 
S23;i.500,that  being  the  debt  which  we  inherit 
from  the  Ten-itory.  But  there  is  only  a  small 
proportion  of  that  amount  which  has  to  be  paid 
in  18ti.5,  and  by  the  time  we  are  called  upon  to 
pay  the  major  part  of  the  debt,  I  am  in  the 
hope  that  the  income  or  revenue  derived  from 
taxation  will  be  much  larger  than  the  gentle- 
man from  Ormsby  supposes.  I  believe  that 
with  the  proceeds  of  tiie  mines  we  shall  have  a 
basis  of  taxation  of  at  least  thirty-five  or  forty 
millions  of  dollars,  upon  which  to  raise  a  reve- 
nue, and  that.  I  trust,  will  be  sufficient.  I  am 
sure  that  the  Legislature,  with  the  pressure  of 
poverty  upon  it,  will  impos<!  a  tax  ui)on  the 
gross  proceeds  of  the  mines,  so  as  to  obtain  as 
large  a  revenue  as  possible. 

We  have  to  ])rovide  for  Teiritorial  indebted- 
ness, as  follows  :  In  the  first  j)lace  we  have  the 
interest  and  principal  on  what  are  known  as  the 
Rice  bonds,  amounting  to  S(),.'>0() ;  thi^n  S2(;,00(), 
interest  and  principal,  on  the  Curry  bonds,  to 
be  jtaid  in  P'el)riiary  and  March,  IKfi") ;  then 
$27,000  interest  on  bonds  payable  in  iHfiti ;  in- 
terest and  principal  on  new  bonds  to  be  ])aid  in 
IHfUi,  S12.5O0.  interest  and  principal  on  same. 
payabl<!  in  1807,  $S1,.">00  ;  making  in  all.  to  be 
paid  within  the  next  three  years,  S233..500. 
Now  it  occurs  to  me  that,  with  our  growing 


wealth,  and  the  income  or  revenue  to  be  de- 
rived therefrom,  we  shall  have  no  difficulty  in 
meeting  all  this  indebtedness,  as  fast  as  it  ac- 
crues, if  we  only  secure  an  economical  admin- 
istration of  public  affairs. 

Notwithstanding  the  fact  that  at  present 
poverty  seems  to  be  staring^  us  in  the 
face,  and  many  of  our  business  men  feel 
overwhelmed  by  its  depressing  influence,  and 
disposed  to  look  at  the  future  only  through  a 
cloud  of  darkness,  yet  I  have  faith  to  believe 
that  our  Territory  Ls  only  under  a  cloud  for 
the  time  being.  Our  productions,  and  the 
amount  of  our  business  operations,  are  equal 
to  what  they  have  ever  been  known  at  any 
previoiis  time.  New  mining  discoveries  are 
being  constantly  made,  and  new  claims  devel- 
oped, and  ranches  are  being  located  and  estab- 
lished, all  over  the  Ten'itory.  All  tliat  is  re- 
quired to  restore  prosperity  is  a  little  energy, 
of  which  our  people  have  an  abundance,  and  I 
am  sure  that  our  sources  of  revenue  will  be  in- 
creased year  after  year,  and  before  the  three 
yeara  named  in  the  proposed  amendment  shall 
have  expired  I  fully  believe  that  our  taxable 
property  will  have  increased  to  forty  millions  of 
dol  lars.  Therefore  I  hold  that  the  section  is  a 
proper  one  for  our  adoption,  and  I  would  like 
to  see  a  committee  appointed,  composed  of  gen- 
tlemen who  have  had  legislative  experience,  to 
take  into  consideration  the  propo-sition  submit- 
ted by  my  colleague,  and  bring  in  a  statement 
of  what  will  prol)ably  be  the  annual  expense 
of  a  State  Government  during  the  next  one, 
two,  or  three  yeai-s.  Then  we  can  form  at  least 
a  close  approximation,  and  having  done  so  let 
us  prescribe  what  the  Legislature  may  expend, 
and  how  it  shall  be  expended. 

The  PRESIDENT  pro  tern.  The  gentleman's 
time  is  up. 

Mr.  BROSNAN.  I  hope  we  may  now  be  al- 
lowed to  come  to  a  direct  vote  on  this  question. 
I  am  prepared,  myself,  to  vote  for  the  amend- 
ment.    ["Question!  question!"] 

The  proposed  section,  as  modified  by  the 
amendment  offered  by  Mr.  Kennedy,  was  again 
read,  as  follows : 

Sec.  — .  For  tlie  first  three  years  after  the  adoption 
of  this  Constitution  the  Lej^islaturc  shall  not  levj-  a  tax, 
for  State  puriKiacs.  exceeding  one  iier  ctiut.  \ict  annum 
on  the  taxable  property  in  tht;  State,  nor  shall  any  ap- 
propriations be  made  out  of  the  revenue  arising  from 
said  tax,  except  in  the  following  order,  to  wit:  First, 
for  i)aying  interest  upon  the  public  debt  Second,  for 
salaries  of  State  ottieers.  Third,  for  State  Prison  ex- 
penses. Fonrtli,  for  educational  purixwes.  Fifth,  for 
legislative  and  niisctdlaneoiis  exixjnses.  Provided,  the 
Legislature  may  levy  a  special  tax  not  exceecUng  one- 
fourth  of  one  ijer  cent,  jier  aniuun,  whi<;h  shall  be  ap- 
propriated to  the  i)ayment  of  the  indebtisduess  of  the 
Territory  of  Nevada,  assumed  by  the  State  of  Nevada, 
and  for  that  purpose  only,  until  all  of  said  indebted- 
ness is  paid. 

Mr.  CROSMAN.  That  provides  for  a  tax  of 
one  per  cent,  only,  for  three  yeai-s,  as  I  under- 
stand. 

Mr.  CHAPIN.     For  one  per  cent,  a  year. 

Mr.  CROSMAN.  I  think  it  does  not  read  in 
that  way. 


20th  day.] 


SCHEDULE. 


765 


Tuesday,] 


CuAPiN — Kennedy — Crosman — Frizell— Fitch — Tagliabue. 


[July  26. 


Mr.  CHAPIN.  It  should  so  read,  if  it  does 
not. 

Mr.  KENNEDY.  That  is  the  intention,  cer- 
tainly; will  the  Secretary  read  that  part  again? 

The  SECRETARY.  It  reads,  "  For  the  first 
three  years  after  the  adoption  of  this  Constitu- 
tion the  Legislature  shall  not  levy  a  tax,  for 
State  purpose.?,  exceedmg  one  per  cent,  per  an- 
num," etc. 

Mr.  CROSMAN.  Very  well.  Now  I  move  to 
amend  by  striking  out  "  three  "  and  inserting 
"  two,"  so  as  to  read  "  for  the  first  two  years," 
etc. 

Mr.  FRIZELL.    I  second  that  amendment. 

Mr.  CROSMAN.  I  think  there  are  good  rea- 
sons for  making  the  change.  It  has  been  urged 
that  this  amount  of  taxation  will  be  insufficient 
to  carry  on  the  State  Government,  and  if  so 
we  shall  be  ninning  behind  a  trifle  perhaps  in 
our  State  expenses. 

Mr.  FITCH.  Then  that  would  be  used  as  an 
argument  against  us. 

Mr.  CROSMAN.  Well,  if  that  is  the  case  we 
can  reply  that  property  will  be  increasing 
rapidly  during  the  interim,  and  it  may  be  that 
after  two  years  one  per  cent,  will  be  sufficient. 
We  have  provided,  at  any  rate, for  all  the  Slate 
officers  to  be  elected,  for  two  years,  and  after 
that  time  it  may  be  advisable  to  leave  the  mat- 
ter open  for  the  Legislature,  untrammelled  by 
any  constitutional  provision.  Therefore,  I  hope 
the  amendment  I  have  otfered  will  prevail. 

Mr.  CHAPIN.  I  hope  that  amendment  will 
not  be  made.  I  am  sorry  that  I  cannot  accept 
it  at  once,  and  so  put  a  stop  to  all  talk  about  it, 
but  I  feel  like  this,  that  if  we  really  cannot  run 
this  State  Government  on  a  tax  of  one  and  one- 
quarter  per  cent,  per  annum,  then  for  my  part 
1  do  not  want  to  adopt  any  State  Government. 
I  would  certainly  oppose  it,  if  I  thought  the 
expense  was  going  to  exceed  that  amount. 
Here  we  can  foot  up  an  aggregate  of  e.ypen(li- 
tures  amounting  to  one  hundred  and  sixty-six 
thousand  dollars  a  year,  under  the  Territorial 
Government,  and  if  the  revenue  derived  from 
a  taxation  of  one  and  one-fourth  per  cent,  is 
not  going  to  be  sufficient  to  carry  on  our  State 
Government,  I  am  willing  to  remain  in  the  tad- 
pole condition  for  another  four  years,  if  neces- 
sary. We  have  a  taxable  property  which  ought 
to  yield  an  amount  of  revenue  of  four  hundred 
thousand  dollars,  upon  a  tax  of  one  per  cent., 
and  another  one  hundred  thousand  ui)on  the 
additional  tax  of  one-fourth  of  one  per  cent. 
Then,  in  addition  to  all  that,  we  have  the  l)onds 
for  three  hundred  thousand  dollars  which  the 
Legislature  is  authorized  to  issue,  under  the 
provision  heretofore  adopted,  making  one  h\in- 
dred  thousand  dollars  a  year,  for  the  three 
years,  to  supply  any  possible  deficiency.  Now 
1  believe  the  privilege  of  contracting  a  loan  to 
that  amount  is  not  going  to  be  necessary,  and  I 
wish  it  could  be  stricken  out. 

But  at  any  rate  I  want  to  compel  a  system  of 
economy.  I  want  to  have  every  man  who  is 
elected   to  oflice,  or  sent  to   the  Legislature, 


know  before  he  comes  here  that  he  has  got  to 
economize — that  he  nnist  economize  as  much 
as  we  have  been  obliged  to  in  this  Convention. 
Why,  sir,  look  at  our  bills.  Our  worthy  Presi- 
dent is  of  opinion  that  their  entire  amount  will 
not  equal  one-fourth,  and  I  do  not  think  they 
will  amount  to  more  than  one-tenth  as  nnich  as 
the  expenses  of  the  last  Convention.  The  rea- 
son is,  because  the  necessity  was  laid  upon  us. 
And  have  not  we  got  along  couifortaijly  and 
respectably  ?  So  it  will  be  with  men  in  the 
Legislature,  if  the  same  necessity  is  imposed 
upon  them,  I  hope  the  gentleman  from  Lyon  will 
not  be  disposed  to  insist  upon  his  anu-ndnient, 
for  I  want  to  have  the  Legislature  work  under 
pressure  for  three  years  at  least.  Then  if  we 
are  in  a  condition  to  branch  out,  and  be  more 
liberal,  we  can  do  so. 

The  PRESIDENT  pro  tern.  How  much  does 
the  gentleman  think  the  State  would  realize 
from  those  bonds  to  the  amount  of  three  hun- 
dred thousand  dollars,  if  they  were  sold  ? 

Mr.  CHAPIN.  I  do  not  know,  but  if  there  is 
proper  management  they  can  probably  be 
worked  off  to  good  advantage. 

The  question  was  taken  on  the  amendment 
ofi'ered  by  Mr.  Crosman.  and  it  was  not  agreed 
to. 

The  question  was  then  taken  by  yeas  and 
nays,  on  the  motion  of  Mr.  Chapin,  to  recommit 
the  article,  with  instructions  to  amend,  by  in- 
serting the  section  as  proposed  by  him,  and 
subsequently  modified,  and  the  vote  was — yeas, 
IG  ;  nays,  7 — as  follows  : 

Yeas — Messrs.  Banks,  Belden,  Brosnan,  Chapin,  Col- 
lins, Crosman,  DeLong,  Frizell,  Folsom,  Gibson, 
Kennedy,  Mason,  McClinton,  Proctor,  Warwiitk,  and 
WetheriU— 16, 

Aays — Messrs.  Crawford,  Hawley,  Einkead,  Lock- 
wood,  Murdock,  Tagliabue,  and  Mr.  President — 7. 

So  the  motion  was  agreed  to. 

The  PRESIDENT  pro  tern,  appointed  as  the 
Special  Committee,  in  accordance  with  the 
motion,  Messrs.  Chapin,  Collins,  and  McClinton. 

Mr.  CHAPIN,  from  the  Special  Committee 
just  appointed,  reported  back  Article  XVII, 
entitled  Schedule,  amended  according  to  the  in- 
structions of  the  Convention. 

The  PRESIDENT  pro  tern.  If  there  is  no 
objection  the  rules  will  be  suspended,  and  the 
amendment  adopted  at  this  time. 

Mr.  TAGLLVBUE.  Does  nut  the  report  go 
on  the  general  file? 

The  PRESIDENT  pro  tern.  I  said  if  there 
was  no  objection  the  rules  would  be  suspended. 

Mr.  TAGLIABUE.  I  object ;  I  want  to  keep 
the  amendment  out,  under  the  rules,  if  I  can  do 
so. 

Mr.  CHAPIN.  I  hope  the  gentleman  will 
not  object  to  suspending  the  rules  ;  it  is  simply 
to  save  time. 

Mr.  TAGLIABUE.  I  want  to  beat  the  amend- 
ment. 

Mr.  CHAPIN.  Oh,  the  gentlenum  cannot  do 
that,  as  he  must  be  satisfied. 

The  question  was  taken  on  suspending  the 


766 


ORDINANCE. 


[20th  day. 


Tuesday,]  Kixkead— President— Chapin—Tagltabue— Warwick— Prootob— Collins.  [July  26. 


rules,  aud  on  a  division  the  vote  was— ayes, 
15  ;  noes.  5.     So  the  rales  were  su.*i)ended.        j 

The  question  was  then  taken  on  adopting  the 
section  as  reported  by  the  special  committee,  i 
and  it  was  adopted.  I 

The  qiiestitm  was  next  taken  by  yeas  and 
navs  on   the  liiial  passage  of  Article  XVII,  as  ^ 
amended,  and  the  vote  was— yeas,   16;  naj^s, 
7 — as  follows  : 

j'eoi— Messrs.  Banks,  Belden,  Brosnan,  Chapiu,  Col- 
lins, Crosmau,  DeLong,  Frizell,  Folsom,  Gibson,  Ken- 
nedy, Mason,  McCliutou,  Proctor,  Warwick,  aud  Weth-  I 
eriU— 16.  ^     ,    I 

;\-f,ys_Messrs.  Crawford,  Hawley,  Kiukead,  Lock-, 
•wood,  Murdock,  Tagliabue,  and  Mr.  President— 7. 

So  the  article  was  passed. 

[The  Pkesidkxt  in  the  chak.] 

Mr.  KINKEAD.  If  it  is  in  order  now,  I  sug- 
gest that  the  gentleman  from  Esmeralda  (Mr. 
Mason)  have  leave  to  finish  his  remarks.  [Mer- 
riment.] 

The  PRESIDENT.  The  article  will  now  be 
referred  to  the  Committee  on  Phraseology. 

THE   ELECTION  ORDINANCE. 

The  Convention  took  up,  on  its  third  read- 
ing, the  Election  Ordinance,  providing  for  the 
election  by  the  people  upon  the  Constitution, 
and  the  voting  of  volunteers  in  the  service  of 
the  United  States  at  certain  elections,  as  amend- 
ed by  the  special  committee  to  which  it  had 
been  recommitted  for  that  purpose. 

The  SECRETARY  read  the  preamble,  and 
Section  1,  as  follows  : 

Whereas,  The  Enabling  Act  passed  by  Congress, 
and  approved  March  'ilst,  A.  D.  Isti4,  retiuires  that  the 
Convention  charged  with  the  duty  of  framing  a  Consti- 
tution for  a  State  Ciovernmeut,  "  shall  provide  by  ordi- 
nance for  submitting  said  Constitution  to  the  people 
of  the  Territory  of  Xevada  for  their  ratification  or  re- 
jection," on  a  certain  day  pi-escriued  therein;  there- 
fore, this  Convention,  organized  in  pursuance  of  said 
Enabling  Act,  do  establisu  the  following 

ORDINANCE. 

Section  1.  On  the  first  Wednesday  of  September, 
A.  D.  1H(>4,  this  Constitution  shall  be  submitted  to  the 
qualified  electors  of  said  Territory,  in  the  several 
counties  thereof,  for  their  approval  or  rejection  ;  and 
further,  on  the  first  Tuesday  after  the  first  Monday  of 
November,  A.  I).  ISGl,  there  shall  be  a  general  election 
in  the  several  counties  of  said  Territory  for  the  elec- 
tion of  State  officers,  Supreme  and  District  Judges, 
members  o  f  the  Legislature,  representative  iu  Con- 
gress, and  three  Presidential  electors. 

THE   DAT   OF  ELECTION. 

The  I'RESIDENT.  I  wish  to  know  whether 
any  gentlt-man  of  the  Convenliou  has  any 
olliciai  information  tliat  Congre.ss  has  changed 
the  law  in  regard  to  tlio  tune  when  the  vote 
shall  be  taken  on  the  Constitution.  The  only 
inforniatiou  1  have  is  what  I  have  seen  con- 
tained in  newspaper  correspondence. 

Mr.  CH.VPLS.  1  have  called  on  Governor 
Nye  for  the  purpose  of  ascertaining  whether  he 
has  received  any  official  advice  of  a  change 
in  the  day  of  election.  an<l  he  informed  me  that 
he  had  not:  that  he  only  had  the  general  report, 
derived  from  the  newspapers,  which  the  rest  ot 


us  have ;  but  he  presumed  that  Congress  had 
complied  with  the  request  which  was  forward- 
ed from  here  asking  for  such  change. 

Mr.  TAGLIABUE.  The  only  report  I  have 
seen,  stated  that  the  time  fixed  by  Congress  was 
the  first  day  of  September,  not  the  first  Wednes- 
day, and  that  report  I  believe  has  never  been 
contradicted. 

The  PRESIDENT.  AVould  it  not  be  well  to 
let  this  Section  7  provide  that  the  Constitution 
shall  be  submitted  at  the  time  prescribed  by 
the  Act  of  Congress?  The  only  official  infor- 
mation which  the  Governor  has  received  is  the 
original  Enabling  Act,  which  provides  for  hold- 
ing the  election  in  October.  If  the  Constitu- 
tion should  not  be  submitted  at  the  proper  time 
our  labors  will  have  proven  futile,  but  by  mak- 
ing this  change,  if  there  has  been  any  misinfor- 
mation, we  will  have  provided  for  it. 

Mr.  WARWICK.  Would  it  not  be  well  enough 
to  telegraph  at  once  for  the  desired  information, 
and  get  an  answer  before  we  conclude  our  ses- 
sion ■;;  Possibly  we  can  get  an  answer  this  eve- 
ning. 

Mr.  CHAPIN.  Oh  no ;  it  will  take  two  or 
three  days,  perhaps,  to  get  an  answer  from 
Washington. 

The  PRESIDENT.  I  am  advised  that  a  peti- 
tion was  forwarded,  asking  to  have  the  time 
changed  so  as  to  have  the  Constitution  sub- 
mitted to  the  people  at  the  time  of  the  Terri- 
torial election,  and  I  think  it  is  altogether  prob- 
able that  change  has  been  made  by  Congress. 
Nevertheless,  the  Governor  has  not  been  noti- 
fied of  such  change,  whilst  he  has  received  an 
official  notification  of  the  approval  of  the  origi- 
nal Act  of  Congress,  and  it  might  be  well,  there- 
fore, in  order  to  provide  for  a  possible  contin- 
gency, to  amend  the  .section  so  as  to  declare  that 
the  Constitution  shall  be  submitted  at  the  time 
prescribed  by  Congress.  Then  if  it  should  hap- 
pen that  there  has  been  no  change,  the  election 
will  be  held  on  the  day  designated  in  the  origi- 
nal Enabling  Act. 

Mr.  PROCTOR.  It  appears  to  me  that  the 
question  raised  is  one  of  the  utmost  importance. 
If  we  should  ascertain,  after  wi'  have  adjourned 
and  gone  home,  that  the  time  for  the  election 
has  not  been  changed  since  the  passage  of  the 
original  Act  of  Congress,  all  we  have  done  will 
go  for  nothing.  And  even  now,  if  we  should 
ascertain  that  to  be  a  fact,  there  would  be  a 
great  many  important  changes  necessary  to  be 
made.  We  have  provided  for  the  election  of 
officers  at  the  general  election  in  November, 
have  made  iirovision  for  the  time  when  they 
shall  go  into  office,  and  so  on,  all  based  on  the 
I  supposition  that  such  change  has  been  made  in 
the  time  of  the  election.  It  does  seem  to  me 
that  we  ought  to  take  measures  at  once,  by  tel- 
egraphing or  otherwise,  to  ascertain  whether  or 
not  anv  such  law  of  Congress  is  in  existence. 

The  PRESIDENT.     I  have  myself  very  little 
doubt  that  the  change  has  been  made,  although 
we  have  no  official  information  of  the  fact. 
Mr.  COLLINS.    I  have  no  knowledge  of  the 


20th  day.] 


ORDINANCE. 


767 


Tuesday,] 


President— CKOSiMAN—McCLiNTON— Warwick— Banks— CiiAPiN. 


[July  26. 


matter  myself,  save  and  except  what  I  have 
seen  in  the  newspapers,  but  I  presume  that  if 
any  subsequent  action  was  taken  on  the  subject 
by  Congress,  it  was  based  on  the  petition  which 
was  sent  from  this  Territory  asking  for  such  a 
change  in  the  law  that  the  vote  on  the  Constitu- 
tion might  be  taken  on  the  day  of  the  Territo- 
rial election.  It  seems  to  be  evident  that  some 
change  was  made.,  or  the  newspapers  would  not 
have  made  any  report  in  regard  to  it.  Still,  al- 
though we  have  every  reason  to  believe  the 
change  was  made,  inasmuch  as  we  have  no  au- 
thentic or  official  information,  perhaps  it  would 
be  well  to  leave  tlie  time  for  the  election  blank, 
and  endeavor  to  have  the  Governor  telegraph 
immediately  for  authentic  information.  He  may 
perhaps  obtain  an  answer  by  the  time  the  arti- 
cle is  engrossed,  and  then  we  can  fill  in  the  cor- 
rect day. 

The  PRESIDENT.  In  reply  to  the  remarks 
made  by  the  gentleman  from  Nye  (Mr.  Proctor) 
I  wish  to  say  that  1  think  the  time  of  submitting 
the  Constitution  to  the  people  will  not  necessa- 
rily make  any  very  material  difference  in  re- 
spect to  what  we  have  done.  The  objection 
seems  to  apply  only  to  the  ordinance  jjroviding 
for  the  election,  because  we  propose  to  continue 
the  Territorial  oflicers,  in  any  event,  under  the 
State  organization. 

Mr.  CUUSMAN.  According  to  my  recollec- 
tion, the  first  report  we  received  said  the  time 
for  the  election  on  the  Constitution  had  been 
changed  to  the  first  day  of  September,  not  the 
first  Wednesday. 

The  PRESIDENT.  I  have  seen  three  differ- 
enrt  reports  on  the  subject.  The  first  was  by 
overland  telegraph,  stating  that  the  time  had 
been  changed  to  the  first  day  of  September ; 
then  the  correspondent  of  the  Sacramento  Union 
wrote  that  it  was  fixed  for  the  first  Tuesday  of 
September ;  and  lastly,  a  letter  from  J. W.  Simon- 
ton,  correspondent  ot  the  San  Francisco  Bullt- 
tin,  referred  to  the  matter  in  about  these  words  : 
"  It  may  be  old  news  to  the  people  of  Nevada, 
but  still  it  may  be  well  to  mention  the  fact  that 
the  Act  fixing  the  first  Wednesday  of  Septem- 
ber as  the  time  for  the  election  on  their  State 
Constitution  has  passed."  That  would  mak(^ 
the  time  correspond  with  our  Territorial  elec- 
tion, and  I  have  very  little  doubt  that  the  lat- 
ter statement  is  correct. 

Mr.  CROSMAN.  I  know  I  came  to  the  Con- 
vention with  the  impression  on  my  mind  that 
the  election  was  to  be  on  the  first  day  of  Sep- 
tember. 

The  PRESIDENT.  It  may  possibly  be  that 
by  some  accident,  although  t"he  bill  has  passed 
both  houses  of  Congress,  it  may  have  been 
neglected,  and  failed  to  receive  the  approval 
of  the  President.  These  reports  which  we 
hav6  received  all  speak  of  the  action  of  Con- 
gress alone.  We  have  never  received  anything, 
even  from  the  correspondents  of  the  news- 
papers, mentioning  the  Act  as  having  been  ap- 
proved and  signed,  or  as  having  become  a  law. 
,    Mr.  McCLINTON.    I  will  move,  in  order  to 


cut  off  further  discussion,  tliat  the  section  be 
amended  so  as  to  submit  Ihc  Constitution  on 
the  day  prescribed  in  the  Enal)liiig  Act.  Then, 
if  it  is  necessary,  we  can  telegn>])h  inuucdiately 
to  the  I'resident,  or  some  other  i)roper  authori- 
ty, and  find  out  the  correct  date. 

Mr.  AVARWICK.  That  will  do  no  good,  if 
we  cannot  get  an  answer  till  after  the  Conven- 
tion has  adjourned. 

Mr.  ]\I(;CLINT()N.  It  will  make  no  differ- 
ence, with  that  amendment,  what  the  day  may 
be.  If  the  time  fixed  by  Congress  is  the  2d  of 
October  the  election  will  be  held  on  that  day, 
or  if  it  be  the  first  Wednesday  in  Se))teml)er  it 
will  be  held  on  that  day.  It  will  l>e  understood 
that  the  Constitution  is  to  be  voted  on  upon  the 
day  provided  for  submitting  it,  by  the  Enabling 
Act,  whatever  day  that  may  be. 

Mr.  BANKS.  I  like  the  suggestion  of  the  gen- 
tleman from  Storey,  (Mr.  Collins,)  to  leave  the 
date  blank  until  the  latest  possible  moment.  1 
think  that  is  the  proper  course.  Then  let  the 
Governor  telegraph  on  and  get  official  informa- 
tion, and  if  it  is  possible  to  obtain  an  answer  to 
the  inquiry  in  season,  we  can  incorporate  the 
correct  date  in  the  blank.  If  we  find  it  impos- 
sible to  state  the  time  definitely,  even  at  the  last 
moment,  then  we  may  say  the  election  shall  he 
held  at  such  time  as  is  prescribed  by  Act  of 
Congress.  There  will  certainly  be  ample  time, 
before  the  Governor  issues  his  proclanuition  for 
the  election,  to  obtain  accurate  information,  and 
in  his  proclamation  he  will  of  course  designate 
the  proper  day.  In  what  condition  is  the  ordi- 
nance before  the  Convention? 

The  PRESIDENT.     It  is  on  the  third  reading. 

Mr.  BANKS.  I  move,  then,  to  reier  it  to  a 
special  committee  with  instructions  to  strike  out 
of  Section  1  these  words,  "first  Wednesday  of 
September,  A.  D.  lf^64,''  leaving  the  date  blank. 

Mr.  McCLINTON.  I  will  withdraw  my  mo- 
tion, then,  and  I  hope  we  shall  telegraph  imme- 
diately. We  may  get  an  answer  even  before 
the  Convention  adjourns  to-night. 

Mr.  CHAPIN.  I  dislike  the  indefinite  shape 
in  which  it  seems  we  are  going  to  leave  this 
matter.  If  Congress  has  really  made  no  amend- 
ment of  the  law  then  all  our  labors  pass  for 
nothing,  because  if  this  Constitution  is  only  to 
be  submitted  to  the  peo])le  in  ()(lol)er,  we  can- 
not carry  out  its  provisi(Uis,  and  it  all  falls  to 
nought.  I  would  like  to  intpiire  whether,  in 
case  vre  fi.x  the  date  of  the  election  as  we  have 
it  now,  it  is  believed  that  there  wiuild  be  any 
danger  that  it  would  interfere  with  our  admis- 
sion into  the  Union  as  a  State,  even  though  it 
should  turn  out  that  another  day  has  l)een  fixed 
by  Congress? 

'The  PRESIDENT.  There  is  no  doubt  in  my 
mind,  that  a  vote  of  the  people,  taken  at  any 
other  time  than  that  which  is  lixed  1)_y  the  Act 
of  Congress,  would  be  a  nullity.  The  original 
Enabling  Act,  which  is  the  only  legislation 
of  which  we  have  official  information,  pro- 
vided that  the  election  should  be  held  on 
the  second  Tuesday  in  October,  which  will  be 


768 


ORDINANCE. 


[20th  day. 


Tuesday,] 


Chapin — Collins — President — Brosnan. 


[July  26. 


the  11th  of  the  month,  and  it  was  with  a  view  to  1 
bring  that  I'lection  on  the  same  day  as  the  Ter- 
ritorial election,  thereby  avoiding  the  trouble 
and  expense  uf  two  elections,  that  I  took  part  in 
forwarding  the  petition  which  was  sent  from 
here  to  the  .Senate  and  House  of  Representa- 
tives, signed  by  many  of  the  iirominent  citizens 
ot  the  Territory,  asking  that  such  change  might 
be  made.  Theidea  was  that  the  change  would 
afford  us  sufficient  time  for  the  election  of 
State  officers,  and  also  enable  the  people  of  the 
State  to  participate  in  the  Presidential  elec- 
tion. 

Mr.  CHAPIN.  I  am  very  much  surprised 
that  the  Governor  has  not  ofHcially  ascertained 
the  fact  as  to  the  action  of  Congress. 

Mr.  COLLINS.  1  will  state  that  I  have  had 
a  conversation  with  Governor  Nye  ou  this  very 
subject,  and  he  is  of  opinion  that  Congress 
has  made  the  amendment,  although  he  has  no 
such  official  information,  changing  the  day  of 
the  election  to  the  first  Wednesday  of  Septem- 
ber. He  is  also  of  the  opinion  that,  even  if 
no  such  act  has  been  passed,  the  Government 
will  accept  the  change  on  our  part,  and  it  will 
be  no  obstacle  to  our  admission  into  the  Union. 

The  PRESIDENT.  Without  intending  any 
disrespect  to  Governor  Nye.  or  questioning  his 
legal  understanding,  I  must  say,  nevertheless.  I 
am  surpised  that  he  should  have  advanced  such 
a  legal  opinion. 

Mr.  COLLINS.  I  regard  it  more  as  a  com- 
mon sense  opinion  than  as  a  legal  opinion. 

The  PRESIDENT.  I  do  not  think  it  is  even 
common  sense.  Congress  prescribes  one  par- 
ticular day  for  the  election,  and  if  we  provide 
that  the  vote  shall  be  taken  on  a  different  day 
the  President  could  have  no  authority  to  de- 
clare by  proclamation  that  we  are  admitted 
into  the  Union. 

Mr.  COLLINS.  The  President  might  not 
look  upon  that  as  a  material  matter.  I  have 
observed,  in  my  experience,  that  when  men 
want  very  much  to  do  a  thing  thej^  always  lind 
a  way  to  do  it,  and  if  they  want  to  defeat  a 
thing  they  are  generally  al)le  to  find  a  way  to 
defeat  it.  Now  I  think  the  President  might 
reason  on  the  subject  somewhat  in  this  way  : 
"  Nevada  is  a  great  distance  from  the  ca])ital 
of  the  Nation  ;  there  has  Iteen  some  misunder- 
standing, it  is  true,  about  the  date  of  tlie  elec- 
tion, but  she  has  completely  fulfilled  the  spirit 
of  the  Enabling  Act.  Although  tliore  is  a  dis- 
crepancy in  regard  to  the  day  of  tla-  vote,  yet 
she  has  fully  come  up  to  the  spirit  of  all  the  re- 
quirements of  the  law.  Congress  wants  her  to 
become  a  State.  I  want  her,  and  in  tin;  language 
of  one  of  my  predecessors,  I  will  assume  the  re- 
sponsibility."'  I  should  not  marvel  at  all  if  the 
President  should  reason  thus,  even  though 
there  might  lie  a  violation  of  the  strict  letter  of 
the  legal  refpiirements  oi'  the  Act  of  Congress. 

The  PRESIDENT.  But  it  would  not  depend 
upon  the  act  of  the  President  of  the  United 
States.  The  legality  of  the  act  of  admission 
depends  rather  upon  a  fulfilliuent  of  the  condi- 


tions precedent,  and  one  of  those  conditions  is 
that  the  vote  of  the  people  upon  the  Consti- 
tution shall  be  had  on  a  given  day.  Though 
the  President  might  assume  the  responsibility 
of  passing  by  the  irregularity,  still  the  ques- 
tion would  arise  whether  the  President's  procla- 
mation would  be  legal,  under  such  circum- 
stances. The  act  of  admission  depending  upon 
the  conditions  precedent,  and  they  not  having 
been  complied  with,  would  the  President's  pro- 
clamation amount  to  anvthing  ? 

Mr.  COLLINS.  What  would  be  the  differ- 
ence, practically,  on  this  side  of  the  continent, 
or  the  other  either  ? 

The  PRESIDENT.  It  might  make  a  differ- 
ence both  on  this  side  and  the  other. 

Mr.  COLLINS.  If  Congress,  when  it  meets 
on  the  first  of  December  next,  should  remedy 
the  matter  by  legalizing  the  act  of  admission,  I 
do  not  see  that  it  would  make  any  difference, 
and  I  have  no  doubt  that  Congress  would  give 
us  that  remedy.  In  that  case  what  wo^ild  be 
the  effect  on  this  side,  of  our  making  a  mistake 
in  the  date  ? 

The  PRESIDENT.  My  judgment  is  that  it 
might  occasion  a  conflict  between  the  authori- 
ties of  the  Territorial  and  State  Governments. 
There  is  no  question  but  that  Congress  could 
legalize  the  act,  and  then  our  admission  would 
be  accomplished,  but  in  the  meantime  we 
might  witness  a  repetition  of  the  scenes  of  the 
Dorr  war,  in  Rhode  Island. 

Mr.  COLLINS.  This  conflict  of  opinion  about 
the  propriety  of  voting  upon  the  Coustitutioa 
upon  a  day  which  may  perchance  be  different 
from  that  designated  by  Congress,  may  embar- 
rass us  more  than  anything  else,  and  I  fear  it 
will.  I  hope,  therefore,  that  the  Governor  will 
be  requested  by  the  Convention  to  telegraph 
immediately  to  the  President  of  the  United 
States,  or  some  other  officer,  in  order  that  we 
may  have  the  necessary  information,  if  possi- 
ble, before  the  Convention  adjourns. 

The  PRESIDENT.  We  might  leave  it  blank 
until  we  can  procure  the  needed  information, 
and  if  we  do  not  receive  it  in  time,  we  can  then 
simply  piovide  that  the  Constitution  shall  be 
submitted  on  the  day  designated  in  the  Act  of 
Congress.  It  will  not  be  necessary  in  that 
case  to  specify  the  day,  although  if  we  knew 
the  exact  date  it  would  certainly  be  better  to 
name  it  in  the  ordinance. 

Mr.  COLLINS.  What  objection  is  there  to 
telegraphing,  so  as  to  obtain  the  information  as 
soon  as  jiossilile  ? 

The  PRESIDENT.    None  whatever. 

Mr.  BROSNAN.  We  shall  get  along  bettter 
and  faster,  I  think,  by  doing  one  thing  at  a 
time.  I  am  in  favor  of  the  proposition  of  the 
gentleman  from  Ihimltoldt,  (Mr.  Banks),  to 
strike  out  the  dale  and  leave  it  blank  for  the 
j)resent.  Let  us  do  that,  and  then  we  can  au- 
thorize the,Committee  on  Re-enrollment,  which 
has  already  been  provided  for,  to  fill  the  blank 
in  the  original  copy  with  the  correct  date. 

The  PRESIDENT.    The  committee  might  do 


20th  day.] 


ORDINANCE. 


769 


Tuesday,]      Frizell— Proctor— President— Hawlky—Baxks—Kinkead—Collixs.      [July  26. 


that,  certainly,  with  quite  as  much  propriety  as 
the  clerks  of  the  Legislature  of  the  year  I.S(!.'} 
could  be  authorized  to  supply  the  l)lauks  in 
the  Act  which  was  passed  calling  the  first 
Constitutional  Convenion. 

Mr.  FRIZELL.  I  have  thought  until  the 
present  time,  that  this  Convention  was  com- 
posed of  statesmen  and  philosophers,  but  I 
begin  to  alter  my  opinion.  It  is  very  singular, 
certainly,  that  this  most  important  point  is  not 
known  to  the  Convention  after  it  has  been  in 
session  over  three  weeks.  I  am  rather  aston- 
ished that  the  President  has  not  ascertained  the 
fact  before  this  time. 

Mr.  PROCTOR.  I  will  move  that  the  Presi- 
dent of  the  Convention  be  instructed  to  tele- 
graph to  the  President  of  the  United  States  to 
obtain  this  information. 

The  PRESIDENT.  The  Governor  of  the  Ter- 
ritory would  be  more  appropriate. 

Mr.  PROCTOR.  No  ;  I  think  the  President 
of  the  Convention  is  more  appropriate.  It 
seems  to  me  that  it  would  come  with  more 
force  from  him,  for  then  the  President  orSecre- 
tarj'^  of  State  would  see  at  once  the  object  of 
the  inquiry,  and  the  imi^ortance  of  returning 
an  immediate  answer.  If  it  came  from  the 
Governor  they  might  possibly  not  appreciate 
the  importance  of  it. 

The  PRESIDENT.  I  hope  the  motion  will 
be  modified  so  as  to  request  the  Governor  to 
gend  the  despatch.  I  am  sure  he  will  do  it 
cheeriully. 

Mr.  HAWLEY.  I  will  move  to  amend  the 
motion  so  as  to  request  the  Governor  to  tele- 
graph. 

Mr.  BANKS.  Let  us  do  one  thing  at  a  time. 
The  question  is.  as  I  understand,  on  my  motion 
to  recommit  with  instructions  to  strike  out  the 
date. 

The  PRESIDENT.  If  there  is  no  objection, 
the  gentleman  from  Storey,  (Mr.  Collins,)  will 
be  requested  to  act  as  a  committee — 

Mr.  HAWLEY.  I  have  moved  to  substitute 
the  Governor  of  Nevada  Territory. 

Mr.  PROCTOR.  I  will  move  that  a  commit- 
tee of  three  be  appointed  by  the  Chair  to  wait 
upon  the  Governor  immediately,  and  request 
him  to  telegraph  to  the  President  of  the  United 
States. 

Mr.  KINKEAD.  A  committee  of  one  will  be 
better.  If  you  have  a  committee  of  three  it 
will  leave  us  without  a  quorum,  and  one  will 
do  just  as  well. 

Mr.  PROCTOR.     I  have  no  objection. 

The  PRESIDENT.  Gentlemen  will  suspend 
a  moment,  until  the  Secretary  prepares  a  reso- 
lution. 

QUESTION    OF   PRIVILEGE. 

Mr.  HAWLEY.  I  rise  to  a  question  of  priv- 
ilege. I  know  it  is  rather  informal,  but  1  may 
as  well  do  it  now,  whilst  we  are  waiting.  I 
stated  the  other  day  that  a  petition  had  been 
in  circulation  in  California  asking  for  the  levy 
of  a  tax  of  five  mills  on  the  dollar — that  I 
A  23 


think  was  the  amount  I  named— for  educational 
purjxises.  I  was  mislead  us  to  tlie  amount  by 
the  memory  of  my  imforn'iant,  altlnnigh  I  was 
myself  aware  of  the  fact  that  some  proposition 
of  the  kind  had  been  made.  The  fact  is,  that 
the  petition  referred  to  asked  for  a  tax  of  only 
half  a  mill  on  the  dollar.  If  the  report  of  our 
proceedings  should  ever  be  prinft'd,  I  would 
not  like  to  have  such  a  misstatement  contained 
in  my  record,  and  hence  I  makt'  tiie  correction. 
The  PRESIDENT.  Tht'  resolution  is  now 
prepared  ;  the  Secretarv  will  read  it. 
The  SECRETARY  read,  as  follows  : 
Resolved,  That  Mr.  Proctor  be,  aud  he  is  hereby  ap- 
pointed a  committee  of  one  to  wait  on  his  Excellency 
the  Governor,  aud  respectfully  ask  him  to  telc^raijh  to 
the  authorities  at  Washington  for  information  as  to 
the  precise  day  prescribed  by  the  Act  of  Congress  for 
submitting  the  Constitution  to  the  people  for  their 
ratification. 

The  resolution  was  adopted  by  unanimous 
consent. 

The  PRESIDENT.  The  gentleman  from  Nye 
(Mr.  Proctor)  will  please  attend  to  that  duty. 

ELECTION   ORDINANCE — AGAIN. 

Mr.  COLLINS.  Now  let  us  proceed  with  the 
reading. 

The  PRESIDENT.  If  there  is  no  objection, 
the  amendment  proposed  by  the  gentleman 
from  Humboldt  ( \lr.  Banks)  will  be  adopted, 
without  the  formality  of  recommitment. 

No  objection  being  made,  the  amendment  was 
adopted  by  unanimous  cnnsent. 

The  PRESIDENT.  The  Secretary  will  now 
read  the  Oi'dinance,  commencing  with  Sec- 
tion 1. 

The  SECRETARY  read  Sections  1  to  G,  in- 
clusive, as  follows  : 

Section  1.  On  the ,  .\.  D.  1864,  tliis  Constitu- 
tion shall  be  submitted  to  the  qualified  electors  of  said 
Territory,  in  the  several  counties  thereof,  for  their  ap- 
proval or  rejection  ;  and  further,  on  the  first  Tuesday 
alter  the  first  Monday  of  November,  A.  D.  1804,  there 
shall  be  a  general  election  in  the  several  counties  of 
said  Territory,  for  the  election  of  State  officers.  Su- 
preme and  District  Judges,  members  of  the  Legisla- 
ture, Representative  in  Congress,  and  three  Presi- 
dential electors. 

Sec.  2.  All  persons  qualified  by  the  laws  of  said 
Territory  to  vote  for  Representatives  to  the  General 
Assembly  on  the  said  iilst  day  of  March,  including 
those  in  the  army  of  the  United  States,  both  within 
aud  beyond  the  boundaries  of  said  Territory,  and  also 
all  persons  who  may  by  the  aforesaid  laws  be  quahfied 

to  vote  on  the  ,  A.  D.  isiu,   inchuling  those  in 

the  aforesaid  army  of  the  United  States,  within  and 
without  the  boundaries  of  said  Territory,  may  vote 
for  the  adoption  or  rejection  of  said  Constitution 
on  the  day  last  above  named.  In  voting  upon  this 
Constitution,  each  elector  shall  deposit  in  the  ballot- 
box  a  ticket,  whereon  shall  be  clearly  written  or 
printed  "Constitution,  Yes,"  or  "Constitution,  No,"  or 
such  other  words  that  shall  clearlj'  iuilicate  the  inten- 
tion of  the  elector. 

Sec.  3.  All  persons  qualified  by  the  laws  of  said 
Territory,  to  voto  on  the  Tuesday  after  the  first  Mon- 
day of  November,  A.  D.  I8Gi,  including  those  in  the 
army  of  the  United  States,  within  aud  beyond  the 
boundaries  of  said  Territory,  may  vote  on  the  day  last 
above  named  for  State  officers.  Supreme  and  District 
Judges,  Members  of  the  Legislature,  Representative 
in  Congress,  and  three  Presidential  electors  to  tba 
Electoral  College. 


770 


ORDINANCE. 


[20th  day. 


Tuesday,] 


President— Collins— Chapin— Banks— McClinton—Brosnan. 


[July  26. 


Sec.  4.  The  elections  provided  in  this  ordinance 
shall  be  holdeu  at  such  places  as  shall  be  designated  by 
the  lioarda  of  Commissioners  of  the  several  counties 
in  said  Territory.  The  Judges  and  Inspectors  of  said 
elections  shall  be  appointed  by  said  Commissioners, 
and  the  said  elections  shall  be  conducted  in  conformity 
with  the  existing  laws  of  said  Territory  in  relation  to 
holding  the  general  elections. 

Sec.  5.  The  Judges  and  Inspectors  of  said  elections 
shall  carefully  count  each  ballot,  immediately  after  said 
elections,  and  forthwith  make  duplicate  returns  thereof 
to  the  Clerks  of  the  said  County  ('(nunn^siouers  of 
their  respective  counties;  and  said  Clerks, within  fifteen 
days  after  saiil  elections,  shall  transmit  an  abstract  of 
the  votes,  including'  tlie  soldiers'  vote,  as  hereinafter 
provided,  given  for  State  officers,  Supreme  and  District 
Judges,  Representative  in  Congress,  and  three  Presi- 
dential electors,  inclosed  in  an  envelope,  by  the  most 
safe  and  expeditious  conveyance,  to  the  Governor  of 
said  Territory,  marked  "Election  Returns." 

Sec.  6.  Upon  the  receipt  of  said  returns,  including 
those  of  the  soldiers'  vote,  or  mthin  twenty  days  after 
the  election,  if  said  returns  be  not  sooner  received, 
it  shall  be  the  duty  of  the  Board  of  Canvassers— to  con- 
sist of  the  Governor,  United  States  District  Attorney, 
and  Chief  Justice  ot  said  Territory,  or  any  two  of 
them— to  canvass  the  returns,  both  CivU  and  Mili- 
tary, in  the  presence  of  all  who  may  wqsh  to  be  pres- 
ent, and  if  a  majority  of  all  the  votes  given  upon  this 
Constitution  shall  be  in  its  favor,  the  said  Governor 
shall  immediately  i)ublish  an  abstract  of  the  same 
and  make  proclamation  of  the  fact,  in  some  news- 
paper in  said  Territory,  and  certify  the  same  to 
the  President  of  the  United  States,  together  wth  a 
copy  of  the  Constitution  and  ordinances.  The  said 
Board  of  Canvassers,  after  canvassing  the  votes  of  the 
said  November  elections,  shall  issue  certificates  of 
election  to  such  persons  as  w^ere  elected  State  officers, 
Judges  of  the  Supreme  and  District  Courts,  Repre- 
sentative in  Congress,  and  three  Presidential  electors. 
Thirty  days  after  the  President  of  the  United  States 
shall  issue  his  jiroclamation  declaring  this  State  ad- 
mitted into  the  Union  on  an  equal  footing  with  the 
original  States,  this  Constitution  shall  thenceforth  be 
ordained  and  estabhshed  as  the  Constitution  of  the 
State  of  Nevada. 

The  PRESIDENT.  What  is  that  thirty  days 
for? 

Mr.  COLLINS.  It  will  take  about  thirty  days 
to  brinji;  the  official  inforniatiou  ? 

ThR  PRESIDENT.  But  the  Enabling  Act  ex- 
pre.ssly  provides,  that  upon  the  issuing  of  the 
President's  proclamation  the  State  shall  be  ad- 
mitted into  tlie  Tnion.  It  then  becomes  an 
accomplished  fact,  and  nothing  further  is  re- 
quired, on  the  part  of  Congress,  or  on  the  part 
of  the  State. 

Mr.  CHAl'IN.  And  we  have  i)rovided  for 
telegraphing  thti  information  of  the  issuing  of 
the  prnclamation. 

Mr.  l>ANlv.S.  I  wish  to  incpiire  how  tiiat  ar- 
rangement has  been  made '.' 

Mr.  CHAPIN.  By  a  resolution  whicii  has 
been  passed  by  the  Convention. 

Mr.  (JOLLINS  So  far  as  telegraphing  the 
information  is  concerned,  we  might  i)rovide 
that  t!ie  Constitution  shall  take  effect  wlien  the 
information  reacl)es  us.  15ut  the  Enaiiling  Act 
does  not  say  when  we  shall  l»econu!  a  State,  nor 
when  our  Constitution  shall  take  elfect.  The 
language  of  the  Act  is  : 

"Wliereupon  it  shall  be  the  duty  of  the  President 
of  the  Unit<;d  States  to  issue  his  proclamation,  declar- 
ing the  State  admitted  into  the  Union  on  an  equal 
footing  ■with  the  original  .States,  without  any  further 
action  whatever  on  the  imrt  of  Congress." 


Mr.  McCLINTON.  And  we  have  already 
passed  a  resolution  requesting  the  President  to 
inform  us  by  telegraph  of  the  issuing  of  his 
proclamation. 

The  PRESIDENT.  I  think  it  is  very  plain, 
from  the  language  of  the  Act,  that  we  become 
a  State  in  the  Union  at  once. 

Mr.  BROSNAN.  Yes,  sir  ;  we  become  a  State, 
instanter. 

Mr.  COLLINS.  I  have  made  an  alteration 
which  I  think  will  meet  the  approval  of  the 
Convention,  striking  out  the  words  "thirty  days 
after,"  and  inserting  instead  the  word  "  when," 
so  that  the  latter  clause  will  read  as  follows  : 

"When  the  President  of  the  United  States  shall  is- 
sue his  proclamation  declaring  this  State  admitted  into 
the  Union  on  an  ecjual  footiilg  with  the  original  States, 
this  Constitution  shall  thenceforth  be  ordained  and 
estabhshed  as  the  Constitution  of  the  State  of  Nevada." 

The  amendment  suggested  was  agreed  to  by 
unanimous  consent. 

The  SECRETARY  read  Sections  7  to  10,  in- 
clusive, as  follows  : 

Sec.  7.  For  the  purpose  of  taking  the  vote  of  the 
electors  of  said  Territory  who  may  be  in  the  army  of 
the  United  States,  the  Adjutant-General  of  said  Terri- 
tory shall,  on  or  before  the  5th  day  of  August  next  fol- 
lowing, make  out  a  list  in  alphabetical  order,  and 
deliver  the  same  to  the  Governor,  of  the  names  of  all 
the  electors,  residents  of  said  Territory,  who  shall  be 
in  the  army  of  the  United  States,  stating  the  number 
of  the  regiment,  battalion,  squadron  of  cavalry,  bat- 
tery of  artillery,  and  the  letter  of  the  company  to 
which  he  belongs,  and  also  the  county  or  township 
of  his  residence  in  said  Territory. 

Sec.  8.  The  Governor  shall  classify  and  arrange  the 
aforesaid  returned  hst,  and  shall  make  therefrom  sepa- 
rate lists  of  the  electors  belonging  to  each  regiment, 
battalion,  squadron,  and  battery  from  said  Territory  in 
the  service  of  the  United  States,  and  sliall,  on  or  before 
the  ftftcenth  day  of  August  folio  wing,  transmit,  by 
mail  or  otherwise,  to  the  comniantliug  officer  of  each 
regiment,  battalion,  scjuadron,  and  battery,  a  list  of 
electors  belonging  therett>,  which  said  list  sliall  specify 
the  name,  residence,  and  rank  of  each  elector  and  the 
company  to  which  lie  belongs,  if  to  any,  and  also  the 
county  and  township  to  which  he  belongs,  and  in  which 
he  is  entitled  to  vote. 

Sec.  9.  Between  the  hours  of  nine  o'clock,  A.  M.,  and 
three  o'clock,  P.  M.,  on  each  of  the  election  days  here- 
inljefore  named,  a  ballot-box  or  suitable  receiJtacle  for 
votes  shall  be  opened  under  the  unmediate  charge  and 
direction  of  three  of  the  highest  officers  in  command, 
for  the  recei)ti(m  of  votes  from  the  electors  whose 
names  are  upon  .said  list,  at  each  x^lace  where  a  regi- 
ment, battaliiin,  .sipiailron,  or  Viatterj'  of  soldiers  from 
said  Territory  in  tlie  army  of  the  United  States  may  be 
on  tliat  day  :  at  whi(^h  time  and  place  said  electors 
shall  be  entitled  to  vote  for  all  officers  for  which  by 
reason  of  their  residence  in  the  several  counties  in 
said  Territory  they  are  authorized  to  vote,  as  fully  as 
they  would  be  entitled  to  vote  in  the  several  counties 
or  townships  in  which  they  reside,  and  the  votes  so 
given  by  such  electors,  at  such  time  and  place,  shall  Ije 
c<msidercd,  taken,  anil  held  to  have  been  given  by 
them  in  the  respective  counties  and  townships  in 
which  they  are  re.sideiit. 

Sec.  10.  Kacli  liallot  deposited  for  the  adoption  or 
rejection  of  tliis  Constitution,  in  the  army  of  the  United 
States,  .shall  have  distinctly  written  or  printed  thereon, 
"Constitution,  Yes,"  or  "Constitution,  No;"  and  fur- 
ther, for  the  election  of  Stat<'  officers.  Supreme,  and 
District  Judges,  nienibers  of  the  Legislature,  Repre- 
sentative in  ('(jngress,  and  three  Presidential  Klectors, 
the  name  ami  office  of  the  person  voted  for  shall  be 
plainly  wTitten  or  i)rinted  on  one  piece  of  pajier.  The 
name  of   each  elector  voting  as  aforesaid    shall   bo 


20th  day.] 


ORDINANCE. 


771 


Tuesday,]  Kennedy— Collins— TAOi.unuE—McCLiNTON— Proctor— Crosman—Fuizell.  [July  26. 


checked  upon  the  said  list  at  the  time  of  voting  by  one 
of  the  said  officers  having  charge  of  the  ballot-box. 
The  said  officers  having  charge  of  the  election  shall 
count  the  votes  and  compare  them  with  the  checked 
list  immediately  after  the  closing  of  the  ballot-box. 

Mr.  KENNEDY.  I  want  inserted  there,  after 
"Constitution — no,"  the  words  '-or  words  of 
a  similar  import." 

Mr.  COLLINS.  Suppose  we  say,  "  shall  have 
substantially  written  or  printed  thereon,"  in- 
stead of  "  distinctly." 

Mr.  TAGLLIBUE.  I  do  not  think  it  is  suffi- 
cient. 

Mr.  McCLINTON.  I  claim  the  floor  for  about 
three-quarters  of  a  minute.  I  think  that  amend- 
ment has  heretofore  been  adopted. 

Mr.  KENNEDY.  I  simply  wish  to  say  that 
the  word  "  substantially  "  does  not  cover  my 
idea.  My  motion  is,  to  insert  after  ''Constitu- 
tion— no,"  the  words,  "  or  words  of  a  similar 
import." 

Mr.  COLLINS.    I  have  no  objection. 

The  amendment  proposed  by  Mr.  Kennedy 
was  adopted  )jy  unanimous  consent. 

Mr.  PROCTOR.  I  desire  to  report  to  the 
Convention,  Mr.  President,  that  I  have  called 
at  the  Governor's  house,  and  cannot  And  his 
Excellency.  I  understand  that  he  has  gone  to 
the  warm  springs.  Neither  was  his  private 
Secretary  in.  1  suppose  the  Governor  will  be 
back  very  soon. 

The  PRESIDENT.  If  there  is  no  objection, 
further  time  will  be  granted  to  the  committee 
appointed  to  wait  on  the  Governor  relative  to 
the  telegraphic  dispatch.  The  Secretary  will 
proceed  with  the  reading  of  the  Ordinance. 

The  SECRETARY  read  Sections  11  and  12, 
as  follows : 

Sec.  11.  All  the  ballots  cast,  together  with  the  said 
voting  list  checked  as  aforesaid,  shall  be  immediatelj- 
sealed  up  and  sent  forthwith  to  the  Governor  of  said 
Territory,  at  Carson  City,  by  mail  or  otherwise,  by  the 
commaudiug  officer,  who  shall  also  make  out  and  cer- 
tify duplicate  returns  of  votes  given  according  to  the 
forms  hereinafter  prescribed,  seal  up  and  immetUately 
transmit  the  same  to  the  said  Governor,  at  Carson 
City,  by  mail  or  otherwise,  the  day  following  the  trans- 
mission of  the  ballots,  and  the  voting  list  herein 
named.  The  said  commanding  officer  shall  also  im- 
mediately transmit  to  the  several  County  Clerks  in 
said  Territory,  an  abstract  of  the  votes  given  at  the 
general  election  in  November,  for  county  officers, 
marked  "Election  Returns." 

Sec.  12.  The  foi-m  of  returns  of  votes  to  be  made 
by  the  commanding  officer  to  the  Governor  and 
County  Clerks  of  said  Territory,  shall  be  in  substance 
as  follows,  viz  : 

Returns  of  soldiers'  votes  in  the  (here  insert  the 
regiment,  detachment,  battalion,  squadron,  or  battery.) 
(For  first  election — On  the  Constitution.) 

I ,  hereby  certify,   that  on  the 


A.  D.  1864,  the  electors  belonging  to  the  (here  insert 
the  name  of  the  regiment,  detachment,  battalion, 
squadron,  or  battery)  cast  the  following  number  of 
votes  for  and  against  the  Constitution  for  the  State  of 
Nevada,  viz  : 

"Constitution— Yes."— (Number    of   votes    -WTitten 
in  full  and  in  figures.) 

Against   "Constitution  — No."  — Number    of   votes 
■written  in  full  and  in  figures.) 

(Second  election— For  State  and  other  officers.) 

I ,  hereby  certify,   that  on   the  first  Tuesday 

after  the  first  Monday  in  November,  A.  D.  1804,  the 
electors  belonging  to  the  (here  insert  as  above)  cast  the 


following  number  of  votes  for  the  several  offices  and 
persons  hereinafter  named,  viz  : 

For  Governor. — (Names  of  persons  voted  for,  num- 
ber of  votes  for  each  iierson  voted  for  written  in  full, 
and  also  in  figures,  against  the  name  of  eacli  person.) 

For  Lieutenant-Governor.- (Names  of  candidates, 
number  of  votes  cast  for  each,  written  out  and  in  fig- 
ures, as  above.) 

Continue  as  above  till  the  list  is  comi^leted. 
Attest,  I,    A.  B., 

Commanding  officer  of  the  (here  insert  regi- 
ment, detachment,  battalion,  squadron,  or  battery,  as 
the  case  may  be.) 

Mr.  COLLINS.  That  word  "for  "  should  be 
allowed  to  remain,  as  in  the  printed  copy,  so  as 
to  read  "  for  Constitution — Yes,"  and  "  against 
Constitution — No."  Just  leave  the  word  "  for  " 
there  as  it  is  now. 

By  unanimous  consent  the  word  "  for  "  was 
inserted,  in  accordance  with  Mr.  Collins'  sug- 
gestion. 

The  SECRETARY  read  Sections  13  and  14, 
as  follows : 

Sec.  13.  The  Governor  of  this  Territorv  is  request- 
ed to  furnish  each  commaudiug  officer  within  and  be- 
yond the  boundaries  of  said  Territory,  j)roper  and 
sufficient  blanks  for  said  returns. 

Sec.  14.  The  ijrovisions  of  this  ordinance  in  regard 
to  the  soldiers'  votes,  shall  ai^ply  to  future  elections 
under  this  Constitution,  and  be  in  full  force  until  the 
Legislature  shall  provide  by  law  for  taking  the  votes 
of  citizens  of  said  Territory  in  the  army  of  the  United 
States. 

Mr.  KENNEDY.  As  I  understood  the  Sec- 
retary to  read,  the  Governor  is  requested  to 
furnish  blanks  to  commanding  officers  outside 
of  the  Territory.  He  should  also  furnish  them 
inside  the  Territory. 

Mr.  COLLINS.  That  is  the  way  it  reads— 
"  within  and  beyond  the  boundaries  of  said 
Territory." 

Mr.  CROSMAN.  In  Section  12,  I  do  not  see 
the  necessity  ot  employing  those  two  nega- 
tives, and  I  will  move  to  amend  by  striking  out 
the  words  "  for  "  and  "  against." 

Mr.  COLLINS.  I  believe  that  is  the  usual  way 
of  making  the  returns — "for"  and  "against." 

The  PRESIDENT.  Would  not  the  same  re- 
sult be  obtained  by  striking  out  the  words 
"yes"  and  "no."  It  will  then  simply  read. 
"  for  Constitution,"  and  "  against  Constitution." 

Mr.  CROSiMAN.  Very  well ;  I  will  move  to 
make  those  amendments. 

Mr.  FRIZLLL.  If  the  returns  are  made  out 
"against  the  Constitution  —  no."  that  would 
really  be  the  vote  for  the  Constitution.  The 
inquiry  would  be  :  "  Do  you  vote  against  the 
Constitution?"     "No!"     [Merriment.] 

The  PRESIDENT.  The  Secretary  will  read 
the  sentence  as  i)roposed  to  be  amended. 

The  Secretary  read,  as  follows  : 


hereby  certify,  that  on  the  • 


A.  D.  1864,  the  electors  belonging  to  the  (here  insert 
the  name  of  the  reginuut.  (Ictachiiuut.  battalion, 
squadron,  or  battery,)  cast  tlic  following  uuiuber  of 
votes  for  and  against  the  Constitution  for  the  State  of 
Nevada,  \'iz  : 

For  Constitution — (number  of  votes  written  in  fall 
and   in   figures.) 

Against  Constitution— (number  of  votes  written  in 
full  and  in  figures.) 


772 


ORDINANCE. 


[20th  day. 


Tuesday,] 


CoLLixs — Banks — President — Brosxan. 


[July  26. 


Mr.  COLLINS.  I  will  accept  those  amend- 
ments. 

The  amendments  suggested  by  Mr.  Crosman 
were  agreed  to  by  unanimous  consent. 

DAY   OF  ELECTION — AGAIN. 

Mr.  BANKS.  I  was  under  the  impression 
that  we  might  possibly  get  the  information  rel- 
ative to  the  day  fixed  by  Congress  for  submit- 
ting the  Constitution  to  the  jjeople  before  the 
time  of  our  final  adjournment,  but  if  it  is  cer- 
tain, as  I  now  understand  it  to  be,  that  we  can- 
not, I  think  perhaps  we  had  better  provide  for 
the  api)olntnient  of  a  committee  with  authority 
to  fill  the  blanks  whenever  the  information  shall 
come  to  hand. 

The  PRESIDENT.  Would  it  not  be  well 
to  fill  the  blanks  with  words  reading  thus  :  "  at 
the  time  provided  by  the  Act  of  Congress  ?  " 

Mr.  BANKS,  As  it  is  near  five  o'clock,  I 
move  to  postpone  the  time  for  recess  for  ten 
minutes. 

The  PRESIDENT.  If  there  is  no  objection, 
the  recess  will  be  postponed  for  ten  minutes. 

Mr.  COLLINS.  I  hope  those  blanks  will  be 
allowed  to  remain  until  the  last  thing  we 
do.  If  we  are  going  through  the  whole  instru- 
ment to-morrow,  as  has  been  suggested,  the 
Election  Ordinance  will  be  the  last  thing,  and 
possibly  we  may  not  be  able  to  get  through  to- 
morrow. 

The  PRESIDENT.  The  article  has  already 
passed  to  engrossment.  Even  if  the  Governor 
fihould  now  telegraph  to  Washington,  no  answer 
eould  i)ossibly  be  received  to-night,  as  the  hour 
is  so  kite  now  that  no  dispatch  can  be  deliv- 
ered, and  if  it  were  delivered  no  reply  could 
fee  had  to-night.  I  will  therefore  suggest,  that 
instead  of  supplying  a  date,  we  insert,  wherever 
reference  is  made  to  the  time  lor  submitting 
the  Constitution  to  the  people,  words  to  this 
effect :  "  On  the  day  provided  by  Act  of  Con- 
gress." 

"My.  BANKS.  The  President  will  remember 
that  if  a  dispatch  starts  from  here  at  this  time 
it  will  arrive  in  Washington  two  or  three  hours 
earlier. 

The  PRESIDENT.  But  the  gentleman  from 
Nye  (Mr.  Proctor)  has  not  yet  been  able  to  con- 
fer with  the  (Governor. 

The  SECRETARY.  By  leave  of  the  Con- 
vention, I  will  state  that  here  is  a  dispatch,  in 
the  iJiAd  Hill  Xews  of  this  evening,  dated  Salt 
Lake,  which  says  the  overland  wires  are  down 
ea.st  of  Fort  Laramie. 

Mr.  COLLINS.  Could  we  not  empower  the 
Committee  on  Re-enrollment  to  fill  tiie  Idank. 

The  PRESIDENT.  It  appears  to  me  that 
such  authorization  would  be  rather  unusual. 

Mr.  COLLINS.  We  are  in  an  unusual  situ- 
ation. 

The  PRESIDENT.  I  think  we  can  avoid  the 
difficulty  by  inserting  '•  on  the  day  provided  by 
Act  of  Congress."  I  would  like  to  hear  the 
opinion  of  the  Chairman  ot  the  .Judiciary  Com- 
mittee (Mr.  Brosnan)  upon  the  subject. 


Mr.  COLLINS.  But  then  it  does  not  appear 
in  the  Constitution  what  is  the  day  of  its 
birth. 

The  PRESIDENT.  There  are  several  things 
to  be  done  hereafter,  before  its  complete  adop- 
tion. 

Mr.  COLLINS.  Well,  any  way  to  get  out  of 
the  difficulty. 

Mr.  BROSNAN.  I  think  we  must  make  some 
provision  within  the  Constitution  for  notifying 
the  County  Commissioners,  in  order  that  they 
may  call  the  election,  because  otherwise  they 
have  nothing  official  to  guide  them.  Therefore, 
when  we  send  out  the  Constitution,  we  should 
at  the  same  time  provide  for  holding  an  elec- 
tion, upon  some  specified  day,  for  its  adoption 
or  rejection. 

The  PRESIDENT.  Is  there  not  a  provision 
that  the  Executive  shall  issue  his  proclamation, 
calling  the  election'; 

Mr.  COLLINS.     I  do  not  think  there  is. 

Mr.  BANKS.  It  is  presumed,  of  course,  that 
the  election  will  be  held  under  the  Governor's 
proclamation. 

The  PRESIDENT.  Proclamation  may  be 
made  of  the  fact,  whether  we  recpiire  it  or  not, 
and  the  day  provided  by  the  Act  of  Congress 
may  be  designated  in  the  proclamation. 

Mr.  COLLINS.  The  language  of  the  Enabling 
Act  is  declaratory  and  positive.  It  says  the 
Convention  shall  provide  by  ordinance  for 
submitting  said  Constitution  to  the  people  on 
the  day  named,  which  will  be  the  first  Wednes- 
day in  September  if  the  amendat(uy  act  has 
been  passed,  as  is  supposed.  And  Section  1  of 
the  Ordinance  must  declare  that  "  on  the  first 
Wednesday  in  September  this  Constitution  shall 
be  submitted."  etc. 

The  PRESIDENT.  Then  no  provision  is 
anywhere  made  for  a  proclamation — neither  in 
the  Enabling  Act  nor  by  the  Ordinance. 

Mr.  COLLINS.  No,  sir.  Who  would  be  the 
proper  officer  to  issue  the  proclamation,  the 
Governor  of  the  Territory,  or  the  President  of 
the  Convention  ? 

Tlie  PRESIDENT.  I  think  it  should  be  the 
Governor  of  the  T(>rritory. 

Mr.  COIjLINS.  I  will  prepare  an  amend- 
ment in  a  moment. 

Mr.  BANKS.  I  move  that  the  time  for  the 
recess  be  further  extended,  till  half-past  five 
o'clock. 

The  question  was  taken,  and  the  motion  was' 
agreed  to.- 

Mr.  COLLINS.  Now  I  move  to  amend  Sec- 
tion 1,  so  as  to  read  as  follows : 

"  Section  1.  The  Governor  of  the  Territory  of  Ne- 
vada is  horeby  authdrizcd  to  issue  his  proclamation 
for  the  submission  of  this  Constitution  to  the  people 
of  said  Territory,  for  their  api)roval  or  rejection,  on 
the  day  provided  for  such  submission  by  the  Act  of 
(,'onKrcss,  approved  March  2l8t,  18G4,  and  this  Consti- 
tution shall  be  submitted,"  etc. 

The  rest  of  the  section  being  as  printed. 

The  PRESIDENT.  No,  no !  V'ou  do  not  want 
to  give  the  date  of  the  Act  of  Congress  ;  there 
has  been  an  amendment  made   to   that  Act. 


20tli  day.] 


SCHEDULE. 


773 


Tuesday,] 


Collins— Kennedy — Proctor — Hawley — Brosnan — Tagliabue. 


[July  26. 


"  At  the  time  provided  by  Act  of  Congress  " 
is  sufficient. 

Mr.  COLLINS.  Very  well,  I  will  leave  that 
out. 

The  PRESIDENT.  Now  the  Secretary  will 
please  read  the  entire  section,  as  proposed  to 
be  amended. 

The  SECRETARY  read  as  follows  : 

Section  1.  The  Governor  of  the  Territory  of  Nevada 
is  hereby  authorized  to  issue  his  proclamation  for  the 
snbiaission  of  this  Constitution  to  the  people  of  said 
Territory  for  their  approval  or  rejection,  on  the  day 
provided  for  such  submission  by  Act  of  Congress,  and 
this  Constitution  shall  be  submitted  to  the  qualified 
electors  of  said  Territory,  in  the  several  counties 
thereof,  for  their  aijproval  or  rejection  ;  and,  further, 
on  the  tirst  Tuesday  after  the  first  Monday  of  Novem- 
ber, A.  D.  1804.  there  shall  be  a  general  election  in  the 
several  counties  of  said  Territory  for  the  election  of 
State  officers,  Sui^reme  and  District  Judges,  members 
of  the  Legislature,  Representative  in  Congress,  and 
three  Presidential  electors. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

No  further  amendment  being  offered — 

The  question  was  taken  by  yeas  and  nays  on 
the  final  passage  of  the  ordinance,  as  read  and 
amended,  and  the  vote  was — yeas,  20  ;  nays, 
none — as  follows  : 

Yeas — Messrs.  Banks,  Belden,  Brosnan,  Chapin,  Col- 
lins, Crawford,  Crosman,  FrizeU,  Folsom,  Hawley, 
Kennedy,  Kinkead,  Lockwood,  Mason,  McClinton, 
Murdooii,  Tagliabue,  Warwick,  WetherUl,  and  Mr. 
President — 20. 

JVays — None. 

So  the  Ordinance  was  passed. 

Mr.  KENNEDY.  I  suppose  it  will  go  at  once 
to  the  Enrolling  Committee. 

The  PRESIDENT.  It  will  be  referred  to  the 
Committee  on  Phraseology. 

On  motion  of  Mr.  BANKS,  at  fifteen  minutes 
after  five  o'clock,  the  Convention  took  a  recess 
until  seven  o'clock,  P.  M. 


EVENING  SESSION. 

The  Convention  reassembled  at  seven  o'clock, 
P.  M.,  and  was  called  to  order  by  the  Presi- 
dent. 

The  roll  was  called,  and  the  following  mem- 
bers responded  to  their  names  :  Messrs.  Banks, 
Belden,  Brosnan,  Chapin,  Collins,  Crosman, 
Folsom,  Gibson,  Hawley,  Kennedy,  Kinkead, 
Mason,  McClinton,  Proctor,  Tagliabue,  Wether- 
ill,  and  Mr.  President.   Present,  17  ;  absent,  22. 

CALL   OF  THE   HOUSE. 

On  motion  of  Mr.  KENNEDY,  no  quorum 
being  in  attendance,  a  call  of  the  house  was 
ordered. 

The  roll  call,  just  taken  as  above,  was  by 
unanimous  consent  adopted  as  the  roll  to  be 
used  under  the  call  of  the  house. 

The  Sergeant-at-Arms  was  directed  to  arrest 
and  bring  in  the  absentees. 

Messrs.  FrizeU,  Crawford,  Murdock,  and 
Nourse  appeared,  severally  stated  their  ex- 
cuses, and  were  allowed  to  take  their  seats. 


On  motion  of  Mr.  PROCTOR,  a  quorum  be- 
ing present,  furtlicr  ])roceedings  under  the  call 
were  disjicnsed  with. 

DAY   OK   ELECTION   ON  THE   CONSTITUTION. 

Mr.  PROCTOR.  I  desire  to  report  to  the 
Convention  that,  as  a  committee  of  one,  in 
accordance  with  the  resolution  adopted  this 
afternoon,  I  wait('(l  ujuju  the  (Governor,  and  re- 
quested him  to  telegraj)!!  to  the  authorities  at 
Washington  for  information  relative  to  the  day 
prescribed  l)y  Congress  for  submitting  the  Con- 
stitution to  the  people  ;  that  the  Governor  has 
telegraphed  to  Washington  asking  for  the  infor- 
mation we  .seek,  and  also  to  the  San  Francisco 
Bulletin,  the  paper  which  officially  publishes 
the  Acts  of  Congress,  in  San  Francisco,  and 
that  he  expects  an  answer  from  the  Bulletin  to- 
night, and  from  Washington  perhaps  to-mor- 
row. As  soon  as  he  receives  an  answer  he  will 
communicate  it  to  the  Convention. 

The  report  was  accepted,  and  the  committee 
discharged. 

THE   SCHEDULE. 

Mr.  HAWLEY.  I  wish  to  state  to  the  Con- 
vention that  so  far  as  my  information  extends— 
and  I  made  inquires  a  few  moments  ago — the 
article  entitled  Schedule  has  not  yet  been  de- 
livered to  the  Enrolling  Clerk,  nor  to  any  of 
his  assistants.  That  should  be  attended  to  if  it 
is  expected  to  be  enrolled  to-night. 

The  PRESIDENT.  I  understand  that  both 
the  Ordinance  and  Schedule  have  been  passed, 
and  submitted  to  the  Committee  on  Phraseol- 
ogy- 

COUNTY  OF  ROOP. 

Mr.  BROSNAN.  Mr.  President,  there  is  an 
omission  in  the  Schedule,  or  rather  I  should  say 
it  needs  a  further  addition,  and  with  the  general 
consent  of  the  Convention,  I  will  submit  the 
following  as  a  separate  section  to  be  added  to 
the  Schedule  : 

Sec.  — .  The  County  of  Roop  shall  be  attached  to  the 
County  of  Washoe  for  judicial,  legislative,  and  rev- 
enue purposes,  until  otherwise  provided  by  law. 

Mr.  TAGLIABUE.  Should  it  not  also  be  at- 
tached to  Washoe  for  county  purposes  ?  It 
seems  to  me  there  should  be  some  county  juris- 
diction extended  over  that  county. 

Mr.  BROSNAN.  I  will  accep't  the  amend- 
ment suggested. 

The  PRESIDENT.  The  Secretary  will  insert 
'•  county  "  before  the  word  "  purposes."  and  if 
there  be  no  objection  the  rules  will  be  deemed 
to  have  been  suspended  for  the  consideration 
of  the  section,  so  that  it  may  be  read  a  third 
time  now. 

The  SECRETARY.  With  the  consent  of  the 
Convention.  I  will  put  it  in  the  form  of  a  reso- 
lution, which  will  simplify  the  minutes. 

The  gentleman  from  Storey  (Mr.  Brosnan) 
offers  the  following  resolution  : 

Resolved,  That  the  following  new  section,  to  be  num- 
bered 22,  be  added  to  the  article  entitled  Schedule  : 


774 


DECLARATION  OF  RIGHTS. 


[20th  day. 


Tuesday,] 


Hawley— President— Brosnan — Nocrse— Banks — Collins. 


[July  26. 


Sec.  22.  The  co\mty  of  Koop  shall  be  attached  to 
the  cornitv  of  Washoe,  for  judicial,  legislative,  reve- 
nue and  couutj-  purposes,  until  otherwise  provided  by 
law. 

Mr.  HAWLEY.  I  suggest  that  the  vote 
should  be  taken  on  the  passage  of  the  section, 
by  yeas  and  nays,  to  obviate  any  objection 
which  might  be  raised  hereafter. 

The  PKESIDENT.  If  it  is  contained  in  the 
enrolled  copy  of  the  Constitution,  signed  by 
the  members,  that  will  be  sufficient.  Is  it  the 
desire  of  the  Convention  that  the  vote  shall  be 
taken  by  yeas  and  nays  ? 

Sever.\l  members.    No,  no  ! 

The  resolution  was  adopted  by  unanimous 
consent. 

DECLARATION'   OF   RIGHTS— CRIMINAL  JCRISDICTIOX. 

Mr.  BROSNAN.  There  is  a  matter  of  some 
moment  in  Article  I,  the  Declaration  of  Rights, 
which  attracted  my  attention,  and  of  which  I 
had  made  a  note  on  my  copy  of  the  old  Consti- 
tution. l)ut  I  somehow  overlooked  it  while  we 
were  proceeding  through  that  article,  in  the 
regular  course.  I  wish  gentlemen  who  have 
copies  would  look  at  Section  8  of  Article  I. 
The  defect  I  wish  to  remedy  is  this  :  We  have 
specified  in  the  Constitution  that  Justices  of  the 
Peace  and  Recorders  of  cities  shall  have  such 
criminal  jurisdiction  as  the  Legislature  may 
confer.  That  will  be,  of  course,  jurisdiction 
over  offenses  of  a  small  grade,  as  misdemean- 
ors, breaches  of  the  peace,  breaches  of  city 
ordinances,  threats  against  the  person,  and  per- 
haps other  classes  of  cases  which  might  be  en- 
numerated,  of  similar  magnitude.  But  in  this 
section  it  is  declared  that  no  person  shall  be 
held  to  answer  for  a  capital,  or  otherwise  in- 
famous crime,  without  the  intervention  of  a 
Grand  Juiy,  by  presentment  or  indictment. 
That  would  seem  to  include  almost  every  con- 
ceivable criminal  case,  and  in  order  that  there 
may  be  no  conflict  between  that  section  and 
that  in  whicli  the  Legislature  is  authorized  to 
give  certain  criminal  jurisdiction  to  Justices  of 
the  Peace.  I  consider  it  necessary  to  strike  out 
the  words  '■  in  cases  of  petit  larceny,"  in  the 
sixth  line,  so  as  not  to  confine  it  to  such  cases 
alone,  and  insert  instead  the  words,  "  and  also 
of  all  cases  cognizable  tjy  Justices  of  the  Peace 
and  Citj'  Recorders."  1  will  move  to  amend 
the  section  by  striking  out  the  words  "  of  petit 
larceny,"  and  sii))p]ying  their  places  with  the 
words  "  cognizable  by  Justices  of  the  Peace 
and  City  Recorders." 

Mr.  XOrivSM     I  second  the  amendment. 

Mr.  BANKS.  That  aiiicndnicnt,  I  uiulcrstand, 
has  reference  to  Municipal  Courts  to  be  estab- 
lished bv  the  Legislat\ne. 

Mr.  BUOSXAN.  I  will  read  the  fust  part  of 
the  section,  as  it  will  then  stand  : 

"  Sec.  8.  No  person  shall  be  held  to  answer  for 
capital  or  otherwise  infamous  crime,  (except  in  cases 
of  impeachment,  aud  in  cases  of  the  militia  when  in 
actual  service,  and  the  land  and  naval  forces  in  time  of 
war,  or  which  this  State  may  keej),  with  the  consent  of 
Congress,  in  time  of  peace,  aud  in  cases  cognizable  by 


Justices  of  the  Peace  and  City  Kecorders,  under  the 
regulation  of  the  Legislature,)  except  on  presentment 
or  Ladii'tment  of  a  Grand  Jury,"  etc. 

Mr.  HAWLEY.  I  would  inquire  if  the  gen- 
tleman from  Storey  has  considered  the  effect  this 
amendment  will  have  upon  the  enrollment.  I 
merely  suggest  that  if  these  anu-ndmente  are 
made,  it  will  be  necessary  to  enroll  the  article 
again. 

The  PRESIDENT.  It  is  contemplated  to 
have  a  re-enrollment  of  the  entire  instrument. 
That  was  found  to  be  necessary  in  the  last  Con- 
vention. If  this  amendment  be  made  as  pro- 
posed, it  can  be  incorporated  then. 

Mr.  NOURSE.  I  seconded  the  amendment, 
because  at  the  first  glance  I  thought  it  neces- 
sary, but  upon  looking  the  section  over  I  am 
not  sure  about  it.  1  would  like  to  call  the  at- 
tention of  the  gentleman  from  Storey  (Mr. 
Brosnan)  to  the  language  of  the  section.  It 
says  "  capital  or  otherwise  infamous  crime." 
That  does  not  extend  to  cases  of  assault  and 
battery,  or  breaches  of  city  ordinances.  Now,  if 
you  make  an  exception  in  regard  to  cases  cog- 
nizable by  Justices  of  the  Peace,  and  leave  the 
power  with  the  Legislature  to  prescribe  the 
jurisdiction  of  Justices  of  the  Peace,  do  you 
not  thereby  leave  it  in  the  power  of  the  Legis- 
lature to  run  up  the  jurisdiction  of  Justices  of 
the  Peace,  so  as  to  include  any  crime  they  may 
choose  ?  Petit  larceny  is  not,  technically  speak- 
ing, an  "  infamous  "  crime. 

Mr.  BROSNAN.  If  the  gentleman  will  give 
way  for  a  moment,  by  leave  of  the  Convention, 
I  will  withdraw  the  amendment  I  have  pro- 
posed, and  instead  of  that  I  will  move  to  amend 
the  section  by  striking  out  in  the  first  line  the 
words  '■  held  to  answer,"  and  substituting  the 
word  •'  tried,"  so  as  to  read  •'  no  person  shall 
be  tried  for  capital  or  otherwise  infamous 
crimG  "  (?to 

Mr.'  COLLINS.  I  would  inquire  if  this 
amendment  is  strictly  in  order. 

The  PRESIDENT.  It  is  competent  for  the 
Convention  to  take  such  action,  under  a  sus- 
pension of  the  rules,  which  I  understand  has 
already  been  acquiesced  in,  there  having  been 
no  objection.  Any  discrepancies  or  errors 
which  may  be  observed,  from  time  to  time,  can 
1)0  corrected  in  that  manner  ;  but  no  amend- 
ment can  be  entertained,  at  this  stage  of  pro- 
ceedings, except  by  unanimous  consent.  That 
will  be  the  interpretation  of  the  rules  by  the 
Chair  ;  and  hence,  if  a  single  objection  be  in- 
terposed, the  consideration  of  the  amendment 
will  be  deemed  not  in  order.  The  Chair 
will  hold  that  a  single  objection  will  defeat 
any  j)r()pos('d  amendment  to  an  article  which 
has  already  passed  to  enrollment  The  ques- 
tion is  upon  the  ameiulment  last  projwsed  by 
the  gentleman  from  Storey,  (Mr.  Brosnan.) 

The  SECRETARY.  I  have  placed  tin;  amend- 
ment in  the  form  of  a  resolution,  as  follows  : 

Resolved,  That  Section  8  of  Article  I,  entitled  Declar- 
ation of  Rights,  be  and  the  same  is  hereby  amended, 
by  striking  out  the  words  "held  to  answer,"  aud  in- 


20th  day.]  PUBLICATION  OF  CONSTITUTION. 


775 


Tuesday,]       President — Brosnan — McCunton — Chapin — Warwick — Gibson,  etc.        [July  26. 


serting  in  lieu  thereof  the  word  "tried;"  also  by  in- 
sering  after  the  word  " for, "  the  word  "a,"  so  as  to 
read  as  follows  : 

"Sec.  8.  No  person  shall  be  tried  for  a  capital  or 
otherwise  infamous  crime,  (except  in  cases  of  imiaeach- 
meut,  and  in  cases  of  the  militia  when  in  actual  ser- 
vice, and  the  laud  and  naval  forces  in  time  of  war,  or 
which  this  State  may  keep,  vnth  the  consent  of  Con- 
gross,  in  time  of  peace,  aud  in  cases  of  petit  larceny, 
under  the  regulation  of  the  Legislature,)  except  on 
presentment  or  indictment  of  a  Grand  Jury,"  etc. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

The  "PRESIDENT.  I  wish  to  call  the  atten- 
tion of  the  gentleman  from  Storey  (Mr.  Bros- 
nun)  to  another  matter,  namely,  the  provision 
of  the  Constitution  which  prohibits  all  judicial 
officers,  except  Justices  of  the  Peace,  from  re- 
ceiving to  their  own  use,  fees  of  office.  I  recol- 
lect making  a  suggestion  to  some  member, 
that  such  a  provision  would  exclude  City  Re- 
corders. 

Mr.  BROSNAN.  An  amendment  has  been 
adoj)ted  excepting  City  Recorders,  also. 

publication  op  the  constitution. 

Mr.  McCLTNTON.  I  have  not  yet  heard  a 
word  said  in  relation  to  having  any  official 
printing  done  for  this  Convention.  It  appears 
to  me  that  it  is  very  important  to  provide  for 
the  official  publication  of  the  Constitution,  and 
I  would  like  to  inquire  whether  or  not  it  is  in- 
tended to  have  it  officiallv  pul>lished. 

The  PRESIDENT.  That  has  been  a  subject 
of  conversation  among  members,  but  I  have 
not  yet  learned  what  action  is  proposed.  I  cer- 
tainly conceive  it  to  be  very  important  that 
some  measure  should  be  adopted  to  provide  for 
the  printing  of  the  Constitution  immediately 
after  its  completion,  so  that  the  people  may  be 
advised  of  its  provisions  as  early  as  possible. 

Mr.  CHAPIN.  I  have  been  waiting  some 
time  to  see  if  anybody  would  submit  a  prop- 
osition on  that  subject,  and  I  find  that  some 
members  appear  to  think  that  no  action  is  nec- 
essary, as  the  newspapers  will  publish  the  Con- 
stitution merely  as  a  matter  of  news.  I  think 
myself  it  should  be  published  officially,  and  as 
no  one  else  has  seen  fit  to  offer  a  resolution,  I 
will  read  one  which  I  have  prepared  : 

Resolved,  That  a  committee  of  three  be  appointed  to 
procure  the  printing  of  ten  thousand  copies  of  the 
Constitution  on  .sheets,  to  be  distributed  to differ- 
ent journals  for  publication  as  supplements,  excei^ting 
one  hundred  or  one  hundred  and  fifty  copies  for  each 
county,  which  shall  be  sent  to  the  County  Clerks  for 
distribution  by  them  ;  the  cost  of  publication  to  be 
definitely  agreed  upon  by  said  committee,  and  the  bill 
audited  by  them  for  the  printing. 

Mr.  WARWICK.  As  there  are  only  nine 
counties,  it  will  take  but  a  few  hundred  copies 
to  supply  them,  in  the  proportion  proposed  by 
the  resolution.  If  ten  thousand  are  to  be 
printed.  I  think  we  might  as  well  send  three  or 
four  hundred,  at  least,  to  each  County  Clerk. 

Mr.  GIBSON.  The  idea  is  to  distribute  all 
except  from  fifty  to  a  hundred  copies  for  each 
county,  through  the  newspapers,  and  to  send 
those  to  the  clerks.    Last  year  we  had  five 


thousand  printed,  and  they  were  all  distributed 
but  a  few,  in  cases  where  the  delegates  would 
not  take  them  home.  The  Representatives 
from  Lander  and  Humboldt,  I  believe,  did  not 
take  their  ])n)p((rtioii.  and  that  is  the  way  we 
happened  to  have  them  for  use  in  this  Conven- 
tion. 

Mr.  HAWLEY.  Does  the  resolution  contem- 
plate that  the  proprietors  of  the  newspapers 
shall  distribute  one  copy  of  the  Constitution  to 
each  sul)scriber,  with  liis  lu'wspaper? 

Mr.  CIIAI'IN.  That  is  the  idea.  I  tried  to 
study  economy  as  much  as  possible  in  drawing 
the  resolution,  because  I  really  fear  that  there 
may  be  a  difficulty  in  finding  a  publishing 
office  which  will  be  willing  to  take  the  job,  and 
wait  for  the  pay.  My  intention  was  to  procure 
the  printing  of  all  the  copies  at  one  office,  and 
then  distribute  them  to  the  various  newspapers, 
to  the  Washoe  Star,  the  Carson  hidependenl,  the 
Esmeralda  Daily  Union,  and  so  on,  requesting 
the  editors  of  those  newspapers  to  distribute 
them  to  their  subscribers,  which  I  presume  they 
would  cheerfully  do.  But  in  order  that  every 
man  may  know  where  to  get  a  copy,  I  proposed 
to  send  a  few  to  each  County  Clerk,  so  that  one 
who  does  not  take  a  newspaper,  if  he  wants  a 
copy  of  the  Constitution,  can  send  to  the  County 
Clerk's  office  and  get  it. 

Mr.  FRIZELL.  When  you  have  the  Consti- 
tution once  in  type,  the  additional  cost  of  a 
few  thousand  copies  more  than  the  first  order, 
is  very  little — almost  nothing.  I  think,  there- 
fore, we  had  better  have  a  liberal  number 
printed. 

Mr.  CH.\PIN.  I  think  ten  thousand  is  jjlenty. 
In  fact,  I  hesitated  about  ijutting  the  number  as 
high  as  that. 

Mr.  McCLINTON.  I  am  not  certain  about 
the  propriety  of  sending  any  at  all  to  the 
County  Clerks.  The  County  Clerk's  office  is  a 
place  where  the  citizens  generally  are  not  very 
liable  to  resort.  Suppose  we  send  two  hundred 
and  fifty  copies  to  the  County  Clerk  of  Esmer- 
alda County,  or  Storey  County  ;  they  will  never 
be  distributed,  because  people  generally  very 
seldom  go  into  the  County  Clerk's  office,  unless 
on  special  business.  They  do  not  go  there  per- 
haps more  than  once  a  year,  while  tiiev  go  to 
other  places  a  hundred  or  possibly  two  hun- 
dred times.  The  post  office,  or  the  express 
office,  would  be  a  much  better  place  to  .send 
the  documents  to.  But  I  think  we  had  better 
leave  the  distribution  entirely  to  the  newspa- 
pers. 

Mr.  CHAPIN.  Well.  I  will  agree  to  that, 
and  will  strike  out  all  in  relation  to  the  clerks. 

Mr.  NOURSE.  Perhaps  it  would  be  as  well 
to  let  the  conunittee  nuiiuige  it. 

The  PRESIDEXT.  I  think  the  committee 
should  arrange  the  matter  of  distribution.  We 
can  give  authority  to  ])rocure  the  printing  and 
to  distribute  the  copies,  and  then  leave  the 
committee  to  determine  the  mode  of  distribu- 
tion. 

Mr.  CH^VPIN.    I  have  no  objection. 


776 


PUBLICATION  OF  CONSTITUTION. 


[20th  day. 


Tuesday,] 


Banks — Kennedy — Chapin — McClinton — Crosman — Taouabue. 


[July  26. 


Mr.  BANKS.  I  will  move  to  amend  the  reso- 
lution, so  as  to  leave  the  whole  matter  in  the 
hands  of  the  eommittee.  And  here  1  will  sug- 
gest wliat  has  not  perhaps  oceurri'd  to  some  of 
the  menil)('i-s  ;  that  is,  that  the  County  Clerks, 
of  all  men  in  the  State,  would  naturally  be  the 
woi-st  to  entrust  with  this  matter,  for  it  will  be 
renu-mbered  that  the  Constitution  we  have 
framed  has  taken  away  the  fees  for  much  of  the 
business  which  they  have  heretofore  been  paid 
for  in  that  manner.  A  good  many  of  them  will 
be  candidates  tor  re-election,  or  likely  to  hold 
on  to  the  office,  and  I  think  we  had  better  leave 
as  little  to  them  as  possible.  I  am  inclined  to 
think,  that  if  we  send  them  copies  of  the  Con- 
stitution, they  will  devote  a  large  share  of  them 
to  purposes  other  than  that  for  which  they  are 
intended. 

Mr.  KENNEDY.  I  think  it  would  be  a  good 
idea  to  send  the  copies  to  the  delegates  for  dis- 
tribution, instead  of  sending  them  to  the  County 
Clerks.  But  it  seems  to  me  we  had  better  leave 
it  to  the  committee  altogether.  I  do  not  believe 
many  newspapers  will  be  likely  to  publish  the 
Constitution  in  full,  unless  they  expect  to  be 
paid  for  it. 

Mr.  CHAPIN.  The  publishers  will  merely 
have  to  send  out  the  copies,  which  they  receive 
ready  printed. 

Mr.  McCLINTON.  The  printer  can  strike 
off  one  thousand,  two  thousand,  or  whatever 
number  is  retpiired,  with  the  heading  "  Virginia 
City  Daily  Union — Supplement ;''  then  another 
batch,  headed  '•  Esmeralda  Daily  Union — Sup- 
plement," and  so  on,  for  all  the  newspapers 
in  the  Territory.  Those  copies  can  be  sent 
to  the  publishers  of  the  respective  journals, 
with  the  request  that  they  distribute  them.  If 
the  committee  do  not  see  fit  to  send  them  all  to 
the  ne\vsi)ap(;rs.  a  thousand  copies,  or  as  many  j 
as  they  please,  may  be  reserved,  to  be  dis- 
tributed in  such  manner  as  may  be  deemed  ad- 
visable. I  think  we  had  better  leave  the  whole 
matter  with  the  committee. 

Mr.  CH.VPIN.  We  might  let  the  resolution 
read  in  this  wise  : 

Regolved,  That  a  committee  of  three  be  appointed  to 
negotiate  for  the  pubUcation  and  distribution  of  ten 
thousand  copies  of  the  Constitution,  on  sheets,  to  l)e 
distributed  with  the  diflfercnt  Journals  as  supijlements, 
or  otherwise,  as  the  coimnittee  may  deem  expedient. 

Mr.  BANKS.  I  would  greatly  prefer  to  leave 
out  all  about  the  supplements,  and  say  only 
"to  be  distril)uted  as  tiiey  deem  Ijest." 

Mr.  CliOSMAN.  It  is  probably  as  well  to 
leave  it  all  to  the  committee,  but  at  the  .same 
time  I  am  of  the  opinion  that  the  ))est  way  to 
distribute  the  copies  of  the  Constitution,  is  to 
send  tiiem  to  the  delegates  in  this  Convention. 
There  is  no  means  wliich  will  be  found  so 
ready  and  effectual  for  rcaciiing  the  masses 
of  the  votbrs,  as  to  give  tliem  to  IIk?  deh'- 
gates  from  the  several  counties,  for  distribu- 
tion. 

Mr.  CHAPIN.  I  will  withdraw  the  first  reso- 
lution, by  leave  of  the  Convention,  and  will 


offer  another  in  the  place  of  it,  which  I  ask  the 
Secretary  to  read. 

The  SECRETARY  read,  as  follows  : 

Resoh'i'.d.  That  a  committee  of  three  members  of  the 
Convention  be  appointed  by  the  President  of  the  Con- 
vention, which  comiuittee  shaU  be  authorized  to  have 
p\iblislied  ten  thousand  coijies  of  the  Coustitution ; 
and  that  they  be  fiuther  authorized  to  make  general 
distrilnitiou  of  the  same  among  the  peojile  of  the 
dittVreut  counties  of  the  Territory,  in  their  discretion, 
and  that  the  expense  of  such  publication  and  distri- 
bution be  certihed  by  such  committee  to  the  next 
session  of  the  State  or  Territorial  Legislature,  as  may 
be,  for  ijayment. 

Mr.  TAGLIABUE.  That  is  all  very  well,  but 
I  think  the  gentleman  from  Storey  (Mr.  Chapin) 
has  shut  the  wind  otf  by  this  amendment  of  his, 
which  we  have  adopted  heretofore  as  a  part  of 
one  section  of  the  Schedule  : 

"  Nor  shall  any  appropriations  be  made  out  of  the 
revenue  arising  from  said  tax,  except  in  the  following 
manner,  to  wit  : 

First — For  paying  interest  upon  the  public  debt. 

Second — For  salaries  of  State  officers. 

Third — For  State  Prison  expenses. 

Fourth — For  Educational  puri^oses. 

Fifth — For  Legislative  and  Miscellaneous!  expenses. " 

Fifth  comes  the  Legislature,  and  last  ot  all 
miscellaneous  expenses.  It  appears  to  me  that 
last  item  is  not  likely  to  be  reached  during  the 
next  three  years,  and  I  am  certain  that  these 
printing  bills  of  the  newspapers  could  not  be 
disposed  of,  by  the  newspaper  publishers,  at 
any  price. 

Mr.  CHAPIN.  I  beg  leave  to  correct  the  im- 
pression which  many  gentlemen  seem  to  have 
on  that  subject.  Because  these  miscellaneous 
expenses  are  placed  last,  they  seem  to  be  en- 
tirely despondent  and  hopeless.  But  if  the 
Legislature  will  have  wisdom  enough  to  sit 
down  and  count  the  cost,  and  look  out  for  all 
the  details  of  their  ai)propriations  from  the  be- 
ginning, why  will  they  not  have  wisdom  enough 
also  to  look  out  for  their  own  pay  at  the  end  ? 
And  if  they  do  that  they  must  necessai'ily  pro- 
vide for  these  miscellaneous  and  contingent 
expenses  at  the  .same  time,  because,  as  a  mat- 
ter of  necessity,  those  expenditures  are  incurred 
before  the  ]>ay  of  the  Legislature  is  due.  I 
have  no  fear  but  that  those  little  bills  will  be 
properly  provided  for,  and  as  promptly  as  any 
others  which  will  come  before  the  Legislature. 

Mr.  TAGLIABCE.  But  this  year  they  have 
only  the  proceeds  of  a  thirty  cent  tax,  and  if 
they  derive  no  revenue  from  the  tax  on  the 
gross  proceeds  of  the  mines,  they  will  certainly 
be  apt  to  use  uj)  the  whole  in  drawing  their 
pay  and  mileage,  before  reaching  these  smaller 
accounts. 

The  PRESIDENT.  I  suggest  that  the  news- 
jiajjers  possibly  may  not  find  out  that  fact  until 
utter  they  have  puljlished  the  Constitution. 
[Merriment.] 

Mr.  TAGLIAUUE.  But  we  do  not  want  to 
tukt'  advantage  of  them.  I  am  glad  the  Legis- 
lature comes  in  ahead  of  ''  miscellaneous,''  be- 
cause if  they  came  in  at  the  foot  the  members 
would  not  get  a  cent  for  three  years. 


20th  day.] 


DECLARATION  OF  RIGHTS. 


777 


Tuesday,]        MoClinton— Crawford — Collins — President — Brosnan — Kinkead.         [July  26. 


The  question  was  taken  on  the  resolution  last 
oflFered  by  Mr.  Chapiu,  and  it  was  adopted. 

The  PRESIDENT.  I  will  name  as  the  Com- 
mittee on  Publication,  Messrs.  Chapiu,  MoClin- 
ton, and  Crawford. 

Mr.  McCLINTON.  I  beg  leave  to  decline,  for 
this  reason  :  I  think  it  necessary  that  the  mem- 
bers of  the  committee  should  be  near  each 
other,  where  they  may  consult  together  per- 
sonally, and  as  I  expect  to  go  home  at  the  earli- 
est possible  moment,  and  probably  shall  not 
be  here  again  for  a  long  timw,  perhaps  never.  I 
do  not  think  it  is  possible  for  me  to  aid  the 
committee  in  any  manner  whatever. 

The  PRESIDENT.  If  there  is  no  objection, 
the  gentleman  will  be  excused. 

Mr.  CRAWFORD.  I  should  rather  be  ex- 
cused from  serving  on  that  committee,  as  the 
job  is  a  very  fat  one,  and  being  on  the  commit- 
tee would  deprive  me  of  the  privilege  of  com- 
peting for  it.  [Merriment.]  I  think  the  con- 
tract will  possibly  be  made  with  some  of  the 
Virginia  City  presses,  and  it  will  be  far  more 
convenient  to  have  the  committee  located 
there. 

The  PRESIDENT.  If  there  is  no  objection, 
the  gentleman  from  Ormsby  will  also  be  ex- 
cused. 

Mr.  McCLINTON.  Probably  the  work  can 
be  done  cheaper  at  Virginia  City  than  at  any 
other  place  in  the  Territory,  and  if  the  gentle- 
man from  Ormsby  (Mr.  Crawford)  does  not 
want  to  put  in  a  bid  for  the  job,  I  suggest  that 
the  committee  should  be  taken  from  the  Storey 
County  delegation  entirely. 

The  PRESIDENT.  The  committee  will  con- 
sist of  Messrs.  Chapiu.  Collins,  and  Frizell. 

Mr.  COLLINS.  I  would  prefer  to  have  some 
other  gentleman  named  in  my  place  on  the 
committee. 

The  PRESIDENT.  I  see  the  force  of  the 
suggestion  made  by  the  gentleman  from  Esmer- 
alda, (Mr.  McClinton,)  and  therefore  have  ap- 
pointed the  committee  entirely  from  the  Storey 
delegation. 

Mr.  BROSNAN.  I  would  like  to  be  informed 
more  fully  as  to  the  duties  of  the  Committee  on 
Re-enrollment,  and  of  whom  that  committee 
consits. 

The  SECRETARY.  Messrs.  Brosnan,  Kin- 
kead, and  Gibson  were  appointed  as  such  com- 
mittee. 

Mr.  KINKEAD.  Is  it  the  intention  of  the 
Convention,  as  a  Convention,  to  take  any  further 
action  on  the  various  articles,  before  they  are 
disposed  of  entirely  ? 

The  PRESIDENT.  I  take  it  that  we  do  not 
propose  to  adjourn  finally  to-night,  and  we  may 
be  able  to  give  the  instrument  a  final  revision. 

declaration  of  rights — slander  and  libel. 

Mr.  BROSNAN.  I  am  satisfied  as  to  that. 
Now  there  is  another  matter  which  I  should 
like  to  bring  to  the  attention  of  the  Convention 
before  its  labors  are  finally  closed.  Mr.  Presi- 
dent, besides  what  feeble  aid  I  could  give  in 


the  construction  of  this  instrument,  I  have  at- 
tentively devoted  to  it  all  the  consideration  I 
could  command,  and  I  am  satisfied  with  it,  in 
almost  every  particular,  as  it  stands,  as  the  best 
I  could  do  to  carry  out  my  own  views,  and  to 
discharge  faithfully  my  duty  to  my  constituents. 
I  must  say,  however,  that  there  is  one  matter 
contained  in  the  instrument,  as  it  now  stands, 
which  I  would  rather  see  corrected.  We  have 
em))odied  in  this  Constitution,  I  will  not  say  an 
unwise  provision,  but  on  tlu?  contrary  I  think  it 
is,  if  not  wise,  at  least  entirely  becoming  the 
progressive  spirit  of  the  age.  I  refer  to  that 
section  which  disqualifies  a  citizen  from  i)refer- 
nient,  and  from  the  exercise;  of  llu-  right  of 
suftrage,  in  consequence  of  his  having  been  en- 
gaged iu  a  duel.  I  have  no  fault  to  find,  at  the 
present  time,  Mr.  President,  with  the  emliodi- 
raent  of  that  provision  in  the  Constitution,  for 
whatever  may  be  my  own  feelings  on  the  sub- 
ject, I  would  be  willing  to  defer  to  the  better 
judgment  and  the  moral  sensil)ilities  of  my 
fellow  citizens,  rather  than  to  set  up  my  own 
private  judgment  or  opinion  against  them. 

But  in  embodying  that  feature  in  our  Consti- 
tution, it  seems  to  me  that  we  have  left  un- 
guarded against,  another  crying  evil  in  our 
midst.  We  have,  so  to  speak,  exonerated  men 
from  any  kind  of  punishment,  when  they  violate 
the  civil  rights  of  others,  and  have  left  no  re- 
dress for  the  party  who  is  thereby  injured,  ex- 
cept iu  a  few  cases,  perhaps,  for  iu  most  cases 
they  can  only  resort  to  a  fruitless  and  empty 
attempt  to  recover  redress  in  a  court  of  law,  a 
thing  which  I  would  consider  mere  brutum  ful- 
men — a  void,  useless,  and  altogether  incom- 
mensurate mode  of  relief.  We  are  now  in  a 
position,  or  we  shall  be  as  a  State,  under  the 
Constitution  as  it  now  reads,  where  the  reckless 
and  malevolent  may  permeate  every  avenue  of 
society,  circulating  vile  falsehoods  and  base 
accusations  against  their  neighbors,  with  im- 
punity, smiting  down  perhaps  the  best  citizens, 
in  the  days  of  their  usefulness,  by  the  villainous 
shafts  of  slander,  or  the  empoisoned  arrows  of 
the  pen.  The  man  of  malevolent  heart  may 
squat  toad-like  at  the  ear  of  his  neighbor,  as 
the  devil  did  in  the  garden  at  the  ear  of  Eve, 
infusing  the  poison  of  his  own  malicious  heart, 
by  uttering  falsehood  and  scandal  against  that 
neighbor's  friend,  and  yet  for  him  who  is 
maligned  there  is  no  redress.  If  he  goes  into 
the  courts  of  justice  to  seek  for  redress  of  his 
wrongs,  he  will  most  often  find  that  the  person 
who  has  slandered  him,  the  man  who  delights 
in  striking  down  the  good  name  of  his  fellow 
citizen,  is  irresponsiltle— entirely  unable  to  an- 
swer in  the  way  of  compensating  damages. 
Thus,  if  you  pursue  the  i)eaceal)le  course  of 
resorting  to  the  law,  in  seeking  redress  for  in- 
juries done  to  you  of  such  character,  while  you 
may  obtain  a  judgment,  through  the  verdict  of 
twelve  of  your  fellow  citizens,  as  a  solace  for 
yo<ir  injuries  and  wrongs,  yet  the  penniles.s, 
characterless,  ruthless,  merciless  rnffian  who 
has  thus  smitten  your  reputatiou  and  honor, 


778 


DECLARATION  OF  RIGHTS. 


[20th  day. 


Tuesday.] 


Nourse—Chapin— Warwick — Banks — Brosnan. 


[July  26. 


not  having  the  wherewith  to  respond  in  com- 
pensating diiniages.  goes  forth  free,  and  laughs 
with  impunity  not  only  at  the  wrongs  ho  has 
perpetrated  against  his  neighbor,  but  also  at  the 
powerlessness  of  the  law. 

■\Ve  have  embodied  here  in  our  Constitution 
a  declaration  that  there  shall  be  no  imprison- 
ment for  debt,  except  iu  cases  of  fraud,  and  we 
have  allowed  the  slanderer  to  go  free,  and  the 
liljeller  to  sneer  at  tlic  shafts  of  justice.  I  hold. 
Mr.  President,  that  it  is  a  greater  offense,  and 
should  be  so  regarded,  not  only  against  the 
moral  and  divine  law,  but  also  against  the  laws 
of  human  society,  to  slander  and  to  libel  an- 
other, than  it  is  to  defraud  him.  The  injury  in- 
flicted by  fraud  is  less,  even  taking  into  con- 
sideration tliat  hnver  point  of  view.  And.  yet. 
for  the  lesser  offense  you  imprison  a  man,  while 
for  the  greater  you  iiave  provided  no  remedy, 
no  possible  redre.ss.  Whj',  sir,  how  much  more 
enormous  is  the  offense  of  a  lil)cl  or  slander 
than  that  of  a  fraud  I  The  fraud  is  commonly 
circumscribed  in  its  limits  and  effects.  It  may 
be  known  in  the  immediate  neighborhood 
where  the  parties  concerned  are  living,  but  the 
injury  affects  only  the  purse,  and  the  injured 
man  is  none  the  less  respected  by  his  fellows  ; 
whilst  the  slander  or  libel  travels  far  and  wide, 
speeds  with  the  rapidity  of  lightning,  fleet  as 
the  wind,  and  spreading  as  it  goes,  like  rumor, 
magnifying  itself.  It  rolls  onward  as  would  a 
magnetized  globe  of  iron,  gathering  up  in  its 
course  particles  of  cognate  matter,  until  the 
original  aspersion  grows  into  a  monster  which 
finally  poisons  the  very  atmosphere,  not  of  a 
single  comnuuiity  alone,  but  of  extended  com- 
munities which  hear  its  utterance.  You  look  on 
and  see  this  monster  fastening  its  vulture-like 
talons  in  the  heart  of  its  victims,  whilst  the 
man,  if  he  will  respect  the  law,  dare  not  use 
the  weapons  which  the  Almighty  has  given  him 
for  self-defense.  You  allow  the  vulture  of  slan- 
der to  prey  upon  his  vitals,  as  did  that  other 
foul  bird  upon  the  liver  of  tiie  chained  Prome- 
theus. In  my  judgment  this  is  wholly  unfair  and 
wrong.  If  we  mean  to  be  just  in  this  matter, 
and  mean  to  carry  out,  in  letter  and  spirit, 
■  the  provision  of  that  other  section  which  we 
have  eml)odied  in  our  Constitution,  to  prevent 
the  practice  of  dueling,  then  let  us  at  least 
place  the  slanderer  and  the  libeller  upon  the 
same  platform  with  the  defrauder.  tlu'  cheat, 
and  the  swindler.  In  my  estimaticui  the  slan- 
derer and  libeller  are  at  least  as  censurable  as 
those. 

I  therefore  move,  as  the  last  effort  I  shall 
make, — and  I  think  this  is  the  last  time  1  shall 
desire  to  detain  the  Convention, — that  Section 
14,  of  Article  I,  be  anu'nd(!d  l)y  inserting  alter 
the  word  "  fraud  "  the  words  •'  libel  or  slander,'" 
so  that  th(!  clause  will  read  : 

"Aiifl  there  s)iall  be  no  iini)risonment  for  debt,  ex- 
cept in  eascH  of  fraud,  libel,  or  slauder." 

Mr.  NOl'iJ.Sfv     I  second  the  amendment. 

Mr.  ClIAPIN.    So  do  I. 

Mr.  WARWICK.    Now,  sir,  heartily  as  I  in- 


dorse the  action  taken  by  the  Convention  on 
the  subject  of  dueling.  I  confess  that  I  as 
heartily  indorse  the  motion  made  by  the  gen- 
tleman from  Storey,  (Mr.  Brosnan.)  It  never 
was  my  desire  to  throw  a  shield  of  protection 
over  the  slanderer,  or  to  deprive  the  slandered 
of  the  right  to  protect  himself  by  every  means 
of  protection  which  the  law  may  ju.stify.  There 
are  men  in  this  community,  more  especially  at 
this  time,  who  nuist  feel  that  the  shafts  of  slan- 
der, of  which  the  gentleman  has  spoken,  ought 
to  be  placed  within  the  rt;ach  and  control  of 
the  law.  A  man's  character  is  dearer  than  his 
goods,  dearer  far  than  life  to  many  men,  for 
they  are  ready  to  sacrifice  life  itself  rather  than 
honor.  I  therefore  hold  that  it  is  the  duty  of 
this  Convention — and  I  honor  the  gentleman 
from  Storey  for  making  this  last  effort— to 
throw  the  shelter  of  the  law,  as  is  proposed  by 
this  amendment,  over  those  who,  without  it, 
would  have  no  protection  whatever. 

It  cannot  be  the  intention  of.  this  Convention, 
sir,  nor  of  any  other  body  of  sensible  men,  to 
throw  a  shield  around  those  pests  of  society 
who  would  shelter  themselves  like  cowards  be- 
hind the  enactment  we  have  made  against  duel- 
ing, and  from  that  covert  send  forth  their  en- 
venomed shafts  against  the  character  of  better 
men.  I  repeat  that  I  honor  the  gentleman 
from  Storey,  and  shall  ever  remember  him  with 
honor,  for  the  course  he  has  taken  on  this  sub- 
ject, and  1  only  regret  that  it  has  escaped  the 
notice  of  members  so  long.  Now  that  we 
have  deprived  men  of  the  right  to  protect 
themselves,  let  us  at  least  give  them  some  shel- 
ter and  protection  by  law,  against  the  enven- 
omed shafts  of  slander. 

Mr.  BANKS.  I  like  this  amendment,  chiefly 
because  it  places  slander  and  libel  in  their 
proper  places  in  the  category  of  crimes,  associ- 
ating them  with  fraud  and  swindling  ;  but  I  do 
not  understand  that  the  Constitution,  as  it  now 
stands,  would  prohibit  the  Legislature  from 
l)assing  a  law  to  imprison  a  man  directly,  as  a 
punishment  for  slander. 

Mr.  BROSNAN.  There  could  be  no  such 
thing  in  a  case  of  slander.  Libel  is  an  indicta- 
ble offense,  but  for  slander  the  only  remedy 
would  be  an  action  for  damages. 

Mr.  NOURSE.  It  is  much  harder  to  convict 
a  man  of  such  an  offense  on  a  criminal  charge 
tlian  in  a  civil  action. 

Mr.  BANKS.  I  made  the  remark  rather  by 
the  way  of  an  inijuiry,  in  reference  to  the 
power  of  the  Legislature  to  punish  those 
crimes,  outside  of  tlie  constitutional  provision. 

Tile  SK('i;f:TARV.  I  liave  placed  the  amend- 
ment in  the  form  of  a  resolution,  as  follows  : 

Resolved,  That  Section  14  of  Article  I,  entitled  Dec- 
laration of  Eights,  be  amended  by  inserting  after  the 
word  "  fraud,"  the  words  "  libel  or  slander,"  so  that 
such  clau.se  will  read  :  "And  there  shall  be  no  impris- 
onment for  debt,  exceiJt  iu  cases  of  fraud,  libel,  or 
slander." 

The  question  was  taken,  and  the  resolution 
was  unanimously  adopted. 


21st  day.] 


UNITED  STATES  CONSTITUTION. 


•779 


Wednesday,] 


Hawley — Chapin — Kennedy — Banks. 


[July  27- 


Mr.  HAWLEY.  I  move  that  the  Convention 
now  adjourn. 

Mr.  CHAPIN.  I  hope  we  shall  go  into  a  final 
examination  of  the  enrolled  articles,  and  at 
least  begin  that  work  to-night.  AVe  can  get  the 
articles  at  once,  if  they  are  not  here  now.  I 
will  move  that  we  take  up  the  enrolled  copy  of 
the  Constitution  for  final  examination. 

Mr.  KENNEDY.  I  would  like  to  inquire  if  it 
is  necessary  to  go  over  the  entire  Constitution 
again,  and  have  it  all  read?  I  do  not  see  that 
it  is  necessary. 

Mr.  BANKS.     Certainly. 

The  PRESIDENT.  The  question  is  first  on 
the  motion  of  the  gentleman  from  Douglas,  (Mr. 
Hawley.)  to  adjourn. 

Mr.  CHAPIN.  I  warn  gentlemen  that  if  we 
do  adjourn  now,  we  shall  not  be  able  to  get 
through  to-morrow. 

The  PRESIDENT.  Discussion  is  not  in  order. 

Mr.  CHAPIN.    I  ask  for  the  yeas  and  nays. 

The  question  was  taken  by  yeas  and  nays  on 
the  motion  to  adjourn,  and  the  vote  was — yeas, 
11 ;  nays,  9 — as  follows  : 

Yeas — Messrs,  Beklen,  Brosnan,  Collius,  Crawford, 
Frizell,  Folsom,  Gibson,  Hawley,  McCliuton,  Nourse, 
and  Warwick — 11. 

Nays — Messrs.  Banks,  Chapin,  Crosraan,  Kennedy, 
Parker,  Proctor,  Tagliabue,  WetherUl,  and  Mr.  Presi- 
dent—9. 

So  the  motion  was  agreed  to. 
Accordingly,  at  9  o'clock,  P.  M.,  the  Conven- 
tion adjourned. 


TWENTY-FIRST  DAY. 

Carson,  July  27,  1864. 

The  Convention  met  at  nine  o'clock,  A.  M., 
and  was  called  to  order  by  the  President. 

The  roll  was  called,  and  the  following  mem- 
bers responded  to  their  names  :  Messrs.  Banks, 
Belden,  Brosnan,  Chapin,  Collins,  Crawford, 
Crosman,  Folsom,  Hawley,  Hudson,  Kennedy, 
Kinkead,  Mason,  McClinton,  Murdock,  Proctor, 
Warwick,  Wetherill,  and  Mr.  President.  Pres- 
ent. It)  ;  absent,  20. 

No  quorum  being  present,  a  call  of  the  house 
was  ordered,  by  general  consent,  but  before 
the  roll  was  called  Messrs.  Gibson  and  Taglia- 
bue came  in,  making  a  quorum,  and  thereupon 
further  proceedings  under  the  call  were  dis- 
pensed with. 

Prayer  was  offered  by  the  Rev.  Mr.  RILEY. 

The  journal  of  yesterday  was  read,  and  ap- 
proved. 

THE  ENROLLMENT. 

Mr.  HAWLEY.  I  ask  leave  to  make  a  state- 
ment in  regard  to  the  enrollment.  It  is  hardly 
necessary,  perhaps,  but  for  the  information  of 
the  Convention  I  will  stale  that  the  condition 
of  affairs  is  just  this  :  The  Judicial  Article, 
and  the  Article  on  Amendments,  are  in  the 
hands  of  Mr.  Van  Winkle,  the  Enrolling  Clerk, 
who  assures  me  that  they  will  be  done  by  this 


evening,  so  that  wo  can  finish  up  to-night.  The 
article  entitled  Schedule  has  been  placed  in 
the  hands  of  one  of  the  clerks  of  the  Secretary 
of  th(>  Territory,  who  lias  given  a  i)ortion  to 
another  clcik,  and  tlicy  will  have  that  article 
completed  also  in  good  season.  I  notified  two 
of  the  nu'm))ers  of  the  ("ommitte<'  on  Enroll- 
ment to  meet  me  here  tliis  morning,  for  the  pur- 
pose of  comparing  the  enrolled  articles,  but  I 
am  sorry  to  say  that  they  were  not  here  in  time. 
One  of  them  came  in  at  a  (puirter  before  nine 
o'clock,  too  lute  to  commence  rending,  and  the 
other  was  detained  till  after  the  roll  eali.  At 
the  proper  time  I  propose  to  make  ;i  motion, 
though  it  may  be  a  little  irregular,  that  the 
Convention  resolve  itself  informally  into  an 
enrolling  committee,  then  let  tlx'  Secnjtary 
read  the  engrossed  articles,  and  we  can  com- 
pare them  as  read  with  the  enrolled  articles. 

The  PRESIDENT.  That  motion  can  l)e  en- 
tertained after  the  regular  order  of  business. 

The  regular  order  of  business,  as  pr<!scribed 
by  the  rules,  was  called  through,  but  no  busi- 
ness arose  thereunder. 

FINAL   REVISION. 

Mr.  HAWLEY.  I  will  suggest  that  we  now 
proceed  with  the  final  reading  and  revision  of 
the  Constitution  as  enrolled.  We  can  then  com- 
pare the  enrolled  articles  as  they  are  read,  with 
the  orignal  and  engrossed  copies. 

The  PRESIDENT.  If  there  is  no  objection 
that  course  will  be  pursued.  The  Chair  will 
suggest  to  members  of  the  Convention  that 
this  is  to  be  the  final  reading  of  the  Constitu- 
tion, and  it  is  highly  important  that  every  one 
should  give  his  individed  attention,  so  that  if 
any  errors  exist  they  may  be  corrected  at  once. 
The  Secretary  will  proceed. 

ADOPTION   OF  UNITED  STATES   CONSTITCTION. 

The  SECRETARY  first  read  the  preamble 
and  resolution,  adoi)ting  the  Constitution  of 
the  United  States,  on  behalf  of  the  people  of 
Nevada,  as  follows : 

Whereas,  The  Act  of  Congress,  aiijiroved  March 
2l8t,  1864,  "To  enablr  the  iicoplc  of  the  Ti-rritory  of 
Nevada  to  form  a  ('"ustitiiticm  and  Stati'  ^;(>\irnniont, 
and  for  the  adniissioii  dl  s>uh  State  into  the  fiiioii  on 
au  equal  looting  with  tlie  original  Statis,"  rccinircs  that 
the  nil  nibcrs  of  the  Convention  for  framing  said  Con- 
stitution sliall,  after  organization,  on  In-half  of  the  peo- 
ple of  said  Territory,  adopt  the  Constitution  of  the 
United  States  ;  therefore,  be  it 

liesolved.  That  the  members  of  this  Convention, 
elected  by  the  authority  of  the  aforesaid  Enabling  Act 
of  Congress,  assembled  in  Carson  City,  tlie  Capital  of 
said  Territory  of  Nevada,  and  immediately  subsequent 
to  its  organization,  do  adopt,  on  behalf  of  the  people 
of  said  Territory,  the  Constitution  of  the  United  States. 

No  correction  or  amendment  was  proposed. 

ORDINANCE   PROHIBITING   SLAVERY,   ETC. 

The  SECRETARY  next  read  the  Ordinance 
relative  to  slavery,  religious  toleration,  and  the 
public  lands,  as  follows  : 

ORDINANCF.. 

In  obedience  to  the  requirements  of  an  Act  of  the 
Congress  of  the  United  States,  approved  March  twenty- 


780 


ORDINANCE  AGAINST  SLAVERY,  ETC.         [21st  day 


Wednesday,]  Hawley— Collins— Banks— Warwick— Frizell—Brosnan—Tagliabue.  [July  27. 


first,  A.  D.  1864,  to  enable  the  people  of  Nevada  to  form 
a  Constitution  and  State  goveruuieut,  this  Convention 
electi'd  and  conviiied  in  obedience  to  said  Enabling 
Act.  do  ordain  as  follows,  and  this  ordinance  shall  be 
irrevocable,  without  the  consent  of  the  United  States 
and  thi-  people  of  the  State  of  Nevada  : 

Fiisl.  That  there  shall  be,  in  this  State,  (the  said 
State  of  Nevada.)  neither  slavery  nor  involuntary 
8er\'itude,  otherwise  than  in  the  punishment  for 
crime,  whereof  the  party  shall  have  been  duly  con- 
victed. 

Second,  That  perfect  toleration  of  religious  senti- 
ment shall  be  secured,  and  no  inhabitant  of  said  State 
shall  ever  be  molested  in  j^erson  or  i^roiierty,  on  ac- 
count of  his  or  her  mode  of  rehgious  worship. 

Third,  That  the  people  inhabiting  said  Territory  do 
agree  and  declare  that  they  forever  disclaim  aU  right 
and  title  to  the  imapprojjriated  public  lands  lying 
within  said  Territory,  and  that  the  same  shall  be  and 
remain  at  the  sole  and  entire  disposition  of  the  United 
States;  and  that  the  lands  belcmging  to  citizens  of  the 
United  States,  residing  witliDiit  the  said  State,  shall 
never  be  taxed  higher  than  the  land  belonging  to 
residents  thereof  ;  and  that  no  taxes  shall  bo  imposed 
by  said  State,  on  lands  or  property  therein,  belonging 
to,  or  which  may  hereafter  be  purchased  by  the  United 
States. 

Mr.  HAWLEY.  Has  not  the  word  "  Terri- 
tory ■■  bei'u  left  out  of  that  preamble  ?  It  says 
''  To  enable  the  people  of  Nevada."  I  think  it 
should  read  "  To  enable  the  people  of  Nevada 
Territory." 

Mr.  COLLINS.  I  think  it  was  so  written,  in 
the  original. 

The  PRESIDENT.  It  is  certainly  a  very 
proper  amendinent,  and  it  can  be  made  by 
unanimous  consent. 

Mr.  HAWLEY'.  I  will  move  to  insert  after 
"  Nevada '"  the  word  "  Territory." 

The  PRESIDENT.  If  there  is  no  objection 
the  amendment  will  be  considered  as  adopted. 

Mr.  RANKS.  The  language,  as  it  now  reads, 
is  the  same  as  in  the  title  of  the  Enabling  Act, 
as  gentlemen  will  Bud  by  comparing  the  two. 
The  title  of  the  Enabling  Act  reads  thus  :  "  An 
Act  to  enable  the  people  of  Nevada  to  form  a 
Constitution  and  State  Government,  and  for 
the  admission  of  such  State  into  the  Union  on 
an  e(|ual  footing  with  the  original  States."  I 
think  the  wording  is  correct  now. 

The  PRESIDENT.  My  imi)ression  is,  that 
the  gentleman  from  Humltoldt  (Mr.  Banks)  is 
correct.  Necessarily  the  Ordinance  follows  the 
language  of  the  Enaliling  Act. 

Mr.  HAWLEY.     I  withdraw  the  amendment. 

Mr.  WARWICK.  Is  tliat  parenthesis  neces- 
sary in  the  first  paragrajih  following  the  pre- 
amble? Would  it  not  read  l)etter  and  plainer 
to  say,  "  There  shall  be  in  the  State  of  Nevada 
neither  slavery  nor  involuntary  servitude," 
etc.? 

Mr.  BANKS.  The  words  "in  this  State," 
seem  to  be  superfluous.  It  should  read,  "  there 
shall  be  in  the  said  .State  of  Ne\aila." 

Mr.  KltlZLLL.  I  think  you  will  lind  that  the 
same  language  has  been  used  in  every  State 
where  slavery  has  been  prohiltited. 

Mr.  WARWICK.  Those  words,  "the  said 
State  of  Nevada,"  seem  to  have  been  thrown 
in  as  a  parenthesis,  and  are  altogether  unne- 
cessary. 


Mr.  BROSNAN.  I  certainly  think  they  are 
not  necessary. 

Mr.  WARWICK.  I  move  that  those  words 
be  stricken  out.  including  the  parenthesis. 

Mr.  COLLINS.  Those  words  were  not  in  the 
original  ;  they  have  been  incorporated  by  the 
engrossing  clerk.  I  second  the  motion  to  strike 
out,  because  the  words  were  never  placed  there 
by  the  Convention. 

The  SECRETARY.  They  were  inserted  by  a 
motion  to  amend,  I  think. 

The  (luestion  was  taken  on  the  amendment 
offered  by  Mr.  Warwick,  and  Messrs.  Banks 
and  Tagliabue  voted  no. 

Mr.  BANKS.  I  withdraw  my  objection  out 
of  deference  to  the  majority. 

Mr.  TAGLIABUE.  "l  would  have  no  objec- 
tion, but  we  must  copy  the  Enabling  Act. 

Mr.  WARWICK.  Allow  me  to  suggest 
that  this  is  not  copied  from  the  Enabling  Act. 
We  desire  to  strike  out  the  words  "  the  said 
State  oi  Nevada,"  simply  becaiise  they  are  en- 
tirely superfluous. 

Mr.  TAGLIABUE.  I  withdraw  my  objec- 
tion. 

Mr.  BANKS.  I  am  very  well  satisfied  that 
those  words  were  read  in  the  original,  when 
the  ordinance  was  first  introduced,  whether 
they  were  contained  in  the  original  copy  or 
not.  I  presume  that  it  was  so  written,  for  I  re- 
memlier  distinctly  that  it  was  read — "There 
shall  be  in  the  said  State  of  Nevada,"  and  that 
appears  to  me  the  better  reading.  I  do  not 
wish  to  make  any  change  unless  it  is  obviously 
necessary,  but  if  we  are  going  to  change  the 
language  at  all,  let  us  make  the  language  ex- 
actly correct.  I  propose,  therefore,  that  we 
retain  the  word  "  said."  and  let  it  read  :  "  There 
shall  be  in  the  said  State  of  Nevada." 

The  PRESIDENT.  I  think  "this  State" 
would  read  better  than  "  the  said  State  of  Ne- 
vada." 

Mr.  BANKS.  I  shall  take  it  upon  myself, 
whenever  I  consider  that  a  proposed  change  is 
wrong,  to  vote  against  it,  yet  in  this  case  I  do 
not  know  that  it  is  material. 

The  SECRETARY.  I  have  the  original  copy, 
as  introduced  by  the  gentleman  from  Storey, 
(Mr.  Collins.)  It  reads,  as  engrossed— "  There 
shall  be  iu  this  State,  the  said  State  of  Nevada." 

Mr.  BANICS.  The  Committee  on  Phraseology 
did  not  strike  out  that  language,  though  that 
committee  had  full  knowledge  of  its  existence. 

Mr.  TAGLIABUE.  The  Committee  on  Phmse- 
ology  still  think  it  is  right. 

The  question  was  again  taken  on  the  amend- 
ment offered  by  Mr.  Warwick,  and  it  was  agreed 
to  by  luianimous  consent. 

DECLARATION   OF   RIGHTS. 

The  Convention  next  took  up  the  Preamble, 
and  Article  I,  entitled  Declaration  of  Rights. 

The  SECRETARY  read  the  Preamble,  and 
Sections  1  and  2  of  Article  I,  as  follows  : 

PREAMBLE. 

We,  the  people  of  the  State  of  Nevada,  grateful  to 


21st  day.] 


DECLARATION  OF  RIGHTS. 


781 


Wednesday,]  President— Brosnan—Chapin— Banks— Collins— Lockwood. 


[July  27. 


Almighty  God  for  our  freedom,  in  order  to  secure  its 
blessings,  insure  domestic  tranquility,  and  form  a 
more  perfect  Government,  do  establish  this  Constitu- 
tion. 

AKTICLE  I. 

DECLAEATION   OF  EIGHTS. 

Section  1.  All  men  are  by  nature  free  and  equal, 
and  have  certain  inalienable  rights,  among  which  arc 
those  of  enjoying  and  defending  life  and  liberty  ;  ac- 
quiring, possessing  and  protecting  property;  and  pur- 
suing and  obtaining  safety  and  happiness. 

Sec.  2.  All  political  power  is  inherent  in  the  people. 
Government  is  instituted  for  the  protection,  security, 
and  benefit  of  the  jjeople ;  and  they  have  the  right  to 
alter  or  reform  the  same  whenever  the  pubhc  good 
may  require  it.  But  the  xjaramouut  allegiance  of  every 
citizen  is  due  to  the  Federal  Government,  in  the  exer- 
cise of  all  its  Constitutional  i)owers,  as  the  same  have 
been  or  may  be  defined  by  the  Federal  Judiciary;  and 
no  power  exists  in  the  jieople  of  this  or  auj-  other  State 
of  the  Federal  Union  to  dissolve  their  connection  there- 
with, or  perform  any  act  tending  to  imiiair,  siibvert,  or 
resist  the  supreme  authority  of  the  Goverunient  of  the 
United  States.  The  Constitution  of  the  Uuited  States 
confers  full  power  on  the  Federal  Government  to 
maintain  and  periietuate  its  existence,  and  whensoever 
any  portion  of  the  States,  or  people  thereof,  attempt 
to  "secede  from  the  Federal  Uuiou,  or  forcibly  resist 
the  execution  of  its  laws,  the  Federal  Government  may, 
by  warrant  of  the  Constitution,  emijloy  armed  force  in 
compelling  obedience  to  its  authority. 

The  PRESIDENT.  My  recollection  is  that 
an  amendment  has  been  adopted  in  Section  2 
which  does  not  appear  in  the  copy  before  us. 
On  motion  of  the  gentleman  from  Storey  (Mr. 
Brosnan),  I  think,  the  words  "  benefit  of  the 
people,"  in  the  first  clause,  were  stricken  out. 
and  other  words  adopted. 

Mr.  BROSNAN.  I  recollect  of  sending  up 
an  amendment  of  that  character,  but  whether 
it  was  adopted  or  not  I  cannot  say. 

Mr.  CHAPIN.  I  think  it  was  not  changed. 
I  have  no  memorandum  of  it. 

The  PRESIDENT.  Very  well ;  the  Secretary 
will  proceed  with  the  reading. 

Mr.  BANKS.  There  is  one  term  made  use  of 
in  the  section  last  read,  to  which  I  have  always 
been  very  much  opposed,  and  which  I  would 
like  to  have  changed  at  this  time.  I  refer  to 
the  phrase  "  as  the  same  have  been  or  may  be 
defined  by  the  Federal  Judiciary."  It  seems 
to  me  it  would  be  nmch  better  to  say  "  the 
Supreme  Court  of  the  United  States."  That 
would  be  more  direct,  and  plainer,  and  we 
know  very  well  that  the  judiciary,  and  the 
courts,  are  not  necessarily  the  same  in  all  cases, 
for  sometimes  an  act  may  be  a  judicial  act 
without  being  the  act  of  a  court.  I  do  not 
know  that  it  would  make  any  material  differ- 
ence in  point  of  fact,  but  I  nevertheless  much 
prefer  to  use  the  direct  term, ''  the  Supreme 
Court  ;•'  and  therefore,  I  move  to  make  that 
change  in  Section  2,  striking  out  the  words 
"  Federal  Judiciary,''  and  inserting  instead  the 
words  "Supreme  Court  of  the  United  States." 

The  PRESIDENT.  The  amendment  propo.sed 
is  certainly  proper,  because  there  are  different 
United  States  Courts  ;  for  instance,  the  District 
and  Circuit  Courts,  which  are  distinctive  parts 
of  the  Federil  Judiciary. 

Mr.  COLLINS.  I  think  that  change  should 
be  made. 


Mr.  LOCKWOOD.  If  my  memory  serves  me 
correctly,  the  same  changii  has  once  been  pro- 
posed, and  rejected. 

Mr.  BANKS.  No,  sir.  I  had  offered  an  amend- 
ment to  this  .section,  and  accepted  the  amend- 
ment to  my  ameiulmeiit  suggested  by  the  gen- 
tleman from  Storey  (.Mr.  Filrli.)  which  eml)raced 
this  term  •'Federal  Judiciary,"  l)ut  it  will  be 
remembered  that  there  was  at  that  time  some 
considerable  feeling  in  regard  to  the  doctrine 
or  principle  to  be  enunciated  by  the  section, 
and  especial  attention  was  not  called  to  the 
particular  phraseology  employed. 

The  PRKSIl )lv\T.  My  recollection  coincides 
w'ith  that  of  the  gentleman  from  Humboldt  (Mr. 
Banks.)  The  \vords  referred  to  were  adopted 
by  the  Convention,  as  an  amendment  to  the 
original  section. 

Mr.  LOCKWOOD.  I  think  the  gentleman 
from  Humboldt  concurs  with  me  entirely,  so 
far.  The  change  of  the  term  was  sultsecjuently 
proposed  ;  I  think  the  motion  came  from  me, 
although  I  am  not  altogether  certain  of  that ; 
at  all  events  the  change  was  proposed,  and  re- 
jected. 

Mr.  BANKS.  The  history  of  the  matter  was 
this  :  I  had  proposed  an  amendment  to  change 
the  original  section,  but  my  amendment  did 
not  embrace  the  full  extent  of  the  change  which 
was  finally  made.  Then  the  gentleman  from 
Storey  (Mr.  Fitch)  jjroposed  his  amendment, 
which  covered  more  ground  than  mine,  and 
although  the  terms  of  his  amendment  did  not 
suit  me  altogether,  yet  as  I  approved  generally 
of  the  object  it  had  in  view,  and  saw  that  ft 
would  meet  with  the  approval  of  the  majority, 
I  accepted  his  amendment. 

Mr.  BROSNAN.  My  recollection  is  entirely 
in  harmony  with  that  of  the  gentleman  from 
Humboldt.  ^\'e  had  some  conversation  on  the 
subject  matter,  in  regard  to  which,  at  the  time, 
a  good  deal  of  feeling  was  manifested,  and  it 
was  my  understanding  that  altluuigh  the  gen- 
tleman trom  Humboldt  accepted  the  amend- 
ment offered  by  my  colleague,  (Mr.  Fitch.)  yet 
he  did  not  prefer  to  use  that  particular  lan- 
guage. I  know  that  he  did  entertain  and  ex- 
press the  opinion,  at  the  time,  that  the  term 
"  Federal  Judiciary"  was  too  indefinite,  or  at 
all  events  not  the  best  term  to  u.se,  perhaps, 
but  in  consequence,  it  may  be.  of  the  feeling 
existing  relative  to  the  general  subject  matter, 
an  amendment  was  not  pro2)osed,  though  it  was 
talked  of. 

The  amendment  projiosed  by  Mr.  Banks,  was 
adopted  by  unanimous  consent. 

The  SECRETAIiV  read  Sections  3  to  6,  in- 
clusive, as  follows  : 

Sec.  3.  The  right  of  trial  by  jury  shall  bo  secured 
to  all,  and  remain  inviolate  forever  ;  but  a  jury  trial 
may  be  waived  l)y  the  parties  in  all  civil  cases,  in  the 
manner  to  Ije  priscribed  by  law  ;  and  in  civil  cases,  if 
three-foiu'tlis  of  the  jurors  agree  »ipon  a  verdict,  it 
shall  stand  and  have  the  same  force  and  ert'ert  as  a  ver- 
dict by  the  wliole  jury  ;  provided,  the  Legislature,  by 
a  law  i)assed  by  a  two-thirds  vote  of  all  the  members 
elected  to  each  branch  thereof,  may  require  a  unaui- 
mous  verdict,  notwithstanding  this  provision. 


782 


DECLARATION  OF  RIGHTS. 


[21st  day. 


Wednesday,]        Collins— Hawxey—McClinton— Banks— President— Warwick.  [July  27. 


Sec.  4.  The  free  exercise  and  enjoyment  of  relig-  ] 
ious  prt>fessii)u  and  worship,  without  discrimination 
or  pretVn  iKe.  sliall  forever  l)o  allowed  in  this  Slate  ; 
and  no  person  shall  be  rendered  incompetent  to  be  a  ] 
■witness  on  account  of  his  opinit)n  on  matters  of  relifj- 
ious  belief  ;  but  the  liberty  of  conscience  hereby  se- 
cured shall  not  be  so  construed  as  to  excuse  acts  of 
licentiousness,  or  justify  practices  inconsistent  with 
the  peace  or  safety  of  this  State. 

Sec.  ."J.  The  privilege  of  the  writ  of  habeas  corpus 
shall  not  be  suspended,  unless  when,  in  cases  of  rebel- 
lion or  invasion,  the  public  safety  may  require  its  sus- 
pension. 

Sec.  6.  Excessive  bail  shall  not  be  required,  nor 
excessive  fines  impt>sed,  nor  shall  cruel  nor  unusual 
punishment  be  inflicted,  nor  shall  witnesses  be  un- 
reasonably detained. 

Mr.  COLLINS.  I  move  to  amend  Section  6 
by  ijtrikiiig  out  the  word  "  uor,"  where  It  occurs 
before  tlie  word  •■  unusual,"  and  inserting  the 
word  •■  or  "  instead  ;  so  us  to  read :  '•  nor  shall 
cruel  or  unusual  j)unishinent  be  inflicted,''  etc. 
The  amendment  was  agreed  to  by  unanimous 
consent. 

Sections  7  and  8  were  read,  as  follows  : 

Sec.  7.  -\11  persons  shall  be  baUable  by  sufficient 
sureties  ;  unless  for  capital  ofl'enses,  when  the  proof 
is  cedent  or  the  x>resumption  t,'reat. 

Sec.  8.  No  person  shall  be  tried  for  a  capital  or 
otherwise  infamous  crime,  (except  in  cases  of  impeach- 
ment, and  in  cases  of  the  militia  when  in  actual  ser- 
vi<:e,  and  the  land  and  naval  forces  in  time  of  war,  or 
which  the  State  may  keep  with  the  consent  of  Con- 
gress in  time  of  peace,  and  in  cases  of  petit  larceny, 
under  the  regulation  of  the  Legislature,)  except  on 
presentment  or  indictment  of  a  Grand  Jury  ;  and  in 
any  trial,  in  any  court  whatever,  the  party  accused 
shall  be  allowed  to  appear  and  defend  in  person  and 
with  counsel,  as  in  civU  actions.  No  person  shall  be 
subject  to  be  twice  put  in  jeopardy  for  the  same  of- 
fense ;  nor  shall  he  be  compelled,  in  any  criminal  case, 
to  be  a  witness  against  himself,  nor  be  deprived  of  hfe, 
liberty,  or  property,  without  due  process  of  law  ;  nor 
shall  private  property  be  taken  for  public  use  without 
just  compensation  having  been  first  made  or  secured, 
except  in  cases  of  war,  riot,  fire,  or  great  public  peril, 
in  which  case  compensation  shall  be  afterwards  made. 

Mr.  HAWLEY.  It  says,  in  Section  8,  that 
"  the  party  accused  shall  l)e  allowed  to  appear 
and  defend  in  person  and  with  counsel."  I 
submit  that  nn(h'r  that  language  a  person,  how- 
ever cijnipetent,  might  not  be  permitted  to  ap- 
pear for  himself,  without  tlie  aid  of  counsel.  I 
move  to  insert  the  wonl  "  or  "  instead  of  "  and,'' 
so  as  to  read — "  in  person  or  with  connsel." 

Mr.  McCLINTOX.  I  have  no  objection  to 
the  amendment,  but  I  am  satisfied  that  the  use 
of  the  word  ••  and  "  does  not  mal<e  it  oljligatory 
upon  a  man  accused  to  empb)y  counsel. 

Mr.  iiiil  >SX.VN.     Not  at  all." 

Mr.  HANKS.     That  is  clear. 

Mr.  McCLINTON.  "Or"  would  perhaps 
read  b('tter. 

The  rUESIDENT.  Will  the  amendment  at- 
tain tiie  desired  object?  Would  not  the  Legis- 
lature then  b(!  authorized  to  jiass  a  law  jjrovid- 
ing  that,  tiiough  a  man  might  enter  ajipear- 
ance  by  counsel,  yet,  when  lie  so  apjieared,  iu' 
could  not  appear  and  defend  in  person? 

Mr.  WARWICK.  I  ol^ject  to  that  amend- 
ment. 

The  PRESIDENT.  I  think  it  is  right  as  it  is. 
It  will  not  preclude  a  party  from  cither  defend- 


ing in  person,  or  calling  in  the  assistance  of 
counsel. 

Mr.  COLLINS.  Of  course  it  is  not  obliga- 
tory uj)on  a  man  to  emplov  counsel. 

Mr.  McCLINTON-  1  think  the  language  is 
better  as  it  is.  I  do  not  want  to  be  prohibited 
from  defending  my  own  cases,  if  I  have  any,  or 
employing  such  other  counsel  as  I  see  fit.  If 
I  should  ever  be  charged  with  a  crime,  which  I 
trust  I  never  shall  be,  I  should  certainly  want 
that  privilege. 

Mr.  IJANKS.  Here  is  language  which  has 
the  sanction  of  time,  employed.  I  believe,  in 
the  Constitution  of  New  York,  or  some  of  the 
older  States. 

"  The  parties  in  Justices'  Courts  may  prosecute  and 
defend  in  person,  or  by  attorney." 

There  the  disjunctive  conjunction  is  used, 
and  I  think  that  is  the  language  in  all  cases,  in 
statutes,  and  no  question  has  arisen  upon  it. 

Mr.  HAWLEY.  I  think  my  amendment  cov- 
ers it,  and  it  is  the  usual  statutory  language.  I 
will  modify  my  amendment  a  little,  and  in 
order  to  test  the  sense  of  the  Convention,  will 
move  that  the  words  "  or  by,''  be  substituted 
for  the  words  "  and  with,"  so  as  to  read  :  "  in 
person  or  by  counsel." 

The  PRESIDENT.  "And  with"  is  used  in 
the  Constitution  of  New  York,  and  also  in  that 
of  California.  It  is  the  same  language,  exact- 
ly :  "  The  party  accused  shall  be  allowed  to 
appear  in  person  and  with  counsel." 

Mr.  BANKS.     AVell ;  let  it  go. 

Mr.  HAWLEY.  I  withdraw  the  amendment ; 
let  it  go. 

Sections  9  to  14,  inclusive,  were  read  as  fol- 
lows : 

Sec.  9.  Every  citizen  may  freely .  speak,  write,  and 
publish  his  sentiments  on  all  subjects,  being  resi)on- 
ble  for  the  abuse  of  that  right;  and  no  law  shall  be 
passed  to  restrain  or  abridge  the  liberty  of  speech  or 
of  the  press.  In  all  criminal  i)rosecution8  and  civil 
actions  for  libels,  the  truth  may  be  given  in  evidence 
to  the  jury,  and  if  it  shall  appear  to  the  jury  that  the 
matter  charged  as  libelous  is  true,  and  was  published 
with  good  motives  and  for  justifiable  ends,  the  party 
shall  be  acxjuitted  or  exonerated. 

Sec.  10.  The  people  shall  have  the  right  freely  to 
assemble  together  to  consult  for  the  common  good,  to 
instruct  tlu^ir  rei)re8entative9,  and  to  petition  the  Le- 
gislature for  redress  of  grievances. 

Sec.  11.  The  military  shall  be  subordinate  to  the 
civil  power.  No  standing  army  shall  be  maintained  by 
this  State  in  time  of  peace,  and  in  time  of  war  no  aj)- 
propriation  for  a  standing  army  shall  be  for  a  longer 
time  than  two  years. 

Sec.  12.  No  soldier  shall,  in  time  of  peace,  be  quar- 
tered in  any  house  without  the  consent  of  the  owner, 
nor  in  time  of  war  except  iu  the  manner  to  be  pre- 
scribed by  law. 

Sec.  i;i.  Keijresentation  shall  be  apportioned  ac- 
cording to  population. 

Sec.  14.  The  privilege  of  the  debtor  to  enjoy  the 
necessary  comforts  of  life  shall  be  recognized  by  whole- 
some latvs,  exempting  a  reasonable  amount  of  property 
from  seizure  or  sale  for  payment  of  any  debts  or  lia- 
bilities hereafter  contracted ;  and  there  shall  be  no  im- 
l)risonnn'nt  for  debt,  excr:pt  in  cases  of  fraud,  libel,  or 
slander,  and  no  person  shall  be  imiirisoned  for  a  mili- 
tia tine  in  time  of  peace. 

Mr.  McCLINTON.    I  can  hardly  see  the  con- 


21st  day.] 


DECLARATION  OF  RIGHTS. 


783 


Wednesday,]      Brosnan — McClinton— Kennedy— Ba^jks— Warwick— Kinkead,  etc.      [July  27. 


nection,  in  the  section  last  read,  between  libel 
or  slander,  and  imprisonment  for  debt. 

Mr.  BROSNAN.  Suppose  you  get  a  judg- 
ment in  a  suit  brought  for  slander — is  it  not  a 
debt?  Does  not  your  judgment  constitute  a 
debt? 

Mr.  McCLINTON.    It  may  be  so. 

Sections  15,  16,  and  17,  were  read  as  follows  : 

Sec.  15.  No  bill  of  attainder,  ex  post  facto  law,  or 
law  imijairiug  the  obligation  of  contracts,  shall  ever 
be  passed. 

Sec.  16.  Foreigners  who  are,  or  who  may  hereafter 
become,  bona  fide  residents  of  this  State,  shall  enjoy 
the  same  rights,  in  respect  to  the  possession,  enjoy- 
ment, and  inheritance  of  property,  as  native-born  cit- 
izens. 

Sec.  17.  Neither  slavery  nor  involuntary  servitude, 
unless  for  the  punishment  of  crimes,  shall  ever  be 
tolerated  in  this  State. 

Mr.  KENNEDY.  Would  it  not  be  better,  in 
the  section  last  read,  to  use  the  singular  num- 
ber, and  say  "crime,"  instead  of  "crimes?'' 
Might  not  the  plural  form  convey  the  idea  that 
a  man  must  commit  more  than  one  crime  be- 
fore he  can  be  subjected  to  involuntary  servi- 
tude? 

Mr.  BANKS.  It  is  the  language  of  the  Cali- 
fornia Constitution  ;  the  word  "  crimes"  is  there 
used. 

Mr.  BROSNAN.  I  think  "  crime  "  would  be 
an  improvement. 

Mr.  KENNEDY.  It  seems  to  me  it  would 
read  better  in  the  singular  number,  but  I  do 
not  know  that  it  makes  much  difterence. 

Mr.  WARWICK.  I  suggest  that,  inasmuch  as 
it  is  no  positive  improvement  in  the  language, 
no  alteration  should  be  made. 

Mr.  BROSNAN.  My  impression  is,  that 
"  crime"  is  the  better  word  to  use  there. 

The  PRESIDENT.  It  now  reads  in  the  exact 
words  of  the  California  Constitution,  and  if  U 
has  been  the  subject  of  judicial  investigation  in 
that  State,  by  retaining  the  same  language  we 
have  the  advantage  of  adopting  with  it  such 
interpretation  as  has  been  given  to  it  in  that 
State. 

Mr.  KENNEDY.  I  inquire  if  it  has  been  the 
subject  of  judicial  interpretation?  I  do  not 
think  the  question  ever  arose. 

Mr.  WARWICK.  Does  the  President  think 
there  is  any  impropriety  in  the  language  as  it 
stands  ? 

The  PRESIDENT.    I  do  not. 

Mr.  BROSNAN.    It  is  well  enough  as  it  is. 

Section  18  was  read,  as  follows  : 

Sec.  18.  The  right  of  the  people  to  be  secure  in 
their  persons,  houses,  papers,  and  effects,  against  un- 
reasonable seizures  and  searches,  shall  not  be  violated ; 
and  no  warrant  shall  issue  but  on  probable  cause,  sup- 
ported by  oath  or  "affirmation,  particularly  describing 
the  place  to  be  searched,  and  the  persons  and  things 
to  be  seized. 

Mr.  KINKEAD.  I  suggest  that  that  be  amend- 
ed so  as  to  read  :  "  particularly  describing  the 
place  or  places."  There  may  be  several  places 
to  be  searched. 

Mr.  DeLONG.  I  second  the  amendment  pro- 
posed by  the  gentleman  from  Ormsby. 

Mr.  WARWICK.    I  will  object,  for  the  sake 


of  avoiding  trouble.  I  think  when  a  person 
describes  the  place  to  l)e  searched,  lu'  will  of 
course  describe  all  the  places  suspected.  The 
word  "  place,"  in  that  connection,  stands  for 
the  i)lural  as  well  as  the  singular.  lie  must 
describe  the  place  where  the  property  is  sup- 
posed to  be,  and  if  he  does  not  know  anything 
of  its  whereabouts,  he  must  describe  all  the 
places  where  he  thinks  it  is  likely  to  ))e  found. 

Mr.  LOCKWOOD.  The  words  "  i)ersons." 
and  "  things,"  are  in  the  plural,  and  I  think 
"  place"  should  be  changed  to  the  plural  form 
also.  I  think  it  would  bo  just  as  correct  to  say 
"  person  and  thing  to  be  seized,"  as  "  place  to 
be  searched." 

The  PRESIDENT.  The  same  language  oc- 
curs in  the  California  Constitution. 

Mr.  WARWICK.  We  can  then  with  great 
propriety  adopt  the  same  language.  My  objec- 
tion is  to  amending  the  enrolled  article,  and  I 
think  it  ought  not  to  be  done,  in  any  case,  un- 
less the  amendment  is  aljsolutely  necessary.  It 
seems  to  me  very  plain,  that  in  descrilMiig  the 
place  to  be  searched,  a  man  niigiit  mention  one 
place  in  Carson,  another  in  Virginia  City,  and 
so  on. 

Mr.  LOCKWOOD.  The  article  need  not  be 
re-enrolled  in  order  to  make  the  word  plural ; 
the  letter  s  can  be  placed  at  the  end  of  the 
word. 

Mr.  DeLONG.  I  think  this  language  might 
be  held  to  allow  only  one  place  to  be  searched 
on  one  complaint,  and  if  I  were  on  the  bench, 
I  should  hesitate  to  grant  a  warrant  for  search- 
ing more  than  one  place,  on  one  affidavit. 

Mr.  PARKER.  You  might  describe  the  place 
to  be  searched  by  a  general  term,  so  that  you 
could  search  all  the  places  in  one  village. 

Mr.  DeLONG.  But  you  would  not  want  to 
search  the  whole  city  of  Carson,  tor  example, 
but  only  the  premises  of  one  man  who  might 
be  suspected,  and  that  man  iiiiglit  Jiave  a  house 
in  Carson,  and  another  in  Washoe,  or  else- 
where. I  think  the  amendment  should  be 
made,  for,  as  it  stands,  if  you  search  the  hou.se 
of  the  suspected  person  in  Carson,  you  exhaust 
your  right. 

The  PRESIDENT.  I  think  the  question  could 
only  arise  in  case  of  ol)jection  bi'ing  made  to 
the  right  of  searching  ditterent  places. 

Mr.  LOCKWOOD.  The  jjlace  might  be  "  par- 
ticularly described,"  and  still  include  several 
localities.  No  difficulty  has  arisen  in  Califor- 
nia, that  I  am  aware  oV,  under  that  language. 
I  have  no  objection,  however,  to  puttting  an  s 
after  the  word  "  place." 

Mr.  BROSNAN.  I  should  object  to  that,  cer- 
tainly. 

Mr.  McCLINTON.  It  should  read,  "  place  or 
places." 

Mr.  LOCKWOOD.  Only  one  word  further.  I 
may  be  wrong,  1  know,  as  I  fretiueiitly  am,  but 
it  seems  to  me  in  that  portion  referring  to  per- 
sons, although  we  use  tiu'  plural  form,  it  would 
nevertheless  clearly  refer  to  one  single  jjcrson. 
This  is  our  Declaration  of  Rights,  and  when  we 


f84 


DECLARATION  OF  RIGHTS. 


[21st  day. 


Wednesday.]  President— Brosnan — Kinkead — Lockwood — McClinton — DeLong,  etc.  [July  27. 


assert  any  right  for  the  mass  of  the  people,  such 
right  inuri's  to  every  single  inaivid\uvl. 

The  PKlv'^lDKNT.  In  my  judgment,  the 
language  is  nol  susceptible  of  any  miscon- 
struotiou. 

Mr.  BUOSNAN.  An  assault,  or  a  fight  may 
take  idaeo  in  a  drinking  saloon,  for  instance, 
and  thore  may  be  several  ptu'sons  engaged  in 
the  fight.  Then  it  is  only  necessary  to  describe 
one  place,  but  it  seems  to  me  that  we  should 
say  ••  person  or  pi-rsons."  Each  person  nuist 
be  described,  wlictlicr  there  be  one  or  more, 
though  there  may  be  but  one  place.  I  do  not 
see  any  difficulty  in  reference  to  the  word 
''  place!"  for  when  anything  is  supposed  to  have 
been  hidden  away,  if' necessary  several  places 
may  be  described  iu  one  complaint  ;  because  it 
would  be  necessary  to  make  search  in  each  of 
the  suspected  places. 

Mr.  KIXKEAD.  I  ask  for  the  question  on 
my  motion  to  insert  after  "  place,"'  the  words 
"  or  places." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

The  PlvE.SIDENT.  Now  I  submit  whether, 
in  conformity  to  this  amendment,  we  should 
not  also  adopt  the  singular  form  preceding 
the  words  '•  persons,"  and  '■  things."  .\s  we 
have  changed  the  language  of  the  Constitution 
of  California  in  the  one  particular,  I  think  we 
had  better  carry  out  the  same  idea  throughout 
the  entire  provision. 

Jlr.  LOCKWOOD.  Then  it  will  read  :  "  per- 
son or  persons,  and  thing  or  things." 

Mr.  BUOSNAN.  Ves,  sir ;  that  is  just  as 
necessary  as  the  other  amendment  was. 

Mr.  LOCKWOOD.  I  think  it  is  all  unneces- 
sary, and  that  was  the  reason  1  opposed  the 
first  amendment. 

Mr.  MiCLlXTOX.  I  think  Ave  can  obviate 
the  objection  to  pluralizing  the  word  '•  things," 
by  using  the  term  "property."  That  would 
cover  everything  to  be  seized.  Then  it  would 
read  :  "  describing  the  place  or  places  to  be 
searched,  and  the  person  or  persons  and  prop- 
erty to  be  seized."  It  appears  to  me  that  we 
ought  to  make  that  change  in  order  to  carry  out 
the  idea  of  tlie  amenilment  just  adopted. 

The  PRESIDENT.  That  might  occasion  dis- 
cussions as  to  what  shall  be  deemed  property, 
such  as  arose  in  oiu-  Convention  when  the  arti- 
cle on  Taxation  was  nnder  consideration. 

Mr.  DeLONG.  There  is  no  danger  in  regard 
to  descrilung  a  mining  claim  under  that  provi- 
sion. 

Mr.  M(CLINT0N.  I  think  not.  and  I  will 
make  a  motion  to  amend  the  section  so  as  to 
read  in  that  nuinner. 

Mr.  KENNEDY.  I  object  to  changing  the 
word  '•  things"'  to  "  property,"  I  think  it  would 
create  ditliculty. 

Mr.  DkLCJNG.  I  ask  for  a  division  of  the 
(piestion. 

Tlie  (pu'stion  was  taken  on  the  first  part  of 
the  amendment  proi)osed  l)y  Mr.  McClinton,  to 
insert  ••  jierson  or'"  before  tlie  word  "  persons,'" 
and  it  was  unanimously  agreed  to. 


The  PRESIDENT.  The  question  now  is  on 
substituting  the  word  "  property"  in  the  place 
of  '•  things." 

Mr.  KENNEDY.  I  object,  because  there  may 
be  things  to  be  seized  which  may  not  be  prop- 
erty. 

Mr.  PARKER.  Suppose  you  want  to  seize  a 
dog  ;  that  it  is  not  property,  I  believe. 

Mr.  DkLONG.     It  is  a  chattel-real,  perhaps. 

Mr.  McClinton.  I  do  not  know  what  thing 
there  is  on  earth,  liable  to  be  searched  for  and 
seized,  that  would  not  be  property. 

Mr.  BANKS.  In  some  States,  dogs  are  not 
recognized  as  propertj'.  and  yet  they  are  things 
which  it  may  be  desirable  to  search  for. 

Mr.  LOCKWOOD.  Can  you  get  out  a  search 
warrant  for  anything  that  is  not  property  ? 

Mr.  DkL()N(J.  1  would  like  to  ask  where  it 
is  that  dogs  are  not  property  ?  Blackstone  says 
that  all  things  in  the  world  are  property,  lie 
divides  property  into  Jibsolute,  and  qualified 
property.  Absolute  property  is  that  which  a 
man  owns,  and  includes  the  domestic  animals, 
as  the  horse.  Qualified  property  includes  mid 
and  untamed  animals,  such  as  deer — 

Mr.  AVARWICK.  AVill  the  gentleman  allow 
me  to  ask  him  if  ever,  during  his  practice,  since 
his  admission  to  the  bar,  he  has  known  of  a 
case  where  dogs  were  not  recognized  as  prop- 
erty ? 

Mr.  DeLONG.  The  gentleman  does  not  get 
my  idea.  Though  they  may  not  be  absolute 
property,  so  that  you  could  sue  and  recover  for 
a  dog  if  it  were  killed,  still,  that  they  are  quali- 
fied property  there  can  be  no  doubt. 

Mr.  BROSNAN.  If  they  were  not  property, 
a  man  could  not  be  prosecuted  for  the  larceny 
of  a  dog,  and  consequently  there  would  be  no 
occasion  for  a  search  wan-ant. 

Mr.  McCLINTON.  Why  not  insert  the  words 
"  property  or,"  before  the  word  "  things,"  in 
order  to  obviate  the  difficulty  as  to  what  con- 
stitutes property.  I  am  not  "  tenacious,"  how- 
ever, if  I  do  rei)rosent  Esmeralda  County. 
[Merriment.]  I  will  vary  my  amendment  so  as 
to  make  it  read  "  thing  or  things." 

The  question  was  taken   on  the  amendment 
as  modified,  and.  there  ))eing  objection,  it  was 
not  agreed  to. 
Sections  19  and  20  were  read,  as  follows  : 

Sec.  19.  Treason  ii^j.iinst  thn  State  sliall  consist  only 
in  levying  war  against  it.  adhcrint;  to  its  enemies,  or 
giving  them  aid  and  comfort.  No  person  shall  lie  con- 
vietod  of  treason  unless  on  the  testimony  of  two  wit- 
nesses to  the  same  overt  act,  or  ou  confession  in  oi^en 
court. 

Sec.  20.  This  enumeration  of  rights  shall  not  be 
construed  to  impair  or  deny  others  retained  by  the 
people. 

Mr.  BANKS.  I  think  the  changes  made  in 
Section  18  were  not  recpiired,  but  inasmuch  as 
we  have  adopted  them,  for  the  sake  of  harmony 
and  consistency  in  the  section,  I  would  like  to 
have  the  words  "  thing  or"  in.serted,  as  pro- 
l)osed  by  the  gentleman  from  Esmeralda,  (Mr. 
McClinton.) 

Mr.  BROSNAN.  Yes  ;  let  us  now  make  that 
change  also. 


21st  daj.] 


RIGHT  OF  SUFFRAGE. 


785 


Wednesday,] 


President— McClinton— Banks— Collins— Bbosnan. 


[July  27. 


The  PRESIDENT.  It  is  certainly  necessary, 
so  as  to  make  the  language  contonu  to  that 
which  precedes  it. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  McCLINTON.  If  there  are  some  things 
that  are  not  property,  I  do  not  see  that  there 
would  be  anything  unreasonable  in  making  a 
further  amendment,  in  the  first  clause.  In  or- 
der to  conform  to  the  balance  of  the  section, 
we  might  let  it  read  in  this  wise  :  "  The  right 
of  the  people  to  be  secure  in  their  persons, 
houses,  pj,pers,  effects  and  things."  [Laughter.] 

RIGHT    OF   SUFFRAGE. 

The  Convention  proceeded  with  the  final  read- 
ing of  Article  II,  entitled  Right  of  Suffrage. 
The  SECRETARY  read  Section  1,  as  follows  : 

Section  1.  Every  white  male  citizen  of  the  Uuited 
States  (not  laboring  under  the  disabilities  named  in 
this  Constitution)  of  the  age  of  twenty-one  years  and 
upwards,  who  shall  have  actually  resided  in  the  State 
six  months,  and  in  the  district  or  county  thirty  days 
next  preceding  any  election,  shall  be  entitled  to  vote 
for  all  officers  that  now  are  or  hereafter  may  be  elected 
by  the  people,  and  upon  all  questions  submitted  to  the 
electors  at  such  election. 

Mr.  BANKS.  During  the  consideration  of 
this  article,  on  its  passage,  and  after  the  adop- 
tion of  the  amendment  on  my  motion,  inserting 
the  word  "  actually  "  before  '•  resided,"  I  heard 
objections  raised  by  several  gentlemen  who 
thought  that  word  did  not  fully  cover  the 
ground.  I  was  not  quite  satisfied  with  it,  at  the 
time,  and  it  was  suggested,  I  think  by  the 
chairman  of  the  Judiciary  Committee,  (Mr. 
Brosnan,)  or  at  any  rate  by  some  one,  that  the 
words  •'  and  not  constructively,''  should  be  in- 
serted after  ■•  actually."  In  accordance  with 
that  suggestion.  I  will  now  move  to  insert  the 
words  "  and  not  constructively,"  so  as  to  read  : 
'■  who  shall  have  actually,  and  not  construc- 
tively, resided  in  the  State  six  months,"  etc. 
That  will  certainly  remove  all  doubts  in  regard 
to  the  matter. 

The  amendment  was  adopted  by  unanimous 
consent. 

Section  2  was  read,  as  follows  : 

Sec.  2.  No  person  who  has  been  or  may  be  convict- 
ed of  treason  or  felony,  in  any  State  or  Territory  of 
the  Uuited  States,  unless  restored  to  civil  rights,  and 
no  person  who,  after  arriving  at  the  age  of  eighteen 
years,  shall  have  voluntarily  borne  arms  against  the 
United  States,  or  held  civil  or  military  office  under  the 
so-called  Confederate  States,  or  either  of  them,  unless 
an  aniTiesty  be  granted  to  such  by  the  Federal  Govern- 
ment, and  no  idiot  or  insane  person,  shall  be  entitled 
to  the  privilege  of  an  elector. 

Mr.  COLLINS.-  I  suggest  whether  it  would 
not  be  an  improvement  to  make  this  section  a 
proviso  added  to  Section  1,  instead  of  a  separ- 
ate section.  It  appears  to  be  of  the  nature  of 
a  qualification  of  Section  1,  and  I  will  move  to 
strike  out  Section  2,  and  in.sert  "provided  that," 
the  section  then  to  run  on  as  a  part  of  Section  1. 

The  amendment  was  agreed  to  by  unanimous 
consent.  Sections  2  and  3  (as  renumbered)  were 
read,  as  follows  : 

A  24 


Sec.  2.  For  the  purpose  of  voting,  no  person  shall 
be  deemed  to  have  gained  or  lost  a  residence  by  reason 
of  his  presence  or  absence  while  employed  in  the  ser- 
vice of  the  United  SUites,  nor  while  engaged  in  the 
navigation  of  the  waters  of  the  United  States,  or  of  the 
high  seas  ;  nor  while  a  student  of  any  seminary  of 
learning  ;  nor  while  kept  at  any  almshouse  or  other 
asylum  at  pubhc  expense  ;  nor  while  couhned  in  any 
public  prison. 

Sec.  3.  The  right  of  sulVrage  shall  be  onjoved  by 
all  persons  otherwise  entitled  to  the  same  who  may  be 
m  the  military  or  naval  siTviic  of  the  United  States  ; 
provided,  the  votes  so  cast  sliall  be  made  to  apply  to 
the  county  and  township  of  which  said  voter-s  were 
bona  fide  residents  at  the  time  of  their  enlistment  ; 
a.m\  proiu'drd,  that  the  payment  of  a  poll  tax,  or  a  reg- 
istration of  such  a  voter  sliall  not  be  required  as  a 
condition  to  the  right  of  voting.  Provision  shall  be 
made  by  law,  regulating  the  manner  of  votuig,  hold- 
ing elections,  and  making  returns  of  such  elections, 
wherein  other  provisions  are  not  contained  in  this 
Constitution. 

Mr.  BROSNAN.  I  move  to  insert  the  word 
"  further  "  after  "  provided,*'  where  it  occurs 
the  last  time  in  Section  3,  that  being  the  second 
proviso. 

The  amendment  was  agreed  to  by  unani- 
mous consent. 

Mr.  BANKS.  The  proviso  reads,  "  the  regis- 
tration of  such  a  voter.^'  I  think  it  should  be 
"  voters  '' — in  the  plural. 

Mr.  BROSNAN.  I  move  to  strike  out  the 
word  "  a  "  before  "  voter." 

Mr.  BANKS.  I  think  it  should  all  be  plural. 
The  word  "  a  ''  is  undoubtedly  wrong  in  that 
connection,  and  ought  to  be  stricken  out,  but  at 
the  same  time,  it  seems  to  me  that  the  word 
"  voter "  should  be  changed  to  "voters,"  be- 
cause all  through  the  preceding  part  of  the 
section  the  designation  is  in  the  plural.  I  will 
therefore  move  to  amend  by  striking  out  the 
words  "  a  voter,"  and  inserting  instead  the 
word  "  voters." 

Mr.  BROSNAN.    I  have  no  objection. 

The  amendment  proposed  by  Mr.  Banks  was 
adopted  by  unanimous  consent. 

Sections  4  to  8,  inclusive,  (as  renumbered,) 
were  read  as  follows : 

Sec.  i.  During  the  day  on  which  any  general  elec- 
tion shall  be  held  in  this  State,  no  qualified  elector 
shall  be  arrested  by  virtue  of  any  cirtl  process. 

Sec.  5.  All  elections  by  the  i)eople  shall  be  by  bal- 
lot, and  all  elections  by  the  Legislature,  or  by  either 
branch  thereof,  shall  be  viva  vace. 

Sec.  6.  Provision  shall  be  made  by  law  for  the  regis- 
tration of  the  names  of  the  electors  within  the  coun- 
ties of  which  thej-  may  be  residents,  and  for  the  ascer- 
tainment by  proper  proofs  of  the  persons  who  shall  be 
entitled  to  tlie  right  of  sutlrage.  as  hereby  established, 
to  preserve  the  purity  of  election,  and  to  regulate  the 
manner  of  holding  and  making  returns  of  the  same; 
and  the  Legislature  sliall  liave  power  to  prescribe  any 
other  or  fnrtlier  rules  or  oatlis  asmaj'  be  necessary,  as 
a  test  (if  elei-toral  qualification. 

Sec.  7.  The  Legislature  shall  provide  by  law  for  the 
payment  of  an  annual  poll  tax  of  not  less  than  two 
nor  exceeding  four  dollars,  from  each  male  person  res- 
ident in  the  .State,  lietween  the  ages  of  tweuty-<^me  and 
sixty  years,  (uiuivilized  American  Indiana  excepted,) 
one-half  to  be  applied  for  Stat<\  and  one-half  for  coun- 
ty iiurposes;  and  the  Legislature  may,  in  its  discre- 
tion, make  such  xjajiuent  a  condition  to  the  right  of 
voting. 

Sec.  8.  .VII  persons  qualified  by  law  to  vote  for  Rep- 
resentatives to  the  General  .\8sembly  of  the  Territory 
of  Nevada,  on  the  21st  day  of  March,  18C1,  and  all 


786 


RIGHT  OF  SUFFRAGE. 


[21st  day 


Wednesday,]       Brosxax—Presidenx— Collins— Banks— Kjnkead—Murdock,  etc.        [July  27. 


other  persons  who  may  be  lawful  voters  iu  the  said 
Territory  on  the  first  Wednesday  of  September  next 
following,  shall  be  entitled  to  vote  directly  upon  the 
question  of  adopting  or  rejecting  this  Constitution. 

Mr.  BROSNAN.  Unless  we  shall  be  informed 
that  the  first  Wednesday  of  September  will  be 
the  day  on  which  the  Constitution  is  to  be  sub- 
mitted', this  last  section  will  ret^uire  amend- 
ment. We  must  bear  that  in  mind,  as  regards 
this  section. 

The  PRESIDENT.  The  only  difference  would 
be,  that  if  the  election  takes  place  at  a  later 
day,  an  inconsiderable  number  of  persons 
would  be  qualified  to  vote,  who  would  not  be 
on  that  day.  Such  being  the  only  difference, 
it  is  not  very  material. 

Mr.  COLLINS.  I  hope  the  date  will  be  left 
open  to  the  last  possible  moment. 

The  PRESIDENT.  I  do  not  deem  it  neces- 
sary in  this  section.  It  only  defines  the  time  at 
-which  those  who  are  to  vote  on  the  Constitu- 
tion shall  be  qualified — that  only  those  shall 
vote  who  are  qualified  voters  on  a  particular 
day — and  I  do  not  think  it  is  of  sufficient  im- 
portance to  make  any  change.  If  it  turns  out 
that  the  election  is  to  take  place  in  October,  in- 
stead of  the  date  here  mentioned,  the  only 
effect  would  be  to  preclude  from  voting  those 
who  may  have  become  residents  during  the 
period  of  about  a  month,  that  is,  from  five  to 
six  months  previous  to  the  first  Wednesday  of 
September.  All  who  are  qualified  in  Septem- 
ber would  necessarily  be  qualified  in  October, 
and  the  number  who  would  become  legal  vo- 
ters in  the  intervening  time  would  be  but  few. 
Mr.  COLLINS.  I  think  the  election  ordi- 
nance will  cover  that  matter. 

The  PRESIDENT.  I  am  so  confident  that  the 
amendment  was  made  by  Congress,as  petitioned 
for,  that  I  think  no  change  is  necessary  in  this 
section,  especially  as  the  election  would  not  be 
invalidated  in  any  event. 

Mr.  BANKS.  In  examining  the  engrossed 
bills,  the  Committee  on  Phraseology  found  a 
number  of  cases  where  figures  were  used  to  ex- 
press numbers  and  dates,  although  words  should 
have  been  employed.  In  a  number  of  in- 
stances the  committee  directed  the  change  to 
be  made,  but  I  do  not  think  it  was  done  in 
every  case.  I  move,  therefore,  that  the  Secre- 
tary be  instructed  to  change  figures  to  words, 
wherever  they  occur,  except  in  numbering  the 
sections  or  articles. 

Tlie  motion  was  agreed  to  by  unanimous 
consent. 

Mr.  KINKEAD.  I  move  to  amend  the  last 
clause  in  Section  fi,  by  inserting  after  "  and  the 
Legislature  shall  have  power  to  prescribe,"  the 
words  "  by  law  ;"  so  that  it  will  read  :  "And 
the  Legislature  shall  have  power  to  prescril)e 
by  law  any  other  or  further  rules  or  oaths,"'  etc. 
The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  MURDOCK.  I  move  to  amend  Section 
7,  by  striking  out  the  word  "  uncivilized,"  be- 
fore "American  Indians." 


I  have  this  reason  for  that  motion  :  I  do  not 
know  that  it  will  appear  to  other  men  as  it  does 
to  me.  but  I,  for  one.  am  a  great  stickler  for  the 
idea  of  the  races  of  men,  and  I  think  the  Anglo- 
Saxon,  the  Celtic,  or  any  other  of  the  White  or 
Caucasian  races,  is  a  far  superior  race  of  men 
to  the  Indian,  the  Negro,  or  any  of  the  colored 
races.  Now,  if  we  prohibit  the  American  citi- 
zen of  African  descent  from  voting,  why  not 
prohibit  all  the  rest  of  the  colored  races,  and 
say  to  them  that  we  con'sider  ourselves  to  be 
their  superiors  ?  Why  should  we  condescend 
to  make  any  of  the  inferior  races  our  equals  ? 
These,  in  short,  are  my  reasons  for  this  amend- 
ment. 

Mr.  WARWICK.  In  reply  to  that  I  will  take 
the  liberty  of  calling  one  gentleman  by  name  : 
Suppose  that  John  R.  Ridge  were  a  citizen  of 
Nevada,  would  gentlemen  Tie  willing  to  admit 
him  to  a  position  of  equality  ? 

Mr.  BANKS.    Yes,  sir  ;  certainly  ;  socially. 

Mr.  WARWICK.  Well,  we  will  suppose  him 
to  be  a  loyal  man  ;  would  they  be  willing  to 
admit  him  to  political  equality  ?  I  would  just 
as  soon  allow  any  Cherokee  Indian  to  vote,  or 
any  member  or  the  Five  Nations,  if  he  were  a 
loyal  American  citizen.  But  I  really  do  not 
see,  sir,  why  any  such  distinction  should  be 
made  in  our  fundamental  law. 

The  PRESIDENT.  I  will  call  the  attention 
of  gentlemen  to  the  ftxct,  that  this  section  mere- 
ly makes  provision  for  the  poll  tax.  There  is 
in  another  section  a  positive  inhibition  of  the 
right  to  vote  of  any  except  white  male  citizens 
possessing  certain  qualifications. 

Mr.  COLLINS.  But  the  poll  tax  is  required 
from  every  negro. 

Mr.  PROCTOR.  But  it  seems  to  me  that, 
with  a  particular  construction  which  may  be 
given  it,  this  section  will  i)ermit  every  man  to 
vote  who  pays  his  poll  tax.  It  says  the  Legis- 
lature may  make  such  payment  a  condition  to 
the  right  of  voting,  and  that  would  include  civ- 
ilized American  Indians  and  everybody  else. 
According  to  that  wc  might  as  well  adopt  at 
once  the  amendment  proposed  by  the  gentle- 
man from  Washoe,  (Mr.  Nourse,)  to  strike  out 
the  word  "white," 

The  PRESIDENT.  This  section  refers  only 
to  the  poll  tax.  We  have  provided  that  a  par- 
ticular class  of  men  shall  be  allowed  to  vote, 
and  that  certain  others  shall  not.  Then  in  this 
section  we  designate  who  shall  be  reqtiired  to 
pay  a  poll  tax,  and  authorize  the  Legislature 
to  provide  that  those  who  fail  to  pay  such  poll 
tax,  though  otherwise  qualified,  may  be  de- 
barred from  voting. 

Mr.  PROCTOR.  But  each  inhabitant  of  the 
State  is  compelled  to  pay  a  poll  tax,  and  if  he 
pays  it,  and  it  is  made  a  condition  to  the  right 
of  voting,  what  does  that  mean?  It  looks  to 
me  like  declaring  that  anybody  who  pays  his 
poll  tax  will  have  a  right  to  vote. 

Mr.  MURDOCK.  1  supjiose  it  is  well  under- 
stood in  relation  to  this  poll  tax,  that  I,  for  one, 
have  been  and  am  utterly  opposed  to  establish- 


21st  day.] 


LEGISLATIVE  DEPARTMENT. 


787 


Wednesday,] 


Collins — Mdrdock — President — Banks. 


[July  2', 


ing  any  property  qualification  at  all,  in  relation 
to  voting.  It  makes  no  diflference  to  me  whether 
a  man  be  worth  a  hundred  thousand  dollars,  or 
not  a  dollar,  so  far  as  relates  to  his  right  of  suf- 
frage. But  I  say  frankly  that  I  am  a  stickler 
for  the  races  of  men,  and  the  words  "  uncivil- 
ized American  "  read  badly  to  nie,  even  al- 
though qualified  by  the  word  "  Indian."'  When 
it  says,  in  that  connection,  "  uncivilized  Ameri- 
can Indians,"  it  really  does  not  go  down  quite 
light  with  me. 

Mr.  COLLINS.  It  seems  to  me  the  gentle- 
man is  mistaken  as  to  the  sense  in  which  those 
words  are  used  in  this  section.  Section  7  has 
nothing  to  do  with  the  right  of  voting,  only  so 
far  as  it  says  that  the  Legislature  may  make  it 
a  condition  precedent  to  the  right  of  voting, 
that  the  poll  tax  shall  be  paid.  It  requires 
Negroes,  Chinese,  and  every  class  of  men  to 
pay  the  poll  tax,  except  uncivilized  American 
Indians.  If  they  are  civilized  Indians  they  are 
not  excepted,  and  farmers,  mechanics  and  min- 
ers who  are  white  men,  are  all  placed,  so  for  as 
relates  to  the  payment  of  the  tax,  on  a  level 
with  the  negroes,  Chinamen,  etc. 

Mr.  MURDOCK.  Inasmuch  as,  having  been 
absent  from  the  Convention  for  some  little 
time,  I  was  not  fully  aware  of  what  had  been 
the  action  of  the  Convention  and  what  was  the 
business  before  it,  I  will  withdraw  my  amend- 
ment, and  if  what  I  have  said  is  in  the  wrong 
place,  I  will  withdraw  that  also.  Nevertheless, 
I  would  like  to  have  such  an  amendment  put 
in  at  the  right  place. 

The  PRESIDI:NT.  Section  8, 1  observe,  pro- 
vides that  not  only  those  who  may  be  lawful 
voters  on  the  first  Wednesday  of  Sei^tember, 
but  also  all  who  were  lawful  voters  on  the  2 1st 
of  March  last,  shall  be  entitled  to  vote  on  the 
Constitution.  I  would  suggest  whether  that 
will  not  extend  the  right  of  voting  to  those 
who  may  not  really  be  entitled  to  it.  For  in- 
stance, a  man  may  have  acquired  the  right  of 
voting  by  residence  on  the  21st  day  of  March,  but 
nevertheless,  within  this  interval,  before  the  first 
Wednesday  of  September,  he  may  have  ceased 
to  be  a  resident,  and,  consequently,  a  legal 
voter,  by  reason  of  acquiring  residence  and 
the  right  to  vote  elsewhere.  Will  not  this 
section  yet  give  him  the  right  to  vote  here,  at 
such  election,  although  he  may  be  here  but 
temporarily  ? 

Mr.  COLLINS.  I  think  it  would,  but  there  is 
likely  to  be  very  few  if  any  cases  of  that  sort, 
and  the  provision  is  precisely  that  which  is  pre- 
scribed in  the  Enabling  Act.  Section  3  of  the 
Enabling  Act  provides  that  all  persons  shall  be 
entitled  to  vote  upon  the  acceptance  or  rejec- 
tion of  the  Constitution,  who  were  qualified 
electors  at  the  date  of  the  passage  of  the  Act, 
which  was  March  21st,  186-t. 

The  PRESIDENT.  We  certainly  cannot 
go  behind  the  requirements  of  the  Enabling 
Act. 

No  further  amendment  was  proposed  to  the 
section. 


DISTRIBUTION    OF   POWERS. 


The  SECRETARY  read  Article  III,  entitled 
Distribution  of  Powers,  as  follows  : 

ARTICLE  III. 

distSibution  op  powers. 

Section  1.  The  powers  of  the  Government  of  the 
State  of  Nevada  shall  be  divided  into  three  separate 
departments— the  Legislative,  the  Executive,  and  Ju- 
dicial; and  no  person  char{,'ed  with  the  exercise  of 
powers  properly  belonging  to  one  of  these  depart- 
ments shall  exercise  any  functions  appertaining  to 
either  of  the  others,  except  iu  the  cases  herein  ex- 
pressly directed  or  permitted. 

Mr.  BANKS.  It  seems  to  me  that  we  ought 
either  to  insert  the  word  "  the"  before  '•  Judi- 
cial," or  leave  out  the  "the"  before  the  words 
immediately  preceding.  I  will  move  to  amend 
by  inserting  "  the"  before  the  word  "  Judicial." 
so  as  to  read  '•  the  Legislative,  the  Executive, 
and  the  Judicial." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

No  further  amendment  was  offered. 

LEGISLATIVE   DEPART.\IENT. 

The  Convention  next  took  up  Article  IV,  en- 
titled Legislative  Department. 

The  SECRETARY  read  Sections  1  and  2,  as 
follows : 

Section  1.  The  Legislative  authority  of  this  State 
shall  be  vested  in  a  Senate  and  Assembly,  which  shall 
be  designated,  "The  Legislature  of  the  State  of  Ne- 
vada," and  the  sessions  of  such  Legislatui-e  shall  be 
held  at  the  seat  of  Government  of  the  State. 

Sec.  2.  The  sessions  of  the  Legislature  shall  be  bi- 
ennial, and  shall  commence  on  the  first  Monday  of 
January  next  ensuing  the  election  of  its  members,  un- 
less the  Governor  of  the  State  shall,  in  the  interim, 
convene  the  Legislature  by  proclamation,  except  as 
hereinafter  provided  iu  this  Constitution. 

The  PRESIDENT.  I  desire  to  have  the 
Secretary  read  the  section  which  was  subse- 
quently adopted,  providing  for  annual  sessions, 
so  that  we  can  ascertain  how  it  harmonizes 
with  this  section.  It  will  be  found  in  the 
Schedule. 

The  SECRETARY.  It  is  Section  12  of  the 
Schedule,  as  renumbered,  as  follows  : 

Sec.  12.  The  first  regular  session  of  the  Legjslsture 
shall  commence  on  the  second  Monday  of  December, 
A.  D.  1804,  and  the  secoud  regular  session  of  the  same 
shall  commence  on  the  first  Monday  of  January,  A.  D. 
1866,  and  the  third  regular  session  of  the  Legislature 
shall  be  the  first  of  the  biennial  sessions,  and  shall 
commence  on  the  first  Monday  of  January,  A.  U.  1807. 
and  the  regular  sessions  of  the  Legislature  shall  be 
held  thereafter  biennially,  commencing  on  the  first 
Monday  of  January. 

The  PRESIDENT.  The  section  now  under 
consideration  makes  provision  for  the  meeting 
of  the  Legislature,  to  be  composed  of  the  Sen- 
ate and  Assembly,  and  therofore  it  immediately 
becomes  a  part  of  the  sjstem  of  our  govern- 
ment. The  section  in  thi;  Schedule  merely  reg- 
ulates the  matter  of  annual  sessions,  by  pro- 
viding that  after  I8(i7,  the  sessions  shall  be  bi- 
ennial. Now  the  sessions  necessarily  commence 
iu  the  January  succeeding  the  election  of  As- 


788 


LEGISLATIVE  DEPARTMENT. 


[21st  day. 


Wednesday,] 


Collins — President — Banks — Kinkead — Brosxan. 


[July  27. 


semblymen,  but  not  uniformly  in  the  January 
succoJiling  the  election  of  Senators,  as  but 
one-half  of  the  Senators  are  elected  at  one 
election.  I  sufriiest,  therefore,  that  the  lan- 
guage of  the  section  might  possibly  lead  to 
some  misapprehension. 

Mr.  COLLINS.  Does  not  Section  4,  regulat- 
ing the  election  of  Senator.s,  cover  the  ground, 
and  prevent  anv  such  misapprehension  1 

The  PRESIDENT.  But  Section  2  reads  :  "  The 
sessions  of  the  Legislature  shall  be  biennial, 
and  shall  commence  on  the  first  Monday  of 
January  next  ensuing  the  election  of  its  mem- 
bers ;""when  in  fact  the  sessions  are  to  begin  on 
the  first  Monday  of  January  succeeding  the 
election  of  the  niembers  of  the  Assembly,  and 
a  portion  of  the  niembers  of  the  Senate. 

Mr.  BANKS.  I  will  move  to  amend  that  part 
of  the  section,  so  as  to  read  :  "  next  ensuing 
the  election  of  members  of  the  Assembly."  I 
think  that  amendment  is  desirable,  and  will 
cover  the  whole  ground. 

The  PRESIDENT.  My  colleague  (Mr.  Kin- 
kead) desires,  I  understand,  to  suggest  an 
amendment  to  another  part  of  the  section. 

Mr.  KINKEAD.  It  is  merely  a  transposition 
of  a  sentence  ;  this  amendment  will  not  be 
atfected  bv  it. 

Mr.  BANKS.  My  amendment  is  to  strike  out 
the  word  "  its,'"  where  it  occurs  before  the  word 
'•  members,'"  and  insert  after  "  members,"  the 
words  •■  of  the  Assembly,-'  so  as  to  read,  "  next 
ensuing  the  election  of  members  of  the  Assem- 
bly.'" " 

The  amendment  was  agreed  to  by  unanimous 

consent. 

Mr.  KINKEAD.  Now  I  move  to  amend  the 
same  section  by  a  transposition,  so  that  the 
words  ••  except  as  hereinafter  provided  in  this 
Constitution,"'  will  follow  immediately  after 
"  members  of  the  Assembly." 

Mr.  BROSNAN.  I  would  inquire  if  the  ex- 
ception is  designed  to  apply  merely  to  the  bi- 
ennial sessions  ? 

Mr.  KINKEAD.  Yes,  sir ;  but  the  section 
reads  awkwardly  now. 

The  PRESIDENT.  It  occurs  to  me  that  it  is 
not  necessary  to  retain  those  words.  If  we  do, 
will  not  a  corresponding  change  be  necessary 
in  other  sections";  For  instance,  where  we 
provide  for  the  election  of  State  officers  for 
four  years,  and  fix  the  terms  of  Senators.  If 
on  the  contrary,  we  strike  out  those  words,  this 
being  the  general  framework  of  our  projiosed 
systi^m,  it  seems  to  me  that  the  whole  will  be 
rendered  harmonious. 

Mr.  KINKEAD.  I  would  prefer  to  have 
those  words  stricken  out. 

Mr.  liUOSN.VN.  That  was  our  idea  at  first, 
and  I  hope  it  will  be  done,  because,  after  two 
or  three  years  there  will  be  no  necessity  for 
any  such  exception. 

The  I'RM-^IDENT.  It  is  sufficiently  provided 
for  in  tlie  Sciiedule. 

Mr.  KINKEAD.  I  withdraw  my  first  motion, 
and  move  instead  to  strike  out  those  words  : 


"  except  as  hereinafter  provided  in  this  Consti- 
tution." 

The  amendment  w'as  agreed  to  by  unanimous 
consent. 

Sections  3  and  4  were  read,  as  follows  : 

Sec.  3.  The  members  of  the  Assembly  shaU  be 
choseu  bieuuially,  by  the  qualified  electors  of  their 
respective  districts,  ou  the  Tuesdaj'  uext  after  the  first 
Monday  in  November,  and  their  term  of  oflice  shall  be 
two  years  from  the  day  uext  after  their  election. 

Sec.  4.  Senators  shall  be  chosen  at  the  same  time 
and  places  as  members  of  the  Assembly,  by  the  quali- 
fied electors  of  their  respective  districts,  and  their 
term  of  office  shall  be  four  years  from  the  day  next 
after  their  election. 

Mr.  COLLINS.  I  suppose  that  is  designed 
to  prevent  the  forming  of  Senatorial  Districts, 
if  the  Legislature  should  be  so  disposed.  The 
requirement  that  Senators  shall  be  chosen  at 
the  same  time  and  places  as  members  of  the 
Assembly,  will  prevent  the  Legishiture,  I  take 
it,  from  organizing  Senatorial  Districts. 

The  PRESIDENT.  I  do  not  perceive  that  it 
has  such  application.  It  provides  only  that 
they  shall  be  elected  at  the  same  time — 

Mr.  COLLINS.  The  same  time  and  the  same 
places. 

The  PRESIDENT.  Certainly  ;  at  the  same 
places  of  voting.     That  is  as  I  understand  it. 

Mr.  BROSNAN.  That  is  the  way  1  under- 
stand it. 

Mr.  COLLINS.  I  do  not  know  but  that  is 
correct. 

Sections  5  and  6  were  read,  as  follows  : 

Sec.  5.  Senators  and  members  of  the  Assembly 
shall  be  duly  qualified  electors  in  the  respective  coun- 
ties and  districts  which  they  represent,  and  the  num- 
ber of  Senators  shall  not  be  less  than  one-third,  nor 
more  than  one-half  of  that  of  the  members  of  the  As- 
sembly. 

Sec.  6.  Each  House  shaU  judge  of  the  qualifica- 
tions, elections,  and  returns  of  its  own  members, 
choose  its  own  officers,  (except  the  President  of  the 
Senate,)  determine  the  rules  of  the  proceedings,  and 
may  punish  its  members  for  disorderly  conduct,  and 
with  the  concurrence  of  two-thirds  of  all  the  members 
elected,  expel  a  member. 

The  PRESIDENT.  That  should  read—"  de- 
termine the  rules  of  its  ijroceedings,"  instead 
of  '•  the  ])receeding3." 

Mr.  COLLINS.  I  move  to  strike  out  "  the," 
and  insert  "  its,"  instead. 

The  PRESIDENT.  It  is  a  mere  verbal  cor- 
rection :  there  being  no  objection  the  Secretary 
will  make  the  amendment. 

Sections  7,  8,  and  "J  were  read,  as  follows  : 

Sec.  7.  Either  House,  during  the  session,  may  pun- 
ish, by  imprisonment,  any  per.son  uot  a  member,  who 
shall  have  been  guilty  of  disrespect  to  the  House,  by 
disorderly  or  cdutiiuiitudus  behavior  in  its  presence; 
but  suc-h  imprisonment  shall  not  extend  beyond  the 
final  adjournment  of  the  session. 

Sec.  H.  No  Senator  or  member  of  Assembly  shall, 
d\u'ing  the  term  for  which  he  shall  have  been  elected, 
nor  for  one  year  thereafter,  be  appointed  to  any  civil 
office  of  profit  under  tliis  State  which  shall  have  been 
created,  or  the  cinnluiiiints  of  which  shall  have  been 
increased,  during  such  term,  except  such  office  as  may 
be  filled  by  elections  by  the  people. 

Sec.  9.  No  jjerson  holding  any  lucrative  office  un- 
der the  Goveruiaent  of  the  United  States,  or  any  other 


21st  day.] 


LEGISLATIVE  DEPARTMENT. 


789 


Wednesday,]     McClinton — Proctor — President— Kennedy — Brosnan — Kixkead.        [July  27. 


jpower,  shall  be  eligible  to  any  civil  office  of  profit  un- 
der this  State;  provided,  that  Postmasters  whose  com- 
pensation iloes  not  exceed  five  hundred  dollars  per 
annum,  or  Commissioners  of  Deeds,  shall  not  be 
deemed  as  holding  a  lucrative  office. 

Mr.  McCLINTON.  I  wish  to  call  attention 
to  the  wording  of  the  proviso  in  Section  9. 
Should  it  not  read  "  and  Commissioners  of 
Deeds,"  rather  than  "  or  Commissioners  of 
Deeds  ?"'  It  is  evidently  incorrect,  and  I  move 
to  substitute  the  word  "  and,"  for  "  or.'' 

Mr.  PROCTOR.  I  would  like  to  know  what 
that  language  is  there  for  ?  I  do  not  under- 
stand that  any  such  ofiBce  exists  under  the 
United  States  Government  as  Commissioner  of 
Deeds. 

The  PRESIDENT.  I  will  reply  to  the  gen- 
tleman, as  I  recollect  a  discussion  on  this  sub- 
ject in  the  Convention  of  last  year.  It  is  well 
known  that  there  are  Commissioners  of  Deeds 
residing  in  this  State,  holding  office  under, 
and  commissioned  by  the  Executives  of  other 
States,  and  the  object  of  incorporating  the 
proviso  was  that  they  should  not  be  excluded 
from  holding  office  under  the  Government  of 
this  State.  Otherwise,  a  Notary  Public  could 
not  be  a  Commissioner  of  Deeds  for  California, 
and  it  is  sometimes  very  convenient  for  a  No- 
tarv  to  hold  such  a  commission. 

Mr.  PROCTOR.  But  it  says  :  "  holding  any 
lucrative  office  under  the  Government  of  the 
United  States." 

Mr.  KENNEDY.     "  Or  any  other  power." 

Mr.  McCLINTON.  As  California,  for  in- 
stance ;  that  might  be  deemed  to  be  another 
power. 

Mr.  PROCTOR.  I  did  not  know  but  it  was 
intended  to  refer  to  United  States  Commission- 

The  PRESIDENT.  My  understanding  is, 
that  it  includes  only  Commissioners  of  Deeds 
appointed  by  authority  of  other  States. 

Mr.  McCLINTON.  My  amendment  has  not 
been  passed  upon  yet,  I  believe.  It  is  to  strike 
out  the  word  "  or,"  in  the  proviso,  and  insert 
"  and." 

Mr.  BROSNAN.  I  think  the  word  "  or  "  is 
appropriate  there.  I  find  that  the  Constitution 
of  California  contains  the  word  "  or  "  in  that 
connection,  and  I  think  the  amendment  is 
wrong,  although  I  seconded  it  when  it  was 
offered. 

The  PRESIDENT.  The  Chair  understands 
that  the  alteration  is  objected  to. 

Mr.  McCLINTON.  As  I  am  unsupported  I 
subside,  although  I  still  think  the  amendment 
would  be  correct. 

Sections  10  lo  14,  inclusive,  were  read,  as 
follows  : 

Sec.  10.  Any  person  who  shall  be  convicted  of  the 
embezzlement  or  defalcation  of  the  public  funds  of 
this  State,  or  who  may  be  convicted  of  having  given  or 
offered  a  bribe  to  procure  his  election  or  appointment 
to  office,  or  received  a  bribe  to  aid  in  the  proinreinent 
of  office  for  any  other  person,  shall  be  clis(]nalitiiMl 
from  holding  any  office  of  profit  or  trust  in  this  state; 
and  the  Legislature  shall,  as  soon  as  practicable,  pro- 
vide by  law  for  the  punishment  of  such  defalcation, 
bribery,  or  embezzlement,  as  a  felony. 


Sec.  11.  Members  of  the  Legislature  shall  bo  iiri^i- 
leged  from  arrest  on  civil  process  during  the  session 
of  the  Legislature,  and  for  lifteen  days  next  before  the 
commencement  of  each  session. 

Sec.  12.  When  vacancies  occur  in  either  House,  the 
Governor  shall  issue  writs  of  election  to  fill  such  va- 
cancy. 

Sec.  13.  A  majority  of  all  the  members  elected  to 
each  House  shall  constitute  a  quorum  to  transact  busi- 
ness, but  a  smaller  number  may  adjourn  froia  day  to 
day,  and  may  compel  the  attendance  of  absent  mem- 
bers, in  such  manner  and  under  such  ijenalties  as  each 
House  may  prescribe. 

Sec.  14.  ilach  House  shall  keep  a  journal  of  its  own 
proceedings,  which  shall  be  ijublished,  and  the  ayes 
and  noes  of  the  members  of  either  House  on  any  ques- 
tion shall,  at  the  desire  of  any  three  members  present, 
be  entered  on  the  journal. 

[Mr.  DeLong  in  the  chair.] 

The  PRESIDENT  pro  tern.  I  suggest  that 
we  strike  out  the  words  "  ayes  and  noes,"  in 
the  section  just  read,  and  insert  "  yeas  and 
nays,"  instead.  We  do  not  want  them  to 
record  a  man's  eyes  and  nose.     [Merriment.] 

Mr.  KINKEAD.  I  will  move  that  amend- 
ment.    Some  of  them  might  have  but  one  eye. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Sections  15,  16,  and  17  were  read,  as  follows  : 

Sec.  15.  The  doors  of  each  House  shall  be  kept  open 
during  its  session,  except  the  Senate  while  sitting  in 
Executive  session,  and  neither  shall,  without  the  con- 
sent of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  place  than  that  in  which  they  may  be 
holding  their  sessions. 

Sec.  16.  Any  bill  may  originate  in  either  House  of 
the  Legislature,  and  all  bills  passed  by  one  may  be 
amended  in  the  other. 

Sec.  17.  Each  law  enacted  by  the  Legislature  shah 
embrace  but  one  subject,  and  matter  i^roperly  con- 
nected therewith,  which  subject  shall  be  briefly  ex- 
pressed in  the  title;  and  no  law  shall  be  revised  or 
amended  by  reference  to  its  title,  but  in  such  case  the 
act  as  revised,  or  section  as  amended,  shall  be  re-en- 
acted and  published  at  length. 

The  PRESIDENT  pro  tern.  I  suggest  that  we 
add  the  word '' only,"  after  "  title,"  where  it 
occurs  the  second  time  in  Section  17.  so  that 
the  clause  will  read — "  and  no  law  shall  be  re- 
vised or  amended  by  reference  to  its  title  only." 

Mr.  KINKEAD.  Certainly.  Let  them  "  read 
their  title  clear."     [Merriment.] 

The  amendment  suggested  was  agreed  to  by 
unanimous  consent. 

Section  18  was  read,  as  follows  : 

Sec.  18.  Every  bill  shall  be  road  by  sections,  on 
three  several  days,  in  each  House,  unless,  in  case  of 
emergency,  two-thirds  of  the  House,  where  such  bill 
may  be  pending,  shall  deem  it  expedient  to  disjiense 
v.'ith  this  rule ;  but  the  reading  of  a  bill  by  sections, 
on  its  final  jjassage,  shall  in  no  case  be  disijeused  with, 
and  the  vote  on  the  final  passage  of  every  bill,  or  joint 
resolution,  shall  be  taken  by  ayes  and  noes,  to  be  ea- 
tered  on  the  journals  of  each  House;  and  a  majottlj' 
of  all  the  meiubers  elected  to  each  House  shall  be  ue- 
cessary  to  pass  every  bill  or  joint  resolution,  autl  all 
bills  or  joint  resolutions  so  passed,  shall  be  sijaxed  by 
the  presiding  officers  of  the  respective  Housca. 

Mr.  KINKEAD.  I  move  that  we  make  tho 
same  alteration  there  as  in  a  previous  section  ; 
inserting  "  yeas  and  uays,"  in  place  of  "  ayes 
and  noes." 

The  amendment  was  agreed  to  by  uaaniraouss 
CQuseot, 


790 


LEGISLATIVE  DEPARTMENT. 


[21st  day. 


Wednesday,] 


DeLong — Kdjkead — Brosnan — McClixtox. 


[July  27. 


The  PRESIDEXT  pro  iem.  It  is  customary 
in  Culifornia  for  the  Secretary  of  the  Senate, 
and  Clerk  of  the  Asseinhly.  also,  to  certify  the 
passage  of  every  bill,  but  this  section  only  pro- 
vides that  l)ills  shall  be  signed  by  the  presiding 
oflScei's.  A  House  bill,  for  instance,  is  usually 
signed  by  the  Speaker  and  countersigned  by 
the  Clerk,  and  is  then  sent  to  the  Senate,  where 
it  is  signed  by  the  President  and  Secretary  of 
the  Senate.  1  will  move  to  amend  the  section 
by  adding  the  words — '•  and  by  the  Secretary 
of  the  Senate  and  Clerk  of  the  Assembly." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Sections  19  and  20  were  read,  as  follows  : 

Sec.  19.  No  money  shall  be  drawn  from  the  Treas- 
ury but  in  consequence  of  appropriations  made  by 
law.  An  accurate  statement  of  the  receipts  and  expen- 
ditures of  the  pubhc  money  shall  be  attached  to  and 
pubhshed  with  the  laws,  at  every  regular  session  of 
the  Lej^islature. 

Sec.  20.  The  Legislature  shall  not  pass  local  or  spe- 
cial laws  in  any  of  the  following  enumerated  cases, 
that  is  to  say  : 

Regulating  the  jurisdiction  and  duties  of  Justices  of 
the  Peace  and  of  Constables;  for  the  punishing  of 
crimes  and  misdemeanors;  regulating  the  practice  of 
courts  of  justice;  providing  for  changing  the  venue  in 
civil  and  criminal  cases ;  granting  divorces ;  changing 
the  names  of  persons;  vacating  roads,  town  plots, 
streets,  alleys  and  public  squares;  summoning  and 
empauneling  grand  and  petit  juries,  and  pro^dding  for 
their  compensation ;  regulating  coimty  and  township 
business :  regulating  the  election  of  county  and  town- 
ship officers ;  for  the  assessment  and  collection  of  taxes 
for  .State,  county,  and  to\vnshiii  purposes;  providing 
for  opening  and  conducting  elections  of  State,  county, 
or  township  offlcer.s,  and  designating  the  places  of  vot- 
ing; providing  for  the  sale  of  real  estate  belonging  to 
minors  or  other  persons  laboring  under  legal  disabili- 
ties. 

Mr.  KINKEAD.  There  were  certain  instruc- 
tions adopted,  relative  to  the  form  of  enrolling 
Section  20 — that  each  clause  specifying  a  sub- 
ject prohibited  should  be  distinguished  by 
commencing  a  new  line,  beginning  with  a  cap- 
ital letter,  and  ending  with  a  colon,  so  as  to 
constitute  a  separate  sentence. 

The  SECRETARY.  That  was  the  instruc- 
tion, and  I  will  amend  the  section  accordingly. 

Section  21  was  read,  as  follows  : 

Sec.  21.  In  all  cases  enumerated  in  the  jireceding 
sections,  and  in  all  other  cases  where  a  general  law  can 
be  made  api^hcable,  all  laws  sliall  be  general,  and  of 
uniform  oi)eration  throughout  the  State. 

Mr.  KINKEAD.  That  word  should  be  "  sec- 
tion." so  as  to  read,  "  in  all  cases  enumerated 
in  the  preceding  section."  It  refers  to  tiiat  sec- 
tion alone,  and  I  move  to  strike  out  the  final 
s  from  tile  wi)rd  '•  sections." 

The  amendment  was  agreed  to  by  unani- 
mous consent. 

Sections  22  to  2G,  inclusive,  were  read,  as 
follows  : 

Sec.  22.  Provision  may  be  made  by  general  law  for 
bringing  suit  against  the  State  as  to  all  liabilities  orig- 
inating after  the  adoption  of  this  Constitution. 

SEf.  2.3.  The  enacting  clause  of  every  law  shall  be 
as  follows  :  "The  People  of  the  State  of  Nevada,  rep- 
resented in  Senate  and  Asseinlily,  do  enact  as  follows  " 
— and  no  law  shall  be  enacted  except  by  bill. 

Sec.  24.  No  lottery  shall  ha  authorized  by  this 
State,  nor  shall  the  sale  of  lottery  tickets  be  allowed. 


Sec.  25.  The  Legislature  shall  establish  a  system 
of  county  and  toi\Tiship  government,  which  shall  be* 
uniform  throughout  the  State. 

Sec.  26.  The  Legislature  shall  proTOle  for  the  elec- 
tion of  a  Board  of  County  Commissioners,  in  each 
county,  and  these  County  Commissioners  shall  jomtly 
and  individually  perform  such  duties  as  may  be  pre- 
scribed by  law. 

Mr.  KINKEAD.  The  word  "  these  "  is  not 
nece.ssarv  there  before  County  Commissioners. 

The  PRESIDENT  pro  tern.  It  should  be 
"  such."  If  there  is  no  objection,  the  word 
"such  "  will  be  substituted  for  ••  these,"  so  as. 
read,  "  and  such  County  Commissioners  shall 
jointly  and  individually  perform,"  etc. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  KINKEAD.  I  think  we  should  insert 
those  words  "  by  law  "  after  "  provide,"  in  the 
first  line,  so  that  it  will  read  :  '•  the  Legislature 
shall  provide  bv  law." 

Mr.  BROSNAN.  We  have  "  by  law  "  at  the 
end  of  the  section. 

Mr.  McCLINTON.  But  as  it  now  reads  the 
Legislature  does  not  provide  for  the  election 
of  County  Commissioners  by  law  ;  it  only  pre- 
scribes  their  duties  by  law.  I  think  the  amend- 
ment is  necessary. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Sections  27  to  30,  inclusive,  were  read,  as 
follows : 

Sec.  27.  Laws  shall  be  made  to  exclude  from  serv- 
ing on  juries  all  persons  not  qiialified  electors  of  this 
State,  and  all  persons  who  shall  have  been  convicted 
of  bribery,  jjerjury,  forgery,  larceny,  or  other  high 
crimes,  unless  restored  to  civil  rights ;  and  laws  shall 
be  passed  regulating  elections,  and  prohibiting,  under 
adequate  penalties,  all  undue  influence  thereon,  from 
power,  bribery,  tumult,  or  other  improper  practice. 

Sec.  28.  No  money  shall  be  drawn  from  the  State 
Treasury  as  salary  or  compensation  to  any  officer  or 
employe  of  the  Legislature,  or  either  branch  thereof, 
except  in  cases  where  such  salary  or  comi)eusation  has 
been  fixed  by  a  law  in  force  prior  to  the  election  or  ap- 
pointment of  such  officer  or  employe ;  and  the  salary 
or  comi^ensation  so  fixed  shall  neither  be  increased 
nor  diminished  so  as  to  apply  to  any  officer  or  employfi 
of  the  Legislatv.re,  or  either  branch  thereof,  at  such 
session;  provided,  that  this  restriction  shall  not  apply 
to  the  first  session  of  the  Legislature 

Sec.  29.  The  first  regular  session  of  the  Legislature 
under  this  Constitution  may  extend  to  ninety  days, 
but  no  subsequent  regular  session  shall  exceed  sixty 
days,  nor  any  special  session  convened  by  the  Gover- 
nor exceed  twenty  days. 

Sec.  .30.  A  homestead,  as  provided  by  law,  shall  be 
exempt  from  fcu'ced  sale  under  any  iirocess  of  law,  and 
shall  not  be  alienated  without  the  joint  consent  of  hus- 
band and  wife,  when  that  relation  exists;  but  no  prop- 
erty shall  be  exemjit  from  sales  for  taxes,  or  for  the 
payment  of  obligations  contra<'ted  for  the  purchase  of 
said  premises,  or  for  the  erection  of  improvements 
thereon:  jiniridc'l,  the  i)rovisi()ns  of  this  section  shall 
notapply  to  any  process  of  law  obtained  l)y  virtue  of  a 
lien  given  by  the  consent  of  both  husband  and  wife; 
and  no  laws  shall  be  enacted  pro\'iding  for  the  record- 
ing of  such  homestead  within  the  county  in  which  the 
same  may  be  situated. 

Mr.  BROSNAN.    What  does  that  language 

mean  in  Section  30.  where  it  says  the  home- 
stead isliali  not  be  alienated  without  tlu-  joint 
consent  of  husband  and  wife,  "where  thai  re- 
lation exists?"    If  we  say,  "without  the  joint 


21st  day.] 


LEGISLATIVE  DEPARTMENT. 


lOl 


Wednesday,]  DeLong— Kixkbad — Frizell— Collins— McClinton—Brosnan— Banks.    [July  27. 


consent  of  husband  and  wife,"  is  not  that  suffi- 
cient ? 

The  PRESIDENT  pro  tern.  I  understand  the 
section  contemplates  that  the  homestead  may 
1)0  claimed  as  such  by  either  the  husband  or 
the  wife,  and  may  then  be  held  by  either.  It 
therefore  provides  that  it  shall  not  be  alienated 
except  by  the  consent  of  both,  until  that  rela- 
tion shall  cease  to  exist.  I  think  that  is  the 
object  of  those  words. 

Mr.  KINKEAI).  Following  that  it  reads: 
"  no  property  shall  be  exempt  from  sales  for 
taxes  ;"  that  word  should  be  ••  sale,"  instead  of 
"sales."     I  move  to  strike  out  the  final  s. 

The  PRESIDENT  jvo  tern.  Thei-e  being  no 
objection,  the  Secretary  will  make  that  amend- 
ment.    It  is  merely  a  clerical  error. 

Sections  31  and  32  were  read,  as  follows  : 

Sec.  31.  AH  property,  both  real  and  personal,  of 
tlio  wife,  owned  or  claimed  by  her  before  marriage, 
and  that  acquired  afterward  by  gift,  devise  or  descent, 
shall  be  her  separate  property,  and  laws  shall  be 
passed  more  clearly  defining  the  rights  of  the  wife,  in 
relation  as  well  to  her  separate  property,  as  to  that 
held  in  common  \vith  her  husband.  Laws  shall  also 
be  passed  providing  for  the  registration  of  the  wife's 
separate  property. 

Sec.  32.  The  Legislature  shall  provide  for  the  elec- 
tion by  the  people  of  a  Clerk  of  the  Supreme  Court, 
County  Clerks,  County  Recorders,  who  shall  bo  ex- 
officio  County  Auditors,  District  Attorneys,  Sherifls, 
County  Surveyors,  Pubhc  Administrators,  and  other 
necessary  otficers,  and  fix  by  law  their  duties  and  com- 
pensation. County  Clerks  shall  be  ex  ufficio  Clerks  of 
the  Courts  of  Record  in  and  for  their  respective  coun- 
ties. 

The  PRESIDENT  pro  tern.  It  has  been  sug- 
gested to  me  that  hereafter  we  may  have  a 
Board  of  Supervisors  elected  in  each  county, 
and  that  unless  we  amend  this  Section  32,  the 
County  Clerks  cannot  be  ex  officio  clerks  of 
such  Boards,  as  they  are  in  all  the  counties  in 
California,  but  it  will  be  necessary  for  the 
Boards  to  elect  their  own  clerks.  I  will  there- 
fore suggest  to  the  Convention  that  we  add  to 
the  section — "  and  also  ex  officio  clerks  of  the 
Board  of  Supervisors,  or  County  Commission- 
ers, of  any  county  in  the  State  in  which  such 
Board  is  organized." 

Mr.  FRIZELL.  I  believe  there  is  a  section 
of  our  Constitution  which  provides  that  the 
County  Clerks  shall  be  ex  officio  clerks  of  the 
Courts  of  Record. 

The  PRESIDENT  pro  tern.  This  is  the  sec- 
tion which  has  just  been  read. 

Mr.  FRIZELL.  Then,  taking  it  into  consid- 
eration that  they  are  elected  as  County  Clerks, 
it  seems  to  me  that  it  must  necessarily  be  in- 
ferred that  they  are  to  be  clerks  of  the  Boards 
of  Supervisors,  and  of  the  Boards  of  Equaliza- 
tion, for  what  otlier  business  is  there  which  be- 
longs to  the  office  of  a  County  Clerk? 

The  PRESIDENT  pro  iem.  They  have  to 
perform  just  such  duties  as  are  prescribed  by 
the  Constitution,  and  no  others. 

Mr.  COLLINS.  We  have  provided  elsewhere 
for  the  election  of  County  Commissioners  ;  is 
it  desired  that  we  shall  provide  that  County 
Clerks  shall  be  ex  officio  members  of  the  Board 
of  County  Commissioners  ? 


The  PRESIDENT  pro  tern.  No,  no !  I  do 
not  care  whether  they  are  called  "  Su])erviHors  " 
or  "  Commissioners  ;"  my  suggestion  is  that  the 
section  should  be  so  amended  as  to  niakc;  the 
County  Clerks  ex  officio  clerks  of  those  county 
Boards,  wlu^ther  they  are  called  Boards  of  Su- 
pervisors or  Boards  of  Commissioners. 

Mr.  McCLINTON.  Unless  we  do  that  I  think 
any  Board  of  County  Commissioners  would 
have  power  to  appoint  whomsoever  they 
pleased  as  clerk. 

The  PRESIDENT  pro  tern.     I  think  so,  too. 

Mr.  FRIZELL.  The  Boards  of  County  Com- 
missioners are  elected  to  transact  the  busi- 
ness of  the  county.  Then  when  you  elect  a 
County  Clerk,  it  appears  to  me  that  (here  can 
be  no  misunderstanding  of  this  language.  l)ut 
it  necessarily  follows  that  he  is  clerk  of  the 
Board  of  Sujjervisors,  or  County  Commission- 
ers, in  each  county. 

The  PRESIDENT  pro  tern.  By  what  rule  of 
law? 

Mr.  FRIZELL.  By  precedent,  implication, 
and  everything  else. 

The  PRESIDENT  pro  iem.  I  know  very 
well  that  they  have  had  to  provide  for  it  by 
statute  in  California,  in  order  to  prevent  the 
Boards  of  Supervisors  from  electing  their  own 
clerks. 

Mr.  BROSNAN.  I  move  to  amend  by  adding 
after  "  County  Auditors,"  the  words,  "  Boards 
of  County  Commissioners." 

Mr.  KLNKEAD.  That  is  to  follow  the  pro- 
vision that  the  County  Recorders  shall  be  ex 
officio  County  Auditors?  Well,  if  there  is  any 
doubt  aboutit,  I  think  we  ought  to  insert  those 
words.  It  will  do  no  harm.  The  section  makes 
the  County  Recorder  ex  nffirio  County  Auditor. 

Mr.  COLLINS.  I  think  the  amcndmenl  sug- 
gested will  come  in  better  at  the  end.  I  move 
to  insert  in  the  last  clause,  after  "  Courts  of 
Record,"  the  words  "  and  also  of  the  Boards  of 
County  Commissioners." 

Mr.  BANKS.  I  think  it  would  be  better  to 
leave  it  as  it  is,  and  then  the  Legislature  will 
have  power  to  pass  a  law  requiring  County 
Clerks  to  act,  ex  officio,  as  Clerks  of  the  Boards 
of  County  Commissioners.  It  should  only  be 
required  in  the  smaller  counties,  for.  in  my 
judgment,  it  would  operate  badly  in  the  larger 
counties.  A  Clerk  might  appoint  a  deputy,  for 
instance,  who  would  be  very  objectional)le  to 
the  Board  of  Supervisors,  or  Commissioners. 
I  know,  in  San  Francisco,  the  Board  of  Super- 
visors has  the  choice  of  its  own  Clerk. 

Mr.  KENNEDY.  I  move  that  the  time  for 
the  recess  be  extended  ten  minutes,  so  as  to 
dispose  of  this  matter. 

Mr.  WARWK^K.  I  rise  to  a  point  of  order, 
that  the  time  for  the  recess  has  arrived  and 
passed. 

The  PRESIDENT  pro  tein.  The  point  is  well 
taken. 

The  hour  of  12  o'clock,  noon,  having  ar- 
rived— 

The  PRESIDENT  pro  tern,  declared  the  Con- 
vention at  recess  until  2  o'clock,  P.  M. 


i92 


FINANCE. 


[21st  day. 


Wednesday,]       Kixkead— Lockwood— Chapin — Collins — President — Warwick.         [July  27. 


AFTERNOON  SESSION. 

The  Convention  re-assembled  at  2  o'clock,  P. 
M.,  ami  was  called  to  order  by  Mr.  Gmsox,  in 
the  teniporarv  absence  of  the  President. 

Mr.  KINKEAD.  I  move  that  Mr.  Mason  take 
the  chair. 

The  question  was  taken  and  the  motion  was 
agreed  to. 

Mr.  MASON  declined,  the  President  having 
arrived. 

[The  PREsinEXT  in  the  chair.] 

The  SECRETARY  reported  that  there  was 
not  a  quorum  of  members  in  attendance. 

CALL   OF  THE   HOUSE. 

On  motion  of  Mr.  GIBSON,  a  call  of  the 
House  was  ordered,  and  the  roll  being  called, 
the  following  members  responded  to  their 
names  :  Messrs.  Banks,  Belden,  Chapin,  Collins, 
Crawford,  Crosmau,  Folsom.  Gibson,  Hawley, 
Kennedy.  Kinkead,  Lockwood,  Mason,  McClin- 
ton,  Parker,  Sturtevant,  Warwick,  Wetherill, 
and  Mr.  President.     Present.  19  ;  absent,  20. 

On  motion  of  Mr.  COLLINS,  by  iinanimous 
consent,  leave  of  absence  was  granted  to  Mr. 
Frizell. 

The  Sergeant-at-Arms  was  directed  to  arrest 
and  bring  in  those  members  who  were  absent 
without  leave. 

LI.MITATI0X    OF    TAXATION. 

Mr.  LOCKWOOD.  While  we  are  waiting,  I 
will  say  to  the  members  of  the  Convention, 
that  the  .section  which  was  incorporated  in  the 
Schedule  on  the  motion  of  the  gentleman  from 
Storey.  (Mr.  Chapin,)  limiting  taxation,  I  am 
satisfied  is  in  direct  conflict  with  another  pro- 
vision of  the  Constitution,  contained  in  the  ar- 
ticle on  Finance  and  State  Debt.  I  have  the 
two  sections  before  me,  and  desire  to  read 
them.  Section  2  of  the  article  on  Finance, 
reads  as  follows  : 

Sec.  2.  The  Legislature  shall  jirovide  an  annual  tax 
sufficient  to  defray  the  estimated  expenses  of  the  State 
for  each  fiscal  year;  and  whenever  the  expenses  of  any 
year  shall  exceed  the  income,  the  Legislature  shall 
provide  for  lev-j'ing  a  tax  sutlicient,  with  other  sources 
of  income,  to  pay  the  deficiency,  as  well  as  the  esti- 
mated expenses  of  such  ensuing  year,  or  two  years. 

Now  mark  the  language,  and  compare  it  with 
the  following,  which  has  been  incorporated  in 
the  Schedule  : 

"  For  the  first  three  j'ears  after  the  adoption  of  this 
Constitution,  the  Legislature  shall  not  levj-  a  tax  for 
State  i)urpo8e8  cxceecling  one  per  cent,  iier  annum  on 
the  taxable  property  in  the  State." 

I  take  it.  there  is  a  viuw  wide  discre])ancy. 
Mr.  (JIIAI'IN.  is  not  the  gcntli'iiian  aware 
that  there  arc  man y  jtrovlslons  contained  in  the 
Schedule  which  are  in  direct  conflict  with  |)ro- 
visions  in  tlie  general  framework  of  our  Con- 
stitution 't  That  is  the  object  and  purpo.se  of 
the  Schedule— to  provide  for  matters  of  a  mere- 
ly Icruiiorarv  nature. 

'  Mr.  LOCK  wool).  No,  sir.  As  I  understand 
it,  the  Schedule  is  to  i)rovide  for  certain  con- 
ti  ngencieu   attending    the   transitional   state — 


while  we  are  changing  from  a  Territorial  to  a 
State  Government.  And  here  we  say  in  our 
Constitution  that  the  Legislature  shall  provide 
a  tax  suflicient  to  defray  all  the  expenses  of 
the  State  Government.  We  provide  that  the 
members  of  the  Legislature  shall  be  paid  eight 
dollars  a  day,  that  the  Judges  of  the  Supreme 
Court  shall  receive  seven  thousand  dollars  a 
year,  and  so  on  and  so  forth  :  and  then  we  make 
it  the  duty  of  the  Legislature  to  levy  a  tax  suf- 
flcient  to  cover  all  those  expenses.  The  Legis- 
lature is  to  make  a  calculation,  and  levy  an 
assessment  sufficient  to  pay  all  the  expenses ; 
not  only  all  the  debts  they  create,  but  also  all 
the  estimated  expenses  for  the  year  to  come. 
But  after  having  made  such  provision,  we  then 
turn  round  and  say  in  the  Schedule  that  the 
Legislature  is  inhibited  from  levying  such  a 
tax.  I  think  the  provision  is  palpably  wrong, 
and  should  not  be  placed  anywhere  in  onr  Con- 
stitution. For  one,  I  certainly  object  to  it,  al- 
though I  expect  to  be  voted  down,  as  I  am 
generally  supposed  to  be  wrong.  I  opposed 
the  section  when  it  was  originally  incorporated 
in  the  Schedule,  for  the  reason  that  I  considered 
it  as  conflicting  with  that  which  had  been  pre- 
viously adopted,  although  I  did  not  then  have 
the  particular  section  to  refer  to. 

The  PRESIDENT.  It  is  palpably  a  conflict ; 
there  can  be  no  question  about  it. 

Mr.  COLLINS.  AVhat  is  before  the  Conven- 
tion ? 

The  PRESIDENT.  We  are  acting  under  a 
call  of  the  House.  This  subject  has  merely 
been  called  up  informally. 

Mr.  LOCKWOOD.  I  suppose  we  may  dis- 
cuss the  subject  without  a  quorum,  although 
we  can  take  no  vote.  I  merely  wanted  to  call 
the  attention  of  members  to  the  fact  that  there 
is  a  direct  conflict  between  the  two  sections. 

Mr.  AVAR  WICK.  Then  I  suggest  that  we  let 
them  both  stand  as  they  are,  and  the  Legisla- 
ture will  have  to  decide  which  is  right.  I  am 
tolerablv  well  satislied  which  way  it  will  go. 

The  PRESIDENT.  It  would  be  a  sad  com- 
mentary on  our  Constitution,  that  the  Legisla- 
ture has  to  decide  so  important  a  question. 

Mr.  WARWICK.  It  would  be  a  sadder 
commentary  that  it  does  not  give  the  Legisla- 
ture power  to  provide  for  the  wants  of  the 
government. 

Mr.  CHAPIN.  I  will  call  attention  to  another 
just  such  discrepancy.  AVe  provide  that  the 
Governor  and  other  State  ofticers  shall  be 
elected  for  a  term  of  four  years,  and  then  we 
say  in  the  Sclu.'dulc  that  those  officers  first 
elected  sliali  be  limited  to  only  two  yrars. 

The  PRESIDENT.  The  judicial  officers  are 
excepted.  Tliat  section  is  proper  enough, 
but  instead  of  making  the  judges  of  the  Su- 
preme Court,  and  the  State  officers,  first-class 
creditors  of  the  State,  as  the  Constitution  pro- 
vides, this  section  of  the  Schedule  referred  to 
by  my  colleague,  in  classifying  the  appropria- 
tions, makes  tlujin  second-class  creditors. 

Mr.  COLLINS.    I   take   it   that  a  man  who 


21st  day.] 


BOUNDARY  MEMORIAL. 


793 


Wednesday,]   President— Collins— Brosnan—Hawley— Banks— Kinkead—Cuafin.    [July  27. 


makes  his  will,  has  power  to  add  a  codicil,  and 
so  a  Constitutional  Convention,  I  suppose,  has 
authority  to  provide  when  the  various  constitu- 
tional provisions  shall  take  effect,  and  may  do 
so  bv  a  Schedule  or  otherwise. 

Tlie  PRESIDENT.  We  provide,  in  the  first 
Ijlace,  that  the  Legislature  shall  raise  revenue 
sufficient  to  pay  expenses,  and  then  we  pro- 
vide thereafter  that  they  shall  not  do  so  for  the 
first  three  years. 

Mr.  COLLINS.  Well,  I  certainly  hope  the 
suhject  will  l)e  ventilated  before  we  adjourn. 

The  PRESIDENT.  It  has  already  been 
pretty  well  ventilated,  and  the  proposition  was 
carried  by  a  majority  of  about  two-thirds. 

Mr.  BROSNAN.  I  give  notice  that  when  we 
reach  that  article,  on  its  final  revision,  I  shall 
make  a  proposition  to  the  Convention  to  strike 
out  altogether  that  portion  in  relation  to  the 
classification  of  appropriations. 

The  PRESIDENT.  It  that  is  done,  it  will 
demonstrate  that  there  has  been  a  material 
change  of  opinion  since  yestesday. 

Mr.  COLLINS.  It  is  the  right  of  every  man 
to  change  his  opinions. 

The  PRESIDENT.  This  discussion  is  all  in- 
formal, and  it  is  understood  of  course  that  it 
constitutes  no  part  of  our  proceedings. 

Messrs.  Brosnan  and  DeLong  having  ap- 
peared and  taken  their  seats,  making  a  quorom. 

On  motion  of  Mr.  GIBSON,  further  proceed- 
ings under  the  call  of  the  House  were  dis- 
pensed with. 


Mr.  HAWLEr.  Now  I  ask  for  a  short  re- 
cess, in  order  to  enable  the  Enrolling  Commit- 
tee to  get  through,  and  make  their  final  report. 
I  think  they  can  be  ready  in  about  fifteen  min- 
utes. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

Accordingly,  at  fifteen  minutes  after  two 
o'clock,  the  Convention  took  a  recess. 

The  Convention  was  again  called  to  order  by 
the  President,  at  fifteen  minutes  before  three 
o'clock. 

CALL   OF  THE   HOUSE. 

On  motion  of  Mr.  LOCKWOOD.  a  call  of  the 
House  was  ordered,  and  the  following  mem- 
bers responded  to  their  names  :  Messers.  Banks, 
Belden,  Brosnan,  Chapin,  Collins,  Crawford, 
Crosman,  DeLong,  Folsom,  Gibson,  Hawley, 
Kinkead,  Lockwood,  Mason.  McClinton,  Parker, 
Proctor,  Tagliabue,  Wetherill,  and  Mr.  Presi- 
dent.    Present,  20  ;  absent.  19. 

A  quorum  being  present,  on  motion  of  Mr. 
LOCKWOOD,  further  proceedings  under  the 
call  were  dispensed  with. 

ENROLLMENT. 

Mr.  HAWLEY,  from  the  Committee  on  En- 
rollment, submitted  the  following  report : 

To  the  President  of  the  Constitutional  Convention  : 
The  Committee  on  Enrollment  beg  leave  respect- 


fully to  report  that  they  have  examined  Article  IV, 
entitled  LpKislative  Department,  and  Article  V,  enti- 
tled Executive  Department,  and  find  the  same  cor- 
rectly enrolled.  The  committee  also  found  it  neces, 
sary  to  correct  certain  clerical  errors  in  Articles  VII, 
VIII,  XI,  and  XV.  A.  T.  Hawlet,  Chairman. 

Mv.  IIAWLEY.  I  wish  to  state  that  the  orig- 
inal engrossed  copies  were  not  furnished  to  the 
enrolling  clerk,  but  instead,  co])ies  made  up 
partly  of  written  words,  and  partly  from  slips 
cut  from  printed  copies  of  the  old  Constitution 
and  newspaper  reports.  In  some  cases  differ- 
ences existed  in  those  copies,  and  in  others, 
subsequent  changes  made  by  the  Convention 
had  not  Ijeen  noted  in  the  copies  furnislied.  I 
think,  therefore,  that  the  errors  which  have  been 
detected  by  the  Enrolling  Committee  are  not 
altogether  chargeable  as  the  fault  of  the  enroll- 
ing clerk. 

Mr.  BANKS.  Did  the  committee  compare 
the  enrolled  with  the  engrossed  copies  ? 

Mr.  HAWLEY.     Yes.  sir  ;  certainly. 

The  PRESIDENT.  I  think  it  will  save  time 
if,  instead  of  considering  the  report  now,  we 
delay  it  until  we  come  to  the  final  reading  of 
the  several  articles  reported.  If  there  is  no 
objection,  that  course  will  be  taken. 

Mr.  BANKS.  I  hope,  then,  the  gentleman 
fi-om  Douglas,  (Mr.  Hawley.)  will  make  it  his 
business  to  propose  the  necessai'y  amendments 
as  each  section  is  read. 

Mr.  KINKEAD.  They  are  all  noted  on  the 
enrolled  copy. 

BOCNDABT   MEMORIAL. 

Mr.  CHAPIN.  I  presume  there  will  not  be 
a  better  opportunity  than  the  present  to  call 
attention  to  one  subject,  which  in  my  judgment 
requires  some  further  action  before  we  finally 
adjourn.  In  Article  XIY,  after  describing  the 
boundary  of  our  State,  we  have  added  this  pro- 
viso : 

"And  whensoever  Congress  shall  authorize  the  addi- 
tion to  the  Territory  or  State  of  Nevada,  of  any  por- 
tion of  the  territory  on  the  eastern  border  of  the  fore- 
going defined  Umits,  not  exceeding  in  extent  one 
degree  of  longitude,  the  same  shall  thereupon  be  em- 
braced •within,  and  become  a  part  of,  this  State." 

The  PRESIDENT.  Would  it  not  be  the  bet- 
ter course  to  proceed  consecutively  with  the 
different  articles  and  sections  ?— and  then  the 
gentleman  can  suV)mit  his  proposition  when 
that  section  is  reached. 

Mr.  CHAl^IN.  My  object  in  calling  up  the 
matter  now  is  this  :  It  occurs  to  me  that  there 
mav  be  a  necessitv  for  adopting  a  memorial  to 
Congress,  and  if  ft  shall  be  the  pleasure  of  the 
Convention  to  do  so,  some  little  time  might  be 
required  to  perfect  the  memorial. 

The  PRESIDENT.  Yery  well :  I  was  under 
the  impression  that  the  gentleman  desired  to 
propose  an  amendment. 

Mr.  CHAPIN.  We  have  made  provision,  as 
appears  by  the  language  which  I  have  read,  for 
an  addition  on  our  i-astern  border  to  the  extent 
of  one  degree,  provided  that  Congress  shall  be 
pleased  to  grant  such  addition  to  us,  but  we 
have  neglected  to  make  provision  for  any  me- 


794 


BOUNDARY  MEMORIAL. 


[21st  da>. 


"Wednesday,]  Chapix — President — Proctor — Kinkead — GriBS<»* — C!ollins — Lockwood.  [July  27. 


morial  or  representation  to  Congress,  giving  ex- 1 
pression  to  that  desire  on  our  part,  and  on  the 
part  of  the  people  of  Nevada.  We  are  cer- 
tainly, all  of  us.  anxious  to  .secure  that  addition 
of  one  degree,  which  in  our  infancy  will  be  of 
gi-eat  advantage,  and.  in  the  future,  will  un- 
doubtedly be  of  almost  incalculable  value  to 
our  young  State.  Those  of  us  who  were  pres- 
ent in  the  Convention  of  last  year,  well  remem- 
ber the  able  and  eloquent  remarks,  in  reference 
to  the  importance  of  securing  this  strip  of  ter- 
ritory, made  by  that  worthy  and  honored  man. 
then  a  representative  of  Lander  County,  who 
occupied  the  seat  at  mj"^  left  hand  here — that 
good  man.  now  gone  from  us,  whose  memory  I 
honor  and  cherish,  and  whose  wise  counsels  are 
written  on  many  public  records,  here  and  else- 
where. I  refer  to  the  late  Judge  Ralston.  The 
great  importance  to  Nevada  of  securing  that 
addition  to  her  territory,  was  ably  set  forth  by 
him  in  that  Convention,  and  he  was  appointed 
chairman  of  a  committee  selected  to  draft  a 
memorial  to  Congress  in  reference  to  the  sub- 
ject. It  occurs  to  me  that  it  is  necessary  for  us 
to  take  similar  action,  by  the  adoption  of  the 
same  or  a  like  memorial.  I  have  therefore 
taken  the  pains  to  prepare  a  copy  of  that  me- 
morial, with  such  alterations  as  are  rendered 
necessary  in  consequence  of  changes  of  circum- 
stances occurring  since  the  former  Convention 
assembled,  and  I  have  prefixed  thereto  such  a 
resolution  as  in  my  judgment  would  be  appro- 
priate. Now  I  ask  that  the  Secretary  read  the 
resolution  and  memorial. 

The  SECRETARY  read  as  follows  : 

Resolved,  That  the  Delegate  of  the  Territory  of  Ne- 
vada, or  the  Senators  and  Rei^resentative  of  Nevada  in 
Congress,  in  case  said  Territory  shall  become  a  State, 
be  requested  to  present  the  annexed  memorial,  and 
urge  its  favorable  consideration  by  Congress,  and  the 
passage  of  an  act  iu  accordance  therewith : 

To  the  Senate  and  House  of  Representatives 

in  Congress  assembled : 

The  memorial  of  the  delegates  assembled  in  the  Ter- 
ritory of  Nevada  to  form  a  State  Constitution,  respect- 
fully represents: 

That  tlie  boundary  of  said  Territory  (or  State)  of  Ne- 
vada should  be  changed  so  that  the  line  separating 
Nevada  from  Utah  Territory  shall  iiass  from  North  to 
South  on  the  thirty-seventli  degree  of  longitude  west 
from  Washington.  That  tliis  division  would  bo  just 
to  Nevada,  and  to  Utah  Tenitories,  niukiug  tlicm  about 
equal  in  superficial  extent,  and  enabling  «'a<!h  to  form 
State  (iovernments  of  convenient  size;  but  if  the  thir- 
ty-eighth degree  of  longitude  sliall  remain  the  western 
boundary  of  Utah  Territory,  it  will  leave  Nevada  of 
contracted  dimensions,  and  of  much  greater  length 
than  breadth. 

That  the  tract  of  country  your  memorialists  desire 
to  have  ceded  to  Nevada  is  an  uninhabited  wilderness, 
with  the  exception  of  the  way-stations  tlierein  estab- 
lished by  the  U.  S.  Mail  Company;  and  a  very  few  way- 
stations  on  the  Southern  routes  from  Salt  Lake  to  Los 
Angeles,  and  some  recent  mining  settlements,  the  in- 
terests of  which  are  identical  with  those  of  the  citizens 
of  Nevada. 

That  the  line  dividing  Nevada  and  Utah  Terrirories, 
as  at  present  established,  will  bei^roductive  of  serious 
inconvenience  to  the  inhaljitants,  upon  the  settlement 
of  the  country  adjacent  thereto;  by  dividing  said  set- 
tlements, starting  as  it  does  in  the  (ioose  Creek  Moun- 
tains and  extending  south  across  other  ranges  of  moun- 


tains, intersi>erse<l  throughcrat  with  mnneraiis  valleys, 
well  8uii5>lied  with  wood,  water,  and  grass,  th*  acquisi- 
tion of  which  is  of  niuch  gi-eater  necessity  to  Nevada 
than  to  Utali — tlie  Litter  Territory  basing  an  abund- 
ance of  agricultural  lands,  whilst  the  fornjer  contains 
but  a  very  linvitt'd  qiiiuitity ;  whci-eas  if  the  line  be  re- 
moved one  de^ii-ee  e-d-<»tward  the  inconveuiem>e  will  be 
obviated — the  arable  laud.s  or  valk-ys  remaining  undi- 
vided, and  an  ai»i>ropriatc' natural  divitling  line  formed, 
by  the  borders  of  extensive  a.lkili  de.serts,  N\liich  can 
never  be  inhabited. 

Your  memoriali&ts  would  therefore  respectfully  ask 
of  your  honorable  Ixxtie-s,  that  a  law  be  passed  desig- 
nating the  thlrtj--soventh  degrt*  of  longitvide  west 
of  Washington  as  tlie  eastern  boundary  line  of  the 
Territory  or  State  of  Nevada^ 

And  your  memorialists,  as  in  duty  bound,  will  ever 
pray. 

Mr.  CHAPIN.  I  offer  that  resolution,  and 
the  memorial  with  it,  and  move  that  they  be 
referred  to  a  special  committee  of  thre<;\ 

The  PRESIDENT.  I  suggest  that  the  gentle- 
man should  move  their  adoption  now,  and 
thus  save  the  necessity  of  delay  by  the  ap- 
pointment of  a  committee.  There  can  be  no 
doubt,  I  think  that  such  would  finally  be  the 
action  of  the  Convention,  if  a  committee  should 
consider  the  subject  and  report  upon  it. 

Mr.  CHAPIN.  AVell.  if  it  is  the  pleiisure  of 
the  Convention.  I  will  make  that  motion. 

Mr.  PROCTOR.  I  think  the  memorial  had 
better  be  refei'red,  for  the  purpose  of  ascertain- 
ing some  facts  iu  relation  to  the  proposed 
boundary,  and  for  this  reason  :  I  am  under 
the  impression  that  the  change  proposed  would 
take  in  a  large  settlement  now  included  withia 
the  boundaries  of  Utah  Territory,  namely,  what 
is  called  the  Cotton-growing  country.  I  do  not 
think  we  would  care  anvthing  about  that. 

Mr.  KINKEAD.     The^line  runs  west  of  that. 

Mr.  GIBSON.  It  does  not  touch  those  settle- 
ments in  Utah  by  sixty  miles. 

Mv.  COLLINS.  Judge  Ralston  declare<I  em- 
phatically, in  the  last  Convention,  that  the  line 
would  rim  through  a  desert,  but  eastwardly 
from  that  line  the  character  of  the  country,  he 
said,  improved  materially. 

Mr.  LOCKWOOD.  I  hope  it  will  be  referred 
to  a  committee  to  inquire  whether  it  be  desira- 
ble that  such  action  should  be  taken  by  Con- 
gress. With  all  deference  to  the  gentleman 
from  Storey,  (Mr.  Chapin,)  I  think  that  point 
had  better  be  considered,  because  times  have 
changed  a  good  deal  since  the  Convention  of 
last  year,  and  the  country  has  been  settled  to 
some  extent,  out  that  way.  I  suggest  that  the 
gentleman  from  Lander  (Mr.  Warwick)  should 
be  on  the  committee,  as  he  is  acquainted  with 
the  country. 

The  PRESIDENT.  My  suggestion  was  that 
the  Convention  had  better  act  upon  the  mat- 
ter now,  for  the  reason  that  we  desire  to 
get  through  our  })usiness  .some  time  to-day  or 
to-night.  However,  if  it  is  the  pleasure  of  the 
Convention,  it  may  ha  referred. 

Mr.  CHAPIN.  That  was  my  proposition — to 
refer  it  to  a  committee  of  three,  unless  mem- 
bers prefer  to  act  upon  it  now. 

Mr.  McCLINTON.    I  do  not  see  the  necessity 


21st  day.] 


LEGISLATIVE  DEPARTMENT. 


795 


Weduesday,] 


Collins— President— Hawlet—Kinkead— Banks— DeLong. 


[July  27. 


for  its  reference,  as  the  committee  would  un- 
doubtedly re])ort  it  back  just  as  it  is. 

The  PRESIDENT.  If  there  is  no  objection, 
I  will  put  the  queston  on  the  adoption  of  the 
resolution  and  memorial,  as  read. 

The  question  was  taken,  and  the  resolution 
and  memorial  were  unanimously  adopted. 

Mr.  COLLINS.  How  will  the  memorial  be 
presented  ? 

The  PRESIDENT.  The  resolution  provides 
that  it  shall  be  presented  to  Congress  by  our 
Territorial  Delegate,  or  by  our  Senators  and 
Representative  in  Congress,  in  case  of  our  ad- 
mission as  a  State. 

Mr.  COLLINS.  I  think  the  President  of  the 
Convention  should  appoint  a  committee  to  for- 
ward the  memorial  to  our  Delegate  and  mem- 
bers of  Congress. 

The  PRESIDENT.  The  Secretary  might  be 
instructed  to  forward  copies  of  the  resolution 
and  memorial  to  them. 

Mr.  COLLINS.  I  will  make  that  motion- 
that  the  Secretary  furnish  a  copy  of  the  resolu- 
tion and  memoral  to  our  Delegate,  and  also  to 
each  of  our  Senators  and  Representative  in 
Congress,  in  the  event  of  the  adoption  of  the 
Constitution. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

ENROLLMENT. 

Mr.  HAWLEY.  I  desire  to  make  an  addi- 
tional report  from  the  Committee  on  Enroll- 
ment. The  report  merely  specifies  certain 
changes  suggested  by  the  Committee  as  neces- 
sary to  be  made  in  various  articles  as  enrolled, 
and  in  order  to  save  time,  I  suggest  that  the 
reading  be  dispensed  with,  and  the  amend- 
ments can  be  acted  upon  when  they  are  reached 
in  their  order  on  the  final  revision.  I  will  state 
further,  that  some  changes  appear  to  be  neces- 
sary in  the  article  on  Judicial  Department,  and 
the  committee  wish  for  further  time  on  that 
article. 

The  PRESIDENT.  If  there  is  no  objection, 
further  time  will  be  granted,  and  the  report 
will  take  the  same  course  as  the  one  previously 
made  ;  that  is,  the  amendments  will  be  consid- 
ered when  the  sections  are  read  on  their  final 
revision. 

FINAL   REVISION — LEGISLATIVE    DEPARTMENT. 

The  Convention  resumed  the  final  reading 
and  revision  of  the  Constitution,  beginning 
with  Section  32  of  Article  IV,  entitled  Legisla- 
tive Department,  which  was  under  considera- 
tion at  the  time  of  the  recess  at  noon. 

The  SECRETARY  again  read  Section  32,  as 

follows  : 

Sec.  32.  The  Legislature  shall  provide  for  the  elec- 
tion by  the  people  of  a  Clerk  of  the  Supremo  Court- 
County  Clerks,  County  Recorders,  who  shall  be  tx.  offi- 
cio County  Auditors,  District  Attorneys,  SheriflTs,  Coun- 
ty Surveyors,  Public  Administrators,  and  other  neces- 
sary officers,  and  fix  by  law  their  duties  and  compensa- 
tion. County  Clerks  shall  be  ex  officio  Clerks  of  the 
Coui-ts  of  Kecord  in  and  for  their  respective  connties. 


Mr.  KINKEAD.  There  was  a  motion  pend- 
ing at  the  time  of  the  recess,  which  was  to  add 
after  ■' Courts  of  Record.''  the  words  "  and  of 
the  Boards  of  County  Commissioners." 

Mr.  BANKS.  I  do  not  see  the  necessity  for 
that.  There  does  not  a])]>ear  now  to  be  any- 
thing prohibiting  the  Hoiinls  of  County  Com- 
missioners from  electing  their  own  Clerks,  and 
if  the  Legislature  shall  think  proper  to  pass  a  law 
giving  them  the  right  to  elect  clerks,  I  do  not 
see  why  they  could  not  elect  a  Deputy,  or  even 
the  Cotmty  Clerk  himself  I  ho])e,  tlierefore, 
the  section  will  be  left  as  it  is,  and  shall  vote 
against  the  amendment. 

Mr.  COLLINS.  In  Storey  County  this  sys- 
tem works  admirably.  It  is  important  that  all 
the  duties  of  this  nature  should  be  brought,  as 
far  as  possi))le,  within  the  range  of  the  duties 
and  responsibilities  of  the  county  officers  regu- 
larly elected,  and  if  we  adopt  a  general  pro- 
vision that  the  County  Clerk  shall  be  made  ex 
officio  Clerk  of  the  Board  of  Supervisors,  there 
is  no  escape  from  the  requirement,  and  we  thtis 
save  a  good  deal  of  legislation,  and  probably 
much  bickering  in  the  future. 

Mr.  DeLONG.  The  gentleman  from  Hum- 
boldt, (Mr.  Banks,)  has  taken  two  or  three  dif- 
ferent tacks  in  opposing  this  small  matter.  He 
says  in  the  first  place  that,  being  the  County 
Cferk,  it  necessarily  follows,  by  implication, 
that  he  must  be  Clerk  of  the  Board  of  Super- 
visors. 

Mr.  BANKS.  The  gentleman  is  entirely  mis- 
taken ;  that  was  the  position  taken  by  another 
gentleman.  I  only  say  in  my  judgment  it  would 
be  wise,  as  a  general  rule,  for  the  County  Com- 
missioners to  select  the  County  Clerk,  or  one  of 
his  deputies,  as  Clerk  of  their  l?oard. 

Mr.  DeLONG.  Then  if  it  is  wise  for  the 
County  Clerk  to  be  Clerk  of  the  Board  of 
County  Commissioners,  it  is  wise  for  us  to  make 
him  such. 

Mr.  BANKS.  It  is  not  necessary  to  provide 
for  it  in  the  Constitution. 

Mr.  DeLONG.  Very  well ;  then  you  would 
have  to  create  a  new  office,  independent  of  that 
of  the  County  Clerk  ;  for  a  nuin  holding  any 
other  office  could  not  be  required  to  perform 
the  service,  and  no  one  could  afford  to  do  it  at 
so  cheap  a  rate  as  the  County  Clerk,  who  has 
the  other  clerical  duties  of  tlie  county  to  per- 
form, 

Mr.  BANKS.  If  there  is  a  majority  in  fiivor 
of  (he  amendment,  I  will  waive  my  objection. 

The  question  was  taken  on  the  amendment 
offered  by  Mr.  Collins,  to  insert  after  •' Courts 
of  Record,"'  the  words,  -and  of  the  Boards  of 
County  Commissioners,''  and  Mr.  Banks  alone 
voted  no. 

Mr.  B.VNKS.    I  will  waive  my  objection. 

The  amendment  was  then  unanimously  agreed 
to. 

Sections  33  and  34  were  read,  as  follows  : 

Sec.  33.  The  members  of  the  Legislature  shall  receive 
for  their  ser\ices  a  compensation  to  be  fixed  by  law 
and  paid  out  of  the  public  treasury,  but  no  increase 
of  Buch  compensation  shall  take  effect  during  the  term 


796 


LEGISLATIVE  DEPARTMENT. 


[21st  day. 


Wednesday,]     Banks— President— Collins— Kinkead—Lockwood—Brosnan,  etc.        [July  27. 


for  -which  the  members  of  either  House  shall  have 
been  elected  ;  provided,  that  an  appropriation  may  be 
made  for  the  payment  of  such  actual  exiaeuses  as  the 
members  of  theLegislature  may  incur  for  postage,  ex- 
press charges,  newspapers,  and  stationery,  not  exceed- 
ing the  sum  of  sixty  dollars  for  any  general  or  special 
session,  to  each  member  ;  and  furthermore  provided, 
that  the  Speaker  of  the  Assenibly,  and  Lieutenant 
Governor,  as  President  of  the  Senate,  shall  each,  dur- 
ing the  time  of  their  actual  attendance  as  such  presid- 
ing officers,  receive  an  additional  allowance  of  two 
dollars  per  diem. 

Sec.  34.  In  all  elections  for  United  States  Senators, 
Buch  elections  shall  be  held  in  joint  convention  of  both 
houses  of  the  Legislature.  It  shall  be  the  duty  of  the 
Legislature  which  convenes  next  xireceding  the  expira- 
tion of  the  term  of  such  Senator,  to  elect  his  succes- 
sor. If  a  vacancy  in  such  Senatorial  representation 
from  any  cause  occurs,  it  shall  be  the  duty  of  the  Leg- 
islature then  in  session,  or  at  the  succeeding  session 
thereof,  to  supply  such  vacancy.  If  the  Legislature 
shall  at  any  time,  as  herein  jorovided,  fail  to  unite  in 
a  joint  convention  within  twenty  days  after  the  com- 
mencement of  the  session  of  the  Legislature  for  the 
election  of  such  Senator,  it  shall  be  the  duty  of  the 
Governor,  by  iiroclamation,  to  convene  the  two  houses 
of  the  Legislature  in  joint  convention,  within  not  less 
than  five  days  nor  exceeding  ten  days  from  the  publi- 
cation of  his  proclamation,  and  the  joint  convention, 
when  so  assembled,  shall  proceed  to  elect  the  Senator 
as  herein  provided. 

Mr.  BANKS.  I  suggest  that  we  change  that 
word  "  occurs,"  to  "  occur,"  in  the  section  last 
read,  so  as  to  read  :  "  If  a  vacancy  in  such 
Senatorial  representation  from  any  cause  occur, 
it  shall  be  the  duty,"  and  so  on.  Being  in  the 
subjunctive  mood  it  should  take  the  singular 
form. 

The  PRESIDENT.  If  there  is  no  objection, 
the  Secretary  will  make  that  verbal  correction, 
by  erasing  the  letter  s. 

Section  35  was  read,  as  follows  : 

Sec.  35.  Every  biU  which  may  have  passed  the  Leg- 
islature, shall,  before  it  becomes  a  law,  be  presented 
to  the  Governor.  If  he  approve  it,  he  shall  sign  it  ; 
but  if  not,  he  shall  return  it,  with  his  objections,  to  the 
House  in  which  it  originated,  which  shall  enter  such 
objections  upon  the  journal,  and  proceed  to  reconsider 
it.  If,  after  such  reconsideration,  it  again  pass  both 
Houses  by  ayes  and  noes,  by  a  vote  of  two-thirds  of 
the  members  elected  to  each  House,  it  shall  become  a 
law,  notwithstanding  the  Governor's  objections.  If 
any  bill  shall  not  be  returned  within  five  days  after  it 
has  been  presented,  (Sunday  excepted,)  exclusive  of 
the  day  on  which  he  received  it,  the  same  shall  be  a 
law,  in  like  manner  as  if  he  had  signed  it,  unless  the 
Legislature,  by  its  final  adjournment,  prevent  such  re- 
turn, in  which  case  it  shall  be  a  law,  unless  the  Gov- 
ernor, within  ten  days  next  after  the  adjournment, 
(Sundays  excepted,)  shall  file  such  bill,  with  his  objec- 
tions thereto,  in  the  office  of  the  Secretary  of  State, 
who  shall  lay  the  same  before  the  Legislature  at  its 
next  session,  in  like  manner  as  if  it  had  been  returned 
by  the  Governor  ;  and  if  the  same  shaU  receive  the 
vote  of  two-thirds  of  the  members  elected  to  each 
branch  of  the  Legislature,  upon  a  vote  taken  by  ayes 
and  noes,  to  be  entered  upon  the  journals  of  each 
House,  it  shall  become  a  law. 

Mr.  BANKS.  The  words  "  ayes  and  noes  " 
occur  twice  in  this  section  ;  they  should  be 
changed  to  "  yeas  and  nays." 

The  PRESIDENT.  I  think  it  is  correct  to 
say  "  ayes  and  noes." 

Mr.  COLLINS.  That  correction  has  been 
made  herc'tofore. 

The  PRESIDENT.  The  words  "ayes  and 
noes"  were  used  in  the  old  Constitution,  all 
through. 


Mr.  KINKEAD.  But  the  gentleman  from 
Storey,  (Mr.  DeLong,)  this  forenoon  objected 
that  the  language  did  not  read  well,  where  it 
said  the  ayes  and  noes  of  each  member  should 
be  entered  upon  the  journal.  I  will  move  to 
make  Jhe  change. 

Mr.  COLLINS.  Is  it  necessary  to  blot  up 
these  sheets  for  the  sake  of  making  so  slight  an 
alteration  ? 

The  PRESIDENT.  I  like  the  phraseology 
better  ;  if  there  is  no  objection,  the  amendment 
will  be  made. 

Mr.  LOOKWOOD.  Unless  somebody  can 
give  a  good  reason  for  the  change,  I  rather  feel 
disposed  to  object.  It  is  certainly  fully  as  pro- 
per to  use  the  words  "  ayes  and  noes,"  and  I 
believe  those  are  the  words  Utid  down  by  par- 
liamentarians. 

Mr.  COLLINS.  I  think  it  is  merely  a  matter 
of  choice  ;  sometimes  they  say  "  ayes  and  noes," 
and  sometimes  "  yeas  and  nays." 

Mr.  BANKS.  When  the  word  "  aye"  is  used, 
"no"  should  be  coupled  with  it.  It  would  be 
a  mongrel  sort  of  way  to  say  "  ayes  and  nays," 
or  "  yeas  and  noes."  But  inasmuch  as  we  have 
made  the  change  heretofore,  I  hope,  for  the  sake 
of  uniformity,  it  will  be  done  in  this  instance. 

Mr.  BROSNAN.  I  see  the  term  used  in  a 
manual  here  is  "  ayes  and  noes." 

Mr.  DeLONG.  No  doubt  they  are  synonym- 
ous terms. 

Mr.  COLLINS.  We  have  scriptural  authority 
for  the  change  :  "  Let  your  communication  be 
yea,  yea,  and  nay,  nay."     [Merriment.] 

Mr.  BANKS.  I  suppose  there  is  no  differ- 
ence in  the  meaning,  as  the  terms  are  generally 
used  and  understood.  We  may  adopt  which- 
ever form  we  choose,  but  that  which  we  begio 
with  we  should  carry  through  the  whole  instru- 
ment. 

Mr.  COLLINS.  The  term  "  yeas  and  nays  " 
is  used  in  the  California  Constitution.  In  the 
Legislature  of  that  State  the  "  yeas  and  nays  " 
are  required  to  be  taken  at  the  desire  of  any 
three  members  present. 

The  PRESIDENT.  Is  there  any  objection  to 
the  proposed  alteration  ? 

Mr.  COLLINS.  I  believe  it  was  a  personal 
matter  with  the  President  jiro  tern,  this  morning. 
He  objected  to  having  his  nose  go  on  the  rec- 
ord.    [Laughter.] 

Mr.  DeLONG.  The  same  alteration  was 
made  in  several  instances  this  morning — as 
long  as  I  was  in  the  chair. 

The  PRESIDENT.  I  think  we  had  better 
make  the  change,  then,  to  preserve  the  uniform- 
ity of  the  instrument. 

Mr.  LOCKWOOD.  I  withdraw  my  objec- 
tion. 

Mr.  MURDOCK.  My  father  belonged  to  the 
Society  of  Friends,  and  as  I  was  taught  "  yea" 
and  "  nay"  from  my  infancy,  I  prefer  it. 

The  amendment  to  strike  out  "  ayes  and 
noes,"  and  insert  instead  "  yeas  and  nays,"  was 
agreed  to  by  unanimous  consent. 

Mr.  KINKEAD.    I  have   an  amendment  t» 


21st  day.] 


EXECUTIVE  DEPARTMENT. 


191 


Wednesday,]  DeLong — Kikkead — Banks — Brosnajj — Hawley—Chapin— President.    [July  27. 


oflFer.  In  the  first  part  of  the  section  it  now 
reads :  "  If  he  approve  it,  he  shall  sign  it,  but 
if  not,  he  shall  return  it,  with  his  objections,  to 
the  House  in  which  it  originated,  which  shall 
enter  such  objections  upon  the  journal  and  pro- 
ceed to  reconsider  it." 

Mr.  DeLONG.  It  should  be  "  which  House 
shall  cause  such  objections  to  be  entered." 

Mr.  KINKEAD.  I  move  to  amend  that  lan- 
guage so  as  to  read  :  "  which  House  shall  cause 
such  objections  to  be  entered  upon  its  journal." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  BANKS.  In  the  first  sentence  it  says  : 
"  shall,  before  it  becomes  a  law."  I  wish  the 
gentleman  from  Storey  (Mr.  Brosnan)  would 
look  at  that.  It  appears  to  me  that  the  word 
"  become,"  would  be  preferable  to  "  becomes." 
I  suggest  that  we  strike  off"  the  s,  so  that  it  will 
read  "  Every  bill  which  may  have  passed  the 
Legislature,  shall,  before  it  become  a  law,  be 
presented  to  the  Governor,"  etc. 

Mr.  PROCTOR.  I  object.  That  may  be 
grammatical,  but  it  does  not  seem  so  to  me. 

Mr.  BROSNAN.  If  we  make  that  change,  I 
think  it  will  be  necessary  to  use  the  word 
"  shall "  again.  In  my  judgment,  it  is  right 
now. 

Mr.  BANKS.  I  do  not  think  so,  but  I  will 
withdraw  the  amendment. 

enrollment — AGAIN. 

Mr.  HAWLEY.  I  have  a  final  report  to 
make  from  the  Committee  on  Enrollment.  The 
committee  recommend  certain  erasures  and 
amendments  in  Article  VI,  entitled  Judicial 
Department,  to  which  attention  will  be  called 
as  each  section  is  read  on  the  final  revision  ; 
and  the  committee  ask  to  be  discharged  from 
further  service,  as  that  finishes  our  labors,  so  far 
as  we  are  advised. 

Mr.  BANKS.  I  hope  the  committee  will  not 
be  discharged.  Its  duties  will  only  expire 
when  the  Convention  adjourns  finally,  as  it  is 
one  of  the  standing  committees.  It  may  possi- 
bly have  some  other  work  yet. 

The  question  was  taken  on  discharging  the 
committee,  and  it  was  not  agreed  to. 

The  PRESIDENT.  If  there  is  no  objection, 
the  report,  instead  of  being  read  now,  will  take 
the  same  course  as  those  previously  made. 

execdtive  department. 

.  The  Convention  took  up,  on  its  final  i-eading 
and  revision,  Article  V,  entitled  Executive  De- 
partment. 

The  SECRETARY  read  Sections  1  to  i,  in- 
clusive, as  follows : 

Section  1.  The  supreme  Executive  power  of  this 
State  shall  be  vested  in  a  Chief  Magistrate,  who  shall 
be  Governor  of  the  State  of  Nevada. 

Sec.  2.     The  Governor  shall  be  elected  by  the  quali- 
fied electors  at  the  time  and  place  of  voting  for  mem- 
bers of  the  Legislature,  and  shall  hold  his  office  for 
I    four  years  from  the  time  of  his  installation,  and  until 
I    his  successor  shall  be  qualified. 
I       Sec.  3.    No  person  shall  be  eligible  to  the  office  of 


Governor  who  is  not  a  quaUfied  elector,  and  who,  at 
the  time  of  such  election,  has  not  attained  the  age  of 
twenty-five  years;  and  who,  except  at  the  first  election, 
under  this  Constitution,  shall  not  have  been  a  citizen 
resident  of  this  State  for  two  years  next  preceding  the 
election. 

Sec.  4.  The  returns  of  every  election  for  Governor, 
and  other  State  officers  voted  for  at  the  general  elec- 
tion, shall  be  sealed  up  and  transmitted  to  the  seat  of 
Government,  directed  to  the  Secretary  of  State,  and 
on  the  third  Monday  of  December  succeeding  such 
election,  the  Chief  Justice  of  the  Supreme  Court  and 
the  Associate  Justices,  shall  meet  at  the  office  of  the 
Secretary  of  State  and  open  and  canvass  the  election 
returns  for  Governor  and  all  other  State  officers,  and 
forthwith  declare  the  result  and  publish  the  names  of 
the  candidates  elected.  The  persons  having  the  high- 
est number  of  votes  for  the  respective  offices  shall  be 
declared  elected,  but  in  case  any  two  or  more  have  an 
equal,  and  the  highest  number  of  votes  for  the  same 
office,  the  Legislature  shall  by  joint  vote  of  both  Houses, 
elect  one  of  said  persons  to  till  said  office. 

Mr.  CHAPIN.  Would  it  not  read  a  little 
better,  in  Section  4.  to  say — "  and  publish  the 
names  of  the  persons  elected,"  instead  of  "  can- 
didates"' elected?  I  move  to  substitute  the 
word  '•  persons  "  for  •'  candidates." 

Mr.  DeLONG.  It  makes  no  difl'erence,  I 
think  ;  it  is  merely  a  question  of  taste. 

The  amendment  was  adopted  by  unanimous 
consent. 

The  PRESIDENT.  My  colleague  (Mr.  Kin- 
kead)  has  pointed  out  another  difficulty  in  the 
same  section,  namely,  that  it  would  require  the 
presence  of  each  one  of  the  three  Supreme 
Court  Judges,  or  in  the  event  of  an  increase  such 
as  has  been  authorized,  the  presence  of  all  the 
five  Judges  of  the  Supreme  Court.on  the  day  spe- 
cified, to  render  the  canvass  valid.  I  suggest 
whether  it  would  not  be  better  to  give  the 
power  of  canvassing  to  a  majority,  as  there 
might,  very  likely,  be  circumstances  preventing 
the  entire  number  of  Judges  from  being  in 
attendance. 

Mr.  KINKEAD.  I  only  ask  if  the  section 
would  not  have  that  eff"ect,  or  if  it  would  not 
be  so  construed  ? 

The  PRESIDENT.  It  is  clear,  in  my  opinion, 
that  such  is  the  proper  construction. 

Mr.  KINKEAD.  Then  I  move  to  amend  the 
section  by  inserting,  after  "Associate  Justices," 
the  words  "  or  a  majority  thereof." 

The  amendment  was  adopted  by  unanimous 
consent. 

Sections  5  to  9,  inclusive,  were  read,  as  fol- 
lows : 

Sec.  5.  The  Governor  shall  be  Commander-in-Chief 
of  the  military  forces  of  this  State,  except  when  they 
shall  be  called  into  the  service  of  the  United  States. 

Sec.  6.  He  shall  transact  all  executive  business  with 
the  officers  of  the  Government,  civil  and  military,  and 
maj'  require  information  in  writing  from  the  officers 
of  the  Executive  Department,  upon  any  subject  relat- 
ing to  the  duties  of  their  respective  offices. 

Sec.  7.  He  shall  see  that  the  laws  are  faithfully  exe- 
cuted. 

Sec.  8.  Wlien  any  office  shall,  from  any  cause,  be- 
come vacant,  and  no  mode  is  provided  by  the  Constitu- 
tion and  laws  for  filling  such  vacancy,  the  Governor 
shall  have  the  power  to  flU  such  vacancy  by  granting  a 
commission,  which  shall  expire  at  the  next  election  and 
qualification  of  the  person  elected  to  such  ol6ce. 

Sec.  9.    The  Governor  may,  on  extraordinary  occa- 


798 


EXECUTIVE  DEPAETMEXT. 


[21st  day. 


Wednesday.] 


Collins — Banks — ^Pkesident — Hawley — McClixtox. 


[July  27 


Bions,  coDTene  the  Legislatare  by  a  proclamation,  and  [ 
shall  state  to  both  Houses,  when  organized,  the  pur- 
pose for  which  they  have  been  convened,  and  the  Leg- 
islature shall  transact  no  legislative  business  except 
that  for  which  they  were  specially  convened,  or  such 
other  legislative  business  as  the  Governor  may  call  to 
the  attention  of  the  Legislature  while  in  session. 

Mr.  COLLINS.  In  the  second  line  of  Section 
9,  the  word  ■■  a."  before  •■  proclamation."  I  sug- 
gest, is  superfluous.  I  will  move  that  it  be 
stricken  out,  so  as  to  read  :  ■■  The  Governor 
may.  on  extraordinary  occasions,  convene  the 
Legislature  by  proclamation."' 

The  amendment  was  agreed  to  by  unanimous ! 
consent. 

Sections  10  to  13,  inclusive,  were  read,  as 
follows :  I 

Sec.  10.  He  shall  communicate,  by  message,  to  the 
Le<nslature,  at  every  regular  session,  the  condition  of 
the"  State,  and  recommend  such  measures  as  he  may 
deem  expedient. 

Sec.  11.  In  case  of  a  disagreement  between  the  two  ! 
Houses  with  respect  to  the  time  of  adjournment,  the  ' 
Grovemor  shall  have  power  to  adjourn  the  Legislatiire 
to  such  time  as  he  may  think  proper;  provided,  it  be  \ 
not  beyond  the  time  fixed  for  the  meeting  of  the  next : 
Legislature. 

Sec.  12.  Xo  person  shall,  while  holding  any  orttce  | 
under  the  Tnited  States  Government,  hold  the  oface  of  i 
Governor,  except  as  herein  expressly  proi,-ided.  | 

Sec.  13.  The  Governor  shall  have  the  power  to  sus- 
pend the  collection  of  fines  and  forfeitures,  and  grant 
reprieves  for  a  period  not  exceeding  sixty  days  dating 
from  the  time  of  conviction,  for  all  ofl'enses,  except  in 
cases  of  impeachment.  Upon  conviction  for  treason, 
he  shall  have  power  to  suspend  the  execution  of  the 
sentence  until  the  case  shall  be  reported  to  the  Legis- 
lature at  its  next  meeting,  when  the  Legislature  shaU 
either  pardon,  direct  the  execution  of  the  sentence,  or 
grant  a  further  reprieve.  -Vnd  if  the  Legislature  should 
fail  or  refuse  to  make  final  disposition  of  such  case, 
the  sentence  shall  be  enforced  at  such  time  and  place 
as  the  Governor  by  his  order  may  direct.  The  Gover- 
nor shall  communicate  to  the  Legislature,  at  the  begin- 
ning of  every  session,  every  case  of  fine  or  forfeiture 
renutted,  or  reprieve,  pardon,  or  commutation  granted, 
stating  the  name  of  the  convict,  the  crime  of  w'mch  ne 
was  convicted,  the  sentence,  its  date,  and  the  date  of 
the  remission,  conmiutation,  pardon,  or  reprieve. 

Mr.  COLLINS.  I  suggest  whether,  in  the 
third  line  from  the  bottom  of  Section  13,  the 
word  ■•  for  "  would  not  read  better  than  ••  of." 
Then  it  would  read,  "  the  crime  for  which  he 
was  convicted." 

Mr.  BANKS.  It  seems  to  me  we  changed 
that  once. 

The  PRESIDENT.  I  think  the  word  "  of,"  is 
right.  A  man  is  convicted /or  killing  some- 
body, for  instance,  but  that  constitutes  the 
crime  of  murder. 

Mr.  COLLINS.    Very  well. 

Sections  14  to  19,  inclusive,  were  read,  as  fol- 
lows : 

Sec.  14.  The  Governor,  Justices  of  the  Supreme 
Court,  and  .\ttomey-General,  or  a  major  part  of  them, 
of  whom  the  Governor  shall  be  one,  may,  upon  such 
conditions  and  with  such  limitations  and  restrictions 
as  thev  may  think  proper,  remit  fines  and  forfeitures, 
commute  punishments,  and  grant  pardons  after  con- 
victions, in  all  cases,  except  treason  and  impeachments, 
subject  to  such  regulations  as  may  be  provided  by  law, 
relative  to  the  manner  of  applying  for  pardons. 

Sec  15.  There  shall  be  a  seal  of  this  State,  which 
shall  be^ept  by  the  Governor  and  used  by  him  offi- 
cially, and  shall  be  called  "  the  Great  Seal  of  the  State 
of  Nevada."  1 


Sec.  16.  All  grants  and  commissions  shall  be  in  the 
name  and  by  the  authority  of  the  State  of  Nevada, 
sealed  with  the  Great  Seal  of  the  State,  signed  by  the 
Governor,  and  coimtersigned  by  the  Secretary  of  State. 

Sec.  17.  A  Lieutenant-Governor  shall  be  elected  at 
the  same  time  and  places,  and  in  the  same  manner  as 
the  Governor,  and  his  term  of  office,  and  his  eligibility, 
shall  also  be  the  same.  He  shall  be  President  of  the 
Senate,  but  shall  only  have  a  casting  vote  therein.  If 
during  a  vacancy  of  the  office  of  Governor,  the  Lieu- 
tenant-Governor shall  be  impeached,  displaced,  resign, 
die,  or  become  incapable  of  performing  the  duties  of 
the  office,  or  be  absent  from  the  State,  the  President 
pro  tempore  of  the  Senate  shall  act  as  Governor,  until 
the  vacancy  be  filled,  or  the  disability  cease. 

Sec.  18.  In  case  of  the  impeachment  of  the  Gover- 
nor, or  his  removal  from  office,  death,  inability  to  dis- 
charge the  duties  of  the  said  of&ce,  resignation,  or 
absence  from  the  State,  the  powers  and  duties  of  the 
office  shall  devolve  upon  the  Lieutenant-Governor  for 
the  residue  of  the  term,  or  until  the  disabUity  shall 
cease.  But  when  the  Governor  shall,  with  the  consent 
of  the  Legislature,  be  out  of  the  State  in  time  of  war, 
and  at  the  head  of  any  military  force  thereof,  he  shall 
continue  Commander-in-Chief  of  the  mihtary  force  of 
the  State. 

Sec.  19.  A  Secretary  of  State,  a  Treasurer,  a  Con- 
troller, a  Surveyor-General,  and  an  Attorney-General, 
shall  be  elected  at  the  time  and  places,  and  in  the  same 
manner  as  the  Governor.  The  term  of  office  of  each 
shall  be  the  same  as  is  prescribed  for  the  Governor. 
Any  elector  shall  be  eUgible  to  either  of  said  offices. 

Mr.  BANKS.  In  some  of  the  engrossed  cop- 
ies we  find  that  word  "  controller "  spelled 
•'  comptroller^  That  is  an  error  not  likely  to 
be  detected  from  the  reading,  but  I  hope  the 
Secretarv  will  see  that  it  is  corrected. 

Mr.  HAWLEY.  The  Enrolling  Clerk  will 
correct  it. 

Sections  20  and  21  were  read,  as  follows  : 

Sec.  20.  The  Secretary  of  State  shall  keep  a  true 
record  of  the  official  acts  of  the  legislative  and  execu- 
tive departments  of  the  government,  and  shall,  when 
required,  lay  the  same,  and  all  naatters  relative  thereto, 
before  either  branch  of  the  Legislature. 

Sec  21.  The  Governor,  Secretary  of  State,  and  At- 
torney General,  shall  constitute  a  Board  of  State  Prison 
Commissioners,  which  Board  shall  have  such  super- 
vision of  all  matters  connected  with  the  State  Prison 
as  may  be  provided  by  law.  They  shall  also  constitute 
a  "Board  of  Examiners,"  with  power  to  examine  all 
claims  agaiust  the  State,  (except  salaries  or  compensa- 
tion of  officers  fixed  by  law,)  and  perform  such  other 
duties  as  may  be  presribed  by  law.  And  no  claim 
against  the  State,  (except  salaries  or  compensation  of 
officers  fixed  by  law,)  shall  be  passed  upon  by  the  Leg- 
islature without  having  been  considered  and  acted 
upon  by  said  "Board  of  Examiners." 

Mr.  BANKS.  I  observe  that  the  words 
"  Board  of  Examiners  -'  are  placed  within  qno- 
tation  marks.  I  do  not  see  any  propriety  in 
that,  and  I  move  to  strike  out  the  quotation 
marks. 

The  PRESIDENT.  If  there  is  no  objection, 
the  Secretary  will  make  the  correction. 

Section  22'  was  read,  as  follows  : 

Sec.  22.  The  Secretary  of  State,  State  Treasurer, 
State  Controller,  Surveyor  General,  Attorney  General, 
and  Superintendent  of  Public  Instruction,  shall  per- 
form such  other  duties  as  may  be  prescribed  by  law. 

Mr.  COLLINS.  What  is  the  value  of  that 
word  "  State,"  before  '•  Treasurer  "  and  "  Con- 
troller?" I  am  not  able  to  see  the  use  of  it, 
although  I  believe  the  word  is  used  elsewhere 
in  the  same  connection. 

Mr.  McCLINTON.    It  is  the  customary  form. 


21st  day.] 


JUDICIAL  DEPARTMENT. 


199 


Wednesday,]      Banks— CoLLLixs—KiXKKAD—PKEsroEST—CHAPiN—WAKmcK.  etc.        [July  27. 


The  Controller  signs  as  "  Controller  of  State,"  1 
or  ••  State  Controller." 

Mr.    BANKS.      I    suppose  the    designation ' 
serves   to  distinguish  them  from  the   county 
oflSc«rs  of  the  same  name. 

Mr.  COLLINS.  Then,  why  not  say  "  Super- 
intendent of  Public  Listruetion  of  the  State  of 
Nevada."  in  order  to  distinguish  that  officer 
from  County  Superintendents?  It  occurs  to 
me  that  it  is  just  as  necessary.  I  will  offer  no 
amendment,  however. 

JUDICIAL   DEPARTMEXT. 

The  Convention  took  up.  on  its  final  reading 
and  revision  Aiticle  VI.  entitled  Judicial  De-  \ 
partment.  i 

Mr.  KINKEAD.     This  article  has  heretofore 
been  headed  ••  Judicial  Department."  but  as  en- 1 
rolled   it  is  headed  "Judiciary."     I  move   to 
amend,  by  striking  out  -  Judiciary  "  and  in- ! 
serting  ••  Judicial  Departanent,"  as  the  title  of , 
the  article. 

By  unanimous  consent  the  amendment  was  ' 
agreed  to.  and  the  Secretary  was  instructed  to  ; 
make  the  alteration.  j 

The   PRESIDENT.    Probably  it  will  be  the  i 
better  way  to  read  the  report  of  the  Commit- 
tee on  Enrollment  on  this  article,  before  pro- 
ceeding with  the  reading  of  the  article  itself,  i 
That  will  call  the   attention  of  members  to  the  i 
amendments  which'  are  necessary  to  be  made. 
If  there  is  no  objection,  the  Secretary  will  read 
the  report.  i 

The  SECRETARY  read  the  report,  as  fol- 
lows : 

To  the  President  of  the  OmstUutional  Convention: 

The  Committee  on  Enrollment  beg  leave,  respect- 
fully, to  rei)ort  that  thev  have  examined  Article  VI,  of 
the  Constitution,  and  report  the  same  as  enrolled,  but 
recommend  the  following  erasures  and  amendments, 
to  wit; 

1.  To  substitute  the  words  "Judicial  Department," 
for  "-Judiciary,"  as  title  for  Article  Vl. 

2.  To  insert  the  word  "additional,"  between  the 
words  "  two"  and  "associate,"  in  the  third  line  of  Sec- 
tion 2,  Article  Xl. 

3.  To  strike  out  the  words  "  on  questions  of  law 
alone,"  where  they  occur  in  the  fifth  line  of  Section  i. 
Article  Yl. 

i.  To  insert  the  word  "to,"  between  the  words 
"possession"  and  "or,"  in  the  second  line  of  Section 
4,  Article  Vl. 

5.  To  insert  the  word  "such,"  between  the  words 
"no"  and  "change,"  in  the  ninth  Une  of  Section  5, 
Article  VI. 

6.  To  insert  the  word  "  to, "  between  the  words  ' '  pos- 
session" and  "  or,"  in  the  third  line  of  Section  6,  Arti-  : 
cle  VI. 

7.  To  insert  the  word  "shall,"  between  the  words 
"also"  and  "have,"  in  the  twelfth  line  of  Section  6, 
Article  VI. 

8.  To  insert  the" word  "powers,"  between  the  words 
"their"  and  "duties;"  and  the  words  "and  responsi- 
bilities." between  the  words  "duties"  and  "provi- 
ded," in  the  second  line  of  Section  8,  Article  VI. 

9.  To  sti-ike  out  the  letter  "a,"  where  it  occurs  in  the 
first  line  of  Section  10,  Article  VI,  and  to  add  the  let- 
ter "s,"  to  the  words  "Justice"  and  "Kecorder,"  in 
the  same  line. 

Your  committee  would  respectfully  recommend  the 
adoption  of  Article  VI,  as  proposed  to  be  amended, 
and  ask  to  be  discharged  from  further  duty. 

All  of  which  is  respectfully  submitted. 

A.  X.  £Uwx£x,  Chairman. 


[Mr.  Brosxax  in  the  chair.] 

The  PRESIDENT  pro  tern.  I  suggest  that  it 
would  be  better  to  act  upon  each  of  these 
amendments  separately,  as  there  is  a  large 
number  of  them  of  a  n'lerely  verbal  character. 

3Ir.  CHAPIN.  Let  the  chairman  of  the  En- 
rolling Committee  take  the  report  and  move 
the  amendments  as  each  section  is  read. 

Mr.  KINKEAD.  I  would  further  remark  that 
these  errors  arose  for  the  most  part  in  conse- 
quence of  the  Enrolling  Clerk  having  been 
furnished  with  an  incorrect  copy  of  the  article 
as  passed. 

Mr.  HAWLEY.  I  will  take  the  report,  and 
as  each  section  is  read  will  offer  the  amend- 
ments recommended  by  the  committee. 

LEAVE   OF  ABSENCE. 

Mr.  WARWICK.  In  consequence  of  pres- 
sing business,  which  calls  me  to  California  im- 
mediately, I  desire  to  be  excused  from  further 
attendance  on  the  Convention. 

Mr.  CHAPIN.  I  beg  the  gentleman  not  to 
leave  us  ;  we  shall  find  om-selves  without  a 
quorum. 

Mr.  W.VRWICK.  It  is  business  of  such  a 
character  that  great  pecuniary  loss  is  involved 
if  not  attended  to.  I  would  not  ask  it  if  it 
were  not  a  matter  of  great  importance  to  me. 

The  question  was  taken,  and  leave  of  ab- 
sence was  granted  to  Mr.  Warwick,  in  accord- 
ance with  his  request. 

JTOICIAL  DEPARTMENT — ACtAIN. 

[Mr.  Collins  in  the  chair.] 

The  Convention  proceeded  with  the  final 
reading  and  revision  of  Article  VI,  entitled 
Judicial  Department. 

The  SECRETARY  read  Section  1.  as  follows  : 

Section  1.  The  judicial  power  of  this  State  shall  be 
vested  in  a  Supreme  Court,  District  Courts,  and  in  Jus- 
tices of  the  Peace.  The  legislature  may  also  establish 
Courts,  for  municipal  purposes  only,  iii  incorporated 
cities  and  towns. 

Mr.  BANKS.  I  would  like  to  know  how  the 
word  "  only "  happened  to  get  in  there  ?  I 
suggest  that  the  word  "  alone  "  would  be  bet- 
ter than  "  only."  It  looks  very  awkward  in  the 
printed  copv. 

I  Mr.  PROCTOR.  It  is  intended  to  authorize 
}  such  courts.  "  only  "  in  incorporated  cities  and 
towns.  It  is  to  prevent  their  establishment  in 
the  rural  districts. 

Mr.  KINKEAD.  That  is  the  idea—-'  for  mu- 
nicipal purposes  onlv." 

Mr.  PROCTOR.     That  is  the  way  it  reads. 

Mr.  BANKS.  I  will  not  make  a  motion,  pro- 
vided a  good  large  comma  is  written  after  the 
word  "  only." 

call   of  the   H0C3E. 

Mr.  DeLONG.  I  move  a  call  of  the  House. 
We  have  now  but  just  twenty  members  pres- 
ent, and  I  have  some  important  business 
which  calls  me  out.  There  are  several  mem- 
bers in  town  who  do  not  attend,  and  I  think  it 


800 


JUDICIAL  DEPARTMENT. 


[21st  day. 


Wednessday,] 


Parker— Chapin — Hawley — Johnson— Kinke  ad. 


[July  27. 


is  rather  rough  to  require  some  of  us  to  stay 
here  and  work  all  the  time,  while  others  are 
allowed  to  go  about  their  business. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

The  roll  was  called,  and  the  following  mem- 
bers responded  to  their  names  :  Messrs.  Banks, 
Belden,  Brosnan,  Chapin,  Collins,  Crawford, 
Crosman,  DeLong,  Folsom,  Gibson,  Hawley, 
Kinkead,  Lockwoo:l,  Mason,  McClinton.  Mur- 
dock,  Parker,  Proctor,  Tagliabue,  Wetherill, 
and  Mr.  President.    Present,  21 ;  absent  18. 

The  Sergeant-at-Arms  was  directed  to  ar- 
rest and  bring  in  the  absentees. 

Mr.  PARKER  stated  that  his  colleague,  Mr. 
Kennedy,  was  unwell,  and  Mr.  Kennedy  was 
thereupon  excused. 

Mr.  CHAPIN.  It  is  stated  that  there  are  none 
of  the  absent  members  in  town,  other  than  those 
who  have  leave,  or  are  sick,  except  the  gentle- 
man from  Washoe,  (Mr.  Nourse.)  and  as  we  have 
now  more  than  a  quorum,  I  move  that  further 
proceedings  under  the  call  be  dispensed  with, 
so  that  we  can  proceed  with  the  reading.  The 
Sergeant-at-Arms  can  doubtless  bring  in  the 
absent  members  at  any  time. 

The  question  was  taken,  and  the  motion  was 
agreed  to. 

JUDICIAL   DEPARTMENT — AGAIN. 

The  Convention  resumed  the  final  reading 
and  revision  of  Article  VI,  entitled  Judicial 
Department. 

Section  2  was  read,  as  follows  : 

Sec.  2.  The  Supreme  Court  shall  consist  of  a  Chief 
Justice  and  two  associate  Justices,  a  majority  of  whom 
shall  constitute  a  quorum  ;  provided,  that  the  Legisla- 
ture, by  a  majority  of  all  the  members  elected  to  each 
branch  thereof,  may  provide  for  the  election  of  two 
associate  Justices,  and  if  so  increased,  three  shall  con- 
stitute a  quorum.  The  concurrence  of  a  majority  of 
the  whole  Court  shall  be  necessary  to  render  a  decis- 
ion. 

Mr.  HAWLEY.  The  Committee  on  Enroll- 
ment recommend  the  insertion  of  the  word 
"  additional,'"  so  as  to  read,  "  may  provide  for 
the  election  of  two  additional  Associate  Jus- 
tices." It  is  an  accidental  omission  in  the  en- 
rollment. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Section  3  was  read,  as  follows  : 

Sec.  3.  The  Justices  of  the  Supreme  Court  shall  be 
elected  by  the  qualified  electors  of  the  State  at  the 
general  election,  as  provided  by  law,  and  shall  hold 
office  for  the  term  of  six  years  from  and  including  the 
first  Monday  of  January  next  succeeding  their  election ; 
provided,  that  there  shall  be  elected  at  the  first  elec- 
tion under  this  Constitution,  three  Justices  of  the  Su- 
preme Court,  who  shall  hold  office  from  and  including 
the  first  Monday  of  December,  A.  D.  1864,  and  continue 
in  office  thereafter  two,  four,  and  six  years  respectively, 
from  the  first  Monday  of  January  next  succeeding  their 
election.  They  shall  meet  as  soon  as  practicable  after 
their  electioiiand  qualification,  and  at  their  first  meet- 
ing shall  classify  tliemsi-lvcB,  and  ditcrmine  by  lot  the 
term  of  office  each  shall  fill,  and  tlie  Justice  drawing 
the  shortest  term  shall  be  Chief  Justice,  and  after  the 
expiration  of  his  term,  the  one  having  the  next  short- 
est term  shall  be  Chief  Justice,  after  which  the  senior 


Justice  in  commission  shall  be  Chief  Justice.  And  in 
case  the  commission  of  any  two  or  more  of  said  Jus- 
tices shall  bear  the  same  date,  they  shall  determine  by 
lot  who  shall  be  Chief  Justice. 

[Mr.  Brosnan  in  the  chair.] 

Mr.  JOHNSON.  What  is  the  necessity  of 
those  words  in  the  first  clause — "  as  provided 
by  law?"  We  elsewhere  require  that  the  gen- 
eral election  shall  be  provided  for  by  law,  and 
I  ask  if  those  words — "  as  provided  by  law  " — 
have  any  pertinency  whatever  in  this  connec- 
tion ? 

The  PRESIDENT  pro  tern.  1  think  it  is  very 
clear  that  they  are  not  necessary. 

Mr.  JOHNSON.  They  appear  to  be  entirely 
superfluous.  I  move  to  amend  the  section  by 
striking  out  the  words  "  as  provided  by  law." 

The  amendment  was  adopted  by  unanimous 
consent. 

The  Sergeant-at-arms  reported  that  Mr. 
Nourse  was  present,  and, 

On  motion  of  Mr.  CHAPIN,  he  was  admitted 
and  took  his  seat. 

Mr.  KINKEAD.  I  suggest  that  the  words, 
"  classify  themselves,"  in  this  section,  are  un- 
necessary. If  the  Justices  determine  their  re- 
spective terms  of  office  by  lot,  I  imagine  that 
will  be  sufficient  classification. 

Mr.  JOHNSON.  If  my  colleague  will  offer 
an  amendment  to  strike  out  those  words,  I  Will 
second  it. 

Mr.  KINKEAD.  I  move  to  strike  out  the 
words  "  classify  themselves,  and." 

The  amendment  was  adopted  by  unanimous 
consent. 

Section  4  was  read,  as  follows  : 

Sec.  4.  The  Supreme  Court  shall  have  appellate 
jurisdiction  in  all  cases  in  equity;  also,  in  all  cases  at 
law  iu  which  is  involved  the  title,  or  right  of  posses- 
sion, or  the  possession  of  real  estate  or  mining  claims, 
or  the  legality  of  any  tax,  impost,  assessment,  toll,  or 
municipal  fine,  or  in  which  the  demand,  (exclusive  of 
interest, )  or  the  value  of  the  property  in  controversy 
exceeds  three  hundred  dollars ;  also,  in  all  other  civil 
cases,  not  included  in  the  general  subdivisions  of  law 
and  equity,  and  also,  on  qiiestions  of  law  alone,  in  all 
criminal  cases  iu  which  the  oifense  charged  amounts 
to  felony,  on  questions  of  law  alone.  The  Court  shall 
also  have  xsower  to  issue  wi-its  of  mandamus,  certio- 
rari, ijrohibition,  quo  warranto,  and  habeas  corpus, 
and  also  all  writs  necessary  or  proper  to  the  complete 
exercise  of  its  appellate  jurisdiction.  Each  of  the  Jus- 
tices shall  have  power  to  issue  writs  of  habeas  corpus 
to  any  part  of  the  State,  upon  petition  by,  or  on  behalf 
of  any  iJerson  held  in  actual  custody,  and  may  make 
such  writs  returnable  before  himself,  or  the  Supreme 
Court,  or  before  any  District  Court  in  the  State,  or  be- 
fore any  Judge  of  said  Courts. 

Mr.  KINKEAD.  The  word  "  to"  is  left  out 
of  the  enrolled  copy,  between  the  words  "  pos- 
session" and  "  or,"  in  the  second  line.  The 
Enrolling  Committee  recommend  that  the  word 
"  to"  be  inserted  there  in  the  enrolled  copy. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  HAWLEY.  The  committee  also  recom- 
mend the  striking  out  of  the  words  "  on  ques- 
tions of  law  alone,'"'  where  they  occur  in  the 
fifth  line,  as  enrolled. 

The  PRESIDENT  pro  tern.  On  the  third  read- 


21st  day.] 


JUDICIAL  DEPARTMENT. 


801 


Wednesday,]         Hawlet—Nourse—Brosnan— President— Banks— Kinkead. 


[July  27. 


ing  of  the  article,  the  Convention  merely  trans- 
posed the  sentences,  so  that  those  words  would 
come  in  after  "  and  also." 

Mr.  H AWLEY.  I  move  to  malie  that  amend- 
ment, so  that  the  sentence  will  read :  '•  And 
also,  on  questions  of  law  alone,  in  all  criminal 
cases  in  which  the  offense  charged  amounts  to 
felony." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

[The  President  in  the  chair.] 

Mr.  NOURSE.  Is  it  necessary,  I  will  in- 
quire, to  adopt  any  provision  specifying  that 
there  shall  be  no  jury  trials  in  the  Supreme 
Court? 

Mr.  BROSNAN.  I  do  not  think  it  is  neces- 
sary, because  the  Court  has  only  appellate 
jurisdiction. 

The  PRESIDENT.  I  do  not  think  it  is  neces- 
sary. I  had  made  inquiry  concerning  the  same 
matter. 

Section  5  was  read,  as  follows : 

Sec.  5.  The  State  is  hereby  divided  into  nine  Judi- 
cial Districts,  of  which  the  County  of  Storey  shall  con- 
stitute the  first;  the  County  of  Ormsby  the  second  ; 
the  County  of  Lyon  the  third ;  the  County  of  Washoe 
the  fourth  ;  the  Counties  of  Nye  and  Churchill  the 
fifth ;  the  County  of  Humboldt  the  sixth ;  the  County 
of  Lauder  the  seventh  ;  the  County  of  Douglas  the 
eighth ;  and  the  County  of  Esmeralda  the  ninth.  The 
Couuty  of  Eoop  shall  be  attached  to  the  County  of 
Washoe  for  judicial  purposes,  until  as  otherwise  pro- 
vided by  law.  The  Legislature  may,  however,  pro- 
vide by  law  for  an  alteration  in  the  boundaries  or 
divisions  of  the  districts  heroin  prescribed,  and 
also,  for  increasing  or  diminishing  the  number  of 
the  Judicial  Districts  and  judges  therein  ;  but  no 
change  shall  take  elfect  except  in  case  of  a  vacan- 
cy, or  the  expii-ation  of  the  term  of  an  incumbent  of 
the  office.  At  the  first  general  election  under  the  Con- 
stitution, there  shaU  be  elected  in  each  of  the  respect- 
ive districts,  (except  as  in  this  section  hereafter  other- 
wise provided,)  one  District  Judge,  who  shall  hold 
office  from  and  including  the  first  Monday  of  Decem- 
ber, A.  D.  eighteen  hundred  and  sixty-four,  and  until 
the  first  Monday  of  January,  in  the  year  one  thousand 
eight  hundred  and  sixtj'-seven ;  after  the  said  first  elec- 
tion, there  shall  be  elected  at  thfe  general  election  which 
immediately  precedes  the  expiration  of  the  term  of  his 
predecessor,  one  District  Judge  in  each  of  the  respec- 
tive Judicial  Districts,  (except  in  the  first  district,  as  in 
this  section  hereinafter  provided. )  The  District  Judges 
shall  be  elected  by  the  qualified  electors  of  their  re- 
spective districts,  and  shall  hold  office  for  the  term 
of  four  years  (excepting  those  elected  at  said  first  elec- 
tion) from  and  including  the  fiji'st  Monday  of  January 
next  succeeding  their  election  and  quahfication  ;  i)ro- 
vided,  that  the  first  Judicial  District  shall  be  entitled  to, 
and  shall  have  three  District  Judges,  who  shaU  pos- 
sess co-extensive  and  concurrent  jurischction,  and  who 
shall  be  elected  at  the  same  times,  in  the  same  man- 
ner, and  shall  hold  office  for  the  like  terms,  as  herein 
prescribed  in  relation  to  the  Judges  in  other  Judicial 
Districts.  Any  one  of  said  Judges  may  preside  on  the 
empanneling  of  Grand  Juries,  and  tlie  presentment 
and  trial  on  indictments,  under  such  rules  and  regu- 
lations as  may  be  prescribed  by  law. 

Mr.  NOURSE.  As  I  understood  the  Secre- 
tary to  read  it,  the  Couuty  of  Roop  is  to  be 
attached  to  the  County  of  Washoe,  •'  until  as 
otherwise  provided  by  law."  I  move  to  strike 
out  the  word  "  as." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

A  25 


Mr,  HAWLEY.  The  Enrolling  Committee 
recommend  that  the  word  "  such,"  be  inserted 
between  "  no  "  and  "  change,"  in  the  ninth  line, 
as  enrolled. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Section  6  was  read,  as  follows  : 

Sec,  6.  The  District  Courts  in  the  several  Judicial 
Districts  of  this  State,  shall  have  original  jurisdiction  in 
aU  cases  in  equity ;  also,  in  all  cases  at  law  which  involve 
the  title,  or  the  right  of  possession,  or  the  possession 
of  real  property,  or  mining  claims,  or  the  legality 
of  any  tax,  impost,  assessment,  toll,  or  municipal  fine, 
aud  in  all  other  cases  in  which  the  demand,  (exclusive 
of  interest, )  or  the  value  of  the  property  in  controversy, 
exceeds  three  hundred  dollars  ;  also,  in  all  cases  re- 
lating to  the  estates  of  deceased  persons,  and  the  per- 
sons and  estates  of  minors  and  insane  persons,  and  of 
the  action  of  forcible  entry  and  unlawful  detainer,  and 
also,  in  aU  criminal  cases,  not  otherwise  provided  for 
by  law.  They  shall  also  have  final  appellate  jurisdic- 
tion in  cases  arising  in  Justices'  Courts,  and  such 
other  inferior  tribunals  as  the  Legislature  may  pro- 
vide. The  District  Courts  aud  their  judges  shall  have 
power  to  issue  writs  of  mandamus,  injunction,  quo 
warranto,  certiorari,  and  all  other  writs  proper  and 
necessary  to  the  complete  exercise  of  their  jurisdic- 
tion ;  and  also,  shall  have  power  to  issue  wiils  of 
habeas  corpus,  on  petition  by  or  on  behalf  of  any  per- 
son held  in  actual  custody  in  their  respective  dis- 
tricts. 

Mr.  HAWLEY.  The  committee  recommend 
the  insertion  of  the  word  "  to,"  between  '■  pos- 
session" and  "  or,"  in  the  third  line,  so  as  to 
read  "  or  the  right  of  possession  to,  or  the  pos- 
session of  real  property,"  etc. 

Mr,  BANKS.  Would  not  the  same  meaning 
be  better  obtained  by  saying  "  possessory  right 
to?" 

Mr.  KINKEAD.  We  have  used  this  same 
phrase  once  before. 

The  PRESIDENT.  My  remembrance  is  that 
discussion  was  had  upon  it,  and  that  the  Chair- 
man of  the  Judiciary  Committee  suggested  the 
words  then  adopted,  as  the  proper  pliraseolo^y. 

Mr.  BROSNAN.  "  The  right  of  possession 
to"  is  a  legal  phrase,  and  well  understood  by 
every  lawyer.  It  is  correct  in  the  engrossed 
article.  It  should  read  :  "  Which  involve  the 
title,  or  the  right  of  possession  to,  or  the  pos- 
session of  real  property,  or  raining  claims,"  etc. 

The  amendment  was  adopted  by  unanimous 
consent. 

The  PRESIDENT.  In  the  latter  part  of  the 
section  the  language  is, "  and  such  other  inferior 
tribunals  as  the  Legislature  may  provide."  lu 
my  opinion  the  intention  is  not  properly  ex- 
pressed, and  I  wish  to  call  the  attention  of  tlie 
Chairman  of  the  Judiciary  Committee  to  it. 
The  words,  '•  as  prescribed  by  law,"  I  think 
would  be  preferable. 

Mr.  BROSNAN.  I  will  move  as  an  amend- 
ment, to  strike  out  the  words,  "  the  Legislature 
may  provide,"  and  insert  in  lieu  thereof  the 
words,  "  may  be  established  by  law." 

The  amendment  was  adopted  by  unanimous 
consent. 

Mr.  HAWLEY.  The  Enrolling  Committee 
recommend  to  insert  the  word  "  shall,"  between 
"  also"  and  "  have,"  in  the  last  clause,  so  that 


802 


JUDICIAL  DEPARTMENT. 


[21st  day. 


Wedaesday,]  McClintox—Brosnan—Nourse— Banks— Kinkead—Hawley— Proctor.  [July  27. 


it  will  read  :  "And  also  shall  have  power  to 
issue  writs  of  habeas  corpus,"  etc.  It  is  right 
iu  the  engrossed  copy. 

The  amendment  was  adopted  by  unanimous 
consent.  . 

Mr.  McCLINTON.  I  think  it  would  have 
read  better  to  put  "  shall  "  before  the  word 
••  also."  ^ 

Mr.  BROSNAN.  I  move  a  further  amend- 
ment in  this  section,  Mr.  President.  It  now 
reads  :  "  The  District  Courts,  and  their  Judges, 
^hall  have  power  to  issue  writs,"  etc.  I  move 
to  stril-:e  out  the  words,  "  their  Judges,"  and 
insert  instead,  "  the  Judges  thereof,"  so  as  to 
read  :  "  The  District  Courts,  and  the  Judges 
thereof,  shall  have  power,"  etc. 

The  amendment  was  adopted  by  unanimous 
consent. 

Section  7  was  read,  as  follows  : 

Sec.  7.  Tlie  times  of  holding  the  Supreme  Court, 
and  District  Courts,  shaU  he  as  fixed  by  law.  The  terms 
of  the  Supreme  Court  shall  be  held  ai  the  seat  of  Gov- 
ernment, and  the  terms  of  the  District  Com-ts  shall  be 
held  at  the  county  seats  of  their  respective  counties: 
Fi-oridrd.  that  iu  case  any  coimty  shall  be  hereafter 
divided  into  two  or  more  districts,  the  Legislatm-e  may 
by  law  designate  the  places  of  holding  such  courts. 

Mr.  NOURSE.  Would  it  not  read  better  to 
say,  "  holding  Courts  iu  such  Districts?"  I  do 
not  care  for  "it  particularly,  but  I  will  make  a 
motion  to  amend  the  last  sentence  so  as  to  read 
in  that  manner. 

Mr.  BANKS.  I  do  not  see  the  reason  for  the 
amendment.     Read  it  again. 

The  SECRETARY.  It  will  then  read  :  "  The 
Legislature  may  by  law  designate  the  places  of 
holding  Courts  in  such  Districts." 

Mr.  BANKS.    Very  well. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Section  8  was  read,  as  follows : 

Sec.  8.  The  Legislature  shall  determine  the  num- 
ber of  Justices  of  the  Peace  to  be  elected  in  each 
city  and  township  of  the  State,  and  shall  fix  by 
law  their  duties;  provided,  that  such  Justices'  Courts 
shall  not  have  jurisdiction  of  the  following  cases, 
viz.:  Fii-st— Of  cases  in  which  the  matter  in  dis- 
pute is  a  money  demand  or  personal  pro^jerty,  and 
the  amount  of  the  demand,  (exclusive  of  interest,)  or 
the  value  of  the  property,  exceeds  three  hundred  dol- 
lar^. Second — Of  cases  wherein  the  title  to  real  estate 
or  mining  claims,  or  questions  of  boundaries  to  land, 
is  or  may  be  involved;  or  of  cases  that  in  any  manner 
shaU  conflict  with  the  jurisdiction  of  the  several  Courts 
of  Record  in  this  State.  And  provided  further,  that 
Justices'  Courts  shall  have  such  criminal  jurisdiction 
as  may  be  prescribed  by  law.  And  the  Legislature 
may  confer  upon  said  courts  jurisdiction  concurrent 
with  the  District  Courts  of  actions  to  enforce  mechan- 
ics' liens,  wherein  the  amount  (exclusive  of  interest) 
does  not  exceed  three  hundred  dollars;  and  also  of 
ai;tious  for  the  possession  of  lands  and  tenements, 
where  the  relation  of  landlord  and  tenant  exists,  or 
\s  hen  such  possession  has  been  unlawfully  or  fraudu- 
Irntly  obtained  or  withheld.  The  Legislature  shall 
also  prescribe  the  manner,  and  determine  the  cases  in 
\\hich  ax^peals  may  be  taken  from  Justices'  and  other 
cmrts.  The  Supreme  Court,  the  District  Courts,  and 
such  other  courts  as  the  Legislature  shall  designate, 
shall  be  Coui'ts  of  Eecord. 

Mr.  KINKEAD.  The  last  part  of  the  section 
reads :  "  The  Legislature  shall  also  prescribe 


the  manner,  and  determine  the  cases,  in  which 
appeals  may  be  taken,"  etc.  I  move  to  insert 
the  words  "  by  law,"  so  as  to  read  :  '•  The  Leg- 
islature shall  also  prescribe  by  law  the  man- 
ner." etc. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Sections  9  and  10  were  read,  as  follows  : 

Sec.  9.  Provision  shall  be  made  by  law  prescribing 
the  powers,  duties,  and  responsibilities  of  any  Muni- 
cipal Court  that  may  be  estabUshed  in  x^ursuauce  of 
Secticm  1  of  this  article,  and  also  fixing  by  law  the 
jurisdiction  of  said  court,  so  as  not  to  conflict  with  that 
of  the  several  Courts  of  Record. 

Sec.  10.  No  judicial  officer,  except  a  Justice  of  the 
Peace  and  City  Recorder,  shall  receive  to  his  own  use 
any  fees  or  perquisites  of  office. 

Mr.  HAWLEY.  The  Committee  on  Enroll- 
ment thought  it  necessary  to  amend  Section  10, 
by  striking  out  th"  word  "a,"  and  inserting  the 
letter  s  after  "  Justice"  and  "  Recorder,"  so 
as  to  read :  "  No  judicial  officer,  except  Ju.stices 
of  the  Peace  and  City  Recorders,  shall  receive," 

The  PRESIDENT.  It  appears  to  be  correct 
as  it  now  reads. 

Mr.  PROCTOR.  As  it  is  near  the  time  for 
the  recess  under  the  rules,  I  move  to  extend 
the  time  for  fifteen  minutes. 

Mr.  HAWLEY.  1  move  to  amend  so  as  to 
extend  the  time  one  hour. 

Mr.  PARKER.  We  shall  have  to  hold  an 
evening  session  anyhow. 

The  PRESIDENT.  The  question  is  on  ex- 
tending the  time  for  the  recess  until  six  o'clock. 

The  question  was  taken,  and,  on  a  division, 
the  motion  was  agreed  to — ayes,  10  ;  noes,  8. 

The  question  was  taken  on  the  amendment 
recommended  by  the  Committee  on  Enroll- 
ment, in  Section  10,  and  it  was  agreed  to  by 
unanimous  consent. 

Sections  11  to  15,  inclusive,  were  read,  as 
follows  : 

Sec.  11.  The  Justices  of  the  Supreme  Court,  and 
the  Disti'ict  Judges,  shall  be  ineUgible  to  any  office, 
other  than  a  judicial  office,  during  the  term  for  which 
they  shall  have  been  elected,  and  all  elections  or  ap- 
pointments of  any  such  judges  by  the  peoijle,  Legisla- 
lature,  or  otherwise,  during  said  period,  to  any  office 
other  than  judicial,  shall  be  void. 

Sec.  12.  Judges  shall  not  charge  juries  in  respect 
to  matters  of  fact,  but  may  state  the  testimony  and  de- 
clare the  law. 

Sec.  13.  The  style  of  aU  process  shall  be,  "  The 
State  of  Nevada,"  and  aU  prosecutions  shall  be  con- 
ducted in  the  name  and  by  the  authority  of  the  same. 

Sec.  14.  There  shall  be  but  one  form  of  civil  action, 
and  law  and  equity  may  be  administered  in  the  same 
action. 

Sec.  15.  The  Justices  of  the  Supreme  Court,  and 
District  Judges  shall  each  receive,  quarterly,  for  their 
services,  a  compensation  to  be  fixed  by  law,  and  which 
shall  not  be  increased  or  diminished  during  the  term 
for  which  they  shall  have  been  elected,  unless  in  case 
a  vacancy  occurs,  in  which  case  the  successor  of  the 
former  incumbent  shall  only  receive  such  salary  as 
may  be  jirovided  by  law  at  the  time  of  his  election  or 
aiJiJointment.  And  provision  shall  be  made  by  law  for 
setting  apart  from  each  year's  revenue  a  sufficient 
amount  of  money  to  pay  such  compensation.  Provided, 
that  District  Judges  shall  be  paid  out  of  the  county 
treasuries  of  the  counties  composing  their  resi^ective 
districts. 


21st  day.] 


JUDICIAL  DEPARTMENT. 


803 


Wednesday,]  PresidExXT—Brosxan— Banks— Tagliabde—Hawley—Kinkead— Collins.  [July  27. 


TJie  PRESIDENT.  The  section  last  read 
provides  that  the  salary  shall  not  be  increased 
or  dimiaisbed  during  the  term  for  which  a 
judge  shall  have  been  elected  ;  but  it  does  not 
apply,  as  I  understand  it,  to  the  successor  of 
a  judge  who  may  vacate  the  office  prior  to  the 
expiration  of  his  term  ;  it  only  prohibits  an  in- 
crease or  diminution  of  the  salary  of  his  pre- 
decessor in  office.  The  Legislature  may  have 
fixed  the  salary  either  more  or  less  at  any  time 
preceding  the  vacancy,  and  the  change  will 
only  take  etiect  upon  the  o.'^currence  of  such 
vacancy.  When  the  incumbent  goes  out  of 
office,  the  reduced  or  increased  salary,  as  it 
may  be,  applies  to  his  successor. 

Mr.  BROSNAN.  My  colleague  (Mr.  DeLong) 
oflered  an  amendment  to  this  section,  which 
was  adopted,  embracing  the  idea  that  the  sal- 
ary of  a  judge  may  be  lessened  or  increased,  to 
taive  effect  after  his  election  or  appointment  to 
till  a  vacancy  for  an  unexpired  term.  Will  the 
Secretarv  read  it  again? 

The  SECRETARY  again  read  Section  15. 

The  PRESIDENT.    I  am  content  with  it. 

Mr.  BANKS.  I  move  that  where  the  words 
*•  only  receive,"  occur,  those  words  be  trans- 
posed so  as  to  read,  '•  shall  receive  only  such 
salary,"  etc. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  BANKS.  It  says,  "  unless  a  vacancy 
occurs ;"  I  move  to  strike  out  the  letter  s  from 
*'  occurs,"  so  as  to  read,  '•  unless  a  vacancy 
occur." 

Mr.  TAGLIABUE.     I  object. 

Mr.  HAW'LEY.  It  would  be  proper  to  insert 
the  word  ••  may  "  or  •'  shall  "  before  the  worJ 
"  occur.-' 

Mr.  BANKS.  It  is  not  necessary  ;  the  word 
"  shall  "  is  understood  there. 

Mr.  HAWLEY.  Then  it  is  not  necessary  to 
make  any  change. 

Mr.  BANKS.  If  there  is  any  objection,  let 
"  occurs"  go,  but  it  is  not  u.sed  in  that  connec- 
tion by  anv  good  writer. 

The  PRESIDENT.  The  gentleman  from  Nye 
(Mr.  Tagliabue)  has  called  the  attention  of  the 
Chair  to  the  fact  that  no  provision  has  been 
made  fixing  the  salaries  of  the  District  Judges 
who  ar<'  first  to  be  elected. 

Mr.  TAGLIABUE.  And  as  their  compensa- 
tion cannot  be  increased  or  diminished  during 
their  term  of  office,  it  seems  to  me  they  would 
be  in  rather  a  bad  fix. 

Mr.  BROSNAN.  That  matter  was  brought 
up  iu  the  Schedule  Committee,  and  I  understood 
from  the  gentleman  from  Lyon,  (Mr.  Kennedy,) 
who,  I  regret,  is  not  now  in  his  seat,  that  the 
committee  had  determined  upon  the  amount 
of  Judges'  salaries.  He  told  me  they  would  be 
provided  for  in  the  Schedule. 

Mr.  KINKEAD.     We  have  made  an  altera- 
tion in  the  section,  so  as  to  provide  that  the 
compensation  shall  be  fixed  "  by  law."     I  think 
there  will  be  no  difficulty  about  that. 
,     The  PRESIDENT.    If  there  be  no  objection, 


we  will  pass  the  pending  question  for  the  pres- 
ent.    It  can  come  up  when  the  Schedule  is 
reached. 
Section  16  was  read,  as  follows  : 

Sec.  16.  The  Legislature,  at  its  first  session,  and 
from  time  to  time  thereafter,  shall  provide  by  law 
that  upon  the  institution  of  each  civil  action,  and  other 
proceedings,  and  also  upon  the  perfecting  of  au  appeal 
iu  any  civil  action  or  proceeding  in  the  several  courts 
of  Record  in  this  State,  a  special  court  fee  or  tax, 
which  shall  be  advanced  to  the  clerks  of  said  courts 
respectively,  by  the  party  or  parties  bringing  such 
action  or  proceeding,  or  taking  such  appeal  ;  and 
the  money  so  paid  in  shah  be  accounted  for  by  such 
clerks,  and  applied  towards  the  payment  of  the  com- 
pensation of  the  judges  of  said  courts,  as  shall  be  di- 
rected by  law. 

Mr.  KINKEAD.  The  word  "  for  "  seems  to 
be  necessary,  so  as  to  require  the  Legislature 
to  provide  fjr  a  special  tax. 

The  PRESIDENT.  I  suggest  that  it  be  made 
to  read  "  provide  for  the  payment  of,"  etc. 

Mr.  COLLINS.  The  language  now  is,  "  shall 
be  advanced." 

The  PRESIDENT.  If  we  strike  out  the 
w^ord  "  which,"  after  ••  tax,"  it  will  leave  the 
section  as  it  should  be. 

Mr.  KINKEAD.  I  will  move  that  amendment. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  HAWLEY.  The  Committee  on  Earoll- 
ment  recommend  the  insertion  of  certain  words 
which  have  been  omitted  in  the  first  clause,  so 
that  it  will  read  :  "And  shall  fix  by  law  their 
powers,  duties  and  responsibilities." 

The  amendment  was  agreed  to  by  unanimout 
consent. 

Sections  17  and  18  were  read,  as  follows  : 

Sec.  17.  The  Legislature  shall  have  no  power  to 
grant  leave  of  absence  to  a  judicial  officer  ;  and  any 
such  officer  who  shall  absent  himself  from  the  State 
for  more  than  ninety  consecutive  days,  shall  be  deemed 
to  have  vacated  his  oflice. 

Sec.  18.  No  judicial  officer  shall  be  superseded,  nor 
shall  the  organization  of  the  several  courts  of  the 
Territory  of  Nevada  be  changed,  until  the  election 
and  qualification  of  the  several  officers  provided  for 
in  this  article. 

No  amendments  were  proposed. 

Mr.  KINKEAD.  As  we  have  now  finished 
the  reading  of  toe  article,  I  move  that  the  Con- 
vention take  a  recess  till  seven  o'clock. 

The  PRESIDENT.  If  we  take  a  recess,  an 
additional  hour  will  be  consumed  this  evening 
in  obtaining  a  quorum. 

Mr.  BANKS.  I  am  opposed  to  working  all 
the  time,  without  rest,  and  I  hope  we  shall 
take  a  recess  now. 

The  question  was  taken,  and  upon  a  division, 
the  motion  was  agreed  to — ayes,  12  ;  noes  not 
counted. 

Accordingly,  at  twenty  minutes  after  five 
o'clock,  the  Convention  took  a  recess  until 
seven  o'clock,  P.  M. 

EVENING  SESSION. 
The  Convention  re-assembled,  and  was  called 
to  order  at  ten  minutes  after  seven  o'clock,  P.  M. 


804 


PAY  OF  OFFICERS. 


[21st  day. 


Wednesday,]      Hawlet— Mason— Johnson— Bbosnan — Parker— Gibson— Chapin.       [July  27. 


On  motioa  of  Mr.  BANKS,  in  the  temporary 
absence  of  the  President,  Mr.  DeLong  took  the 
chair  as  President  pro  tern. 

CALL   OF   THE   HOUSE. 

On  motion  of  Mr.  PARKER,  a  call  of  the 
House  was  ordered,  and  the  roll  being  called, 
the  following  members  responded  :  Messrs. 
Banks.  Belden,  Brosnan,  Chapin,  Collins,  Craw- 
ford. Crosman,  DeLong,  Folsom,  Gibson,  Haw- 
ley,  Kennedy,  Kiukead,  Mason,  McClinton,  Par- 
ker, Proctor,  Tagliabue,  Wetherill,  and  Mr. 
President.    Present,  20  ;   absent,  19. 

The  Sergeaut-at-Arms  was  instructed  to  ar- 
rest and  bring  in  such  absent  members  as  he 
could  find. 

A  quorum  being  present,  on  motion  of  Mr. 
CHAPIN,  further  proceedings  under  the  call 
were  dispensed  with. 

Mr.  COLLINS  asked  indefioite  leave  of  ab- 
sence for  Mr.  Frizell,  which  was  granted. 

ELECTION   ORDINANCE. 

Mr.  HAWLEY.  When  I  made  the  last  re- 
port from  the  Enrolling  Committee,  I  was  un 
der  the  impression  that  everything  had  then 
been  examined,  and  that  it  was  a  final  report.  In 
that  I  was  mistaken,  and  I  have  now  to  report 
the  Ordinance  providing  for  certain  elections, 
etc.,  which  the  committee  find  correctly  en- 
rolled, with  the  exceptiou  of  a  single  word. 
The  word  "  elections"  has  been  used  once  where 
it  should  be  "  electors,"  and  the  committee 
j^commend  that  the  word  "  electors  "  be  sub- 
stituted. 

The  report  was  accepted,  and  the  ordinance 
placed  on  file  for  final  revision. 

PAY   OP   OFFICERS   AND   ATTACHES. 

Mr.  MASON.  I  would  like  to  make  a  sug- 
gestion in  regard  to  the  proceedings  of  the 
Convention  for  the  first  day  or  two,  when  I  was 
not  present.  The  pay  of  the  officers  and  at- 
taches of  the  Convention  was  then  established, 
and  I  think  that  in  some  respects  the  rates 
agreed  upon  were  unjust.  I  thiuk  the  Secreta- 
ries, at  least,  are  laborers  worthy  of  their  hire, 
and  we  should  give  them  such  compensation 
as  will  be  worth  something  when  they  get  it — 
if  they  ever  do.  Then,  again,  our  Doorkeeper 
has  a  compensation  of  only  four  dollars  a  day, 
which,  under  all  the  circumstances,  I  consider 
wholly  insufficient.  I  will,  therefore,  now  sub- 
mit a  motion  tiiat  the  Assistant  Secretary  be 
allowed  ten  dollars  a  day,  and  the  Doorkeeper 
eight  dollars  a  day. 

Mr.  JOHNSON.  I  think  it  is  a  very  proper 
motion  in  view  of  the  restriction  which  we 
have  adopted  relative  to  expenditures,  as  we 
can  readily  foresee  that  the  officers  of  the  Con- 
vention are  not  likely  to  receive  their  pay 
short  of  about  four  years, 

Mr.  BROSNAN.  How  mucQ  does  the  Secre- 
tary receive  under  the  resolution  heretofore 
adopted  ? 

Mr.  MASON.     Ten  dollars  a  day. 


Mr.  BROSNAN.  I  submit  that  it  is  not 
enough.  The  Secretary  has  been  facilitating 
the  business  of  the  Convention  very  much  by 
his  extremely  arduous  labors,  and  1  would  be 
inclined  to  say  much  more  in  the  way  of  eulo- 
gy if  he  were  not  present. 

The  PRESIDENT  pro  tern.  The  motion  is 
only  to  increase  the  pay  of  the  Assistant  Secre- 
tary to  ten  dollars  per  day,  as  the  Chair  under- 
stands. 

Mr.  PARKER.  I  move  to  amend  by  adding 
for  the  Secretary  fifteen  dollars  a  day. 

Mr.  PROCTOR.  I  move  to  add  that  the  pay 
of  the  Seargeaut-at-Arms  be  raised  to  ten  dol- 
lars a  day. 

Mr.  GIBSON.  Do  not  forget  the  Porter.  I 
move  that  his  pay  be  raised  from  four  to  eight 
dollars  a  day. 

Mr.  MASON.  I  will  accept  the  amendments 
proposed. 

The  PRESIDENT  pro  tern.  The  question  then 
is  on  the  motion  as  modified.  The  Secretary 
will  read  it. 

The  SECRETARY.  The  resolution  offered 
by  the  gentleman  from  Esmeralda,  as  modified, 
reads  as  follows  : 


Rcsoh'ed,  That  the  salaries  of  the  following  officers 
of  this  Convention  be  increased  as  follows  :  Secretary 
from  ten  to  fifteen  dollars  per  day  ;  Assistant  Secre- 
tary from  five  to  ten  dollars  per  day  ;  Sergeant-at-Arms 
from  six  to  ten  dollars  per  day  :  and  Porter  from  four 
to  eight  dollars  per  day. 

The  question  was  taken,  and  the  resolution 
was  unanimously  adopted. 

Mr.  JOHNSON.  In  view  of  the  changes  which 
have  been  made,  I  suggest  that  the  pay  of  the 
Chaplains  should  also  be  increased,  and  for 
the  same  reasons  which  have  induced  the  in- 
crease of  the  compensation  of  the  other  officers. 
It  is  true  that  their  labors  have  been  inconsid- 
erable, merely  coming  here  in  the  morning  and 
offering  up  a  prayer,  but  it  will  probably  be 
some  time  before  they  will  receive  anything, 
and  when  they  do,  as  the  rate  is  now  fixed — 
two  dollars  and  a  half  per  day — it  will  be  much 
less  than  is  ordinarily  paid  for  such  services. 
I  move  that  the  pay  of  the  Chaplains  be  in- 
creased from  two  and  a  half  to  four  dollars  per 
day. 

Mr.  CHAPIN*  I  would  like  quite  as  well  as 
any  one  to  pay  a  good,  liljeral  price,  but  we 
are  overturning  all  that  system  of  economy 
which  we  have  been  bragging  about  so  long. 
Our  boasting  about  the  small  amount  of  ex- 
pense to  be  incurred  by  the  Convention  has 
gone  forth  to  the  people,  and  I  declare  I  dislike 
very  much  to  have  to  take  it  all  back  at  the 
last  moment.  I  know  that  the  attaches  have 
worked  very  hard,  but  at  the  same  time  the 
members  have  worked  for  nothing,  and  board- 
ed themselves,  and  they  also  have  worked  hard. 
I  do  dislike  the  idea  of  increasing  the  bill  al- 
most one  hundred  per  cent.,  at  the  very  last  mo- 
ment. 

The  PRESIDENT  pro  tern.  The  only  question 
is  on  the  proposed  increase  of  the  pay  of  the 


21st  day.] 


PAY  OF  OFFICERS. 


805 


Wednesday,]    Johnson— Collins— Banks— Gibson— Chapdj— Mason— Parker,  etc.      [July  27. 


Chaplains.  The  proposition  to  increase  the 
pay  of  the  other  officers  and  attaches,  has  al- 
ready been  settled. 

Mr.  JOHNSON.  If  I  did  not  entertain  strong 
hopes  of  the  adoption  of  the  Constitution,  I 
should  not  be  in  favor  of  the  increased  com- 
pensation which  has  already  been  provided, 
nor  of  that  now  under  consideration,  because 
those  serving  under  the  Territorial  Government, 
I  thinli  it  quite  probable,  will  all  be  paid  very 
soon  ;  but  under  the  State  Government,  witb 
the  restrictions  we  have  adopted,  I  do  not 
believe  a  single  dollar  will  be  disbursed  to 
any  of  the  officers  or  attaches  of  the  Convention 
within  twelve  months,  and  indeed  it  is  very 
doubtful  if  they  will  be  able  to  realize  any- 
thing for  their  services  within  two  years  from 
this  time. 

Mr.  COLLINS.  I  will  remind  the  gentleman 
from  Ormsby,  that  my  colleague  (Mr.  Brosnan) 
has  notified  the  Convention  of  his  intention 
to  move  to  strike  out  the  restriction  in  regard  to 
expenditures,  to  which  the  gentleman  alludes. 

Mr.  JOHNSON.  If  that  were  stricken  out,  I 
should  vote  against  increasing  the  pay  of  any 
one  of  the  officers  or  attaches. 

Mr.  COLLINS.  It  occurs  to  me,  sir,  that 
this  is  a  most  extraordinary  movement.  At 
the  commencement  of  the  sessions  of  the  Con- 
vention, we  declared  what  should  be  the  com- 
pensation of  each  officer  and  employd,  in  order 
that  each  in  accepting  his  office  might  take  it 
with  his  eyes  wide  open.  But  after  having 
proclaimed  a  system  of  economy  from  the  com- 
mencement— after  having  even  deprived  our- 
selves of  the  necessary,  or  at  all  events,  the 
ordinary  means  of  becoming  acquainted  with 
the  various  propositions  that  were  from  day  to 
day,  and  from  hour  to  hour,  brought  before  us, 
by  liaving  them  presented  in  a  printed  form — 
it  is  very  strange  that  we  should  now,  just  at 
the  close  of  the  Convention,  proclaim  to  the 
world  that  all  our  past  professions  amounted  to 
nothing,  thus  setting  an  example  to  the  Legis- 
lature which  is  to  follow  us,  under  the  organi- 
zation of  the  State  Government,  of  squander- 
ing the  people's  money.  Here  we  are  tying 
the  Legislature  down  in  such  a  manner  that 
some  gentlemen  have  come  to  the  conclusion 
that  the  members  will  get  nothing  for  their 
services,  whilst  others  say  they  care  not  if  they 
do  not  get  anything  ;  and  yet  at  the  same  time 
we  are  ourselves  spending  the  people's  money, 
before  the  Legislature  can  have  an  opportunity 
of  appropriating  it  to  any  purpose.  If  this 
question  of  compensation  had  come  up  as  a 
new  matter,  at  the  close  of  the  Convention, 
and  the  officers  and  attaches  knew  nothing  of 
what  their  pay  was  to  be,  or  had  any  reason 
for  expecting  a  large  compensation,  the  ques- 
tion would  be  a  very  different  one  ;  but  we 
gave  them  notice,  at  the  very  commencement, 
that  whosoever  served  the  Convention  would 
get  so  much  pay,  and  no  more  ;  and  now,  after 
the  work  is  all  done,  why  should  we  turn  about 
and  say  that  our  former  declarations  and  pro- 


fessions of  economy  were  all  "  poppycock," 
and  that  we  really  did  not  mean  anything  of 
the  kind?  I  know  that  those  gentlemen  have 
been  faithful ;  they  have  done  their  work  well, 
and  if  our  coffers  were  full,  I  would  be  willing 
to  give  them  a  handsome  bonus. 

The  PRESIDENT  pro  tern.  The  only  ques- 
tion, the  Chair  will  remind  the  gentleman,  is 
upon  the  motion  to  raise  the  pay  of  the  Chap- 
lain. The  vote  has  already  been  taken  upon 
the  other  proposition. 

Mr.  COLLINS.  The  pay  of  one  of  the  Sec- 
retaries has  been  increased  one  hundred  per 
cent.,  and  that  of  the  other  fifty  per  cent.,  I  be- 
lieve. I  would  like  to  give  the  clergyman 
something,  but  I  do  dislike  this  whole  matter. 

Mr.  BANKS.  It  would  be  very  easy,  I  think, 
by  introducing  a  resolution  to  start  anew. 

Mr.  GIBSON.  It  was  not  supposed  original- 
ly, I  presume,  by  any  one,  that  we  were  going 
to  have  so  much  night-work. 

Mr.  CHAPIN.  I  hope  the  motion  will  be 
withdrawn.  It  may  possibly  affect  the  action 
of  the  Convention  upon  that  section  which 
gentlemen  have  referred  to  with  so  much  dis- 
satisfaction. 

Mr.  JOHNSON.  If  there  is  any  consider- 
able opposition,  I  will  withdraw  it. 

Mr.  MASON.  I  will  renew  it,  and  I  will  tell 
the  Convention  why.  I  consider,  sir,  that  the 
laborer  is  worthy  of  his  hire,  and  if  a  gentle- 
man has  devoted  years  of  his  life  to  acquiring 
those  accomplishments  which  fit  him  to  serve 
acceptably  in  such  a  capacity,  he  is  entitled  to 
a  reasonable  compensation,  as  interest  on  the 
capital  he  has  invested,  and  the  time  he  has 
thus  consumed.  I  am  opposed  to  employing 
clerks  or  other  officers  without  paying  them 
adequately,  or  at  least  attempting  to  pay  them, 
for  it  is  true  there  are  very  serious  doubts  as  to 
whether  they  will  ever  get  anything  or  not. 
So  far  as  the  preachers  are  concerned,  I  am  not 
very  particular,  but  at  the  same  time  I  think  it 
would  look  well  for  us  to  pay  them  handsome- 
ly. I  know  it  is  a  hard  matter  for  men  to  ex- 
ercise that  calling,  and  I  tniuk  they  should  be 
paid  well  for  it. 

Mr.  CHAPIN.  I  contend  that  we  were  just 
as  wise  on  the  first  day  of  our  session,  and  just 
as  competent  to  judge  of  the  value  of  the  ser- 
vices to  be  rendered,  as  we  are  now,  and,  sir,  I 
am  goiug  to  vote  against  granting  any  increase 
of  pay  to  those  gentlemen.  I  call  for  the  yeas 
and  nays. 

Mr.  JOHNSON.  I  suggest  that  we  were  not 
quite  as  well  informed  regarding  the  clergy- 
men, at  the  beginning,  as  we  did  not  know  how 
efficiently  they  could  officiate. 

Mr.  PARKER.  I  believe  the  motion  only 
increases  the  expenditures  of  the  Convention 
about  forty  dollars. 

Mr.  WETHERILL.  If  this  is  not  adopted,  I 
hope  the  other  proposition  will  be  reconsid- 
ered. 

Mr.  BANKS.    So  do  I. 

The  question  was  taken  by  yeas  and  nays,  on 


806 


IMPEACHMENT— CORPORATIOXS. 


[21st  day, 


Wednesday,] 


KrxKEAB — Chapin — Gibson — Parker — Banks — Brosnan. 


[July  27. 


the  motion  to  increase  the  per  diem  of  Chap- 
lains to  four  dollars,  and  the  vote  was — yeas, 
13  ;  nays,  7 — as  follows  : 

Feas— Messrs.  Bckleu,  Brosnan,  Crawford,  Crosmaii, 
Uibson,  Hawley,  Kinkead,  Mason,  Parker,  Proctor, 
Tagliabue,  Wetlierill,  and  Mr.  President — 13. 

Xays — Messrs.  Banks,  Chapin,  Collins,  DeLong,  Fol- 
som.  Kenned}',  and  McCUuton— 7. 

So  the  motion  was  agreed  to. 

Mr.  KINIvRAD.  Now  I  move  that  the  pay 
of  members  of  the  Convention  be  doubled. 
[Laughter.] 

Mr?  CHAPIN.  I  ask  to  have  my  vote  changed 
to  the  affirmative  on  the  proposition  just 
adopted,  for  the  purpose  of  moving  a  recon- 
sideration. 

Mr.  GIBSON.    It  is  too  late. 

The  PRESIDENT  pru  tern.  The  result  of  the 
vote  has  been  announced  ;  it  ia  too  late  to 
change. 

FINAL   REVISION — IMPE  \.CnMENT  AND  REJIOVAL. 

The  Convention  resumed  the  final  reading 
and  revision  of  the  Constitution,  as  enrolled, 
commencing  with  Article  VII,  entitled  Im- 
peachment and  Removal  from  Office,  which 
had  been  reached  at  the  time  of  the  afternoon 
recess. 

The  SECRETARY  read  Sections  1  and  2,  as 
follows : 

Section  1.  The  Assembly  shall  have  the  sole  power 
of  impeaching.  The  concurrence  of  a  majority  of  all 
the  members  elected  shall  be  necessary  to  an  impeach- 
ment. All  iniijeacliments  shall  be  tried  by  the  Senate, 
and  when  .sitting  for  that  purpose,  the  Senators  shaU 
be  upon  oath  or  atnrniation,  to  do  justice  according  to 
law  and  evidence.  The  Chief  Justice  of  the  Supreme 
Court  shall  preside  over  the  Senate  while  sitting  to  try 
the  Grovernor  or  Lieutenant  Governor  on  Impeach- 
ment. No  person  shall  be  convicted  without  the  con- 
currence of  two-thirds  of  the  Senators  elected. 

Sec.  2.  The  Governor  and  other  State  and  Judicial 
officers,  except  Justices  of  the  Peace,  shall  be  liable  to 
imx^eachment  for  misdemeanor  or  malfeasance  in  of- 
fice ;  but  judgment  in  such  case  shall  not  extend  fur- 
ther than  removal  from  office  and  dLsqualilication  to 
hold  any  office  of  honor,  i^rofit,  or  trust  under  this 
State.  The  i^arty,  whether  con\'icted  or  acquitted, 
shall  nevertheless  be  liable  to  indictment,  trial,  judg- 
ment, and  xJunishment,  according  to  law. 

Mr.  PARKER.  I  call  attention  to  the  lan- 
guage used  in  Section  2 — "  to  hold  any  office 
ot  honor,  profit,  or  trust,  under  this  State."  Is 
that  riglit? 

The  PRESIDENT  pro  tern.    I  think  it  is. 

Sections  3  and  4  were  read,  as  follows  : 

Sec.  3.  For  any  reasonable  cause,  to  be  entered  on 
the  journal  of  each  House,  wliich  may  or  may  not  be 
sufficient  grounds  for  imjieachment,  the  Chief  Justice 
and  Associate  Jvistices  of  the  Supreme  Court,  and 
Judges  of  Uie  District  Courts,  shall  be  removed  from 
(ithce  on  the  vote  of  two-thirds  of  the  members  elect- 
ed to  each  branch  of  the  Legislature,  and  the  Justice 
or  Judge  complained  of  shall  be  served'  with  a  copy  of 
the  comxilaint  against  him,  and  shall  have  an  opportu- 
nity of  being  heard  in  person  or  by  counsel  in  his  de- 
fense ;  protddcd,  that  no  member  of  either  branch  of 
the  Legislature  shall  be  eligible  to  fill  the  vacancy  oc- 
casioned by  such  removal. 

Sec.  i.  Provision  shall  be  made  by  law  for  the  re- 
moval from  office  of  any  civil  officer,  other  than  those 
in  this  article  previously  si:)ecificd,  for  malfeasance  or 
non-feasance  in  tlie  i)erf(irmauce  of  his  duties. 

No  amendment  was  proposed. 


CORPORATIONS. 

The  Convention  took  up.  on  its  final  revis- 
ion. Article  VIII,  entitled  Municipal  and  other 
Corporations. 

The  SECRETARY  read  Sections  1  to  5,  in- 
clusive, as  follows  : 

Section  1.  The  Legislature  shall  pa-ss  no  special 
act  in  any  manner  relating  to  corporate  jsowers,  ex- 
cept for  municipal  purposes  ;  but  corporatio;ismaybe 
formed  under  general  laws  ;  and  all  such  laws  may, 
from  time  to  time,  be  altered  or  repealed. 

Sec.  2.  All  real  property  and  possessory  righis  to 
the  same,  as  well  as  jiersonal  property  in  this  State, 
belonging  to  corporations,  now  existing  or  hereafter 
created,  shall  be  subject  to  taxation  the  same  as  prop- 
erty of  individuals  ;  jirovide.d,  that  the  property  of  cor- 
porations formed  for  municiijal,  charitable,  religious, 
or  educational  i^urposes,  may  be  exemivted  by  law. 

Sec.  3.  Dues  from  corporations  shall  be  secured  by 
such  means  as  may  be  proscribed  by  law  ;  praeided, 
that  corpoi-ators  in  cori^orations  formed  under  the 
laws  of  this  State  .shall  not  be  individually  liable  for 
the  debts  or  liabilities  of  such  corporation. 

Sec.  4.  Corporations  created  by  or  under  the  laws 
of  the  Territory  of  Nevada  shaU  be  subject  to  the  pro- 
visions of  such  laws  until  the  Legislature  shall  pass 
laws  regidating  the  same,  in  imrsuance  of  the  provis- 
ions of  this  Constitution. 

Sec.  5.  Corporations  may  sue  and  be  sued  in  all 
courts,  in  like  cases  as  individuals. 

Mr.  BANKS.  That  should  be  "in  like  man- 
ner as  individuals."  That  word  "cases"  was 
changed  to  -'manner,"  I  think.  The  word  is 
used  in  the  same  connection  in  the  Constitu- 
tion of  California,  and  I  remember  that  the 
Committee  on  Phraseology  agreed  to  strike  out 
the  word  "  cases,"  and  in.sert  "  manner  "  in  its 

Mr.  BROSNAN.  The  words  "  in  like  cases  " 
seem  superfluous  ;  "  as  individuals,"  would  an- 
swer all  purposes. 

Mr.  BANKS.  I  will  move  to  substitute  the 
word  "  manner  "  in  place  of  "  cases."  Wliat 
was  the  suagcstion  of  the  gentleman  from 
Storey  ? 

Mr.  BROSNAN.  That  we  might  take  oufc 
those  words  altogether,  and  let  the  section 
read  :"  Corporations  may  sue  and  be  sued  in 
all  courts,  as  individuals."  That  is,  as  indi- 
viduals may  sue  and  be  sued  ;  leaving  out  the 
words  "  in  like  cases." 

Mr.  BANKS.  I  think  it  would  be  better  to 
say  '•  in  like  manner." 

The  amendment  proposed  by  Mr.  Banks  was 
unanimously  agreed  to. 

Sections  (i  and  7  were  i*ead,  as  follows  : 

Sec.  C.  No  bank  notes  or  paper  of  any  kind  shall 
ever  be  iiermitted  to  circulate  as  money  in  this  State, 
excejit  the  Federal  currency  and  the  notes  of  banks 
authorized  under  the  laws  of  Congress. 

Sec.  7.  No  right  of  way  shaU  be  appropriated  to  th& 
use  of  any  corporation  until  fuU  compensation  be  first 
made  or  secured  therefor. 

Mr.  BANKS,  When  Section  2  of  Article 
VII  was  read,  my  attention  wa,s  directed  to  the 
language  there  used,  and  I  will  ask  the  atten- 
tion of  the  Convention  to  it.  It  providt's  tiiat 
the  Governor  and  other  officers  shall  be  liable 
to  impeachment,  etc..  but  judgment  sliall  only 
extend  to  removal  and  "  disqualilicatiou"  to 
hold  any  office  of  honor,  profit,  or  trust,  under 


21st  day.] 


FINANCE  AND   STATE  DEBT. 


807 


■Wednesday,]    Banks— Brosnan—Chapin — Nourse— Johnson — Kixke ad— Proctor.        [July  27. 


this  State."  The  phrase  "  under  this  State," 
may  be  correct,  but  it  has  an  awkward  souod 
to  me.  I  sugsest  that  it  should  be  changed  to 
'•  under  this  Constitution,"  or  '-under  this 
State  Government." 

The  PRESIDENT  pro  tern.  I  believe  it  is 
the  language  ordiaarily  used. 

Mr.  BANKS.  If  there  is  any  sanction  of 
usage  for  it.  I  will  not  move  an  amendment ; 
if  not,  I  will  move  to  strike  out  the  word 
"State,"  and  insert  "Constitution." 

Mr.  BROSNAN.  It  would  be  shorter  to  sub- 
stitute the  word  '•  in,"  for  •'  under,"  and  leave 
the  rest  as  it  is,  so  as  to  read  :  "Any  office  of 
honor,  profit,  or  trust,  in  this  State," 

Mr.  PARKER.     That  is  the  same  thing. 

The  PRESIDENT  pro  tern.  If  there  is  no 
objection,  the  Convention  will  go  back  to  that 
section. 

Mr.  CHAPIN.  I  object.  There  are  many 
offices  of  honor  or  trust  outside  of  the  State 
Government. 

Sections  8,  9,  and  10  were  read,  as  follows  : 

Sec.  8.  The  Legislature  shall  provide  for  the  organ- 
ization of  cities  and  towns  by  general  laws;  and  re- 
strict their  jsower  of  taxation,  assessment,  borrowing 
money,  contracting  debts,  and  loaning  their  credit,  ex- 
cept for  procuring  supplies  of  water. 

Sec.  9.  The  State  shall  not  donate  or  loan  money  or 
its  credit,  subscribe  to  or  be  interested  in  the  stock  of 
any  company,  association,  or  corporation,  except  cor- 
porations formed  for  educational  or  charitable  piir- 
poses. 

Sec.  10.  No  county,  city,  town,  or  other  mtmicipal 
corporation  shall  become  a  stockholder  in  any  joint 
stock  company,  corporation,  or  association  whatever,  or 
loan  its  credit  in  aid  of  any  such  company,  corjiora- 
tion,  or  association,  except  railroad  corporations,  com- 
panies, or  associations. 

Mr.  NOURSE.  Just  read  Section  9  again. 
It  seems  to  me  that  it  sounds  very  differently 
from  the  way  it  read  when  it  was  passed. 

The  SECRETARY  again  read  Section  9. 

Mr.  NoURSE,  I  thought  I  heard  something 
about  railroads  in  it.     [Laughter.] 

Mr.  JOHNSON.  I  believe  the  gentleman 
from  Washoe  has  not  been  here  since  the  gen- 
tleman from  Storey  (Mr.  Fitch)  has  absented 
himself,  and  he  is  therefore  somewhat  appre- 
hensive on  the  subject  of  railroads. 

The  PRESIDENT  pro  (em.  His  memory  runs 
back  to  old  times.     [Merriment.] 

FINANCE  AND  STATE  DEBT. 

The  Convention  proceeded  with  the  final  re- 
vision of  Article  IX,  entitled  Finance  and  State 
Debt. 

The  SECRETARY  read  Section  1,  as  follows  : 

Sr.CTioN  1.  The  fiscal  year  shall  commence  January 
1st. 

Mr.  BROSNAN.  I  would  like  to  have  that 
section  amended  so  as  to  provide  that  the  fiscal 
year  shall  commence  "  on  the  first  day  of  Jan- 
iiary'in  each  year,"  instead  of  "  January  1st." 

The  amendment  was  agreed  to  by  uaanimous 
consent. 

Section  2  was  read,  as  follows  : 

Sec.  2.  The  Legislature  shall  provide  for  an  annual 
tax  safficient  to  defray  the  estimated  expenses  of  the 


State  for  each  fiscal  year;  and  whenever  the  expenses 
of  any  year  shall  exceed  the  income,  the  Legislatiu'e 
shall  x>rovide  for  levying  a  tax  sufficient  vnih  other 
sources  of  income  to  pay  the  deficiency,  as  well  as  the 
estimated  expenses  of  such  ensuing  year  or  two  years. 

Mr.  KINKE.\D.  I  move  to  amend  by  insert- 
ing the  words  "  by  law,"  in  the  first  line,  after 
the  word  "  provide." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  PROCTOR.  Is  not  this  section  likely  to 
conflict  with  the  one  which,  on  the  motion  of 
the  gentleman  from  Storey,  (Mr.  Chapin,)  was 
incorporated  in  the  Schedule  ? 

Mr.  BROSNAN.     I  think  so. 

Section  3  was  read,  as  follows : 

Sec.  3.  For  the  purpose  of  enabling  the  State  to 
transact  its  business  upon  a  cash  basis,  from  its  organ- 
ization, the  State  may  contract  public  debts  ;  but  such 
debts  shall  never  in  the  aggregate,  exclusive  of  inter- 
est, exceed  the  sum  of  three  hundred  thousand  dol- 
lars, except  for  the  purpose  of  def  rajing  extraordinary 
expenses  as  hereinafter  mentioned.  Every  such  debt 
shall  be  authorized  by  law  for  some  purpose  or  pur- 
poses to  be  distinctly  specified  therein,  and  every  such 
law  shall  provide  for  levying  an  annual  tax  suflicient 
to  pay  the  interest  semi-annually,  and  the  principal 
withiii  twenty  years  from  the  passage  of  such  law,  and 
shall  specially  appropriate  the  proceeds  of  said  taxes 
to  the  payment  of  said  principal  and  interest ;  and 
such  appropriation  shall  not  be  repealed,  nor  the  taxes 
be  postponed  or  diminished,  until  the  principal  and  in- 
terest of  said  debts  shall  have  been  wholly  paid.  Every 
contract  of  indebtedness  entered  into  or  assumed  by 
or  on  behalf  of  the  State,  when  all  its  debts  and  liabil- 
ities amotint  to  said  sum  before  mentioned,  shall  be 
void  and  of  no  eifect,  except  in  cases  of  money  bor- 
rowed to  repel  invasion,  suppress  insurrection,  de- 
fend the  State  in  time  of  war,  or,  if  hostilities  be 
threatened,  provide  for  the  pubhc  defense. 

Mr.  BANKS.  I  would  like  to  understand 
what  is  meant  in  this  section  by  the  taxes  not 
being  postponed?  Does  it  mean  that  the  time 
for  the  coUection  of  the  taxes  shall  not  be  post- 
poned ?    Or  what  is  meant  by  that  language  ? 

The  PRESIDENT  pro  tern.  The  gentleman 
must  not  ask  the  Chair  too  many  questions  of 
that  nature.     [Merriment,] 

Mr,  BANKS.  I  suppose  it  means  that  the 
time  for  the  coJlection  shall  not  l^e  postponed. 

The  PRESIDENT  pro  tern.     I  concur, 

Mr,  BANKS,  It  says  :  "And  such  appropri- 
ation shall  not  be  repealed,  nor  the  taxes  be  post- 
poned or  diminished."  I  do  not  see  that  such 
a  provision  has  any  connection  with  the  rest  of 
the  section,  and  it  is  of  no  use,  I  therefore 
move  to  strike  out  the  words  '•  postponed  or." 

Mr,  NOURSE.    I  object. 

Section  4  was  read,  as  follows  : 

Sec.  4.  The  State  shall  never  assume  the  debts  of 
any  county,  town,  city,  or  other  corporation  whatever, 
unless  such  debts  have  been  created  to  reijel  iuvasiou, 
suppress  insurrection,  or  to  provide  for  the  public  de  - 
feuse, 

Mr,  CHAPIN,  I  move  to  amend  Section  2 
of  this  article,  which  provides  for  levying  tax:s 
to  defray  the  expenses  of  each  year,  by  addinsr 
the  words  "  except  as  hereinafter  provided,"' 
Then  there  can  be  no  possible  conflict, 

Mr,  BROSNAN,  Bit  it  is  designed  to  amend 
the  section  in  the  Schedule. 


808- 


TAXATION— EDUCATION. 


[21st  day. 


Wednesday,] 


Johnson — Nourse — McClinton— Collins. 


[Jnly  27. 


Mr.  JOHNSON.  I  shall  certainly  object  to 
incorporating  those  words. 

TAXATION. 

Article  X,  entitled  Taxation,  was  read  on  its 
final  revision,  as  follows : 

AKTICLE  X. 

TAXATION. 

Section.  1.  The  Legislature  shall  provide  by  law 
for  a  uniform  and  equal  rate  of  assessmeut  and  taxa^ 
tiou,  aud  shall  prescribe  such  regulations  as  shall  se- 
cure a  just  valuation  for  taxation  of  all  property,  real, 
personal,  and  possessory,  excepting  mines  and  min- 
ing claims,  the  proceeds  of  which  alone  shall  be  taxed, 
and  also  excepting  such  property  as  may  be  exempted 
by  law,  for  municipal,  educational,  Uterary,  scientific, 
rehgious,  or  charitable  purposes. 

Mr.  NOURSE.  I  ask  unanimous  consent  to 
amend  by  striking  out  all  after  the  word  "  pos- 
sessory."    [Laughter.] 

Several  members  objected. 

The  PRESIDENT  jyro /em.  Objections  being 
heard,  the  amendment  cannot  be  entertained. 


Article  XI,  entitled  Education,  was  taken  up 
on  final  revision. 

The  SECRETARY  read  Sections  1  to  4,  in- 
clusive, as  follows : 

Section  1.  The  Legislature  shall  encourage  by  all 
suitable  means  the  promotion  of  intellectual,  hterary, 
scientific,  mining,  mechanical,  agricultiu'al,  aud  moral 
improvement,  and  also  provide  for  the  election,  by  the 
people,  at  the  general  election,  of  a  Superintendent  of 
Pubhc  Instruction,  whose  term  of  office  shall  be  two 
years  from  the  first  Monday  of.  January,  1865,  aud 
until  the  election  and  the  qualification  of  his  suc- 
cessor, and  whose  duties  shall  be  prescribed  by  law. 

Sec.  2.  The  Legislature  shall  provide  for  a  uniform 
system  of  corumon  schools,  by  which  a  school  shall  be 
established  and  maintained  in  each  school  district,  at 
least  six  months  in  every  year  ;  and  any  school  district 
neglecting  to  establish  and  maintain  such  a  school,  or 
which  shall  allow  instruction  of  a  sectarian  character 
therein,  may  be  dejirived  of  its  jiroportion  of  the  inter- 
est of  the  public  school  fimd  di^u-ing  such  neglect  or 
infraction ;  and  the  Legislature  may  pass  such  laws  as 
will  tend  to  secure  a  general  attendance  of  the  childi'en 
in  each  school  district  upon  said  ijubhc  schools. 

Sec.  3.  All  l»uds,  including  the  sixteenth  and  thirty- 
Bixth  sections  in  every  township,  donated  for  the  ben- 
efit of  iiubUc  schools,  in  the  Act  of  the  thirty-eighth 
Congress,  to  enable  the  people  of  Nevada  Territory 
to  form  a  State  Government ;  the  thirty  thousand 
acres  of  pubUc  lands  granted  by  an  Act  of  Congress, 
imd  approved  July  '2d,  18(V2,  for  each  Senator  and  Kepre- 
seiitative  in  Congress  ;  and  all  proceeds  of  lauds  that 
have  been  or  may  hereafter  be  granted  or  ai)prupriated 
by  the  United  States  to  this  State  ;  and  also  the  five 
hundred  thou-sand  (500,000)  acres  of  land  granted  to  the 
new  States  under  the  Act  of  Congress  distributing  the 
Ijrocceds  of  tlie  jiublic  lands  among  the  several  States 
of  the  Union,  approved  A.  D.  IHil  ;  provided,  that 
Congress  make  provisions  for,  or  authorizes  such  di- 
version to  be  made,  for  the  iiurposis  herein  contained  ; 
all  estates  tliat  may  escheat  to  the  State  ;  all  of  such 
per  cent,  as  may  be  granted  l)y  Congress  on  tlie  sale  of 
hind  ;  all  fines  collected  undi/r  tlie  jK-nal  laws  of  the 
State  ;  all  property  given  or  beqmatlied  to  the  State 
for  educational  iiurposes  ;  and  all  jirocecds  derivi'd 
from  any  or  all  of  said  sources,  shall  be,  and  tlie  same 
are  hereby  solemnly  pledged  for  educational  purposes, 
and  shall  not  be  transferred  to  any  other  fimd  for 
other  uses  ;  aud  the  interest  thereon  shall,  from  time 
to  time,  be  apjiortioned  among  the  several  counties,  in 


proijortion  to  the  ascertained  numbers  of  the  persons 
between  the  ages  of  six  and  eighteen  years  in  the  differ- 
ent counties.  And  the  Legislature  shall  provide  for 
the  sale  of  floating  land  warrants  to  cover  the  aforesaid 
lands,  aud  for  the  investment  of  all  proceeds  derived 
from  any  of  the  above-mentioned  sources,  in  United 
States  bonds,  or  the  bonds  of  this  State  ;  provided,  that 
the  interest  only  of  the  aforesaid  proceeds  shall  be  used 
for  educational  purposes,  and  any  surplus  interest 
shall  be  added  to  the  princixjal  sum ;  and  provided  fur- 
ther, that  such  portion  of  said  interest  as  may  be 
necessary,  may  be  approjiriated  for  the  support  of  the 
State  University. 

Sec.  4.  The  Legislature  shall  provide  for  the  es- 
tablishment of  a  State  University,  which  shall  embrace 
departments  for  agriculture,  mechanic  arts,  and  min- 
ing, to  be  controlled  by  a  Board  of  liegents,  whosa 
duties  shall  be  prescribed  by  law. 

Mr.  McCLINTON.  The  section  last  read 
sounds  rather  strangely  to  me.  The  University 
is  to  have  departments  for  Agriculture,  Me- 
chanic Arts,  and  Mining.  Are  they  going  to 
work  at  mining  in  the  University  ?  That  word- 
ing, it  appears  to  me.  is  incorrect. 

Mr.  COLLINS.  I  will  state  the  reasons  why 
that  language  was  incorporated  in  the  article. 
The  law  of  Congress  of  1862  gives  to  each 
State  thirty  thousand  acres  of  land  for  each 
member  of  Congress,  for  the  purpose  of  a  col- 
lege for  the  promotion  of  agriculture  and  the 
mechanic  arts — 

Mr.  McCLINTON.  I  have  no  fault  to  find 
with  anything  but  the  phraseology. 

Mr.  COLLINS.  For  the  sake  of  avoiding 
tautology — 

The  PRESIDENT  ^o  tern,  (interrupting.) 
There  is  no  question  before  the  Convention. 

Mr.  COLLINS.  I  thought  the  gentleman 
from  Esmeralda  (Mr.  McClinton)  had  raised  a 
question. 

Sections  5  to  9,  inclusive,  were  read,  (being 
the  rest  of  the  article,)  as  follows  : 

Sec.  5.  The  Legislature  shall  have  power  to  establish 
Normal  Schools,  and  such  different  grades  of  schools, 
from  the  primary  department  to  the  University,  as  in 
their  discretion  they  may  deem  necessary ;  and  all  pro- 
fessors in  said  University,  or  teachers  in  said  schools, 
of  whatever  grade,  shall  be  required  to  take  and  sub- 
scribe to  tlie  oath  as  iirescribed  in  Article  XVI  of  this 
Constitution.  No  professor  or  teacher  who  fails  to 
comply  with  the  provisions  of  any  law  framed  in  ac- 
cordance with  the  provisions  of  this  section,  shall  be 
entitled  to  receive  any  ijortion  of  the  pubUc  moneys 
set  apart  for  school  purposes. 

Sec.  6.  The  Legislature  shall  provide  a  special  tax 
of  one-half  of  one  mill  on  the  dollar  of  all  taxable 
property  in  tlie  State,  in  addition  to  the  other  means 
provided  for  the  supijort  and  maintenance  of  said  Uni- 
versity and  common  schools;  provided,  that  at  the  end 
of  ten  years  they  may  reduce  said  tax  to  one  quarter 
of  one  mill  on  each  dollar  of  taxable  property. 

Sec.  7.  The  Governor,  Secretary  of  State,  and  the 
Superintendent  of  Public  Instruction,  shall  for  tlie  first 
four  years,  and  until  tlieir  successors  are  elected  and 
qualified,  constitute  a  B<M,rd  of  Regents  to  control  and 
manage  the  affairs  of  the  University,  and  the  funds  of 
the  s;mie,  under  such  regulations  as  may  be  provided 
by  law  ;  but  thi;  Legislature  shall,  at  its  regular  session 
next  precetUng  the  exijiration  ot  the  term  of  office  of 
said  Board  of  Kegents,  provide  for  the  electioai  of  a 
new  Board  of  Kegents,  and  dehne  tlieir  duties. 

Sec.  8.  Th(!  Boai-d  of  Kegents  shall,  from  the  inter- 
est accruing  from  the  first  funds  which  come  under 
their  control,  immediately  organize  and  maintain  the 
said  mining  department,  in  such  manner  as  to  make  it 
most  eflectivo  and  useful;    Provided,  that  all  the  pro- 


21st  day.]        MILITIA— PUBLIC  INSTITUTIONS,  ETC. 


809 


Wednesday,] 


Parker— Johnson— Proctor. 


[July  27. 


ceeds  of  the  public  lands  donated  by  Act  of  Congress, 
approved  July  2d,  1862,  for  a  college  for  the  bene- 
fit of  agriculture,  the  mechanic  arts,  and  inchiding 
military  tactics,  shall  be  invested  by  the  said  Board 
of  Regents  in  a  separate  fund  to  be  ajipropriated  exclu- 
sively for  the  benefit  of  the  first-named  departments  to 
the  University,  as  set  forth  in  Section  4,  above.  And 
the  Legislature  shall  provide  that,  if  through  neglect 
or  any  other  contingency,  any  portion  of  the  fund  so 
set  apart  shall  be  lost  or  misappropriated,  the  State 
of  Nevada  shall  replace  said  amount  so  lost  or  mis- 
appropriated in  said  fund,  so  that  the  principal  of  said 
fund  shall  remain  forever  undiminished. 

Sec.  9.  No  sectarian  instruction  shall  be  imparted 
or  tolerated  in  any  school  or  university  that  may  be 
established  under  this  Constitution. 

No  amendment  was  offered. 


Article  XII,  entitled  Militia,  was  read  on 
final  revision,  as  follows : 

ARTICLE  Xn. 

MILITIA. 

Section  1.  The  Legislature  shall  provide  by  law  for 
organizing  and  disciplining  the  militia  of  this  State, 
for  the  effectual  encouragement  of  volunteer  corps, 
and  the  safe  keeping  of  the  ijublic  arms. 

Sec.  2.  The  Governor  shall  have  power  to  call  out 
the  miUtia  to  execute  the  laws  of  the  State,  or  to  sup- 
press insurrection  or  repel  invasion. 

No  amendment  was  offered. 

PUBLIC   INSTITDTIOXS. 

Article  XIII,  entitled  Public  Institutions, 
was  read  on  final  revision,  as  follows  : 

ARTICLE  xin. 
public  institutions. 

Section  1.  Institutions  for  the  benefit  of  the  in- 
sane, bUnd,  and  deaf  and  dumb,  and  such  other  benev- 
olent institutions  as  the  pubUc  good  may  require,  shall 
be  fostered  and  supported  by  the  State,  subject  to  such 
regulations  as  may  be  prescribed  by  law. 

Sbc.  2.  A  State  Prison  shaU  be  estabhshed  and  main- 
sained  in  such  manner  as  may  be  prescribed  by  law, 
and  provision  may  be  made  by  law  for  the  establish- 
ment and  maintenance  of  a  House  of  Refuge  for  juve- 
nile oS'enders. 

Sec.  3.  The  respective  counties  of  the  State  shall 
provide  as  may  be  prescribed  by  law  for  those  inhabit- 
ants who,  by  reason  of  age  and  infirmity,  or  misfor- 
tunes, may  have  claim  uijon  the  sympathy  and  aid  of 
society. 

No  amendment  was  offered. 

BOUNDARY. 

Article  XIV,  entitled  Boundary,  was  read, 
on  final  revision,  as  follows : 

ARTICLE  XrV. 

BOUNDABY. 

Section  1.  The  boundary  of  the  State  of  Nevada 
shall  be  as  follows :  Commencing  at  a  point  formed 
by  the  intersection  of  the  thirty-eighth  degree  of 
longitude  west  from  Washington  with  the  thirty- 
seventh  degree  of  north  latitude;  thence  due  west 
along  said  thirty-seventh  degree  of  north  latitude  to 
the  eastern  boundary  line  of  the  State  of  California ; 
thence  in  a  northwesterly  direction  along  the  said 
eastern  boimdary  fine  of  the  State  of  Cahfornia  to 
the  forty-third  degree  of  longitude  west  from  Wash- 
ington; thence  north  along  said  forty-third  degree 
of  west  longitude  and  said  eastern  boundary  fine  of 
the  State  of  CaUfornia  to  the  forty-second  degree  of 
north  latitude ;  thence  due  east  along  the  said  forty- 
second  degree  of  north  latitude  to  a  point  formed  by 
its  intersection  with  the  aforesaid  thirty-eighth  degree 


of  longitude  west  from  Washington ;  thence  due  south 
down  said  thirty-eighth  degree  of  west  longitude  to 
the  place  of  beginning.  And  whensoever  Congress 
shall  authorize  the  addition  to  the  Territory  or  State 
of  Nevada  of  any  portion  of  the  territory  on  the  east- 
erly border  of  the  foregoing  defined  limits,  not  exceed- 
ing in  extent  one  degree  of  longitude,  the  same  shall 
thereupon  be  embraced  within  and  become  a  part  of 
this  State;  And  furthermore  provided,  that  all  such 
territory  lying  west  of  and  adjoining  the  boundary 
line  herein  prescrf-bed,  which  the  State  of  California 
may  relinquish  to  the  Territory  or  State  of  Nevada, 
shall  thereupon  be  embraced  within  and  constitute  a 
part  of  this  State. 

No  amendment  was  offered. 

MISCELL.ANEOUS   PROVISIONS. 

The  Convention  took  up,  on  final  revision, 
Article  XV,  entitled  Miscellaneous  Provisions. 

The  SECRETARY  read  Section  1,  as  fol- 
lows : 

Section  1.  The  seat  of  Government  shall  be  at  Car- 
son City,  but  no  appropriation  for  the  erection  or  pi»r- 
chase  of  capitol  buildings  shall  be  made  dui-ing  the 
next  three  years. 

Mr.  PARKER.  I  inquire  if  the  correct  name 
of  this  place  is  Carson  City? 

Mr.  JOHNSON.    It  is. 

Mr.  PROCTOR.  I  named  the  city  myself; 
"  Carson  City"  is  what  we  used  to  call  it. 

Sections  2  to  11,  inclusive,  were  read,  as  fol- 
lows : 

Sec.  2.  Members  of  the  Legislature  and  all  officers. 
Executive,  Judicial  and  Ministerial,  shall,  before  they 
enter  upon  the  duties  of  their  respective  offices,  take 
and  subscribe  to  the  following  oath  or  affirmation  : 

"I, ,  do  solemnly  swear  (or  affirm)  that  I  will 

support,  protect,  and  defend  the  Constitution  and  Gov- 
ernment of  the  United  States,  and  the  Constitution 
and  Government  of  the  State  of  Nevada,  against  aU 
enemies,  whether  domestic  or  foreign,  and  that  I  ^-ill 
bear  true  faith,  allegiance,  and  loyalty  to  the  same,  any 
ordinance,  resolution,  or  law  of  any  State,  Convention 
or  Legislature  to  the  contrary  notwithstanding;  and 
further,  that  I  do  this  with  a  full  determination,  pledge 
and  purpose,  without  any  mental  reservation  or  eva- 
sion whatsoever.  And  I  do  further  solemnly  swear  (or 
affirm)  that  I  have  not  fought  a  duel,  nor  sent  or  accept- 
ed a  challenge  to  fight  a  duel,  nor  been  a  second  to 
either  party,  nor  in  any  manner  aided  or  assisted  in 
such  duel,  nor  been  knowingly  the  bearer  of  such  chal- 
lenge, or  acceptance,  since  the  adoption  of  the  Consti- 
tution of  the  State  of  Nevada,  and  that  I  will  not  be  so 
engaged  or  concerned,  directly  or  indirectly,  in  or 
about  anj-  such  duel,  during  my  continuance  in  office. 
And  further,  that  I  wiU  well  aud  faithfully  perform  all 

the  duties  of  the  office  of ,  on  which  I  am  about 

to  enter;  (if  an  oath)  so  helj)  me  God;  (if  an  affirma- 
tion) under  the  pains  and  penalties  of  perjury. 

Sec.  3.  No  person  shall  be  ehgible  to  any  office  who 
is  not  a  quahfied  elector  under  this  Constitution.  No 
person  who,  while  a  citizen  of  this  State,  has,  since  the 
adoption  of  this  Constitution,  fought  a  duel  with  a 
deadly  weapon,  sent  or  accepted  a  challenge  to  fight  a 
duel  with  a  deadly  weapon,  either  within  or  beyond 
the  boundaries  of  this  State,  or  who  has  acted  as  sec- 
ond, or  knowingly  conveyed  a  challenge,  or  aided  or 
assisted  in  any  manner  in  fighting  a  duel,  shall  be  al- 
lowed to  hold  any  office  of  honor,  profit,  or  trust,  or 
enjoy  the  right  of  suft'rage  under  this  Constitution. 
The  Legislature  shall  provide  by  law  for  giving  force 
and  ett'ect  to  this  section. 

Sec.  4.  No  perpetuities  shall  be  allowed,  except  for 
eleemosynary  purposes. 

Sec.  5".  The  general  election  shall  be  held  on  the 
Tuesday  next  after  the  first  Monday  of  November. 

Sec.  6.  The  aggregate  number  of  members  of  both 
branches  of  the  Legislature  shall  never  exceed  seventy- 
five. 


810 


MISCELLANEOUS— AMENDMENTS. 


[21st  day 


.Wednesday,]      DeLoxg— Johnson— Collixs— Banks— McClixton—Kinkead,  etc.        [July  27. 


Sec.  7.  All  county  offlcsrs  shall  hold  their  ofiaces  at 
the  eountv  seiits  of  their  respective  counties. 

Sec.  8.  "The  Legislature  shall  i^rovide  for  the  speedy 
publication  of  all  statute  laws  of  a  general  nature,  and 
such  decisions  of  the  Supreme  Court  as  it  may  deem 
expedient;  and  all  laws  and  judicial  decisions  shall  bo 
free  for  publication  by  any  person ;  protnded,  that  no 
judgment  of  the  Supreme  Court  shall  take  effect  and 
be  operative  until  the  opinion  of  the  Court  in  such 
■case  shall  be  filed  with  the  CJlerk  of  said  Court. 

Sec.  9.  The  Legislature  may  at  any  time  provide  by 
law  for  increasing  or  diminishing  the  salaries  or  com- 
pensation of  any  of  the  olticers  whose  salaries  or  com- 
pensation are  tixed  in  this  Constitution;  provided,  no 
such  change  of  salai'y  or  compensation  shall  apply  to 
any  officer  dui'ing  the  term  for  which  he  may  have 
been  elected. 

Sec.  10.  All  olKcers  whose  election  or  appointment 
is  not  otherwise  provided  for,  shall  be  chosen  or  ap- 
pointed as  may  be  prescribed  by  law. 

Sec.  11.  The  tenure  of  any  office  not  herein  pro- 
vided for  may  be  declared  by  law,  or  when  not  so  de- 
clared, such  office  shall  l)e  held  during  the  pleasure  of 
the  authority  making  the  appointment:  but  the  Legis- 
latiu-e  shall  not  create  any  office,  the  tenure  of  which 
shall  be  longer  than  four  years. 

The  PRESIDENT  pro  tern.  Will  not  the  pro- 
vision last  read  conflict  with  aaotlier  clause  in 
the  Constitution  which  permits  the  Legislature 
to  increase  the  number  of  Supreme  Court  and 
District  Judges,  the  terms  of  whose  offices  are 
longer  than  four  years?  We  have  provided  in 
another  portion  of  the  instrument  that  the  Leg- 
islature may  increase  the  number  of  Judicial 
Districts  and  District  Judges,  and  also  that 
they  may  provide  for  the  election  of  two  addi- 
tional Associate  Justices  o"f  the  Supreme  Court. 
Mr.  JOHNSON.  I  suggest  that  we  add  the 
words.  "  except  as  otherwi.se  provided  la  this 
Constitution.'' 

Mr.  COLLINS.  I  will  offer  that  amendment. 
I  move  to  add  to  Section  lithe  words,  "  ex- 
cept as  herein  otherwise  provided  in  this  Con- 
stitution." 

Mr.  BANKS.  That  amendment,  it  occurs  to 
me,  is  unnecessary.  The  language  by  which 
the  Legislature  is  empowered  to  provide  for 
the  election  of  two  additional  Associate  .Jus- 
tices seems  to  be  such  as  to  distinctly  create 
the  office.  However,  I  will  interpose  no  objec- 
tion, if  gentlemen  thinii  the  amendment  is 
needed. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Sections  12,  13.  and  14  were  read,  as  follows  : 

Sec.  12.  The  Governor,  Secretary  of  State,  State 
Treasurer,  State  Controller,  and  Clerk  of  the  Supreme 
Court,  shall  keei)  their  respective  offices  at  the  seat  of 
Government. 

Sec.  1:1  The  enumeration  of  the  inhabitants  of  this 
State  shall  be  taken  under  the  direction  of  the  Legis- 
lature, if  deemed  necessary,  in  the  year  eighteen  hun- 
dred and  sixty-live,  eighteen  hundi-cd  and  sixty-seven, 
eighteen  hundred  and  seventy-live,  and  every  ten  years 
thereafter  ;  and  these  enumerations,  togeth(?r  with  the 
census  that  may  be  takcai  under  the  direction  of  the 
Congress  of  the  United  States  in  the  year  eighteen 
hundred  and  seventy,  and  every  subsequent  ten  years, 
shall  serve  as  the  basis  of  representation  in .  both 
Houses  of  the  Legislature. 

Sec.  14.  A  plurality  of  votes  given  at  an  election  by 
the  people  shall  cimstltute  a  choice,  where  not  other- 
wise provided  by  this  Constitution. 

Mr.  McC LINTON.   I  move  to  amend  Section 


13  by  striking  out  the  words  '••  the  year,"  and 
inserting  "A.  D."  instead ;  the  same  amend- 
ment is  necessary  in  two  places.  I  desire  to 
explain  my  reason  for  making  the  motion,  as  it 
was  ruled  out  in  considering  another  section. 
It  is  suggested  to  leave  in  "  the  year,"  and 
simply  insert  '-A.  I)."'  But  suppose  we  leave  it 
to  r.ad  as  it  would  then  :  "  In  the  year  A.  D. 
1865."  Then  if  you  translate  literally  the  A. 
D.,  or  anno  domini,  it  will  be  "  in  the  year,  in 
the  ye:ir  of  our  Lord.  18G5." 

Mr.  KINKEAD.  Suppose  we  strilce  out  "  the 
year,"  and  do  not  put  in  "A.  D." 

Mr.  McCLlNTON.  Then  what  year  will  it 
refer  to?  Tiie  year  of  the  world?  I  tliink, 
sir,  this  is  really  of  more  importance  than  gen- 
tlemen seem  to  suppose. 

The  PRESIDENT  pro  tern.  I  think  tht-re  is 
something  wanting,  unless  we  put  in  "A.  D." 

Mr.  BROSNAN!  Those  initials  are  usually 
employed,  signifying  "  in  tlie  year  of  our 
Lord." 

Mr.  CHAPIN.  I  hope  the  motion  of  the 
gentleman  from  Esmeralda,  to  strike  out  "  in 
the  year,"  and  insert  '-A.  D."  will  prevail,  and 
that  it  will  be  done  in  all  cases,  throughout 
the  instrument. 

The  aniL-ndment  was  agreed  to  by  unanimous 
consent. 

The  Secretary  was  also  instructed,  by  unani- 
mous consent,  to  insert  "A.  D."  in  all  cases 
where  a  year  is  m-intioned  as  a  date  in  tlie 
Constitution. 

AMEXDMEXTS. 

Article  XYI, entitled  Amendments,  was  taken 
up  tor  final  revision. 

The  SECRETARY  read  Section  1,  as  fol- 
lows : 

Section  1.  Any  amendment  or  amendments  to  this 
Constitution  may  be  proi^osed  in  the  Senate  or  Assem- 
l)ly,  and  if  tlie  same  shall  be  agreed  to  by  a  majority  of 
all  the  members  elected  to  each  of  the;  two  Houses, 
such  proposed  amendment  or  amendments  shall  be 
entered  on  their  journals,  with  the  ayes  and  noes  taken 
thereon,  and  referred  to  the  Legislature  then  next  to 
be  chosen,  and  shall  be  published  for  throe  months 
next  precHHiing  the  time  of  making  such  ohoice.  And 
if  in  the  Legislature  next  cliosen  as  aforesaid,  such 
proposed  amt^iidmcnt  or  amendments  shall  be  agreed 
to  by  a  majority  of  all  the  members  elected  to  each 
House,  then  it  shall  be  the  duty  of  the  Legislature  to 
submit  such  proposed  amendment  or  amendments  to 
the  people,  in  such  manner  and  at  such  time  as  the 
Legislature  shall  prescribe ;  and  if  the  people  shall  ap- 
prove and  ratify  such  amendment  or  amendments  by 
a  majority  of  the  electors  quaiilied  to  vote  for  mem- 
bers of  the  Legislature  voting  thereon,  such  amend- 
ment or  ameudaicuts  shall  become  a  part  of  the  Con- 
stitution. 

Mr.  PROCTOR.  I  suggest  that  in  the  first 
part  of  the  amendment  we  put  in  tlie  word 
"respective."  before  -'journals,"  so  that  it  will 
read  :  "  Such  proposed  amendment  or  amend- 
ments shall  be  entered  on  their  respective  jour- 
nals." 

The  PRESIDENT  pro  (em.  I  will  suggest 
also,  that  some  question  has  arisen  in  California, 
under  an  exactly  similar  clause,  relative  to  the 
power  of  the  second  Legislature,  if  they  see 


21st  day.] 


SCHEDULE. 


811 


.  Wednesday,] 


NOURSE  — DeLoNG  — HaWLBY — KiNKEAT) — ChAPIX. 


[July  27. 


fit,  to  amend,  or  add  to  any  of  the  amendments 
adopted  by  the  previous  Legishiture.  The 
query  was,  whether  such  an  amendment,  iC  rati- 
tied  hy  the  people,  would  be  an  ameudment  of 
the  Constitution.  I  think  the  matter  went  to 
the  Supreme  Court. 

Mr.  NOURSE.  How  was  it  decided  by  the 
Supreme  Court? 

The  PRESIDENT  pro  tern.  I  cannot  recol- 
lect at  this  moment. 

The  amendment  suggested  by  Mr.  Proctor, 
to  insert  the  word  "respective,"'  was  agreed  to 
by  unanimous  consent. 

The  PRESIDENT  pro  tern.  I  suggest  that 
the  words  "yeas  and  nays,"  be  substituted  for 
"  ayes  and  noes,"  so  as  to  conform  to  our  pre- 
vious action. 

The  ameudment  was  agreed  to  by  unanimous 
consent. 

Section  2  was  read,  as  follows : 

Sec.  2.  If  at  any  time  the  Legislature,  by  a  vote  of 
two-tliirds  of  the  luembers  elected  to  each  House,  shall 
determine  that  it  is  necessary  to  cause  a  revision  of 
this  entire  Constitution,  they  shall  recommend  to  the 
electors  at  the  next  election  for  members  of  the  Legis- 
lature to  vote  for  or  against  a  Convention;  and  if  it 
shall  appear  that  a  majority  of  the  electors  voting  at 
such  election  have  voted  in  favor  of  calling  a  Conven- 
tion, the  Legislature  shall  at  its  next  session  provide 
by  law  for  calling  a  Convention  to  be  holden  within  six 
mouths  after  the  passage  of  such  law,  and  such  Con- 
vention shall  consist  of  a  number  of  members  not  less 
than  that  of  both  branches  of  the  Legislature.  In  de- 
termining what  is  a  majority  of  the  electors  voting  at 
such  election,,  reference  shall  be  had  to  the  highest 
number  of  votes  cast  at  such  election  for  the  candi- 
dates for  any  office,  or  on  any  question. 

Mr.  HAWLEY.  The  Enrolling  Committee 
recommend  the  insertion  of  the  word  "  shall," 
between  the  words  "  election  "  and  "  have,"  in 
the  fifth  line  of  Section  2,  as  enrolled.  It  is 
an  accidental  omission. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

SCHEOULE. 

Article  XVII,  entitled  Schedule,  was  taken 
up  for  final  revision. 

The  SECRETARY  read  Sections  1  to  4,  in- 
clusive, as  follows  : 

Section  1.  That  no  inconvenience  may  arise  by 
reason  of  a  change  from  a  Territoi'ial  to  a  permanent 
State  G-overnment,  it  is  declared  that  all  rights,  actions, 
prosecutions,  judgments,  claims,  and  contracts,  as 
well  of  individuals  as  of  bodies  corporate,  including 
counties,  towns,  and  cities,  shall  continue  as  if  no 
change  had  taken  place  ;  and  all  process  which  may 
issue  iinder  the  authority  of  the  Tei-ritory  of  Nevada, 
previous  to  its  admission  into  the  Union  as  one  of  the 
United  States,  shall  be  as  vaUd  as  if  issued  in  the  name 
of  the  State  of  Nevada. 

Sec.  2.  All  laws^  of  the  Territory  of  Nevada,  in 
force  at  the  time  of  the  admission  of  this  State,  not  re- 
pugnant to  this  Constitution,  shall  remain  in  force 
until  they  exiJire  by  their  owni  limitations,  or  be  alter- 
ed or  repealed  by  the  Legislature. 

Sec.  3.  All  tines,  penalties,  and  forfeitures  accruing 
to  the  Territory  of  Nevada,  or  to  the  people  of  the 
United  States  in  the  Territory  of  Nevada,  shall  inure 
to  the  State  of  Nevada. 

Sec.  4.  AU  recognizances  heretofore  taten,  or  which- 
may  be  taken  before  the  change  from  a  Territorial  to  a 
permanent  State  Government,  shall  remain  valid,  and 
shall  pass  to,  and  may  be  prosecuted  in  the  name  of 


the  State  ;  and  all  bonds  executed  to  the  G-overnor  of 
the  Territory,  or  to  any  other  officer  or  court  in  his  or 
their  ollicial  capacity,  or  to  the  peoijle  of  the  United 
States  in  the  Territory  of  Nevada,  shall  pass  to  the 
Governor,  or  other  officer  or  court,  and  his  or  their 
successors  in  olUce,  lor  tlie  uses  therein  respectively 
exiires.sed,  and  may  be  sued  on,  and  recovery  had  ac- 
cordingly: and  all  property,  real,  personal,  or  mixed, 
and  all  judgnuiits.  bonds,  specialties,  choses  in  ac- 
tion, claims,  and  debts,  of  whatsoever  descrii)tion,  and 
all  records  and  public  archives  of  the  Territory  of  Ne- 
vada, shall  issue  to  and  vest  in  the  State  of  Nevada, 
and  may  be  sued  for  and  recovered  in  the  same  man- 
ner and  to  the  same  extent  by  the  State  of  Nevada,  as 
the  samt;  coul<l  have  been  bj'  the  Territory  of  Nevada. 
All  criminal  prosecutions  and  i)enal  actions  whicli  may 
have  arisen,  or  which  may  arise  before  the  change  fro)U 
a  Territorial  to  a  State  (Tovcrnment,  and  which  shall 
then  be  pending,  shall  be  prosecuted  to  judgment  and 
execution  in  the  name  of  the  State.  All  offenses  com- 
mitted against  the  laws  of  the  Territory  of  Nevada 
before  the  change  from  a  Territorial  to  a  Stale  Govern- 
ment, and  which  shall  not  be  jirosecuted  before  such 
cliauge,  may  be  prosecuted  in  the  name  and  by  the 
authority  of  the  State  of  Nevada  with  lilie  eflfect  as 
though  such  change  had  not  taken  i>lace,  and  all  i)en- 
alties  incurred  shall  remain  the  same  as  if  this  Consti- 
tution had  not  been  adopted.  All  actions  at  law  and 
suits  in  equity,  and  other  legal  proceedings,  which 
may  be  pending  in  any  of  the  courts  of  the  Territory 
of  Nevada  at  the  time  of  tiie  change  from  a  Territorial 
to  a  State  Government,  may  bo  continued  and  trans- 
ferred to  and  determined  by  any  court  of  the  State 
which  shall  have  jiu'isdiction  of  the  subject  matter 
thereof.  AU  actions  at  law,  and  suits  in  eqiiity,  and 
aU  other  legal  proceedings,  whicth  may  be  pending  in 
any  of  the  courts  of  the  Territory  of  Nevada  at  the 
time  of  the  change  from  a  Territorial  to  a  State  Gov- 
ernment, shall  be  continued  and  transferred  to,  and 
may  be  prosecuted  to  judgment  and  execution  in  any 
court  of  the  State  which  shall  have  jurisdiction  of  the 
subject  matter  thereof  ;  and  all  books,  xiajjers,  and 
records,  relating  to  the  same,  shall  be  transferred  in 
Uke  manner  to  such  court. 

Mr.  KINKEAD.  I  move  to  strike  out  the 
word  "permanent,"  where  it  occurs  in  tlie  first 
sentence  of  Section  4 — the"  second  line  of  the 
section  as  enrolled — before  the  words  "  State 
Government." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Section  5,  [heretofore  transferred  from  the 
article  entitled  Salaries,]  was  read,  as  follows  : 

Sec.  5.  For  the  first  term  of  office  succeeding  the 
formation  of  a  State  Government,  the  salary  of  the 
Governor  shall  be  four  thousand  dollars  per  annum; 
the  salary  of  the  Secretary  of  State  shall  bo  three  thou- 
sand six  hundred  doUars  per  annum;  tlie  salary  of  the 
State  Controller  shall  be  three  thousand  six  liundred 
dollars  per  annum ;  the  salary  of  tlie  State  Treasurer 
shall  be  three  thousand  six  hundred  doUars  per  an- 
num ;  the  salary  of  the  Surveyor-General  shall  be  one 
thousand  dollars  per  annum;  the  .salary  of  the  Attor- 
ney-General shall  be  two  tlunisand  five  hundred  dol- 
lars per  annum ;  the  salary  of  the  Superintendent  of 
Public  Instruction  shall  be  two  thousand  dollars  per 
annum ;  the  salary  of  each  .Judge  of  the  Supreme  Coiu't 
shall  be  seven  thousand  dollars  per  annum :  tlie  sala- 
ries of  the  foregoing  officers  shall  be  paid  quarterly 
out  of  the  State  Treasvn-y.  1* he  pay  of  State  Senators 
and  members  of  Assembly  shall  be  eight  dollars  per 
day  for  each  day  of  actual  service,  and  forty  cents  per 
mile  for  mileage  going  to  and  returning  from  the  place 
of  meeting.  No  officer  mentioned  in  this  section  shall 
receive  any  fee  or  perquisites  to  his  own  use  for  the 
performaiice  of  any  duty  eonneeted  with  his  office,  or 
for  the  performance  of  any  additional  duty  imposed 
upon  him  by  law. 

Mr.  GIIAPIN.   I  desire  to  propose  an  amend- 


812 


SCHEDULE. 


[21st  day. 


Wednesday,]         Proctor — Mdrdock — Kinkead — Banks — Tagliabue — Brosnan. 


[July  27. 


ment  to  this  section.  Another  section  has  been 
prepared,  establishing  the  salaries  of  the  Dis- 
trict Judges,  and  it  is  nearly  ready  to  present 
to  the  Convention  ;  but  in  that  section,  nobody 
proposes  to  place  the  salary  of  the  District 
Judges  in  the  County  of  Storey  at  more  than 
six  thousand  dollars  per  annum.  Yet  the  Dis- 
trict Judges  in  that  county  will  be  continuously 
engaged,  and  will  have  infinitely  more  labor  to 
perform  than  any  of  the  Supreme  Court  Judges 
will.  Therefore  I  move  to  strike  out  "  seven," 
and  insert ''  si.x,"  in  the  clause  relative  to  the 
salary  of  Supreme  Court  Judges,  so  that  it  will 
read  :  "  The  salary  of  each  Judge  of  the  Su- 
preme Court  shall  be  six  thousand  dollars  per 
annum." 

Mr.  PROCTOR.     I  object. 

The  PRESIDENT  pro  ttm.  Objection  being 
made,  the  amendment  cannot  be  entertained. 

Section  6  was  read,  as  follows  : 

Sec.  6.  Until  otherwise  provided  by  the  Legislature, 
the  ai)iJortioumeiit  of  Senators  and  Assemblymen  in  the 
different  counties  shall  be  as  follows,  to  wt  :  Storey 
County,  four  Senators  and  twelve  Assemblymen  ; 
Douglas  County,  one  Senator  and  two  Assemblj-men  ; 
Esmeralda  County,  two  Senators  and  four  Assembly- 
men ;  Humboldt  County,  two  Senators  and  three  As- 
semblymen ;  Lander  County,  two  Senators  and  four 
Assemblymen  ;  Lyon  County,  one  Senator  and  three 
Assemblj'men ;  Lyon  and  Churchill  Counties,  one  Sen- 
ator jointly;  Churchill  County,  one  Assembljnuan ; 
Nye  County,  one  Senator  and  one  Assemblyman ;  Wash- 
oe and  Koop  Counties,  two  Senators  and  three  Assem- 
blymen ;  Ormsby  County,  'two  Senators  and  three 
Assemblymen. 

Mr.  MDRDOCK.  I  understand  from  the 
reading  that  Lyon  County  has  one  Senator  and 
three  Assemblymen,  and  Lyon  and  Churchill 
one  Senator  jointly. 

The  PRESIDENT  pro  tern.  That  is  correct  ; 
and  then  Churchill  County  has  one  Assembly- 
man. 

Mr.  KINKEAD.  I  move  to  amend  Section  6 
by  striking  out  "  the  Legislature,"  in  the  first 
line,  and  inserting  instead  the  word  "  law,' 
so  as  to  read :  "  until  otherwise  provided  by 
law." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Sections  7,  8,  and  9  were  read,  as  follows  : 

Sec.  7.  All  debts  and  lial)ilities  of  the  Territory  of 
Nevada,  lawfully  incurred,  and  wliich  remain  unpaid 
at  the  time  of  the  admission  of  this  State  into  the 
Union,  shall  be  assumed  by,  and  btcume  the  debt  of 
the  State  of  Nevada.  I'rovidid,  that  the  assumption 
of  such  debt  shall  not  previait  the  State  from  contract- 
ing the  additional  indebtedness,  as  prescribed  in  Sec- 
tion 3  of  Article  IX,  of  this  Cimstitutiou. 

Sec.  8.  The  term  of  State  officers,  except  jiidicial, 
elected  at  the  first  election  under  this  Ciinstituticin, 
shall  continue  until  the  Tuesday  after  the  lirst  .Monday 
of  January,  A.  \>.  18G7,  and  until  the  election  and  quali- 
fication of  their  successors. 

Sec.  U.  The  Senators  to  be  elected  at  the  first  elec- 
tion under  this  Constitution  shall  draw  lots,  so  that  the 
term  of  one-half  of  the  number,  as  near  as  may  be,  shall 
expire  on  the  daj'  succeeding  the  general  election  in  A. 
D.  1800,  and  the  term  of  the  other  half  sliall  expire  on 
the  day  succeeding  the  gen(!riil  clcition  in  A.  D.  IWIH  ; 
provided,  that  in  drawing  lots  for  all  Senatorial  terms, 
the  Senatorial  representation  shall  be  allotted  so  tliat 
in  the  counties  having  two  or  more  Senators  the  terms 


thereof  shall  be  divided,  as  near  as  may  be,  between 
the  long  and  short  terms. 

Mr.  BANKS.  The  word  "  near  "  occurs  in 
two  places  in  Section  9 — "  as  near  as  may  be." 
I  move  to  add  the  syllable  "  ly,"  so  as  to  read, 
"  as  nearly  as  may  be." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Section  10  was  read,  as  follows  : 

Sec.  10.  At  the  general  election  in  A.  D.  186G,  and 
thereafter,  the  term  of  Senators  shall  be  for  four  years 
from  the  day  succeeding  such  general  election,  and 
members  of  Assembly  for  two  years  from  the  day  suc- 
ceeding such  general  election,  and  the  terms  of  Sena- 
tors shall  be  allotted  by  the  Legislature  in  long  and 
short  terms,  as  hereinbefore  provided,  so  that  one-half 
the  number,  as  nearly  as  may  be,  shall  be  elected 
every  two  years. 

Mr.  BANKS.  I  suppose  the  phrase  "  by  law," 
should  be  inserted  here,  in  place  of  '•  by  the 
Legislature."  I  would  prefer  that  some  other 
gentleman  would  move  the  amendment,  as  I  do 
not  wish  to  appear  .so  much  in  the  line  of 
these  corrections.  I  will  move,  however,  to 
strike  out  "the  Legislature,"  and  insert  "  law," 
so  as  to  read  :  "  and  the  terms  of  Senators  shall 
be  allotted  by  law." 

Mr.  TAGLIABUE.  I  object.  That  is  a  mat- 
ter for  the  Legislature,  altogether. 

Mr.  BANKS.  Permit  me  to  make  an  inquiry 
of  the  gentleman.  Will  not  this  have  to  be 
done  by  a  law?  Can  the  Legislature  do  it 
by  a  resolution  ?  I  have  not  been  anxious  to 
secure  the  incorporation  of  this  phrase  "  by 
law  "  in  other  provisions,  but  inasmuch  as  it 
has  been  done  in  other  cases,  it  seems  to  me 
that  uniformity  is  desirable  in  that  respect, 

Mr.  BROSNAN.  Why  is  it  necessary  to  en- 
act a  law  for  this  purpose  ? 

Mr.  BANKS.  I  withdraw  the  amendment ; 
it  can  be  done  by  a  resolution,  I  suppose. 

Sections  11, 12,  and  13  were  read,  as  follows  : 

Sec.  11.  The  term  of  members  of  the  Assembly 
elected  at  the  first  election  under  this  Constitution, 
shall  exijire  on  the  day  succeeding  the  general  election 
in  A.  D.  1865,  and  the  terms  of  those  elected  at  the 
general  election  in  A.  D.  18(5,5,  shall  exi^ire  on  the  day 
succeeding  the  general  election  in  A.  D.  18G6. 

Sec.  Vi..  The  first  regular  session  of  the  Legislature 
shall  commence  on  the  second  Monday  of  December, 
A.  D.  IHIU,  and  the  second  regular  session  of  the  same 
shall  commence  on  the  first  Monday  of  January,  A.  D. 
lH(i(),  and  the  third  regular  session  of  the  Legislature 
shall  be  the  first  of  the  biennial  sessions,  and  shall 
commence  on  the  first  Monday  of  January,  A.  D.  1867, 
and  the  regular  sessions  of  the  Legislature  shall  be 
held  thi'reafter  biennially,  commencing  on  the  first 
M(mday  of  January. 

Sec.  13.  All  county  officers,  under  the  laws  of  the 
Territory  of  Nevada  at  the  time  when  this  Constitution 
sliall  take  effect,  whose  offices  are  not  inconsistent 
with  the  provisions  of  this  Constitution,  shall  continue 
in  office  until  the  first  Monday  of  January,  A.  D.  1867, 
and  until  their  successors  .shall  be  elected  and  qualified; 
and  all  township  officers  shall  continue  in  office  until 
the  expiration  of  their  terms  of  office,  and  until  their 
successors  are  elected  and  qualified.  I'rovidid.  that 
the  Probate  Judges  of  the  several  counties  respective- 
ly, sliall  continue  in  office  until  the  election  and  quall- 
tif^ation  of  the  District  Judges  of  the  several  counties 
or  jiulicial  districts.  And  further  provided,  that  the 
tc^rm  of  office  of  the  present  county  officers  of  Lander 
County  shall  expire  on  the  first  Monday  of  January, 


21st  day.] 


SCHEDULE. 


813 


Wednesday,]    Hawlet— Nocrse— Brosnan — Proctor— Johnson— Mason— Kennedy.    [July  27. 


A.  D.  1865,  except  the  Probate  Judge  of  said  county, 
whose  term  of  office  shall  expire  uijou  the  first  Monday 
of  December,  A.  D.  1861.  And  there  shall  be  an  election 
for  county  officers  of  Lauder  County  at  the  general  elec- 
tion in  November,  A.  D.  1861,  and  the  officers  then 
elected  shall  hold  office  from  the  first  Monday  of  Jan- 
uary, A.  D.  1865,  until  the  first  Monday  of  January,  A. 
D.  1867,  and  until  their  successors  are  elected' and 
qualified. 

Mr.  HAWLEY.  I  move  to  amend  Section 
13,  in  the  first  clause,  by  striking  out  the  words 
"  shall  be,"  after  "  successors,"  and  inscrtiufr 
the  word  "  are."  Then  it  will  read  :  "  and 
until  their  successors  are  elected  and  qualified." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Section  14  was  read,  as  follows  : 

Sec.  11.  The  Governor,  Secretary,  Treasurer,  and 
Superintendent  of  Public  Instruction  of  the  Territory 
of  Nevada,  shall  each  continue  to  discharge  the  duties 
of  their  respective  offices  after  the  admission  of  this 
State  into  the  Union,  and  until  the  time  designated  for 
the  quaUflcation  of  the  above  named  officers  to  be 
elected  under  the  State  Government  ;  and  the  Terri- 
torial Auditor  shall  continue  to  discharge  the  duties  of 
his  said  office  until  the  time  apijointed  for  the  qualifi- 
cation of  the  State  Controller  ;  jjroHdecl,  that  said 
officers  shall  each  receive  the  salaries  and  be  subject  to 
the  restrictions  and  conditions  as  provided  in  this  Con- 
stitution ;  and  provided  further,  that  none  of  them 
shall  receive  to  his  own  use  any  fees  or  perquisites  for 
the  performance  of  any  duty  connected  with  his  office. 

Mr.  NOURSE.  I  move  to  strike  out  the 
word  "  as  "  after  "  restrictions  and  conditions," 
in  the  first  proviso,  so  as  to  read — •'  and  be  sub- 
ject to  the  restrictions  and  conditions  pro- 
vided in  this  Constitution." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Section  15  was  read,  as  follows  : 

Sec.  15.  The  terms  of  the  Supreme  Court  shall,  un- 
til provision  be  made  by  law,  be  held  at  such  times 
as  the  judges  of  said  court,  or  a  majority  of  them, 
may  ai^point.  The  first  terms  of  the  sevei-al  District 
Courts,  (except  as  hereinafter  mentioned,)  shall  com- 
mence on  the  first  Monday  of  December,  A.  D 1864.  The 
first  term  of  the  District  Court  in  the  Fifth  Judicial 
District,  shall  commence  on  the  first  Monday  of  De- 
cember, A.  D  1864.  in  the  Count}'  of  Nye,  and  shall  com- 
mence on  the  first  Monday  of  January,  A.D.  1865,  in  the 
County  of  Churchill.  The  terms  of  the  Fourth  Judi- 
cial District  shall,  until  otherwise  pro\-ided  by  law,  be 
held  at  the  county  seat  of  Washoe  County,  and  the  first 
term  thereof  be  held  on  the  first  Monday  of  Decem- 
ber, A.  D.  1864. 

SALARIES   OF   DISTRICT   JUDGES. 

Mr.  BROSNAN.  I  ask  the  unanimous  con- 
sent of  the  Convention  for  the  insertion  of  the 
two  following  sections  in  the  Schedule,  imme- 
diately following  the  section  last  read. 

Sec.  16.  The  judges  of  the  several  District  Courts 
of  this  State  shall  be  paid,  as  hereinbefore  provided, 
salaries  at  the  following  rates  per  annum  :  First  Judi- 
cial District,  {each  judge,)  six  thousand  dollars  ;  Se- 
cond Judicial  District,  four  thousand  dollars  ;  Third 
Judicial  District,  five  thousand  dollars  ;  Fourth  Judi- 
cial District,  five  thousand  dollars  ;  Fifth  Judicial  Dis- 
trict, thirty-six  hundred  dollars  ;  Sixth  Judicial  Dis- 
trict, four  thousand  dollars  ;  Seventh  Judicial  District, 
five  thousand  dollars;  Eighth  Juaicial  District,  thirtj-- 
six  hundred  dollars  ;  Ninth  Judicial  District,  five 
thousand  dollars.  ,.  .  , 

Sec.  17.  The  salai-ies  of  any  Judge  of  said  Judicial 
Districts  may,  by  law,  be  altered  or  changed,  subject 
to  the  provisions  contained  in  this  Constitution. 


Mr.  PROCTOR.  What  district  is  Lander 
County? 

Mr.  BROSNAN.  It  is  the  seventh  ;  the  salary 
is  five  thousand  dollars. 
Mr.  JOHNSON.  By  leave  of  the  Convention, 
I  will  read  over  the  provision  naming  the 
counties  embraced  in  each  district,  and  the  sal- 
aries of  the  judges,  so  that  each  memijcr  may 
understand  what  is  proposed  to  be  the  compen- 
sation of  the  judge  in  his  district. 

The  First  Judicial  District  comprises  Storey 
County  ;  six  thousand  dollars  for  each  of  the 
three  judges  in  that  district.  The  Second  Dis- 
trict is  Ormsby  County  ;  four  thousand  dollars. 
Third,  Lyon  County  ;  five  thousand  dollars. 
Fourth.  Washoe  and  Roop  ;  five  thousand  dol- 
lars. Fifth,  Nye  and  Churchill  ;  tiiirty-si.x 
hundred  dollars.  Si.xth,  Humboldt  ;  four  thou- 
sand dollars.  Seventh,  Lander  ;  five  thou.sind 
dollars.  Eighth,  Douglas  ;  thirty-six  hundred. 
Ninth,  Esmeralda;  five  thousand  dollars. 

Mr.  PROCTOR.  I  move  to  substitute  "  six  " 
for  "five"  in  the  clause  fixing  the  salary  of 
the  Judge  of  the  Seventh  District,  so  as  to  give 
him  a  salary  of  six  thousand  dollars.  My  rea- 
son for  making  the  motion  is  this  :  I  think  the 
judge  of  that  district  will  have  more  to  do  than 
either  of  the  judges  of  the  Storey  County  Dis- 
trict, who  are  to  receive  six  thousand  dollars  a 
year.  It  will  be,  from  the  beginning,  the  sec- 
ond county  in  importance  in  the  State,  and 
perhaps  in  less  than  two  years  it  may  contain 
more  people  even  than  the  Countj'  of  Storey. 

Mr.  BROSNAN.  I  would  inquire  of  some 
member  of  the  Committee  on  Schedule,  which 
had  this  subject  under  consideration  whilst  the 
member  from  Lander  (Mr.  Warwick)  was  pres- 
ent, what  his  views  were  in  regard  to  the  salary 
of  the  Judge  of  that  District? 

Mr.  PROCTOR.  I  do  not  think  it  was  under 
discussion  whilst  he  was  present. 

Mr.  JOHNSON.  I  spoke  to  the  gentleman 
from  Lander  about  the  matter,  some  time  ago, 
and  he  said  he  would  consider  it ;  but  he  left 
without  making  any  response. 

Mr.  MASON.  This  is  a  stibject  which  has 
never  been  brought  up,  I  believe,  till  to-day, 
and  I  had  supposed  the  understanding  was  that 
the  District  Judges  were  to  make  their  offices 
pay  by  selling  decisions.     [Merriment.] 

Mr.  KENNEDY.  It  was  considered  in  the 
Committee  on  Schedule,  and  it  was  agreed  to 
report  a  section  similar  to  this,  but  by  some 
oversight  it  was  overlooked  when  the  report 
was  prepared.  I  do  not  rememljer  what  the 
gentleman  from  Lander  (Mr.  Warwick)  said  on 
the  suljject,  and  I  think  1  only  conversed  al)out 
it  with  the  gentleman  from  Douglas,  (,Mr.  Ilaw- 
loy,)  and  the  gentleman  from  Humboldt,  (Mr. 
Dunne.) 

The  question  was  taken  on  the  amendment 
ottered  i)y  Mr.  Proctor,  and  it  was  agreed  to. 

Mr.  CHAPIN.  I  hope  the  delegates  will  re- 
member that  each  county  is  obliged  to  foot  the 
bill  for  its  own  Judge.  In  .some  cases,  it  .seems 
to  me,  the  salaries  are  higher  tlian  tlicy  ought 


814 


SCHEDULE. 


[21st  day. 


Wednesday,] 


Pkoc  roil— Johnson — Brosnan — Crosman — DeLong — Chapin. 


[July  27. 


to  be.  but  if  the  delegates  from  each  of  the 
counties  iatcrested  are  satisfied,  I  have  not  a 
word  to  say. 

Mr.  PROCTOR.  I  should  not  have  proposed 
the  aiiK-udmeut  in  regard  to  Lander  County,  if 
the  di'lcgate  from  that  county  had  Ijeeu  pres- 
ent, but  I  am  satisfied  that  it  will  meet  his 
views,  and  also  receive  the  approval  of  the 
people  of  Lander  County. 

Mr.  JOHNSON.  I  believe  it  is  provided  in 
some  part  of  the  Constitution  that  the  Judges 
are  to  be  paid  out  of  the  treasuries  of  the  re- 
spective counties. 

Mr.  BROSNAN.  That  provision  is  contained 
in  the  Judicial  Article. 

Mr.  JOHNSON.    Very  well. 

Mr.  CROSMAN.  This  new  section  provides 
for  the  Judges"  salaries  only  for  the  hrst  term, 
I  understand. 

Mr.  JOHNSON.  No,  sir  ;  for  all  time,  or 
until  the  Legislature  shall  deem  it  exp'^dient  to 
make  a  change.  It  is  left  subject  to  alteration 
by  the  Legislature,  is  it  not? 

The  PRESIDENT  -pro  te/n.     Yes,  sir. 

Mr.  BROSNAN.  It  is  provided  in  some  por- 
tion of  the  Constitution  liial  the  Legislature 
may  impose  a  docket  fee,  and  I  believe  it  was 
the  intention  that  such  fee  should  be  paid  over 
to  the  Judges,  as  a  portion  of  their  salaries. 
This,  it  strikes  me,  M'ould  be  a  proper  place  to 
provide  for  that ;  otherwise,  unless  some  provi- 
sion is  made,  it  will  necessarily  go  into  the 
general  fund. 

Mr.  JOHNSON.  I  believe  the  language  is 
explicit  enough.  It  occurs  in  Section  1(5  of  the 
article  on  Judicial  Department. 

The  PRESIDENT  pro  tern.  I  think  it  only 
provides  that  the  money  shall  be  accounted  for 
and  paid  over. 

Mr.  BROSNAN.  They  are  to  pay  it  over, 
and  then  it  is  to  be  applied  as  provided  by  law. 
Let  the  section  be  read. 

The  SECRETARY  read  Section  1(3  of  the 
article  entitled  Judicial  Department,  as  fol- 
lows : 

Sec.  16.  The  Lentislatiirc,  at  its  first  session,  and 
from  time  to  time  thereiil'ter,  shall  provide  by  law  that 
upon  the  iustitiitiou  of  each  civil  action  and  othex-  pro- 
ceedings, and  also  upon  the  perfecting  of  an  apxjea'  in 
any  civil  action  or  proceeding  in  the  several  Courts  of 
Record  in  this  State,  a  siiecial  court  fee  or  tax  shall  be 
advanced  to  the  clerks  of  said  courts  respectively  by 
the  party  or  parties  bringing  such  action  (jr  proceed- 
ing, or  taking  such  apjjeal;  and  the  money,  so  paid  in, 
shall  be  accounted  for  by  such  clerks,  and  applied  to- 
wards the  payment  of  the  compensation  of  the  Judges 
of  said  courts,  as  shall  bo  directed  by  law. 

The  PRESIDENT  pro  tem.  That  is  all  right  ; 
the  wbole  ground  is  covered  by  that  section. 

Mr.  CH.IPIN,  and  others,  demand 'd  the  yeas 
and  nays  on  the  adoption  of  tlie  two  new  sec- 
tions proposed  by  Mr,  Brosnan,  as  amended. 

The  question  was  taken  tiy  yeas  and  nays, 
and  the  vote  was — yeas,  21 ;  uays,  none — as 
follows : 

}'ea.»— Messrs,  Banks,  Beldcn,  Brosnan,  Chapin,  Col- 
lins, Crawford,  Crodman,   DeLong»  Folsom,   Gibson, 


Hawley, Kennedy,  Kinkead,  Mason,  McCUnton,  Nourse, 
Parker,  Proctor,  Tagliabue,  Wetherill,  and  Mr.  Presi- 
dent—21. 
Xays — None. 

So  the  sections  were  adopted. 

TllE    SCHEDULK^CONTINUED. 

The  SECRETARY  read  Section  18,  (as  re- 
numbered,) as  follows  : 

Sec.  18.  The  Governor,  Lieutenant-Governor,  Secre- 
tarj'  of  State,  State  Treasurer,  State  Controller,  Attor- 
ney-General, Surveyor-General,  Clerk  of  the  Supreme 
Court,  and  Superintendent  of  Public  Instruction,  to  be 
elected  at  the  first  election  under  this  Constitution, 
shall  each  be  qualified  and  enter  upon  the  duties  of 
their  respective  ofiices  on  the  first  Monday  of  Decem- 
ber succeeding  their  election,  and  shall  continue  in 
office  until  the  first  Tuesday  after  the  first  Monday  of 
January,  A.  D.  1867,  and  until  the  election  and  qualifi- 
cation of  their  successors  respectively. 

Mr,  JOHNSON.  I  think  •'  shall  each  qual- 
ify," would  read  better  than  "  shall  each  be 
qualihi'd,"  in  this  section.  I  move  to  make 
that  change. 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Section  19  was  read,  as  follows  : 

Sec.  19.  The  Judges  of  the  Supreme  Court,  and 
District  Judges,  provided  to  be  elected  at  the  first 
election  under  this  Constitution,  shall  be  qualified  and 
enter  uijon  the  duties  of  their  respective  offices  on  the 
first  Monday  of  December  succeeding  their  election. 

Mr,  JOHNSON.  That  requires  the  same 
amendment ;  strike  out  "be  qualihed,"  and  in- 
sert "  qualify." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Sections  20  and  21  were  read,  as  follows: 

Sec.  20.  All  officers  of  State,  and  District  Judges, 
first  elected  under  this  Constitution,  shall  be  commis- 
sioned by  the  Governor  of  this  Territory,  which  com- 
mission shall  be  countersigned  by  the  Secretary  of  the 
same,  and  shall  qualify  before  entering  upon  the  dis- 
charge of  their  duties  before  any  officer  authorized  to 
administer  oaths  under  the  laws  of  this  Territory;  and 
also  the  State  Controller  and  State  Treasurer  shall  each 
resijectively,  before  they  qualify  and  enter  upon  the 
discharge  of  their  duties,  execute  and  dehver  to  the 
Secretary  of  the  Territory  of  Nevada,  an  official  bond, 
made  payable  to  the  people  of  the  Stite  of  Nevada, 
in  the  sum  of  thirty  thousand  dollars,  to  be  api^roved 
by  the  Governor  of  the  Territory  of  Nevada;  and 
shall  also  execute  and  deliver  to  the  Secretary  of  State 
such  other  or  further  official  bond  or  bonds  as  may 
be  required  by  law. 

Sec  21.  Each  county,  town,  city,  and  incorporated 
vUlage,  shall  make  provision  for  the  support  of  its 
own  officers,  subject  to  such  regulations  as  the  Legis- 
lature may  prescribe, 

Mr.  JOIIN'SON.  I  move  to  amend  Section 
21,  by  striking  out  the  words  '•  the  Legislature 
may  prescribe,"  and  inserting  "  may  be  pre- 
scribed by  law  ;"  so  tiiat  it  will  read  :  "  Sub- 
ject to  such  regulations  as  may  be  prescribed 
by  law." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  C ROS.M AN.  I  will  ask ,  wh i  1  o  I  t bi n k  of 
it,  how  the  District  Judge  of  the  Fifth  District 
is  to  get  his  i»ay  ? 

The  PRESIDENT  pro  tem.  Out  of  the  treas- 
uries of  the  two  counties. 


21st  day,] 


SCHEDULE. 


815 


AVednesday,]    Crosiiax-Hawj.ey-Ken.\edy-Biiosnan-Banks— Proctor-Chapin.     [July  27. 


Mr.  CROSMAN.  I  think  some  arrangement 
to  apportion  it  between   them   should  be  made. 

The  PRESIDENT  fro  tern.  That  may  be 
done  by  law. 

Sections  22,  23,  and  24  were  read,  as  follows  : 

Sec.  22.  In  case  the  office  of  any  Justice  of  the  Su- 
preme Court,  District  .Judge,  or  otlier  State  officer  shall 
become  vacant  before  the  expiration  of  the  regulcir 
term  for  which  he  was  elected,  the  vacancy  may  be 
filled  liy  appointment  by  the  Governor,  until  it  shall 
be  supplied,  at  the  next  general  election,  when  it  shall 
be  tilled  by  election,  for  the  residue  of  the  imexpu-ed 
term. 

Sec.  23.  All  cases,  both  civil  and  criminal,  which 
may  be  pending  and  undetermined  in  the  Probate 
Courts  of  the  several  counties,  at  the  time  when  under 
the  provisions  of  this  Constitution  said  Probate  Courts 
are  to  be  abohshed,  shall  be  transferred  to  and  deter- 
mined by  the  District  Courts  of  such  counties  re.';pec- 
tively. 

Sec.  2i.  At  the  first  regular  se'ssion  of  the  Legisla- 
ture, to  convene  under  the  requirements  of  this  Con- 
stitution, provision  shall  be  made  by  law  for  pay- 
ing for  the  publication  of  six  hundred  coDies  of  the 
proceedings  of  this  Convention,  in  book  form,  to  be 
disposed  of  as  the  Legislature  may  direct ;  and  the 
Hon.  J.  Neely  Johnson,  President  of  this  Convention, 
shall  contract  for,  and  A.  J.  Marsh,  Official  ileporter  of 
this  Convention,  tinder  the  direction  of  the  President, 
shall  supervise  the  pubhcation  of  such  proceedings. 
Provision  shall  be  made  by  law,  at  such  first  session  of 
the  Legislature,  for  the  compensation  of  the  Official 
Keporter  of  this  Convention,  and  he  shall  be  paid  in 
coin,  or  its  equivalent.  He  shall  receive  for  his  ser- 
vices, in  reporting  the  debates  and  proceedings,  fifteen  i 
dollars  per  day  during  the  session  of  the  Convention, 
and  seven  and  one-half  dollars  additional  for  each ! 
evening  session,  and  thirty  cents  jser  foUo  of  one  hun- 
dred words  for  prejjaring  the  same  for  publication  ; 
and  for  supervising  and  indexing  such  pubhcation, 
the  sum  of  fifteen  dollars  per  day  during  the  time 
actually  engaged  in  such  service.    ' 

Mr.  HAWLEY.  I  move  to  amend  the  sec- 
tion last  read,  by  inserting  before  the  word 
"  proceeding.s."  where  it  first  occurs,  the  words 
"  debates  and  ;"  so  as  to  read,  •■  provision  shall 
be  made  by  law  for  paying  for  the  publication 
of  six  hundred  copies  of  the  debates  and  pro- 
ceedings of  this  Conventiou,"  etc. 

The  ameadmeat  was  agreed  to  by  unanimous 
consent. 

Mr.  KENNEDY.  I  understood  this  section 
was  to  be  placed  last  in  the  article. 

The  PRESIDENT  pro  tern.  The  Secretary 
will  so  number  it. 

The  SECRETARY.  That  was  so  ;  it  will  be 
numbered  Section  26. 

LIMITATION'    OF    T.IXATIOX,    ETC. 

Section  24,  (as  renumbered,)  was  read,  as 
follows : 

Sec.  24.  For  the  first  three  years  after  the  adoption 
of  this  Constitution^  the  Legislature  shall  not  levy  a 
tax.  for  State  purposes,  exceeding  one  per  cent,  per 
annum  on  the  taxable  property  in  the  State,  nor  shall 
any  appropriatitms  be  made  out  of  the  revenue  arising 
from  said  tax,  except  in  the  following  order,  to  wit  : 
First,  for  paying  interest  upon  the  public  debt ;  sec- 
ond, for  salaries  of  State  officers  :  third,  for  State 
Prison  exxienses  ;  fourth  for  educational  purposes  ; 
fifth,  for  legislative  and  miscellaneous  exjicnses.  Pro- 
vided, the  Legislature  maj-  levy  a  special  tax  not  ex- 
ceeding one-fourth  of  one  per  cent,  per  anniim,  which  I 
shall  be  apijropriated  to  the  jjayment  of  the  indebted- 1 
ness  of  the  Territory  of  Nevada,  assumed  by  the  State 


of  Nevada,  and  for  that  purpose  only,  untU  all  of  said 
mdebtedness  is  paid. 

Mr.  BROSNAN.  It  seems  to  me,  Mr.  Presi- 
dent, thiit  that  section,  as  it  now  reads,  is  ia 
contlict— apparently  so,  at  all  events,  if  it  does 
not  come  in  actual  conflict— with  Section  2  of 
Article  IX,  which  provides  that  the  Legisla- 
ture shall  levy  such  amount  of  tux  as  mav  bo 
sufficient  to  defray  the  annual  expenses  of' tlie 
State  Government,  and  that  in  case  there 
shall  be  a  deficit  in  any  year,  a  tax  shall 
be  levied  for  the  ensuing  year,  sufficient  not 
only  to  meet  the  expenses  of  that  year,  but 
also  to  cover  the  balance  remaining  unpaid 
from  th(!  previous  year. 

The  PRESIDENT  pro  tent.  Does  the  geutle- 
mau  makf  any  motion  ''. 

Mr.  BROSNAN.  I  scarcely  know  how  to 
get  at  it ;  but  it  seems  to  me  to  be  very  mani- 
fest that  one  of  these  provisions  may  run 
counter  to  the  other.  If  we  retain  the  provis- 
ion in  the  section  just  read,  it  appears  to  me 
there  must  necessarily  be  some  modification  of 
that  contained  in  Section  2  of  Article  IX,  so 
that  no  conflict  may  arise  hereafter,  in  the 
event  of  this  tax  of  one  and  one-fourth  per 
cent,  proving  to  be  insufficient,  lu  the  first 
place,  by  Section  2  of  Article  IX.  we  give  the 
Legislature  .scope  and  verge  enough  to  raise 
all  the  money  that  shall  be  necessary  ;  and  in 
the  second  place,  in  the  section  now  under  con- 
.sideration,  we  leave  the  Legislature  in  a  "crib- 
bed, cabined,  and  confined  "  condition,  in  which 
it  may  be  unable  to  raise  the  requisite  amount 
by  ta.xatiou.  In  case  of  a  contlict  of  that  na- 
ture, one  or  the  other  of  these  jirovisions  must 
yield,  and  I  do  not  think  we  should  place  ia 
our  Constitution  provisions  which  stand  in  such 
an  antagonistic  attitude  in  relitiou  to  each 
other.  I  would  like  to  hear  the  views  of  other 
members  of  the  Convention  on  the  subject,  so 
as  to  learn  wtjether  the  diificulty  is  as  appa- 
rent to  them  as  it  certainly  is  to  me. 

Mr.  BANKS.  As  the  gentleman  from  Storey 
calls  for  the  views  of  otlier  members,  although 
my  own  may  not  be  worth  much,  I  will  say  that 
in  my  judgment  it  is  clearly  necessary  either 
to  change  this  section  ia  the  Scliedule,  or  the 
former  one  to  which  he  has  alluded,  so  as  to 
prevent  a  conflict.  I  hope,  therefore,  that  the 
trentleman  will  submit  a  motion  for  that  pur- 
pose. 

Mr.  PROCTOR.  Would  not  a  motion  be  in 
order  to  recjnsider  the  vote  by  which  the  Con- 
vention adopted  this  section  of  the  Schedule? 

The  PRESIDENT  pro  tern.  1  think  the  sec- 
tion was  passed  to-aay  ;  a  motion  to  recon- 
sider would  therefore  be  in  order. 

-Mr.  PROCTOR.  I  voted  for  the  section,  and 
I  now  make  a  motion  to  reconsider  the  vote  by 
which  it  was  adopted. 

The  question  was  taken,  and  the  motion  to 
reconsider  was  agreed  to. 

-Mr.  PROCTOR.  I  move  that  the  section  be 
stricken  out  altogether. 

Mr.  CIlAl'IN.    I  hopa  no  such   motion   as 


816 


SCHEDULE. 


[21st  day. 


Wednesday,]   Ch-vpin— Banks— Nourse—Kenn-edt—Brosnan — Johnson— Hawley.        [July  27. 


that  will  prevail.  I  ask  for  the  reading  of  the 
section. 

The  SECRETARY  again  n-ad  Section  24. 

Mr.  CHAl'IN.  I  ottVr  an  amendment  to  the 
motion  of  the  gentleman  from  Nye.  (Mr.  Proc- 
tor.) I  move  to  strilve  ont  all  after  the  provi- 
sion that  the  Legislature  shall  not  levy  a  tax 
exceeding  one  per  cent,  per  annum  for  State 
purposes.  Then,  if  gentlemen  desire,  they  can 
move  to  make  it  one  and  one-fourth  per  cent., 
so  as  to  include  the  provision  for  the  Territo- 
rial debt. 

Mr.  BANKS.  Let  us  have  a  division  of  that 
question.  How  will  the  section  read  with  the 
proposed  amendment  ? 

Tlie  PRESIDENT  pro  tern.  The  Chair  under- 
stands that  the  motion  is  to  strike  out  all  after 
the  word  ••  State,"'  so  that  the  section  will 
read  : 

"  For  the  first  three  years  after  the  adoption  of  this 
Constitution,  the  Legislature  shall  not  levy  a  tax  for 
State  purposes  exceeding  one  per  cent,  per  annum  on 
the  taxable  property  in  the  State." 

Mr.  NOURSE.  That  limits  the  Legislature, 
then,  to  a  tax  of  one  per  cent. 

Mr.  KENNEDY.  I  shall  object  to  striking 
out  that  proviso,  because  I  think  there  ought 
to  be  a  special  tax  to  pay  the  indebtedness  of 
the  Territory. 

Mr.  BROSNAN.  I  call  for  a  division  of  the 
question. 

The  PRESIDENT  pro  tern.  A  division  being 
called  for.  the  question  will  be  first  on  striking 
out  so  much  of  the  section  as  relates  to  the 
order  of  appropriations,  and  second,  on  strik- 
ing ont  the  proviso  authorizing  the  Legislature 
to  levy  a  tax  of  one-fourth  of  one  per  cent., 
for  the  payment  of  the  Territorial  indeljted- 
ness.  The  Secretary  will  read  that  portion 
which  refers  to  the  order  of  appropriations. 

The  SECRETARY  read,  as  follows  : 

"Nor  shall  any  appropriation  be  made  out  of  the 
revenue  arising  from  said  tax,  except  in  the  following 
order,  to  wit;  First,  for  jiaying  interest  on  the  public 
debt.  Second,  for  salaries  of  Stati'  oiliccrs.  Third. 
for  State  Prison  exiwnses.  Fourth,  for  educational 
puriwses.  Fifth,  for  Legislative  and  Miscellaneous 
expenses." 

The  PRESIDENT  pro  tern.  The  question  is 
first  on  striking  out  that  portion  just  read. 

The  question  was  taken,  and  tlie  portion  of 
the  section  last  read  was  stricken  out. 

The  PRKSIDENT  y/ro  icm.  The  -luestion  is 
next  on  striking  out  the  proviso.  Tlie  Secre 
tary  will  read  it. 

The  SECRETARY  read  the  proviso,  as  fol 
lows : 

"  Pronided,  the  Legislature  may  levy  a  special  tax 
not  exceeding  one-fourth  of  one  \)er  cent,  per  annum, 
which  shall  be  approimated  to  the  iiayment  of  the  in- 
debt<'dness  of  the  Territory  of  Nevada,  assumed  by 
the  Stat«t  of  \cvada,  and  fur  tli.it  puriioso  only,  until 
all  of  the  said  iiidebtednebs  is  paid." 

Mr.  CHAl'IN,  and  others,  demanded  the  yeas 
and  nays  on  the  motion  to  strike  out  the  pro- 
viso. 

Tlie  question  was  taken  by  yeas  and  nays,  and 
the  vote  was — yeas,  9  ;  nays,  12— as  follows  : 


Teas — Messrs.  Banks,  Chapin,  Collins,  DeLong,  Fol- 
som,  McClinton,  Proctor,  Wetherill,  and  Mr.  Presi- 
dent—9. 

yays — Messrs.  Belden,  Brosnan,  Crawford,  Croe- 
man,  Gibson,  Hawlev,  Kennedy,  Kinkead,  Mason, 
Nourse,  Parker,  and  Tagliabue—  12. 

So  the  Convention  refused  to  strike  out  the 
proviso. 

Mr.  JOHNSON.  Allow  me  a  few  words  in 
explanation  of  my  vote.  I  have  voted  for 
the  motion  to  strike  out  this  proviso,  be- 
cause I  am  in  favor  of  striking  out  the  whole 
section.  I  do  not  think  this  is  the  proper  place 
for  such  a  provision.  If  we  adopt  a  State  Gov- 
ernment we  must  necessarily  pay  such  taxes  as 
are  required,  to  support  that  State  Govern- 
ment, whether  it  be  the  ordinary  expenses  ac- 
cruing from  year  to  year,  or  our  present 
Territorial  indebtedness,  wLiich  the  State  as- 
sumes, as  it  is  in  honor  compelled  to  do.  We 
must  pay  taxes  sufficient  to  defray  all  the  ex- 
penses necessary  to  be  incurred,  of  whatever 
character,  and,  as  I  have  heretofore  had  occa- 
sion to  show,  it  is  impossible,  at  this  time,  to 
make  even  an  approximate  estimate  of  these 
expenses.  I  think  it  must  be  quite  apparent  to 
every  member,  that  this  section  is  in  conflict 
with  the  Constitutional  provision  which  we  have 
previously  adopted,  and  therefore  I  have  voted 
against  the  proviso,  and  shall  vote  to  strike  out 
the  entire  section. 

Mr.  HAVVLEY.  I  ask  the  Convention  to 
liear  with  me  one  moment  upon  a  question  of 
privilege.  I  merely  wish  to  state— and  I  had 
intended  to  call  the  attention  of  the  Reporter 
of  the  Virginia  Unioji  to  the  fact  before  this 
time — that  he  has  made  a  serious  mistake  in 
his  telegram,  as  it  appears  in  the  paper  of  this 
morning.  He  represents  that  this  section  lim- 
its the  tax  to  one  per  cent,  instead  of  one  and 
one-quarter  per  cent.,  as  it  really  does.  1  trust 
that  the  necessary  correction  will  be  made,  so 
that  our  action  may  not  be  misunderstood. 

The  PRESIDENT  ;)ro/e??».  The  question  now 
recurs  upon  the  motion  of  the  gentleman  from 
Nye,  (Mr.  Proctor,)  to  strike  out  the  entire  sec- 
tion, us  it  has  been  amended. 

Mr.  NOURSE.  If  I  understand  it  correctly, 
the  section,  as  it  now  stands,  limits  the  rate  of 
taxation  to  one  per  cent,  per  annum. 

The  PRFiSIDENT  pro  tern.  As  it  stands  now, 
taxation  is  limited  to  one  and  one-fourth  per 
cent,  ner  annum. 

Mr.'NOURSE.  Well,  it  is  all  the  same,  be- 
cause the  one-fourth  is  for  the  territorial  in- 
delitedness.  Now,  sir,  I  cannot  believe  that 
we  have  an  aggregate  amount  of  taxable  prop- 
erty exceeding  twenty-live  millions  of  dollars, 
and  a  tax  of  one  p'  r  C(Mit.  upon  that  would 
only  amount  to  twu  hundred  and  Ofty  thousand 
dollars  a  year,  from  which  must  be  deducted 
one-quarter,  or  one-third  of  that  amount  for 
delinquencies,  etc.,  huiving  only  from  one  hun- 
dred and  fifty  to  two  iuuuired  thousand  dollars 
net  revenue.  I  believe  that  such  a  restriction 
would  certainly  be  ruinous,  because  it  would 
result  in  running  our  scrip  down  to  about  fifteen 


21st  day.] 


SCHEDULE. 


817 


Wednesday,] 


Chapdj — Banks — Johnson. 


[July  27. 


cents  on  the  dollar,  and  therefore  I  hope  that 
the  whole  section  will  be  stricken  out,  and  that 
we  shall  leave  the  Legislature  free  to  levy  such 
taxes  as  may  be  found  necessary  for  the  sup- 
port of  the  government. 

Mr.  CHAPIN.  I  would  like  to  remind  the 
gentleman  from  Washoe  that  provision  has 
heretofore  been  made  by  which  the  State  is 
authorized  to  borrow  money  to  the  amount  of 
three  hundred  thousand  dollars,  which  will 
give  one  hundred  thousand  dollars  a  year  for 
the  three  years,  in  addition  to  the  revenue  from 
taxation.  Now,  if  we  cannot  run  the  State  on 
that  amount,  for  my  part,  I  am  going  home  to 
oppo.se  a  State  Government,  and  I  can  get 
hundreds,  and  possibly  thousands  of  other  men 
to  do  the  same  thing.  I  am  not  in  favor  of  open- 
ing the  floodgates  of  taxation  upon  the  people, 
as  I  am  inclined  to  think,  though  I  do  not  know 
it,  that  it  is  perhaps  the  policy  of  some  gentle- 
men to  do,  in  order  to  defeat  the  Constitution 
before  the  people,  and  therefore  I  am  strenu- 
ously opposed  to  striking  out  this  section. 

Mr.  Banks.  The  gentleman  from  Storey 
has  stated  precisely  my  position.  I  believe 
that  by  the  exercise  of  such  economy  as  peo- 
ple would  naturally  exercise  in  their  own  pri- 
vate affairs,  a  State  Government  can  be  admin- 
istered upon  the  revenue  derived  from  a  tax  of 
even  less  than  one  per  cent.  If  I  find  it  can- 
not be,  however,  then  I  am  going  to  exert  my 
influence,  whatever  it  may  be  worth,  against 
the  adoption  of  the  Constitution.  I  want 
either  a  cheap  State  Government,  or  none  at 
all.  As  I  have  said  heretofore,  if  we  limit  the 
State  Legislature  to  a  certain  amount,  the  re- 
sult will  be  the  same  as  in  the  case  of  an  indi- 
vidual who  is  restricted  to  a  given  amount  of 
expenditure,  beyond  which  he  cannot  be  al- 
lowed to  go.  A  man  will  always  accommodate 
himself  to  his  income,  if  he  is  obliged  to  do  it, 
and  we  all  know  that  the  man  who  has  an  in- 
come of  only  one  thousand  dollars  a  year  gets 
along  just  about  as  comfortably  as  the  man 
who  has  ten  thouand,  the  difference  being  that 
the  former  lives  in  a  less  expensive  style,  whilst 
the  latter  feels  that  he  can  afford  more  of  the 
luxuries  of  life. 

Mr.  JOHNSON.  I  would'  like  to  ask  the 
gentleman  from  Storey  (Mr.  Chapin)  a  ques- 
tion, to  see  if  I  understood  him  aright.  Did 
he  state  that  if  this  section  shall  be  stricken 
out,  he  was  going  to  oppose  the  State  Govern- 
ment?    Is  that  the  position  he  takes? 

Mr.  CHAPIN.  No,  sir.  I  say  that  unless  I 
can  have  such  assurances  as  will  satisfy  me 
that  we  can  rely  upon  having  an  economical 
administration  of  our  State  Government.  I  cer- 
tainly will  go  home  and  labor  against  it  with 
all  my  might.  And  I  tell  you,  Mr.  President, 
that  a  majority  of  the  people  of  this  Territory 
will  go  against  it,  unless  we  put  in  some  kind 
of  a  safeguard  of  this  character.  If  with  a 
taxable  property  of  forty  millions,  including 
the  proceeds  of  the  mines,  as  well  as  the  sur- 

a26 


face  property — for  I  believe  we  shall  have  that 
amount,  and  with  the  privilege  of  Imrrowing 
three  hundred  thousand  dollars,  in  addition, 
we  cannot  support  a  State  Government  upon  a 
taxation  of  one  per  cent,  for  State  purposes,  and 
one-fourth  of  one  per  cent,  for  the  Territorial 
debt,  assumed  l)y  the  State — then  we  had  bet- 
tor let  it  alone,  remain  a  little  longer  in  our 
present  tadpole  condition,  and  thus  avoid  ruin- 
ous taxation. 

Mr.  JOHNSON.  Suppose  the  taxable  prop- 
erty should  amount  to  no  more  than  twenty 
millions  of  dollars?  Could  the  Legislature 
still  reduce  the  expenditures  so  as  to  come 
within  the  amount  of  revenue  derived  from 
the  taxable  property,  with  the  proposed  limited 
rate  of  taxation  ? 

Mr.  CHAPIN.  Then,  if  the  State  were  cut 
down  to  that  sum,  I  would  have  it  do  as  the 
young  man  is  required  to  do  when  his  old 
father  sends  him  out  into  the  world  with  his 
portion  of  the  patrimony.  Whether  it  be  five 
hundred,  or  five  thousand,  or  ten  thousand  dol- 
lars, he  has  to  go  to  work,  and  make  his  plans, 
and  shape  his  business  accordingly,  and  our 
new  State  will  have  to  do  the  same  thing. 

Mr.  JOHNSON.  The  trouble  is  this,  that 
we  have  already  provided  what  the  expenses 
of  the  State  shall  be.  In  the  first  place,  we 
have  framed  that  part  of  our  Consiitutioa 
which  prescribes  the  amount  of  the  expenditures 
of  the  State  Government,  and  then  we  have  un- 
dertaken to  shape  the  sources  of  income  ac- 
cordingly, and  therefore  it  will  not  be  possible 
for  the  Legislature  to  reduce  the  expenditures 
to  correspond  with  a  reduced  income.  We 
have  prescribed  in  the  Constitution  that  certain 
expenses  shall  be  borne,  it  matters  not  how  little 
or  how  much  may  be  the  receipts  of  the  public 
treasury,  and  now  we  must  make  provision  for 
the  payment  of  those  expenses,  by  designating 
the  sources  whence  the  money  is  to  be  derived. 
We  have  provided  that  certain  Territorial  indebt- 
edness shall  be  paid,  or  in  other  words,  we  have 
in  the  Constitution  contracted  a  certain  amount 
of  indebtedness,  which  must  be  discharged,  and 
therefore  it  is  not  possible  for  us  to  limit  the 
amount  or  rate  of  taxation,  unless  we  have 
more  authentic  data  than  any  member  on  this 
floor  can  present,  upon  which  to  base  an  esti- 
mate, as  to  what  the  per-centage  of  taxation 
ought  to  be. 

We  have  had  evidence  heretofore  of  the  va- 
riance and  diversity  of  views  and  opinions 
existing  among  the  members  of  tiie  Convention 
as  to  what  the  valuation  of  property  will  prove  to 
be,  and  what  the  revepue  derived  from  a  speci- 
fied rate  of  taxation  would  amount  to,  and  the 
ditl'erence  in  tlie  estimates  of  meml)ers  of  the 
Convention,  apparently  efjually  well  inf<umed, 
ranges  as  liigh  as  one  hundred  per  cent.  If  we 
were  all  agreed  that  the  ta.xable  property  of 
the  State  will  amount  to  a  given  sum,  we 
might  then  with  some  degree  of  certainty  ap- 
proximate  to  an  estimate,  and  upon  such  es- 


818 


SCHEDULE. 


[21st  day. 


Wednesday.] 


Kexxedt — Johnson — Proctor. 


[July  27. 


timate  we  could  with  propriety  fix  a  limit  upon 
the  taxation  to  be  levied  by  the  Legislature  ; 
but  as  there  are  diversities  and  differences  of 
opinion  existing,  some  gentlemen  asserting  that 
the  basis  of  revenue  will  not  exceed  twenty  or 
twenty-live  millions  of  dollars,  whilst  others, 
as  sanguine  as  the  gentleman  from  Storey  who 
last  spoke,  (Mr.  Chapiu,)  place  it  as  high  as 
forty  millions,  I  repeat  that  we  cannot  fix,  and 
have  it  not  in  our  power  to  fix  upon  any  rate 
of  taxation. 

We  have  created,  by  prescribing  salaries,  and 
other  State  expenditures,  and  by  assuming  the 
Territorial  debt,  a  certain  amount  of  annual  in- 
debtedness, which  must  be  met.  How?  By 
taxation,  evidently.  There  is  no  other  way. 
But,  says  the  gentleman  from  Storey,  "  we 
have  fixed  the  rate  of  taxation  so  as  to  cover 
that  indebtedness."  That  may  be  true,  if  his 
hypothesis  be  correct,  but  if  my  hypothesis, 
or  those  of  other  gentlemen  be  true,  that  rate 
of  taxation  certainly  will  not  suffice  for  the 
indebtedness  we  have  already,  and  tUat  which 
we  must  necessarily  create.  Nevertheless  we 
have  provided  for  a  public  debt,  and  it  must 
be  paid,  else  the  plighted  honor  and  faith  of 
the  Territory  and  State,  and  of  the  members  of 
this  Convention,  must  go  for  nought — else  that 
debt  is  repudiated.  We  have  already  declared 
that  a  given  amount  of  money  shall  be  paid  as 
salaries  of  the  Judges,  the  Governor,  and  other 
State  officers,  so  much  as  per  diem  and  mileage 
of  the  members  of  the  Legislature,  other 
amounts,  or  whatever  shall  be  necessary,  for  the 
expenses  of  the  State  Prison,  and  for  the  inci- 
dental expenses  of  the  Legislature  and  other 
departments  of  the  Government.  And  all 
this  is  indebtedness  which  we  have  created  by 
the  Constitution.  But  after  we  have  said  that 
these  payments  shall  be  made,  thus  and  so,  we 
now  turn  around,  and  say  in  this  section,  to 
these  officers,  and  others  to  whom  we  have 
promised  such  payments  :  "  You  shall  be  paid 
thus  and  so,  according  to  our  promise,  provided 
a  rate  of  taxation  of  one  per  cent,  shall  be 
enough  to  raise  a  sufficient  amount  of  money." 
And  if  it  is  not  enough,  what  is  the  alterna- 
tive ?     Why,  they  will  not  be  paid. 

Now,  sir,  do  we  want  to  cheat  anybody?  Do 
we  desire  to  delude  men  into  taking  office  under 
our  State  Government,  by  holding  out  on  the 
one  hand  a  declaration  and  promise  that  they 
shall  be  paid  a  specified  salary,  whilst  at  the 
same  time  we  annex  a  qualification  that  they 
shall  only  be  paid  that  salary  if  a  taxation  of 
one  per  cent,  will  raise  money  enough  for  the 
purpose?  No,  sir.  Is  it  not  the  wiser  policy, 
and  the  only  proper  course  for  us  to  pursue,  to 
leave  the  rate  of  taxation  to  be  fixed  by  the 
Legislature  from  year  to  year,  in  accordance 
with  what  may  be,  from  time  to  time,  the  neces- 
sities of  the  State? 

Gentlemen  have  presented  estimates  and 
alculations  of  what  they  conceive  may  be  the 
nnual  expenditures  of  the  State  Government, 
ud  the  income  from  taxation,  and  others  have 


prepared  like  estimates  which  they  are  ready 
to  present.  In  most  of  these  estimates,  gentle- 
men have  far  exceeded  my  calculations  in  respect 
to  the  probable  revenue.  But  I  find  no  fault  on 
that  account.  It  is  a  mere  diflerence  of  judg- 
ment and  opinion,  since  none  of  us  have  any 
reliable  data  to  be  governed  by.  In  respect  to 
the  compensation  that  shall  be  paid  for  public 
services,  the  majority  of  the  Convention  has  also 
exceeded  in  many  instances  that  which  my 
judgment  and  vote  stand  recorded  in  favor  of. 
I  do  not  deny  their  right  to  fix  the  compensa- 
tion at  higher  rates  than  in  my  judgment  was 
warranted,  but  at  the  same  time  I  claim  the 
right  to  insist  that  when  they  do  that,  it  shall 
not  be  made  a  delusion  and  a  snare  ;  that  the 
promise  shall  be  carried  out  in  good  faith.  I 
protest  against  the  bad  faith  which  will  be 
exhibited  by  putting  in  a  prohibitory  section 
like  the  one  under  consideration,  which  will 
probably  prevent  our  officers  to  be  elected  from 
receiving  the  amount  of  salary  promised  them. 

1  cannot  conceive  that  there  is  any  necessity 
for  this  limitation  in  order  to  prevent  the  Leg- 
islature from  making  extravagant  appropria- 
tions, as  I  do  not  believe  that  any  member 
present  really  thinks  it  possible  for  the  State 
to  raise  money  enoug-h  to  pay  anything  more 
than  the  absolutely  necessary  current  expenses 
of  the  Government.  What  object  can  there 
be,  then,  for  the  Legislature  to  make  extrava- 
gant appropriations? 

Mr.  KENNEDY.  The  gentleman's  time  is 
up.     ["  Leave,  leave!"] 

xVIr.  JOHNSON.  I  regret  that  my  friend 
from  Lyon  should  take  occasion  to  call  me  to 
order  before  the  Chair  finds  it  necessary. 

Mr.  KENNEDY.  The  gentleman  from  Orms- 
by  has  himself  expressed  his  wish  to  have  the 
rule  strictly  enforced,  and  I  am  only  carrying 
out  his  own  doctrine. 

Mr.  JOHNSON.  I  care  nothing  about  it,  if 
gentlemen  are  unwilling  to  hear  the  truth  spoken 
— if  they  refuse  to  listen  to  facts  which  they  will 
be  compelled  to  realize  hereafter.  I  have  no 
objection  to  conforming  to  the  wishes  of  the 
Convention  as  expressed  by  its  rules,  and  in 
conclusion  will  only  add,  that  I  oppose  this  sec- 
tion with  no  factious  design,  but  with  a  sincere 
desire  to  harmonize  our  action.  I  trust  that 
the  vote  of  the  majority  by  which  the  section 
was  originally  adopted,  does  not  evince  a  fixed 
determination  on  the  part  of  the  Convention 
to  insist  upon  the  provision,  when  it  is  shown 
that  it  may  come  in  direct  conflict  with  other 
provisions  of  the  Constitution  which  we  have 
adopted. 

Mr.  PROCTOR.  It  seems  to  me  that  in 
framing  this  Constitution,  from  beginning  to 
end,  we  have  guarded  as  closely  and  completely 
as  it  is  possible  for  us  to  do,  against  any  abuses 
in  the  shape  of  expensive  and  extravagant 
legislation.  We  have  restricted  the  State  debt 
to  three  hundred  thousand  dollars,  and  I  do 
not  see  that  it  is  necessary  to  make  any  further 
limitation  or  restriction,  so  far  as  that  is  coa- 


21st  day.] 


SCHEDULE. 


819 


Wednesday,]    Collins— Proctor— Johnson— Gibson— Kinkead—Noubse—Chapin.       [July  27. 


cerned.  Now  this  provisioa  introduced  in  the 
Schedule  by  the  gentleman  from  Storey.  (Mr. 
Chapin,)  will  most  certainly  conflict  with  the 
spirit  and  intent  of  our  Constitution,  and  I 
think  the  figures  will  show  it.  For  instance, 
from  the  gentleman  from  Ormsby,  (Mr.  Kin- 
kead,)  and  from  the  report  of  the  Auditor, 
which  was  quoted  from  the  other  day,  we  learn 
that  there  is  a  Territorial  debt  upon  which  we 
will  have  to  pay  al)out  eighty  thou.sand  dollars 
a  year.  Is  that  correct  ? 
Mr.  COLLINS.  What  was  that? 
Mr.  PROCTOR.  That  the  State  has  to  pay, 
on  account  of  the  Territorial  debt,  an  amount 
of  about  eighty  thousand  dollars  a  year.  Is 
that  it? 

Mr.  COLLINS.    No,  sir  ;  not  exactly. 
Mr.  JOHNSON.    The  State  will  be  compelled 
to  pay  the  interest  on  a  debt  far  exceeding  that 
amount. 

Mr.  GIBSON.  The  interest  and  principal  to 
be  paid  amounted,  I  believe  it  was  stated,  to 
eighty-three  thousand  dollars  a  year  for  four 
or  five  years. 

Mr.  KINKEAD.  The  statement  was  made 
by  my  colleague,  (Mr.  Johnson,)  and  I  think 
the  estimate  he  made  was  correct,  namely,  that 
during  the  first  three  years  we  shall  be  required 
to  pay  about  eighty-three  thousand  dollars  a 
year,  of  principal  and  interest  on  the  Territo- 
rial debt. 

Mr.  JOHNSON.  The  average  amount  to  be 
paid  during  the  next  four  and  a  half  years,  of 
principal  and  interest  on  the  present  Territo- 
rial indebtedness,  is  eighty-three  thousand  and 
some  odd  dollars  a  year.  That  was  my  state- 
ment. The  debt  must  all  be  paid,  principal 
and  interest,  within  the  next  four  years  and  a 
half. 

Mr.  PROCTOR.  Then  under  the  limitation 
in  this  section,  we  can  only  raise  a  tax  of  one- 
fourth  of  one  per  cent.,  to  be  applied  for  the 
purpose  of  paying  the  interest  on  that  indebt- 
ness,  and  the  principal  as  it  becomes  due  ;  and 
if  we  have  only  twenty-five  millions  of  taxable 
property,  the  tax  will  not  yield  a  revenue  for 
that  purpose  exceeding  sixty  thousand  dollars 
a  year.  Yet  the  Constitution  expressly  pro- 
vides that  we  shall  pay  upwards  of  eighty 
thousand  dollars  a  year.  How  are  we  going  to 
pay  eighty  thousand  dollars  a  year  when  we 
can  only  collect  sixty  thousand  out  of  which  to 
pay  it  ? 

Mr.  KINKEAD.  We  expect  to  have  more 
taxable  property. 

Mr.  PROCTOR.  But  we  must  base  our  State 
Government  on -what  we  hav3  got,  and  not  upon 
what  we  may  expect  to  have  in  the  future. 
And  so  far  as,  having  a  cheap  government  is 
concerned.  I  think  if  we  retain  this  section  the 
result  will  be  that  the  expense,  for  example,  of 
supporting  the  State  Prison,  will  be  paid,  not 
out  of  the  State  Treasury,  but  out  of  the  credit 
of  the  State,  which,  under  such  a  provision, 
will  not  be  worth  more  than  in  the  neighbor- 
hood of  fifteen  cents  on  the  dollar,  so  that  the 


State  will  have  to  pay  about  ten  dollars  in 
State  credit  for  every  dollar's  worth  of  sup- 
plies furnished.  And  there  will  l)u  the  same 
condition  of  tilings  in  every  dep;a-tment  of  the 
State  Government. 

[The  J'rksidknt  in  tlie  chair.] 

Mr.  NOURSE.  I  do  not  know  as  I  under- 
stand exactly  wliat  tlie  gentleman  from  Storey 
(Mr.  Chapin)  meant  wlien  he  referred  to  the 
three  hundred  thousand  dollars  to  be  raised. 
Was  it  anything  more  than  a  three  liuudred 
thousand  dollar  loan  ? 

Mr.  CHAPIN.  Shall  I  answer  the  gentle- 
man ? 

Mr.  NOURSE.   I  would  like  to  understand  it. 

Mr.  CHAPIN.  The  State  is  authorized  to 
create  a  debt  to  the  amount  of  three  hundred 
thousand  dollars,  and  no  more,  and  I  stated 
that  the  money  thereby  raised  could,  if  neces- 
sary, be  used  in  the  first,  second,  and  third 
years,  giving  one  hundred  thousand  dollars  a 
year  in  addition  to  the  amount  derived  from 
taxation. 

Mr.  NOURSE.  Then  I  say,  shame  on  us  if 
we  provide  that  the  State  shall,  the  very  first 
thing,  plunge  into  debt  for  its  curr.nt  ex- 
penses. It  is  all  well  enough  to  allow  the  State 
to  borrow  money  in  order  to  pay  its  way  liefore 
the  taxes  come  in,  but  to  deliberately  plan  it, 
to  provide  for  raising  a  tax  which  we  know 
will  not  be  large  enough  to  pay  the  current  ex- 
penses for  two  or  three  years,  with  the  expec- 
tation that  the  State  will  run  in  debt  in  order 
to  make  up  the  deficiency,  it  seems  to  me 
would  be  a  shame  and  a  disgrace.  I  do  not 
believe  in  incurring  any  debt,  unless  it  is  abso- 
lutely necessary.  I  do  not  believe  in  under- 
taking to  carry  on  a  State  Government,  unless 
we  are  able  to  do  it,  and  if  the  people  do  not 
believe  themselves  to  be  able  to  support  their 
State  Government  without  running  into  debt, 
then  it  seenjs  to  me  the  people  ought  to  vote 
against  a  State  Government.  Now  I  am  de- 
sirous of  limiting  the  expenditures  as  much  as 
possible,  as  my  votes  will  bear  witness,  all  the 
way  through  the  Convention,  but  I  insist  that 
whatever  tax  it  may  be  necessary  for  the  Legis- 
lature to  levy,  in  order  to  pay  expenses,  that 
tax  it  should  be  left  at  liberty 'to  impose,  so  as 
to  furnish  the  means  of  paying  such  expenses 
as  must  be  incurred.  The  Legislature  should 
not  be  allowi  d  to  call  on  future  generations  to 
help  pay  the  current  expenses  of  the  State.  I 
do  not  believe  in  adopting  any  ruinous  policy 
of  that  sort.  The  cheapest  way  to  pay  the 
current  expenses  necessary  to  be  incurred  in 
running  a  State  Government,  is  to  levy  a  tax 
at  once,  heavy  enough  to  pay  everything  in 
cash,  because  when  you  levy  so  small  a  tax 
that  you  begin  to  get  behind-liand,  that  mo- 
ment the  State  scrip,  or  Auditor's  certificates, 
begin  to  depreciate,  and  as  soon  as  the  State 
scrip  depreciates  to  seventy-five  cents  on  the 
dollar,  of  course  the  State  has  to  pay  four  dol- 
lars for  every  three,  and  when  it  gets  down  to 
fifty  cents  the  State  must  pay  at  the  ruinous 


820 


SCHEDULE. 


[21st  day. 


Wednesday,] 


DeLoNG NOURSE. 


[July  27. 


rate  of  two  dollars  for  one.  Therefore  the 
cheapest  way  is  to  take  the  bull  by  the  horns 
at  the  start  ;  to  look  the  thing  sciuare  in  the 
lace  ;  to  leave  the  Legislature  authority  to 
collect  money  enough  by  taxation  to  pay  all 
the  necessary  bills  in  cash,  whenever  they  be- 
come due. 

There  is  no  doubt  that  at  the  best  our  ex- 
penditures must  be  very  heavy.  Tlie  alarming 
increase  of  crime  which  has  been  witnessed  in 
the  past  few  months,  admonishes  us  that  our 
State  Prison  will  be  very  expensive.  If  the 
laws  are  faithfully  administered,  and  we  do  not 
always  have  a  Governor  who  will  pardon  crim- 
inals out  of  the  State *Prison  as  fast  as  they  go 
into  it.  there  will  be  some  permanent  boarders 
in  that  institution.  Why,  sir,  look  at  the  num- 
ber of  convicts  in  the  California  State  Prison- 
some  four  or  five  hundred  at  the  present  time. 
Mr.  DkLONG.  But  California  is  not  good 
authority  with  the  gentleman. 

Mr.  NOURSE.  It  was  to  the  authority  of  the 
Supreme  Court  of  California  that  I  objected. 

Mr.  DeLONG.  Well,  there  is  some  resem- 
blance between  the  State  Prison  and  the  Su- 
preme Court.     [Merriment.] 

Mr.  NOURSE.  If  the  gentleman  thinks  so, 
I  do  not  object.  As  I  was  saying,  California 
has  now  some  four  or  five  hundred  prisoners  in 
the  State  Prison,  and  we  know  that  those  des- 
peradoes who  commit  crimes  always  flock  to 
the  newer  and  more  flourishing  mining  regions. 
As  soon,  therefore,  as  we  get  over  the  present 
depression,  which  we  hope  is  only  of  a  tempo- 
rary character,  and"  begin  to  enjoy  flush  times 
again,  we  must  expect  to  have  great  numbers 
of  that  class  amongst  us.  The  increase  of 
crime  will  be  enormous,  and  consequently,  if 
our  officers  do  their  duty,  our  State  Prison  ex- 
penses will  also  be  enormous. 

If  we  could  positively  know  that  one  per 
cent,  would  l)e  a  sufficient  tax  to  support  the 
Government,  then  for  my  part  I  would  cheer- 
fully vote  to  limit  the  tax  to  one  per  cent,  for, 
as  gentlemen  well  know.  I  have  voted  all  along 
to  limit  and  restrict  the  Legislature,  wiu-never 
it  could  properly  be  done.  But  what  I  com- 
plain of  is,  that  whilst  we  cannot  i)ossibly  fore- 
see the  extent  of  our  State  expenses,  it  is  pro- 
posed to  limit  the  income  without  any  possi- 
bility of  limiting  the  expenditures.  We  cannot 
know  what  the  future  will  liring  forth  ;  we  are 
all  afloat  in  regard  to  this  matter.  We  cannot 
say.  even  approximately,  how  much  the  annual 
expenditures  will  be,  and  we  cannot  agree 
within  five,  ten,  fifteen,  or  even  twenty  millions 
of  dnllars.  as  to  the  prol)able  amount  <>l'  the 
taxable  property  of  the  State.  Therefore  it 
seems  to  ni'-,  with  all  resix'ct  to  the  gentlemi-n 
who  favor  the  pending  proposition,  that  it  is 
simply  absurd  in  us  to  undertake  to  say  what 
shall  be  the  limit  of  taxation.  That  is  the  way 
it  looks  to  me. 

Mr.  DeLONG.  Now,  sir,  we  have  once  had 
in  this  Convention  a  long,  protracted  fight  in 
regard  to  this  very  same  matter,  and  I  thought 


we  had  then  settled  it ;  but  it  seems  that  such 
was  not  the  case.  What  reason  gentlemen  have 
for  Ijacking  and  filling,  and  chopping  around  in 
regard  to  this  question,  I  do  not  know,  and  I 
do  not  much  care.  I  will  start  in  with  this 
declaration  of  opinion,  upon  which  I  propose 
to  act,  namely,  that  if  we  are  not  safe  in  at- 
tempting to  carry  on  a  State  Government  on  a 
tax  of  one  per  cent.,  we  had  better  not  go 
into  it. 

Mr.  NOURSE.  It  would  be  safe  if  you  would 
tax  everything  equally. 

Mr.  DeLONG.  That  is  the  very  point.  Up 
to  the  time  when  the  matter  of  taxation  was 
settled,  the  gentleman  from  Washoe  wanted  to 
restrict  the  Legislature  in  everything  ;  but  the 
very  moment  the  article  on  Taxation  was  finally 
adopted,  he  seems  to  have  aVjaudoned  that  pol- 
icy, and  it  looks  to  me  as  if  the  only  care  he  has 
about  the  Constitution  is  to  get  in  something 
which  will  damn  it  before  the  people. 

Mr.  NOURSE.  Allow  me  to  explain.  I  say 
if  all  the  property  in  the  State  were  subject  to 
taxation  equally,  one  per  cent,  would  in  my 
opinion  be  ample  to  raise  a  revenue  sufficient 
to  pay  the  bills,  but  as  it  is  now,  I  am  satisfied 
that  one  per  cent,  will  not  be  enough,  and  for 
that  reason  I  am  opposed  to  the  restriction. 

Mr.  DeLONG.  Is  the  gentleman  from  Washoe 
in  favor  of  the  adoption  of  the  Constitution? 

Mr.  NOURSE.  Personally,  I  would  desire 
that  the  Constitution  should  be  adopted,  but  I 
cannot  conscientiously,  and  shall  not  vote  for 
it,  as  a  representative  of  the  people. 

Mr.  DeLONG.  Now  we  know  where  the  dif- 
ficulty is  with  the  gentleman.  He  is  trying  to 
make  an  instrument  which  he  can  go  before  the 
people  and  defeat.     That  is  his  statement. 

Mr.  NOURSE.  I  have  not  said  so.  I  have 
said  that  personally  I  desired  a  State  Govern 
ment,  and  by  what  authority  does  the  gentle- 
man from  Storey  assert  that  I  desire  to  defeat 
it  ?  I  say  the  adoption  of  the  State  Govern- 
ment will  be  for  my  advantage,  personally,  but 
in  view  of  my  position  I  cannot  recommend  its 
adoption,  and  I  cannot  conscientiously  vote  for 
its  adoption,  for  the  reason  that  it  puts  the 
State  upon  an  unjust  and  unequal  basis,  by 
making  an  odious  and  unjust  discrimination 
between  different  kinds  of  property. 

Mr.  DeLONG.  I  understood  the  gentleman 
before  as  1  do  now.  and  I  say  again  that  he  is 
in  a  Convention  assisting  to  frame  a  Constitu- 
tion which  he  intends  to  defeat — which  he  says 
he  cannot  vote  for,  and  does  not  believe  ought 
to  be  adopted. 

Mr.  NOURSE.  And  yet  I  have  said  I  desire 
its  adoption  personally.  So  far  as  my  own  in- 
terest goes,  I  desire  it.  and  if  other  people  are 
fools  enough  to  vote  for  and  carry  it,  I  shall  be 
very  glad  of  it. 

Mr.  DeLONG.  Having  drawn  from  the  gen- 
tleman exactly  the  acknowledgment  of  his  po- 
sition which  I  wanted,  1  again  insif^t,  and  I  do 
not  wish  to  do  any  gentleman  injustice,  that  he 
s  here  engaged  in  framing  a  Constitution  to  be 


21st  day.] 


SCHEDULE. 


821 


Wednesday,] 


NouRSE — DeLonq — Brosnan. 


[Jnly  27. 


defeated.  And  I  will  say  further,  that  I  believe  |  we  can 
nearly  every  member  of  this  Convention  who 
is  earnestly  in  favor  of  having  this  Constitu- 
tion adopted,  and  who  intends  to  go  before  the 
people  and  ask  their  support  for  it,  is  in  favor 
of  retaining  in  the  instrument  this  restrictive 
clause.  And  I  say  again,  that  if,  without  in- 
cluding the  Territorial  debt,  a  tax  of  one  per 
cent.,  added  to  the  right  to  borrow  three  hun- 
dred thousand  dollars  in  the  course  of  three 
years,  will  not  be  sufficient  to  pay  the  expenses 
of  the  State  Government,  then  I  am  opposed 
to  adopting  a  State  Government,  with  any  kind 
of  Constitution.  But  I  believe,  and  am  confi- 
dent, that  it  will  do  it. 

Gentlemen  on  this  floor  have  been  clamoring 
against  it  in  the  face  of  figures  which  are  in- 
controvertible, and  have  been  putting  proposi- 
tions to  other  gentlemen  as  to  what  should  be 
done  if  the  taxable  property  amouoted  to  only 
twenty  millions,  when  they  know  that  we  have 
twenty-flve  millions  of  surface  property,  and 
have  the  proceeds  of  the  mines  besides,  making, 
according  to  a  fair  statistical  showing,  an  ag- 
gregate of  taxable  property  in  this  Territory, 
now,  of  not  less  than  forty  millions  of  dollars. 
There  is  no  getting  around  that,  and  it  is  in- 
creasing all  the  time.  And  yet,  with  that 
knowledge  before  them,  simply  because  the  old 
iron  rankles  in  the  wound,  because  the  mines, 
whether  property  or  not  property,  were  not 
put  into  the  schedule  of  property  to  be  ta.'ced, 
gentlemen  get  up  hei-e,  and  in  opposing  this  re- 
striction insist  that  one  per  cent,  is  not  suffi- 
cient, because  we  have  not  more  than  twenty 
or  twenty-five  millions  of  taxable  property. 
Thence  alone  comes  this  opposition,  in  my 
opinion. 

Now,  Mr.  President,  I  hope  to  see  this  section 
retained  right  where  it  is.  I  believe  that  we 
have  got  forty  millions  of  property  now,  and  I 
believe  it  is  not  the  fault  of  the  law,  but  rather 
of  the  officers  of  the  law,  that  taxes  were  not 
collected  on  fifteen  millions  of  dollars,  as  the 
proceeds  of  the  mines,  last  yeai-.  I  I'xpect  that 
difficulty  to  be  remedied  hereafter,  and  I  expect 
the  proceeds  of  the  mines  to  be  taxed  in  good 
faith.  And  I  tell  gentlemen,  here  and  else- 
where, when  they  express  a  desire  to  retain  the 
present  form  of  Government,  because,  as  they 
say,  more  money  will  be  derived  from  the  tax- 
ation of  the  mines  under  the  Territorial  laws, 
than  will  be  if  we  adopt  a  State  Government, 
that  they  will  see  a  Legislature  sent  here  next 
winter,  with  our  full  and  hearty  concurrence, 
willing  and  ready  to  tax  all  the  legitimate  pro- 
ceeds of  the  min-es.  And  in  doing  that,  we  go 
as  far  as  you  can  reasonably  ask  us,  when  you 
are  looking  to  us  for  everything— when  you  de- 
pend upon  us  for  every  manner  and  description 
of  business. 

Sir.  we  do  not  want  to  see  this  eleventh  hour 
manifestation  of  hostility.  If  gentlemen  can- 
not support  the  Constitution  we  have  framed, 
and  do  not  intend  to  support  it,  let  them  not 
prevent  us  from  making  it  as  nearly  perfect  as 


Act  in  good  faith  in  regard  to  it,  or 
do  not  act  at  all.  When  it  was  proposed  to 
tax  all  classes  of  mines  indiscriminately,  I  pro- 
posed to  leave  the  Convention,  for  the  reason 
that  I  could  not,  with  an  honest  heart,  say  to 
the  people  that  I  recommended  them  to  support 
such  an  instrument.  I  will  not  stay  in  this 
Convention,  or  in  any  other,  and  take  part  in 
the  framing  of  an  instrument  which  1  intend  to 
oppose. 

Mr.  NOURSE.  I  wish  to  rise  to  a  question 
of  privilege,  because  my  position  and  motives 
have  been  misrepresented  and  assailed^my 
personal  position  and  my  personal  motives.  I 
wish  to  say  this,  in  regard  to  the  last  remark 
of  the  gentleman  from  Storey,  (Mr.  DcLong,) 
tliat  what  time  I  have  been  in  the  Convention 
since  its  action  on  the  subject  of  taxation,  has 
only  been,  I  believe,  when  I  have  been  brought 
here  by  the  Sergeant-at-Arms.  But  be  that  as 
it  may,  I  have  not  deemed  it  necessary  nor  in- 
cumbent on  me  to  withdraw  from  the  Conven- 
tion, as  the  gentleman  from  Storey  threatened, 
if  he  could  not  carry  out  his  wishes. 

Mr.  DkLONG.  That  is  not  so  ;  I  never 
threatened  it. 

Mr.  NOURSE.  Well,  it  sounded  so  much 
like  it  that  I  thought  it  was  a  threat.  If  the 
gentleman  thinks  it  was  not,  very  well. 

Mr.  BROSNAN.  I  rise  to  a  question  of  order. 
The  gentleman  from  Washoe  has  spoken  once 
on  this  question. 

Mr.  NOURSE.  I  am  speaking  to  a  question 
of  privilege. 

The  PRESIDENT.  The  gentleman  having: 
risen  to  a  question  of  privilege,  is  at  liberty  to 
proceed. 

Mr.  NOURSE.  In  regard  to  my  position  on 
the  adoption  of  the  Constitution.  I  ouly  say 
this,  that  personally  it  is  for  my  advantage 
that  the  State  Constitution  shall  be  adopted. 
If  I  had  an  elastic  conscience.  I  should  prob- 
ably vote  for  it  very  readily.  becau>e  it  will  be 
money  in  my  pocket  to  have  it  adopted.  It 
will  bring  business  to  me  in  my  profession. 
And  I  have  slated,  that  notwithstanding  I  can- 
not vote  for  it  myself,  yet  if  the  people  shall 
be  foolish  enough  to  vote  for  and  adopt  it,  1 
shall  personally  bo  very  glad  of  it.  The  re- 
sponsibility will  then  be  theirs,  not  mine.  It 
seems  to  me  that  when  I  have  made  that  state- 
ment my  position  is  clear  enough.  Whilst  I 
cannot  vote  for  the  Constitution  my,«elf,  whilst 
i  think  it  is  not  for  the  interest  of  tin;  people 
to  adopt  it.  yet  if  the  people  shall  delilierately 
take  it  upon  themselves  to  adopt  the  Constitu- 
tion and  State  Government,  either  with  or 
without  the  taxation  clause,  I  -«hall  be  satisfied 
with  the  result.  I  think  I  have  shown,  there- 
fore, that  my  motives  personally  are  to  make 
the  Constitution  as  acceptable,  and  as  little  in- 
jurious to  thi!  people,  as  possible.  That  is  what 
I  claim,  and  it  is  what  my  position  sliows  in 
this  matter,  and  if  the  gentleman  from  Storey 
still  wishes  to  continue  to  impugn  my  motives, 
and  to  throw  personal  flings  at  me,  why  it  only 


822 


SCHEDULE. 


[21st  day. 


Wednesday,] 


Collins. 


[July  27. 


shows  the  weakness  of  the  cause  for  which  he 
argues^,  when  he  has  to  abandon  the  fair,  open 
ground  of  argument,  to  indulge  in  such  personal 
flings. 

Mr.  COLLINS.  This  question  has  assumed 
perhaps  a  little  more  importance  at  the  present 
time  than  it  is  entitled  to.  Still  I  will  say  that 
I  cannot  but  sympathize  with  my  colleagues 
from  Storey  County,  when  they  affirm  that  if 
they  cannot  have  a  State  Government  which 
can  be  maintained,  independent  of  the  present 
indebtedness  which  we  have  provided  that  the 
State  shall  assume,  upon  a  tax  of  one  per  cent, 
on  all  the  taxable  property  of  the  State,  then 
they  are  not  in  favor  of  a  State  Government. 
For  one,  I  take  the  same  position,  and  I  think 
it  is  safe  for  me  to  say  that  in  giving  utterance 
to  that  sentiment  I  represent  tbe  opinion  and 
feeling  of  a  great  many  thousand  voters  among 
my  constituents  in  Storey  County.  And.  sir,  I 
have  been  very  much  astonished  to  hud  that 
gentlemen  who  have  been  opposed,  or  at  least 
who  seemed  to  be  opposed  to  this  Constitution, 
and  who  have  not  been  willing  to  make  a  pos- 
itive declaration  that  they  will  support  it. 
should  seem  to  be  disposed  to  saddle  upon  the 
Constitution  that  which  will  inevitably  give  it 
great  unpopularity  before  the  people. 

Now  so  tar  as  our  present  debt  is  concerned, 
about  which  we  have  heard  so  much,  let  us  see 
what  it  amounts  to.  The  sum  total  of  the  ex- 
isting debt  of  the  Territory  is  about  8225,000. 
There  is  due  to  Reese,  of  Sin  Francisco,  .$15,- 
000  ;  there  is  due  to  Parrott  &  Co.,  for  bonds 
recently  issued,  S  150.000  ;  there  is  a  balance 
due  on  the  Curry  bonds  for  the  State  Prison  ot 
S60,000.  And  these,  together  with  the  inter- 
est, make  the  amounts  payable  as  follows  :  In 
18fi5,  the  amount  p;iyable  will  be  859,500  ;  in 
I8(»(),  the  amount  payable  will  be  802,500  ;  and 
in  18G7,  the  amount  payable  will  be  $81,500. 
The  sum  total,  of  principal  and  interest,  which 
must  be  paid  in  the  three  years  is,  therefore, 
$233,500,  which  leaves  a  considerable  balance 
of  the  8300.000  of  the  indebtedness  which  the 
State  lias  a  riglit  to  contract. 

And  I  maintain  that  tiie  State  is  fully  au- 
thorized to  contract  tliat  iiid'sbtedness  in  order 
to  pay  the  debt  of  the  Territory,  which  it  has 
assumed.  The  State  is  not  bound  to  discliargc; 
at  once,  in  its  infancy,  the  entire  debt  which 
the  Territory  has  been  accumulating  in  the 
past,  but  may  propi'rly  pay  the  interest  only, 
leaving  the  iirincipal  until  a  future  time,  when 
the  State  shall  become  liiiaiicially  stronger. 
That,  in  my  opinion,  would  be  just  and  proper 
Then,  assuming  tiiat  the  State  borrows  $300,- 
000,  and  pays  the  Territorial  indebtedness. 
there  will  be  a  balance  remaining  of  80*!, 500, 
and  I  ask  if  with  that,  and  tliis  proposed  tax  of 
one  and  a  (jnartm'  per  cent,,  there  is  not  likely 
to  be  a[i  ample  amount  of  funds  for  carrying 
on  the  State  Government?  If  that  is  not 
enough,  hH  us  remain  in  our  present  Territorial 
condition  until  we  shall  have  grown  sufficiently 
to  be  able  to  support  our  Government. 


I  have  been  astonished  also  to  hear  gentle- 
men depreciating  the  value  of  the  taxable  prop- 
erty of  this  Territory,  It  has  been  assumed 
that  for  the  year  18(i5,  the  taxable  property  of 
the  Territory  will  not  exceed  twenty-hve  mil- 
lions of  dollars,  but  when  gentlemen  look  over 
the  Territory,  and  see  the  rapid  increase  of 
property  that  is  going  on,  the  erection  of  mills, 
the  taking  up  and  improvement  of  ranches, 
the  building  of  houses  and  fences,  and  all  the 
various  appurtenances  and  appliances  of  civil- 
ized life,  the  opening  up  of  our  mines,  and 
their  rapidly  increasing  development ;  when 
they  see  the  amount  of  bullion,  the  proceeds  of 
our  mines,  which  is  daily  shipped  out  of  the 
State,  they  must  be  convinced  that  our  taxable 
property  is  steadily  and  rapidly  increasing, 
and  to  me  it  is,  to  say  the  least,  a  matter  of 
astonishment  to  hear  men  of  intelligence  ex- 
press the  opinion  that  it  will  not  have  reached 
an  aggregate  of  more  than  twenty-five  millions 
in  1865.  Sir,  I  am  confident  that  in  the  year 
1865,  the  taxat)le  property  of  the  Territory,  or 
State,  as  the  case  may  be,  including  the  tax  on 
the  proceeds  of  the  mines,  will  not  amount  to 
less  than  forty  millions,  and  I  shall  be  very 
greatly  disappointed  if,  as  early  as  1867,  it  does 
not  exceed  fifty  millions  of  dollars.  And  upon 
a  taxable  basis  of  forty  millions,  this  rate  of 
taxation  of  one  and  one-quarter  per  cent,  will 
yield,  allowing  twenty-five  per  cent,  for  losses 
and  cost  of  collecting,  a  revenue  of  $375,000  a 
year. 

I  ask,  in  Heaven's  name,  is  not  that  enough? 
It  seems  to  me  it  should  suffice  to  satisfy  even 
those  who  entertain  the  most  extravagant  ideas 
in  regard  to  the  cost  of  our  State  Government. 
I  say,  let  us  have  a  cheap  Government.  Let  us 
tie  the  Legislature,  and  pin  it  down  to  a  cer- 
tain point  of  expenditure,  and  if  the  Legisla- 
ture cannot  economize  so  as  to  live  within  that 
limit,  then  let  us  not  have  a  State  Government. 
Why,  sir,  look  at  the  difference  between  the 
expenditures  of  this  Convention  and  tho.se  of 
the  Convention  of  last  year.  Then  we  had  an 
appro])riation  from  th(!  State,  and  of  course  it 
was  all  expended.  This  year  we  had  nothing 
from  the  State  Government,  nor  from  the  Fed- 
eral Government,  and  still  we  get  along  with 
scarcely  any  expense.  But  suppose  that  Con- 
gress in  passing  the  Enabling  Act  had  given  us 
twenty  thousand  dollars  ;  does  anyl)ody  doubt 
that  we  would  have  spent  every  dollar  of  it? 
And  would  we  have  finished  our  lal)ors  any 
sooner,  or  would  we  have  had  any  better  Con- 
stitution to  submit  to  tin;  people  than  we  have 
now  prepared?  1  think  not.  A  man  will  al- 
ways accommodate  his  expenses  to  his  income, 
if  he  has  common  sense,  and  a  legislative  body 
will  di)  tlie  same.  If  we  give  our  legislature 
two  hundred  thousand  dollars  a  year,  and  .say 
it  must  run  the  State  Government  ui)on  that 
amount,  the  thing  will  be  accomplished  ;  and 
on  the  other  h  ind,  if  we  should  give  the  Legis- 
lature half  a  million  or  a  million  a  year,  it 
would  be  likely  to  spend  the  whole  amount. 


21st  day.] 


SCHEDULE. 


823 


Wednesday,] 


DeLong— Collins — McClinton. 


[July  27. 


So  if  we  were  to  bring  the  Legislature  down 
to  a  Iiundred  and  fifty,  or  even  a  hundred  and 
twenty  thousand  dollars  a  year,  I  have  no 
doubt  it  would  come  to  about  the  same  thing 
in  the  end. 

I  repeat  that  I  sympathize  with  my  col- 
league, (Mr.  Chapin,)  and  my  other  colleague, 
(Mr.  DeLong,)  when  they  tell  the  Convention 
that  if  a  tax  of  one  and  one-fourth  per  cent, 
is  not  going  to  be  adequate  to  support  the 
State  Government,  then  we  had  better  remain 
in  the  Territorial  condition,  aad  if  that  can  be 
shown  to  be  a  fact,  then  for  one  I  am  willing 
to  canvass  the  Territory  in  favor  of  defeating 
the  Constitution. 

Mr.  DeLONG.  I  rise  to  a  question  of  privil- 
ege. The  gentleman  from  Washoe  (Mr.  Nourse) 
says  that  I  have  impugned  his  motives,  and 
accused  him  personally,  and  I  now  take  occa- 
sion to  deny  the  charge.  The  extent  and  sum 
ming  up  of  all  I  said  in  relation  to  him  is  this  : 
that,  as  I  understood  him.  he  is  in  the  Con- 
vention helping  and  taking  an  active  part  in 
framing  a  Constitution  which  he  intends  to 
oppose.  And  in  that  I  have  done  him  no 
wrong,  because  he  says  so  himself.  He  avows 
his  intention  to  vote  against  the  Constitution, 
although  he  will  be  glad  if  the  people  shall 
vote  for  it.  And  then  I  said,  and  I  did  not  ap- 
ply it  to  him  at  all,  but  only  to  myself,  that 
according  to  my  ideas  of  what  would  be  proper 
action  on  my  own  part,  I  thought  my  duty  was. 
whenever  I  found  that  I  could  not  conscien- 
tiously vote  for  the  instrument  which  the  Con- 
vention is  engaged  in  framing,  to  take  part  no 
longer  in  the  creation  of  that  instrument.  I 
said  that  I  had  taken  that  view  on  a  previous 
occasion,  and  the  gentleman  is  in  error  when 
he  says  that  I  ever  made  a  threat  to  leave  the 
Convention  if  I  could  not  have  my  peculiar 
views  engrafted  into  the  Constitution.  I  never 
did  make  such  a  threat,  but  I  proposed  to  do 
just  what  I  (bought  the  gentleman  from  Washoe 
ought  to  have  done  heretofore  :  that  is,  when 
any  provision  was  engrafted  into  the  Constitu- 
tion making  it  such  an  instrumnit  that  he 
could  not  vote  for  or  recommend  it,  that  mo- 
ment I  think  he  should  have  withdrawn. 

Mr.  COLLINS.    I  do  not. 

Mr.  DeLONG.  It  was  simply  my  own  idea 
of  what  would  be  my  own  personal  action,  and 
I  did  not  indulge  in  any  "  fling,"  or  throw  it 
out  in  that  way  at  all.  I  merely  said  what  my 
course  of  action  was  to  have  been  on  a  previ- 
ous occasion,  and  I  should  have  followed  out 
that  course.  I  did  not  set  up  my  example  for 
the  gentleman  from  Washoe,  nor  refer  my  re- 
marks to  liim 

Now  in  regard  to  the  section  under  consid- 
eration, I  say  this,  that  if  we  shall  strike  it  out,  j 
at  this  last  moment,  that  action  will  n(;cessarily  ! 
be  regarded  as  the  final  expression  of  the  opin- , 
ion  of  this  Convention,  that  we  cannot  support  | 
a  State  Government  on  a  tax  of  one  dollar  and 
a  quarter  on  each  one  hundred  dollars  of  tax- 
able property.     And  the  people,  with   that  un-  j 


derstanding,  knowing  that  their  representatives, 
after  having  framed  (he  instrument  and  care- 
fully figured  ujjon  and  considered  it,  had  delib- 
erately decided  and  determined  that  to  limit 
the  Legislature  to  a  rale  of  annual  taxation 
of  one  and  one-quarter  per  cent.,  would  be  to 
establish  a  limit  at  so  small  a  sum  that  it  would 
be  insuBicient  to  meet  the  current  expenses  of 
the  Government — the  people,  I  say.  under  such 
circumstances,  will  vote  down  your  Constitu- 
tion almost  unanimously,  and  I  would  not 
blame  them.  They  will  say  that  our  own  fig- 
ures show  that  a  tax  of  one  and  a  (juarter  per 
cent,  will  not  pay  expenses,  and  they  cannot 
stand  under  any  heavier  burden  of  taxation  than 
that. 

I  do  not  think  that  there  is  any  conflict  be- 
tween this  section  and  the  section  in  the  article 
on  Finauce,  to  which  reference  has  been  made. 
We  say  in  the  general  framework  of  the  Con- 
stitution, that  the  Legislature  shall  levy  certain 
taxes,  sufficient  for  certain  specified  purpo.ses. 
Then  in  the  Schedule  we  say  that  for  so  many 
years  the  tax  lor  State  purposes  shall  not  ex- 
ceed a  given  rate  per  cent.  The  latter  provi- 
sion qualifies  the  former,  and  there  can  be  no 
conflict  at  all. 

Mr.  McCLINTON.  If  I  did  not  believe,  hon- 
estly and  conscientiously,  that  we  can  support 
the  State  Government  on  a  tax  of  one  and  one- 
fourth  per  cent.,  levied  upon  the  amount  of 
property  which  we  already  have  in  the  Terri- 
tory, saying  nothing  of  what  we  expect  to  have 
in  the  State  hereafter — if  I  did  not  believe  that 
would  be  amply  sufficient,  and  more  than  sufii- 
cient,  I  should  most  undoubtedly  vote  against 
this  proposition.  But  I  have  thoroughly  can- 
vassed the  matter  in  my  mind  ;  I  have  turned 
it  over  and  over,  in  every  possible  light,  en- 
deavoring to^satisfy  myself  whetlier  there  is  or 
is  not  so  much  property  in  the  Territory  now 
as  will  suffice,  upon  a  tax  of  one  dollar  and  a 
quarter  on  each  one  hundred  dollars'  worth  of 
property,  to  raise  a  revenue  suflioienf  for  the 
support  of  the  State  Government,  and  for  the 
liquidation  of  all  the  claims  which  will  be 
brought  against  the  State  on  account  of  the 
debts  contracted  by  the  Territory  of  Nevada, 
and  assumed  by  the  State ;  and  I  have  con- 
vinced myself,  fully  and  fairly,  I  believe,  that 
we  have  sufficient  resources,  and  more  than  suf- 
ficient, at  that  rate  of  taxation,  to  meet  all  de- 
mands against  us.  I  shall  therefore  vote  to 
retain  the  .section  under  consideration. 

I  believe  there  is  no  man  in  tlie  Convention 
mpre  anxious  for  the  adoi)tion  of  a  State  Gov- 
ernment than  I  am.  although  I  am  not.  like  my 
friend  from  Washoe.  (.Mr.  Nourse.)  interested 
personally.  It  is  true  that  I  have  an  interest 
to  some  extent,  as  every  citizen  has.  but  1  mean 
to  say,  I  am  not  aware  that  1  shall  be  able,  if 
I  may  use  a  rather  common  expression,  to 
"  make  my  bread  and  butter  "'  any  more  easily 
in  consequence  of  the  adoption  of  the  Slate 
Government,  than  I  otherwise  would.  On  th<! 
contrary,  I  do  not  know  but  1  shall  be  really 


824 


SCHEDULE. 


[21st  day. 


Wednesday,] 


Hawley — Cbosmax — President — Nourse. 


[July  27. 


a  little  out  of  pocket  by  it,  for  I  may  have  to 
pay  heavier  taxes  than  I  do  now;  but  if  that 
is  the  case  I  shall  pay  those  taxes  cheerfully, 
because  I  believe  the  State  Government  will  be 
a  benefit  and  a  blessing  to  the  people  at  large. 
In  my  judgment,  the  people  of  this  Territory 
will  be  found  almost  unanimously  in  favor  of  a 
State  Government,  provided  tliey  can  be  con- 
vinced that  it  will  not  burden  them  with  ex- 
penses greatly  exceeding  in  amount  those  which 
they  now  bear,  in  supporting  tlie  Territorial 
form  of  Government.  And  I  maintain  that  tlie 
Constitution  which  we  have  framed,  and  are 
about  to  adopt  in  this  Convention,  makes  ample 
provision  for  carrying  on  this  State  Govern- 
ment on  such  an  economical  principle  that  our 
expenses  will  be  .scarcely  perceptibly  increased, 
if  at  all,  beyond  what  they  now  are. 

I  am  strongly  of  the  opinion,  sir,  that  the 
taxable  property  of  the  Territory,  even  at  the 
present  day,  is  not  one  farthing  less,  in  the 
aggregate  amount,  than  forty  millions  of  dol- 
lars. But  if  it  were  less  tlian  that,  suppose  it 
to  reach  only  thirty-two  millions,  including  the 
proceeds  of  the  mines,  still  1  contend  that  a  tax 
of  one  dollar  and  a  quarter  on  every  one  hun- 
dred dollars  worth  of  property,  would  provide 
an  ample  revenue  for  the  support  of  the  State 
Government,  and  also  for  the  payment  of  the 
principal  and  interest  of  the  Territorial  debt, 
I  am  tired  of  this  rat-trap  of  a  Territorial  Gov- 
ernmeiit,  sir.  I  want  a  government  of  a  more 
substantial  character— one  which  will  encour- 
age the  development  of  our  rich  mines  and  all 
our  resources.  I  want  to  see  the  numerous 
valuable  mines  which  are  now  locked  up  by 
litigation,  unlocked,  and  developed  as  they 
should  be,  in  order  that  their  hidden  stores  of 
wealth  may  be  brought  forth  and  cast  upon  the 
commerce  of  the  world.  1  want  to  see  the  two 
thousand  men  now  idle  in  Storey  County,  as  it 
has  lieen  stated,  and  scarcely  possessing  the 
wherewithal  to  obtain  a  living,  once  more  in 
constant  employment,  and  to  accomplish  that 
end  1  desire  to  see  the  Judiciary  so  reformed 
that  the  numerous  causes  now  in  litigation  may 
bu  promptly  disposed  of  and  the  mining  claims 
unlocked,  and  allowed  to  be  developed!  Then 
tiio.se  strong  men,  now  i<lle,  can  be  put  to  work 
in  the  mines,  earning  their  four  dollars  a  day, 
and  so  obtaining  an  honest  and  honorable  live- 
lihood. 

I  can  vote  conscientiously  against  the  prop- 
osition now  before  the  Convfsntion  to  strike 
out  this  section,  for  the  reason  tiiat  1  am  firmly 
convinced  that  the  proposed  rate  of  taxation 
will  yield  a  revenue  amply  sufficient,  and  more 
than  suflicient,  to  support  the  State  (iovernmcnt. 
If  I  believed  it  would  be  no  more  than  suffi- 
cient, ratiicr  than  take  the  risk,  I  should  vote 
against  the  restriction  ;  but  I  biilieve  it  will  be 
more  than  sutficient,  leaving  a  fair  margin  for 
those  expenilitures  which  we  cannot  estimate 
witli  certainty,  and  therefore  I  shall  vote  to  re- 
tain the  H(;ction. 

The  I'lli^lSmENT,     The  question  is  on  the 


motion  of  the  gentleman  from  Nye  (Mr.  Proc- 
tor) to  strike  out  the  entire  section.  The  Sec- 
retary will  again  read  it.  as  now  amended. 

The  SECRETARY  read  the  section,  as 
amended,  as  follows  : 

Sec.  24.  Fur  tlic  first  three  years  after  the  atlop- 
tion  of  this  Cuiistitiitiiiii  the  Legislature  shall  not  levy 
a  tax,  for  State  jiuriioses,  exeeediiiK  one  jier  eent.  per 
amium  uu  the  taxable  pniperty  in  the  State.  Proi'idetl, 
the  Lej,'islature  may  levy  a  speeial  tax  not  exceeding 
one-fourth  of  one  per  eint.  jjer  anmim,  which  shall  be 
appropriateil  to  the  payment  of  the  indebtedness  of 
the  Territory  of  Nevada,  assumed  by  the  State  of  Ne- 
vada, and  for  that  purpose  only,  until  all  of  said  indebt- 
edness is  paid. 

The  question  was  taken  by  yeas  and  nays, 
and  the  vote  was — yeas,  7  ;  nays,  14 — as  fol- 
lows : 

I'l'a.?— Messrs.  Crawford.  Kinkead,  Mason,  Nourse, 
Proctor,  Tagliabue,  and  Jlr.  President — 7. 

Nays — Messrs.  Banks,  Belden,  Brosnan,  Chapln,  Col- 
lins, Crosmau,  DeLong,  Eolsom,  Gibson,  Hawley,  Ken- 
nedy, McCUuton,  Parker,  and  Wetherill — 14. 

So  the  Convention  refused  to  strike  out  the 
section. 

During  the  voting — 

Mr.  HAWLEY.  I  ask  leave  to  explain  my 
vote  —  only  a  moment.  ['•  Leave,  Leave  !"] 
Upon  the  proposition  to  levy  a  tax  of  one  dol- 
lar and  a  quarter  upon  each  one  hundred  dol- 
lars of  taxable  property,  for  the  purpose  of 
carrying  on  this  State  Government,  I  find  that 
the  constituency  I  represent,  or  any  one  of  them, 
would  be  reffuired  to  pay  taxes  amounting  in 
the  aggregate  to  twenty-six  dollars  for  each 
one  thousand  dollars  worth  of  taxable  prop- 
erty that  he  may  possess.  And  that  does  not 
include  the  Federal  tax.  I  am  very  certain 
that  my  action  would  meet  with  no  approval 
from  my  con.-titnenls,  if  I  were  to  give  my 
consent  to  any  pro])osition  which,  even  by  im- 
plication, would  allow  the  Legislature  to  levy 
a  State  tax  exceeding  one  dollar  and  a  quarter 
on  each  one  hundred  dollars,  for  the  next  two 
or  three  years,  in  addition  to  the  heavy  taxes 
which  we  already  have  to  pay  in  our  county. 
1  therefore  cast  my  \ote  in  tlie  negative. 

The  result  of  tlie  vote  having  been  an- 
nounced, as  above  given — 

Mr.  CROSMAN.  1  now  move  that  the  sec- 
tion be  adopted. 

The  PRESIDENT.  The  section  came  up  by 
a  reconsideration.  1  am  of  opinion  that  the 
failure  of  the  motion  to  strike  out  is  equiva- 
loiit  to  a  vote  to  adopt.  The  motion  should 
propirly  have  been,  1  think,  to  adopt  the  sec- 
tion rather  tiian  to  strike  it  out. 

Mr.  NOURSE.  Tiie  refusal  to  strike  out,  I 
believe,  is  the  ado])tion  of  the  section. 

The  PRESIDENT.  The  vote  may  as  well  be 
taken,  if  there  is  no  objection.  The  question 
is  on  the  adoption  of  the   section,  as  amended. 

The  question  was  taken,  and  the  section  was 
adopted. 

The  SECRETARY  read  Section  25,  as  fol- 
lows : 

Sec.  25.  The  County  of  Hoop  shall  be  attached  to  the 


21st  day.] 


ELECTION  ORDINANCE. 


825 


Wednesday,] 


DeLong— President — Coluns. 


[July  27. 


County  of  Washoe  for  judicial,   legislative,   revenue, 
and  county  puriwses,  xintil  otherwise  provided  by  law. 

No  amendment  was  proiMsed. 

The  PRESIDENT.  The  Hual  revision  of  the 
Schedule  is  now  completed  ^  what  is  the  pleas- 
ure of  the  Convention  ? 

Mr.  DeLONG.  I  move  that  the  Convention 
adjourn. 

The  PRESIDENT.  We  shall  be  unable  to 
assemble  a  quorum  to-morrow,  and  the  Election 
Ordinance  remains  to  be  read. 

Mr.  DeLONG.  We  can  finish  before  ten 
o'clock  in  the  morning  ;  however,  I  withdraw 
the  motion. 

ELECTION    ORDINANCE. 

The  Convention  took  up,  on  final  revision, 
the  Election  Ordinance,  providing  for  the  elec- 
tion by  the  people  upon  the  Constitution,  and 
the  voting  of  volunteers  in  the  service  of  the 
United  States  at  certain  elections. 

The  SECliETARY  read  the  preamble,  and 
Sections  1  to  6,  inclusive,  as  follows : 

Whereas,  The  Enabling  Act  passed  by  Congress, 
and  approved  March  21st,  A.  D.  18G4,  requires  that  the 
Convention  charged  with  the  duty  of  framing  a  Con- 
stitution for  a  State  Government  "  shall  provide  by 
ordinance  for  submitting  said  Constitution  to  the  peo- 
ple of  the  Territory  of  Nevada  for  their  ratification  or 
rejection,"  on  a  certain  day  prescribed  therein;  there- 
fore, this  Convention,  organized  in  xjursuauce  of  said 
Enabling  Act,  do  eatai)lish  the  following 

OEDINANCE. 

Section  1.  The  Governor  of  the  Territory  of  Ne- 
vada is  hereby  authorized  to  issue  his  proclamation 
for  the  submission  of  this  Constitution  to  the  ijeoijle 
of  said  Territory,  for  their  approval  or  rejection,  on  the 
day  provided  for  such  submission  by  Act  of  Congress, 
and  this  Constitution  shall  be  submitted  to  the  quali- 
fied electors  of  said  Territory,  in  the  several  counties 
thereof,  for  their  approval  or  rejection;  and  further, 
on  the  first  Tuesday  after  the  first  Monday  of  Novem- 
ber, A.  D.  1864,  there  shall  be  a  general  election  in  the 
several  counties  of  said  Territory  for  the  election  of 
State  officers,  Supreme  and  District  Judges,  Members 
of  the  Legislature,  Representative  in  Congress,  and 
three  Presidential  Electors. 

Sec.  2.  All  persons  qualified  by  the  laws  of  said 
Territory  to  vote  for  Representatives  to  the  General 
Assembly  on  the  said  twenty-first  day  of  March,  in- 
cluding those  in  the  army  of  the  United  States,  both 
within  and  beyond  the  boundaries  of  said  Territory, 
and  also  all  persons  who  may  by  the  aforesaid  laws  be 

quaUfied  to  vote  on  the  day  of ,  A.  D.  1864, 

including  those  in  the  aforesaid  army  of  the  United 
States,  within  and  without  the  boundaries  of  said  Ter- 
ritory, may  vote  for  the  adoption  or  rejection  of  said 
Constitution  on  the  day  last  above-named.  In  voting 
upon  this  Constitution,  each  elector  shall  deposit  in 
the  ballot-box  a  ticket,  whereon  shall  be  clearly  written 
or  printed  "  Constitution  Yes,"  or  "Constitution  No," 
or  such  other  words  that  shall  clearly  indicate  the  in- 
tention of  the  elector. 

Sec.  3.  All  persons  qualified  by  the  laws  of  said 
Territory  to  vote  oil  the  Tuesday  after  the  first  Monday 
of  November,  A.  D.  1864,  including  those  in  the  army 
of  the  United  States,  within  and  beyond  the  bounda- 
ries of  said  Territory,  may  vote  on  the  day  last  above- 
named  for  State  oflicers.  Supreme  and  District  Judges, 
Members  of  the  Legislature,  Representative  in  Con- 
gress, and  three  Presidential  Electors  to  the  Electoral 
College. 

Sec.  4.  The  elections  provided  in  this  ordinance 
shall  be  holden  at  such  places  as  shall  be  designated  by 
the  Boards  of  Commissioners  of  the  several  counties 
in  said  Territory.     The  Judges  and  Inspectors  of  said 


elections  shall  be  appointed  by  said  Commissioners, 
and  the  said  elocdons  aha  Ibe  conducted  in  conformity 
with  tlu>  existing  Uiws  of  xaid  Territory  in  relation  to 
holding  the  general  i-lections. 

Sec.  5.  Tile  Judges  and  Lii.ipectors  of  said  elections 
shall  carefully  ciiniiteacli  b;Ulot,  immediately  after  said 
elections,  and  lortliwitli  niaki'  duplicate  returns  thereof 
to  the  Clerks  of  Uie  .said  Ccuuity  ComiiiisHioners  of 
their  respective  counties;  and  said  Clerks,withiii  fifteen 
days  after  said  elections,  shall  transmit  an  abstract  of 
the  votes,  including  the  soldiers'  vote,  as  herein  pro- 
vided, given  for  State  officers.  Supreme  and  District 
Judges,  Representative  in  Congress,  and  thi-ee  Presi- 
dential electors,  inclosed  in  an  envelope,  by  the  most 
safe  and  exx)editious  conveyance,  to  the  Governor  of 
said  Territory,  marked  "Election  Returns." 

Seo.  6.  Upon  the  receipt  of  said  returns,  including 
those  of  the  soldiers'  vote,  or  witliin  twenty  days  after 
the  election,  if  said  returns  be  not  sooner  received, 
it  shaU  be  the  duty  of  the  Hoard  of  Canvassers — to  con- 
sist of  the  Governor,  United  States  District  Attorney, 
and  Chief  Justice  of  said  Territory,  or  any  two  of 
them — to  canvass  the  returns,  both  civil  and  mili- 
tary, in  the  presence  of  all  who  may  wish  to  be  pres- 
ent, and  if  a  majority  of  all  the  votes  given  upon  this 
Constitution  shall  be  in  its  favor,  the  said  Governor 
shall  immediately  ijublish  an  abstract  of  the  samo 
and  make  proclamation  of  the  fact,  in  some  news- 
paper in  said  Territory,  and  certify  the  same  to 
the  President  of  the  United  States,  together  with  a 
copy  of  the  Constitution  and  oriUnances.  The  said 
Board  of  Canvassers,  after  canvassing  the  votes  of  tho 
said  November  elections,  shall  issue  certificates  of 
election  to  such  persons  as  were  elected  State  officers. 
Judges  of  the  Supreme  and  District  Courts,  Repre- 
sentative in  Congress,  and  three  Pri^sidential  electors. 
When  the  President  of  the  United  States  shall  issue 
his  proclamation  declaring  this  Stiite  admitted  into 
the  Union  on  an  equal  footing  with  the  original  States, 
this  Constitution  shall  theiieet'.irtli  be  ordaiiu.'d  and 
estabhshed  as  the  Constitution  of  the  State  of  Nevada. 

The  PRESIDENT.  Are  those  words,  "  civil 
and  military,"  necessary,  in  Stction  G?  It  pro- 
vides for  canvassing  the  returns,  "  both  civil 
and  military.'' 

Mr.  COLLINS.  I  presume  they  are  not  re- 
quired. 1  move  to  strike  out  the  words  "  both 
civil  and  military." 

The  amendment  was  agreed  to  by  unanimous 
consent. 

Mr.  DeLONG.  There  is  considerable  noise 
on  this  side  of  the  room,  and  as  I  take  an  in- 
terest in  this  matter,  I  will  ask  to  have  Section 
1  read  again. 

The  SECRETARY  again  read  Section  1. 

The  PRESIDENT.  This  section  is  not  com- 
plete. It  is  necessary  to  insert  '•  on  the  day 
provided  by  Act  of  Congress.""  or  some  words 
of  like  import,  at  the  end  of  the  lirst  clause, 
before  the  words  "  and  further."'  That  will  be 
a  substitute  for  tLe  date  which  we  have  here- 
tofore stricken  out. 

Mr.  COLLINS.     Read  it  again,  slowly. 

The  SECRETARY  again  read  Section  1. 

The  PRESIDENT.  I  suggest  that  we  insert 
the  words,  "  at  the  time  provided  by  such  Act 
of  Congress."     Then  it  will  read  : 

"And  this  Constitution  shall  be  8ubmitt<;d  to  tho 
qualified  electors  of  sa"id  Territory,  in  the  several  coun- 
ties thereof,  for  their  approval  or  rejection,  at  the  time 
provided  by  such  Act  of  Congress." 

Mr.  COLLINS.   I  will  offer  that  amendment. 
The   amendment   was  agreed   to   by  unani- 
mous consent. 


826 


ELECTION  ORDINANCE. 


[21st  day. 


Wednesday.] 


President — Proctor — Chapin — Brosnan — DeLoxg. 


[July  27. 


The  remaining  sectioas  of  the  Ordinance  were 
read,  as  follows : 

Sec.  7.  For  the  purpose  of  taking  the  vote  of  the 
electors  of  said  Territory  wlio  may  be  iu  the  army  of 
the  United  Sfcites.  the  Adjutant-General  of  said  Terri- 
tory shall,  on  or  before  the  ht'th  day  of  .Aufjust  next  fol- 
lowing, make  out  a  list  in  alphabetical  order,  and 
deliver  the  same  to  the  Governor,  of  the  names  of  all 
the  electors,  residents  of  said  Territory,  who  shall  be 
in  the  army  of  the  United  States,  stating  the  number 
of  the  regiment,  battalion,  squadron,  or  battery  to 
which  he  belongs,  and  also  the  county  or  township 
of  his  residence  in  said  Territory. 

Sec.  8.  The  Governor  sh  ill  classify  and  arrange  the 
aforesaid  returned  list,  and  shuU  make  therefrom  sepa- 
rate lists  of  the  electors  belonging  to  each  regiment, 
battalion,  squadron,  and  battery  from  said  Territory  iu 
the  serrice  of  the  United  States,  and  shall,  ou  or  before 
the  fifteenth  day  of  August  following,  transmit,  by 
mail  or  otherwise,  to  the  commanding  officer  of  each 
regiment,  battalion,  squadron,  and  battery,  a  list  of 
electors  belonging  thereto,  which  said  list  shall  specify 
the  name,  residence,  and  rank  of  each  elector  and  the 
company  to  which  he  belongs,  if  to  any,  and  also  the 
county  and  township  to  which  he  belongs,  and  in  which 
he  is  entitled  to  vote. 

Sec.  9.  Between  the  hours  of  nine  o'clock,  A.  M.,  and 
three  o'clock,  P.  M.,  on  each  of  the  election  days  here- 
inbefore named,  a  ballot-box  or  suitable  receptacle  for 
votes  shall  be  opened  under  the  immediate  charge  and 
direction  of  three  of  the  highest  otli:;ers  in  command, 
for  the  reception  of  votes  from  the  electors  whose 
names  are  upon  said  list,  at  each  place  wherer  a  regi- 
ment. iTOttalion,  squadron,  or  battery  of  soldiers  from 
said  T>-'rritory  in  the  army  of  the  United  States  may  be 
on  that  d  ly  ;  at  which  time  and  place  said  electors 
shall  be  entitled  to  vote  for  all  offlccirs  for  which  by 
reason  of  their  residence  in  the  several  counties  in 
said  Territory  they  are  authorized  to  vote,  as  fully  as 
they  would  be  entitled  to  vote  in  the  several  counties 
or  townships  in  which  they  reside,  and  the  votes  so 
given  by  such  electors,  at  such  time  and  place,  shall  be 
considered,  taken,  and  held  to  have  been  given  by 
them  in  the  resp.^ctive  counties  and  townships  in 
which  they  are  resident. 

Sec.  10.  Each  ballot  deposited  for  the  adoption  or 
rejection  of  this  Constitution,  iu  the  army  of  the  United 
States,  shill  have  distinctly  written  or  printed  thereon, 
"Constitution  —  Yes,"  or  "Constitution  —  No;"  or 
words  of  a  similar  import;  and  further,  for  the  elec- 
tion of  State  officers,  Sui)remo  and  District  Judges, 
members  of  the  Legislature,  llepresentitive  in  Con- 
gress, and  three  Presidential  Electors,  the  name  and 
office  of  the  person  voted  for  shall  be  plainly  written 
or  printed  on  one  piece  of  paper.  The  name  of  each 
elector  voting  as  aforesaid  shaU  be  checked  upon  the 
said  Ust  at  the  time  of  voting  by  one  of  the  said  offi- 
cers having  charge  of  the  ballot-box.  The  said  officers 
having  charge  of  the  election  shall  count  the  votes, 
and  compare  them  with  the  checked  Ust,  immediately 
after  the  closing  f)f  thf:  ballot-box. 

Sec.  11.  All  the  ballots  cast,  together  with  the  said 
voting  list  checked  as  aforesaid,  shall  be  immediately 
sealed  up  and  sent  forthwith  to  the  Governor  of  said 
Territory,  at  Carson  City,  by  mail  or  otherwise,  by  the 
commanding  officer,  who  shall  also  make  out  and  cer- 
tify duplicate  returns  of  votes  giv-!n  according  to  the 
forms  hereinafter  described,  seal  up  and  immediately 
transmit  the  same  to  the  said  Governor  at  Carson  City, 
by  mail  or  otherwise,  the  day  following  the  transmis- 
sion of  the  ballots  and  the  voting  list  herein  named. 
The  said  commanding  officer  shall  also  immediately 
transmit  to  the  several  County  Clerks  iu  said  Terri- 
tory an  abstract  of  the  votes  given  at  the  general  elec- 
tion in  November,  for  county  officers,  marked  "  Elec- 
tion Returns." 

Sec.  12.  The  form  of  returns  of  votes  to  be  made 
by  the  commanding  officer  to  the  Governor  and  County 
Clerks  of  said  Territory,  shall  be  iu  substauee  as  fol- 
lows, viz  : 

Returns  of  soldiers'  votes  in  the  (hero  insert  the 
regiment,  detachment,  battalion,  squadron,  or  battery.) 
(For  first  election — Ou  the  Constitution:) 


I,- 


-,  hereby  certify  that  on  the  - 


-A.  D.  1864, 


the  electors  belonging  to  the  (here  insert  the  name  of 
the  regiment,  detachuieut,  battaUon.  squadron,  or  bat- 
tery,) cast  the  following  number  of  votes  for  and 
against  the  Constitution  for  the  State  of  Nevada,  viz  : 

For  Constitution— (number  of  votes  written  in  full 
and  in  figures.) 

Against  Constitution— (number  of  votes  WTitten  in 
full  and  in  figures.) 

(Second  election — For  State  and  other  officers :) 

I,  ,  hereby  certify  that  on  the  first  Tuesday 

after  the  first  Monday  iu  November,  A.  D.  1804,  the 
electors  belonging  to  the  (here  insert  as  above,)  cast 
the  following  number  of  votes  for  the  several  offices 
and  persons  hereinafter  named,  viz  : 

For  Governor— (names  of  persons  voted  for,  number 
of  votes  for  each  person  voted  for  written  in  full,  and 
also  iu  figures,  against  the  name  of  each  person.) 

For  Lieutenant-Governor  —  (name  of  candidates, 
number  of  votes  cast  for  each  written  out,  and  iu  fig- 
ures, as  above.) 

(Continue  as  above  until  the  list  is  completed.) 
Atti^st:  I.  A.  B., 

Commanding  officer  of  the  (here  insert  regiment,  de- 
tachment, battaUon,  squadron,   or  battery,   as  the 

case  may  be.) 

Sec.  13.  The  Governor  of  this  Territory  is  request- 
ed to  furnish  each  commanding  officer  within  and  be- 
yond the  boundaries  of  said  Territory,  proper  and 
sufficient  blanks  for  said  returns. 

Sec.  14.  The  provisions  of  this  ordinance  in  regard 
to  the  soldiers'  vote  shall  apply  to  future  elections  un- 
der this  Constitution,  and  be  in  full  force  until  the 
Legislature  shall  provide  by  law  for  taking  the  votes  of 
citizens  of  said  Territory  in  the  army  of  the  United 
States. 

No  further  amendment  was  proposed. 

The  PRESIDENT.  Has  the  geutlmiari  from 
Nye  (Mr.  Proctor)  any  report  to  make  from  the 
Governor,  concerning  the  day  of  voting  ou  the 
Constitution  ? 

Mr.  PROCTOR.    Not  yet. 

PGBLICATION    OF   THE    CONSTITUTION. 

Mr.  CHAPIN.  While  we  are  waiting  for  in- 
form xtiou  from  the  Governor,  I  desire  to  offer 
a  resolution  which  I  think  is  necessary,  inas- 
much as  a  committee  has  been  appointed  to 
take  charge  of  the  official  publicatioa  of  the 
Constitution. 

The  resolution  was  read,  as  follows  : 

Resolved,  That  the  Committee  on  Re-enrollmsnt  be 
directed  to  furnish  the  Committee  on  Publication  and 
Distribution,  with  a  certified  copy  of  the  Constitution, 
as  soon  as  the  same  can  be  prepared. 

The  question  was  taken,  and  the  resolution 
was  adopted. 

ENGROSSMENT   OK  THE   JOURNAL. 

Mr.  BROSNAN.  I  believe  it  is  customary  to 
provide  for  the  preservation  of  the  Journals  of 
Conventions  of  this  kind,  and  I  therefore  offer 
the  following  resolution  : 

Jti'unlpeil,  That  iu  the  eveut  of  the  adoption  of  this 
Constitution,  the  Secretary  of  this  Convention  be,  and 
he  is  hereby  directed  to  engross,  on  Supreme  Court 
paper,  the  .Journals  of  this  Convention,  iu  order  that 
they  may  be  l)ound,  and  that  for  such  services,  as  well 
as  for  engrossing  copies  of  the  Constitution  provided 

to  be  transmitted  to  Washington,  he  shall  receive 

cents  per  folio,  to  be  paid  in  the  same  mmner  as  the 
salaries  of  the  attaches  of  this  Convention. 

Mr.  DeLONG.  I  move  to  insert  the  word 
"  hide,"  before  '•  bound."     [Laughter.] 


21st  day.] 


RESOLUTIONS,  ETC. 


827 


"Wednesday,]  Nocrse — Collins — Banks — Brosnan— Proctor — DeLonq — Hawley,  etc.  [July  27. 


Mr.  NOURSE.  I  want  to  insert  a  proviso 
that  tho  Secretary's  compensation  shall  not  ex- 
ceed one  per  cent,  of  all  the  taxable  property 
of  the  State.  [Laughter.]  Would  the  Secre- 
tary do  the  work  for bonds? 

Mr.  COLLINS  Do  not  let  us  make  nonsense 
of  it. 

Mr.  BANKS.  We  must  fill  the  blank,  I  sup- 
pose. The  price  paid  for  enrolling,  I  under- 
stand, is  thirty  cents  per  folio. 

Mr.  BROSNAN.  I  will  insert  in  the  blank 
the  word  ■'  thirty." 

The  question  was  taken,  and  the  resolution, 
as  modified,  was  adopted. 

THE    ELECTION    ORDINANCE — AGAIN. 

Mr.  BANKS.  Has  the  Election  Ordinance 
been  finally  considered  ? 

The  PRESIDENT.  It  was  passed  some  time 
ago. 

Mr.  BANKS.  I  did  not  hear  the  final  vote 
taken  ;  were  any  corrections  made  ? 

The  PRESIDENT.  Yes,  sir ;  in  the  usual 
manner  ;  there  being  no  objection. 

Mr.  BANKS.  Has  any  reply  been  received 
to  the  telegrams  sent  by  the  Governor  relative 
to  the  day  of  the  election  on  the  Constitution? 

The  PRESIDENT.  I  have  made  inquiry, 
and  learn  that  at  the  time  of  the  meeting  of 
the  Convention  this  evening,  the  Governor  had 
received  no  reply.  Some  blanks  were  necessa- 
rily left  in  the  F.leclion  Ordinance,  as  it  was 
passed  on  a  previous  day,  and  we  have  provided 
in  Section  1,  that  the  Constitution  shall  be  sub- 
mitted at  the  time  designated  by  Act  of  Con- 
gress. That  is  all  the  Convention  can  do  in  re- 
gard to  the  matter. 

FINAL   ADOPTION     OF    THE    CONSTITUTION. 

Mr.  PROCTOR.  Before  the  reading  of  the 
Journal  of  to-day's  proceedings,  should  we  not 
take  a  final  vote  on  the  adoption  of  the  Consti- 
tution as  a  whole,  as  now  amended? 

Mr.  DeLONG.  I  think  the  suggestion  is  a 
good  one.  I  move  the  adoption  of  the  entire 
Constitution,  Resolution,  and  Ordinances,  as  a 
whole,  and  ask  for  the  yeas  and  nays. 

The  question  was  taken  by  yeas  and  nays, 
and  the  vote  was— yeas,  19  ;  nays,  2— as  fol- 
lows: 

Feas— Messrs.  Banks,  Belden,  Brosuan,  Chaisin,  Col- 
lins, Crosman,  DeLong,  Folsom,  Gibson,  Hawley,  Ken- 
nedy, Kinkead,  Mason,  McClinton,  Parker,  Proctor, 
Tagiiabue,  WetherUl,  and  Jlr.  President — 19. 

Nays — Messrs.  Cra^\'ford  and  Nourse— 2. 

So  the  Constitution,  Resolution,  and  Ordi- 
nances, were  finally  adopted  by  the  Conven- 
tion. 

Mr.  HAWLEY.  Now  I  call  for  the  reading 
of  the  Journal. 

The  Journal  of  to-day's  proceedings,  up  to 
the  present  time,  was  read  and  approved. 

Several  facetious  motions  and  resolutions 
were  submitted,  producing  considerable  merri- 
ment. 


EXTRA   SERVICE    OP  SECRETARY. 

Mr.  KINKEAD.  There  will  neci'ssarily  be  a 
day  or  two,  perhaps  more,  after  the  adjourn- 
ment, that  the  Secretary  will  be  occupied  in 
writing  up  his  Journal,  and  attending  to  vari- 
ous matters  connected  with  his  duties.  I  will 
therefore  submit  a  motion  tiiat  he  Ije  allowed, 
for  such  time  as  may  be  necessary,  the  same 
per  diem  as  during  the  session,  to  be  certified 
by  the  President. 

The  PRESIDENT.  A  certified  copy  of  the 
Constitution,  as  enrolled,  has  to  be  furnished  to 
the  printer. 

Mr.  BROSNAN.  Is  not  the  copy  we  have 
been  using  sufficient,  as  it  has  to  be  re-enrolled  ? 
Compositors,  as  is  well  known,  can  read  almost 
a  lything. 

Mr.  KINKEAD.  I  think  so  ;  that  copy  has 
to  be  used  for  tlie  re-enrollment. 

The  PRESIDENT.  The  question  is  on  the 
motion  of  the  gentleman  from  Ormsby,  (Mr. 
Kinkead.)     The  Secretary  will  read  it. 

The  SECRETARY  read,  as  follows  : 

Resolved,  Tliat  the  Secretary  be  allowed  the  same  per 
diem,  for  such  number  of  tlays  as  he  shall  be  necessa- 
rily engaged  in  writing  up  the  Journals,  to  bu  certified 
to  by  tile  President,  as  is  prescribed  by  the  resolution 
fixing  the  pay  of  the  attaches. 

The  question  was  taken,  and  the  resolution 
was  adopted. 

EXTRA    PAY. 

Mr.  BANKS.  I  move  to  reconsider  the  vote 
by  which  the  Convention  increased  the  com- 
pensation of  certain  officers  and  attaches  of  the 
Convention,  and  I  will  state  my  reasons  very 
briefly.  I  might  with  propriety  say  a  great 
deal  in  commendation  of  the  manner  in  which 
the  duties  of  their  various  positions  have  been 
performed,  but  nevertheless  I  regret  exceeding- 
ly that  in  the  starting  out  of  our  new  State 
Government  we  should  establish  so  bad  a  pre- 
cedent. I  know  the  motion  is  not  altogether 
parliamentary,  perhaps,  and  it  may  not  be  ac- 
ceptaidc  to  many  gentlemen  who  are  friends  of 
the  officers  and  attaches,  nor  to  themselves,  but 
for  one  I  cannot  consent,  if  I  can  help  it,  to 
allow  this  Cimvention  to  set  so  pernicious  an 
example. 

The  question  was  taken  on  the  motion  to  re- 
consider, and  on  a  division  the  vote  was — yeas, 
7  ;  nays,  12.  So  the  Convention  refused  to  re- 
consider. 

THANKS    TO   THE    PRESIDENT. 

[Mr.  Collins  in  the  chair.] 
Mr.  H.\.WLEY  ottered  the  following  preimble 
and  resolutions : 

Whehea's,  The  second  Constitutional  Convention  of 
the  Territory  of  Nevada  is  now  about  to  adjourn. 
Therefore,  be  it  unanimously 

Jiesohvd.  That  the  thanks  of  the  members  of  this 
Convention  are  hereby  tendered  to  the  Hon.  J.  Xeely 
John-son.  President  of  the  Convention,  for  the  able, 
impartial,  and  courteous  manner  in  which  he  has  dis- 
charged the  duties  of  his  position. 


828 


FINAL  ADJOURNMENT. 


[21st  day. 


Wednesday.]         Hawlet — KiJfKEAD — DeLong — Baxks— Cbosman — President. 


[July  27. 


Resolved,  That  the  members  of  this  Convention  take 
leave  of  the  I^-osideut  \\-ith  the  kindest  memories  of 
their  past  intercourse,  and  their  warmest  wishes  for 
his  future  prosperity. 

Mr.  HAWLEY.  I  feel  that  nothing  I  can 
say  would  add  strength  or  force  to  those  reso- 
lutions, which  are  offered  in  a  spirit  of  the  pro- 
foundest  sincerity.  I  earnestly  hope  and  trust 
that  they  will  meet  with  the  unauiuious  appro- 
val of  the  gentlemen  composing  this  Conven- 
tion. By  their  adoption  we  shall  only  be 
doing  justice  to  ourselves,  as  well  as  justice — 
in  part,  at  least — to  the  distinguished  gentle- 
man who  has  presided  so  ably  over  our  deliber- 
ations.    [Applause.] 

The  question  was  taken,  and  the  preamble 
and  resolutions  were  unanimously  adopted. 

THANKS   TO   OFFICERS   AND   ATTACHES. 

[The  President  in  the  chair.] 
Mr.  KINKEAD  offered  the  following  resolu- 
tion : 

Resolved,  That  the  members  of  this  Convention 
hereby  return  their  thanks  to  the  Secretary  and  other 
attaches  of  this  Convention,  for  the  faithful  discharge 
of  the  duties  of  their  several  offices. 

Mr.  DeLuNG.  How  is  that ;  "  the  Secretary 
and  other  attaches?"'  That  requires  some  modi- 
fication. 

Mr.  BANKS.  It  is  a  matter  perhaps  of  no 
great  consequence ;  still,  if  1  occupied  the  po- 
sition of  the  "'others,"  I  would  like  to  be  desig- 
nated a  little  more  plainly.  I  understand  that 
the  Secretary,  and  the  A.ssistant  Secretary  of 
the  Convention,  and  also  the  Official  Reporter, 
are  included  among  the  officers  of  the  Conven- 
tion, and  then  the  others  may  be  designated  as 
attaches.  Ivvould  like  to  get  the  resolution  in 
proper  form,  and  the  attaches  are  not  usually 
classed  witli  the  other  officers.  I  suggest  that 
the  resolution  be  amended  so  as  to  specify  the 
Secretary,  Assistant  Secretary,  and  Official  Re- 
porter, and  then  the  others  as  attaches. 

Mr.  KINKEAD.  I  will  accept  the  amend- 
ment with  great  pleasure. 
_  Mr.  BANKS.  After  examining  the  resolu- 
tion, I  will  move  to  amend  it  so  as  to  read  : "  the 
officers  and  attaches  of  this  Convention,"  in- 
stead '■  of  the  Secretary  and  oth  *•  attaches  ;" 
that  will  include  them  all.  The  resolution  will 
then  read  as  follows  : 

Ri-solvfil,  That  the  members  of  this  Convention 
hereby  return  their  thanks  to  the  officers  and  attaches 
of  this  Convention,  for  the  faithful  discharge  of  the 
duties  of  their  several  offices. 

Mr.  KINKEAD.    I  accept  the  amendment. 

The  (juestion  was  taken,  and  tlie  resolution, 
as  modilicd.  was  adopted  unanimously. 

The  journal  of  this  evening's  session  was 
read  and  approved. 

ADJOUKN.MENT    SINE    DIE. 

Mr.  CROS.MAN.  I  move  that  the  Conven- 
tion adjourn,  gine  die,  inasmuch  as  our  labors 
are  compltti'd. 


The  question  was  taken,  and  the  motion  was 
agreed  to. 
Before  announcing  the  result  of  the  vote — 

CLOSING   REMARKS    OP   THE   PRESIDENT. 

The  PRESIDENT.  Gentlemen  of  the  Con- 
vention : — The  time  has  arrived  when,  having 
concluded  the  important  laljors  for  which  we 
were  convened,  we  are  about  to  separate, 
and  return  to  our  several  homes.  Anxiously 
as  we  have  desired  this  moment,  it  nevertheless 
brings  with  it  feelings  of  sadness,  for  we  are 
about  to  part,  probably  never,  all  of  us,  again 
to  meet  together  on  earth. 

When  I  entered  upon  the  duties  of  your  pre- 
siding officer,  gentlemen.  I  promised  you  that 
I  would  endeavor  to  discharge  the  duties  of 
that  trust  with  impartiality,  and  I  can  con- 
scientiously say,  that  during  the  sessions  of 
our  body  I  have  earnestly  sought  to  discharge 
those  duties.  And  I  feel  that  I  can  receive 
the  very  flattering  resolution  of  thanks  which 
you  have  adopted,  as  at  least  an  earnest  and 
sincere  expression  of  your  judgment  as  to  the 
manner  in  which  I  have  fulfilled  your  expec- 
tations, and  my  promise.  In  discharging  the 
exacting  duties  of  this  position,  I  have  labored 
under  much  embarrassment.  I  brought  to  the 
position  but  little  of  parliamentary  knowledge 
or  legislative  experience,  and,  having  no  writ- 
ten rules  for  the  government  of  our  Conven- 
tion, we  have  been  compelled  to  rely  upon  the 
manual  which  was  adopted  as  our  guide,  and 
which  was  not  at  all  times  strictly  applicable 
to  the  varied  questions  which  necessarily  arose 
in  the  Convention.  Hence  I  have  oftentimes 
found  myself  perplexed,  and  in  some  instances 
have  unquestionably  made  rulings  which  did 
not  receive  the  approval  of  your  judgment. 
Be  that  as  it  may,  I  liave  been  at  all  times  actu- 
ated solely  by  a  desire  to  make  no  rulings  but 
such  as  would  be  in  conformity  with  the  usages 
and  practice  of  parliamentary  bodies. 

During  our  proceedings  we  have  had  much 
to  congratulate  ourselves  upon,  and  Jiut  little, 
if  anything  at  all,  to  recur  to  at  this  time  with 
regret.  We  have  passed  through  tiie  few  weeks 
of  our  deliberations,  without  the  angel  of  death 
having  entered  the  portals  of  the  Convention, 
and  with  an  absence  even  of  any  serious  illness, 
such  as  visited  the  preceding  Convention.  For 
these  mercies  we  should  return  our  grateful 
thanks  to  a  beneficent  Providence. 

It  is  to  be  regretted  that  we  have  not  had  a 
full  attendance  of  members,  owing  to  circum- 
stances which  we  could  not  control,  but  never- 
theless, in  much  less  time  tliau  that  consumed 
by  members  of  the  former  Convention,  we  have 
prepared  with  exceeding  great  care  a  Consti- 
tution to  be  submittid  to  the  people  of  this 
Territory,  for  thuir  approval  or  rejection — a 
Constitution  which,  in  my  opinion,  in  all  its 
essential  features,  will  commend  itself  to  the 
favorable  judgment  of  the  people.  And  even 
should  their  judgment  Ije  adverse  at  this  time 
to  its  adoption,  we  shall  have  this  upon  which 


21st  day.] 


FINAL  ADJOURNMENT. 


829 


Wednesday,] 


President. 


[July  27. 


to  congratulate  ourselves,  that  although  the 
result  of  our  labors  be  not  now  adopted,  it 
will  nevertheless  serve  as  a  basis  for  the  action 
of  some  future  Convention,  as  the  labors  of  our 
predecessors  have  served  as  the  basis  of  our 
action. 

Gentlemen,  in  bidding  you  good-bye,  allow 
me  to  say  that  you  carry  with  you.  each  and 
every  one,  my  cordial  sympathies  in  your  fu- 
ture welfare,  my  sincere  wishes  for  your  con- 
tinued prosperity.    And  I  join  with  you,  gen- 


tlemen, in  the  ardent  hope  that  the  labors  which 
have  brought  us  together,  and  which  are  now 
happily  ended,  may  culminate  in  the  advantage 
of  the  people  of  the  new  State  of  Nevada,  for 
the  government  of  which  we  have  laid  the 
foundation. 

Gentlemen,  I  now  declare  this  Convention  ad- 
journed sme  die. 

Accordingly,  at  five  minutes  past  twelve 
o'clock,  midnight,  the  Conveution  adjourned, 
siiie  die. 


CONSTITUTION 


J" 


OF   THE 


STATE  OF  NEVADA 


AS   ADOPTED   IN  COmTENTION,  AND   RATIFIED   BY  THE  PEOPLE. 


CONSTITUTION. 


PREUMINARY  ACTION. 

Whekeas.  The  Act  of  Congress,  approved 
March  twenty-first,  A.  D.  eighteen  hundred  and 
sixty-four,  '•  To  Enable  the  People  of  the  Ter- 
ritory of  Nevada  to  form  a  Constitution  and 
State  Government,  and  for  the  admission  of 
such  State  into  the  Union  on  an  equal  footing 
with  the  original  States,"  requires  that  the 
members  of  the  Convention  for  framing  said 
Constitution  shall,  after  organization,  on  behalf 
of  the  people  of  said  Territory,  adopt  the 
Constitution  of  the  United  States,  therefore, 
be  it 

Resolved.  That  the  members  of  this  Conven- 
tion, elected  by  the  authority  of  the  aforesaid 
Enabling  Act  of  Congress,  as  assembled  in  Car- 
son City,  the  Capital  of  said  Territory  of  Ne- 
vada, and  immediately  subsequent  to  its  organ- 
ization, do  adopt,  on  behalf  of  the  people  of 
said  Territory,  the  Constitution  of  the  United 
States. 

ORDINANCE. 
In  obedience  to  the  requirements  of  an  Act 
of  the  Congress  of  the  United  States,  approved 
March  twenty-first.  A.  D.  eighteen  hundred  and 
sixty-four,  to  enable  the  people  of  Nevada  to 
form  a  Constitution  and  State  Government,  this 
Convention,  elected  and  convened  in  obedi- 
ence to  said  Enabling  Act,  do  ordain  as  fol- 
lows— and  this  ordinance  shall  be  irrevocable, 
without  the  consent  of  the  United  States  and 
the  people  of  the  State  of  Nevada  : 

First — That  there  shall  be  in  this  State  neither 
slavery  nor  involuntary  servitude,  otlierwise 
than  in  the  punishment  for  crimes,  whereof  the 
party  shall  have  been  duly  convicted. 

A  27 


Second — That  perfect  toleration  of  religious 
sentiment  shall  be  secured,  and  no  inhabitant 
of  said  State  shall  ever  be  molested,  in  person 
or  property,  on  account  of  his  or  her  mode  of 
religious  worship. 

Third — That  the  people  inhabiting  said  Ter- 
ritory do  agree  and  declare,  that  they  forever 
disclaim  all  right  and  title  to  the  unappropriated 
public  lands  lying  within  said  Territory,  and  . 
that  the  same  shall  be  and  remain  at  the  sole 
and  entire  disposition  of  the  United  States  : 
and  that  lands  belonging  to  citizens  of  the 
United  States,  residing  without  the  said  State, 
shall  never  be  taxed  higher  than  the  land  be- 
longing to  residents  thereof ;  and  that  no  taxes 
shall  be  imposed  by  said  State  on  lands  or 
property  therein  belonging  to.  or  which  may 
hereafter  be  purchased  by.  the  United  Slates. 

PREAMBLE. 
We,  the  People  of  the  State  of  Nevada, 
grateful  to  Almighty  God  for  our  freedom,  in 
order  to  secure  its  blessings,  insure  domestic 
tranquillity,  and  form  a  more  perfect  Govern- 
ment, do  establish  this 

CONSTITUTION. 
ARTICLE  I. 

DECLARATION   OF   RIRHTS. 

Section  1.  All  men  are.  by  nature,  free  and 
equal,  and  have  certain  inalienable  rigliL*. 
among  which  are  those  of  enjoying  and  dffend- 
ing  life  and  liberty  ;  acquiring,  i»osses.«ing.  and 
protecting  property,  and  pursuing  and  obtain- 
ing safety  and  happiness. 

Sec.  2.  All  political  power  is  Inherent  in  the 
people.    Government  is  instituted  for  the  pro- 


834 


CONSTITUTION. 


Declaration  of  Rights. 


toction,  security,  and  benefit  of  the  people  ;  and 
they  have  the  right  to  alter  or  reform  the  same 
whenever  the  public  good  may  require  it.  But 
the  paramount  allegiance  of  every  citizen  is 
due  to  the  Federal  Government,  in  the  exercise 
of  all  its  constitutional  powers,  as  the  same 
have  been,  or  may  be.  defined  by  the  Supreme 
Court  of  the  United  States,  and  no  power  ex- 
ists in  the  people  of  this  or  any  other  State  of 
the  Federal  Union  to  dissolve  their  connection 
therewith,  or  perform  any  act  tending  to  im- 
pair, subvert,  or  resist  the  supreme  authority 
of  the  Government  of  the  United  States.  The 
Constitution  of  the  United  States  confers  full 
power  on  the  Federal  Government  to  maintain 
and  perpetuate  its  existence,  and  whensoever 
any  portion  of  the  States,  or  the  iK'ople  there- 
of, attempt  to  secede  from  the  Federal  Union, 
or  forcibly  resist  the  execution  of  its  laws,  the 
Federal  Government  may,  by  warrant  of  the 
Constitution,  employ  armed  force  in  compel- 
ling obedience  to  its  authority. 

Sec.  3.  The  right  of  trial  by  jury  shall  be 
secured  to  all,  and  remain  inviolate  forever  ; 
but  a  jury  trial  may  be  waived  by  the  parties 
in  all  civil  cases,  in  the  manner  to  be  prescribed 
by  law  ;  and  in  civil  cases,  if  three-fourths  of 
the  jurors  agree  upon  a  verdict,  it  shall  stand, 
and  have  the  same  force  and  effect  as  a  verdict 
by  the  whole  jury  ;  provided,  the  Legislature,  by 
a  law  passed  by  a  two-thirds  vote  of  all  the 
members  elected  to  each  branch  thereof,  may 
require  a  unanimous  verdict,  notwithstanding 
this  provision. 

Sec.  4.  The  free  exercise  and  enjoyment  of 
religious  profession  and  worship,  without  dis- 
crimination or  preference,  shall  forever  be 
allowed  in  this  State  ;  and  no  person  shall  be 
rendered  incompetent  to  be  a  witness  on  ac- 
count of  his  opinions  on  matters  of  his  religious 
belief;  but  the  liberty  of  conscience  hereby 
secured  shall  not  be  so  construed  as  to  excuse 
acts  of  licentiousness,  or  justify  practices  incon- 
sistent with  the  i)eace  or  safety  of  this  State. 

Sec.  5.  Tlie  privilege  of  the  writ  of  habeas 
corpus  shall  not  l)e  suspended,  unless,  when  in 
cases  of  rebellion  or  invasion,  tlie  public  safety 
may  require  its  suspension. 

Sec.  6.  Excessive  bail  shall  not  be  required, 
nor  excessive  fines  imposed  ;  nor  shall  cruel  or 
unusual  punishments  be  inflicted  ;  nor  shall 
witnesses  be  unreasonably  detained. 


Sec.  7.  All  persons  shall  be  bailable  by 
sufficient  sureties  ;  unless  for  capital  offenses, 
when  the  proof  is  evident,  or  the  pi-esumption 
great. 

Sec.  8.  No  person  shall  be  tried  for  a  capi- 
tal or  other  infamous  crime,  (except  in  cases  of 
impeachment,  and  in  cases  of  the  militia  when 
in  actual  service,  and  the  land  and  naval  forces 
in  time  of  war,  or  which  this  State  may  keep 
with  the  consent  of  Congress  in  time  of  peaae, 
and  in  cases  of  petit  larceny,  under  the  regula- 
tion of  the  Legislature,)  except  on  present- 
ment or  indictment  of  a  grand  jury ;  and  in 
any  trial  in  any  court  whatever,  the  party  ac- 
cused shall  be  allowed  to  appear  and  defend  in 
person,  and  with  counsel,  as  in  civil  actions. 
No  person  shall  be  subject  to  be  twice  put  in 
jeopardy  for  the  same  offense  ;  nor  shall  he  be 
compelled,  in  any  criminal  case,  to  be  a  wit- 
ness against  himself ;  nor  be  deprived  of  life, 
liberty,  or  property,  without  due  process  of  law; 
nor  shall  private  property  be  taken  for  public 
use  without  just  compensation  having  been  first 
made  or  secured,  except  in  cases  of  war,  riot, 
fire,  or  great  public  peril,  in  which  case  com- 
pensation shall  be  afterward  made. 

Sec.  9.  Every  citizen  may  freely  speak, 
write,  and  publish  his  sentiments  on  all  subjects, 
being  responsible  for  the  abuse  of  that  right ; 
and  no  law  shall  be  passed  to  restrain  or  abridge 
the  liberty  of  speech  or  of  the  press.  In  all 
criminal  prosecutions,  and  civil  actions  for 
lil)els,  the  truth  may  be  given  in  evidence  to 
the  jury,  and  if  it  shall  appear  to  the  jury  that 
the  matter  charged  as  libelous  is  true,  and  was 
published  with  good  motives,  and  for  justifiable 
ends,  the  party  shall  be  acquitted  or  exoner- 
ated. 

Sec.  10.  The  people  shall  have  the  right 
freely  to  assemble  together  to  consult  for  the 
common  good,  to  instruct  their  representatives, 
and  to  petition  the  Legislature  for  redress  of 
grievances. 

Sec.  11.  The  military  shall  be  subordinate 
to  the  civil  power.  No  standing  army  shall  be 
maintained  by  this  State  in  time  of  peace,  and 
in  time  of  war  no  appropriation  for  a  standing 
army  shall  l)e  for  a  longer  time  than  two  years. 

Sec.  12.  No  soldier  shall,  in  time  of  peace, 
be  quartered  in  any  house  without  the  cons(^nt 
of  the  owner,  nor  in  time  of  war,  except  in  the 
manner  to  be  prescribed  by  law. 


CONSTITUTION. 


835 


Right  op  Suffrage. 


Sec.  13.  Representation  shall  be  apportioned 
according  to  population. 

Sec.  14.  The  privilege  of  the  debtor  to  en- 
joy the  necessary  comforts  of  life  shall  be  re- 
cognized by  wholesome  laws,  exempting  a 
reasonable  amount  of  property  from  seizure  or 
sale  for  payment  of  any  debts  or  liabilities 
hereafter  contracted  ;  and  there  shall  be  no  im- 
prisonment for  debt,  except  in  cases  of  fraud, 
libel,  or  slander,  and  no  person  shall  be  impris- 
oned for  a  militia  fine  in  time  of  peace. 

Sec.  15.  No  bill  of  attainder,  ex  post  facto 
law,  or  law  impairing  the  obligation  of  con- 
tracts, shall  ever  be  passed. 

Sec.  16.  Foreigners  who  are,  or  who  may 
hereafter  become,  bona  fide  residents  of  this 
State,  shall  enjoy  the  same  rights  in  respect  to 
the  possession,  enjoyment,  and  inheritance  of 
propei'ty  as  native-born  citizens. 

Sec.  17.  Neither  slavery  nor  involuntary 
servitude,  unless  for  the  punishment  of  crimes, 
shall  ever  be  tolerated  in  this  State. 

Sec.  18.  The  right  of  the  people  to  be  se- 
cure in  their  persons,  houses,  papers,  and  effects, 
against  unreasonable  seizures  and  searches, 
shall  not  be  violated ;  and  no  warrant  shall 
issue  but  on  probable  cause,  supported  by  oath 
or  affirmation,  particularly  describing  the  place 
or  places  to  be  searched,  and  the  person  or 
persons,  and  thing  or  things  to  be  seized. 

Sec.  19.  Treason  against  the  State  shall  con- 
sist only  in  levying  war  against  it,  adhering  to 
its  enemies,  or  giving  them  aid  and  comfort. 
And  no  person  shall  be  convicted  of  treason 
unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  on  confession  in  open  court- 

Sec.  20.  This  enumeration  of  rights  shall 
not  be  construed  to  impair  or  deny  others  re- 
tained by  the  people. 

ARTICLE  n. 

BIGHT   OF   SUFFRAGE. 

Section  1.  Every  white  male  citizen  of  the 
United  States,  (not  laboring  under  the  disabili- 
ties named  in  this  Constitution,)  of  the  age  of 
twenty-one  years  and  upwards,  who  shall  have 
actually  and  not  constructively  resided  in  the 
State  six  months,  and  in  the  district  or  county 
thirty  days  next  preceding  any  election,  shall 
be  entitled  to  vote  for  all  officers  that  now  arc 
or  hereafter  may  be  elected  by  the  people,  and 
upon  all  questions  submitted  to  the  electors  at 


such  election  ;  provided,  that  no  person  who 
has  been  or  may  be  convicted  of  treason  or 
felony  in  any  State  or  Territory  of  the  I'nited 
States,  unless  restored  to  civil  rights,  and  no 
person  who,  after  arriving  at  the  age  of  eighteen 
years,  shall  have  voluntarily  borne  anus  against 
the  United  States,  or  held  civil  or  military 
office  under  the  so-called  Confederate  States,  or 
either  of  them,  unless  an  amnesty  be  granted 
to  such  by  the  Federal  Government,  and  no 
idiot  or  insane  person  shall  be  entitled  to  the 
privilege  of  an  elector. 

Sec.  2.  For  the  purpose  of  voting,  no  per- 
son shall  be  deemed  to  have  gained  or  lost  a 
residence  by  reason  of  his  presence  or  absence 
while  employed  in  the  service  of  the  United 
States,  nor  while  engaged  in  the  navigation  of 
the  waters  of  the  United  States,  or  of  the  high 
seas  ;  nor  while  a  student  of  any  seminary  of 
learning  ;  nor  while  kept  at  any  almshouse  or 
other  asylum,  at  public  expense ;  nor  while 
confined  in  any  public  prison. 

Sec.  3.  The  right  of  suffrage  shall  be  en- 
joyed by  all  persons  otherwise  entitled  to  the 
same  who  may  be  in  the  military  or  naval  ser- 
vice of  the  United  States  ;  jwovided,  the  votes 
so  cast  shall  be  made  to  apply  to  the  county 
and  township  of  which  said  voters  were  bona 
fide  residents  at  the  time  of  their  enlistment ; 
and,  provided  further,  that  the  payment  of  a 
poll  tax  or  a  registration  of  such  voters  shall 
not  be  required  as  a  condition  to  the  right  of 
voting.  Provision  shall  be  made  by  law  regu- 
lating the  manner  of  voting,  holding  elections, 
and  making  returns  of  such  elections,  wherein 
other  provisions  are  not  contained  in  this  Con- 
stitution. 

Sec.  4.  During  the  day  on  which  any  gene- 
ral election  shall  be  held  in  this  State,  no  qual- 
ified elector  shall  be  arrested  by  virtue  of  any 
civil  process. 

Sec.  5.  All  elections  by  the  people  shall  be 
by  ballot,  and  all  elections  by  the  Legislature, 
or  by  either  branch  thereof,  shall  be  vivn  voce. 
Sec.  6.  Provision  shall  be  made  by  law  for 
the  registration  of  the  names  of  the  electors 
within  the  counties  of  which  they  may  ]»e  resi- 
dents, and  for  the  ascertainment,  by  proper 
proofs,  of  the  jiersons  who  shall  be  entitled  to 
the  right  of  suffrage,  as  hereby  established,  to 
preserve  the  purity  of  elections,  and  to  regu- 
late the  manner  of  holding  and  making  returns 


836 


CONSTITUTION. 


Distribution  op  Powers — Leoislatite  Department. 


of  the  same;  and  the  Legislature  shall  have 
poorer  to  prescribe  by  la^v  any  other  or  further 
rules  or  oaths  as  may  be  deemed  necessary,  as 
a  test  of  electoral  qualification. 

Sec.  7.  The  Legislature  shall  provide  by 
law  for  the  payment  of  an  annual  poll  tax  of 
not  less  than  two  nor  exceeding  four  dollars 
from  each  male  person  resident  in  the  State, 
between  the  ages  of  twenty-one  and  sixty  years, 
(uncivilized  American  Indians  excepted.)  one 
half  to  be  applied  for  State,  and  one  half  for 
county  purposes  ;  and  the  Legislature  may,  in 
its  discretion,  make  such  payment  a  condition 
to  the  right  of  voting. 

Sec.  8.  All  persons  qualified  by  law  to  vote 
for  representatives  to  the  General  Assembly  of 
the  Territory  of  Nevada  on  the  twenty-first  day 
of  March,  A.  D.  eighteen  hundred  and  sixty- 
four,  and  all  other  persons  who  may  be  lawful 
voters  in  said  Territory  on  the  first  Wednesday 
of  September  next  following,  shall  be  entitled 
to  vote  directly  upon  the  question  of  adopting 
or  rejecting  this  Constitution. 

ARTICLE  III. 

ptstribution  of  powers. 
Section  1.  The  powers  of  the  Government 
of  the  State  of  Nevada  shall  be  divided  into 
■  three  separate  departments— the  Legislative, 
the  Executive,  and  the  Judicial ;  and  no  per- 
son charged  with  the  exercise  of  powers  prop- 
erly belonging  to  one  of  these  departments 
shall  exercise  any  functions  appertaining  to 
.either  of  the  others,  except  in  the  cases  herein 
expressly  directed  or  permitted. 

ARTICLE  IV. 

LEGISLATIVE    DEPARTMENT. 

Section  1.  The  Legislative  authority  of  this 
State  shall  be  vested  in  a  Senate  and  Assembly, 
which  shall  be  designated  "  The  Legislature  of 
the  State  of  Nevada,"  and  the  sessions  of  such 
Legislature  shall  be  held  at  the  seat  of  govern- 
ment of  the  State. 

Sec  2.  The  sessions  of  the  Legislature  shall 
be  )>ieniiial,  and  shall  commence  on  the  first 
Monday  of  January  next  ensuing  the  election  of 
members  of  the  Assembly,  unless  the  Governor 
of  the  State  shall,  in  the  interim,  convene  the 
Legislature  by  proclamation. 

Sec.  3.  The  members  of  the  Ass('mV)ly  shall 
be  chosen  bioinially.  by  the  (|uulilii'd  electors 


of  their  respective  districts,  on  the  Tuesday 
next  after  the  first  Monday  in  November,  and 
their  term  of  oflice  shall  be  two  years  from  the 
day  next  after  their  election. 

Sec.  4.  Senatoi-s  shall  be  chosen  at  the  same 
time  and  places  as  members  of  the  Aasembly, 
by  the  qualified  electors  of  their  respective  dis- 
tricts, and  their  term  of  oflice  shall  be  four 
years  fi'om  the  day  next  after  their  election. 

Sec.  5.  Senators  and  members  of  the  Assem- 
bly shall  be  duly  qualified  electors  in  the  re- 
spective counties  and  districts  which  they  rep- 
resent, and  the  number  of  Senators  shall  not 
be  less  than  one-third  nor  more  than  one-half 
of  that  of  the  members  of  the  Assembly. 

Sec.  6.  Each  House  shall  judge  of  the  qual- 
ifications, elections  and  returns  of  its  own  mem- 
bers, choose  its  own  ofiicers,  (except  the  Presi- 
dent of  the  Senate,)  determine  the  rules  of  its 
proceedings,  and  may  punish  its  membere  for 
disorderly  conduct,  and,  with  the  concurrence 
of  two-thirds  of  all  the  members  elected,  expel 
a  member. 

Sec.  7.  Either  House,  during  the  session, 
may  punish,  by  imprisonment,  any  person  not 
a  member  who  shall  have  been  guilty  of  disre- 
spect to  the  Ho\ise  by  disorderly  or  contempt- 
uous behavior  in  its  presence  ,•  but  such  im- 
prisonment shall  not  extend  beyond  the  ftnal 
adjournment  of  the  session. 

Sec.  8.  No  Senator  or  member  of  Assembly 
shall,  during  the  term  for  which  be  shall  have 
been  elected,  nor  for  one  year  thereafter,  be 
appointed  to  any  civil  office  of  profit  under 
this  State  which  shall  have  been  created,  or  the 
emoluments  of  which  shall  have  been  increased 
during  such  term,  except  such  office  as  may  be 
filled  by  elections  by  the  people. 

Sec.  9.  No  person  holding  any  lucrative 
office  under  the  Government  of  the  United 
States,  or  any  other  power,  shall  be  eligible  to 
any  civil  office  of  profit  under  this  State  ;  pro- 
vided, that  Postmasters  whose  compensation 
does  not  exceed  five  hundred  dollars  per  an- 
num, or  Commissioners  of  Deeds,  shall  not  be 
deemed  as  holding  a  lucrative  office. 

Se(\  10.  Any  person  who  shall  be  convicted 
of  the  embezzlement  or  defalcation  of  the  pub- 
lic funds  of  this  State,  or  who  may  be  convicted 
of  having  given  or  off"ered  a  bribe  to  procure 
his  election  or  appointment  to  office,  or  received 
a  l)ri))e  to  aid  in  the  procurement  of  office  for 


CONSTITUTION. 


837 


Legislative  Department. 


any  other  person,  shall  be  disqualified  from 
holding  any  office  of  profit  or  trust  in  this 
State  ;  and  the  Legislature  shall,  as  soon  as 
practicable,  provide  by  law  for  the  punishment 
of  such  defalcation,  bribery,  or  embezzlement, 
as  a  felony. 

Sec.  11.  Members  of  the  Legislature  shall 
be  privileged  from  arrest  on  civil  process  dur- 
ing the  session  of  the  Legislature,  and  for  fif- 
teen days  next  before  the  commencement  of 
each  session. 

Sec.  12.  When  vacancies  occur  in  either 
House,  the  Governor  shall  issue  writs  of  elec- 
tion to  fill  such  vacancy. 

Sec.  13.  A  majority  of  all  the  members 
elected  to  each  House  shall  constitute  a  quo- 
rum to  transact  business,  but  a  smaller  number 
may  adjourn  from  day  to  day,  and  may  compel 
the  attendance  of  absent  members  in  such 
manner  and  under  such  penalties  as  each 
House  may  prescribe. 

Sec.  14.  Each  House  shall  keep  a  journal  of 
its  own  proceedings,  which  shall  be  published, 
and  the  yeas  and  nays  of  the  members  of  either 
House  on  any  question  shall,  at  the  desire  of 
any  three  members  present,  be  entered  on  the 
journal. 

Sec.  15.  The  doors  of  each  House  shall  be 
kept  open  during  its  session,  except  the  Senate 
while  sitting  in  Executive  Session  ;  and  neither 
shall,  without  the  consent  of  the  other,  adjourn 
for  more  than  three  days,  nor  to  any  other 
place  than  that  in  which  they  may  be  holding 
their  sessions. 

Sec.  16.  Any  bill  may  originate  in  either 
House  of  the  Legislature,  and  all  bills  passed 
by  one  may  be  amended  in  the  other. 

Sec.  17.  Each  law  enacted  by  the  Legisla- 
ture shall  embrace  but  one  subject  and  matter 
properly  connected  therewith,  which  subject 
shall  be  briefly  expressed  in  the  title  ;  and  no 
law  shall  be  revised  or  amended  by  reference 
to  its  title  only ;  but,  in  such  case,  the  act  as 
revised,  or  section  as  amended,  shall  be  re-en- 
acted and  published  at  length. 

Sec.  18.  Every  bill  shall  be  read  by  sections 
on  three  several  days  in  each  House,  unless  in 
case  of  emergency  two-thirds  of  the  House 
where  such  bill  may  be  pending  shall  deem  it 
expedient  to  dispense  with  this  rule  ;  but  the 
reading  of  a  bill  by  sections,  on  its  final  pas- 
sage, shall  in  no  case  be  dispensed  with,  and 


the  vote  on  the  final  passage  of  eveiy  bill  or 
joint  resolution  shall  be  taken  by  yea.s  and 
nays,  to  be  entered  on  the  joiirnals  of  each 
House  ;  and  a  majority  of  all  the  members 
elected  to  each  House  shall  be  necessary  to 
pass  every  bill  or  joint  resolution,  and  all  bills 
or  joint  resolutions  so  passed  shall  J)e  signed 
by  the  presiding  officers  of  the  respective 
Houses,  and  by  the  Secretaiy  of  the  Senate  and 
Clerk  of  the  Assembly. 

Sec.  19.  No  money  shall  be  drawn  from  the 
Treasury  but  in  consequence  of  ai>i)ro))riations 
made  by  law.  An  accurate  statement  of  th<; 
receipts  and  expenditures  of  the  jjulilic  money 
shall  be  attached  to  and  published  with  thi- 
laws  at  every  regular  .session  of  the  Legisla- 
ture. 

Sec.  20.  The  Legislature  shitll  not  pass  local 
or  special  laws  in  any  of  the  following  enume- 
rated cases,  that  is  to  say  : 

Regulating  the  jurisdiction  and  duties  of 
Justices  of  the  Peace  and  of  Constables  : 

For  the  punishment  of  crimes  and  misde- 
meanors : 

Regulating  the  practice  of  Courts  of  Justice  : 

Providing  for  changing  the  venue  in  civil 
and  criminal  cases  : 

Granting  divorces  : 

Changing  the  names  of  persons  : 

Vacating  roads,  town  plots,  streets,  alleys, 
and  public  squares  : 

Summoning  and  empanneling  grand  and 
petit  juries  and  providing  for  their  compensa- 
tion : 

Regulating  county  and  townsliip  business  : 

Regulating  the  election  of  county  and  town- 
ship officers  : 

For  the  assessment  and  collection  of  taxes 
for  State,  county,  and  township  purposes  : 

Providing  for  opening  and  conducting  elec- 
tions of  State,  county,  or  township  officers,  and 
designating  the  places  of  voting  : 

Providing  for  the  sale  of  real  estate  belong- 
ing to  minors  or  other  persons  laboring  under 
legal  disabilities. 

Sec.  21.  In  all  cases  enumerated  in  the  pn-- 
ceding  section,  and  in  all  other  cnses  wiiere  :i 
general  law  can  be  made  apiilienlde.  all  law^ 
shall  be  general  and  of  uniform  operatioi^ 
throughout  the  State. 

Sec.  22.  Provision  may  be  made  by  general 
law  for  bringing  suit  against  the  State  as  t(i  all 


838 


CONSTITUTION, 


Legislati\'E  Department. 


liabilities  originating  after  the  adoption  of  this 
Constitution. 

.  Sec.  23.  The  enacting  clause  of  every  law 
shall  be  as  follows  :  '•  The  People  of  the  State 
of  Nevada,  represented  in  Senate  and  Assem- 
bly, do  enact  as  follows ;"  and  no  law  shall  be 
enacted  except  by  bill. 

Sec.  24.  No  lottery  shall  bo  authorized  by 
this  State,  nor  shall  the  sale  of  lottery  tickets 
be  allowed. 

Sec.  25.  The  Legislature  shall  establish  a 
system  of  county  and  township  government, 
which  shall  be  uniform  throughout  the  State. 

Se(x  26.  The  Legislature  shall  provide  by 
law  for  the  election  of  a  Board  of  County  Com- 
missioners in  each  county,  and  such  County 
Commissioners  shall,  jointly  and  individually, 
perform  such  duties  as  may  be  prescribed  by 
law. 

Sec.  27.  Laws  shall  be  made  to  exclude 
from  serving  on  juries,  all  persons  not  qualified 
electors  of  this  State,  and  all  persons  who  shall 
have  been  convicted  of  bribery,  perjury,  for- 
gery, larceny,  or  other  high  crimes,  unless  re- 
stored to  civil  rights  ;  and  laws  shall  be  passed 
regulating  elections,  and  i)rohibiting.  under 
adc(piate  penalties,  all  undue  influence  thereon 
from  power,  bribery,  tumult,  or  other  improper 
practice. 

Sec.  28.  No  money  shall  be  drawn  from  the 
Stat«  Treasury  as  salary  or  compensation  to 
iny  officer  or-  employe  of  the  Legislature,  or 
either  branch  thereof,  except  in  cases  where 
such  salary  or  compensation  has  been  fixed 
by  a  law  in  force  prior  to  the  election  or  ap- 
pointment of  such  officer  or  employe',  and  the 
salary  or  compensation  so  fixed  shall  neither 
be  increased  nor  diminished  so  as  to  apply  to 
any  officer  or  employe'  of  the  Legislature,  or 
either  branch  thereof,  at  !;uch  session  ;  provided, 
that  this  restriction  shall  not  apply  to  the  first 
se.ssion  of  the  Legislature. 

Sec.  29.  The  first  regular  session  of  the 
Legislature,  under  this  Constitution,  may  ex- 
tend to  ninety  days,  but  no  subsequent  regular 
•,  session  shall  exceed  sixt}'  days,  nor  any  .special 
session,  convened  by  the  Governor,  exceed 
twenty  days. 

Sec.  30.  A  homestead,  as  provided  by  law, 
iliall  Ije  exempt  from  forced  sale  under  any 
process  of  law,  and  shall  not  be  alienated  with- 
out the   jijlnl   consent  of   husljand   and  wife, 


when  that  relation  exists  ;  but  no  property 
shall  be  exempt  from  sale  for  taxes,  or  for  the 
payment  of  obligations  contracted  for  the  pur- 
chase of  said  premises,  or  for  the  erection  of 
improvements  thereon  ;  provided,  the  provisions 
of  this  section  shall  not  apply  to  any  process 
of  law  obtained  by  virtue  of  a  lien  given  by 
the  consent  of  both  husband  and  wife ;  and 
laws  shall  be  enacted  providing  for  the  record- 
ing of  such  homestead  within  the  county  in 
which  the  same  shall  be  situated. 

Sec.  3L  All  property,  both  real  and  per- 
sonal, of  the  wife,  owned  or  claimed  by  her 
before  marriage,  and  that  acquired  afterward 
by  gift,  devise,  or  descent,  shall  be  her  separate 
property  ;  and  laws  shall  be  passed  more  clear- 
ly defining  the  rights  of  the  wife  in  relation,  as 
well  to  her  separate  property  as  to  that  held  in 
common  with  her  husband.  Laws  shall  also 
be  passed  providing  for  the  registration  of  the 
wife's  separate  property. 

Sec.  32.  The  Legislature  shall  provide  for 
the  election,  by  the  people,  of  a  Clerk  of  the 
Supreme  Court,  County  Clerks,  County  Record- 
ers— who  shall  be,  ex  officio.  County  Auditors — 
District  Attorneys,  Sheriffs,  County  Surveyors, 
Public  Administrators,  and  other  necessary  offi- 
cers, and  fix,  by  law,  their  duties  and  compen- 
sation. County  Clerks  shall  be,  ex  officio,  Clerks 
of  the  Courts  of  Record,  and  of  the  Boards  of 
County  Commissioners,  in  and  for  their  respec- 
tive counties. 

Sec.  33.  The  members  of  the  Legislature 
shall  receive  for  their  services,  a  compensation 
to  be  fixed  by  law.  and  paid  out  of  the  public 
treasury  ;  but  no  increase  of  such  compensa- 
tion shall  take  effect  during  the  term  for  which 
the  members  of  either  House  shall  have  been 
elected  ;  provided,  that  an  appropriation  may 
be  made  for  the  payment  of  such  actual  ex- 
penses as  members  of  the  Legislature  may 
incur  for  postage,  express  charges,  new.spapers, 
and  stationery,  not  exceeding  the  sum  of  sixty 
dollars  for  any  general  or  special  session,  to 
each  member  ;  and,  furthermore  provided,  that 
the  Speaker  of  the  Assembly,  and  Lieutenant- 
Governor  as  President  of  the  Senate,  shall  each, 
(luring  th(!  time  of  their  actual  attendance  as 
such  presiding  officers,  receive  an  additional 
allowance  of  two  dollars  per  diem. 

Skc.  34.  In  all  elections  for  United  States 
Senators,  such  elections  shall  be  held  in  joint 


CONSTITUTION. 


839 


ExECCTivE  Department. 


convention  of  both  Houses  of  the  Legislature. 
It  shall  be  the  duty  of  the  Legislature  which 
convenes  next  preceding  the  expiration  of  the 
term  of  such  Senator  to  elect  his  successor.  If 
a  vacancy  in  such  Senatorial  representation, 
from  any  cause  occur,  it  shall  be  the  duty  of 
the  Legislature  then  in  session,  or  at  the  suc- 
ceeding session  thereof,  to  supply  such  vacancy. 
If  the  Legislature  shall,  at  any  time  as  herein 
provided,  fail  to  unite  in  a  joint  convention 
within  twenty  days  after  the  commencement  of 
the  session  of  the  Legislature,  for  the  election 
of  such  Senator,  it  shall  be  the  duty  of  the 
Governor,  by  proclamation,  to  convene  the 
two  Houses  of  the  Legislature  in  joint  conven- 
tion within  not  less  than  five  days,  nor  exceed- 
ing ten  days,  from  the  publication  of  his  proc- 
lamation ;  and  the  joint  convention,  when  so 
assembled,  shall  proceed  to  elect  the  Senator 
as  herein  provided. 

Sec.  35.  Every  bill  which  may  have  passed 
the  Legislature  shall,  before  it  becomes  a  law, 
be  presented  to  the  Governor.  If  he  approve 
it.  he  shall  sign  it  ;  but  if  not,  he  shall  return 
it,  with  his  objections,  to  the  House  in  which  it 
originated,  which  House  shall  cause  such  ob- 
jections to  be  entered  upon  its  journal,  and 
proceed  to  reconsider  it.  If,  after  such  recon- 
sideration, it  again  pass  both  Houses  by  yeas 
and  nays,  by  a  vote  of  two-thirds  of  the  mem- 
bers elected  to  each  House,  it  shall  become  a 
law,  notwithstanding  the  Governor's  objections. 
If  any  bill  shall  not  be  returned  within  five 
days  after  it  shall  have  been  presented  to  him, 
(Sunday  excepted.)  exclusive  of  the  day  on 
which  he  received  it,  the  same  shall  be  a  law 
in  like  manner  as  if  he  had  signed  it,  unless  the 
Legislature,  by  its  final  adjournment,  prevent 
such  return ;  in  which  case  it  shall  be  a  law, 
unless  the  Governor,  within  ten  days  next  after 
the  adjournment,  (Sundays  excepted,)  shall  file 
such  bill,  with  his  objections  thereto,  in  tJie 
office  of  the  Secretary  of  State,  who  shall  lay 
the  same  before  the  Legislature  at  its  next  ses- 
sion, in  lilie  manner  as  if  it  had  been  returned 
by  the  Governor  ;  and  if  the  same  shall  receive 
the  vote  of  two  thirds  of  the  members  elected 
to  each  branch  of  the  Legislature,  upon  a  vote 
taken  by  yeas'  and  nays,  lo  be  entered  upon  the 
journals  of  each  House,  it  shall  become  a 
law. 


ARTICLE  V. 

EXiXXTlVK    nKrAKTME.NT. 

Section  1.  The  supreme  executive  power 
of  this  State  shall  be  vested  in  a  Chief  Magis- 
trate, who  shall  be  Governor  of  the  State  of 
Nevada. 

Sec.  2.  The  Governor  shall  be  elected  by 
the  qualified  electors  at  the  time  and  places  of 
voting  for  members  of  the  Legislature,  and 
shall  hold  his  office  for  four  years  from  the 
time  of  his  installation,  and  until  his  successor 
shall  be  qualified. 

Sec.  3.  No  person  shall  be  eligible  to  the 
office  of  Governor  who  is  not  a  qualified  elec- 
tor, and  who,  at  the  time  of  such  election,  has 
not  attained  the  age  of  twenty-five  years,  and 
who,  except  at  the  first  election  under  the  Con- 
stitution, shall  not  have  been  a  citizen  resident 
of  this  State  for  two  years  next  preceding  the 
election. 

Sec.  4.  The  returns  of  every  election  for 
Governor,  and  other  State  officers  voted  for  at 
the  general  election,  shall  be  sealed  up.  and 
transmitted  to  the  seat  of  government,  directed 
to  the  Secretary  of  State  ;  and  on  the  lliird 
Monday  of  December  succeeding  such  elec- 
tion, the  Chief  Justice  of  the  Supreme  Court,  and 
the  Associate  Justices,  or  a  majority  thereof, 
shall  meet  at  the  office  of  the  Secretary  of  State, 
and  open  and  canvass  the  election  returns  for 
Governor  and  all  other  State  officers,  and  forth- 
with declare  the  result  and  publish  the  names 
of  the  persons  elected.  The  persons  having  the 
highest  number  of  votes  for  the  resi)ective 
offices  shall  be  declared  elected  ;  but  in  case 
any  two  or  more  have  an  equal  and  the  highest 
number  of  votes  for  the  same  office,  the  Legi.';- 
lature  shall,  by  joint  vote  of  both  hou.scs.  elect 
one  of  said  persons  to  fill  said  office. 

Sec.  5.  The  Governor  shall  be  Commander- 
in-Chief  of  the  military  forces  of  this  State,  ex- 
cept when  they  shall  be  called  info  the  service 
of  the  United  States. 

Sec.  G.  He  shall  transact  all  executive  busi- 
ness with  the  officers  of  the  goverumeut,  civil 
and  military,  and  may  require  information  in 
writing  from  the  officers  of  the  executive  de- 
partment, upon  any  subject  relating  to  tht> 
duties  of  their  respective  offices. 

Sec.  7  He  shall  see  that  the  laws  are  faith- 
fully executed. 


840 


CONSTITUTION. 


Executive  Department. 


Sec.  8.  When  any  office  shall,  from  any 
cause,  become  vacant,  and  no  mode  is  provided 
by  the  Constitution  and  laws  for  filling  such 
vacancy,  the  Governor  shall  have  the  power  to 
till  such  vacancy  by  granting  a  commission, 
which  .shall  expire  at  the  next  election  and 
qualificatiou  of  the  person  elected  to  such 
office. 

Sec.  9.  The  Governor  may,  on  extraordi- 
nary occasions,  convene  the  Legislature,  by 
proclamation,  and  shall  state  to  both  houses, 
when  organized,  the  purpose  for  which  they 
have  been  convened  ;  and  the  Legislature  shall 
transact  no  legislative  business  except  that  for 
which  they  were  specially  convened,  or  such 
other  legislative  business  as  the  Governor  may 
call  to  the  attention  of  the  Legislature  while  in 
session. 

Sec.  10.  He  shall  communicate,  by  message, 
to  the  Legislature,  at  every  regular  session,  the 
condition  of  the  State,  and  recommend  such 
measures  as  he  may  deem  expedient. 

Sec.  11.  In  case  of  a  disagreement  between 
the  two  houses,  with  respect  to  the  time  of  ad- 
journment, the  Governor  shall  have  power  to 
adjourn  the  Legislature  to  such  time  as  he  may 
think  proper  ;  provided,  it  be  not  beyond  the 
time  fixed  for  the  meeting  of  the  next  Legis- 
lature. 

Sec.  12.  No  person  shall,  while  holding  any 
office  under  the  United  States  Government, 
hold  the  office  of  Governor,  except  as  herein 
expressly  provided. 

Sec.  13.  The  Governor  shall  have  the  power 
to  suspend  the  collection  of  fines  and  forfeit- 
ures, and  grant  reprieves  for  a  period  not  ex- 
ceeding sixty  days,  dating  from  the  time  of 
conviction,  for  all  offenses,  except  in  cases  of 
impeachment.  Upon  conviction  for  treason, 
he  shall  have  power  to  suspend  the  execution 
of  the  sentence  until  the  case  shall  be  reported 
to  the  Legislature  at  its  next  meeting,  when  the 
Legislature  shall  either  pardon,  direct  the  ex- 
ecution of  the  sentence,  or  grant  a  further  re- 
prieve. And  if  the  Legislature  shall  fail  or 
refuse  to  make  final  disposition  of  such  case, 
the  sentence  shall  be  enforced  at  such  time  and 
place  as  the  Governor,  by  his  order,  may  direct. 
The  Governor  shall  communicate  to  the  Legis- 
lature, at  the  beginning  of  every  session,  every 
case  of  fine  or  forfeiture  remitted,  or  reprieve, 
pardon,  or  comnuitation   granted,  stating  the 


name  of  the  convict,  the  crime  of  which  he 
was  convicted,  the  sentence,  its  date,  and  the 
date  of  the  remission,  commutation,  pardon,  or 
reprieve. 

Sec.  14.  The  Governor,  Justices  of  the  Su- 
preme Court,  and  Attorney-General,  or  a  major 
part  of  them,  of  whom  the  Governor  shall  be 
one,  may,  upon  such  conditions  and  with  such 
limitations  and  restrictions  as  they  may  think 
proper,  remit  fines  and  forfeitures,  commute 
punishments,  and  grant  pardons,  after  convic- 
tions, in  all  cases,  except  treason  and  impeach- 
ments, subject  to  such  regulations  as  may  be 
provided  by  law  relative  to  the  manner  of  ap- 
plying for  pardons. 

Sec.  15.  There  shall  be  a  seal  of  this  State, 
which  shall  be  kept  by  the  Governor,  and  used 
by  him  officially,  and  shall  be  called  '•  The 
Great  Seal  of  the  State  of  Nevada." 

Sec.  16.  All  grants  and  commissions  shall 
be  in  the  name  and  by  the  authority  of  the 
State  of  Nevada,  sealed  with  the  Great  Seal  of 
the  State,  signed  by  the  Governor,  and  coun- 
tersigned by  the  Secretary  of  State. 

Sec.  17.  A  Lieutenant-Governor  shall  be 
elected  at  the  same  time  and  places,  and  in  the 
same  manner  as  the  Governor,  and  his  term  of 
office,  and  his  eligibility  shall  also  be  the  same. 
He  shall  be  President  of  the  Senate,  but  shall 
only  have  a  casting  vote  therein.  If,  during  a 
vacancy  of  the  office  of  Governor,  the  Lieuten- 
ant-Governor shall  be  impeached,  displaced, 
resign,  die,  or  become  incapable  of  performing 
the  duties  of  the  office,  or  be  absent  from  the 
State,  the  President  pro  tempore  of  the  Senate 
shall  act  as  Governor,  until  the  vacancy  be 
filled  or  the  disability  cease. 

Sec.  18.  In  case  of  the  impeachment  of  the 
Governor,  or  his  removal  from  office,  death, 
inability  to  discharge  the  duties  of  the  said 
office,  resignation,  or  absence  from  the  State, 
the  powers  and  duties  of  the  office  shall  devolve 
upon  the  Lieutenant-Governor  for  the  residue 
of  the  term,  or  until  the  disability  shall  cease. 
But  when  the  Governor  shall,  with  the  consent 
of  the  Legislature,  be  out  of  the  State  in  time 
of  war,  and  at  the  head  of  any  military  force 
thereof,  he  shall  continue  Cuinmander-in-Chief 
of  the  military  forces  of  the  State. 

Sec.  19.  A  Secretary  of  State,  a  Treasurer, 
a  Controller,  a  Surveyor-General,  and  an  Attor- 
ney-General, shall  be  elected  at  the  same  time 


CONSTITUTION. 


841 


Judicial  Department. 


and  places,  and  in  the  same  manner  as  the 
Governor.  The  term  of  oflQce  of  each  shall  be 
the  same  as  is  prescribed  for  the  Governor. 
Any  elector  shall  be  eligible  to  either  of  said 
offices. 

Sec.  20.  The  Secretary  of  State  shall  keep 
a  true  record  of  the  official  acts  of  the  Legisla- 
tive and  Executive  Departments  of  the  Gov- 
ernment, and  shall,  when  required,  lay  the 
same,  and  all  matters  relative  thereto,  before 
either  branch  of  the  Legislature. 

Sec.  2L  The  Governor,  Secretary  of  State, 
and  Attorney-General  shall  constitute  a  Board 
of  State  Prison  Commissioners,  which  Board 
shall  have  such  supervision  of  all  matters  con- 
nected with  the  State  Prison  as  may  be  pro- 
vided by  law.  They  shall  also  constitute  a 
Board  of  Examiners,  with  power  to  examine 
all  claims  against  the  State,  (except  salaries  or 
compensation  of  officers  fixed  by  law,)  and 
perform  such  other  duties  as  may  be  prescribed 
by  law.  And  no  claim  against  the  State  (ex- 
cept salaries  or  compensation  of  officers  fixed 
by  law)  shall  be  passed  upon  by  the  Legisla- 
ture, without  having  been  considered  and  acted 
upon  by  said  "  Board  of  Examiners." 

Sec.  22.  The  Secretary  of  Stato,  State  Treas- 
urer, State  Controller,  Surveyor-General,  Attor- 
ney-General, and  Superintendent  of  Public 
Instruction,  shall  perform  such  other  duties  as 
may  be  prescribed  by  law. 

ARTICLE  VI. 

JTDICIAL    DEPARTMENT. 

Section  1.  The  Judicial  power  of  this  State 
shall  be  vested  in  a  Supreme  Court,  District 
Courts,  and  in  Justices  of  the  Peace.  The 
Legislature  may  also  establish  Courts  for  muni- 
cipal purposes  only,  in  incorporated  cities  and 
towns. 

Sec.  2.  The  Supreme  Court  shall  consist  of 
a  Chief  Justice  and  two  Associate  Justices,  a 
majority  of  whom  shall  constitute  a  quorum  ; 
provided,  that  the  Legislature,  by  a  majority  of 
all  the  members  elected  to  each  branch  thereof, 
may  provide  for  the  election  of  two  additional 
Associate  Justices,  and  if  so  increased,  three 
shall  constitute  a  quorum.  The  concurrence  of 
a  majority  of  the  whole  Court  shall  be  neces- 
sary to  render  a  decision. 

Sec.  3.  The  Justices  of  the  Supreme  Court 
shall  be  elected  by  the  qualified  electors  of  the 


State  at  the  general  election,  and  shall  hold 
office  for  the  term  of  six  years  from  and  includ- 
ing the  first  Monday  of  January  next  succeed- 
ing their  election  ;  provided,  that  there  shall  be 
elected,  at  the  first  election  under  tliis  Consti- 
tution, three  Justices  of  the  Supreme  Court, 
who  shall  hold  office  fi-om  and  including  the 
first  Monday  of  December,  A.  D.  eighteen  hun- 
dred and  sixty-four,  and  conthuie  in  office 
thereafter  two,  four,  and  six  years,  respectively 
from  and  including  the  first  Monday  of  January 
next  succeeding  their  election.  They  shall 
meet  as  soon  as  practicable  after  their  election 
and  qualification,  and  at  their  first  meeting  shall 
determine,  by  lot,  the  term  of  office  each  shall 
fill,  and  the  Justice  drawing  the  shortest  term 
shall  be  Chief  Justice,  and  after  the  expira- 
tion of  his  term,  the  one  having  the  next  short- 
est term  shall  be  Chief  Justice,  after  which  the 
senior  Justice  in  commission  shall  be  Chief 
Justice.  And  in  case  the  commission  of  any 
two  or  more  of  said  Justices  shall  bear  the 
same  date,  they  shall  determine  by  lot  who 
shall  be  Chief  Justice. 

Sec.  4.  The  Supreme  Court  shall  have  ap- 
pellate jurisdiction  in  all  cases  in  equity  ;  also, 
in  all  cases  at  law  in  which  is  involved  the  title 
or  right  of  possession  to,  or  the  possession  of, 
real  estate  or  mining  claims,  or  the  legality  of 
any  tax,  impost,  assessment,  toll,  or  municipal 
fine,  or  in  which  the  demand,  (exclusive  of  in- 
terest,) or  the  value  of  the  property  in  contro- 
versy exceeds  three  hundred  dollars  ;  also,  in 
all  other  civil  cases  not  included  in  the  general 
sub-division  of  law  and  equity,  and  also,  on 
questions  of  law  alone,  in  all  criminal  cases  in 
which  the  offense  charged  amounts  to  felony. 
The  Court  shall  also  have  power  to  issue  writs 
of  mandamus,  certiorari,  prohibition,  quo  war- 
ranto, and  habeas  corpus,  and,  also,  all  writs 
necessary  or  proper  to  the  complete  exercise 
of  its  appellate  jurisdiction.  Each  of  the  Jus- 
tices shall  have  power  to  issue  writ.s  of  habeas 
corpus  to  any  part  of  the  State,  upon  petition 
by,  or  on  behalf  of,  any  person  held  in  actual 
custody,  and  may  make  such  writs  returnable 
before  himself  or  the  Supreme  Court,  or  before 
any  District  Court  in  the  State,  or  before  any 
Judge  of  said  Courts. 

Sec.  5.  The  State  is  hereby  divided  into  nine 
Judicial  Districts,  of  which  the  County  of  Sto- 
rey  shall   constitute  the  first ;  the  County  of 


842 


CONSTITUTION. 


Judicial  Department. 


Ormsby  the  second  ;  the  County  of  Lyon  the 
third  ;  the  County  of  Washoe  the  fourth  ;  the 
Counties  of  Nye  and  Churchill  the  fifth  ;  the 
County  of  Humboldt  the  sixth  ;  the  County  of 
Lander  the  seventh  ;  the  County  of  Douglas 
the  eighth  ;  and  the  County  of  Esmeralda  the 
ninth.  The  County  of  Roop  shall  be  attached 
to  the  County  of  Washoe  for  judicial  purposes, 
until  otherwise  provided  by  law.  The  Legis- 
lature may,  however,  provide  by  law  for  an 
alteration  in  the  boundaries  or  divisions  of  the 
districts  herein  prescribed,  and  also  for  increas- 
ing or  diminishing  the  number  of  the  Judicial 
Districts  and  Judges  therein.  But  no  such 
change  shall  take  effect,  except  in  case  of  a 
vacancy,  or  the  expiration  of  the  term  of  an 
incumbent  of  the  office.  At  the  first  general 
election,  under  this  Constitution,  thei-e  shall  be 
elected  in  each  of  the  respective  districts,  (ex- 
cept as  in  this  section  hereafter  otherwise  pro- 
vided,) one  District  Judge,  who  shall  hold  office 
from  and  including  the  first  Monday  of  Decem- 
ber, A.  D.  eighteen  hundred  and  sixty-four,  and 
iintil  the  first  Monday  of  January,  in  the  year 
eighteen  hundred  and  sixty-seven  ;  after  the 
said  first  election,  there  shall  be  elected  at  the 
general  election  which  immediately  precedes 
the  expiration  of  the  term  of  his  predecessor, 
one  District  Judge  in  each  of  the  respective 
Judicial  Districts,  (except  in  the  first  district,  as 
in  this  section  hereinafter  provided.)  The  Dis- 
trict Judges  shall  be  elected  by  the  qualified 
electors  of  their  respective  districts,  and  shall 
hold  office  for  the  term  of  four  years,  (except- 
ing those  elected  at  said  first  election,)  from 
and  including  the  first  Monday  of  January  next 
succeeding  their  election  and  qualification  ; 
provided,  that  the  First  Judicial  District  shall 
be  entitled  to,  and  shall  have,  three  District 
Judges,  who  shall  possess  co-extensive  and 
concurrent  jurisdiction,  and  who  shall  be  elect- 
ed at  the  same  times,  in  the  same  manner,  and 
*  shall  hold  office  for  the  like  terms,  as  herein 
prescribed,  in  relation  to  the  Judges  in  other 
Judicial  Districts.  Any  one  of  said  Judges 
may  preside  on  the  empanneling  of  grand 
juries,  and  the  presentment  and  trial  on  indict- 
ments, under  such  rules  and  regulations  as  may 
be  prescribed  by  law. 

Sec.  6.  The  District  Courts  in  the  several 
Judicial  Districts  in  this  State  shall  have  origi- 
nal jurisdiction  in  all  cases  in  equity  ;  also,  in 


all  cases  at  law  which  involve  the  title  or  the 
right  of  possession  to,  or  the  possession  of,  real 
property  or  mining  claims,  or  the  legality  of 
any  tax,  impost,  assessment,  toll,  or  municiiial 
fine,  and  in  all  other  cases  in  which  the  demand 
(exclusive  of  intei'est)  or  the  value  of  the  prop- 
erty in  controversy,  exceeds  three  hundred  dol- 
lars ;  also,  in  all  cases  relating  to  the  estates  of 
deceased  persons,  and  the  persons  and  estates 
of  minors  and  insane  persons,  and  of  the  action 
of  forcible  entry  and  unlawful  detainer ;  and 
also,  in  all  criminal  cases  not  otherwise  pro- 
vided for  by  law.  They  shall,  also,  have  final 
appellate  jurisdiction  in  cases  arising  in  Jus- 
tices' Courts,  and  such  other  inferior  tribunals 
as  may  be  established  by  law.  The  District 
Courts  and  the  Judges  thereof  shall  have  power 
to  issue  writs  of  mandamus,  injunction,  quo 
waiTanto,  certiorari,  and  all  other  writs  proper 
and  necessary  to  the  complete  exercise  of 
their  jurisdiction  ;  and,  also,  shall  have  power 
to  issue  writs  of  habeas  corpus  on  petition  by 
or  on  behalf  of  any  person  held  in  actual  cus- 
tody in  their  respective  districts. 

Sec.  7.  The  times  of  holding  the  Supreme 
Court,  and  District  Courts,  shall  be  as  fixed  by 
law.  The  terms  of  the  Supreme  Court  shall 
be  held  at  the  seat  of  government,  and  the 
terms  of  the  District  Courts  shall  be  held  at  the 
county  seats  of  their  respective  counties  ;  jyro- 
vided,  that  in  case  any  county  shall  be  here- 
after divided  into  two  or  more  districts,  the 
Legislature  may,  by  law,  designate  the  places 
of  holding  Courts  in  such  districts. 

Sec.  8.  The  Legislature  shall  determine  the 
number  of  Justices  of  the  Peace  to  be  elected 
in  each  city  and  township  of  the  State,  and 
shall  fix,  by  law,  their  powers,  duties,  and  re- 
sponsibilities ;  provided,  that  such  Justices' 
Courts  shall  not  have  jurisdiction  of  the  follow- 
ing cases,  viz  :  First — Of  cases  in  which  the 
matter  inulispute  is  a  money  demand  or  per- 
sonal property,  and  the  amount  of  the  demand, 
(exclusive  of  interest,)  or  the  value  of  the 
property,  exceeds  three  hundred  dollars.  Sec- 
ond— Of  cases  wherein  the  title  to  real  estate, 
or  mining  claims,  or  questions  of  boundaries 
to  land,  is  or  may  be  involved  ;  or  of  cases 
that  in  any  manner  shall  conflict  with  the  juris- 
diction of  the  several  Courts  of  Record  in  this 
State.  And,  provided  further,  that  Justices' 
Courts  shall  have  such  criminal  jurisdiction  as 


CONSTITUTION. 


843 


Impeachment  and  Removal  from  Office. 


may  be  prescribed  by  law  ;  and  the  Legisla- 
ture may  confer  upon  said  courts  jurisdiction, 
concurrent  with  the  District  Courts,  of  actions 
to  enforce  mechanics'  liens,  wherein  the  amount 
(exclusive  of  interest)  does  not  exceed  three 
hundred  dollars ;  and,  also,  of  actions  for  the 
possession  of  lands  and  tenements,  where  the 
relation  of  landlord  and  tenant  exists,  or  when 
such  possession  has  been  unlawfully  or  fraud- 
ulently obtained  or  withheld.  The  Legislature 
shall  also  prescribe,  by  law,  the  manner,  and 
determine  the  cases  in  which  appeals  may  be 
taken  from  Justices'  and  other  Courts.  The 
Supreme  Court,  the  District  Courts,  and  such 
other  courts  as  the  Legislature  shall  designate, 
shall  be  Courts  of  Record. 

Sec  9.  Provision  shall  be  made,  by  law, 
prescribing  the  powers,  duties,  and  responsibil- 
ities of  any  Municipal  Court  that  may  be  estab- 
lished in  pursuance  of  Section  1  of  this  Arti- 
cle ;  and  also  fixing,  by  law,  the  jurisdiction  of 
said  court,  so  as  not  to  conflict  with  that  of  the 
several  Courts  of  Record. 

Sec.  10.  No  judicial  officer,  except  Justices 
of  the  Peace  and  City  Recorders,  shall  receive, 
to  his  own  use,  any  fees  or  perquisites  of  office. 

Sec.  11.  The  Justices  of  the  Supreme  Court 
and  the  District  Judges  shall  be  ineligible  to 
any  office,  other  than  a  judicial  office,  during 
the  term  for  which  they  shall  have  been  elect- 
ed ;  and  all  elections  or  appointments  of  any 
such  Judges,  by  the  people.  Legislature,  or 
otherwise,  during  said  period,  to  any  office 
other  than  judicial,  shall  be  void. 

Sec.  12.  Judges  shall  not  charge  juries  in 
respect  to  matters  of  fact,  but  may  state  the  tes- 
timony and  declare  the  law. 

Sec.  13.  The  style  of  all  process  shall  be 
"  The  State  of  Nevada,"  and  all  prosecutions 
shall  be  conducted  in  the  name  and  by  the  au- 
thority of  the  same. 

Sec.  14.  There  shall  be  but  one  form  of 
civil  action,  and  law  and  equity  may  be  ad- 
ministered in  the  same  action. 

Sec.  15.  The  ^Justices  of  the  Supreme  Court 
and  District  Judges  shall  each  receive,  quar- 
terly, for  their  services,  a  compensation  to  be 
fixed  by  law,  and  which  shall  not  be  increased 
or  diminished  during  the  term  for  which  they 
shall  have  been  elected,  unless  in  case  a  vacan- 
cy occurs,  in  which  case  the  successor  of  the 
former  incumbent  shall  receive  only  such  sal- 


ary as  may  be  provided  by  law  at  the  time  of 
his  election  or  appointment ;  and  provision 
shall  be  made  by  law  for  setting  apart  from 
each  year's  revenue  a  sufficient  amount  of 
money  to  pay  such  compensation;  provided, 
that  District  Judges  shall  be  paid  out  of  the 
County  Treasuries  of  the  counties  composing 
their  respective  districts. 

Sec.  16.  The  Legislature,  at  its  first  session, 
and  from  time  to  time  thereafter,  shall  provide, 
by  law,  that  upon  the  institution  of  each  civil 
action,  and  other  proceedings,  and  also  upon 
the  perfecting  of  an  appeal  in  any  civil  action 
or  proceeding  in  the  several  Courts  of  Record 
in  this  State,  a  special  court-fee  or  tax  shall  be 
advanced  to  the  clerks  of  said  courts,  respec- 
tively, by  the  party  or  parties  bringing  such 
action  or  proceeding,  or  taking  such  appeal ; 
and  the  money  so  paid  in  shall  be  accounted 
for  by  such  clerks,  and  applied  towards  the 
payment  of  the  compensation  of  the  Judges  of 
said  courts,  as  shall  be  directed  by  law. 

Sec.  17.  The  Legislature  shall  have  no 
power  to  grant  leave  of  absence  to  a  judicial 
officer,  and  any  such  officer  who  shall  absent 
himself  from  the  State  for  more  than  ninety 
consecutive  days,  shall  be  deemed  to  have  va- 
cated his  office. 

Sec.  18.  No  judicial  officer  shall  be  super- 
seded, nor  shall  the  organization  of  the  several 
courts  of  the  Territory  of  Nevada  be  changed, 
until  the  election  and  qualification  of  the  sev- 
eral officers  provided  for  in  this  article. 

ARTICLE  Vn. 

IMPEACHMENT    AND    REMOVAL    FROM    OFFICE. 

Section  1.  The  Assembly  shall  have  the 
sole  power  of  impeaching.  The  concurrence 
of  a  majority  of  all  the  members  elected  shall 
be  necessary  to  an  impeachment.  All  impeach- 
ments shall  be  tried  by  the  Senate,  and  when 
sitting  for  that  purpose,  the  Senators  shall  be 
upon  oath  or  affirmation  to  do  justice,  accord- 
ing to  law  and  evidence.  The  Chief  Justice  of 
the  Supreme  Court  shall  preside  over  the  Sen- 
ate while  sitting  to  try  the  Governor  or  Lieu- 
tenant-Governor, upon  impeachment.  No  per- 
son shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  Senators  elected. 

Sec.  2.  The  Governor  and  other  State  and 
Judicial  officers,  except  Justices  of  the  Peace, 
shall  be  liable  to  impeachment  for  misdemeanor 


844 


CONSTITUTION. 


Municipal  and  other  Corporatioxs— Finance  and  State  Debt. 


or  malfeasance  in  ofltice  ;  but  judgment  in  such 
case  shall  not  extend  further  than  removal 
from  office,  and  disqualification  to  hold  anj' 
office  of  honor,  profit,  or  trust,  under  this  State. 
The  party,  whether  convicted  or  acquitted, 
shall  nevertheless  be  liable  to  indictment,  trial, 
judgment,  and  punishment,  according  to  law. 

Sec".  3.  For  any  reasonable  cause,  to  be  en- 
tered on  the  journals  of  each  House,  which 
may  or  may  not  be  sufficient  grounds  for  im- 
peachment, the  Chief  Justice  and  Associate 
Justices  of  the  Supreme  Court,  and  Judges  of 
the  District  Courts,  shall  be  removed  from  office 
on  the  vote  of  two-thirds  of  the  membei-s  elect- 
ed to  each  branch  of  the  Legislature,  and  the 
Justice  or  Judge  complained  of  shall  be  served 
with  a  copy  of  the  complaint  against  him,  and 
shall  have  an  opportunity  of  being  heard  in 
person  or  by  counsel,  in  his  defense  ;  provided, 
that  no  member  of  either  branch  of  the  Legis- 
lature shall  be  eligible  to  fill  the  vacancy  occa- 
sioned by  such  removal. 

Sec.  4.  Provision  shall  be  made  by  law  for 
the  removal  from  office  of  any  civil  officer, 
other  than  those  in  this  article  previously  speci- 
fied, for  malfeasance  or  nonfeasance  in  the  per- 
formance of  his  duties. 

ARTICLE  Vin. 

MUNICIPAL  AND   OTHER   UOKPOKATIONS. 

Section  1.  The  Legislature  shall  pass  no 
special  Act  in  any  manner  relating  to  corporate 
powers,  except  for  municipal  purposes ;  but 
corporations  may  be  formed  under  general 
laws  ;  and  all  such  laws  may,  from  time  to 
time,  be  altered  or  repealed. 

Sec.  2.  All  real  property,  and  possessory 
rights  to  the  same,  as  well  as  personal  property 
in  this  St<ite,  bolonging  to  corjjorations  now 
existing,  or  hereafter  created,  shall  be  subject 
to  taxation  the  same  as  i)roperty  of  individ- 
uals ;  provided,  that  the  property  of  corpora- 
tions formed  for  municipal,  charitable,  religious, 
or  educational  pur])oses,  may  be  exeuijited  by 
law. 

Skc.  :}.  Dues  from  corjiorations  shall  be  se- 
cured by  such  means  as  may  be  prescribed  by 
law  ;  provided,  that  corporators  in  corporations 
formed  under  the  laws  of  this  State  shall  not  be 
individually  liable  for  the  debts  or  liabilities  of 
such  corporation. 

Sec.  4.    Corporations   created   Ijy  or  under 


the  laws  of  the  Territory  of  Nevada,  shall  be 
subject  to  the  provisions  of  such  laws  until  the 
Legislature  shall  pass  laws  regulating  the  same, 
in  pursuance  of  the  provisions  of  this  Consti- 
tution. 

Sec.  5.  Corporations  may  sue  and  be  sued 
in  all  courts,  in  like  manner  as  individuals. 

Sec.  6.  No  bank  notes,  or  paper  of  any  kind, 
shall  ever  be  permitted  to  circulate  as  money 
in  this  State,  except  the  Federal  currency,  and 
the  notes  of  banks  authorized  under  the  laws 
of  Congress. 

Sec.  7.  No  right  of  way  shall  be  appropri- 
ated to  the  use  of  any  corporation,  until  full 
compensation  be  first  made  or  secured  therefor. 

Sec.  8.  The  Legislature  shall  provide  for 
the  organization  of  cities  and  towns  by  general 
laws,  and  restrict  their  powers  of  taxation,  as- 
sessment, borrowing  money,  contracting  debts, 
and  loaning  their  credit,  except  for  procuring 
supplies  of  water. 

Sec.  9.  The  State  shall  not  donate  or  loan 
money  or  its  credit,  subscribe  to,  or  be  inter- 
ested in  the  stock  of  any  company,  association, 
or  corporation,  except  corporations  formed  for 
educational  or  charitable  purposes. 

Sec.  10.  No  county,  city,  town,  or  other 
municipal  corporation,  shall  become  a  stock- 
holder in  any  joint  stock  company,  corporation, 
or  association  whatever,  or  loan  its  credit  in 
aid  of  any  such  company,  corporation,  or  asso- 
ciation, except  railroad  corporations,  compa- 
nies, or  associations, 

ARTICLE  IX. 

FINANCE    AND    STATE    DEBT. 

Section  1.  The  fiscal  year  shall  commence 
on  tiie  first  day  of  January  in  each  year. 

Sec.  2.  The  Legislature  shall  i)rovide  by 
law  for  an  annual  tax,  sufficieut  to  defray  the 
estimated  expenses  of  the  State  for  each  fiscal 
year  ;  and  whenever  the  expenses  of  any  year 
shall  exceed  the  inconu;,  the  Legislature  shall 
provide  for  levying  a  tax  sufficient,  with  other 
sources  of  income,  to  pay  the  deficiency,  as 
well  as  the  estimated  expenses  of  such  ensuing 
year  or  two  years. 

Sec.  3.  For  the  purpose  of  enabling  the 
State  to  transact  its  business  upon  a  cash  basisi 
from  its  organization,  the  State  may  contract 
])u))lic  debts;  but  such  debts  shall  never,  in 
the  aggregate,  exclusive  of  interest,  exceed  the 


CONSTITUTION. 


845 


Taxation — Education. 


sum  of  three  hundred  thousand  dollars,  except 
f.iv  the  purpose  of  defraying  extraordinary  ex- 
jiciises,  as  hereinafter  mentioned.  Every  such 
drlit  shall  be  authoi'ized  by  law  for  some  pur- 
pose, or  purposes,  to  be  distinctly  specified 
therein  ;  and  every  such  law  shall  provide  for 
levying  an  annual  tax  sufficient  to  pay  the  in- 
terest semi-annvially,  and  the  principal  within 
twenty  years  from  the  passage  of  such  law,  and 
shall  specially  appropriate  the  proceeds  of  said 
taxes  to  the  payment  of  said  principal  and  in- 
terest ;  and  such  appropriation  shall  not  be  re- 
pealed, nor  the  taxes  be  postponed  or  dimin- 
ished, until  the  principal  and  interest  of  said 
debts  shall  have  been  wholly  paid.  Every  con- 
tract of  indebtedness  entered  into,  or  assumed, 
by  or  on  behalf  of  the  State,  when  all  its  debts 
and  liabilities  amount  to  said  sum  before-men- 
tioned, shall  be  void  and  of  no  effect,  except  in 
cases  of  money  borrowed  to  repel  invasion, 
suppress  insurrection,  defend  the  State  in  time 
of  war,  or,  if  hostilities  be  threatened,  provide 
for  the  public  defense. 

Sec.  4.  The  State  shall  never  assume  the 
debts  of  any  county,  town,  city,  or  other  cor- 
poration whatever,  unless  such  debts  have  been 
created  to  repel  invasion,  suppress  inssurrec- 
tion,  or  to  provide  for  the  public  defense. 

ARTICLE  X. 

TAXATION. 

Section  1.  The  Legislature  shall  provide 
by  law  for  a  uniform  and  equal  rate  of  assess- 
ment and  taxation,  and  shall  prescribe  such 
regulations  as  shall  secure  a  just  valuation  for 
taxation  of  all  property,  real,  personal,  and 
possessory,  excepting  mines  and  mining  claims, 
the  proceeds  of  which  alone  shall  be  taxed, 
and,  also,  excepting  such  property  as  may  be 
exempted  by  law  for  municipal,  educational, 
literary,  scientific,  i-eligious,  or  charitable  pur- 
poses. 

ARTICLE  XL 


EDUCATION. 

Section  1.  The  Legislature  shall  encourage, 
by  all  suitable  means,  the  promotion  of  intel- 
lectual, literary,  scientific,  mining,  mechanical, 
agricultural,  and  moral  improvements ;  and 
also,  provideffor  the  election,  by  the  people,  at 


be  two  years  from  the  first  Monday  of  January, 
A.  D.  eighteen  hundred  and  sixty-five,  and  until 
the  election  and  the  qualification  of  his  succes- 
sor, and  whose  duties  shall  be  prescribed  by 
law. 

Sec.  2.  The  Legislature  shall  provide  for  a 
uniform  system  of  common  schools,  by  which 
a  school  shall  be  established  and  maintained  in 
each  school  district  at  least  six  months  in  every 
year,  and  any  school  district  neglecting  to  es- 
tablish and  maintain  such  a  school,  or  which 
shall  allow  instruction  of  a  sectarian  character 
therein,  may  be  deprived  of  its  proportion  of 
the  interest  of  the  public  school  fund  during 
such  neglect  or  infraction,  and  the  Legislature 
may  pass  such  laws  as  will  tend  to  secure  a 
general  attendance  of  the  children  in  each 
school  district  upon  said  public  schools. 

Sec.  .3.  All  lands,  including  the  sixteenth  and 
thirty-sixth  sections  in  every  township,  donated 
for  the  benefit  of  the  public  schools  in  the  Act 
of  the  Thirty-Eighth  Congress,  to  enable  the 
people  of  Nevada  Tei-ritory  to  form  a  State 
Government,  the  thirty  thousand  acres  of  pub 
lie  lands  granted  by  an  Act  of  Congress,  ap- 
proved July  second,  A.  D.  eighteen  hundred 
and  sixty-two,  for  each  Senator  and  Represen- 
tative in  Congress,  and  all  proceeds  of  lands 
that  have  been,  or  may  hereafter  be,  granted 
or  appropriated  by  the  United  States  to  this 
State,  and  also  the  five  hundred  thousand  acres 
of  land  granted  to  the  new  States,  under  the 
Act  of  Congress  distributing  the  proceeds  of 
the  public  lands  among  the  several  States  of 
the  Union,  approved  A.  D.  eighteen  hundred 
and  forty-one  ;  provided,  that  Congress  make 
provisions  for,  or  authorizes  such  diversion  to 
be  made  for  the  purpose  herein  contained,  all 
estates  that  may  escheat  to  the  State,  all  of 
such  per  cent,  as  may  be  granted  by  Congress 
on  the  sale  of  land,  all  fines  collected  under 
the  penal  laws  of  the  State,  all  property  given 
or  bequeathed  to  the  State  for  educational  pur- 
poses, and  all  proceeds  derived  from  any  or  all 
of  said  sources,  shall  be  and  the  same  are  here- 
by solemnly  pledged  for  educational  purposes, 
and  shall  not  be  transferred  to  any  other  fund 
for  other  uses  ;  and  the  interest  thereon  shall, 
from  time  to  time,  be  apportioned  among  the 
several   counties  in  proportion   to   the  ascer- 


the  general  election,  of  a  Superintendent  of  tained   numbers  of  the  persons   between  the 
Public  Instruction,  whose  term  of  office  shall  |  ages  of  six  and  eighteen  years  in  the  diflferent 


846 


CONSTITUTION. 


Militia — Public  Institutions. 


counties,  and  the  Legislature  shall  provide  for 
the  sale  of  floating  land  warrants  to  cover  the 
aforesaid  lands,  and  for  the  investment  of  all 
proceeds  derived  from  any  of  the  above-men- 
tioned sources,  in  United  States  bonds,  or  the 
bonds  of  this  State  ;  provided,  that  the  interest 
only  of  the  aforesaid  proceeds  shall  be  used  for 
educational  purposes,  and  any  surplus  interest 
shall  be  added  to  the  principal  sum  ;  and,  pro- 
vided furiher.  that  such  portions  of  said  interest 
as  may  be  necessary  may  be  appropriated  for 
the  support  of  the  State  University. 

Skc.  4.  The  Legislature  shall  provide  for 
the  establishment  of  a  State  University,  which 
shall  embrace  departments  for  agriculture,  me- 
chanic arts,  and  mining,  to  be  controlled  by  a 
Board  of  Regents,  whose  duties  shall  be  pre- 
scribed by  law. 

Sec.  5.  The  Legislature  shall  have  power 
to  establish  normal  schools,  and  such  different 
grades  of  schools,  from  the  primary  department 
to  the  university,  as  in  their  discretion  they 
may  deem  necessary,  and  all  professors  in  said 
university,  or  teachers  in  said  schools,  of  what- 
ever grade,  shall  be  required  to  take  and  sub- 
scribe to  the  oath  as  prescribed  in  Article  Fif- 
teenth of  this  Constitution.  No  professor  or 
teacher  who  fails  to  comply  with  the  provis- 
ions of  any  law  framed  in  accordance  with  the 
provisions  of  this  section,  shall  be  entitled  to 
receive  any  portion  of  the  public  moneys  set 
apart  for  school  purposes. 

Sec.  6.  The  Legislature  shall  provide  a  spe- 
cial tax  of  one-half  of  one  mill  on  the  dollar 
of  all  taxable  property  in  the  State,  in  addition 
to  the  other  means  provided  for  the  support 
and  maintenance  of  said  university  and  com- 
mon schools  ;  provided,  that  at  the  end  of  ten 
years  they  may  reduce  said  tax  to  one-quarter 
of  one  mill  on  each  dollar  of  taxable  property. 

Sec.  7.  The  Governor,  Secretary  of  State. 
and  Superintendent  of  Public  Instruction  shall, 
for  the  first  four  years,  and  until  their  succes- 
sors are  elected  and  qualified,  constitute;  a  IJoard 
of  Regents,  to  control  and  manage  the  affairs 
of  the  university,  and  the  funds  of  the  same, 
under  such  regulations  as  may  be  provided  by 
law.  But  the  L<!gislature  shall,  at  its  regular 
session  next  preceding  the  expiration  of  the 
term  of  office  of  said  Board  of  Regents,  pro- 
vide for  the  election  of  a  new  Board  of  Re- 
gents, and  define  tlieir  duties. 


Sec.  8.  The  Board  of  Regents  shall,  from 
the  interest  accruing  from  the  first  funds  which 
come  under  their  control,  immediately  organize 
and  maintain  the  said  mining  department  in 
such  manner  as  to  make  it  most  effective  and 
useful ;  provided,  that  all  the  proceeds  of  the 
public  lands  donated  by  Act  of  Congress,  ap- 
proved July  second,  A.  D.  eighteen  hundred 
and  sixty-two,  for  a  college  for  the  benefit  of 
agriculture,  the  mechanic  arts,  and  including 
military  tactics,  shall  be  invested  by  the  said 
Board  of  Regents  in  a  separate  fund,  to  be  ap- 
propriated exclusively  for  the  benefit  of  the 
first  named  departments  to  the  university,  as 
set  forth  in  Section  Four  above,  and  the  Legis- 
lature shall  provide  that  if,  through  neglect  or 
any  other  contingency,  any  portion  of  the  fund 
so  set  apart  shall  be  lost  or  misappropriated,  the 
State  of  Nevada  shall  replace  said  amount  so 
lost  or  misappropriated  in  said  fund,  so  that  the 
principal  of  said  fund  shall  remain  forever  un- 
diminished. 

Sec.  9.  No  sectarian  instruction  shall  be  im- 
parted or  tolerated  in  any  school  or  university 
that  may  be  established  under  this  Constitution. 

ARTICLE  XIL 

militia. 

Section  1.  The  Legislature  shall  provide 
by  law  for  organizing  and  disciplining  the 
militia  of  this  State,  for  the  effectual  encour- 
agement of  volunteer  corps,  and  the  safe  keep- 
ing of  the  public  arms. 

Sec.  2.  The  Governor  shall  have  power  to 
call  out  the  militia  to  execute  the  laws  of  the 
State,  or  to  suppress  insurrection  or  repel  inva- 
sion. 

ARTICLE  Xm. 
public    institutions. 

Section  1.  Institutions  for  the  benefit  of  the 
insane,  blind,  and  deaf  and  dumb,  and  such 
other  benevolent  institutions  as  the  public  good 
may  require,  shall  be  fostered  and  supported 
by  the  State,  subject  to  such  regulations  as  may 
be  prescribed  by  law. 

Sec.  2.  A  State  Prison  shall  be  established 
and  maintained  in  such  manner  as  may  be  pre- 
scribed by  law,  and  provision  may  be  made  by 
law  for  the  establishment  and  maintenance  of  a 
House  of  Refuge  for  juvenile  offenders. 

Sec.  3.  The  respective  counties  of  the  State 
shall  provide,  as  may  be  prescribed  by  law, 


CONSTITUTION. 


847 


Boundary — Miscellaneous  Provisions. 


for  those  inhabitants  who,  by  reason  of  age  and 
infirmity,  or  misfortunes,  may  have  claim  upon 
the  sympathy  and  aid  of  society. 

ARTICLE  XIV. 

BOUNDARY. 

Section  1.  The  boundary  of  the  State  of 
Nevada  shall  be  as  follows  :  Commencing  at  a 
point  formed  by  the  intersection  of  the  thirty- 
eighth  degree  of  longitude  west  from  Washing- 
tou  with  the  thirty-seventh  degree  of  north 
latitude  ;  thence  due  west  along  said  thirty- 
seventh  degree  of  north  latitude  to  the  eastern 
boundary  line  of  the  State  of  California  ;  thence 
in  a  north-westerly  direction  along  the  said 
eastern  boundary  line  of  the  State  of  Califoi-nia 
to  the  forty-third  degree  of  longitude  west  from 
Washington ;  thence  north  along  said  forty- 
third  degree  of  west  longitude  and  said  eastern 
boundary  line  of  the  State  of  California  to  the 
fortj^-second  degree  of  north  latitude  ;  thence 
due  east  along  the  said  forty-second  degree  of 
north  latitude  to  a  point  formed  by  its  inter- 
section of  the  aforesaid  thirty-eighth  degree  of 
longitude  west  from  Washington ;  thence  due 
south  down  said  thirty-eighth  degree  of  west 
longitude  to  the  place  of  beginning.  And 
whensoever  Congress  shall  authorize  the  ad- 
dition to  the  Territory  or  State  of  Nevada  of 
any  portion  of  the  territory  on  the  easterly  bor- 
der of  the  foregoing  defined  limits,  not  exceed- 
ing in  extent  one  degree  of  longitude,  the  same 
shall  thereupon  be  embraced  within  and  be- 
come a  part  of  this  State.  And,  furthermore 
proi-ided.  that  all  such  territory  lying  west  of 
and  adjoining  the  boundary  line  herein  pre- 
scribed, which  the  State  of  California  may  re- 
linquish to  the  Territory  or  State  of  Nevada 
shall  thereupon  be  embraced  within  and  consti- 
tute a  part  of  this  State. 

ARTICLE   XV. 

MISCELL-VNEOCS    PROVISIONS. 

Section  1.  The  seat  of  government  shall  be 
at  Carson  City ;  but  no  appropriation  for  the 
erection  or  purchase  of  capitol  buildings  shall 
be  made  during  the  next  three  years. 

Sec.  2.  Members  of  the  Legislature,  and  all 
ofiBcers,  executive,  judicial,  and  ministerial, 
shall,  before  they  enter  upon  the  duties  of  their 
respective  offices,  take  and  subscribe  to  the  fol 

lowing  oath,  or  afifii'mation  :  '•  I, ,  do 

solemnly  swear  (or  aflSrm)  that  I  will  support. 


protect,  and  defend  the  Constitution  and  Gov- 
ernment of  the  United  States,  and  the  Consti- 
tution and  Government  of  the  State  of  Nevada, 
against  all  enemies,  whether  domestic  or  for- 
eign ;  and  that  I  will  bear  true  faith,  allegiance 
and  loyalty  to  the  same,  any  ordinance,  reso- 
lution, or  law  of  any  State,  Convention,  or  Leg- 
islature, to  the  contrary  notwithstanding  ;  and, 
further,  that  I  do  this  with  a  full  determination, 
pledge,  and  purpose,  without  any  mental  reser- 
vation or  evasion  whatsoever.  And  I  do  further 
solemnly  swear  (or  affirm)  that  I  have  not 
fought  a  duel,  nor  sent  or  accepted  a  challenge 
to  fight  a  duel,  nor  been  a  second  to  either 
party,  nor  in  any  manner  aided  or  assisted  in 
such  duel,  nor  been  knowingly  the  bearer  of 
such  challenge  or  acceptance,  since  the  adop- 
tion of  the  Constitution  of  the  State  of  Nevada, 
and  that  I  will  not  be  so  engaged  or  concerned, 
directly  or  indirectly,  in  or  about  any  such 
duel,  during  my  continuance  in  office.  And, 
further,  that  I  will  well  and  faithfully  perform 

all  the  duties  of  the  office  of ,  on 

which  I  am  about  to  enter  ;  (if  an  oath,)  so 
help  me  God  ;  (if  an  affirmation,)  under  the 
pains  and  penalties  of  perjury." 

Sec.  3.  No  person  shall  be  eligible  to  any 
office  who  is  not  a  qualified  elector  under  this 
Constitution.  No  person  who,  while  a  citizen 
of  this  State,  has.  since  the  adoption  of  this 
Constitution,  fought  a  duel  with  a  deadly 
weapon,  sent  or  accepted  a  challenge  to  fight  a 
duel  with  a  deadly  weapon,  either  within  or 
beyond  the  boundaries  of  this  State,  or  who 
has  acted  as  second,  or  knowingly  conveyed  a 
challenge,  or  aided  or  assisted  in  any  manner 
in  fighting  a  duel,  shall  be  allowed  to  hold  any 
office  of  honor,  profit,  or  trust,  or  enjoy  the 
right  of  suffrage  under  this  Constitution.  The 
Legislature  shall  provide,  by  law,  for  giving 
force  and  effect  to  this  section. 

Sec.  4.  No  perpetuities  shall  be  allowed  ex- 
cept for  eleemosynary  purposes. 

Sec.  5.  The  general  election  shall  be  held 
on  the  Tuesday  next  after  the  first  Monday  of 
November. 

Sec.  6.  The  aggregate  number  of  members 
of  both  branches  of  the  Legislature  shall  never 
exceed  seventy-five. 

Sec.  7.  All  county  officers  shall  hold  their 
offices  at  the  county  seat  of  their  respective 
counties. 


848 


CONSTITUTION. 


Amkndmexts— Schedule. 


Sec.  8.  The  Legislature  shall  provide  for 
the  speedy  publication  of  all  statute  laws  of  a 
general  nature,  and  such  decisions  of  the  Su- 
preme Court  as  it  may  deem  expedient ;  and 
all  laws  and  judicial  decisions  shall  be  free  for 
publication  by  any  person  ;  provided,  that  no 
judgment  of  the  Supreme  Court  shall  take 
effect  and  be  operative  until  the  opinion  of  the 
Court  in  such  case  shall  be  filed  with  the  Clerk 
of  said  Court. 

Sec.  9.  The  Legislature  may,  at  any  time, 
provide  by  law  for  increasing  or  diminishing 
the  salaries  or  compensation  of  any  of  the 
officers  whose  salary  or  compensation  is  fixed  in 
this  Constitution  ;  provided,  no  such  change  of 
salary  or  compensation  shall  apply  to  any  offi- 
cer during  the  term  for  which  he  may  have 
been  elected. 

Sec.  10.  All  officers,  whose  election  or  ap- 
pointment is  not  otherwise  provided  for,  shall 
be  chosen  or  appointed,  as  may  be  prescribed 
by  law. 

Sec.  11.  The  tenure  of  any  office,  not  herein 
provided  for,  may  be  declared  by  law  ;  or, 
when  not  so  declared,  such  office  shall  be  held 
during  the  pleasure  of  the  authority  making 
the  appointment ;  but  the  Legislature  shall  not 
create  any  office,  the  tenure  of  which  shall  be 
longer  than  four  years,  except  as  herein  other- 
wise provided  in  this  Constitution. 

Sec.  12.  The  Governor,  Secretary  of  State, 
State  Treasurer.  State  Controller,  and  Clerk  of 
the  Supreme  Court,  shall  keep  their  respective 
offices  at  the  seat  of  government. 

Sec.  13.  The  enumeration  of  the  inhabi- 
tants of  this  State  shall  be  taken  under  the 
direction  of  the  Legislature,  if  deemed  neces- 
sary, in  A.  D.  eighteen  hundred  and  sixty- 
five  ;  A.  D.  eighteen  hundred  and  sixty-seven  ; 
A.  D.  eighteen  hundred  and  seventy-five,  and 
every  ten  years  thereafter  ;  and  these  enumer- 
ations, together  with  the  census  that  may  be 
taken  under  the  direction  of  the  Congress  of 
the  United  States  in  A.  D.  eighteen  hundred 
and  seventy,  and  every  subsecjuent  ten  years 
shall  serve  as  the  basis  of  representation  in 
both  houses  of  the  Legislature. 

Sec.  14.  A  plurality  of  votes  given  at  an 
election  by  the  people  shall  constitute  a  choice 
where  not  otherwise  provided  by  this  Constitu- 
tion. 


ARTICLE  XVL 


AMENDMENTS. 


Section  1.  Any  amendment  or  amendments 
to  this  Constitution  may  be  proposed  in  the 
Senate  or  Assembly  ;  and  if  the  same  shall  be 
agreed  to  by  a  majority  of  all  the  members 
elected  to  each  of  the  two  houses,  such  pro- 
posed amendment  or  amendments  shall  be  en- 
tered on  their  respective  journals,  with  the  yeas 
and  nays  taken  thereon,  and  referred  to  the 
Legislature  then  next  to  be  chosen,  and  shall 
be  published  for  three  months'  next  preceding 
the  time  of  making  such  choice.  '  And  if,  in 
the  Legislature  next  chosen,  as  aforesaid,  such 
proposed  amendment  or  amendments  shall  be 
agreed  to  by  a  majority  of  all  the  members 
elected  to  each  house,  then  it  shall  be  the  duty 
of  the  Legislature  to  submit  such  proposed 
amendment  or  amendments  to  the  people,  in 
such  manner  and  at  such  time  as  the  Legisla- 
ture shall  prescribe ;  and  if  the  people  shall 
approve  and  ratify  such  amendment  or  amend- 
ments by  a  majority  of  the  electors  qualified  to 
vote  for  members  of  the  Legislature  voting 
thereon,  such  amendment  or  amendments  shall 
become  a  part  of  the  Constitution. 

Sec.  2.  If.  at  any  time,  the  Legislature,  by  a 
vote  of  two-thirds  of  the  members  elected  to 
each  house,  shall  determine  that  it  is  necessary 
to  cause  a  revision  of  this  entire  Constitution, 
they  shall  recommend  to  the  electors,  at  the 
next  election  for  members  of  the  Legislature, 
to  vote  for  or  against  a  Convention  ;  and  if  it 
shall  appear  that  a  majority  of  the  electors 
voting  at  such  election  shall  have  voted  in 
favor  of  calling  a  Convention,  the  Legislature 
shall,  at  its  next  session,  provide  by  law  for 
calling  a  Convention,  to  be  holden  within  six 
months  after  the  passage  of  such  law  ;  and 
such  Convention  shall  consist  of  a  number  of 
members  not  less  than  that  of  both  branches 
of  the  Legislature.  In  determining  what  is  a 
majority  ot  the  electors  voting  at  such  election, 
reference  sh^U  be  had  to  the  highest  number  of 
votes  cast  at  such  election  for  the  candidates 
for  any  office  or  on  any  question. 

ARTICLE  XVn. 

schedule. 
Section  1.    That  no  inconvenience  may  arise 
by  reason  of  a  change  from  a  Territorial  to  a 


CONSTITUTION. 


849 


Schedule. 


permanent  State  government,  it  is  declared 
that  all  rights,  actions,  prosecutions,  judg- 
ments, claims,  and  contracts,  as  well  of  indi- 
viduals as  of  bodies  corporate,  including  conn- 
ties,  towns,  and  cities,  shall  continue  as  if  no 
change  had  taken  place  ;  and  all  process  which 
may  issue  under  the  authority  of  the  Territory 
of  Nevada  previous  to  its  admission  into  the 
Union  as  one  of  the  United  States,  shall  be  as 
valid  as  if  issued  in  the  name  of  the  State  of 
Nevada. 

Sec.  2.  All  laws  of  the  Territory  of  Nevada, 
in  force  at  the  time  of  the  admission  of  this 
State,  not  repugnant  to  this  Constitution,  shall 
remain  in  force  until  they  expire  by  their  own 
limitations,  or  be  altered  or  repealed  by  the 
Legislature. 

Sec.  3.  All  fines,  penalties,  and  forfeitures, 
accruing  to  the  Territory  of  Nevada,  or  to  the 
people  of  the  United  States  in  the  Territory  of 
Nevada,  shall  inure  to  the  State  of  Nevada. 

Sec.  4.  All  recognizances  heretofore  taken, 
or  which  may  be  taken  before  the  change  from 
a  Territorial  to  a  State  government,  shall  re- 
main valid,  and  shall  pass  to,  and  may  be 
prosecuted  in  the  name  of  the  State ;  and  all 
bonds  executed  to  the  Governor  of  the  Ter- 
ritory, or  to  any  other  oflBcer  or  court  in  his 
or  their  ofiicial  capacity,  or  to  the  people  of 
the  United  States  in  the  Territory  of  Nevada, 
shall  pass  to  the  Governor,  or  other  officer  or 
court,  and  his  or  their  successors  in  office,  for 
the  uses  therein  respectively  expressed,  and 
may  be  sued  on,  and  recovery  had  accordingly  ; 
and  all  property,  real,  personal,  or  mixed,  and 
all  judgments,  bonds,  specialties,  choses  in  ac- 
tion, claims,  and  debts,  of  whatsoever  descrip- 
tion, and  all  records  and  pubUc  archives  of  the 
Territory  of  Nevada,  shall  issue  to  and  vest  in 
the  State  of  Nevada,  and  may  be  sued  for  and 
recovered  in  the  same  manner,  and  to  the  same 
extent,  by  the  State  of  Nevada,  as  the  same 
could  have  been  by  the  Territory  of  Nevada. 
All  criminal  prosecutions  and  penal  actions 
which  may  have  arisen,  or  which  may  arise  be- 
fore the  change  from  a  Territorial  to  a  State 
government,  and  which  shall  then  be  pending, 
shall  be  prosecuted  to  judgment  and  execution 
in  the  name  of  the  State.  All  offenses  com- 
mitted against  the  laws  of  the  Territory  of  Ne- 
vada before  the  change  from  a  Territorial  to 
a  State  government,  and  which  shall  not  be 

A  28 


prosecuted  before  such  change,  may  be  prose- 
cuted in  the  name  and  by  the  authority  of  the 
State  of  Nevada,  with  like  effect  as  though  such 
change  had  not  taken  place,  and  all  penalties 
incurred  shall  remain  the  same  as  if  this  Con- 
stitution had  not  been  adopted.  All  actions  at 
law,  and  suits  in  equity,  and  all  other  legal  pro- 
ceedings which  may  be  pending  in  any  of  the 
courts  of  the  Territory  of  Nevada  at  the  time 
of  the  change  from  a  Territorial  to  a  State  gov- 
ernment, shall  be  continued  and  transferred  to, 
and  may  be  prosecuted  to  judgment  and  exe- 
cution in  any  court  of  the  State  which  shall 
have  jurisdiction  of  the  subject  matter  thereof ; 
and  all  books,  papers,  and  records,  relating  to 
the  same,  shall  be  transferred  in  like  manner  to 
such  court. 

Sec.  5.  For  the  first  term  of  office  succeed- 
ing the  formation  of  a  State  government,  the 
salary  of  the  Governor  shall  be  four  thousand 
dollars  per  annum  ;  the  salary  of  the  Secretary 
of  State  shall  be  three  thousand  six  hundred 
dollars  per  annum  ;  the  salary  of  the  State 
Controller  shall  be  three  thousand  six  hundred 
dollars  per  annum  ;  the  salary  of  the  State 
Treasurer  shall  be  three  thousand  six  hundred 
dollars  per  annum  ;  the  salary  of  the  Surveyor- 
General  shall  be  one  thousand  dollars  per 
annum  ;  the  salary  of  the  Attorney  General 
shall  be  two  thousand  five  hundred  dollars  per 
annum  ;  the  salary  of  the  Superintendent  ot 
Public  Instruction  shall  be  two  thousand  dol- 
lars per  annum  ;  the  salary  of  each  Judge  of 
the  Supreme  Court  shall  be  seven  thousand 
dollars  per  annum  ;  the  salaries  of  the  forego- 
ing officers  shall  be  paid  quarterly  out  of  the 
State  treasury.  The  pay  of  State  Senators  and 
Members  of  Assembly  shall  be  eight  dollars 
per  day  for  each  day  of  actual  service,  an-.l 
forty  cents  per  mile  for  mileage  goiu^'  to  and 
returning  from  the  place  of  meeting.  No  officer 
mentioned  in  this  section  shall  receive  any  f.- 
or  perquisites,  to  his  own  use,  for  the  perform- 
ance of  any  duty  connected  with  his  office,  or 
for  the  perfortnunce  of  any  addiiional  duty  ini 
posed  upon  him  by  law. 

Sec.  6.  Until  otherwise  provided  by  law, 
the  apportionment  of  Senators  and  Assembly- 
men in  the  different  counties  shall  be  as  f'ol 
lows,  to  wit :  Storey  County,  four  Senavois  and 
twelve  Assemblymen  ;  Douglas  County.,  one 
Senator  and    two   Assemblynieu  ;     '■.  m  r.jtdf^ 


850 


CONSTITUTION. 


Schedule. 


County,  two  Senators  and  four  Assemblymen  ; 
IluniboUU  County,  two  Senators  and  three  As- 
semblymen ;  Lander  Coimty,  two  Senators  and 
four  Assemblymen  ;  Lyon  County,  one  Senator 
and  three  Assemblymen  ;  Lyon  and  Churchill 
Counties,  one  Senator,  jointly  ;  Churchill  Coun- 
ty, one  Assemblyman  ;  Nye  County,  one  Sena- 
tor and  one  Assemblyman  ;  Ormsby  County, 
two  Senators  and  three  Assemblymen  ;  Washoe 
and  Roop  Counties,  two  Senators  and  three  As- 
semblymen. 

Sec.  7.  All  debts  and  liabilities  of  the  Terri- 
tory of  Nevada,  lawfully  incurred,  and  which 
remain  unpaid  at  the  time  of  the  admission  of 
this  State  into  the  Union,  shall  be  assunn^d  by 
and  become  the  debt  of  the  State  of  Nevada  ; 
provided,  that  the  assumption  of  such  indebted- 
ness shall  not  prevent  the  State  from  contract- 
ing the  additional  indebtedness,  as  provided  in 
section  three  of  article  nine  of  this  Constitution. 

Sec.  8.  The  term  of  State  officers,  except 
judicial,  elected  at  the  first  election  under  this 
Constitution,  shall  continue  until  the  Tuesday 
after  the  first  Monday  of  January,  A.  D.  eighteen 
hundred  and  sixty-seven,  and  until  the  election 
and  qualification  of  their  successors. 

Sec.  9.  The  Senators  to  be  elected  at  the 
first  election  under  this  Constitution  shall  draw 
lots,  so  that  the  term  of  one  half  of  the  num- 
ber, as  nearly  as  may  be,  shall  expire  on  the 
day  succeeding  the  general  election  in  A.  D. 
eighteen  hundred  and  sixty-six,  and  the  term 
of  the  other  half  shall  expire  on  the  day  suc- 
ceeding the  general  election  in  A.  D.  eighteen 
hundred  and  sixty-eight ;  provided,  that  in 
drawing  lots  for  all  Senatorial  terms,  the  Sen- 
atorial representation  shall  Ije  allotted  so  that 
in  the  counties  having  two  or  more  Senators, 
the  terms  thereof  shall  be  divided,  as  nearly  as 
may  be,  between  the  long  and  short  terms. 

Sec.  10.  At  the  general  election  in  A.  D. 
eighteen  hundn-d  and  sixty-six,  and  thereafter, 
the  U'.Yin  of  .Senators  shall  Ite  for  four  years 
from  the  day  succeeding  such  general  election, 
and  members  of  Assembly  for  two  years  from 
the  day  succeeding  such  general  election  ;  and 
the  terms  of  Senators  shall  be  allotted  by  the 
Legislature  in  long  and  short  terms,  as  herein- 
before provided,  so  that  one  half  the  number,  as 
nearly  as  may  be,  shall  be  elected  every  two 
years. 

Sec.  1L    The  term  of  the  members  of  the 


Assembly  elected  at  the  second  general  election 
under  this  Constitution,  shall  expire  on  the  day 
succeeding  the  general  election  in  A.  D.  eight- 
een hundred  and  sixty-five  ;  and  the  terms  of 
those  elected  at  the  general  election  in  A.  D. 
eighteen  hundred  and  sixty-five  shall  expire  on 
the  day  succeeding  the  general  election  in  A 
D.  eighteen  hundred  and  sixty-six.  . 

Sec.  12.  The  first  regular  session  of  the 
Legislature  shall  commence  on  the  first  Mon- 
day of  December,  A.  D.  eighteen  hundred  and 
sixty-four  ;  and  the  second  regular  session  of 
the  same  shall  commence  on  the  first  Monday 
of  January,  A.  D.  eighteen  hundred  and  sixty- 
six  ;  and  the  third  regular  session  of  the  Leg- 
islature shall  be  the  first  of  the  biennial  ses- 
sions, and  shall  commence  on  the  first  Monday 
of  January,  A.  D.  eighteen  hundred  and  sixty- 
seven  ;  and  the  regular  sessions  of  the  Legisla- 
ture shall  be  held  thereafter  biennially,  com- 
mencing on  the  first  Monday  of  January. 

Sec.  13.  All  county  officers,  under  the  laws 
of  the  Territory  of  Nevada,  at  the  time  when 
the  Constitution  shall  take  effect,  whose  offices 
are  not  inconsistent  with  the  provisions  of  this 
Constitution,  shall  continue  in  office  until  the 
first  Monday  of  January,  A.  D.  eighteen  hun- 
dred and  sixty-seven,  and  until  their  successora 
are  elected  and  qualified  ;  and  all  township  of- 
ficers shall  continue  in  office  until  the  expira- 
tion of  their  terms  of  office,  and  until  their  suc- 
cessors are  elected  and  qualified ;  provided, 
that  the  Probate  Judges  of  the  several  coun- 
ties, respectively,  shall  continue  in  office  until 
the  election  and  qualification  of  the  District 
Judges  of  the  several  counties  or  judicial  dis- 
tricts ;  and,  provided  further,  that  the  term  of 
office  of  the  present  county  officers  of  Lander 
County  shall  expire  on  the  first  Monday  of  Jan- 
uary, A.  D.  eighteen  hundred  and  sixty-five, 
except  the  Probate  Judge  of  said  county,  whose 
term  of  office  shall  expire  upon  the  first  Mon- 
day of  December,  A.  I),  eighteen  hundred  and 
sixty-four  ;  and  there  shall  be  an  election  for 
county  officers  of  Lander  County  at  the  general 
election  in  November,  A.  D.  eighteen  hundred 
and  sixty-four  ;  and  the  officers  then  elected 
shall  hold  office  from  the  first  Monday  of  Jan- 
uary, A.  D.  eighteen  hundred  and  sixty-five, 
until  the  first  Monday  of  January,  A.  D.  eight- 
een hundred  and  sixty-seven,  and  until  their 
successors  are  elected  and  qualified. 


CONSTITUTION. 


851 


Schedule. 


Sec.  14.  The  Governor,  Secretary,  Treas- 
urer, and  Superintendent  of  Public  Instruction 
of  the  Territory  of  Nevada,  shall  each  continue 
to  discharge  the  duties  of  their  respective  offices 
after  the  admission  of  this  State  into  the  Union, 
and  until  the  time  designated  for  the  qualifica- 
tion of  the  above  named  officers  to  be  elected 
under  the  State  Government ;  and  the  Territo- 
rial Auditor  shall  continue  to  discharge  the 
duties  of  his  said  office  until  the  time  appoint- 
ed for  the  qualification  of  the  State  Controller  ; 
provided,  that  the  said  officers  shall  each 
receive  the  salaries  and  be  subject  to  the 
restrictions  and  conditions  provided  in  this 
Constitution  ;  and.  provided  further,  that  none 
of  them  shall  receive  to  his  own  use  any  fees 
or  perquisites  for  the  performance  of  any  duty 
connected  with  his  office, 

Skc.  15.  The  terms  of  the  Supreme  Court 
shall,  until  provision  be  made  by  law,  be  held 
at  such  times  as  the  Judges  of  the  said  Court. 
or  a  majority  of  them,  may  appoint.  The  first 
terms  of  the  several  District  Courts,  (except  as 
hereinafter  mentioned.)  shall  commence  on  the 
first  Monday  ot  December,  A.  D.  eighteen  hun- 
dred and  sixty-four.  The  first  term  of  the  Dis- 
trict Court  in  the  Fifth  Judicial  District  shall 
commence  on  the  first  Monday  of  December, 
A.  D.  eighteen  hundred  and  sixty -four,  in  the 
County  of  Nye,  and  shall  commence  on  the 
first  Monday  of  Januar^^  A.  D.  eighteen  hun- 
dred and  sixty-five,  in  the  County  of  Churchill. 
The  terms  of  the  Fourth  Judicial  District  Court 
shall,  until  otherwise  provided  by  law,  be  held 
at  the  county  seat  of  Washoe  County,  and  the 
first  term  thereof  commence  on  the  first  Mon- 
day of  Dec^ember,  A.  D.  eighteen  hundred  and 
sixty-four. 

Sec.  16.  The  Judges  of  the  several  District 
Courts  of  this  State  shall  be  paid,  as  hereinbe- 
fore provided,  salaries  at  the  following  rates  per 
annum  :  First  Judicial  District,  (each  Judge,) 
six  thousand  dollars  ;  Second  Judicial  District, 
four  thousand  dollars  ;  Third  Judicial  District. 
five  thousand  dollars  ;  Fourth  Judicial  District, 
five  thousand  dollars  ;  Fifth  Judicial  District, 
thirty-six  hundred  dollars  ;  Sixth  Judicial  Dis- 
trict, four  thousand  dollars  ;  Seventh  Judicial 
District,  six  thousand  dollars  ;  Eighth  Judicial 
District,  thirty-six  hundred  dollars ;  Ninth  Ju- 
dicial District,  five  thousand  dollars. 

Sec.  17.     The  salary  of  any  Judge  in  said 


Judicial  Districts  may,  by  law,  be  altered  or 
changed,  subject  to  the  provisions  contained  in 
this  Constitution. 

Sec.  18.  The  Governor,  Lieutenant-Gov- 
ernor, Secretary  of  Statp,  State  Treasurer,  State 
Controller.  Attorney-General,  Surveyor-Gener- 
al, Clerk  of  the  Supreme  Court,  and  Superin- 
tendent of  Public  Instruction,  to  be  elected  at 
the  first  election  under  this  Constitutio'a,  shall 
each  qualify  and  enter  upon  the  dutie'<  of  their 
respective  offices  on  the  first  Monday  of  Decem- 
ber succeeding  their  election,  aivi  shall  con- 
tinue in  office  until  the  first  Tuesday  after  the 
first  Monday  of  January.  A.  D.  eighteen  hun- 
dred and  sixty-seven,  and  until  the  election 
and  qualification  of  their  successors  respect- 
ively. 

Sec.  19.  The  Judges  of  the  Supreme  Court 
and  District  Judges,  ir,  be  elected  at  the  first 
election  under  this  Constitution,  shall  qualify 
and  enter  upon  thfj  duties  of  their  respective 
offices  on  the  firs*.  Monday  of  December  suc- 
ceeding their  ele  ction. 

Sec.  20.  AIJ  officers  of  State,  and  District 
Judges,  first  elected  under  this  Constitution, 
shall  be  coi/imissioned  by  the  Governor  of  this 
Territory,  '.vhich  commission  shall  be  counter- 
signed by  the  Secretary  of  the  same,  and  shall 
qualify  before  entering  upon  the  discharge  of 
their  aulies,  before  any  officer  authorized  to 
administer  oaths  under  the  laws  of  this  Terri- 
tory ;  and  also  the  State  Controller  and  State 
Treasurer  shall  each  respectively,  before  they 
qualify  and  enter  upon  the  discharge  of  their 
duties,  execute  and  deliver  to  the  Secretary  of 
the  Territory  of  Nevada  an  official  bond,  made 
payable  to  the  people  of  the  State  of  Nevada, 
in  the  sum  of  thirty  thousand  dollars,  to  be  ap- 
proved by  the  Governor  of  the  Territory  of 
Nevada  ;  and  shall  also  execute  and  deliver, 
to  the  Secretary  of  State,  such  other  or  further 
official  bond  or  bonds  as  may  be  required  by 
law. 

Sec.  21.  Each  county,  town,  city,  and  in- 
corporated village,  shall  make  provision  for 
the  support  of  its  own  officers,  subject  to  such 
regulations  as  may  be  prescribed  by  law. 

Sec.  22.  In  case  the  office  of  any  Justice  of 
the  Supreme  Court,  District  Judge,  or  other 
State  officer,  shall  become  vacant  before  the  ex- 
piration of  the  regular  term  for  which  he  was 
elected,  the  vacancy  may  be  filled  by  appoint- 


852 


CONSTITUTION. 


Election  Ordinance. 


'tory    of    Nevada. 
Xevada.  and    for 
said  indebted- 


ment  by  the  Governor  until  it  shall  be  supplied 
at  the  next  general  election,  when  it  shall  be 
filled  by  election  for  the  residue  of  the  unex- 
pired term. 

t^EC.  23.  All  cases,  both  civil  and  criminal, 
vh.'t^l'  ™*y  ^^  pending  and  undetermined  in 
the  Probate  Courts  of  the  several  counties  at 
the  til  '16'  ^^'^^f  under  the  provisions  of  this 
Constitu  'ion,  said  Probate  Courts  are  to  be 
abolished  ^^^^^  l>«  transferred  to  and  deter- 
mined by  tL  "^  District  Courts  of  such  counties 
respectively. 

Sec  24  Fo  "  *^^  ^^^^  three  years  after  the 
adoption  of  this  Constitution,  the  Legislature 
shall  not  lew  a  ta  ^  ^"^^  ^^''"^'^  purposes  exceed- 
ing one  per'cent.  i  ^'^  '"^""™  ^n  the  taxable 
property  in  the  State  =  providpd,  the  Legisla- 
ture mav  lew  a  spot  '"''^  ^'^^  °«*  exceeding 
pne-fourth  of  one  per  ci  "*'  l'""'"  ''"""'"'  '^''''^^ 
sha.'.'  be  appropriated  to  t^>^"  P'^vment  of  the 
indebtednesg  of  the  Ten 
assumed  by  the  State  of  i 
that  purpose  only,  until  all  ol 
ness  is  paid. 

Sec.  2.5.     The  County  of  jRx>op  ■    i-  '  1 

taQhed  to  the  Countv  of  Wa*^1Joe  tv    ^^  J"'  "^''^  ' 
■>  i  .„     >ses,  until 

legislative,  revenue,  and  county  jjuipv 

otherwise  provided  by  law. 

Sec.  2C.    At  the  first  regular  session        ^^^^^ 
Legislature,  to  conveae  under  the  re^uirev    i*^" /^ 
of  this  Constitution,  provision  shall  be  a   ^|  ^ 
by  law  for  paying  for  the  publication  of    ^'"^ 
hundred  copiefof  the  debates  and  proceeding  "^ 
of  this  Con»*<ntion,  in  book  form,  to  be  disposed 
of  as  the  Legislature  may  direct ;  and  the  lion. 
J.  Neely  Johnson,  President  of  this  Convention. 
Bhall  contract  for,  and  A.  J.  Marsh,  Official  Re- 
porter of  this  Convention,  under  the  direction 
of  the  President,  shall  supervise  the  publication 
of  such  debates  and  proceedings.     Provision 
shall  be  made  by  law,  at  8U(;li  first  session  of 
the  Legislature,  for  the  compensation  of  the 
OfficiarUeporter  of  this  Ccmv.-ntion.  and  he  shall 
be  paid  in  coin,  or  it«  equivalent.     He  shall 
receive  for  his  services,  in  reporting  the  (lel)ates 
and  proceedings,  fifteen  dollars  per  day  during 
the  session  of  the  Conventiim,  and  seven  and 
one-half  dollars  additional   for  each   evening 
session,  and  thirty  cents  per  folio  of  one  hun 
dred  words  for  preparing  the  same  for  piiblica 
tion  :  and  for  supervising  and   indexing  such 
publication,  the  sum  of  fifteen  dollars  per  day 


.shall  be  at- 


during  the  time  actually  engaged  in  such  ser- 
vice.   . 


ELECTION  ORDINANCE. 

AVnEUEAS,  The  Enabling  Act  pa.ssed  by  Con- 
gress, and  approved  March  twenty-fii-st,  A.  D. 
eighteen  hundred  and  sixty-four,  requires  that 
the  Convention  charged  with  the  duty  of  fram- 
ing a  Constitution  for  a  State  Government, 
"  shall  provide  by  ordinance  for  submitting 
said  Constitution  to  the  people  o  f  the  Territory 
of  Nevada,  for  their  ratification  or  rejection," 
on  a  certain  day  prescribed  therein  ;  therefore, 
this  Convention,  organized  in  pursuance  of  said 
Enabling  Act,  do  establish  the  following 

ORDINANCE  : 

Section  1.  The  Governor  of  the  Territory 
of  Nevada  is  hereby  authorized  to  issue  his 
proclamation  for  the  subnii.^sion  of  this  Consti- 
tution to  the  people  of  said  Territory,  for  their 
ap])roval  or  rejection,  on  the  day  provided  for 
such  submission  by  Act  of  Congre.ss  ;  and  this 
Constitution  shall  be  submitted  to  the  qualified 
electors  of  said  Territory,  in  the  several  coun- 
ties thereof,  for  their  approval  or  rejection,  at 
the  time  provided  by  such  Act  of  Congress  ; 
and  further,  on  the  first  Tuesday  after  the  first 
Mouday  of  November,  A.  D.  eighteen  hundred 
and  sixty-four,  there  shall  be  a  general  election 
in  the  several  counties  of  said  Territory  for  the 
el  'action  of  State  oBicers,  Supreme  and  District 
.Jiu?ges,  membei-s  of  the  Legislature,  Repre- 
<^  ntaMve  in  Congri'ss,  and  three  Presidential 
Ek  -ctors. 

gj,  c.  2.    All  persons,  (pialified  by  the  laws  of 
said  'territory  to  vote  for  Representatives  to  the 
Genera  '  As.-'embly,  on  the  said  twenty-firet  day 
of  Marc.'i.  including  th()se  in  the  army  of  the 
United   States,    both   within   and   beyond  the 
boundaries  of  si.id  Territory,  and  also  all  per- 
ons  jwho  may,  by  the  aforesiiid  laws,  be  qnali- 
fied  to  vote  on  tlie  first  Wednesday  of  Septem- 
))er.  A.  i>.  •Hghteen    hundred  and    sixty-four, 
including  tjiose  in   the  aforesiiid  anny  of  the 
United  States,  within  and  without  the  bound- 
aries of  said  Territory,  may  vote  for  the  adop- 
tion or  rejection  of  said  Constitution,  on  the  day 
last  above  named.    In  voting  u))()n  this  Cousti- 
t\ition,.each  elector  shall  deposit  in  the  ballot- 


CONSTITUTION. 


853 


Election  Ordinance. 


box  a  ticket,  whereon  shall  be  clearly  written 
or  printed,  "  Constitution — Yes,"  or  "  Consti- 
tution— No  ; "  or  such  other  words  that  shall 
clearly  indicate  the  intention  of  the  elector. 

Sec.  3.  All  persons  qualified  by  the  laws  of 
said  Territory  to  vote  on  the  Tuesday  after  the 
first  Monday  of  November,  A.  D.  eighteen  hun- 
dred and  sixty-four,  including  those  in  the 
army  of  the  United  States,  within  and  beyond 
the  boundaries  of  said  Territory,  may  vote  on 
the  day  last  above  named,  for  State  officers, 
Supreme  and  District  Judges,  members  of  the 
Legislature,  Representative  in  Congress,  and 
three  Presidential  Electors  to  the  Electoral 
College. 

Sec.  4.  The  elections  provided  in  this  ordi- 
nance shall  be  holden  at  such  places  as  shall 
be  designated  by  the  Boards  of  Commissioners 
of  the  several  counties  in  said  Territory.  The 
judges  and  inspectors  of  said  elections  shall  be 
appointed  by  said  Commissioners,  and  the  said 
elections  shall  be  conducted  in  conformity  with 
the  existing  laws  of  said  Territory  in  relation 
to  holding  the  general  election. 

Sec.  5.  The  judges  and  inspectors  of  said 
elections  shall  carefully  count  each  ballot  im- 
mediately after  said  elections,  and  forthwith 
malie  duplicate  returns  thereof  to  the  clerks  of 
the  said  County  Commissioners  of  their  respect- 
ive counties ;  and  said  clerks,  within  fifteen 
days  after  said  elections,  shall  transmit  an  ab- 
stract of  the  votes,  including  the  soldiers'  vote, 
as  herein  provided,  given  for  State  officers. 
Supreme  and  District  Judges,  Representative 
in  Congress,  and  three  Presidential  Electors, 
enclosed  in  an  envelope,  by  the  most  safe 
and  expeditious  conveyance,  to  the  Gov- 
ernor of  said  Territory,  marked  "  Election 
Returns." 

Sec.  6.  Upon  the  I'eceipt  of  said  returns, 
including  those  of  the  soldiers'  vote,  or  within 
twenty  days  after  the  election,  if  said  returns 
be  not  sooner  received,  it  shall  be  the  duty  of 
the  Board  of  Canvassers,  to  consist  of  the 
Governor,  United  States  District  Attorney,  and 
Chief  Justice  of  said  Territory,  or  any  two  of 
them,  to  canvass  the  returns  in  the  presence  of 
all  who  may  wish  to  be  present ;  and  if  a  ma- 
jority of  all  the  votes  given  upon  this  Consti- 
tution shall  be  in  its  favor,  the  said  Governor 
shall  immediately  publish  an  abstract  of  the 
same,  and  make  proclamation  of  the  fact,  in 


some  newspaper  in  said  Territory,  and  certify 
the  same  to  the  President  of  the  United  States, 
together  with  a  copy  of  the  Constitution  and 
Ordinance.  The  said  Board  of  Canvassers, 
after  canvassing  the  votes  of  the  said  Novem- 
ber elections,  shall  issue  certificates  of  election 
to  such  persons  as  were  elected  State  officers, . 
Judges  of  the  Supreme  and  District  Courts, 
Representative  in  Congress,  and  three  Presi- 
dential Electors.  When  the  President  of  the 
United  States  shall  issue  his  proclamation  de- 
claring this  State  admitted  into  the  Union  on 
an  equal  footing  with  the  original  States,  this 
Constitution  shall  thenceforth  be  ordained  and 
established  as  the  Constitution  of  the  State  of 
Nevada. 

Sec.  7.  For  the  purpose  of  taking  the  vote 
of  the  electors  of  said  Territory  who  may  be  in 
the  army  of  the  United  States,  the  Adjutant- 
General  of  said  Territory  shall,  on  or  before 
the  fifth  day  of  August  next  following,  make 
out  a  list,  in  alphabetical  order,  and  deliver  the 
same  to  the  Governor,  of  the  names  of  all  the 
electors,  residents  of  said  Territory,  who  shall 
be  in  the  army  of  the  United  States,  stating  the 
number  of  the  regiment,  battalion,  squadron, 
or  battery,  to  which  he  belongs,  and  also  the 
county  or  township  of  his  residence  in  said 
Territory. 

Sec.  8.  The  Governor  shall  classify  and  ar- 
range the  aforesaid  returned  list,  and  shall 
make  therefrom  separate  lists  of  the  electors 
belonging  to  each  regiment,  battalion,  squad- 
ron, and  battery,  from  said  Territory,  in  the 
service  of  the  United  States,  and  shall,  on  or 
before  the  fifteenth  day  of  August  following, 
transmit,  by  mail  or  otherwise,  to  the  com- 
manding officer  of  each  regiment,  battalion, 
squadron,  and  battery,  a  list  of  electors  belong- 
ing thereto,  which  said  list  shall  specify  the 
name,  residence,  and  rank  of  each  elector,  and 
the  company  to  which  he  belongs,  if  to  any, 
and  also  the  county  and  township  to  which 
he  belongs,  and  in  which  he  is  entitled  to 
vote. 

Sec.  9.  Between  the  hours  of  nine  o'clock, 
A.  M.,  and  three  o'clock,  P.  M.,  on  each  of  the 
election  days  hereinbefore  named,  a  ballot-box, 
or  suitable  receptacle  for  votes,  shall  be  opened 
under  the  immediate  charge  and  direction  of 
three  of  the  highest  officers  in  command,  for 
the  reception  of  votes  from  the  electors  whose 


854 


CONSTITUTION 


Election  Ordinance. 


names  are  wpon  said  list,  at  each  place  where  a 
regiment,  biittalion.  squadron,  or  battery  of 
soldiers  from  said  Territory,  in  the  army  of  the 
United  States,  may  be  on  that  day  ;  at  which 
thne  and  place  said  elector  shall  be  entitled  to 
Tote  for  all  officers  for  which,  by  reason  of  their 
residence  iu  the  several  counties  in  said  Terri- 
tory, they  are  authorized  to  vote,  as  fully  as 
they  would  be  entitled  to  vote  in  the  several 
counties  or  townships  in  which  they  reside,  and 
the  votes  so  given  by  such  electors,  at  such 
time  and  place,  shall  be  considered,  taken  and 
held  to  have  been  given  by  them  in  the  respect- 
ive counties  and  townships  in  which  they  are 
resident. 

Sec.  10.  Each  ballot  dt^josited  for  the  adop- 
tion or  rejection  of  this  Constitution,  in  the 
army  of  the  United  States,  shall  have  distinctly 
written  or  printed  thereon  "  Constitution  — 
Yes,"  or  "  Constitution — No,"  or  words  of  a 
similar  import ;  and,  further,  for  the  election  of 
State  officers,  Supreme  and  District  Judges, 
members  of  the  Legislature,  Representative  in 
Congress,  and  three  Presidential  Electors,  the 
name  and  office  of  the  person  voted  for  shall 
be  plainly  written  or  printed  on  one  piece  of 
paper.  The  name  of  each  elector  voting,  as 
aforesaid,  shall  be  checked  upon  the  said  list, 
at  the  time  of  voting,  by  one  of  the  said  officers 
having  charge  of  the  ballot-bo.x.  The  said 
officers  having  charge  of  the  election  shall 
count  the  votes  and  compare  them  with  the 
checked  list  immediately  after  the  closing  of 
the  ballot-box. 

Sec.  11.  All  the  ballots  cast,  together  with 
the  said  voting  list  checked  as  aforesaid,  shall 
be  immediately  sealed  up  and  sent  forthwith  to 
the  Governor  of  said  Territory,  at  Carson  City, 
by  mail  or  otherwise,  by  the  commanding  offi- 
cer, who  shall  make  out  and  certify  duprujate 
returns  of  votes  given,  according  to  the  forms 
hereinafter  prescrilx'd.  seal  up  and  immediately 
transmit  the  same  to  the  said  Governor,  at  Car- 
son City,  by  mail  or  otherwise,  tiie  day  follow- 
ing the  transmission  of  the  ballots  and  the 
voting  list  herein  named.  The  said  command- 
ing officer  shall  also  immediately  transmit  to 
the  several  County  Clerks  in  said  Territory,  an 
abstract  of  the  votes  given  at  the  general  elec- 
tion in  November,  for  county  officers,  marked 
"  Election  Returns.'' 


Sec.  12.  The  form  of  returns  of  votes  to  be 
made  by  the  commanding  officer  to  the  Gov- 
ernor and  County  Clerks  of  said  Territory  shall 
be  in  substance  as  follows,  viz  : 

Returns  of  soldiers'  vote  in  the  (here  insert 
the  regiment,  detachment,  battalion,  squadron, 
or  battery.) 

(For  first  election— on  the  Constitution  :) 

I, ,  hereby  certify  that  on  the  first  Wed- 
nesday of  September,  A.  D.  eighteen  hundred 
and  si.xty-four,  the  electors  belonging  to  the 
(here  insert  the  name  of  the  regiment,  detach- 
ment, battalion,  squadron,  or  battery)  cast  the 
following  number  of  votes  for  and  against  the 
Constitution  for  the  State  of  Nevada,  viz  : 

For  Constitution — (number  of  votes  written 
in  full  and  in  figures.) 

Against  Constitution — (r-umber  of  votes  writ- 
ten in  full  and  in  figures.) 

Second  election— for  State  and  other  officers:) 

1, ,  hereby  certify  that  on  the  first  Tues- 
day after  the  first  Monday  in  November,  A.  D. 
ei-hteen  hundred  and  sixty  four,  the  electors 
belonging  to  the  (here  insert  as  above)  cast  the 
following  number  of  votes  for  the  several  offi- 
ces and  persons  hereinafter  named,  viz  : 

For  Governor—  (names  of  persons  voted  for, 
number  of  votes  for  each  person  voted  for, 
written  in  full,  and  also  in  figures,  against  the 
name  of  each  person.) 

For  Lieutenant-Governor — (name  of  candi- 
dates, number  of  votes  cast  for  each  written 
out,  and  in  figures,  as  above.) 

Continue  as  above  till  the  list  is  completed. 
Attest :  I.  A.  B. 

Commanding  officer  of  the  (here  insert  regi- 
ment, detachment,  battalion,  squadron,  or  bat- 
tery, as  the  case  may  be.) 

Sec.  13.  The  Governor  of  this  Territory  is 
requested  to  furnish  each  commanding  officer, 
within  and  beyond  the  boundaries  of  said  Ter- 
ritory, proper  and  sufficient  blanks  for  said 
returns. 

Skc.  14.  The  provisions  of  this  Ordinance 
in  regard  to  the  soldiers'  Tote  shall  apply  to 
future  elections  under  this  Constitution,  and  be 


CONSTITUTION.  855 


Electtion  Ordinance. 


twenty-eighth  day  of  July,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty- 
four,  and  of  the  Independence  of  the  United 
States  the  eighty-ninth,  and  signed  by  the  Del- 


in  full  force  until  the  Legislature  shall  pro- 
vide by  law  for  taking  the  votes  of  citizens 
of  said  Territory  in  the  army  of  the  United 
States. 

Done    in  Convention,   at  Carson  City,  the 

J.  NEELY  JOHNSON, 
President  of  the  Convention,  and  Delegate  from  Ormsby  County. 
Wm.  M.  Gillespie  Secretary. 

HENRY  B.  BRADY Delegate  from  Washoe  County. 

E.  F.  DUNNE , Delegate  from  Humboldt  County. 

J.  G.  McCLINTON Delegate  from  Esmeralda  County. 

G.  N.  FOLSOM Delegate  from  Washoe  County. 

F.  H.  KENNEDY Delegate  from  Lyon  County. 

W.  W.  BELDEN Delegate  from  Washoe  County. 

F.  M.  PROCTOR Delegate  from  Nye  County. 

ALBERT  T.  HAWLEY Delegate  from  Douglas  County. 

GEORGE  L.   GIBSON Delegate  from  Ormsby  County. 

F.  TAGLIABUE Delegate  from  Ny^  County. 

WILLIAM   WETHERILL Delegate  from  Esmeralda  County. 

JOHN  A.  COLLINS Delegate  from  Storey  County. 

JAMES  A.  BANKS Delegate  from  Humboldt  County. 

J.  S.  CROSMAN Delegate  from  Lyon  County. 

SAMUEL  A.  CHAPIN Delegate  from  Storey  County. 

C.  M.  BROSNAN Delegate  from  Storey  County. 

JOHN  H.  KINKEAD Delegate  from  Ormsby  County. 

GEORGE  A.  HUDSON Delegate  from  Lyon  County. 

ISRAEL  CRAWFORD Delegate  from  Ormsby  County. 

A.  J.  LOCKWOOD Delegate  from  Ormsby  County. 

H.  G.  PARKER Delegate  from  Lyon  County. 

J.  H.  WARWICK Delegate  from  Lander  County. 

C.  E.  DeLONG Delegate  from  Storey  County. 

LLOYD  FRIZELL Delegate  from  Storey  County. 

GEORGE  A.  NOURSE Delegate  from  Washoe  County. 

B.  S.  MASON Delegate  from  Esmeralda  County. 

ALMON  HO VEY Delegate  from  Storey  County. 

THOMAS  FITCH Delegate  from  Storey  County. 

J,  W.  HAINES Delegate  from  Douglas  County. 


INDEX 


OP 


DEBATES  AND  PROCEEDINGS. 


INDEX  OF  DEBATES. 


Page. 
Ab.sexce  from  State,  of  Judicial  officers. . .  678 
Absence,  leave  of.  [See  leave  of  ab.sence.] 
Absent  members,  resolution  relative  to  del- 
egates casting  vote  of.  [See  proxies.] 
Actions  at  Law.  transfer  of  from  Terri- 
torial to  State  Courts 631 

Additional  compensation  of  officers  and 

employe's  of  the  Convention. .  .273,  274, 
804,  806,  827 

Remarks  of 

Mr.  Banks 80,5,  827 

Brosnan 274,  804 

Chapin 804,  805,  806 

Collins 805 

Crawford 2i  4 

DeLong 273,  804,  805,  806 

Dunne 273 

Fitch 273,  274 

Gibson 804,  805,  806 

Johnson 804,  805 

Kinkead 806,  827 

Mason 804,  805 

Parker.^ 804  805 

Sturtevant 774 

Warwick 273 

Wetherill 805 

Address   to   the   People,  appointment  of 

Committee  to  prepare 698,  699 

Remarks  of 

Mr.  Banks 699 

Chapin 699 

DeLong 698,699 

Johnson 699 

Proctor 699 


Adjournment,  in  honor  of  Independence  Day,  3 

Remarks  of 

Mr.  Ball •  3 

Fnzell 3 

Gibson 3 

Nourse 3 

Sturtevant 3 

Tozer 3 

Adjockn-ment  of  Legislature  from  time  to 

time 142 

Remarks  of 

Mr.  Fitch 1*2 

Warwick 1*2 

Adjournment  of  Legislature  by  Governor,  158 
Adjournment  over  of  Convention,  175,  387,  436, 

639 
Remarks  of 

Mr.  Brady 639 

Brosnan 175 

Chapin 639 

DeLong 175 

Dunne 639 

Hawley 387 

Adjournment  sine  die  of  Convention,  pre- 
amble and  resolutions  for 9,  10,  274 

Remarks  of 

Mr,  Banks H-  12,274 

Brosnan l^i  274 

Chapin 13 

Collins 11 

Crosman 12,  13 

DeLong 10-13 

Dunne 9-12,  274 

Earl 13 


860 


INDEX   OF   DEBATES. 


Assembly. 


Mr.  Fitch 11,  13 

Gibson 12,  13 

Hawley 11,12 

Johnson 12,  13 

Kinkead 13 

Nourse 11,  13,  14 

Parker 11 

Tozer 11,  12,  13 

ADJorRXMENT  Sine  die  of  Convention.  .828,  829 
liemarks  of 

Mr.  Johnson 828,  829 

Admission  to  State  University.     [See  State 

University.] 
AFFiRM.iTiox,  provision  for.  [See  oath  of  ofiBce.] 
Agriccltlral  Department.    [See  State  Univer- 
sity.] 
Aid  of  Slate  to  corporations  prohibited..   166 

[See  Pacific  Railroad.] 
Allegiance.     [See  paramount  allegiance.] 
Amendatory  Bills,  provisions  concerning, .  .  143 
Amendments,  Article  on — 

Referred  to  Committee  of  the  Whole.  .466 
Considered  in  Committee  of  the  Whole, 

526,  532 

Considered  in  Convention 540 

Amended  on  report  of  Committee  on 

Phraseology  and  Arrangement. . . .  583 
Final  revision  of 810,  811 

Remarks  of 

Mr.  Banks 526-332 

Brosnan 527-531 

Chapin 529 

Collins 526 

DeLong 810,  811 

Dunne 528,  531,  532 

Earl 531 

Frizell 527,  529 

Gibson 527,  532 

Hawley 811 

Lockwood 527.  529 

Mason 531,  532 

McClinlon 530,  531,  5.32 

Nourse 526,  527,  528,  81 1 

Proctor 810 

AVarwick 526 

Amendments,  resolution  (substitute)  requiring 

members  to  hand  in 21,  22.  24 

Anno  Domini,  initials  of  ("A.  D.")  to  be  insert- 
ed wherever  a  year  is  mentioned  as  a 

date 810 

Appointment  of  Committees.  [See  Committees.] 


Page. 

Appointme.vt  of  officers  not  specified 613 

Apportionment  of  representation  to  be  accord- 
ing to  population, 66 

Apportionment  of  representation  in  Legis- 
lature   632-638,  812 

Remarks  of 

Mr.  Banks 634,  637 

Chapin 634,  638 

Collins 632,  633,  634,  636,  637,  638 

DeLong 812 

Dunne '. . .  632-635,  637 

Frizell ^..635,  636 

Johnson 634,  635,  637 

Kennedy  632,  633,  635 

Mason 635,  636,  637 

Murdock 812 

Warwick 635,  636 

Wetherill 637 

Appropriations,  limitation  of.    [See  Taxa- 
tion and  Appropriations.] 
Appropriations  of  public  lands  for  school 

purposes.     [See  public  lands.] 
Appropriations  for  standing  army  in  time 

of  war  limited 65 

Appropriations,   no  money  to   be   drawn 

from  treasury  except  upon 146 

Army,  standing,  not  to  be  maintained  in 

time  of  peace 65 

Army  appropriations  for  in  time   of  war 

limited 65 

Arrangement  of  Articles  in  Constitution, 

79,  80,  230 
Remarks  of 

Mr.  Banks 79 

Chapin 80 

Hawley 79 

Johnson 79,  80 

[See  phraseology  and  arrangement.] 
Arrest,  qualified  electors  exempt  from  on 

election  day Ill 

Arrest,  members  of  the  Legislature  privil- 
eged from 142 

Ashim,  Master  G.,  admitted  to  seat  as  ama- 
teur phonographic  reporter 74 

Asse.mble,  right  of  the  people  to 63 

Assembling  of  Convention  on  first  day  of 

session 1 

Assembly,  members  of,  when  chosen.  [See 

election.] 
AssE-MBLY,  rules  of  last  Territorial,  adopted,      7 


INDEX   OF   DEBATES. 


861 


Banks. 


AssEMBLTMEN,  qualifications  of 140 

AssEMBLTMEx,  tcrms  of 695 

Remarks  of 

Mr.  Crosman 695 

DeLong 695 

Dunne 695 

Frizell 695 

Assistant  Secretary.     [See  Secretary.] 
AssUiMPTiON  of  municipal  debts.     [See  mu- 
nicipal indebtedness.] 
Assumption  of  Territorial  debts,  by  State. 
[See  Territorial  debts  and  liabilities.] 

Attainder,  bill  of,  not  to  be  passed 66 

Attendance  of  members   of    Legislature 

may  be  compelled 142 

Attendance  on  Schools.    [See  compulsory 
attendance.] 

Attornet  General,  salary  of 600 

Auditor  of  State.     [See  State  Controller.] 
Auditors  of  Counties.     [See  County  Audi- 
tors.] 
Ayes  and  Noes,  "  Yeas  and  Nays  "  substi- 
tuted for 789,  796 

B 

BALL,  NATHANIEL  A.  H. 

Appointed  on  special  committee  on 
number  and  compensation  of  subor- 
dinate officers  of  Convention 6 

Credentials  of 3 

Granted  leave  of  absence 447 

Made  report  from  special  committee 
on  number  of  subordinate  officers  of 
Convention,  and  their  compensation      7 

Moved  adjournment  in  honor  of  Inde- 
pendence Day 3 

Moved  appointment  of  special  commit- 
tee on  number  and  compensation  of 
subordinate  officers  of  Convention.       6 

Offered  resolution  concerning  subordi- 
nate officers,  and  their  compensation       6 

Remarks  upon 
Adjournment  in  honor   of    Indepen- 
dence Day 3 

Declaration  of  Rights 64 

Officers  of  Convention,  and  their  com- 
pensation    6,  8 

Preamble,  and  name  of  State 33,  35 

Privileges  and  immunities 64 

Special  legislation 64 


Taxation 421,  431,  443 

Bail,  excessive  not  to  be  required 59 

Bailable,  all  persons  to  be,  except  in  cer- 
tain cases 59 

Ballot,  all  elections  to  be  by Ill 

Ballot,  for  Secretary  of  Convention 5 

Banking  System 163-165,  202,  451-458 

Remarks  of 

Mr.  Banks 163,  164,  165,  453 

Brosnan 451,  453 

Collins 451,  453,  455,  456,  457 

Crosman 451  452,  453 

DeLong 451-454,  456,  457,  458 

Dunne 457 

Earl 163,164,454 

Fitch 164,  165 

Folsom 451 

Hawley 453 

Hovey 163,  202 

Johnson 164,  165,  454 

Lockwood 164 

McClinton 454,  455 

Nourse 163,  164 

Parker 454 

Sturtevant 451 

Tozer 458 

Warwick 163,  165 

BANKS,  JAMES  A. 

Appointed  on  Committee  on  Address 

to  the  People 699 

Appointed  on  Committee  on  Phraseol- 
ogy and  Arrangement 84 

Appointed  on  Committee  on  Rules  and 

Order  of  Business 6 

Appointed  on  Special  Committee  to 
amend  Section  3  of  Article  on  Mis- 
cellaneous   Provisions    relative   to 

dueling 669 

Credentials  of. 3 

Granted  leave  of  absence 193 

Made  report  from  Committee  on  Phrase- 
ology and  Arrangement 583 

Made  report  from  Special  Committee 
to  amend  Section  3  of  Article  on 
Miscellaneous  Provisions  relative  to 

dueling 688 

Moved  evening  sessions 75,  110 

Offered  resolution  requiring  Judiciary 

Committee  to  report 534 

Offered  resolution  relative  to  jurisdic- 
tion of  Justices  of  the  Peace 688 


862 


INDEX   OF   DEBATES. 


Banks. 


Page. 
BANKS,  JAMES  A. 

Bemarks  upon 
Additional    corapensiitioa  of   officers 
and  attaches  of  Convention  .  . .  .80,5,  827 

Address  to  the  people 699 

Adjournment  sine  die 11,  12,  2/4 

Adoption  of  Jefferson's  Manual S8 

Amendments  of  the  Constitution,  .52(;-.530 
Appointment  of  Judiciary  Committee.74,  75 
Apportionment  of  representation .  634,  637 

Banlving  system 1«3,  1(;4,  l(i.5,  4.53 

Basis  of  Constitution 23,  24 

Board  of  Examiners l**! 

Bribery ^"^^ 

Business  in  the  hands  of  Committees.  534 
Clerks  of  County  Commissioners. 791,  795 
Commencement  of  terms  of  Judges.  .   708 
Compensation  of  Members  of  the  Leg- 
islature     281 

Compensation    for    private    propei-ty 

taken  for  public  use <>0.  62 

Compulsory  attendance  on  schools,  572, 574 

Continuation  of  County  Officers 690 

Corporations,  Article  on. .  .  .162-lGti,  204, 
205,  212.  216,  218,  404.  453,  477.  494.  806 
Corporations  created  under  Territorial 

laws ^^'-^ 

County  Courts 640 

Court  fees •' 677,73.5,736,739 

Courts  in  Storey  County,  617,  647,  651,  653. 
654,  655,  658,  674,  714,  715 

Day  of  Election 275,  284 

Day  of  Election  on  the  Constitution,  767. 

769, 772,  827 

Declaration  of  lights,  11.  42,  52,  53,  59,  60, 

62, 63,  465,  774, 778.  781-784 

Disfranchisement  of  rebels 91,  96,^97 

Distribution  of  powers 78/ 

District  Coiirts  and  Judges,  651,  653,  (;54. 

655,  658,  714.  715,  716,  718,  721 

Dueling,  105,  106,  107,  663,  665,  667,  671), 

671,  672 
Education,  448,  572, 574, 577-580,  585,  591, 

592,  661 
Election  Ordinance,  623,626-630,  767,  769. 

770,772 

Engros-sment ' "*'  '  ' 

Encrossmcnt  of  Journals  of  the  Con- 

,.  827 

vcntion 

Enrollment .535,72.5,793,797 

Equity  jurisdiction :;"^'t''T~ 

Evening  sessions 75,  76,  77,  9;> 


Page. 
Executive  Department.  .158-161,  798,  799 
Final  enrollment  of  the  Constitution.  725 

Final  passage  of  bills 143,  144,  145 

Final  revision  of  the  Constitution. . .  .   779 

Finance  and  State  debt 807 

Grand  Jury  system 774 

Granting  leave  of  absence 639,  698 

Homestead  Exemption 153,  282,  286 

Impeachment  and  Removal,  542,  543,  549, 

550,  551,  553-557,  564,  806,  807 

Increase   or  diminution  of   salaries,   614, 

615,  616 
Instructions  to  Judiciary  Committee,  233, 

234,  243 

Judicial  Department,  233,  234,   243,  617, 

620,  622,  641,  642,  647,  649.  651,  653,  654, 

655,  658,  674-677,  680.  681,  688.  689,  691, 

701,  702,  70.3,  713-716,  718,  721, 723-728, 

732,  733,  735,  736,  739,  740,  799-803 

Justice's  Courts,  675,  678,  679,  701,  702, 

707.  723-728 

Legislative  Department,  139,  142-145,  147, 

148,  151,  153,  156.  275,  276,277,279,281, 

282, 284,  286.  305,  310.  313,  788,  791,  795, 

796, 797 

Legislative  se.ssions 139,  696 

Lieutenant  Governor's  duties 160 

Limitation  of  debate 584 

Limitation  of  taxation  and  appropri- 
ations  757,  760,  763,  815.  816,  817 

Memorializing    Congress    concerning 

the  Judiciary  System 172 

Miscellaneous  provisions.  609, 611,  612,  614, 

615,  663,  665,  667,  670,  671.  672,  810 

Mode  of  procedure  of  Convention.  .40,  41 

Municipal  Courts 732,  733,  799 

Municipal  loans 218 

Oath  of  olTice,  105,  106,  107,  663,  665,  667, 

670,  671,  672 

Oath  prescribed  for  voters,  246,  254,  257, 

268,  270,  487,  489,  490,  492,  493 

Official  bonds  of  State  officers 710 

Offices  of  County  officers 611,  612 

Ordinance  concerning  slavery,  relig- 

ous  toleration,  and  public  lands. 50,  780 

Pacific  Railroad,  166,  204,  205,  212,  216, 

404,  477,  494 

Fararaount  allegiance,  41, 42, 52,  53,  57, 781 

Fardoning  power •    159 

Phraseology  and  arrangement  of  arti- 
^.les 79,230,231 


INDEX  OF  DEBATES. 


863 


Bills. 


BANKS,  JAMES  A. 

liemarks  upon 

Poll-Tax 113,  114,  146,  535,  786 

Postponement  of  article  on  Judicial 

Department 620.  621,  622 

Postponement  of  Taxation 807 

Preamble  and  name  of  State 33,  40 

Printing  Rules  of  Convention 38 

Privileges  and  immunities 63 

Proliibition  of  Slavery 50,  67,  783 

Provisions  for  Scliool  Fund 580 

Publication  of  the  Constitution 776 

Public  Institutions 539 

Qualifications  of  State  ofiBcers 598 

Qualifications  of  voters  upon  the  Con- 
stitution  124,  125,  130,  131,  132 

Registry  Law 785 

Religious  toleration 59 

Residence  of  voters 70,  71,  108,  785 

Resolution  of  thanks  to  officers,  etc., 

of  Convention 828 

Right  of  defending  in  person 782 

Right  of  suffrage,  70,  71,  91,  96,  97,  105- 

109, 113, 114, 124,  125,  130,  131,  132, 146, 

246,  254,  259,  268,  270,  467,  487,  489,  490, 

492,493,  535,  785,  786 

Right  of  way 163 

Salaries,  506-509,  521,  522,  595,  598,  599, 

600,  604 

Salaries  of  Judges 600,  803 

Salary  of  Secretary  of  State 598 

Schedule,  634,  637,  696, 705-708,  710, 757, 
760,  763,  812,  815,  816.  817 

Seat  of  Government 609 

Sectarian  Instruction  in  Public  Schools, 

577,  579,  661 

Seizures  and  searches 784 

Sessions  of  the  Legislature.  .  .139,  696,  788 

Slander  and  libel 778 

Soldiers  votirig 109,  467 

Sole  Traders 276,  277 

Special  legislation. .  .63,  147,  148,  151,  279 

Special  School  Tax 591,  592 

State  Seal 160 

State  University 585 

Substitution  of  "  yeas  and  nays  '■  for 

"  ayes  and  noes  " 796 

Supreme  Court.  .641,  642,  649,713,  740,  810 

Taxation,  222-225,  358,  359,  360,  371,  383, 

385,  386,  410,  417,  420,  422,  423, 427, 431, 

432,  436,  444,  446,  447,449,450,513,515, 

518,  520 


Page. 

Taxation  of  Corporations 162 

Time  of  first  session  of  the  Legisla- 
ture  305,  310 

Time  of  maintaining  District  Schools.  577, 

578, 579 
Terms  of  Courts. . .  .675,  705,  706,  707,  721 

Terms   of  Senators 812 

Trial  by  jury 53,  57 

Vacancies  in  office 158,  702,  703,  705 

Veto  power 313,  797 

Basis  of  Constitution,  as  adopted 24-33 

Read  by  title 41 

Resolution  to  adopt  as  basis  the  Con- 
stitution framed  by  former  Conven- 
tion   9,  14^24 

Remarks  of 

Mr.  Banks 23,  24 

Brosnan 23 

Chapin 14,  16,  22 

Collins 19 

Crosman 22 

DeLong 14,  15,  16,  20,  21,  22 

Dunne 16 

Earl 21,  22,23 

Fitch 17,  21,  22  23 

Hawley 22 

Johnson 17,  22 

Nourse 14,  18,  22 

Tozer 18 

BELDEN,  W.  W. 

Appointed  on  Committee  on  Phrase- 
ology and  Arrangement 84 

Appointed  on  Committee  on  Schedule  447 

Credentials  of. 4 

Granted  leave  of  Absence.  .  .128,  193,  447 
Moved  to  amend  rules  so  as  to  limit 

speeches  to  fifteen  minutes 37 

Offered  resolution  limiting  speeches  to 
fifteen  minutes 36 

Remarks  upon 

Limitation  of  speeches 36 

Taxation 333,  417,  425 

Biennial  Sessions.     [See  Sessions  of  the 

Legislature.] 
Bills,  final  passage  of. . .  143, 144,  145,  789,  790 
Remarks  of  ' 

Mr.  Banks 143,  144,  145 

Chapin 144 

DeLong 790 

Dunne 144 


864 


INDEX  TO  DEBATES. 


Brosnax. 


Page. 

Mr.  Fitch IM,  145 

Johnson 144 

Proctor 144 

Sturtevant 144 

Proctor 144 

Warwick 144 

Bills,  may  originate  in  either  house  of  the 

Legislature 143 

Biui5,  provisions  concerning 143 

BoAiiu  of  Examiners llil 

Remarks  of 

Mr.  Banks 161 

Brosnan IKl 

Collins 161 

DeLong 161 

Johnson 161 

Lockwood 161 

Board  of  Pardons.     [See  Pardoning  Power.] 
Board   of  Regents 580,  588,  589 

Remarks  of 

Mr.  Brosnan 589 

Chapiu :    588,589 

Collins 589 

Dunne 589 

Frizc-U 589 

Hawiey 589 

Nour.-e 588,589 

Board  of  Slate  Prison  Commissioners 1(11 

Bo.NDS  of  State  Oflficers.  [See  OfiBcial  Bonds.] 
Boundary,  Article  on — 

Referred  to  Committee  of  the  Whole .  .   46(i 
Considered  in  Committee  of  the  \\  hole, 

524,  52G 

Considered  in  Convention 539,  540 

Final  revision  of 809 

Remarks  of 

Mr.  Brosnan 525,  540 

Chai)in 525.  526.540 

Collins 540 

Dunne 625 

Johnson   540 

Nourse 525,  540 

Warwick 525,  52li 

Boundary    Memorial    to   Congress,   intro- 
duced and  passed 793-795 

Remarks  of 

Mr.  Chapin ''•>'^-  "i^-i 

Collins 794,795 


Mr.  Gibson 794 

Johnson 793,  794,  795 

Kinkead 794 

Lockwood 794 

Proctor 794 

BRADY,  H.  B. 

Appointed  on  Committee  on  Phrase- 
ology and  Arrangement 84 

Credentials  of 4 

Granted  leave  of  absence 639,  742 

Moved  adjournment  over 639 

Remarks  upon 

Adjournment  over 639 

Leave  of  absence 742 

Bribery 141,  142 

Remarks  of 

Mr.  Banks 142 

Brosnan 141 

llovoy 142 

Johnson 141 

Lockwood  ...    141 

BROSNAN,  CORNELIUS  M. 

Appointed  to  prepare  an  introduc- 
tion to  volume  of  Debates  and  Pro- 
ceedings, embracing  a  brief  outline 
history  of  Territory  of  Nevada. . . .  746 

Appointed  on  Committee  on  Address 
to  the  People 699 

Appointed  on  Commmiltee  on  Judici- 
ary       75 

Api><»inted  on  Committee  on  Phrase- 
ology and  Arrangement 84 

Api)ointed  on  Special  Committee  to 
draft  voters"  oath 268 

Appointed  on  Special  Cminniltee  to 
supervise  final  ciiiolhiK'nt  of  the 
Constitution 725 

Credentials  of 3 

Elected  President  pro  lem  of  the  Con- 
vention         1 

Made  report  from  .Jiiiicl.iry  Commit- 
tee    536,  537 

Moved  ailjuiirnmi-ii!  over  of  Conven- 
tion    175 

Moved  10  instruct  Ci.nmiittee  on  Rules, 
etc.,  to  report 7 

(Jtlered  resolution  adding  section  to 
sciiedule  attaching  Roop  County  to 
Washoe  for  certain  purj»<>ii'.  . .   773,  774 


INDEX   OF   DEBATES. 


865 


Bkosnan. 


Page 
BROSNAN,  CORNELIUS  M. 

Oifercd  resolution  adding  section  to 
schedule    relative    to    transferring 

cases  from  Probate  Courts 741 

Offered  resolution  to  apjioint  Commit- 
tee on  Phraseology  and  Arrange- 
ment       84 

Offered  resolution  fixing  the  hours  of 

daily  session 36 

Offered  resolution  transferring  Article 

on  Salaries  to  Schedule 641 

Offered  resolution  to  amend  Section  8 
of  the  article  on  Declaration  of 
Rights    in    regard    to   indictments, 

etc 774,  775 

Offered  resolution  to  amend  Section 
14  of  the  article  on  Declaration  of 
Rights  in    regard    to   slander  and 

libel 778 

Offered  resolution  providing  for  the 
engrossment  of  the  Journals  of  the 

Convention S26 

Bemarks  upon 
Additional    compensation   of    officers 
and  attaches  of  the  Convention,  274.  804 

Adjournment  sine  die 10,  274 

Amendment  of  the  Constitution  .  .527-331 
Appointment  of  Judiciary  Committee, 

74,  75 
Attaching  Roop  to  Washoe  County  for 

certain  purposes 773 

Banking  system 451,  453 

Basis  of  Constitution 23 

Board  of  Examiners 161 

Board  of  Regents 589 

Boundary 525,  540 

Bribery 141 

Business  in  the  hands  of  committees. .   534 

Clerks  of  County  Commissioners 791 

Commencement  of  terms  of  Judges. .   70S 
Compensation  of  members  of  the  Leg- 
islature   314,  607 

Compulsory  attendance  on  schools. . .  567 
Contingent  expenses  of  the  Legisla- 
ture     607 

Corporations.  .167,  207,  389,  404,  405,  449, 
451,  453,  477,  806 

County  Courts 648,  706 

Court  fees 677,  814 

Courts  in  Storey  County. 648,  654-657,  714 

Day  of  Election 139,  140,  284 

A  29 


Day  of  Election  on  the  Constitution.  .768 

772,  786 

Declaration  of  Rights.  .  .42,  49,  52,  56,  59, 

65,  66,   67,   196,   197,  774,  775,  777,  778, 

781-784 
District  Courts  and  Judges.  .651,  653-657, 

713-721 

Dueling. .  .105,  609,  GG4,  667,  669,  777,  778 

Education  . ,  .  .566,  567,  568,  577,  579,  586, 

589,  590,  592,  660,  661 

Election  Ordinance 7G8,  770,  772 

Engrossment 73 

Engrossment  of   the  Journals  of  the 

Convention 826,  827 

Enrollment 584,  585 

Equity  jurisdiction 676,  728,  729 

Evening  sessions 127,  128 

Executive  Department.  .159,  160,  161,  250 

Fees  of  City  Recorders 739,  775 

Finance  and  State  debt 807 

Grand  Jury  system 196,  197,  774 

Granting  leave  ofabsence,128, 583, 638, 742 

Homestead  exemption 311,  790 

Impeachment  and  removal  from  office,  541- 
544,  552,  553,  554,  557,  640,  744  807 

Increasing  Judiciary  Committee 174 

Instructions  to  Judiciary  Committee. .  233, 

234,  243 

Judicial  Department,  74,  75,  233,  234,  243, 

538,  641,    643,    648.   649,    651,    653-657, 

674-677,    679,   680,   685,  686,    690,    691, 

700-703,    712-721,   724,   726,   728,  729, 

733,  739,  799-803 

Justices'  Courts.. 679,  680,  685,  686,  690, 

691,  700,  701,  702,  706,  724, 726, 728,  729, 

733,  774 

Legislative  Department.  139, 140,  141,  149, 

154,  278,  284,  308,  311,  314,  466, 788-791, 

796,  797 
Limitation  of  taxation  and  appropri- 
ations  764,  793,  807,  815,  816,  821 

Memorializing    Congress    concerning 

Judiciary  system 173 

Miscellaneous  provi.sions. . .  .609,  610.  613, 

614,  664,  667,  669,  670,  746,  810 

Oath  of  office.  .105,  609.  664,  667,  661,  670 

Oath  prescribed  for  voters. .  .263,  264,  268 

479,  480,  492 

Official  bonds  of  State  officers 707,  748 

Official  designation  of  State  Controller  614 
Ordinance  concerning  religious  toler- 
ation, slavery,  and  the  public  lands .   780 


866 


INDEX   OF   DEBATES. 


Chapix. 


Page. 
BROSNAN,  CORNELIUS  M. 

Bemarks  upon 
racitic  Railroad.  1()7,  207,  389. 404.  405. 44^ 

raramount  allegiance 42,  4!),  52,  781 

Pardoning  power 159 

rer.-5onal  explanations 535,  536 

Toll  Tax.  .114,  115,  ll/i,  120.  121. 122, 145. 

140.  272 
Postponement  of  Judicial  Article. . . .   674 

Privileges  and  immunities 65 

Prohibition  of  Slavery    66,  783 

Publication  of  laws  and  judicial  decis- 

ioa.s 613 

Public  institutions .  539 

Qualifications  of  voters  upon  the  Con- 
stitution  124,  134,  135,  136 

Registry  Law Ill,  785 

Religious  toleration 59 

Residence  of  State  officers 161 

Residence  of  voters 73 

Resolution   adopting    Constitution   of 

the  United  States 51 

Right  of  defending  in  person 782 

Right  of  suffrage. .  .73,  105,  108-111,  114, 

115,  116,  120,  121,  122, 124, 134, 136,  145, 

146,  251,  252,  263,  264,  268,  272,  479,  480, 

484,  492,  785,  786 

Rules  and  order  of  bu.siness 7 

Rules  of  Convention 36 

Salaries  .  .508,  513,  521,  522,  524,  595,  601, 
607,  640,  641 

Salaries  of  Judges 601,  803,  813,  814 

Salary  of  Secretary  of  State 598 

Schedule.  .705-708,  710,  748,  752,  764,  773, 
812-816,  821 
Sectarian   instruction    in    tln'   ])ublic 

schools 577,  579,  660,  661 

Seizures  and  searches 783,  784 

Senatorial  Districts 788 

Sessions  of  the  Legislature 139,  788 

Slander  and  libel 777,  77H,  783 

Soldiei-s"  vote.  .108,  109,  110,  251,  252,  271 

Sole  traders 154,  278 

Special  legislation <i5,  144,  466 

Special  school  tax 592 

State  seal 1(;0 

State  University 586,  589,  590 

Sub.stitution  of  "yeas  and  nays"  for 

"  ayes  and  noes  " 796 

Supt  of  Public  Instruction.  .566,  567,  5(.8 
Support  of  local  oflicers 710 


Page. 

Supreme  Court. . .  .041,  643,  649,  711.  712, 

713.  740,  800,  801 

Surveyor  General 250 

Taking  chair  as  President  pro  tern. ...       1 

Taxation.  .351,  352,  378.  406.  411,  412,  415, 

410,  428,  433,  436,  437,  438,  514,  515 

Term  of  office  of  State  officers. .  .610,  707 

Terms  of  Courts 675,  706,  721 

Terms  of  Senatore 812 

Time  of  first  session  of  the  Legislature  308 
Time  of  maintaining  district  s  chools.  .577 

579 

Treason (57 

Trial  by  jury 56 

Vacancies  in  office 702,  703.  710 

Veto  power 797 

BusixKss  before  the  committees.  .534,  584,  616 
liemarks  of 

Mr.  Banks 534 

Brosnan 534 

Chapin 534.  016 

Collins 531 

Dunne 534,  584.  OKi 

Johnson ilKi 

Lockwood 534 

McClinton 5:i4 

O 

C.VLLS  of  the  Convention.  .2.  193,  304,  310,  405, 
465,  617,  681,  697,  749,  773,  779, 792,  793, 
799,-  8U0,  804 
Canvass.     [See  election  returns.] 
Capital  of  State.  [See  seat  of  government.] 

Capital  offenses  not  bailable 59 

Capitol  buildings,  restriction  as  to  ai)pro- 

priations  for 608 

Car.son  City,  designated  as  seat  of  govern- 
ment     008 

Cakson,  Thomas,  elected  Sergeant-at-Arms      8 
[See  Sergeant-at-Arms.] 

CEX.SUS 614,  615,  744,  745 

liemarks  of 

Mr.  Ciiapin 744 

Dunne 014 

Nourse 614 

Cu.iNGK  of  salaries  restricted 61,3,  614 

[See  salarie.-^.] 
CHAPIN.  S  VMUEL  A. 

Appointed  on  Committee  on  nninlier 
and  compensation  of  subordinate 
officers  of  the  Convention 


INDEX  OF   DEBATES. 


867 


Chapin. 


Page. 
CHAPIN,  SAMUEL  A. 

Appointed  on  Committee  on  Publica- 
tion of  tlie  Constitution 777 

Appointed  on  Committee  on  State  Seal    75 

Appointed  on  Special  Committee  to 
amend  schedule  relative  to  limit- 
ation of  taxation  and  appropriations  7G5 

Appointed  on  Special  Committe  to 
wait  on  Judg-e  S.  C.  Wright 4 

Credentials  of  3 

Granted  leave  of  absence 447 

Made  report  from  Committee  on  State 
Seal 583 

Made  I'eport  from  Sj^ecial  Committee 
appointed  to  amend  schedule  re- 
specting limitation  of  taxation  and 
appropriations 765 

Moved  appointment  of  Committee  on 
State  Seal 75 

Moved  appointment  of  Committee  to 
wait  on  Judge  S.  C.  Wright,  and  re- 
quest him  to  administer  oath  of  of- 
fice to  members 4 

Moved  reference  of  articles  passed  to 
Committee  on  Phraseology  and  Ar- 
rangement      202 

Moved  election  of  Secretary 5 

Moved  vote  of  thanks  to  Hon.  Leland 
Stanford 300 

Nominated  Andrew  J.  Marsh  as  Official 
Reporter  of  the  Convention 8 

Nominated  John  H.  Collins  as  Presi- 
dent of  the  Convention 5 

Offered  resolution  and  memorial  to 
^        Congress  concerning   boundary    of 

State 494 

Offered  resolution  instructing  Commit- 
tee on  Re-enrollment  to  furnish  cer- 
tified copy  of  Constitution  to  Com- 
mittee on  Publication  of  the  Consti- 
tution      82(j 

Offered  resolution  providing  for  the 
publication  of  the  Constitution. 775,  776 

Offered  resolution  relative  to  contents 
of  volume  of  debates  and  proceed- 
ings     746 

Offered  resolution  relative  to  disposi- 
tion of  minutes  of  the  Convention.   746 

Offered  resolution  relative  to  forward- 
ing Constitution  to  President  of  the 
United  States 698 


Page. 
Offered  resolution  to  adopt  Jefferson's 
Manual  for  the  government  of  the 

Convention 39 

Offered  resolution  to  adopt  Constitu- 
tion framed  by  former  Convention 

as  a  basis 9,  14 

Offered   resolution    to   appoint   addi- 
tional members  of  Committees. . . .   23 J 
Offered  resolution  to  appoint  Commit- 
tee on  Final  Enrollment  of  the  Con- 
stitution     724 

Offered  resolution  to  procure  a  State 

seal C98 

Bemarks  upon 
Additional  compensation  of  officers  and 

attaches  of  the  Convention .  804,  805,  806 
Adjournment  in  honor  of  Independ- 
ence Day 3 

Adjournment  over  of  Convention. . . .   639 

Adjournment  sine  die 13 

Adopting   Jefferson's  Manual  for   the 
government  of  the  Convention....     38 

Amendments  of  the  Constitution 529 

Apportionment  of  representation. 634,  638 

Arrangement  of  articles 80 

Basis  of  Constitution 14,  16,  22 

Board  of  Regents  of  State  University, 

588,  589 

Boundary 525,  526,  540 

Boundary  Memorial 793,  794 

Business  before  committees 534,  616 

Census 744 

Compensation  of  Official  Reporter  of 

the  Convention.. 751 

Compensation  of  members  of  the  Legis- 
lature    157 

Compulsory  attendance  on  the  public 

schools 567,  572 

Contingent  expenses  of  the  Legisla- 
ture   157,  607 

Corporations.  .162,  165,  166,  170,  206,  207, 

208,  402 

County  Auditors 279 

Court  fees 735,  736 

Courts  in  Storey  County 647,  651,  659 

Day  of  election  on  Constitution,  766,  767, 

768 
Declaration  of  Rights.  .56, 59,  196,  778,  781 

Disfranchisement  of  rebels 88 

District  Courts  and  Judges.  .651,  659,  715, 

71C 


868 


INDEX  OF  DEBATES. 


Chief  Justice. 


Page. 


107 


CHAPIN.  SAMUEL  A. 

Remarks  upon 

Dui'ling 

Education.  .566.  567,572, 586-590.  661.  662  i 
Election  Ordinance. ..  .626.  629,766,767.] 

768,770 

Election  returns _','!' 

Engrossment '^'  ''^ 

Enrollment  of  the  Constitution.  .202,  585. 
724,  725,  741,  743 

Evening  sessions ^^-  127,  128 

Executive  Department.  .248,  249,  251,  797 

Final  passage  of  bills 14^^ 

Final  revision  of  the  Constitution...   779 

Finance  and  State  debt  ^"^^ 

Grand  Jury  system 19ji 

Granting  leave  of  absence.  .539,  638,  69 <, 

799 

Homestead  exemption 288 

Impeachment  and  Removal  from  Office,        I 

547,  807 { 
Increase  and  diminution  of  salaries. .  616 
Instructions  to  Judiciary  Committee, 

242,  243 

Judicial  Department. .  .242,  243,  617,  619. 

G'O    644,  647.   648,   651,  659,   682,  691, 

t'io'  716,  721,  722.  732,  733,  735,  736, 

739,  740,  799 

Justices'  Courts ««2,  691 

Lander  County  officers 747,  75^0,  -oj 

Legislative  Department.  144, 154, 157.  277, 
^  288,  307 

Limitation  of  debate 584 

Limitation  of  taxation  and  appropria- 
tions. .753-757,  764,  765,  792,  807,  815, 
816,  817,  819 
Memorializing    Congress  coucerning 
judicial   system I'^^i 

.  5*^4 

Militia ^-* 

Miscellaneous  Provisions. .  .610,  611.612. 
616,  744,  810 

Municipal  indebtedness 165,  166 

Oath  of  office 1^'^ 

Oath  prescribed  for  voters.  .244,  245,  246, 

253,  482,  487 

Official  bonds  of  State  officers. . .  .708,  748 

Offices  of  county  officers 612 

Ordinance  concerning  slavery,  relig- 
ious toleration  and  public  lands.  . .     50 
Pacific  Railroad  .  .170,  206,  207,  208,  296, 
298,  299,  300,  402 
J>ermaaent  organization 4 


Page. 

Poll  tax 121,  272 

Postponement  of  article  on  Judicial 

Department .' 617.  619,  620 

Preamble  and  resolution  adopting  the 
Constitution  of  the  United  States. .     51 

Printing  rules  of  Convention 38 

Prohibition  of  slavery 50 

Publication  of  Constitution,  775,  776,  826 
Qualifications  of  voters  upon  the  Con- 
stitution   13i,  138 

Religious  toleration 59 

Resolution  relative  to  forwarding  Con- 
stitution to  President  of  the  United 

States ^98 

Right  of  Suffrage.  .88,  107,  121.  134,  138, 
244.  245.  246,  252,  253.  272,  482,  487 

Rules  and  order  of  business 6 

Salaries.  .506,  507,  508,  512,  596,  599,  600, 

601,  607 

Salaries  of  Judges. 600,  601,  732,  811-814 

Salary  of  Secretary  of  State,  .      .596,  599 

Schedule... 634,   638.  708,  747,  748,  750, 

751,  753-757.  764.  765,  811,  813,  815, 

816,  817,  819 

Slander  and  libel 778 

Soldiers' vote 252 

Sole  traders 154,  277 

Special  school  tax 587,  588,  661,  662 

State  seal _. 698 

State  Uuiversity. .'. 586,  590,  661,  662 

Supreme  Court. . .  .644,  648,  740,  811,  812 

Surveyor  General 248.  249,  251 

Taxation.. 228,  229,  339,  340,  342,  349,  350, 
385,  416,  417,  418,  420,  423,  429.  442 

Taxation  of  corporations 162 

Term  of  office  of  State  officers. .  .610,  611 

Terms  of  Courts 721,  722,  748 

Time  of  the  first  session  of  the  Legis- 
lature     307 

Trial  by  jury 56 

Chaplains,  Clergymen  resident  in  Carson 

City  requested  to  act  alternately  as      8 

Chaplains,  compensation  of 8 

[See  additional  compensation.] 

Chaplains  notified  of  invitation 9 

Chauges  to  juries 676 

Chief  Justice,  selection  of.    [See  Supreme 

Court.] 
Chief  Justice  to  preside  over  Senate   in         j 

cases  of  impeachment,  etc 641 ' 

[See  Impeachment  and  Removal.] 


INDEX  OF  DEBATES. 


869 


Collins. 


City  Recorders,  fees  of 739.  775 

Bemarks  of 

Mr.  Brosnan 739,  775 

DeLong 739 

Johnson 775 

CmL  Cases,  verdicts  in.     [See  jury.] 
Clakk.  R.  G..  nominated  as  candidate  for 

Secretary  of  the  Convention 5 

CLKii£N3,   Orion,   (Territorial   Secretary.) 

Called  rolled  of  the  Convention  ....   1,  2 
Made  statement  concerning  stationery 

for  the  use  of  the  Convention 7 

Clergtmex.     [See  Chaplains.] 

Clerks  of  Couuty  Commissioners 791,  795 

Bemarks  of 

Mr.  Banks 791.  795 

Brosnan 791 

Collins 791.  795 

DeLong 791.  795 

Frizdl 791 

Kennedy 791 

Kinkead 791,  795 

McClinton 791 

Clerks,  resolution  authorizing  engro.s5- 
ing  and  enrolling  committees  to  ap- 
point       78 

Coat  of  Arms.     [See  State  Seal.] 
COLLINS,  JOHN  A. 

Appointed  on  Committee  on  Address 

to   the  People 699 

Appointed  on  Committee  on  Creden- 
tials         3 

Appointed  on  Committee  on  Educa- 
tion   448 

Appointed  on  Committee  on  Judiciary    75 
Appointed  on  Committee  on  Publica- 
tion of  the  Constitution 777 

Appointed  on-Committee  on  Rules  and 

Order  of  Business 6 

Appointed  on  Special  Committee  on 

Election   Ordinance C30 

Appointed  on  Special  Committee  to 
amend  schedule,  by  adding  a  section 
limiting  taxation  and  appropriations  765 
Appointed  on  Special  Committee  to 
amend  section  three  of  Article  on 
Miscellaneous  Provi-sions  in  regard 

to  dueling 670 

Credentials   of 3 

Declined  nomination  for  President ...       5 


Page. 

Introduced  Election  Ordinance 533 

Introduced  Ordinance  concerning  slav- 
ery, religious  toleration  and  the  pub- 
lic lands 50 

Made  report  from  Committee  on  Cre- 
dentials         3 

Made  report  from  Committee  on  Edu- 
cation    565 

Made  report  from  Committee  on  Rules 
and  Order  of  Business 7 

Made  report  from  Special  Committee 
on  Election  Ordinance 741 

Made  report  from  Special  Committee 
to  amend  section  three  of  Article  on 
Miscellaneous  Provisions  in  regard 
to  dueling 670 

Moved  appointment  of  Committee  on 
Credentials 3 

Moved  election  by  acclamation  of  J. 
Neely  Johnson,  as  President  of  the 
Convention 5 

Moved  reconsideration  of  vote  passing 
the  Resolution  adopting  the  Consti- 
tution of  the  United  States 51 

Moved  to  invite  Rev.  A.  F.  White  to 
open  the  Convention  with  prayer. .       2 

Otfered  preamble  and  resolution  adopt- 
ing United  States  Constitution. ...       6 

Offered  re.«olution  appointing  Commit- 
tee on  Education 447 

Offered  resolution  appointing  Commit- 
tee on  Rules  and  Order  of  Business      6 

Offered  resolution  relative  to  Justices 

of  the  Peace 683 

Bemarks  upon 

Additionf  1  coaipensation  of  officers  and 
attaclea  of  the  Convention 805 

Adjourrment  sine  die 11 

Adoption  of  United  States  Constitu- 
tion   6,51 

Amnndments  of  the  Constitution 526 

Apportionment  of  representation .  632,  633. 
634.  636.  637,  638 

Appropriation  of  public  lands  for 
school  purposes 580 

Banking  system. . .  .451,  453,  455,  456,  457 

Basis  of  Constitution 19 

Board  of  Examiners 161 

Board  of  Regents 589 

Boundary 540 

Boundary  memorial 794,  795 


870 


INDEX  OF  DEBATES. 


Collins. 


Page. 
COLLINS,  JOHN  A. 

liemark.'i  upon 

Business  before  Committees 534 

Clerks  of  County  Commissioners. 791,  795 
Compensation  of   subordinate  officers 

of  the  Convention 6,  805 

Compulsory  attendance  on  the  public 

schools 566,  567,  570,  571,  573,  574 

Continuance  of  rio:hts,  actions,  etc..  751, 752 

Corporations.  .167,  184-189,  395,  396,  397. 

451,  453-456,  469,  470, 497 

County  Courts 706,  707 

Court  fees  641.  737.  738,  803 

Courts  in  Storey  County,  646.  647,  648,  651 
Day  of  election  on  the  Constitution, 

766,  767,  768,  772,  773,  786 
Declaration  of  Rights,  article  on.  .59,  774 

781,782 
Declining  nomination  for  President  of 

the  Convention ". 5 

Disfranchisement  of  rebels.  .85,  89,  98-102 

District  Courts  and  Judges 651,  714 

Dueling,  107, 610,  66.3. 664, 665. 668. 670, 672 

Education. .  .  .447,  448,  556,  567-571,  573, 

574,  576,  577.580,  581,  .582,  585-590,  592 

594,  661,  662,  745,  808 

Election  Ordinance 532,  534,  622-630, 

766-773,  825 
Engrossment  of   the  .Journals  of  the 

Convention 827 

Evening  .sessions 76 

E.vecutive  Department 161,  798,  799 

Finance  and  State  debt 220 

Funds  for  new  school  districts  . .  .576,  577 

Grand  Jury  system 774 

Homestead  exemption  ..  .286-289,  310,  311 
Impeachment  and  Removal  from  Office, 

546,  547,  559,  560, 561 
Instructions  to  Judiciary  Committee, 

235.  236,  240 

Judicial  Department. .  .2.35,  236,  240,  619, 

620,  641,  646,  647.  648,  651.  679,  681,  682. 

683,  685,  687,  690,  691,  700,  702, 714,  737, 

738,  803 

Justices  of  the  Peace.. 679,  681,  682,  683, 

685,  687,  690,  691,  700,  702,  706,  707 

Legislative  Departm<;nt.  147-150,  286,  287, 

288,  306,  310,  311,  788,  791,  795,  796 

Limitation  of  debate 466 

Limitation  of  Slate  indebtedness 220 

Limitation  of  ta.xalion  and  appropri- 
ations. .763,  764,  792,  793,  819,  822,  823 


Page. 

Miscellaneous  Provisions.. .  .610,  611,  663, 

664.  665,  668,  670,  672,  810 

Oath  of  office 107,  610,  653,  664,  665, 

668,  670,  672 
Oath  of  office  of  nK'mb(.'rs  of  the  Con- 

vt'iition 4 

Oath  prescribed  for  voters.  .244,  253,  263 

Official  bonds  of  State  officers 708 

Ordinance  conci  ruing  slavery,  religi- 
ous toleration,  and  the  public  lands, 

50,  51,  780 

Pacific  Railroad. .  .167,  184-189,  293,  296- 

299.  395,  396.  397,  469,  470,  497 

Paramount  allegiance 59,  781 

Poll  Ta.x    145.146,786,787 

Postponemmit  of  Article  on  Judicial 

Department 619,  620 

Preamble  and  name  of  Slate 35 

Prohibition  of  slavery 50 

Provisions   relative  to  school   funds, 

580,  586 

Publication  of  Constitution •. .  777 

Qnalilicafous  of  State  officers. .  .597,  598 

Qualification   of  voters 785 

Qiialilication  of  voters  upon  the  Con- 
stitution. 123,  129,  130, 132. 135,  136,  787 

Religious  toleration ; 59 

Residence  of  State  Officers 161 

Residence  of  voters ; 71 

Right  of  defending  in  person 782 

Riiiht  of  Suffrage.  .71,  85,  89.  98-102,  107, 

123.  129,  130,  132,   134,   135,   136,  145, 

146,  244,  255,  263,  785,  786,  787 

Rules  and  Order  of  Business 6 

Sulanes.  .507,  510,  511,  596,  597,  599,  600, 

601 
Salaries  of  Supreme  Court  Judges.  600,  601 

Salary  of  Secretary  of  State 596.  597 

Salary  of  State  C..ntroller 599,  600 

Scheduh!.  632.  633,  634.  636,  637.  638.  706, 
707.  708,  749-752,  757,  763,  764,  819,  822, 

823 

School  funds 745 

Sectarian    instruction    in   the  pui>lic 

schools 568,  569,  .577,  661 

Senatorial  districts 787 

Sessions  of  the  Legislature 788 

Special  .school  ta.x 588,  592,  594,  662 

Special  Legislation 147-150 

Slate  Uuiver.sity..581,  582,  585,586,587, 
590,  662,  808 


INDEX  OF  DEBATES. 


871 


Compensation. 


COLLINS,  JOHN  A. 

Remarks  upon 
Substitution  of  "'yeas  and  nays  "for 

'■  ayes  and  noes." 79G 

Supreme  Court G41,  810 

Taxation. .223,  324-327,  341-344,  385,  409, 
410,  417,  418,  422,  429,  444, 515,  518,  519 

Term  of  office  of  State  officers 611 

Terras  of  Courts 706,  707 

Territorial  indebtedness 750 

Time  of  first  session  of  Legislature.  .  306 
Time  of  maintaining  district  scliools.  577 
Tn^nsfer  of  criminal  prosecutions. . . .    632 

Trial  by  jury 59 

Commander  in  Chief  of  military  forces.. . .   158 
Commencement  of  terms  of  Judges.     [See 

terms  of  Judges.] 
Commissions  and  bonds  of  State  ofiSc'jrs. 

[See  official  bonds.] 
Commissions  to  be  signed  by  Governor  and 

sealed 160 

Committee    on    Address   to    the    People, 

appointment  of 699 

Com.mittee    on    Credentials,    appointment 

of 3 

Committee   on   Day   of   Election   on   the 
Constitution,  to  wait  on  the  Gover- 
nor concerning,  appointment  of .  . . .   769 
Committee  on  Education,  appointment  of, 

447,  448 
Committee  on  Engrossment,   appointment 

of 74 

Committee   on    Enrollment,  appointment 

of 75 

Committee   on   Final   Enrollment    of  the 

Constitution,  appointment  of 725 

Committee   on   Judicial   Dtpartmeut,  ap- 
pointment of 75,  84,   174 

Committee  on  number  and  compensation 
of  the  subordinate   officers  of    the 

Convention,  appointment  of 7 

Com.mittee  on  Phraseology  and  Arrange- 
ment, appointment  of 84,  230 

Committee   on   Printing  for   the  Conven- 
tion, appointment  of 39 

Committee  on  Rules  and  Order  of  Busi- 
ness, appointment  of 6 

Committee  on  Schedule,  appointment  of, 

417,  4G5 
Committee   on    State    Seal,   appointment 

of 75,  230 


Page 

Committee  (special)  to  conduct  President 

elect  to  chair,  appointment  of 5 

Committee    (special)   to    draft   a  voters' 

oath,  appointment  of 268 

Committees,  reports  of.     [See  reports.] 

Committees,  resolution  to  appoint  ad- 
ditional members  of 230 

Committees,  standing,  resolution  (substi- 
tute) to  appoint 16 

CoMPENS-iTioN,  additional  of  officers  and 
attaches  of  the  Convention.  [See 
additional  compensation] 

Compensation  for  private  property  taken 

for  public  use 60,  63 

Compensation  for  right  of  way 165 

[See  right  of  way.] 

Compensation  of  County  officers 152,  155 

Remarks  of 

Mr.  Earl 155 

Fitch 155 

Frizell 152 

John.son 155 

Compensation  of  engrossing  and  enrolling 

clerks 78 

Compensation  of  Judges.     [See  salaries  of 

Judges.] 
Compensation  of  Jurors 152 

Remarks  of 

■   Mr.  McCliuton 152 

Compensation  of  officers  and  employes  of 
tlie  Legislature,  provisions  concern- 
ing   153,  273,  274,  305 

Remarks  of 

Mr.  Johnson 305 

Compensation  of  the  Official  Reporter  of 

the  Convention 8,  704,  705,  751 

[See  Reporter.] 
Compensation  of  members  of  the  Legisla- 
ture. . . . 155-157,  281,  312,  314,  601-608 

Remarks  of 

Mr.  Banks 281 

Brosnan 314,  607 

Chapin 157 

Crosman 156,  157,  281,  604,  606 

Dunne 312 

Fitch 155,  156,  157,  603 

Frizell 606 

Hovey 607 


872 


INDEX  OF  DEBATES. 


Contingent  Expenses. 


Page. 

Mr.  Johnson 155,  156,  157,  281,  314, 

(i02-607 

Kennedy 155,  15G,  157,   603 

Lockwood  . . .  .156,  281,  601,  603,  604 

McClinton 314 

Murdock 606,  607 

Nourse 312,  606 

Sturtevant 606 

Tagliabue 602 

Warwick 155,  156,  603-606 

Wetherill 603,  604,  606 

CosiPENSATiON  of   Subordinate   ofBcers   of 

the  Convention 7,  8 

Compensation,  Special  Committee  apoint- 

ed  to  fix 7 

Compensation,  report  of  Special  Commit- 
tee on 8 

Remarks  of 

Mr.  Ball 6,  8 

Collins 6 

Fitch 8 

Johnson 8 

Sturtevant 8 

[See  additional  compensation.] 

CoMPCLSOUT    attendance     on    the    public 

schools 5C6,  567,  569,  574 

Remarks  of 

Mr.  Banks 572,  574 

Brosnan 567 

Chapin 567,  572 

Collins. .  .566,  567,  570,  571,  573,  574 

DeLong 567 

Dunne 566,  5G7,  569,  570,  572, 

573,  574 

Frizell 573 

Hawley 566,567,  569,  574 

Johnson 572 

Lockwood 572,  573 

McClintou 571,  572 

Warwick 571,  572 

Confedeuate  States,  persons  in  service  of 

so-called  disfranchised 80 

[See  disfranchisement  of  rebel.-.] 
Consent  of  Congress  asked  for  the  appro- 
priation of  public  lands  for  school 
purposes.     [See  public  land.s.] 
Constitltion,  basis  of,  re.solution  to  adopt,  9,  14 

Co.\.stitution,  basis  of  as  adopted 24-33 

[See  basis  of  Coastitution.] 


CoNSTiTi'TiON,  day   of  election   on.     [See 

election.] 
CoNSTiTiTioN,  final   adoption  of  by  Con- 
vention     827 

CoNSTiTCTioN  of  the  United  States,  Pream- 
ble and  Resolution  adopting — 

Introduced  and  passed 6 

Reconsideration  of 51 

Ordered  engrossed 80 

Amended  on  report  of  Committee  on 

Phraseology  and  Arrangement. . . .    230 
Final  revision  of 779 

Remarks  of 

Mr.  Brosnan 51 

Chapin 51 

Collins 51 

Johnson. 51 

Tozer 51 

Constitution,  qualiiications  of  voters  upon, 

122-125,  129-138,  787 

Remarks  of 

Mr.  Banks 124, 125,  130,  131,  132 

Brosnan 124,  134,  135,  136 

Chapin 134,138 

Collins,  123, 129, 130, 132, 135, 136, 787 

Cro.sman 122,  123,  134 

DeLong 123,  124,  125 

Dunne 125,  132,  133,  137 

Fitch 122,  124 

Frizell 133 

Hovey 138 

Johnson  .  .122, 123, 124,  129-133,  136 
137,  138,  787 

Proctor 122-125,  134,  136 

Warwick 137 

Constitution,   publication   of.     [See  pub- 
lication of  Constitution.] 
Constitution,    resolution   to    forward    to 

President  of  the  United  States 698 

Remarks  of 

Mr.  Chapin 698 

Contempt,  either  house  of  Legislature  may 

punish   for 141 

Contingent  expenses  of  the  Legislature, 

1,55,  156,  157,  312,   607 
Remarks  of 

Mr.  Bro.snan 607 

Chapin 157,  607 

Crosman 156,  157 


INDEX  OF  DEBATES. 


873 


County. 


Mr.  Dunne 312 

Fitch 156,  157,  312 

Gibson 607 

Johnson 155,  156,  157,  607 

Kennedy 156,  157 

Lockwood 156 

Continuance  of  Courts  and  Judicial  officers  678 
Continuance  of  rights,  actions,  etc. .  .631,  751 

Remarks  of 

Mr.  Collins 751,  752 

Dunne 751 

Johnson 752 

Continuance  of  Territorial  laws 631 

Continuance  of  Territorial  officers 704 

Contracts,   obligation  of   not  to   be  im- 
paired       66 

Controller  of  State.  [See  State  Controller.] 
Corporations,   Article  on  Municipal  and 
other — 
Referred  to  Committee  of  the  Whole.   162 
Considered  in  Committee  of  the  Whole, 

162-172,  175-192 

Considered   in   Convention 268,318, 

387-405,  448,  449,  450-464,  495-499 
Final  revision  of 806,  807 


Remarks  of 

Mr.  Banks...  162-166,  204,  205, 

218,  318,404,  453,  477, 

Brosuan.  .167,  207,  389,  404, 

451, 

Chapin   ..162,  1G5,  166,  170, 


Collins...  167,  184- 

451,  453- 

Crosman.  .404,  405 

458 

DeLong  ..162,  178 

205,-206,  207,  209 

388, 390-394, 396 

Dunne  ...162,  163, 

Earl..l63,  164, 165, 
391,  392,  397, 


189,  395, 

-456,  469, 

449,  451, 

459,  495, 

180-184, 

212,  213, 

,  397,  404, 

458,  470 

188,  203, 

456 

188,190, 

398,  404, 


Fitch .  .  164-168, 170, 189. 192, 

207-216,  318,  387-391,  394, 

404, 

Folsom 

Frizell 207,470, 


212,  216, 
494,  806 
405,  449. 
453,  806 
206,  207, 
208,  402 
396,  397, 

470,  497 
452.  453, 
497,  498 
186,  188, 
216,  217, 
405.451- 
.  495-498 
402,  403, 

463,  464 
191,  192, 
449,  454. 

464,  498 
203.  205, 
400,  403, 
405,  498 
....  451 

471,  472 


Page. 
Mr.  GibEon  . .  .186,  389,  459,  463,  464,  468 

Haines 203,  473,  474,  497,  498 

Hawley  . .  168,  171,  17.5-178,  203,  204, 

205,  209,  210,  212,  216,  405,  449,  453, 

458, 459, 472, 475,  497 

Hovey 163, 178, 186,  190,  191,  192, 

203.  204,  205,  448,  450,  498 

Johnson  . .164-167,  187,  209,  214,  217, 

218,  387,  39.3,  401,  404,  449,  462, 

470,  474,  495,  497,  807 

Kennedy.  .165,  393,394,395,  397,  404, 

497 

Kinkead 468,  469,  470,  472,  496 

Lockwood.164, 167, 171,191.  192,  475, 
476,477,  497 

Mason 405,  458,  459,  460 

McClinton 398,  405,  454,  455,  498 

Nourse  . .  .162,  163,  164,  166-170,  175, 

189,  208-214,  389.  390,  391,  394, 

398-402,404,  807 

Parker 404,454,  459,  464,  497 

Proctor 162, 166,  495,  497 

Sturtevaut. . .  .170,  203.  206,  207  208, 
214,  251,  462,  463,  497 
Tozer.399,  403,  404,  454,  458,  461,  462 
Warwick. .  163,  165,  167, 178-180,  214, 
215,  217,  218,  268,  392,  393,  399. 
401,  405,  460,  461,  462,  464,  472, 
473,  474,  476,  477,  495,  496,  497 
Corporations  created  under  the  Territo- 
rial laws 163 

Remarks  of 

Mr.  Bank.s 163 

Corporations  may  be  formed  under  gen- 
eral laws 162 

Corporations,  municipal  may  be  created 

by  law 162 

Corporations,  taxation  of 162,  163 

Remarks  of 

Mr.  Banks 162 

Chapin 162 

DeLong 162 

Dunne 162,  163 

Nourse 162,  163 

Proctor 162 

Corporations,  what  may  be  exempted  from 

taxation 162 

Corporators  in  corporations  not  individu- 
ally liable 163 

County  and  Township  government,  system 

of,  to  be  established 152 


874 


INDEX  OF  DEBATES. 


Criminal  Cases. 


Page. 

Cou.NTT  Auditors 278-281 

Bemarks  of 

Mr.  Chapin 2"^ 

Dunne 278,  280 

Friz..-ll 280.  281 

Johnson 278,  279 

Tozer 279 

CoiNTY  CoramissioncTP,  election  of 153 

County  Courts. .  .  .616,  617,  648,  653.  706,  707 
Resolution   in   regard   to  abolishing, 

639,  640 
Remarks  of 

Mr.  Banks C40 

Brosnan <i*i8,  706 

Collins 706,  707 

Crosman  ., C39,  640 

DeLong 6*0 

Hovey 616>  617 

Johnson (117,639,  640 

Nour.se 6o.> 

[See  Storey  County  Courts.] 
County   Officers,   compensation   of.     [See 

compensation.] 
County  Officers,  continuation  of  in  office, 

696,  697,  708,  709 

Remarks  of 

Mr.  Banks 696 

Crosman 696,  697 

DeLong 696,  697 

Dunne 

Johnson 696, 

Kennedy 

Kinki-ad 

Proctor 696 

Taglialme 696 

Warwick '^09 

[See  Lander  County  officers.] 

County  Officers,  offices  of 611,  615 

Remarks  of 

Mr.  Banks 611,  612 

Chapiu 

Dunne 611,612 

Lock  wood 

Proctor  

Sturtevant  

Taglialiue 

Warwick 


697 
709 
709 
708 
697 


612 
61.'; 
612 
612 
611 
612 
612 


County  Officers,  provisions  for  election  of.  155 
County  Officers,  vacancies  in.  [See  vacancies.] 
COCRT  fees. . .  .641,  677,  678,  733-739,  803,  814 


Remarks  of 

Mr.  Banks 677,  735,  736,  739 

Brosnan 677,  814 

Chapiu 735.  736 

Collins 641,737,738,  803 

DeLong  .  .648.  677,  678.  733-739,  814 

Friz-U "36 

Hawle}' 737,  738 

Johnson 641,  733-738,  803,  814 

Kiukead 803 

Lockwood 677 

Mason ^37 

McClinton .736,  739 

Nourse 677,  678 

Wetherlll 678,  735,  737 

Courts,  continuation  of 678 

Coukts,  enumeration  of 616 

[Sec  Judicial  Department.] 
Courts  in  Storey   County.      [S  -e    Storey 

County  Courts.] 
Courts  of  Justices  of  the  Peace.    [See  Jus- 
tices' Courts.] 
Courts,  times  and  places  of  holding.    [See 

terms  of  Courts.] 
Cradlkbaugh,  Colonel,  invited  to   a  seat 

within  the  bar 51,  325 

CRAAVFORD,  ISRAEL. 

Appointed  on  Committee  on   Educa- 
tion  •••••  448 

Appointed  on  Committee  on  Printing 

for  the  Convention 39 

Credentials  of ^ 

Declined  appointment  on  Committee 
on  Publication  of  the  Constitution.   777 
Remarks  upon 
Compensation  of  officers  of  the  Con- 
vention for  service  at  evening  ses- 
sions   

Dueling 

Evening  sessions 

Judicial  Department "31 

Oath  of  office l^^ 

Publication  of  the  Constitution 777 

Residence  of  voters ^68 

Right  of  suffrage 107,  108,  271 

Taxation 446,  449 

Crkdentials,  appointment  of  Committee  on       3 

Credentials,  report  of  Committee  on 3 

Ckiminal  cases,  presentment  or  indictment 
by  Grand  Jury  required  in.  [See 
Grand  Jury.] 


274 
107 

70 


INDEX  OF  DEBATES. 


875 


Days  of  Session. 


Page. 
Criminal  prosecutions,   transfer   of  from 

Territorial  to  State  Courts 631,  632 

RemnrlcH  of 

Mr.  Collins 632 

Kennedy 632 

Warwick 632 

CROSMAN,  J.  S. 

Appointed  on  Committee  on  Educa- 
tion     448 

Appointed  on  Committee  on  Engro.ss- 

ment 74,  711 

Credentials  of 4 

Made  reports  from  Committee  on  En- 
grossment  435,  583,  659,  725 

Moved  adjournni'mt  sine  die 828 

Nominated  R.  G.  Clark  for  Secretary.       5 
Ottered  resolution  in  favor  of  al)olisIi- 
ing  County  Courts 63S 

Remurhs  upon 

Adjournment  sine  die 12,  13 

Banking  system 45 1,  452,  453 

Basis  of  Constitution 22 

Business  in  Committee  of  the  Wliole. .   541 
Compensation  of  members  of  the  Leg- 
islature   156,  157,  281,  604,  606 

Contingent  expenses  of  the  Legisla- 
ture  156,  157 

Continuation  of  county  officers     696,  697 

Corporations.  .404,  405.  449,  451,  452,  453, 

458,  459,  495,  497,  498 

County  Courts 639,  540 

Courts  in  Storey 617,  644 

Day  of  election  on  the  Constitution. .   767 

Disfrancbisemeat  of  rebels 94 

District  Courts  and  Judges G58 

Education  . .  .574,  575,  576,  585,  586,  obl, 

661,  662 
ElectiouOrdinauce..539,  623,  624,767,77] 

Engrossment  , "9 

Evening  sessions 76 

Fuuds  for  new  school  districts,  574,  575,  576 

Homestead  exemption 281 

Impeachment  and  Removal 541 

Judicial  Department.  .  .617,  650,  ()58,  711 

Lander  County  officers 750 

Legislative  Department 140,  156,  157, 

275,  276,  281,  283 
Limitation  of  taxation  and  appropri- 
ations  764,  765,  824 

Oath  prescribed  for  voters 245,  489 


Ordinance  concerning  slavery,  religi- 
ous toleration,  and  the  public  lands.     51 
Pacific  Railroad.  .  .404,  405,  449.  458,  459, 

495, 497,  498 

Permanent  organization 5 

Poll  Tax 121 

Publication  of  the  Constitution 776 

Qualification  of  voters  upon  the  Con- 
stitution   122,  123.  134 

Residence  of  voters 108 

Right  of  Suffrage. .  .94,  108.  121,  122.  123, 
134,  245,  251,  252,  253,  272.  489 

Salaries. .    524,  604,  606 

Salaries  of  Judges 731,  814,  815 

Schedule 695,  696,  697,  750,  764,  765, 

814,  815,  824 
Sectarian  instruction  in  public  schools  661 

Special  school  tax 662 

Soldiers'  vote 251,  252,  253.  271,  272 

Sole  traders 276,  283 

State  University 585,  586,  587,  662 

Taxation 228,  336,  353,  354,  384,  386, 

405,  407,  423 
Terms  of  office  of  Assemblymen.  .140,  695 

CuiuiENCY 163-165 

[See  banking  system.] 

D 

Daily  sessions,  resolution  fixing  hours  of, 

36.  74,  75,  126,  193,  231 
[See  evening  sessions.] 
Day  of  election.     [See  election.] 
Days  of  session  of  the  Convention  : — 

1st    day — Monday.  July  4th 1-3 

2nd  day— Tuesday,  July  5th 3-36 

3rd   day— Wednesday,  July  6th....   36-74 

4th    day— Thursday.  July  7th 74-126 

5th   day— Friday,  July  8th 126-172 

6th    day— Saturday.  July  9th 172-192 

7th    day— Monday,  July  11th 192-230 

81h  day— Tuesday,  July  12th. ..  .230-268 
9th  day— Wednesday,  July  13th.  .268-316 
10th  dav— Thursday.  July  14tb. .  .317-383 

11th  day— Friday,  July  15th 383-433 

12th  day— Saturday,  July  16th. .  .433-447 

13th  day— Monday,  July  18th 447-464 

14th  day— Tuesday,  July  19th 464-501 

15th  day— Wednesday,  July  20th. 501-535 
16th  day— Thursday.  July  21st. .  .535-588 

17th  day— Friday,  .July  22nd 583-638 

ISth  day-Saturday.  July  23d, . ,  .638-697 
19th  day— Monday,  July  25th 697-741 


876 


INDEX  OF  DEBATES. 


DeLoxg. 


Page. 

20th  day— Tuesday.  July  2f)th 741-77!) 

21st  day— Wuduesdiiy,  July  27th. 779-829 
Debate,  limitation  of.  .3G-38,  39,  7-i,  454,  4G6. 

467,  584 
Remarks  of 

Mr.  Banks 584 

Beldeu 3() 

Chapin 584 

Collius 4GG 

DeLong 37,  38.  39.  4J4,  4G6 

Duime 3G,  37,  39,  466,  584 

Earl 454,  466 

Hawley 36 

Johuson 36,  37,  38,  466,  584 

Kenaedy 584 

Nourse 37 

Parker 466,  467 

Sturtevaut 38 

Tozer 37 

Warwick 584 

Debates  and  proceedings  of  Convention, 
provision  for  reporting  and  publica- 
tion of 704 

[See  Reporter.] 
Debates  and  proceedings,  resolution  rela- 
tive to  contents  of  volume  of 746 

Remarks  of 

Mr.  Johnson 746 

Warwick 746 

Debt,  imprisonment  for  prohibited 66 

Debtor,  privileges  of 66 

Debts  and  liabilities  of  Territory.     [See 

Territorial  debts.] 
Declaration  of  rights,  Article  on — 

Read  second  time 41 

Considered  in  Committee  of  the  whole 

41-50,  51-73 

Ordered  engrossed 80 

Considered   in    Convention   on   tiiird 

reading  194-202 

Amended  on  report  of  Committee  on 

Phraseology  and  Arrangement...,   230 
Amended  by  resolution.  .274,  275,  277,  778 

Final  revision  of. 780-785 

Remarks  of 

Mr.  Ball 64 

Banks. .  .41,  42,  52,  53.  59,  60,  62,  63. 

465, 774, 778,  781-784 

Brosnan.  .42,  49,52,  56,  59,  65,  66,  67. 

196,  197,  774, 775.  777,  778,  781-784 


Page. 

Mr.  Chapin 56,  59,  196,  778,  781 

Collins 59,  774,  781,  782 

DeLong.  .41,  42,  44,  45,  49,  52,  53,  54, 

56,  58-64,  67-70,  195,  196,  199,  201, 

465, 783, 784 

Dunne 194,  199,  200,  201 

Earl 44,  47,54,58,  64,  65,  66 

Fitch .  . 41-44,  47,  49,  52,  53,  54,  56,  57, 
59,  60,  67,  68,  69,  195,  196,  199 

Frizell 201,  202 

Hawley. .  .45,  48,  53,  5,4,  57,  61.  465, 
774,  782 

Hovey 197 

Johnson.  .  .45,  58,  60,  62,  64,  66,  196- 
199,  465,  774,  775,  781-785 

Kennedy 783,  784 

'  Kinkead 783,  784 

Lock  wood 781,  783,  784 

McClinton 198,  782-785 

Nourse..   42,46,  47,  56,  68-64,  66,  69, 
195-198,  200.  201,  774,  778 

Parker 195,  783,  784 

Proctor,  42, 44,  48, 59,  60, 196, 197,  202 

Sturtevant 67,  465 

Tozer 69,  198 

Warwick. .  .49,  50,  55,  57,  67,  69,  778, 
782,  783,  784 
DeLONG    CHARLES  E. 

Appointed  on  Committee  on  Address 

to  the  people 699 

Appointed  on  Committee  on  Judiciary    75 
Appointed    on   Committee   on   Rules 

and  Order  of  Business  6 

Appointed  on  Committee  on  Schedule  447 
Appointed   on    Special  Committee  to 
amend  Section  19  of  Article  on  De- 
claration of  Rights  relative  to  evi- 
dence of  treason 196 

Appointed  on  Special  Committee  to 
amend  Article  on  Right  of  Suffrage  467 

Credentials  of 3 

Granted  leave  of  absence 230,  583 

Miule    reports    from     Committee    on 
Schedule  of  Articles  on   Salaries  and 

Miscellaneous  Provisions 538 

Made  report  from  Special  Committee 
to  amend  Article  on  Right  of  Suf- 
frage     477 

Moved  appointment  of  additional  mem- 
bers of  the  Committee  on  the  Judici- 
ary       84 


INDEX  OF  DEBATES. 


877 


DeLong. 


Page. 
DeLONG,  CHARLES  E. 

Moved  appointment  of  Committte  on 
Address  to  the  People 699 

Moved  appointment  of  Committee  on 
Enrollment 75 

Moved  reconsideration  of  Article  on 
Right  of  Suffrage,  and  reference  to 
special  committee  for  amendment. .   467 

Moved  second  reading  and  reference 
of  Article  on  Declaration  of  Rights,    41 

Offered  resolution  for  appointment  of 
Committee  on  Schedule 447 

Remarks  vpon 
Additional  compensation  of  the   offi- 
cers and  attaches  of  the  Convention, 

273,  804,  805,  806 

Address  to  the  People 698,  699 

Adjournment  sine   Ue 10-13 

Amendment  of  the  Constitution.  .810,  811 
Apportionment  of  representation. . . .  812 
Banking  system.  . .  .451-454,  456,  457,  458 
Basis  of  Constitution..  14,  15,  16,20,21.22 

Board  of  Examiners 161 

Clerks  of  County  County  Commission- 
ers   791,795 

City  Recorders 739 

Compensation   for    private    property 

taken  for  public  use 60,  61,  62 

Compulsory    attendance    on     public 

schools 567 

Continuation  of  County  oflBcers.  .696,  697 

County  Courts 640 

Court  fees. . .  .648,  677,  678,  733-739,  814 

Courts  in  Storey  County. .  .  .645,  648,  650, 

651,  653,  655,  656,  658 

Corporations. .162,  178.  180-184,  186, 188. 

205,  206,  207,  209,  212,  213,  216,  217,  292, 

294-297,  300,  388,  390-394.  396,  397,  404. 

405,  450,  458,  470.  49.5-499 

Day  of  election 247,  275 

Declaration  of  Rights. .  .41,  42,  44,  45,  49, 

52,  53,  54,  5G,  58-64.  67-70,  195,  196, 

199,  201,  465,  783,  784 

Disfranchisement  of  rebels.  .82,  91,  92,  93, 

104 
District  Courts  and  Judges.  .650-653,  655. 

656,  658 

Dueling.  .104^107,  664,  665,  666,  668,  669, 

670,  672,  673 

Education 566,  567 

Election  Ordinance 539,  825 


Page. 

Election  returns 797 

Engrossment 78 

Engrossment  of  the  Journals  of  the 

Convention 827 

Equity  jurisdiction 676,  728,  729 

p]vening  sessions 73-77,  125,  128 

Evidence  of  treason 67-70,195,  196 

E.x-ecutive  Department.  .159,  160,  161,248- 

251,  797 
E.xpenses  of  former  Convention.  .300,  301 
Final  adoption  of  the  Constitution. .  .   827 

Final  passage  of  bills 790 

Finance  and  State  debt.  .219-222,  450,  499, 

807 
Fiscal  year,  commencement  of.  .  .219,  220 

Grand  Jury  system 199 

Homestead  exemption.  .283,  285-290,  302, 
303,  304,  791 
Impeachment  and  Removal  from  OfiQce, 

557-564,  744,  806,  807 
Instructions  to  Judiciary  Committee 

236-240,  242,  243 

Judicial  Department. .  .236-240,  242,  243, 

,    238,  643,  645,  648-653,  655,  656,  658,  674, 

676-681,  683,  685,  687-692,712,  725-740 

Justices"  Courts  . .  .675,  676,  678-681,  683,. 

685,  687-692,  725-729 

Lander  County  officers 696,  747,  750 

Leave  of  absence 539,  638,  639,  697 

.Legislative  Department ....  247,  275,  276, 
277,  283,  285,  286,  287,  289,  290.  302- 
305,  789,  790,  791,  795,  796,  797 
Limitation  of  debate. .  .37,38,  39,  454,  466 
Limitation  of  State  indebtedness,  220,  221 
Limitation  of  taxation  and  appropri- 
ations. .753,  754,  759,  760,  762,  763,  816 
820,  821,  823* 
Memorializing    Congress    concerning 

Judiciary  system 173 

Miscellaneous  Provisions.. .  .664,  665,  666, 

668,  669,  671,  672,  673,  741,  744,  810 

Mode  of  procedure  of  the  Convention    41 

Municipal  Courts 732,  733 

Oath  of  office 104-107,  664,  665,  666, 

668-673 

Oath  prescribed  for  voters  .  .244,  264,  269, 

47S-481, 483,  486.  488,  489,  490,  492,  494 

Official  bonds  of  State  officers. . .  .707-710 

Pacific  Railroad...  178,  180-184,  186,  188, 

205,  206,  207,  209,  212,  213,  216,  217,  292, 

294-297,  30.0,  388, 390-394,  396,  397,  404, 

405,  450,  458,  470,  495-499 


878 


INDEX  OF  DEBATES. 


DisiRiBUTiox  OK  Powers. 


Page. 
DeLONG,  CH.\nLES  E. 

liemarLs  upon 
Paramount  allegiance. .  .42,  44,  45,  49,  .''>2, 

53,  201 

Pardoninpr  power !-">!' 

Perpituitie.s 741 

Personal  explanations  .  .318,  454.  485,  486 

489.  823 

Poll  Tax 112,  120.  145,  272,  535 

Po.stponcment  of  Article  on  Judicial 

Department fi'4 

Postponi'ment  of  taxation 807 

Printing  rules  of  Con%'ention 38 

Privilofje.s  and  immunities 03,  64 

Prohibition  of  slavery 67 

Proxies  for  absent  mimber? 435 

Qualifications  of  voters  upon  the  Con- 
stitution    123,124,125 

Religious  toleratio'i 59 

Residence  of  State  officers Hil 

Residence  of  voters 70.  71,  72,  lOS 

Resolution  of  thanks  to  officers  and 

attaches 828 

Right  of  suflfrajre. .  .70.  71.  72.  82,  91,  92. 

93. 104-108.  112.  120.  123.  124.  125,  145. 

244. 264, 269.  272,  467.  477-481.  483-486, 

488,  489.  490.  492,  494.  535 

Salaries  of  .Indfres 730.  731,  814.  815 

Schedule.  .447.  692-697.  70.5-710.  747,  750, 

753,  754,  759,  760,  762,  763.  812,  814, 

815,  816,  820,  821,  823 

Second  reading  of  pr "amble 39,  40 

Seizures  and  searches 783,  784 

Soldiers'  vote 478 

Sole  traders 275,  276,  277 

Special  legislation 63,  64 

State  scrip 222 

State  seal 160 

Substitution  of  "  yeas  and  nay.s"  for 

"  ayes  and  noes" 789,  796 

Supreme  Court... 643,  648,649.  650.712, 

740.  810 
Taxation.  .222,  223,  224,  226,  227,  319-324, 
330.  333-338.  340.  34.5-350.  352.  353,  367, 
371. 373-383.  384.  385, 387,405,  406,  408, 
409,410,412,415,418-421,423,426,  428. 
429,  431,  432,  433,  430,  437,  440,  441.  443. 
446,449,450,500,  501 

Taxation  of  corporations 162 

Terms  of  A-sembiymen 695 

Terms  of  Courts 675,  705 


Page 

Terms  of  State  officers 160,  706,  707 

Terni.^  of  State  Senators 692-695 

Territorial  indebtedness 750 

Treason,  evidence  of 67-70,  195.  196 

Trial  by  jury 53,  54,  56.  58 

Veto  power 797 

Des.ign  for  State  seal.     [See  State  seal.] 
DiSFRANCiiisE.MENT  of  duelists.     [See  duel- 
ing-] 
DisFRAXCHisE.ME.NT  of  rebels 80-104 

4  Remarks  of 

Mr.  Banks ...91,  96,  97 

Chapin 88 

Collins 85,  89,  98-102 

Crosman 94 

DeLong 82,  91,  92,  93,  104 

Dunne 80,  82 

Earl 83.  84  86.  93 

Fitch 102.103.  104 

Frizell 97,  98 

Ilawley 81,  82,  84,  85,  94 

llovey 80,81 

Johnson 87,  88,  89 

Kennedy 88,  91,  93,  95,  100,  102 

Ldckwuod 94.  95 

iMa.son 104 

Nourse 8.3,  84,  85,  89,  90,  91,  96 

Tozer 91,  95 

Warwick 80,  81,  84,  95,  104 

Disloyal  persons  not  entitled  to  vote  ....     80 
[See  disfranchisement  of  rebels.] 

DisQUALiFiCATio.v  of  voters.     [See  voteri?.] 

DisQUALii'iCATioxs  for  holding  office 141 

[See  bribery.] 

DiSTRiBUTiox  of  Powers,  Article  on — 

Referred  to  Committee  of  the  Whole.   128 
Con.sidered  in  Committee  of  the  Whole  138 

Ordered  engrossed 145 

Read  third  time  and  passed 246,  247 

Final  revision  of 787 

Remarks  of 

Mr.  Banks 787 

District  Courts  and  Judges 650-653. 

713-721 
Remarks  of 

Mr.  Banks, .  .051,  653,  654,  6.55.  658,  714, 
715,716,718,  721 

Brosnan 051,  653-657.  7 13-721 

Ciiapin 051,  059,  715,  716 

Cullin.s 051,  714 


INDEX  OF  DEBATES. 


879 


DUNNK. 


Page. 

Mr.  Cro?raan G58 

D.Loiig (i50-r,53.  G55.  (i56,  G58 

Duiine ()51,  653,  G58,  659,  711,  715 

Frizell 650 

Johuson 651-654,  656,  657,658, 

713-721 

Kennedy 713 

Nourse,  650,  651,  653,  654,  665,  657,  658 

Parker.. 713 

Proctor 715,  716 

Warwick 655 

District  Courts,  terms  of.     [See  terms  of 

Courts.] 
District  Judges,  commencement  of  terms 

of.     [See  terms  of  Judges.] 
District    Judges,    resolution    instructing 

Judiciary  Committee  concerning,  231-243 
[See  Judicial  Department.] 
District  Schools,  provisions  for  maintain- 
ing.    [See  EJucatiou.] 
District  Schools,  time  of  maintaining...  577, 

578,  579 
Remarks  of 

Mr.  Banks 577,  578,  579 

Brosuau 577,  579 

Collins 577 

Dunne 578 

Frizell 578 

Hawley 577 

Johnson 677,  578 

McClinton 577 

Dueling. .104-107,  609,  610,  663-073,  777,  778 

Remarks  of 

Mr.  Banks...  105,  106,  107,  663,  665,  667, 

670,  671.  672 

Brosnan. .105,  609,  664,  667,  669,  777, 

778 

Chapiu 107 

Collins.  .  .107,  610,  663,  664,  665,  668, 
670,  672 

Crawford ." 107 

DeLoug.  ,104-107,  664.  665,  666,  668, 
669,  670,  672,  673 

Dunne 668,  669,  771,  742 

Fitch 106 

Frizell 6(i8,  671 

Hawley 106,  666,  667,  6G9,  673 

Johnson 610,  667,  668.  670-673 

Kennedy 104-107 

Mason 666 


Mr.  Nourse 665,  666,  667.  670,  672 

Parker 665 

Proctor 669 

Warwick 104,  107,  667,  778 

DUNNE,  E.  F. 

Appeared  and  sworn  in 7 

Appointed  on  Committee  on  Judiciary     75 
Appointed  on  Committee  on  Schedule  447 
Appointed  on  Special  Committee   to 
amend  Section  19  of  Article  on  Dec- 
laration of  Rights,  relative  to  evi- 
dence of  treason 196 

Appointed  on  Special  Committee  to 

draft  an  oath  for  voters 268 

Credentials  of 3 

Granted  leave  of  absence 710 

Made  report  from  Schedule  Committee 

on  Election  Ordinance 622 

Made  reports  from  Schedule  Commit- 
tee uu  Schedule 630,  673 

Made  minority  report  from  Schedule 
Couiiuittee  on  apportionment  of  rep- 
resentation      631 

Made  minority  report  from  Schedule 
Committee  on  Article  on  Miscella- 
neous Provisions 538 

Made  report  from  Special  Committee 
amending  Article  on  Declaration  of 
Eights  (under  instructions)  in  re- 
spect to  evidence  of  treason   201 

Moved  to  amend  rules  so  as  to  change 

order  of  business   77 

Moved  to  amend  rules  so  as  to  limit 

speeches  to  fifteen  minutes 37 

Ofi'ered  preamble  and  resolutions  for 
adjournment  of  the  Convention  sine 

die 9 

Ottered  resolution  appointing  commit- 
tees on  the  several  Articles  of  the 

Constitution 16 

Ottered  resolutions  limiting  debate.  .39,  74 
Ofllred  resolution  providing  for  even- 
ing sessions,  and  fi.xiug  hours  of  daily 

sessions 193 

Ottered  resolution  referring  various 
Articles  of  the  Constitution  to  corn- 
mi. tees  466 

Ottered  resolution  to  incorporate  a  sec- 
tion in  Article  on  Miscellaneous  Pro- 
visions, prohibiting  perpetuities...   741 


880 


INDEX   OF   DEBATES. 


DrxNE. 


Page.  I 
DUNNE.  E.  F. 

Ofift-Ted  resolution  to  memorialize  Con- 
gress in  regard  to  the  Judiciary  sys- 
tem     172 

Offered  resolution  to  give  ofiBcers  of 
Convention  additional  compensation 

for  evening  sessions 273 

Offered  resolution  to  postpone  evening 

sessions 231 

Remarks  upon 
Adjournment  over  oftlie  Convention.   G39 

Adjournment  sine  die 9-12,  274 

Amendments  of  the  Constitution  ....  528, 

531,  532 
Apportionment  of  representation,  632-635 

637 

Banking  system 457 

Basis  of  Constitution 16 

Board  of  Regents 589 

Boundary 528 

Business  before  committees.  .534,  584,  616 

Census 614 

Compensation  of  members  of  the  Leg- 
islature    312 

Compensation  of  officers  of  the  Con- 
vention for  evening  sessions 273 

Compulsory  attendance  on  the  public 

schools.  .566,567,569.570,572,573,  574 
Contingent  expenses  of  the  Legislature  312 

Continuance  of  County  officers 697 

Continuance  of  rights,  actions,  etc. . .   751 
Corporations.  .162,  163,  188,  203,  402,  403, 

463,  464 

County  Auditors 278,  280 

Courts  in  Storey  County 658,  659 

Day  of  election 139,  247,  274,  284 

Declaration  of  rights. .  .194,  199,  200,  201 

Disfranchisement  of  rebels 80,  82 

District  Courts  and  Judges.  .651,  653,  658, 
659,714,  715 

Dueling 668,  669,  671,  lAl 

Education..  .117,  566,  567,  569,  570,572, 

573,  574,  579,  587,  588,  589,  591,  594, 

595,  745 

Election  Ordinance 626,  629,  630 

J^nrollment  of  the  Constitution 585 

Evening  sessions. .  .127,  128,  193,  231,  534 

Evidence  of  treason 194 

Executive  Department.  .157,  158,  160,  161, 

218 
Final  passage  of  bills 144 


Page. 

Governor's  term  of  office 157,  248 

Granting  leave  of  absence.  .638,  697,  710, 

742 

Homestead  exemption 310,  311 

Impeachment  and  Removal  from  Office 

541,  547-550,  552,  553,  554,  556,  640 
Increase  and  diminution  of  salaries. .  615 
Increasing  the  Judiciary  Committee. .  174 
Instructions  to  Judiciary   Committee 

231,  232,  238,  239 

Judicial  Department.  .  .231,  232,  238,  239, 

618,  619,  648,  649,  651    653,  658,  677, 

714,  715,  732 

Lander  County  officers 747,  749,  750 

Legislative    Department  ..  .139.  144,  247, 
274,  275,  278,  279,  280,  284,  305,  308, 
310-314 
Limitation  of  debate.  .36,  37,  39,  466,  584 
Limitation  of  taxation  and  appropria- 
tions   752,  754 

Memorializing    Congress    concerning 

judiciary  system 172,  173 

Miscellaneous  Provisions  . .  .611,  612,  614, 
615.  663.  668-671,  740,  741,  746 

Oath  of  office 668,  669.  671 

Oath  prescribed  for  voters .  .  245,  253-256, 

261,  266,  268,  269,  270,  484,  485,  492. 

493,  494 

Offices  of  county  officers 611,  612,  615 

Official  bonds  of  State  officers 748 

Pacific  Railroad.  .  .188,  203,  402,  403,  463, 

464 

Paramount  allegiance 200,  201 

Perpetuities 740.  741,  746 

Personal  explanations.  .317,  383,  485,  710, 

742 
Postponement  of  Article  on  Judicial 

Deparlment 618, 119 

Preamble  and  name  of  State 33 

Probate  Judges 697 

I'rovisions  in  regard  to  school  fund, 

587,  589,  745 
Qualifications  of  voters  upon  the  Con- 
stitution   125,  132,  133,  137 

Registry  Law Ill 

Right  of  Suffrage. . .  .80,  82,  104,  111,  125, 

132, 133, 137,  245,  251,  253-256,  261,  266. 

268-272,  484,  485,  492,  493,  494 

Salaries..  .501,  511,  512,  523,  524,  595,  597, 

599, 602,  752 

Salaries,  increase  and  diminution  of.   615 


INDEX  OF  DEBATES. 


881 


Education. 


Page. 
DUNNE,  E.  F. 

Remarks  upon 

Salaries  of  Judges 732 

Salary  of  Secretary  of  State 597,  599 

Salary  of  State  Controller 599 

Schedule.  .447,  632-635,  637,  638,  692,  693, 

695.  696,  697,  704,  747-752,  754 

Separate  property  of  the  wife 279 

Sessions  of  the  Legislature 696 

Soldiers'  vote 271,  272 

Special  school  tax 588,  591,  594 

State  University 579,  587 

Supreme  Court 649 

Taxation ..  230,  346,  360-363,  418,  419,  428. 

444.  500 

Taxation  of  Corporations 162,  163 

Terms  of  Assemblymen 695 

Terms  of  Courts 704,  748 

Terms  of  State  officers 161,  692 

Terms  of  State  Senators 692,  693 

Time  of  first  session  of  the  Legislature, 

305,  308 

Time  of  maintaining  district  schools. .   578 

Treason,  evidence  of. 194 

Trial  by  jury 199,  200 

Vacancies  in  office 158 

Veto  power 313,  314 

E 

EARL,  JOSIAH. 

Appointed    on    Committee    on    State 

Seal 75 

Credentials  of. 3 

Granted  leave  of  absence. .  .539,  583,  638 
Offered  resolution  limiting  debate ....   454 
Offered  resolution  to  ask  Congress  for 
a  change  in  the  Judiciary  system. 
and  to  adjourn  the  Convention  6- »ie 

die 13 

Offered  resolution  (substitute)  requir- 
ing members  to  hand  in  proposed 
amendments  to  Constitution..  .21,  22,  24 
Remarks  upon 

Adjournment  sine  die 13 

Amendments  of  the  Constitution 531 

Banking  sj'stem 163,  164,  454 

Basis  of  Constitution 21,  22,  23 

Compensation  of  County  officers 155 

Corporations.  .163;  164,  165,  188,  190,  191, 

192,  391,  392,  397,  398,  404,  449,  464,  498 

Declaration  of  Rights  . .  .44,  47,  54,  58,  64, 

65,  66 

A  30 


Disfranchisement  of  rebels. .  .83,  84,  86,  93 

Elegibility  of  Governor 157 

Evening  sessions 76 

Executive  Department 157 

Homestead  exemption.  .302,  303,  304,  310, 

311 
Legislative  Department.  155,  302,  303,  304, 

310,  311 

Limitation  of  debate 454,  466 

Memorializing  Congress  concerning  Ju- 
diciary system 173 

Municipal  indebtedness 165 

Oath  prescribed  for  voters 481,  488 

Pacific  Railroad.. .  .188,  190,  191,  192,  296 
391,  392,  397,  398,  404,  449,  464,  498 

Paramount  allegiance 44,  47,  55,  58 

Poll  Tax. .  Ill,  112, 114, 116,  117,  119,  121, 

122 

Privileges  and  immunities 64,  65 

Prohibition  of  slavery 66 

Residence  of  voters 73 

Right  of  Suffrage.  .  .73,  83,  84,  86,  93,  109, 
111,  112, 114, 116.  117,  119-122,  481,  488 

Salaries 505,  508 

Soldiers'  vote 109 

Special  legislation 64,  65 

Taxation.  .337  ,342,  345,  364,  373,  406,  416, 
419,  420,  422,   428,  439,  444,  500,  515, 

517,  518 

Trial  by  jury 55,  58 

Education,  appointment  of  committee  upon, 

447,  448 
Education,  Article  on — • 

Referred  to  Committee  on  Education .  466 
Reported    from    Committee  on   Edu- 
cation   565 

Considered  in  Committee  of  the  Whole, 

566-582,  585-595 
Considered  in  Convention. .  .595,  659-662 
Amended  on  report  of  Committee  on 
Phraseology  and  Arrangement,  743,  745 

746 
Final  revision  of. 808,  809 

Remarks  of 

Mr.  Banks 448,  572,  574,  577-580,  585, 

591,  592,  661 

Brosnan  . .566,  567,  568,  577,  579,  586, 

589,  590,  592,  660,  661 

Chapin, 566, 567,  572, 586-590,  661,  662 


882 


INDEX  OF  DEBATES. 


Election. 


Page. 

Mr.  Collins.. .  .447,  448,  566-571,  573,  574, 

576,  577, 580,  581. 582, 585-590,  592, 

594,  661,  662,  745,  808 

Crosman.  .574,  575,  576,  585,  586,  587, 

661,  662 

DeLong 566,  567 

Dunne  .. .  .447,  566,  567,  569,  570,  572, 

573,574,579,587,  588,  589,  591,  594, 

595,  745 

Frizell. . .  .573,  578,  580.  587-590,  592 

Hawlcy.  .  .448,  566-569,  574-577,  579^ 

580, 585, 587,  589,  590,  591,  593,  595, 

661,  769 

Johnson  .  .447,  566,  567,  568,  572,  574. 

578,580,581,582,  .585,  586,  660,  662, 

745,  746 

Kinkead 745 

Lockwood 572,  573,  587 

McCIinton,  568, 569, 571,  572,  577,  745, 

746,  808 
Nourse  . .  .  581,  582,  585,  586,  588,  589, 

592,  593,  594 

Sturtevant 591,  595 

Tagliabue 580 

"Warwick.  .447, 568,  569,  571,  572,  577, 
581,  582,  591,  593,  594 

Election,  by  plurality 614 

Election,  day  of.  . .  139,  140,  274,  275,  284,  610 

Remarks  of 

Mr.  Banks 275,  284 

Brosnan 139,  140  284, 

Crosman 140 

DeLong 247,  275 

Dunne 139,  247,  274,  284 

Fitch 275 

Johnson 139,  140,  275,  284 

Kennedy 275,  284 

Sturtevant 274,  275 

Warwick 275 

Election,  day  of,  on  Constitution,  766-769,  772, 
773,  786,  826,  827 

Remarks  of 

Mr.  Banks 767,  769,  772,  827 

Brosnan 768,  772,  786 

Chapin 766,767,  768 

Collins.  ...766,767,768,  772,  773,  786 

Crosman 767 

Frizell 769 

Hawley 769 


Page- 
Mr.  Johnson..  .766-769,  772,  773,  786,  826, 

827 

Kinkead 769 

McCIinton 767 

Proctor 766,  769,  826 

Tagliabue 766 

Warwick 766,  767 

Election,  day  of,  resolution  appointing 
committee  to  wait  on  Governor  con- 
cerning     769 

Election,  day  of,  reports  of  committee  to 

wait  on  Governor  concerning..  .771,  773 
Election  of  United  States  Senators,  pro- 
vision concerning 156 

Remarks  of 

Mr.  Banks 156 

Election   of  judges.     [See    Judicial   De- 
partment.] 
Ei^CTioN  Ordinance — 

Introduced 533 

Referred  to  Committee  on  Schedule . .  534 

Motion  to  print 539 

Reported  from  Schedule  Committee .  .   622 
Considered  in  Connnitte  of  the  Whole, 

622-630 
Referred  to  special  committee  of  one.  630 
Reported  from   special   committee   of 

one 741 

Considered  in  Convention 766-773 

Final  revision  of 825,  826 

Remarks  of 
Mr.  Banks. 623,  626-630,  767,  769,  770,  772 

Brosnan 768,770,772 

Chapin. . .626,  629,  766,  767,  768, 770 
Collins,  532,534, 622-630,  766-773,  825 

Crosman 539,  623,  624,  767,  771 

DeLong 539,825 

Dunne 626.629.  630 

Frizell 625,  627,  769,  771 

Gibson 629 

Hawley.  ..623,  624,  625,  627,  629,  630, 

769 

Hovey 534,  625,  626 

Johnson.  .539,  622,  623,  625,  626,  628, 
629,  630,  766-773,  825,  826 

Kennedy 771,  773 

Kinkead 769 

Lockwood 534 

Mason 623,  626,  629 

McCIinton 767,  770,771 


INDEX  OF  DEBATES. 


883 


Evening  Sessions. 


Page. 

Mr.  Mm-dock 629 

Proctor. .  .  625,  626,  766,  769,  771,  826 

Sturtevaut 623 

Tagliabiie 627.  766,  771 

Warwick 623,  766,  767 

Wetherill 629 

Election  returus 157,  158,  797 

Bemarks  of 

Mr.  Chapin 797 

DeLong 797 

Johnson 797 

Kinkead 797 

McClinton 158 

Elections.     [See  Right  of  Suffrage.] 
Elections, laws  to  be  passed  regulating..  .   153 
Electors  exempt  from  arrest  on  election 

days Ill 

Electors,  qualifications  of.    [See  qualifica- 
tions of  electors.] 
Eligihility  of  Governor 157 

Bemarks  of 

Mr.  Earl 157 

Enacting   clause 152 

Engrossment  of  Articles — 

Appointment  of  committee  on 74 

Repoi'ts  of  committee  on. .  .230,  535,  583, 
659.  711,  725 
Resolution  authorizing  committee  on 
to  appoint  a  clerk 78 

Remarks  of 

Mr.  Banks 74,  79 

Brosnan 78 

Chapin 78,79 

Crosman •    79 

Del^ong 78 

Hawley 77,  78,  79 

Johnson^ 74,  78,  79 

Nourse ' . .     78 

Tozer 74.  78,  79 

Warwick 78 

Engrossment  of  Journals  of  the  Convention, 

826,  827 
Remarks  of 

Mr.  Banks 827 

Brosnan 826,  827 

Collins 81:7 

DeLong 826 

Nourse 827 


Page. 
Enrollment  of  Constitution- 
Appointment  of  Committee  upon 75 

Appointment  of  Committee  upon  Final 

Enrollment 725 

Reports  of  Enrolling  Committee,  465,  535, 
793,  795,  797,  799.  804 
Resolution  authorizing  Enrolling  Com- 
mittee to  employ  a  clerk 78 

Resolution  to  appoint  a  committee  on 
final  enrollment 724 

Remarks  of 

Mr.  Banks 5.35,  725,  793,  797 

Brosnan 584,  585 

Chapin. . . .202,585,  724,  725,  741,  743 

Dunne 585 

Gibson 743 

Hawley. .  202,  535,  584,  585,  698.  743, 

773,  779,  793,  795,  797,  804 

Johnson.  .585,  724,  725,  743,  744,  773, 

793 

Kennedy 743 

Kinkead 743,  799 

Sturtevant ....   535 

Tagliabue 725,  744 

Enumeration  of   Courts.      [See    Judicial 
power.] 

Equity  jurisdiction 676,  728,  729 

Remarks  of 

Mr.  Banks 676,  728 

Brosnan 676,  728,  729 

DeLong 676,  728,  729 

Kennedy 676 

Johnson 728,  729 

Establishment  of  schools,  provi.sionsfor. .  587 
•   Remarks  of 

Mr.  Lockwood 587 

Evening  sessions,  compensation  of  oflicers 
of  Convention  for.     [See  compensa- 
tion.] 
Evening  sessions  of  Convention,  motions 

and  resolutions  providing  for,  73,  74,  75, 
110,  126,  193,  231 
Remarks  of 

Mr.  Banks 75,  76,  77 

Brosnan 127,  128 

Chapin 77,  127,  128 

Collins 76 

Crawford 76 

Crosman 76 


884 


INDEX  OF  DEBATES. 


Finance. 


Page. 

Mr.  DeLong 73-77,  110,  125,  128 

Dunne 127,128,  193,231,  534 

Earl 76 

Fitch 73,  74 

Frizell 128 

Johnson 126.  127 

Kennedy 75,  126,  127 

Lockwood 76 

Nourse 75,  76,  77 

Tozer 76,77,  127,  128 

Warwick 9 ' 

Evidence  of  treason.     [See  treason.] 
Examiners.  Board  of.     [See  Board  of  Ex- 
aminers.] 
ExKCixrvE  Department,  Article  on — 

Referred  to  Committee  of  the  Whole . .   146 
Considered  in  Committee  of  the  Whole 

157-162 

Considered  in  Convention 247-251 

Final  revision  of 797-799  [ 

Remarks  of  j 

Mr.  Banks 158-161,  798,  799 

Brosnan 159,  160,  161,  250 

Chapin 248,  249,  251,  797 

Collins 161,  798,  799 

DeLong. .  .159,  160,  161,  248-251,  797 

Dunne 157,  158,  160,  161,  248 

Earl 157 

Fitch 248 

Frizell 158 

Ilawley 798 

Ilovey 159 

Johnson  .  .15:-161,  250,  251.  797,  798 

Kennedy 250,  251 

Kinkead 797 

Lockwood 160,  161 

McClinton 158,  798 

Nourse. . .  15«,  159,  160,  248,  249,  2.50 

Proctor 160 

ExECCTivE  Department,  officers  of,  to  re- 
port to  the  Governor 158 

ExEMiTiox  of  homestead  from  execution, 
etc.     [See  Homestead  Exemption.] 
ExEMiTioN  of  Indians  from  poll  tax.    [Sec 

poll  tax. 
ExEMiTioN  of  Indigent  Sick  from  poll  ta.x. 

[See  poll  tax.] 
ExEMiTioN  of  Property  from  seizure  for 

del.t 66 

ExKMrrioN  from  arrest  of  electors  on  elec- 
tion days Ill 


Page. 
Expenses  of  former  Convention.  .274,  300,  301 

Eemarks  of 

Mr.  DeLong 300,  301 

Kennedy 300,  301 

Sturtevant 274,  300,  301 

Ex  POST  FACTO  law  prohibited 66 

ExpcLSiox  of  a  member  of  the  Legislature, 

provision  for 140 

F 

Fees  and  perquisites  of  Judicial   officers 

prohibited 076,  739,  775 

Final  adoption  of  Constitution 827 

liemarkh  of 

Mr.  DeLong 827 

Proctor 827 

Final  enrollment  of  Constitution.      [See 

Enrollment.] 
Final  revision  of  Constitution,  motion  to 

proceed  to 779 

Hemarks  of 

Mr.  Banks 779 

Chapin 779 

Hawley 779 

Johnson 779 

Kennedy 779 

Finance  and  State  Debt,  Article  on — 

Referred  to  Committee  of  the  Whole.    I(i2 
Considered  in  Committee  of  the  Whole. 

219-222,  499 
Considered  in  Convention.  .  .418,  450,  499 
Final  revision  of 807,  808 

Remarks  of 

Mr.  Banks 807 

Brosnan 807 

Chapin 807 

Collins 220 

DeLong 219-222,  450,  499,  807 

Fitch 222 

Frizell 219,  220 

Gib.<on 418,   450 

Hawley 222 

Hovey 219 

Johnson 219,  220,  221,  448,  808 

Kinkead 219,  448,  807 

Proctor 807 

Sturtevant 448 

Tozer 448 

Warwick 221,  222 


INDEX  OF   DEBATES. 


885 


Fitch. 


Page. 

Fines,  excessive,  not  to  be  imposed 59 

First  session  of  Legislature,  time  of .  . . . 

153,  305-310 
Remarks  vf 

Mr.  Banks 305,  310 

Brosnaa 308 

Chapiu 307 

Collins 306 

Dunne 305,  308 

Fitch 305,  306,  308,  309 

Hawley 307 

Hovey 306,  310 

Johnson 305-310 

Kennedy 306 

Nourse 308 

Proctor 307,  309 

Sturtevant 307,  308 

Fiscal  year,  time  of  commencement  of. . 

219-220,  807 
Remarks  of 

Mr.  Brosnan 807 

DeLong 219,  220 

Frizell 219,  220 

Hovey 219 

Johnson 219,  220 

Kinkead 219 

FITCH,  THOMAS. 

Appointed  on  Committee  on  Printing 

for  the  Convention 39 

Credentials  of 3 

Granted  leave  of  absence 447 

Moved  adoption  of  preamble 35 

Moved  evening  session 73 

Moved  omission  of  certain  proceed- 
ings from  official  report  of  Conven- 
tion      317 

Moved  second  reading  of  Preamble..     39 

Remarks  upon 
Adjournment  of  the  Legislature  from 

time  to  time 142 

Adjournment  sine  die 11,  13 

Banking  system 164,  165 

Basis  of  Constitution 17,  21,  22,  23 

Compensation  of  county  officers 155 

Compensation  of  officers  of  the  Con- 
vention   8,  273,  274 

Compensation  of  members  of  the  Leg- 
islature   155,  156,  157,  312 

Contingent  expenses  of  the  Legisla- 
ture   156,  157,  312 


Corporations.  .164-168, 170,  189,  192,  203, 

205,  207-216,  318,  387-391,  394,  400, 

403,  404,  405,  498 

Day  of  election 275 

Declaration  of  Rights.  .41-44,  47,  49,  52, 

53,  54,  56,  57,  59,  60,  67,  68,  69,  195, 

196,  199 

Disfranchisement  of  rebels 102-104 

Dueling 106 

Evening  sessions 73,  74 

Evidence  of  treason..  .67,  68,  69,  195,  196 

Executive  Department 248 

Final  passage  of  bills 144,  145 

Finance  and  State  debt 222 

Grand  Jury  system 59,  60,  199 

Homestead  exemption.  .281,  283,  287,  311 
Instructions  to  Judiciary  Committee, 

232,  241 

Judicial  Department 232,  241 

Legislative  Department,  141, 142,  144,  145, 
147,    149,  152-157,  280,    281,  283,  287, 
305-309,  311,  312 
Memorializing    Congress    relative   to 

Judiciary  system 172,173,  174 

Municipal  indebtedness 165,  166 

Oath  of  office 106 

Oath  prescribed  for  voters.  .244.  245,  246, 
254,  267,  268 

Offices  of  profit 141 

Organization  of  the  Convention 5,  8 

Pacific  Railroad.  .  .166,  167,  168.  170,  189, 

192, 203, 205,  207-216,  292-295,  387-391, 

394,  400,  403,  404.  405,  498 

Paramount  allegiance ....  41-44,  47,  49,  52 

Personal  explanation 317,318 

Poll  tax 117 

Preamble  and  name  of  State 33,  38 

Printing  rules  of  the  Convention 38 

Qualifications  of  jurors 153 

Qualifications  of  voters  upou  the  Con- 
stitution  122,  124 

Residence  of  voters ...    72,  73 

Right  of  Suffrage. .  .  .72,  73,  102,  103,  104, 
117,  122, 124.  244,  245,  246.  254,  267,  268 

Rules  of  Convention 8 

Salaries.  .501,  502,  504.  505,  506,  .508,  509,. 
510,  512,5.13. 

Second  reading  of  preamble 3ft,  40 

Sole  traders ^ .    154 

Sp  cial  legislation 147,  149,  152,  280 

State  scrip 222, 


886 


INDEX   OF   DEBATES. 


Fbizell. 


FITCH,  THOMAS. 

Remarks  upon. 

Taxation.  .220,  227,  228,  :521,  322,  324,  333, 

34.5,  34S.  3()3.  3(59,  375,  381,  383,  384,  385, 

38G,  409,  417,  420,  422,  423,  428,  437,  439, 

440,  441,  444,  44(5,  447,  501 

Term  of  office  of  Governor 248 

Time  of  first  session  of  the  Legisla- 
ture  305,  306,  308,  309 

Treason,  evidence  of. .  .67,  68,  69,  195,  196 

Trial  by  jury 53,  54,  56,  57 

FOLSOM,  GILMAN  N. 

Appointed  on  Committee  on  Educa- 
tion    448 

Appointed  on  Committee  on  State  Seal     75 

Credentials  of •  ■  • " 4 

Granted  leave  of  absence 583 


Remarks  upon 

Banking  system 

C«  rporations 

Taxation 224, 

Forcible   entry    and    unlawful  detainer, 
jurisdiction  of.    [See  Justices  of  the 
Peace.] 
Foreigners  to  enjoy  same  property  rights 

as  native  born 

Forfeiture  of  School  Funds.    [See  School 

Funds.] 
Praxciiise,  special.     [See  privilctrcs  and 
immunities,  also  special  ie^  slation.] 

Freedom  of  speech  and  the  press 

FRIZELL.  LLOYD. 

Appointed  on  Committee  on  Engross- 
ment   

Appointed  on  Committee  on  .Judiciary 
Appointed  on  Committee  ou  Publica- 
tion of  the  Constitution 

Appointed  ou  Committee  to  conduct 

President  elect  to  the  chair 

Credentials  of 

Granted  leave  of  absence. . .  .268,  792, 


451 
451 
333 


63 


.3 

804 


Remarks  upon 
Adjournment    in   honor  of  Independ- 
ence Day .''. 

Amendments  of  the  Constitution  .527,  52!) 
Apportionment  of  representation.  635,  (i36 
Appropriation  of  the  public  lands  for 

school  i)urposes 580 

Board  of  Regents 589 


Page. 

Clerks  of  County  Commissioners 791 

Compensation  of  county  officers...    .    152 
Compensation  of  members  of  the  Leg- 
islature      606 

Compulsory  attendance  on  the  public 

schools 573 

Corporations 207,  470,  471,  472 

County  Auditors 280,  281 

Court  fees 736 

Courts  in  Storey  County 645,  650 

Day  of  election  on  the  Cou'stitution . .   769 

Declaration  of  Rights .201,  202 

Disfranchisement  of  rebels 97,  98 

District  Courts  and  Judges 650 

Dueling 668,  671 

Education 573,  578.  580 

Electiou  Ordinance 625,  627,  769,  771 

Evening  sessions 128 

E.x'ecutive  Department 158 

Finance  and  State  debt 219,  220 

Fiscal  year,  commencement  of. .  .219,  220 

Granting  leave  of  absence 128 

Homestead  exemption 303,  304 

Impeachment  and  Removal  from  office, 

547,  556 
Instructions  to  Judiciary  Committee, 

241,  242,  243 

Judicial  Department. .  .241,  242,  243,  619, 

645,   650.   675,    684-687,   589,    690.   691, 

721,  729,  732,  736.  740 

Justices'  Courts. . .  .684-687,  689,  690,  691 

Legislative  Department 147,  152,  154, 

280.  303.  304,  791 
Limitation  of  taxation  and  appropria- 
tions   765 

Miscellaneous  Provisions 668.  (i71 

Oath  of  Office 668,  671 

Oath  prescribed  for  voters..  .244,  257,  258, 
259,  261,  490,  491,  492 
Ordinance  concerning  slavery,  relig- 
ious toleration,  and  the  public  lands,  780 

Pacific  Railroad 207.  470,  471,  472 

I'aramount  allegiance.  . .    201.  202 

Postponement  of   article  on  Judicial 

Department 619 

I'rovisions  for  school  funds 580 

Publication  of  Constitution 775 

Qualifications  of  State  officers 598 

Qualifications  of  voters  upon  the  Con- 
stitution     133 

Residence  of  voters 71,  107,  108 


INDEX  OF  DEBATES. 


887 


Grand  Jury  System. 


Page. 
FRIZELL,  LLOYD. 

Remarks  upon 
Right  of  Suffrage.. .  .71,  79,  107, 108,  133, 
244,  257,  258,  259,  261,  490,  491,  492 

Salaries 598,  606 

Salaries  of  Judges 729,  732 

Salary  of  Secretary  of  State 598 

Schedule 635,  695,  704,  765 

Sole  traders 154 

Special  franchises 147 

Special  school  tax 588,  592 

State  University 587,  590 

Supreme  Court 740 

Taxation 224,  500,  517-520 

Terms  of  Assemblymen 695 

Terms  of  Courts 675,  704,  721 

Time  of  maintaining  district  schools.  578 

Vacancies  in  office 158 

Funds  of  the  Treasury.     [See  Treasury.] 

G- 

General  election,  day  of.  [See  election.] 
GIBSON,  GEORGE  L. 

Appointed  on  Committee  on  Enroll- 
ment       75 

Appointed  on  Special  Committee  to 
wait  on  Judge  Wright,  and  request 
him  1o  administer  oath  of  office  to 
members 4 

Appoioted  on  Committee  on  Final  En- 
rollment of  the  Constitution 725 

Credentials  of 3 

Nominated  George  Richards  for  Page 
of  Convention 8 

Remarks  upon 
Additional    compensation   of  officers 
and   attaches  of  the   Convention.. 

804,  805,  806 
Adjournment   in    honor   of    Indepen- 
dence Day 3 

Adjournment  sine  die 12,  13 

Amendments  of  the  Constitution,  527,  532 

Boundary  memorial 794 

Contingent  expenses  of  the  Legisla- 
ture     607 

Corporations.  .186,  389,  459,  463,  464,  4fi8 

Courts  in  Storey  County 648 

Election  Ordinance 629 

Enrollment 743 

Finance  and  State  debt 448,  450 


Judicial  Department 648 

Lander  County  officers 749 

Legislative  Department 307 

Limitation  of  taxation  and  appropria- 
tions   819 

PaciQc  Railroad. .  .186,  389,  448,  450,  459, 

463,  464,  468 

Publication  of  the  Constitution 775 

Rules  of  the  Convention 8 

Salaries 607,  608 

Schedule 749,  819 

Taxation 381,  407 

Territorial  indebtedness 750 

Gillespie,  William  Martin,  elected  Secre- 
tary of  Convention 5 

[See  Secretary.] 

Governor,  eligibility  of .  . . , 157,  159 

Remarks  of 

Mr.  Earl 157 

Governor,    impeachment    of      [See   Im- 
peachment and  Removal.] 
Governor,  pardoning  power  of.    [See  par- 
doning power.] 

Governor,  salary  of 596 

Governor,  term  of  office  of ,  , . .  157,  248 

Remarks  of 

Mr.  Dunne 157,  248 

Fitch 248 

Governor  to  adjourn  Legislature,  etc 158 

Governor  to  be  Commander-in-Chief  of  the 

military  forces 158 

Governor  to  call  out  militia,  etc 524 

Governor  to  communicate  by  message  to 

the  Legislature 158 

Governor  to  convene  special  sessions  of 

the  Legislature  '. 158 

Governor  to  611  vacancies  in  office 158 

[See  vacancies.] 
Governor  to  see  laws  faithfully  executed.   158 
Governor  to  sign  grants  aud  commissions,  160 
Governor,  veto  power  of     [See  veto.] 
Grand  jury  system. .  .59-63,  196-199,  774,  775 
Remarks  of 

Mr.  Banks 774 

Brosnan 196,  197,  774 

Chapin 196 

Collins 774 

DeLong 199 

Fitch 59,60,  199 

Hawley 774 


888 


INDEX  OF  DEBATES. 


Hawlet. 


Mr.  Hovey 197 

JohnsoQ 196-199,  774 

McClinton 198 

Nourse 59,  196,  197,  198,  774 

Proctor 60,  196,  197 

Tozer 198 

Great  seal  of  State.    [See  State  Seal.] 

H 

Habeas  Corpus,  writ  of,  when  to  be  sus- 
pended       59 

Remarks  of 

Mr.  Proctor 59 

HAINES,  J.  W. 

Appeared  and  qualified 201 

Appointed  on  Committee  ou  Phrase- 
ology and  Arrangement 230 

Appointed  on  Committee  on  Schedule  447 

Credentials  of 3 

Granted  leave  of  absence 268 

Remarks  upon 

Corporations 203,  473,  474,  497,  498 

Oath  prescribed  for  voters. . .  262,  483-486, 

491 
Pacific  Railroad. .  .203,  473,  474,  497,  498 

Personal  explanation 485,  486 

Right  of  Suffrage 262,  483-486,  491 

Taxation 223,  224,  227,  228,  411,  412, 

413,  416,  422,  423,  428,  429,  449,  500, 
501,  515,  517,  518 
HAWLEY,  ALBERT  T. 

Appointed  on  Committee  ou  Educa- 
tion     448 

Appointed  on  Committee  on  Enroll- 
ment      75 

Appointed  on  Committee  on  Judiciary     84 

Credentials  of 3 

Made  reports  from  Committee  on  En- 
rollment, 465, 535, 793,  795, 797, 799,  804 
Moved  admi.«sion  to  seats  of  amateur 

phonographic  reporters 73 

Moved  appointment  of  additional  mem- 
bers of  the  Judiciary  Committi-e.  . .    174 
Moved    appointment    of    P^ugrossing 

Clerk 78 

Moved  election  of  subordinate  officers 

of  the  Convention 8 

Moved  to  invite  Colonel  Cradlebaugh 
to  a  seat  within  the  bar  of  the  Con- 
vention      51 


Offered  resolution  to  adjourn  over. . .   387 
Offered  resolution  to  print  100  copies 
of  the  rules  of  the  Convention.  .  .36,  38 
Remarks  upon 
Adjournment  over  of  the  Ctmvention  387 

Adjournment  sine  die 11.12 

Amendments  of  the  Constitution 811 

Arrangement  of  Articles 79 

Attaching   Roop   County   to  Washoe 

County  for  certain  purposes 774 

Banking  system ., 453 

Basis  of  the  Constitution i . . . .     22 

Board  of  Regents 589 

Compensation   for    private    property 

taken  for  public  use 61 

Compulsory  attendance  on  the  public 

schools 566,  567,569,  574 

Court  fees 737,  738 

Corporations. .168,  171,  175-178,  203,  204, 

205,  209,  210,  212,  216,  405.  449,  453, 

458,  459,  472,  475 

Day  of  election  on  Constitution 769 

Declaration  of  Rights. .  .45,48,  53.  54,  57, 

61,  465,  774.  782 

Disfranchisement  of  rebels,  81,  82,  84.  85,  94 

Dueling 106,  666,  667,  669,  673 

Education,  448,566-569,574-577,579,  580, 

585,  587, 589,  590,  591,  593,  595,  661,  769 

Election  Ordinance . .  623, 624, 625, 627,  629, 

630,  769 

Engrossment 77,  78,  79 

Enrollment. .  .202,  535,  584,  585.  698,  743, 
773,  779,  793,  795, 797,  804 

Executive  Department 798 

Final  revision  of  theCoustitutiou.  . .  .   779 

Finance  and  State  debt 222 

Funds  of  the  Treasury 608 

Funds  for  new  school  districts,  574,  575,  576 

Grand  Jury  system 774 

Granting  leave  of  ab.sence 742 

Increasing  Judiciary  Committee 174 

Instructions  to  Judiciary  Committee. . 

232,  233 

Judicial   Department. .  .232,  233.  619,  620, 

692.  703,  727, 728,  737,  738,  799-803 

Justices'  Courts 692,  727,  728 

Legislative  Department  ...  147,  148,   307, 

313,  314 

Limitation  of  debate 37 

Limitation  of  taxation  and  appropria- 
tions   816,  824 


INDEX  OF  DEBATES. 


HOTET. 


HAWLEY,  ALBERT  T. 

Remarks  upon 
Memorializing    Congress    concerning 

the  judiciary  system 174 

Miscellaaeous  Provisions. .  .666,  667,069, 

673 

Oath  of  office 106,  6G6,  667,  669,  673 

Oath  prescribed  for  voters.  .2-14,  246,  265, 
492.  493,  494 
Ordinance  concerning  slavery,  relig- 
ious toleration,  and  the  public  lands,  780 
Organization  of  the   Convention. 4,  5,  6,  8 
Pacific  Railroad. .  .168,  171,  175-178,  203, 
204,  205,  209,  210,  212,  216,  295,  405, 
449,  458,  459,  472,  475,  497 
Paramount  allegiance. .  .45,  48,  53,  54,  57 

Personal  explanation 769 

Phraseology  and  arrangement  of  the 

Constitution 230 

Poll  tax.. HI,  112,  113,  120,  121,  146,  535 
Postponement  of  Article  ou  Judicial 

Department 619,  620 

Printing  rules  of  the  Convention,  36,  38,  39 
Provisions  in  regard  to  school  fund, 

580,  589 
Publication  of  Debates  and  Proceed- 
ings of  the  Convention 815 

Publication  of  the  Con.stitution 775 

Registry  law Ill 

Residence  of  voters 108 

Resolution  of  thanlis  to  the  President 

of  the  Convention 828 

Right  of  defending  in  person 782 

Right  of  Suffrage.  .81,  82,  84,  85,  94,  106, 

108,  111,  112,  113.  120,   121,   146,  244, 

246,  265,  492,  493,  494,  535 

Salaries 596,  608 

Salaries  of  Judges 803 

Schedule. .  - 774,  813,  815,  816,  824 

Sectarian  instruction  in  public  schools, 

568,  661 

Special  legislation 147,  148 

Special  school  tax 591,  593,  769 

State  scrip 222 

State  Univer.sity 579,  585.  586,  590 

Supreme  Court 800,  801 

Taxation 222,  223,  225,  226,  229,  318, 

336-339,  349,  365,  381,  415,  422,  431,  442, 
443,  444,  520 
Time  of  first  session  of  the  Legisla- 
ture     307 


Page. 
Time  of  maintaining  district  schools.  577 

Trial  by  jury 53,  54,  57 

Vacancies  in  office 703 

Veto  power 313,  314 

Homestead,  exemption  of,  provisions  con- 
cerning. 153, 281-290,  310,  311,  314,  315, 
790,  791 

Remarks  of 

Mr.  Banks 153,  282,  286 

Brosnan 311,  790 

Chapin 288 

Collins 286-289,  310,  311 

Crosman 281 

DeLong.  .283,  285-290,  302,  303,  304, 

791 

Dunne 310,  311 

Earl 302,  303,  304.  310,  311 

Fitch 281,283,287,  311 

Frizell 303,304 

Johnson.  .153,  282,  283,  287,  288,  289, 
310,  311,  314,  315 

Kennedy 153,  283,  301,  302,  303 

Kinkead 791 

Lockwood 303 

McClintou 314,  315 

Nourse 304,  310,  311,  315 

Tagliabue 311 

Tozer 283,284,288,  289 

Warwick 281,  282,  283 

House  of  Refuge 524 

[See  Public  Institutions.] 

HOVEY,  ALMON. 

Appointed  on  Committee  on  Enroll- 
ment       '5 

Credentials  of 3 

Granted  leave  of  absence 128 

Nominated  Andrew  Whitford  as  As- 
sistant Secretary 9 

Remarks  upon 

Banking  system 163,  202 

Bribery l-*2 

Compensation  of  members  of  the  Leg- 
islature    607 

Corporations.  .163, 178,  186,  190,  191,  192, 
203,  204,  205,  298,  448,  498 

County  Courts 616,  617 

Courts  in  Storey  County 617 

Declaration  of  Rights 197 

Disfranchisement  of  rebels 80,  81 

Election  Ordinance 534,  625,  626 


890 


INDEX  OF  DEBATES. 


Indkpendence  Day. 


Page. 
HOVEY,  ALMON. 

Remarks  upon 

Executive  Department lull 

Filling  vacancies  in  the  Legislature. .   143 

Finance  and  State  debt 219 

Fiscal  year,  commencement  of 219 

Grand  Jury  system 197 

Judicial    Department. .  .Glfi,  ()17,  619,  620 

Legi.slative    Department.  .  .142,   148,   152, 

275,  280.  306,  310,  314 

Miscellaneous  Provisions 614 

Oath  prescribed  for  voters.  .245,  256,  270, 

273 
Official  designation  of  State  Control- 
ler     614 

Pacific  Railroad..  178,  186,  190,  191,  192, 
203,  204,  205,  298,  448,  498 

Pardoning  power 159 

Personal  explanations 202,  441 

Poll  tax 120 

Postponement  of  Article  on  Judicial 

Drpartment 617,  619,  620 

Qualification  of  voters  upon  the  Con- 
stitution     138 

Right  of  Suftrage..80,  81,  120,  138,245, 
256,  270,  273 

Salaries 521,  596,  607,  608 

Salary  of  Secretary  of  State 596 

Secret  sessions 142 

Special  legislation 148,  152,  280 

Ta.xation . . .  223,  347,  349,  406,  441,  444, 

500,  515 
Time   of  first  session   of  the  Legisla- 
ture   306,  310 

Veto  power 314 

HUDSON,  GEORGE  A. 

Appointed  on  Committee  on  State  Seal     75 
Ajjpointed   on  Special  Committee  to 
Wait  on  Judge  S.  C.  Wright  and  re- 
quest  him    to  administer    oath   of 

office  to  members 4 

Credentials  of 4 

Granted  leave  of  absence,  193,583,  638,  697 


Idiots,  not  entitled  to  right  of  suffrage.  . .     80 
Imi'Kaciimk.nT   and    Removal    from    Ollice, 
Article  on — 
Referred  to  Judiciary  Committee.  , . .    162 
Reported  from  Judiciary  Committee. . 

537,  538 


Page, 
Considered  in  Committee  of  the  Whole 

541-554 
Considered  in  Convention. .  .554-565,  640 
Amended  on  report  of  Committee  on 
Phraseology  and  Arrangement.  ...   745 

Final  revision  of 806,  807 

Remarks  of 

Mr.  Banks,  542. 543,  549.  550,  551,  553-557, 

564.  806,  807 

Brosuan. .541-544,  552.  553,  554,  557, 

640,'  743,  744,  807 

Chapin .547,  807 

Collins 546,  547,  559,  560.  561 

Crosman 541 

DeLong 557-564.  744,  806,  807 

Dunne... 541,  547-550,  552,553.554, 
556,  640 

Frizell 547,  556 

Johnson.  .541,  544.  545,  546,  549-554, 
.557,  560-564 

Kennedy 554 

Kinkead 744 

Lockvvood 555,  556 

McClinton 564 

Nourse. .  .541,  542,  543,  548,  549,  552, 
553,  554 

Parker 806,  807 

Warwick 546,  556,  557 

Welherill 553 

Imprisonment  for  debt  prohibited 66 

Imprisonment  for  militia  fine  prohibited..     66 
Increase  of  Judiciary  Committee 174 

Remarks  of 

Mr.  Brosnan 174 

Dunne 174 

llawley 174 

Johnson 174 

Tozer 174 

Indebtedness  of  cities  and  towns  restricted,  16 

[See  Municipal  Indeiiti  dness.] 
Indehtedne.ss  of  Territory.     [See  Territo- 
rial Del)ts.] 
Indkpendenck  Day,  adjournment  in  honor 

of 3 

Remarks  of 

Mr.  Ball 3 

Chapin 3 

Frizell 3 

Gibson  3 


INDEX  OF  DEBATES. 


891 


Johnson. 


Mr.  Nourse 3 

Stiirtcvant 3 

Tuzer 3 

Indexing  Debates  and  Proceedings. 

[See  Debates  and  Proceedings.] 
Indian-s.  ex('iTii)tion  of  from  poll  tax.    [See 

Poll  Tax.] 
Indictmknt  or  presentment  by  Grand  Jury 
required    in   criminal   cases.      [See 
Gand  Jury   system.] 
Indigent  sick,  exemption  of  from  poll  tax. 

[See  Poll  Tax.] 
Ineligibility  of  Judges  to  other  than  ju- 
dicial offices U7G 

Insane  persons,  not  entitled  to  right  of  suf- 
frage       80 

Instructions  to  Judiciary  Committee  con- 
cerning Judiciary  system 231-243 

[See  Judicial  Di'partment.] 
Interest  on  money 152 

Remarks  of 
Mr.  John,soD 152 

J 

Jefferson's  Manual,  adoption  of  as  rules 

of  the  Convention 38,  39 

Remarks  of 

Mr.  Banks 38 

Chapin 38,  39 

Nourse 39 

Jefferson's  Manual,  resolutions  explana- 
tory of 75 

JOHNSON,  J.  NEELY. 

Appointed  on  Committee  on  Address 

to  the  People G99 

Appointed  on  Committee  on  Creden- 
tials  , 3 

Appointed  on  Committee  on  Educa- 
tion     447 

Appointed  on  Committee  on  Judiciary  174 
Appointed  on  Committee  on  Schedule  447 
Appointed  to  contract  for  and  super- 
vise publication  of  debates  and  pro- 
ceedings     704 

[See  last  section  of  Schedule.] 
Called  Convention  to  order  on   first 

day  of  session 1 

Credentials  of 3 

Elected  President  of  the  Convention.       5 


Page. 

Granted  leave  of  absence 450,  583 

Moved  that  C.  M.  Brosnan  be  President 
pro  tern 1 

Moved  that  C.  W.  Tozer  be  Secretary 
pro  tern 1 

Moved  that  Orion  Clemens,  Secretary 
of  the  Territory,  call  roll  of  dele- 
gates elected  to  Convention 1 

Moved  that  per  diem  of  Chaplains  be 
increased 804 

Offeied  resolutions  instructing  Judici- 
ary Committee  in  regard  to  judicial 
system 231,  243 

Remarks  upon 

Additional   compensation   of    officers 

and  attaches  of  the  Convention,  ^04,  805 
Address  on  taking  chair  as  President,  5 
Address  on  the  final  adjournment  of 

the  Convention 828,  829 

Address  to  the  People .     699 

Adjournment  sine  die,  resolution  for,  12,  13 

Arrangement  of  Articles 79,  80 

Assumption  of  municipal  debts 22 

Apportionment  of  representation. . . . 

634,  635,  637 
Appropriation    of    public    lands    for 

school  purposes 580 

Attaching  Roop  County  to  Washoe 
County  for  certain  purposes. .  .773,  774 

Banking  system 164,  165,  454 

Basis  of  Constitution 17,  22 

Board  of  Examiners 161 

Boundary .   540 

Boundary  memorial  to  Congress.  .793,  794, 

795 

Bribery 1-il 

Business  before  Committees 616 

Business  in  Committee  of  the  Whole. .   541 
Calling  Convention  to  order  first  day 

of  session 1 

Calling  roll  of  delegates  to  the  Con- 
vention         1 

Closing  address 828,  829 

Commencement  of  terms  of  Judges. .   708 
Compensation    for   private    property 

taken  for  public  use 60,  62 

Compensation  of  Chaplains.  .  .8,  804,  805 

Compenssation  of  county  officers 155 

Compensation  of  officers  of  the  Legis- 
lature     305 


892 


INDEX  OF  DEBATES. 


Johnson. 


Page. 
JOHNSON,  J  NEELY. 

Remarks  upon 
Compensation  of  Official  Reporter  of 

the  Coaveiitioa 704,  751 

Compensation  of  members  of  the  Leg- 
islature. .  155, 156. 157,  281,  314,  602-G07 

Compel. sation  of  State  officers 251 

Compulsory  attendance  on  the  puWic 

schools 572 

Constitution  of  the  United  States,  reso- 
lution adopting 51 

Contingent  expenses  of  the   Legisla- 
ture   155,  15(),  157,  607 

Continuance  of  county  officers. .  .696,  707 

Continuance  of  rights,  actions,  etc. . .   752 

Corporations.  .164-167,  187,  209,  214,  217. 

218,  387,  393,  401,  404,  449,  462,  470, 

474,  495,  497,  807 

County  Auditors 278,  279 

County  Courts G17,  639,  640 

Court  fees 641,  733-738.  803,  814 

Courts  in  Storey  County,  617,  648,  653-658, 

714,  715 

Day  of  election 139.  140,  275,  284 

Day  of  election  on   the   Constitution 

766-769,  772,  773,  786,  826,  827 

Debates  and  Proceedings 746 

Declaration  of  Rights  .  .45,  60,  62,  64,  66, 
196-199,  465,  774,  775,  781-785 

Disfranchisement  of  rebels 87,  88,  89 

District  Courts  and  Judges.   651-654,  656, 
657,  658,  713-721 

Dueling 610,  667,  668,  670-673 

Duties  of  Secretary  of  State 160 

Education.  Article  on.  .447.  566,  567,  568. 

572,  574,  578,  580,  581,  582,  585,  586. 

660.  662,  745,  746 

Election  Ordinance  ..  .539,  622.  623,625, 

(i2(i,  (i28,  629,  630,  766-773,  825,  826 

Election  returns 797 

Engrossm(;nt 74,  78,  79 

Euroilinent.  .  ..585,  724,  725,  743,  744.  773, 

793,  795; 

Equity  jurisdiction 728,  729 

Evening  sessions 126,  127  I 

Executive  Department.  .  158-161,  250,  251, 1 

797,  79hJ 

Fees  of  City  Recorders 775 

Final  passage  of  bills Ill 

Final  revision  of  the  Constitution. . . .   779  | 
Finance  and  State  debt. .219,  220,  221,  448,  j 

8081 


Page. 
Fiscal  year,  commencement  of. .  .  .219,  220 

Funds  of  the  treasury 608 

Grand  Jury  system 196-199,  774 

Granting  leave  of  absence.  .638,  639,  697, 

698,  742 

Homestead  exemption.  .153,  282,  283,  287, 

288.  289,  310,  311,  314,  315 

Impeachment  and  Removal  from  ofBce, 

article  on.  .541,  544,  546,  549-554,  557, 

560-564 
Increase  or  diminution  of  Sali^ries,  614,  615 
Increa.^ing  the  Judiciary  Committee..  .  174 
Instructions  to  the  Judiciary  Commit- 
tee  231-235,  238,  239,  240,  243 

Interest  on  money 152 

Judicial  Department..  .  .231-2.35,  238,  239, 

240,  243,  538,  617,  618,  620,  621,  641-644, 

648,  649,  651-658,  674r-677,  681,  682.  685' 

686,  687,  690,  691,  692. 699-703,711-723, 

728-740,  799-803 

Justices'  Courts. .  .682.  685,  687,  690,  691, 

692,  699-702,  723.  728.  729 

Lander  County  officers.  .  696,  709,  747,  749, 

750.751 

Legislative  Department,  139-144.  149-157, 

275-284, 288,  289,  305-315,  466,  787,  788, 

789,  796 
Limitation  of  debate.  .36,  37,  38,  466,  584 

Limitation  of  State  indebtedness 221 

Limitation  of  taxation  and  appropri- 
ations. .752,  754-759,  763,  792,  793,  808, 
816-819,  824 
Miscellaneous  Provisions. .  .  .608-611,  613, 
614,  663.  667,  671,  672,  67.3,  741,  809.  810 
Mode  of  procedure  of  the  Convention, 

40,  41 

Muiiieip;il  Courts 732 

Municipal  loans 218 

Oath  of  office 610.  667.  6(iS,  670-673 

Oiitli  oC  office  of  members  of  tlie  Con- 
vention        4 

Oatii  prescribed  lor  voters  .  .244,  254,  260, 
261, 268, 270, 478-481, 486,  488, 489,  492 

Offices  of  profit 141,  789 

Official  bonds  of  State  officers. .  .707,  708, 

710,  748 
Official  designation  of  State  Controller, 

613,  614 
Ordinance  concerning  slavery,  religi- 
ous toleration,  and  the  public  lands, 

50,  780 
Organization  of  the  Convention 8 


INDEX   OF   DEBATES. 


893 


Johnson. 


JOHNSON.  J.  NEELY. 


Page. 


Remarks  upon 

Pacific  Railroad   .  .166,  167,  187,  209,  214. 

217,  295.  296.  298,  299,  387,  .S93.  401,  404, 

448,  449,  462,  470,  474,  495,  497,  807 

Paramouut  allegiance 45,  54,  58,  781 

Pardoning  power .   159 

Perpetuities 159 

Personal  explanation 318 

Phraseology  and  arrangement..  .  .230,  231 

Poll  ta.x' 112-116,  145,  146,  786 

Postponement  of  Article  on  Judicial 

Department 617,  618,  620,  621,  674 

Preamble  and  name  of  State 34 

Privileges  and  immunities 64 

Prohibition  of  slavery 50,  66,  783 

Provisions  for  School  Fund 580 

Proxies  for  absent  members  of  the  Con- 
vention       43,3-436 

Publication  of  the  Constitution.  .775,  776, 

777 
Publication  of  debates  and   proceed- 
ings of  the  Convention 705 

Publication  of  laws  and  Judicial  de- 
cisions     613 

Qualifications  of  jurors 153 

Qualifications  of  State  officers.  .160,  596. 

597 
Qualifications  of  voters  upon  the  Con- 
stitution..  .122,  123,  124,  129-133,136, 
137,  138,  787 

Reference  of  articles 466 

Registry  law Ill 

Residence  of  State  officers 161 

Residence  of  voters 108 

Resolution  adopting  Constitution  of 

the  United  States 51 

Right  of  defending  in  person 782 

Rightof Suftrage..87,88,  89,106,  108-116. 

122,  123,  124,  129-133,  136,  137,  138, 

145,  146,  244,  252,  254,  260,  261,  268, 

270,  271,  467,  478-481,  486,  488,  489^ 

492,  786,  787 

Rules  of  the  Convention 8 

Salaries.  .502,  503,  504,  506,  508-513,  596, 
597,  599,  600-608,  641,  752 
Salariesof  Judges.  .600,  601,  677,  729-732, 
803,813,  814 
Salary  of  Secretary  of  State . .  596,  597,  599 
Salary  of  State  Controller 599 


Schedule.  .634,  635,  637,  69.3-696,  704-710, 

747-752,7,54-759,  763,  773,  774,  812,  813, 

814,  816-819,  824 

Seat  of  Government 608,  609 

Second  reading   of  preamble 40 

Secret  sessions  of  Legislature 142,  143 

Sectarian   instruction   in    the    public 

schools 660 

Seizures  and  searches 783,  784,  785 

Senatorial   Districts 788 

Separate  property  of  the  wife.  .  .154,  279, 

312 
Sessions  of  the  Legislature.  .139,  695,  787, 

788 

Soldiers'  vote 109,  110,  252,  271 

Sole  traders 283,  284 

Special  legislation.  .  .64,  65,  149,  160,  151, 

280,  466 

Special  school  tax 662 

State  Seal 706 

State  University.  .  .580,  581,  582,  585,  586, 

662,  745 
Stationery  for  the  use  of  the  Conven- 
tion        7 

Substitution  of  "  yeas  and  nays ''  for 

"  ayes  and  noes  '" 796 

Superintendent  of  Public  Instruction, 

566,  567,  568 

Supreme  Court.  600,  601,  617,  641-644,649, 

652,  711,  712,  713,  740,  800 

Surveyor  General 250 

Taking  chair  as  President 5 

Taxation.  .223,  229,  318,  319,  321-324,  329, 
332,  340,  342  350,  355,  362,  363,  366,  372, 
376,  377,  380,  381,  382,  384,  385,  386, 
406,  407,  408,  412-420,  422,  423,  424, 
427-431, 436,  437, 441-446,  449,  515,  517, 

518,  520 
Term  of  office  of  State  officers,  610,  611,  707 
Terms  of  Courts. .  .674,  675,  704-707,  721, 

722,  723 
Terms  of  office  of  State  Senators,  140.  693, 

C94,  695 

Territorial  indebtedness 750 

Time  of  first  session  of  the  Legislature, 

305-310 
Time  of  maintaining  district  schools, 

577,  578 

Trial  by  jury. 54,  58 

Vacancies  in  office 158,  702,  703,  705 

Veto  power 157,  313,  314 


8iU 


INDEX  OF  DEBATES. 


Judicial  Power. 


JONES.  WIILIAM  HENRY. 

Cndeutials  of. 3 

[Did  not  attend  the  Convention.] 
JocRXAL   of  Conveution,    resolution    pro- 
viding for  engrossment  of 826 

Journal  of  Convention,  resolution  relative 

to  disposition  of  official  minutes  of.   74(i 
Journals  of  Li'?islatnre  to  be  k-pt  and 

published U2 

Judges,  conipensatiou  of.     [See  salaries  of 

Judges.] 
Judges  ineligible  to  otlier   than  Judicial 

offices *J7C 

Judges,  vacancies  in  office  of.     [See  va- 
cancies.] 
Judicial  decisions,  publication   of.      [See 

Publication.] 
Judicial  Department.  Article  on— 

Committee  appointed  upon 75,  84,  174 

R(;ferrid  to  Judiciary  Committee. . . .    162 
Resolution  instructing  Judiciary  Com- 
mittee concerning 231-243 

Resolution  n quiring  Committee  upon' 

to  report 534 

Reported   from  Judiciary  Committee, 

536,  537,  538 
Considered  in  Committe<!  of  thr  Whole, 

616-619.  641-6.")!).  674-6i>2.  699-703 

Considered  in  Convention 619,  622, 

711-740 
Amended  on  report  of  Committee  on 
Phraseology  and  Ar.angement.  752,  753 

Final  revision  of 799-803 

Remarks  of 

Mr.  Banks.  .74,  75,  233,  2.34,  243,  617,  620 

622,  641.  642.  647,  649.  651,  653,  654, 

655,  65«,  674-677,  680.  681.  688.  689. 

691.701.  702.  703   713-716.  718. 721. 

723-72H,  732.733.  73.").  736,  739,  740, 

799.801.  802.  803 

Brosnan. . . .74,  75.  233,  240,  241,  538, 

641,  643,  648,  649,  651,  653-657,  674- 

677,  679.  680.  685.  686,  690.  691,  700- 

703,712-721,7^4.726,728,  729,733. 

739.740.  799.  «0l,  802,  803 

Cbapin. .  .242,  24.3,  617,  619,  620,  644. 

647,648,651.659,1191.  715,  716,721, 

722.  732,  733,  735.  736,  739.  740,  799 

Collins.  .  .235.  236,  240,  619,  620,  641. 

646,  647.  648.  651,  679,  681,  682,  683, 

685,  687,  090,  691,  700,  702,  714,  737, 

738,  803 


Page. 

Crosman 617,  650,  658.  711 

Crawford - 731 

DeLong.  236-239.  240,  242.  243.  538, 
643.  645.  648-653,  6.55.  656.  658,  674, 
676-681,  683,685, 687-692,712,  725- 

740 
Dunne.  .  .231.   232.  238,  239.  618,  619, 

648.  649,  651,   653,   658,    677,   714, 

715. 732 

Fitch 232.  241 

Frizell..241,   242.  243.   619.645,650, 

675,  684-687,  689,  690,  691,  721.  729, 

732,  736,  740 

Gibson 648 

Hawley.  .232,  233.  619,  620,  692.  703, 
727,  728,  737,  738.  799-803 

IJovey 61G.  617,  619,  620 

Johnson. .231-235,  238.  239.  240,  243, 
538,  617,  618,  620,  621,  641-644,  648, 

649,  651-658.  674-677,  681,  682,  685, 
686,    687,    690,    691,    692,   699-703, 

711-723.  728-738,  740.  799-803 

Kennedy.. 618,  619,  620,644,645,  646, 

674,  676,  677,  690,  691,  702,  703,713, 

7::9,  736 

Kinkead 732,  799-803 

Lockwood 644.  ()77 

Mason 617,  621.  647,  737,  740 

McClinton. . .  .703,  712,  713,  722,  723, 
726,  729.  731,  732,  733.  736,  739,  802 

Murdock 619,  680,  683,  684 

Nourse. .  .239,  241,  644,  647.  648,  650, 

651,   653,   654,   655,   657,  658.   659, 

674-679,  801,  802 

Parker 646,  648,  7 1 3,  722 

Proctor.  .618,  619,  649,  702,  703,  715, 
716,  799,  802 

Sturtevant 243.  648 

Tagliabue 8o3 

Warwick 241,  644,  655,  t)75 

Welherdl 620,  621.  644,  650,  678, 

687-690,  7:^6,  735,  737 

Judicial  Districts 6i0 

[.-see  District  Courts  and  Judges.] 
Judicial  Officers,  continuance  of  from  Ter- 
ritorial to  Stale  organization 678 

.li  DiciAi,    Officers,    impeiichineiit    and    re- 
moval of.     [See   Impeachment  and 
Removal.] 
Judicial  Officers,  leave  of  absence  of.  .678,  739 
Judicial  power,  disiribuiion  of 616,  648 


INDEX  OF  DEBATES. 


895 


Kennedy. 


Page. 
Judiciary  system,  resoliitioii  to  memorial- 
ize Congress  concerning 172-174 

Remarks  of 

Mr.  Banks 172 

Biusnan 173 

Chupiu 173 

DeLor.g 173 

Dunne 172,  J  73 

Earl 173 

Fitch 172,  173,  174 

Hawley   173 

Tozer 173 

Juries,  cliarges  to 676 

Juries,  three-fourths  verdict  of,  allowed  in 

civil  cases 53,  199,  200 

[See  Verdict.] 
Jurisdiction  of  Courts.     [See  Judicial  De- 
partment.] 
Jurors,  qualifications  of.     [See  Qualifica- 
tions of  Jurors.] 
Jury,  power  of  ti  determine  law  and  fact,     63 

Remarks  of 

Mr.  Nourse 63 

Jury,  trial  by 53-59,  199,  2UU 

Remarks  of 

Mr.  Banks 53,  57 

Brosnaii 56 

Chapin 56 

Collins 59 

DeLong 53,  54.  56,  5.'^ 

Dunne 199,  200 

Earl 55,  58 

Fitch 53.54.  56.  57 

Hawley 53    54  ,57 

Johnsou 54,  58 

Nourse 56.  .t8 

Warwick 55,  57 

JUSTICKS"  Courts.  .  .675.  676.  678-692.  679-702. 
706,  707,  723-7ii9.  733,  777 

Remarks  of 

Mr.  Banks... 675,  680.  681.  688.  689,  691 

7i)l.  702,  707,  723-7^8 

Brosnan. .679.  680.  685,  686.  690,  691. 

.700,  701,  702,  706,  724,  726,  728,  729, 

733,  774 

Chapin 682,  691 

Collins. .  .679,  681.  682.  683.  685,  687. 
690,  691,  700,  702,  706,  707 


Page. 

Mr.  DeLong.  .675,  676,  678-681,  683,  685, 

687-692,  725-729 

Frizeli 684-687.  689,  690.  691 

Hawley 692,  727,  728 

Johnson.  .682,  685,  686,  687,  690,  691, 
692,  699-702,  723,  728,  729 

Kennedy 676,  690,  691 

McClinton 726,  733 

Murdock 680,  683,  684 

Nourse 675,  678,  679,  774 

Warwick 675 

Wetherill 687-690,  726 

JusTiCE.s  of  the  Supreme  Court.     [See  Su- 
preme Court.] 

K 

KENNEDY,  FRANCIS  H. 

Appointed  on  Committee  on  Address 

to  the  People 699 

Appointi  d  on  Committee  on  Creden- 
tials         3 

Appointed  on  Committee  on  Judiciary     75 
Appointed  on  Committee  on  Rules  and 

Order  of  Business 6 

Appointed  on  Special  Committee   to 

amend  Article  on  Right  of  Suffrage  467 
Appointed  on  Special  Committee  to 

draft  a  voters'  oath 268 

Credentials  of 4 

Granted  leave  of  absence 128.  800 

Made  report  from  Special  Committee 
amending  Article  on  Right  cf  Suf- 
frage (under  instructions),  by  in- 
corporating a  voters'  oalh 268 

Nominated  J.  Neely  Johnson  for  Pres- 
ident of  the  Convention 5 

Offered  resolution  limiting  debate. .  . .   584 
Offered  resolution  for  evening  sessions  126 

Remarks  upon 

Apportionment  of  representation,  632,  633, 

635 

Clerks  of  County  Commissioners.    . . .   791 

Compensation  of  Official  Reporter  of 
the  Convention 751 

Compensation  of  members  of  the  Leg- 
islature   155,  156,  157,  603 

Compen-sation  of  State  officers 251 

Contingent  expenses  of  the  Li  gi>lit- 
ture 136,  157 

Continuance  of  county  officers 709 


896 


INDEX   OF   DEBATES. 


KiNKEAD. 


Page. 


KENNEDY,  F.  H. 


Remarks  upon 

Corporations,  Article  on 105,  S93,  3!)4, 

395,  397,  404,  497 
Courts  in  Storey  County. . .  .()44,  645,  646 

Day  of  election 275,  284 

Declaration  of  Rights 783,  784 

Disfranchisement  of  rebels.  .88,  91,  93,  95, 

100,  102 

District  Courts  and  Judges 713 

Dueling 104-107 

Election  Ordinance. 771,  773 

Enrollment 743 

Equity  jurisdiction 676 

Evening  sessions 75,  126,  127 

Executive  Department 250,  251 

Expenses  of  former  Convention.  .300,  301 
Final  revision  of  the  Constitution.. . .  779 
Homestead  exemption.  .153,  282,  283,  301, 

302,  303 
Impeachment  and  Removal  from  of- 
fice    554 

Judicial  Department. .  .618,  819,  620,  644, 

645,  646,  674,  676,  677,  090,  691,  702,  703, 

713, 729,  736 

Justices  of  the  Peace 676,  690,  691 

Legislative  Department,  141,  153,  155, 156, 
157,  283,  284,  301,  302,  303,  306,  789,  791 

Limitation  of  debate 584 

Limitation  of  taxation  and  appropri- 
ations   752,  757,  765,  816,  818 

Municipal  indebtedness 1()5 

Oath  of  office 104-107 

Oath  prescribed  for  voters..  .245,  246,  253, 

268,  490 

Offices  of  profit 141,  789 

Organization  of  the  Convention 5 

Taciiic  Railroad,  393,  394,395,  397,404,497 

Personal  explanation 300,  301 

Poll  ta.x 117,  lis,  119,  146,  272 

Postponement  of  Article  on  Judicial 

Department 018,  619,  620,  674 

Pruiiibitiou  of  .Slavery 783 

Publication  of  the  Constitution 776 

Right  of  Suffrage.  .88,  91,  93,  95, 100,  102, 

104-107,  117,  119, 146,  245.  240,  251,  253, 

272,  490 

Salaries 598,  601,  603,  608,  752 

Salaries  of  Judges 677,  729,  813 

Salary  of  Secretary  of  State 598 


Page. 
Salary  of  Supreme  Court  Judges,  600,  601 

Schedule 632,  633.  635.  6.38,  707,  709, 

751,752,757,765,813,815,  810,  818 

Seizures  and  searches 784 

Soldiers'  vote 251 

Surveyor  General 250 

Taxation 406,  407,  408,  420,  423,  4-28, 

429,  430,  441,  442,  444 

Term  of  State  officers 707 

Time  of  first  session  of  the  Legislature  306 

Transfer  of  criminal  cases 632 

Vacancies  in  office 702 

KINKEAD,  JOHN  H. 

Appointed  on  Committee  on  Final  En- 
rollment of  the  Constitution 725 

Appointed  on  Committee  on  Phrase- 
ology and  Arragement 84 

Appointed  on  Committee  on  Rules  and 

Order  of  Business 6 

Appointed  on  Committee  on  Schedule,  447 
Appointed  on  Special  Committee  to 
conduct  the  President  elect  to  the 

chair 5 

Credentials   of 3 

Granted  leave  of  absence 501 

Made    reports    from     Committee    on 
Phraseology  and  Arrangement. 230,  465, 

743,  752 
Moved  to  notify  resident  clergymen  of 
invitation  to  officiate  alternately  as 

Chaplains 9 

Nominated  William  E.  Skeene  as  por- 
ter of  the  Convention 9 

Offered  resolution  allowing  Secretary 
additional  per  diem  for  writing  up 

journals  of  the  Convention 827 

Offered  resolution  referring  Article  on 

Taxation  to  a  special  committee.  . .   336 
Offered    resolution    thanking   officers 
and  attaches  of  the  Convention ....   828 

Remarks  upon 

Additional  compensation  of  the  officers 
and  attaches  of  the  Convention,  806,  827 

Adjournment  sine  die 13 

Boundary  memorial 794 

Clerksof  County  Commissioners.  .791,  795 

Continuance  of  County  officers 708 

Corporations,  Article  on.  . .  .468,  469,  470, 

472,  496 
Court  fees 803 


INDEX  OF  DEBATES. 


897 


Leavk  of  Absence. 


KINKEAD,  JOHN  H. 

Remarks  upon 
Day  of  election  on  the  Constitution. .  769 

Declaration  of  Rights 783,  784 

Education,  Article  on 745 

Election  Ordinance 769 

Election  returns 797 

Enrollment 74;i,  799 

Executive  Department 797 

Finance  and  State  debt 219,  448,  807 

Fiscal  year,  commencement  of. 219 

Homestead  exemption 791 

Impeachment  and  Removal  from  office  744 

Judicial  Department 732,  799-803 

Legislative  Department 788-791,  795, 

796,  797 
Limitation  of  taxation  and  appropri- 
ations   756,  765,  766,  819 

Miscellaneous  Provisions. . .  .744,  746,  810 

Municipal  Courts 799 

Oath  prescribed  for  voters 491 

Official  bonds  of  State  officers. .  .708,  748 

Organization  of  the  Convention 6 

Pacific  Railroad. .  .295,  297,  448,  468,  469, 
470,  472,  496 

Perpetuities 746 

Resolution  of  thanks  to  officers  and 

attaches  of  the  Convention 828 

Right  of  Suffrage,  Article  on 786,  791 

Rules  and  Order  of  Business 6 

Salaries  of  Judges 803 

Schedule,  70S,  750,  765,  766,  811,  812,  819 

School  funds 745 

Seizures  and  searches 783,  784 

Sessions  of  the  Legislature 788 

Substitution  of  "  yeas  and  nays ''  for 

"  ayes  and  noes  " 789,  796 

Supreme  Court 740,  800 

Taxation 336,  337,  349,  S59,  369,  370 

Territorial  "indebtedness 750 

Veto  power 796,  797 


Lander  County,  officers  of 696,  705,  709, 

747-751 
Remarks  of 

Mr.  Chapin 747,  750,  751 

Crosman 750 

DeLong 696,  747,  750 

Dunne 747,  749,  750 

Gibson 749 

A  31 


Mr.  Johnson.  ..696,  709,  747,  749,  750,  751 

Proctor 696,  747 

Tagliabue 749 

Warwick 705,  709,  747-751 

Landlord  and  tenant,  jurisdiction  involv- 
ing relations  of.  [Sec  Justices  of 
the  Peace. 

Lands,  public,  ordinance  concerning,  etc.,    50 
[See  Ordinance.] 

Laws,  publication  of.     [See  Publication.] 

Laws,  to  be  enacted  only  by  bill 152 

Laws,  to  be  general  and  uniform 152 

Leave  of  absence  granted  to — 

Mr.  Ball 447 

Banks 193 

Belden 128,  193,  447 

Brady C39,  742 

Chapin 447 

DeLong 230,   583 

Dunne 710 

Earl 539,583,  638 

Fitch 447 

Folsom 583 

Frizell 268,  792,  804 

Haines 268 

Hovey 128 

Hudson 193,  583,  638,  697 

Johnson 450,  583 

Kennedy 128,  800 

Kinkead 501 

McClinton 447,  583.  639 

Murdock 128 

Nourse 447 

Proctor 521 

Tozer 447,  539 

Warwick 172,  799 

Leave  of  absence  granted  to  Mr.  DeLong 

reconsidered 639 

Leave  of  absence,  granting,  128,  447,  539,  583, 
638,  639,  697,  698,  742,  710,  799 

Remarks  of 

Mr.  Banks 639,  698 

Brady 742 

Brosnan 128,  583,  638,  742 

Chapin 539,  638,  697,  799 

DeLong 539,  638,  639,  697 

Dunne 638,  697,  710,  742 

Frizell 128 

Hawley .  742 

Johnson 638,  639,  697,  698,  742 


898 


INDEX   OP   DEBATES. 


Limitation. 


Page. 

Mr.  Mason 583,  683,  742 

McClintOD 447,  742 

Murdock 128 

Nourse 539 

Sturtevaut 639 

Tozer 128 

Warwick 128,  583,  538,  799 

Wethcrill 742 

Leave  of  absence  of  Judicial  officers,  678,  739 

Legal  proceedings,  transfer  of. 631 

Legislative  Department,  Article  on — 

Referred  to  Committee  of  the  Whole.   128 
Considered  iu  Committee  of  the  Whole, 

138-145,  146-157,  274,  275 
Considered  in  Convention. .  .247,  275-290, 

301-316 

Final  passage  of. 316 

Amended  on  report  of  Committee  on 

Phraseology  and  Arrangement 466 

Final  revision  of 787-791,  795-797 

Remarks  of 

Mr.  Bunks. .  .  .139,  142-145,  147,  148,  151, 

153,  156,  275,  276,  277,  279,  281,  282,  284, 

286.  305,  310,  313,788,791,795,  796,  797 

Brosnan. .139,  140,  141,  149,  154,  278, 

284,  308,  311,  314,  466,788-791,  796, 

797 

Chapin. . .  .144, 154, 157,  277,  288,  307 

Collins..  .  .147-150,  286,  287,  288,  306, 

310,  311,  788,  791,  795,  796 

Crosman 140,  156,  157,  275,  276, 

281,  283 

DeLong.  .247,  275,  276,  277,  283,  285, 

286,  287,  289, 290,  302-305,  789,  790, 

791,  795,  796,  797 

Dunne.      139,   144,247,274,275,278, 

:79,  280,  284,  305,  308-310,  314 

Earl 155,  302,  303.  304,  310,  311 

Fitch. . .  .141,  142,  144,  145,  117,  149. 

152-157,  280,  281,  283,  287,  305- 

309,  311,  312 

Frizi-ll.  .  .147,  152,  154,  280,  303,  304, 

791 

Gi'json 307 

llawley 117,  148,  307,  313,  314 

Hovey.  . .  142,  148,  152,  275,  280,  306, 

310,  314 

Johnson.  ..139-144,  149-157,  275-2><4, 

288,   289,   305-315,   46G,   787,   788, 

789,  769 


Page. 

Mr.  Kennedy.  .141,  153,  155, 156, 157,  283, 

284,  301,  302,  303,  306,  789,  791 

Kinkead 788-791,  795,  796.  799, 

Lockwood 141,  281,  303,  796 

McClinton ....  152,  313,  314,  315,  789, 
790.  791 

Murdock 796 

Nourse.  .  ..304,  308,  310,  311,  312,  315 

Proctor..  142,  143,  144,  153,  307,  309, 

312,  313,  314,  789,  797 

Sturtevaut .. .  .140,  143,  144,  153,  154, 

274,  275,  277,  279,  307,  308,  314 

Tagliabue 311 

Tozer 279,  283,  284,  288,  289 

AVarwick. .  140, 142,  144,  155,  156,  275, 
277,  281,  282,  283 

Wetherill 154 

Legislative  sessions.     [See  Sessions.] 
Legislature,  adjournment  of  by  Governor,  158 
Legislature,   compensaiion   of   members 

of.     [See  Compensation.] 
Legislatcre,  first  session  of.     [See  First 

Session.] 
Legislature,  members  of  privileged  from 

arrest 142 

Legislature,  uumbur  of  members  limited,  610 
Legislature,   special    sessions  of      [See 
Special  Sessions.] 

Legislature,  terms  of  members  of 140 

Lewis,  Master  — ,  admitted  to  seat  as  ama- 
teur phonographic  reporter 74 

Libel.     [See  Slander  and  Libel.] 

Libel,  the  truth  may  be  given  in  evidence 

iu  cases  of 63 

LiEX   by   both   husband   and  wife.      [See 

Homestead.] 
Lieutenant   Governor,   compensation    of. 
[See   Compensation   of  members  of 
the  Legislature.] 
Lieutenant  Governor,  election,  elegibil- 

ity,  term  of  office  and  duties  of . . . .   160 
Remarks  of 

Mr.  Banks IGq 

Nourse 160 

Limitation  of  indebtedues.s.   [See  State  In- 
debtedness.] 
Limitation  of  number  of  members  of  the 

Legislature 610 

Limitation  of  speeches.     [See  delmte.] 
Li.mitation  of  ta.xation  and  appropriations. 
[See  taxation  and  appropriations.] 


INDEX  OF   DEBATES. 


899 


Mason. 


Local  oflScers,  support  of 710 

Remarks  of 

Mr.  Brosnan 710 

Local  or  special  laws,  prohibition  of.    [See 

special  legislation.] 
LOCKWOOD,  A.  J. 

Appointed  on  Committee  on  Enroll- 
ment      75 

Appointed  on  Committee  on  Schedule  447 

Credentials  of. 3 

Excused  from  service   on  Committee 

on  Schedule 465 

Remarks  upon 
Amendments  of  the  Constiti'tion,  527,  529 

Banking  system 1G4 

Board  of  Examiners 161 

Boundary  Memorial 794 

Bribery HI 

Business  before  Committees 534 

Compensation  of  members  of  the  Leg- 
islature  156,  281.  601,  603,  604 

Compulsory  attendance  on  the  public 

schools 572,  573 

CimtiDgent  expenses  of   the  Legisla- 
ture     156 

Corporations,  Article  on. . .  .164,  167,  171. 
191,  192,  475,  476,  477,  497 

Court  Fees 677 

Courts  in  Storey  County 644 

Declaration  of  Rights 781,  783,  784 

Disfranchisement  of  rebels 94,  95 

Education,  Article  on 572.  573,  587 

Election  Ordinance.. 534 

EstablishniL'ut  of  schools  by  law 587 

Evening  sessions 76 

Executive  Department 160,  161 

Homestead,  exemption  of 303 

Impeachment  and  Removal  from  office, 

555, 556 

Judicial  Department 644,  677 

Legi.slative  Department.  141,  281,  303,  796 
Limitation  of  taxation  and  appropri- 

ation.s 762,  763,  792 

Miscellaneous  Provisions 612 

Oath  prescribed  for  voters. .  .269,  270,  490 

Offices  of  county  officers  612 

Pacific  Railroad. .  .167,  171,  191.  192,  475, 
476,  477,  497 

Paramount  allegiance 781 

Poll  tax 119,  146,  272 


Page. 


Residence  of  voters los 

Right  of  Suffrage,  Article  on.  .94,  95,  108, 
119,  146,  269,  270,  272,  490 

Rules  and  order  of  business 6 

Salaries 508,  510,  511,  601,  603,  604 

Schedule 702,  763 

Seizures  and  searches 783,  784 

State  University 537 

Substitution  of  "  yeas  and  nays  ■'  for 

"  ayes  and  noes  " ygg 

Taxation.  .355-359,  431,  443,  445,  450,  520 

Terms  of  State  officers i(jo 

Lotteries  prohibited 152 

Loyalty,  oath  of     [See  oath.] 
Lucrative  offices.     [See  offices  of  profit.] 

M 

Marsh,  Andrew  J.,  elected  Official  Report- 
er of  the  Convention 8 

[See  Reporter.] 
MASON,  B.  S. 

Appeared  and  sworn  as  a  delegate. . .     37 
Appointed  on  Committee  on  Enroll- 
ment       75 

Appointed  on  Special  Committee  to 
amend  Article  on  Right  of  Suffrage  467 

Credentials  of. 4 

Ofiertd  resolution  to  increase  thecom- 
pen.«ation  of  officers  and  attaches  of 
the  Convention §04 

Remarks  upon 
Additional   compensation   of   officers 

and  attaclies  of  the  Convention,  804,  805 
Amendments  of  the  Constitution,  531,  532 

Apportionment  of  representation 

635,  636,  637 
Corporation.s.  Article  on,  405,  458,  459,  460  ' 

Court  fees 737 

Courts  in  Storey  County 647 

Disfranchisements  of  rebels 104 

i^ueling 666 

Election  Ordinance 623,  626,  629 

Granting  leave  of  ab.sence. .  .583,  638,  742 

Judicial  Department 617,  621,  647, 

737,  740 
Limitation  of  taxation  and  appropri- 
ations  761,  762 

Miscellaneous  Provisions,  Article  on.   666 

Oath  of  office 666 

Oath  prescribed  for  voters..  .255,  256,  259 


900 


INDEX  OF  DEBATES. 


MiLITU. 


Page. 
MASON,  B.  S. 

Remarks  upon 

Pacific  Railroad. 405.  458,  459,  460 

Postponement  of  Article  on  Judicial 

Department 617,  G21 

Right  of  Suffrage,  Article  on 104,  255, 

25  G,  259 

Salaries  of  Judges 813 

Schedule 635,  636,  637,  761,  762,  813 

Supreme  Court 740 

Ta.xation 327,  328,  333,  356,  377 

McCLINTON,  J.  G. 

Appeared  and  sworn  as  a  delegate. . .   110 
Appointed  on  Committee  on  Address 

to  the  People 699 

Appointed  on  Committee  on  Educa- 
tion    448 

Appointed  on  Committee  on  State  Seal  230 
Appointed  on  Special  Committee  to 
amend  Article  on  Schedule  relative 
to  taxation  and  appropriations. . . .  765 

Credentials  of 4 

Granted  leave  of  absence. .  .447,  583,  639 

Remarks  upon 

Absence  of  Mr.  Wellington 172 

Amendment  of  the  Constitution,  530,  531, 

532 

Banking  system 454,  455 

Business  before  Committees 534 

Clerks  of  County  Commissioners 791 

Commencement  of  terms  of  Judges. . .   708 

Compen.'^ation  of  Jurors 152 

Compensation  of  members  of  the  Leg- 
islature     314 

Compulsory  attendance  on  the  public 

Fchools 571,  572 

Corporations 398,  405,  454,  455,  498 

Court  fees 736,  739 

Day  of  election  on  the  Constitution.  .  767 
Declaration  of  Rights,  Article  on. .  . .  198. 

782-785 

Education,  Article  on  .  .568,  569,  571,  572, 

677,  745,  746,  808 

Election  Ordinance 767,  770,  771 

Election  returns 158 

Executive  Department 15K,  798 

Grand  Jury  system 198 

Granting  leave  of  absence 447,  742 

Homestead,  exemption  of 314,  315 

Impeachment  and  Removal  from  Office,  564 


Page" 

Judicial  Department. .  .703,  712,  713,  722, 

723,  726, 729,  731,  732,  733,  736,  739,  802 

Justices'  Courts 726,  733 

Legislative  Department. ..  .152,  313,314, 
315, 789,  790,  791 
Limitation  of  taxation  and  appropri- 
ations  757,  823,  824 

Miscellaneous  Provisions,  Article  on.  810 

Municipal  Courts 732 

Oath  prescribed  for  voters..  .254,  259,  262, 
269,  484,  489,  494 

Offices  of  profit ' , 789 

Official  bonds  of  State  officers,  707,  708,  710 

Pacific  Railroad 398,  405,  498 

Publication  of  the  Constitution.  .775,  776, 

777 

Right  of  defending  in  person 782 

Right  of  Suffrage,  Article  on. . .  .254,  259, 
262,  269,  271,  272,  484,  489,  494 

Salaries 522 

Salaries  of  Judges 729,  731,  732 

Schedule..  693,  704,707,708,  710,746,  757, 

823,  824 
Sectarian   instruction   in   the    public 

schools 568,  569,  577 

Seizures  and  searches 783,  784,  785 

Slander  and  libel 782,  783 

Soldiers'  vote 271,  272 

State  University 745,  746,  808 

Supreme  Court 712,  713 

Taxation 324,  354,  445,  516 

Terms  of  Courts 704,  722,  723 

Terms  of  State  officers 707 

Terms  of  State  Senators 693 

Time  of  maintaining  district  schools.  577 

Vacancies  in  office 703 

Veto  power 313 

Mecuaxic  Arts.     [See  State  University.] 
MECHAXias' Liens,  jurisdiction  of.  [See  Jus- 
tices' Courts.] 
Memorial  to  Congress  concerning  bound- 
ary  793-795 

[See  Boundary  Memorial.] 
Message,  Governor  to  communicate  to  Leg- 
islature by 158 

Military   forces.    Governor    to   be   Com- 
mander-in-Chief of 158 

Mii.rrARY  tactics.     [See  State  University.] 
Military  to  be  subordinate  to  civil  power     65 
Militia,  Article  on — 

Referred  to  Committee  of  the  Whole.   466 


INDEX  OF  DEBATES. 


901 


MURDOCK. 


Page. 
Militia,  Article  on — 

Considered  in  Committee  of  the  Whole,  524 

Considei'ed  in  Convention 539 

Amended  on  report  of  Committee  on 

Phraseology  and  Arrangement 583 

Final  revision  of 809 

Militia  fine,  imprisonment  for  prohibited.     66 
Mixes  and  Mining  Property,  taxation  of. 

[See  Taxation.] 
Mining  School  Department.      [See   State 

University.] 
Minutes  of  the  Convention.   [See  Journal.] 
Miscellaneous  Provisions,  Article  on — 

Referred  to  Committee  on  Schedule. .  466 
Reported  from  Committee  on  Schedule  538 
Considered  in  Committee  of  the  Whole, 

608-615 

Considered  in  Convention 615,  616, 

662-673,  740,  741 
Amended  on  report  of  Committee  on 

Phraseology  and  Arrangement. .  743-746 
Final  revision  of 809,  810 

Bemarks  of 

Mr.  Banks. . .  .609,  611,  612,  614,  615,  616, 

663,  665,  667,  670,  671,  672,  810 

Brosnan  .  .609,  610,  613.  614,  664,  667, 

669,  670,  746,  810 

Chapin. . .  .610,  611,  612,  616,  744,  810 

Collins  . .  .610,  611,  663,  664,  665,  668, 

670,  672,  810 

DeLong..  .664,  665,  666,  668,  669,  671, 

672,  673,  741,  744,  810 

Dunne,  611,  612, 614,  615,  663,  668-671, 

740,  741,  746 

Frizell 668,  671 

Hawley 666,  667,  669,  673 

Hovey 614 

Johnson..  .608-611,  613,  614,  663,  667, 
671,  672,  673,  741,  809,  810 

Kinkead 744,  746,  810 

Lockwood 612 

Mason 666 

McClinton 810 

Nourse,  610-615,  665,  666,  667,  670,  672 

Parker 665,  669,  670,  671,  809 

Proctor 610,  612,  669,  809 

Sturtevant 610,  611 

Tagliabue 612 

Warwick 608.  609,  612-615,  667 

Mode  of  procedure  of  the  Convention. .  .  40,  41 


Eemarks  of 
Mr.  Banks 40,  41 

DeLong 41 

John.son , 40,  41 

MORSE,  E.  A. 

Credentials  of 3 

[Did  not  attend  the  Convention.] 
Municipal  and  other  Corporations,  Article 

on.     [See  Corporations.] 
Municipal  Courts 648,  676,  732,  733,  799 

Remarks  of 

Mr.  Banks 732,  733,  799 

DeLong 732,  733 

Johnson 732 

Kinkead 799 

McClinton 732 

Proctor 799 

Municipal  indebtedness 165,  166,  221 

Remarks  of 

Mr.  Chapin 165,  166 

Earl 165 

Fitch 165,  166 

Johnson 221 

Kennedy 165 

Warwick 165 

Municipal  loans 218 

Remarks  of 

Mr.  Banks 218 

Johnson  218 

MURDOCK,  NELSON  E. 

Appointed  on  Committee  on  Phrase- 
ology and  Arrangement 84 

Appointed  on  Committee  on  Schedule  447 
Appointed  on  Special  Committee  on 
number  and  compensation  of  officers 

of  the  Convention 7 

Credentials  of 3 

Granted  leave  of  absence 128. 

Nominated  Thos.  Carson  as  Sorgeant- 
at-Arms  of  the  Convention 8. 

Remarks  upon 

Apportionment  of  representation. . . .  812 
Compensation  of  members  of  the  Leg- 
islature   606,  607 

Election  Ordinance 629 

Judicial  Department.. .  .619,  680,  683,  684 

Justices'  Courts 680,  683,  684 

Leave  of  absence 128 


902 


INDEX  OF  DEBATES. 


NOURSE. 


MURDOCK,  NELSON  E. 

Banarfcs  upon 

Legislativo  Department ~9Ct 

Limitation  of  taxation  and  ajjpropri- 

ations 757 

Oath  prescribed  for  voters 2C8 

Poll  tax 118,  119,  120,  786,  787 

Posiponement  of  Article  on  Judicial 

Department 619 

Rigbt  of  Suffrage,  Article  on 118,  119, 

120,  268,  786,  787 

Salaries 606,  607 

Schedule .757,  112 

Substitution  of  "  yeas  and  nays  "  for 

'•ajes  and  noes  " 796 

Taxation.  .367,  368,369,  424,  425,  426,  429, 

430,  445 

N 

NAJfE  of  State 33-35 

[See  Preamble  and  name  of  State.] 

New  Schoot  Districts,  funds  for 574-577 

Remarks  of 

Mr.  Collins 576.  577 

Crosman 574,  575,  576 

Hawley 574,  575,  576 

NiMS.  Rev.  Mr.,  officiated  as  Chaplain  of 

the  Convention.  .  .74,  193,  317,  433,  447, 
465,  535,  583,  742 
NouMAi,  Schools.      [See  establishment  of 

schools.] 
NOURSE,  GEORGE  A. 

Appointed  on  Committee  on  the  Ju- 
diciary       75 

Appointed  on  Special  Committee  to 
amend  Article  on  Declaration  of 
]{ights,  relative  to  evidence  of  trea- 
son     196 

Appoint(Ml  on  Sjiecial  ('Dumiiltce  to 
amend  Article  entitled  Miscellane- 
ous Provisions  relative  to  dueling. .   669 

Credentials  of 4 

Granted  leavi-  of  alisence 417 

Moved  reconsideration  of  vote  adopt- 
ing rules  of  last  Territorial  House 

of  Representatives 39 

Offered  resolution  explanatory  of  Jef- 
ferson's Manual 75 

litmarks  upon 
Adjournment    in   honor  of    Imlepen- 
dence  Day 3 


Adjournment  sine  die 11,  13,  14 

Adopting  Jefferson's  Manual 39 

Amendment  of  the  Constitution.  .526,  527, 

528,  811 

Banlving  system 163,  164 

Basis  of  the  Constitution 14,  18,  22 

Board  of  Regents 588,  589 

Boundary.  Article  on 525,  540 

Census 614 

Compensation    for    private   property 

taken  for  public  use ,. .  .60,  61,  62 

Compensation  of  members  of  the  Leg- 
islature  312,  606 

Corporations,  Article  on. . .  .162,  163.  164, 

166-170, 175,  189,  208-214,  389,  390,  391, 

394,  398-402,  404,  807 

County  Courts 653 

Court  fees 677,  678 

Courts  in  Storey  County,  644,  647,  650,  651, 

654,  655,  657,  658,  674 

Declaration  of  Rights,  Article  on. .  .42,  46, 

47,  56,  58-64,  66,  69,  195-198,  200,  201, 

774,  778 
Disfranchisement  of  rebels.  .83,  84,  85,  89, 

90,91,  96 

District  Courts  and  Judges..  .650,  651,  653, 

654,  655,  657,  658 

Dueling 665,  666,  667,  670,  672 

Duties  of  Lieutenant  Governor 160 

Education,  Article  on..  .581,  582,  585,  586, 
588,  589,  592,  593,  594 

Engrossment. ...    78 

Evening  sessions 75,  76,  77 

Evidence  of  treason 69,  195,  196 

Executive  Department.  .158,  159,  KiO,  248, 

249,  250 

Finance  and  State  debt 807 

Grand  Jury  system.  .59,  196,  197,  198,  774 
Ilonu'stead,  exemption  of,  304,  310,  311,  315 
Impeachment  and  removal  from  office, 

541,  542,  543,548,  549,  552.  553,  554 
Increase  and  diminution  of  salaries.  .  .615 
Instructions  to  Judiciary  Committee, 

2.39,  241 

Judicial  Department. .  .239,  241,  644,  647, 

648,  650,  651,  653,  654,  655,  657,  658,  659, 

674-679,  801,  802 

Justices  of  the  I'eace. .  .675,  678,  679,  774, 

] jcave  of  absence 539 

JjCgislative  Department 304,  308,  310, 

311,  312,  315 


INDEX   OF   DEBATES. 


903 


Oath. 


NOURSE,  GEORGE  A. 

Remarks  upon 

Limitation  of  Debate 37 

Limitation  of  taxation  and  appropri- 
ations  816,  819,  820,  821,  824 

Miscellaneous  Provisions,  Article  on, 

ClO-615,  (JGS,  6C7,  670.  672 
Oath  of  office.  .610,  665,  666,  667,  670,  672 

Oath  prescribed  for  voters 245,  267 

Pacific  Railroad,  166-171, 175, 189,208-214, 
293,  297-300,  389,  390,  391,  394,  398-402, 

404,  807 
Paramount  allegiance.  .42,  46,  47,  200,  201 

Personal  explanations 318,  821 

Poll  tax 114,  118,  120,  535 

Power  of  juries  to  judge  of  law  and 

fact 63 

Privileges  and  immunities 63,  64 

Prohibition  of  slavery 66 

Provisions  in  regard  to  school  funds..   586 

Publication  of  the  Constitution 775 

Publication  of  the  laws  and  judicial 

decisions 612,  613 

Qualifications  of  State  officers 597 

Residence  of  voters 71,  72,  73 

Right  of  Suffrage,  Article  on,  71,  72,  73,  83, 

84,  85,  89,  90,  91,  96,  109,  110,  114,  118, 

120,  245,  251,  252,  267,  535 

Rules  and  order  of  business. .  .37,  39,  75, 

76,  77 
Salaries..  .505,  506,  508,  509,  523,  597,  601, 

606 

Salaries  of  Judges 601,  648,  676,  677 

Salary  of  Secretary  of  State 597 

Schedule 813,  816,  819,  820,  821,  824 

Second  reading  of  Preamble 40 

Separate  property  of  the  wife 312 

SWinder  and  libel 778 

Soldiers'  vate 109,  110,  251,  252 

Special  legislation 63,  64 

Special  school  tax 592,  593,  594 

State  Seal 160 

State  University 581,  582,  585,  586 

Supreme  Court 801 

Surveyor  General    248,  249,  250 

Taxation.  .224,  226,  227,  228,  329-332,  334, 
335,  ,336, 338,  339,  340,  353,  359,  370-374, 
378,  379,  382-385,  387,  405,  406,  417-420, 
423,  424,  429,  430, 431, 433.  4.37,  438,  439, 
441, 442,  443,  445,  446,  447,  515,  516,  518, 

520,  808 


Taxation  of  corporations 162 

Tenure  of  office 613 

Terms  of  Courts 674 

Terms  of  office  of  State  officers..  .610,  611 
Time  of  first  session  of  the  Legislature  308 

Treason,  evidence  of 69,  195,  196 

Trial  by  jury 56,  58 

Vacancies  in  office 158 

Veto  power 312 

o 

Oath  administered  to  all  members  of  Con- 
vention in  attendance 4 

To  Mr.  Dunne 7 

Mason 37 

McClinton 110 

Warwick 41 

Wetherill 7 

To  officers  elect  of  Convention 9 

Oath  of  office 104-107,  609,  610,  744 

Remarks  of 

Mr.  Banks 105,  106,  107,  663,  665,  667, 

670,  671,  672 
Brosnan.  ..105,  609,  664,  667,  669,  670 

Chapin 107 

Collins.  .  .107,  610,  663,  664,  665,  668, 

672 

Crawford 107 

DeLong,  104-107,  664, 665,  666, 668-673 

Dunne 668,  669,  671 

Fitch 106 

Frizell 668,671 

Hawley 106,  666,  667,  669,  673 

Johnson 610,  667,  668,  670-673 

Kennedy 104-107 

Mason 666 

Nourse.  .  ..610,  665,  666,  667,  670,  671 

Parker (ifto,  669,  670,  671 

Proctor 669 

Sturtevant 610 

Warwick 104,  107,667 

Oath  of  members  of  the  Convention 4 

Remarks  of 

Mr.  Collins 4 

Johnson 4 

Sturtevant 4 

Oath   prescribed  for   teachers   in    public 

schools 587 

Oath  prescribed  for  voters.     [See  voters.] 
Oath  relative  to  dueling.     [See  dueling.] 


904 


INDEX  OF  DEBATES. 


Pacific  Railroad. 


Ofhce,  disqualification  to  hold.  [See  bribery.] 
Office  of  Governor,  term  of.  [See  Governor.] 
Office  of   members  of   the   Legislature, 

terms  of 140,  692-695,  812 

Remarks  of 

Mr.  Banks 812 

Brosnan -   •     812 

Crosman 140,  695 

DeLong 692-695 

Dunne 692,693,  695 

Frizell 695 

Johnson 140,  693,  694,  695 

McClinton 693 

Sturtevant 140 

Tagliabue 812 

Warwick 140 

Office  of  State  officers,  terms  of.  [See  Slate 

officers.] 
Offices  of  County  officers.    [See  County 

officers.] 
Offices  of  profit,  ineligibility  to 141,  789 


Remarks  of 

Mr.  Brosnan 789 

Fitch 141 

Johnson 141,  789 

Kennedy 141,  789 

McClinton 789 

Proctor 789 

Offices  of  State  officers.  [See  State  officers.] 
Officers  of  Convention.  [See  organization.] 
Officers  of  Convention,  compensation  of. 

[See  compensation.] 
Officers  not  specified,  appointment  or  elec- 
tion of 613 

Official  bonds  of  State  officers.  .707,  708.  709, 

749 
Remarks  of 

Mr.  Banks 710 

Brosnan 707,  748 

Chapin 708,  748 

{'ollins 708 

Be  Long 707-710 

Dunne 748 

Jolinson 707,  708,  710,  748 

Kinkead 708,  74S 

McClinton 707,  708,  710 

Official  Beporter  of  the  Convention.   [See 
Reporter.] 

Order  of  business,  amendment  of 77 

[See  Rules  and  Order  of  Business.] 


Ordixaxce    concerning   certain   elections. 

[See  Election  Ordinance.] 
Ordinance   concerning  slavery,  religious 
toleration,  and  the  public  lands- 
Introduced  50 

Considered  in  Committee  of  the  Whole    51 

Considered  in  Convention 80,  193 

Amended  on  report  of  Committee  on 

Phraseology  and  Arrangement  ....   230 
Final  revision  of. 779,  780 

Remarks  of 

Mr.  Banks 50,  780 

Brosnan 780 

Chapin 50 

Collins 50,51,193,  780 

Crosman 51 

Frizell 780 

Hawley 780 

Johnson 50,  780 

Sturtevant 51 

Tagliabue 780 

Warwick 780 

Organization  of  tbe  Convention 1-9 

Remarks  of 

Mr.  Ball 6,  8 

Chapin 4,  5,8,9 

Collins 5,  6 

Crosman 4,  5 

DeLong 6 

Fitch 5,8 

Hawley 4,8 

Johnson 8 

Kennedy 5 

Kinkead 6 

Sturtevant 4-8 

Tozer >■■       4 


Pacific  Railroad,  Slate  aid  to.. 166-171,  175- 

192,  203-218,  268,  290-300,  387-405,  448, 

449,  458-464,  467-477,  494-499,  807 

Remarks  of 

Mr.  Banks. .  . .  166,  204,  205,  212,  216,  404, 

477,  494 

Brosnan.  ..167,  207,  389,  404,  405,  449 

Cliapin..l70,  206,  207,  208,  296,  298, 

299,  300,  402 

Collins.. .  .167,  184-189,  293,  296-299, 

395,  396,  397,  469,  470,  497 


INDEX  OF  DEBATES. 


905 


PjUKKEB. 


Mr.  Crosman.  .404,  405,  449,  458,  459,  495, 

497, 498 

DeLong.   178,  180-184,  186,   188,  205, 

206,   207,  209,  212,  213,   216,  217, 

292,  294-297,  300,  388,  390-394,  396, 
397,  404,  405,  450,  458,  470,  495-499 

Dunne 188,  203,  402,  403,  463,  464 

Earl..l88, 190, 191,  192,  296,391,  392, 

397,  398,  404,  449,  464,  498 

Fitch. . . .  166,  167,  168,  170,  189,  192, 

203,  205,  207-216, 292-295,  387-391, 

394,  400,  403,  404,  405,  498 

Frizell 207,  470,  471,  472 

Gibson. . .  186,  389,  448,  450,  459,  463, 
464.  468 

Haines 203,  473,  474,  497,  498 

Hawley.  ..168,  171,  175-178,  203,  204, 

205,   209,  210,  212,  216,  295,   405, 

449,  458,  459,  472,  475,  497 

Hovey..l78,  186,  190,  191,  192,  203, 

204,  205,  298,  448,  498 

Johnson. .166,  167,  187,  209, 214, 217, 

295,  296,  298,   299,   387,  393,  401, 

404,   448,  449,  462,  470,  474,  495, 

497,  807 

Kennedy.  .393,  394,  395,  397,  404,  497 

Kinkead.  .295,  297,  448,  468,  469,  470, 

472,  496 

Lockwood. . . .  167,  171,  191,  192,  475, 

476,  477,  497 

Mason 405,  458,  459,  460 

McCliuton 398,  405,  498 

Nourse.. .  .166-171,  175,  189,  208-214, 

293,  297-300,    389,    390,   391,   394, 

398-402,  404,  807 

Parker 295,  404,  459,  464,  497 

Proctor 166,  300,  495,  497 

Stanford,   Leland   [by  invitation 

of  the  Convention] 290-300 

Sturtevant. . .  .170,  203,  206,  207,  208, 

214,  448,  462,  463,  497 

Tozer. . .  .293,  300,  399,  403,  404,  448, 

461,  462 

Warwick.  .167,  168, 178-180,  214,  215, 

217,  218,  268,  290,  292,  392,  393,  399, 

401,  405,  460,  461,  462,  464,  472,  473, 

474,  476,  677,  495,  496,  497 

Page  of  the  Convention — 

Master  George  Richards  elected  as. . .       8 

Compensation  of 8 

[See  additional  compensation.] 


Paper  money.     [See  banking  system.] 

Paramodnt  allegiance.  .41,  49,  51-53,  200,  201, 

781 
Remarks  of 

Mr.  Banks 41,  42,  52,  781 

Brosnan 42,  49,  52,  781 

Collins 781 

DeLong  ...  .42,  44,  45,  49,  52,  53,  201 

Dunne 200,  201 

Earl 44,  47 

Fitch 41-44,47,  49 

Frizell 201,  202 

Hawley 45,  48 

Johnson 45,  781 

Lockwood 781 

Nourse 42,  46,  47,  200,  201 

Proctor 42,  44,  48,  202 

Pakdonlng  power 159,  160 

Remarks  of 

Mr.  Banks 159 

Brosnan 159 

DeLong 159 

Hovey 159 

Johnson 159 

Nourse 159 

PARKER,  H.  G. 

Appeared  and  sworn  in i 

Appointed  on  Committee  on  Phrase- 
ology and  Arrangement 84 

Credentials  of 4 

Moved  adjournment  over 336 

Remarks  upon 
Additional   compensation   of    officers 

and  attaches 804,  805 

Adjournment  sine  die 11 

Banking  system 454 

Corporations,  Article  on. .  .  .404,  454,  459, 

464,  497 

Courts  in  Storey  County 646,  648 

Declaration  of  Rights,  Article  on. . .  .195, 

783,  784 

District  Courts  and  Judges 713 

Dueling 665 

Evidence  of  treason 195 

Impeachment  and  Removal  from  office, 

806,  807 
Judicial  Department. . .  .646,  648,  713,  722 

Limitation  of  debate 466,  467 

Miscellaneous  Provisions,  Article  on, 

665,  669,  670,  671,  809 


906 


INDEX  OF  DEBATES. 


Porter. 


PARKER,  H.  G. 

Bemarks  upon 

Oath  of  office G65,  669,  670,  671 

Pacific  Railroad  . .  .295,  404,  459,  464,  497 

Poll  tax 786 

Right  of  Suftrage,  Article  on 252 

Rules  and  order  of  business 466 

Schedule 706,  710 

Seizures  and  searches 783,  784 

Soldiers'  vote 252 

Taxation 420,  449,  450 

Terms  of  Courts 706 

Pa-SSAGE  of  bills,  final.  [See  Bills.] 
Paupers.  [See  Public  Institutions.] 
Pat  of  officers,   etc.,   of  the  Convention. 

[See  compensation.] 
Per  diem  of  members  of  the  Legislature. 

[See  compensation.] 

Perpetuities,  prohibition  of. . . .  .740,  741,  746 

Bemarks  of 

Mr.  DeLong 741 

Dunne 740,  741,  746 

Johnson 741 

Kinkead 746 

Personal  explanations,  202,  300,  317,  318,  383, 
441,  454,  485,  486,  489,  535,  536,  710,  742, 
769,  821,  823 
Bemarks  of 

Mr.  Brosnan 535,  536 

DeLong  .  .318,  454,  485,  486,  489,  823 

Dunne 317,  .383,  485,  710,  742 

Fitch 317,318 

Haineri 485,486 

Ilawley 769 

Hovey 202,  441 

Johnson 318 

Kennedy 300.  301 

Nourse 318.  321 

Proctor 486 

Sturtevant :}00,  301 

Tozer 454 

Warwick 485 

Phraseologv  and  arrangement  of  articles — 

Appointment  of  committee  on 84,  230 

Reports  of  committee  on. .  ..230,  465,  583, 


Page.  [  Page. 

Mr.  Johnson 230,  231 

Tozer 230 

Plurality,  election  by 614 

Poll  tax.  .108,  111-122, 145, 145,146,  272,  535, 

786,  787 


Bemarks  of 

Mr.  Banks 113,  114,  146,  535,  786 

Brosnan.  .114,  115,  116,  120,  121,  122, 
145,  146,  272 

Chapin 121,  272 

Collins 145,  146,  786,  787 

Crosman 121 

DeLong 112,  120,  145,  272,  535 

Earl Ill,  112,  114-117,  119-122 

Fitch 117 

Hawley...lll,  112,  113,  120,  121,  146, 

535 

Hovey 120 

Johnson 112,  116,  145,  146,  786 

Kennedy 117-120,  146,  272 

Kinkead 146 

Lockwood 119.  146,  272 

Murdock 118,   119,  120,786,  787 

Nourse 114,  118,  120,535 

Proctor 786 

Sturtevant 272,  535 

Tozer 272 

Warwick 786 

Postponement  of  Judicial  article.. 617-622,  674 


Bemarks  of 

Mr.  Banks 230,  231 

Ilawley 230 


Remarks  of 

Mr.  Banks 620,  621,  622 

Brosnan 674 

Chapin 617,  619,620 

Collins 619,620 

DeLong 674 

Dunne 618,  619 

FrizoU G19 

Hawley 619,620 

Hovey 617,  619,  62C 

Johnson 617,  618,  620,  674 

Kennedy 618,  619,  620,  674 

Mason 617,  621 

Murdock 619 

Proctor 618,  619 

Wethorill 620,  621 

742,  7o2   pQjj.pj,,^  (jf  tjjg  Convention,  compensation 

of 8 

William  E.  Skeene  elected  as 9 

[Sec  additional  compensation.] 


INDEX  OF  DEBATES. 


907 


Proctor. 


Page. 

Prater  at  opening  of  the  ConTention. ...       2 

PREAiiBLE.  and  name  of  State — 

First  reading  and  adoption  of. .  .33,  34,  35 

Second  reading  of. 39,  40 

Third  reading  and  final  passage  of.. . .   193 

Remarks  of 

Mr.  Ball 33,  35 

Banks 33.  40 

Collins 33 

DeLong 39,  40 

Dunne 33 

Fitch 33,  39,  40 

Johnson 34,  40 

Nourse 40 

Sturtevant .34,  40 

Tozer 3.5 

PRESE^TME^T  or  indictment  by  Grand  Jury         | 

required  in  criminal  cases. 59 

Presertatiox  of  school  fund.   [See  School         | 
Fund.] 

Press,  freedom  of  the ,     63 

PREaiDEXT  of  the  Convention — 

Election  of  J.  Neely  Johnson  a3 5 

Remarks  of  upon  taking  the  chair. . .       5 
Appointed  on  Committee  on  Address         : 

to  the  People 699; 

Appointed  on  Committee  on  Educa- 
tion    447 

Appointed  on  Committee  on  Judiciary  174 
Appointed  on  Committee  on  Schedule  447 
Appointed  to  contract  for  and  super- 
vise publication  of  debates  and  pro- 
ceedings    704 

[See  last  section  of  Schedule.] 

Resolution  of  thanks  to 827,  828 

Closing  Address  of. 828,  829 

Pristixg  for  the  Convention,  Special  Com-         j 

mittee  appointed  on 39  ! 

PRDrrrxG  rules  of  Convention,  resolution         ] 

for 36  i 

[See  Rules.]  ! 

Private  property,  security  for 60-63 

Remarhi  of 

Mr.  Banks 60.  62 

DeLong 60,  61,  62  , 

Hawley 61 1 

Johnson 60,  62  | 

Xourse 60,  61.  62 

Pefvileges  and  immunities,  special,  not  to 

be  granted 63-CJ 


Page. 
Remarks  of 

Mr.  Ball 64 

Banks 63 

Brosnan 65 

DeLong ; 63.  64 

Earl 64,  65 

Johnson 64 

Xourse G3,  64 

[See  Special  Legislation.] 

Privilege  of  debtor 66 

Privilege,   questions   of.     [See   Personal 

Explanations.] 
Probate  Court.*.     [See  County  Courts.] 
Probate  Courts  in  Lander  County.     [See 

Lander  County  officers.] 
Probate  Courts,  resolution  instructing  Ju- 
diciary Committee  relative  to  abol- 
ishing  231-243 

[See  Judicial  Department.] 
Probate  Courts,  transfer  of  cases  from. . .   741 
Probate  Judge.?,  continuance  of 697 

Remarks  of 

Mr.  Dunne 697 

Procedure.     [See  Mode  of  Procedure.] 
PR0CE.SS,  style  of C76 

PROCTOR.  FRANCIS  M. 

Appointed  on  Committee  on  Judiciary  174 
Appointed  on  Committee  on  Printing 

for  the  Convention 39 

Appointed  on  Committee  on  Schedule  447 
Appointed  on  Special  Committee  to 
wait  on  Governor  relative  to  day  of 

election  on  the  Constitution . .  769 

Credentials  of 3 

Exrnsed  from    service    on    Schedule 

Committee 521 

Granted  leave  of  absence 521 

Made  reports  from  committee  to  wait 
on  the  Governor  relative  to  day  of 
election  on  the  Constitution.. .  .771,  773 
Offered  resolution  for  appointment  of 
Committee  on  Printing  for  the  Con- 
vention      39 

Offered  resolution  for  appointment  of 
Special  Committee  to  wait  on  Gov- 
ernor relative  to  day  of  election  on 
the  Constitution 769 

Remarks  upon 
AddreSvS  to  the  people 699 


908 


INDEX  OF  DEBATES. 


Public  Institutioxs. 


Page. 
PROCTOR.  FRANCIS  M. 

Remarks  upon 
Amendments  of  the  Constitution. . . .   810 

Boundary  memorial 794 

Continuance  of  county  officers. .  .696,  697 
Corporations,  Article  on,  162,  166,495,  497 
Day  of  election  on  the  Constitution..  .766, 

769,  826 

Declaration  of  Rights,  Article  on.  .42,  44, 

48,  59,  60,  196,  197,  202 

District  Courts  and  Judges 715,  716 

Dueling ■  .   669 

Election  Ordinance,  625,  626,  766,  769,  771, 

826 

Executive  Department 160 

Final  adoption  of  the  Constitution. . .   827 

Final  passage  of  bills 144 

Finance  and  State  debt 807 

Grand  Jury  system 60,  196,  197,  202 

Judicial  Department.. 618,  619,   649,  702, 
703,  715,  716,  799,  802 

Habeas  corpus 59 

Lander  County  officers 696,  747 

Legislative  department.  142,  143,  144,  153 

307,  309,  312,  313,  314,  789,  797 

Limitation  of  taxation.  .807,  815,  818,  819 

Miscellaneous  Provisions,  Article  on.   610, 

612,  669,  809 

Municipal  Courts 799 

Oath  of  office 669 

Oath  prescribed  for  voters. .  .486,  487,  494 

Offices  of  county  officers 612 

Offices  of  profit , 789 

Pacific  Railroad 166,  300,  495.  497 

Paramount  allegiance.  .42,  44,  48,  59,  202 
Personal  and  political  explanation. . .  486 
Postponement  of  Article  on  Judicial 

Department 618,  619 

Qualifications  of  jurors 153 

Qualifications  of  voters  upon  the  Con- 
stitution  122-125, 134,  136 

Right  of  Suffrage,  Article  on . .  88, 122-125. 
134,  136,  271,  486,  487,  494,  786 

Salaries 522,  607 

Salaries  of  judges 812,  813,  814 

Schedule.. 696,  697,  705,706,747,812-815, 

818,  819 
Secret  sessions  of  Legislature. ...  142,  143 

Soldiers'  vote 271 

Supreme  Court 649,  812 

Surveyor  General,  office  of 160 


Page. 

Taxation  of  corporations 162,  163 

Terms  of  Courts 705,  706 

Terms  of  office  of  State  officers 610 

Time  of  first  session  of  the  Legisla- 
ture   307,  309 

Vacancies  in  office 702,  703 

Veto  power 312,  313,  314,  797 

Prohibition  of  slavery.     [See  slavery.] 
Property,  exemption  of  from  seizure  for 

debt 66 

Property,  private,  security  fgr 00-63 

[See  private  property.] 
PcBLiCATiox    of   Constitution,    resolution 

providing  for 775-777 

Remarks  of 

Mr.  Banks 776 

Chapin 775,  776,  826 

Collins 777 

Crawford 777 

Crosman 776 

Frizell 775 

Gibson 775 

Hawley 775 

John-son 775,  776,  777 

Kennedy 776 

McClinton 775,  776,  777 

Nourse 775 

Tagliabue 776 

Warwick 775 

Publication   of   Constitution,    resolution 
that  a  certified  copy  be  furnished 

for 826 

Pcblication  of  Debates  and  Proceedings 

of  the  Convention. .  .704,  705,  746,  751, 

815 
Remarks  of 

Mr.  Brosnan 705 

Hawley 815 

Johnson 70.5,  746 

Warwick 746 

Publication  of  laws  and  judicial  decisions, 

612,  613,  615 
Remarks  of 

Mr.  Brosnan 613 

Johnson 613 

Nourse 612,  613 

Public  Institutions,  Article  on — 

Referred  to  Committee  of  the  Whole.  466 
Considered  in  Committee  of  the  Whole,  524 
Considered  in  Convention 539 


INDEX  OF  DEBATES. 


909 


Repokts  OP  Committees. 


Page. 
Public  Institutions,  Article  oa — 

Final  revLsion  of 809 

RemarlxS  of 

Mr.  Banks .^39 

Brosnan 539 

Gibson 524 

Public  lands,  appropriation  of  for  school 

purposes 580 

Remarks  of 

Mr.  Collins 580 

Frizell 580 

Johnson 580 

Public  lands,  Ordinance  concerning,  etc..     50 

[See  Ordinance.] 
Punishments,  cruel  and  unusual  prohibited,    59 

Q 

Qualification  of  jurors 153 

Remarks  of 

■  Mr.  Fitch 153 

Johnson 153 

Proctor 153 

Sturtevant 153 

Qualifications  of  Senators  and  Assembly- 
men     140 

Qualifications    of   State    ofBcers.      [See 
State  officers.] 

Qualifications  of  voters 70-73,  111-122 

[See  Voters  ;  also,  see  Poll  Tax.] 
Qualification  of  voters  upon  the  Consti- 
tution.    [See  Constitution.] 
Question  of  proxies.     [See  Proxies.] 
Question  of  privilege.     [See  Personal  Ex- 
planations.] 
Quorum,  necessary  in  each  house  of  Leg- 
islature    142 

11 

Railroads,  aid  of  cities,  counties,  etc.,  to.   218 

[See  municipal  loans.] 
Railroads,  aid  of  State  to.     [See  Pacific 

Railro;id.] 
Railroads,   special  franchises  for.      [See 

special  legislation.] 
Rebels.    [See  disfranchisement  of  rebels.] 

Recess,  houi-s  of,  resolutions  fixing 3G,  127, 

128,  183 
Recorders,  fees  of.    [See  City  Recorders.] 
Records,  Territorial,  transferred  to  State.   631 


Page, 
Religious  toleration 59 

Remarks  of 

Mr.  Banks 59 

Brosnan 59 

Chapin 59 

Collins 59 

DeLong 59 

Religious  toleration,  Ordinance  concern- 
ing      50 

[See  Ordinance.] 
Registration  of  separate  property  of  the 
wife.     [See  separate  property.] 

Registry  law,  provision  for ill,  785 

Remarks  of 

Mr.  Banks §75 

Brosnan m,  735 

Dunne m 

Hawley m 

Johnson  m 

Removal  of  judges   by   the    Legislature. 

[See  Impeachment  and  Removal.] 
Reporter,  Official,  of  the  Convention — 

Andrew  J.  Marsh,  elected  as 8 

Allowed,  by  resolution,  use  of  the  min- 
utes of  the  Convention, 746 

Appointed  to  revise  -and  index  De- 
bates and  Proceedings  of  the  Con- 
vention     704 

Compensation  of 8,  273,  704,  705,  751 

Remarks  of 

Mr.  Chapin 751 

Johnson 705,  751 

Kennedy 751 

[See  last  section  of  Schedule.] 
Reports  of  committees — 

On  Credentials 3 

On  Education 5G5 

On  Engrossment. .  .230,  535,  583,  659,  711, 

725 

On  Enrollment 465,  535,  79.3,  795,  797, 

799,  804 

On  Judiciary 536,  537,  638 

On  number  and  compensation  of  sub- 
ordinate officers  of  the  Convention.       8 
On  Phraseology  and  Arrangement. . .   230, 
465,  583,  743,  752 

On  Rules  and  order  of  Business 7 

On  Schedule 538,  622,  630,  673 

On  State  Seal 583 


910 


INDEX  OF  DEBATES. 


Resolutions. 


Page. 
Reports  of  committees — 

Special,  to  amend  Article  on  Declara- 
tion of  Rights,  relative  to  evidence 

of  treason 201 

Special,  to  ameiul  Election  Ordinance, 

generally '41 

Special,  to  amend  Article  on  Miscel- 
laneous Provisions  relative  to  duel- 
ing.       (i^O 

Special,  to  amend  Article  on  Right  of 

Suffrage 2G8,  477 

Special,  to  amend  Schedule,  relative 

to  taxation  and  appropriations 765 

Special,  to  wait  on  the  Governor  rel- 
ative to  the  day  of  election  on  the 

Constitution 771,  773 

Representation,  apportionment  of.     [See 

Apportionment.] 
Representation  to  be  apportioned  accord- 
ing to  population 6G 

Residence   of  State  Officers.     [See  State 

officers.] 
Residence  of  Voters.     [See  Voters.] 
Resolutions  offered  in  relation  to — 

Absent  members,  casting  votes  of  by 

proxy ■• 433 

Adjuurment  over  of  the  Convention. .   387 

Adjournment  sine  die 9,  10,  13,  274 

Amendments  of  Constitution  (substi- 
tute) requiring  members  to  hand  in, 

21,  22,  24 
Basis  of  Constitution,  adopting  Con- 
stitution framed  by  former  Conven- 
tion as 9,  14 

Boundary  memorial  to  Congress,  con- 
cerning and  accompanying 794 

Clerks,    authorizing    Engrossing   and 

Enrolling  Connnittees  to  appoint.. .     78 
Committees,  for  the  appointment  of.  .(>,  84, 
33(5,  447,  724,  7G9 
Committees,  (substitute,)  for  the  ap- 
pointment of  on  the  several  articK  s     1(1 
Committees,  for   the  apptiintment  of 

additional  members  of 230 

Compensation  of  officers  and  attaches 
of  Convention,  for  the  appointment 

of  Committee  on G 

Compensation  of  officers  and  attaches, 

additional  for  evening  sessions 273 

Compensation  of  officers  and  attaches, 
increase  of 804 


Page. 


Compensation   of  Secretary  for  extra 

service 827 

Constitution,  appointing  committee  on 

re-enrollment  of. 724 

Constitution,  copy  of,  to  be  furnished 

for  publication 826 

Constitution  of  the  United  States,  pre- 
amble, and  resoluting  adopting. ...       6 
Constitution,  publication  of. . . .    .775,  776 

County  Courts,  abolition  of 639 

Daily   sessions  of  Convejition,   hours 

of 3G,  127.  US,  193,  231 

Day  of  election  on  the  Constituti'vn, 
appointing  a  committee  to  wait  on 

the  Governor  concerning 769 

Deoate,  limitation  of,  36,  74,  454,  4GG,  584 
Debates  and  proceedings  of  Conven- 
tion, contents  of  volume  of. 746 

Education,  for  the   appointment  of  a 

committee  upon 447 

Evening  sessions,  postponing 231 

Evening  sessions,  providing  for. .  .  .73,  74, 

126,  193 
Indictments,  amending  Section  8   of 
Article    on   Declaration  of  Rights, 

respecting 774,  775 

Jefterson's  Manual,  adopting  for  the 

government  of  the  Convention.  ...     39 
Jetierson's  Manual,  explanatory  of. . .     75 
Journal  of  the  Convention,  prescribing 
the  disposition  to  be  made  of  official 

minutes  of. 746 

Journal  of  Convention,  directing  the 

Secretary  to  engross 826 

Judicial  Dei)artment,  relative  to  abol- 
ishing County  Courts 639 

Judicial  Department,  instructing  Ju- 
diciary Committee  in  regard  to  cer- 
tain features  of 231,  243,  683,  688 

Judiciary  Committee,  requiring  it  to 

submit  report 534 

Judiciary   system,  for    memorializing 

Congress  in  favor  of  changes  iu,  13,  172 
Justices  of  the  Peace,  jurisdiction  of, 

C«3,  688 
Memorializing    Congress,    respecting 

boundary 794 

Memorializing  Congress  for   changes 

iu  Judiciary  system 13,  172 

Officers  of  Convention,  appointing 
committee  on  number  and  com- 
pensation of 6 


INDEX   OF   DEBATES. 


Oil 


Right  of  Suffrage. 


Page 
Resolutions  offered  in  relation  to — 

Phraseology  and  Arrangement,  ap- 
pointing committee  on 84 

Perpetuities,  adding  section  to  Article 
on  Miscellaneous  Provisions,  pro- 
hibiting     741 

Printing  one  hundred  copies  of  rules 
of  the  Convention 3G,  38 

Proxy,  casting  votes  of  absent  mem- 
bers by 433 

Publication  of  Constitution 775,  776 

Publication  of  Constitution,  requiring 
a  certifled  copy  to  be  furnished  for,  826 

Re-enrollment  of  Constitution,  and 
correction  of  clerical  errors,  ap- 
pointing committee  to  supervise. . .   724 

Referring  various  articles  to  commit- 
tees     466 

Roop  County,  adding  section  to  Sched- 
ule attaching  it  to  Washoe  County 
for  certain  purposes 773,  774 

Rules  and  order  of  business,  appoint- 
ing committee  on 6 

Rules  of  Convention,  to  print  one 
hundred  copies  of 36,  38 

Salaries,  transferring  Article  on  to 
Schedule 641 

Schedule,  appointing  committee  on.. .   447 

Slander  and  libel,  amending  Article 
on  Declaration  of  Rights  in  respect 
to  imprisonment  for 778 

State  Seal,  authorizing  the  Secretary 
of  the  Territory  to  procure 698 

Taxation,  referring  article  on  to  a 
special  committee 336 

Thanks  of  Convention  to  the  Presi- 
dent   827,  828 

Thanks  to  officers  and  attaches  of  Con- 
vention .  ^ 828 

Transfer  of  cases  from  Probate  Courts, 
adding  section  to  Schedule  to  pro- 
vide for 741 

Returns   of  election.     [See  Election  Re- 
turns.] 
Richards,  Master  George,  elected  page  of 

Convention 8 

Defined  bis  position  on  the  Union  ques- 
tion        8 

Right  of  defending  in  person 59,  782 

Remark's  of 

Mr.  Banks 782 


Page. 

Mr.  Brosnan 782 

Collins 782 

Ilawley 782 

Johnson 782 

McClinton 782 

Warwick 782 

Right  of  Suffrage,  Article  on- 
Referred  to  Committee  of  the  Whole.     70 
Considered  in  Committee  of  the  Whole, 

70-73,  80-125,  129-138,  253,  254 

Considered  in  Convention 145,  146, 

243-246,251,  253,  254-273,  477-494, 

535 

Read  third  time  and  passed 273 

Passage  reconsidered  and  referred  to 

Special  Committee  for  amendment.  467 
Reported  from  Special  Committee  with 

amendments 477 

Final  passage  of 494 

Final  I'evisiou  of 785,  787 

Remarks  of 

Mr.  Banks,  70,  71,  91,  96,  97, 105-109,  113, 

114,  124, 125, 130, 131, 132,  146,  246, 

254,  259,  268,  270,  467.  487,  489,  490, 

492,  493,535,  785,  786 

Brosnan. . .73,  105,  108-111,  114,  115, 

116,  120,  121,  122, 124,  134,  136,  145, 

146,  251,  252,  263,  264,  268,  272,  479, 

480,  484,  492,  785,  786 

Chapin..  .  .88,  107,  121,  134,  138,  244, 

245,  246,  252,  253,  272,  482,  487 

Collins. .  .71,  85,  89,  98-101,  107,  123, 

129,  130,  132,  134,  135, 136,  145,  146, 

244,  255,  263,  785,  786,  787 

Crawford 107,  108,  271 

Crosman..  .94,  108,  121,  122,  123,  134, 

245,  251,  252,  253,  272,  489 
DeLong 70,  71,  72,  82,  91,  92,  93, 

104-108, 112, 120,  123, 124, 125,  145, 

244,    264,    269,  272,  467,  477-481, 

483-486,  488,489,  490,  492,  494,  535 

Dunne,  80,  82,  104,  111,  125,  132,  133, 

137,  245,  251,  253-256,  261,  266,  268- 

272,  484,  485,  492,  493,  494 

Earl.  .73,  83,  84,  86,  93,  109,  111,  112, 

114,  116,  117,  119,  120,  121,  122,  481, 

488 

Fitch..  .72,  73,  102-104,  117,  122,  124, 

244,  245,  246,  254,  267,  268 

Frizell,  71,  97,  107,  108,  133,  244,  257, 

258,  259,  261,490,  491,  492 


912 


INDEX  OF  DEBATES. 


Salaries. 


Page. 

Mr.  Haines 262-483-486,491 

Hawlev...81,  82,  84,  85,  94,  106,  108, 

111.112, 113,  120,  121, 146,  244,  246, 

265,492,493,  494,  535 

Hovey,  80,  81,  120,  138,  245,  256,  270, 

273 

Jol.nson.  87.  88,  89,  106.  108-116,  122, 

123. 124. 129-133,  136, 137, 138, 145, 

146,  244,  252, 254,  260,  261,  268,  270. 

27 1'  467*,  478-481, 486,  488,  489, 492, 

786,  787 

Kennedy S^,  91,  93,  95,  100,  102, 

104-107,  117, 119,146,  245,  246,  251, 
253,  272,  490 

Kinkcad 491,786 

Lockwood  .  .94,  95,  108, 119,  146,  269, 
270, 272,  490 

Mason 104,2.55,  256,  259 

McClinton. . .  .259,  262,  269,  271,  272, 

484,  489,  494 

Murdock.  118,  119,  120,  268.  786,  787 

Nourse,  71,  72,  73,  83,  84,  85,  89,  90,  91, 

96,  109,  110,  114,  118,  120,  245,  251, 

252,  267,  535 

Parker  ^ 

Proctor.. .. 88,  122.  123,  134,  136,  271, 

486,  487,  494,  786 
Sturtcvant. . . .  245,  246,  270,  272,  467, 

487,  489,  493,  494 

Tozer 94,  95,  245,  254,  272 

Warwick. .  .73,  80,  81,  84,  95,  96,  104, 

107,137.246,254,258,259,  266,  267, 
467,  479,  481, 482,  483,  485,  494,  786 

Wetherill 490 

Right  of  way,  compensation  for 16o 

Remarks  of 

Mr.  Banks ^^'^ 

RiLEV,  Rev.  Mr.,  ofliciated  as  Chaplain 36, 

172,  268,  383,  501,  697,  779 
ROOP  County  attached  to  Washoe  County 

for  certain  purpo.ses 773,  774 

Remarks  of 

Mr.  Brosnan "'""^ 

llawley 774 

Johnson 773,774 

Tagliabue " '  *^ 

RcLES  and  Order  of  Business— 

Committee  appointed  upon 6 

Report  of  Committee  upon 7 

Resolution  to  print  one  hundred  cop- 
ies of '^^'  2^ 


Page. 
Adoption  of  reconsidered,  and  Jeffer- 
son's Manual  adopted  instead 39 

Motions  and  resolutions  to  amend.  .36-39, 
74,  75,  77,  110,  126,   193,  231,  4.54,  466, 

584 

Remarks  of 
Mr.  Banks. . .  .38,  75,  76,  77,  110,  127,  584 

Belden 36 

Brosnan 127,  128,  736, 

Chapin 6,  38,  39,  127,  128,  584 

Collins ....6,7,76,466 

Crawford ''^ 

Crosraan 38,  75,  76 

DeLong. .  .37,  38,  39,  73-77,  110,  125, 
128,  4.54,  466 

Dunne 36-39,  74,  75,  77,  127,  128, 

193,  231,  466,  584 

Earl "^6,  454,466 

Fitch.'! 8,38,73-76,110 

Frizell ^28 

Gibson ^ 

Hawley 36-39 

Johnson. . . .8,  36-39,  76, 77, 126,  127, 
466,  584 

Kennedy 75,126,127,584 

Kinkead ^ 

Lockwood ' " 

Nourse 37,  39,  75,  76,  77 

Parker ^66 

Sturtevant 38 

To/.er 37,76,77,127,128 

Warwick 75,  77,  584 

[See    debate,  limitation  of ;   also 
evening  sessions.] 

s 

Salaries,  Article  on- 
Referred  to  Committee  of  the  Whole.   162 
Considered  in  Committee  of  the  Whole, 

501-513.  521-524,  .595-607 
Considered  in  Convention..  .524,  607,  608, 
640,  641,  7.52 
Referred  to  Committee  on  Schedule. .  524 
Reporl<d  from  Committee  on  Schedule 

with  amendments ^38 

Transferred  to  Article  on  Schedule  by 

resolution *^41 

Remarks  of 
Mr.  Banks. . .  .506-509,  521,  522,  595,  .598, 
699,  600,  604 


INDEX  OF  DEBATES. 


913 


SCHEDOLB. 


Page. 

Mr.  Brosuan..508,  513,  521,  522,  524,  598, 

601,  607,  6t0,  641 

Chapin. .  .506,  507,  508,  512,  590,  599, 

600,  601,  007 

Collins. .  .507,  510,  511,  596,  597,  599, 

600,  601 

Crosman 522,  604,  606 

Dunne  . .  .501,  511,  512,  523,  524,  595, 

597,  599,  602,  752 

Earl 505,  508 

Fitch,  501, 502,  504,  505,  506,  508,  509. 
510,  512,  513 

Frizell 598,  606 

Gibson  607,  608 

Hawley 596,  608 

Hovey 521,  596,  607,  608 

Jolinson  .  .502,  503,  504.  506.  508-513. 

596,  597,  599-608,  641,  752 

Kennedy.  .598,  600,  601,  603,  608,  752 

Lockwood,  508,  510,  511,  601,  603,  604 

McCIinton 522 

Murdock 606,  607 

Nourse. .  .505,  506,  508,  509,  523,  597, 

601,  606 

Proctor 522,  607 

Sturtevaat  . . .509,  510,  512,  595,  590, 

599,  601,  606 

Tagliabue 602 

Tozer 513,521 

Warwick 522,  523,  524,  598,  599, 

603-606 

Wetherill 599,  603,  604,  606 

Salaries,  increase  or  diminution  of  . .  .613-616 

Remarks  of 

Mr.  Banks 014,  615,  616 

Chapin 616 

Dunne 615 

Johnson 014,  615 

Nourse 615 

Salaries  of  Judges 000,  001,  048,  070,  077, 

729-732,  803,  811-815 

Remarks  of 

Mr.  Banks 600,  803 

Brosnan 601,  80.3,  813,  814 

Chapin 000,  601,  732,  811-814 

Collins OOU,  601 

Crawford 731 

Crosman 814,  815 

DeLong 730,  731,  814,  815 

Dunne 732 

A  32 


Page 

Mr.  Frizell 729,  732 

Hawley 803 

Johnson. .000,  601,  677,  729-732,  803, 
813,  814 

Kennedy COO,  001,  677,  729,  813 

Kinkead 803 

Mason 313 

McCIinton 729,  731,  732 

Nourse 001,  648,  670,  677 

Sturtevant 601.  048 

Tagliabue 803 

Proctor 812,813,  814 

Salaries  of  State  officers.     [See  Salaries, 
Article  on.] 

Sanitary  Fund,  donation  of  fines  to 304 

Schedule,  Article  on — 

Committee  appointed  upon.  .447,  405,  521 

Referred  to  Schedule  Committee 406 

Reported  from  Schedule   Committee. 

030,  073 
Considered  in  Committee  of  the  Whole, 

631-038,  692-697,  703-710 
Resolutions  adding  sections  to ... .  741,  773, 

774 
Considered  in  Convention. .  .746-766,  773, 

774 

Final  revision  of 811-825 

Remarks  of 

Mr.  Banks.  . .  .634,  637,  096,  705-708,  710, 

757,  760,  763,  812,  815,  810,  817 

Brosnan.  ..705-708,  710,  748,  752,  704, 

773,  812-810,  821 

Chapin. .  .034,  638,  708,  747,  748,  750, 

751,  753-757,  764,  765,  811,  813,  815, 

816,817,  819 

Collins. .  .032,  633,  634,  636,  0.37,  038, 

700,   707,   708,   749-752,    757,   703, 

764,  819,  822,  823 

Crosman.  .695,  096,  097,  750,  704,  765, 

8L4,  815,  824 

DeLong.. .447,  692-697,  705-710,  747, 

750,  753,  754,  759,  760,  702,  763, 

812,  814,  815,  816,  320,  821,  823 

Dunne  . .  .447,  632-035,  037,  038,  692, 

693,  695,  090,  697,  704,  747-752,  7.54 

Frizell 035,  095,  704,  705 

Gibson 749,  819 

Ilavley 774,813,  815.  810,  824 

Johnson. .634,  035,  637,  693-690,  704- 

710, 747-752, 754-759,  703,  773,  774, 

812,  813,  814,  816-819,  824 


9U 


INDEX  OF  DEBATES. 


Sectarian  Instruction. 


Page. 

Mr.  Kennedy.  .632,  633,  635,  638,  707,  709 

751,  752,  757.  765,  813,  815,  816,  81« 

Kinkead.  .708,  750,  765,  766,  811,  812, 

819 

Lockwood 7G2,  763 

Mason.... 635,  G36,  637,  7G1,  762,  813 

McClinton,  693,  70i,  707,  708,  710,  746, 

757,  823,  824 

Murdock 757,  812 

Nourse. .  .813,  816,  819,  820,  821,  824 

Parker 706,  710 

Proctor 696,  697,  705,  706,  747, 

812-815,  818,  819 

Tagliabue,  636,  696,  749,  765,  773,  812 

Warwick,  632,  635.  637,  704,  705,  708, 

709,  747-751,  755,  758-762 

Wetherill 637 

ScuooL  fund,  provisions  for,  579,  580,  686,  589, 

745 
Remarks  of 

Mr.  Banks 580 

Collins 580,  586,  745 

Dunne 587,  589,  745 

Frizell 580 

Hawley 580,  5 

Johnson 580* 

Kinkead 745 

Nourse 586 

Tagliabue 580 

School  fund,  forfeiture  of,  by  school  dis- 
tricts as  penalty  for  neglect,  etc.,  568,  579 
[See  district  schools;  also  sectarian  in- 
struction.] 
School  system.   [See  Education,  Article  on.] 
School  tax.     [See  special  school  tax.] 
Scrip.     [See  State  Scrip.] 
Seal  of  State.     [See  State  Seal.] 
Seat  of  government 608,  609 

Bcmnrks  of 

Mr.  Banks 609 

Johnson 608,  609 

Warwick 608,  009 

Seats  of  members  of  the  Convention 7 

Remarks  of 

Mr.  Fitch 7 

Gibson  7 

Secretary  of  State,  duties  of 160 

Remarks  of 

Mr.  Johnson ICO 

[See  State  ofiBcer.s.] 


Secretary  of  State,  salary  of 596-599 

Remarks  of 

Mr.  Banks 598 

Brosnan 598 

Chapin 596,  599 

Collins 596,  597,  598 

Dunne 597,  599 

Frizell 598 

Hovey 596 

Johnson .596,  597  599, 

Kennedy , 597 

Nourse 598 

Sturtevant 599 

Warwick 598,  599 

Wetherill 599 

[See  State  officers.] 
Secretary  of  the  Convention — 

C.  W.  Tozer,  elected  pro  tern 1 

R.  G.  Clark  nominated  for 5 

William  M.  GillPFpi'\  nominated  <nr.         5 
William  Martin  Gillespie  elected  as..       5 

Compensation  of 8 

Additional  compensation  of,  for  even- 
ing sessions 273,  274 

Resolution    increasing    compensation 

of 804,  806 

Authorized  to  engross  journals  of  the 

Convention 826 

Allowed  per  diem  for  writing  up  tlie 
journals  of    the   Convention    after 

final  adjournment 827 

Secretary,  Assistant,  of  the  Convention — 

Andrew  Whitford  elected  as 9 

Compensation  of 8 

[See  additional  comi^ensation.] 
Secret  sessions  of  the  Legislature 142,  143 

Remarks  of 

Mr.  Hovey 142 

Johnson 142,  143 ' 

Procter 142,  143 

Sectarian  instruction  in  the  public  schools, 

568,  569,  577,  679,  660,  661 

Remarks  of 

Mr.  Banks 577,  579,  661 

Brosnan 577,  579,  660,  6(il 

Collins 568,  569,  577,  661 

Crosman 661 

Ilawley 568,  661  ' 

Johnson GGO 


INDEX  OF  DEBATES. 


915 


Sole  Traders. 


Page. 

Mr.  McCliuton 568,  5G9,  577 

Warwick 568,  569 

Security  for  private  property.     [See  pri- 
vate property.] 
Seizures  and  searches 67,  783,  784,  785 

Remarks  of 

Mr.  Banks 784 

Brosnan 783,  784 

DeLong 783,  784 

Johnson 783,  784,  785 

Kennedy 784 

Kinkead 783,  784 

Lockwood 783.  784 

McClinton  783,  784.  785 

Parker 783,  784 

Warwick 783,  784 

Sexatorial  districts 788 

Remarks  of 

Mr.  Brosnan 788 

Collins 788 

Johnson 788 

Senators.     [See  State  Senators.] 

Sexatoks,  United  States,  election  of. 15(') 

Separate  property  of  the  wife 153. 

154,  311,  312 
Remarks  of 

Mr.  Dunne 279 

Johnson 154.  279,  312 

Nourse 312 

Sturtevant 154,  279 

Sergeant-at-Arms  of  the  Convention — 

Tliomas  Carson  elected  as 8 

Compensation  of 8 

[See  additional  compensation.] 
Sessions,  daily  of  the  Convention,  resolu- 
tions tixing  hoars  of,  36,  74,  7Ii,  126,  193. 

231 
[See  evening  sessions.] 

Sessions  of  the  Legislature,  time  of. .  138-139. 
153,  695,  696,  787,  788 

Beinarks  of 

Mr.  Banks 139,  696,  788 

Brosnan 139,  788 

Collins 788 

Dunne 696 

Johnson 139,  695,  787,  788 

Kinkead 788 


Page. 
Sessions  of  the  Legislature,  to  be  open. . .  142 
[See  secret  sessions.] 

Skeene,  William  E.,  elected  Porter 9 

Slander  and  libel 777,  778,  782,  783 

Remarks  of 

Mr.  Banks 778 

Brosnan 777,  778,  783 

Chapin 778 

McClinton 782,  783 

Nourse 778 

Warwick 778 

[See  Dueling.] 
Slavery,  ordinance  concerning,  etc.    [See 

Ordinance.] 
Slavery,  proliibition  of 50,  66,  67,  783 

Rtmarks  of 

Mr,  Banks 50,  67,  783 

Brosnan 66,  783 

Chapin 50 

Collins 50 

DeLong 67 

Earl 66 

Johnson 50,  66,  783 

Kennedy 783 

Nourse 66 

Warwick 67,  783 

Soldiers,  not  to  be  quartered,  etc.,  in  time 

of  peace 65 

Soldiers'  vote,  in  the  United  States  ser- 
vice, provisions  concerning. .  .108,  109, 
110,  251,  252,  253,  271,  272,  467,  478,  492 
Remarks  of 

Mr.  Banks 109,  467 

Brosnan..  .108,  109,  110,  251,  252,  271 

Chapin 252 

•  Crosman 251,  252,  253,  271,  272 

DeLong 478 

Dunne 271,  272 

Earl 109 

Johnson 109,  110,  252,  271 

Kennedy 251 

McClinton 271,  272 

Nourse 109,110,251,  252 

Parker 252 

Proctor 271 

[See  Election  Ordinance.] 
Sole  traders 154,  275-278,  283 

Remarks  of 
Mr.  Banks 276,  277 


916 


INDEX  OF  DEBATES. 


State  Officers. 


Mr.  Bro?nan 154,  278 

Chapin 154,  277 

Crosman 276,  283 

DeLong 275,  276,  277 

Fitch 154 

Frizell 154 

Johnson 283,  284 

Sturtevant 154 

Warwick 277 

Wetherill 154 

Sfeakek   of  Assembly,   compensation   of, 

155,  156 
[See  compensation  of  members  of  the 
Legislature.] 
Special  committees.     [See  Committees.] 
Special  court  fee.     [See  Court  Fees.] 
SPECLiL  franchises,   prohibition   of.     [See 
Privileges   and   Immunities ;    also. 
Special  Legislation.] 
SPECLiL  legislation. . .  .03,  64,  65,  146-152,  466 

Remarks  of 

Mr.  Ball 64 

Banks 63,  147,  148,  151,  279 

Brosnan 65,  149,  466 

Collins 147-150 

DeLong 63,  64 

Earl 64,65 

Fitch 147,  149,  152,  280 

Frizell 147 

Hawley 147,  148 

Hovey..: 148,  152,  280 

Johnson. . . .64,  65,  149,  150,  151,  280, 

466 
Nourse 63,  64 

Special  legislation  relative  to  corporate 

powers,  prohibited 162 

Special  school  tax 587,  ofe8,  661,  662 

Remarks  of 

Mr.  Banks 591,  592 

Brosnan 592 

Chapin 587,  588,  661,  662 

Collins 588,  591,  594 

Crosman 662 

Dunne 588,  591,  594 

Frizell 588,  592 

Ilawley 591,593,  769 

Johnson 662 

Nourse 592,  593,  594 

Sturtevant 295 

Warwick 591,  593,  594 


Page. 
Special  sessions  of  the  Legislature. .  .153,  158 
Speech,   freedom   of.      [See    Freedom   of 

Speech,  etc.] 
Speeches,  limitation  of.     [See  Debate.] 
State  aid  to  corporations,  etc.,  prohibited,  166 

[See  Pacific  Railroad.] 
State  census.    [See  Census.] 
State  Controller,  official  designation  of, 

613,  614 
Remarks  of 

Mr.  Brosnan > 614 

Hovey 614 

Johnson 613,  614 

Warwick 614 

State  Controller,  salary  of 599,  600 

Remarks  of 

Mr.  Collins 599,  600 

Dunne 599 

Johnson 599 

Sturtevant 599 

State  debt.   [See  Finance  and  State  debt.] 
State  indebtedness,  limitation  of 220,  221 

Remarks  of 

Mr.  Collins 220 

DeLong 220,  221 

Johnson 221 

State  officers,  bonds  of.    [See  official  bonds.] 

State  officers,  enumeration  of 160 

State  officers,  offices  of,  to  be  kept  at  seat 

of  government. 613 

State  officers,  qualifications  of. 596-599 

Remarks  of 

Mr.  Banks 598 

Collins 597,  598 

Frizell 598 

Johnson 596,  597 

Nourse 597 

Sturtevant 599 

Warwick 598 

Wttherill 599 

State  officers,  residence  of. 161 

Remarks  of 

Mr.  Brosnan 161 

Collins 161 

DeLong 161 

Johnson 161 

State  officers,  salaries  of.    [See  Salaries, 
Article  on.] 


INDEX   OF   DEBATES. 


917 


Storey  County. 


Page. 
State  officers,  terms  of,  160,  161,  610,  611,  707, 

708 
Remarks  of 

Mr.  Brosnan 610,  707 

Chapin 610,  611 

Collins 611 

DcLoiig 160,  707 

Dunne 161,  692 

Johnson... 160,  610,  611,  707 

Kennedy 707 

Lockwood 160 

McClinton 707 

Nourse 610,  611 

Proctor 610 

State  Prison  Commissioners,  Board  of. . . .   161 

State  Prison,  provisions  concerning 524 

[See  Public  Institutions.] 
State  Scrip 221,  222 

Remarks  of 

Mr.  DeLong 222 

Fitch 222 

Hawley 222 

Warwick 221,  222 

State  Seal — 

Appointment  of  Committee  upon.  .75,  230 

Report  of  Committee  upon 583 

Design  for,  reported  and  adopted,  583,  584 

Required  to  be  kept 160 

Resolution   authorizing  Secretary  of 

the  Territory  to  procure 698 

Remarks  of 

Mr.  Banks 160 

Brosnan 160 

Chapin 698 

DeLong 160,  706 

Johnson 706 

Nourse 160 

Wetherill 698 

State    Senators,    election,    qualifications 

and  numbers  of 140 

State  Senators,  terms  of 140,  692-695,  812 

Remarks  of 

Mr.  Banks 812 

Brosnan  . . 812 

DeLong 692-695 

Dunne 692,  693 

Johnson 693,  C94,  695 

McClinton 693 

Tagliabue 812 


State  University.  .579-582,  585,  586,  587,  589, 
590,  591,  661,  G62,  745,  808 

Remarks  of 

Mr.  Banks 585 

Brosnan 586,  589,  590 

Chapin 586,  590,  661,  662 

Collins. .  .581,  582,  585,  586,  587,  590, 
662,  808 

Crosman 585,  586,  587,  662 

Dunne 579,  587 

Frizell 587,  590 

Hawley 579,  585,  586,  590 

Johnson. .580,  581,  582,  585,  586,  662, 

745 

Lockwood 587 

McClinton 745,  746,  808 

Nourse 581,  582,  585,  586 

Sturtevant 591 

Warwick 581,-  582 

Stationery  for  the  use  of  the  Convention.       7 
Remarks  of 

Mr.  Johnson 7 

Sturtevant 7 

Orion  Clemens  (Territorial  Secre- 
tary)         7 

Stanford,  Leland,  invited  to  a  seat  within 

the  bar  of  the  Convention 282 

Addressed  the  Convention  by  invita- 
tion, on  Pacific  Railroad 290-300 

Vote  of  thanks  to '. 300 

Storey  County,  Courts  in..  .617,  644-648,  650, 
651,  653-659,  674,  714,  715 

Remark  1  of 

Mr.  Banks. .  .617,  647,  651,  653,  654,  655, 
658,  674.  714,  715 

Brosnan 648,  654-657,  714 

Chapin 647,  651,  659 

Collins 646,647,  648,  651 

Crosman 617,  644 

DeLong.  .645,  648,  650,  651,  653,  655, 
656,  658 

Dunne 658,  659 

Frizell 645,  650 

Gibson :    648 

Hovey 617 

Johnson. .617,  648,  653-658,  714,  715 

Kennedy 644,  645,  646 

Lockwood 644 

Mason 647 


918 


INDEX  OF  DEBATES. 


Superintendent. 


Page.  I 

Mr.  Nourse. .  .644.  647,  650,  651,  654,  655, 

657,  658,  674 

Parker C46,  648 

Warwick ^^^ 

Storet  County,  number  of  Judges  in.  [See 

District  Courts  and  Judges.] 
STURTEVANr,  JAMES  H. 

Appoiuted  on  Committee  on  Rules  and 

Order  of  Business 6 

Appointed  on  Special   Committee  to 
conduct  the  President  elect  to  the 

cliair » 

Credentials  of "* 

Moved  appointment  of  a  Special  Com- 
mittee  to   conduct    the    President 

elect  to  the  chair 5 

Moved  election  of  Sergeant-at-Arms 

and  other  officers 5 

Moved  to  proceed  to  permanent  organ- 
ization of  the  Convention 4 

Nominated  William  Martin  Gillespie 
as  Secretary  of  the  Convention 5 

Remarks  upon 
Adjournment   in   honor   of   Indepen- 
dence Day 3 

Banking  system '^^1 

Calling  roll  of  the  Convention 1 

Compensation  of  officers  of  Convention      8 
Compensation  of  officers  of  Convention 

for  evening  sessions 274 

Compensation  of  members  of  the  Leg- 
islature     606 

Corporations,  Article  on. .  .170,  203.  206, 
207,  208,  214,  451,  462,  46.3,  497 

Day  of  election 274,  275 

Declaration  of  Rights.  Article  on.  .67,  465 

Education,  Article  on 591.  5!I5 

Election  Ordinaftcc 62:5 1 

Enrollment  of  Constitution 5:;.") 

E.xpenses  of  former  Couvontion.  .271.  :}()0. 

:ioi 

Final  passage  of  bills 144 

Finance  and  State  debt 448 

Filling  vacancies  in  the  Legislature. .    14l^> 

Granted  leave  of  absence 639 

Instructions  to  Jud'eiary  Committee..   243 

Judicial  Department 243,  648 

Legislative  Department.  1 10,  143,  144,  153. 

1.-.4,  274,  275,  277,  279,  307,  308,  314 

Limitation  of  debate 38 


Page. 
Miscellaneous  Provisions,  Article  on, 

610,  611 

Oath  of  office 610 

Oath  of  members  of  the  Convention . .       4 

Oath  prescribed  for  voters.  .245,  246,  270, 

487,  489,  493,  494,  535 

Offices  of  County  officers 611 

Officers  of  Convention  to  be  elected. .  6 
Ordinance  concerning  slavery,  religi- 
ous toleration,  and  the  public  lands  51 
Organization  of  the  Convention.  .4,  5,  6,  8 
Pacific  Railroad. .  .170,  203, "206,  207,  208, 
214.  448,  462,'463  497 

Personal  explanation 300,  301 

Poll  tax 272,  535 

Preamble  and  name  of  State 34 

Qualifications  of  Jurors 153 

Qualifications  of  State  officers 599 

Right  of  Suffrage,  Article  on. .  .245,  246, 
270,  272,  467,  487,  489,  493,  494 

Rules  and  order  of  business 38 

Salaries.  .509,  510,  512,  595,  596,  599;  601, 

606,  648 
Salaries  of  Supreme  Court  Judges,  601,  648 

Salary  of  Secretary  of  State. 599 

Salary  of  State  Controller 599 

Second  reading  of  preamble 40 

Separate  property  of  the  wife 154,  279 

Sole  traders 1-^4 

Special  school  tax -'>!'•"> 

State  University 591 

Stationery  for  the  use  of  the  Conven- 
tion         ^ 

Taxation,  224,  320,  328,  3.30,  333,  335,  336, 

375,  381,  382, 442,  445,  446,  449, 450,  499, 

500,  513,  514,  516,  519 

Term  of  office  of  Senators 140 

Time  of  the  first  session  of  the  Legis- 
lature  ■ 307,308 

Treason,  evidence  of. 67 

Veto  power 314 

Style  of  process ^^6 

Suits  against  the  State,  provision  to  be 

made  for 1^2 

Superintendent  of  Public  Instruction . . .  566, 

567,  568 

Remarks  of 

Mr.  Brosnan 566,  567,  568 

Johnson 566,  567,  568 

Superintendent  of  Public  Instruction,  sal- 
ary of *500 


INDEX  OF  DEBATES. 


919 


Taxation-. 


Page. 

Support  of  local  officers 710 

[See  Local  officers.] 

Supreme  Court. .  .617,  641-644,  648,  649,  650, 

652,  711,  712,  739,  740,  800,  801,  810, 

811,  812 

Remarks  of 

Mr.  Banks.. 641,  642,  649,  713,  740,  810 

Brosnan.  .641,  643,  649,  711,  712.  713, 

740,  800,  801 

Chapin. . .  .644,  648,  739,  740,  811,  812 

Collius 6^1,  810 

DeLong.  .643,  648,  649,  650,  712,  740. 

810 

Dunne 649 

Frizell 740 

Hawley 800,801 

Johnson. .617,  641-644,  649,  652, 711, 

712,  713,  740,  800 

801,  810 

Kinkead 740,  800, 

Mason 740 

McClinton 712,713 

Nourse 801 

Proctor 649,812 

Warwick 644 

Wetherill 644,  650 

Supreme  Court  Justices,  salaries  of. .  .600,  601, 

648 
[See  Salaries  of  Judges.] 

Surveyor  General 160,  248-251 

Remarks  of 

Mr.  Brosnan , 250 

Chapin 248,  249-251 

DeLong 248-251 

Johnson 250,251 

Kennedy 250,  251 

Nourse 248,  249,250 

Proctor 160 

Surveyor  General,  salary  of 600 

T 

TAGLIABUE,  FRANCIS. 

Appointed  on  Committee  on  number 
and  compensation  of  officers  of  the 

Convention 7 

Appointed  on  Committee  on  Schedule  521 
Appointed  on  Committee  on  State  Seal    75 

Credentials  of 3 

Remarks  upon 
Attaching  Roop  County  to   "Washoe 
County  for  certain  purposes 773 


Page. 
Compensation  of  members  of  the  Leg- 
islature     602 

Continuation  of  County  officers 696 

Day  of  election  on  the  Constitution. .   766 

Education,  Article  on 580 

Election  Ordinance 627,  766,  771 

Enrollment  of  the  Constitution 696 

Homestead,  exemption  of 311 

Judicial  Department 803 

Lander  County  officers 749 

Legislative  Department 311 

Limitation  of  taxation  and  appropri- 
ations   765 

Miscellaneous  Provisions,  Article  on.   612 

Offices  of  County  officers 612 

Ordinance  concerning  slavery,  religi- 
ous toleration,  and  the  public  lands  780 

Provisions  for  school  fund 580 

Proxies  for  absent   members  of  the 

Convention 435 

Publication  of  the  Constitution 776 

Salaries,  Article  on 602 

Salaries  of  Judges 803 

Schedule,  Article  on. .  .633,  696,  749,  765, 

773,  812 

Taxation,  Article  on 445 

Terms  of  Senators. .         ....    812 

Taxation  and  appropriations,   limitation 

of 752,  75S.  792,  807,  808,  815-824 


Remarks  of 

Mr.  Banks. . .  .757,  760,  763,  815, 
Brosnan. .764,  793,  807,  815, 
Chapin. . .753-757,  764,  765, 

815,  816, 
Collins.. 763,  764,  792,  793, 

Crosman 764, 

DeLong..753,  754,  759,  760, 

816,  820, 

Dunne  

Frizell 

Gibson  

Hawley 

Johnson. .752,  754-759,  763, 

808,  816- 

Kennedy 752,  757,  765, 

Kinkead 756,  765, 

Lockwood 762, 

Mason 

McClinton 757, 


816,  817 

816,  821 
792,  807, 

817,  819 
819,  822, 

823 

765,  824 
762,  763, 
821,  823 
752,  754 

765 

....  819 
.SIC,  824 

792,  793 

-819,  824 

816,  818 

766,  819 
,  763,  792 
.761,  762 

823,  824 


920 


INDEX  OF  DEBATES. 


Tenure  of  Office. 


Page. 

Mr.  Murdock 757 

Nourse 816,  819,  820,  821,  824 

Proctor 807,  815,  818,  819 

Tagliabue   , 765 

AVarwIck 755,  958-762,  792 

Taxatiox,  Article  on — 

Referred  to  Committee  of  the  Whole,  162 
Considered    in    Committeee    of    the 

Whole 222-230,  318-383 

Considered  in  Convention 383-387, 

405-433,  436-447,  499,  500,  501, 513-521 
Final  revision  of 808 

Remarks  of 

Mr.  Ball 429,  431,  443, 

Banks 222-225,  358,  359,  360,  371, 

383,   385,  386,  410,  417,    420,  422, 

423,  427,  431,  432,  436,   444,  446, 

447,  449,  450,  513,  515,  518,  520 

Belden 333,  417,  425 

Brosnan.  .351,  352,  378,  406,  411,  412, 
415,  416,  428,  433,  436,  437,  438, 514, 

515 

Chapin. .  .228,  229,  339,  340,  342,  349, 

350,   385,  416,  417,  418,  420,  423, 

429,  442 

Collins. .  ..223,  324-327,  341-344,  385, 

409,  410,  417,  418,  422,  429,  444.  515, 

518,519 

Crawford 446,  449, 

Cro.sman.  .228,  336,  353,  354,  384,  386, 
405,  407,  423 

DeLong 222    223,  224,  226,  227, 

319-324,  330,  333-338,  340,  345-350, 

352,   35.3,  367,    371,  373-385,   387, 

405,  406,  408,  409,    410,  412.  415, 

418-421,  423,  426,    428,   429,   431, 

432,  433,  436,  437,  440,   441,  443, 

446,  449,  450,  500,  501 

Dunne...  ..330,  346,  360-363,  418,  419, 

428,  444,  500 

Earl.. 337,  342,  345,364,373,406,416, 

419,   420,  422,   428,  439,   444,   500. 

515,  517,  518 

Fitch. . .  .226,  227,  228,  321,  322,  324, 

333,   345,   348,   363,   369,   375,    381, 

383-386,   409,   417,   420,    422,   423, 

42H,   437,  439,  440,  441,  444,  446, 

447,  501 

Folsom 224,  333 

Frizell 224,  500,  517-520 


Page. 

Mr.  Gibson 381,  407 

Haines.  .  .223,  224,  227,  228,  411,  412, 

413, 416,  422,  423,  428,  429,  449,  500, 

501,  515,  517,  518 

Hawley..  .222,  223,  225,  226,  229,  318, 

336-339,  349,  365,  381,  415,  422,  431, 

442.  443,  444,  520 

Hovey.. . .  223,  347,  349,  406,  441,  444, 

500,  515 

Johnson. .223,  229,  318,  319,  321-324, 

•    329,  332,  340,  342-350,  355,  362,  363, 

366,  372,  376,  377,  380,  381;  382,  384, 

385,  386,  406,  407,  408,  412-420,  422, 

423,  424,  427-431, 436, 437, 441-446, 

449,515,517,518,  520 

Kennedy.  .406,  407,  408,  420-423,  428, 

429,  436,  441,  442,  444 

Kinkead.  .336,  337,  349,  359,  369,  370 

Lockwood 355-359,  431,  443,  445, 

450,  520 

Wason 327,  328,  333,  382,  383 

McClinton 324,  354,  445,  516 

Murdock .  •  367,  368,  369,  424,  425,  426, 

429,  430,  445 

Nourse. .  .224,  226,  227,  228,  329-332, 

334,  335,  336,  338,  339,  340,  353,  359, 

370-374,  378, 379,  382-385,  387,  405, 

406,  417-420,  423,  424,  429,  430,  431, 

433, 437,  438, 439, 441,  442,  443,  445, 

446,447,515,516,518,520,  808 

Parker 420,  444,  450 

Sturtevant,  224,  320, 328,  330,  333,  335, 

336, 375,  381,  382,  442,  445,  446,  449, 

450,  499,  500,  513,  514,  516,  519 

Tagliabue 445 

Tozer...222,  318,  319,  365,  366,  367, 

384,  386,  405,  418,  420,  422,  431,  445, 

449,  450,  500,  501 

Warwick.  .331,  332,  333,  382,  383,  414, 

426,  427,  429,  513,  517 

AVetherill 410,  411,  412 

Taxation  of  Corporations.      [See  Corpo- 
rations.] 
Taxation,  postponement  of. 807 

Remarks  of 

Mr.  Banks 807 

DeLong 807 

Taxation,  special,  for  support  of  schools. 

[See  Special  School  Tax.] 
Tenlke  of  office,  limitation  of 613 


INDEX  OF  DEBATES. 


921 


TOZER. 


Page. 
Remarks  of 

Mr.  Nourse 613 

Warwick. 613 

Term  of  office  of  Governor 157 

[See  Goveraor.] 
Terms  of  Courts,  times  and  places  of  hold- 
ing, 674, 675,  704-707,  721,  722,  723,  748 

Remarks  of 

Mr.  Banks 675,  705,  706,  707,  721 

Brosnan 675,  706,  721 

Chapin 721,  722,  748 

Collins 706,  707 

DeLong 675,  705,  706 

Dunne 704,  748 

Frizell 675,  704,721 

Johnson. .674,  675,  704-707,  721,  722, 

723 

McClinton 704,  722,  723 

Nourse 674 

Parker 706,  722 

Proctor 705,  706 

Warwick 704 

Terms  of  Judges  first  elected,  commence- 
ment of 708 

Remarks  of 

Mr.  Banks 708 

Brosnan 708 

Johnsou 708 

McClinton 708 

Warwick 708 

[See  Judicial  Department.] 
Terms   of    office  of   Assemblymen.     [See 

Assemblymen.] 
Terms  of  office  of  Senators.     [See  Sena- 
tors.] 
Terms  of  office  of  State  officers.  .160,  161,  610, 

611 
[See  State  Officers.] 
Territorial  Courts  and  Judges,  continu- 
ance of 678,  739 

Territorial  debts  and  liabilities,  asump- 

tion  of  by  the  State 638,  750 

Remarks  of 

Mr.  Collins 750 

DeLong 750 

Gibson 750 

Johnson 750 

Kinkead 750 


Page. 
Terkitoiual  laws,  etc.,  continuance  of. .. .   631 

Territorial  officers,  continuance  of. 704 

Thanks  to   President   of  the  Convention, 

resolution  of 827,  828 

Remarks  of 

Mr.  Hawley 828 

Tha>;ks  to  the  officers  and  attaches  of  the 

Convention,  resolution  of 828 

Remarks  of 

Mr.  Banks ,...   828 

DeLong 828 

Kinkead 828 

Three-fourths  verdict,  in  civil  cases.  [See 

Verdict.] 
Time  of  daily  sessions  of  the  Convention. 
[See  Daily  Sessions  ;  also  Evening 
Sessions.] 
Time  of  maintaining  district  schools.   [See 

District  Schools.] 
Toleration.     [See  Religious  Toleration.] 
Toll  roads,  etc.    [See  special  legislation.] 
Township  governments  to  be  established.   152 
TOZER,  CHARLES  W. 

Appointed  on  Committee  on  Engross- 
ment      74 

Appointed  on  Committee  on  number 
and  compensation  of  officers  of  the 

Convention 7 

Credentials  of 3 

Elected  Secretary  ^ro  tern,  of  the  Con- 
vention         1 

Granted  leave  of  absence 447,  539 

Made  reports  from  Committee  on  En- 
grossment  172,  230,  448,  449 

Moved  appointment  of  Committee  on 

Engrossment 74 

Moved  that  B.  S.  Mason  be  sworu  in 

as  a  delegate 37 

Offered  resolution  authorizing  enroll- 
ing and  engrossing  committees  to 
appoint  clerks 78 

Remarks  upon 
Adjournment  in  honor  of   Indepen- 
dence Day 3 

Adjournment  sine  die 11,  12,  13 

Banking  system 458 

Basis  of  the  Constitution 18 

Corporations,  Article  on 399,  403,  404 

County  Auditors 279 


922 


INDEX  OF  DEBATES. 


Verdict. 


TOZER,  CHARLES  W. 

Bemarks  upon. 
Declaration  of  Rights.  Article  on.  .69,  198 

Disfranchisement  of  rebels 91,  95 

Engrossment 74,  78,  79 

Evening  sessions 70,  77,  127.  128 

Finance  and  State  debt 448 

Grand  Jury  system 198 

Granting  leave  of  absence 128 

Homestead  exemption.  .283,  284,  288,  289 

Increasing  Judiciary  Committee 174 

Legislative  Department. . .  .279,  283,  284, 

288,  289 

Limitation  of  debate 37 

Memorializing  Congress  relative  to  the 

Judiciary  system 173 

Oath  prescribed  for  voters 245,  254 

Organization  of  the  Convention 4 

Pacific  Railroad.    .293,  300,  399,  403,  404, 
448,  461,  462 

Personal  explanation 454 

Phraseology  and  arrangement 230 

Poll  tax 272 

Preamble  and  name  of  State 34 

Resolution   adopting  Constitution  of 

the  United  States 51 

Right  of  Suttrage,  Article  on.  .94,  95,  245, 

254,  272 

Rules  and  order  of  business 37,  76,  77, 

127,  128 

Salaries,  Article  on 513,  521 

Ta.xation,  Article  on. ,  .222,  318,  319,  365, 

306,  367,  384,  386,  405, 418,  420, 422,  431, 

445,  449,  450,  513 

Treason,  evidence  of. 69 

Tk.vnsfer  of  cases  from  Probate  Courts.. .  741 

TnAXSFER  of  fines,  etc 631 

Transfer  of  records,  actions,  legal  pro- 

ceeding.a,  criminal  prosecutions,  etc.  631 
Treason',  evidence  of,  required,  67-70,  194-196 

Remarks  of 

Mr.  Brosnan 67 

DeLong 67-70,  195,  196 

Dunne 194 

Fitch 67,  08,  69,  195,  190 

Nourse 69,  195,  196 

Parker 195 

Sturtevant 67 

Tozcr 09 

Warwick 09 


Teeascrer,  salary  of . 
Treascrv,  funds  of. . . 


000 
008 


Eemarks  of 

Mr.  Hawley 008 

Johnson 608 

TRi.iL  by  jury.     [See  jury  ;  also  verdict.] 
Truth,  may  be  given  in  evidence  in  cases 

of  libel 63 

u 

United  States  Constitution,  preamble  and 

resolution  adopting 6 

[See  Constitution.] 

United  States  Senators,  election  of 156 

University.     [Sec  State  University.] 


V 

Vacancies  in  office 158,  702,  703,  705, 

Remarks  of 

Mr.  Banks 158,  702,  703, 

Brosnan 702,703 

Dunne 

Frizell 

Hawley 

Johnson 158,  702,  703 

Kennedy , . . 

McClinton 

Nourse 

Proctor 702, 

Vacancies  in  the  Legislature 1  (2 

Remarks  of 

Mr.  Johnson 

Sturtevant, 

Veeder,  Rev.  ^Ir.,  officiated  as  Chaplain. . 
Ventilating  of  hall  of  Convention 


710 


705 
710 
158 
158 
703 

,  705 
702 
703 
158 
703 

,143 


143 
143 
038 
174 


Mr. 


Remarks  of 

Mr.  Fitch 174 

Warwick 174 

Verdict  of  juries  in  civil  cases. . .  .53,  199,  20C 

Remarks  of 

Banks 53,  57 

Brosnan 56,  57 

Chapin 53,50 

Collins 59 

DeLong 53-56,  58 

Dunne 199,  200 

Earl 55,58 

Fitch 53,   54,56,57 


INDEX  OF  DEBATES. 


923 


"Waewick. 


Mr.  Hawley 53,  54,  57 

Johnson 54,  58 

Nourse 56,  58 

Warwick 55,  57 

[See  Jury,  trial  by.] 
Veto  power  of  Governor. .  .157,  312,  313,  314, 

796,  797 
Remarks  of 

Mr.  Banlvs 313,797 

Brosnan 797 

DeLong 797 

Dunne 313,  314 

Havrley 313,  314 

Hovey 314 

Johnson 157,  313,  314 

Kinliead 796,  797 

McClinton 313 

Nourse 312 

Proctor 312,  313,  314,  797 

Sturtevant 314 

Vote  of  soldiers.    [See  Soldiers'  Vote.] 
Voters,  oath  prescribed  for.  .243-246,  253-271, 

478-494 

Remarks  of 

Mr.  Banks. . .  .246,  254,  257,  268,  270,  487, 

489,  490,  492,  493 

Brosnau.  ..263,  264,  268,  479,  480,  492 

Chapin. .  ..244,  245,  246,  253,  482,  487 

Collins. , 244,  255,  263 

Crosman 245,  489 

DeLong...... 244,  264  269,  478-481, 

483-486,  488,  489,  490,  492,  494 
Dunne. .  .245,  253-256,  261,  266,  268, 

269,  270,  484,  485,  492,  493,  494 

Earl 481,488 

Fitch 244,  245,  246,  254,  267,268 

Frizell..244,  257,  258,  259,261,490, 
491,492 

Haines 262,  483,  484,  491 

Hawley. .  .244,  246,  265,  492,  49.3,  494 

Hovey 245,  256,  270,  273 

Johnson.  .244,  254,  260,  261,  268,  270, 
478-481,  486,  488,  489,  492 

Kennedy 245,  246,  253,  268,  490 

Kinkead 491 

Lockwood 269,  270,  490 

Mason 255,  256,  259 

McCliatou....254,  259,  262,  269,  484, 

489,  494 

Murdock 268 


Page. 

Mr.  Nourse 245,  267 

Proctor 486,  487,  494 

Sturtevant. . .  .245,  246,  270,  487,  489, 
49.3,  494 

Tozer 245,  254 

Warwick.  .246,  254, 258, 266,  267,  270, 
479,  481,  482,  483,  485,  494 

Wetherill 490 

Voters'  oath,  report  of  Special  Committee 

upon 268 

Voters,  qualifications  of 70-73,  785 

Voters,  qualifications  of,  upon  the  Consti- 
tution.    [See  Constitution.] 
Voters,  registration  of.  [See  Registry  Law.] 
Voters,  residence  of. 70-73,  107,  108,  785 

Remarks  of 

Mr.  Banks 70,  71,  108,  785 

Brosnan 73 

Collins 71,  785 

Crawford 108 

Crosman 108 

DeLong 70,  71,  72,  108 

Earl 73 

Fitch 72,73 

Frizell 71,  107,  108 

Hawley 108 

Johnson , 108 

Lockwood ...   108 

Nourse 71,  72,  73 

Warwick 73 

Voting,  payment  of  poll  tax  may  be  re- 
quired   as    condition   to   right    of, 

111-122 
[See  Poll  Tax.] 

WARWICK,  JAMES  H. 

Appeared  and  sworn  in  as  a  delegate,    41 
Appointed  on  Committee  on  the  Ju- 
diciary  

Appointed  on  Committee  on  Schedule,  447 
Appointed   on   Committee    on    State 

Seal 

Appointed  on  Special  Committee  to 
amend  Article  on  Miscellaneous  Pro- 
visions in  relation  to  dueling 

Credentials  of 

Granted  leave  of  absence, 772, 

Moved  to  invite  Hon.  Leland  Stanford 
to  address  the  Convention  in  regard 
to  the  Pacific  Railroad 290 


75 


669 

3 

799 


924 


INDEX  OF  DEBATES. 


Warwick. 


Page. 


WARWICK.  JAMES  H. 

Moved  to  lake  measures  for  promot- 
ia-^  ventilation  of  hall  of  Conven- 


tion 


174 


Offered  resolution  relative  to  Jeffer- 
son's Manual '^ 

Offered  resolution  relative  to  casting 
votes  of  absent  members  of  the  Con- 
vention by  proxy 433 

Eemarks  upon 
Adjournment  of  the  Legislature  from 

time  to  time ^■*-' 

Amendments  of  the  Constitution 526 

Apportionment  of  representation,  G35,  636 

Banking  system 163,  165 

Boundary 525,526 

Compensation  of  officers  of  the  Con- 
vention for  evening  sessions 273 

Compensation  of  members  of  the  Leg- 
islature  155,  156,  603-606 

Compulsory  attendance  on  the  public 

schools 571,572 

Continuance  of  County  officers 709 

Corporations,  Article  on 163,  165,  167, 

178-180,  214,  215,  217,  218,  268,  392,  393, 

399,  401,  405. 460,  461, 462,  464,  472,  473, 

474,  476,  477,  495,  496,  497 

Courts  in  Storey  County 655 

Day  of  election 275 

Day  of  election  on  the  Constitution, 

766,  767 
Declaration  of  Rights,  Article  on.  .49,  50, 
55,  57,  67,  69,  778,  782,  783,  784 
Debates  and  proceedings  of  Conven- 
tion, publication  of. 746 

Disfranchisement  of  rebels.  .80,  81,  84,  95, 

96,  104 

District  Courts  and  Judges 658 

Dueling l"-!,  107,667,  778 

Education.  Article  on.  .447.  568,  569,  571, 
572,  577,  581,  582,  591,  593,  594 

Election  Ordinance 623,  766,  767  I 

Engrossment ' " 

Evening  sessions ' ' 

Final  passage  of  bills 144 

Finance  and  State  debt 221 

Granting  leave  of  absence.  .128,  583,  638, 

799 

Homestead,  exemption  of 281,  282,  283 

Impeachment  and  Removal  from  office, 

546,556,  557 


Page. 

Instructions  to  the  Judiciary  Commit- 
tee     241 

Judicial  Department. .  .241,  644,655,  675 

Justices'  Courts 675 

Lander  County  officers.  .705,  709,  747-751 

Legislative  Department,  140,  142,  144, 155, 

156,  275,  277,  281,  282,  283 

Limitation  of  debate 584 

Limitation  of  taxation  and  appropri- 
ations  755,  758-762,  792 

Miscellaneous  Provisions,  Article  on, 

608,  609,  612-615,  667 

Municipal  indebtedness 165 

Oath  of  office 104,  107,  667 

Oath  prescribed  for  voters. . .  246,  254,  258, 
266, 267,  270,  479,  481,  482,  483,  485,  494 

Offices  of  County  officers 612 

Official  designation  of  the  State  Con- 
troller  ;   <514 

Ordinance  concerning  slavery,  religi- 
ous toleration,  and  the  public  lands,  780 
Pacific  Railroad.  .  .167,  168,  178-180,  214, 
215,  217,  218,  268,  290,  292,  392, 393,  399, 
401,  405,  460,  461,  462,  464,  473,  474,  476, 
477,  495,  496,  497 

Personal  explanation 485 

Poll  tax 786 

Prohibition  of  slavery 67,  783 

Proxies  of  absent  members  of  the  Con- 
vention  433,434,  435 

Publication  of  the  Constitution 775 

Qualifications  of  State  officers 598 

Qualifications  of  voters  upon  the  Con- 

stitution ^'^' 

Residence  of  voters '3 

Right  of  defending  in  person 682 

Right  of  Suffrage,  Article  on.  .73,  80,  81, 
84,  95,  96,  104,  107,  137,  246,  254,  258, 
259, 266,  267,  467,  419,  481,  482,  483,  485, 

494,  786 
Rules  and  order  of  business. .  .75,  77,  584 
Salaries..  .522,  523,  524,  598,  599,  603-606, 

615 

Salary  of  Secretary  of  State 598,  599 

Schedule.  .632.  635,  636,  704,  705,  708,  709, 
747-751,755,758-762 

Seat  of  government 608,  609 

Sectarian  instruction   in    the    public 

schools ^68,  569 

Seizures  and  searches 783,  784 

Slander  and  libel '^'^^ 


INDEX   OF   DEBATES. 


925 


Yeas  and  Nays. 


WARWICK,  JAMES  H. 

Remarks  upon 

Sole  traders 277 

Special  school  tax 591,  593,  594 

State  scrip 221,  222 

State  University 581,  582 

Supreme  Court 644 

Taxation,  Article  on. .  .331,  332,  338,  382, 
883,  414,  426,  427,  429,  513,  517 

Tenure  of  oiBce 613 

Terms  of  Courts 704 

Terms  of  Judges 708 

Terms  of  State  Senators 140 

Transfer  of  criminal  prosecutions. . . .   632 

Treason 69 

Trial  by  jury 55,  57 

Ventilation  of  the  the  hall  of  the  Con- 
vention      174 

Washoe,  proposition   to   change  name  of 

State  to 33-35 

[See  preamble  and  name  of  State.] 
Water,    cities  and   towns  may  contract 

debts  for  supplies  of 165 

[See  municipal  indebtedness.] 
WELLINGTON,  D. 

Credentials  of 4 

Explanation  relative  to  absence  of.. . .   172 
(Did  not  attend  the  Convention.) 
WETHERILL,  WILLIAM. 

Appeared  and  sworn  as  a  delegate ...       7 
Appointed  on   Committee  on  Sched- 
ule      447 

Appointed    on    Committee   on   State 

Seal 75 

Credentials  of. 4 

Remarks  upon 
Additional   compensation    of   officers 

and  attaches  of  the  Convention.. . .   805 
Apportionment  of  representation. .. .  637 
Compensation  of  members  of  the  Leg- 
islature  603,  604,  606 

Court  fees 678,  735,  737 

Election  Ordinance 629 

Granting  leave  of  absence 742 

Impeachment  and  Removal  from  office.  553 

Judicial  Department. .  .620,  621,  644,  650, 

678,  687-690,  726,  735,  737 

Justices'  Courts 687-690,  726 

Legislative  Department 154 

Oath  prescribed  for  voters 490 


Postponement  of  Article  on  Judicial 

Department C20    621 

Qualilications  of  State  officers 599 

Right  of  Suffrage,  Article  on 490 

Salaries 599,  603,  604,  606 

Salary  of  Secretary  of  State 599 

Schedule 037 

Sole  traders 154 

State  seal ggg 

Supreme  Court 644,  650 

Taxation 410,  411,  412 

White,   Rev.  A.  F.,    opened   Convention 

with  prayer 2 

Officiated  as  Chaplain ;',,  126 

Whitford,  Andrew,  elected  Assistant  Sec- 
retary of  the  Convention 9 

[See  Secretary,  Assistant.] 
Wife,  separate  property  of.    [See  separate 
property.] 

WILLIAMS,  R.  H. 

Credentials  of 3 

[Did  not  attend  the  Convention.] 
Witnesses  not  to  be  unreasonably  detained,    59 
Wright,  S.  C,    Probate  Judge,   adminis- 
tered oath  of  office  to  members  and 
officers  of  the  Convention. .  .4,  7,  9.  37, 

41,  110 

Y 

Yeas  and  nays,  on 

Adjournment  of  the  Convention.  .431,433, 

779 

Adjournment  sine  die 12,  13 

Adjournment  sine  die,  laying  on  the 
table,  motion  to  take  up  resolution 

for 274 

Amendments  to  Constitution,  fiual  pas- 
sage of  Article  on 540 

Appeal  from  decision  of  the  Chair  by 

Mr.  DeLong 437 

Boundary,  final  passage  of  Article  on,  540 
Chaplains,  proposition  to  increase  per 

diem  of 806 

Constitution,  final  adoption  of 827 

Corporations,    municipal   and    other, 

final  passage  of  Article  on  449 

[See  yeas  and  nays  on  Pacific  Railroad.] 
Declaration  of  Rights,  motion  to  re- 
commit Article  on  for  amendment 
relative  to  evidence  of  treason ....   196 


926 


INDEX  OF  DEBATES. 


Yeas  axd  Nays. 


Page. 
Yeas  and  nays  on — 

Declaration  of  Rights,  final  passage  of 
Article  ou 202 

Distribution  of  powers,  final  passage 
of  Article  on 247 

Education,  final  passage  of  Article  on,  662 

EU'Ctiou  Ordinance,  final  passage  of. .  773 

Executive  Department,  final  passage 
of  Article  on 251 

Finance  and  State  debt,  final  passage 
of  Article  on 499 

Impeachment  and  Removal  from  office, 
amending  Section  2  of  Article  ou  . .   564 

Impeachment  and  Removal,  amending 
Section  4  of  Article  on,  on  motion 
of  Mr.  Nourse 564 

Impeachment  and  Removal,  restoring 
section  in  Article  ou,  relative  to  re- 
moval of  Judges  by  the  Legislature  564 

Impeachment  and  Removal,  engross- 
ment and  third  reading  of  Article  ou  565 

Impeachment  and  Removal  from  office, 
final  passage  of  Article  on 640 

Judicial  Department,  amending  Sec- 
tion 16  of  Article  on,  relative  to 
Court  fees '39 

Judicial  Department,  final  passage  of 
Article  on 740 

Legislative  Department,  amendment 
of  Article  on,  by  strilcing  out  section 
relative  to  sole  traders 278 

Legislative  Department,  amendment 
of,  in  rej^^ard  to  prohi1)ition  of  cer- 
tain special  legislation 280 

Legislative  Department,  final  passage 
of  Article  on 316 

Militia,  final  passage  of  Article  on. . .  539 

Miscellaneous  Provisions,  amendment 
to  Section  3  of  Article  on,  relative 
to  dueling 669 

Miscellaneous  Provisions,  final  pas- 
sage of  Article  on 67  3 

Ordinance  concerning  slavery,  relig- 
ious toh.TatitMi,  and  tlie  i,u')lic  lands, 
final  passage  of. 193 

Pacific  Railroad,  striking  out  from  Ar- 
ticle on  Corport^tions  provision  au- 
thorizing State  aid  to 404 

Pacific  Railroad,  inserting  proviso  of- 
fered by  Mr.  Pitch  relative  to  pay- 
ment of  interest  ou  bonds  of. 405 


Page. 

Pacific  Railroad,  amendment  to  clause 
concerning,  in  Article  on  Corpora- 
tions, proposed  i)y  Mr.  Kinkead. .     497 

Pacific  Railroad,  amendment  to  clause 
concerning  in  Article  on  Corpora- 
tions, proposed  by  Mr.  Crosman. . . .   498 

Preamble  of  Constitution,  final  pas- 
sage  of 193 

Public  Institutions,  final  passage  of 
Article  on 539 

Right  of  Suffrage,  final  passage  of 
Article  on ' , . .  273,  494 

Right  of  Suffrage,  reconsidering  final 
passage  of  Article  on 467 

Right  of  SuHVage,  postponing  report 
to  amend  Article  on,  relative  to 
voters'  oath,  etc 490 

Right  of  Suffrage,  amending  Article 
on,  relative  to  oath  prescribed  for 
voters 492 

Right  of  Sufirage,  adopting  report 
amending  Article  on 493 

Salaries,  amending  Article  ou,  by  in- 
creasing per  diem  of  members  of 
the  Legi.slature 608 

Schedule,  amending  Article  on,  by  re- 
commitment, adding  a  s(  ction  limit- 
ing tax.viion  and  appropriations. . .   765 

Schedule,  final  passage  of  Article  on.   766 

Schedule,  adopting  additional  section 
of  Article  on,  prescribing  salaries 
of  Judges 814 

Schedule,  motion  of  Mr.  Proctor  to 
strike  out  proviso  in  Section  24  of 
Article  ou,  relative  to  a  special  tax 
for  the  Territorial  debt 816 

Schedule,  motion  of  Mr.  Proctor  to 
strike  out  Section  24  of  Article  on, 
limiting  ta.xation  and  appropriations  824 

Taxation,  amending  Article  on  by 
striking  out  the  words  "  including 
mines  and  mining  property,'' 406 

Taxation,  amending  Article  on  by  sub- 
stituting the  words  ••  real,  personal, 
and  mixed.' 41G 

Taxation,  amending  Article  on  by  a 
substitute  proposed  by  Mr.  Chapin.  420 

Taxation,  amending  Article  on  by  sub- 
stitutes proposed  Ijy  Mr. Nourse. 429,  442, 

444 

Taxation,  amending  Article  on  by  a 
substitute  proposed  by  Mr.  Murdock,  443 


INDEX  OF  DEBATES. 


927 


Yeas  and  Nays. 


Yeas  and  Nays  on — 

Taxation,  amending  Article  on  by  a 
substitute  proposed  by  Mr.  Ken- 
nedy     446 

Taxation,  ordering  main  question  on 
Article  on 443 

Taxation,  agreeing  to  report  upon  Ar- 
ticle on  as  amended 440 

Taxation,  motion  to  recommit  Article 
on  for  amendment  by  substituting 
the  word  "  bullion  " 520 

Taxation,  motion  to  recommit  Article 
on  for  amendment  by  inserting  the 
word  "  gross  " 520 

Taxation,  final  passage  of  Article  on.  521 
Yeas  and  nays,  must  be  taken  in  Legisla- 
ture, if  demanded  by  three  members  142 
Yeas  and  nays,  must  be  taken  upon  final 
passage  of  bills.     [See  Bills.] 


Page. 
Yeas  and  nays,  must  be  recorded  upon 
amendments    of   the    Constitution. 
[See  Amendments,  Article  on.] 
Yeas  and  nays,  must  be  recorded   upon 
passage  of  bills  vetoed  by  Governor. 
[See  Veto.] 
"Yeas  and  nays,"  substitution  of  for  "  ayes 

and  noes" 789,  79G 

Remarks  of 

Mr.  Banks 796 

Brosnan 796 

Collins 796 

DeLong 789,  796 

Johnson 796 

Lockvvood 796 

Kinkead 789,  796 

Murdock 796 


INDEX  OF  CONSTITUTION. 


Page. 
Absence  from  State  of  Judicial  officers,  pen- 
alty for 843 

Absent  members  of  Legislature,  attendance 

of  may  be  compelled 837 

Action,  civil,  to  be  but  one  form  of 843 

Action,  law  and  equity  may  be  administer- 
ed in  the  same 843 

Actions,  continuance  of 849 

Actions  for  libel.    [See  Libel.] 

Additional  indebtedness  of  State, 850 

Adjournment  of  Legislature  by  Governor. 840 

From  day  to  day 837 

From  time  to  time  and  from  one  place 

to  another 837 

Administrators,  public  to  be  elected 838 

Adoption   of   Constitution   of  the   United 

States ; 833 

Adoption  or  rejection  of  Constitution,  elec- 
tion upon  by  people. 
[See  Election  Ordinance.] 

Affirmation,  provision  for 847 

Agriculture,  college  for  benefit  of,  separ- 
ate fund  for 846 

Departmeat  of  iu  State  University.. .  .846 
Improvements  in  to  be  encouraged.. .  .845 
Aid  of  State  to  corporations,  etc.,  prohib- 
ited  844 

[See  Corporations.] 
Amendments  to  Constitution,  Article  on. .  .848 

How  voted  upon 848 

May  be  proposed  in  either  branch  of  the 

Legislature 848 

To  be  submitted  to  the  people 848 

Yeas  and  nays  to  be  taken  on  in  each 

House 848 

Annual  Tax  to  be  levied 844 

A  33 


Appellate  Jurisdiction  of  Supreme  Court. 841 

Of  District  Courts 842 

Appointments  of  officers  not  otherwise  pro- 
vided for 848 

Appointments,  to  fill  vacancies  in  ofiBce,  837, 

840,  851.  852 

Apportionment  of  school  fund 845 

Apportionment  of  Senators  and  Assembly- 
men  849,  850 

To  be  based  upon  population 848 

Appropriations  for  Capitol   buildings  re- 
stricted   847 

No  money  to  be  drawn  but  in  conse- 
quence of. 837 

To  be  made  for  payment  of  Si.ite  In- 
debtedness  845 

Archives  of  Territory  transferred  to  Slate,  849 

Arms,  public,  safe  keeping  of. 846 

Army,  appropriations  for  in  time  of  war 

limited 834 

Standing,  not  to  be  maintained  in  time 

of  peace 834 

United  States,  votes  of  soldiers  in. 
[See  Soldiers'  Vote.] 
Arrest,  electors   exempt  from  on  day  of 

general  election 835 

Members  ofLegi.slature  privileged  from, 837 
Assembly,  sole  power  of  impeaching  of. .  .843 

[See  Legislature.] 
Assemblymen,  apportionment  of. .848,  849,  850 

Compcn.sation  of 849 

Disqualification  of  for  offices  of  profit.  .836 
Prohibited  receiving  fees  and  perquis- 
ites  849 

Qualifications  of 836 

Terms  of  office  of 8*6,  850 


930 


INDEX  OF  CONSTITUTION. 


Civil  Cases. 


Page. 

Wheu  chosen 8^*^ 

Assessment  of  property.    [See  Taxation.] 
Powers   of   by  cities  and    towns    re- 
stricted  S-i^ 

Associations.    [See  Corporations.] 
Assumption  of   debts  of   counties,  towns, 

cities,  etc ^45 

Of  Territorial  debts  and  liabilities.  .  .849, 

850,  852 

Attainder,  bill  of 835 

Attendance  of  absent  members  of  Legisla- 
ture may  be  compelled 837 

On  public  schools  to  be  secured  by  leg- 
islation  845 

Attorney  General,  election  of. 840,  841 

First  elected,  when  to  enter  upon  ofQce,  851 
Prohibited  receiving  fees  and  perquis- 
ites  849 

Salary  of 849 

Terms  of  ofiBce  of 841,  851 

To  be  member  of  Board  of  Examiners,  841 
To  be  member  of  Board  of  State  Prison 

Commissioners 841 

To  be  member  of  Pardoning  Board. .  .840 

To  perform  other  duties 841 

Attorneys.    [See  District  Attorneys.] 
Auditor,  Territorial,  continuance  of  as  State 

Controller 851 

Auditors.    [See  County  Auditors.] 

B-UL,  excessive  not  to  be  required 834 

Baha-Rle,  all  persons  to  be  unless  for  capi- 
tal offenses 834 

Ballot,  elections  by  people  to  be  by 835 

Bank  Notes,  circulation  of  as  money  pro- 
hibited   844 

Basis  of  Representation 848 

Benevolent  I.vstitutions  to  be  fostered. .  .846 

Biennial  sessions  of  Legislature 83G,  850 

Bills,  may  originate  in  either  house 837 

May  lie  amended  in  either  house 837 

Readings  of 837 

Final  passage  of 837 

By  whom  signed 837 

No  law  to  be  enacted,  except  by 838 

Veto  of,  by  Governor 839 

[See  Laws.] 
Blind,  institutions  for  benefit  of  to  be  fos- 
tered  84G 

Board  of  Canvassers 853 

Of  Examiners 841 


Page. 

Of  Regents 846 

Of  State  Prison  Commissioners 841 

Bonds,  ofiBcial,  of  Controller  and  Treasurer 

first  elected 851 

Of  State,  School  Fund  to  be  invested 

in 846 

Of  State,  may  be  sued  on 849 

Of  United  States,  School  Fund  to  be 

invested  in 846 

Territorial,  continuance  of 849 

Boundary,  Article  on '. 847 

Of  State  defined 847 

Provisions  for  extending 847 

Bribery,  disqualification  of  for  office .  .  836,  837 

Disqualification  of  jurors  for 838 

Influence   of  on  elections   to   be   pre- 
vented  838 

Punishment  for 837 

Canvass  of  election  returns.    [See  Election 
Returns.] 

Canvassers,  Board  of. 853 

Capital  Offenses,  persons  not  bailable  for,  834 
Not  to  be  tried  for  except  on  indict- 
ment, etc 834 

Capitol  Buildings,  restriction  of  appropri- 
ation for 847 

Carson  City,  made  seat  of  government.. .  .847 

Cases  in  Probate  Courts,  transfer  of. 852 

Census,  State,  may  be  taken 848 

Certificates  of  Election 853 

Charitable  Corporations,  aid  of  State  to 

not  prohibited 844 

Property  of,  may  be  exempted  from  tax- 
ation   844 

Chief  Ju.stice,  how  selected 841 

Liable  to  removal  by  Legislature. . .    .844 

When  to  preside  over  Senate 843 

[See  Supreme  Court.] 

Cities,  debts  of.  State  not  to  assume 845 

Organization  of. 844 

Not  to  aid  corporations,  etc 844 

Not  restricted  as  to  supplies  of  water.  .844 

Restriction  of  powers  of 844 

Support  of  officers  of 851 

Citizens,    of   United  States,    taxation    of 

lands  of 833 

Paramount  allegiance  of. 834 

City  Recorders,  may  receive  fees 843 

Civil  Cases,  jury  trial  may  be  waived  in..  .834 
Three-fourths  verdict  in 834 


INDEX  OF  CONSTITUTION. 


931 


Corporations. 


Page. 

Civil  Okfice,  disqualifications  for 8311 

Civil  Officers,  removal  of. S4i 

Civil  Process,  members  of  Legislature  priv- 
ileged from  arrest  upon 837 

Voters  wbeu  exempt  from  arrest  upon,  835 

Claims,  continuance  of 849 

Against  State  to  be  passed  upon  by 

Board  of  Examiners 841 

Of  Territory  transferred  to  State 849 

Clerk  of  Assembly,  duty  of  to  sign  bills.  .837 

Of  Supreme  Court,  election  of. 838 

Office  of  to  be  at  seat  of  govern- 
ment  848 

Term  of  office  of. 831 

When  to  enter  upon  duties 851 

Clerks,  County,  election  of 838 

Duties  of  ex-officio 838 

Of  Boards  of  County  Commissioners.  .838 
College,  for  benefit  of   agriculture,  etc., 

separate  fund  for 84G 

Commencement  of  fiscal  year 844 

Commissioneus,  County 838 

Of  deeds,  not  deemed  as  holding  lucra- 
tive office 836 

Co.MMissioNS,    form  of,    to    be   signed    and 

sealed 840 

Of  officers  and  judgss  first  elected 851 

Common  Schools,  oath  of  teachers  in 84G 

Penalty  for  neglect,  etc., 845 

Sectarian  instruction  in  prohibited,  845,  846 

Special  tax  for 846 

Time  of  maintaining  in  each  district.  .845 

Uniform  system  to  be  established 845 

[See  Schools.] 
Companies.     [See  Corporations.] 
Compensation,  for  private  property  taken 

for  puplic  use 834 

For  right  of  way  of  corporations 844 

Increase  or  diminution  of . . . .  838,  843,  848 
Of  Judges  of  Supreme  Court  and  Dis- 
trict Judges 843 

How  paid 843 

Revenue  to  be  set  apart  for 843 

Not  to  be  increased  or  diminished,  843 
Special  court  fee  set  apart  for. .     843 

Of  Lieutenant  Governor 838 

Of  members  of  the  Legislature. .  .838,  849 

Not  to  be  increased  during  term.  .838 

Of  Official  Reporter  of  Convention. . .  .852 

Of  officers,  etc.,  of  Legislature 838 

Not  to  be  increased  or  diminished,  838 


Pago. 

Of  Speaker  of  Assembly 838 

[See  Salaries.] 
Confederate  St.vtes,  so-called,  disqualifi- 
cation of  persons  in  service  of 

for  voting 835 

Conscience,  liberty  of  secured 834 

Constitutional  Convention,  debates  of  to 

be  published 852 

Constitution  of  the   United  States,  adop- 
tion of 833 

Power  conferred  by  on  Federal  Gov- 
ernment  834 

State,  as  adopted 833-855 

Mode  of  amending 848 

Revision  of 848 

Submission  of  to  people.     [See  Elec- 
tion Ordinance.] 
Co.ntempt,  either  House  of  Legislature  may 

punish  for 836 

Contingent  expenses  of  Legislature 838 

Continuance  of  Contracts 849 

Of  county  officers 850 

Of  franchises,  etc 844 

Of  rights,  actions,  prosecutions,  etc. .  .849 

Of  territorial  officers 851 

Of  territorial  laws 844,  849 

Contracts,   obligation   of   not   to   be    im- 
paired   835 

Of  indebtedness  of  State,  when  void,  845 

Continuance  of 849 

Controller,  State,  election,  term,  and  elig- 
ibility of 840,  841 

First  elected,  official  bond  of 851 

When  to  enter  upon  duties 851 

Office  of  to  be  kejit  at  seat  of  govern- 
ment  84S 

Salary  of. 849; 

Prohibited  receiving  fees,  etc 84ft 

Convention,   to   revise    Constitution,   how 

called 84i3 

How  constituted 848 

Number  of  members  of 848- 

Conviction  of  treason,  evidence   required 

for 835. 

CoKi'OUATE  Powers,  special  legislation  con- 

cevning  prohibited 844 

Corporations,  aid  of  State  to,  prohibited.  .844 

Created  by  Territory 844 

Dues  from,  how  secured 844 

May  sue  and  be  sued 844 

Municipal  and  other,  Article  ou. 844 


932 


INDEX  OF  CONSTITUTION. 


District  Judges. 


Page. 

Property  o"".  bow  tax  d 814 

Railroad,  counties,  c  tics,  etc.,  allowed 

to  take  stoclv  in S-14 

Right  of  way  of. 844 

Stock  in.  not  to  be  takea  by  counties, 

etc 844 

To  be  formed  under  general  laws 844 

What  may  be  exempted  from  taxation. 8 14 

CoRPOKATOUs  not  individually  lial)le 844 

CoDNSEL,  right  of  defending  with 83i 

CoDXTiES,  apportionment  of  representation 

of,  iu  Legislature ; . .  849,  850 

Debts  of,  not  to  be  assumed  by  State.  .845 

Not  to  aid  corporations,  etc 844 

Support  of  officers  of 851 

Terms  of  District  Courts  in 851 

To  provide  for  paupers,  etc 846,  8  47 

CocxTY  and  township  governments  to  be 

established 838 

Auditors,  election  of 838 

Clerks,  election  of. 838 

Commi.«sioners,  election  of. 838 

Clerks  of  Boards  of 838 

Dutics^f 838 

Olficers,  of  Lander  County 850 

OflTicers,  offices  of,  where  held 847 

Officers,  Territorial,  continuance  of.. .  .850 
Of  Roop,  attach-?d  to  Washoe  for  cer- 
tain purposes 842,  852 

Recorders,  election  of. 838 

Surveyors,  election  of. 838 

Court  Fei;,  or  tax.  special 843 

Courts,  appeals  from 841 ,  842,  843 

Jurisdiction  of 841,  842,  843 

Euu'.neration  of 841 

Municipal 843 

Of  Ricord 843 

Clerks  of 838 

Terms  of 85 1 

Territorial,  organization  of,  not  to  be 

changed 843 

Transfer  of  books,  papers,  and  rec- 
ords of 849 

Credit,  power  of  cities  and  towns  to  loan 

restricted 844 

State  not  to  loan  to  corporations    . .    .K44 

Crime.s,  capital  or  infamou.s.  when  tried 834 

Disqualification  of  jurors  for 838 

Criminal  Puosecutioxs  transferred  to  State,  839 

Currency,  paper  money  prohibited  as 844 

Federal,  may  be  circulated 844 


Page. 
Deb.^tes  and  Proceedings  of  Convention, 

publication  of,  etc 852 

Debt,  exemption  of  property  from  execution 

for 835 

Impi'isonment  for.  prohibited 835 

Of  counties,  cities,  etc.,  assumption  of, 

by  State 845 

Of  State,  beyond  limitation,  to  be  void,  845 
Each  to  be  for  a  specific  purpose.  .845 

Limitation  of. 844,  845,  850 

Special  tax  for  paymeat  of  princi- 
pal and  interest  of. -. 845 

Of  Territory  transferred  to  and  assum- 
ed by  State 849,  850 

Special  tax  for  payment  of 852 

Restriction  of  power  of  cities  and  towns 

to  contract 844 

Dehtor,  privilege  of 835 

Deak  and  Dumb,  institutions  for  benefit  of, 

to  be  fostered 846 

Decisions,  judicial  publication  of 848 

Of  Supreme  Court,  publication  of.. . .  .848 

Declaration  oe  Rights,  Article  on 833-835 

Defalcation,  disqualification  of 836,  837 

Defense.     [Sje  Public  Defence.] 

Deficiency,  tax  to  be  levied  to  cover 844 

Departments  of  Government  .   836 

Functions  of  to  be  separate 836 

Of  State  University.     [See  State  Uni- 
versity.] 

Distribution  of  Powers 836 

District  Attorneys,  election  of. 838 

Courts,  cases  iu  Probate  Courts  trans- 
ferred to 852 

Jurisdiction  of 842,852 

Terms  of,  where  held 842,  851 

Times  of  holding 842,  851 

Judges,    compensation    of,    provisions 

concerning 843,  851 

Election  of 842 

First  elected,  when  to  enter  upon 

duties 85 1 

First  elected,   by   whom   commis- 
sioned  85 1 

Impeachment  of. 843,  844 

Ineligibility  of.  to  other  than  ju- 
dicial office 843 

Of  First  District,  special  provision 

concerning 842 

Removal  of,  by  Legislature 844 

Salaries  of. 851 


INDEX  OF  CONSTITUTION. 


933 


Governor. 


Terms  of  office  of 842 

Vacancies  in  office  of 851,  852 

Districts,  schools  in.  [See  Common  Schools.] 

Dgeling,  disqualifieatioQ  of. <S47 

[See  oath  of  office.] 
Dues  of  CokporatiOxVS,  how  secured 844 

Education,  Article  on 845,  84C 

Educational  Corporations,  aid  of  State  to, 

not  prohibited 844 

Property  of  may  be  exempt  from  taxa- 
tion  844 

Election,  general,  time  of 847 

Electors  exempt  from  arrest  on  day  of,  835 
On  Constitution.  [See  Election  Ordinance.] 

Of  Assemblymen 83G 

Of  Constitutional  Convention 848 

Of  County  officers 838 

Of  Governor,  etc 839 

Of  Lander  County  officers 850 

Of  officers  not  otherwise  provided  for. 848 

Of  State  Senators 836 

Ordinance 852-855 

Returns  of ^39,  853,  854 

Writs  of  to  be  issued  by  Governor. . .  .837 
Elections  by  Legislature  to  be  viva  voce. . . .  835 

By  people  to  be  by  ballot 835 

General  provisions  concerning 835 

Purity  of  to  be  preserved 835 

To  be  by  plurality 848 

Electoral  Qualifications,  Legislature  to 

provide  for 83G 

Electors,  exempt  from  arrest  on  election 

day 835 

Majority  of  how  determined 848 

Qualifications  of. 835,  852,  853 

Registration  of. 835 

[See  Right  of  Suffrage.] 
Embezzlement,  or  defalcation,  disqualTfica- 

tron  of 836,  8.^7 

Punishment  of 837 

E.VACTiNG  Clause 838 

Enu.merations  of  inhabitants,  when  taken,  848 

Equity,  administration  of 843 

Escheated  Estates  appropriated  to  school 

fund S45 

Examiners,  Board  of 841 

Executive  Department,  Article  on 839-841 

Business  of  to  be  transacted  by  Gov- 
ernor  839 

Executive  Power  vested  in  Governor 839 

Executive  Sessions  of  Senate 837 


Page. 

E.xEMPTioN  of  Homestead 838 

Of  property  from  execution  for  debt.  ..835 

From  taxation 844,  845 

Ex  Post  Facto  law  prohibited 835 

Expulsion  of  a  member  of  the  Legislature. 836 

Federal  Currency,  circulation  of 844 

Federal  Government,   paramount  allegi- 
ance due  to 834 

Power  of,  by  whom  defined 834 

Right  of,  to  preserve  its  existence 834 

To  employ  armed  force 834 

Fees  and  perquisites,  prohibition  of 843, 

849,  851 

Final  passage  of  bills,  etc 837 

Finance  and  State  Debt,  Article  on . . .  844,  845 

Fines,  appropriated  to  school  fund 845 

Excessive,  not  to  be  imposed 834 

Forfeitures,    etc.,    continuance    of   to 

State 846 

Fines  and  Forfeitures,  Governor  may  sus- 
pend  840 

Governor  to  report  to  Legislature  con- 
cerning  840 

Power  of  remitting , 840 

First  Judicial  District,  special  provisions 

concerning 842 

Fiscal  Year,  commencemenfof 844 

Floating  Warrants  for  school  lands 846 

Foreigners,  property  rights  of 835 

Forgery,  disqualification  for 838 

Fraud,  imprisonment  for 835 

Freedom  of  religious  profession  and  wor- 
ship  834 

Of  speech  and  press 834 

Funds  for  school  purposes  to  be  replaced,  if 

lost  or  misappropriated 846 

General  Election,  time  of. 847 

Provision  for  fir.st 852 

Electors  not  liable  to  arrest  on  day  of.  835 
General  Laws  required  where  applicable.  .837 
Government,  distribution  of  powers  of. . .  .836 

Purposes  for  which  instituted 833,  834 

Right  of  people  to  alter  or  reform 834 

Seat  of,  established  at  Carson  City. . .  .847 
Federal,  paramount  allegiance  due  to. 834 
Govern.ments,  county  and  township,  to  be 

established 838 

Governor,  duties  and  powers  of,  to  adjoura 

Legislature 840 

As  member  of  Board  of  Examin- 
ers  841 


934 


INDEX  OF  CONSTITUTION. 


Journal. 


Page. 
As  member  of  Board  of  Regents, . .  84(i 
As  member  of  State  Prison  Board,  841 

In  regard  to  pardons,  etc 840 

To  approve  or  veto  bills 839 

To  be  Commander  in  Chief 839 

To  call  Convention  for  election  of 

United  States  Senators 839 

To  call  out  Militia 84G 

To  convene  special  session  of  the 

Legislature 836,  840 

To  communicate  to    Legislature 

bv  message 840 

To  execute  laws  faithfully 839 

To  fill  vacancies  in  office,  840,  851,  852 

To  grant  reprieves,  etc., 840 

To  is^ue  writs  of  election 837 

To  keep  great  seal 840 

To  report  to  Legislature  cases  of 

pardon,  reprieve,  etc 840 

To  sign  grants  and  commissions..  .840 

To  suspend  fines,  etc 840 

To  transact  executive  business. . .  .839 

Election  of 839 

First  elected,  when  to  enter  upon  office,  851 

Term  of. ..851 

Impeachment  of 843 

Office  of  to  bQ  at  seat  of  government,. 848 
Officers  under  United   States  Govern- 
ment, disqualified  as 840 

Of  Territory,  continuance  of 851 

Duty  of  in  respect  to  election  on 

Constitution 852,  853,  854 

To  approve  bonds  of  State   Con- 
troller and  Treasurer 851 

To  commission  officers,  etc.,  first 

elected 851 

To  furnish  blanks  to  commanding 

officers 854 

To  issue  proclamations,  etc.  .852,  853 
Prohibited  receiving  fees  and  perquis- 
ites  849 

Qualifications  of 839 

Returns  of  election  of 839 

Salary  of 849 

Term  of  office  of 839,  851 

GuAND  .Jluv,  presentments  and  indictments 

by 834 

Gkants,  form  of,  bow  signed  and  sealed.. .  .840 

Hameas  Coki'u.s,  suspension  of  writ  of 834 

JIoMKSTKAD,  exemption  of .838 

Provisioa  to  be  made  for  recording. . .  .838 


Page- 

House  of  Refuge 846 

Husband  and  Wife,  alienation  of  homestead 

by 838 

Lien  may  be  created  by  both 838 

Idiots,  disqualified  from  voting 835 

lMPEAtH.MENT    AND    REMOVAL    FROM    OFFICE, 

Article  on 843,  844 

Impeachment,  Assembly  has  sole  power  of.  843 

Extent  of  judgment  in  cases  of. 844 

Grounds  of 843,  844 

Of  Governor  or  Lieutenant  Governor, 
Chief  Justice  to  preside  upon 

trial  of. 843 

Senate  to  try 843 

Two-thirds  vote  necessary  for  convic- 
tion  843 

"Who  liable  to 843 

Impiusonmext,  for  contempt  by  Legislature,  836 

For  debt 835 

For  militia  fine 835 

Improvements  to  be  encouraged 845 

Inalienable  Rights. 833 

Increase  or  diminution  of  salaries,  etc 848 

Indebted.ness  of  State.   [See  debt  of  State.] 

Indexing  Dkbates,  etc.,  of  Convention 853 

Indictment  by  Grand  Jury 834 

Individual  Liability  of  corporations 844 

Infam(^:.s  Crimes,  trials  for 834 

Insane,  di.'-qualificd  from  voting 835 

Institutions  for  benefit  of,  to  be  fostered,  846 

Inurm,  counties  to  provide  for 846,  847 

Institutions.     [See  Public  Institutions.] 

Insurrection,  debts  for  suppression  of 845 

Militia  may  be  called  out  to  suppress.  .846 
Intellectual  Improvements  to  be  encour- 
aged   845 

Interest  of  public  school  fund  only  to  be 

used 846 

On  State  debts,  payment  of. 845 

Invasion,  debts  incurred  for  repelling 845 

Militia  may  be  called  out  to  repel 846 

Invest.ment  of  school  funds 846 

Jeopardy,  no  person  to  be  twice  in  for  same 

offense 834 

Johnson,  J.  Neely,  appointed  to  contract  for 
and  direct  publication  of  de- 
bates, etc.,  of  Convention 852 

Journal  of  each  house  of  Legislature  to  be 

kept  and  published 837 

Yeas  and  nays  to  be  entered  upon,  when, 

837,  839,  848 


INDEX  OF   CONSTITUTION. 


935 


Laws. 


Page. 
Judges,  District.     [See  District  Judges.] 

First  elected,  when  to  enter  upon  duties,  851 

Liable  to  removal  by  Legislature 844 

Salaries  of. 85 1 

Vacancies  in  office  of,  how  filled.  .851,  852 

Jddgments,  continuance  of 849 

In  case  of  impeachment,  extent  of.. . .  .844 

Of  Supreme  Court,  must  be  filed 848 

Judicial  Department,  Article  on 841-843 

Districts  created  and  defined.,.. ,  .841,  842 

Changes  in,  when  made 842 

Decisions,  publication  of 848 

Officers,  liable  to  impeachment; 843 

Not  to  receive  fees,  etc 843 

Penalty  for  absence  of 843 

Territorial,  when  suspended 843 

Power,  how  vested* 841 

Jurisdiction  of  Supreme  Court 841 

Of  District  Courts 842 

Of  Municipal  Courts 843 

Of  Justices'  Courts 842,  843 

Jdkt.  charge  to 843 

Duty  of  in  cases  of  libel,  etc 834 

Persons  excluded  from 838 

Right  of  trial  by 834 

May  be  waived  in  civil  cases 834 

Verdict  of  in  civil  cases 834 

Unanimous  may   be  required   by 

law 834 

Justices  of  the  Peace,  jurisdiction  of,  842,  843 

May  receive  fees,  etc 843 

Number  of,  powers,  duties,  etc 842 

Justices  of  the  Supreme  Court,  liability  of 

to  removal 844 

Prohibited  receiving  fees,  etc 843,  849 

Salaries  of 849 

To  canvass  election  returns 833 

[See  Supreme  Court.] 
Juvenile  Offenders,  house  of  refuge  for.  .846 

Lander  County,  officers  of 850 

Probate  Judge  of. 850 

Lands  belonging  to  the  United  States  not 

taxed - 833 

[See  Public  Lands.] 

Larceny,  disqualification  for 838 

Petit  may  be  tried  without  interven- 
tion of  Grand  Jury 834 

Law   and  equity  may  be  administered  in 

same  action 843 

Laws  concerning  corporations  to  be  general,  844 
May  be  altered  or  repealed 844 


Page. 

Laws,  enacting  clause  of 838 

Governor  to  see  executed 839 

How  revised  or  amended 837 

Local  or  special,  wlien  prohibited 837 

Must  be  general  and  uniform. 837 

Must  embrace  but  one  subject 837 

Publication  of 848 

Subject  of  must  be  expressed  in  title,  ,837 

Territorial,  continuance  of 844,  849 

To  be  passed  relative  to  appeals 843 

Appointments  of  officers 848 

Attendance  on  public  schools 845 

Benevolent  Institutions 846 

Board  of  Regents 846 

Compensation  of  members  of  the 

Legislature 838 

Compensation  of  Reporter  of  Con- 
vention   852 

Corporations,  existing 844 

Couniy  Commissioners 838 

Court  fee,  special 843 

Duties  of  Clerk  of  Supreme  Court,  838 
Duties  of  various  county  officers,  .838 

Dueling 847 

Education 845 

Elections 838 

Floating  school  land  warrants. . .  .846 

Homestead,  exemption  of. 838 

Investment  of  school  funds 846 

Judicial  districts,  alterations  in. .  ,842 

Juries,  qualifications  of 838 

Justices  of  the  Peace 842 

Militia,   organizing  and  disciplin- 


ing. 


.846 


Municipal  Courts 843 

Oath  of  professors  and  school  teach- 
ers   846 

Organizing  cities  and  towns 844 

Publication  of  debates,  etc.,  of  Con- 
vention   852 

Punishment  of  defalcation,  bribery, 

and  embezzlement 837 

Removal  of  civil  oflicers.  etc 844 

Restricting  powers  of   cities  and 

towns f*** 

Salaries, 848 

Schools,  common 845 

Separate  property  of  the  wife,  etc.,  838 

Soldiers'  votes 855 

.State  University 846 

Support  of  infirm,  etc 846,  847 


936 


INDEX  OF  CONSTITUTION, 


LlEUTEXANT  Go^TIRXOR. 


Page. 

Taxation 844,  845 

Teachers  in  schools,  oath  of 846 

Tenure  of  ofiBce 848 

Leave  of  Absence  of  judicial  officers 843 

Legal  Proceedings,  transfer  and  continu- 
ance of 849 

Legislative  Authoiuty,  how  vested 836 

Department,  Article  on 836-839 

Legislatlke,  action  of,  upon  amendments 

of  the  Constitution 848 

Upon  bills 837 

Upon  bills  vetoed 839 

Upon  calling  Constitutional  Con- 
vention   848 

Adjournment  of,  by  Governor 840 

From  time  to  time 837 

Basis  of  representation  in 848 

Compensation  of  members  of 838 

Of  officers  of 838 

Duty  of,  in  regard  to  treason 840 

Each  house  of,  may  adjourn  from  day 

to  day 837 

Amend    bills    originating    in   the 

other 837 

Choose  its  own  officers 836 

Compel  attendance  of  absent  mem- 
bers   837 

Expel  a  member 836 

Judge  of  qualifications,  etc.,  of  its 

members 830 

Keep  and  publish  a  journal 837 

Originate  bills 837 

Prescribe  penalties  for  non-attend- 
ance   837 

Punish  for  disorderly  conduct  or 

contempt 830 

Elections  by,  to  be  viva  voce 835 

Expenses  of  members  of,  for  stationery, 

etc 838 

Length  of  sessions  of 838 

Limitation  of,  in  regard  to  taxation. .  .852 

Number  of  members  of 847 

May  require  unanimous  verdict  of  jurics,834 
Members  of,  not  eligible  to  fill  vacancy 

created  by  removal 844 

Privileged  from  arrest 837 

Oath  of  members  of 847 

Power  of,  to  remove  from  office 841 

Quorum  of  each  house  of 837 

Sessions  of. 830,  838,  840,  850 

Biennial 830,  850 


Page. 

Commencement  of. 830,  S.JO 

Length  of 838 

Special 838.  840 

Special  legislation  by,  prohibited,  837,  844 
To  provide  for  compensation  of  Official 

Reporter  of  Convention 852 

Designation  of  Courts  of  record.  .843 
Election  of  new  Board  of  Regents,  84g 
Election  of  United  States  Senators,  839 

Election  of  various  officers 838 

Electoral  qualifications 836 

Encouragement  of  certain  impirove- 

mcnts 845 

Establishment  of  county  and  town- 
ship governments 838 

Establishment  of  municipal  Courts.  841 
Establishment  of  normal  and  other 

schools 846 

Establishment  of  State  University,  846 
Increase    and  diminution  of   sal- 
aries, etc 848 

Poll  tax 830 

Publication  of  debates,  etc.,  of  Con- 
vention   852 

Publication  of  laws  and  Supreme 

Court  ducisions 848 

Regulating  elections 835 

Special  tax  for  Territorial  debt. .  .852 

Special  school  tax 846 

Uniform  and  equal  assessment  and 

taxation 845 

Uniform  system  of  common  s^chools,  815 
[See  laws  to  be  pa.ssed.] 

Vacancies  in,  how  filled 837 

Liabilities  of  Territory  assumed  by  State,. 850 
[See  Debt.] 

Liability,  individual,  of  corporations 844 

Libel,  actions  and  prosecutions  for 834 

Imprisonment  for 835 

Liberty  of  conscience 834 

Of  speech  and  press 834 

No  person  to  be  deprived  of  without 

due  process  of  law 834 

Licentiousness,  acts  of,  etc,  not  justified. ,  .834 

Lien,  mechanics',  jurisdiction  of 843 

Upon  liomestead,  how  created 838 

Lieutena.nt  Guverxok,  compensation  of. . .  838 
Duties  and  powers  of,  to  be  President 

of  Senate 840 

To  have  casting  vote 840 

To  sign  bills 837 


INDEX  OF  CONSTITUTION. 


937 


Offices. 


Page. 
To   succeed  to   Governor's  office, 

when 840 

Election  and  eligibility  of. 840 

First  elected,  when  to  enter  upon  duties,  851 

Term  of 8.51 

Impeachment  of. 840-843 

Term  of  office  of 840 

Life   and  Liberty,  right  of  enjoying  and 

defending 833 

No  person  to  be  deprived  of  without 

due  process  of  law 834 

LniiTATiON  of  jurisdiction  of  justices  of  the 

Peace 842,  843 

Of  State  indebtedness 844,  845 

Proviso  concerning 850 

Of  State  tax 852 

Literary  Improvements  to  be  encouraged,  845 

Loan  of  Credit.     [See  credit.] 

Local  Legislation,  prohibition  of. . .  .837,  844 

Officers,  support  of 851 

Lotteries,  prohibition  of 838 

Lucrative  office,  persons  holding  under 
United  States  Government,  in- 
eligible   836 

Majority  of  elector.?,  how  determined 848 

Of  members  of  either  house  to  consti- 
tute a  quorum 837 

Necessary  for  passage  of  bills,  etc 837 

Marsh,  Andrew  J.,  appointed  to  supervise 
and  index  debates,  etc.,  of  Con- 
vention  852 

Compensation  of,  as  Official  Reporter.  .852 
Mechanic  Arts,  departments  of,  in  State 

University 846 

Separate  fund  for 846 

Mechanical  Improvements  to  be  encour- 
aged    845 

Mechanics'  Liens,  jurisdiction  of. 843 

Members  of  Legislature.    [See  Legislature.] 
Message,  Governor  to  communicate  to  Leg- 

ii^lature  by 840 

Mileage  of  members  of  the  Legislature. .  .849 
Military  Forces,  Governor  to  be  Comman- 
der-in-Chief of 839 

Power,  to  be  subordinate  to  civil 834 

Service  of  United  States,  right  of  suf- 
frage of  persons  in.    [See  Sol- 
diers' vote.] 
Tactics  to  be  taught  in  Agricultural  Col- 
lege   846 

Militia,  Article  on 846 


Pago 

Fiuc,  imprisonment  for    835 

Governor  empowered  to  call  out 846 

Organization  and  disciplining  of 846 

Mines,  and  mining  property,  taxation  of. .  .845 
Mining,  department  of,  in  State  University. 846 

Improvements  to  be  encouraged 845 

Special  provision  for  organizing,  etc..  .846 
Miscellaneous  Provisions,  Article  on,  847,  848 
Money,  how  drawn  from  State  Treasury. .  .837 

Paper,  prohibit,ion  of 844 

Restriction  as  to  payment  of,  to  officers, 

etc.,  of  the  Legislature 838 

Restriction  of  power  of  cities  and  towns 

to  borrow 844 

Statement  of  receipts  and  expenditures 

of,  to  be  published 838 

Moral  Improvements  to  be  encouraged. . .   845 
Municipal,  and  other  corporations.  Article 

on 844 

Corporatians  may  be  created  by  law. . .  844 
Property  of,  may  be  exempt  from 

taxation 844 

Restriction  of,  as  to  becoming  stock- 
holders, etc 844 

Courts,  how  established 841 

Jurisdiction  of,  not  to  conflict . . .  .843 
Laws  to  be  passed  regulating,  etc.,  843 

Name  of  State 833 

Navigation,  persons  engaged  in,  not  to  gain 

or  lose  residence 835 

Normal  Schools,  establishment  of 846 

Oath  of  electors.  Legislature  to  prescribe.  .836 
Of   members  of   the   Legislature  and 

State  officers 847 

Of  Officers  first  electsd,  by  whom  ad- 
ministered  851 

Of  professors  and  school  teachers 846 

Obligation  of  contracts  not  to  be  impaired,  835 
Offenses  under  territorial   laws,  prosecu- 
tion of  continued 851 

Official  bonds 851 

Reporter 852 

Office,  disqualifications  for 836,  837,  847 

Of  profit,  disqualification  of  Senators 

and  Assemblymen  for 836 

Tenure  of 848 

Under  United  States  Government,  dis- 
qualification of  for  Governor,  840 

Vacancies  in,  how  filled 837,  840, 

851,852 
Offices  of  county  officers,  where  held 847 


938 


INDEX  OF  CONSTITUTION. 


Proclamation. 


Page. 
Governor  and  State  officers,  where  held, 

848 
OrncERS,   and    employes    of   Legislature, 

compensation  of. 838 

Appointment  of,  not  otherwise  provided 

for 848 

Civil  and  military  to  report  in  writing 

to  Governor 839 

Civil,  removal  of 844 

County,  election  of 838 

State,  election  of.     [See  Executive  De- 
partment.] 
First   elected,   by   whom  commis- 
sioned  851 

Ordixaxce    concerning    certain    elections, 

852-855 
Slavery,  religious  toleration,  etc..  .833 

Oroaxizatiox  of  Board  of  Examiners 841 

Board  of  Regents 841 

Board  of  State  Prison  Commissioners.  .841 

Board  of  Pardons,  etc 840 

Board  of  County  Commissioners 838 

Cities  and  towns 844 

Common  schools 845 

Constitutional  Convention 848 

Corporations 844 

County  and  township  governments. . .  .838 
Courts.     [See  Judicial  Department.] 
Legislature.  [See  Legislative  Department.] 

Militia 846 

Mining  Department  of  University 846 

Normal  schools 846 

Public  institutions 846 

State  Prison 846 

State  University 846 

Pardon-s,  general  provisions  concerning. .  .840 

Paper  Monet,  prohibition  of 844 

Paramount  Allegiance  due  to  Federal  Gov- 
ernment  834 

Passage  of  bills,  final 837 

PAt"J'EK.s,  support  of 846,  847 

Not  to  gain  or  lose  residence 835 

Pat.     [Sec  Compensation.] 

Penal  Actio.v.s,  continuance  of 849 

PENALTIE.S,  continuance  of 849 

People,  action  of,  on  amending  Constitu- 
tion  848 

On  calling  Constitutional  Conven- 
tion   848 

On  final  adoption  of  Constitution. 
[See  Election  Ordinance.] 


Page. 

Elections  by.  to  be  by  ballot 835 

No  power  in  to  secede  from  Union. . .  .834 

Political  power  inherent  in 833 

Right  of  to  alter  or  reform  government,  834 

To  assemble,  petition,  etc 834 

As  to  seizures,  and  searches 835 

[See  Declaration  of  Rights.] 

Perjury,  disqualification  for ...  838 

Perpetuities,  prohibition  of 847 

Petit  Larceny,  trial  for 834 

Petition  for  redress  of  grievances,  right  of 

guaranteed .> 834 

Plurality,  election  by ' 848 

Political  Power  inherent  in  the  people. .  .833 

Poll  Tax,  Legislature  to  provide  for 836 

May  be  made  condition  to  right  of  voting,836 
Payment  of,  not  required  of  persons  in 

United  States  service 835 

Postmasters,  offices  of,  when  not  lucrative,  836 
Powers  of  Government,  distribution  of. . .  836 

Preamble 833 

Of  Election  Ordinance 852 

Of  resolution  adopting  United  States 

Constitution 833 

Preliminary  action 833 

Presentments  by  Grand  Jury 834 

President  of  Senate 840 

Pro  tern  of  Senate,  when  to  act  as  Gov- 
ernor  840 

United  States,  proclamation  of,  admit- 

ing  State 853 

Press,  freedom  of 834 

Principal  of  State  debts,  when  to  be  paid.. 845 

Privilege  of  the  debtor 835 

Probate  Courts,  transfer  of  cases  from  to 

District  Courts 852 

Judge  of  Lander  County 850 

Judges,  continuance  of. 850 

Proceedings  of  the  Legislature,  journals  of, 

to  be  kept  and  published 837 

Proceeds  of  mines  and  mining  claims  alone 

to  be  taxed 845 

Of  public  lands.    [See  Public  Lands.] 

Process,  continuance  of 849 

Of  law,  necessary  to  deprive  of   life, 

liberty,  etc 834 

Style  of 843 

Proclamation  by  Governor  of  Territory, 
calling  election  on  Constitu- 
tion  852 

Announcing  result  of  election  on  the 

Constitution 853 


INDEX  OF  CONSTITUTION. 


939 


Salaries. 


Page. 
By    President    of   the    United   States 
admitting  State  into  the  Union, 

8J3 

Professors  in  University,  oath  of 846 

Property,  assessment  and  taxation  of 845 

Exemption  of,  from  execution  for  debt,  835 

From  taxation 844,  845 

No  person  to  be  deprived  of  without 

due  process 834 

None  exempt  from  sale  for  taxes 838 

Of  corporations,  how  taxed 844 

What  may  be  exempted 844 

Private,  not  to  be  taken  for  public  use 

without  compensation 834 

Right  of  acquiriug  and  protecting. . .  .833 

Rights  of  foreigners 835 

Separate,  of  the  wife 838 

What  may  be  exempted  from  taxation  838 

Prosecttioxs,  continuance  of. 849 

For  libels,  provisions  concerning 834 

To  be  in  name  of  State 843 

Public  AoinxisTRATOR,  election  of ...... .  838 

Arms,  safe  keeping  of 84G 

Debt.     [See  debt  of  State.] 

Defense,  debts  contracted  for 845 

Institations,  Article  on 846,  847 

Instruction,   Superintendent   of.     [See 

Superintendent.] 
Lands  donated  by  Congrees  set  apart 

for  educational  purposes 845 

Consent  ofCongressfordiversionof,845 
Devoted  to  special  fund   for   col- 
lege, etc 846 

Of  United  States,  title  to  disclaim- 
ed  833 

Prison,  persons  confined  in,  not  to  gain 

or  lo.se  residence 835 

PcBLiCATiox  of  Debates  and  Proceedings  of 

Convention 852 

Of  laws  and  decisions 848 

PcxisHMENTs,  cruel  and  unusual,  not  to  be 

inflicted 834 

Qualification'  of  State  and  Judicial  oflScers 

first  elected 851 

Qualifications  of  Governor. .  - 839 

Of  Jurors 838 

Of  Senators  and  Assemblymen 836 

Of  voters 835,  836,  852,  853 

Of  voters  on  Constitution ...  .836,  852 

Quorum  of  either  branch  of  Legislature 837 


Page. 
Railroads,  counties,  cities,  etc.,  not  restrict- 
ed as  to  aiding 844 

Recogxizaxces,  contiuuance  of 849 

Recorders.     [See  County  Recorders.] 

Records  of  courts,  etc.,  transfer  of 849 

Of  Territory  to  vest  in  State 849 

Rege.nts.  Board  of,  provisions  concerning.  .846 
Registration  of  separate  property  of  the 

wife 838 

Of  voters,  provisions  concerning 835 

In  United  States  service  not  re- 
quired   835 

Religious  Belief,  no  person  incompetent 

as  a  witness  on  account  of.. .  .834 
Corporations,  property  of  may  be  ex- 
empt from  taxation 844 

Profession  and  worship,  freedom  of. .  .834 

Toleration 833 

Removal  from  office  by  Legi.«lature 844 

Reporter,  OfiBcial  of  Convention,  appointed 
to  supervise  and  index  debates 

and  proceedings 852 

Compensation  of 852 

Representation,  basis  of 835,  848 

Reprieves,  power  of  Governor  to  grant. .  .840 

Residence  of  voters 835 

Resolution,  adopting  Constitution  of  the 

United  States 833 

Returns  of  elections 835,  853,  854 

Revenue,  portion  of  to  be  set  apart  for  com- 
pensation of  judges 843 

Revision  of  the  Constitution 848 

Right   of  defending   in  person    and  with 

counsel 834 

Of  suffrage,  Article  on 835,  836 

Of    the    people    as    to    seizures   and 

searches 835 

Of  trial  by  jury 834 

Of  way,  of  corporations,  how  secured . .  844 

Rights,  continuance  of 849 

Declaration  of 833-835 

Of  property  of  foreigners 835 

Retained  by  the  people 835 

Roof  County,  attached  to  Washoe  County 

for  certain  purpo.ses 842,  852 

Safety   and   happincs.s,  right  of  pursuing 

and  obtaining 833 

Salaries,  increase  or  diminution  of..  .843,  848, 

851 
Of  District  judges 843,  851 


940 


INDEX  OF  CONSTITUTION. 


State. 


Page. 

Senate,  executive  sessions  of 837 

To  try  impeachments 843 

[See  Legislature.] 


Of  Governor 849 

Of  Justices  of  Supreme  Court 843, 

848,  849 
Of  State  officers 848,  849  I  Sexatok.^,  State,  apportionment  of 849,  850 


Of  Territorial  officers  under  State  or- 
ganization   851 

[Sse  Compensation.] 

Schedule,  Article  on 848-852 

Scud  )L  Districts 845 

Fund,  apportionment  of  interest  on.  .  .845 
Escheated  estates  appropriated  to,  845 

Fines  appropriated  to 845 

How  created 845 

Interest  on,  forfeiture   of  by  dis- 
tricts  845 

Interest  on  only  applied  to  educa- 
tional purposes 846 

Investment  of. 84(1 

Portions  of  interest  of  applied  for 

State  University 846 

Public  lands  appropriated  to 845 

Land  warrants,  floating,  sale  of 846 

Schools,  different  grades  of,  to  be  cstab- 

li.shed 840 

Normal,  may  be  estallished 847 

Oath  of  teachers  in 846 

[See  Common  Schools.] 

Seal  OF  State  to  be  kept , 840 

Seat  of  Govek.\mext  located   at    Carson 

City 847 

OflBces  of  Governor  and  State  ofiBcers  to 

be  kept  at 848 

Secession  from  Union,  right  of  Federal  Gov- 
ernment to  resist 834 

Secretauv  of  Senate,  duty  of,  to  sign  bilLs,  837 

Secretaky  of  State,  duties  of,  general. . .  .841 

As  member  of  Board  of  Examiners,  841 

As  member  of  Board  of  Regents.  .846 

As    member    of  Board    of   State 

Prison  Commissioners 841 

Election,  elegiblity  and  term  of..  .840,  841 

First  elected,  term  of 851 

When  to  enter  upon  duties 851 

Office  of,  to  be  at  seat  of  government,  841 

Salary  of. 849 

Secketary  of  Territory,  continuance  of.  .851 
To  countersign  commissions  of  officers 

first  elected 851 

Sectarian  I.vstruction,  prohibition  of,  845,  846 

Penalty  for 845 

Seizures  and  searches,  unreasonable,  pro- 
hibited  835 


Compensation  of 849 

Disqualification  of,  for  civil  office 

of  profit 836 

First  elected,  terms  of 850 

First  elected,  to  draw  lots 850 

Oath   of,    when    trying    impeach- 
ments   , 843 

Prohibited  receiving  fees,  etc 849 

Proportion  of,  to  Assemblymen. .  .836 

Qualifications  of 836 

Terms  of  office  of 836,  850 

"When  chosen -. 836 

L' nited  States,  election  of 838,  839 

Separate  Fund,  for  College   for  Agricul- 
ture, etc 846 

Property  of  the  wife 838 

Sessions,  E.xccutive  of  Senate  837 

Of  Legislature,  comniencemeut  of 836 

Length  of 838 

Special,  may  be  convened  by  Gov- 
ernor  836,  840 

Special,  what  business  may  be  done 

by 840 

To  be  biennial 836,  850 

To  be  open 837 

Where  to  be  held 836 

Sheriffs,  election  of 838 

Slander,  imprisonment  for 835 

Slavery,  prohibition  of 833,  835 

Soldiers,  quartering  of 834 

Votes  of,  provisions  concerning.  .835,  853, 

854,  855 

Legislature  to  provide  for  bylaw,  855 

Speaker  of  As.sembly,  compensation  of. .  .838 

Duty  of  to  sign  bills 837 

Special  Court  Fee 843 

Legislation,  prohibition  of 837,  844 

[See  Laws.] 
Sessions  of  Legislature.  [See  Sessions.] 

Ta.x  for  school  purposes 846 

For  territorial  debt 852 

Speech,  freedom  of. 8S4 

State,  aid  of  to  corporations,  etc 844 

Bonds,  school  funds  to  be  invested  in,  846 

Debt 844,  845,  850 

Officers,  additional  duties  of 841 

Canvass  of  election,  returns  of. .  .839 


INDEX  OF  CONSTITUTION. 


941 


Tekm  op  Office. 


Page. 

Election  of 840 

Eligibility  of 841 

First  elected,  term  of 8i50,  851 

First  elected,  when  to  enter  upon 

office 851 

First  election  of. 852 

Impeachment  of. 843 

Oath  of 847 

Offices  of,  where  kept 848 

Term  of  office  of 841,  850,  851 

Vacancies  in  office  of,  how  filled.  840, 
851,  852 

Prison,  Board  of  Commissioners  of 841 

To  be  established 846 

Seal,  Governor  to  keep 840 

Treasury.     [See  Treasury.] 

University,  departments  of 846 

General  provisions  concerning. . .  .84G 

How  controlled 84(i 

Oath  of  professors  in 84G 

Portions  of  interest  on  school  fund 

may  be  appropriated  for 846 

Sectarian  instruction  in  prohibited,846 

Special  tax  for 846 

Students,  not  to  gain  or  lose  residence. . .  .835 

Style  of  process 843 

Suits  against  the  State 837,  838 

SUPEKINTENDENT      OF     PUCLIC     INSTRUCTION, 

election  of. 845 

Duties  of  to  be  prescribed  by  law 845 

First  elected,  when  to  enter  upon  duties,  851 

Prohibited  receiving  fees,  etc 849 

Salary  of. 849 

Term  of  office  of 845,  851 

To  be  member  of  first  Board  of   Re- 
gents   846 

Of  Territory,  continuance  of 851 

Supervision  of  debates,  etc.,  of  Convention,  852 
Supreme  Court,  Clerk  of,  to  keep  office  at 

seat  of  government 848 

Chief  Justice  of,  how  elected 841 

To  preside  over  Senate,  when 843 

Decisions  of,  to  be  published 848 

Election  of  Clerk  of. 838 

How  constituted 841 

Judgments  of,  to  be  filed  before  oper- 
ative  848 

Jurisdiction  of 841 

Justices,  compensation  of 843,  849 

Duties  of,  as  members  of  Pardon- 
ing Board 840 


Duty  of,  to  canvass  election   re- 

turns 839 

Election  of g^j 

First  elected,  when  to  enter  upon 

d'lties 851 

Irapeachr.rent  of. 843,  844 

Ineligibility  of,  to  other  than  ju- 
dicial oflice 343 

Prohibited  receiving  fees,  etc 849 

Removal  of  by  Legislature 844 

Sal'ii'iesof. 843,849 

Terms  of  office  of. S4i 

To  draw  lots ^41 

Vacancies  in  office  of,  how  fill-  d, 

840,  851,  852 
Terms  of,  when  and  where  held..  .842,  851 
Supreme  Court  of  United  States,  right  of, 
to   define  powers  of  Federal 

Government 834 

Surveyor  General,  election,  term,  and  ele- 

gibility  of. 840,  841 

First  elected,  when  to  enter  upon  office,  851 

Prohibited  receiving  fees,  etc 849 

Salary  of. §49 

Term  of  office  of 841   851 

Surveyors,  County,  election,  duties,  etc. .  .838 

Tax,  annual  levy  of sii 

Limitation  of,  for  State  purposes 852 

Not  to  be  postponed  nor  diminished. .  .845 

Special,  for  school  purposes 846 

For  State  debts 845 

For  Territorial  debt 852 

Taxation,  Article  on 845 

Homestead  not  exempt  from 838 

Limitation  of 352 

Of  lands  belonging  to  United  States.  .833 
Of  lauds  of  non-resident  citizens  of 

United  States 833 

Of  mines  and  mining  property 845 

Restriction  of  cities  and  towns  concern- 
ing  844 

Special 845,  84G,  852 

What  property  may  be  exempt  from, 

844,  845 

Teachers  in  Schools,  oath  of. 846 

Tenure  of  Office 848 

Term  of  Office,  of  Assemblymen 836,  850 

District  Judges 842 

Governor S'3'J,  J:51 

Justices  of  Supreme  Court {54I,  851 


942 


INDEX  OF  CONSTITUTION. 


Voters. 


Page. 

Lieutenant  Governor 840,8.51 

State  officers ^41,  851 

State  Senators 836,  850 

Terms  ok  Courts 842,  851 

Territory  of  Nevada,  assumption  of  debt 

of 850 

Continuance  of  County  officers  under.  .850 
Of  Courts  and  Judicial  officers  of.  843 
Of  fines,  penalties,  and  forfeitures,  849 

Of  laws  of 844,849 

Of  officers  of 851 

Of  rights,    actions,    prosecutions, 

etc.,  of 849 

Of  township  officers  under 850 

Debt  of,  assumed  by  State 849,  850 

Special  tax  for 852 

Title,  laws  not  to  be  revised  or  amended  by,  837 

Of  laws  to  express  subject  matter 837 

To  public  lauds  to  remain  in  United 

States 833 

TOLEKATFOX,  rcUgious,  guaranteed 833 

Towns,  debts  of,  not  to  be  assumed  by  State,  845 

Organization  of 844 

Powers  of,  to  be  restricted 844 

To  provide  for  support  of  their  own 

officers 851 

Township  governments  to  be  established, 

838,  844 

Officers,  continuance  of 850 

Treason,  definition  of 835 

Disqualification  of. 835 

Duty  of  Legislature  in  cases  of  convic- 
tion of 840 

Evidence  of 835 

Power  of  Governor  in  cases  of  convic- 
tion of 840 

Treasurer,  Slate,  ekction,  term,  and  elegi- 

bility  of. 840,841 

First  elected,  when  tu  enter  upon  office,  851 

Official  bond  of 851 

Legislature  to  prescribe  duties  of 841 

Office  of,  to  be  at  seat  of  government. .  848 

Prohibited  receiving  lees,  etc 849 

Salary  of 849 

Term  of  office  of 841,851 

Territorial,  continuance  of 851 

Treasury,   restrictions  as  to   payment   of 

money  from 837,  838 

Trial  by  Jury 834 

Trial  right  of  accused  in,  to  defend  in  per- 
son and  with  counsel 834 


Page. 
Truth,  may  be  civcn  in  evidence  in  cases  of 

libel 834 

Unexpired  Terms,  to  be  filled  at  general 

election 852 

Union,  Federal,  denial  of  right  to  dissolve,  834 
Right  of  Federal  Government  to  pre- 
serve  834 

United  States,  Army,  votes  of  soldiers  in, 

835,  853,  854,  855 
Bonds,  school  funds  to  be  invested  in.  .846 

Constitution,  resolution  adopting 833 

Government,  authority  of,  not  to  be  im- 
paired  834 

Disqualifications   of    persons    holding 

under 836,840 

Lauds  belonging  to  not  to  be  taxed. .  .833 
Public  lauds  of,  title  to  disclaimed. . .  .833 

Senators,  election  of. 838,  839 

Service,  persons  in  not  to  gain  or  lose 

residence 835 

Right  of  suffrage  of  persons  in . . .  835, 
853,  854,  855 
Untversity.     [See  State  University.] 

Vacancy  created  by  removal,  niembcu's  of 
the  Legislature  not  eligible  to 

fill 844 

In  judicial  and  State  offices,  now  filled, 

851,  852 

In  Legislature,  how  filled 837 

In  office,  modes  of  filling 837,  839,  840, 

851,  852 

In  office  of  Governor 840 

In  office  of  Lieutenant  Governor 840 

In  United  States  Senatorial  i-epresenta- 

tion 839 

Verdict,  three-fourths  of  a  jury  may  render 

in  civil  cases 834 

Unanimous  may  be  required 834 

Veto  Power  of  Governor 839 

Villages,  incorporated,  support  of  officers 

of. 851 

Viva  Voce,  elections  by  Legislature  to  be 

by 835 

Volunteer  Corps  to  be  encouraged 846 

Voters,  general  provisions  concerning 835 

In  United  States  service  not  to  gain  or 

lose  residence 835 

Not  liable  to  arrest  on  general  election 

day 835 

Qualifications  of 835,  836,  852,  853 


INDEX  OF   CONSTITUTION. 


943 


Yeas  and  Nats. 


Qualifications   of    upon    the  Constitu- 
tion  ...836,  852,  853 

Registration  of 835 

Votes  of  Soldiers 835,  852-855 

Plurality  of  to  constitute  election 84:8 

Voting  on  Constitution.     [See  Election  Or- 
dinance.] 
Waeraxt,   not  to   issue   but  on   probable 

cause 835 

Water,  cities  and  towns  unrestricted  as  to 

obtaining  supjilies  of 844 

Wife,  consent  of  required  for  alienation  of 

homestead 838 

Eight  of  as  to  property 838 

Separate  property  of. 838 


WrrxEss,    no    person    compellable    to    be 

against  himself. 834 

No  person  incompetent  as  on  account  of 

his  religious  belief. 834 

AViTAESSES  not  to  be  unreasonably  detained,  834 
^VKIT  OK  Habeas  Corpus,  when  suspended.  .834 
Writs  of  election  to  be  issued  by  Governor,  837 
Writs  to  be  issued  by  courts.     [See  Judi- 

dicial  Department.] 
Yeas  akd  Nays  to  be  recorded  on  journals 

of  Legislature,  when,  837,  839,  848 

On  amendments  to  Constitution 848 

On  demand  of  three  members 837 

On  final  passage  of  bills 837 

On  vetoed  bills 839 


E  R  K  A  T  A . 

Page  2,  near  bottom  of  first  column,  for  "  The  Rev.  E.  F.  White,"  read  "  The  Rev.  A.  F.  White." 

Page  3,  near  middle  of  secoud  column,  same  correction. 

Page  73,  first  column,  nineteenth  line,  strike  out  "  CoUins  "  and  insert  "  Banks,"  so  as  to  read  :  "  The  Sec- 
retary read  the  amendment  proposed  by  Mr.  Banks,"  etc. 

Page  80,  second  column,  near  the  bottom,  in  the  remarks  of  Mr.  Dunne,  amend  sentence  so  as  to  read  : 
"  -whereas  the  substitute  would  not  prevent  all  persons  who  have  voluntarily  borne  arms  from  voting,  unless 
convicted  of  treason,"  etc. 

Page  133,  first  column,  second  line  from  the  bottom,  instead  of  "this  Enabling  Act, "  read  " these  two 
acts,"  so  that  the  latter  part  of  the  sentence  will  read  :  "  except  what  are  granted  to  us  in  these  two  acts." 

Page  211,  second  column,  the  quotation  should  read  as  follows  : — 

"  Suthin  's  got  to  be  done,  there  's  no  use  denyin'  ; 
We  're  clean  out  o'  money,  an'  most  out  o'  lyin'." 

Page  222,  second  column,  in  first  paragraph,  under  the  heading  "  Taxation,"  for  "Article  Vn,"  read  "Arti- 
cle X." 

Page  249,  second  column,  fourteenth  line,  for  "  N.  L.  Clark  "  read  "  M.  L.  Cavert."  Also,  twentieth  line, 
for  "Fourth  "  read  "Fourteenth." 

Page  SO.'j,  first  column,  the  heading  should  read,  "Compensation  of  officers  of  the  Legislature,"  instead  of 
"  Compensation  of  members."     Same  page,  second  column,  fifth  line,  for  •'  resolution  "  read  "  restriction." 

Page  338,  first  column,  thirteenth  line  from  the  bottom,  for  "  impUed  by,"  read  "  impUedly." 

Page  533,  first  column,  tenth  Une  from  bottom,  for  "Board  of  Commissioners,"  read  "Board  of  Canvass- 
ers." 

Page  .537,  second  column,  second  line,  for  "  trial  to  real  estate,"  read  "  title  to  real  estate." 

Page  538,  second  column,  end  of  thirteenth  amendment  to  Article  on  Salaries,  for  "enjoined  upon  him  by 
law,"  read  "imposed  upon  him  by  law." 

Page  803,  second  column,  in  third  line  of  Mr.  Hawley's  remarks,  after  the  words  "  first  clause,"  insert  "  of 
Section  8." 

Page 828.  second  column,  nineteenth  line,  insert,  after  "  sought,"  the  word  "so,"  so  as  to  read,  "I  have 
earnestly  sought  so  to  discharge,"  etc. 

Page  833,  first  column,  strike  out  the  word  "  as  "  in  third  line  of  resolution. 


UNIVERSITY  OF  CALIFORNIA,  LOS  ANGELES 

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